PREFILED    JAN 08 2020

REFERENCE TITLE: agriculture department; livestock loss board

State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020

SB 1083

Introduced by Senator Allen S

 

AN ACT

 

providing for transferring and renumbering; amending sections 3‑2412 and 3‑2413, Arizona Revised Statutes, as transferred and renumbered; relating to the livestock loss board. 

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Transfer and renumber

Title 17, chapter 4, article 6, Arizona Revised Statutes, is transferred and renumbered for placement in title 3, chapter 14, Arizona Revised Statutes, as article 2.  The following sections are transferred and renumbered for placement in title 3, chapter 14, article 2:

Former Sections                           New Sections

17-491.................................. 3-2411

17-492.................................. 3-2412

17-493.................................. 3-2413

Sec. 2.  Section 3-2412, Arizona Revised Statutes, as transferred and renumbered, is amended to read:

START_STATUTE3-2412.  Powers and duties; definition

A.  The livestock loss board shall:

1.  Establish and implement procedures to compensate landowners, lessees or livestock operators for wolf depredation on livestock.

2.  Establish requirements for landowners, lessees and livestock operators to report and demonstrate wolf depredation on livestock.

3.  Establish eligibility and application requirements to receive compensation for wolf depredation on livestock.

4.  Determine the compensation rate for each livestock animal depredated by wolves.

5.  Research and develop measures to prevent wolf depredation on livestock.

6.  Establish procedures for landowners, lessees or livestock operators to appeal decisions of the livestock loss board.

B.  The livestock loss board may:

1.  Compensate landowners, lessees or livestock operators for wolf depredation on livestock.

2.  Compensate landowners, lessees or livestock operators for implementing avoidance measures to prevent wolf depredation on livestock.

2.  3.  Implement a pay‑for‑presence program that provides compensation for the landowners, lessees and livestock operators who allow wolves to be present on private property owned or leased by the landowner, lessee or livestock operator and accept potential wolf depredation on livestock.  A pay‑for‑presence program may not provide compensation for the presence of wolves on public lands.

3.  4.  Coordinate with the arizona game and fish department in an investigation of wolf depredation on livestock and any corrective measures taken pursuant to section 17‑239.

4.  5.  Coordinate with state and federal wildlife agencies to verify wolf depredation on livestock.

5.  6.  Collaborate with federal farm services agencies in this state to promote livestock compensation programs.

6.  7.  Adopt rules pursuant to title 41, chapter 6 as necessary to administer and enforce this section.

C.  For the purposes of this section, "avoidance measures":

1.  Means actions taken by livestock owners to reduce the likelihood of livestock depredation.

2.  Includes:

(a)  Using range riders, livestock guardian dogs, fladry, fox lights or cost-intensive management practices to reduce livestock depredation.

(b)  Education. END_STATUTE

Sec. 3.  Section 3-2413, Arizona Revised Statutes, as transferred and renumbered, is amended to read:

START_STATUTE3-2413.  Livestock compensation fund; exemption; definition

A.  The livestock compensation fund is established consisting of federal monies, legislative appropriations from the state general fund, public and private grants and private donations received for the purpose of compensating landowners, lessees and livestock operators for the following:

1.  Wolf depredation on livestock.  Monies in the livestock compensation fund may also be used to compensate landowners, lessees and livestock operators for participation

2.  Participating in a pay‑for‑presence program implemented by the livestock loss board pursuant to section 17‑492 3‑2412.

3.  Implementing avoidance measures to prevent wolf depredation on livestock.

B.  The livestock loss board shall administer the livestock compensation fund.  Monies in the fund are continuously appropriated.  The livestock loss board may accept and spend federal monies, public and private grants, gifts, contributions and devises to assist in carrying out the purposes of this article.  These monies do not revert to the state general fund at the end of a fiscal year.  Monies in the fund shall be used to supplement, not supplant, monies otherwise appropriated to the department.

C.  Monies in the livestock compensation fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.

D.  For the purposes of this section, "avoidance measures" has the same meaning prescribed in section 3‑2412. END_STATUTE