Arizona-2021-HB2289-Chaptered

House Engrossed

citrus research council; fee increase

State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session

2021

CHAPTER 105

HOUSE BILL 2289

AN ACT

amending sections 3-468 and 3-468.04, Arizona Revised Statutes; relating to the Arizona citrus research council.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 3-468, Arizona Revised Statutes, is amended to read:

START_STATUTE3-468. Definitions

In this article, unless the context otherwise requires:

1. "Citrus" means varieties of the genus citrus that are commercially produced in this state for the fresh market or for juice production but does not include commercially produced by-products or products manufactured for resale.

2. "Council" means the Arizona citrus research council.

3. "Department" means the Arizona department of agriculture.

4. 3. "Grower-shipper" means a person who is engaged in this state in the business of packing, shipping, transporting or selling citrus of which he the person is a grower, producer or owner.

5. 4. "Handler" means a person who engages in marketing citrus on behalf of a grower, whether as a grower-shipper, owner, agent, employee, broker, dealer, consignor or commission merchant or otherwise.

6. 5. "Producer" means a person who is engaged in this state in the business of commercially producing or causing citrus to be commercially produced.END_STATUTE

Sec. 2. Section 3-468.04, Arizona Revised Statutes, is amended to read:

START_STATUTE3-468.04. Fees; collection; budget

A. On or before July 1 of each calendar year, the council shall assess a fee of not more than one and one-half cents $.05 per standard carton or forty pounds of equivalent weight in bulk bins of citrus produced. The council may assess the fee for citrus produced for the fresh market and the fee for citrus produced for juice production at different amounts. For the purposes of this subsection, "standard carton" means a container or package prescribed for each kind of citrus fruit pursuant to article 2 of this chapter and rules adopted under that article.

B. Each grower-shipper, shipper and handler shall keep a complete and accurate record of all citrus handled by such entities and the producer. These records shall contain such information as required to be kept for the citrus, fruit and vegetable trust fund pursuant to articles 2 and 4 of this chapter and rules adopted pursuant to those articles.

C. Assessments shall be collected from the grower-shipper, shipper or handler first marketing the citrus being assessed. The grower-shipper, shipper or handler is a trustee of the monies until they are paid to the council pursuant to subsection B of this section and according to procedures established pursuant to articles 2 and 4 of this chapter and rules adopted pursuant to those articles. A citrus producer is responsible for paying the fee unless the fee is withheld for payment by the grower-shipper, shipper or handler first marketing the citrus.

D. Before establishing the annual fee, the council shall establish a budget. The budget is effective on approval of the council.

E. Title 41, chapter 6 does not apply to setting and collecting the fee under this section, but the council shall provide thirty days' advance notice of the meeting at which any fee will be increased and the amount of the proposed fee. The council shall receive public testimony at the meeting regarding the fee. END_STATUTE

Sec. 3. Requirements for enactment; two-thirds vote

Pursuant to article IX, section 22, Constitution of Arizona, this act is effective only on the affirmative vote of at least two-thirds of the members of each house of the legislature and is effective immediately on the signature of the governor or, if the governor vetoes this act, on the subsequent affirmative vote of at least three-fourths of the members of each house of the legislature.