Bill Text: AZ SB1404 | 2011 | Fiftieth Legislature 1st Regular | Engrossed
Bill Title: Arizona grain research trust fund
Spectrum: Moderate Partisan Bill (Republican 18-2)
Status: (Engrossed - Dead) 2011-04-13 - House Committee of the Whole action: Retained on the Calendar [SB1404 Detail]
Download: Arizona-2011-SB1404-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SENATE BILL 1404 |
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AN ACT
Amending sections 3-584, 3-590 and 3-592, Arizona Revised Statutes; relating to the Arizona grain research and promotion council.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 3-584, Arizona Revised Statutes, is amended to read:
3-584. Powers and duties of the council
A. The council shall:
1. Meet at least once during each calendar quarter and more frequently on the call of the chairman, vice‑chairman or any three members of the council.
2. Annually elect a chairman from among its members.
3. Elect a secretary and a treasurer from among its members.
4. Establish an executive committee, consisting of the chairman, secretary and treasurer. The executive committee shall act pursuant to direction received from the full council, or if the situation arises, the executive committee shall act and then bring the subject and its action before the full council at the next regular meeting of the council for review and ratification.
5. Establish fees to be assessed within the limits prescribed in section 3‑587 to be held in trust in, and subject to the terms and conditions prescribed for, the Arizona grain research trust fund established by section 3-590.
B. Programs and projects authorized under this article may include:
1. Cooperation in state, regional, national or international activities with public or private organizations or individuals to assist in developing and expanding markets and reducing the cost of marketing grain and grain products.
2. Participation in research projects and programs to assist in reducing fresh water consumption, developing new grain varieties, improved production and handling methods, research and design of new or improved harvesting and handling equipment.
3. Any program or project that the council determines appropriate to provide education, publicity or other assistance to facilitate further development of the Arizona grain industry.
C. The council may:
1. Adopt administrative rules necessary to promptly and effectively administer this article.
2. Appoint subordinate officers and employees of the council, prescribe their duties and fix their compensation.
3. Accept donations of monies, property, services or other assistance from public or private sources for the purpose of furthering the objectives of this article. All donations of monies shall be held in trust in, and subject to the terms and conditions prescribed for, the Arizona grain research trust fund established by section 3-590.
4. Investigate and prosecute in the name of this state any action or suit to enforce the collection or ensure payment of the fees authorized and sue and be sued in the name of the council.
5. Make grants to research agencies for financing appropriate studies, research projects and programs to assist in reducing fresh water consumption, developing new grain varieties, improved production and handling methods and research and design of new or improved harvesting and handling equipment.
Sec. 2. Section 3-590, Arizona Revised Statutes, is amended to read:
3-590. Arizona grain research trust fund
A. The Arizona grain research trust fund is established for the purpose of administering this article. The council shall administer the fund. The fund consists of fees collected pursuant to this article and other donations received pursuant to section 3-584, subsection C, paragraph 3. On notice from the council, the state treasurer shall invest and divest monies in the fund as provided for trust monies by section 35‑313 title 35, chapter 2, article 2, and monies earned from investment shall be credited to the fund. Monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
B. The monies in the fund are separate and independent trust funds. The state treasurer shall accept and hold the monies in the fund in trust. The council shall approve disbursements from the fund only for the purposes prescribed by this article. The state treasurer shall disburse monies in the fund only as approved by the council for the purposes prescribed by this article.
C. The council shall maintain a sufficient balance in the fund to satisfy refunds of fees requested pursuant to section 3-592.
B. D. If the council is terminated, any monies remaining in the fund after terminating this article shall be expended to meet existing legal obligations of the council. The council shall expend any surplus remaining for market research or other lawful purposes under this article. Surplus monies shall not revert to the state treasury.
Sec. 3. Section 3-592, Arizona Revised Statutes, is amended to read:
3-592. Refund of fees
A producer may by the use of forms provided by the council, and on presentation of such proof as the council may require, have the fee refunded. A request for refund must be received in the office of the council within sixty days following the payment of the fee by the first buyer or the first purchaser. The council shall direct the state treasurer, as trustee, to make refunds within thirty days of the request for refund if the fee sought to be refunded has been received. The council shall adopt such rules as are necessary to further ensure that the fees are refunded promptly.
