USA Statutes : arizona
Title : Agriculture
Chapter : COTTON RESEARCH AND PROTECTION
In this article, unless the context otherwise requires, "council" means the cotton
research and protection council.
3-1082 Cotton research and protection council; membership; terms; vacancy; compensation
A. The cotton research and protection council is established and is composed of
nine active cotton producers to be appointed by the governor. The members shall be
appointed as follows:
1. Two each who are residents of:
(a) Maricopa county.
(b) Pinal county.
(c) The Yuma, La Paz and Mohave counties area.
2. One each who is a resident of:
(a) Pima county.
(b) Cochise county.
(c) The Graham and Greenlee counties area.
B. The governor may consult with any recognized cotton producer organizations in
this state in determining appointments to the council.
C. The term of office of council members is three years and expires on December 31
of the appropriate year, but a member may continue to serve until his successor is
appointed and assumes office. A member is eligible for a second consecutive three year
term. A member who completes a second consecutive three year term is ineligible for
reappointment for at least one year. On the expiration of a term of a member or in the
event of a vacancy a successor shall be appointed by the governor.
D. The office of any member shall be deemed vacant and the governor shall appoint a
person to fill the remainder of the term under any of the following circumstances:
1. The member is no longer an active cotton producer.
2. The member is unable to perform his duties.
3. The absence of the member from three consecutive council meetings if the
absences have not been excused by the council.
4. The member has ceased to reside in the county or county area that the member was
appointed to represent.
E. Members of the council are not eligible to receive compensation but are eligible
for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
3-1083 Council powers and duties
A. The council shall:
1. Receive and disburse monies to be used in administering the provisions of this
2. Meet at least once each calendar quarter and more frequently on the call of the
chairman or by five members of the council.
3. Annually elect a chairman from among its members.
4. Elect a secretary and treasurer from among its members.
5. Establish an executive committee consisting of the chairman, secretary and
treasurer. The executive committee shall act in accordance with the direction received
from the council or, if necessary, the executive committee shall act and bring the matter
before the full council at the next regular meeting of the council for review and
6. Provide for a triennial audit of its accounts by a qualified public accounting
firm and additional audits as the council may require and make an annual financial
statement available to any producer and the auditor general on request.
7. Keep and maintain a permanent record of its proceedings and make these records
available for public inspection for any lawful purpose.
8. Prepare an annual report of its activities, receipts and expenditures. The
report shall be submitted to the governor, other state officers as the council determines
and other persons in the cotton industry in this state as may be appropriate. Copies of
the annual report shall be available to any interested cotton producer and the general
public on request.
9. Organize and administer any referendum called under subsection C, paragraph 6 of
10. Reimburse the department for costs incurred in the abatement of cotton fields
under section 3-204, subsection G and section 3-205, subsection G from monies authorized
for abatement of cotton fields pursuant to section 3-1087, subsection B, if monies are
B. The council may authorize or contract for any of the following programs:
1. Those research programs that are related to cotton production or its protection,
including cotton seed breeding or other research programs to develop germplasm.
2. The execution of nuisance abatements related to cotton protection as provided
for under sections 3-204 and 3-205.
3. Programs of aflatoxin control and cotton pest eradication.
4. A program to refund collected fees to cotton producers to provide an incentive
to abate cotton fields to be administered in cooperation with the department.
5. Any other programs that the council deems to be appropriate for furthering the
purposes of this article.
C. The council may:
1. Adopt rules necessary to promptly and effectively administer the provisions of
2. Award grants of monies, property, services or other assistance to public or
private recipients for the express purpose of furthering the objectives of this article,
including research programs related to cotton protection and production authorized by the
3. Accept grants and donations of monies, property, services or other assistance
from public or private sources for the express purpose of furthering the objectives of
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 to sue and be sued in
the name of the council.
5. Buy and sell seed and other products used in the council's aflatoxin control
program, extend credit in connection with the sale and distribution of treated seed and
other products, collect and enforce debts or obligations with respect to extended credit
and take a security interest in collateral of all kinds, including real and personal
property to secure the credit.
6. Cooperate with any local, state and national organizations or agencies engaged
in activities similar to or related to those of the council and enter into contracts with
these organizations or agencies for carrying on joint programs.
7. Acquire and protect patents, licenses or certificates of protection for plant
varieties resulting from seed breeding or other programs authorized by the council and
grant licenses to use intellectual property rights held by the council.
8. Act jointly and in cooperation with this state or any other state or the federal
government in the administration of any program deemed by the council as beneficial to
the cotton industry of this state.
9. Refer to the cotton producers in this state for an advisory vote the question of
establishing, continuing or discontinuing any program authorized by this article.
10. Expend monies for public relations programs that are organized to promote the
cotton industry or agriculture in this state.
11. Purchase motor vehicles for the administration of its own motor vehicle fleet
and provide for its operation and maintenance.
D. No member may serve in the same executive office of the council for more than
three consecutive years.
3-1084 Executive director; administrative services; reimbursement
A. The council may employ staff, to serve at the pleasure of the council, and may
prescribe the terms and conditions of employment of employees as necessary to perform the
functions prescribed by this article. The council may provide, at a rate or amount
determined by the council, compensation, vehicles and vehicle expenses, health care
benefits, life insurance, retirement benefits and any other cost or expense associated
with employment. Reimbursement for travel and subsistence expenses for council employees
shall be in the amount prescribed by title 38, chapter 4, article 2. The council may
employ state employees, who are subject to all terms and conditions of employment
prescribed by the council, but who may elect to continue participation in retirement,
life insurance and health care programs sponsored by this state. In the event of such an
election, the council's contributions shall be identical to those established by this
state. All employees of the council are exempt from title 38, chapter 4, articles 1 and
4 and chapter 5, article 2 and title 41, chapter 4, articles 5 and 6 and are not under
the jurisdiction of the department of administration. The council may also enter into an
interagency agreement pursuant to title 11, chapter 7, article 3 with the department to
provide necessary administrative services to the council, including:
1. Providing secretarial and other services necessary for the council to carry out
2. Establishing separate operating accounts for the council.
3. Providing necessary financial and accounting services to the council including
the issuance of checks, payment of bills approved by the council, annual audits,
expenditure and receipt reports whether monthly or annually, preparation of an annual
budget and any other activities requested by the council.
4. Receiving mail and other communications for the council.
5. Receiving monies authorized under this article for deposit, pursuant to sections
35-146 and 35-147, in the appropriate funds.
6. Accepting donated monies on behalf of the council to be credited to the account
of the council.
7. Providing space for the meetings of the council.
8. Providing any other administrative services which the council requests or finds
B. If the department performs any function under this article, it acts as the agent
of the council and has no authority or control over the council or the council's
employees or assets. The council shall reimburse the department for any administrative
services the department provides from the monies received under this article in an amount
agreed on by the council and director. Monies received by the department shall be
deposited, pursuant to sections 35-146 and 35-147, in the administrative support fund
established by section 3-108.
3-1085 Cotton research and protection council fund; use by director
A. The cotton research and protection council fund is established for the purpose
of administering this article. The council shall administer the fund. The fund consists
of penalties collected pursuant to sections 3-204 and 3-205, fees and other income
collected pursuant to this article.
B. The director may request the use of fund monies for the abatement of upland
cotton fields and for those purposes provided for under the abatement provisions of
sections 3-204 and 3-205. Monies distributed pursuant to this subsection shall be repaid
to the fund within one calendar year after their disbursement, but the council may extend
the repayment period at its discretion and set the terms and conditions for repayment.
C. The council may deposit monies from fees assessed pursuant to section 3-1086 in
the fund. The council shall deposit monies from penalties collected pursuant to section
3-204 in the fund.
D. The monies in the fund may be invested pursuant to section 35-313. Interest
earned on these monies shall be credited to the fund.
3-1086.01 Colored cotton fee
A. On or before July 1 of each year:
1. The department shall submit a proposed budget to the council for enforcing rules
regarding colored cotton production.
2. The council may assess a fee of not more than three dollars per bale of colored
cotton produced in this state to provide sufficient monies to enforce the rules for
colored cotton production. Before establishing the annual fee, the council shall adopt a
budget for colored cotton enforcement activities.
B. Cotton gins shall collect the fee and remit the monies to the council on or
before April 1 of each year according to the procedures and on forms that the council
C. A cotton producer is responsible for payment of the fee required by this section
unless the fee is withheld for payment to the council by a gin.
D. Title 41, chapter 6 does not apply to setting the fee under this section, but
the council shall provide sixty days' advance notice of the meeting at which the fee will
be adopted and the amount of the proposed fee. The council shall receive public
testimony at the meeting regarding the fee.
E. The council may enter into an intergovernmental agreement pursuant to title 11,
chapter 7, article 3 with the department to provide necessary enforcement services for
3-1086.02 Pink bollworm eradication program; fee; registration; civil penalties
A. The council may organize and implement a pink bollworm eradication program. The
council shall conduct a referendum among eligible cotton producers, as determined by the
council, with the assistance of the department and appropriate federal agencies, on the
question of establishing a program and fee. The ballot for the referendum shall present
the question, "Shall a pink bollworm eradication program and fee of not more than
thirty-two dollars per planted acre of cotton be established in this state?" with spaces
in which the voter can indicate a vote for or against the proposal. The program may not
be established unless either:
1. At least sixty-six per cent of those voting approve of the program.
2. Those voting to approve the program represent more than fifty per cent of the
cotton acreage in this state, as determined by the council.
B. If approved, the council may choose to either implement a statewide eradication
program or establish regional areas in this state for implementation of an eradication
C. The authority to assess and collect the pink bollworm eradication program fee
under this section terminates four years after the date establishing the pink bollworm
eradication program statewide or four years after the date implementing a pink bollworm
eradication program in a region.
D. After a pink bollworm eradication program has been established under this
1. The council may assess a fee on or before July 1 each year of not more than
thirty-two dollars per planted acre of cotton to control the pink bollworm. Title 41,
chapter 6 does not apply to setting the fee under this section, but the council shall
provide thirty days' advance notice of the meeting at which the fee will be adopted and
the proposed amount of the fee. The fee shall be based on a detailed expenditure plan
for that year to control the pink bollworm in non-Bt fields. The council shall approve
the expenditure plan before establishing the fee. The council shall provide a copy of the
proposed annual expenditure plan to all producers who request a copy within ten days
before the meeting at which the fee will be adopted. The council shall receive public
testimony at the meeting regarding the fee.
2. The council shall waive the fee for each planted acre of Bt cotton.
3. Thirty days after the date established by rules adopted pursuant to chapter 2,
article 1 of this title for abatement of the nuisance of cotton or cotton stubble, each
producer shall register each acre of non-Bt cotton with the council on forms prescribed
by the council and shall pay the fee in full to the council within sixty days of
registration, unless the producer's lender guarantees payment or other arrangements are
made to the council's satisfaction or under terms established by the council. The
council, at its discretion, may permit late registration.
4. A producer shall not plant non-Bt cotton after the dates established in rules
adopted pursuant to sections 3-204 and 3-205 without written permission of the council.
5. The council may impose a civil penalty against a producer of not more than two
hundred dollars per acre for each planted acre of non-Bt cotton for failure to register
or failure to pay the fee when due under this section.
6. The council shall rebate, under terms established by the council, any collected
fees that are not spent for protection from pink bollworm in non-Bt cotton fields
statewide or in a region in which the fees were collected.
3-1086 Fees; collection; budget
A. The council, on or before July 1 of each calendar year, shall assess a fee of
not to exceed one dollar per bale of cotton produced in this state on land above
twenty-seven hundred feet in elevation and not to exceed five dollars per bale of cotton
produced in this state on land twenty-seven hundred feet in elevation or below. If the
council finds that a program of pink bollworm eradication is necessary on land above
twenty-seven hundred feet in elevation, the council may raise the fee not to exceed five
dollars per bale of cotton for the duration of the eradication program or for four years
after establishing the eradication program, whichever period expires first, after which
the fee reverts to not more than one dollar per bale of cotton.
B. Cotton gins shall collect and remit the fee to the council according to
procedures and on forms the council prescribes. A gin shall remit at least one-half of
the annual fee as established by the council and not designated as a refund for the
abatement of cotton fields as provided in section 3-1087, subsection B on or before
February 15 of each year with a report of actual bales ginned through January 31 of each
year and an estimate of bales to be ginned by March 15. The remainder of the fee is due
on or before March 15 of each year. The portion of the fee that is designated as a
refund for the abatement of cotton fields may be held by the gin, subject to
certification by the ARIZONA department of agriculture that a producer has complied with
the abatement program. Upon notification of certification to the gin, the fee designated
for the abatement program as a refund shall be credited to the producer's account of the
gin responsible for the remittance of the fee. If a producer fails to comply with the
program to abate cotton fields according to plow-up rules adopted under chapter 2,
article 1 of this title, the fee designated as a refund shall be remitted, in full, to
the council. The gin shall inform the council, on forms prescribed by the council, of the
names of persons or farms for which the gin is withholding the fee designated as a refund
under section 3-1087, subsection B at the time the fee is collected.
C. A cotton producer is responsible for payment of the fee unless the fee is
withheld for payment to the council by a gin.
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 the fee under this section, but
the council shall provide sixty days' advance notice of the meeting at which the fee will
be adopted and the amount of the proposed fee. The council shall receive public
testimony at the meeting regarding the fee. 3-1087 Deposit of fees; use on termination
A. Monies collected pursuant to sections 3-1086, 3-1086.01 and 3-1086.02 shall be
deposited and held in trust in the council's accounts, which are administered by the
department as the council's agent, and disbursed as approved by the council for the
purposes prescribed in this article.
B. The council may use monies collected under section 3-1086 as a refund to cotton
producers to facilitate a program to provide incentives for the abatement of cotton
fields. The council may issue a refund only on certification by the ARIZONA department
of agriculture that the cotton field has been abated according to plow-up rules adopted
under chapter 2, article 1 of this title. With the approval of the cotton producer, a
refund may be assigned to a lending institution. A portion of the refund may be withheld
as a penalty for noncompliance with plow-up rules. The council in cooperation with the
department shall annually agree on criteria specifying how the amount of penalty shall be
determined. A producer may appeal the withheld portion of the refund as a penalty
pursuant to section 3-107.
C. If the council is terminated, any monies in the council's accounts shall be
expended to meet existing legal obligations of the council. The council shall expend any
remaining monies on any program consistent with this article.
D. The monies in the account may be invested pursuant to section 35-313. Interest
earned on these monies shall be credited to the account. 3-1088 Failure to pay fee; penalty; hearing; violation; classification
A. A producer required to pay fees pursuant to section 3-1086 who fails to pay the
fee shall be assessed a penalty of ten per cent of the total fee. The producer may
request a hearing before the council to dispute or determine the amount of a fee or
B. The council shall hold a hearing if requested and no fee or penalty may be paid
until the council, following the hearing, enters its order determining the amount of any
fee or penalty. The producer shall pay the fee and the penalty assessed within ten days
of notice of the council's decision.
C. A person who knowingly fails to pay or remit any monies due or collected as
required in this article is guilty of a class 2 misdemeanor.
3-1090 Recommendation for termination of council; election
A. The council shall put to a vote of the cotton producers in this state the
question of whether the council should recommend to the legislature that the council be
terminated if either of the following occurs:
1. The council, by a two-thirds vote of its membership, determines that it is no
longer in the best interest of the cotton industry of this state to continue the council
and its programs.
2. On receipt by the council of a petition calling for the election signed by ten
per cent or more of the contributing cotton producers in this state in the previous year,
which shall be signed not more than six months before its presentation to the council.
B. The ballot for an election called pursuant to subsection A shall be in such form
as to record a yes or no answer to the question: "Shall the cotton research and
protection council recommend to the legislature that the council and its programs be
discontinued and terminated?" If a majority of those producers voting votes yes, the
council shall recommend to the legislature that the council be terminated. If less than
a majority of the producers voting votes yes, another election shall not be conducted for
at least two years. The council shall pay the expenses necessary to carry out the