Reference Title: iceberg lettuce research council members

AN ACT
AMENDING SECTIONS 3-526.01 AND 3-526.02, ARIZONA REVISED STATUTES; RELATING TO THE ARIZONA ICEBERG LETTUCE RESEARCH COUNCIL.

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

Section 1. Section 3-526.01, Arizona Revised Statutes, is amended to read:

3-526.01 . Arizona iceberg lettuce research council; appointment; term

A. The Arizona iceberg lettuce research council is established consisting of nine SEVEN producers appointed by the governor. The members shall be appointed as follows:

1. Four producers from district one, including Yuma and La Paz counties.

2. Two producers ONE PRODUCER from district two, including Maricopa, Pima and Pinal counties.

3. One producer from district three, including the remainder of the iceberg lettuce producing areas in this state.

4. 3. Two producers appointed at large.

B. The governor may consult with any recognized vegetable grower and shipper organizations in this state in appointing members to the council.

C. The term of office of each council member is for three years beginning January 1 and ending December 31 of the appropriate year. Members are limited to two consecutive terms of office , EXCEPT THAT A MEMBER WHO IS APPOINTED TO FILL A VACANCY MAY SERVE TWO CONSECUTIVE TERMS PLUS THE UNEXPIRED TERM THAT FILLS THE VACANCY . On the expiration of a term of a member or in the event of a vacancy, the governor shall appoint a successor.

D. The office of a member is 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 a producer.

2. The member is unable to perform his duties.

3. The absence of the member from four consecutive council meetings if the absences have not been excused by the council.

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.

Sec. 2. Section 3-526.02, Arizona Revised Statutes, is amended to read:

3-526.02 . Powers and duties of the council

A. The council shall:

1. Receive and disburse monies to be used in administering this article.

2. Annually elect a chairman, secretary and treasurer from among its members.

3. Meet at least once each calendar quarter or at such times as called by the chairman or when requested by five FOUR or more members of the council. A quorum consists of five FOUR or more members of the council of which at least one member shall be from district one and one member from district two .

4. Keep a permanent record of its proceedings and make these records available for public inspection for any lawful purpose.

5. Prepare for the governor and the iceberg lettuce industry an annual report of its activities, receipts and expenditures. A copy of the annual report shall be available to any interested iceberg lettuce producer and the general public on request.

6. Provide for an annual audit of its accounts by a qualified public accounting firm and make an annual financial statement available to any producer and the auditor general on request.

7. Organize and administer any referendum called under subsection C, paragraph 11 of this section.

8. Prescribe fees to be assessed within the limits prescribed in section 3-526.04.

B. The council may authorize or contract for programs relating to:

1. Research, development and survey programs concerning varietal development.

2. Programs for lettuce pest eradication.

3. Programs concerning production, harvesting, handling and hauling from field to market.

4. Any other programs, excluding sales or marketing, that the council deems to be appropriate for the purposes of this article.

C. The council may:

1. Disseminate reliable information, including the results of research studies, surveys and information obtained as a result of research.

2. Sue and be sued as a council, without individual liability, for acts of the council within the scope of the powers and duties conferred on it by this article.

3. Enter into contracts to carry out the purposes of this article, including contracts for research and development of iceberg lettuce.

4. Appoint advisory groups composed of representatives from organizations, institutions or businesses related to or interested in the welfare of the iceberg lettuce industry.

5. Make grants to research agencies for financing appropriate studies, or for purchase or acquisition of equipment and facilities consistent with this article.

6. Employ or retain and fix the compensation of a qualified person or a qualified entity to manage THE AFFAIRS OF THE COUNCIL on behalf of the council and other personnel that are necessary to carry out the provisions of this article.

7. Cooperate with any local, state or nationwide organization or agency engaged in work or activities similar or related to those of the council and enter into contracts with such organizations or agencies for carrying on joint programs.

8. Act jointly and in cooperation with this state or any other state or the federal government, and spend monies to administer any program deemed by the council to be beneficial to the iceberg lettuce industry of this state.

9. Adopt rules necessary to promptly and effectively administer this article.

10. Accept grants, donations, contributions, gifts, property or services or other assistance from public or private sources to further the objectives of this article.

11. Refer to the iceberg lettuce producers in this state for an advisory vote the question of setting fees or establishing or continuing any program authorized by this article.

12. Investigate and prosecute in the name of this state any action or suit to enforce the collection or ensure payment of the authorized fees.

Sec. 3. Effect on incumbents

This act does not affect the membership or service of any incumbent member of the Arizona iceberg lettuce research council. All incumbent members of the council on the effective date of this act may continue to serve the full terms of office to which they were appointed.

APPROVED BY THE GOVERNOR APRIL 25, 1997.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 28, 1997.