A.R.S. tit. 48 ch. 9 — Arizona Revised Statutes Title 48 Chapter 9 — Cotton Pest Control Districts

48-1301. Definitions In this chapter, unless the context otherwise requires: 1. "Board" means the board of directors of a district. 2. "Council" means the cotton research and protection council established by title 3, chapter 10. 3. "District" means a cotton pest control district established pursuant to this chapter. 4. "Pest" means any form of animal or plant life that is detrimental to cotton production. 5. "Producer" means a person who farms and produces cotton in a district or proposed district. 48-1302. Petition to form a district Any group of cotton producers in a proposed cotton pest control district may petition the cotton research and protection council to establish a district under this chapter to prevent or eradicate one or more cotton pests. Any district to be formed under this chapter shall require the unanimous consent of the cotton producers to be included in the district before formation of the district shall be allowed. 48-1303. Contents of petition The petition to establish the district shall include: 1. The signature, name and address of each producer included in the proposed district. 2. The producer's farm number established by the council. 3. The boundaries of the proposed district. 4. A list of the proposed board of directors of the district. 48-1304. Notice of petition and hearing On receiving the petition, the council shall determine whether the petition meets the requirements of section 48-1303. If the petition meets those requirements, the council shall notify the petitioners of the proposed district of a hearing on the proposed district to be held at least thirty days after the petition was received. 48-1305. Hearing; approval or denial A. The council shall hold a hearing to receive comments from the petitioners of the proposed district. B. The council shall announce its findings within thirty days after the hearing and either approve or deny the formation of the district. C. If the council denies the formation of the district: 1. Within ten days the council shall state its reasons for denial in writing. 2. Producers or owners who are qualified pursuant to section 48-1302 may submit a new petition to the council at any time. 48-1306. Board of directors; officers A. A district shall be governed by a board of at least five but not more than eleven directors. Only producers in the district are eligible to serve as a director. B. Within ten days upon approval of the district by the council, the board shall meet and elect a chairman, vice-chairman and secretary from among its members. 48-1307. Administrative powers The board may: 1. Spend district monies as necessary to implement the pest control programs of the district. 2. Employ or contract with persons as necessary to meet the district's needs and set the compensation for employees as is appropriate. 3. Provide any other programs the board deems appropriate. 48-1308. Financial report and budget A. The board shall issue an annual financial report showing the receipts and expenditures of all monies and the district's assets and liabilities at the end of the fiscal year. B. The board shall prepare an annual budget of proposed revenues and expenditures at least sixty days before the beginning of the fiscal year. C. The board may choose to deposit district monies with the council to be spent at the board's direction. 48-1309. Assessments and fees A. Each year after adopting its budget, the board shall levy an assessment based on either: 1. The number of bales of cotton that are produced in the district. 2. The number of acres of cotton that are farmed in the district. 3. Any other method in the district that may be appropriate to raise sufficient monies to carry out the district's pest control program. B. The board shall not levy an assessment on any other crop. C. The board shall prescribe the schedule, procedure and forms for use in paying, collecting and remitting the annual assessment. The board may provide for collection and remission of the assessment in the manner prescribed by the board. D. If the district contracts with the council for a pest control management program, the board shall charge a fee before producers plant cotton in the district in an amount that will raise sufficient monies to carry out the contracted program. A producer shall pay the fee in full before the planting date unless payment is guaranteed by the producer's lender or other arrangements are made to the board's satisfaction. If a producer fails to pay a fee or assessment before the planting date, the council may abate the fields and assess the costs of abatement to the producer. Before any abatement action, the council shall notify the producer in writing and provide for a hearing within ten days after the notice. The council shall issue its decision in writing within five days after the hearing. An abatement action may be appealed to the superior court. 48-1310. Right to enter property An officer or employee of the district has the right to enter any property in the district to carry out the district's pest control programs, including treating and spraying of a cotton crop. 48-1311. Enlarging district boundaries A. At any time after the district has been formed, the district may adjust its boundaries by a vote of the board and upon approval of the council pursuant to subsection B. B. To expand the district all producers in the expansion area must petition the council to be included in the district. Within thirty days after receiving the petition the council shall notify all cotton producers in the district and the expansion area of the receipt of the petition and of a hearing on the petition. C. The council shall hold the hearing as provided by the notice to receive oral and written comments favoring and opposing the proposed expansion. D. The council shall announce its finding within thirty days after the hearing and either approve or deny the expansion. E. If the council denies the expansion: 1. Within ten days the council shall state in writing the reasons for denial. 2. The proponents of expansion may submit a new petition to the council at any time. F. A decision by the council to approve the expansion is final. 48-1312. Dissolution A. Districts may be dissolved by a majority vote of the board of directors of the district. B. If the district is dissolved, the council, within sixty days after the action taken under subsection A, shall: 1. Dispose of the district's assets, if any. 2. Pay the district's outstanding obligations. 3. Distribute any remaining district monies to producers in proportion to the last assessment paid by the producer. 48-1313. Annual election to participate A. In the year of formation and in any subsequent growing season for which a cotton producer has not exercised his or her right to terminate participation in a district formed under this chapter, the cotton producer shall be required to participate for the entire growing season before electing to terminate such participation. B. Each year on or before the date specified by the board of directors of the district, or if no date has been specified, before March 15 of the next cotton growing season, a participant in a district formed under this chapter may elect by written notice not to participate further in such district. In order to exercise its election as provided in this section, cotton producers shall provide written notice of election by the applicable date set forth in this section. Such written notice shall state the producer's name, address and farm number as assigned by the district. C. Any producer who shall have elected to terminate participation in a district formed under this chapter shall have the right to reelect participation in the district in any subsequent growing season by providing written notice as required by the district or, if no requirements are set forth by the district, on or before March 15 of such subsequent growing season. Such written notice shall state the producers name, address and farm number as assigned by the district.