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Senate Engrossed |
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State of Arizona Senate Fifty-second Legislature First Regular Session 2015
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SENATE BILL 1466 |
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AN ACT
Amending title 17, chapter 4, Arizona Revised Statutes, by adding article 6; relating to livestock Depredation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 17, chapter 4, Arizona Revised Statutes, is amended by adding article 6, to read:
ARTICLE 6. LIVESTOCK LOSS BOARD
17-491. Livestock loss board; members; terms; compensation; annual report; board termination
A. The livestock loss board is established to address the depredation of wolves on livestock operations. The livestock loss board consists of the following members:
1. The director of the Arizona department of agriculture or the director's designee.
2. The director of the Arizona game and fish department or the director's designee.
3. Three members who represent the livestock industry, who have knowledge and experience with wildlife impacts and management and who are appointed by the governor pursuant to section 38-211.
4. Two members who represent wildlife conservation or wildlife management, who have knowledge and experience with livestock production or management and who are appointed by the governor pursuant to section 38-211.
5. One member who is a livestock auction market owner and who is appointed by the speaker of the house of representatives.
6. One member who is a faculty member at a university under the jurisdiction of the Arizona board of regents, who has expertise in agricultural and life sciences and who is appointed by the president of the senate.
B. The initial members of the livestock loss board who are appointed pursuant to subsection a, paragraphs 3, 4, 5 and 6 of this section shall assign themselves by lot to terms of two and four years in office. All subsequent members serve four-year terms of office. The chairperson shall notify the governor's office, the president of the senate and the speaker of the house of representatives of these appointments.
C. A majority of the members constitute a quorum.
D. The livestock loss board shall annually elect a chairperson from its members.
E. Members of the livestock loss board are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
F. The livestock loss board shall submit to the governor, the president of the senate and the speaker of the house of representatives on or before December 31 of each year a report of the number of applications for compensation, the total amount of monies provided to landowners, lessees and livestock operators that year and any recommendations. The livestock loss board shall provide a copy of this report to the secretary of state.
G. The board established by this section ends on July 1, 2023 pursuant to section 41-3103.
17-492. Powers and duties
A. The livestock loss board shall:
1. Establish and implement procedures to compensate landowners, lessees or livestock operators for wolf depredation on livestock.
2. Establish requirements for landowners, lessees and livestock operators to report and demonstrate wolf depredation on livestock.
3. Establish eligibility and application requirements to receive compensation for wolf depredation on livestock.
4. Determine the compensation rate for each livestock animal depredated by wolves.
5. Research and develop measures to prevent wolf depredation on livestock.
6. Establish procedures for landowners, lessees or livestock operators to appeal decisions of the livestock loss board.
B. The livestock loss board may:
1. Compensate landowners, lessees or livestock operators for wolf depredation on livestock.
2. Implement a pay‑for‑presence program that provides compensation for the landowners, lessees and livestock operators who allow wolves to be present on private property owned or leased by the landowner, lessee or livestock operator and accept potential wolf depredation on livestock. A pay‑for‑presence program may not provide compensation for the presence of wolves on public lands.
3. Coordinate with the department in an investigation of wolf depredation on livestock and any corrective measures taken pursuant to section 17-239.
4. Coordinate with state and federal wildlife agencies to verify wolf depredation on livestock.
5. Collaborate with federal farm services agencies in this state to promote livestock compensation programs.
6. Adopt rules pursuant to title 41, chapter 6 as necessary to administer and enforce this section.
17-493. Livestock compensation fund; exemption
A. The livestock compensation fund is established consisting of federal monies, legislative appropriations from the state general fund, public and private grants and private donations received for the purpose of compensating landowners, lessees and livestock operators for wolf depredation on livestock. Monies in the livestock compensation fund may also be used to compensate landowners, lessees and livestock operators for participation in a pay‑for‑presence program implemented by the livestock loss board pursuant to section 17-492.
B. The livestock loss board shall administer the livestock compensation fund. Monies in the fund are continuously appropriated. The livestock loss board may accept and spend federal monies, public and private grants, gifts, contributions and devises to assist in carrying out the purposes of this article. These monies do not revert to the state general fund at the end of a fiscal year. Monies in the fund shall be used to supplement, not supplant, monies otherwise appropriated to the department.
C. Monies in the livestock compensation fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.