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Grain Research and Promotion Council (Council)

Revision Date

Agency Contact Information

Grain Research and Promotion Council

Authority

The Arizona Grain Research and Promotion Council was established in 1985. Statutory authority for the Council is found at A.R.S. §§3-581 et seq.

Function

The Arizona Grain Research and Promotion Council (Council) was established to promote and develop Arizona's grain industry. Fees are assessed on grain produced in the state at a rate of up to five cents per hundred weight, and are deposited into the Arizona Grain Research Trust Fund. The fee is prescribed by the Council annually. Monies in the Fund are held in trust and are used for grain research projects and marketing programs. The Council consists of seven members appointed by the Governor to three-year terms. The Arizona Department of Agriculture provides administrative support for the Council.

In 2008, the Legislature transferred monies in various funds to the State General Fund. In addition to transfers from several agricultural funds, $80,000 was transferred from the Arizona Grain Research Fund. In August 2008, groups representing agricultural producers filed suit against the Governor, arguing the funds had been collected and were earmarked for specific purposes and should not have been swept or used for another legislative purpose. The trial court ruled in favor of the plaintiff; however the appeals court reversed the decision, stating the enabling statutes did not preclude the Legislature's authority to redirect funds to the State General Fund. Arizona Farm Bureau Federation v. Brewer, 226 Ariz. 16, 243 P.3d 619 (2010). Legislation introduced in 2011 and 2012 addressed this issue.

History

Laws 1985, Chapter 63 established the Arizona Grain Research and Promotion Council consisting of nine Arizona grain producers, appointed by the Governor to terms of three years. The law outlined the powers and duties of the Council, including the authority to assess a fee of up to 5 cents per hundred weight of grain sold through commercial channels. The fees were to be used to develop and expand grain markets and to support grain research. The law established penalties for failure to remit fees and outlined a process for producers to request a refund of fees. The law also included a process for growers to call for an election to determine whether the Council should be continued or terminated.

Laws 1986, Chapter 190 established the grain assessment at 2 cents per hundred weight until January 31, 1987.

Laws 1990, Chapter 374 established the Department of Agriculture, consolidating a number of agriculture-related agencies. The measure also updated the petition threshold to conduct an election to recommend continuation or termination of the Council and its programs.

Laws 2001, Chapter 246 established the Arizona Grain Research Fund and required fees collected from producers to be deposited in the Fund, rather than in a commercial bank.

Laws 2005, Chapter 173 provided the Council discretionary authority to issue grants to fund studies and research related to: reducing fresh water consumption in grain production; developing new grain varieties; and improving production, handling methods and harvesting equipment.

Laws 2006, Chapter 279, reduced council membership from nine members to seven. The terms of incumbent members were not affected as the measure allowed the terms of two members to expire without replacement.

Laws 2011, Chapter 281 required the Council to hold fees collected from grain producers in trust. The law also established the Arizona Grain Research Trust Fund, which replaced the Grain Research Fund. The law included an automatic repeal date of January 1, 2013 which would have returned the agricultural funds and programs to non-trust status.

Laws 2012, Chapter 248 permanently continued the agricultural trust funds and programs established by Laws 2011, Chapter 281 by eliminating the automatic repeal contained in the 2011 measure.

Sources

  • Arizona Revised Statutes, §§3-581 through 3-594
  • Session Laws
    • Laws 1985, Chapter 63
    • Laws 1986, Chapter 190
    • Laws 1990, Chapter 374
    • Laws 2001, Chapter 246
    • Laws 2005, Chapter 173
    • Laws 2006, Chapter 279
    • Laws 2011, Chapter 281
    • Laws 2012, Chapter 248
  • Arizona Department of Agriculture Annual Report 2015 https://agriculture.az.gov
  • Arizona Farm Bureau Federation v. Brewer, 226 Ariz. 16, 243 P.3d 619 (2010)

Related collections at Arizona State Archives

  • Record group 9 – Department of Agriculture