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.

3-1087. 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.