REFERENCE TITLE: legislative appointments; qualifications State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025 SB 1649 Introduced by Senator Petersen An Act amending sections 17-491, 26-261, 28-2439.01, 41-561, 41-1279, 41-1373, 41-1502, 45-2103, 48-6203, 48-6416 and 49-456, Arizona Revised Statutes; relating to qualifications and tenure. (TEXT OF BILL BEGINS ON NEXT PAGE)
REFERENCE TITLE: legislative appointments; qualifications
State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
SB 1649
Introduced by Senator Petersen
REFERENCE TITLE: legislative appointments; qualifications
State of Arizona
Senate
Fifty-seventh Legislature
First Regular Session
2025
SB 1649
Introduced by
Senator Petersen
An Act
amending sections 17-491, 26-261, 28-2439.01, 41-561, 41-1279, 41-1373, 41-1502, 45-2103, 48-6203, 48-6416 and 49-456, Arizona Revised Statutes; relating to qualifications and tenure.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 17-491, Arizona Revised Statutes, is amended to read: START_STATUTE17-491. Livestock loss board; members; terms; compensation; annual report 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. END_STATUTE Sec. 2. Section 26-261, Arizona Revised Statutes, is amended to read: START_STATUTE26-261. Military affairs commission; confidential discussions and information; definition A. The military affairs commission is established. The commission membership consists of: 1. Sixteen members who are appointed by the governor and who include the following: (a) Twelve members who reside in a community in which a military installation is located. Of this group, six members shall have expertise in military affairs and six members shall be local elected officials. (b) Four members who represent private property interests in the territory in the vicinity as defined in section 28-8461 or in a community in which a military installation is located. 2. One member who represents private property interests in the territory in the vicinity as defined in section 28-8461 or in a community in which a military installation is located and who is appointed by the president of the senate. 3. One member who represents private property interests in the territory in the vicinity as defined in section 28-8461 or in a community in which a military installation is located and who is appointed by the speaker of the house of representatives. 4. Four nonvoting advisory members who are not counted for the purpose of determining a quorum, consisting of: (a) The adjutant general or a designee of the adjutant general. (b) A representative of a military installation commander who is appointed by the governor. (c) A representative from a federal agency involved in land use issues who is appointed by the governor. (d) The state land commissioner or a designee of the commissioner. B. The military affairs commission shall have geographic diversity in its membership. The governor shall designate two of the governor's appointees as cochairpersons of the commission. Members or designees of the commission shall not send alternates to represent them at commission meetings. The voting members shall serve six-year terms. C. The department of emergency and military affairs shall staff the commission. D. The commission shall: 1. Meet at least annually. 2. Meet on a regular basis with the governor, the president of the senate and the speaker of the house of representatives, either individually or collectively, to provide recommendations on military issues and report on the progress of the military affairs commission. 3. Annually meet with the appropriate legislative committees that have jurisdiction over military installations. 4. Advise the governor and the legislature on matters affecting the operational viability of Arizona military facilities, including military installations, military training routes, military restricted airspace, military ranges or areas under the jurisdiction of an active unit of the uniformed armed services of the United States or any reserve or national guard component of the uniformed armed services of the United States. 5. Develop criteria, including accountability requirements, for awarding monies from the military installation fund established by section 26-262. 6. Review applications for monies to be awarded from the military installation fund. 7. Annually recommend to the department of emergency and military affairs a priority listing of monies with available resources. 8. Recommend to the department of emergency and military affairs how the monies in the military installation fund should be awarded. 9. Proactively assist with coordination among the United States military operating in Arizona, the congressional delegation, the governor, the state legislature and state and local leaders. 10. Recommend executive, legislative and federal actions necessary to sustain military operations and enhance the this state's preparedness to respond to potential new missions and prevent military facilities from closure or downsizing. 11. Study issues relating to veterans, active duty, national guard and reserve members of the United States armed forces and other military quality of life issues. E. Discussions that are related to the federal government's process to determine the closure, realignment, relocation, expansion or forced structure reduction of military installations and to proprietary alternatives to this state's military base closure or realignment strategies are not subject to title 38, chapter 3, article 3.1. F. Information that is developed or obtained by the commission and that pertains to proprietary strategies of the commission or that is related to the relocation of military units is confidential and is not subject to title 39, chapter 1, including documents related to the federal government's process to determine the closure, realignment, relocation, expansion or forced structure reduction of military installations until the federal government has issued a final, unappealable decision in that process or, in the event of litigation, a court of competent jurisdiction has entered a final, unappealable order regarding the closure, realignment, relocation, expansion or forced structure reduction of the military installations. If the commission enters into a confidentiality agreement with a third party, the commission may disclose information that is deemed confidential pursuant to this subsection to that third party. G. For the purposes of this section, "military installation" means a military airport or ancillary military facility as defined in section 28-8461 or any real property that services, supports or is used by the military. END_STATUTE Sec. 3. Section 28-2439.01, Arizona Revised Statutes, is amended to read: START_STATUTE28-2439.01. Arizona tea party committee A. The Arizona tea party committee is established consisting of the following thirteen members who reside in this state and who are United States citizens: 1. One member three members who is are appointed by the president of the senate and who is the director of an incorporated nonprofit corporation that is qualified under section 501(c)(3) or 501(c)(4) of the United States internal revenue code for federal income tax purposes, that has a mission of bringing together, empowering and training tea party groups and that has affiliated members that represent diverse geographical locations throughout this state. 2. Two members who are appointed by the president of the senate and who each represent an organization in this state that promotes the tea party governing principles of fiscal responsibility, limited government and free markets. One of the two members must reside in a county with a population of more than one hundred sixty thousand persons but less than one hundred sixty-seven thousand persons. 3. 2. Three members who are appointed by the speaker of the house of representatives and who each represent an organization in this state that promotes the tea party governing principles of fiscal responsibility, limited government and free markets. 4. 3. Seven members who are appointed by the governor and who each represent an organization in this state that promotes the tea party governing principles of fiscal responsibility, limited government and free markets. B. The Arizona tea party committee members shall serve five year five-year terms. C. The committee shall: 1. Distribute monies from the don't tread on me special plates fund established by section 28-2439.02. 2. Submit a written report to the governor, the president of the senate and the speaker of the house of representatives pursuant to section 28-2439.02. 3. No Not later than sixty days before the expiration of a member's term, deliver a list of at least two, but no not more than five, candidates to the governor, the president of the senate or the speaker of the house of representatives in order to fill a vacancy on the committee. The governor, the president of the senate or the speaker of the house of representatives shall may select and appoint a member to the committee from the list submitted by the committee. D. Members of the committee are not eligible to receive compensation or reimbursement of expenses. END_STATUTE Sec. 4. Section 41-561, Arizona Revised Statutes, is amended to read: START_STATUTE41-561. Economic estimates commission; members; vacancies; limitation A. There shall be an economic estimates commission composed of the following three members: 1. The director of the department of revenue or the director's designee, who shall serve as chairman. 2. One person, who shall be knowledgeable in the field of economics, who is appointed by the president of the senate. 3. One person, who shall be knowledgeable in the field of economics, who is appointed by the speaker of the house of representatives. B. The appointive commission members shall be appointed for a term of two years and shall receive compensation determined pursuant to section 38-611. C. Vacancies in commission membership shall be filled for the balance of the unexpired term in the same manner as the original appointment. D. No member of the commission shall be a member of the legislature. END_STATUTE Sec. 5. Section 41-1279, Arizona Revised Statutes, is amended to read: START_STATUTE41-1279. Joint legislative audit committee; composition; meetings; powers and duties A. The joint legislative audit committee is established consisting of five members of the senate who are appointed by the president of the senate, one of whom is a member of the senate appropriations committee, and five members of the house of representatives who are appointed by the speaker of the house of representatives, one of whom is a member of the house of representatives appropriations committee. Selection of members shall be based on their understanding of and interest in legislative audit oversight functions. Not more than three appointees of each house shall be of the same political party. The president and the speaker shall designate one of their appointed members as chairperson of their respective delegation. The chairperson of the audit committee shall serve for the term of each legislature. The chairmanship of the audit committee shall alternate between the chairperson of the senate delegation and the chairperson of the house of representatives delegation beginning with the chairperson of the senate delegation. The president of the senate and the speaker of the house of representatives shall also serve as ex officio members of the committee. B. The committee shall meet at least quarterly and on call of the chairperson. Members of the committee are eligible for reimbursement by their respective houses in the same manner as a member of the legislature who attends a meeting of a standing committee. C. The committee shall: 1. Oversee all audit functions of the legislature and state agencies, including sunset, performance, special and financial audits, special research requests and the preparation and introduction of legislation resulting from audit report findings. 2. Appoint an auditor general subject to approval by a concurrent resolution of the legislature and direct the auditor general to perform all sunset, performance, special and financial audits and investigations. 3. Have the power of legislative subpoena in accordance with article 4 of this chapter. 4. Require state agencies to comply with findings and directions of the committee regarding sunset, performance, special and financial audits. 5. Perform all functions required by chapter 27 of this title relating to the sunset review of state agencies. END_STATUTE Sec. 6. Section 41-1373, Arizona Revised Statutes, is amended to read: START_STATUTE41-1373. Ombudsman-citizens aide selection committee A. When there is a vacancy in the office of ombudsman-citizens aide, or within twelve months before the expiration of the term of office, the ombudsman-citizens aide selection committee is established consisting of: 1. Two members of the senate appointed by the president of the senate. One member members shall be from each different political party parties. 2. Two members of the house of representatives appointed by the speaker of the house of representatives. One member members shall be from each different political party parties. 3. One public member who is appointed by the president of the senate and who represents a large business that is regulated by this state. 4. One public member who is appointed by the speaker of the house of representatives and who represents a small business that is regulated by this state. 5. Three members who are appointed by the governor and who represent: (a) A consumer group that is not regulated by this state. (b) State employees who hold managerial positions. (c) State employees who hold nonmanagerial positions. B. The appointing officers shall appoint the members of the committee when a vacancy occurs in the office of ombudsman-citizens aide. The committee shall receive applications and nominate by a two-thirds vote one candidate for ombudsman-citizens aide according to its adopted procedures. The appointment of the ombudsman-citizens aide from this nomination is made by passage of a bill on a roll call vote of by two-thirds of the membership of each house of the legislature. Membership on the ombudsman-citizens aide selection committee expires when the appointment is approved. If the governor disapproves the bill, he the governor shall return it to the house in which it originated. If after reconsideration, it again passes on a roll call vote of three-fourths of the membership of each house of the legislature, it shall become law notwithstanding the governor's objection. C. Meetings of the committee are open to the public except for meetings to interview candidates and to make preliminary choices among the candidates. The meeting held to vote for the nominee is open to the public. D. The identity of all candidates shall be public. E. Committee members are eligible to receive reimbursement of expenses pursuant to title 38, chapter 4, article 2 but are not eligible to receive compensation. END_STATUTE Sec. 7. Section 41-1502, Arizona Revised Statutes, is amended to read: START_STATUTE41-1502. Arizona commerce authority; board of directors; conduct of office; audit A. The Arizona commerce authority is established. The mission of the authority is to provide private sector leadership in growing and diversifying the economy of this state, creating high quality employment in this state through expansion, attraction and retention of businesses and marketing this state for the purpose of expansion, attraction and retention of businesses. B. The authority is governed by a board of directors consisting of: 1. The governor, who serves as chairperson. 2. The chief executive officer. 3. Seventeen nine private sector business leaders who are appointed by the governor and who are chief executive officers of private, for-profit enterprises. None of these members may be an elected official of any government entity. These members must be appointed from geographically diverse areas of this state and not all from the same county. These members shall serve staggered three-year terms of office beginning and ending on the third Monday in January. These members shall be appointed as follows: (a) Nine members who are appointed by the governor. (b) 4. Four members who are appointed by the president of the senate. These members shall serve staggered three-year terms of office beginning and ending on the third Monday in January. (c) 5. Four members who are appointed by the speaker of the house of representatives. These members shall serve staggered three-year terms of office beginning and ending on the third Monday in January. 4. 6. The following as ex officio members without the power to vote: (a) The president of the senate. (b) The speaker of the house of representatives. (c) The president of the Arizona board of regents. (d) The president of each state university under the jurisdiction of the Arizona board of regents. (e) One president of a community college who is appointed by a statewide organization of community college presidents. (f) The chairperson of the governor's council on small business, or its successor. (g) The chairperson of the workforce Arizona council established by executive order pursuant to section 41-5401. (h) One member of the rural business development advisory council established by section 41-1505 who is appointed by the governor. (i) The president of a statewide organization of incorporated cities and towns who is appointed by the governor. (j) The president of a statewide organization of county boards of supervisors who is appointed by the governor. C. For members who are appointed by the governor pursuant to subsection B of this section, before appointment by the governor, a prospective member of the board of directors shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. D. The following shall serve as technical advisors to the board to enhance collaboration among state agencies to meet infrastructure needs and facilitate growth opportunities throughout this state: 1. The director of environmental quality. 2. The state land commissioner. 3. The director of the department of revenue. 4. The director of the office of tourism. 5. The director of the department of transportation. 6. The director of water resources. 7. The director of the department of insurance and financial institutions. 8. The director of the Arizona-Mexico commission in the governor's office. 9. The director of the office of economic opportunity. 10. An attorney who is appointed jointly by the president of the senate and the speaker of the house of representatives and who has experience litigating constitutional cases involving article IX, section 7 of the Arizona Constitution. E. The governor shall appoint a cochairperson of the board of directors from among the voting members. The board may establish an executive committee consisting of the chairperson, the cochairperson, the chief executive officer and additional voting members of the board elected by the board. The chairperson may appoint subcommittees as necessary. F. The board may request assistance from representatives of other state agencies to maximize economic development opportunities by leveraging their access to strategic assets and planning processes. G. Board members serve without compensation but are eligible for reimbursement of expenses pursuant to section 41-1504, subsection E, paragraph 1. H. A majority of the voting members, which must include the chairperson and the chief executive officer, constitute a quorum for the purpose of an official meeting for conducting business. An affirmative vote of a majority of the members present at an official meeting is sufficient for any action to be taken. I. The board shall keep and maintain a complete and accurate record of all of its proceedings. Public access to the board's records is subject to section 41-1504, subsection M. The public portion of board meetings shall be recorded. These recordings shall be posted on the authority's website within three business days after the meeting and shall remain on the website pursuant to section 38-431.01, subsection K. J. The board of directors, executive committee, subcommittees and advisory councils are subject to title 38, chapter 3, article 3.1, relating to public meetings, except as follows: 1. In addition to section 38-431.03, the board, executive committee and subcommittees may meet in executive session for discussion about potential business development opportunities and strategies that, if made public, could potentially harm the applicant's, the potential applicant's or this state's competitive position. 2. Social and travel events related to the expansion, attraction and retention of businesses are not public meetings if no legal action involving a final vote or decision is taken. 3. Activities and events held in public for the purpose of announcing the expansion, attraction and retention of projects are not public meetings. K. The board and the officers and employees of the authority are subject to title 38, chapter 3, article 8, relating to conflicts of interest. L. The board of directors shall adopt written policies, procedures and guidelines for standards of conduct, including a gift policy, for members of the board and for officers and employees of the authority. M. The compensation of all officers and employees is considered a public record pursuant to title 39, chapter 1. N. The authority shall operate on the state fiscal year. The board shall cause an annual audit to be conducted on or before October 31 of each of the authority's public funds established by this chapter by an independent certified public accountant. The board shall immediately file a certified copy of the audit with the auditor general. The auditor general may make such further audits and examinations as necessary and may take appropriate action relating to the audit or examination pursuant to chapter 7, article 10.1 of this title. If the auditor general takes no further action within thirty days after the audit is filed, the audit is considered to be sufficient. O. All state agencies shall cooperate with the authority and make available data pertaining to the functions of the authority as requested by the authority. P. The authority may not have more than one hundred full-time employees, excluding any full-time employees that are funded with monies other than state monies. END_STATUTE Sec. 8. Section 45-2103, Arizona Revised Statutes, is amended to read: START_STATUTE45-2103. Arizona water protection fund commission A. The Arizona water protection fund commission is established and consists of two ex officio members, two advisory members and nine appointed members who are residents of this state, who have demonstrated an interest in natural resources and who are appointed as follows: 1. One person who represents a multi-county water conservation district established pursuant to title 48, chapter 22 and named by that district's governing board. 2. One person who represents a state association of natural resource conservation districts and who is appointed by the governor. 3. Four persons who represent natural resource conservation districts established pursuant to title 41, chapter 58, and who represent geographically diverse areas of this state, two of whom shall be are appointed by the president of the senate and two of whom are appointed by the speaker of the house of representatives. 4. One member of the public who has at least a bachelor's degree in hydrology, who represents a city that is served by the central Arizona project and who is appointed by the governor. 5. One person who is knowledgeable in natural resource conservation issues or in water resource issues related to riparian ecosystems, who represents an agricultural improvement district established pursuant to title 48, chapter 17 and who is appointed by the governor. 6. One person who represents an Indian tribe and who is appointed by the chairman of the inter tribal council of Arizona. 7. As nonvoting ex officio members, the director of the department of water resources and the state land commissioner. 8. As nonvoting advisory members, one member of the house of representatives who is appointed by the speaker of the house of representatives and one member of the senate who is appointed by the president of the senate. Advisory members may not be considered for purposes of establishing a quorum. B. Members of the commission appointed pursuant to subsection A, paragraphs 1 through 6 of this section shall be appointed for staggered terms of three years. A member may serve more than one term and may continue to serve beyond the expiration of the term until a successor is appointed and assumes office. C. On request, members who are not ex officio members of the commission are eligible to receive compensation pursuant to section 38-611, not to exceed $3,000 in any calendar year, and are eligible for reimbursement for expenses pursuant to title 38, chapter 4, article 2. D. Members of the commission are immune from liability for any action necessary to carry out the purposes of this chapter. END_STATUTE Sec. 9. Section 48-6203, Arizona Revised Statutes, is amended to read: START_STATUTE48-6203. Board of directors A. The district is governed by a board of directors consisting of the following members: 1. For a district that is formed by a city and a county, one member of the governing body of the city participating in establishing the district, elected by the governing body. If a county does not participate in establishing the district, the city shall elect two members of its governing body to be members of the board of directors of the district. 2. For a district that is formed by a city and a county, one member of the governing body of the county participating in establishing the district, elected by the governing body. If a city does not participate in establishing the district, the county shall elect two members of its governing body to be members of the board of directors of the district. 3. One member of the general public who resides in the city or county in which the district is located, who is appointed by the speaker of the house of representatives. 4. One member of the general public who resides in the city or county in which the district is located, who is appointed by the president of the senate. B. Members of the board of directors who also serve on the governing body of a city or county establishing the district serve during their terms of office on the governing body of the city or county, unless a successor is earlier elected by the respective governing body to replace the member for any reason. Other members of the board of directors shall serve four-year terms. C. Members are not eligible for compensation for service on the board of directors. END_STATUTE Sec. 10. Section 48-6416, Arizona Revised Statutes, is amended to read: START_STATUTE48-6416. Organizing board; upper San Pedro water district; membership; authority; formation election A. The organizing board for the upper San Pedro water district is established consisting of the following persons: 1. Five members who are appointed by the governor and who are qualified electors of the proposed district, one of whom may represent a city that is located in the proposed district and that has a population of thirty-five thousand persons or more, one of whom may represent a city that is located in the proposed district and that has a population of less than thirty-five thousand persons, one of whom may represent a conservation organization that has been involved in the upper San Pedro partnership of agencies and entities that is recognized under federal law, one of whom may represent an investor-owned utility and one of whom may represent retired military personnel or a military support organization. 2. Two members appointed by the president of the senate and two members appointed by the speaker of the house of representatives. These members shall be qualified electors of the proposed district and shall have an interest in one or more of the communities in the proposed district and may include persons representing a city, town or county, a resource based business or a natural resource conservation district or other persons who have personal, business or professional interests in the district. B. The organizing board of the district shall prepare and provide to the public the following: 1. A detailed plan of organization for the upper San Pedro water district. 2. A financial plan by which adequate revenues will be generated to support the district's activities. The organizing board of the district may recommend a rate of taxation to the elected board but the organizing board shall not set the rate of any tax. 3. A comprehensive plan for the conservation, reuse, recharge and augmentation of water in the district designed to achieve the goal of the district. The plan shall include measurable objectives to be met by the district not later than ten years after the district is established. The organizing board shall consult with the director of water resources when developing the plan. 4. An election plan for the district that includes an election for the formation of the district, an election for members of the board of directors of the district, if formation is approved, and approval of and authority for the district to generate revenue pursuant to section 48-6406. The election may be called by the county board of supervisors at the next regular general election or on a date prescribed in section 16-204 before or after the next general election date. The election plan shall include proposed ballot language that is sufficiently detailed to inform the voters of the powers and duties of the proposed district board of directors, including the organization of the district, the water management goal and the revenue generating authority of the proposed district. C. The organizing board of the district shall cooperate with other government entities and agencies in the area of the proposed district, including the department, and may enter into intergovernmental agreements with those entities before and without regard to formation of any district, but the organizing board may not legally or financially bind the district. D. The organizing board of the district is a public body that is subject to title 38, chapter 3, article 3.1 relating to open meetings. E. If the district is established, the organizing board of the district shall serve until an elected board of directors is qualified and begins serving, but the organizing board may not assess, levy or collect a tax. F. The county attorney for the county may advise or represent the organizing board on matters within the board's authority under this chapter if the county attorney determines that the advice or representation is appropriate and not in conflict with the county attorney's duties under section 11-532. G. If the district is not established within five years after the effective date of this section, the authority of the organizing board is terminated and any intergovernmental agreements executed by the organizing board are terminated. END_STATUTE Sec. 11. Section 49-456, Arizona Revised Statutes, is amended to read: START_STATUTE49-456. Technical assistance for small business; compliance advisory panel A. After reasonable notice and a public hearing, the director shall submit to the administrator a plan establishing a small business stationary source technical and compliance assistance program consistent with and equivalent to the plan required under section 507 of the clean air act. B. A compliance advisory panel is established consisting of seven members who are appointed for staggered five-year terms as follows: 1. Two members who are appointed by the governor to represent the general public and who are not owners or representatives of owners of small business stationary sources. 2. Two members who are appointed by the speaker of the house of representatives and who are owners or who represent owners of small business stationary sources. 3. Two members who are appointed by the president of the senate and who are owners or who represent owners of small business stationary sources. 4. One member who is appointed by the director of the department of environmental quality to represent the department. C. The panel shall: 1. Advise the director on the effectiveness of the small business stationary source technical and environmental compliance assistance program operated pursuant to this section and any such program operated by a county, including the identification of difficulties encountered and the degree and severity of enforcement. 2. Make periodic reports to the director and administrator concerning the compliance of the small business stationary source technical and environmental compliance assistance program operated pursuant to this section and any such program operated by a county with the requirements of the paperwork reduction act (P.L. 96-511; 20 United States Code section 1221), the regulatory flexibility act (P.L. 96-354; 5 United States Code section 601) and the equal access to justice act (P.L. 96-481; 5 United States Code section 504). 3. Review information developed by the department and any county for small business stationary sources to assure that the information is understandable by the general public and advise the director of its findings. 4. Have staff from the small business stationary source technical and environmental compliance assistance program to develop and disseminate reports and advisory opinions. END_STATUTE
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 17-491, Arizona Revised Statutes, is amended to read:
START_STATUTE17-491. Livestock loss board; members; terms; compensation; annual report
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. END_STATUTE
Sec. 2. Section 26-261, Arizona Revised Statutes, is amended to read:
START_STATUTE26-261. Military affairs commission; confidential discussions and information; definition
A. The military affairs commission is established. The commission membership consists of:
1. Sixteen members who are appointed by the governor and who include the following:
(a) Twelve members who reside in a community in which a military installation is located. Of this group, six members shall have expertise in military affairs and six members shall be local elected officials.
(b) Four members who represent private property interests in the territory in the vicinity as defined in section 28-8461 or in a community in which a military installation is located.
2. One member who represents private property interests in the territory in the vicinity as defined in section 28-8461 or in a community in which a military installation is located and who is appointed by the president of the senate.
3. One member who represents private property interests in the territory in the vicinity as defined in section 28-8461 or in a community in which a military installation is located and who is appointed by the speaker of the house of representatives.
4. Four nonvoting advisory members who are not counted for the purpose of determining a quorum, consisting of:
(a) The adjutant general or a designee of the adjutant general.
(b) A representative of a military installation commander who is appointed by the governor.
(c) A representative from a federal agency involved in land use issues who is appointed by the governor.
(d) The state land commissioner or a designee of the commissioner.
B. The military affairs commission shall have geographic diversity in its membership. The governor shall designate two of the governor's appointees as cochairpersons of the commission. Members or designees of the commission shall not send alternates to represent them at commission meetings. The voting members shall serve six-year terms.
C. The department of emergency and military affairs shall staff the commission.
D. The commission shall:
1. Meet at least annually.
2. Meet on a regular basis with the governor, the president of the senate and the speaker of the house of representatives, either individually or collectively, to provide recommendations on military issues and report on the progress of the military affairs commission.
3. Annually meet with the appropriate legislative committees that have jurisdiction over military installations.
4. Advise the governor and the legislature on matters affecting the operational viability of Arizona military facilities, including military installations, military training routes, military restricted airspace, military ranges or areas under the jurisdiction of an active unit of the uniformed armed services of the United States or any reserve or national guard component of the uniformed armed services of the United States.
5. Develop criteria, including accountability requirements, for awarding monies from the military installation fund established by section 26-262.
6. Review applications for monies to be awarded from the military installation fund.
7. Annually recommend to the department of emergency and military affairs a priority listing of monies with available resources.
8. Recommend to the department of emergency and military affairs how the monies in the military installation fund should be awarded.
9. Proactively assist with coordination among the United States military operating in Arizona, the congressional delegation, the governor, the state legislature and state and local leaders.
10. Recommend executive, legislative and federal actions necessary to sustain military operations and enhance the this state's preparedness to respond to potential new missions and prevent military facilities from closure or downsizing.
11. Study issues relating to veterans, active duty, national guard and reserve members of the United States armed forces and other military quality of life issues.
E. Discussions that are related to the federal government's process to determine the closure, realignment, relocation, expansion or forced structure reduction of military installations and to proprietary alternatives to this state's military base closure or realignment strategies are not subject to title 38, chapter 3, article 3.1.
F. Information that is developed or obtained by the commission and that pertains to proprietary strategies of the commission or that is related to the relocation of military units is confidential and is not subject to title 39, chapter 1, including documents related to the federal government's process to determine the closure, realignment, relocation, expansion or forced structure reduction of military installations until the federal government has issued a final, unappealable decision in that process or, in the event of litigation, a court of competent jurisdiction has entered a final, unappealable order regarding the closure, realignment, relocation, expansion or forced structure reduction of the military installations. If the commission enters into a confidentiality agreement with a third party, the commission may disclose information that is deemed confidential pursuant to this subsection to that third party.
G. For the purposes of this section, "military installation" means a military airport or ancillary military facility as defined in section 28-8461 or any real property that services, supports or is used by the military. END_STATUTE
Sec. 3. Section 28-2439.01, Arizona Revised Statutes, is amended to read:
START_STATUTE28-2439.01. Arizona tea party committee
A. The Arizona tea party committee is established consisting of the following thirteen members who reside in this state and who are United States citizens:
1. One member three members who is are appointed by the president of the senate and who is the director of an incorporated nonprofit corporation that is qualified under section 501(c)(3) or 501(c)(4) of the United States internal revenue code for federal income tax purposes, that has a mission of bringing together, empowering and training tea party groups and that has affiliated members that represent diverse geographical locations throughout this state.
2. Two members who are appointed by the president of the senate and who each represent an organization in this state that promotes the tea party governing principles of fiscal responsibility, limited government and free markets. One of the two members must reside in a county with a population of more than one hundred sixty thousand persons but less than one hundred sixty-seven thousand persons.
3. 2. Three members who are appointed by the speaker of the house of representatives and who each represent an organization in this state that promotes the tea party governing principles of fiscal responsibility, limited government and free markets.
4. 3. Seven members who are appointed by the governor and who each represent an organization in this state that promotes the tea party governing principles of fiscal responsibility, limited government and free markets.
B. The Arizona tea party committee members shall serve five year five-year terms.
C. The committee shall:
1. Distribute monies from the don't tread on me special plates fund established by section 28-2439.02.
2. Submit a written report to the governor, the president of the senate and the speaker of the house of representatives pursuant to section 28-2439.02.
3. No Not later than sixty days before the expiration of a member's term, deliver a list of at least two, but no not more than five, candidates to the governor, the president of the senate or the speaker of the house of representatives in order to fill a vacancy on the committee. The governor, the president of the senate or the speaker of the house of representatives shall may select and appoint a member to the committee from the list submitted by the committee.
D. Members of the committee are not eligible to receive compensation or reimbursement of expenses. END_STATUTE
Sec. 4. Section 41-561, Arizona Revised Statutes, is amended to read:
START_STATUTE41-561. Economic estimates commission; members; vacancies; limitation
A. There shall be an economic estimates commission composed of the following three members:
1. The director of the department of revenue or the director's designee, who shall serve as chairman.
2. One person, who shall be knowledgeable in the field of economics, who is appointed by the president of the senate.
3. One person, who shall be knowledgeable in the field of economics, who is appointed by the speaker of the house of representatives.
B. The appointive commission members shall be appointed for a term of two years and shall receive compensation determined pursuant to section 38-611.
C. Vacancies in commission membership shall be filled for the balance of the unexpired term in the same manner as the original appointment.
D. No member of the commission shall be a member of the legislature. END_STATUTE
Sec. 5. Section 41-1279, Arizona Revised Statutes, is amended to read:
START_STATUTE41-1279. Joint legislative audit committee; composition; meetings; powers and duties
A. The joint legislative audit committee is established consisting of five members of the senate who are appointed by the president of the senate, one of whom is a member of the senate appropriations committee, and five members of the house of representatives who are appointed by the speaker of the house of representatives, one of whom is a member of the house of representatives appropriations committee. Selection of members shall be based on their understanding of and interest in legislative audit oversight functions. Not more than three appointees of each house shall be of the same political party. The president and the speaker shall designate one of their appointed members as chairperson of their respective delegation. The chairperson of the audit committee shall serve for the term of each legislature. The chairmanship of the audit committee shall alternate between the chairperson of the senate delegation and the chairperson of the house of representatives delegation beginning with the chairperson of the senate delegation. The president of the senate and the speaker of the house of representatives shall also serve as ex officio members of the committee.
B. The committee shall meet at least quarterly and on call of the chairperson. Members of the committee are eligible for reimbursement by their respective houses in the same manner as a member of the legislature who attends a meeting of a standing committee.
C. The committee shall:
1. Oversee all audit functions of the legislature and state agencies, including sunset, performance, special and financial audits, special research requests and the preparation and introduction of legislation resulting from audit report findings.
2. Appoint an auditor general subject to approval by a concurrent resolution of the legislature and direct the auditor general to perform all sunset, performance, special and financial audits and investigations.
3. Have the power of legislative subpoena in accordance with article 4 of this chapter.
4. Require state agencies to comply with findings and directions of the committee regarding sunset, performance, special and financial audits.
5. Perform all functions required by chapter 27 of this title relating to the sunset review of state agencies. END_STATUTE
Sec. 6. Section 41-1373, Arizona Revised Statutes, is amended to read:
START_STATUTE41-1373. Ombudsman-citizens aide selection committee
A. When there is a vacancy in the office of ombudsman-citizens aide, or within twelve months before the expiration of the term of office, the ombudsman-citizens aide selection committee is established consisting of:
1. Two members of the senate appointed by the president of the senate. One member members shall be from each different political party parties.
2. Two members of the house of representatives appointed by the speaker of the house of representatives. One member members shall be from each different political party parties.
3. One public member who is appointed by the president of the senate and who represents a large business that is regulated by this state.
4. One public member who is appointed by the speaker of the house of representatives and who represents a small business that is regulated by this state.
5. Three members who are appointed by the governor and who represent:
(a) A consumer group that is not regulated by this state.
(b) State employees who hold managerial positions.
(c) State employees who hold nonmanagerial positions.
B. The appointing officers shall appoint the members of the committee when a vacancy occurs in the office of ombudsman-citizens aide. The committee shall receive applications and nominate by a two-thirds vote one candidate for ombudsman-citizens aide according to its adopted procedures. The appointment of the ombudsman-citizens aide from this nomination is made by passage of a bill on a roll call vote of by two-thirds of the membership of each house of the legislature. Membership on the ombudsman-citizens aide selection committee expires when the appointment is approved. If the governor disapproves the bill, he the governor shall return it to the house in which it originated. If after reconsideration, it again passes on a roll call vote of three-fourths of the membership of each house of the legislature, it shall become law notwithstanding the governor's objection.
C. Meetings of the committee are open to the public except for meetings to interview candidates and to make preliminary choices among the candidates. The meeting held to vote for the nominee is open to the public.
D. The identity of all candidates shall be public.
E. Committee members are eligible to receive reimbursement of expenses pursuant to title 38, chapter 4, article 2 but are not eligible to receive compensation. END_STATUTE
Sec. 7. Section 41-1502, Arizona Revised Statutes, is amended to read:
START_STATUTE41-1502. Arizona commerce authority; board of directors; conduct of office; audit
A. The Arizona commerce authority is established. The mission of the authority is to provide private sector leadership in growing and diversifying the economy of this state, creating high quality employment in this state through expansion, attraction and retention of businesses and marketing this state for the purpose of expansion, attraction and retention of businesses.
B. The authority is governed by a board of directors consisting of:
1. The governor, who serves as chairperson.
2. The chief executive officer.
3. Seventeen nine private sector business leaders who are appointed by the governor and who are chief executive officers of private, for-profit enterprises. None of these members may be an elected official of any government entity. These members must be appointed from geographically diverse areas of this state and not all from the same county. These members shall serve staggered three-year terms of office beginning and ending on the third Monday in January. These members shall be appointed as follows:
(a) Nine members who are appointed by the governor.
(b) 4. Four members who are appointed by the president of the senate. These members shall serve staggered three-year terms of office beginning and ending on the third Monday in January.
(c) 5. Four members who are appointed by the speaker of the house of representatives. These members shall serve staggered three-year terms of office beginning and ending on the third Monday in January.
4. 6. The following as ex officio members without the power to vote:
(a) The president of the senate.
(b) The speaker of the house of representatives.
(c) The president of the Arizona board of regents.
(d) The president of each state university under the jurisdiction of the Arizona board of regents.
(e) One president of a community college who is appointed by a statewide organization of community college presidents.
(f) The chairperson of the governor's council on small business, or its successor.
(g) The chairperson of the workforce Arizona council established by executive order pursuant to section 41-5401.
(h) One member of the rural business development advisory council established by section 41-1505 who is appointed by the governor.
(i) The president of a statewide organization of incorporated cities and towns who is appointed by the governor.
(j) The president of a statewide organization of county boards of supervisors who is appointed by the governor.
C. For members who are appointed by the governor pursuant to subsection B of this section, before appointment by the governor, a prospective member of the board of directors shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
D. The following shall serve as technical advisors to the board to enhance collaboration among state agencies to meet infrastructure needs and facilitate growth opportunities throughout this state:
1. The director of environmental quality.
2. The state land commissioner.
3. The director of the department of revenue.
4. The director of the office of tourism.
5. The director of the department of transportation.
6. The director of water resources.
7. The director of the department of insurance and financial institutions.
8. The director of the Arizona-Mexico commission in the governor's office.
9. The director of the office of economic opportunity.
10. An attorney who is appointed jointly by the president of the senate and the speaker of the house of representatives and who has experience litigating constitutional cases involving article IX, section 7 of the Arizona Constitution.
E. The governor shall appoint a cochairperson of the board of directors from among the voting members. The board may establish an executive committee consisting of the chairperson, the cochairperson, the chief executive officer and additional voting members of the board elected by the board. The chairperson may appoint subcommittees as necessary.
F. The board may request assistance from representatives of other state agencies to maximize economic development opportunities by leveraging their access to strategic assets and planning processes.
G. Board members serve without compensation but are eligible for reimbursement of expenses pursuant to section 41-1504, subsection E, paragraph 1.
H. A majority of the voting members, which must include the chairperson and the chief executive officer, constitute a quorum for the purpose of an official meeting for conducting business. An affirmative vote of a majority of the members present at an official meeting is sufficient for any action to be taken.
I. The board shall keep and maintain a complete and accurate record of all of its proceedings. Public access to the board's records is subject to section 41-1504, subsection M. The public portion of board meetings shall be recorded. These recordings shall be posted on the authority's website within three business days after the meeting and shall remain on the website pursuant to section 38-431.01, subsection K.
J. The board of directors, executive committee, subcommittees and advisory councils are subject to title 38, chapter 3, article 3.1, relating to public meetings, except as follows:
1. In addition to section 38-431.03, the board, executive committee and subcommittees may meet in executive session for discussion about potential business development opportunities and strategies that, if made public, could potentially harm the applicant's, the potential applicant's or this state's competitive position.
2. Social and travel events related to the expansion, attraction and retention of businesses are not public meetings if no legal action involving a final vote or decision is taken.
3. Activities and events held in public for the purpose of announcing the expansion, attraction and retention of projects are not public meetings.
K. The board and the officers and employees of the authority are subject to title 38, chapter 3, article 8, relating to conflicts of interest.
L. The board of directors shall adopt written policies, procedures and guidelines for standards of conduct, including a gift policy, for members of the board and for officers and employees of the authority.
M. The compensation of all officers and employees is considered a public record pursuant to title 39, chapter 1.
N. The authority shall operate on the state fiscal year. The board shall cause an annual audit to be conducted on or before October 31 of each of the authority's public funds established by this chapter by an independent certified public accountant. The board shall immediately file a certified copy of the audit with the auditor general. The auditor general may make such further audits and examinations as necessary and may take appropriate action relating to the audit or examination pursuant to chapter 7, article 10.1 of this title. If the auditor general takes no further action within thirty days after the audit is filed, the audit is considered to be sufficient.
O. All state agencies shall cooperate with the authority and make available data pertaining to the functions of the authority as requested by the authority.
P. The authority may not have more than one hundred full-time employees, excluding any full-time employees that are funded with monies other than state monies. END_STATUTE
Sec. 8. Section 45-2103, Arizona Revised Statutes, is amended to read:
START_STATUTE45-2103. Arizona water protection fund commission
A. The Arizona water protection fund commission is established and consists of two ex officio members, two advisory members and nine appointed members who are residents of this state, who have demonstrated an interest in natural resources and who are appointed as follows:
1. One person who represents a multi-county water conservation district established pursuant to title 48, chapter 22 and named by that district's governing board.
2. One person who represents a state association of natural resource conservation districts and who is appointed by the governor.
3. Four persons who represent natural resource conservation districts established pursuant to title 41, chapter 58, and who represent geographically diverse areas of this state, two of whom shall be are appointed by the president of the senate and two of whom are appointed by the speaker of the house of representatives.
4. One member of the public who has at least a bachelor's degree in hydrology, who represents a city that is served by the central Arizona project and who is appointed by the governor.
5. One person who is knowledgeable in natural resource conservation issues or in water resource issues related to riparian ecosystems, who represents an agricultural improvement district established pursuant to title 48, chapter 17 and who is appointed by the governor.
6. One person who represents an Indian tribe and who is appointed by the chairman of the inter tribal council of Arizona.
7. As nonvoting ex officio members, the director of the department of water resources and the state land commissioner.
8. As nonvoting advisory members, one member of the house of representatives who is appointed by the speaker of the house of representatives and one member of the senate who is appointed by the president of the senate. Advisory members may not be considered for purposes of establishing a quorum.
B. Members of the commission appointed pursuant to subsection A, paragraphs 1 through 6 of this section shall be appointed for staggered terms of three years. A member may serve more than one term and may continue to serve beyond the expiration of the term until a successor is appointed and assumes office.
C. On request, members who are not ex officio members of the commission are eligible to receive compensation pursuant to section 38-611, not to exceed $3,000 in any calendar year, and are eligible for reimbursement for expenses pursuant to title 38, chapter 4, article 2.
D. Members of the commission are immune from liability for any action necessary to carry out the purposes of this chapter. END_STATUTE
Sec. 9. Section 48-6203, Arizona Revised Statutes, is amended to read:
START_STATUTE48-6203. Board of directors
A. The district is governed by a board of directors consisting of the following members:
1. For a district that is formed by a city and a county, one member of the governing body of the city participating in establishing the district, elected by the governing body. If a county does not participate in establishing the district, the city shall elect two members of its governing body to be members of the board of directors of the district.
2. For a district that is formed by a city and a county, one member of the governing body of the county participating in establishing the district, elected by the governing body. If a city does not participate in establishing the district, the county shall elect two members of its governing body to be members of the board of directors of the district.
3. One member of the general public who resides in the city or county in which the district is located, who is appointed by the speaker of the house of representatives.
4. One member of the general public who resides in the city or county in which the district is located, who is appointed by the president of the senate.
B. Members of the board of directors who also serve on the governing body of a city or county establishing the district serve during their terms of office on the governing body of the city or county, unless a successor is earlier elected by the respective governing body to replace the member for any reason. Other members of the board of directors shall serve four-year terms.
C. Members are not eligible for compensation for service on the board of directors. END_STATUTE
Sec. 10. Section 48-6416, Arizona Revised Statutes, is amended to read:
START_STATUTE48-6416. Organizing board; upper San Pedro water district; membership; authority; formation election
A. The organizing board for the upper San Pedro water district is established consisting of the following persons:
1. Five members who are appointed by the governor and who are qualified electors of the proposed district, one of whom may represent a city that is located in the proposed district and that has a population of thirty-five thousand persons or more, one of whom may represent a city that is located in the proposed district and that has a population of less than thirty-five thousand persons, one of whom may represent a conservation organization that has been involved in the upper San Pedro partnership of agencies and entities that is recognized under federal law, one of whom may represent an investor-owned utility and one of whom may represent retired military personnel or a military support organization.
2. Two members appointed by the president of the senate and two members appointed by the speaker of the house of representatives. These members shall be qualified electors of the proposed district and shall have an interest in one or more of the communities in the proposed district and may include persons representing a city, town or county, a resource based business or a natural resource conservation district or other persons who have personal, business or professional interests in the district.
B. The organizing board of the district shall prepare and provide to the public the following:
1. A detailed plan of organization for the upper San Pedro water district.
2. A financial plan by which adequate revenues will be generated to support the district's activities. The organizing board of the district may recommend a rate of taxation to the elected board but the organizing board shall not set the rate of any tax.
3. A comprehensive plan for the conservation, reuse, recharge and augmentation of water in the district designed to achieve the goal of the district. The plan shall include measurable objectives to be met by the district not later than ten years after the district is established. The organizing board shall consult with the director of water resources when developing the plan.
4. An election plan for the district that includes an election for the formation of the district, an election for members of the board of directors of the district, if formation is approved, and approval of and authority for the district to generate revenue pursuant to section 48-6406. The election may be called by the county board of supervisors at the next regular general election or on a date prescribed in section 16-204 before or after the next general election date. The election plan shall include proposed ballot language that is sufficiently detailed to inform the voters of the powers and duties of the proposed district board of directors, including the organization of the district, the water management goal and the revenue generating authority of the proposed district.
C. The organizing board of the district shall cooperate with other government entities and agencies in the area of the proposed district, including the department, and may enter into intergovernmental agreements with those entities before and without regard to formation of any district, but the organizing board may not legally or financially bind the district.
D. The organizing board of the district is a public body that is subject to title 38, chapter 3, article 3.1 relating to open meetings.
E. If the district is established, the organizing board of the district shall serve until an elected board of directors is qualified and begins serving, but the organizing board may not assess, levy or collect a tax.
F. The county attorney for the county may advise or represent the organizing board on matters within the board's authority under this chapter if the county attorney determines that the advice or representation is appropriate and not in conflict with the county attorney's duties under section 11-532.
G. If the district is not established within five years after the effective date of this section, the authority of the organizing board is terminated and any intergovernmental agreements executed by the organizing board are terminated. END_STATUTE
Sec. 11. Section 49-456, Arizona Revised Statutes, is amended to read:
START_STATUTE49-456. Technical assistance for small business; compliance advisory panel
A. After reasonable notice and a public hearing, the director shall submit to the administrator a plan establishing a small business stationary source technical and compliance assistance program consistent with and equivalent to the plan required under section 507 of the clean air act.
B. A compliance advisory panel is established consisting of seven members who are appointed for staggered five-year terms as follows:
1. Two members who are appointed by the governor to represent the general public and who are not owners or representatives of owners of small business stationary sources.
2. Two members who are appointed by the speaker of the house of representatives and who are owners or who represent owners of small business stationary sources.
3. Two members who are appointed by the president of the senate and who are owners or who represent owners of small business stationary sources.
4. One member who is appointed by the director of the department of environmental quality to represent the department.
C. The panel shall:
1. Advise the director on the effectiveness of the small business stationary source technical and environmental compliance assistance program operated pursuant to this section and any such program operated by a county, including the identification of difficulties encountered and the degree and severity of enforcement.
2. Make periodic reports to the director and administrator concerning the compliance of the small business stationary source technical and environmental compliance assistance program operated pursuant to this section and any such program operated by a county with the requirements of the paperwork reduction act (P.L. 96-511; 20 United States Code section 1221), the regulatory flexibility act (P.L. 96-354; 5 United States Code section 601) and the equal access to justice act (P.L. 96-481; 5 United States Code section 504).
3. Review information developed by the department and any county for small business stationary sources to assure that the information is understandable by the general public and advise the director of its findings.
4. Have staff from the small business stationary source technical and environmental compliance assistance program to develop and disseminate reports and advisory opinions. END_STATUTE