3-913. Fiscal provisions; fees; Arizona protected native plant trust fund

A. The department shall collect nonrefundable fees for issuing permits, tags, seals and receipts under this article, except for scientific purposes, from landowners moving protected plants from one of their properties to another, or from the independent owner of residential property of ten acres or less if no such plants are to be offered for sale.

B. The director shall establish the amount of the fee by rule to reasonably reflect the cost to the department for administering this chapter or to reflect the value of the service, permit, tag, seal or receipt, including at least the following amounts:

1. For cereus giganteus (saguaro), at least three dollars for each plant.

2. For native plants that the director determines to be useful for revegetation and that cannot be salvaged economically at a higher fee, at least twenty-five cents per plant.

3. For all other native plants, at least two dollars for each plant.

4. For all receipts for live harvest restricted native plants cut or removed for wood, at least one dollar per cord.

5. For a permit for the by-products or fiber of harvest restricted native plants, at least one dollar per ton.

C. The Arizona protected native plant trust fund is established for the exclusive purpose of implementing, continuing and supporting the program established by this chapter. All fees and other monies collected under this chapter except civil penalties assessed pursuant to section 3-933 or 3-934 shall be deposited in the trust fund. The director shall administer the trust fund as trustee. The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, which are considered to be trust monies as defined in section 35-310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. On notice from the director, the state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35-313 and 35-314.03 and monies earned from investment shall be credited to the trust fund. The beneficiary of the trust is the program established by this chapter. The trust fund shall be used exclusively for the purposes of this chapter on the order of the director. Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year, do not revert to the state general fund.