A.R.S. § 41-1834 — Arizona Code / Title 41 / Chapter 12.1 / Article 1 / Section 1834
41-1834 Authority for operation of air and other ambulance service; contract for aircraft service; precluded uses
Status: in_force

41-1834. Authority for operation of air and other ambulance service; contract for aircraft service; precluded uses

A. For the primary purpose of providing the most timely, efficient and comprehensive emergency medical services possible, the director may, subject to the availability of funds, purchase, equip, staff and be responsible for maintaining aircraft, including helicopters, or may lease or contract for such equipment and services. Aircraft and helicopters shall also be used in law enforcement activities. The aircraft provided by this section may be made available for emergency medical services at any time there is a medical emergency requiring the use of evacuation aircraft, as determined by a law enforcement agency or a physician. Emergency medical air evacuation shall normally take precedence over routine law enforcement missions. The director shall make the final decision relative to such aircraft utilization.

B. Each medical evacuation aircraft or helicopter shall be capable of carrying two litter patients and one paramedic in addition to the ambulance pilot.

C. The director may contract with a private firm, a corporation or an individual for the maintenance of the aircraft, including helicopters.

D. The director may enter into contracts with private firms or individuals for emergency surface or air ambulance services when no other such services are readily available or when deemed to be in the best interests of the state.

E. Medical evacuation aircraft, including helicopters, operated by the department shall not be used to provide transportation for officials of the state or any of its political subdivisions. This does not preclude the use of medical evacuation aircraft by such officials when required in the course of a law enforcement function or emergency or when such official is the victim of an emergency medical situation.

F. Notwithstanding subsection E, the director may enter into interagency service agreements with other state agencies for the use of helicopters and other aircraft that the department will operate to provide aviation services on an availability basis when the department deems that these services are in the best interests of this state. These services may be in addition to the services the department provides pursuant to this chapter but shall not preclude the delivery of emergency evacuation services provided for under this chapter. The amount of monies collected from state agencies for aviation services shall not exceed the operational costs of the aircraft.
A.R.S. § 41-511.18 — Arizona Code / Title 41 / Chapter 3 / Article 1.1 / Section 511.18
41-511.18 Spur Cross Ranch state park
Status: in_force

41-511.18. Spur Cross Ranch state park

A. The Arizona state parks board shall establish Spur Cross Ranch state park subject to the following conditions:

1. A purchase and sale agreement shall be executed between the Arizona state parks board and at least one owner of Spur Cross Ranch as described in subsection D of this section. The purchase and sale agreement shall be for property that is suitable for a state park consistent with the mission of the Arizona state parks board. The purchase and sale agreement shall be based on an appraisal made by an appraiser who is certified by a nationally recognized appraisal organization. The purchase and sale agreement shall be for a price no greater than the appraised value, but can and may be for a price less than the appraised value.

2. An intergovernmental agreement shall be executed between the Arizona state parks board and a county with a population of more than one million two hundred thousand persons according to the most recent United States decennial census. That county shall provide half of the purchase price of the portion of Spur Cross Ranch as determined in the purchase and sale agreement between the Arizona state parks board and at least one owner of Spur Cross Ranch.

3. An intergovernmental agreement shall be executed between the Arizona state parks board and a county with a population of more than one million two hundred thousand persons according to the most recent United States decennial census or with cities or towns or with both and that specifies the obligations of the parties to manage and operate Spur Cross Ranch state park.

B. If funding is provided for the acquisition of Spur Cross Ranch other than from sources administered by an agency of this state or a county with a population of more than one million two hundred thousand persons according to the most recent United States decennial census, the obligation of this state and that county is reduced proportionately by the amount of other funding sources. The use of federal monies for any portion of the costs of acquisition of the Spur Cross Ranch shall not affect this state's jurisdiction over the acquisition, operation or maintenance of the Spur Cross Ranch as a state park.

C. The Arizona state parks board may accept gifts and donations toward the acquisition, management and operation of Spur Cross Ranch state park.  Any gifts and donations collected shall be deposited in the state parks donations fund established by section 41-511.11 and accounted for separately. The Arizona state parks board shall ensure public access to the Spur Cross Ranch state park.

D. Spur Cross Ranch state park consists of all or part of the following described property:

1. Lots 3, 4, 5 and 6; the south half of the northwest quarter; the northwest quarter of the southwest quarter; and the southeast quarter of the northeast quarter, all lying in and being a part of section 4, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona.

2. All of section 5, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona; except the southeast quarter of the southeast quarter of section 5.

3. All of section 6, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona.

4. The southwest quarter of the southwest quarter of section 4, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona.

5. The southeast quarter of the southeast quarter of section 5, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona.

6. The northeast quarter of the northeast quarter of section 8, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona.

7. The northwest quarter of the northwest quarter of section 9, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona.

8. Lots 1 and 2; and the southwest quarter of the northeast quarter, all lying in and being a part of section 4, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona.

9. The north half of the north half of section 7, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona.

10. The south half of the southeast quarter of section 7, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona.

11. The south half of the northeast quarter of section 8, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona.

12. The Catherine lode mining claim, designated by the surveyor general as survey number 4096 embracing a portion of section 4, township 6 north, range 4 east of the Gila and salt river base and meridian, Maricopa county, Arizona, in the cave creek mining district, as conveyed and more particularly described in patent recorded in book 248 of deeds, page 400.

13. The Columbian lode mining claim, designated by the surveyor general as survey number 2685, embracing a portion of the unsurveyed domain in the cave creek mining district, as conveyed and more particularly described in patent recorded in book 99 of deeds, page 10.

14. The Mashackety lode mining claim, designated by the surveyor general as survey number 2685, embracing a portion of the unsurveyed domain in the Cave Creek mining district, as conveyed and more particularly described in patent recorded in book 99 of deeds, page 10.

15. The Mashackety number 1 lode mining claim, designated by the surveyor general as survey number 2685, embracing a portion of the unsurveyed domain in the Cave Creek mining district, as conveyed and more particularly described in patent recorded in book 99 of deeds, page 10.
A.R.S. § 41-1609.03 — Arizona Code / Title 41 / Chapter 11 / Article 1 / Section 1609.03
41-1609.03 Adult incarceration private contractors; liability for services
Status: in_force

41-1609.03. Adult incarceration private contractors; liability for services

A private contractor that contracts with any governmental entity to provide detention or incarceration services for offenders shall be liable for the cost of any emergency, public safety or security services provided to the contractor by the state or any political subdivision of the state and shall reimburse the state or any political subdivision of the state for the cost of any such services.
A.R.S. § 41-2550 — Arizona Code / Title 41 / Chapter 23 / Article 3 / Section 2550
41-2550 Retention of procurement records
Status: in_force

41-2550. Retention of procurement records

All procurement records shall be retained and disposed of in accordance with records retention guidelines and schedules approved by the Arizona state library, archives and public records.
A.R.S. § 41-712 — Arizona Code / Title 41 / Chapter 4 / Article 2 / Section 712
41-712 Telecommunications program office; state contractor; cost of operation; employees; report; exception
Status: in_force

41-712. Telecommunications program office; state contractor; cost of operation; employees; report; exception

A. The director shall establish a telecommunications program office within the department to enter into a primary contract with a corporation authorized to do business in this state for the contractor to provide for the installation and maintenance of telecommunication systems and to act as the state's agent for telecommunication carrier services to the offices, departments and agencies of this state.  Each office, department and agency of this state shall contract with the primary contractor through the telecommunications program office and make payment to the primary contractor for its telecommunications needs.

B. With the approval of the director, the telecommunications program office may enter into more than one contract for each statewide telecommunications product or service not provided by the primary contractor.

C. The director shall pay administrative costs of the telecommunications program office, and each office, department or other state agency shall pay from available monies the proportionate cost of administration of the office as determined by the director.  In carrying out this subsection, the director shall only employ those contract managers, telephone operators, help desk personnel and forensic investigators required to oversee the primary contract and administer efficiently the telecommunications program office.

D. The department shall prepare and submit an annual consolidated telecommunications budget report to the joint legislative budget committee in connection with its annual budget request showing the previous fiscal year's actual payments and the next fiscal year's anticipated payments charged and received by the primary contractor from state offices, departments and agencies for telecommunications services.

E. All procurement pursuant to this section shall be as prescribed in chapter 23 of this title unless otherwise provided by law.

F. Any contract involving the use of a state highway right-of-way is subject to approval pursuant to sections 28-304, 28-363, 28-7045, 28-7048 and 28-7209.

G. This section does not apply to the cotton research and protection council established by section 3-1082.
A.R.S. § 41-255 — Arizona Code / Title 41 / Chapter 2 / Article 1 / Section 255
41-255 Identification of individual
Status: in_force

41-255. Identification of individual

A. A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the notarial officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.

B. A notarial officer has satisfactory evidence of the identity of an individual appearing before the notarial officer if the officer can identify the individual:

1. By means of:

(a) An unexpired United States passport or a state-issued driver license or nonoperating identification license.

(b) An unexpired identification card issued by any branch of the United States armed forces.

(c) Another form of unexpired government identification issued by the United States, a state or a tribal government to an individual that contains the signature or a photograph and physical description of the individual and that is satisfactory to the notarial officer.

(d) An inmate identification card issued by the state department of corrections or federal bureau of prisons, if the inmate is in state or federal custody.

(e) An inmate identification card issued by a county sheriff, if the inmate is in the custody of the county sheriff.

2. By verification on oath or affirmation of a credible witness personally appearing before the notarial officer and known to the notarial officer or whom the notarial officer can identify on the basis of satisfactory evidence of identity pursuant to paragraph 1 of this subsection.

C. In addition to subsection B of this section, for the purposes of a real estate conveyance or financing, a notarial officer has satisfactory evidence of the identity of an individual appearing before the notarial officer if the notarial officer can identify the individual by means of either of the following:

1. An unexpired passport issued by a national government other than the United States government that is accompanied by an unexpired visa or other documentation issued by the United States government and that is necessary to establish the individual's legal presence in the United States.

2. An unexpired identification card that is deemed acceptable by the United States department of homeland security to establish the individual's legal presence in the United States and that is accompanied by supporting documents as required by the United States department of homeland security.

D. A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the notarial officer of the individual's identity.
A.R.S. § 41-1026.01 — Arizona Code / Title 41 / Chapter 6 / Article 3 / Section 1026.01
41-1026.01 Emergency adoption, amendment or termination of delegation agreements; definition
Status: in_force

41-1026.01. Emergency adoption, amendment or termination of delegation agreements; definition

A. If a delegating agency makes a written finding that a delegation agreement is necessary as an emergency measure, the delegation agreement may be adopted, amended or terminated as an emergency measure, without complying with the public notice and participation provisions of this article. An agency may not adopt, amend or terminate a delegation agreement as an emergency measure if the emergency situation is created due to the agency's delay or inaction and the emergency situation could have been averted by timely compliance with the public notice and participation provisions of this article, unless the agency can present substantial evidence that failure to adopt, amend or terminate the delegation agreement as an emergency measure will result in imminent substantial peril to the public health, safety or welfare.

B. The agency shall file with the secretary of state a summary of the emergency delegation agreement. The summary shall provide the name of the person to contact in the agency with questions or comments. The secretary of state shall publish the summary in the next register.

C. The delegation agreement adopted, amended or terminated pursuant to this section is valid for one hundred eighty days after the filing of the agreement with the secretary of state and may be renewed for one or two more one hundred eighty day periods if all of the following occur:

1. The agency determines that the emergency situation still exists for each renewal.

2. The agency follows the procedures prescribed by this section for each renewal.

3. The agency has begun the public comment and participation process required by this section.

4. The agency makes a finding for an extension of time before the expiration of the preceding one hundred and eighty day period.

5. The agency files notice of the renewal with the secretary of state and notice is published in the register.

D. For purposes of this section, "emergency" means a situation which warrants the adoption of a delegation agreement without compliance with the public notice and participation provisions prescribed in this article because the adoption, amendment or termination of the delegation agreement is necessary for immediate preservation of the public health, safety or welfare, and the public notice and participation requirements of this article are impracticable.
A.R.S. § 41-191.08 — Arizona Code / Title 41 / Chapter 1 / Article 5 / Section 191.08
41-191.08 Victims' rights fund; use; reporting requirements; exemption from lapsing
Status: in_force

41-191.08. Victims' rights fund; use; reporting requirements; exemption from lapsing

A. The victims' rights fund is established consisting of monies deposited pursuant to section 12-116.08 and legislative appropriations.  Monies in the fund are subject to legislative appropriation. Monies from state general fund appropriations shall be deposited in the victims' rights fund and are not subject to further appropriation. Monies from state general fund appropriations are available for use on deposit in the victims' rights fund. The attorney general shall administer the fund. The attorney general shall use fund monies for the purpose of operating, improving, maintaining and enhancing the victims' rights program established pursuant to section 41-191.06.

B. Each fiscal year the attorney general may spend twelve percent of the total victims' rights fund appropriation and state general fund deposits for the purpose of performing duties mandated by title 13, chapter 40, including the costs of administering the victims' rights program under section 41-191.06.

C. Except as provided in subsections D, G and H of this section, each fiscal year the attorney general shall disburse eighty-eight percent of the total victims' rights fund appropriation and state general fund deposits to state and local entities that have previously qualified under this subsection or have demonstrated a history of need and performance according to criteria established by the attorney general. Each entity that qualifies to receive monies pursuant to this subsection shall receive monies in a percentage that is proportional to that entity's percentage of the total fund monies disbursed to all qualifying entities in the prior fiscal year. The attorney general is not a qualifying entity under this subsection.

D. Except as provided in subsections G and H of this section, each fiscal year the attorney general may disburse victims' rights fund monies to entities that do not qualify under subsection C of this section, that are financially impacted by title 8, chapter 3, article 7 or title 13, chapter 40 and that submit an implementation plan and funding request to the attorney general pursuant to guidelines adopted by the attorney general.  The attorney general shall establish procedures to assess the financial impact on and the need of these entities. The attorney general shall disburse monies based on the information that is derived from the assessment. On an annual basis, as new or additional entities receive monies pursuant to this subsection, the attorney general shall proportionally adjust the percentage share disbursed to each entity pursuant to subsection C of this section.

E. Monies in the victims' rights fund shall be used to supplement, not supplant, monies that would otherwise be made available to state and local entities for funding victims' rights services and assistance.

F. Each entity that receives funding pursuant to this section shall submit an annual report to the attorney general that identifies all sources and amounts of monies that are spent for the purposes of implementing and complying with victims' rights. The report shall detail:

1. The expenditure of the monies that are awarded under the victims' rights program pursuant to section 41-191.06.

2. The number of instances in which the entity performed mandated victims' rights duties or services.

3. The level of victim satisfaction with the services.

G. Each fiscal year the attorney general shall review and evaluate the entities that receive funding pursuant to this section. The attorney general may adjust funding levels, redistribute monies or deny continued funding to an entity that fails to effectively implement or comply with victims' rights mandates.

H. Supplemental fund monies appropriated to the attorney general to expand victims' rights training and to expand the reporting of victims' feedback on services provided shall be expended according to a plan and procedures adopted by the attorney general. The attorney general shall spend the monies appropriated for costs to develop, provide, sponsor or support programs that expand the delivery and improve the quality of mandated services to victims of crime by law enforcement, prosecutorial and correctional agencies and courts.

I. The attorney general shall submit an annual report to the governor, the president of the senate and the speaker of the house of representatives that details the status of the victims' rights program under section 41-191.06, the attorney general's compliance with the program, including the level of service, and the expenditure of all monies that are appropriated for the purpose of victims' rights.

J. Monies in the victims' rights fund are exempt from the lapsing provisions of section 35-190.
A.R.S. § 41-1373 — Arizona Code / Title 41 / Chapter 8 / Article 5 / Section 1373
41-1373 Ombudsman-citizens aide selection committee
Status: in_force

41-1373. 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 shall be from each political party.

2. Two members of the house of representatives appointed by the speaker of the house of representatives. One member shall be from each political party.

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 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 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.
A.R.S. § 41-1622 — Arizona Code / Title 41 / Chapter 11 / Article 3 / Section 1622
41-1622 Arizona correctional industries; establishment; purpose
Status: in_force

41-1622. Arizona correctional industries; establishment; purpose

A. Arizona correctional industries may purchase raw materials, components and supplies for use in the manufacture of products for sale or provide services. In support of its retail operation, Arizona correctional industries may purchase or consign items for sale to the public that are produced by other state correctional industries or by inmates who are incarcerated in facilities that are located in this state but that are outside the custodial responsibility of the state department of corrections.

B. Arizona correctional industries shall pay all obligations in accordance with section 41-1624 at any location under the control of Arizona correctional industries. The industries or enterprises shall be conducted for the employment of prisoners for the purposes of manufacturing or producing such articles or products or providing services as may be needed for the construction, operation, maintenance or use of any office, department, institution or agency supported in whole or in part by a state or its political subdivisions or for sale to the public.
A.R.S. § 41-846 — Arizona Code / Title 41 / Chapter 4.1 / Article 4 / Section 846
41-846 Violation; classification
Status: in_force

41-846. Violation; classification

Except as otherwise provided in section 13-3702.01, any person, institution or corporation violating any provision of this article is guilty of a class 2 misdemeanor and shall forfeit to the Arizona state museum all articles and material discovered, collected, excavated or offered for sale or exchange, together with all photographs and records relating to such objects.
A.R.S. § 41-608.03 — Arizona Code / Title 41 / Chapter 3 / Article 7 / Section 608.03
41-608.03 Arizona state veterans' cemetery trust fund; donations; purpose
Status: in_force

41-608.03. Arizona state veterans' cemetery trust fund; donations; purpose

A. The Arizona state veterans' cemetery trust fund is established consisting of monies, grants, gifts and contributions donated to the fund from any public or private source. The director shall hold the monies in trust to manage and maintain the southern Arizona veterans' cemetery, the Arizona veterans' memorial cemetery at Camp Navajo and the Arizona veterans' memorial cemetery at Marana.

B. The director shall deposit the donations to the fund, pursuant to sections 35-146 and 35-147, in the fund.

C. Monies in the fund are:

1. Subject to state auditing procedures.

2. Continuously appropriated.

3. Exempt from the provisions of section 35-190 relating to lapsing of appropriations.

D. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313. The state treasurer shall credit to the fund monies earned from the investments.
A.R.S. § 41-1092.05 — Arizona Code / Title 41 / Chapter 6 / Article 10 / Section 1092.05
41-1092.05 Scheduling of hearings; prehearing conferences
Status: in_force

41-1092.05. Scheduling of hearings; prehearing conferences

A. Except as provided in subsections B and C, hearings for:

1. Appealable agency actions shall be held within sixty days after the notice of appeal is filed.

2. Contested cases shall be held within sixty days after the agency's request for a hearing.

B. Hearings for appealable agency actions of or contested cases with self-supporting regulatory boards that meet quarterly or less frequently shall be held at the next meeting of the board after the board receives the written decision of an administrative law judge or the issuance of the notice of hearing, except that:

1. If the decision of the administrative law judge is received or the notice of hearing is issued within thirty days before the board meets, the hearing shall be held at the following meeting of the board.

2. If good cause is shown, the hearing may be held at a later meeting of the board.

C. The date scheduled for the hearing may be advanced or delayed on the agreement of the parties or on a showing of good cause.

D. The agency shall prepare and serve a notice of hearing on all parties to the appeal or contested case at least thirty days before the hearing. The notice shall include:

1. A statement of the time, place and nature of the hearing.

2. A statement of the legal authority and jurisdiction under which the hearing is to be held.

3. A reference to the particular sections of the statutes and rules involved.

4. A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. After the initial notice and on application, a more definite and detailed statement shall be furnished.

E. Notwithstanding subsection D, a hearing shall be expedited as provided by law or upon a showing of extraordinary circumstances or the possibility of irreparable harm if the parties to the appeal or contested case have actual notice of the hearing date. Any party to the appeal or contested case may file a motion with the director asserting the party's right to an expedited hearing. The right to an expedited hearing shall be listed on any abatement order. The Arizona health care cost containment system administration may file a motion with every member grievance and eligibility appeal that cites federal law and that requests that a hearing be set within thirty days after the motion is filed.

F. Prehearing conferences may be held to:

1. Clarify or limit procedural, legal or factual issues.

2. Consider amendments to any pleadings.

3. Identify and exchange lists of witnesses and exhibits intended to be introduced at the hearing.

4. Obtain stipulations or rulings regarding testimony, exhibits, facts or law.

5. Schedule deadlines, hearing dates and locations if not previously set.

6. Allow the parties opportunity to discuss settlement.
A.R.S. § 41-1742 — Arizona Code / Title 41 / Chapter 12 / Article 3 / Section 1742
41-1742 Powers of the division
Status: in_force

41-1742. Powers of the division

A. The highway patrol division superintendent may:

1. Adopt rules and regulations governing the policy, procedure and administration of all activities of the patrol.

2. Provide for training the patrolmen.

3. Cause signs to be erected and maintained as are necessary to give notice of any special restrictions.

4. Cooperate with the department of transportation and the Arizona department of agriculture in the enforcement of laws relating to motor vehicles.

B. The director of the department of transportation may grant authority to the highway patrol division superintendent to fix temporary speed limits or apply other temporary restrictions when emergency conditions exist. The director of the department of transportation may fix such speed limits, or apply such restrictions when congested traffic or other conditions require restrictions for public safety.

C. The division shall issue to each member of the patrol a badge of authority, with the words "Arizona highway patrol" encircling the badge, the seal of the state in the center thereof and with the designation of the office or rank of the holder below.
A.R.S. § 41-165 — Arizona Code / Title 41 / Chapter 1 / Article 3 / Section 165
41-165 Disclosure of actual address prohibited; violation; classification
Status: in_force

41-165. Disclosure of actual address prohibited; violation; classification

A. The secretary of state shall not disclose any address or telephone number of a program participant other than the substitute address designated by the secretary of state, except under any of the following circumstances:

1. The information is required by direction of a court order, except that any person to whom a program participant's address or telephone number has been disclosed shall not disclose the address or telephone number to any other person unless permitted to do so by order of the court or as otherwise provided by law.

2. The secretary of state grants a request by a state or local government entity pursuant to section 41-167, subsection D.

B. The secretary of state shall provide immediate notification of disclosure to a program participant if disclosure is made pursuant to subsection A of this section.

C. If, at the time of application, an applicant or an individual identified pursuant to section 41-163, subsection C, paragraph 10 is subject to a court order related to dissolution of marriage proceedings, child support or the allocation of parental responsibilities or parenting time, the secretary of state shall notify the court that issued the order of the certification of the program participant in the address confidentiality program and the substitute address designated by the secretary of state.  If, at the time of application, an applicant or an individual identified pursuant to section 41-163, subsection C, paragraph 10 is involved in a court action related to dissolution of marriage proceedings, child support or the allocation of parental responsibilities or parenting time, the secretary of state shall notify the court having jurisdiction over the action of the certification of the applicant in the address confidentiality program and the substitute address designated by the secretary of state.

D. A person shall not intentionally or knowingly obtain a program participant's actual address or telephone number from the secretary of state or a state or local government entity knowing that the person is not authorized to obtain the address information.

E. An employee of the secretary of state or a state or local government entity shall not intentionally or knowingly disclose a program participant's actual address or telephone number unless the disclosure is permissible by law.  This subsection only applies if an employee obtains a program participant's actual address or telephone number during the course of the employee's official duties and, at the time of disclosure, the employee has specific knowledge that the actual address or telephone number disclosed belongs to a program participant.

F. Any person who intentionally or knowingly obtains or discloses information in violation of this section is guilty of a class 1 misdemeanor.
A.R.S. § 41-1093.08 — Arizona Code / Title 41 / Chapter 6 / Article 11 / Section 1093.08
41-1093.08 Occupational or professional licensing boards; health profession regulatory boards; denial, suspension or revocation; prior criminal offense; review; procedures; notice; definitions
Status: in_force

41-1093.08. Occupational or professional licensing boards; health profession regulatory boards; denial, suspension or revocation; prior criminal offense; review; procedures; notice; definitions

A. Notwithstanding any other law, an occupational or professional licensing board or health profession regulatory board may not deny, suspend or revoke a license, registration or certificate for an applicant's, licensee's, registrant's or certificate holder's prior criminal offense unless either:

1. The offense is substantially related to the occupation.

2. Approving or not imposing disciplinary action against the license, registration or certificate would pose a reasonable threat to public health and safety.

B. In addition to other available remedies, an applicant, licensee, registrant or certificate holder may petition the office of administrative hearings to request a review of a denial, suspension or revocation of a license, registration or certificate for a prior criminal offense. A petition submitted pursuant to this subsection may not be more than five double-spaced pages. Review hearings shall be confidential and conducted in an informal manner. Article 10 of this chapter does not apply to reviews requested pursuant to this subsection.

C. On receipt of a properly submitted petition pursuant to subsection B of this section, the office of administrative hearings shall review the denial, suspension or revocation and determine whether the offense is substantially related to the applicant's, licensee's, registrant's or certificate holder's occupation or if approving or not imposing a disciplinary action against the license, registration or certificate would pose a reasonable threat to public health and safety. Questions from the office of administrative hearings shall be limited to only matters specified in the petition.

D. Each occupational or professional licensing board or health profession regulatory board shall post prominently on the board's website and on each license, registration or certificate denial a notice of an individual's right to petition the office of administrative hearings for review pursuant to this section.

E. This section does not impact a person's right to petition an agency for a criminal record review pursuant to section 41-1093.04 or an agency's requirement to determine whether the person's criminal record disqualifies the person from obtaining a license, permit, certificate or other state recognition.

F. For the purposes of this section:

1. "Health profession regulatory board" has the same meaning prescribed in section 32-3201.

2. "Reasonable threat" means the criminal conduct the person was convicted of involved an act or threat of harm against another person and has a direct bearing on the person's ability to safely serve the public or work with others in the occupation.

3. "Substantially related" means has a direct bearing on the ability to perform any duties or responsibilities related to the occupation.
A.R.S. § 41-1095 — Arizona Code / Title 41 / Chapter 6.1 / Article 1 / Section 1095
41-1095 Review by agency; definitions
Status: repealed

41-1095. Review by agency; definitions

A. For an agency that the legislature has granted a one-time rulemaking exemption, within one year after a rule has been adopted the agency shall review the rule adopted under the rulemaking exemption to determine whether any rule adopted under the rulemaking exemption should be amended or repealed. The agency shall prepare and obtain council approval of a written report summarizing its findings, its supporting reasons and any proposed course of action. The report shall contain a certification that the agency is in compliance with section 41-1091. The report shall include a concise analysis of all of the following:

1. The rule's effectiveness in achieving its objectives, including a summary of any available data supporting the conclusions reached.

2. Written criticisms of the rule received since the rule was adopted, including any written analyses submitted to the agency questioning whether the rule is based on valid scientific or reliable principles or methods.

3. Authorization of the rule by existing statutes.

4. Whether the rule is consistent with statutes or other rules made by the agency and current agency enforcement policy.

5. The clarity, conciseness and understandability of the rule.

6. The estimated economic, small business and consumer impact of the rule.

7. Any analysis submitted to the agency by another person regarding the rule's impact on this state's business competitiveness as compared to the competitiveness of businesses in other states.

8. If applicable, that the agency completed any additional process required by law, including the requirement for the agency to publish otherwise exempt rules or provide the public with an opportunity to comment on the rules.

9. A determination that the probable benefits of the rule outweigh within this state the probable costs of the rule, and the rule imposes the least burden and costs to persons regulated by the rule, including paperwork and other compliance costs, necessary to achieve the underlying regulatory objective.

10. A determination that the rule is not more stringent than a corresponding federal law unless there is statutory authority to exceed the requirements of that federal law.

11. For rules that require the issuance of a regulatory permit, license or agency authorization, whether the rule complies with section 41-1037.

B. An agency may also include as part of the report the text of a proposed expedited rule pursuant to section 41-1027.

C. The council may require the agency to propose an amendment or repeal of the rule by a date not earlier than six months after the date of the meeting at which the council considers the agency's report on its rule if the council determines the agency's analysis under subsection A of this section demonstrates that the rule is materially flawed, including that the rule:

1. Is not authorized by statute.

2. Is inconsistent with other statutes, rules or agency enforcement policies and the inconsistency results in a significant burden on the regulated public.

3. Imposes probable costs, including costs to the regulated person, that significantly exceed the probable benefits of the rule within this state.

4. Is more stringent than a corresponding federal law and there is no statutory authority to exceed the requirements of federal law.

5. Is not clear, concise and understandable.

6. Does not use general permits if required under section 41-1037.

7. Does not impose the least burden to persons regulated by the rule as necessary to achieve the underlying regulatory objective of the rule.

8. Does not rely on valid scientific or reliable principles and methods, including a study, if the rule relies on scientific principles or methods, and a person has submitted an analysis under subsection A of this section questioning whether the rule is based on valid scientific or reliable principles or methods.  In making a determination of validity or reliability, the council shall consider the factors listed in section 41-1052, subsection G.

D. An agency may request an extension of not longer than six months from the date specified by the council pursuant to subsection C of this section by sending a written request to the council that:

1. Identifies the reason for the extension request.

2. Demonstrates good cause for the extension.

E. The agency shall notify the council of an amendment or repeal of a rule for which the council has set an expiration date under subsection C of this section.  If the agency does not amend or repeal the rule by the date specified by the council under subsection C of this section or the extended date under subsection D of this section, the rule automatically expires.  The council shall file a notice of rule expiration with the secretary of state and notify the agency of the expiration of the rule.

F. If an agency finds that it cannot provide the written report to the council by the date it is due, the agency may file an extension with the council before the due date indicating the reason for the extension. The timely filing for an extension permits the agency to submit its report on or before the date prescribed by the council.

G. If an agency fails to submit its report pursuant to subsection A of this section, or file an extension before the due date of the report or if it files an extension and does not submit its report within the extension period, the rule expires and the council shall:

1. Cause a notice to be published in the next register that states the rule has expired and is no longer enforceable.

2. Notify the secretary of state that the rule has expired and that the rule is to be removed from the code.

3. Notify the agency that the rule has expired and is no longer enforceable.

H. If a rule expires as provided in subsection G of this section and the agency wishes to reestablish the rule, the agency shall comply with the requirements of chapter 6 of this title.

I. At least ninety days before the due date of a report, the council shall send a written notice to the head of the agency whose report is due. The notice shall list the rule to be reviewed and the date the report is due.

J. For the purposes of this section, "agency", "council" and "rule" have the same meanings prescribed in section 41-1001.
A.R.S. § 41-1821 — Arizona Code / Title 41 / Chapter 12 / Article 8 / Section 1821
41-1821 Arizona peace officer standards and training board; membership; appointment; term; vacancies; meetings; compensation; acceptance of grants
Status: in_force

41-1821. Arizona peace officer standards and training board; membership; appointment; term; vacancies; meetings; compensation; acceptance of grants

A. The Arizona peace officer standards and training board is established and consists of thirteen members appointed by the governor.  The membership shall include:

1. Two sheriffs, one of whom is appointed from a county having a population of two hundred thousand or more persons and the remaining sheriff who is appointed from a county having a population of less than two hundred thousand persons.

2. Two chiefs of police, one of whom is appointed from a city or federally recognized Native American tribe having a population of sixty thousand or more persons and the remaining chief who is appointed from a city or federally recognized Native American tribe having a population of less than sixty thousand persons.

3. A college faculty member in public administration or a related field.

4. The attorney general.

5. The director of the department of public safety.

6. The director of the state department of corrections.

7. One member who is employed in administering county or municipal correctional facilities.

8. Two certified law enforcement officers who have knowledge of and experience in representing peace officers in disciplinary cases, neither of whom serves in a supervisory capacity and both of whom must be from different law enforcement agencies. One of the appointed officers must be from a county with a population of less than five hundred thousand persons.

9. Two public members.

B. Before appointment by the governor, a prospective member of the board 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.

C. The governor shall appoint a chairman from among the members at its first meeting and every year thereafter, except that an ex officio member shall not be appointed chairman. The governor shall not appoint more than one member from the same law enforcement agency. No board member who was qualified when appointed becomes disqualified unless the member ceases to hold the office that qualified the member for appointment.

D. Meetings shall be held at least quarterly or on the call of the chairman or by the written request of five members of the board or by the governor. A vacancy on the board shall occur when a member except an ex officio member is absent without the permission of the chairman from three consecutive meetings. The governor may remove a member except an ex officio member for cause.

E. The term of each regular member is three years unless a member vacates the public office that qualified the member for this appointment.

F. The board members are not eligible to receive per diem but are eligible to receive reimbursement for travel expenses pursuant to title 38, chapter 4, article 2.

G. On behalf of the board, the executive director may seek and accept contributions, grants, gifts, donations, services or other financial assistance from any individual, association, corporation or other organization having an interest in police training, and from the United States of America and any of its agencies or instrumentalities, corporate or otherwise. Only the executive director of the board may seek monies pursuant to this subsection. Such monies shall be deposited in the fund created by section 41-1825.

H. Membership on the board shall not constitute the holding of an office, and members of the board shall not be required to take and file oaths of office before serving on the board. No member of the board shall be disqualified from holding any public office or employment nor shall such member forfeit any such office or employment by reason of such member's appointment, notwithstanding the provisions of any general, special or local law, ordinance or city charter.
A.R.S. § 41-1077 — Arizona Code / Title 41 / Chapter 6 / Article 7.1 / Section 1077
41-1077 Consequence for agency failure to comply with overall time frame; refund; penalty
Status: in_force

41-1077. Consequence for agency failure to comply with overall time frame; refund; penalty

A. If an agency does not issue to an applicant the written notice granting or denying a license within the overall time frame or within the time frame extension pursuant to section 41-1075, the agency shall refund to the applicant all fees charged for reviewing and acting on the application for the license and shall excuse payment of any such fees that have not yet been paid. The agency shall not require an applicant to submit an application for a refund pursuant to this subsection. The refund shall be made within thirty days after the expiration of the overall time frame or the time frame extension.  The agency shall continue to process the application subject to subsection B of this section. Notwithstanding any other statute, the agency shall make the refund from the fund in which the application fees were originally deposited.  This section applies only to license applications that were subject to substantive review.

B. Except for license applications that were not subject to substantive review, the agency shall pay a penalty to the state general fund for each month after the expiration of the overall time frame or the time frame extension until the agency issues written notice to the applicant granting or denying the license.  The agency shall pay the penalty from the agency fund in which the application fees were originally deposited. The penalty shall be two and one-half per cent of the total fees received by the agency for reviewing and acting on the application for each license that the agency has not granted or denied on the last day of each month after the expiration of the overall time frame or time frame extension for that license.
A.R.S. § 41-191.07 — Arizona Code / Title 41 / Chapter 1 / Article 5 / Section 191.07
41-191.07 Street gang enforcement revolving fund; use; exemption from lapsing
Status: in_force

41-191.07. Street gang enforcement revolving fund; use; exemption from lapsing

A. A street gang enforcement revolving fund is established consisting of monies appropriated to the fund for the purpose of funding gang prevention programs, training prosecutors and law enforcement personnel in the area of street gang prosecution and enforcement and investigating and prosecuting any offense that is concurrently charged or investigated with any offense relating to criminal street gangs. The Arizona criminal justice commission shall administer the fund under the conditions and for the purposes provided in this section. Monies in the fund are subject to legislative appropriation.

B. Monies in the fund are exempt from lapsing pursuant to section 35-190.

C. Twenty-five per cent of the fund monies shall be distributed to the attorney general and seventy-five per cent of the fund monies shall be distributed to the county attorneys.

D. Fund monies shall be used either to provide personnel or for the training of prosecutors and law enforcement personnel in the area of street gang enforcement and prosecution or for the investigation and prosecution of any offense described in this section.
A.R.S. § 41-2402 — Arizona Code / Title 41 / Chapter 21 / Article 1 / Section 2402
41-2402 Drug and gang enforcement fund; resource center fund; uses
Status: in_force

41-2402. Drug and gang enforcement fund; resource center fund; uses

A. The drug and gang enforcement fund is established and consists of monies appropriated by the legislature and any other monies available from other sources, public or private.  Monies in the fund shall be used to enhance efforts to deter, investigate, prosecute, adjudicate and punish drug offenders and members of criminal street gangs as defined in section 13-105. The Arizona criminal justice commission shall administer the fund.

B. The Arizona criminal justice commission shall distribute monies from the drug and gang enforcement fund in the following manner:

1. Up to fifty percent to fund law enforcement agencies approved by the commission to enhance both:

(a) The investigation of drug and gang offenses and related criminal activity.

(b) Drug and gang education and prevention programs.

2. Up to fifty percent to fund programs and agencies approved by the commission to enhance the state, county, city or town prosecution of drug and gang offenses and related criminal activity.

3. Up to thirty percent to fund programs and agencies approved by the commission for the purpose of enhancing the ability of the courts to process drug and gang offenses and related criminal cases, either through the appointment of judges pro tempore or the establishment of additional divisions of the courts only for the purposes of this section, enhancing defense and probation services, including treatment, and funding the drug testing program.

4. Up to thirty percent to fund programs by county sheriffs and the state department of corrections, as approved by the commission, to enhance drug offender treatment programs and the jail operations and facilities available to detain and incarcerate drug offenders and members of criminal street gangs as defined in section 13-105.

5. Up to thirty percent to fund programs and agencies, as approved by the commission, to enhance the integration of criminal justice records relating to drug and gang offenders and their related criminal activity.

C. Any state agency that receives monies allocated from the drug and gang enforcement fund shall not include the monies as part of the state agency's continuation budget base for the purpose of requesting appropriations for the following fiscal year.

D. All the monies allocated from the drug and gang enforcement fund shall be dedicated solely to the purpose of enhancing efforts to deter, investigate, prosecute, adjudicate and punish drug and gang and related criminal offenders, except those monies allocated pursuant to subsection G of this section.

E. Notwithstanding the limitations prescribed in subsection B of this section, any federal monies or matching state monies in the drug and gang enforcement fund may only be allocated by the commission pursuant to a plan approved by the federal government.

F. The auditor general shall annually perform a full and complete audit of the drug and gang enforcement fund or the commission shall annually contract with an accounting firm to perform the audit and deliver a report to the governor and the legislature. The audit shall be charged to the drug and gang enforcement fund.

G. The resource center fund is established consisting of monies received pursuant to section 12-284.03, subsection A, paragraph 1 and section 41-178 and all monies received from public or private gifts, grants or other sources, excluding federal monies and monies to be passed through to other entities, to be used solely for funding the Arizona youth survey and Arizona statistical analysis center. The Arizona criminal justice commission shall administer the fund.  Monies in the fund are subject to legislative appropriation.  Any monies unexpended or unencumbered on June 30 of each year shall not be subsequently expended or encumbered unless reappropriated.  Monies in the drug and gang enforcement fund shall not be used to fund the Arizona youth survey.
A.R.S. § 41-276 — Arizona Code / Title 41 / Chapter 2 / Article 1 / Section 276
41-276 Notary public commission in effect; authorization to perform electronic and remote online notarizations in effect
Status: in_force

41-276. Notary public commission in effect; authorization to perform electronic and remote online notarizations in effect

A. A commission as a notary public in effect on July 1, 2022 continues until its date of expiration.  A notary public who applies to renew a commission as a notary public on or after July 1, 2022 is subject to and shall comply with this article.  A notary public, in performing notarial acts after July 1, 2022, shall comply with this article.

B. An authorization issued by the secretary of state to perform electronic notarization or remote online notarizations in effect on July 1, 2022 continues until its date of expiration.  A notary public who notifies the secretary of state that the notary public will be performing notarial acts with respect to electronic records or with respect to remotely located individuals on or after July 1, 2022 is subject to and shall comply with this article.
A.R.S. § 41-1073 — Arizona Code / Title 41 / Chapter 6 / Article 7.1 / Section 1073
41-1073 Time frames; exception
Status: in_force

41-1073. Time frames; exception

A. No later than December 31, 1998, an agency that issues licenses shall have in place final rules establishing an overall time frame during which the agency will either grant or deny each type of license that it issues. Agencies shall submit their overall time frame rules to the governor's regulatory review council pursuant to the schedule developed by the council. The council shall schedule each agency's rules so that final overall time frame rules are in place no later than December 31, 1998. The rule regarding the overall time frame for each type of license shall state separately the administrative completeness review time frame and the substantive review time frame.

B. If a statutory licensing time frame already exists for an agency but the statutory time frame does not specify separate time frames for the administrative completeness review and the substantive review, by rule the agency shall establish separate time frames for the administrative completeness review and the substantive review, which together shall not exceed the statutory overall time frame. An agency may establish different time frames for initial licenses, renewal licenses and revisions to existing licenses.

C. The submission by the department of environmental quality of a revised permit to the United States environmental protection agency in response to an objection by that agency shall be given the same effect as a notice granting or denying a permit application for licensing time frame purposes.  For the purposes of this subsection, "permit" means a permit required by title 49, chapter 2, article 3.1 or section 49-426.

D. In establishing time frames, agencies shall consider all of the following:

1. The complexity of the licensing subject matter.

2. The resources of the agency granting or denying the license.

3. The economic impact of delay on the regulated community.

4. The impact of the licensing decision on public health and safety.

5. The possible use of volunteers with expertise in the subject matter area.

6. The possible increased use of general licenses for similar types of licensed businesses or facilities.

7. The possible increased cooperation between the agency and the regulated community.

8. Increased agency flexibility in structuring the licensing process and personnel.

E. This article does not apply to licenses issued either:

1. Pursuant to tribal state gaming compacts.

2. Within seven days after receipt of initial application.

3. By a lottery method.
A.R.S. § 41-1758.02 — Arizona Code / Title 41 / Chapter 12 / Article 3.1 / Section 1758.02
41-1758.02 Fingerprint checks; registration
Status: in_force

41-1758.02. Fingerprint checks; registration

A. The person, provider or agency shall submit a full set of fingerprints to the division for the purpose of obtaining a state and federal criminal history records check pursuant to section 41-1750 and Public Law 92-544.  If the person can present a valid fingerprint clearance card or credible documentation that the person's application for a fingerprint clearance card is pending, the person, provider or agency is not required to submit another application for a fingerprint clearance card.  The division may exchange this fingerprint data with the federal bureau of investigation.

B. Except as provided in section 15-106, paragraph 9, the person shall submit a new set of fingerprints to the division for a fingerprint background check every six years. The division shall conduct a new state and federal criminal history records check on application for a new card.

C. In order to apply for a fingerprint clearance card, a person shall submit a completed application for a fingerprint clearance card provided by the division.

D. The person, provider or agency shall submit the application required by subsection C of this section along with the fingerprints and applicable fee to the division for a criminal history records check.
A.R.S. § 41-725 — Arizona Code / Title 41 / Chapter 4 / Article 3 / Section 725
41-725 Comprehensive database of receipts and expenditures of state monies; local reporting; definition
Status: in_force

41-725. Comprehensive database of receipts and expenditures of state monies; local reporting; definition

A. The department shall establish and maintain an official internet website that is electronically searchable by the public at no cost and that contains a comprehensive database of receipts and expenditures of state monies.  The database shall include the information as prescribed in the comprehensive annual financial report of a budget unit that has been made by a certified public accountant who is currently certified by the Arizona state board of accountancy or who has a limited reciprocity privilege pursuant to section 32-725 and who is not an employee of the department. The report shall be made in accordance with generally accepted auditing standards and shall contain financial statements that are in conformity with generally accepted accounting principles.  If the department has a comprehensive annual financial report of a budget unit that has been presented with a certificate of achievement for excellence in financial reporting by the governmental finance officers association, the department may post such a financial report to satisfy the requirements of this subsection.

B. The department must present information in the database in a manner that is intuitive to members of the general public, including graphical representations.  The database must allow users to:

1. Search and aggregate payments by individual budget units and programs.

2. Search and aggregate payments by individual vendors, including the total amount of state funding awarded by all budget units to individual vendors.

3. Download information yielded by a search of the database.

4. Access electronic versions of contracts that relate to expenditures.

C. The database shall include the following information:

1. Annual receipts of revenues, including:

(a) Receipts or deposits by each state budget unit into funds established in the state treasury.

(b) Taxes.

(c) Earnings by each budget unit, including amounts collected for merchandise sold, services performed and licenses, certifications and permits issued.

(d) Revenue from the use of publicly owned money or property, including leases and licenses.

(e) Gifts, donations and grants received, including amounts received from the federal government.

(f) Any other type of public revenue, however denominated or derived, deposited into the state treasury.

2. Annual expenditures and disbursements of state revenues by each state budget unit from funds established in the state treasury, as applicable, including:

(a) Bond payments, debt service and redemption charges and fees.

(b) Contractual services and cooperative agreements.

(c) Commodities.

(d) Capital outlay.

(e) Revenue sharing and other aid to other levels of government, including tribal governments.

(f) Any other expenditure or disbursement of state revenue from the state treasury, however denominated or structured.

D. Expenditure data shall list:

1. The manner of payment, including check or warrant or credit, debit or other purchase card.

2. The funding source, including categorical codes and the state accounts the expenditure is appropriated from.

3. A standardized descriptive title of the type and purpose of the transaction.

4. The date and amount of each payment.

5. The state agency or budget unit making the payment.

6. The name of the person or entity receiving the payment, including to the extent practicable a parent entity of the recipient if the recipient is owned by another entity.

7. The primary location of performance under the contract, including the county, city or town and legislative district.

E. The database shall not include:

1. Tax payment or refund data that include confidential taxpayer information.

2. Data relating to payments of state assistance to individual recipients.

3. Payees' addresses or telephone numbers, but the department may allow public access in the database to information identifying the county in which the payee is located.

4. Work product in anticipation of litigation or information subject to attorney-client privilege.

5. Any other information that is designated by law as confidential or preapproved as confidential by the department pursuant to rule. The department and any officer or employee of the department:

(a) May rely on a determination made by a budget unit regarding confidentiality of information relating to the budget unit's expenditures.

(b) Are immune from civil liability for posting confidential information under this section if the posting is in reliance on the budget unit's determination relating to confidentiality.

F. Each budget unit shall cooperate with the department as necessary to implement and administer this section.  Each budget unit shall provide to the department any additional data in a manner and schedule prescribed by the department that are required to be included in the database.  The database shall be updated within thirty days after the end of each fiscal year and may be updated as new data become available.  The data shall be retained in the database for at least ten full fiscal years.

G. The governor, secretary of state, state treasurer and legislature shall include a link to the database under this section in their individual official websites. Each budget unit that maintains a generally accessible internet website, or for which a generally accessible website is maintained, shall include a link on that website to the database under this section.

H. Each local government shall establish and maintain an official internet website that is accessible to the public at no cost and that contains a comprehensive reporting of all revenues and expenditures over five thousand dollars of local monies in as nearly as practicable the same manner and consistent with subsections B through E of this section. The database shall include the information as prescribed in the comprehensive annual financial report of a budget unit that has been made by a certified public accountant who is currently certified by the Arizona state board of accountancy or who has a limited reciprocity privilege pursuant to section 32-725 and who is not an employee of the local government. The report shall be made in accordance with generally accepted auditing standards and shall contain financial statements that are in conformity with generally accepted accounting principles. If a local government has a comprehensive annual financial report of a budget unit that has been presented with a certificate of achievement for excellence in financial reporting by the governmental finance officers association, the local government may post such a financial report to satisfy the requirements of this subsection.  A link to this data shall be displayed in a prominent place on the local government's official internet website or on a website of an association of cities and towns for cities and towns that do not have official websites and on the department's official internet website as prescribed in this section. The data shall be updated no less frequently than every three months and may be updated as new data becomes available.  The data shall be retained and accessible online for at least three fiscal years.

I. For the purposes of this section "local government" means:

1. A county, city or town with a population of more than twenty-five hundred persons.

2. Any community college district and school district having a student count of more than six hundred pupils.

3. A state university.
A.R.S. § 41-1006 — Arizona Code / Title 41 / Chapter 6 / Article 1 / Section 1006
41-1006 Employees providing agency assistance; identification and publication
Status: in_force

41-1006. Employees providing agency assistance; identification and publication

A. Each state agency shall publish annually in the register, in the state directory and in a telephone directory for Maricopa county the name or names of those employees who are designated by the agency to assist members of the public or regulated community in seeking information or assistance from the agency.

B. In any written communication between a state agency and a person, the state agency shall provide the name, telephone number and email address of the employee who is authorized and able to provide information about the communication if the communication does any of the following:

1. Demands payment of a tax, fee, penalty, fine or assessment.

2. Denies an application for a permit or license that is issued by the state agency.

3. Requests corrections, revisions or additional information or materials needed for approval of any application for a permit, license or other authorization that is issued by the state agency.

C. An employee who is authorized and able to provide information about any communication that is described in subsection B of this section shall reply within five business days after the state agency receives that communication.
A.R.S. § 41-2821 — Arizona Code / Title 41 / Chapter 26 / Article 1 / Section 2821
41-2821 Treatment of mentally ill youth and youth with developmental disabilities
Status: in_force

41-2821. Treatment of mentally ill youth and youth with developmental disabilities

A. The department of juvenile corrections and the department of health services shall develop an intergovernmental agreement to define their respective roles in providing services to mentally ill youth who are committed to the department of juvenile corrections. The agreement shall designate specific procedures for providing services to committed youth and shall provide a means of sharing funding, expertise and training opportunities. Each department shall adopt rules to implement the agreement.

B. The department of juvenile corrections and the department of economic security shall develop an intergovernmental agreement to define their respective roles in providing services to youth with developmental disabilities who are committed to the department of juvenile corrections. The agreement shall designate specific procedures for providing services to committed youth and shall provide a means of sharing funding, expertise and training opportunities. Each department shall adopt rules to implement the agreement.
A.R.S. § 41-163 — Arizona Code / Title 41 / Chapter 1 / Article 3 / Section 163
41-163 Filing and certification of applications; authorization cards
Status: in_force

41-163. Filing and certification of applications; authorization cards

A. On the recommendation of an application assistant, an individual may apply to the secretary of state to participate in the address confidentiality program. The following individuals may apply to the secretary of state to have an address designated by the secretary of state to serve as the substitute address of the individual and any individuals identified pursuant to subsection C, paragraph 10 of this section:

1. An adult individual.

2. A parent or guardian acting on behalf of a minor if the minor resides with the individual.

3. A guardian acting on behalf of an incapacitated individual.

B. An application assistant shall assist the individual in the preparation of the application.  The application shall be dated, signed and verified by the applicant and shall be signed and dated by the application assistant who assisted in the preparation of the application. The signature of the application assistant serves as the recommendation by the application assistant that the applicant have an address designated by the secretary of state to serve as the substitute address of the applicant. A minor or incapacitated individual on whose behalf a parent or guardian completes an application pursuant to the authority set forth in subsection A, paragraph 2 or 3 of this section is considered the applicant, but any statements that are required to be made by the applicant shall be made by the parent or guardian acting on behalf of the minor or incapacitated individual.

C. The application shall be on a form prescribed by the secretary of state and shall contain all of the following:

1. The applicant's name.

2. A statement by the applicant that the applicant is a victim of domestic violence, a sexual offense or stalking and that the applicant fears for the applicant's safety.

3. Evidence that the applicant is a victim of domestic violence, a sexual offense or stalking.  This evidence shall include at least one of the following:

(a) Law enforcement, court or other state or local government entity or federal agency records or files.

(b) Documentation from a domestic violence program or facility, including a battered women's shelter or safe house, if the applicant is alleged to be a victim of domestic violence.

(c) Documentation from a sexual assault program if the applicant is alleged to be a victim of a sexual offense.

(d) Documentation from a religious, medical or other professional from whom the applicant has sought assistance in dealing with the alleged domestic violence, sexual offense or stalking.

4. A statement by the applicant that disclosure of the applicant's actual address would endanger the applicant's safety.

5. A statement by the applicant that the applicant has confidentially relocated in the past ninety days or will confidentially relocate in this state.

6. A designation of the secretary of state as an agent for the applicant for purposes of receiving service of process and first class, election, registered and certified mail.

7. The mailing address and telephone number where the applicant can be contacted by the secretary of state.

8. The actual address that the applicant requests not to be disclosed by the secretary of state and that directly relates to the increased risk of domestic violence, a sexual offense or stalking.

9. A statement as to whether there is any existing court order or court action involving the applicant or an individual identified pursuant to paragraph 10 of this subsection related to dissolution of marriage proceedings, child support or the allocation of parental responsibilities or parenting time. The statement shall include the name of the court that issued the order or that has jurisdiction over the action, the case number and the judge assigned to the case.

10. The name of any person who resides with the applicant and who also needs to be a program participant in order to ensure the safety of the applicant and, if the person named in the application is eighteen years of age or older, the consent of the person to be a program participant.

11. A statement by the applicant, under penalty of perjury, that to the best of the applicant's knowledge, the information contained in the application is true.

D. On determining that an application is properly completed, the secretary of state shall certify the applicant and any individual who is identified pursuant to subsection C, paragraph 10 of this section as program participants.  On certification, the secretary of state shall issue to the program participant an address confidentiality program authorization card, which shall include the program participant's substitute address.  The card remains valid while the program participant remains certified under the program.

E. Applicants and individuals identified pursuant to subsection C, paragraph 10 of this section are certified for five years following the date of filing unless the certification is withdrawn or canceled before the end of the five-year period.  A program participant may withdraw the certification by filing a request for withdrawal acknowledged before a notary public. A certification may be renewed by filing a renewal application with the secretary of state at least thirty days before the expiration of the current certification.  The renewal application shall be dated, signed and verified by the applicant.  The renewal application shall contain:

1. Any statement or information that is required by subsection C of this section and that has changed from the original application or a prior renewal application.

2. A statement by the applicant, under penalty of perjury, that to the best of the applicant's knowledge, the information contained in the renewal application and a prior application is true.
A.R.S. § 41-2304 — Arizona Code / Title 41 / Chapter 19 / Article 1 / Section 2304
41-2304 Advisory council; representation; duties
Status: in_force

41-2304. Advisory council; representation; duties

A. The governor shall appoint a tourism advisory council which shall be composed of fifteen members who shall serve at the pleasure of the governor.

B. Members of the tourism advisory council shall include representatives from recreational and tourist attractions, lodging, restaurant or food and transportation industries, other tourism businesses and the general public. The council shall include one member from each of the six geographical planning areas of this state. The respective areas shall consist of the noted counties as follows:

1. Area 1 Maricopa.

2. Area 2 Pima.

3. Area 3 Apache, Coconino, Navajo and Yavapai.

4. Area 4 Mohave and Yuma.

5. Area 5 Gila and Pinal.

6. Area 6 Graham, Greenlee, Cochise and Santa Cruz.

C. Of the members first appointed, three shall be appointed for a term ending June 30, 1979 and three each for terms ending one, two, three and four years thereafter. Subsequent appointments shall be for terms of five years, except for an appointment to fill an unexpired term which shall be for the remainder of the term.

D. The council shall assist and advise the director in preparation of the budget and in establishment of policies and programs which promote and develop tourism in this state.
A.R.S. § 41-2602 — Arizona Code / Title 41 / Chapter 23 / Article 8 / Section 2602
41-2602 Material management rules
Status: in_force

41-2602. Material management rules

The director shall adopt rules governing:

1. The management of materials during their entire life cycle.

2. The acquisition and distribution of federal surplus materials.

3. The sale, lease or disposal of surplus materials by public auction, competitive sealed bidding or other appropriate method designated by rule.

4. The purchase of any such materials by an employee of the owning or disposing agency.

5. The transfer of excess and surplus materials.

6. The trade-in of excess or surplus materials.
A.R.S. § 41-511.19 — Arizona Code / Title 41 / Chapter 3 / Article 1.1 / Section 511.19
41-511.19 Catalina state park
Status: in_force

41-511.19. Catalina state park

A. There is established the Catalina state park which may consist of all or a part of the following described property:

Sections 13, 24, 25, north one-half of Section 35, Section 36, all in Township 10 South, Range 14 East, of the Gila and Salt River Base and Meridian, Pinal County, Arizona, Section 1, south one-half of Section 2 East of Lago Del Oro Parkway, South one-half of Section 11, west one-half of Section 12, Section 14, all of Section 20 lying east of Highway 89, south one-half of Section 21, south one-half and the northeast one-fourth of Section 22, Section 23, Section 26, Section 27, Section 28, all of Section 29 lying east of Highway 89, all of Section 32 lying east of Highway 89, Section 33, Section 34, all in Township 11 South, Range 14 East, of the Gila and Salt River Base and Meridian, Pima County, Arizona, Section 3, Section 4, all of Section 5 lying east of Highway 89, all of Section 7 lying east of Highway 89, all of Section 8 lying east of Highway 89, Section 18, all in Township 12 South, Range 14 East, of the Gila and Salt River Base and Meridian, Pima County, Arizona.

B. The Arizona state parks board or its successor may lease or purchase from anyone any of the lands described in subsection A for Catalina state park purposes, subject to the availability of funds appropriated for such purposes by the legislature.

C. Notwithstanding the provisions of title 37, chapter 2, article 14, relating to the exchange of public lands, the state land commissioner may obtain any of the land described in subsection A by trade of state land of equal value within Pima or Pinal county.
A.R.S. § 41-525.03 — Arizona Code / Title 41 / Chapter 3 / Article 2.1 / Section 525.03
41-525.03 Duties of commissioner
Status: in_force

41-525.03. Duties of commissioner

The Colorado river boundary marker commissioner shall:

1. Investigate the problems that will be created by the necessity of marking permanently the boundaries between the states of Nevada and California and the state of Arizona at the time the boundaries shall become permanently established under the terms of the Colorado river boundary commission act.

2. In connection with said investigation, determine the various methods which may be used to mark the permanent boundaries.

3. Report the results of his investigation to the Colorado river boundary commission and make recommendations on the methods of marking said boundary to be used.

4. Cooperate with the states of California and Nevada and the properly designated representatives of those states to insure that said method of marking shall be agreeable to all states.

5. Cooperate with the federal government in any manner necessary to establish said permanent markers.

6. Within the limits of appropriations made available therefor, and in cooperation with the Colorado river boundary commission, carry out the permanent marking of the established boundary between the states of California and Nevada and the state of Arizona.

7. Report to the legislature any problems which may arise as a result of establishing a permanently marked boundary between the states of California and Nevada and the state of Arizona.
A.R.S. § 41-331 — Arizona Code / Title 41 / Chapter 2 / Article 2 / Section 331
41-331 Complaints; investigations
Status: in_force

41-331. Complaints; investigations

A. Any person may make a complaint to the office of the secretary of state regarding a notary public. The secretary of state shall receive any complaints and shall provide notice of those complaints to the office of the attorney general who shall investigate and take action on all complaints involving allegations of any violations of this article.

B. A notary's failure to respond to an investigation is a failure by the notary to fully and faithfully discharge the responsibilities and duties of a notary.
A.R.S. § 41-2549 — Arizona Code / Title 41 / Chapter 23 / Article 3 / Section 2549
41-2549 Reporting of anticompetitive practices
Status: in_force

41-2549. Reporting of anticompetitive practices

If for any reason collusion or other anticompetitive practices are suspected among any bidders or offerors, a notice of the relevant facts shall be transmitted to the director and the attorney general. This section does not require a law enforcement agency conducting an investigation into such practices to convey such notice to the director.
A.R.S. § 41-941 — Arizona Code / Title 41 / Chapter 5 / Article 3 / Section 941
41-941 Location; superintendent; claims
Status: in_force

41-941. Location; superintendent; claims

A. There shall be a state hospital for miners with disabilities as a separate facility for the benefit of miners with disabilities at the Arizona pioneers' home at Prescott which shall be managed by the governor.

B. The superintendent of the Arizona pioneers' home shall serve as superintendent of the miner's hospital and, subject to chapter 4, article 4 of this title, may appoint assistants and employees and prescribe their duties, subject to approval of the governor.

C. Claims for salaries and expenses authorized by this article shall be presented and paid as other state claims.
A.R.S. § 41-2307 — Arizona Code / Title 41 / Chapter 19 / Article 1 / Section 2307
41-2307 Tourism development fund
Status: in_force

41-2307. Tourism development fund

The tourism development fund is established consisting of monies received pursuant to section 41-2305. The office of tourism shall administer the fund. Monies in the fund are continuously appropriated for the purposes of supporting tourism marketing and branding of this state. Beginning in fiscal year 2024-2025, on or before October 1 of each year, the office of tourism shall report to the joint legislative budget committee the monies in the fund and expenditures made pursuant to this section from the previous fiscal year and the purposes of those expenditures.
A.R.S. § 41-1365 — Arizona Code / Title 41 / Chapter 8 / Article 4 / Section 1365
41-1365 State monument and memorial repair fund; purpose; annual report; exemption
Status: in_force

41-1365. State monument and memorial repair fund; purpose; annual report; exemption

A. The state monument and memorial repair fund is established consisting of:

1. Donations.

2. Monies from fundraising activities.

3. Monies that are collected by the proponents of a monument or memorial and that are deposited pursuant to section 41-1363.

4. Grants received for monuments or memorials, except for otherwise specifically dedicated grants.

5. Legislative appropriations.

B. The legislative council shall administer the fund. All monies in the fund are continuously appropriated. Subject to this section, the legislative council shall use monies in the fund to:

1. Maintain, repair, recondition or relocate monuments or memorials.

2. Support mechanical equipment in the governmental mall.

C. The legislative council shall separately account for monies to a specific monument or memorial that is dedicated to this state for maintaining, repairing, reconditioning or relocating that monument or memorial as follows:

1. Monies that are donated for the benefit of the specific monument or memorial.

2. Monies that are derived from fundraising activities and that are collected for the benefit of a specific monument or memorial.

3. Monies that are collected and deposited pursuant to subsection A, paragraph 3 of this section.

D. On or before November 1 of each year, the legislative council shall submit to the joint legislative budget committee a report that accounts for all monies deposited in the fund. The report shall include the sources of the monies received for deposit, by category, and the purposes for which the monies were used during the preceding fiscal year.

E. The legislative council shall hold the monies in the fund in trust for the citizens of this state until spent on an authorized monument or memorial, and monies in the fund shall not be spent or appropriated for any other purpose.

F. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 41-1607 — Arizona Code / Title 41 / Chapter 11 / Article 1 / Section 1607
41-1607 Correctional facilities for minors; programs
Status: in_force

41-1607. Correctional facilities for minors; programs

A. The director may establish and operate correctional facilities for persons who are under eighteen years of age and who are committed to the state department of corrections. The juvenile inmates shall be kept in a separate section from adult inmates.

B. The director shall require juveniles who are committed to the department to participate in the following intensive programs:

1. The functional literacy program established pursuant to section 31-229.

2. An organized recreation and physical training program.

3. A citizenship training program.

4. A labor program pursuant to section 31-251.
A.R.S. § 41-171 — Arizona Code / Title 41 / Chapter 1 / Article 4 / Section 171
41-171 Office; absence from state; salary; seal
Status: in_force

41-171. Office; absence from state; salary; seal

A. The state treasurer shall keep his office at the capitol and shall not absent himself from this state without first notifying the secretary of state that he is leaving. He is eligible to receive an annual salary pursuant to section 41-1904.

B. The secretary of state shall procure and deliver to the treasurer a seal of office containing the words "office of the state treasurer, Arizona", a description of which shall be retained by the secretary of state in his office.
A.R.S. § 41-1960.01 — Arizona Code / Title 41 / Chapter 14 / Article 1 / Section 1960.01
41-1960.01 Enforcement of child support; report
Status: in_force

41-1960.01. Enforcement of child support; report

The department of economic security shall implement and evaluate programs that are designed to test the effectiveness of private sector involvement in title IV-D child support collections enforcement. The department of economic security shall report to the legislature on the status of these programs by November 30 of each year.
A.R.S. § 41-1491.03 — Arizona Code / Title 41 / Chapter 9 / Article 7 / Section 1491.03
41-1491.03 Religious organization and private club exemption
Status: in_force

41-1491.03. Religious organization and private club exemption

A. This article does not prohibit a religious organization, association or society or a nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from:

1. Limiting the sale, rental or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion.

2. Giving preference to persons of the same religion, unless membership in the religion is restricted because of race, color or national origin.

B. This article does not prohibit a private club that is not open to the public and that, as an incident to its primary purpose, provides lodging that it owns or operates for other than a commercial purpose from limiting the rental or occupancy of that lodging to its members or from giving preference to its members.
A.R.S. § 41-1092.10 — Arizona Code / Title 41 / Chapter 6 / Article 10 / Section 1092.10
41-1092.10 Compulsory testimony; privilege against self-incrimination
Status: in_force

41-1092.10. Compulsory testimony; privilege against self-incrimination

A. A person may not refuse to attend and testify or produce evidence sought by an agency in an action, proceeding or investigation instituted by or before the agency on the ground that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture unless it constitutes the compelled testimony or the private papers of the person that would be privileged evidence either pursuant to the fifth amendment of the Constitution of the United States or article II, section 10, Constitution of Arizona, and the person claims the privilege before the production of the testimony or papers.

B. If a person asserts the privilege against self-incrimination and the agency seeks to compel production of the testimony or documents sought, the office or agency as provided in section 41-1092.01, subsection F may issue, with the prior written approval of the attorney general, a written order compelling the testimony or production of documents in proceedings and investigations before the office or agency as provided in section 41-1092.01, subsection F or apply to the appropriate court for such an order in other actions or proceedings.

C. Evidence produced pursuant to subsection B of this section is not admissible in evidence or usable in any manner in a criminal prosecution, except for perjury, false swearing, tampering with physical evidence or any other offense committed in connection with the appearance made pursuant to this section against the person testifying or the person producing the person's private papers.
A.R.S. § 41-151.15 — Arizona Code / Title 41 / Chapter 1 / Article 2.1 / Section 151.15
41-151.15 Preservation of public records
Status: in_force

41-151.15. Preservation of public records

A. All records made or received by public officials or employees of this state or the counties, cities and towns of this state in the course of their public duties are the property of this state. Except as provided in this article, the director and every other custodian of public records shall carefully protect and preserve the records from deterioration, mutilation, loss or destruction and, when advisable, shall cause them to be properly repaired and renovated. All paper, ink and other materials used in public offices for the purpose of permanent records, including electronic records, shall be of durable quality and shall comply with the standards established pursuant to section 39-101. Additionally, the custodian of records that keeps photography, film, microfiche, digital imaging or other types of reproduction or electronic media pursuant to section 41-151.16, subsection A shall protect records from loss or destruction pursuant to standards that are established by the director.

B. The state library shall establish, operate and maintain a trusted electronic records repository to keep, preserve, secure and make available the electronic and digitized records of the state archives and the state documents program and of any documents and public records received, subject to legislative appropriation.

C. Records may not be destroyed or otherwise disposed of by any agency of this state unless it is determined by the state library that the record has no further administrative, legal, fiscal, research or historical value. The original of any record produced or reproduced pursuant to section 41-151.16 may be determined by the state library to have no further administrative, legal, fiscal, research or historical value.  A person who destroys or otherwise disposes of records without the specific authority of the state library is in violation of section 38-421.
A.R.S. § 41-102 — Arizona Code / Title 41 / Chapter 1 / Article 1 / Section 102
41-102 Record required
Status: in_force

41-102. Record required

A. The governor shall keep the following:

1. A record of his official acts.

2. An account of his official expenses and disbursements, including incidental expenses of his department.

3. A register of all appointments made by him, with date of commission, names of the appointee and predecessor.

B. All documents received by the governor in his official capacity shall be kept in his office.
A.R.S. § 41-1237.01 — Arizona Code / Title 41 / Chapter 7 / Article 8.1 / Section 1237.01
41-1237.01 Compliance orders; injunctive relief; civil penalties
Status: in_force

41-1237.01. Compliance orders; injunctive relief; civil penalties

A. If the secretary of state has reasonable cause to believe that a person is violating any provision of this article, the secretary of state shall notify the attorney general and the attorney general may serve on the person an order requiring compliance with that provision.  The order shall state with reasonable particularity the nature of the violation and shall require compliance within twenty days from the date of issuance of the order. The alleged violator has twenty days from the date of issuance of the order to request a hearing pursuant to chapter 6, article 10 of this title.

B. If a person does not request a hearing and fails to take corrective action within the time specified in the compliance order issued pursuant to subsection A of this section or if, after the hearing, the person fails to take corrective action in compliance with an order issued after the hearing within the time specified in the order, the attorney general shall issue an order assessing a civil penalty of not more than one thousand dollars.  The person alleged to have violated the compliance order has thirty days from the date of issuance of the order assessing the civil penalty to request a hearing pursuant to chapter 6, article 10 of this title.

C. Except as provided in section 41-1092.08, subsection H, any party aggrieved by a final order or decision of the attorney general may appeal to the superior court pursuant to title 12, chapter 7, article 6.
A.R.S. § 41-1055 — Arizona Code / Title 41 / Chapter 6 / Article 5 / Section 1055
41-1055 Economic, small business and consumer impact statement
Status: in_force

41-1055. Economic, small business and consumer impact statement

A. The economic, small business and consumer impact summary in the preamble shall include:

1. An identification of the proposed rule making, including all of the following:

(a) The conduct and its frequency of occurrence that the rule is designed to change.

(b) The harm resulting from the conduct the rule is designed to change and the likelihood it will continue to occur if the rule is not changed.

(c) The estimated change in frequency of the targeted conduct expected from the rule change.

2. A brief summary of the information included in the economic, small business and consumer impact statement.

3. If the economic, small business and consumer impact summary accompanies a proposed rule or a proposed expedited rule, the name and address of agency employees who may be contacted to submit or request additional data on the information included in the economic, small business and consumer impact statement.

B. The economic, small business and consumer impact statement shall include:

1. An identification of the proposed rule making.

2. An identification of the persons who will be directly affected by, bear the costs of or directly benefit from the proposed rule making.

3. A cost benefit analysis of the following:

(a) The probable costs and benefits to the implementing agency and other agencies directly affected by the implementation and enforcement of the proposed rule making.  The probable costs to the implementing agency shall include the number of new full-time employees necessary to implement and enforce the proposed rule.  The preparer of the economic, small business and consumer impact statement shall notify the joint legislative budget committee of the number of new full-time employees necessary to implement and enforce the rule before the rule is approved by the council.

(b) The probable costs and benefits to a political subdivision of this state directly affected by the implementation and enforcement of the proposed rule making.

(c) The probable costs and benefits to businesses directly affected by the proposed rule making, including any anticipated effect on the revenues or payroll expenditures of employers who are subject to the proposed rule making.

4. A general description of the probable impact on private and public employment in businesses, agencies and political subdivisions of this state directly affected by the proposed rule making.

5. A statement of the probable impact of the proposed rule making on small businesses. The statement shall include:

(a) An identification of the small businesses subject to the proposed rule making.

(b) The administrative and other costs required for compliance with the proposed rule making.

(c) A description of the methods prescribed in section 41-1035 that the agency may use to reduce the impact on small businesses, with reasons for the agency's decision to use or not to use each method.

(d) The probable cost and benefit to private persons and consumers who are directly affected by the proposed rule making.

6. A statement of the probable effect on state revenues.

7. A description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed rule making, including the monetizing of the costs and benefits for each option and providing the rationale for not using nonselected alternatives.

8. A description of any data on which a rule is based with a detailed explanation of how the data was obtained and why the data is acceptable data. An agency advocating that any data is acceptable data has the burden of proving that the data is acceptable.  For the purposes of this paragraph, "acceptable data" means empirical, replicable and testable data as evidenced in supporting documentation, statistics, reports, studies or research.

C. If for any reason adequate data are not reasonably available to comply with the requirements of subsection B of this section, the agency shall explain the limitations of the data and the methods that were employed in the attempt to obtain the data and shall characterize the probable impacts in qualitative terms. The absence of adequate data, if explained in accordance with this subsection, shall not be grounds for a legal challenge to the sufficiency of the economic, small business and consumer impact statement.

D. An agency is not required to prepare an economic, small business and consumer impact statement pursuant to this chapter and is not required to file a petition pursuant to subsection E of this section for the following rule makings:

1. Initial making, but not renewal, of an emergency rule pursuant to section 41-1026.

2. Proposed expedited rule making or final expedited rule making.

E. Before filing a proposed rule with the secretary of state, an agency may petition the council for a determination that the agency is not required to file an economic, small business and consumer impact statement. The petition shall demonstrate both of the following:

1. The rule making decreases monitoring, record keeping, costs or reporting burdens on agencies, political subdivisions, businesses or persons.

2. The rule making does not increase monitoring, record keeping, costs or reporting burdens on persons subject to the proposed rule making.

F. The council shall place a petition under subsection E of this section on the agenda of its next meeting if at least four council members make such a request of the council chairperson within two weeks after the filing of the petition.

G. The preamble for a rule making that is exempt pursuant to subsection D or E of this section shall state that the rule making is exempt from the requirements to prepare and file an economic, small business and consumer impact statement.

H. The cost-benefit analysis required by subsection B of this section shall calculate only the costs and benefits that occur in this state.

I. If a person submits an analysis to the agency regarding the rule's impact on the competitiveness of businesses in this state as compared to the competitiveness of businesses in other states, the agency shall consider the analysis.
A.R.S. § 41-1729 — Arizona Code / Title 41 / Chapter 12 / Article 2 / Section 1729
41-1729 Law enforcement agencies; access to criminal justice information
Status: in_force

41-1729. Law enforcement agencies; access to criminal justice information

The department shall provide a law enforcement agency with access to the case information that it receives from the supreme court pursuant to sections 13-609, 14-5304 and 36-540 for the purpose of enforcing a court order, assisting in an investigation or returning property.
A.R.S. § 41-1491.34 — Arizona Code / Title 41 / Chapter 9 / Article 7 / Section 1491.34
41-1491.34 Civil action by attorney general
Status: in_force

41-1491.34. Civil action by attorney general

A. If the attorney general finds cause to believe that a discriminatory housing practice has occurred or is about to occur, and there is no conciliation agreement within thirty days, the attorney general shall immediately file a civil action on behalf of the complainant in superior court against the respondent.

B. If the attorney general finds reasonable cause to believe that a party has breached a conciliation agreement, the attorney general shall file a civil action for enforcement of the agreement.

C. In an action under this section, the court may award on behalf of the complainant actual and punitive damages and may issue a permanent or temporary injunction, temporary restraining order or other order, including an order enjoining the defendant from engaging in the practice or ordering affirmative action, and may award court costs to the attorney general.

D. A person aggrieved by the alleged discriminatory housing practice or damaged by the alleged breach of the conciliation agreement may intervene in a civil action brought under this section.
A.R.S. § 41-1674 — Arizona Code / Title 41 / Chapter 11 / Article 7 / Section 1674
41-1674 Compensation of employed prisoners; payment and disposition
Status: in_force

41-1674. Compensation of employed prisoners; payment and disposition

A. If an agreement is entered into between the director and a private employer under this article to provide employment for prisoners and the program is federally certified as a prison industry enhancement program, the agreement shall provide that an employed prisoner shall be paid at least the minimum wage, established by federal law, in the manner established by title 23, chapter 2, article 7, except as otherwise provided by this section.

B. The compensation of a prisoner employed under this article shall be surrendered to the department and shall be distributed in the following order:

1. At least twenty per cent of the prisoner's gross compensation shall be credited to the prisoner's retention or spendable account pursuant to section 31-254.

2. Ten per cent of the prisoner's gross compensation shall be deposited in the victim compensation and assistance fund established by section 41-2407.

3. Thirty per cent of the prisoner's gross compensation shall be deducted for room and board and shall be transmitted to the state treasurer for deposit in the state general fund.

4. Fifteen per cent of the prisoner's gross compensation shall be deducted for the support of the prisoner's dependents on the order of a court of competent jurisdiction. If the dependents are receiving any welfare assistance, the department shall notify the appropriate welfare agency of the payments under this paragraph.

5. Mandatory deductions shall be deducted pursuant to section 31-254 and any remaining amount shall be credited to the prisoner's retention account. The department shall return the amount in the prisoner's retention account to the prisoner at the time the prisoner is released on community supervision or probation if the court waived community supervision pursuant to section 13-603 or the prisoner is discharged.

C. The prisoner's employer shall withhold state and federal income taxes and social security deductions.
A.R.S. § 41-191.05 — Arizona Code / Title 41 / Chapter 1 / Article 5 / Section 191.05
41-191.05 Colorado river land claims revolving fund; use; accounting; audit; disposition of monies
Status: in_force

41-191.05. Colorado river land claims revolving fund; use; accounting; audit; disposition of monies

A. A Colorado river land claims revolving fund is established to be administered by the attorney general.

B. Monies in the fund shall be used by the attorney general for payment of costs and expenses incurred by the attorney general and the state land commissioner in the investigation and prosecution of this state's claims of ownership of sovereign lands in the vicinity of the Colorado river, in accordance with the provisions of law governing such claims.

C. On or before October 15 of each year, the attorney general shall file with the governor, with copies to the director of the department of administration, the president of the senate and the speaker of the house of representatives, a full and complete account of the receipts and disbursements from the fund in the previous year. The auditor general shall audit the fund once a year.

D. Monies recovered by the state from the settlement of this state's sovereign land claims shall be transmitted to the state land commissioner to be deposited in the state general fund, except that twenty-five per cent of the monies recovered shall be deposited in the revolving fund established in subsection A of this section.

E. Monies in the fund are exempt from the lapsing provisions of section 35-190, except that any monies remaining unexpended or unencumbered on June 30, 1990 shall revert to the state general fund.
A.R.S. § 41-1221 — Arizona Code / Title 41 / Chapter 7 / Article 8 / Section 1221
41-1221 Preventing meeting of or disturbing legislature; classification
Status: in_force

41-1221. Preventing meeting of or disturbing legislature; classification

A. A person who knowingly, by force or fraud, prevents the legislature, or either house of the legislature, or any member thereof, from meeting or organizing, is guilty of a class 5 felony.

B. A person who knowingly disturbs the legislature, or either house of the legislature, while in session, or who commits any disorderly conduct in the immediate view and presence of either house, tending to interrupt its proceedings or impair the respect due its authority, is guilty of a class 2 misdemeanor.
A.R.S. § 41-3027.06 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3027.06
41-3027.06 Arizona state schools for the deaf and the blind; termination July 1, 2027
Status: repealed

41-3027.06. Arizona state schools for the deaf and the blind; termination July 1, 2027

A. The board of directors of the Arizona state schools for the deaf and the blind terminates on July 1, 2027.

B. Title 15, chapter 11 and this section are repealed on January 1, 2028.
A.R.S. § 41-191.11 — Arizona Code / Title 41 / Chapter 1 / Article 5 / Section 191.11
41-191.11 Child and family advocacy center fund; report
Status: in_force

41-191.11. Child and family advocacy center fund; report

A. The child and family advocacy center fund is established consisting of monies appropriated to the fund and monies available to the fund from any other source. The attorney general shall administer the fund and may accept private grants, gifts, contributions and devises to be used for the purposes of this section. Monies in the fund are continuously appropriated.

B. The attorney general may use annually up to five percent of the monies in the fund for administrative costs and shall distribute the remainder of the fund monies to child and family advocacy centers that apply for funding and certify on a form provided by the attorney general that the centers meet the requirements of section 8-466.  The attorney general shall distribute the remainder as follows:

1. Five percent to a statewide membership organization that sets core standards for best practices and provides support and training to emerging and existing child and family advocacy centers and multidisciplinary teams.

2. Forty-seven and one-half percent equally among the child and family advocacy centers that meet the qualifications prescribed in this subsection.

3. Forty-seven and one-half percent to the child and family advocacy centers that meet the qualifications prescribed in this subsection based on each center's proportion of all victims served.

C. Within thirty days after the last day of each calendar quarter, the attorney general shall report to the joint legislative budget committee a summary of the quarterly and year-to-date expenditures, including the expenditure of any monies appropriated to the fund in a prior fiscal year.
A.R.S. § 41-619.56 — Arizona Code / Title 41 / Chapter 3 / Article 12 / Section 619.56
41-619.56 Board of fingerprinting fund
Status: in_force

41-619.56. Board of fingerprinting fund

A. The board of fingerprinting fund is established consisting of monies appropriated by the legislature and fees established by the board pursuant to section 41-619.53. The board shall administer the fund subject to legislative appropriation. Monies in the fund are continuously appropriated for the purposes provided in this article.

B. Monies deposited in the fingerprinting fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 41-904 — Arizona Code / Title 41 / Chapter 5 / Article 1 / Section 904
41-904 Inspection of institutions; repairs and improvements
Status: in_force

41-904. Inspection of institutions; repairs and improvements

A. The governor shall, without notice, visit each institution under his control at least once every four months, and inspect every part of the institution and all places, buildings and grounds belonging thereto or used in connection therewith.

B. The governor shall have general charge of the erection of new buildings and of repairs and improvements of buildings, and improvement of grounds and other properties belonging to the institutions under his control, and may, in the name of the state, bring actions necessary to protect the interests of the state therein.
A.R.S. § 41-711 — Arizona Code / Title 41 / Chapter 4 / Article 2 / Section 711
41-711 Establishment of automation operation center; fund; report
Status: in_force

41-711. Establishment of automation operation center; fund; report

A. The department may establish an automation operation center to serve the management and other needs of state government.

B. An automation operations fund is established for paying for the costs of any automation operation applications implemented by the department and otherwise allowed by law.

C. The fund consists of:

1. Legislative appropriations.

2. Grants, except for otherwise specifically dedicated grants, received for automation operations, consolidation and cost reduction or cost avoidance functions.

3. Monies derived from implementing and operating an automation program.

4. Monies derived from the sale or exchange of automation assets.

5. Monies derived from agencies and political subdivisions and other states or their agencies in payment for services provided by the department's automation operation center.

D. The department of administration shall administer the fund. Separate accounts shall be established to account for monies received and spent pursuant to automation agreements with other states or their agencies or the Arizona health care cost containment system administration in fulfillment of an agreement entered into pursuant to section 36-2925. The separate accounts are continuously appropriated for the purposes specified in the agreements. All other monies in the fund are subject to annual legislative appropriation to the department.

E. In connection with its annual budget request to the legislature, the department shall prepare a report that accounts for all monies deposited in the fund, the sources of the monies received for deposit, the purposes for which the fund monies were used during the preceding fiscal year and the plans for using fund monies during the next fiscal year.

F. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 41-2586 — Arizona Code / Title 41 / Chapter 23 / Article 6 / Section 2586
41-2586 State preemption; indemnity agreements in construction and design professional services contracts void; definitions
Status: in_force

41-2586. State preemption; indemnity agreements in construction and design professional services contracts void; definitions

A. A covenant, clause or understanding in, collateral to or affecting a construction contract or subcontract that purports to indemnify, to hold harmless or to defend the promisee of, from or against liability for loss or damage resulting from the negligence of the promisee or the promisee's agents, employees or indemnitee is against the public policy of this state and is void.

B. The regulation and use of indemnity agreements in construction and design professional services contracts are of statewide concern. The regulation of indemnity agreements in construction and design professional services contracts pursuant to this section and their use are not subject to further regulation by a county, city, town or other political subdivision of this state.

C. If a design professional provides work, services, studies, planning, surveys or other preparatory work in connection with a public building or improvement, the state purchasing agency, state governmental unit or property owner may require that the design professional services contract or subcontract require the design professional to indemnify and hold harmless the state purchasing agency, state governmental unit or property owner, and its officers and employees, from liabilities, damages, losses and costs, including reasonable attorney fees and court costs, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of such design professional or other persons employed or used by such design professional in the performance of the contract or subcontract.  A design professional services subcontract entered into in connection with a public building or improvement may also require any design professional to indemnify and hold harmless the purchasing agency, state governmental unit, or property owner and the indemnified design professional who executed the subcontract, and their respective owners, officers and employees, from liabilities, damages, losses and costs, including reasonable attorney fees and court costs, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of such design professional, or persons employed or used by the indemnifying design professional in connection with the subcontract.  Nothing in this section shall prohibit the requirement of insurance coverage that complies with this section, including the designation of the state, state purchasing agency, state governmental unit or property owner as an additional insured on a general liability insurance policy or as a designated insured on an automobile liability policy provided in connection with a construction contract or subcontract or design professional services contract or subcontract.

D. A covenant, clause or understanding in, collateral to or affecting a design professional services subcontract that purports to indemnify, to hold harmless or to defend the promisee of, from or against liability for loss or damage resulting from the negligence of the promisee or the promisee's agents, employees or indemnitee is against the public policy of this state and is void.

E. Except as provided in subsection C of this section, a design professional services contract or subcontract entered into in connection with a public building or improvement shall not require that a design professional defend, indemnify, insure or hold harmless the state purchasing agency, state governmental unit or property owner or its employees, officers, directors, agents, contractors or subcontractors from any liability, damage, loss, claim, action or proceeding, and any contract provision that is not permitted by subsection C of this section is against the public policy of this state and is void.

F. Notwithstanding subsection A of this section, a contractor who is responsible for the performance of a construction contract or subcontract may fully indemnify a person, firm, corporation, state or other agency for whose account the construction contract or subcontract is not being performed and that, as an accommodation, enters into an agreement with the contractor that permits the contractor to enter on or adjacent to its property to perform the construction contract or subcontract for others.

G. If any provision or condition contained in this section conflicts with any provision of a contract between the state or a political subdivision of the state and the federal government, such provision of this section in conflict shall not apply to any construction contract or subcontract, or design professional services contract or subcontract to the extent such conflict exists, but all provisions of this section with which there is no such conflict, shall apply.

H. For the purposes of this section:

1. "Construction contract or subcontract" means a written or oral agreement relating to the construction, alteration, repair, maintenance, relocation, moving, demolition or excavation of a structure, street or roadway, appurtenance, facility, development or other improvement to land.

2. "Design professional services" means architect services, engineer services, land surveying services, geologist services or landscape architect services or any combination of those services performed by or under the supervision of a design professional or any person employed by the design professional.

3. "Design professional service contract or subcontract" means a written or oral agreement relating to the planning, design, construction administration, study, evaluation, consulting, inspection, surveying, mapping, material sampling, testing or other professional, scientific or technical services furnished in connection with any actual or proposed study, planning, survey, environmental remediation, construction, improvement, alteration, repair, maintenance, relocation, moving, demolition or excavation of a structure, street or roadway, appurtenance, facility, development or other improvement to land.

4. "Other person employed or used" means a subcontractor to a contractor or design professional in any tier, or any other person or entity who performs work or design professional services, or provides labor, services, materials or equipment in connection with a construction contract or subcontract or design professional service contract or subcontract subject to this section.
A.R.S. § 41-1279.21 — Arizona Code / Title 41 / Chapter 7 / Article 10.2 / Section 1279.21
41-1279.21 Powers and duties of auditor general relating to counties, school districts, community colleges and county treasurers
Status: in_force

41-1279.21. Powers and duties of auditor general relating to counties, school districts, community colleges and county treasurers

A. In addition to other powers and duties prescribed by law, the auditor general shall:

1. Conduct or cause to be conducted annual financial statement audits of financial transactions and accounts kept by or for all counties.  For a county that is required to comply with the federal single audit requirements, audits shall include compliance audits of financial transactions and applicable accounts kept by or for the county. The audits shall be conducted in accordance with generally accepted governmental auditing standards and, accordingly, shall include tests of the accounting records and other auditing procedures as may be considered necessary under the circumstances. Each county shall provide financial information for inclusion in the annual audit that verifies that Arizona highway user revenue fund monies received by the county pursuant to title 28, chapter 18, article 2 and any other dedicated state transportation revenues received by the county are being used solely for the authorized transportation purposes.

2. Perform procedural reviews for school districts that are not required to comply with the federal single audit requirements at times determined by the auditor general. These reviews may include evaluation of administrative and accounting internal controls and reports on such reviews.

3. Conduct or cause to be conducted annual financial statement audits of financial transactions and accounts kept by or for community college districts.  For a community college district that is required to comply with the federal single audit requirements, audits shall include compliance audits of financial transactions and applicable accounts kept by or for the community college district. The audits shall be conducted in accordance with generally accepted governmental auditing standards and, accordingly, shall include tests of the accounting records and other auditing procedures as may be considered necessary under the circumstances.

4. Approve contracts for financial and compliance auditing services except if specific statutory authority is otherwise provided. The auditor general shall ensure that such contract audits are conducted in accordance with generally accepted governmental auditing standards and shall determine if such audits meet minimum audit standards prescribed by the auditor general. An audit shall not be accepted as meeting the requirements of this paragraph until it has been approved by the auditor general.

5. Order and enforce a correct and uniform system of accounting by county, community college district and school district officers and instruct them in the proper mode of keeping accounts of their offices.

6. Require of county treasurers and custodians of county, community college district or school district funds, as often as the auditor general deems necessary, a verified statement of their accounts.

7. Report to the committee and to the attorney general the refusal or neglect of any county, community college district or school district officer to conform to rules and regulations of the auditor general's office.

8. Report to the committee and to the governor the result of the auditor general's examinations of county, community college district and school district offices as often as required by public interest.

9. Perform procedural reviews of county treasurers' offices.  These reviews may include evaluating compliance with the uniform system of accounting for county treasurers prescribed by the auditor general and administrative and accounting internal controls. The auditor general shall provide in writing the results of the procedural review, including any recommendations, to the county treasurer, county board of supervisors and joint legislative audit committee. A county treasurer's office that is subject to a review pursuant to this paragraph shall notify the auditor general in writing whether the county treasurer's office agrees or disagrees with the findings of the review and whether the county treasurer's office will implement the recommendations, implement modifications to the recommendations or refuse to implement the recommendations. At the request of the auditor general, the county treasurer shall submit to the auditor general a written status report on correcting the deficiencies and implementing the recommendations of the procedural review within a one-year period after receiving the results of the procedural review. The auditor general shall follow up and review the county treasurer's progress toward correcting the deficiencies and implementing the recommendations of the procedural review and provide a status report to the county board of supervisors and the joint legislative audit committee during the one-year period. The auditor general may review a county treasurer's progress after the one-year period if there are deficiencies that the county treasurer has not corrected or recommendations that the county treasurer has not implemented.  The county treasurer shall participate in any hearing scheduled during this review period by the joint legislative audit committee or by any other legislative committee designated by the joint legislative audit committee.

B. The auditor general may adopt rules providing for disapproving contracts, and suspending or debarring any contractor providing financial and compliance auditing services to a school district based on applicable standards similar to those adopted by this state under section 41-2613.

C. Notwithstanding any other law, the disapproval of a contract or the suspension or debarment may be appealed to the superior court pursuant to title 12, chapter 7, article 6.
A.R.S. § 41-3028.02 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3028.02
41-3028.02 State board of psychologist examiners; termination July 1, 2028
Status: repealed

41-3028.02. State board of psychologist examiners; termination July 1, 2028

A. The state board of psychologist examiners terminates on July 1, 2028.

B. Title 32, chapter 19.1 and this section are repealed on January 1, 2029.
A.R.S. § 41-1155 — Arizona Code / Title 41 / Chapter 7 / Article 4 / Section 1155
41-1155 Offenses punishable by legislature; limitation on imprisonment
Status: in_force

41-1155. Offenses punishable by legislature; limitation on imprisonment

A. Each house of the legislature may punish as a contempt, and by imprisonment, a breach of its privileges, or the privileges of its members, but only for one or more of the following offenses:

1. Arresting a member or officer of the house, or procuring such member or officer to be arrested, in violation of his privilege from arrest.

2. Disorderly conduct in immediate view of the house, and directly tending to interrupt its proceedings.

3. Refusing to attend, or to be examined as a witness, either before the house or a committee, or before any person authorized by the house or by a committee to take testimony in legislative proceedings.

4. Giving or offering a bribe to a member, or attempting by menace, or other corrupt means or device, directly or indirectly, to control or influence a member in giving or preventing his vote.

B. No term of imprisonment shall extend beyond final adjournment of the session.
A.R.S. § 41-1153 — Arizona Code / Title 41 / Chapter 7 / Article 4 / Section 1153
41-1153 Disobedience of subpoena as legislative contempt
Status: in_force

41-1153. Disobedience of subpoena as legislative contempt

A. If a witness neglects or refuses to obey a legislative subpoena, or, appearing, neglects or refuses to testify, the senate or the house may, by resolution entered in the journal, commit him for contempt.

B. A witness neglecting or refusing to attend in obedience to a subpoena may be arrested by the sergeant-at-arms and brought before the senate or house upon authority of a copy of the resolution signed by the president or speaker, and countersigned by the secretary or chief clerk.
A.R.S. § 41-863 — Arizona Code / Title 41 / Chapter 4.2 / Article 1 / Section 863
41-863 Records
Status: in_force

41-863. Records

Each state agency shall initiate measures, in consultation with the state historic preservation officer, to assure that if, as a result of state action or assistance given by the agency, historic property is to be substantially altered or demolished, timely steps are taken to make appropriate documentary recordation in accordance with standards which the state historic preservation officer establishes. The agency shall deposit the records with the Arizona state library, archives and public records and with the state historic preservation officer for future use and reference.
A.R.S. § 41-2582 — Arizona Code / Title 41 / Chapter 23 / Article 5 / Section 2582
41-2582 Project delivery methods for design and construction services
Status: in_force

41-2582. Project delivery methods for design and construction services

A. A purchasing agency may procure design services, construction and construction services, as applicable, under any of the following project delivery methods:

1. Design-bid-build.

2. Construction-manager-at-risk.

3. Design-build.

4. Job-order-contracting.

B. For the design-bid-build project delivery method, the director shall procure:

1. Design services pursuant to section 41-2535, 41-2536, 41-2537, 41-2578, 41-2579 or 41-2581.

2. Construction by competitive sealed bidding, except as otherwise provided in section 41-2532.

C. The director shall procure construction services under the construction-manager-at-risk, design-build and job-order-contracting project delivery methods pursuant to section 41-2535, 41-2536, 41-2537, 41-2578 or 41-2579.

D. The director shall procure design services relating to a construction-manager-at-risk construction services project pursuant to section 41-2535, 41-2536, 41-2537, 41-2578, 41-2579 or 41-2581.

E. For job-order-contracting construction services projects, if the director does not include design services in the job-order-contracting construction services contract, the director shall procure any design services relating to job-order-contracting construction services projects under the contract pursuant to section 41-2535, 41-2536, 41-2537, 41-2578, 41-2579 or 41-2581.
A.R.S. § 41-983.01 — Arizona Code / Title 41 / Chapter 5 / Article 6 / Section 983.01
41-983.01 Arizona arts trust fund
Status: in_force

41-983.01. Arizona arts trust fund

A. There is established the Arizona arts trust fund. The trust fund shall be administered by the Arizona commission on the arts and shall consist of revenues derived from filing fees collected pursuant to section 10-122. The commission shall deposit, pursuant to sections 35-146 and 35-147, such revenues into the trust fund at least quarterly.

B. On notice from the commission, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the trust fund. Monies in the fund shall not revert to the state general fund.

C. Expenditures from the trust fund for grants under the Arizona arts program shall be authorized by a majority vote of the commission.  All other expenditures may be authorized by the chairman of the commission.  Expenditures shall be made upon warrants drawn by the department of administration.
A.R.S. § 41-1957 — Arizona Code / Title 41 / Chapter 14 / Article 1 / Section 1957
41-1957 State-federal cooperation
Status: in_force

41-1957. State-federal cooperation

A. Subject to the departmental rules and regulations on the confidentiality of information, upon request, the department shall furnish to any agency of the United States which is charged with the administration of public works or assistance through public employment the name, address, ordinary occupation and employment status of each recipient of benefits and the recipient's rights to further benefits from programs administered by the department.

B. In the administration of the provisions of the extended benefit program required by the federal-state extended unemployment compensation act of 1970, the department shall take such action as may be necessary to ensure that the provisions are so interpreted and applied as to meet the requirements of such federal act as interpreted by the United States department of labor, and to secure to this state the full reimbursement of the federal share of extended benefits paid under title 23, chapter 4, that are reimbursable under the federal act.
A.R.S. § 41-151.16 — Arizona Code / Title 41 / Chapter 1 / Article 2.1 / Section 151.16
41-151.16 Production and reproduction of records by agencies of the state and political subdivisions; admissibility; violation; classification
Status: in_force

41-151.16. Production and reproduction of records by agencies of the state and political subdivisions; admissibility; violation; classification

A. Each agency of this state or of any political subdivision of this state may implement a program for the production or reproduction by photography or other method of reproduction on film, microfiche, digital imaging or other electronic media of records in its custody, whether obsolete or current, and classify, catalogue and index such records for convenient reference. The agency, before the institution of any such program of production or reproduction, shall obtain approval from the director of the types of records to be produced or reproduced and of the methods of production, reproduction and storage and the equipment which the agency proposes to use in connection with the production, reproduction and storage. Approval pursuant to this subsection is necessary for digitizing programs but not for individual instances of digitization. On approval from the director, the source documents may be destroyed, but only after an administrative audit and after safeguards are in place to protect the public records pursuant to section 41-151.15, subsection A.

B. Except as otherwise provided by law, records reproduced as provided in subsection A of this section are admissible in evidence.

C. A head of an agency of this state or a political subdivision of this state who violates this section is guilty of a class 2 misdemeanor.
A.R.S. § 41-131 — Arizona Code / Title 41 / Chapter 1 / Article 2 / Section 131
41-131 Certified copies; fee
Status: in_force

41-131. Certified copies; fee

A. On request, the secretary of state or the secretary's designee may certify under the great seal of the state of Arizona any publicly recorded document filed pursuant to this article.

B. The secretary of state may charge a copy fee per page pursuant to section 39-121.01 and shall charge a certified copy fee pursuant to section 41-126, subsection A, paragraph 10.
A.R.S. § 41-860.05 — Arizona Code / Title 41 / Chapter 4.1 / Article 5 / Section 860.05
41-860.05 State dinosaur
Status: in_force

41-860.05. State dinosaur

Sonorasaurus is the official state dinosaur.
A.R.S. § 41-610 — Arizona Code / Title 41 / Chapter 3 / Article 7 / Section 610
41-610 Capital projects; federal monies; annual report
Status: in_force

41-610. Capital projects; federal monies; annual report

On or before November 1 of each year, the department shall submit a report to the directors of the joint legislative budget committee and the governor's office of strategic planning and budgeting on capital projects for which the department has requested federal monies in the last twelve months. For each project, the report shall include:

1. The status of the request for and receipt of the federal monies.

2. The estimated construction start date.

3. The estimated construction end date.

4. The fund sources and estimated cost for construction.

5. The fund sources and estimated ongoing operational cost.
A.R.S. § 41-2261 — Arizona Code / Title 41 / Chapter 18 / Article 1 / Section 2261
41-2261 Certifications of bonds by attorney general
Status: in_force

41-2261. Certifications of bonds by attorney general

A. The board may submit any bonds issued under this article to the attorney general after all proceedings for their authorization have been completed. Within fifteen days after submission the attorney general shall examine and pass on the validity of the bonds and the regularity of the proceedings.

B. If the proceedings comply with this article, and if the attorney general determines that, when delivered and paid for, the bonds will constitute binding and legal obligations of the board, the attorney general shall certify on the back of each bond, in substance, that it is issued according to the constitution and laws of this state.
A.R.S. § 41-151.01 — Arizona Code / Title 41 / Chapter 1 / Article 2.1 / Section 151.01
41-151.01 Arizona state library, archives and public records
Status: in_force

41-151.01. Arizona state library, archives and public records

A. The Arizona state library, archives and public records is established in the office of the secretary of state.

B. The state library shall:

1. Acquire and provide access to materials relating to the following in print, in an electronic format or in any other format:

(a) Law.

(b) Political science.

(c) Economics.

(d) Sociology.

(e) Subjects pertaining to the theory and practice of government.

(f) Genealogy.

(g) Arizona history.

2. Provide the following:

(a) A general and legal reference service.

(b) A records management and archives program.

(c) A state and federal government documents depository program.

(d) A library development service.

(e) Museums for educational purposes as approved by the secretary of state.

(f) A service, including materials, for persons who are visually or physically unable to use traditional print materials.
A.R.S. § 41-750 — Arizona Code / Title 41 / Chapter 4 / Article 4 / Section 750
41-750 Contribution of pro rata share for personnel division fund
Status: in_force

41-750. Contribution of pro rata share for personnel division fund

A. All state agencies shall contribute a pro rata share of the overall cost of personnel administration services provided by the department. The pro rata share shall be payable by payroll fund source, and the resultant amount shall be deposited, pursuant to sections 35-146 and 35-147, in a personnel division fund for appropriation by the legislature for the state personnel board, the governor's office of equal opportunity and the personnel division of the department.  The pro rata share shall be 0.86 percent of the total payroll of the state agency. Of the 0.86 percent pro rata share, 0.03 percent of total payroll shall be deposited in a separate subaccount of the personnel division fund for use by the state personnel board and is subject to legislative appropriation. Total payroll shall include all fund sources, including the state general fund, federal monies, special revenue funds, intergovernmental revenue monies, trust funds and other payroll fund sources.

B. A claim for the pro rata share percentage payment shall be submitted according to the fund source, with the accompanying payroll to the department for deposit in the personnel division fund.

C. Notwithstanding section 35-190, only monies in excess of five hundred thousand dollars revert to the state general fund at the end of each fiscal year. The state comptroller shall pay any monies determined to be owed to the federal government from the personnel division fund before calculating the reversion.

D. Monies contributed based on the personnel services for individuals employed by the Arizona state retirement system and monies contributed based on the personnel services for individuals employed by the public safety personnel retirement system as the pro rata share shall not revert to the state general fund and shall be separately accounted for and reverted to the Arizona state retirement system, the public safety personnel retirement system, the elected officials retirement plan or the corrections officer retirement plan, as applicable.
A.R.S. § 41-3028.08 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3028.08
41-3028.08 State foster care review board; termination July 1, 2028
Status: repealed

41-3028.08. State foster care review board; termination July 1, 2028

A. The state foster care review board terminates on July 1, 2028.

B. Section 8-515.04 and this section are repealed on January 1, 2029.
A.R.S. § 41-923 — Arizona Code / Title 41 / Chapter 5 / Article 2 / Section 923
41-923 Admission to home; qualifications required; payment of costs; neglect or refusal to reimburse state
Status: in_force

41-923. Admission to home; qualifications required; payment of costs; neglect or refusal to reimburse state

A. A person of good character is eligible to be admitted to the Arizona pioneers' home who:

1. Is and has been for a period of five years prior to his application for admission a citizen or legal resident of the United States.

2. Has been a resident of this state for not less than fifty years.

3. Has reached the age of seventy or more years.

4. At the time of admission, is ambulatory, has proper bowel and bladder control and is able to bathe, clothe and feed himself without assistance.

5. At the time of admission, does not require care in a hospital or in a skilled care or intermediate care nursing home.

B. An applicant for admission to the home shall submit to the superintendent a verified financial statement showing all assets and income, a social and health history and the results of a current medical examination on forms furnished or approved by the superintendent.

C. The superintendent may admit a person to the home when a full examination and investigation reveal that the person possesses the qualifications prescribed by this section.

D. A person admitted to the Arizona pioneers' home shall pay to this state, to the extent that he is financially able to do so, the cost incurred by this state for his care.  The cost shall be paid monthly to the superintendent and shall not be in excess of the average monthly per capita cost of operating the home based on the average number of persons then residing at the home during the year.  A person who neglects or refuses to reimburse this state as required under this subsection shall not be permitted to reside at the home during the continuance of this neglect or refusal to pay.  This subsection applies only to those persons admitted to the home after August 11, 1970.

E. In determining the cost to the person, the superintendent shall consider the same factors for each person and shall include all assets and income of the person including the fair market value of any asset owned by the person and disposed of during residency or within two years before admission to the home.  The superintendent shall verify all applicant and resident financial information.
A.R.S. § 41-1830.02 — Arizona Code / Title 41 / Chapter 12 / Article 9 / Section 1830.02
41-1830.02 Expenditure of funds for training prosecuting attorneys
Status: in_force

41-1830.02. Expenditure of funds for training prosecuting attorneys

In exercising its powers and duties, the council shall endeavor to minimize costs of administration, including utilization of training facilities already in existence and available, so that the greatest possible proportion of the funds available to it shall be expended for the purposes of providing training for prosecuting attorneys.
A.R.S. § 41-191.03 — Arizona Code / Title 41 / Chapter 1 / Article 5 / Section 191.03
41-191.03 Collection enforcement revolving fund; disposition of monies
Status: in_force

41-191.03. Collection enforcement revolving fund; disposition of monies

A. The collection enforcement revolving fund is established for the purpose of collecting debts owed to the state. Monies in the fund are subject to legislative appropriation. The attorney general shall administer the fund.

B. The attorney general may expend from the collection enforcement revolving fund the monies that are necessary for operating expenses incurred by the department of law and the collection of debts owed to this state, including reimbursing other accounts or departments within the office of the attorney general from which monies or services for collection were provided.

C. Thirty-five percent of all monies recovered by the attorney general pursuant to section 41-191.04 shall be deposited, pursuant to sections 35-146 and 35-147, in the collection enforcement revolving fund.

D. Sixty-five percent of all monies recovered by the attorney general pursuant to section 41-191.04 shall be distributed as follows:

1. Those monies that are directly attributable to a fund containing monies that do not revert to the state general fund at the end of the fiscal year shall be deposited, pursuant to sections 35-146 and 35-147, in that fund.

2. All other monies shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

E. Monies in the collection enforcement revolving fund are exempt from the lapsing provisions of section 35-190 relating to lapsing of appropriations, except that monies remaining in the fund at the end of each fiscal year in excess of one million dollars shall be distributed on a pro rata basis to the funds receiving monies pursuant to subsection D of this section.  This distribution shall be based on the percentage that the collections deposited in each fund bear to the total amount deposited in the funds during the fiscal year.

F. Notwithstanding anything in subsections B through E of this section, monies due and owing pursuant to section 12-116.01 and collected by the attorney general shall be distributed as follows:

1. Twenty percent of all monies recovered by the attorney general pursuant to section 41-191.04 shall be deposited, pursuant to sections 35-146 and 35-147, in the collection enforcement revolving fund.

2. Eighty percent of all monies recovered by the attorney general pursuant to section 41-191.04 shall be deposited, pursuant to sections 35-146 and 35-147, in the criminal justice enhancement fund established by section 41-2401.
A.R.S. § 41-1993 — Arizona Code / Title 41 / Chapter 14 / Article 3 / Section 1993
41-1993 Judicial review
Status: in_force

41-1993. Judicial review

A. Any party aggrieved by a decision of the director is entitled to judicial review of the decision pursuant to title 12, chapter 7, article 6.

B. Any party aggrieved by a decision of the appeals board may file an application for appeal to the court of appeals with the clerk of the appeals board within thirty days after the date of mailing or electronic transmission of the decision, except as provided in subsection C of this section. On the filing of an application for appeal, the clerk of the appeals board shall transmit to the court of appeals the application for appeal, the decisions issued by the appeals board and all petitions for review and responses of the appeals board.  The clerk of the appeals board shall also transmit any portions of the record before the department requested by the court of appeals.  The court of appeals shall thereafter grant or deny the application for appeal. If the application is denied, the decision of the appeals board shall be deemed final, and further appeal may not be taken. If the application is granted, the rules for appeals in civil actions shall apply, commencing with the preparation and transmittal of the complete record before the department and a record index.  A bond for costs on appeal or docket fee is not required. The department and all parties before the appeals board shall be given notice of the appeal and an opportunity to appear. All appeals are limited to the record before the department unless the court orders otherwise. An issue may not be raised on appeal that has not been raised in the petition for review before the appeals board.  The department shall provide the record for use by the court and by any parties who request copies. The cost of providing the record is a taxable cost if the department prevails. The court of appeals may designate one department of division one to hear all appeals under this section.

C. Any party aggrieved by a decision of the appeals board concerning tax liability, collection or enforcement may appeal to the tax court, as defined in section 12-161, within thirty days after the date of mailing or electronic transmission of the decision. The appellant need not pay any of the tax, penalty or interest upheld by the appeals board in its decision before initiating, or in order to maintain an appeal to the tax court pursuant to this section.

D. Any appeal that is taken to tax court pursuant to this section is subject to the following provisions:

1. No injunction, writ of mandamus or other legal or equitable process may issue in an action in any court in this state against an officer of this state to prevent or enjoin the collection of any tax, penalty or interest.

2. The action shall not begin more than thirty days after the date of mailing or electronic transmission of the appeals board's decision.  Failure to bring the action within thirty days after the date of mailing or electronic transmission of the appeals board's decision constitutes a waiver of the protest and a waiver of all claims against this state arising from or based on the illegality of the tax, penalties and interest at issue.

3. The scope of review of an appeal to tax court pursuant to this section shall be governed by section 12-910, applying section 23-613.01 as that section reads on the date the appeal is filed to the tax court or as thereafter amended. Either party to the action may appeal to the court of appeals or supreme court as provided by law.
A.R.S. § 41-1681 — Arizona Code / Title 41 / Chapter 11 / Article 8 / Section 1681
41-1681 Definition
Status: in_force

41-1681. Definition

For the purposes of this article, "private prison" means any privately owned prison that does not contract exclusively with the state department of corrections and is primarily directed at housing adult prisoners who are sentenced to serve a term of detention or incarceration by a court from a state other than this state.
A.R.S. § 41-732 — Arizona Code / Title 41 / Chapter 4 / Article 3 / Section 732
41-732 Duties relating to general accounting activities
Status: in_force

41-732. Duties relating to general accounting activities

A. The director or the director's authorized representative shall be the general accountant of this state and keeper of all public account books, vouchers, documents and papers relating to accounts and contracts of the state, and to its revenue, debts and fiscal affairs, not required by law to be placed in some other office or kept by some other person.

B. The general accountant shall:

1. Draw all payments upon the treasury for money, except in cases otherwise expressly provided by law. The general accountant shall maintain a record of all warrants drawn and electronic funds transfers, by number, date of issue, payee and amount.

2. Keep, or require budget units to keep, an account of all debts and credits between this state and the United States, and between this state and every other state, officer or person with whom this state has financial dealings, and of any separate fund of this state, or touching any duty of the general accountant's office.

3. Upon approval by the governor, give information in writing to any person authorized by law to examine the general accountant's accounts or papers, when required, upon any subject relating to the fiscal affairs of this state or touching any duty of his office.

4. Keep a seal of office which shall be used to authenticate all warrants signed by the general accountant and all writings, papers and documents certified from the office of the general accountant.
A.R.S. § 41-1604.08 — Arizona Code / Title 41 / Chapter 11 / Article 1 / Section 1604.08
41-1604.08 Global position system monitoring: daily fee; deposit
Status: in_force

41-1604.08. Global position system monitoring: daily fee; deposit

A. The department shall assign any person who is in the custody of the department and who was convicted of a violation of section 13-705 to a global position monitoring system on the person's release on parole, community supervision, work release or other conditional or temporary release.

B. The department may enter into a contract for the provision of global position monitoring services.

C. The department may charge a person who is assigned to a global position monitoring system a daily fee not to exceed the department's expenses for the system.

D. Monies collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the community corrections enhancement fund established by section 31-418.
A.R.S. § 41-1273 — Arizona Code / Title 41 / Chapter 7 / Article 10 / Section 1273
41-1273 Budget analyst; employees; duties; reports
Status: in_force

41-1273. Budget analyst; employees; duties; reports

A. The joint legislative budget committee shall appoint a budget analyst and other clerical and technical employees that may be required.

B. The budget analyst shall serve full time as staff director and receive compensation as determined pursuant to section 38-611. The budget analyst, as a prerequisite for appointment, shall have demonstrated the budget analyst's competency and ability in the field of finance either in private business or public work.

C. The budget analyst may be removed from office prior to expiration of the budget analyst's term if, voting separately, a majority of the members of each body constituting the joint legislative budget committee votes in favor of removal.

D. The budget analyst shall prepare for distribution an analysis of the governor's budget as soon after the budget is presented to the legislature as is possible. The analysis, among other things, shall include recommendations of the budget analyst for revisions in expenditures.

E. In consultation with the governor's office of strategic planning and budgeting, the budget analyst shall determine and report to the governor and the legislature an estimate of appropriations subject to the limit imposed by article IX, section 17, Constitution of Arizona. The report shall be published on or before February 15 of each year for the preceding fiscal year, for the current fiscal year and for the ensuing fiscal year to reflect the budget recommendations of the joint legislative budget committee.

F. On or before December 1 of each year, the budget analyst shall report to the committee a listing of statutorily deleted and newly created funds and funds that changed appropriated status from the prior fiscal year.

G. On or before January 31 of each year, the budget analyst shall report to the committee the expenditures for each retirement system for the preceding fiscal year, including the expenditures made by this state for the employer contribution for each retirement system.

H. The legislature in making its appropriation for the operation of the legislature shall allocate a portion thereof for the operation of the joint legislative budget committee.

I. On or before December 1, 2019 and once every seven years thereafter, the budget analyst shall report to the committee the following:

1. The current amount of each surcharge and assessment that is authorized by law to be collected on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and every civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17.

2. The items for which the collected surcharge or assessment monies are used.
A.R.S. § 41-1604.09 — Arizona Code / Title 41 / Chapter 11 / Article 1 / Section 1604.09
41-1604.09 Parole eligibility certification; classifications; appeal; recertification; applicability; definition
Status: in_force

41-1604.09. Parole eligibility certification; classifications; appeal; recertification; applicability; definition

A. The director shall develop and maintain a parole eligibility classification system. Within the system, the director shall establish two classes of parole eligibility, class one and class two, to be given effect as provided for in this section, one class of parole noneligibility for dangerous psychiatric offenders and as many other classes of noneligibility as the director deems necessary or desirable. Each person committed to the state department of corrections shall be classified pursuant to the parole eligibility system established by the director.

B. The director shall establish rules pursuant to chapter 6 of this title for the classification and certification of prisoners for purposes of parole. Reclassification and certification shall be based on factors related to a prisoner's record while in the custody of the department, including work performance, compliance with all rules of the department, progress in any appropriate training or treatment programs and the performance of any assignments of confidence or trust. The director shall also establish rules governing the procedures and performance standards by which prisoners, reclassified to noneligibility classifications, may earn eligibility classification.  Prisoners may be reclassified only pursuant to the rules of the department. The director shall distribute a copy of all the rules to each person committed to the department.

C. The director shall maintain two classes for parole eligibility, class one and class two. Inclusion of an inmate in class one shall be determined by adherence to the rules of the department and continual willingness to volunteer for or successful participation in a work, educational, treatment or training program established by the department, except that a person sentenced pursuant to a statute that requires that a person serve a mandatory minimum term shall not be placed in class one until one-quarter of the mandatory minimum portion of the term is served and shall not be released until the mandatory minimum portion of the term is served. Inclusion of an inmate in class two shall be determined by adherence to the rules of the department.

D. The director shall certify as eligible for parole any prisoner classified within an eligible classification five months immediately before the prisoner's earliest parole eligibility. The inmate shall be required to remain in a parole eligible classification from the date of certification until the date of release on parole. If the inmate does not remain in a parole eligible classification until the date of release on parole, the entire parole process shall be rescinded. For the purposes of this subsection, the prisoner's earliest parole eligibility occurs when the prisoner has served one-half of the sentence imposed unless the prisoner is sentenced according to any provisions of law that prohibit the release on any basis until serving not less than two-thirds of the sentence imposed by the court, the sentence imposed by the court or any other mandatory minimum term, in which case the prisoner must have served the sentence required by law.

E. Every prisoner shall be entitled to a hearing before reclassification of the prisoner to a lower class. The hearing shall be before a person or persons designated by the director to hold the hearings. Reasonable notice and a written statement of the alleged violation of the rules shall be distributed to the prisoner at least five days before the hearing. A prisoner may request a review of a decision to reclassify the prisoner by delivering a written request to the director.

F. Notwithstanding subsection D of this section, placement of a prisoner in a noneligible parole class except placement in the noneligible parole class for dangerous psychiatric offenders shall result in an increase in the period of time the prisoner must serve before reaching the prisoner's earliest parole eligibility date. The increase shall equal the number of days occurring after placement in a noneligible parole class and before the prisoner is reclassified to a parole eligible class.

G. The classification of each prisoner shall be reviewed by the director not less than once every six months. Any prisoner who was certified as eligible for parole and denied parole and remains eligible for parole pursuant to subsection D of this section shall be recertified by the director not less than one nor more than four months after the hearing at which the prisoner was denied parole, except that the board of executive clemency in denying parole may prescribe that the prisoner shall not be recertified for a period of up to one year after the hearing. The board of executive clemency may adopt rules for the recertification process and may apply specific rules for the recertification process that applies to a prisoner who is serving a sentence for any of the following:

1. Death in violation of section 13-1104 or 13-1105.

2. Serious physical injury if the person was sentenced pursuant to section 13-704.

3. A dangerous crime against children as defined in section 13-705.

4. A felony offense in violation of title 13, chapter 14 or 35.1.

H. Immediately after the adoption of the rules required pursuant to this section, the director shall forward a certified copy of the rules to the legislature. The legislature may review and, by concurrent resolution, approve, disapprove or modify the rules, except that they shall be given full force and effect pending legislative review. If no concurrent resolution is passed by the legislature with respect to the rules within one year following receipt of a certified copy of the rules, they shall be deemed to have been approved by the legislature. If the legislature disapproves the rules or a section of them, the director shall immediately discontinue the use of any procedure, action or proceeding authorized or required by the rules or section of the rules.

I. This section applies to either of the following:

1. A person who commits a felony offense before January 1, 1994.

2. A person who is sentenced to life imprisonment and who is eligible for parole pursuant to section 13-716 or 13-718.

J. Pursuant to rules adopted by the director, on commitment to the department, each prisoner shall be placed in parole class one beginning on the prisoner's sentence begin date.

K. For the purposes of this section, "dangerous psychiatric offender" means an inmate who has been placed in a psychiatric unit for psychiatric evaluation and treatment and who has been determined to present a high risk of potential violence.
A.R.S. § 41-1026 — Arizona Code / Title 41 / Chapter 6 / Article 3 / Section 1026
41-1026 Emergency rulemaking
Status: repealed

41-1026. Emergency rulemaking

A. If an agency makes a finding that a rule is necessary as an emergency measure, the rule may be made, amended or repealed as an emergency measure, without the notice prescribed by sections 41-1021 and 41-1022 and prior review by the council, if the rule is first approved by the attorney general and filed with the secretary of state. The attorney general may not approve the making, amendment or repeal of a rule as an emergency measure if the emergency situation is created due to the agency's delay or inaction and the emergency situation could have been averted by timely compliance with the notice and public participation provisions of this chapter, unless the agency submits substantial evidence that the rule is necessary as an emergency measure to do any of the following:

1. Protect the public health, safety or welfare.

2. Comply with deadlines in amendments to an agency's governing law or federal programs.

3. Avoid violation of federal law or regulation or other state law.

4. Avoid an imminent budget reduction.

5. Avoid serious prejudice to the public interest or the interest of the parties concerned.

B. Within sixty days after receipt, the attorney general shall review the demonstration of emergency and the rule in accordance with the standards prescribed in section 41-1044.

C. If the emergency is in accordance with the standards in section 41-1044, the attorney general shall create a certificate of approval and file the rule with the secretary of state. The secretary of state shall publish the rule in the register as provided in section 41-1013 and publish the rule in the code.

D. A rule made, amended or repealed pursuant to this section is valid for one hundred eighty days after the filing of the rule with the secretary of state.  The emergency may be renewed for one more one hundred eighty-day period if all of the following requirements are met:

1. The agency determines that the emergency situation still exists.

2. The agency follows the procedures prescribed in this section.

3. The agency files a notice of the renewal of the emergency with the attorney general before the expiration of the preceding one hundred eighty-day period.

4. The agency makes the rule as a proposed rule or has issued an alternative proposed rule pursuant to section 41-1022.

5. The agency receives approval of the renewal from the attorney general before the expiration of the preceding one hundred eighty-day period.

6. The attorney general creates a certificate of approval and files the rule with the secretary of state.  The secretary of state shall publish the renewal of the emergency rule in the register as provided in section 41-1013 and publish the rule in the code.

E. A rule that is made pursuant to this chapter shall repeal an emergency rule made, amended or repealed if the emergency is still effective within the one hundred eighty-day period.

F. On expiration of the one hundred eighty-day period, the secretary of state shall remove the emergency rule from the code. If a rule has not been made pursuant to subsection E of this section, the rule in place before the emergency is restored.
A.R.S. § 41-1462 — Arizona Code / Title 41 / Chapter 9 / Article 4 / Section 1462
41-1462 Exemption; nonresident aliens, religious institutions
Status: in_force

41-1462. Exemption; nonresident aliens, religious institutions

This article does not apply to an employer with respect to the employment of aliens outside any state or to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities.
A.R.S. § 41-2412 — Arizona Code / Title 41 / Chapter 21 / Article 1 / Section 2412
41-2412 Arizona automated fingerprint identification system advisory board; duties
Status: in_force

41-2412. Arizona automated fingerprint identification system advisory board; duties

A. The Arizona automated fingerprint identification system advisory board is established to oversee the development, operation and maintenance of the Arizona automated fingerprint identification system. The advisory board shall make recommendations to the department of public safety:

1. On system policies and procedures.

2. Relating to expansion of the system.

B. The advisory board consists of the following members:

1. The director of the department of public safety.

2. The sheriff of Maricopa county.

3. The sheriff of Pima county.

4. A sheriff designated by the Arizona sheriffs' association.

5. A chief of police designated by the Arizona chiefs' of police association.

6. Two prosecuting attorneys designated by the Arizona prosecuting attorney's advisory council.
A.R.S. § 41-1064 — Arizona Code / Title 41 / Chapter 6 / Article 6 / Section 1064
41-1064 Licenses; renewal; revocation; suspension; annulment; withdrawal
Status: in_force

41-1064. Licenses; renewal; revocation; suspension; annulment; withdrawal

A. When the grant, denial or renewal of a license is required to be preceded by notice and an opportunity for a hearing, the provisions of this article concerning contested cases apply.

B. When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.

C. No revocation, suspension, annulment or withdrawal of any license is lawful unless, prior to the action, the agency provides the licensee with notice and an opportunity for a hearing in accordance with this chapter. If the agency finds that the public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.
A.R.S. § 41-334 — Arizona Code / Title 41 / Chapter 2 / Article 2 / Section 334
41-334 Notarial services; notarial acts; businesses; definition
Status: in_force

41-334. Notarial services; notarial acts; businesses; definition

A. If an entity does not provide an option to notarize documents at a physical location without charge or cost, individuals seeking notarization may use the services of any notarial officer who is authorized to perform the notarial act pursuant to the laws of the notarial officer's commissioning state.

B. For the purposes of this section, "entity":

1. Has the same meaning prescribed in section 10-140.

2. Includes a business organization that maintains a physical location in this state for the purpose of direct interaction with customers.
A.R.S. § 41-793.02 — Arizona Code / Title 41 / Chapter 4 / Article 7 / Section 793.02
41-793.02 Renovation or replacement of state buildings; building life extension study; definition
Status: in_force

41-793.02. Renovation or replacement of state buildings; building life extension study; definition

A. To ensure that proper consideration is given to economically effective options for extending the life of an existing building, the agency responsible for each building system that is established pursuant to section 41-793, subsection A may support each request for funding of the renovation and shall support each request for funding of the replacement of a building with a floor area greater than twenty-five thousand square feet with a building life extension study.

B. The building life extension study shall calculate:

1. The current service life of the building by considering:

(a) The design life of the major components of the building.

(b) The installed cost of the major components.

(c) The remaining useful life of the major components.

2. The cost of extending the service life by five, ten and twenty-five years respectively.

C. The agency shall compare the calculations with the proposed cost and extended service life of the proposed renovated or replaced building.

D. For the purposes of this section, "major component" includes the following elements of a building:

1. Foundation.

2. Roofing.

3. Interior construction.

4. Plumbing.

5. Electrical systems.

6. Heating and cooling systems.
A.R.S. § 41-1304.06 — Arizona Code / Title 41 / Chapter 8 / Article 1 / Section 1304.06
41-1304.06 Authorization for collection of rental; basis of payment; exception; definition
Status: in_force

41-1304.06. Authorization for collection of rental; basis of payment; exception; definition

A. Each state department and each state agency when using space under the jurisdiction of the legislative council or the speaker of the state house of representatives or the president of the state senate shall pay a rental as prescribed in subsection B to the legislative council, speaker or president, as appropriate, for deposit in the capital outlay stabilization fund.

B. The rental authorized by the terms of subsection A shall be determined by the joint legislative budget committee after recommendation by the speaker and president prior to the beginning of each fiscal year. The agency shall pay rent in one annual payment regardless of whether the department or agency is funded in whole or in part by state monies.

C. This section does not apply to the secretary of state if the space used pursuant to this section is primarily being used by the Arizona state library, archives and public records for the purposes prescribed by statute.

D. For the purposes of this section, "state department" or "state agency" means any department or agency of the executive or judicial branch of state government.
A.R.S. § 41-1236 — Arizona Code / Title 41 / Chapter 7 / Article 8.1 / Section 1236
41-1236 Reports and statements under penalty of perjury
Status: in_force

41-1236. Reports and statements under penalty of perjury

All reports and statements required under this article shall be made under penalty of perjury.
A.R.S. § 41-2823 — Arizona Code / Title 41 / Chapter 26 / Article 1 / Section 2823
41-2823 Escape of youth committed to department; aiding in escape; violation; classification
Status: in_force

41-2823. Escape of youth committed to department; aiding in escape; violation; classification

A. It is unlawful for a youth who is committed to the department by the superior court and who is confined in any state secure care facility under the jurisdiction of the department or any other secure care facility in which such youth are confined under contractual agreement with the department to escape from such facility or from the lawful custody of any law enforcement officer or an employee of the department.

B. The officers and employees of the department have the powers and privileges of peace officers as far as necessary to arrest committed youth who have escaped from any secure care facility, as provided in subsection A. On verbal or written request of the director or the director's designee, any peace officer shall apprehend or take into custody, without the necessity of a warrant or court order, an escaped committed youth and deliver the committed youth to the custody of the department immediately.

C. A person who knowingly permits or aids a committed youth confined to a state institution or facility as provided in subsection A to escape or conceals any committed youth with the intent of enabling that offender to elude pursuit is guilty of a class 6 felony.
A.R.S. § 41-133 — Arizona Code / Title 41 / Chapter 1 / Article 2 / Section 133
41-133 Officeholder expenses; account; reporting; limitations; civil penalty; definition
Status: in_force

41-133. Officeholder expenses; account; reporting; limitations; civil penalty; definition

A. Any person who holds elected statewide public office or a legislative office in this state, whether by election or appointment, may receive or spend monies to defray the costs of performing officeholder duties as follows:

1. An officeholder may receive contributions pursuant to this section only from individuals, and the maximum amount that may be received from an individual during an election cycle is one hundred fifty dollars.

2. The total amount that an officeholder may receive or spend pursuant to this section during an election cycle is ninety-eight thousand three hundred sixty dollars for the governor, fifty-one thousand six hundred eighty dollars for the secretary of state and the attorney general, twenty-five thousand eight hundred forty dollars for all other statewide officeholders and nine thousand eight hundred dollars for a legislator, which may include personal monies as prescribed by paragraph 3 of this subsection. The secretary of state shall adjust this amount biennially as prescribed in section 16-931.

3. An officeholder may contribute up to thirty percent of the limits as prescribed by paragraph 2 of this subsection of the officeholder's personal monies to the officeholder's expense account.

B. For an officeholder's future campaign monies received do not constitute a contribution as defined in section 16-901 if the monies are received, expended and reported as prescribed in this section.

C. An officeholder shall establish a separate account for officeholder expenses, which shall be separate from any candidate campaign account.  The officeholder shall file a statement of organization for the account designated as an officeholder expense account.  Monies raised or spent for officeholder expenses shall be reported under campaign finance reporting requirements pursuant to title 16, chapter 6, articles 1, 1.1, 1.2, 1.3, 1.4, 1.5, 1.6 and 1.7.

D. An officeholder shall not use monies in the officeholder account for campaign purposes.  Permissible uses of monies in an officeholder account include the following:

1. Office equipment and supplies.

2. Travel related to the officeholder's duties.

3. Meeting or communicating with constituents.

4. Expenses for informational and educational purposes, including subscriptions to newspapers, magazines or other periodicals or websites or other informational services, membership or participation in community, professional or fraternal organizations and participation in conferences and seminars.

E. An officeholder shall not receive or spend monies from the officeholder account during the period beginning April 30 in an election year, shall complete the purchase or otherwise use the item before April 30 in an election year and shall not spend those monies until after the day of the general election. Any monies remaining in the officeholder expense account beginning April 30 in an election year may not be used except as follows:

1. Paid to the state general fund.

2. For a person who continues to hold office as prescribed in this section, carried forward to an officeholder expense account for another office or term of office, subject to the limitations prescribed by this section.

3. Donated to a political committee other than a person's exploratory committee or a candidate's campaign committee, unless the officeholder continues to hold office as prescribed in this section or the officeholder holds any other elected office immediately following completion of the officeholder's term.

4. Donated to an organization that qualifies under section 501(c)(4) of the United States internal revenue code, unless the officeholder continues to hold office as prescribed in this section or the officeholder holds any other elected office immediately following completion of the officeholder's term.

F. Except as prescribed in subsection E of this section, an officeholder shall not transfer officeholder account monies to any other account or committee except for another officeholder account for that same officeholder.

G. Section 41-1234.01 applies to contributions to an officeholder account for legislators.

H. A person who violates this section is subject to a civil penalty of three times any amount improperly received, spent or reported.

I. Sections 16-937 and 16-938 apply for the implementation and enforcement of this section.

J. Any monies held by an officeholder pursuant to the officeholder expense account rules established by the citizens clean elections commission are subject to this section, and the citizens clean elections commission has no further authority with respect to those monies.

K. For the purposes of this section, "officeholder" means a person who holds an elected statewide public office or a legislative office in this state, whether by election or appointment.
A.R.S. § 41-194.01 — Arizona Code / Title 41 / Chapter 1 / Article 5 / Section 194.01
41-194.01 Violations of state law by counties, cities and towns; attorney general investigation; report; withholding of state shared revenues; notice of violation
Status: repealed

41-194.01. Violations of state law by counties, cities and towns; attorney general investigation; report; withholding of state shared revenues; notice of violation

(L21, Ch. 403, sec. 18)

A. At the request of one or more members of the legislature, the attorney general shall investigate any ordinance, regulation, order or other official action adopted or taken by the governing body of a county, city or town or any written policy, written rule or written regulation adopted by any agency, department or other entity of the county, city or town that the member alleges violates state law or the Constitution of Arizona.

B. The attorney general shall make a written report of findings and conclusions as a result of the investigation within thirty days after receipt of the request and shall provide a copy of the report to the governor, the president of the senate, the speaker of the house of representatives, the member or members of the legislature making the original request and the secretary of state.  If the attorney general concludes that the ordinance, regulation, order, written policy, written rule or other action under investigation:

1. Violates any provision of state law or the Constitution of Arizona, the attorney general shall provide notice to the county, city or town, by certified mail, of the violation and shall indicate that the county, city or town has thirty days to resolve the violation. If the attorney general determines that the county, city or town has failed to resolve the violation within thirty days, the attorney general shall:

(a) Notify the state treasurer who shall withhold and redistribute state shared monies from the county, city or town as provided by section 42-5029, subsection L and from the city or town as provided by section 43-206, subsection F.

(b) Continue to monitor the response of the governing body, and when the offending ordinance, regulation, order or action is repealed or the violation is otherwise resolved, the attorney general shall notify:

(i) The governor, the president of the senate, the speaker of the house of representatives and the member or members of the legislature making the original request that the violation has been resolved.

(ii) The state treasurer to restore the distribution of state shared revenues to the county, city or town.

2. May violate a provision of state law or the Constitution of Arizona, the attorney general shall file a special action in the supreme court to resolve the issue, and the supreme court shall give the action precedence over all other cases.  The court shall require the county, city or town to post a bond equal to the amount of state shared revenues paid to the county, city or town pursuant to sections 42-5029 and 43-206 in the preceding six months.

3. Does not violate any provision of state law or the Constitution of Arizona, the attorney general shall take no further action pursuant to this section.

C. Before a member of the legislature may request an investigation by the attorney general of any written policy, written rule or written regulation adopted by any agency, department or other entity of a county, city or town pursuant to subsection A of this section, the member of the legislature shall first provide a written notification of the alleged violation of state law or the Constitution of Arizona to the chief executive officer or governing body of the county, city or town.  If the county, city or town does not repeal or otherwise resolve the violation within sixty days after receiving the notification, the member or members of the legislature may request an investigation by the attorney general pursuant to this section.
A.R.S. § 41-1304.02 — Arizona Code / Title 41 / Chapter 8 / Article 1 / Section 1304.02
41-1304.02 Preparing the statutes for publication; revisions
Status: in_force

41-1304.02. Preparing the statutes for publication; revisions

A. The director of the Arizona legislative council, in carrying out section 41-1304.01, subsection A, paragraphs 4 and 5, shall not alter the sense, meaning or effect of any law but may:

1. Renumber sections and parts of sections of newly enacted text.

2. Rearrange sections, parts of sections, articles, chapters and titles.

3. Change reference numbers to agree with renumbered sections, parts of sections, articles, chapters or titles.

4. Substitute the proper section, article, chapter or title for the terms "the preceding section", "this article" and "this act" and similar terms.

5. Substitute the actual date for the terms "the effective date of this section" and "the effective date of this amendment to this section" and similar terms.

6. Strike out figures where they are merely a repetition of written words.

7. Change capitalization for the purpose of uniformity.

8. Correct manifest clerical, typographical and electronic database errors in statutory and nonstatutory text.

B. The director shall:

1. Omit from the statutes all temporary laws, all titles to acts, all enacting and repealing clauses, all declarations of emergency, and all purpose, validity and construction clauses unless, from their nature, it may be necessary to retain some of them to preserve the full meaning and intent of the law.

2. Include in the statutes any provision that was enacted as temporary law but that, by its nature, will have continuing application or effect.

C. The director shall not undertake to make any change of:

1. Existing laws, it being the intention of this section that the director shall in no manner assume to exercise legislative power.

2. A provision that is subject to a referendum until the provision becomes law as provided in the Constitution of Arizona.
A.R.S. § 41-3026.06 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3026.06
41-3026.06 Barbering and cosmetology board; termination July 1, 2026
Status: repealed

41-3026.06. Barbering and cosmetology board; termination July 1, 2026

A. The barbering and cosmetology board terminates on July 1, 2026.

B. Title 32, chapter 5 and this section are repealed on January 1, 2027.
A.R.S. § 41-2558 — Arizona Code / Title 41 / Chapter 23 / Article 3 / Section 2558
41-2558 General services administration contracts
Status: in_force

41-2558. General services administration contracts

Notwithstanding sections 41-2533 and 41-2534, the director or the director's designee may evaluate general services administration contracts for materials and services. The director or the director's designee may authorize a purchasing agency to make purchases under a contract approved by the director or the director's designee without complying with the requirements prescribed in section 41-2533 or 41-2534 if the director or the director's designee determines all of the following apply:

1. The price is equal to or less than the contractor's current federal supply contract price.

2. The contractor has indicated in writing that the contractor is willing to extend the current federal supply contract pricing, terms and conditions.

3. The purchase order adequately identifies the federal supply contract on which the order is based.

4. It is cost-effective and in the best interests of this state.
A.R.S. § 41-1604.18 — Arizona Code / Title 41 / Chapter 11 / Article 1 / Section 1604.18
41-1604.18 Community reentry work program; eligibility; victim notification; compensation; violation; classification
Status: in_force

41-1604.18. Community reentry work program; eligibility; victim notification; compensation; violation; classification

A. The director may authorize an eligible inmate who is within ninety days of the inmate's earliest release date to participate in a community reentry work program.  The director shall adopt rules to implement the community reentry work program, including eligibility criteria for the selection of inmates.  To be eligible, at a minimum, the inmate must:

1. Not have been convicted at any time of any of the following:

(a) A violation of title 13, chapter 13, 14 or 17.

(b) A violent crime as defined in section 13-901.03.

(c) A dangerous crime against children as defined in section 13-705.

2. Not currently be serving a sentence for a domestic violence offense pursuant to section 13-3601.

3. Be classified by the department as a low risk to the community.

4. Not have any felony detainers or United States immigration and customs enforcement detainers.

5. Not have previously escaped or attempted to escape from a secure or nonsecure jail or prison facility or environment.

6. Have made satisfactory progress on the inmate's individualized corrections plan as determined by the department.

7. Have maintained civil behavior while incarcerated as determined by the department.

8. Be current on any restitution payments ordered by a court pursuant to section 13-603.

9. Have a need and ability to benefit from a community reentry work program as determined by the department.

B. The department must notify and afford an opportunity to be heard to the victim of the offense for which the inmate is incarcerated if the victim has provided a current address or other contact information.  The notice must include the name of the inmate, the offense for which the inmate was sentenced, the length of the sentence and the date of admission to the custody of the department.  The notice must inform the victim of the victim's right to submit a written statement to the director expressing the victim's opinion on the inmate's participation in the community reentry work program within twenty days after the department has mailed the notice to the victim.

C. An inmate who participates in the community reentry work program must:

1. Comply with all community reentry work program rules and any other terms and conditions that the director requires.

2. Maintain gainful employment.

3. Continue to make any court-ordered restitution payments.

4. Agree to provide all compensation that the inmate receives while participating in the program to the department for deposit in the inmate's account.

D. The director may remove an inmate from the community reentry work program if the director determines that the inmate has failed to comply with any program rule, term or condition or that the best interests of the state would be served by removing the inmate from the community reentry work program.

E. Sections 31-254 and 41-1624.01 do not apply to the compensation that an inmate earns while in the community reentry work program.  The department is authorized to charge and collect a percentage of the inmate's compensation, as determined by the director, for the cost of the inmate's room and board. The director may deduct monies from the inmate's account to pay restitution, costs and fines that are owed by the inmate.

F. An inmate who is absent without leave from a facility in the community reentry work program is guilty of a class 5 felony. The sentence for a violation of this section shall be served consecutively pursuant to section 13-711, subsection B.