A.R.S. § 41-1279.07 — Arizona Code / Title 41 / Chapter 7 / Article 10.1 / Section 1279.07
41-1279.07 Uniform expenditure reporting system; reports by counties, community college districts, cities and towns; certification and attestation; assistance by auditor general; attorney general investigation; violation; classification
Status: in_force

41-1279.07. Uniform expenditure reporting system; reports by counties, community college districts, cities and towns; certification and attestation; assistance by auditor general; attorney general investigation; violation; classification

A. The auditor general shall prescribe a uniform expenditure reporting system for all political subdivisions subject to the constitutional expenditure limitations prescribed by article IX, sections 20 and 21, Constitution of Arizona. The system shall include:

1. For counties:

(a) An annual expenditure limitation report that includes at least the following information:

(i) The expenditure limitation established for the reporting fiscal year by the economic estimates commission.

(ii) Total expenditures, by fund, for the reporting fiscal year.

(iii) Total exclusions from local revenues, as defined by article IX, section 20, Constitution of Arizona, by fund, for the reporting fiscal year.

(iv) Total amounts, by fund, of expenditures subject to the expenditure limitation for the reporting fiscal year.

(b) Annual financial statements prepared in accordance with generally accepted accounting principles.

(c) A reconciliation of the total expenditures reported within the financial statements to the total expenditures stated within the expenditure limitation report.

2. For community college districts:

(a) An annual budgeted expenditure limitation report that includes at least the following information:

(i) The expenditure limitation established for the reporting fiscal year by the economic estimates commission.

(ii) Total budgeted expenditures for the reporting fiscal year.

(iii) Total exclusions from local revenues, as defined by article IX, section 21, Constitution of Arizona, for the reporting fiscal year.

(iv) Total amounts of budgeted expenditures subject to the expenditure limitation for the reporting fiscal year.

(b) Annual financial statements prepared in accordance with generally accepted accounting principles.

(c) A reconciliation of the total expenditures reported within the financial statements to the total expenditures reported within the expenditure limitation report.

3. For cities and towns:

(a) An annual expenditure limitation report that includes at least the following information:

(i) The expenditure limitation established for the reporting fiscal year by the economic estimates commission and, if applicable, the voter approved alternative expenditure limitation.

(ii) Total expenditures, by fund, for the reporting fiscal year.

(iii) Total exclusions from local revenues, as defined by article IX, section 20, Constitution of Arizona, by fund, for the reporting fiscal year or, if applicable, the total exclusions from the voter approved alternative expenditure limitation.

(iv) Total amounts, by fund, of expenditures subject to the expenditure limitation for the reporting fiscal year.

(b) Financial statements prepared in accordance with generally accepted accounting principles.

(c) A reconciliation of the total expenditures reported within the financial statements to the total expenditures reported within the expenditure limitation report.

B. The auditor general shall provide detailed instructions for completion and submission of the reports described in subsection A of this section. The auditor general shall prescribe definitions for terms used in and the form of the reports described in subsection A of this section. The reports described in subsection A of this section are required of counties and community college districts beginning with fiscal year 1981-1982. The reports described in subsection A of this section are required of cities and towns beginning with the fiscal year the political subdivision is subject to the expenditure limitation. The annual reporting requirements also apply to political subdivisions subject to an alternative expenditure limitation enacted pursuant to article IX, section 20, subsection (9), Constitution of Arizona.

C. The reports described in subsection A of this section must be filed with the auditor general within nine months after the close of each fiscal year.

D. The auditor general or a certified public accountant performing the annual audit required pursuant to sections 41-1279.21 and 9-481 shall attest to the expenditure limitation reports and financial statements for counties, community college districts and cities. The certified public accountant performing the annual or biennial audit required pursuant to section 9-481 shall attest to the expenditure limitation reports and financial statements for towns.

E. The governing body of each political subdivision shall provide to the auditor general by July 31 each year the name of the chief fiscal officer designated by the governing body of the political subdivision to officially submit the current fiscal year's expenditure limitation report on behalf of the governing body. The governing body of the political subdivision shall notify the auditor general of any changes of individuals designated to file the required reports. The designated chief fiscal officer shall certify to the accuracy of the annual expenditure limitation report.

F. The auditor general shall prescribe forms for the uniform reporting system and may provide assistance to individuals, certified public accountants or public accountants responsible for attesting to the expenditure limitation reports and financial statements.

G. Each political subdivision, subject to the expenditure limitations prescribed by article IX, sections 20 and 21, Constitution of Arizona, shall comply with the uniform expenditure reporting system, instructions and forms prescribed by the auditor general. The auditor general may notify the committee and the attorney general if any political subdivision does not comply with the uniform expenditure reporting system, instructions or forms prescribed by the auditor general. The attorney general may file a petition for special action in any court of competent jurisdiction to compel any political subdivision to comply with this section. The attorney general may apply for injunctive relief in any court of competent jurisdiction to enjoin any political subdivision from violating this section. Injunctive and special action proceedings are in addition to all other penalties and other remedies prescribed by law.

H. A chief fiscal officer, designated pursuant to subsection E of this section, who subsequent to July 1, 1983 refuses to file the reports required by this section within the prescribed time periods or who intentionally files erroneous reports is guilty of a class 1 misdemeanor.  A city or town exceeding the expenditure limitation prescribed or authorized pursuant to article IX, section 20, Constitution of Arizona, for any fiscal year, without authorization pursuant to such section, shall have the amount specified in subsection I of this section of its allocations of the state income tax, distributed pursuant to section 43-206, withheld and redistributed to other cities and towns in the same manner as determined pursuant to that section, except that the population of the city or town exceeding the expenditure limitation shall not be included in the computation, and the city or town exceeding the expenditure limitation shall not be entitled to share in the redistribution. A community college district exceeding the expenditure limitation prescribed pursuant to article IX, section 21, Constitution of Arizona, for any fiscal year, without authorization pursuant to such section or section 15-1471, shall have the amount specified in subsection I of this section of its allocations of state aid, distributed pursuant to section 15-1466, withheld.

I. The auditor general shall hold a hearing to determine if any political subdivision has exceeded the expenditure limitations prescribed pursuant to article IX, sections 20 and 21, Constitution of Arizona. If a county has exceeded the expenditure limitations prescribed pursuant to article IX, section 20, Constitution of Arizona, without authorization pursuant to that section, the auditor general shall notify the board of supervisors of the county to reduce the allowable levy of primary property taxes of the county pursuant to section 42-17051, subsection C. If any political subdivision other than a county has exceeded the expenditure limitations prescribed pursuant to article IX, sections 20 and 21, Constitution of Arizona, without authorization, the auditor general shall notify the state treasurer to withhold a portion of the political subdivision's allocations of the revenues described in subsection H of this section for the fiscal year subsequent to the auditor general's hearing as follows:

1. If the excess expenditures are less than five percent of the limitation, an amount equal to the excess expenditures.

2. If the excess expenditures are equal to or greater than five percent but less than ten percent of the limitation, or are less than five percent of the limitation but it is at least the second consecutive instance of excess expenditures, an amount equal to triple the excess expenditures.

3. If the excess expenditures are equal to or greater than ten percent of the limitation, an amount equal to five times the excess expenditures or one-third of the allocation of the revenues described in subsection H of this section, whichever is less.

J. A county, city or town is not deemed to have exceeded the expenditure limitation if the county, city or town makes expenditures for capital improvements from utility revenues pursuant to title 9, chapter 5, article 3 or from excise taxes levied by the county, city or town for a specific purpose and the county, city or town repays the expenditure from the proceeds of bonds or other lawful long-term obligations before the hearing required by subsection I of this section.
A.R.S. § 41-1720 — Arizona Code / Title 41 / Chapter 12 / Article 2 / Section 1720
41-1720 Parity compensation fund
Status: in_force

41-1720. Parity compensation fund

A. The parity compensation fund is established consisting of monies deposited pursuant to section 28-5808 and monies appropriated by the legislature. The department shall administer the fund and, considering state revenues and state employee pay adjustments.  The department shall spend monies from the fund for salaries and benefits for law enforcement personnel that the department determines will enhance the ability of the department to successfully recruit and retain qualified law enforcement personnel.  In determining the amount of the expenditures from the fund, the department shall annually establish and consider benchmarks based on the average total compensation for each comparable law enforcement personnel rank of the department's three largest county or municipal peer law enforcement agencies in this state. For the purposes of this subsection, "total compensation" includes base salary, educational incentive pay, physical performance pay, longevity pay and retirement contributions made by an employer on behalf of an employee.

B. On notice from the department, 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 fund.

C. Fund monies:

1. Do not revert to the state general fund.

2. Are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

3. Are subject to legislative appropriation.
A.R.S. § 41-1491.31 — Arizona Code / Title 41 / Chapter 9 / Article 7 / Section 1491.31
41-1491.31 Civil action
Status: in_force

41-1491.31. Civil action

A. An aggrieved person may file a civil action in superior court not later than two years after the occurrence of the termination of an alleged discriminatory housing practice or the breach of a conciliation agreement entered into under this article, whichever occurs last, to obtain appropriate relief with respect to the discriminatory housing practice or breach.

B. The two year period does not include any time elapsed between the filing of any court procedure to enforce an administrative subpoena and is not jurisdictional but is a statute of limitations subject to principles of estoppel, tolling and waiver.

C. An aggrieved person may file an action under this section whether or not a complaint has been filed under section 41-1491.22 and without regard to the status of any complaint filed under section 41-1491.22. The filing of an action under this section does not affect the attorney general's power and duty to investigate and make determinations based on the aggrieved person's administrative complaint.

D. If the attorney general has obtained a conciliation agreement with the consent of an aggrieved person, the aggrieved person may not file an action under this section with respect to the alleged discriminatory housing practice that forms the basis for the complaint except to enforce the terms of the agreement.

E. An aggrieved person may intervene in a civil action filed by the attorney general and based on that person's administrative complaint.

F. The rights granted by 42 United States Code sections 3603, 3604, 3605 and 3606 may be enforced in any civil action brought pursuant to this section.
A.R.S. § 41-2308 — Arizona Code / Title 41 / Chapter 19 / Article 1 / Section 2308
41-2308 Special sporting events; promotion and marketing; report; appropriation; definitions
Status: in_force

41-2308. Special sporting events; promotion and marketing; report; appropriation; definitions

A. Beginning from and after June 30, 2021, the state treasurer shall pay from monies appropriated pursuant to this section $1,500,000 per fiscal year, in twelve equal monthly installments, to the office of tourism for the purposes described in this section.  The office of tourism shall deposit the monies in a separate fund and shall use the monies to promote and market a special sporting event at a host facility.  For the purposes of this section, the office of tourism shall contract with a promotion and marketing vendor that has the requisite capabilities and expertise to promote and market a special sporting event, but the office of tourism is not limited to a vendor on statewide contract for marketing services. If the office of tourism develops a competitive solicitation for a promotion and marketing vendor, the office of tourism, in consultation with the host facility, shall develop the qualifications, specifications and evaluation factors for the competitive solicitation in accordance with chapter 23 of this title and rules adopted pursuant to chapter 23 of this title. The procurement evaluation committee that consists of a representative of the state procurement office, the office of tourism and the host facility shall evaluate and recommend a vendor. On or before October 1 of each year, the office of tourism shall report to the joint legislative budget committee the amounts and purposes of all expenditures made pursuant to this subsection in the previous fiscal year.

B. The treasurer may make the payments prescribed in subsection A of this section if the special sporting event project cost incurred from and after December 31, 2016 is at least $100,000,000.

C. The host facility shall report to the joint legislative budget committee and the governor's office of strategic planning and budgeting that it has incurred the special sporting event project cost prescribed in subsection B of this section on or before December 31, 2020.  The joint legislative budget committee shall certify the expenditures reported by the host facility.

D. If the requirements of subsections B and C of this section are met, the sum of $1,500,000 is appropriated annually from the state general fund to the state treasurer for the purposes of this section beginning in fiscal year 2021-2022 and ending in fiscal year 2050-2051.

E. For the purposes of this section:

1. "Host facility" means a complex facility in this state that has fixed seating, that requires a ticket for admission for viewing a sporting event and that was chosen to host a special sporting event by a site selection organization through a competitive selection process that included consideration of at least one facility that is not located in this state.

2. "Special sporting event" means a sporting event that is sanctioned by a nationally recognized premier national auto racing series governing body that establishes an annual schedule of sporting events and grants rights to conduct the events, that has established and administers rules and regulations governing all participants involved in the events and all persons conducting the events and that requires certain liability assurances, including insurance.

3. "Special sporting event project" means:

(a) The acquisition of land subject to property tax in this state to construct a host facility for a special sporting event.

(b) The construction, reconstruction, improvement or renovation of improvements to land subject to property tax in this state of a host facility for a special sporting event.

4. "Special sporting event project cost" means the monies spent from and after December 31, 2016 by the owner of the host facility on the special sporting event project.
A.R.S. § 41-3026.12 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3026.12
41-3026.12 Arizona regulatory board of physician assistants; termination July 1, 2026
Status: repealed

41-3026.12. Arizona regulatory board of physician assistants; termination July 1, 2026

A. The Arizona regulatory board of physician assistants terminates on July 1, 2026.

B. Title 32, chapter 25 and this section are repealed on January 1, 2027.
A.R.S. § 41-842 — Arizona Code / Title 41 / Chapter 4.1 / Article 4 / Section 842
41-842 Permits to explore
Status: in_force

41-842. Permits to explore

A. Only institutions, organizations or corporations organized for scientific, research or land use planning purposes may pursue any activity prescribed in section 41-841.

B. No such activity may be undertaken until a permit is first secured therefor from the director of the Arizona state museum.

C. Permits shall be granted by the director for such periods of time and under such regulations as he may from time to time determine to institutions, organizations or corporations which are qualified to conduct such activities and which shall undertake to propagate the knowledge to be gained and to preserve permanently all objects, photographs and records in public repositories under their own supervision or control, or the supervision or control of other similar institutions, organizations or corporations.
A.R.S. § 41-2803 — Arizona Code / Title 41 / Chapter 26 / Article 1 / Section 2803
41-2803 Director; appointment; qualifications; compensation
Status: in_force

41-2803. Director; appointment; qualifications; compensation

A. The director of the department shall be appointed by the governor pursuant to section 38-211 and shall serve at the pleasure of the governor.

B. The director, as minimum qualifications, shall have administrative experience in youth rehabilitative and treatment programs and educational qualifications and training which enable the director to manage the department in a manner consistent with the mission and purpose of the department.

C. The compensation of the director shall be as determined pursuant to section 38-611.
A.R.S. § 41-174 — Arizona Code / Title 41 / Chapter 1 / Article 4 / Section 174
41-174 Access to public records and state offices
Status: in_force

41-174. Access to public records and state offices

The state treasurer shall have free access to the office of the department of administration for the inspection of all books, accounts and papers of the department and free access to all other offices of the state for the inspection of books, accounts and papers which concern any of his duties.
A.R.S. § 41-2574 — Arizona Code / Title 41 / Chapter 23 / Article 5 / Section 2574
41-2574 Contract performance and payment bonds
Status: in_force

41-2574. Contract performance and payment bonds

A. The following bonds or security is required and is binding on the parties to the contract if the value of a construction award exceeds the amount established by section 41-2535:

1. A performance bond that is executed and furnished as required under title 34, chapter 2, article 2 or chapter 6, as applicable, in an amount equal to one hundred percent of the price specified in the contract conditioned on the faithful performance of the contract in accordance with the plans, specifications and conditions of the contract, except that:

(a) For job-order-contracting construction services, the performance bond shall cover the full amount of construction under the job-order-contracting construction services contract, shall not include any design services, preconstruction services, finance services, maintenance services, operations services or other related services included in the contract, may be a single bond for the full term of the contract, a separate bond for each year of a multiyear contract or a separate bond for each job order, as determined by the purchasing agency, and, if a single bond for the full term of the contract or a separate bond for each year of a multiyear contract, shall initially be based on the purchasing agency's reasonable estimate of the amount of construction that the purchasing agency believes is likely to actually be done during the full term of the contract or during the particular year of a multiyear contract, as applicable.

(b) For construction-manager-at-risk construction services and design-build construction services, the amount of the performance bond shall be the price of construction and shall not include the cost of any design services, preconstruction services, finance services, maintenance services, operations services and other related services included in the contract.  This bond is solely for the protection of this state.  The conditions and provisions of the performance bond regarding the surety's obligations shall follow the form required under section 34-222, subsection G or section 34-610, subsection G, as applicable.

2. A payment bond that is executed and furnished as required by title 34, chapter 2, article 2 or chapter 6, as applicable, in an amount equal to one hundred percent of the price specified in the contract for the protection of all persons supplying labor or material to the contractor or its subcontractors for the performance of the construction provided for in the contract, except that:

(a) For job-order-contracting construction services, the payment bond shall cover the full amount of construction under the job-order-contracting construction services contract, shall not include any design services, preconstruction services, finance services, maintenance services, operations services or other related services included in the contract, may be a single bond for the full term of the contract, a separate bond for each year of a multiyear contract or a separate bond for each job order, as determined by the purchasing agency, and, if a single bond for the full term of the contract or a separate bond for each year of a multiyear contract, shall initially be based on the purchasing agency's reasonable estimate of the amount of construction that the purchasing agency believes is likely to actually be done during the full term of the contract or during the particular year of a multiyear contract, as applicable.

(b) For construction-manager-at-risk construction services and design-build construction services, the amount of the payment bond shall be the price of construction and shall not include the cost of any design services, preconstruction services, finance services, maintenance services, operations services or other related services included in the contract.  The conditions and provisions of the payment bond regarding the surety's obligations shall follow the form required under section 34-222, subsection F or section 34-610, subsection F, as applicable.

B. For design-bid-build construction, the bonds prescribed in subsection A of this section shall be provided on and at the same time as execution of the construction contract.  For construction-manager-at-risk, design-build and job-order-contracting construction services, the bonds prescribed in subsection A of this section shall be provided only on and at the same time as execution of a contract or an amendment to a contract that commits the contractor to provide construction for a fixed price, guaranteed maximum price or other fixed amount within a designated time frame.

C. If the prime contract or specifications require any persons supplying labor or materials in the prosecution of the work to furnish payment or performance bonds, these bonds shall be executed solely by a surety company or companies holding a certificate of authority to transact surety business in this state issued by the director of the department of insurance and financial institutions pursuant to title 20, chapter 2, article 1. Notwithstanding any other statute, the bonds shall not be executed by an individual surety or sureties, even if the requirements of section 7-101 are satisfied.
A.R.S. § 41-2546 — Arizona Code / Title 41 / Chapter 23 / Article 3 / Section 2546
41-2546 Multiterm contracts
Status: in_force

41-2546. Multiterm contracts

A. Unless otherwise provided by law, a contract for materials or services may be entered into for a period of time up to five years and a contract for job-order-contracting construction services may also be entered into for a period of time up to five years, as deemed to be in the best interest of this state, if the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and monies are available for the first fiscal period at the time of contracting.  Notwithstanding any other law, a contract, including contracts not otherwise subject to this chapter, may be entered into for materials or services for a period of time exceeding five years if, under rules adopted pursuant to this chapter, the director determines in writing that such a contract would be advantageous to this state. Payment and performance obligations for succeeding fiscal periods are subject to the availability and appropriation of monies.

B. Before the use of a multiterm contract, it shall be determined in writing that:

1. Estimated requirements cover the period of the contract and are reasonable and continuing.

2. Such a contract will serve the best interests of this state by encouraging effective competition or otherwise promoting economies in state procurement.

C. If monies are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the contractor may only be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the materials or services delivered under the contract or which are otherwise not recoverable. The cost of cancellation may be paid from any appropriations available for such purposes.
A.R.S. § 41-1066 — Arizona Code / Title 41 / Chapter 6 / Article 6 / Section 1066
41-1066 Compulsory testimony; privilege against self-incrimination
Status: in_force

41-1066. 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 him may tend to incriminate him or subject him to a penalty or forfeiture unless it constitutes the compelled testimony or the private papers of the person which 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 prior to the production of the testimony or papers.

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

C. Evidence produced pursuant to subsection B 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 his private papers.
A.R.S. § 41-1525 — Arizona Code / Title 41 / Chapter 10 / Article 1 / Section 1525
41-1525 Arizona quality jobs incentives; tax credits for new employment; qualifications; definitions
Status: in_force

41-1525. Arizona quality jobs incentives; tax credits for new employment; qualifications; definitions

A. The owner of a business that is located in this state before July 2025 is eligible for income tax credits under section 43-1074 or 43-1161 or an insurance premium tax credit under section 20-224.03 for net increases in full-time employees residing in this state and hired in qualified employment positions in this state.

B. To qualify under this section, and subject to preapproval by the authority, the business must meet at least one of the following requirements for each location of the business before it claims a first year tax credit for the location:

1. Invest at least $5,000,000 of capital investment and create at least twenty-five net new qualified employment positions that pay compensation at least equal to one hundred percent of the county median wage as computed annually by the authority in an urban location.

2. Invest at least $2,500,000 of capital investment and create at least twenty-five net new qualified employment positions that pay compensation at least equal to one hundred twenty-five percent of the county median wage as computed annually by the authority in an urban location.

3. Invest at least $1,000,000 of capital investment and create at least twenty-five net new qualified employment positions that pay compensation at least equal to one hundred fifty percent of the county median wage as computed annually by the authority in an urban location.

4. Invest at least $500,000 of capital investment and create at least twenty-five net new qualified employment positions that pay compensation at least equal to two hundred percent of the county median wage as computed annually by the authority in an urban location.

5. Invest at least $1,000,000 of capital investment and create at least five net new qualified employment positions that pay compensation at least equal to one hundred percent of the county median wage as computed annually by the authority in a rural location.

6. Invest at least $500,000 of capital investment and create at least five net new qualified employment positions that pay compensation at least equal to one hundred twenty-five percent of the county median wage as computed annually by the authority in a rural location.

7. Invest at least $100,000 of capital investment and create at least five net new qualified employment positions that pay compensation at least equal to one hundred fifty percent of the county median wage as computed annually by the authority in a rural location.

C. The capital investment and the new qualified employment positions requirements of subsection B of this section must be accomplished within twelve months after the start of the required capital investment.  Credit may not be claimed until both requirements are met.  A business that meets the requirements of subsection B of this section for a location is eligible to claim first year credits for three years beginning with the taxable year in which those requirements are completed.  Employees hired at the location before the beginning of the taxable year but during the twelve-month period allowed in this subsection are considered to be new employees for the taxable year in which all of those requirements are completed. The employees that are considered to be new employees for the taxable year under this subsection shall not be included in the average number of full-time employees during the immediately preceding taxable year until the taxable year in which all of the requirements of subsection B of this section are completed. An employee working at a temporary worksite in this state while the designated location is under construction is considered to be working at the designated location if all of the following occur:

1. The employee is hired after the start of the required investment at the designated location.

2. The employee is hired to work at the designated location after it is completed.

3. The payroll for the employees destined for the designated location is segregated from other employees.

4. The employee is moved to the designated location within thirty days after its completion.

D. Not more than ten thousand new jobs for all employers qualify for first year credits each year.

E. To claim a tax credit, the business must:

1. Obtain preapproval from the authority at a time, on a form and in a manner prescribed by the authority. Preapproval shall cover all first year credits intended to be claimed for the designated location and all second and third year credits associated with those first year credits.

2. Certify to the department of revenue or the department of insurance and financial institutions, as applicable, on or before the due date of the tax return, including any extensions for the year for which the credit is claimed, in a form prescribed by the department, including electronic media, information that the department may require, including the ownership interests of co-owners of the business if the business is a partnership, limited liability company or an S corporation, and the following information for each employee in the designated location:

(a) The date of initial employment.

(b) The number of hours worked during the year.

(c) Whether the position was full-time.

(d) The employee's annual compensation.

(e) The total cost of health insurance for the employee and the cost paid by the employer.

(f) Other information required by the department.

3. Report and certify to the authority the following information, and provide supporting documentation, on a form and in a manner approved by the authority, and as specified in subsection F of this section, for each year in which the taxpayer earned and claimed or used credits or is carrying forward amounts from previously earned and claimed credits:

(a) The business name and mailing address and any other contact information requested by the authority.

(b) The physical address of the business location or locations and the number of employees qualified for the credit at each location.

(c) The average hourly wage and the total amount of compensation paid to employees qualified for the credit and for all employees.

(d) The total number of qualified employment positions and the amount of income tax or premium tax credits qualified for in the taxable year.

(e) The estimated amount of tax credits to be used in the taxable year to offset tax liability.

(f) The estimated amount of tax credits to be available for carryforward in the taxable year and the year in which the credits expire.

(g) The number of jobs and the amount of credits earned and claimed on the prior year's tax return.

(h) The amount of credits used to offset tax liabilities on the prior year's tax return.

(i) The amount of credits available for carryforward as reported on the prior year's tax return and the year the credits expire.

(j) Capital investment made during the taxable year and the preceding taxable year.

(k) Other information necessary for the management and reporting of the incentives under this section.

4. For any year in which the taxpayer is claiming first year credits, report and certify the following additional information and provide supporting documentation to the authority on a form and in a manner approved by the authority, and as specified in subsection F of this section:

(a) That the net increase in the number of qualified employment positions for which credit is sought is the least of:

(i) The total number of filled qualified employment positions created at the designated location or locations during the taxable year.

(ii) The difference between the average number of full-time employees in this state in the current taxable year and the average number of full-time employees in this state during the immediately preceding taxable year.

(b) That all employees filling a qualified employment position were employed for at least ninety days during the first taxable year.  Employees hired in the last ninety days of the taxable year are excluded for that taxable year and are considered to be new employees in the following taxable year.

(c) That none of the employees filling qualified employment positions were employed by the taxpayer during the twelve months before the current date of hire except for those relocating to this state.

(d) That all employees for whom second and third year credits are claimed are in qualified employment positions for which first year credits were allowed and claimed by the taxpayer on the original first and second year tax returns.

(e) That all employees for whom credits are taken performed their job duties primarily at the designated locations of the business.

F. To qualify for first year credits, the report and certification prescribed by subsection E, paragraphs 3 and 4 of this section must be filed with the authority by the earlier of six months after the end of the taxable year in which the qualified employment positions were created or by the date the tax return is filed for the taxable year in which the qualified employment positions were created. To qualify for second year credits, the report and certification prescribed by subsection E, paragraph 3 of this section must be filed with the authority by the earlier of six months after the end of the taxable year or the date the tax return is filed for the taxable year in which the second year credits are allowable. To qualify for third year credits, the report and certification prescribed by subsection E, paragraph 3 of this section must be filed with the authority by the earlier of six months after the end of the taxable year or the date the tax return is filed for the taxable year in which the third year credits are allowable.

G. Any information submitted to the authority under subsection E, paragraph 3, subdivisions (e) through (j) of this section is exempt from title 39, chapter 1, article 2 and considered to be confidential and is not subject to disclosure except:

1. To the extent that the person or organization that provided the information consents to the disclosure.

2. To the department of revenue for use in tax administration.

H. Documents filed with the authority, the department of insurance and financial institutions and the department of revenue under subsection E of this section shall contain either a sworn statement or certification, signed by an officer of the company under penalty of perjury, that the information contained is true and correct according to the best belief and knowledge of the person submitting the information after a reasonable investigation of the facts.  If the document contains information that is materially false, the taxpayer is ineligible for the tax credits described under subsection A of this section and is subject to recovery of the amount of tax credits allowed in preceding taxable years based on the false information, plus penalties and interest.

I. The authority may make site visits to a taxpayer's facilities if it is necessary to further document or clarify reported information. The taxpayer must freely provide the access.

J. The authority by rule shall prescribe preapproval requirements and additional reporting requirements for taxpayers who claim tax credits pursuant to this section.

K. On or before September 30 of each year, the authority shall transmit a report to the governor, the president of the senate, the speaker of the house of representatives and the chairpersons of the senate finance committee and the house of representatives ways and means committee and provide a copy of the report to the secretary of state.  The report shall include the following information:

1. The business names, locations, number of employees and amount of compensation paid to employees qualifying for income tax credits as reported to the authority.

2. The amount of capital investment made during the preceding fiscal year and cumulatively.

3. The total amount of income tax credits allowed for the preceding taxable year and the number of qualified employment positions for which credits were claimed pursuant to sections 43-1074 and 43-1161.

L. For the purposes of this section:

1. "Capital investment" means an expenditure to acquire, lease or improve property that is used in operating a business, including:

(a) Land, buildings, machinery and fixtures.

(b) For taxable years beginning from and after June 30, 2011, equipment.

2. "Designated location" means the location at which the required capital investment is made under subsection B of this section.

3. "Location" means a single parcel or contiguous parcels of owned or leased land in this state, the structures and personal property contained on the land or any part of the structures occupied by the owner.  Parcels that are separated only by a public thoroughfare or right-of-way are considered to be contiguous but a single contiguous parcel that is located in both an urban location and a rural location is considered to be a contiguous urban location.

4. "Qualified employment position" means employment that meets the following requirements:

(a) The position consists of at least one thousand seven hundred fifty hours per year of full-time permanent employment.

(b) The job duties are performed primarily at the location or locations of the business in this state.

(c) The employment provides health insurance coverage for the employee for which the employer pays at least sixty-five percent of the premium or membership cost. If the business is self-insured, the employer pays at least sixty-five percent of a predetermined fixed cost per employee for an insurance program that is payable whether or not the employee has filed claims.

(d) The employer pays compensation at least equal to the wage threshold as described in subsection B of this section.

5. "Rural location" means a location that is within the boundaries of tribal lands or a city or town with a population of less than fifty thousand persons or a county with a population of less than eight hundred thousand persons.

6. "Urban location" means a location that is within the exterior boundaries of a city or town that has a population of fifty thousand persons or more and that is located in a county that has a population of eight hundred thousand persons or more.
A.R.S. § 41-1848 — Arizona Code / Title 41 / Chapter 12.1 / Article 2 / Section 1848
41-1848 First responder course
Status: in_force

41-1848. First responder course

The department is responsible for implementing the first responder course approved pursuant to section 36-2204 for law enforcement officers.
A.R.S. § 41-821 — Arizona Code / Title 41 / Chapter 4.1 / Article 1 / Section 821
41-821 Arizona historical society; powers; officers; duties of board of directors
Status: in_force

41-821. Arizona historical society; powers; officers; duties of board of directors

A. The Arizona historical society is established.

B. Subject to limitations imposed by law, the society may purchase, receive, hold, lease and sell property, real and personal, for the benefit of this state and use of the society.  The society may solicit private monetary donations for program activities.

C. The society shall have a president, a treasurer and other officers who are elected by the members of the society at times and by methods the bylaws of the society prescribe. Each member of the board of directors shall have knowledge, competence, experience and interest in the fields related to the preservation and promotion of Arizona history and be a member of the society or become a member of the society before senate confirmation.  The governor shall appoint the members pursuant to section 38-211 for a term of four years.  The board of directors may designate from among its members an executive committee with authority to act in place of the board of directors and in accordance with directions the board of directors may give when the board of directors is not in session.

D. The board of directors is established consisting of the following members who are appointed pursuant to subsection C of this section:

1. One member from each county.

2. One member who is recommended by each of the designated historical organizations as prescribed by subsection I of this section.

3. Five members of the public.

E. The president shall preside at meetings of the society and of the board of directors.  Each member of the board of directors is entitled to only one vote.  The board of directors may conduct meetings telephonically.

F. The treasurer shall have custody of the monies of the society, other than legislative appropriations. The treasurer shall hold the monies of the society deposited in trust for the society's use and for the benefit of this state and shall disburse them only as prescribed by law and the bylaws of the society.

G. The board of directors shall hold in trust for this state and administer for the benefit of this state and use of the society all property acquired by the society.

H. All expenditures of legislative appropriations to the society shall be made on claims that are duly itemized, verified and approved by the executive director of the society. The executive director of the society shall present and file claims for payment with the director of the department of administration.  The director of the department of administration shall draw the warrant on the state treasurer. The society may expend nonappropriated private funds related to program activities.

I. The board of directors shall annually designate one or more historical organizations within each county of this state that are incorporated as nonprofit organizations and that are deemed to have a functioning program of historical value based on criteria established by the board of directors.  The board of directors may organize chapters made up of groups of its members who have a common interest in a geographical area of this state or a common interest in a field of history, may provide for the governance of these chapters and may grant to any chapter the power to exercise authority of the society as the board of directors may determine.

J. The board of directors, subject to legislative appropriation, may contract with certified historical organizations for services to be performed for the benefit of this state. The contracts shall be prepared by the Arizona historical society. The board of directors shall annually review the contracts to ensure fulfillment of their provisions.

K. Subject to chapter 4, article 4 of this title, the board of directors may employ an executive director and may employ or authorize the employment of other employees it considers appropriate to carry out the functions of the society. The executive director and all other employees shall have duties and exercise authority as may be prescribed by the board of directors or by the executive director acting under the direction of the board of directors.

L. The board may operate a program for the establishment and maintenance of historical markers at various locations in this state.
A.R.S. § 41-2751 — Arizona Code / Title 41 / Chapter 25 / Article 1 / Section 2751
41-2751 Definitions
Status: in_force

41-2751. Definitions

In this article, unless the context otherwise requires:

1. "Governing board" means the Arizona board of regents for the universities or any community college district governing board.

2. "Invited guests" means persons who enter onto a campus for an educational, research or public service activity and not primarily to purchase or receive goods and services not related to the educational, research or public service activity for which such persons enter onto the campus.

3. "Private enterprise" means an individual, firm, partnership, joint venture, corporation, association or any other legal entity engaging in the manufacturing, processing, sale, offering for sale, rental, leasing, delivery, dispensing, distributing or advertising of goods or services for profit.

4. "Public service" means an activity that is normally and generally associated with community colleges and universities in this state, a purpose or significant result of which is not to engage in competition with private enterprise.

5. "State agency" means a department, office, commission, institution, board or other agency of state organization regardless of whether monies are appropriated to the agency.
A.R.S. § 41-1232 — Arizona Code / Title 41 / Chapter 7 / Article 8.1 / Section 1232
41-1232 Registration of principals; fee
Status: in_force

41-1232. Registration of principals; fee

A. Except as provided in subsection B of this section, before any principal causes any lobbying to occur on its behalf, the principal shall register with the secretary of state by filing a written statement in a format prescribed by the secretary of state, subscribed under penalty of perjury, containing the following information:

1. The name and business address of the principal.

2. The name and business address of a person who is the designated lobbyist for the principal, regardless of whether the person is engaged to lobby for compensation.

3. The name and business address of each lobbyist for compensation or authorized lobbyist employed by, retained by or representing the principal.

4. For each lobbyist for compensation, designated lobbyist or authorized lobbyist that is not an individual, the name and business address of all employees of that lobbyist who lobby on the principal's behalf.

5. The nature of the primary business or activity, issue, interest or purpose of the principal.

6. The duration of the engagement of any lobbyist.

7. A description of the expenses for which each lobbyist is to be reimbursed by the principal.

8. A listing of the state entities the lobbyist has been engaged or designated to lobby including the legislature and state agencies, boards, commissions or councils.

B. If a registration as required by subsection A of this section cannot be accomplished or is not practicable in advance of the first attempt or occasion to lobby, registration must occur within five business days after the day on which the first lobbying attempt, occasion or activity occurs.

C. Each principal shall reregister not later than 5:00 p.m. on the second Monday in January of each odd numbered year unless at that time the principal no longer engages any lobbyist.  A principal shall file its registration at any time beginning December 1 in the even numbered year until 5:00 p.m. on the second Monday in January in the odd numbered year.  Each principal shall amend its registration statement within five business days of any change in the information required by subsection A of this section.

D. A principal shall provide notice to each lobbyist for compensation, authorized lobbyist and designated lobbyist who is named in the principal's registration or reregistration statement. The notice shall state that the principal has listed the lobbyist for compensation, authorized lobbyist or designated lobbyist on the principal's registration or reregistration statement and that this listing obligates the lobbyist for compensation or designated lobbyist to register and file all reports required by this article.  The notice shall be accompanied by a summary of the lobbyist laws published by the secretary of state, the first page of the principal's registration and the page of the schedule on which the name of the lobbyist for compensation, authorized lobbyist or designated lobbyist appears.

E. Each principal that registers a lobbyist for compensation or a designated lobbyist who receives compensation for lobbying from the principal, at the time of registering or reregistering, shall pay a registration or reregistration fee of $25 to the secretary of state.  A principal may not be charged more than one $25 fee per registration period. Registration and reregistration fees collected by the secretary of state shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund, and, subject to legislative appropriation, the registration and reregistration fees for principals shall be used to reduce the costs associated with enforcing the lobbyist registration laws.
A.R.S. § 41-1001.02 — Arizona Code / Title 41 / Chapter 6 / Article 1 / Section 1001.02
41-1001.02 Clarification of interpretation or application; exemption
Status: in_force

41-1001.02. Clarification of interpretation or application; exemption

A. Before submitting an application for a license a person may request from the agency issuing the license a clarification of its interpretation or application of a statute, rule, delegation agreement or substantive policy statement affecting the person's preparation of the application for a license by providing the agency with a written request that states:

1. The name and address of the person requesting the clarification.

2. The statute, rule, delegation agreement or substantive policy statement or part of the statute, rule, delegation agreement or substantive policy statement that the person is requesting be clarified.

3. Any facts relevant to the requested clarification.

4. The person's proposed interpretation of the applicable statute, rule, delegation agreement or substantive policy statement or part of the statute, rule, delegation agreement or substantive policy statement.

5. Whether, to the best knowledge of the person, the issues or related issues are being considered by the agency in connection with an existing license or license application.

B. On receipt of a request that complies with subsection A of this section:

1. The agency may meet with the person to discuss the written request and shall respond within thirty days of the receipt of the written request with a written clarification of its interpretation or application as raised in the written request.

2. The agency shall provide the requestor with an opportunity to meet and discuss the agency's written clarification.

C. Notwithstanding any other law, an agency's written clarification pursuant to this section does not constitute an appealable action as defined in section 41-1092 or an action against the party pursuant to section 41-1092.12.

D. Notwithstanding any other law, this section does not apply to the Arizona peace officer standards and training board.
A.R.S. § 41-1031 — Arizona Code / Title 41 / Chapter 6 / Article 3 / Section 1031
41-1031 Filing rules and preamble with secretary of state; permanent record
Status: in_force

41-1031. Filing rules and preamble with secretary of state; permanent record

A. Following the filing of a rule made pursuant to an exemption to this chapter or following approval and filing of a rule and preamble and an economic, small business and consumer impact statement by the council as provided in article 5 of this chapter or by the attorney general as provided in article 4 of this chapter, the secretary of state shall affix to each rule document, preamble and economic, small business and consumer impact statement the time and date of filing.  A rule is not final until the secretary of state affixes the time and date of filing to the rule document as provided in this section.

B. The secretary of state shall keep a permanent record of rules, preambles and economic, small business and consumer impact statements filed with the office.
A.R.S. § 41-1492.10 — Arizona Code / Title 41 / Chapter 9 / Article 8 / Section 1492.10
41-1492.10 Prohibition against retaliation and coercion
Status: in_force

41-1492.10. Prohibition against retaliation and coercion

A. No person may discriminate against any individual because the individual has opposed any act or practice made unlawful by this article or because the individual made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this article.

B. It is unlawful to coerce, intimidate, threaten or interfere with any individual in the exercise or enjoyment of, for having exercised or enjoyed or on account of his having aided or encouraged any other individual in the exercise or enjoyment of any right granted or protected by this article.
A.R.S. § 41-1279.06 — Arizona Code / Title 41 / Chapter 7 / Article 10.1 / Section 1279.06
41-1279.06 Audit services revolving fund; use; exemption from lapsing
Status: in_force

41-1279.06. Audit services revolving fund; use; exemption from lapsing

A. The audit services revolving fund is established. The auditor general shall administer the fund. The fund consists of any monies received by the auditor general from:

1. State budget units for audits of federal funds required under federal law and federal rules and regulations.

2. State budget units and counties, community college districts and school districts for which the auditor general performs special audits, financial statement audits or audits of federal funds received under federal laws, rules and regulations or provides accounting services.

3. Counties where the auditor general conducts a performance audit of the transportation excise tax as prescribed by section 41-1279.03.

4. Any other source authorized by law.

B. The auditor general shall use the fund monies for the purpose of conducting audits required under federal law, special audits or financial statement audits or accounting services requested by state budget units and counties, community college districts and school districts or to pay for certified public accountants to conduct such audits or provide such services.

C. Monies in the audit services revolving fund are exempt from the provisions of section 35-190, relating to lapsing of appropriations.
A.R.S. § 41-124 — Arizona Code / Title 41 / Chapter 1 / Article 2 / Section 124
41-124 Receipt and record of documents received
Status: in_force

41-124. Receipt and record of documents received

The secretary of state shall provide a receipt of delivery for any document that is delivered to the secretary of state and record the number of documents delivered, to whom delivered and the date of delivery.
A.R.S. § 41-1492.02 — Arizona Code / Title 41 / Chapter 9 / Article 8 / Section 1492.02
41-1492.02 Prohibition of discrimination by public accommodations and commercial facilities
Status: in_force

41-1492.02. Prohibition of discrimination by public accommodations and commercial facilities

A. No individual may be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation by any person who owns, leases, leases to others or operates a place of public accommodation.

B. It is discriminatory to subject an individual or class of individuals on the basis of a disability or disabilities of that individual or class, directly or through contractual, licensing or other arrangements:

1. To a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, advantages, privileges or accommodations of an entity.

2. To the loss of an opportunity to participate in or benefit from goods, services, facilities, privileges, advantages or accommodations that are not equal to those afforded to other individuals.

3. To a good, service, facility, privilege, advantage or accommodation that is different or separate from that provided to other individuals, unless the action is necessary to provide the individual or class of individuals with a good, service, facility, privilege, advantage, accommodation or other opportunity that is as effective as that provided to others. For the purposes of this subsection, "individual" or "individuals" refers to the clients or customers of the covered public accommodation that enters into the contractual, licensing or other arrangement.

C. Goods, services, facilities, privileges, advantages and accommodations shall be afforded to an individual with a disability in the most integrated setting appropriate to the needs of the individual.

D. Notwithstanding the existence of separate or different programs or activities provided in accordance with this section, an individual with a disability shall not be denied the opportunity to participate in programs or activities that are not separate or different. Nothing in this article shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity or benefit that the individual chooses not to accept.

E. An individual or entity, directly or through contractual or other arrangements, shall not utilize standards or criteria or methods of administration that:

1. Have the effect of discriminating on the basis of disability.

2. Perpetuate the discrimination of others who are subject to common administrative control.

F. It is discriminatory to exclude or otherwise deny equal goods, services, facilities, privileges, advantages, accommodations or other opportunities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association.

G. For the purposes of subsection A of this section, "discriminated against" includes:

1. The imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages or accommodations, unless these criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages or accommodations being offered.

2. A failure to make reasonable modifications in policies, practices or procedures, if these modifications are necessary to afford these goods, services, facilities, privileges, advantages or accommodations to individuals with disabilities, unless the entity can demonstrate that making these modifications would fundamentally alter the nature of these goods, services, facilities, privileges, advantages or accommodations.

3. A failure to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of reasonable modifications in policies, practices or procedures or auxiliary aids and services, unless the entity can demonstrate that taking these steps would fundamentally alter the nature of the goods, service, facility, privilege, advantage or accommodation being offered or would result in an undue burden.

4. A failure to remove architectural barriers and communication barriers that are structural in nature in existing facilities and transportation barriers in existing vehicles and rail passenger cars used by an establishment for transporting individuals not including barriers that can only be removed through the retrofitting of vehicles or rail passenger cars by the installation of a hydraulic or other lift if the removal is readily achievable.

5. If an entity can demonstrate that the removal of a barrier under paragraph 4 of this subsection is not readily achievable, a failure to make these goods, services, facilities, privileges, advantages or accommodations available through alternative methods if these methods are readily achievable.

H. It is discriminatory for a private entity that operates a fixed route system and that is not subject to section 304 of the Americans with disabilities act to purchase or lease a vehicle with a seating capacity in excess of sixteen passengers, including the driver, for use on this system, for which a solicitation is made after September 30, 1992, that is not readily accessible to and usable by individuals with disabilities including individuals who use wheelchairs. If a private entity that operates a fixed route system and that is not subject to section 41-1492.04 purchases or leases a vehicle with a seating capacity of sixteen passengers or less, including the driver, for use on such system after September 30, 1992 that is not readily accessible to or usable by individuals with disabilities, it is discriminatory for this entity to fail to operate this system so that, if viewed in its entirety, this system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities. Fixed route and demand response systems do not apply to over-the-road buses. For the purposes of this subsection, "discriminatory" includes:

1. A failure of a private entity that operates a demand responsive system and that is not subject to section 41-1492.04 to operate the system so that, if viewed in its entirety, the system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities.

2. The purchase or lease by the entity for use on the system of a vehicle with a seating capacity in excess of sixteen passengers, including the driver, for which solicitations are made after September 30, 1992, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the entity can demonstrate that the system, if viewed in its entirety, provides a level of service to individuals with disabilities equivalent to that provided to individuals without disabilities.

3. The purchase or lease of an over-the-road bus that does not comply with section 306(a)(2) of the Americans with disabilities act by a private entity that provides transportation of individuals and that is not primarily engaged in the business of transporting people and any other failure of the entity to comply with section 306(a)(2) of the Americans with disabilities act.

I. Nothing in this article requires an entity to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of the entity if the individual poses a direct threat to the health or safety of others.  For the purposes of this subsection, "direct threat" means a significant risk to the health or safety of others that cannot be eliminated by modification of policies, practices or procedures or by the provision of auxiliary aids or services.
A.R.S. § 41-2702 — Arizona Code / Title 41 / Chapter 24 / Article 1 / Section 2702
41-2702 Solicitation and award of grant applications
Status: in_force

41-2702. Solicitation and award of grant applications

A. State governmental units shall award any grant in accordance with the competitive grant solicitation requirements of this chapter.

B. A state governmental unit shall prepare and issue a request for grant applications that includes at least the following information:

1. A description of the nature of the grant project, including the scope of the work to be performed by an awardee.

2. An identification of the funding source and the total amount of available funds.

3. Whether a single award or multiple awards may be made.

4. Encouragement of collaboration by entities for community partnerships, if appropriate.

5. Any additional information required by the applications.

6. The criteria or factors under which applications will be evaluated for award and the relative importance of each criteria or factor.

7. The due date for submittal of applications and the anticipated time the awards may be made.

C. Adequate public notice of the request for grant applications shall be given at least six weeks before the due date for the submittal of applications. Adequate notification of the request for grant applications shall also be provided to the central state permitting program pursuant to section 41-1505.08.

D. A preapplication conference may be conducted before the due date for the submittal of applications to explain the grant application requirements. If a preapplication conference is held, it shall be held at least twenty-one days before the due date. Statements made at a preapplication conference are not amendments to the request for grant applications unless a written amendment is issued.

E. Grant applications shall be publicly received at the time and place designated in the request for grant applications. The name of each applicant shall be publicly read and recorded. All other information in the grant application is confidential during the process of evaluation. All applications shall be open for public inspection after grants are awarded. To the extent the applicant designates and the state concurs, trade secrets and other proprietary information contained in the application shall remain confidential.

F. Applications shall be evaluated by at least three evaluators who are peers or other qualified individuals. The evaluators may allow applicants to make oral or written presentations regarding the scope of work, terms and conditions of the grant, budget and other relevant matters set forth in the request for grant applications. Applicants shall be accorded fair treatment with respect to any opportunity for oral or written presentations. The evaluators may require an applicant to revise its application to reflect information provided in an oral or written presentation. Any person who has information contained in the application of competing applications shall not disclose that information.

G. The evaluators shall review each application based solely on the evaluation criteria or factors set forth in the request for grant applications. The evaluators shall maintain a written record of the assessment of each application, which shall include comments regarding compliance with each evaluation criteria or factor, the citation of a specific criteria or factor as the basis of each stated strength or weakness and a clear differentiation between comments based on facts presented in the application and comments based on professional judgment. Evaluator assessments shall be made available for public inspection no later than thirty days after a formal award is made.

H. The evaluators shall make award recommendations to the head of the state governmental unit based on the evaluators' reviews of each application. The evaluators' recommendations may include the adjustment of the budgets of the applicants individually or collectively.

I. The head of the state governmental unit may affirm, modify or reject the evaluators' recommendations in whole or in part. Modification of the evaluators' recommendations may include the adjustment of the budget on any proposed award individually or on all awards by an amount or percentage. If the head of the state governmental unit does not affirm the recommendations, the head of the state governmental unit shall document in writing the specific justifications for the action taken. The specific justifications shall be made available for public inspection no later than thirty days after the action is taken.

J. The head of a state governmental unit may enter into agreements with other state governmental units to furnish assistance in conducting the solicitation of grant applications.
A.R.S. § 41-982 — Arizona Code / Title 41 / Chapter 5 / Article 6 / Section 982
41-982 Powers and duties
Status: in_force

41-982. Powers and duties

A. The commission may:

1. With the consent of a majority of the commission, employ, subject to chapter 4, article 4 of this title, such personnel as may be required within the limits of funds available in the arts fund. The compensation for such personnel shall be as determined pursuant to section 38-611.

2. Hold hearings.

3. Enter into contracts, within the limits of funds available, with local and regional associations, individuals, organizations and institutions for any services which further the broad objectives of the commission's program.

4. Accept gifts, contributions and bequests of unrestricted funds for deposit in the arts fund or the arts trust fund from individuals, foundations, corporations, and other organizations or institutions for the purpose of furthering the broad objectives of the commission's program.

5. Make agreements to carry out the purposes of this article.

6. Request cooperation from any state agency for the purposes of this article.

B. The commission shall:

1. Stimulate and encourage throughout the state the study and presentation of the performing arts, fine arts, and public interest and participation therein.

2. Make such surveys of public and private institutions engaged within the state in artistic and cultural activities, as may be deemed advisable, and make recommendations concerning appropriate methods to encourage participation in and appreciation of the arts to meet the legitimate needs and aspirations of persons in all parts of the state.

3. Take such steps as may be necessary and appropriate to encourage public interest in the cultural heritage of our state and to expand the state's cultural resources.

4. Encourage and assist freedom of artistic and scholarly expression essential for the well-being of the arts.

5. Formulate policies and adopt rules and regulations which are consistent with the purposes of this article.
A.R.S. § 41-563.03 — Arizona Code / Title 41 / Chapter 3 / Article 5 / Section 563.03
41-563.03 Proposals for permanent adjustment of expenditure limitation and alternative expenditure limitations; review by auditor general; form of ballot
Status: in_force

41-563.03. Proposals for permanent adjustment of expenditure limitation and alternative expenditure limitations; review by auditor general; form of ballot

A. Except as otherwise provided in this section, any use of the initiative process for the purpose of permanently adjusting the expenditure limitation of any political subdivision pursuant to article IX, section 20, subsection (6), Constitution of Arizona, or for the purpose of proposing an alternative expenditure limitation pursuant to article IX, section 20, subsection (9), Constitution of Arizona, shall as nearly as practicable conform to the requirements of title 19, chapter 1, article 4.

B. In addition to the provisions for publicity pamphlets prescribed in section 19-123, for the purposes of article IX, section 20, subsection (6), Constitution of Arizona, such pamphlets shall also contain the following:

1. The date of the election.

2. Polling places and the time such polling places are open.

3. A summary of the amount of the adjustment to the expenditure limitation determined pursuant to article IX, section 20, Constitution of Arizona, as reviewed by the auditor general.

4. A summary of the source or sources of estimated revenues that are to be used for financing the adjustment to the expenditure limitation or the source or sources of estimated revenues to be reduced as a result of a downward adjustment of the expenditure limitation, as reviewed by the auditor general.

5. A statement of the purpose or purposes for which the adjustment to the expenditure limitation is to be made.

C. In addition to the provisions for publicity pamphlets prescribed in section 19-123, for the purpose of article IX, section 20, subsection (9), Constitution of Arizona, such pamphlets shall also contain the following:

1. The date of the election.

2. Polling places and the time such polling places are open.

3. A summary of the estimated total expenditures under any proposed expenditure limitation, including the expenditure limitation proposed by the state pursuant to article IX, section 20, Constitution of Arizona, for a period of four consecutive fiscal years, as reviewed by the auditor general.

4. A summary of the estimated amount of revenues from all sources from which any proposed expenditure limitation, including the expenditure limitation proposed by the state pursuant to article IX, section 20, Constitution of Arizona, shall be funded, for a period of four consecutive fiscal years, as reviewed by the auditor general.

5. A statement that if no alternative expenditure limitation is approved by a majority of the qualified electors voting at such election, the expenditure limitation prescribed by article IX, section 20, Constitution of Arizona, shall apply to the political subdivision.

D. For the purposes of subsection B of this section, the person, group or organization filing an initiative petition shall submit to the auditor general prior to printing the publicity pamphlet and at least sixty days prior to the election a detailed analysis of the proposed adjustment to the expenditure limitation, showing the specific area or areas in which expenditures are to be adjusted. The analysis shall contain specific amounts of estimated revenue from each source, and any assumptions used in estimating such revenue. A summary of the analysis shall also be prepared to be included in the publicity pamphlet prescribed in subsection B of this section. The auditor general may request additional information necessary to clarify or correct the submitted materials. The auditor general shall review the submitted materials, correcting any error or deficiency, and resubmit the analysis and summary to the governing board of the applicable political subdivision within fifteen working days. The person, group or organization submitting the analysis and summary shall also be notified by the auditor general within fifteen working days of any revision to the originally submitted analysis and summary. No revision may be made to the analysis or summary after review by the auditor general. The summary shall be printed as resubmitted by the auditor general in the publicity pamphlet as prescribed by subsection B of this section. The governing board shall transmit a copy of the printed publicity pamphlet to the auditor general before the election. The analysis as reviewed by the auditor general shall be held by the clerk of the board of supervisors in the case of counties or the city or town clerk in the case of cities and towns, copies of which may be obtained by any registered voter in the applicable political subdivision. For adjustments to the expenditure limitation proposed by the governing board of the applicable political subdivision, such governing board shall cause to be submitted to the auditor general an analysis as is described in this section.

E. For the purposes of subsection C of this section, the person, group or organization filing an initiative petition shall submit to the auditor general prior to printing the publicity pamphlet and at least sixty days prior to the election a detailed analysis of the alternative expenditure limitation proposed in the petition, showing specific amounts estimated to be expended in specific areas, for a period of four consecutive fiscal years. The analysis shall contain specific amounts of estimated revenue from each source, and any assumptions used in estimating such revenue, for a period of four consecutive fiscal years. A summary of the analysis shall also be prepared to be included in the publicity pamphlet prescribed in subsection C of this section. The auditor general may request additional information necessary to clarify or correct the submitted materials. The auditor general shall review the submitted materials, correcting any error or deficiency, and resubmit the analysis and summary to the governing board of the applicable political subdivision within fifteen working days. The person, group or organization submitting the analysis and summary shall also be notified by the auditor general within fifteen working days of any revision to the originally submitted analysis and summary. No revision may be made to the analysis or summary after review by the auditor general. The summary shall be printed as resubmitted by the auditor general in the publicity pamphlet as prescribed in subsection C of this section. The governing board shall transmit a copy of the printed publicity pamphlet to the auditor general before the election. The analysis as reviewed by the auditor general shall be held by the clerk of the board of supervisors in the case of counties or by the city or town clerk in the case of cities and towns, copies of which may be obtained by any registered voter in the applicable political subdivision. For any alternative expenditure limitations proposed by the governing board of the applicable political subdivision, such governing board shall submit the information required by this section to the auditor general. An analysis and summary of the expenditure limitation prescribed in article IX, section 20, Constitution of Arizona, as it applies to the applicable political subdivision, shall be submitted to the governing board of such political subdivision by the auditor general.

F. After the election the clerk of the board of supervisors or the city or town clerk shall immediately notify the auditor general and the economic estimates commission of the results of the election.

G. For any election called pursuant to article IX, section 20, subsection (6) or (9), Constitution of Arizona, the ballot shall be in the form prescribed by section 19-125, except that if more than one adjustment to the expenditure limitation or more than one alternative expenditure limitation is to be voted upon, the ballot shall be in a form so that the electors may vote on each adjustment to the expenditure limitation or each alternative expenditure limitation separately.
A.R.S. § 41-1009 — Arizona Code / Title 41 / Chapter 6 / Article 1 / Section 1009
41-1009 Inspections and audits; applicability; exceptions
Status: in_force

41-1009. Inspections and audits; applicability; exceptions

A. An agency inspector, auditor or regulator who enters any premises of a regulated person for the purpose of conducting an inspection or audit shall, unless otherwise provided by law:

1. Present photo identification on entry of the premises.

2. On initiation of the inspection or audit, state the purpose of the inspection or audit and the legal authority for conducting the inspection or audit.

3. Disclose any applicable inspection or audit fees.  Notwithstanding any other law, a regulated person being inspected or audited is responsible for only the direct and reasonable costs of the inspection or audit and is entitled to receive a detailed billing statement as described in paragraph 5, subdivision (e) of this subsection.

4. Afford an opportunity to have an authorized on-site representative of the regulated person accompany the agency inspector, auditor or regulator on the premises, except during confidential interviews.

5. Provide notice of the right to have on request:

(a) Copies of any original documents taken by the agency during the inspection or audit if the agency is allowed by law to take original documents.

(b) A split of any samples taken during the inspection if the split of any samples would not prohibit an analysis from being conducted or render an analysis inconclusive.

(c) Copies of any analysis performed on samples taken during the inspection.

(d) Copies of any documents to be relied on to determine compliance with licensure or regulatory requirements if the agency is otherwise allowed by law to do so.

(e) A detailed billing statement that provides reasonable specificity of the inspection or audit fees imposed pursuant to paragraph 3 of this subsection and that cites the statute or rule that authorizes the fees being charged.

6. Inform each person whose conversation with the agency inspector, auditor or regulator during the inspection or audit is tape recorded that the conversation is being tape recorded.

7. Inform each person who is interviewed during the inspection or audit that:

(a) Statements made by the person may be included in the inspection or audit report.

(b) Participation in an interview is voluntary, unless the person is legally compelled to participate in the interview.

(c) The person is allowed at least twenty-four hours to review and revise any written witness statement that is drafted by the agency inspector, auditor or regulator and on which the agency inspector, auditor or regulator requests the person's signature.

(d) The agency inspector, auditor or regulator may not prohibit the regulated person from having an attorney or any other experts in their field present during the interview to represent or advise the regulated person.

8. At the end of the inspection, offer to review, with an authorized representative of the regulated person, the findings of the inspection and what agency actions the regulated person can expect.

B. On initiation of an audit or an inspection of any premises of a regulated person, an agency inspector, auditor or regulator shall provide the following in writing:

1. The rights described in subsection A of this section and section 41-1001.01, subsection C.

2. The name and telephone number of a contact person who is available to answer questions regarding the inspection or audit.

3. The due process rights relating to an appeal of a final decision of an agency based on the results of the inspection or audit, including the name and telephone number of a person to contact within the agency and any appropriate state government ombudsman.

4. A statement that the agency inspector, auditor or regulator may not take any adverse action, treat the regulated person less favorably or draw any inference as a result of the regulated person's decision to be represented by an attorney or advised by any other experts in their field.

5. A notice that if the information and documents provided to the agency inspector, auditor or regulator become a public record, the regulated person may redact trade secrets and proprietary and confidential information unless the information and documents are confidential pursuant to statute.

6. The time limit or statute of limitations applicable to the right of the agency inspector, auditor or regulator to file a compliance action against the regulated person arising from the inspection or audit, which applies to both new and amended compliance actions.

C. An agency inspector, auditor or regulator shall obtain the signature of the regulated person or on-site representative of the regulated person on the writing prescribed in subsection B of this section and section 41-1001.01, subsection C, if applicable, indicating that the regulated person or on-site representative of the regulated person has read the writing prescribed in subsection B of this section and section 41-1001.01, subsection C, if applicable, and is notified of the regulated person's or on-site representative of the regulated person's inspection or audit and due process rights. The agency inspector, auditor or regulator may provide an electronic document of the writing prescribed in subsection B of this section and section 41-1001.01, subsection C and, at the request of the regulated person or on-site representative, obtain a receipt in the form of an electronic signature. The agency shall maintain a copy of this signature with the inspection or audit report and shall leave a copy with the regulated person or on-site representative of the regulated person.  If a regulated person or on-site representative of the regulated person is not at the site or refuses to sign the writing prescribed in subsection B of this section and section 41-1001.01, subsection C, if applicable, the agency inspector, auditor or regulator shall note that fact on the writing prescribed in subsection B of this section and section 41-1001.01, subsection C, if applicable.

D. An agency that conducts an inspection shall give a copy of the inspection report to the regulated person or on-site representative of the regulated person either:

1. At the time of the inspection.

2. Notwithstanding any other state law, within thirty working days after the inspection.

3. As otherwise required by federal law.

E. The inspection report shall contain alleged deficiencies identified during an inspection. Unless otherwise provided by state or federal law, the agency shall provide the regulated person an opportunity to correct the alleged deficiencies unless the agency documents in writing as part of the inspection report that the alleged deficiencies are:

1. Committed intentionally.

2. Not correctable within a reasonable period of time as determined by the agency.

3. Evidence of a pattern of noncompliance as demonstrated by alleged deficiencies previously identified in an inspection report or other written notice at the same premises.

4. A significant risk to any person, the public health, safety or welfare or the environment.

F. If the agency is unsure whether a regulated person meets the exemptions in subsection E of this section, the agency shall provide the regulated person with an opportunity to correct the alleged deficiencies.

G. If the agency allows the regulated person an opportunity to correct the alleged deficiencies pursuant to subsection E of this section, the regulated person shall notify the agency when the alleged deficiencies have been corrected. Within thirty days after receipt of notification from the regulated person that the alleged deficiencies have been corrected, the agency shall determine if the regulated person is in substantial compliance and notify the regulated person whether or not the regulated person is in substantial compliance. If the regulated person fails to correct the alleged deficiencies or the agency determines the alleged deficiencies have not been corrected within a reasonable period of time, the agency may take any enforcement action authorized by law for the alleged deficiencies.

H. If the agency does not allow the regulated person an opportunity to correct alleged deficiencies pursuant to subsection E of this section, on the request of the regulated person, the agency shall provide a detailed written explanation of the reason that an opportunity to correct was not allowed.

I. An agency decision pursuant to subsection E or G of this section is not an appealable agency action.

J. At least once every month after the commencement of the inspection, an agency shall provide a regulated person with an update on the status of any agency action resulting from an inspection of the regulated person.  An agency is not required to provide an update after the regulated person is notified that no agency action will result from the agency inspection or after the completion of agency action resulting from the agency inspection.

K. For agencies with authority under title 49, if, as a result of an inspection or any other investigation, an agency alleges that a regulated person is not in compliance with licensure or other applicable regulatory requirements, the agency shall provide written notice of that allegation to the regulated person. The notice shall contain the following information:

1. A citation to the statute, regulation, license or permit condition on which the allegation of deficiency is based, including the specific provisions in the statute, regulation, license or permit condition that are alleged to be violated.

2. Identification of any documents relied on when determining the allegation of deficiency.

3. An explanation stated with reasonable specificity of the regulatory and factual basis for the allegation of deficiency.

4. Instructions for obtaining a timely opportunity to discuss the alleged deficiencies with the agency.

L. Subsection K of this section applies only to inspections or any other investigations necessary for the issuance of a license or to determine compliance with licensure or other regulatory requirements. Subsection K of this section does not apply to an action taken pursuant to section 11-871, 11-876, 11-877, 49-457.01, 49-457.03 or 49-474.01. Issuance of a notice under subsection K of this section is not a prerequisite to otherwise lawful agency actions seeking an injunction or issuing an order if the agency determines that the action is necessary on an expedited basis to abate an imminent and substantial endangerment to public health or the environment and documents the basis for that determination in the documents initiating the action.

M. This section does not authorize an inspection or any other act that is not otherwise authorized by law.

N. Except as otherwise provided in subsection L of this section, this section applies only to inspections necessary for the issuance of a license or to determine compliance with licensure or other regulatory requirements applicable to a licensee and audits pursuant to enforcement of title 23, chapters 2 and 4.  This section does not apply:

1. To criminal investigations, investigations under tribal state gaming compacts and undercover investigations that are generally or specifically authorized by law.

2. If the agency inspector, auditor or regulator has reasonable suspicion to believe that the regulated person may be engaged in criminal activity.

3. To the Arizona peace officer standards and training board established by section 41-1821.

4. To certificates of convenience and necessity that are issued by the corporation commission pursuant to title 40, chapter 2.

O. If an agency inspector, auditor or regulator gathers evidence in violation of this section, the violation may be a basis to exclude the evidence in a civil or administrative proceeding.

P. Failure of an agency, board or commission employee to comply with this section:

1. May subject the employee to disciplinary action or dismissal.

2. Shall be considered by the judge and administrative law judge as grounds for reduction of any fine or civil penalty.

Q. An agency may make rules to implement subsection A, paragraph 5 of this section.

R. Nothing in this section shall be used to exclude evidence in a criminal proceeding.

S. Subsection A, paragraph 7, subdivision (c) and subsection E of this section do not apply to the department of health services for the purposes of title 36, chapters 4 and 7.1.

T. Subsection B, paragraph 5 and subsection E of this section do not apply to the corporation commission for the purposes of title 44, chapters 12 and 13.

U. Except as otherwise prescribed by this section and notwithstanding any other law:

1. This section applies to all state agencies that conduct inspections and audits.

2. If a conflict arises between the rights afforded a regulated person pursuant to this section and the rights afforded a regulated person pursuant to another statute, this section governs.
A.R.S. § 41-1378 — Arizona Code / Title 41 / Chapter 8 / Article 5 / Section 1378
41-1378 Complaint; investigation; investigative authority; violation; classification
Status: in_force

41-1378. Complaint; investigation; investigative authority; violation; classification

A. All complaints shall be addressed to the ombudsman-citizens aide. If an agency receives correspondence between a complainant and the ombudsman-citizens aide, it shall hold that correspondence in trust and shall promptly forward the correspondence, unopened, to the ombudsman-citizens aide.

B. Within thirty days of receipt of the complaint, the ombudsman-citizens aide shall notify the complainant of the decision to investigate or not to investigate the complaint. If the ombudsman-citizens aide decides not to investigate and if requested by the complainant, the ombudsman-citizens aide shall provide the reasons for not investigating in writing.

C. The ombudsman-citizens aide shall not charge any fees for investigations or complaints.

D. In an investigation, the ombudsman-citizens aide may:

1. Make inquiries and obtain information considered necessary subject to the restrictions in section 41-1377.

2. Enter without notice to inspect agency premises with agency staff on the premises.

3. Hold hearings.

4. Notwithstanding any other law, have access to all state agency records, including confidential records, except:

(a) Sealed court records without a subpoena.

(b) Active criminal investigation records.

(c) Records that could lead to the identity of confidential police informants.

(d) Attorney work product and communications that are protected under the attorney-client privilege.

(e) Confidential information as defined in section 42-2001, except as provided in section 42-2003, subsection L.

(f) Information protected by section 6103(d), 6103(p)(8) or 7213 of the internal revenue code.

(g) Confidential information relating to section 36-2903, subsection I, section 36-2917, section 36-2932, subsection F or section 36-2972.

(h) Confidential information relating to sections 36-507, 36-509 and 36-2220.

5. Issue subpoenas if necessary to compel the attendance and testimony of witnesses and the production of books, records, documents and other evidence to which the ombudsman-citizens aide may have access pursuant to paragraph 4 of this subsection.  The ombudsman-citizens aide may only issue a subpoena if the ombudsman-citizens aide has previously requested testimony or evidence and the person or agency to which the request was made has failed to comply with the request in a reasonable amount of time.

E. It is contrary to the public policy of this state for any state agency or any individual acting for a state agency to take any adverse action against an individual in retaliation because the individual cooperated with or provided information to the ombudsman-citizens aide or the ombudsman-citizens aide's staff.

F. If requested by the complainants or witnesses, the ombudsman-citizens aide shall maintain confidentiality with respect to those matters necessary to protect the identities of the complainants or witnesses.  The ombudsman-citizens aide shall ensure that confidential records are not disclosed by either the ombudsman-citizens aide or staff to the ombudsman-citizens aide. The ombudsman-citizens aide shall maintain the confidentiality of an agency record. With respect to requests made pursuant to title 39, chapter 1, article 2 or other requests for information, the ombudsman-citizens aide shall maintain all records that are received from a custodial agency in the same manner as the custodial agency would if it had received the request.

G. The ombudsman-citizens aide or any staff member or other employee of the ombudsman-citizens aide who knowingly divulges or makes known in any manner not permitted by law any particulars of any record, document or information for which the law restricts disclosure is guilty of a class 5 felony.
A.R.S. § 41-705 — Arizona Code / Title 41 / Chapter 4 / Article 1 / Section 705
41-705 Racing investigation fund; distributions; refund
Status: in_force

41-705. Racing investigation fund; distributions; refund

A. The racing investigation fund is established consisting of monies deposited for the projected cost of investigations conducted pursuant to title 5, chapter 1 by persons, partnerships, associations or corporations that hold a permit for a racing meeting under title 5.  Monies deposited into the fund shall be made in a reasonable amount based on a request from the director of the department of gaming. The department of administration shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. Monies distributed from the fund are subject to the following restrictions:

1. Distributions shall be made pursuant to instructions from the director of the department of gaming to the director of the department of administration.

2. Distributions shall be limited to expenses that are authorized under title 5, chapter 1, article 1 and that are incurred in compliance with chapter 23 of this title including open and competitive bidding for all services.

C. On the instruction of the director of the department of gaming, the department of administration at the conclusion of an investigation shall refund to the permittee the difference between the amount deposited into the fund by that permittee and the total actual cost of the investigation.
A.R.S. § 41-1758.01 — Arizona Code / Title 41 / Chapter 12 / Article 3.1 / Section 1758.01
41-1758.01 Fingerprinting division; powers and duties
Status: in_force

41-1758.01. Fingerprinting division; powers and duties

A. The fingerprinting division is established in the department of public safety and shall:

1. Conduct fingerprint background checks for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks pursuant to sections 3-314, 8-105, 8-322, 8-463, 8-509, 8-802, 15-183, 15-503, 15-512, 15-534, 15-763.01, 15-782.02, 15-1330, 15-1881, 17-215, 28-3228, 28-3413, 32-122.02, 32-122.05, 32-122.06, 32-823, 32-1232, 32-1276.01, 32-1284, 32-1297.01, 32-1904, 32-1941, 32-1982, 32-2022, 32-2063, 32-2108.01, 32-2123, 32-2371, 32-3271, 32-3430, 32-3620, 32-3668, 32-3669, 32-3922, 32-3924, 32-4128, 32-4222, 36-113, 36-207, 36-411, 36-425.03, 36-446.04, 36-594.01, 36-594.02, 36-766.01, 36-882, 36-883.02, 36-897.01, 36-897.03, 36-1940, 36-1940.01, 36-2069, 36-3008, 41-619.52, 41-619.53, 41-1964, 41-1967.01, 41-1968, 41-1969, 41-2814 and 41-4025, section 46-141, subsection A or B and section 46-321.

2. Issue fingerprint clearance cards. On issuance, a fingerprint clearance card becomes the personal property of the cardholder and the cardholder shall retain possession of the fingerprint clearance card.

3. On submission of an application for a fingerprint clearance card, collect the fees established by the board of fingerprinting pursuant to section 41-619.53 and deposit, pursuant to sections 35-146 and 35-147, the monies collected in the board of fingerprinting fund.

4. Inform in writing each person who submits fingerprints for a fingerprint background check of the right to petition the board of fingerprinting for a good cause exception pursuant to section 41-1758.03, 41-1758.04 or 41-1758.07.

5. If after conducting a state and federal criminal history records check the division determines that it is not authorized to issue a fingerprint clearance card to a person, inform the person in writing that the division is not authorized to issue a fingerprint clearance card. The notice shall include the criminal history information on which the denial was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544.

6. Notify the person in writing if the division suspends, revokes or places a driving restriction notation on a fingerprint clearance card pursuant to section 41-1758.04. The notice shall include the criminal history information on which the suspension, revocation or placement of the driving restriction notation was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544.

7. Administer and enforce this article.

B. The fingerprinting division may contract for electronic or internet-based fingerprinting services through an entity or entities for the acquisition and transmission of applicant fingerprint and data submissions to the department, including identity verified fingerprints pursuant to section 15-106. The entity or entities contracted by the department of public safety may charge the applicant a fee for services provided pursuant to this article. The entity or entities contracted by the department of public safety shall comply with:

1. All information privacy and security measures and submission standards established by the department of public safety.

2. The information technology security policy approved by the department of public safety.
A.R.S. § 41-2401 — Arizona Code / Title 41 / Chapter 21 / Article 1 / Section 2401
41-2401 Criminal justice enhancement fund
Status: in_force

41-2401. Criminal justice enhancement fund

A. The criminal justice enhancement fund is established consisting of monies collected pursuant to section 12-116.01 and monies available from any other source. The state treasurer shall administer the fund.

B. On or before November 1 of each year, each department, agency or office that receives monies pursuant to this section shall provide to the Arizona criminal justice commission a report for the preceding fiscal year. The report shall be in a form prescribed by the Arizona criminal justice commission. The report shall set forth the sources of all monies and all expenditures. The report shall not include any identifying information about specific investigations.

C. On or before December 1 of each year, the Arizona criminal justice commission shall compile all reports into a single comprehensive report and shall submit a copy of the comprehensive report to the governor, the president of the senate, the speaker of the house of representatives and the director of the joint legislative budget committee.

D. On the first day of each month, the state treasurer shall distribute or deposit:

1. 20.81 percent in the department of public safety forensics fund established by section 41-1730.

2. 3.57 percent to the department of juvenile corrections for the treatment and rehabilitation of youth who have committed drug-related offenses.

3. 5.18 percent in the prosecuting attorneys' advisory council training fund established by section 41-1830.03.

4. 12.38 percent to the supreme court for the purpose of reducing juvenile crime.

5. 10.01 percent to the department of public safety for allocation to state and local law enforcement authorities for the following purposes:

(a) To enhance projects that are designed to prevent residential and commercial burglaries, to control street crime, including the activities of criminal street gangs, and to locate missing children.

(b) To provide support to the Arizona automated fingerprint identification system.

(c) Operational costs of the criminal justice information system.

6. 12.38 percent to the department of law for allocation to county attorneys for the purpose of enhancing prosecutorial efforts.

7. 8.59 percent to the supreme court for the purpose of enhancing the ability of the courts to process criminal and delinquency cases, orders of protection, injunctions against harassment and any proceeding relating to domestic violence matters, for auditing and investigating persons or entities licensed or certified by the supreme court and for processing judicial discipline cases. Notwithstanding section 12-143, subsection A, the salary of superior court judges pro tempore who are appointed for the purposes provided in this paragraph shall, and the salary of other superior court judges pro tempore who are appointed pursuant to section 12-141 for the purposes provided in this paragraph may, be paid in full by the monies received pursuant to this paragraph.

8. 15.06 percent to the county sheriffs for the purpose of enhancing county jail facilities and operations, including county jails under the jurisdiction of county jail districts.

9. 3.52 percent to the Arizona criminal justice commission.

10. 4.34 percent in the department of public safety forensics fund established by section 41-1730.

11. 4.16 percent to the supreme court for the purpose of providing drug treatment services to adult probationers through the community punishment program established in title 12, chapter 2, article 11.

E. Monies distributed pursuant to subsection D, paragraphs 3, 6, 8 and 10 of this section constitute a continuing appropriation.  Monies distributed pursuant to subsection D, paragraphs 1, 2, 4, 7, 9 and 11 of this section are subject to legislative appropriation.

F. The portion of the monies for direct operating expenses of the department of public safety in subsection D, paragraph 5 of this section is subject to legislative appropriation. The remainder of the monies in subsection D, paragraph 5 of this section, including the portion for local law enforcement, is continuously appropriated.

G. The allocation of monies pursuant to subsection D, paragraphs 5, 6, 7 and 8 of this section shall be made in accordance with rules adopted by the Arizona criminal justice commission pursuant to section 41-2405.
A.R.S. § 41-253 — Arizona Code / Title 41 / Chapter 2 / Article 1 / Section 253
41-253 Requirements for certain notarial acts
Status: in_force

41-253. Requirements for certain notarial acts

A. A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.

B. A notarial officer who takes a verification of a statement on oath or affirmation shall determine both of the following:

1. From personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.

2. That the record that contains the statement verified is complete to the best of the notarial officer's knowledge.

C. A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.

D. A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true and accurate transcription or reproduction of the record or item. Except as required under section 41-319, a notarial officer may not certify or attest a copy of a public record of this state.

E. A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in section 47-3505, subsection B.

F. A notary public who performs a notarial act for an individual shall communicate with the individual through either of the following:

1. Directly in a language that both the notary public and the individual understand.

2. Indirectly through a translator who communicates directly with the notary public and the individual in languages that the translator understands.
A.R.S. § 41-101.02 — Arizona Code / Title 41 / Chapter 1 / Article 1 / Section 101.02
41-101.02 Authority to enter reciprocal aid agreements
Status: in_force

41-101.02. Authority to enter reciprocal aid agreements

A. The governor may on behalf of the state enter into reciprocal aid agreements or compacts with other states or the federal government, either on a statewide or local subdivision basis. Such mutual aid arrangements shall be limited to furnishing or exchange of:

1. Police services.

2. Personnel necessary to provide or conduct such services.

3. Such other supplies, equipment, facilities, personnel and services as needed. The agreements may relate to the terms and conditions of mutual aid and to reimbursement of costs and expenses for equipment and supplies, personnel and similar items for mobile support units and police units.

B. The provisions of subsection A do not affect, modify, limit or pertain to powers of the governor provided for by title 26, chapter 2, article 1.
A.R.S. § 41-2563 — Arizona Code / Title 41 / Chapter 23 / Article 4 / Section 2563
41-2563 Exempted services
Status: in_force

41-2563. Exempted services

Specifications for services procured under section 41-2513 may be prepared by a purchasing agency in accordance with this article and rules adopted under this article.
A.R.S. § 41-2502 — Arizona Code / Title 41 / Chapter 23 / Article 1 / Section 2502
41-2502 Determinations
Status: in_force

41-2502. Determinations

Written determinations required by this chapter shall be retained in the appropriate official records file of the director.
A.R.S. § 41-2409 — Arizona Code / Title 41 / Chapter 21 / Article 1 / Section 2409
41-2409 State aid; administration; report
Status: in_force

41-2409. State aid; administration; report

A. The Arizona criminal justice commission shall administer the state aid to county attorneys fund established by section 11-539. On or before September 1 of each year, the commission shall distribute monies in the fund to each county according to the following composite index formula:

1. The three-year average of the total felony filings in the superior court in the county, divided by the statewide three-year average of the total felony filings in the superior court.

2. The county population, as adopted by the office of economic opportunity, divided by the statewide population, as adopted by the office of economic opportunity.

3. The sum of paragraphs 1 and 2 of this subsection divided by two equals the composite index.

4. The composite index for each county shall be used as the multiplier against the total monies appropriated from the state general fund and other monies distributed to the fund pursuant to section 41-2421.

B. The board of supervisors in each county shall separately account for the monies transmitted pursuant to subsection A of this section and may expend these monies only for the purposes specified in section 11-539. The county treasurer shall invest these monies and interest earned shall be expended only for the purposes specified in section 11-539.

C. The Arizona criminal justice commission shall administer the state aid to indigent defense fund established by section 11-588. By September 1 of each fiscal year, the commission shall distribute monies in the fund to each county according to the following composite index formula:

1. The three-year average of the total felony filings in the superior court in the county divided by the statewide three-year average of the total felony filings in the superior court.

2. The county population, as adopted by the office of economic opportunity, divided by the statewide population, as adopted by the office of economic opportunity.

3. The sum of paragraphs 1 and 2 of this subsection divided by two equals the composite index.

4. The composite index for each county shall be used as the multiplier against the total monies appropriated from the state general fund and other monies distributed to the fund pursuant to section 41-2421.

D. The board of supervisors shall separately account for the monies transmitted pursuant to subsection C of this section and may expend these monies only for the purposes specified in section 11-588. The county treasurer shall invest these monies and interest earned shall be expended only for the purposes specified in section 11-588.

E. The Arizona criminal justice commission shall administer the state aid for juvenile dependency proceedings fund established by section 41-2410. On or before September 1 of each fiscal year, the Arizona criminal justice commission shall distribute monies in the fund to each county based on the proportional share of filings for each county in the most recent fiscal year for which juvenile dependency case filing figures are available. Distributions from the state aid for juvenile dependency proceedings fund to a county may not exceed $250,000 in any fiscal year. If a county distribution in any fiscal year is projected to exceed $250,000, the Arizona criminal justice commission shall distribute monies in excess of $250,000 to the remaining counties based on the proportional share of juvenile dependency case filings statewide for each county less the juvenile dependency case filings from the counties that have reached the maximum distribution in the fiscal year.

F. The board of supervisors shall separately account for the monies distributed pursuant to subsection E of this section and may spend these monies only for the purposes specified in section 41-2410. The county treasurer shall invest these monies and interest earned shall be spent only for the purposes specified in section 41-2410.

G. On or before January 8 each year, the commission shall report to each county board of supervisors, the governor, the legislature, the joint legislative budget committee, the chief justice of the supreme court and the attorney general on the expenditure of the monies in the state aid to county attorneys fund and the state aid to indigent defense fund for the prior fiscal year and on the progress made in achieving the goal of improved criminal case processing.
A.R.S. § 41-1610.03 — Arizona Code / Title 41 / Chapter 11 / Article 1 / Section 1610.03
41-1610.03 Inmates; workforce and reentry; documentation; rules
Status: in_force

41-1610.03. Inmates; workforce and reentry; documentation; rules

A. The state department of corrections shall provide an inmate who is discharged from imprisonment for a felony offense and who intends to reside in this state with relevant documentation to assist the inmate in obtaining postrelease employment and shall coordinate with the department of transportation to replace the inmate's current nonoperating identification license or driver license, if applicable, or to provide the inmate with a nonoperating identification license if the inmate does not possess a current nonoperating identification license or driver license.

B. Nine months before an inmate's release from custody, the state department of corrections, in coordination with the department of transportation, shall determine whether the inmate possesses a current and valid nonoperating identification license or driver license. If the inmate does not possess a current and valid nonoperating identification license or driver license, the state department of corrections shall begin gathering the documentation that is required for obtaining a nonoperating identification license.

C. The state department of corrections, in coordination with the department of transportation, shall provide a nonoperating identification license to each eligible inmate, on release from custody, who does not possess a current and valid nonoperating identification license or driver license.  A nonoperating identification license or driver license that is issued to an inmate pursuant to this section shall be issued, replaced, canceled and denied in the same manner as a nonoperating identification license or a driver license pursuant to title 28, chapter 8, article 4.

D. The department of transportation shall allow copies of birth certificates along with a state department of corrections issued record card to serve as a valid form of photo identification to obtain a nonoperating identification license or driver license pursuant to subsection C of this section.

E. The state department of corrections shall provide any inmate who has served in the United States military with the contact information of the department of veterans' services along with the department of veterans' services veteran benefits guide.

F. The state department of corrections may use any monies available to cover the costs associated with implementing and administering this section and to pay fees associated with issuing a nonoperating identification license or driver license, including inmate trust fund monies, existing department fund monies and donations.

G. To assist an inmate in obtaining postrelease employment, the state department of corrections shall provide the inmate with the following documentation:

1. A copy of the inmate's vocational training record, if applicable.

2. A copy of the inmate's work record, if applicable.

3. A certified copy of the inmate's birth certificate, if obtainable.

4. A social security card or a replacement social security card, if obtainable.

5. A resume that includes any trade learned by the inmate and the inmate's proficiency at that trade.

6. Documentation that the inmate has completed a mock job interview.

H. The state department of corrections shall notify an inmate if the inmate is eligible to apply for a license or certificate from a state agency that oversees occupational licenses or certifications.

I. Subsection G, paragraphs 5 and 6 do not apply to inmates who are any of the following:

1. Sixty-five years of age or older.

2. Being released for medical reasons or who are being discharged from a prison infirmary.

3. Being released to the custody of another jurisdiction on a warrant or detainer.

4. Determined by the state department of corrections to be physically or mentally unable to return to the workforce on release from incarceration.

J. The state department of corrections, the department of health services and the department of transportation may adopt rules to implement this section.
A.R.S. § 41-1056 — Arizona Code / Title 41 / Chapter 6 / Article 5 / Section 1056
41-1056 Review by agency
Status: repealed

41-1056. Review by agency

A. At least once every five years, each agency shall review all of its rules, including rules made pursuant to an exemption from this chapter or any part of this chapter, to determine whether any rule 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. For each rule, 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 during the previous five years, 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 rules as compared to the economic, small business and consumer impact statement prepared on the last making of the rules.

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 the previous five-year review process.

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 adopted after July 29, 2010 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 shall schedule the periodic review of each agency's rules and shall approve or return, in whole or in part, the agency's report on its review.  The council may grant an agency an extension from filing an agency's report.  If the council returns an agency's report, in whole or in part, the council shall inform the agency of the manner in which its report is inadequate and, in consultation with the agency, shall schedule submission of a revised report. The council shall not approve a report unless the report complies with subsection A of this section.

D. The council may review rules outside of the five-year review process if requested by at least four council members.

E. The council may require the agency to propose an amendment or repeal of the rule by a date no 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.

F. An agency may request an extension of no longer than one year from the date specified by the council pursuant to subsection E 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.

G. 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 E of this section.  If the agency does not amend or repeal the rule by the date specified by the council under subsection E of this section or the extended date under subsection F 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.

H. The council may reschedule a report or portion of a report for any rule that is scheduled for review and that was initially made or substantially revised within two years before the due date of the report as scheduled by the council.

I. 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.

J. If an agency fails to submit its report, including a revised report, pursuant to subsection A or C 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 rules scheduled for review expire and the council shall:

1. Cause a notice to be published in the next register that states the rules have expired and are no longer enforceable.

2. Notify the secretary of state that the rules have expired and that the rules are to be removed from the code.

3. Notify the agency that the rules have expired and are no longer enforceable.

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

L. Not less than 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 rules to be reviewed and the date the report is due.

M. A person who is regulated or could be regulated by an obsolete rule may petition the council to require an agency that has the obsolete rule to consider including the rule in the five-year report with a recommendation for repeal of the rule.

N. A person who is required to obtain or could be required to obtain a license may petition the council to require an agency to consider including a recommendation for reducing a licensing time frame in the five-year report.
A.R.S. § 41-172 — Arizona Code / Title 41 / Chapter 1 / Article 4 / Section 172
41-172 Powers and duties; administering oaths; appointment of deputy state treasurer
Status: in_force

41-172. Powers and duties; administering oaths; appointment of deputy state treasurer

A. The state treasurer shall:

1. Authenticate writings and documents certified by the state treasurer with the seal of the state treasurer's office.

2. Receive and keep in secure custody all monies that belong to this state and that are not required to be received and kept by some other person.

3. File and keep the documentation delivered to the treasurer when monies are deposited into the treasury.

4. Deliver to each person depositing money into the treasury a confirmation showing the date, amount and depositing agency and shall provide a unique identifying number for each confirmation.

5. Pay warrants drawn by the department of administration in the order in which they are presented.

6. Keep an account of all monies received and disbursed, and keep separate accounts of the different funds and appropriations of monies.

7. Give information in writing as to the condition of the state treasury, or on any subject relating to the duties of the treasurer, at the request of a member of the legislature.

8. Deliver to the governor and the department of administration, monthly, an accurate statement of receipts and expenditures of public monies for the preceding month, containing a complete exhibit of all the public monies received and paid from the state treasury, showing, under separate heads, on what accounts and from what sources received, and for what particular object or service the monies have been paid. The treasurer shall deliver to the governor a similar statement on or before November 1 each year for the preceding fiscal year. The statement shall also include an estimate of the invested balance, including the general fund share of that balance as of June 30 of the preceding fiscal year.  The statements are public records available for inspection at the office of the state treasurer.

9. On or before February 1 of each year, in coordination with the director of the department of administration, submit to the joint legislative budget committee a report explaining any differences between the department of administration's estimate of the previous fiscal year's state general fund ending balance submitted pursuant to section 35-131 and the state treasurer's estimate of the invested balance, including the state general fund share of that balance as of June 30 of the previous fiscal year submitted pursuant to paragraph 8 of this subsection.

10. Exercise those specific powers of the surveyor-general as a member of the selection board established under section 37-202.

11. Administer AZ529, Arizona's education savings plan established by title 15, chapter 14, article 7.

12.  Promote and raise awareness of financial literacy to residents of this state.

B. The state treasurer may administer all oaths prescribed by law in matters touching the duties of the office of the state treasurer, subject to chapter 4, article 4 of this title, may appoint a deputy state treasurer, may qualify and select investment managers or advisors pursuant to section 35-318 and shall perform other duties required by other laws of this state.

C. Employees of the state treasurer's office are subject to chapter 4, article 4 of this title.  For prospective or current employees of the state treasurer's office, the state treasurer may:

1. Require the submission of a full set of fingerprints 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.

2. Conduct a periodic review of credit standing.
A.R.S. § 41-626 — Arizona Code / Title 41 / Chapter 3.1 / Article 1 / Section 626
41-626 Mobile food vendors; insurance requirement prohibited; definition
Status: in_force

41-626. Mobile food vendors; insurance requirement prohibited; definition

A. This state or any department or agency of this state may not require a mobile food vendor to maintain an insurance policy that names this state as an additional insured unless the mobile food vendor is attending an event sponsored by this state.

B. For the purposes of this section, "mobile food vendor" means any person who owns, controls, manages or leases a mobile food unit or contracts with a person to prepare foods and vend from, drive or operate a mobile food unit.
A.R.S. § 41-101.03 — Arizona Code / Title 41 / Chapter 1 / Article 1 / Section 101.03
41-101.03 State employee travel reduction program; designated state agency; fund
Status: in_force

41-101.03. State employee travel reduction program; designated state agency; fund

A. The governor shall designate an appropriate state agency to establish, administer and operate a travel reduction program for the transportation of state employees between their residences and their place of work. The designated agency shall establish the travel reduction program for the voluntary participation by state employees in any area of this state where a sufficiently large number of state employees reside and where the costs of administering a travel reduction program would not be excessive.

B. There is established the state employee travel reduction fund which consists of monies appropriated by the legislature, unrestricted private grants, gifts, contributions and devises, federal funds, and fees. The state agency designated by the governor pursuant to this section shall administer the fund and may disburse monies from the fund only in direct support of the travel reduction program established by this section. Monies in the fund appropriated by the legislature are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 41-531 — Arizona Code / Title 41 / Chapter 3 / Article 3 / Section 531
41-531 Arizona office of African-American affairs
Status: in_force

41-531. Arizona office of African-American affairs

A. The Arizona office of African-American affairs is established and consists of the governor, the superintendent of public instruction, the director of the department of health services, the director of the department of transportation, the attorney general, the director of the department of economic security, the director of the office of tourism and the chief executive officer of the Arizona commerce authority, or their representatives, who shall be ex officio members, and nine members who are appointed by the governor, seven of whom are African-American and two of whom are not African-American.

B. The term of office of each appointed member is three years.  Each member shall hold office until the member's successor is appointed and qualifies. Appointment to fill a vacancy caused other than by expiration of a term shall be for the unexpired portion of the term.

C. Members of the office shall serve without compensation.

D. The office shall elect a chairperson and a vice chairperson from among its appointed members and adopt rules for the conduct of meetings. A record shall be kept of all proceedings and transactions.

E. Section 41-2955, subsection D does not apply to the office.

F. The office shall meet at least quarterly on the second Thursday of the first month of each quarter and may hold additional meetings on the call of the chairperson. A majority of the appointed members of the office constitute a quorum for the transaction of business, but ex officio members may vote. Members who fail to attend three consecutive meetings are deemed to have resigned.

G. The appointed members of the office shall employ, subject to chapter 4, article 4 of this title, an executive director of the office who shall not be a member of the office.  The director is eligible to receive compensation as determined by the office from monies available in the Arizona office of African-American affairs fund established by section 41-533. The office may employ clerical, professional and technical personnel subject to chapter 4, article 4 of this title and monies available in the Arizona office of African-American affairs fund and shall prescribe their duties and determine their compensation.
A.R.S. § 41-841 — Arizona Code / Title 41 / Chapter 4.1 / Article 4 / Section 841
41-841 Archaeological and vertebrate paleontological discoveries
Status: in_force

41-841. Archaeological and vertebrate paleontological discoveries

A. On lands owned or controlled by this state or any agency of this state a person shall not knowingly excavate in or upon any historic or prehistoric ruin, burial ground, archaeological or vertebrate paleontological site, or site including fossilized footprints, inscriptions made by human agency or any other archaeological, paleontological or historical feature, except when acting as a duly authorized agent of an institution or corporation referred to in section 41-842.

B. On lands owned or controlled by this state or any agency of this state a person shall not knowingly collect any archaeological specimen or vertebrate paleontological specimen without obtaining a permit authorizing the activity as provided under section 41-842. For the purpose of this subsection, "archaeological specimen" means any item resulting from past human life or activities which is at least one hundred years old including petroglyphs, pictographs, paintings, pottery, tools, ornaments, jewelry, textiles, ceremonial objects, weapons, armaments, vessels, ships, vehicles and human skeletal remains. Archaeological specimen does not include arrowheads, coins or bottles.
A.R.S. § 41-1505.12 — Arizona Code / Title 41 / Chapter 10 / Article 1 / Section 1505.12
41-1505.12 Arizona commerce authority local communities fund
Status: in_force

41-1505.12. Arizona commerce authority local communities fund

(Caution:  1998 Prop 105 applies)

A. The Arizona commerce authority local communities fund is established consisting of monies deposited pursuant to sections 5-601.02(H)(4)(b) and 5-601.02(I)(6)(b)(vii), and interest earned on those monies.  The chief executive officer shall administer the fund. The fund is not subject to appropriation, and expenditures from the fund are not subject to outside approval notwithstanding any statutory provision to the contrary.

B. Monies received pursuant to sections 5-601.02(H)(4)(b) and 5-601.02(I)(6)(b)(vii) shall be deposited directly with the Arizona commerce authority local communities fund.  On notice from the chief executive officer, the state treasurer may invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.  No monies in the fund shall revert to or be deposited in any other fund, including the state general fund.  Monies in the fund are exempt from the provisions of section 35-190 relating to the lapsing of appropriations. Monies provided from the fund shall supplement, not supplant, existing monies.

C. All monies in the fund shall be used by the authority to provide grants to cities, towns and counties for government services that benefit the general public, including public safety, mitigation of impacts of gaming, or promotion of commerce and economic development. All grant applications must have a written endorsement of a nearby Indian tribe to receive an award of funds from the authority.
A.R.S. § 41-1545.03 — Arizona Code / Title 41 / Chapter 10 / Article 5 / Section 1545.03
41-1545.03 Annual report by grant recipient
Status: in_force

41-1545.03. Annual report by grant recipient

On or before December 31 of each year, each entity that receives a grant under this article shall submit to the chief executive officer a progress report containing the information compiled during the preceding calendar year regarding the attainment of each of the performance targets in the grant agreement.
A.R.S. § 41-1828 — Arizona Code / Title 41 / Chapter 12 / Article 8 / Section 1828
41-1828 Allocation of monies
Status: in_force

41-1828. Allocation of monies

A. On the recommendation of the board, the executive director shall allocate and the state treasurer shall pay from the peace officers' training fund to each county, city or town of this state that has applied and qualified for a grant pursuant to this chapter a sum that will reimburse the political subdivision in an amount not to exceed one-half of the salary paid to each peace officer while participating in training. The cost of the training and living and travel expenses up to the maximum as prescribed by title 38, chapter 4, article 2 that are incurred by state, county, city or town officers while participating in training may be paid to the appropriate state agency or political subdivision.

B. If the monies in the peace officers' training fund budgeted by the board for such salary reimbursement are insufficient to allocate such amount to each participating county, city or town, the amount that is allocated to each shall be reduced proportionately. The board may refuse to allocate monies to any state agency, county, city or town that has not, throughout the period covered by the allocation, adhered to the recruitment and training standards established by the board as applicable to personnel recruited or trained by the state agency, county, city or town during the allocation period.
A.R.S. § 41-3000.02 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3000.02
41-3000.02 State educational system for committed youth board; termination July 1, 2000
Status: repealed

41-3000.02. State educational system for committed youth board; termination July 1, 2000

A. The state educational system for committed youth board terminates on July 1, 2000.

B. Title 41, chapter 26, article 2, is repealed on January 1, 2001.
A.R.S. § 41-1604.12 — Arizona Code / Title 41 / Chapter 11 / Article 1 / Section 1604.12
41-1604.12 Community correctional centers; powers and duties; allocation of compensation; absence without leave; classification; notice; applicability
Status: in_force

41-1604.12. Community correctional centers; powers and duties; allocation of compensation; absence without leave; classification; notice; applicability

A. The director may:

1. Establish and operate facilities to be known as community correctional centers.

2. Transfer inmates whose terms of imprisonment have been fixed from the state prisons and facilities of the department to community correctional centers and place parolees in the centers.

B. The director shall make rules for the government of the community correctional centers in the management of their affairs.  Sections 31-254 and 41-1624.01 do not apply to compensation received by inmates or parolees assigned to community correctional centers. The department is authorized to charge and collect one-third of any compensation received by an inmate or parolee living at the center for room and board. The department is further authorized to collect and forward to the court or other person authorized to receive court-ordered restitution an amount not to exceed one-third of the compensation received by an inmate or parolee assigned to the center. Other than for room and board or court-ordered restitution, compensation of the inmate or parolee received by the department while the inmate or parolee is assigned to the center shall be credited to the inmate's or parolee's account.

C. The purpose of community correctional centers is to provide housing, supervision, counseling and other correctional programs for persons committed to the department.

D. Absence without leave from a community correctional center or intentional failure of an inmate to return from a furlough, work furlough or temporary leave granted under the provision of this section is a class 5 felony.

E. Before incurring any obligation for the establishment or any change of use of a community correctional center, the department shall give notice pursuant to section 41-1604.19. The county, city or town and school district may contest establishment of a community correctional center by written objection filed with the department within thirty days after receiving notice, and may request a hearing to be conducted by the department pursuant to chapter 6, article 6 of this title.

F. This section applies only to persons who commit felony offenses before January 1, 1994.
A.R.S. § 41-860.07 — Arizona Code / Title 41 / Chapter 4.1 / Article 5 / Section 860.07
41-860.07 Sierra Vista; hummingbird capital
Status: in_force

41-860.07. Sierra Vista; hummingbird capital

Sierra Vista is the official hummingbird capital of this state.
A.R.S. § 41-1629 — Arizona Code / Title 41 / Chapter 11 / Article 3 / Section 1629
41-1629 Order of distribution of articles, services and products; sale of surplus products
Status: in_force

41-1629. Order of distribution of articles, services and products; sale of surplus products

A. The articles or products manufactured or produced or services provided by Arizona correctional industries in accordance with the provisions of this article shall be devoted to both:

1. Fulfilling the requirements of the offices, departments, institutions and agencies of the state that are supported in whole or in part by the state.

2. Providing the political subdivisions of the state and the public with such articles, services and products.

B. To prevent loss to the state, the director or the director's designee may dispose of surplus products developed from the operations of Arizona correctional industries in prisons, institutions or locations under the jurisdiction of the director by sale to private persons, firms, corporations or associations in any other state, to foreign governments, to corporations for distribution in foreign countries, and to private persons or their agents in markets outside the United States and in countries which permit the importation of prison-made goods.

C. All articles or products manufactured or produced or services provided by Arizona correctional industries, except agricultural products, shall be priced at not less than the actual cost of producing and marketing the product plus an allowance for overhead and administrative costs and a reasonable profit to provide fiscal resources for the research and development of inmate work programs. Arizona correctional industries shall defray its costs, on an accrual basis, out of receipts from the sale of articles and products.

D. All profits earned from the sale of articles, services or products pursuant to subsection B shall be deposited in the Arizona correctional industries revolving fund.
A.R.S. § 41-109 — Arizona Code / Title 41 / Chapter 1 / Article 1 / Section 109
41-109 Prevention of child abuse fund; definitions
Status: in_force

41-109. Prevention of child abuse fund; definitions

A. The prevention of child abuse fund is established consisting of monies received pursuant to section 28-2417. The director of the governor's office of youth, faith and family shall administer the fund. Not more than three percent of monies deposited in the fund annually shall be used for the cost of administering the fund. Monies in the fund are continuously appropriated.

B. The governor's office of youth, faith and family shall allocate monies to primary prevention programs that strengthen families and that increase public and professional awareness to prevent child abuse in all its forms to children in this state.  Beginning January 1, 2020, monies received pursuant to section 28-2417 may be allocated to child and family advocacy centers to provide support to victims of child abuse.

C. On notice from the director of the governor's office of youth, faith and family, 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 fund.

D. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

E. Before allocating monies pursuant to subsection B of this section:

1. The director of the governor's office of youth, faith and family shall prepare and issue a request for donation application that includes at least the following information:

(a) A description of the nature of the donation project, including the scope of the work to be performed by an awardee.

(b) Identification of the funding source and the total amount of available monies.

(c) Whether a single award or multiple awards may be made.

(d) Encouragement of collaboration by entities for community partnerships, if appropriate.

(e) Any additional information required by the applications.

(f) The criteria or factors under which an application will be evaluated for award and the relative importance of each criteria or factor.

(g) The due date for submittal of an application and the anticipated time the awards may be made.

2. Adequate public notice of the request for donation application shall be given a reasonable time before the date set forth in the request for application. The notice may include publication one or more times in a newspaper of general circulation in this state a reasonable time before the application opening.

3. A preapplication conference may be conducted before the due date for the submittal of an application to explain the donation application requirements. Statements made at a preapplication conference are not amendments to a request for a donation application unless a written amendment is issued.

4. A donation application shall be publicly received at the time and place designated in the request for donation application. The name of each applicant shall be publicly read and recorded. All other information in the donation application is confidential during the process of evaluation.  All applications shall be open for public inspection after donations are awarded.  To the extent the applicant designates and the state concurs, trade secrets and other proprietary information contained in the application shall remain confidential.

5. An application shall be evaluated by at least three evaluators who are peers or other qualified individuals. The evaluators may allow an applicant to make an oral or written presentation regarding the scope of work, terms and conditions of the donations, budget and other relevant matters set forth in the request for application. An applicant shall be accorded fair treatment with respect to any opportunity for oral or written presentations. The evaluators may require an applicant to revise the application to reflect information provided in an oral or written presentation.  Any person who has information contained in the application of competing applicants shall not disclose that information.

6. The evaluators shall review each application based solely on the evaluation criteria or factors set forth in the request for donation application. Each evaluator shall maintain a written record of the evaluator's assessment of each application, which shall include comments regarding compliance with each evaluation criteria or factor, the citation of a specific criteria or factor as the basis of each stated strength or weakness and a clear differentiation between comments based on facts presented in the application and comments based on professional judgment.

7. The evaluators shall make award recommendations to the director of the governor's office of youth, faith and family based on the evaluators' reviews of each application. The evaluators' recommendations may include the adjustment of the budgets of the applicants individually or collectively.

8. The director of the governor's office of youth, faith and family may affirm, modify or reject the evaluators' recommendations in whole or in part. Modification of the evaluators' recommendations may include the adjustment of the budget on any proposed award individually or on all awards by an amount or percentage. If the director of the division modifies or rejects the recommendations, the director shall document in writing the specific justifications for the action taken.

9. The director of the governor's office of youth, faith and family may enter into agreements with other state governmental units to furnish assistance in conducting the solicitation of donation applications.

10. The director of the governor's office of youth, faith and family may resolve protests of the award or proposed award of a donation. An appeal from a decision of the director of the governor's office of youth, faith and family may be made to the director of the department of administration. A protest of an award or proposed award of a donation and any appeals shall be resolved in accordance with the rules of procedure adopted by the department of administration pursuant to section 41-2611.

F. On or before December 31 of each year, the director of the governor's office of youth, faith and family shall submit a written report to the governor, the president of the senate and the speaker of the house of representatives on all expenditures made from the fund in that calendar year. The report shall include all administrative expenses, all grants of monies, the names of grantees and any remaining balance in the fund. The director shall provide a copy of the report to the secretary of state and the director of the Arizona state library, archives and public records.

G. The director of the governor's office of youth, faith and family shall make available to the public a list of all grants awarded pursuant to this section.

H. For the purposes of this section:

1. "Donation" means furnishing financial or other assistance, including state monies or federal grant monies, by the director of the governor's office of youth, faith and family to any person for the purpose of supporting or stimulating primary prevention programs that strengthen families and that increase public and professional awareness to prevent child abuse in all its forms to children of this state if no substantial involvement between the governor's office of youth, faith and family and the recipient occurs during performance.

2. "Person" means any corporation, business, individual, committee, club or other organization or group of individuals.
A.R.S. § 41-1837 — Arizona Code / Title 41 / Chapter 12.1 / Article 1 / Section 1837
41-1837 Financial responsibility for emergency medical services rendered to indigents
Status: in_force

41-1837. Financial responsibility for emergency medical services rendered to indigents

A. If an indigent emergency medical patient is received by an emergency receiving facility from an ambulance with necessary medical equipment and supplies to provide emergency medical services and which is licensed pursuant to title 36, chapter 21.1, the county is liable pursuant to section 11-297.02 to the ambulance service for the cost of transporting the patient and to the facility for the reasonable costs of all medical services rendered to the patient by the facility until the patient is transferred by the county to the county hospital, or some other facility designated by the county.

B. This section does not apply to air ambulances, including ambulance helicopters, operated by the department. There shall be no charge made to the patient for any emergency medical care provided by department personnel.
A.R.S. § 41-196 — Arizona Code / Title 41 / Chapter 1 / Article 5 / Section 196
41-196 Witness protection
Status: in_force

41-196. Witness protection

A. The director of the department of public safety with the concurrence of the attorney general may upon the director's own initiative or at the request of any county attorney or law enforcement agency provide for the security of government witnesses, potential government witnesses and their immediate families in official criminal or civil proceedings instituted or investigations pending against a person alleged to have engaged in a violation of the law. Providing for this security of witnesses may include provision of housing facilities and for the health, safety and welfare of such witnesses and their immediate families, if testimony by such a witness might subject the witness or a member of his immediate family to a danger of bodily injury, and may continue so long as such danger exists. The director of the department of public safety with the concurrence of the attorney general may authorize the purchase, rental or modification of protected housing facilities for the purpose of this section. He may also with the concurrence of the attorney general contract with any government or department of government to obtain or to provide the facilities or services to carry out this section. Any appropriation for witness protection shall be made to and administered by the department of public safety.

B. The offer of protection to a person may be conditioned by the director of the department of public safety upon reimbursement in whole or part to the state by a government of the cost of maintaining and protecting such person.

C. Monies deposited in the anti-racketeering revolving fund established pursuant to section 13-2314.01 may be used for witness protection.
A.R.S. § 41-1461 — Arizona Code / Title 41 / Chapter 9 / Article 4 / Section 1461
41-1461 Definitions
Status: in_force

41-1461. Definitions

In this article, unless the context otherwise requires:

1. "Auxiliary aids and services" includes:

(a) Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments.

(b) Qualified readers, taped texts or other effective methods of making visually delivered materials available to individuals with visual impairments.

(c) Acquisition or modification of equipment or devices.

(d) Other similar services and actions.

2. "Because of sex" and "on the basis of sex" includes because of or on the basis of pregnancy or childbirth or related medical conditions.

3. "Being regarded as having such a physical or mental impairment":

(a) Means an individual who establishes that the individual has been subjected to an action prohibited under this article because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.

(b) Does not mean an impairment that is transitory and minor.  For the purposes of this subdivision, "transitory impairment" means an impairment with an actual or expected duration of six months or less.

4. "Covered entity" means an employer, employment agency, labor organization or joint labor-management committee.

5. "Disability" means, with respect to an individual, except any impairment caused by current use of illegal drugs, any of the following:

(a) A physical or mental impairment that substantially limits one or more of the major life activities of the individual.

(b) A record of such a physical or mental impairment.

(c) Being regarded as having such a physical or mental impairment.

6. "Employee":

(a) Means an individual employed by an employer.

(b) Does not include an elected public official of this state or any political subdivision of this state, any person chosen by an elected official to be on the elected official's personal staff, an appointee on the policymaking level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office, unless the person or appointee is subject to the civil service laws of this state or any political subdivision of this state.

7. "Employer":

(a) Means a person who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year and any agent of that person or a person who has one or more employees in the current or preceding calendar year and any agent of that person, to the extent that the person is alleged to have:

(i) Committed any act of sexual harassment.

(ii) Discriminated against anyone for opposing sexual harassment or making a charge, testifying, assisting or participating in any manner in an investigation, proceeding or hearing arising from sexual harassment.

(b) Does not include either:

(i) The United States or any department or agency of the United States, a corporation wholly owned by the government of the United States or an Indian tribe.

(ii) A bona fide private membership club, other than a labor organization, that is exempt from taxation under section 501(c) of the internal revenue code of 1954.

8. "Employment agency" means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of that person.

9. "Labor organization":

(a) Means a labor organization and any agent of a labor organization.

(b) Includes:

(i) Any organization of any kind, any agency or employee representation committee, group, association or plan in which fifteen or more employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment.

(ii) Any conference, general committee, joint or system board or joint council that is subordinate to a national or international labor organization.

10. "Major life activities" includes:

(a) Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.

(b) The operation of a major bodily function, including functions of the immune system, normal cell growth and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.

11. "Person" means one or more individuals, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy or receivers.

12. "Qualified individual" means a person with a disability who, with or without reasonable accommodation, is capable of performing the essential functions of the employment position that the individual holds or desires.

13. "Reasonable accommodation" includes:

(a) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities.

(b) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modification of examinations, training materials or policies, the provision of qualified readers, taped texts or other effective methods of making visually delivered materials available to individuals with visual impairments, the provision of auxiliary aids and services or interpreters and other similar services and actions for individuals with disabilities.

14. "Religion" means all aspects of religious observance and practice, as well as belief.  Unlawful practices as prohibited by this article include practices with respect to religion unless an employer demonstrates that the employer is unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.

15. "Undue hardship":

(a) Means an action requiring significant difficulty or expense when considered in light of the factors set forth in subdivision (b) of this paragraph.

(b) When determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include:

(i) The nature and cost of the accommodations needed under this article.

(ii) The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at the facility, the effect on expenses and resources of the facility and any other impact of the accommodation on the operation of the facility.

(iii) The overall financial resources of the covered entity, the overall size of the business of the covered entity with respect to the number of its employees and the number, type and location of its facilities.

(iv) The type of operation or operations of the covered entity, including the composition, structure and functions of the workforce of the covered entity.

(v) The geographic separateness and the administrative or fiscal relationship of the facility to the covered entity.
A.R.S. § 41-2672 — Arizona Code / Title 41 / Chapter 23 / Article 13 / Section 2672
41-2672 On-line bidding
Status: in_force

41-2672. On-line bidding

A. If a procurement officer determines that electronic, on-line bidding is more advantageous than other procurement methods provided in this chapter, a procurement officer may use on-line bidding to obtain bids electronically for the purchase of goods, services, construction and information services.

B. An on-line bidding solicitation must designate an opening date and time.

C. The closing date and time for an on-line solicitation may be fixed or remain open depending on the structure of the item being bid on line. Information regarding the closing date and time must be included in the solicitation. At the opening date and time, the purchasing agency must begin accepting on-line bids and must continue accepting bids until the bid is officially closed.

D. All on-line bids must be posted electronically and updated on a real-time basis.

E. Purchasing agencies may:

1. Require bidders to register before the opening date and time and, as part of that registration, require bidders to agree to any terms, conditions or other requirements of the solicitation.

2. Prequalify bidders and allow only those bidders who are prequalified to submit bids on line.

F. Purchasing agencies retain their existing authority to determine the criteria that will be used as a basis for making awards.

G. Sections 41-2533 and 41-2534 do not apply to solicitations issued pursuant to this section, except that:

1. All bids submitted electronically through an on-line bidding process are public information and are subject to the same public disclosure laws that govern bids received through the sealed bid process.

2. All remedies available to purchasing agencies and to bidders through the sealed bid process under this chapter are also available to purchasing agencies and bidders in an on-line bidding process.
A.R.S. § 41-1803 — Arizona Code / Title 41 / Chapter 12 / Article 7.1 / Section 1803
41-1803 Statewide critical infrastructure information system; disclosure; definition
Status: in_force

41-1803. Statewide critical infrastructure information system; disclosure; definition

A. The department of public safety shall establish and operate a statewide critical infrastructure information system.

B. When the department of public safety declares through written notice to all state agencies and local governments that the statewide critical infrastructure information system is operational, all state agencies and local governments shall only use the statewide critical infrastructure information system and shall not operate independent critical infrastructure information systems.  State agencies and local governments are not required to use the statewide system if they are operating or developing a critical infrastructure information system before the department of public safety declares that the statewide critical infrastructure information system is operational.  State agencies and local governments shall make efforts to ensure that the statewide system is interoperable with other critical infrastructure information systems allowed by law.

C. All state and local government-owned critical infrastructure facilities that are occupied by state or local government employees shall be added to the statewide critical infrastructure information system when funding is available.  Nothing in this article requires any state agency or local government to add a critical infrastructure facility to the system unless the entire cost of adding the facility is provided by available federal monies.

D. Except for state and local government-owned critical infrastructure facilities, any entity may voluntarily participate in the statewide critical infrastructure information system at its own cost. Tribal participation shall be supported with federal monies provided directly or by this state under procedures established for grant allocations by the office of the governor.

E. Consistent with the guidelines developed under section 41-1804, the department of public safety shall make critical infrastructure information available, consistent with information protection procedures, to all state, local, federal and tribal law enforcement agencies, the department of emergency and military affairs, public health organizations, the Arizona department of agriculture, the department of health services, fire departments and other organizations as necessary to safeguard personnel and property in this state.

F. The department of public safety shall pursue federal monies for all state and local critical infrastructure facilities to be added to the system.

G. All critical infrastructure and key resource information that is protected by the critical infrastructure information act of 2002 (6 United States Code section 133) and that is provided to or in the possession of any state agency or political subdivision of this state, or an authorized agent of a state agency or political subdivision, is confidential and exempt from public disclosure under this chapter and title 39, chapter 1. When information is provided pursuant to this subsection, the provider is responsible for notifying the recipient that such information is critical infrastructure or key resource information.

H. For the purposes of this article, "local government" means any county, city, town, school district or tribal law enforcement agency.
A.R.S. § 41-125 — Arizona Code / Title 41 / Chapter 1 / Article 2 / Section 125
41-125 Membership in national organizations; attending conventions
Status: in_force

41-125. Membership in national organizations; attending conventions

The secretary of state is authorized to hold membership in, and to maintain membership by the payment of dues to, the national organizations of state officials occupying a like office or performing similar functions, and is authorized to attend the national association of secretaries of state.
A.R.S. § 41-2633 — Arizona Code / Title 41 / Chapter 23 / Article 10 / Section 2633
41-2633 Use of payments received by a supplying public procurement unit
Status: in_force

41-2633. Use of payments received by a supplying public procurement unit

All payments received by a public procurement unit supplying personnel or services shall be available to the supplying public procurement unit to defray the cost of the cooperative program.
A.R.S. § 41-1954 — Arizona Code / Title 41 / Chapter 14 / Article 1 / Section 1954
41-1954 Powers and duties
Status: in_force

41-1954. Powers and duties

A. In addition to the powers and duties of the agencies listed in section 41-1953, subsection E, the department shall:

1. Administer the following services:

(a) Employment services, including manpower programs and work training, field operations, technical services, unemployment compensation, community work and training and other related functions in furtherance of programs under the social security act, as amended, the Wagner-Peyser act, as amended, the federal unemployment tax act, as amended, 33 United States Code, the family support act of 1988 (P.L. 100-485) and other related federal acts and titles.

(b) Individual and family services, which shall include a section on aging, services to children, youth and adults and other related functions in furtherance of social service programs under the social security act, as amended, title IV, except parts B and E, grants to states for aid and services to needy families with children and for child welfare services, title XX, grants to states for services, the older Americans act, as amended, the family support act of 1988 (P.L. 100-485) and other related federal acts and titles.

(c) Income maintenance services, including categorical assistance programs, special services unit, child support collection services, establishment of paternity services, maintenance and operation of a state case registry of child support orders, a state directory of new hires, a support payment clearinghouse and other related functions in furtherance of programs under the social security act, title IV, grants to states for aid and services to needy families with children and for child welfare services, title XX, grants to states for services, as amended, and other related federal acts and titles.

(d) Rehabilitation services, including vocational rehabilitation services and sections for the blind and visually impaired, communication disorders, correctional rehabilitation and other related functions in furtherance of programs under the vocational rehabilitation act, as amended, the Randolph-Sheppard act, as amended, and other related federal acts and titles.

(e) Administrative services, including the coordination of program evaluation and research, interagency program coordination and in-service training, planning, grants, development and management, information, legislative liaison, budget, licensing and other related functions.

(f) Manpower planning, including a state manpower planning council for the purposes of the federal-state-local cooperative manpower planning system and other related functions in furtherance of programs under the comprehensive employment and training act of 1973, as amended, and other related federal acts and titles.

(g) Economic opportunity services, including the furtherance of programs prescribed under the economic opportunity act of 1967, as amended, and other related federal acts and titles.

(h) Intellectual disability and other developmental disability programs, with emphasis on referral and purchase of services.  The program shall include educational, rehabilitation, treatment and training services and other related functions in furtherance of programs under the developmental disabilities services and facilities construction act (P.L. 91-517) and other related federal acts and titles.

(i) Nonmedical home and community based services and functions, including department-designated case management, housekeeping services, chore services, home health aid, personal care, visiting nurse services, adult day care or adult day health, respite sitter care, attendant care, home delivered meals and other related services and functions.

2. Provide a coordinated system of initial intake, screening, evaluation and referral of persons served by the department.

3. Adopt rules it deems necessary or desirable to further the objectives and programs of the department.

4. Formulate policies, plans and programs to effectuate the missions and purposes of the department.

5. Employ and determine the conditions of employment and prescribe the duties and powers of administrative, professional, technical, secretarial, clerical and other persons subject to chapter 4, article 4 and, as applicable, article 5 of this title as may be necessary in the performance of its duties, contract for the services of outside advisors, consultants and aides as may be reasonably necessary and reimburse department volunteers, designated by the director, for expenses in transporting clients of the department on official business.

6. Make contracts and incur obligations within the general scope of its activities and operations subject to the availability of funds.

7. Contract with or assist other departments, agencies and institutions of the state, local and federal governments in the furtherance of its purposes, objectives and programs.

8. Be designated as the single state agency for the purposes of administering and in furtherance of each federally supported state plan.

9. Accept and disburse grants, matching funds and direct payments from public or private agencies for the conduct of programs that are consistent with the overall purposes and objectives of the department.

10. Provide information and advice on request by local, state and federal agencies and by private citizens, business enterprises and community organizations on matters within the scope of its duties subject to the departmental rules on the confidentiality of information.

11. Establish and maintain separate financial accounts as required by federal law or regulations.

12. Advise and make recommendations to the governor and the legislature on all matters concerning its objectives.

13. Have an official seal that is judicially noticed.

14. Annually estimate the current year's population of each county, city and town in this state, using the periodic census conducted by the United States department of commerce, or its successor agency, as the basis for such estimates and deliver such estimates to the economic estimates commission before December 15.

15. Estimate the population of any newly annexed areas of a political subdivision as of July 1 of the fiscal year in which the annexation occurs and deliver such estimates as promptly as is feasible after the annexation occurs to the economic estimates commission.

16. Establish and maintain a statewide program of services for persons who are both hearing impaired and visually impaired and coordinate appropriate services with other agencies and organizations to avoid duplication of these services and to increase efficiency.  The department of economic security shall enter into agreements for the utilization of the personnel and facilities of the department of economic security, the department of health services and other appropriate agencies and organizations in providing these services.

17. Establish and charge fees for deposit in the department of economic security prelayoff assistance services fund to employers who voluntarily participate in the services of the department that provide job service and retraining for persons who have been or are about to be laid off from employment. The department shall charge only those fees necessary to cover the costs of administering the job service and retraining services.

18. Establish a focal point for addressing the issue of hunger in this state and provide coordination and assistance to public and private nonprofit organizations that aid hungry persons and families throughout this state.  Specifically such activities shall include:

(a) Collecting and disseminating information regarding the location and availability of surplus food for distribution to needy persons, the availability of surplus food for donation to charity food bank organizations, and the needs of charity food bank organizations for surplus food.

(b) Coordinating the activities of federal, state, local and private nonprofit organizations that provide food assistance to the hungry.

(c) Accepting and disbursing federal monies, and any state monies appropriated by the legislature, to private nonprofit organizations in support of the collection, receipt, handling, storage and distribution of donated or surplus food items.

(d) Providing technical assistance to private nonprofit organizations that provide or intend to provide services to the hungry.

(e) Developing a state plan on hunger that, at a minimum, identifies the magnitude of the hunger problem in this state, the characteristics of the population in need, the availability and location of charity food banks and the potential sources of surplus food, assesses the effectiveness of the donated food collection and distribution network and other efforts to alleviate the hunger problem, and recommends goals and strategies to improve the status of the hungry.  The state plan on hunger shall be incorporated into the department's state comprehensive plan prepared pursuant to section 41-1956.

(f) Establishing a special purpose advisory council on hunger pursuant to section 41-1981.

19. Establish an office to address the issue of homelessness and to provide coordination and assistance to public and private nonprofit organizations that prevent homelessness or aid homeless individuals and families throughout this state.  These activities shall include:

(a) Promoting and participating in planning for the prevention of homelessness and the development of services to homeless persons.

(b) Identifying and developing strategies for resolving barriers in state agency service delivery systems that inhibit the provision and coordination of appropriate services to homeless persons and persons in danger of being homeless.

(c) Assisting in the coordination of the activities of federal, state and local governments and the private sector that prevent homelessness or provide assistance to homeless people.

(d) Assisting in obtaining and increasing funding from all appropriate sources to prevent homelessness or assist in alleviating homelessness.

(e) Serving as a clearinghouse on information regarding funding and services available to assist homeless persons and persons in danger of being homeless.

(f) Developing an annual state comprehensive homeless assistance plan to prevent and alleviate homelessness.

(g) Submitting an annual report to the governor, the president of the senate and the speaker of the house of representatives on the status of homelessness and efforts to prevent and alleviate homelessness. The department shall provide a copy of this report to the secretary of state.

20. Cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the department's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona-Mexico region.

21. Exchange information, including case specific information, and cooperate with the department of child safety for the administration of the department of child safety's programs.

B. If the department of economic security has responsibility for the care, custody or control of a child or is paying the cost of care for a child, it may serve as representative payee to receive and administer social security and United States department of veterans affairs benefits and other benefits payable to such child.  Notwithstanding any law to the contrary, the department of economic security:

1. Shall deposit, pursuant to sections 35-146 and 35-147, such monies as it receives to be retained separate and apart from the state general fund on the books of the department of administration.

2. May use such monies to defray the cost of care and services expended by the department of economic security for the benefit, welfare and best interests of the child and invest any of the monies that the director determines are not necessary for immediate use.

3. Shall maintain separate records to account for the receipt, investment and disposition of funds received for each child.

4. On termination of the department of economic security's responsibility for the child, shall release any funds remaining to the child's credit in accordance with the requirements of the funding source or in the absence of such requirements shall release the remaining funds to:

(a) The child, if the child is at least eighteen years of age or is emancipated.

(b) The person responsible for the child if the child is a minor and not emancipated.

C. Subsection B of this section does not pertain to benefits payable to or for the benefit of a child receiving services under title 36.

D. Volunteers reimbursed for expenses pursuant to subsection A, paragraph 5 of this section are not eligible for workers' compensation under title 23, chapter 6.

E. In implementing the temporary assistance for needy families program pursuant to Public Law 104-193, the department shall provide for cash assistance to two-parent families if both parents are able to work only on documented participation by both parents in work activities described in title 46, chapter 2, article 5, except that payments may be made to families who do not meet the participation requirements if:

1. It is determined on an individual case basis that they have emergency needs.

2. The family is determined to be eligible for diversion from long-term cash assistance pursuant to title 46, chapter 2, article 5.

F. The department shall provide for cash assistance under temporary assistance for needy families pursuant to Public Law 104-193 to two-parent families for no longer than six months if both parents are able to work, except that additional assistance may be provided on an individual case basis to families with extraordinary circumstances.  The department shall establish by rule the criteria to be used to determine eligibility for additional cash assistance.

G. The department shall adopt the following discount medical payment system for persons who the department determines are eligible and who are receiving rehabilitation services pursuant to subsection A, paragraph 1, subdivision (d) of this section:

1. For inpatient hospital admissions and outpatient hospital services the department shall reimburse a hospital according to the rates established by the Arizona health care cost containment system administration pursuant to section 36-2903.01, subsection G.

2. The department's liability for a hospital claim under this subsection is subject to availability of funds.

3. A hospital bill is considered received for purposes of paragraph 5 of this subsection on initial receipt of the legible, error-free claim form by the department if the claim includes the following error-free documentation in legible form:

(a) An admission face sheet.

(b) An itemized statement.

(c) An admission history and physical.

(d) A discharge summary or an interim summary if the claim is split.

(e) An emergency record, if admission was through the emergency room.

(f) Operative reports, if applicable.

(g) A labor and delivery room report, if applicable.

4. The department shall require that the hospital pursue other third-party payors before submitting a claim to the department. Payment received by a hospital from the department pursuant to this subsection is considered payment by the department of the department's liability for the hospital bill.  A hospital may collect any unpaid portion of its bill from other third-party payors or in situations covered by title 33, chapter 7, article 3.

5. For inpatient hospital admissions and outpatient hospital services rendered on and after October 1, 1997, if the department receives the claim directly from the hospital, the department shall pay a hospital's rate established according to this section subject to the following:

(a) If the hospital's bill is paid within thirty days of the date the bill was received, the department shall pay ninety-nine percent of the rate.

(b) If the hospital's bill is paid after thirty days but within sixty days of the date the bill was received, the department shall pay one hundred percent of the rate.

(c) If the hospital's bill is paid any time after sixty days of the date the bill was received, the department shall pay one hundred percent of the rate plus a fee of one percent per month for each month or portion of a month following the sixtieth day of receipt of the bill until the date of payment.

6. For medical services other than those for which a rate has been established pursuant to section 36-2903.01, subsection G, the department shall pay according to the Arizona health care cost containment system capped fee-for-service schedule adopted pursuant to section 36-2904, subsection K or any other established fee schedule the department determines reasonable.

H. The department shall not pay claims for services pursuant to this section that are submitted more than nine months after the date of service for which the payment is claimed.

I. To assist in the location of persons or assets for the purpose of establishing paternity, establishing, modifying or enforcing child support obligations and other related functions, the department has access, including automated access if the records are maintained in an automated database, to records of state and local government agencies, including:

1. Vital statistics, including records of marriage, birth and divorce.

2. State and local tax and revenue records, including information on residence address, employer, income and assets.

3. Records concerning real and titled personal property.

4. Records of occupational and professional licenses.

5. Records concerning the ownership and control of corporations, partnerships and other business entities.

6. Employment security records.

7. Records of agencies administering public assistance programs.

8. Records of the motor vehicle division of the department of transportation.

9. Records of the state department of corrections.

10. Any system used by a state agency to locate a person for motor vehicle or law enforcement purposes, including access to information contained in the Arizona criminal justice information system.

J. Notwithstanding subsection I of this section, the department or its agents shall not seek or obtain information on the assets of an individual unless paternity is presumed pursuant to section 25-814 or established.

K. Access to records of the department of revenue pursuant to subsection I of this section shall be provided in accordance with section 42-2003.

L. The department also has access to certain records held by private entities with respect to child support obligors or obligees, or individuals against whom such an obligation is sought.  The information shall be obtained as follows:

1. In response to a child support subpoena issued by the department pursuant to section 25-520, the names and addresses of these persons and the names and addresses of the employers of these persons, as appearing in customer records of public utilities, cable operators and video service providers.

2. Information on these persons held by financial institutions.

M. Pursuant to department rules, the department may compromise or settle any support debt owed to the department if the director or an authorized agent determines that it is in the best interest of this state and after considering each of the following factors:

1. The obligor's financial resources.

2. The cost of further enforcement action.

3. The likelihood of recovering the full amount of the debt.

N. Notwithstanding any law to the contrary, a state or local governmental agency or private entity is not subject to civil liability for the disclosure of information made in good faith to the department pursuant to this section.
A.R.S. § 41-1362 — Arizona Code / Title 41 / Chapter 8 / Article 4 / Section 1362
41-1362 Department of administration; powers and duties; governmental mall description; duty of city of Phoenix; general plan application
Status: in_force

41-1362. Department of administration; powers and duties; governmental mall description; duty of city of Phoenix; general plan application

A. The department of administration may:

1. Accept gifts or grants of monies or other property from any person, including the United States or any agencies, departments or officers of the state.

2. Prescribe rules as necessary to carry out this article.

B. The department of administration shall:

1. Develop and maintain and amend as necessary a comprehensive long-range general plan for the development of the governmental mall composed of the area described in subsection C of this section.

2. Encourage public agencies as defined in section 11-951 to enter into intergovernmental agreements or contracts pursuant to title 11, chapter 7, article 3 as necessary to implement the general plan for the development of the governmental mall.

3. Review and approve or disapprove in writing requests for permission to develop structures or sites or award construction contracts for new buildings or improvements within the governmental mall. The department shall review requests submitted by this state or a political subdivision of this state in which this state or political subdivision has a contractual interest to ensure consistency with the approved general plan.

4. Review all planning activities within governmental mall boundaries.

5. Publish an annual report on the issues brought before the department and its recommendations.

C. The governmental mall is composed of the area with a western boundary of nineteenth avenue, a northern boundary of all lots abutting Van Buren street, an eastern boundary of seventh avenue and a southern boundary of the Harrison street alignment.

D. The city of Phoenix annually shall inform the department of administration of new major development projects and new major infrastructure improvements, including parks, streets and street-scaping within the downtown area redevelopment plan as defined in section 36-1471.

E. If the general plan of the city, county or state agency for land development does not conform with the general plan developed by the department of administration for the development of the governmental mall, the general plan developed by the department for the development of the governmental mall applies and shall be enforced.
A.R.S. § 41-746 — Arizona Code / Title 41 / Chapter 4 / Article 4 / Section 746
41-746 Refusal of consideration for employment; verification of education and work history
Status: in_force

41-746. Refusal of consideration for employment; verification of education and work history

A. The director may refuse to consider for employment or remove from consideration for employment any applicant who:

1. Has practiced any deception or fraud in the applicant's application.

2. Has failed to reply within a reasonable time to communications concerning the applicant's availability for employment.

3. Is found to be unsuited or not qualified for employment.

4. Lacks any of the requirements established by the director for the position for which the applicant applies.

B. The director shall develop procedures and standard forms to be used by all state agencies to verify a candidate's education and work history.  The procedures shall include a requirement that a state agency head shall make documented, good faith efforts to contact current and previous employers of a candidate to obtain information and recommendations that may be relevant to the candidate's fitness for employment.
A.R.S. § 41-2263 — Arizona Code / Title 41 / Chapter 18 / Article 1 / Section 2263
41-2263 Annual audit and reporting
Status: in_force

41-2263. Annual audit and reporting

A. The board shall cause an annual audit to be made of the fund. The audit shall be conducted by a certified public accountant within one hundred fifty days after the close of the fiscal year. The board shall immediately file a certified copy of the audit with the auditor general.

B. The auditor general may make further audits and examinations that the auditor general considers to be necessary and take appropriate action relating to the audit or examination pursuant to title 41, chapter 7, article 10.1. If the auditor general takes no official action within twenty days after the annual audit is filed pursuant to subsection A, the audit is considered to be sufficient.

C. The board shall pay any fees and costs of the certified public accountant and auditor general under this section from the earnings on the fund.

D. Not later than January 1 of each year, the board shall submit an annual report of its activities, including a copy of the annual audit, to the governor, the president of the senate and the speaker of the house of representatives.