A.R.S. § 41-1750 — Arizona Code / Title 41 / Chapter 12 / Article 3 / Section 1750
41-1750 Central state repository; department of public safety; duties; funds; accounts; definitions
Status: in_force

41-1750. Central state repository; department of public safety; duties; funds; accounts; definitions

A. The department is responsible for the effective operation of the central state repository in order to collect, store and disseminate complete and accurate Arizona criminal history records and related criminal justice information. The department may procure criminal history records and related criminal justice information for violations that are not listed in this section.  The department shall:

1. Procure from all criminal justice agencies in this state accurate and complete personal identification data, fingerprints, charges, process control numbers and dispositions and such other information as may be pertinent to all persons who have been charged with, arrested for, convicted of or summoned to court as a criminal defendant for any of the following:

(a) A felony offense or an offense involving domestic violence as defined in section 13-3601.

(b) A violation of title 13, chapter 14 or title 28, chapter 4.

(c) An offense listed in:

(i) Section 32-2422, subsection A, paragraph 4.

(ii) Section 32-2441, paragraph 4.

(iii) Section 32-2612, subsection A, paragraph 4.

(iv) Section 32-2622, subsection A, paragraph 4.

(v) Section 41-1758.03, subsections B and C.

(vi) Section 41-1758.07, subsections B and C.

2. Collect information concerning the number and nature of offenses known to have been committed in this state and of the legal steps taken in connection with these offenses, such other information that is useful in the study of crime and in the administration of criminal justice and all other information deemed necessary to operate the statewide uniform crime reporting program and to cooperate with the federal government uniform crime reporting program.

3. Collect information concerning criminal offenses that manifest evidence of prejudice based on race, color, religion, national origin, sexual orientation, gender, antisemitism or disability.

4. Cooperate with the central state repositories in other states and with the appropriate agency of the federal government in the exchange of information pertinent to violators of the law.

5. Ensure the rapid exchange of information concerning the commission of crime and the detection of violators of the law among the criminal justice agencies of other states and of the federal government.

6. Furnish assistance to peace officers throughout this state in crime scene investigation for the detection of latent fingerprints and in the comparison of latent fingerprints.

7. Conduct periodic operational audits of the central state repository and of a representative sample of other agencies that contribute records to or receive criminal justice information from the central state repository or through the Arizona criminal justice information system.

8. Establish and enforce the necessary physical and system safeguards to ensure that the criminal justice information maintained and disseminated by the central state repository or through the Arizona criminal justice information system is appropriately protected from unauthorized inquiry, modification, destruction or dissemination as required by this section.

9. Aid and encourage coordination and cooperation among criminal justice agencies through the statewide and interstate exchange of criminal justice information.

10. Provide training and proficiency testing on the use of criminal justice information to agencies receiving information from the central state repository or through the Arizona criminal justice information system.

11. Operate and maintain the Arizona automated fingerprint identification system established by section 41-2411.

12. Provide criminal history record information to the fingerprinting division for the purpose of screening applicants for fingerprint clearance cards.

B. The director may establish guidelines for the submission and retention of criminal justice information as deemed useful for the study or prevention of crime and for the administration of criminal justice.

C. Criminal justice agencies may provide criminal history records and related criminal justice information for violations that are not listed in this section. Except for the requirements listed in subsection U of this section, the chief officers of criminal justice agencies of this state or its political subdivisions shall provide to the central state repository fingerprints and information concerning personal identification data, descriptions, crimes for which persons are arrested, process control numbers and dispositions and such other information, including other biometric data, as may be pertinent to all persons who have been charged with, arrested for, convicted of or summoned to court as criminal defendants for any of the following:

1. Felony offenses or offenses involving domestic violence as defined in section 13-3601.

2. Violations of title 13, chapter 14 or title 28, chapter 4 that have occurred in this state.

3. An offense listed in:

(a) Section 32-2422, subsection A, paragraph 4.

(b) Section 32-2441, paragraph 4.

(c) Section 32-2612, subsection A, paragraph 4.

(d) Section 32-2622, subsection A, paragraph 4.

(e) Section 41-1758.03, subsections B and C.

(f) Section 41-1758.07, subsections B and C.

D. The chief officers of law enforcement agencies of this state or its political subdivisions shall provide to the department such information as necessary to operate the statewide uniform crime reporting program and to cooperate with the federal government uniform crime reporting program.

E. The chief officers of criminal justice agencies of this state or its political subdivisions shall comply with the training and proficiency testing guidelines as required by the department to comply with the federal national crime information center mandates.

F. The chief officers of criminal justice agencies of this state or its political subdivisions also shall provide to the department information concerning crimes that manifest evidence of prejudice based on race, color, religion, national origin, sexual orientation, gender, antisemitism or disability.

G. The director shall authorize the exchange of criminal justice information between the central state repository, or through the Arizona criminal justice information system, whether directly or through any intermediary, only as follows:

1. With criminal justice agencies of the federal government, Indian tribes, this state or its political subdivisions and other states, on request by the chief officers of such agencies or their designated representatives, specifically for the purposes of the administration of criminal justice and for evaluating the fitness of current and prospective criminal justice employees. Fingerprints submitted pursuant to this paragraph may be searched through the department and the federal bureau of investigation to conduct criminal history records checks. The department may conduct criminal history records checks through state and federal rap back services for the purpose of updating the status of current criminal justice employees or volunteers and may notify the criminal justice agency of the results of the records check. The department is authorized to submit fingerprints to the federal bureau of investigation to be retained for the purpose of being searched by future submissions to the federal bureau of investigation, including latent fingerprint searches. The department may retain fingerprints submitted pursuant to this paragraph for the purpose of being searched by future submissions to the department, including latent fingerprint searches.

2. With any noncriminal justice agency pursuant to a statute, ordinance or executive order that specifically authorizes the noncriminal justice agency to receive criminal history record information for the purpose of evaluating the fitness of current or prospective licensees, employees, contract employees or volunteers, on submission of the subject's fingerprints and the prescribed fee. Each statute, ordinance, or executive order that authorizes noncriminal justice agencies to receive criminal history record information for these purposes shall identify the specific categories of licensees, employees, contract employees or volunteers and shall require that fingerprints of the specified individuals be submitted in conjunction with such requests for criminal history record information. Fingerprints submitted pursuant to this paragraph may be searched through the department and the federal bureau of investigation to conduct criminal history records checks. The department may conduct criminal history records checks through state and federal rap back services for the purpose of updating the status of current licensees, employees, contract employees or volunteers and may notify the noncriminal justice agency of the results of the records check. The department is authorized to submit fingerprints to the federal bureau of investigation to be retained for the purpose of being searched by future submissions to the federal bureau of investigation, including latent fingerprint searches. The department is authorized to retain fingerprints submitted pursuant to this paragraph for the purpose of being searched by future submissions to the department, including latent fingerprint searches.

3. With the board of fingerprinting for the purpose of conducting good cause exceptions pursuant to section 41-619.55 and central registry exceptions pursuant to section 41-619.57.

4. With any individual for any lawful purpose on submission of the subject of record's fingerprints and the prescribed fee.

5. With the governor, if the governor elects to become actively involved in the investigation of criminal activity or the administration of criminal justice in accordance with the governor's constitutional duty to ensure that the laws are faithfully executed or as needed to carry out the other responsibilities of the governor's office.

6. With regional computer centers that maintain authorized computer-to-computer interfaces with the department, that are criminal justice agencies or under the management control of a criminal justice agency and that are established by a statute, ordinance or executive order to provide automated data processing services to criminal justice agencies specifically for the purposes of the administration of criminal justice or evaluating the fitness of regional computer center employees who have access to the Arizona criminal justice information system and the national crime information center system.

7. With an individual who asserts a belief that criminal history record information relating to the individual is maintained by an agency or in an information system in this state that is subject to this section.  On submission of fingerprints, the individual may review this information for the purpose of determining its accuracy and completeness by making application to the agency operating the system.  Rules adopted under this section shall include provisions for administrative review and necessary correction of any inaccurate or incomplete information. The review and challenge process authorized by this paragraph is limited to criminal history record information.

8. With individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice pursuant to that agreement if the agreement specifically authorizes access to data, limits the use of data to purposes for which given and ensures the security and confidentiality of the data consistent with this section.

9. With individuals and agencies for the express purpose of research, evaluative or statistical activities pursuant to an agreement with a criminal justice agency if the agreement specifically authorizes access to data, limits the use of data to research, evaluative or statistical purposes and ensures the confidentiality and security of the data consistent with this section.

10. With the auditor general for audit purposes.

11. With central state repositories of other states for noncriminal justice purposes for dissemination in accordance with the laws of those states.

12. On submission of the fingerprint card, with the department of child safety and a tribal social services agency to provide criminal history record information on prospective adoptive parents for the purpose of conducting the preadoption certification investigation under title 8, chapter 1, article 1 if the department of economic security is conducting the investigation, or with an agency or a person appointed by the court, if the agency or person is conducting the investigation. Information received under this paragraph shall only be used for the purposes of the preadoption certification investigation.

13. With the department of child safety, a tribal social services agency and the superior court for the purpose of evaluating the fitness of custodians or prospective custodians of juveniles, including parents, relatives and prospective guardians. Information received under this paragraph shall only be used for the purposes of that evaluation. The information shall be provided on submission of either:

(a) The fingerprint card.

(b) The name, date of birth and social security number of the person.

14. On submission of a fingerprint card, provide criminal history record information to the superior court for the purpose of evaluating the fitness of investigators appointed under section 14-5303 or 14-5407, guardians appointed under section 14-5206 or 14-5304 or conservators appointed under section 14-5401.

15. With the supreme court to provide criminal history record information on prospective fiduciaries pursuant to section 14-5651.

16. With the department of juvenile corrections to provide criminal history record information pursuant to section 41-2814.

17. On submission of the fingerprint card, provide criminal history record information to the Arizona peace officer standards and training board or a board certified law enforcement academy to evaluate the fitness of prospective cadets.

18. With the internet sex offender website database established pursuant to section 13-3827.

19. With licensees of the United States nuclear regulatory commission for the purpose of determining whether an individual should be granted unescorted access to the protected area of a commercial nuclear generating station on submission of the subject of record's fingerprints and the prescribed fee.

20. With the state board of education for the purpose of evaluating the fitness of a certificated educator, an applicant for a teaching or administrative certificate or a noncertificated person as defined in section 15-505 if the state board of education or its employees or agents have reasonable suspicion that the educator or person engaged in conduct that would be a criminal violation of the laws of this state or was involved in immoral or unprofessional conduct or that the applicant engaged in conduct that would warrant disciplinary action if the applicant were certificated at the time of the alleged conduct. The information shall be provided on the submission of either:

(a) The fingerprint card.

(b) The name, date of birth and social security number of the person.

21. With each school district and charter school in this state.  The department of education and the state board for charter schools shall provide the department of public safety with a current list of email addresses for each school district and charter school in this state and shall periodically provide the department of public safety with updated email addresses. If the department of public safety is notified that a person who is required to have a fingerprint clearance card to be employed by or to engage in volunteer activities at a school district or charter school has been arrested for or convicted of an offense listed in section 41-1758.03, subsection B or has been arrested for or convicted of an offense that amounts to unprofessional conduct under section 15-550, the department of public safety shall notify each school district and charter school in this state that the person's fingerprint clearance card has been suspended or revoked.

22. With a tribal social services agency and the department of child safety as provided by law, which currently is the Adam Walsh child protection and safety act of 2006 (42 United States Code section 16961), for the purposes of investigating or responding to reports of child abuse, neglect or exploitation.  Information received pursuant to this paragraph from the national crime information center, the interstate identification index and the Arizona criminal justice information system network shall only be used for the purposes of investigating or responding as prescribed in this paragraph. The information shall be provided on submission to the department of public safety of either:

(a) The fingerprints of the person being investigated.

(b) The name, date of birth and social security number of the person.

23. With a nonprofit organization that interacts with children or vulnerable adults for the lawful purpose of evaluating the fitness of all current and prospective employees, contractors and volunteers of the organization. The criminal history record information shall be provided on submission of the applicant's fingerprint card and the prescribed fee.  Fingerprints submitted pursuant to this paragraph may be searched by the department to conduct state criminal history records checks.

24. With the superior court for the purpose of determining an individual's eligibility for substance abuse and treatment courts in a family or juvenile case.

25. With the governor to provide criminal history record information on prospective gubernatorial nominees, appointees and employees as provided by law.

H. The director shall adopt rules necessary to execute this section.

I. The director, in the manner prescribed by law, shall remove and destroy records that the director determines are no longer of value in the detection or prevention of crime.

J. The director shall establish a fee in an amount necessary to cover the cost of federal noncriminal justice fingerprint processing for criminal history record information checks that are authorized by law for noncriminal justice employment, licensing or other lawful purposes. An additional fee may be charged by the department for state noncriminal justice fingerprint processing. Fees submitted to the department for state noncriminal justice fingerprint processing are not refundable.

K. The director shall establish a fee in an amount necessary to cover the cost of processing copies of department reports, eight by ten inch black and white photographs or eight by ten inch color photographs of traffic accident scenes.

L. Except as provided in subsection O of this section, each agency authorized by this section may charge a fee, in addition to any other fees prescribed by law, in an amount necessary to cover the cost of state and federal noncriminal justice fingerprint processing for criminal history record information checks that are authorized by law for noncriminal justice employment, licensing or other lawful purposes.

M. A fingerprint account within the records processing fund is established for the purpose of separately accounting for the collection and payment of fees for noncriminal justice fingerprint processing by the department. Monies collected for this purpose shall be credited to the account, and payments by the department to the United States for federal noncriminal justice fingerprint processing shall be charged against the account. Monies in the account not required for payment to the United States shall be used by the department in support of the department's noncriminal justice fingerprint processing duties. At the end of each fiscal year, any balance in the account not required for payment to the United States or to support the department's noncriminal justice fingerprint processing duties reverts to the state general fund.

N. A records processing fund is established for the purpose of separately accounting for the collection and payment of fees for department reports and photographs of traffic accident scenes processed by the department. Monies collected for this purpose shall be credited to the fund and shall be used by the department in support of functions related to providing copies of department reports and photographs.  At the end of each fiscal year, any balance in the fund not required for support of the functions related to providing copies of department reports and photographs reverts to the state general fund.

O. The department of child safety may pay from appropriated monies the cost of federal fingerprint processing or federal criminal history record information checks that are authorized by law for employees and volunteers of the department, guardians pursuant to section 8-453, subsection A, paragraph 6, the licensing of foster parents or the certification of adoptive parents.

P. The director shall adopt rules that provide for:

1. The collection and disposition of fees pursuant to this section.

2. The refusal of service to those agencies that are delinquent in paying these fees.

Q. The director shall ensure that the following limitations are observed regarding dissemination of criminal justice information obtained from the central state repository or through the Arizona criminal justice information system:

1. Any criminal justice agency that obtains criminal justice information from the central state repository or through the Arizona criminal justice information system assumes responsibility for the security of the information and shall not secondarily disseminate this information to any individual or agency not authorized to receive this information directly from the central state repository or originating agency.

2. Dissemination to an authorized agency or individual may be accomplished by a criminal justice agency only if the dissemination is for criminal justice purposes in connection with the prescribed duties of the agency and not in violation of this section.

3. Criminal history record information disseminated to noncriminal justice agencies or to individuals shall be used only for the purposes for which it was given. Secondary dissemination is prohibited unless otherwise authorized by law.

4. The existence or nonexistence of criminal history record information shall not be confirmed to any individual or agency not authorized to receive the information itself.

5. Criminal history record information to be released for noncriminal justice purposes to agencies of other states shall only be released to the central state repositories of those states for dissemination in accordance with the laws of those states.

6. Criminal history record information shall be released to noncriminal justice agencies of the federal government pursuant to the terms of the federal security clearance information act (P.L. 99-169).

R. This section and the rules adopted under this section apply to all agencies and individuals collecting, storing or disseminating criminal justice information processed by manual or automated operations if the collection, storage or dissemination is funded in whole or in part with monies made available by the law enforcement assistance administration after July 1, 1973, pursuant to title I of the crime control act of 1973, and to all agencies that interact with or receive criminal justice information from or through the central state repository and through the Arizona criminal justice information system.

S. This section does not apply to criminal history record information contained in:

1. Posters, arrest warrants, announcements or lists for identifying or apprehending fugitives or wanted persons.

2. Original records of entry such as police blotters maintained by criminal justice agencies, compiled chronologically and required by law or long-standing custom to be made public if these records are organized on a chronological basis.

3. Transcripts or records of judicial proceedings if released by a court or legislative or administrative proceedings.

4. Announcements of executive clemency or pardon.

5. Computer databases, other than the Arizona criminal justice information system, that are specifically designed for community notification of an offender's presence in the community pursuant to section 13-3825 or for public informational purposes authorized by section 13-3827.

T. This section does not prevent a criminal justice agency from disclosing to the public criminal history record information that is reasonably contemporaneous to the event for which an individual is currently within the criminal justice system, including information noted on traffic accident reports concerning citations, blood alcohol tests or arrests made in connection with the traffic accident being investigated.

U. In order to ensure that complete and accurate criminal history record information is maintained and disseminated by the central state repository:

1. The booking agency shall take legible ten-print fingerprints of all persons who are arrested for offenses listed in subsection C of this section. The booking agency shall obtain a process control number and provide to the person fingerprinted a document that indicates proof of the fingerprinting and that informs the person that the document must be presented to the court.

2. Except as provided in paragraph 3 of this subsection, if a person is summoned to court as a result of an indictment or complaint for an offense listed in subsection C of this section, the court shall order the person to appear before the county sheriff and provide legible ten-print fingerprints. The county sheriff shall obtain a process control number and provide a document to the person fingerprinted that indicates proof of the fingerprinting and that informs the person that the document must be presented to the court. For the purposes of this paragraph, "summoned" includes a written promise to appear by the defendant on a uniform traffic ticket and complaint.

3. If a person is arrested for a misdemeanor offense listed in subsection C of this section by a city or town law enforcement agency, the person shall appear before the law enforcement agency that arrested the defendant and provide legible ten-print fingerprints. The law enforcement agency shall obtain a process control number and provide a document to the person fingerprinted that indicates proof of the fingerprinting and that informs the person that the document must be presented to the court.

4. The mandatory fingerprint compliance form shall contain the following information:

(a) Whether ten-print fingerprints have been obtained from the person.

(b) Whether a process control number was obtained.

(c) The offense or offenses for which the process control number was obtained.

(d) Any report number of the arresting authority.

(e) Instructions on reporting for ten-print fingerprinting, including available times and locations for reporting for ten-print fingerprinting.

(f) Instructions that direct the person to provide the form to the court at the person's next court appearance.

5. Within ten days after a person is fingerprinted, the arresting authority or agency that took the fingerprints shall forward the fingerprints to the department in the manner or form required by the department.

6. On the issuance of a summons for a defendant who is charged with an offense listed in subsection C of this section, the summons shall direct the defendant to provide ten-print fingerprints to the appropriate law enforcement agency.

7. At the initial appearance or on the arraignment of a summoned defendant who is charged with an offense listed in subsection C of this section, if the person does not present a completed mandatory fingerprint compliance form to the court or if the court has not received the process control number, the court shall order that within twenty calendar days the defendant be ten-print fingerprinted at a designated time and place by the appropriate law enforcement agency.

8. If the defendant fails to present a completed mandatory fingerprint compliance form or if the court has not received the process control number, the court, on its own motion, may remand the defendant into custody for ten-print fingerprinting. If otherwise eligible for release, the defendant shall be released from custody after being ten-print fingerprinted.

9. In every criminal case in which the defendant is incarcerated or fingerprinted as a result of the charge, an originating law enforcement agency or prosecutor, within forty days of the disposition, shall advise the central state repository of all dispositions concerning the termination of criminal proceedings against an individual arrested for an offense specified in subsection C of this section.  This information shall be submitted on a form or in a manner required by the department.

10. Dispositions resulting from formal proceedings in a court having jurisdiction in a criminal action against an individual who is arrested for an offense specified in subsection C of this section or section 8-341, subsection Q, paragraph 3 shall be reported to the central state repository within forty days of the date of the disposition. This information shall be submitted on a form or in a manner specified by rules approved by the supreme court.

11. The state department of corrections or the department of juvenile corrections, within forty days, shall advise the central state repository that it has assumed supervision of a person convicted of an offense specified in subsection C of this section or section 8-341, subsection Q, paragraph 3. The state department of corrections or the department of juvenile corrections shall also report dispositions that occur thereafter to the central state repository within forty days of the date of the dispositions. This information shall be submitted on a form or in a manner required by the department of public safety.

12. Each criminal justice agency shall query the central state repository before dissemination of any criminal history record information to ensure the completeness of the information. Inquiries shall be made before any dissemination except in those cases in which time is of the essence and the repository is technically incapable of responding within the necessary time period. If time is of the essence, the inquiry shall still be made and the response shall be provided as soon as possible.

V. The director shall adopt rules specifying that any agency that collects, stores or disseminates criminal justice information that is subject to this section shall establish effective security measures to protect the information from unauthorized access, disclosure, modification or dissemination. The rules shall include reasonable safeguards to protect the affected information systems from fire, flood, wind, theft, sabotage or other natural or man-made hazards or disasters.

W. The department shall make available to agencies that contribute to, or receive criminal justice information from, the central state repository or through the Arizona criminal justice information system a continuing training program in the proper methods for collecting, storing and disseminating information in compliance with this section.

X. This section does not create a cause of action or a right to bring an action including an action based on discrimination due to sexual orientation.

Y. The definition prescribed in subsection Z, paragraph 3 of this section does not diminish or infringe on any rights protected under the first amendment to the United States constitution or the Arizona constitution.

Z. For the purposes of this section:

1. "Administration of criminal justice" means performance of the detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision or rehabilitation of criminal offenders. Administration of criminal justice includes enforcement of criminal traffic offenses and civil traffic violations, including parking violations, when performed by a criminal justice agency.  Administration of criminal justice also includes criminal identification activities and the collection, storage and dissemination of criminal history record information.

2. "Administrative records" means records that contain adequate and proper documentation of the organization, functions, policies, decisions, procedures and essential transactions of the agency and that are designed to furnish information to protect the rights of this state and of persons directly affected by the agency's activities.

3. "Antisemitism" includes the definition of antisemitism that was adopted by the international holocaust remembrance alliance on May 26, 2016 and that has been adopted by the United States department of state, including the contemporary examples of antisemitism identified in the adopted definition.

4. "Arizona criminal justice information system" or "system" means the statewide information system managed by the director for the collection, processing, preservation, dissemination and exchange of criminal justice information and includes the electronic equipment, facilities, procedures and agreements necessary to exchange this information.

5. "Biometric data" means any physical characteristics, including fingerprints and palm prints and face, tattoo and iris images.

6. "Booking agency" means the county sheriff or, if a person is booked into a municipal jail, the municipal law enforcement agency.

7. "Central state repository" means the central location within the department for the collection, storage and dissemination of Arizona criminal history records and related criminal justice information.

8. "Criminal history record information" and "criminal history record" means information that is collected by criminal justice agencies on individuals and that consists of identifiable descriptions and notations of arrests, detentions, indictments and other formal criminal charges, and any disposition arising from those actions, sentencing, formal correctional supervisory action and release. Criminal history record information and criminal history record do not include identification information to the extent that the information does not indicate involvement of the individual in the criminal justice system or information relating to juveniles unless they have been adjudicated as adults.

9. "Criminal justice agency" means either:

(a) A court at any governmental level with criminal or equivalent jurisdiction, including courts of any foreign sovereignty duly recognized by the federal government.

(b) A government agency or subunit of a government agency that is specifically authorized to perform as its principal function the administration of criminal justice pursuant to a statute, ordinance or executive order and that allocates more than fifty percent of its annual budget to the administration of criminal justice. This subdivision includes agencies of any foreign sovereignty duly recognized by the federal government.

10. "Criminal justice information" means information that is collected by criminal justice agencies and that is needed for the performance of their legally authorized and required functions, such as criminal history record information, citation information, stolen property information, traffic accident reports, wanted persons information and system network log searches. Criminal justice information does not include the administrative records of a criminal justice agency.

11. "Disposition" means information disclosing that a decision has been made not to bring criminal charges or that criminal proceedings have been concluded or information relating to sentencing, correctional supervision, release from correctional supervision, the outcome of an appellate review of criminal proceedings or executive clemency.

12. "Dissemination" means the written, oral or electronic communication or transfer of criminal justice information to individuals and agencies other than the criminal justice agency that maintains the information. Dissemination includes the act of confirming the existence or nonexistence of criminal justice information.

13. "Management control":

(a) Means the authority to set and enforce:

(i) Priorities regarding development and operation of criminal justice information systems and programs.

(ii) Standards for the selection, supervision and termination of personnel involved in the development of criminal justice information systems and programs and in the collection, maintenance, analysis and dissemination of criminal justice information.

(iii) Policies governing the operation of computers, circuits and telecommunications terminals used to process criminal justice information to the extent that the equipment is used to process, store or transmit criminal justice information.

(b) Includes the supervision of equipment, systems design, programming and operating procedures necessary for the development and implementation of automated criminal justice information systems.

14. "Process control number" means the Arizona automated fingerprint identification system number that attaches to each arrest event at the time of fingerprinting and that is assigned to the arrest fingerprint card, disposition form and other pertinent documents.

15. "Rap back services" means real-time or near real-time notifications of activity, such as arrests on an individual, for authorized criminal justice or noncriminal justice purposes in which continuous evaluation of the individual's criminal history is required.

16. "Secondary dissemination" means the dissemination of criminal justice information from an individual or agency that originally obtained the information from the central state repository or through the Arizona criminal justice information system to another individual or agency.

17. "Sexual orientation" means consensual homosexuality or heterosexuality.

18. "Subject of record" means the person who is the primary subject of a criminal justice record.
A.R.S. § 41-1491.30 — Arizona Code / Title 41 / Chapter 9 / Article 7 / Section 1491.30
41-1491.30 Dismissal of complaint
Status: in_force

41-1491.30. Dismissal of complaint

If the attorney general determines that no reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the attorney general shall promptly dismiss the complaint and give written notice of the dismissal to the complainant and respondent.
A.R.S. § 41-1609.04 — Arizona Code / Title 41 / Chapter 11 / Article 1 / Section 1609.04
41-1609.04 Reimbursing county for expense of prosecution; private prison
Status: in_force

41-1609.04. Reimbursing county for expense of prosecution; private prison

A. If a person is arrested within this state for any crime described in subsection C of this section, the clerk of the court in which the legal proceedings relating to the crime are held shall prepare an itemized claim against the private prison for the court costs and any other costs or fees incurred by the county upon the prosecution and defense of the case and the cost of confining and keeping the prisoner. The claim shall be certified by the presiding judge of the superior court in that county and sent to the private prison for payment.

B. Upon receipt of the certified claim, the private prison shall pay the county treasurer of the county where the legal proceedings were held. The county treasurer shall deposit the monies in the county general fund.

C. This section applies to any crime committed:

1. In or adjacent and related to a private prison that is under contract with the department pursuant to section 41-1609.

2. By a person while escaped from a private prison that is under contract with the department pursuant to section 41-1609 or with any political subdivision of the state.

3. By a person who escaped from the custody of officials or employees of a private prison that is under contract with the department pursuant to section 41-1609.
A.R.S. § 41-2413 — Arizona Code / Title 41 / Chapter 21 / Article 1 / Section 2413
41-2413 Arizona automated fingerprint identification system manager; powers and duties; master plan; annual report
Status: in_force

41-2413. Arizona automated fingerprint identification system manager; powers and duties; master plan; annual report

The director of the department of public safety is the manager of the Arizona automated fingerprint identification system. The manager shall:

1. Supervise the operations and maintenance of the system.

2. Operate and maintain the central fingerprint repository of the system to be used by the department and other authorized criminal justice automated fingerprint identification sites to make fingerprint identifications for criminal justice and noncriminal justice purposes specifically permitted pursuant to law.

3. Develop a system master plan to describe the overall system design and functions and to establish the system and remote access network.

4. Develop a system policy manual to provide guidelines to all participating agencies.

5. Develop system standards of service for the central state repository and participating agencies.

6. Coordinate and standardize the design, development and implementation of the system and subsystems.

7. Provide for system and subsystem planning.

8. Establish as necessary advisory committees to assist in the development, implementation and operation of the system.

9. Enforce the rules adopted pursuant to section 41-1750 relating to the privacy, confidentiality and dissemination of criminal history record information collected and maintained in conjunction with operations of the system.

10. Procure equipment and services to establish the system.

11. Submit an annual report to the Arizona automated fingerprint identification system advisory board on the status of the system.
A.R.S. § 41-1512 — Arizona Code / Title 41 / Chapter 10 / Article 1 / Section 1512
41-1512 Qualified facility income tax credits; qualification; definitions
Status: in_force

41-1512. Qualified facility income tax credits; qualification; definitions

(Rpld. 1/1/32)

A. For taxable years beginning from and after December 31, 2012, income tax credits are allowed for expanding or locating a qualified facility in this state pursuant to sections 43-1083.03 and 43-1164.04. Only capital investments in a qualified facility that are made not more than thirty-six months before submitting an application for preapproval are included in the computation of the credit.

B. To be eligible for the income tax credits, a taxpayer must apply to the authority, on a form prescribed by the authority, for preapproval of the business as qualifying for the credits. The application must include:

1. The applicant's name, address, telephone number and federal taxpayer identification number or numbers.

2. The name, address, telephone number and email address of a contact person for the applicant.

3. The address of the site where the qualified facility will be located.

4. A detailed description of the qualified facility and fixed capital assets.

5. An estimate of the capital investment and number of employment positions with job duties associated with the qualified facility, including:

(a) A schedule of qualifying investments.

(b) A list of full-time employment positions, the estimated number of employees to be hired for the positions each year during the first five years of operation and the annual wages for each position, calculated without employee-related benefits.

6. A nonrefundable processing fee in an amount determined by the authority.

7. Other information as required by the authority to determine eligibility for the income tax credits and the amount of income tax credits, as prescribed by this section.

8. An affirmation, signed by an authorized executive representing the business, that the applicant:

(a) Agrees to furnish records of expenditures for qualifying investments to the authority on request.

(b) Will continue in business at the qualified facility for five full calendar years after postapproval for the credit, other than for reasons beyond the control of the applicant.

(c) Agrees to furnish to the authority information regarding the amount of income tax credits claimed each year.

(d) Authorizes the department of revenue to provide tax information to the authority pursuant to section 42-2003 for the purpose of determining any inconsistency in information furnished by the applicant.

(e) Agrees to allow site visits and audits to verify the applicant's continuing qualification and the accuracy of information submitted to the authority.

(f) Consents to the adjustment or recapture of any amount of income tax credit due to noncompliance with this section.

9. Letters of good standing from the department of revenue stating that the applicant is not delinquent in paying taxes.

C. The applicant may qualify for the income tax credits pursuant to section 43-1083.03 or 43-1164.04, as applicable, if:

1. The applicant makes new capital investment in this state after June 30, 2012 in a qualified facility that is completed in a taxable year beginning from and after December 31, 2012.

2. At least fifty-one percent of the net new full-time employment positions with job duties associated with the qualified facility pay a wage that equals or exceeds one hundred twenty-five percent, or one hundred percent in the case of a qualified facility in a rural location, of the median annual wage for production occupations in this state, as determined by the most recent annual Arizona commerce authority occupational wage and employment estimates issued before the preapproval is issued pursuant to subsection I of this section.

3. All net new full-time employment positions include health insurance coverage for the employees for which the applicant pays at least sixty-five percent of the premium or membership cost.

D. Final eligibility for an income tax credit is subject to any additional requirements prescribed by section 43-1083.03 or 43-1164.04, as applicable.

E. An applicant may separately apply and qualify with respect to investments for separate expansions of a qualified facility.

F. The amount of the income tax credit to be preapproved by the authority to a qualifying applicant is ten percent of the lesser of:

1. The amount the applicant has projected in total qualifying investment in the qualified facility.

2. Either:

(a) If the total qualifying investment is less than $2,000,000,000, $200,000 for each net new full-time employment position projected by the applicant that has job duties associated with a qualified facility.

(b) If the total qualifying investment is $2,000,000,000 or more, $300,000 for each net new full-time employment position projected by the applicant that has job duties associated with a qualified facility.

G. Beginning with income tax credits allocated for 2013, an approved credit:

1. Must be claimed on a timely filed original income tax return, including extensions.

2. Must be claimed in five equal installments as provided by section 43-1083.03 or 43-1164.04.

H. The authority shall establish a process for qualifying and preapproving applicants for the income tax credits.  The authority shall not preapprove applicants as qualifying for credits under this section for any taxable year beginning from and after December 31, 2030. Preapproval is based on:

1. Priority placement established by the date that the applicant files its initial application with the authority.

2. The availability of income tax credit capacity under the dollar limit prescribed by subsection J of this section.

I. Within thirty days after receiving a complete and correct application, the authority shall review the application to determine whether the applicant satisfies all of the criteria prescribed by this section and either preapprove the project as qualifying for the purposes of an income tax credit or provide reasons for its denial.  The authority shall send copies of each preapproval to the department of revenue.

J. The authority shall not preapprove income tax credits under this section that combined would exceed $125,000,000 in any calendar year, except as provided by this subsection and subsection K of this section. A preapproved amount applies against the dollar limit for the year in which the application was submitted regardless of whether the initial preapproval period extends into the following year or years.  The authority shall not preapprove income tax credits under this section for any taxpayer in excess of $30,000,000 in any calendar year.

K. The authority shall reallocate the amount of income tax credits that are voluntarily relinquished under subsection L of this section, that lapse under subsection M of this section or that lapse under subsection P of this section. The reallocation shall be to other businesses that applied under this section in the original credit year based on priority placement. Once reallocated, the amount of the credit applies against the dollar limit of the original credit year regardless of the year in which the reallocation occurs.

L. A taxpayer may voluntarily relinquish unused credit amounts in writing to the authority.

M. Preapproval under this section lapses, the application is void and the amount of the preapproved income tax credits does not apply against the dollar limit prescribed by subsection J of this section if, within twelve months after preapproval, the business fails to provide to the authority documentation of its expenditure of $250,000 in qualifying investment or, if the period over which the qualifying investment will be made exceeds twelve months, documentation of additional expenditures as required in this subsection for each twelve-month period.

N. After October 31 of each year, if the authority has preapproved the maximum calendar year income tax credit amount pursuant to subsection J of this section, the authority may accept initial applications for the next calendar year, but the preapproval of any application pursuant to this subsection shall not be effective before the first business day of the following calendar year.

O. Before an applicant applies for postapproval under subsection P of this section, the applicant must enter into a written managed review agreement with the chief executive officer of the authority that establishes the requirements of a managed review to be conducted under this subsection at the applicant's expense. The managed review must be conducted by a certified public accountant who is selected by the applicant, who is licensed in this state or who has a limited reciprocity privilege pursuant to section 32-725 and who is approved by the chief executive officer. The certified public accountant and the firm the certified public accountant is affiliated with shall not regularly perform services for the applicant or its affiliates. The managed review shall include an analysis of the applicant's invoices, checks, accounting records and other documents and information to verify its base investment and other requirements prescribed by section 43-1083.03 or 43-1164.04 to confirm the amount of credit. The certified public accountant shall furnish written findings of the managed review to the chief executive officer. The chief executive officer shall review the findings and may examine records and perform other reviews that the chief executive officer considers necessary to verify that the managed review substantially conforms to the terms of the managed review agreement. The chief executive officer shall accept or reject the findings of the managed review. If the chief executive officer rejects all or part of the managed review, the chief executive officer shall provide written reasons for the rejection.

P. When the qualified facility begins operations, a business that was preapproved for income tax credits under this section shall apply to the authority in writing for postapproval of the credits and submit documentation certifying the total amount and dates of the qualifying investments and identifying the fixed capital assets associated with the qualified facility incurred after June 30, 2012 through the date of application for postapproval. For taxable years beginning from and after December 31, 2012, the authority shall provide postapproval to a business that has met the eligibility requirements of this section and shall notify the department of revenue that the business may claim an income tax credit pursuant to section 43-1083.03 or 43-1164.04. If the amount of qualifying investment actually spent is less than the amount preapproved for income tax credits, the preapproved amount not incurred lapses and does not apply against the dollar limit prescribed by subsection J of this section for that year. The department of revenue shall not allow an income tax credit under section 43-1083.03 or 43-1164.04 that exceeds the amount of the postapproval for the project under this subsection. For the purposes of this subsection, "begins operations" means the qualified facility opens for public business.

Q. The authority may rescind an applicant's postapproval if the business no longer meets the terms and conditions required for qualifying for the credit. The authority may give special consideration, or allow temporary exemption from recapture of the credit, in the case of extraordinary hardship due to factors beyond the control of the qualifying business.

R. If the authority rescinds an applicant's preapproval or postapproval under subsection Q of this section, the authority shall notify the department of revenue of the action and the conditions of noncompliance. If the department of revenue obtains information indicating a possible failure to qualify and comply, the department shall provide that information to the authority. The department of revenue may require the business to file appropriate amended tax returns reflecting any recapture of the credit under section 43-1083.03 or 43-1164.04.

S. Preapproval and postapproval of an applicant for the purposes of income tax credits under this section do not constitute or imply compliance with any other provision of law or any regulatory rule, order, procedure, permit or other measure required by law. To maintain qualification for a credit under this section, a business must separately comply with all environmental, employment and other regulatory measures.

T. For five years after postapproval of an income tax credit under this section, in any action involving the liquidation of the business assets or relocation out of state, this state claims the position of a secured creditor of the business in the amount of the credit the business received pursuant to section 43-1083.03 or 43-1164.04. The transfer of part or all of a company's assets that are then leased back by the company is not considered a liquidation under this section.

U. Any information gathered from a business for the purposes of this section is considered to be confidential taxpayer information and shall be disclosed only as provided in section 42-2003, subsection B, paragraph 12, except that the authority shall publish the following information in its annual report:

1. The name of each business and the amount of income tax credits preapproved for each qualifying investment.

2. The amount of income tax credits postapproved with respect to each qualifying investment.

V. The authority shall:

1. Keep annual records of the information provided on applications for qualified facilities. These records shall reflect a percentage comparison of the annual amount of monies credited to qualified facilities to the estimated amount of monies spent in this state in the form of qualifying investments.

2. Maintain annual data on growth in this state of qualified facilities and related employment and wages.

3. Not later than April 30 following each calendar year, prepare and publish a report summarizing the information collected pursuant to this subsection.  The authority shall make copies of the annual report available to the public on request.

W. The authority shall adopt rules and prescribe forms and procedures as necessary for the purposes of this section. The authority and the department of revenue shall collaborate in adopting rules as necessary to avoid duplication and inconsistencies while accomplishing the intent and purposes of this section.

X. 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 land, buildings, machinery, equipment and fixtures.

2. "Facility" 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.

3. "Headquarters" means a principal central administrative office where primary headquarters related functions and services are performed, including financial, personnel, administrative, legal, planning and similar business functions.

4. "Manufacturing" means fabricating, producing or manufacturing raw or prepared materials into usable products, imparting new forms, qualities, properties and combinations. Manufacturing does not include generating electricity.

5. "Qualified facility" means a facility in this state that devotes at least eighty percent of the property and payroll at the facility to one or more of the following:

(a) Qualified manufacturing.

(b) Qualified headquarters.

(c) Qualified research.

6. "Qualified headquarters" means a global, national or regional headquarters for a taxpayer that derives at least sixty-five percent of its revenue from out-of-state sales.

7. "Qualified manufacturing" means manufacturing tangible products in this state if at least sixty-five percent of the product is at least one of the following:

(a) Directly sold out of state.

(b) Directly sold to one or more qualified facilities, regardless of whether the qualified facilities are preapproved by the authority pursuant to this section.

8. "Qualified research" has the same meaning prescribed by section 41(d) of the internal revenue code, as defined by section 43-105, except that the research must be conducted by a taxpayer involved in manufacturing that derives at least sixty-five percent of its revenue from out-of-state sales.

9. "Qualifying investment" means investment in land, buildings, machinery, equipment and fixtures for expansion of an existing qualified facility or establishment of a new qualified facility in this state after June 30, 2012 for a facility completed in a taxable year beginning from and after December 31, 2012. If the qualified facility is a build-to-suit facility leased to the taxpayer, qualifying investment includes the costs prescribed in this paragraph that are spent by the third-party developer with respect to the qualified facility. Qualifying investment does not include relocating an existing qualified facility in this state to another location in this state without additional capital investment of at least $250,000.

10. "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.
A.R.S. § 41-845 — Arizona Code / Title 41 / Chapter 4.1 / Article 4 / Section 845
41-845 Unlawful reproduction of original archaeological specimen
Status: in_force

41-845. Unlawful reproduction of original archaeological specimen

No person shall reproduce, retouch, rework or forge any archaeological, paleontological or historical object, deriving its principal value from its antiquity, or make any object, whether copied or not, or falsely label, describe, identify or offer for sale or exchange any object, with intent to represent the same to be an original and genuine archaeological, paleontological or historical specimen, nor shall any person offer for sale or exchange any object with knowledge that it has previously been collected or excavated in violation of any of the terms of this article.
A.R.S. § 41-151.05 — Arizona Code / Title 41 / Chapter 1 / Article 2.1 / Section 151.05
41-151.05 Powers and duties of director
Status: in_force

41-151.05. Powers and duties of director

A. The director shall:

1. Adopt rules for the use of books or other materials in the custody of the state library and for the removal of books from the library, including assessing reasonable penalties for failure to return books or other materials when due.  The proceeds from the assessment of reasonable penalties shall be deposited, pursuant to sections 35-146 and 35-147, in the state library fund established by section 41-151.06. The monies shall be used only for the purchase of other books or materials.

2. Sell or exchange undesired duplicate copies of books or other materials, or books or other materials not of value for the purposes of the library, or photographic reproductions of state library holdings, and deposit, pursuant to sections 35-146 and 35-147, the proceeds in the state library fund established by section 41-151.06.  The monies shall be used for the purchase of other books or materials.

3. Bring actions for the recovery of books or other materials, or for three times the value of the books or other materials, against any person who has them in the person's possession or who is responsible for the books or other materials, and who has failed or refused to return them on demand.  If a book or other material is one of a set, the value of the book or other material may be deemed the value of the entire set. The director shall deposit, pursuant to sections 35-146 and 35-147, monies recovered pursuant to this paragraph in the state library fund established by section 41-151.06.

4. Certify copies from books, documents or other archival or public records that have been deposited in the custody of the state library.  The fee for certification shall be the same as prescribed for the certification of records by the secretary of state.  The director shall deposit, pursuant to sections 35-146 and 35-147, these fees in the state library fund established by section 41-151.06. These certificates have the same force and effect as if made by the officer originally in charge of the record.

5. As the director deems necessary:

(a) Arrange with the federal government, other states and foreign countries for a system of exchange of official state reports and publications, session laws, statutes, legislative journals and supreme court reports.

(b) Enter into agreements to establish a depository system and an exchange program with any municipal, county or regional public library, state college or state university library and out-of-state research libraries.

(c) Enter into agreements with libraries in this state for the state documents program described in section 41-151.08, subsection A, paragraph 2. Any library that enters into an agreement pursuant to this subdivision shall continue to contribute at least the same level of support to the state documents program and may not use any monies received pursuant to the agreement to supplant other monies available to the library.

6. Adopt rules for the acquisition, maintenance, access and preservation of state publications.

7. After consultation with other agencies, adopt rules as provided by statute, including rules for:

(a) Describing state publications in all formats.

(b) Supervising county free libraries pursuant to section 11-910.

(c) Certifying signs, plaques and markings pursuant to sections 28-7051 and 41-151.10.

(d) Enforcing section 34-502.

8. Provide access to an official compilation or revision of the laws of this state to each public or court library in this state that applies for access.  The director may provide the access electronically.  On request, the director may provide a certified copy of a law pursuant to paragraph 4 of this subsection.

9. As part of the secretary of state's annual report to the governor, report on the condition of the state library, its activities and the disposition of monies spent for its maintenance.

10. Subject to chapter 4, article 4 of this title, appoint personnel, including security personnel, necessary to perform the duties of the state library and assign their duties.

11. Cooperate with the legislative council in carrying out section 41-1304, subsection B.

B. The governor, the secretary of state, the president of the senate, the speaker of the house of representatives, the heads of departments and all officers and agents of this state shall supply at no cost the number of copies of official reports, public documents and publications required for the state library or its agents to satisfy the requirements of the state documents program or arrangements or agreements entered into pursuant to subsection A, paragraph 5 of this section.

C. The governmental units described in subsection B of this section shall:

1. Notify the state library if the reports, documents and publications subject to this section are posted on an internet website.

2. Pay the state library the fee charged pursuant to section  41-151.12 if the governmental unit refuses the state library's request to supply, and the state library incurs any expenses in obtaining, the copies that are required to be supplied pursuant to this section.
A.R.S. § 41-825 — Arizona Code / Title 41 / Chapter 4.1 / Article 1 / Section 825
41-825 Permanent Arizona historical society preservation and restoration revolving fund
Status: in_force

41-825. Permanent Arizona historical society preservation and restoration revolving fund

A. There is created the permanent Arizona historical society preservation and restoration revolving fund in the amount of five thousand dollars for use in copying, preserving and restoring historic photographs and negatives, which are proper as ultimate claims for payment from state funds. Such expenditures from the fund and reimbursement thereto shall be as prescribed by rules and regulations of the department of administration.

B. The permanent revolving fund shall be established as a separate account on the books of the Arizona historical society and a full accounting of its use shall be made to the department of administration annually or as required by the department of administration.

C. All monies deposited in the revolving fund are appropriated to the Arizona historical society for use as provided in this section and shall be exempt from the provisions of section 35-190, relating to lapsing of appropriations.
A.R.S. § 41-1279.05 — Arizona Code / Title 41 / Chapter 7 / Article 10.1 / Section 1279.05
41-1279.05 Confidential records of auditor general; exemptions; divulgence of restricted information; violation; classification
Status: in_force

41-1279.05. Confidential records of auditor general; exemptions; divulgence of restricted information; violation; classification

A. Working papers and other audit files maintained by the auditor general are not public records and are exempt from title 39, chapter 1.  The information contained in such working papers and audit files prepared pursuant to a specific audit is not subject to disclosure, except to the attorney general and to any county attorney in connection with an investigation made or action taken in the course of their official duties.

B. If the committee approves a special research request, on request for disclosure by the president of the senate or the speaker of the house of representatives, the auditor general shall disclose information contained in the special research request working papers and audit files to the president of the senate or the president's designee, the speaker of the house of representatives or the speaker's designee and the chairman of the joint legislative audit committee for the purpose of overseeing the special research request.  Information contained in the special research request working papers and audit files is not a public record, is exempt from title 39, chapter 1 and is not subject to disclosure except as provided in this section. A person shall not further disclose the information that is obtained from the auditor general.

C. If the auditor general, any member of the auditor general's staff, any other employee or any person who has obtained information pursuant to subsection B knowingly divulges or makes known in any manner not permitted by law any particulars of any record, document, or information the disclosure of which is restricted by law, the person is guilty of a class 5 felony.
A.R.S. § 41-2992.08 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 2992.08
41-2992.08 Watercraft advisory council; termination July 1, 1992
Status: repealed

41-2992.08. Watercraft advisory council; termination July 1, 1992

A. The watercraft advisory council terminates on July 1, 1992.

B.  Section 5-381 is repealed on January 1, 1993.
A.R.S. § 41-115 — Arizona Code / Title 41 / Chapter 1 / Article 1 / Section 115
41-115 Alcohol, tobacco and drug education; definition
Status: in_force

41-115. Alcohol, tobacco and drug education; definition

A. The governor's office of youth, faith and family or the department of health services may partner with state and local education agencies and facility-based nonprofit youth development organizations to annually teach children in grades five through twelve about the health dangers of federally defined illegal substances, tobacco, alcohol, marijuana, opioids and nonprescription pharmaceuticals.

B. For the purposes of this section, "facility-based nonprofit youth development organization" means an organization that provides proven and tested recreational, educational and character-building programs for children who are at least six and under nineteen years of age.
A.R.S. § 41-792.02 — Arizona Code / Title 41 / Chapter 4 / Article 7 / Section 792.02
41-792.02 Capitol mall consolidation fund; use; review
Status: in_force

41-792.02. Capitol mall consolidation fund; use; review

A. The capitol mall consolidation fund is established consisting of monies appropriated by the legislature.  The department shall administer the fund.  Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. Monies in the fund shall be used for building renewal and renovations of state-owned buildings.

C. Before spending monies in the fund, the director shall submit an expenditure plan for review by the joint committee on capital review.
A.R.S. § 41-953 — Arizona Code / Title 41 / Chapter 5 / Article 4 / Section 953
41-953 Certificate of eligibility
Status: in_force

41-953. Certificate of eligibility

If the governor is satisfied from the proof furnished that the applicant is entitled to a pension, he shall issue to the applicant a pension certificate to that effect in a form to be approved by the attorney general and by the department of administration, setting forth the name and address of the pensioner, the date of his discharge, the date upon which payment of the pension shall begin, and such other items as the governor deems proper. The certificate shall be delivered to the pensioner, and the allowance thereunder certified to the department of administration.
A.R.S. § 41-1491.37 — Arizona Code / Title 41 / Chapter 9 / Article 7 / Section 1491.37
41-1491.37 Superior court enforcement; local fair housing
Status: in_force

41-1491.37. Superior court enforcement; local fair housing

A. The superior court has jurisdiction to enforce a local fair housing ordinance with provisions substantially equivalent to the provisions of federal law and this article.

B. An incorporated city or town with a population of three hundred fifty thousand or more persons according to the 1990 United States decennial census that has a fair housing ordinance may file an action in superior court to enforce the ordinance.
A.R.S. § 41-1604.16 — Arizona Code / Title 41 / Chapter 11 / Article 1 / Section 1604.16
41-1604.16 Parole or community supervision eligibility for persons previously convicted of possession or use of marijuana, a dangerous drug or a narcotic drug
Status: in_force

41-1604.16. Parole or community supervision eligibility for persons previously convicted of possession or use of marijuana, a dangerous drug or a narcotic drug

A. Notwithstanding any law to the contrary, if a prisoner has been convicted of the possession or use of marijuana pursuant to section 13-3405, subsection A, paragraph 1, possession or use of a dangerous drug pursuant to section 13-3407, subsection A, paragraph 1 or possession or use of a narcotic drug pursuant to section 13-3408, subsection A, paragraph 1 and the prisoner is not concurrently serving another sentence, the prisoner is eligible for parole or if the offense for which the prisoner was incarcerated was committed on or after January 1, 1994, the prisoner is eligible for community supervision.

B. Any person who has previously been convicted of a violent crime as defined in section 13-901.03 or who has previously been convicted and sentenced in any jurisdiction in the United States of any felony offense is not eligible for parole or community supervision pursuant to this section. If the department is unable to determine if a person has a prior felony conviction, the department shall refer the inmate record to the sentencing court.  The sentencing court shall determine if the person has a prior felony conviction. For the purposes of this subsection, the age of the conviction does not matter.

C. On or before June 3, 1997, the director of the state department of corrections shall prepare a list that identifies each person who is eligible for parole or community supervision pursuant to this section and shall deliver the list to the board of executive clemency.

D. An offense that is committed in another jurisdiction and that is not classified as a felony in Arizona is not a felony offense for purposes of this section.
A.R.S. § 41-1994 — Arizona Code / Title 41 / Chapter 14 / Article 3 / Section 1994
41-1994 Appeal from superior court
Status: in_force

41-1994. Appeal from superior court

An aggrieved party may secure a review of a final judgment of the superior court made and entered under this article, unless prohibited by law. The appeal shall be taken in the manner provided by law for appeals from superior court in a civil action.
A.R.S. § 41-2753 — Arizona Code / Title 41 / Chapter 25 / Article 1 / Section 2753
41-2753 Competition with private enterprise by community colleges and universities; limitations; rules; complaints
Status: in_force

41-2753. Competition with private enterprise by community colleges and universities; limitations; rules; complaints

A. Community colleges and universities under the jurisdiction of a governing board shall not, unless specifically authorized by statute:

1. Provide to persons other than students, faculty, staff and invited guests goods, services or facilities that are practically available from private enterprise, unless the provision of the goods, service or facility offers a valuable educational or research experience for students as a part of their education or fulfills the public service mission of the community college or university. This paragraph does not apply to sponsoring or providing facilities for recreational, cultural and athletic events or to facilities providing food services and sales.

2. Enter competitive bidding for rendering any goods or services unless a clear educational or research advantage would accrue to this state by the community college or university rendering the goods or services.  Any such bid shall fairly and fully allocate all direct and indirect costs unless the funding agency or sources provide for or require all bidders to use a specific procedure or formula for allocating costs.

3. Provide to students, faculty, staff or invited guests goods, services or facilities that are practically available from private enterprise except as authorized by the state governing board.

4. Provide goods, services or facilities for or through another state agency or a local agency, including by intergovernmental or interagency agreement, which, if provided directly by the contractor, would be in violation of this section or section 41-2752.

B. A governing board may adopt and implement rules or policies, as appropriate, to provide for the disposal by sale of products and by-products which are an integral part of research or instruction conducted by community colleges and universities under its jurisdiction if the products and by-products are not sold to a retailer or sold at retail to the public by the particular community college or university unless the sale is an integral part of the particular research project or instructional program or there is no other practical way of disposing by sale of the products or by-products, and if the products or by-products are sold at their market value.

C. A governing board shall adopt and implement rules or policies, as appropriate, to:

1. Regulate community college and university competition with private enterprise and ensure compliance with this section.

2. Regulate use of community college and university facilities by students, faculty, staff, invited guests and the general public.

3. Provide procedures for promptly hearing and resolving complaints lodged under this article relating to community colleges and state universities under the jurisdiction of the governing board. Such procedures shall include provisions for an expedited hearing process if it is determined the alleged competition may cause severe financial hardship on the person filing the complaint.

D. Any person aggrieved by a violation of this section may file a complaint with the governing board.  The governing board shall hear complaints made pursuant to this section within sixty days and shall render its decision within thirty days after the hearing. A person does not have standing to challenge violations of this section in the courts of this state until the person has first made a complaint to the board and has received the board's decision.

E. This section does not apply to:

1. The Arizona health sciences center operated by the university of Arizona, except in those cases in which the health sciences center provides prosthetic or medical devices, or services related to such devices, and a surgical or medical procedure is not involved in the application of the device.

2. The provision of free medical services or equipment to indigents in association with a community service health program.

3. Public service radio and television stations licensed to the governing boards or to community colleges and universities under their jurisdiction.

4. Skill centers operated by the community college districts.
A.R.S. § 41-1712; Version 2 — Arizona Code / Title 41 / Chapter 12 / Article 2 / Section 1712; Version 2
41-1712; Version 2 Organization of department; divisions
Status: in_force

41-1712. Organization of department; divisions

(L22, Ch. 311, sec. 3.  Eff. 7/1/27)

A. The department shall consist of the following divisions:

1. Arizona highway patrol.

2. Narcotics enforcement and criminal investigation.

3. Scientific criminal analysis.

4. Training and education.

5. Major incident division.

B. The department may establish district headquarters and stations at various places in this state, using existing facilities wherever possible, with the personnel and equipment necessary for the proper functioning and operation of the headquarters and stations.

C. The director may establish other divisions or reserves or reorganize or consolidate the department.
A.R.S. § 41-1750.01 — Arizona Code / Title 41 / Chapter 12 / Article 3 / Section 1750.01
41-1750.01 National crime prevention and privacy compact
Status: in_force

41-1750.01. National crime prevention and privacy compact

The contracting parties solemnly agree that:

1. This compact organizes an electronic information sharing system among the states and the federal government to exchange criminal history records for a variety of legally authorized noncriminal justice purposes, including background checks for governmental licensing and employment.

2. Under the compact, the FBI and the states agree to maintain detailed databases of their respective criminal history records, including arrests and dispositions, and to make them available to party states for authorized purposes.  The FBI shall also manage the federal data facilities that provide a significant part of the infrastructure for the system.

Article 1

Definitions

As used in this compact:

1. "Administration of criminal justice" includes criminal identification activities and the collection, storage and dissemination of criminal history records.

2. "Compact officer" means, for the United States government, an official who is designated by the Director of the FBI and, for a party state, the chief administrator of the state's criminal history record repository or a designee who is a regular full-time employee of that repository.

3. "Criminal history record repository" means the state agency that is designated by the governor or other appropriate executive official or the legislature to perform centralized recordkeeping functions for criminal history records and services in the state.

4. "Criminal history records" means information that is collected by criminal justice agencies on individuals and that consists of identifiable descriptions and notations of arrests, detentions, indictments or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision or release.  Criminal history records does not include identification information such as fingerprint records if the information does not indicate involvement of the individual with the criminal justice system.

5. "Criminal justice" includes detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision or rehabilitation of accused persons or criminal offenders.

6. "Criminal justice agency" means the courts, any governmental agency or any subunit of any governmental agency that performs the administration of criminal justice pursuant to a statute or executive order and that allocates a substantial part of its annual budget to the administration of criminal justice.  Criminal justice agency includes state and federal inspector general offices.

7. "Criminal justice services" means services that are provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information that was previously provided for criminal justice purposes.

8. "Criterion offense" means any felony or misdemeanor offense that is not included on the list of nonserious offenses published periodically by the FBI.

9. "Direct access" means access to the national identification index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency.

10. "Executive order" means an order of the president of the United States or the chief executive official of a state that has the force of law and that is adopted in accordance with applicable law.

11. "FBI" means the federal bureau of investigation.

12. "Interstate Identification Index System" or "III system" means the cooperative federal-state system for the exchange of criminal history records and includes the national identification index, the national fingerprint file and, to the extent of their participation in the system, the criminal history record repositories of the states and the FBI.

13. "National fingerprint file" means a database of fingerprints or other uniquely personal identifying information about an arrested or charged individual that is maintained by the FBI to provide positive identification of record subjects indexed in the III system.

14. "National identification index" means an index that is maintained by the FBI and that consists of names, identifying numbers and other descriptive information relating to record subjects about whom there are criminal history records in the III system.

15. "National indices" means the national identification index and the national fingerprint file.

16. "Non-compact or nonparty state" means a state that has not ratified the compact.

17. "Noncriminal justice purposes" means the use of criminal history records for crime prevention and other legitimate law enforcement purposes authorized by federal or state law including, but not limited to, employment suitability or licensing determinations, immigration and naturalization matters and national security clearances.

18. "Party state" or "compact state" means a state that has ratified the compact.

19. "Positive identification" means a determination, based on a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III system.

20. "Sealed record information" means:

(a) For adults, that portion of a record that is not available for criminal justice uses, not supported by fingerprints or other accepted means of positive identification or not subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order that is related to a particular subject or pursuant to a state or federal statute that requires action on a sealing petition filed by a particular record subject.

(b) For juveniles, whatever each state determines is a sealed record under its own law and procedure.

21. "State" means any state, territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico.

Article II

Purposes

The purposes of this compact are to:

1. Provide a legal framework for the establishment of a cooperative federal-state system for the interstate and federal-state exchange of criminal history records for noncriminal justice uses.

2. Require the FBI to permit use of the national identification index and the national fingerprint file by parties to this compact and to provide, in a timely fashion, federal and state criminal history records to requesting states, in accordance with the terms of this compact and with rules, procedures and standards that are established by the compact council under article VI of this compact.

3. Require party states to provide information and records for the national identification index and the national fingerprint file and to provide criminal history records, in a timely fashion, to criminal history record repositories of other states and the federal government for noncriminal justice purposes, in accordance with the terms of this compact and with rules, procedures and standards that are established by the compact council under article VI of this compact.

4. Provide for the establishment of a compact council to monitor III system operations and to promulgate system rules and procedures for the effective and proper operation of the III system for noncriminal justice purposes.

5. Require compact states to adhere to system standards concerning record dissemination and use, response times, system security, data quality and other duly established standards.

Article III

Responsibilities of Compact parties

A. The FBI has the following responsibilities:

1. The FBI director shall appoint an FBI compact officer who shall:

(a) Have responsibility for administering the provisions of this compact within the department of justice and the federal user community.

(b) Ensure that compact provisions and rules, procedures and standards that are established by the compact council under article VI of this compact are complied with in the federal user community.

(c) Regulate the use of records that are received by means of the III system from party states when such records are supplied by the FBI directly to other federal agencies.

2. The FBI shall:

(a) Provide to federal agencies and to state criminal history record repositories criminal history records that are maintained in its database for any noncriminal justice purposes described in article IV.  These responses shall include information from non-compact states and from compact states relating to records for which such states have not assumed responsibility, to the extent that such data is maintained in FBI records.

(b) Provide a telecommunications network and maintain centralized facilities for the exchange of criminal history records for both criminal justice and noncriminal justice purposes described in article IV.  The FBI shall ensure that the exchange of these records for criminal justice purposes has priority over the exchange of these records for noncriminal justice purposes.

(c) Modify or enter into user agreements with non-compact state criminal history record repositories to require them to establish record request procedures that conform to procedures prescribed in article V of this compact.

B. The states have the following responsibilities:

1. Each party state shall appoint a compact officer who shall:

(a) Have responsibility for administering the provisions of this compact within that state.

(b) Ensure that compact provisions and rules, procedures and standards that are established by the compact council under article VI are complied with in the state.

(c) Regulate the in-state use of records that are received by means of the III system from the FBI or from other party states.

2. Each party state's criminal history record repository shall:

(a) Provide information and records for the national identification index and the national fingerprint file.

(b) Provide the state's III system-indexed criminal history records for noncriminal justice purposes described in article IV.

3. Each party state shall:

(a) Participate in the national fingerprint file.

(b) Provide and maintain telecommunications links and related equipment that is necessary to support the services set forth in this compact.

C. In carrying out their responsibilities under the compact, party states and the FBI shall comply with system rules, procedures and standards that are established by the compact council concerning record dissemination and use, response times, data quality, system security and other aspects of system operation.

D. For the purposes of the maintenance of record services:

1. The use of the III system for noncriminal justice purposes authorized in this compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes.

2. The administration of compact provisions shall not reduce the level of services available to authorized noncriminal justice users on the effective date of this compact.

Article IV

Authorized Record Disclosures

A. To the extent authorized by the privacy act:

1. On request of a state criminal history record repository, the FBI shall provide criminal history records, including all unsealed federal criminal history records relating to criterion offenses for record subjects indexed in the III systems, for any noncriminal justice purpose that is allowed by federal statute or federal executive order or a state statute that has been approved by the United States attorney general and that authorizes national indices checks.

2. The FBI and state record repositories shall provide criminal history records, including all unsealed state criminal history record information relating to criterion offenses for record subjects indexed in the III system, to criminal justice agencies and other governmental or nongovernmental agencies for any noncriminal justice purposes that are allowed by federal statute or federal executive order or a state statute that has been approved by the United States attorney general and that authorizes national indices checks.

B. Records obtained under this compact may be used only for the official purposes for which they were requested.  Compact officers shall establish procedures and measures, consistent with the provisions of this compact and with rules, procedures and standards that are established by the compact council under article VI, to ensure that records are used only by authorized officials for authorized purposes and to require that subsequent record checks are requested to obtain current information whenever a new need arises.  These procedures must ensure that record entries that may not legally be used for a particular noncriminal justice purpose will be deleted from the response and, if no information authorized for release remains, an appropriate "no record" response will be communicated to the requesting official.

Article V

Record Request Procedures

A. Applicant fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history record checks for noncriminal justice purposes.

B. Requests for criminal history record checks that use the national indices and that are made under any approved state statute shall be submitted through that state's criminal history record repository.  A state criminal history record repository shall process interstate requests for noncriminal justice purposes through the national indices only if the requests are transmitted through another state criminal history record repository or the FBI.

C. Requests for criminal history record checks that use the national indices and that are made under federal authority shall be submitted through the FBI or, if the repository consents to process fingerprint submissions, through the repository in the state in which the requests originated.  Direct access to the national identification index by entities other than the FBI and state criminal history record repositories shall not be permitted for noncriminal justice purposes.

D. State criminal history record repositories and the FBI may charge fees for handling requests that involve fingerprint processing for noncriminal justice purposes, except that no fees shall be charged for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints.

E. If a state criminal history record repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, shall be forwarded to the FBI for a search of the national indices.  If the FBI positively identifies the subject as having a III system-indexed record or records, the FBI shall advise the state repository that submitted the request.  The state repository shall then be entitled to obtain the additional criminal history record information from the FBI or other state repositories.

Article VI

Establishment of Compact Council

A. A compact council is established.  The council shall promulgate rules and procedures governing the use of the III system for noncriminal justice purposes.  The rules and procedures shall not conflict with FBI administration of the III system for criminal justice purposes.  The council shall continue in existence so long as the compact remains in effect. For administrative purposes, the council shall be located within the FBI.  The council shall be organized and its first meeting held as soon as practicable after the effective date of this compact.

B. The council consists of fifteen members who are appointed by the United States attorney general as follows:

1. Nine members who serve two year terms and who are selected from the duly designated compact officers of party states based on the recommendation of the compact officers of all party states.  In the absence of the requisite number of compact officers available to serve, the chief administrators of the criminal history record repositories of non-compact states shall be eligible to serve on an interim basis.

2. Two at-large members who serve three year terms, one of whom represents federal criminal justice agencies and one of whom represents federal noncriminal justice agencies, and who are nominated by the director of the FBI.

3. Two at-large members who serve three year terms, one of whom represents state or local criminal justice agencies and one of whom represents state or local noncriminal justice agencies, and who are nominated by the compact council chairman.

4. One member who serves a three year term, who is simultaneously a member of the FBI's advisory policy board on criminal justice information services and who is nominated by the membership of this board.

5. One member who serves a three year term, who is simultaneously an employee of the FBI and who is nominated by the director of the FBI.

C. The chairman of the council shall be a member of and elected by the members of the council.  The chairman shall be a compact officer unless there is no compact officer on the council who is willing to serve, in which case the chairman may be an at-large member.  The chairman shall serve a two-year term and may be reelected to only one additional two-year term.

D. The council shall meet at least once each year.  Meetings shall be open to the public.  Appropriate prior public notices shall be provided.

E. The council shall have authority to request from the FBI any reports, studies, statistics or other information or materials as it finds necessary to enable it to perform its duties under this compact. The FBI, to the extent authorized by law, may provide such assistance or information.

F. The chairman may establish technical or other committees as necessary and may prescribe their membership, responsibilities and duration.

Article VII

Ratification of Compact

This compact becomes effective immediately on its execution by two or more states as between those states and the United States.  On subsequent ratification of the compact by additional states, it shall become effective among these states and party states that have previously ratified the compact.  When ratified, the compact has the full force and effect of law within the ratifying jurisdictions.  The form of ratification shall be in accordance with the laws of the executing state.

Article VIII

Miscellaneous Provisions

A. Administration of the compact shall not interfere with the management and control of the director of the FBI over the FBI's collection and dissemination of criminal history records and the advisory function of the FBI's advisory policy board chartered under the federal advisory committee act for all purposes other than noncriminal justice.

B. Nothing in this compact requires the FBI to obligate or expend funds beyond its appropriations.

C. Nothing in this compact diminishes or lessens the obligations, responsibilities and authorities of any state, whether a compact state or a non-compact state, or of any criminal history record repository or other subdivision or component of any criminal history record repository under Public Law 92-544 or regulations and guidelines promulgated thereunder, including the III system standards that are referred to in article III(c) regarding the use and dissemination of criminal history records and information.

Article IX

Renunciation

This compact binds each party state until renounced by it. Renunciation of this compact shall be effected in the same manner by which a state ratified the compact.  Renunciation shall become effective six months after written notice of renunciation is provided to all other parties.

Article X

Severability

The provisions of this compact are severable.  If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or if the applicability of any phrase, clause, sentence or provisions of this compact to any government, agency, person or circumstance is held to be invalid, the validity of the remainder of this compact and the applicability of the remainder of this compact to any government, agency, person or circumstance shall not be affected.  If a portion of this compact is declared to be contrary to the constitution of any party state, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the affected party state as to all other provisions.

Article XI

Adjudication of Disputes

The compact council has original jurisdiction concerning this compact regarding interpretations of the compact or rules or standards established by the compact council pursuant to article V and disputes or controversies between parties to this compact.  The council shall hold a hearing concerning the above at any regularly scheduled meeting and shall only render a decision based on a majority vote of its members.  The FBI shall exercise immediate and necessary action to preserve the integrity of the III system, to maintain system policy and standards and to prevent abuses until the council holds a hearing on such matters.  Parties may appeal the decisions of the compact council to the United States attorney general and finally to the appropriate United States district court, which shall have original jurisdiction of all cases or controversies arising under this compact.  Any appeal so arising that is initiated in a state court shall be removed to the appropriate United States district court in the manner provided by 28 United States Code section 1446 or other statutory authority.
A.R.S. § 41-2955 — Arizona Code / Title 41 / Chapter 27 / Article 1 / Section 2955
41-2955 Termination of state agencies; continuation
Status: in_force

41-2955. Termination of state agencies; continuation

A. All agencies shall terminate pursuant to the schedule prescribed by article 2 of this chapter, unless continued pursuant to this chapter.

B. Any agency may be continued by the legislature for a period not to exceed ten years. At the end of such period, it shall again be subject to sunset review. Any agency continued, revised or consolidated by the legislature shall contain within the enabling legislation a legislative intent section setting forth the objectives of the programs administered by the agency.

C. An agency is continued pursuant to this section if legislation to continue such agency is passed by the legislature and signed by the governor prior to the date set for termination of the agency even if the legislation to continue the agency has not become effective on the date of scheduled termination.

D. Any agency created from and after June 30, 1978 shall continue in existence for not more than ten years from the effective date of its establishment and shall be subject to this chapter.

E. Each agency created from and after June 30, 1978 shall contain a policy or purpose statement in its enabling legislation setting forth the objectives of the programs.

F. Nothing in this chapter shall be construed to prohibit the legislature from terminating any agency covered by this chapter at a date earlier than that prescribed by this chapter nor to prohibit the legislature from considering any other legislation relative to any such agency. Nothing in this chapter shall be construed to terminate the funds administered by the water infrastructure finance authority of Arizona pursuant to title 49, chapter 8.
A.R.S. § 41-511.08 — Arizona Code / Title 41 / Chapter 3 / Article 1.1 / Section 511.08
41-511.08 Judicial review
Status: in_force

41-511.08. Judicial review

Except as provided in section 41-1092.08, subsection H, an appeal from a final decision of the board or from a final decision of the director made pursuant to the powers and duties delegated to the director by the board may be taken pursuant to title 12, chapter 7, article 6.
A.R.S. § 41-2606 — Arizona Code / Title 41 / Chapter 23 / Article 8 / Section 2606
41-2606 Surplus materials revolving funds
Status: in_force

41-2606. Surplus materials revolving funds

A. The state surplus materials revolving fund is established. All monies coming into the department derived from state surplus materials fees and charges shall be placed in the state surplus materials revolving fund. All uncommitted monies in the state surplus materials revolving fund in excess of one hundred thousand dollars at the close of any fiscal year revert to the state general fund.

B. The federal surplus materials revolving fund is established. All monies coming into the department derived from federal surplus materials shall be placed in the federal surplus materials revolving fund.  All uncommitted monies in the federal surplus materials revolving fund in excess of fifty thousand dollars at the close of any fiscal year shall be returned to agencies and institutions through discounted service and handling charges to eligible donees in the following fiscal year until the surplus is depleted.

C. Monies in the funds shall be available, subject to legislative appropriation, for the purpose of carrying out the provisions of this article.
A.R.S. § 41-2418 — Arizona Code / Title 41 / Chapter 21 / Article 1 / Section 2418
41-2418 Arizona deoxyribonucleic acid identification system
Status: in_force

41-2418. Arizona deoxyribonucleic acid identification system

A. The Arizona deoxyribonucleic acid identification system is established in the department of public safety for the purposes of conducting deoxyribonucleic acid testing and analysis pursuant to section 13-610.

B. The scientific criminal analysis section established in section 41-1771 shall establish procedures for the implementation of section 13-610, subsection H.
A.R.S. § 41-1092.01 — Arizona Code / Title 41 / Chapter 6 / Article 10 / Section 1092.01
41-1092.01 Office of administrative hearings; director; powers and duties; fund
Status: in_force

41-1092.01. Office of administrative hearings; director; powers and duties; fund

A. An office of administrative hearings is established.

B. The governor shall appoint the director pursuant to section 38-211.  At a minimum, the director shall have the experience necessary for appointment as an administrative law judge. The director also shall possess supervisory, management and administrative skills, as well as knowledge and experience relating to administrative law.

C. The director shall:

1. Serve as the chief administrative law judge of the office.

2. Make and execute the contracts and other instruments that are necessary to perform the director's duties.

3. Subject to chapter 4, article 4 of this title, hire employees, including full-time administrative law judges, and contract for special services, including temporary administrative law judges, that are necessary to carry out this article. An administrative law judge employed or contracted by the office shall have graduated from an accredited college of law or shall have at least two years of administrative or managerial experience in the subject matter or agency section the administrative law judge is assigned to in the office.

4. Make rules that are necessary to carry out this article, including rules governing ex parte communications in contested cases.

5. Submit a report to the governor, speaker of the house of representatives and president of the senate by November 1 of each year describing the activities and accomplishments of the office. The director's annual report shall include a summary of the extent and effect of agencies' utilization of administrative law judges, court reporters and other personnel in proceedings under this article and recommendations for changes or improvements in the administrative procedure act or any agency's practice or policy with respect to the administrative procedure act.  The director shall provide a copy of the report to the secretary of state.

6. Secure, compile and maintain all decisions, opinions or reports of administrative law judges issued pursuant to this article and the reference materials and supporting information that may be appropriate.

7. Develop, implement and maintain a program for the continuing training and education of administrative law judges and agencies in regard to their responsibilities under this article. The program shall require that an administrative law judge receive training in the technical and subject matter areas of the sections to which the administrative law judge is assigned.

8. Develop, implement and maintain a program of evaluation to aid the director in the evaluation of administrative law judges appointed pursuant to this article that includes comments received from the public.

9. Annually report the following to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state by December 1 for the prior fiscal year:

(a) The number of administrative law judge decisions rejected or modified by agency heads.

(b) By category, the number and disposition of motions filed pursuant to section 41-1092.07, subsection A to disqualify office administrative law judges for bias, prejudice, personal interest or lack of expertise.

(c) By agency, the number and type of violations of section 41-1009.

10. Schedule hearings pursuant to section 41-1092.05 on the request of an agency or the filing of a notice of appeal pursuant to section 41-1092.03.

D. The director shall not require legal representation to appear before an administrative law judge.

E. Except as provided in subsection F of this section, all state agencies supported by state general fund sources, unless exempted by this article, and the registrar of contractors shall use the services and personnel of the office to conduct administrative hearings. All other agencies shall contract for services and personnel of the office to conduct administrative hearings.

F. An agency head, board or commission that directly conducts an administrative hearing as an administrative law judge is not required to use the services and personnel of the office for that hearing.

G. Each state agency, and each political subdivision contracting for office services pursuant to subsection I of this section, shall make its facilities available, as necessary, for use by the office in conducting proceedings pursuant to this article.

H. The office shall employ full-time administrative law judges to conduct hearings required by this article or other laws as follows:

1. The director shall assign administrative law judges from the office to an agency, on either a temporary or a permanent basis, at supervisory or other levels, to preside over contested cases and appealable agency actions in accordance with the special expertise of the administrative law judge in the subject matter of the agency.

2. The director shall establish the subject matter and agency sections within the office that are necessary to carry out this article. Each subject matter and agency section shall provide training in the technical and subject matter areas of the section as prescribed in subsection C, paragraph 7 of this section.

I. If the office cannot furnish an office administrative law judge promptly in response to an agency request, the director may contract with qualified individuals to serve as temporary administrative law judges.  These temporary administrative law judges are not employees of this state.

J. The office may provide administrative law judges on a contract basis to any governmental entity to conduct any hearing not covered by this article. The director may enter into contracts with political subdivisions of this state, and these political subdivisions may contract with the director for the purpose of providing administrative law judges and reporters for administrative proceedings or informal dispute resolution.  The contract may define the scope of the administrative law judge's duties. Those duties may include the preparation of findings, conclusions, decisions or recommended decisions or a recommendation for action by the political subdivision. For these services, the director shall request payment for services directly from the political subdivision for which the services are performed, and the director may accept payment on either an advance or reimbursable basis.

K. The office shall apply monies received pursuant to subsections E and J of this section to offset its actual costs for providing personnel and services.

L. The office shall receive complaints against a county, a local government as defined in section 9-1401 or a video service provider as defined in section 9-1401 or 11-1901 and shall comply with the duties imposed on the office pursuant to title 9, chapter 13 for complaints involving local governments and title 11, chapter 14 for complaints involving counties.
A.R.S. § 41-2997.16 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 2997.16
41-2997.16 Apprenticeship advisory council; termination July 1, 1997
Status: repealed

41-2997.16. Apprenticeship advisory council; termination July 1, 1997

A. The apprenticeship advisory council terminates on July 1, 1997.

B. Title 23, chapter 2, article 2 is repealed on January 1, 1998.
A.R.S. § 41-1830.52 — Arizona Code / Title 41 / Chapter 12 / Article 12 / Section 1830.52
41-1830.52 Department of public safety contractual agreements; towing; maximum allowable rates
Status: in_force

41-1830.52. Department of public safety contractual agreements; towing; maximum allowable rates

A. The director shall establish the maximum allowable rates for towing vehicle classifications used in department agreements with a towing firm for towing or storage services, or both.

B. The director shall consult every even-numbered year with a statewide towing industry association and providers of towing services from each geographical towing area, to review information, including contract rates and the current industry retail rates.  The director may consult additional stakeholders as needed.

C. Prior to the expiration of an existing contract the department may adjust the towing service fees to reflect information received pursuant to subsection B of this section or any other relevant information.
A.R.S. § 41-265 — Arizona Code / Title 41 / Chapter 2 / Article 1 / Section 265
41-265 Short form certificates
Status: in_force

41-265. Short form certificates

The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by section 41-264, subsections A and B:

1. For an acknowledgment in an individual capacity:

State of  _____________________________________________

(County) of ___________________________________________

This record was acknowledged before me on _____________

Date

by ___________________________________

Name(s) of individual(s)

______________________________________

Signature of notarial officer

Stamp

(_____________________________________)

Title of office

(My commission expires:  _____________)

2. For an acknowledgment in a representative capacity:

State of _________________________________________

(County) of ______________________________________

This record was acknowledged before me on _____________

Date

by ____________________________________________________

Name(s) of individual(s)

as (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed).

________________________________________

Signature of notarial officer

Stamp

(_______________________________________)

Title of office

(My commission expires:  _______________)

3. For a verification on oath or affirmation:

State of _________________________________________

(County) of ______________________________________

Signed and sworn to (or affirmed) before me on ___________

Date

by ________________________________________________________

Name(s) of individual(s) making statement

__________________________________________

Signature of notarial officer

Stamp

(_________________________________________)

Title of office

(My commission expires: __________________)

4. For witnessing or attesting a signature:

State of _________________________________________

(County) of ______________________________________

Signed (or attested) before me on ________________

Date

by _______________________________________________

Name(s) of individual(s)

___________________________________________

Signature of notarial officer

Stamp

(__________________________________________)

Title of office

(My commission expires: ___________________)

5. For certifying a copy of a record:

State of ________________________________________

(County) of _____________________________________

I certify that this is a true and correct copy of a record in the possession of _________________________________.

Dated _______________________________

_____________________________________

Signature of notarial officer

Stamp

(____________________________________)

Title of office

(My commission expires: _____________)

6. For certifying a tangible copy of an electronic record:

State of _______________________________________________

(County) of ____________________________________________    I certify that the foregoing copy of a record (entitled ________) (dated _______) and containing ________ pages is an accurate copy of an electronic record.

Dated ____________________________________

__________________________________________

Signature of notarial officer

Stamp

(_________________________________________)

Title of office

(My commission expires: __________________)
A.R.S. § 41-256 — Arizona Code / Title 41 / Chapter 2 / Article 1 / Section 256
41-256 Authority to refuse to perform notarial acts
Status: in_force

41-256. Authority to refuse to perform notarial acts

A. A notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that either:

1. The individual executing the record is competent or has the capacity to execute the record.

2. The individual's signature is knowingly and voluntarily made.

B. A notarial officer may refuse to perform a notarial act unless refusal is prohibited by any law other than this article.
A.R.S. § 41-1491.14 — Arizona Code / Title 41 / Chapter 9 / Article 7 / Section 1491.14
41-1491.14 Discrimination in sale or rental
Status: in_force

41-1491.14. Discrimination in sale or rental

A. A person may not refuse to sell or rent after a bona fide offer has been made or refuse to negotiate for the sale or rental of or otherwise make unavailable or deny a dwelling to any person because of race, color, religion, sex, familial status or national origin.

B. A person may not discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental, because of race, color, religion, sex, familial status or national origin.

C. This section does not prohibit discrimination against a person because the person has been convicted under federal law or the law of any state of the illegal manufacture or distribution of a controlled substance.
A.R.S. § 41-3026.02 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3026.02
41-3026.02 Arizona state veterinary medical examining board; termination July 1, 2026
Status: repealed

41-3026.02. Arizona state veterinary medical examining board; termination July 1, 2026

A. The Arizona state veterinary medical examining board terminates on July 1, 2026.

B. Title 32, chapter 21 and this section are repealed on January 1, 2027.
A.R.S. § 41-114 — Arizona Code / Title 41 / Chapter 1 / Article 1 / Section 114
41-114 Human trafficking victim assistance fund; definition
Status: in_force

41-114. Human trafficking victim assistance fund; definition

A. The human trafficking victim assistance fund is established consisting of monies received pursuant to sections 9-500.10 and 32-4260.  The director shall administer the fund for the purposes prescribed in this section.

B. The governor's office for children, youth and families shall establish program priorities for the fund.  The office shall spend monies in the fund to provide assistance to victims of sex trafficking prescribed in section 13-1307, child sex trafficking prescribed in section 13-3212, subsection A, paragraph 9 or 10 and trafficking of persons for forced labor or services prescribed in section 13-1308.

C. Monies in the fund do not revert to the state general fund.

D. For the purposes of this section, "director" means the director of the governor's office for children, youth and families.
A.R.S. § 41-1232.05 — Arizona Code / Title 41 / Chapter 7 / Article 8.1 / Section 1232.05
41-1232.05 Lobbyist registration; handbook; requirement
Status: in_force

41-1232.05. Lobbyist registration; handbook; requirement

A. A person who is listed by a principal or public body on a registration form pursuant to section 41-1232 or 41-1232.01 as a lobbyist for compensation, designated lobbyist or designated public lobbyist shall file a lobbyist registration form with the secretary of state in a format prescribed by the secretary of state no later than 5:00 p.m. on the second Monday in January of each even numbered year and shall read a handbook containing statutes and rules governing lobbyists for compensation, designated lobbyists and designated public lobbyists, written guidelines and forms and samples for completing the lobbyist disclosure forms.  A person shall file the registration at any time beginning December 1 in the odd numbered year until 5:00 p.m. on the second Monday in January in the even numbered year.  The lobbyist handbook shall be written and prescribed by the secretary of state. A person who is originally listed as a lobbyist for compensation, designated lobbyist or designated public lobbyist for a month other than January shall file, within thirty days, a registration form and shall file a registration form for January of each even numbered year thereafter if the person continues to be listed as a lobbyist for compensation, designated lobbyist or designated public lobbyist.

B. The lobbyist registration form shall include:

1. The name of the lobbyist for compensation, designated lobbyist or designated public lobbyist.

2. The business name and address of the lobbyist for compensation, designated lobbyist or designated public lobbyist.

3. A statement that the lobbyist for compensation, designated lobbyist or designated public lobbyist has read the lobbyist handbook prescribed in subsection A of this section.
A.R.S. § 41-860.02 — Arizona Code / Title 41 / Chapter 4.1 / Article 5 / Section 860.02
41-860.02 State firearm
Status: in_force

41-860.02. State firearm

The colt single action army revolver is the official state firearm.
A.R.S. § 41-3028.04 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3028.04
41-3028.04 Arizona department of homeland security; termination July 1, 2028
Status: repealed

41-3028.04. Arizona department of homeland security; termination July 1, 2028

A. The Arizona department of homeland security terminates on July 1, 2028.

B. Title 41, chapter 41 and this section are repealed on January 1, 2029.
A.R.S. § 41-1830.01 — Arizona Code / Title 41 / Chapter 12 / Article 9 / Section 1830.01
41-1830.01 Powers and duties
Status: in_force

41-1830.01. Powers and duties

The council shall assist in the coordination of the duties of the prosecuting attorneys of this state and their staffs and, in this capacity, it shall:

1. Establish rules and regulations for the government and conduct of the council, including meeting times, places and matters to be placed on the agenda of each meeting.

2. Prepare manuals of procedure.

3. Give assistance in the preparation of trial briefs, forms and instructions.

4. Conduct research and studies that would be of interest and value to all prosecuting attorneys and their staffs.

5. Provide training programs for prosecuting attorneys and other criminal justice personnel.

6. Maintain liaison contact with study commissions and agencies of all branches of local, state and federal government that will be of benefit to law enforcement and the fair administration of justice in this state.

7. Establish training standards for prosecuting attorneys and assist in meeting those standards by promulgating rules and procedures relating to such standards.

8. File an annual report of financial receipts and expenditures with the governor, speaker of the house and president of the senate.
A.R.S. § 41-1830.31 — Arizona Code / Title 41 / Chapter 12 / Article 11 / Section 1830.31
41-1830.31 Private prison escapee fund; monies; uses; lapsing; definitions
Status: in_force

41-1830.31. Private prison escapee fund; monies; uses; lapsing; definitions

A. A private prison escapee fund is established for the purposes of providing monies to cover capture costs associated with escapees or liabilities that the state may incur. The fund consists of the monies deposited pursuant to subsection B of this section and section 41-1682, subsection B, paragraph 1. The director of the department of administration shall administer the fund.

B. All private prisons shall pay a penalty to the director of the department of administration for the capture costs of an escapee in the amount of ten thousand dollars per escapee or the actual capture costs per escapee, whichever is more. The director of the department of administration shall deposit the monies received from the private prison into the private prison escapee fund.

C. Fund monies shall be used to reimburse law enforcement agencies of this state for the costs incurred by them in capturing prisoners who escape from private prisons.

D. A detailed account of the costs incurred in capturing escapees shall be submitted to the director of the department of public safety and reimbursed on approval by the director.

E. Monies in the private prison escapee fund do not revert to the state general fund. The monies in the fund are a continuing appropriation to the director of the department of administration for the purposes prescribed in this section.

F. The director of the department of administration shall reimburse monies deposited in the fund by private prisons as prescribed by section 41-1682, subsection B, paragraph 1 after receiving notification from the director of the state department of public safety to reimburse the monies.

G. For the purposes of this section:

1. "Escapee" means a prisoner who leaves a private prison facility without lawful authorization and whose leaving requires law enforcement personnel to undertake actions to capture the prisoner.

2. "Private prison" means any privately owned prison that does not contract exclusively with the state department of corrections and is primarily directed at housing adult prisoners who are sentenced to serve a term of detention or incarceration by a court from a state other than this state.
A.R.S. § 41-1304.01 — Arizona Code / Title 41 / Chapter 8 / Article 1 / Section 1304.01
41-1304.01 Continuing code revision
Status: in_force

41-1304.01. Continuing code revision

A. The director of the Arizona legislative council shall provide for:

1. The preparation and submission to the legislature of a report as to defects in the constitution and laws of Arizona.

2. The drafting in the form of bills and resolutions of proposed legislation to carry out the recommendations contained in the report as to defects in the constitution and laws of Arizona. All drafting in the form of bills and resolutions of proposed legislation to correct defects in the constitution and laws of Arizona that were subject to a successful referendum shall be submitted to the legislature separately from all other drafts to correct reported defects.

3. The arranging for publication of annotations of decisions of the supreme court of Arizona.

4. The preparation, arranging and correlation for publication, at the end of each legislative session, of the laws enacted during the session.

5. The preparation, arranging and correlation for publication of other laws enacted.

B. The director may prepare for submission to the legislature a rewriting and revision, in simplified style, phraseology and order, of any title, chapter, article or sections of the Arizona Revised Statutes.
A.R.S. § 41-2301 — Arizona Code / Title 41 / Chapter 19 / Article 1 / Section 2301
41-2301 Office of tourism
Status: in_force

41-2301. Office of tourism

There is established an office of tourism.
A.R.S. § 41-1021.02 — Arizona Code / Title 41 / Chapter 6 / Article 3 / Section 1021.02
41-1021.02 State agencies; annual regulatory agenda
Status: in_force

41-1021.02. State agencies; annual regulatory agenda

A. On or before December 1 of each year, each agency, except for a self-supporting regulatory board as defined in section 41-1092, shall prepare and make available to the public the regulatory agenda that the agency expects to follow during the next calendar year.

B. The regulatory agenda shall include all of the following:

1. A notice of docket openings.

2. A notice of any proposed rule making, including potential sources of federal funding for each proposed rule making.

3. A review of existing rules.

4. A notice of a final rule making.

C. The regulatory agenda shall also provide for the following information:

1. Any rule making terminated during the current calendar year.

2. Any privatization option and nontraditional regulatory approach being considered by the agency.

D. This section does not prohibit an agency from undertaking any rule making action even if that action has not been included in the agency's annual regulatory agenda.
A.R.S. § 41-1842 — Arizona Code / Title 41 / Chapter 12.1 / Article 2 / Section 1842
41-1842 Violation; classification
Status: in_force

41-1842. Violation; classification

Any person violating or failing to comply with any provision of this chapter is guilty of a class 1 misdemeanor.
A.R.S. § 41-1152 — Arizona Code / Title 41 / Chapter 7 / Article 4 / Section 1152
41-1152 Immunity of witnesses
Status: in_force

41-1152. Immunity of witnesses

Testimony or evidence produced pursuant to this article may not be admitted in evidence or used in any manner in any criminal prosecution against a natural person sworn and examined before either house of the legislature or any committee of either house, except for perjury, false swearing, tampering with physical evidence or any other offense committed in connection with an appearance required by section 41-1151 if it constitutes either the compelled testimony or the private papers of such person which would be privileged evidence pursuant to the fifth amendment of the Constitution of the United States or article II, section 10 of the Constitution of Arizona and such person claimed the privilege against self-incrimination and a majority of the committee, after consultation with the attorney general, votes to order such person to testify or produce such papers.
A.R.S. § 41-1092.12 — Arizona Code / Title 41 / Chapter 6 / Article 10 / Section 1092.12
41-1092.12 Private right of action; recovery of costs and fees; definitions
Status: in_force

41-1092.12. Private right of action; recovery of costs and fees; definitions

A. If an agency takes an action against a party that is arbitrary, capricious or not in accordance with law, the action is an appealable agency action if all of the following apply:

1. Within ten days after receiving notification of the action that is arbitrary, capricious or not in accordance with law, the party notifies the director of the agency in writing of the party's intent to file a claim pursuant to this section. This notice shall include a description of the action the party claims to be arbitrary, capricious or not in accordance with law and reasons why the action is arbitrary, capricious or not in accordance with law.

2. The agency continues the action that is arbitrary, capricious or not in accordance with law more than ten days after the agency receives the notice.

3. The action is not excluded from the definition of appealable agency action as defined in section 41-1092.

B. This section only applies if an administrative remedy or an administrative or a judicial appeal of final agency action is not otherwise provided by law.

C. If the party prevails, the agency shall pay reasonable costs and fees to the party from any monies appropriated to the agency and available for that purpose or from other operating monies of the agency. If the agency fails or refuses to pay the award within fifteen days after the demand, and if no further review or appeal of the award is pending, the prevailing party may file a claim with the department of administration. The department of administration shall pay the claim within thirty days in the same manner as an uninsured property loss under chapter 3.1, article 1 of this title, except that the agency is responsible for the total amount awarded and shall pay it from its operating monies. If the agency had appropriated monies available for paying the award at the time it failed or refused to pay, the legislature shall reduce the agency's operating appropriation for the following fiscal year by the amount of the award and shall appropriate that amount to the department of administration as reimbursement for the loss.

D. If the administrative law judge determines that the appealable agency action is frivolous, the administrative law judge may require the party to pay reasonable costs and fees to the agency in responding to the appeal filed before the office of administrative hearings.

E. Notwithstanding any other law, a licensee may forgo an administrative appeal and seek judicial review of an agency's grant, denial, modification or revocation of a permit issued pursuant to title 49.

F. For the purposes of this section:

1. "Action against the party" means any of the following that results in the expenditure of costs and fees:

(a) A decision.

(b) An inspection.

(c) An investigation.

(d) The entry of private property.

(e) A notice of violation.

2. "Agency" means the department of environmental quality established pursuant to title 49, chapter 1, article 1.

3. "Costs and fees" means reasonable attorney and professional fees.

4. "Notice of violation" means a written notice issued after an inspection or investigation pursuant to section 41-1009 that documents and communicates an alleged deficiency meeting one or more of the criteria listed in section 41-1009, subsection E.

5. "Party" means an individual, partnership, corporation, association and public or private organization at whom the action was directed and who has expended costs and fees as a result of the action against the party.
A.R.S. § 41-1758.07 — Arizona Code / Title 41 / Chapter 12 / Article 3.1 / Section 1758.07
41-1758.07 Level I fingerprint clearance cards; definitions
Status: in_force

41-1758.07. Level I fingerprint clearance cards; definitions

A. On receiving the state and federal criminal history record of a person who is required to be fingerprinted pursuant to this section, the division shall compare the record with the list of criminal offenses that preclude the person from receiving a level I fingerprint clearance card.  If the person's criminal history record does not contain any of the offenses listed in subsections B and C of this section, the division shall issue the person a level I fingerprint clearance card.

B. A person who is subject to registration as a sex offender in this state or any other jurisdiction or who is awaiting trial on or who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit one or more of the following offenses in this state or the same or similar offenses in another state or jurisdiction is precluded from receiving a level I fingerprint clearance card:

1. Sexual abuse of a vulnerable adult.

2. Incest.

3. Homicide, including first or second degree murder, manslaughter and negligent homicide.

4. Sexual assault.

5. Sexual exploitation of a minor.

6. Sexual exploitation of a vulnerable adult.

7. Commercial sexual exploitation of a minor.

8. Commercial sexual exploitation of a vulnerable adult.

9. Child sex trafficking as prescribed in section 13-3212.

10. Child abuse.

11. Felony child neglect.

12. Abuse of a vulnerable adult.

13. Sexual conduct with a minor.

14. Molestation of a child.

15. Molestation of a vulnerable adult.

16. Dangerous crimes against children as defined in section 13-705.

17. Exploitation of minors involving drug offenses.

18. Taking a child for the purpose of prostitution as prescribed in section 13-3206.

19. Neglect or abuse of a vulnerable adult.

20. Sex trafficking.

21. Sexual abuse.

22. Production, publication, sale, possession and presentation of obscene items as prescribed in section 13-3502.

23. Furnishing harmful items to minors as prescribed in section 13-3506.

24. Furnishing harmful items to minors by internet activity as prescribed in section 13-3506.01.

25. Obscene or indecent telephone communications to minors for commercial purposes as prescribed in section 13-3512.

26. Luring a minor for sexual exploitation.

27. Enticement of persons for purposes of prostitution.

28. Procurement by false pretenses of person for purposes of prostitution.

29. Procuring or placing persons in a house of prostitution.

30. Receiving earnings of a prostitute.

31. Causing one's spouse to become a prostitute.

32. Detention of persons in a house of prostitution for debt.

33. Keeping or residing in a house of prostitution or employment in prostitution.

34. Pandering.

35. Transporting persons for the purpose of prostitution, polygamy and concubinage.

36. Portraying adult as a minor as prescribed in section 13-3555.

37. Admitting minors to public displays of sexual conduct as prescribed in section 13-3558.

38. Any felony offense involving contributing to the delinquency of a minor.

39. Unlawful sale or purchase of children.

40. Child bigamy.

41. Any felony offense involving domestic violence as defined in section 13-3601 except for a felony offense only involving criminal damage in an amount of more than $250 but less than $1,000 if the offense was committed before June 29, 2009.

42. Any felony offense in violation of title 13, chapter 12 if committed within five years before the date of applying for a level I fingerprint clearance card.

43. Felony drug or alcohol related offenses if committed within five years before the date of applying for a level I fingerprint clearance card.

44. Felony indecent exposure.

45. Felony public sexual indecency.

46. Terrorism.

47. Any offense involving a violent crime as defined in section 13-901.03.

48. Trafficking of persons for forced labor or services.

C. A person who is awaiting trial on or who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit one or more of the following offenses in this state or the same or similar offenses in another state or jurisdiction is precluded from receiving a level I fingerprint clearance card, except that the person may petition the board of fingerprinting for a good cause exception pursuant to section 41-619.55:

1. Any misdemeanor offense in violation of title 13, chapter 12.

2. Misdemeanor indecent exposure.

3. Misdemeanor public sexual indecency.

4. Aggravated criminal damage.

5. Theft.

6. Theft by extortion.

7. Shoplifting.

8. Forgery.

9. Criminal possession of a forgery device.

10. Obtaining a signature by deception.

11. Criminal impersonation.

12. Theft of a credit card or obtaining a credit card by fraudulent means.

13. Receipt of anything of value obtained by fraudulent use of a credit card.

14. Forgery of a credit card.

15. Fraudulent use of a credit card.

16. Possession of any machinery, plate or other contrivance or incomplete credit card.

17. False statement as to financial condition or identity to obtain a credit card.

18. Fraud by persons authorized to provide goods or services.

19. Credit card transaction record theft.

20. Misconduct involving weapons.

21. Misconduct involving explosives.

22. Depositing explosives.

23. Misconduct involving simulated explosive devices.

24. Concealed weapon violation.

25. Misdemeanor possession and misdemeanor sale of peyote.

26. Felony possession and felony sale of peyote if committed more than five years before the date of applying for a level I fingerprint clearance card.

27. Misdemeanor possession and misdemeanor sale of a vapor-releasing substance containing a toxic substance.

28. Felony possession and felony sale of a vapor-releasing substance containing a toxic substance if committed more than five years before the date of applying for a level I fingerprint clearance card.

29. Misdemeanor sale of precursor chemicals.

30. Felony sale of precursor chemicals if committed more than five years before the date of applying for a level I fingerprint clearance card.

31. Misdemeanor possession, misdemeanor use or misdemeanor sale of marijuana, dangerous drugs or narcotic drugs.

32. Felony possession, felony use or felony sale of marijuana, dangerous drugs or narcotic drugs if committed more than five years before the date of applying for a level I fingerprint clearance card.

33. Misdemeanor manufacture or misdemeanor distribution of an imitation controlled substance.

34. Felony manufacture or felony distribution of an imitation controlled substance if committed more than five years before the date of applying for a level I fingerprint clearance card.

35. Misdemeanor manufacture or misdemeanor distribution of an imitation prescription-only drug.

36. Felony manufacture or felony distribution of an imitation prescription-only drug if committed more than five years before the date of applying for a level I fingerprint clearance card.

37. Misdemeanor manufacture or misdemeanor distribution of an imitation over-the-counter drug.

38. Felony manufacture or felony distribution of an imitation over-the-counter drug if committed more than five years before the date of applying for a level I fingerprint clearance card.

39. Misdemeanor possession or misdemeanor possession with intent to use an imitation controlled substance.

40. Felony possession or felony possession with intent to use an imitation controlled substance if committed more than five years before the date of applying for a level I fingerprint clearance card.

41. Misdemeanor possession or misdemeanor possession with intent to use an imitation prescription-only drug.

42. Felony possession or felony possession with intent to use an imitation prescription-only drug if committed more than five years before the date of applying for a level I fingerprint clearance card.

43. Misdemeanor possession or misdemeanor possession with intent to use an imitation over-the-counter drug.

44. Felony possession or felony possession with intent to use an imitation over-the-counter drug if committed more than five years before the date of applying for a level I fingerprint clearance card.

45. Misdemeanor manufacture of certain substances and drugs by certain means.

46. Felony manufacture of certain substances and drugs by certain means if committed more than five years before the date of applying for a level I fingerprint clearance card.

47. Adding poison or other harmful substance to food, drink or medicine.

48. A criminal offense involving criminal trespass under title 13, chapter 15.

49. A criminal offense involving burglary under title 13, chapter 15.

50. A criminal offense under title 13, chapter 23, except terrorism.

51. Misdemeanor offenses involving child neglect.

52. Misdemeanor offenses involving contributing to the delinquency of a minor.

53. Misdemeanor offenses involving domestic violence as defined in section 13-3601.

54. Felony offenses involving domestic violence if the offense only involved criminal damage in an amount of more than $250 but less than $1,000 and the offense was committed before June 29, 2009.

55. Arson.

56. Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs if committed more than five years before the date of applying for a level I fingerprint clearance card.

57. Criminal damage.

58. Misappropriation of charter school monies as prescribed in section 13-1818.

59. Taking identity of another person or entity.

60. Aggravated taking identity of another person or entity.

61. Trafficking in the identity of another person or entity.

62. Cruelty to animals.

63. Prostitution as prescribed in section 13-3214.

64. Sale or distribution of material harmful to minors through vending machines as prescribed in section 13-3513.

65. Welfare fraud.

66. Any felony offense in violation of title 13, chapter 12 if committed more than five years before the date of applying for a level I fingerprint clearance card.

67. Kidnapping.

68. Robbery, aggravated robbery or armed robbery.

D. A person who is awaiting trial on or who has been convicted of committing or attempting to commit a misdemeanor violation of section 28-1381, 28-1382 or 28-1383 in this state or the same or a similar offense in another state or jurisdiction within five years after the date of applying for a level I fingerprint clearance card is precluded from driving any vehicle to transport employees or clients of the employing agency as part of the person's employment. The division shall place a notation on the level I fingerprint clearance card that indicates this driving restriction. This subsection does not preclude a person from driving a vehicle alone as part of the person's employment.

E. Notwithstanding subsection C of this section, on receiving written notice from the board of fingerprinting that a good cause exception was granted pursuant to section 41-619.55, the division shall issue a level I fingerprint clearance card to the applicant.

F. If the division denies a person's application for a level I fingerprint clearance card pursuant to subsection C of this section and a good cause exception is requested pursuant to section 41-619.55, the division shall release, on request by the board of fingerprinting, the person's criminal history record to the board of fingerprinting.

G. A person shall be granted a level I fingerprint clearance card pursuant to this section if either of the following applies:

1. An agency granted a good cause exception before August 16, 1999 and no new precluding offense is identified. The fingerprint clearance card shall specify only the program that granted the good cause exception.  On the request of the applicant, the agency that granted the prior good cause exception shall notify the division in writing of the date on which the prior good cause exception was granted, the date of the conviction and the name of the offense for which the good cause exception was granted.

2. The board granted a good cause exception and no new precluding offense is identified.

H. The licensee or contract provider shall assume the costs of fingerprint checks conducted pursuant to this section and may charge these costs to persons who are required to be fingerprinted.

I. A person who is under eighteen years of age or who is at least ninety-nine years of age is exempt from the level I fingerprint clearance card requirements of this section.  At all times the person shall be under the direct visual supervision of personnel who have valid level I fingerprint clearance cards.

J. The division may conduct criminal history records checks through state and federal rap back services pursuant to section 41-1750, subsection G for the purpose of updating the clearance status of current level I fingerprint clearance cardholders pursuant to this section and may notify the employing or licensing agency of the results of the records check.  If the division suspends a person's fingerprint clearance card and the person requests a good cause exception pursuant to section 41-619.55, the division shall release, on request by the board of fingerprinting, the person's criminal history record to the board of fingerprinting.

K. The division shall revoke a person's level I fingerprint clearance card on receipt of a written request for revocation from the board of fingerprinting pursuant to section 41-619.55.

L. If a person's criminal history record contains an offense listed in subsection B or C of this section and the final disposition is not recorded on the record, the division shall conduct research to obtain the disposition within thirty business days after receipt of the record. If the division cannot determine, within thirty business days after receipt of the person's state and federal criminal history record information, whether the person is awaiting trial on or has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit any of the offenses listed in subsection B or C of this section in this state or the same or a similar offense in another state or jurisdiction, the division shall not issue a level I fingerprint clearance card to the person. If the division is unable to make the determination required by this subsection and does not issue a level I fingerprint clearance card to a person, the person may request a good cause exception pursuant to section 41-619.55.

M. If after conducting a state and federal criminal history records check the division determines that it is not authorized to issue a level I fingerprint clearance card to an applicant, the division shall notify the agency that the division is not authorized to issue a level I fingerprint clearance card. This 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.

N. The division is not liable for damages resulting from:

1. The issuance of a level I fingerprint clearance card to an applicant who is later found to have been ineligible to receive a level I fingerprint clearance card at the time the card was issued.

2. The denial of a level I fingerprint clearance card to an applicant who is later found to have been eligible to receive a level I fingerprint clearance card at the time issuance of the card was denied.

O. Notwithstanding any law to the contrary, an individual may apply for and receive a level I fingerprint clearance card pursuant to this section to satisfy a requirement that the person have a valid fingerprint clearance card issued pursuant to section 41-1758.03.

P. Notwithstanding any law to the contrary, except as prescribed pursuant to subsection Q of this section, an individual who receives a level I fingerprint clearance card pursuant to this section also satisfies a requirement that the individual have a valid fingerprint clearance card issued pursuant to section 41-1758.03.

Q. Unless a cardholder commits an offense listed in subsection B or C of this section after June 29, 2009, a fingerprint clearance card issued pursuant to section 41-1758.03 before June 29, 2009 and its renewals are valid for all requirements for a level I fingerprint clearance card except those relating to the requirements of section 8-105 or 8-509. A fingerprint clearance card issued before June 29, 2009 to meet the requirements of section 8-105 or 8-509 and its renewals are valid after June 29, 2009 to meet all requirements for a level I fingerprint clearance card, including the requirements of section 8-105 or 8-509, if the cardholder has been certified by the court to adopt or has been issued a foster home license before June 29, 2009.

R. The issuance of a level I fingerprint clearance card does not entitle a person to employment.

S. For the purposes of this section:

1. "Person" means a person who is fingerprinted pursuant to:

(a) Section 3-314, 8-105, 8-463, 8-509, 8-802, 17-215, 36-207, 36-594.01, 36-594.02, 36-882, 36-883.02, 36-897.01, 36-897.03, 36-1940, 36-1940.01, 36-2819, 36-2855, 41-619.52, 41-619.53, 41-1964, 41-1967.01, 41-1968, 41-1969 or 46-141.

(b) Subsection O of this section.

2. "Renewal" means the issuance of a fingerprint clearance card to an existing fingerprint clearance cardholder who applies before the person's existing fingerprint clearance card expires.
A.R.S. § 41-702 — Arizona Code / Title 41 / Chapter 4 / Article 1 / Section 702
41-702 Deputy director; department organization; assistant directors; compensation of officers
Status: in_force

41-702. Deputy director; department organization; assistant directors; compensation of officers

A. The director with the approval of the governor shall appoint a deputy director of the department. The deputy director serves at the pleasure of the director and shall assist the director in administering the department by performing the duties and responsibilities that the director prescribes.

B. The director may establish, abolish or reorganize the positions or organizational units within the department, subject to legislative appropriation, if in the director's judgment such modification of organization would make the operation of the department more efficient, effective or economical.

C. The director, with approval of the governor, shall appoint an assistant director qualified to head each division, and each assistant director shall serve at the pleasure of the director. Each assistant director is responsible for the functions performed by the assistant director's division.

D. The director, deputy director and assistant directors are eligible to receive compensation pursuant to section 38-611.
A.R.S. § 41-3026.04 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3026.04
41-3026.04 Department of gaming; termination July 1, 2026
Status: repealed

41-3026.04. Department of gaming; termination July 1, 2026

A. The department of gaming terminates on July 1, 2026.

B. Sections 5-601, 5-602, 5-602.01, 5-603, 5-604 and this section are repealed on January 1, 2027.
A.R.S. § 41-2410 — Arizona Code / Title 41 / Chapter 21 / Article 1 / Section 2410
41-2410 State aid for juvenile dependency proceedings fund; exemption
Status: in_force

41-2410. State aid for juvenile dependency proceedings fund; exemption

A. The state aid for juvenile dependency proceedings fund is established consisting of legislative appropriations.  Monies in the fund shall be used to provide state aid to county public defenders, legal defenders and contract indigent defense counsel for the processing of juvenile dependency cases.

B. The Arizona criminal justice commission 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. The commission shall distribute monies in the fund to each county pursuant to section 41-2409, subsection E.

C. On notice from the commission, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investments shall be credited to the fund.
A.R.S. § 41-1717 — Arizona Code / Title 41 / Chapter 12 / Article 2 / Section 1717
41-1717 Reserve; badge of authority
Status: in_force

41-1717. Reserve; badge of authority

A. The director shall issue to each member of the reserve a badge of authority to be used by the members of the reserve for activities authorized by the director. The badge shall be of such design as the director may determine, but shall bear the word "reserve" across the face thereof.

B. A member of the reserve performing activities authorized by the director for an employer is not a state employee for any purpose, including workers' compensation benefits under section 41-1718. An entity employing a reserve officer to perform activities authorized by the director shall file a statement with the department that the employee is the agent of the employer and not the state of Arizona.
A.R.S. § 41-1003 — Arizona Code / Title 41 / Chapter 6 / Article 1 / Section 1003
41-1003 Required rule making
Status: in_force

41-1003. Required rule making

Each agency shall make rules of practice setting forth the nature and requirements of all formal procedures available to the public.
A.R.S. § 41-111 — Arizona Code / Title 41 / Chapter 1 / Article 1 / Section 111
41-111 Inauguration expenses; donations; promotional fund account; exemption
Status: in_force

41-111. Inauguration expenses; donations; promotional fund account; exemption

A. The governor or governor-elect shall deposit in a state promotional fund account established pursuant to section 41-1105 all monies raised or received for the purpose of paying the costs of that governor's inauguration events and shall pay those costs with monies from the state promotional fund account.

B. An individual or entity may donate monies, services or other things of value for the purposes of paying the costs of gubernatorial inauguration events not to exceed an aggregate of $25,000. For the purposes of aggregating donations, any donations of monies, services or other things of value that are made by an entity that is a controlled business as defined in section 38-541 shall be aggregated with the individual donor's donations.

C. Monies, services or other things of value that are lawfully donated pursuant to this section are not contributions for the purposes of title 16, chapter 6.
A.R.S. § 41-151.09 — Arizona Code / Title 41 / Chapter 1 / Article 2.1 / Section 151.09
41-151.09 Depository of official archives
Status: in_force

41-151.09. Depository of official archives

A. The state library is the central depository of all official books, records and documents, including electronic records, not in current use of the various state officers and departments of this state and the counties, cities and towns. These materials constitute the state archives. The state archives shall be carefully kept and preserved, classified, catalogued and made available for inspection under rules the director adopts.

B. State officers in possession of official state or territorial archives shall deposit those archives with the state library.

C. Any county, municipal or other public official shall retain or deposit with the state library for permanent preservation pursuant to section 39-101 official books, records, documents and original papers not in current use.  The clerk of the superior court shall deposit and the state library shall preserve all permanent superior court case files pursuant to court rules.

D. The state library shall make birth and death records held in the state library archives available for inspection as follows:

1. Birth records if seventy-five years have passed after the date of birth as recorded on the birth certificate.

2. Death records if fifty years have passed after the date of death.
A.R.S. § 41-867 — Arizona Code / Title 41 / Chapter 4.2 / Article 1 / Section 867
41-867 Arizona dude ranch heritage trail program; Arizona heritage ranch designation; plaque; Arizona heritage trail; historical marker
Status: in_force

41-867. Arizona dude ranch heritage trail program; Arizona heritage ranch designation; plaque; Arizona heritage trail; historical marker

A. The Arizona dude ranch heritage trail program is established in the Arizona state parks board to serve as a guide to working dude ranches in this state.

B. The Arizona state parks board shall designate a dude ranch for inclusion in the Arizona dude ranch heritage trail program if all of the following apply:

1. The owner of the dude ranch applies to the Arizona state parks board in a manner determined by the Arizona state parks board.

2. The dude ranch has been in business for at least twenty-five years.

3. The dude ranch consists of at least one thousand contiguous acres that are any of the following:

(a) Private property adjacent to the headquarters.

(b) Leased property adjacent to the headquarters. For the purposes of this subdivision, the lease agreement may be for private or public real property and must be in writing and include riding rights.

(c) Public land that is subject to a riding permit.

4. The dude ranch provides recreational activities that include horseback riding, hiking, biking or a working cattle ranch experience for guests.

5. The dude ranch has an organized and supervised horse program on the property with a horse herd that consists of a number of horses that is equal to or greater than the total number of guest accommodations during the operating season in which guests are present.

6. The dude ranch uses at least one permanent structure that has running water, sewage disposal and a kitchen.

7. The dude ranch provides guests with three meals each day as part of the dude ranch's primary package, commonly referred to as the "American plan".

8. The dude ranch includes the word "ranch" or "rancho" in the ranch's name.

C. The Arizona state parks board shall make a determination on the designation within thirty days after receiving an application pursuant to this section.

D. The Arizona state parks board in cooperation with the largest dude ranch or guest ranch association in this state shall develop indicia and signage that ranches may use to identify and promote the Arizona heritage ranch designation. The applicant shall pay for the cost of designing and creating the plaque.

E. The Arizona state parks board shall allow additions or modifications to a dude ranch with designation as an Arizona heritage ranch if the original character of the dude ranch is preserved.

F. The Arizona dude ranch heritage trail shall consist of dude ranches that are designated as an Arizona heritage ranch pursuant to this section.

G. At the request of a dude ranch that is designated for inclusion in the Arizona dude ranch heritage trail program pursuant to subsection B of this section, the Arizona historical society, in cooperation with the Arizona state parks board and the largest dude ranch or guest ranch association in this state, shall issue a historical marker for the dude ranch within two years after the request.
A.R.S. § 41-2504 — Arizona Code / Title 41 / Chapter 23 / Article 1 / Section 2504
41-2504 Supplementary general principles of law applicable
Status: in_force

41-2504. Supplementary general principles of law applicable

Unless displaced by the particular provisions of this chapter, the principles of law and equity, including the uniform commercial code of this state, the common law of contracts as applied in this state and law relative to agency, fraud, misrepresentation, duress, coercion and mistake supplement the provisions of this chapter.
A.R.S. § 41-866 — Arizona Code / Title 41 / Chapter 4.2 / Article 1 / Section 866
41-866 Acquisition and preservation fund
Status: in_force

41-866. Acquisition and preservation fund

A. An acquisition and preservation fund is established consisting of monies received from fines and forfeitures of proceeds imposed pursuant to section 41-865, subsections G and H and from grants and private donations.

B. The director of the Arizona state museum shall administer the fund. On notice from the director, 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. The director shall expend monies in the fund to defray the costs of the acquisition of real property that contains human remains and funerary objects and the costs of the removal, reburial, repatriation and preservation of human remains and funerary objects.

D. Monies in the fund are exempt from the provisions of section 35-190, relating to lapsing of appropriations.
A.R.S. § 41-1491.13 — Arizona Code / Title 41 / Chapter 9 / Article 7 / Section 1491.13
41-1491.13 Referral to city or town
Status: in_force

41-1491.13. Referral to city or town

A. The attorney general may defer proceedings under this article and refer a complaint to a city or town with a population of three hundred fifty thousand or more persons according to the 1990 United States decennial census that has been recognized by the United States department of housing and urban development as having adopted ordinances providing fair housing rights and remedies that are substantially equivalent to those granted under federal law and this article and that has entered into an intergovernmental agreement with the attorney general.

B. For a city or town with a population of three hundred fifty thousand or more persons according to the 1990 United States decennial census to be eligible to implement the provisions of this article it shall adopt a fair housing ordinance by January 1, 1995.

C. If the substantial equivalency status is revoked or decertified by the United States department of housing and urban development, the attorney general shall assume sole responsibility for the implementation and enforcement of this article.
A.R.S. § 41-1604.03 — Arizona Code / Title 41 / Chapter 11 / Article 1 / Section 1604.03
41-1604.03 Special services fund; uses; report
Status: in_force

41-1604.03. Special services fund; uses; report

A. The special services fund is established in the state department of corrections. The department shall administer the fund.

B. The director shall transfer five hundred thousand dollars from the special services fund annually to the department of corrections building renewal fund established by section 41-797. Any remaining monies in the special services fund may be used for the following purposes:

1. The benefit, education and welfare of committed offenders.

2. To pay the costs of implementing, operating and maintaining technologies and programs for inmate use. Revenues that are generated by the inmate use of technology, including telephone systems, kiosks and tablets, shall be deposited in the special services fund.

C. On or before August 1 of each year, the department shall submit to the president of the senate and the speaker of the house of representatives a report that contains a full and complete account of special services fund transactions for the preceding fiscal year.
A.R.S. § 41-734 — Arizona Code / Title 41 / Chapter 4 / Article 3 / Section 734
41-734 Preservation of accounts; copies; fees
Status: in_force

41-734. Preservation of accounts; copies; fees

All accounts, vouchers, warrants, claims and supporting documents shall be preserved by the department pursuant to section 41-151.14 and copies of these documents shall be given to any person who applies for them and who tenders the fees as prescribed by the director.
A.R.S. § 41-1514.02 — Arizona Code / Title 41 / Chapter 10 / Article 1 / Section 1514.02
41-1514.02 Environmental technology assistance; definitions
Status: in_force

41-1514.02. Environmental technology assistance; definitions

A. On July 1, 2011, the Arizona commerce authority succeeds to the remaining functions and responsibilities formerly performed by the department of commerce under this section.  Any reference to department in this section is considered to refer to the Arizona commerce authority.

B. The department of commerce shall establish and conduct an environmental technology assistance program to promote business and economic development by recruiting and expanding companies that manufacture, produce or process solar and other renewable energy products or products from recycled materials under the conditions prescribed by this section. The department shall:

1. Assist qualified environmental technology manufacturers, producers or processors in locating or expanding facilities in this state.

2. Encourage the use of environmental technology products.

3. Encourage the development of an environmental technology industry in this state.

C. Until June 30, 1996, the department of commerce shall identify and certify to the department of revenue the names and relevant information relating to the facilities of qualified environmental technology manufacturers, producers and processors for purposes of available tax incentives. The department of commerce may revoke the certification for failure to qualify and comply with the terms and conditions prescribed by this section and shall immediately notify the department of revenue of a revocation. The department of revenue may also revoke the certification if it obtains information indicating a failure to qualify and comply. If the department of revenue proposes to revoke the certification of an environmental technology manufacturer, producer or processor, it shall afford that person the rights of appeal as provided in title 42, chapter 1, article 6. The department of commerce shall not certify any new qualified environmental technology manufacturers, producers or processors for the purposes of this section after June 30, 1996. To obtain and maintain certification, an environmental technology manufacturer, producer or processor must:

1. Apply to the department of commerce.

2. Submit and retain copies of all required information including information relating to the actual or projected number of employees at qualified environmental technology facilities in this state and the actual or projected annual capital investment in those facilities.

3. Allow such inspections and audits as are necessary to verify the accuracy of the submitted information.

4. On initial application, submit to the department of commerce the information required by section 49-109, subsection B in the manner prescribed in section 49-109, subsection C or the information required by section 49-109, subsection G, as applicable. The department of commerce shall consider the information submitted pursuant to this paragraph in its determination of certification and may deny certification if after consultation with the department of environmental quality serious, substantial and continuing violations of federal or state environmental laws are found.

D. Within sixty days after receipt of a complete application and all information required, as prescribed by the department of commerce, the department of commerce shall grant or deny certification and give written notice by certified mail to the applicant. The applicant is certified as a qualified environmental technology manufacturer, producer or processor on the date the notice of certification is delivered to the applicant.

E. To qualify for assistance under this section, an environmental technology manufacturer, producer or processor must meet the following requirements:

1. A manufacturer, producer or processor that is certified not later than July 1, 1995 by the department of commerce pursuant to this section, shall not import hazardous waste, as defined in section 49-921 as of July 1, 1993, or special waste, as defined in section 49-851 as of July 1, 1993, into this state from another state or country. Any other manufacturer, producer or processor that is certified by the department of commerce pursuant to this section, after July 1, 1995, shall not as of the date of certification import hazardous waste, as defined in section 49-921, and as interpreted by federal and state regulations or special waste, as defined in section 49-851, into this state from another state or country. This paragraph does not apply to any environmental technology manufacturer, producer or processor, or facilities and their subsequent expansions and replacements that, as of July 1, 1993, hold a storage or treatment facility permit issued by the department of environmental quality pursuant to 40 Code of Federal Regulations section 270.10 or has obtained plan approval from the department of environmental quality pursuant to section 49-762, that specifically authorizes the acceptance of special waste, for an existing or proposed recycling operation, or import hazardous or special wastes for recycling purposes.

2. The manufacturer, producer or processor shall locate or make an additional capital investment in a facility in this state that:

(a) Is either owned by a qualified environmental technology manufacturer, producer or processor, or leased by a qualified environmental technology manufacturer, producer or processor for a term of five or more years.

(b) Is used predominantly to do any of the following:

(i) Sort, store, prepare, convert, fabricate, manufacture or otherwise process finished products consisting of at least ninety percent recycled materials.

(ii) Prepare, fabricate, manufacture or otherwise process finished products that are powered exclusively with solar or other specific renewable energy.

(iii) Prepare, fabricate, manufacture or otherwise process raw material or intermediate product exclusively through a hydrometallurgical process where at least eighty-five percent of the process solution used to produce the finished product is recycled on site for additional production.

(iv) Fabricate or manufacture finished paper products that consist of at least eighty percent recycled material.

(v) Process biomass into forestry industry products.

(c) Costs, or is expected to cost, an aggregate of at least $20,000,000 of new capital investment in this state within five years after construction begins or commencement of installation of improvements.

F. Certification and qualification by an environmental technology manufacturer, producer or processor for purposes of this section does not constitute compliance with any provision of title 49 or any rule, order, procedure, permit or other regulatory measure required pursuant to title 49. An environmental technology manufacturer, producer or processor shall comply with all applicable environmental requirements of the department of environmental quality separately and independently from qualifying for assistance under this section. For purposes of complying with title 49, all definitions in that title and those adopted in rules pursuant to that title shall be applicable.

G. To qualify for tax incentives the taxpayer shall:

1. Agree with the department of commerce in writing to furnish information relating to the amount of tax benefits the taxpayer receives each year. If the taxpayer fails to provide the required information, the department of commerce shall immediately revoke the taxpayer's qualification and notify the department of revenue.

2. Enter into a memorandum of understanding with this state through the department of commerce containing employment goals. Each year the taxpayer shall report in writing to the department of commerce its performance in achieving the goals. The memorandum shall contain provisions that allow:

(a) The department of commerce to stop, readjust or recapture all or part of the tax incentives provided to the taxpayer on noncompliance with the terms of the memorandum.

(b) The department of commerce to notify the department of revenue of the conditions of noncompliance.

(c) The department of revenue to require the taxpayer to file appropriate amended tax returns reflecting the recapture of the tax incentives.

H. A manufacturer, producer or processor who is certified by the department of commerce to qualify for assistance under this section shall not have the certification revoked and shall not be disqualified because of the adoption after certification of a rule or a federal regulation relating to the requirements under subsection E of this section.

I. Retroactive to July 1, 1996, the certification of a qualified environmental technology manufacturer, producer or processor may be assigned or transferred to one or more successor taxpayers, manufacturers, producers or processors that have acquired and continue to operate a facility that was used to meet the qualifications prescribed in subsection E of this section and that continues to be used predominantly for the purposes prescribed in subsection E, paragraph 2, subdivision (b) of this section.

J. For purposes of this section:

1. "Environmental technology" means solar and other renewable energy products or recycled materials.

2. "Facility" includes a single facility, a combination of facilities, land, improvements, building improvements, real and personal property used for environmental protection facilities as defined in section 42-14154, property used to generate on-site power or energy and machinery and equipment.

3. "Finished paper product" means a paper item or commodity or one of its components, including newsprint, paper napkins, paper towels, corrugated paper and related cellulosic products, that contains not more than ten percent noncellulosic material such as laminates, binders or saturants, that has economic value to a consumer or purchaser and that is ready to be used with or without further altering its form.

4. "Finished product" means a marketable product or component of a product that has economic value to a consumer or purchaser and that is ready to be used with or without further altering its form.

5. "Hydrometallurgical processing" includes facilities used exclusively for solvent extraction electrowinning, hydrometallurgical recovery, precipitation and refining, but does not include smelters, open pit and underground mines, and concentrator processes.

6. "Machinery and equipment" means machinery and equipment that are directly or indirectly used to do any of the following:

(a) Sort, store, prepare, convert, fabricate, manufacture or otherwise process finished products consisting of at least ninety percent recycled materials, including all machinery and equipment designed and used for environmental protection on site as well as all machinery and equipment used to generate power or energy for use on site.

(b) Prepare, fabricate, manufacture or otherwise process finished products that are powered exclusively with solar or other specific renewable energy.

(c) Prepare, fabricate, manufacture or otherwise process raw material or intermediate product exclusively through a hydrometallurgical process where at least eighty-five percent of the process solution used to produce the finished product is recycled on site for additional production.

(d) Fabricate or manufacture finished paper products that consist of at least eighty percent recycled materials, including all machinery and equipment that is designed and used for environmental protection on site and machinery and equipment that is used to generate power or energy for use on site.

7. "Process solution" means solution that is required throughout the hydrometallurgical process and from which the finished product is extracted.

8. "Qualified environmental technology manufacturer, producer or processor" or "qualified environmental technology facility" means an entity that for purposes of titles 42 and 43 meets the qualifications prescribed in subsection E of this section and is certified by the department of commerce pursuant to subsection C of this section.

9. "Recycled materials" means materials that have been separated, recovered or diverted from the solid waste stream and processed and returned to the economic stream in the form of raw materials or finished products. Recycled materials include work in process by the environmental technology manufacturing, producing or processing company that is composed of at least ninety percent recycled materials and that will be further processed into a finished product.

10. "Renewable energy" means energy that is supplied from sources that are continually replenished from the sun, the earth or the waste stream, including hydroelectric, solar-thermal, photovoltaic, biomass, wind and geothermal processes.

11. "Solid waste" means any garbage, trash, rubbish, refuse, sludge from a waste treatment plant, water supply treatment plant or pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, agricultural, silvicultural and commercial operations and from community activities, but not including domestic sewage or hazardous waste unless such waste is received by an environmental technology manufacturer, producer or processor that holds a storage facility permit issued by the department of environmental quality pursuant to 40 Code of Federal Regulations section 270.10 as of July 1, 1993.
A.R.S. § 41-1463 — Arizona Code / Title 41 / Chapter 9 / Article 4 / Section 1463
41-1463 Discrimination; unlawful practices; definition
Status: in_force

41-1463. Discrimination; unlawful practices; definition

A. Nothing contained in this article shall be interpreted to require that the less qualified be preferred over the better qualified simply because of race, color, religion, sex, age or national origin or on the basis of disability.

B. It is an unlawful employment practice for an employer:

1. To fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to the individual's compensation, terms, conditions or privileges of employment because of the individual's race, color, religion, sex, age or national origin or on the basis of disability.

2. To limit, segregate or classify employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual's status as an employee, because of the individual's race, color, religion, sex, age or national origin or on the basis of disability.

3. To fail or refuse to hire, to discharge or to otherwise discriminate against any individual based on the results of a genetic test received by the employer, notwithstanding subsection J, paragraph 2 of this section.

C. It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment or otherwise to discriminate against any individual because of the individual's race, color, religion, sex, age or national origin or on the basis of disability or to classify or refer for employment any individual on the basis of the individual's race, color, religion, sex, age or national origin or on the basis of disability.

D. It is an unlawful employment practice for a labor organization:

1. To exclude or to expel from its membership or otherwise to discriminate against any individual because of the individual's race, color, religion, sex, age or national origin or on the basis of disability.

2. To limit, segregate or classify its membership or applicants for membership or to classify or fail or refuse to refer for employment any individual in any way that would deprive or tend to deprive the individual of employment opportunities or would limit those employment opportunities or otherwise adversely affect the individual's status as an employee or as an applicant for employment because of the individual's race, color, religion, sex, age or national origin or on the basis of disability.

3. To cause or attempt to cause an employer to discriminate against an individual in violation of this section.

E. It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs, including on-the-job training programs, to discriminate against any individual because of the individual's race, color, religion, sex, age or national origin or on the basis of disability in admission to or employment in any program established to provide apprenticeship or other training and, if the individual is an otherwise qualified individual, to fail or refuse to reasonably accommodate the individual's disability.

F. With respect to a qualified individual, it is an unlawful employment practice for a covered entity to:

1. Participate in any contractual or other arrangement or relationship that has the effect of subjecting a qualified individual who applies with or who is employed by the covered entity to unlawful employment discrimination on the basis of disability.

2. Use standards, criteria or methods of administration that have the effect of discriminating on the basis of disability or that perpetuate the discrimination of others who are subject to common administrative control.

3. Exclude or otherwise deny equal jobs or benefits to an individual qualified for the job or benefits because of the known disability of an individual with whom the individual qualified for the job or benefits is known to have a relationship or association.

4. Not make reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual who is an applicant or employee unless the covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the covered entity or the individual only meets the definition of disability as prescribed in section 41-1461, paragraph 5, subdivision (c).

5. Deny employment opportunities to a job applicant or employee who is an otherwise qualified individual if the denial is based on the need of the covered entity to make reasonable accommodation to the physical or mental impairment of the applicant or employee.

6. Use qualification standards, employment tests or other selection criteria, including those based on an individual's uncorrected vision, that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities, unless the standard, test or other selection criteria, as used by the covered entity, is shown to be job related for the position in question and is consistent with business necessity.

7. Fail to select and administer tests relating to employment in the most effective manner to ensure that, when the test is administered to a job applicant or employee who has a disability that impairs sensory, manual or speaking skills, the test results accurately reflect the skills or aptitude or whatever other factor of the applicant or employee that the test purports to measure, rather than reflecting the impaired sensory, manual or speaking skills of the applicant or employee, except if the skills are the factors that the test purports to measure.

G. Women who are affected by pregnancy or childbirth or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and subsection J, paragraph 3 of this section may not be interpreted to allow otherwise.

H. Notwithstanding any other provision of this article, it is not an unlawful employment practice:

1. For an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify its membership or classify or refer for employment any individual or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of the individual's religion, sex or national origin in those certain instances when religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.

2. For any school, college, university or other educational institution or institution of learning to hire and employ employees of a particular religion if the school, college, university or other educational institution or institution of learning is in whole or in substantial part owned, supported, controlled or managed by a particular religion or religious corporation, association or society, or if the curriculum of the school, college, university or other educational institution or institution of learning is directed toward the propagation of a particular religion.

3. For an employer to fail or refuse to hire or employ any individual for any position, for an employment agency to fail or refuse to refer any individual for employment in any position or for a labor organization to fail or refuse to refer any individual for employment in any position, if both of the following apply:

(a) The occupancy of the position or access to the premises in or on which any part of the duties of the position are performed or are to be performed is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any executive order of the president of the United States.

(b) The individual has not fulfilled or has ceased to fulfill that requirement.

4. With respect to age, for an employer, employment agency or labor organization:

(a) To take any action otherwise prohibited under subsection B, C or D of this section if age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or if the differentiation is based on reasonable factors other than age.

(b) To observe the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension, deferred compensation or insurance plan, which is not a subterfuge to evade the purposes of the age discrimination provisions of this article, except that no employee benefit plan may excuse the failure to hire any individual and no seniority system or employee benefit plan may require or allow the involuntary retirement of any individual specified by section 41-1465 because of the individual's age.

(c) To discharge or otherwise discipline an individual for good cause.

I. For the purposes of this article, unlawful employment practice does not include any action or measure taken by an employer, labor organization, joint labor-management committee or employment agency with respect to an individual who is a member of the communist party of the United States or of any other organization required to register as a communist-action or communist-front organization by final order of the subversive activities control board pursuant to the subversive activities control act of 1950.

J. Notwithstanding any other provision of this article, it is not an unlawful employment practice:

1. For an employer to apply different standards of compensation or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system or a system that measures earnings by quantity or quality of production or to employees who work in different locations, if these differences are not the result of an intention to discriminate because of race, color, religion, sex or national origin.

2. For an employer to give and act on the results of any professionally developed ability test if the test, its administration or action on the results is not designed, intended or used to discriminate because of race, color, religion, sex or national origin.

3. For any employer to differentiate on the basis of sex or disability in determining the amount of the wages or compensation paid or to be paid to employees of the employer if the differentiation is authorized by the provisions of section 6(d) or section 14 of the fair labor standards act of 1938, as amended (29 United States Code section 206(d)).

K. Nothing contained in this chapter applies to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of the business or enterprise under which a preferential treatment is given to any individual because the individual is an Indian living on or near a reservation.

L. Nothing contained in this article or article 6 of this chapter requires any employer, employment agency, labor organization or joint labor-management committee subject to this article to grant preferential treatment to any individual or group because of the race, color, religion, sex or national origin of the individual or group on account of an imbalance that may exist with respect to the total number or percentage of persons of any race, color, religion, sex or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization or admitted to or employed in any apprenticeship or other training program, in comparison with the total number or percentage of persons of that race, color, religion, sex or national origin in any community, state, section or other area, or in the available workforce in any community, state, section or other area.

M. The age discrimination prohibitions of this article may not be construed to prohibit compulsory retirement of any employee who has attained sixty-five years of age and who, for the two year period immediately before retirement, is employed in a bona fide executive or high policymaking position, if the employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit sharing, savings or deferred compensation plan or any combination of plans of the employer for the employee, that equals, in the aggregate, at least $44,000.  In applying the retirement benefit test of this subsection, if any retirement benefit is in a form other than a straight life annuity, with no ancillary benefits, or if employees contribute to the plan or make rollover contributions, the benefit shall be adjusted in accordance with rules adopted by the division so the benefit is the equivalent of a straight life annuity, with no ancillary benefits, under a plan to which employees do not contribute and under which no rollover contributions are made.

N. A covered entity may require that an individual with a disability shall not pose a direct threat to the health or safety of other individuals in the workplace.  For the purposes of this subsection, "direct threat" means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.

O. This article does not alter the standards for determining eligibility for benefits under this state's workers' compensation laws or under state and federal disability benefit programs.

P. For the purposes of this section and section 41-1481, with respect to employers or employment practices involving a disability, "individual" means a qualified individual.