A.R.S. § 41-2543 — Arizona Code / Title 41 / Chapter 23 / Article 3 / Section 2543
41-2543 Cost or pricing data
Status: in_force

41-2543. Cost or pricing data

A. The submission of current cost or pricing data may be required in connection with an award in situations in which analysis of the proposed price is essential to determine that the price is reasonable and fair.  A contractor shall, except as provided in subsection C, submit current cost or pricing data and shall certify that, to the best of the contractor's knowledge and belief, the cost or pricing data submitted was accurate, complete and current as of a mutually determined specified date before the date of either:

1. The pricing of any contract awarded by competitive sealed proposals or pursuant to the sole source procurement authority, if the total contract price is expected to exceed an amount established by department rules.

2. The pricing of any change order or contract modification which is expected to exceed an amount established by department rules.

B. Any contract, change order or contract modification under which a certificate is required shall contain a provision that the price to this state shall be adjusted to exclude any significant amounts by which this state finds that the price was increased because the contractor-furnished cost or pricing data was inaccurate, incomplete or not current as of the date agreed on between the parties.  Such adjustment by this state may include profit or fee.

C. The requirements of this section need not be applied to contracts if any of the following applies:

1. The contract price is based on adequate price competition.

2. The contract price is based on established catalogue prices or market prices.

3. Contract prices are set by law or rule.

4. It is determined in writing in accordance with rules adopted by the director that the requirements of this section may be waived, and the reasons for the waiver are stated in writing.
A.R.S. § 41-1903 — Arizona Code / Title 41 / Chapter 13 / Article 1 / Section 1903
41-1903 Function
Status: in_force

41-1903. Function

A. Beginning in 2002, the commission shall biennially conduct a review of the rates of pay of elective state officers, of justices and judges of courts of record and of clerks of the superior court. Such review by the commission shall be made for the purpose of determining and providing the pay levels appropriate to the duties and responsibilities of the respective offices and positions subject to such review. The commission may hold public hearings to aid it in its work.

B. The commission shall submit to the governor no later than June 1 a report of the results of each review conducted by the commission of the offices and positions subject to this chapter, together with its recommendations.
A.R.S. § 41-518 — Arizona Code / Title 41 / Chapter 3 / Article 1.2 / Section 518
41-518 Arizona outdoor recreation coordinating commission; members; powers and duties
Status: in_force

41-518. Arizona outdoor recreation coordinating commission; members; powers and duties

A. The Arizona outdoor recreation coordinating commission is established. The commission shall be composed of seven members consisting of the director of the Arizona game and fish department, the director of the Arizona state parks board and five members appointed by the governor.  The ex officio members may not serve as officers of the commission. Of the members appointed by the governor three shall be professional full-time parks and recreation department directors of a county, city, or town and no two shall reside in the same county. Two members appointed by the governor shall be from the general public and each shall have broad experience in outdoor recreation.  Of the five appointed members, no more than two shall reside in the same county. Each appointed member shall be appointed for a term of three years.  Appointed members shall be reimbursed for expenses incurred while attending meetings called by the commission as prescribed by section 38-624.

B. The commission shall:

1. Review statewide outdoor recreation and lake improvement plans and provide comments to the Arizona state parks board.

2. Review budget proposals for the use of land and water conservation fund surcharges and the state lake improvement fund for planning and administration and provide recommendations to the Arizona state parks board.

3. Establish criteria and policies for the equitable distribution of funding, review applications for eligible projects and determine the amount of funding, if any, for each project to be funded from the land and water conservation fund, the state lake improvement fund and the off-highway vehicle recreation fund.
A.R.S. § 41-1506 — Arizona Code / Title 41 / Chapter 10 / Article 1 / Section 1506
41-1506 Arizona commerce authority fund
Status: in_force

41-1506. Arizona commerce authority fund

A. The Arizona commerce authority fund is established consisting of:

1. Withholding tax revenues allocated to the fund from the job creation withholdings clearing account pursuant to section 43-409, subsection B, paragraph 1. Monies credited to the fund may be deposited in the state treasury or in a bank or other depository approved by the board of directors pursuant to section 41-1504, subsection D, paragraph 5.

2. Monies deposited pursuant to section 18-603.

B. The chief executive officer shall administer the fund.  On notice from the chief executive officer, the state treasurer shall invest and divest any monies in the fund deposited in the state treasury as provided by section 35-313, and monies earned from investment shall be credited to the fund.  Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

C. The chief executive officer shall use the monies in the fund as follows:

1. Monies described in subsection A, paragraph 1 of this section shall be used exclusively for the purposes of this chapter without further legislative authorization.

2. Monies described in subsection A, paragraph 2 of this section shall be used exclusively for the purposes of title 18, chapter 6.
A.R.S. § 41-865 — Arizona Code / Title 41 / Chapter 4.2 / Article 1 / Section 865
41-865 Disturbing human remains or funerary objects; rules; violation; classification; definitions
Status: in_force

41-865. Disturbing human remains or funerary objects; rules; violation; classification; definitions

A. A person shall not intentionally disturb human remains or funerary objects on lands, other than lands owned or controlled by this state, any agency or institution of this state or any county or municipal corporations within this state, without obtaining the written permission of the director of the Arizona state museum.

B. A person who unintentionally disturbs human remains or funerary objects on lands, other than lands owned or controlled by this state, any agency or institution of this state or any county or municipal corporations within this state, shall report the disturbance to the director and shall not further disturb the remains or objects without obtaining the written permission of the director.

C. Within one year after the effective date of this section, the director shall adopt rules relating to reporting procedures, procedures to request permission to disturb human remains and funerary objects and the standards to be used for granting permission to disturb human remains and funerary objects. These rules shall:

1. Require the director to respond within ten working days to all requests for permission to disturb. During this ten working day period the director or his designee shall inspect, if appropriate, the site of the proposed disturbance. If the director does not respond to a request to disturb within ten working days, his failure to respond to the request is deemed permission to proceed.

2. Require the respectful treatment of all human remains and funerary objects.

3. Minimize the disturbance of human remains and funerary objects and, if disturbance is necessary, provide for reburial at an appropriate site or provide for other appropriate relocation.

4. Require consultation with representatives from the scientific community and groups with a cultural affinity regarding the treatment and protection of human remains and funerary objects.

5. If Native American human remains or funerary objects are involved, give the governing body of the group with a cultural affinity the authority to take responsibility for the remains or objects and to determine the most appropriate treatment or disposition of them pursuant to subsection E. In no event shall this state or any group, individual or entity benefit financially from the sale of any human remains or funerary objects removed from private property.

6. Fully protect the constitutional rights of property owners.

D. Before the adoption of rules pursuant to subsection C, the director shall respond to such requests within ten working days.

E. If the director or a group with a cultural affinity in consultation with the landowner determines that human remains or funerary objects shall be preserved in place, moved or reburied, any costs required by these actions may be borne either wholly or partially by the landowner. If the landowner is unwilling or unable to bear the costs required, the acquisition and preservation fund shall bear the full cost of removal. A group or institution taking responsibility for these remains or objects shall bear the cost of their preservation or reburial. If there are insufficient monies in the acquisition and preservation fund, or if the director is unable or unwilling to allocate monies for the removal and no other source is available to pay for removal within the ten working day period, the landowner, the lessee or the landowner's or lessee's agent may proceed with work on a construction project or similar project without violating the provisions of subsection A or B. The removal of all remains and objects under this subsection shall take place within ten working days of the request for the permission to disturb unless the owner of the property where the remains or objects are located agrees to an extension of this period.

F. If it is necessary to move the object before completion of the proceedings prescribed by this section in order to permit the continuation of work on a construction project or similar project, the director shall require that the move be accomplished in the manner that will least disturb and best preserve the remains or the objects.

G. A person who intentionally possesses, sells or transfers any human remains or funerary objects that are excavated or removed in violation of subsection A or B is guilty of a class 5 felony. On conviction the person forfeits to the Arizona state museum all human remains, funerary objects and other artifacts removed in connection with the violation of subsection A or B and all proceeds from the sale of these remains, objects or artifacts.

H. A person who otherwise intentionally violates subsection A or B is guilty of a class 1 misdemeanor. On conviction the person forfeits to the Arizona state museum all human remains, funerary objects and other artifacts removed in connection with the violation of subsection A or B.

I. The state agrees to indemnify and hold harmless landowners, lessees or their agents who seek permission under this section from any accidents, injuries or losses caused by state employees or their designees as a result of this section.

J. For the purposes of this section:

1. "Director" means the director of the Arizona state museum.

2. "Funerary object" means an object discovered in close proximity to human remains and interred with the remains.

3. "Group" includes American Indian tribes.

4. "Group with cultural affinity" means any group that has cultural affinity with the human remains or funerary objects in light of all of the relevant evidence.

5. "Human remains" means any remains of a human being who died more than fifty years before the remains are discovered.

6. "Tribe" means any federally recognized tribal government.
A.R.S. § 41-1233.01 — Arizona Code / Title 41 / Chapter 7 / Article 8.1 / Section 1233.01
41-1233.01 Disclosure
Status: in_force

41-1233.01. Disclosure

A person who is registered pursuant to this article or who is a designated lobbyist, lobbyist for compensation, authorized lobbyist, designated public lobbyist or authorized public lobbyist shall disclose that fact to:

1. Any legislator the person is lobbying for the first time or on any subsequent request of a legislator.

2. Any public official or employee of a public body each time that the person is lobbying for the procurement of materials, services or construction. The person also shall disclose the name of that person's client.
A.R.S. § 41-2205 — Arizona Code / Title 41 / Chapter 17 / Article 1 / Section 2205
41-2205 Central state repository
Status: in_force

41-2205. Central state repository

A. The central state repository for the collection, storage and dissemination of criminal history record information is established.  The department of public safety shall operate the central state repository pursuant to rules adopted by the department. The department shall conduct annual audits to ensure that each criminal justice agency is complying with rules governing the maintenance and dissemination of criminal history record information.

B. Each criminal justice agency shall report criminal history record information, whether collected manually or by means of an automated system, to the central state repository pursuant to sections 41-1750 and 41-1751.
A.R.S. § 41-1364 — Arizona Code / Title 41 / Chapter 8 / Article 4 / Section 1364
41-1364 Alteration or modification to monuments and memorials within governmental mall; procedures; approval
Status: in_force

41-1364. Alteration or modification to monuments and memorials within governmental mall; procedures; approval

A. Any alteration or modification to an existing monument or memorial that was completed pursuant to section 41-1363 must abide by the following procedures:

1. The proponents of the monument or memorial that submitted the concept pursuant to section 41-1363 shall submit the proposed alteration or modification to the legislative council.

2. After recommendations from the historical advisory commission regarding what impact the proposed alteration or modification would have on the historical integrity of the existing monument or memorial and after any necessary negotiations with the proponents, the legislative council shall approve or reject the proposed alteration or modification.

3. If the proposed  alteration or modification is approved and before the beginning of construction involved in implementing the alteration or modification to the monument or memorial, the proponents shall enter into a contract with the legislative council specifying the scope of the alteration or modification to the monument or memorial, a list of the artists, contractors and subcontractors that will be employed and a verification that all employees for the project are insured and that this state is indemnified against any liability in regard to the construction involved in implementing the alteration or modification to the monument or memorial.

4. The alteration or modification to an existing monument or memorial shall be completed and dedicated to this state within two years after the effective date of the approval of the alteration or modification by the legislative council.

B. All fundraising and the establishment and administration of a fund for deposit of monies and contracts for artistic design and construction of the alteration or modification to the existing monument or memorial are the sole responsibility of the proponents.
A.R.S. § 41-924 — Arizona Code / Title 41 / Chapter 5 / Article 2 / Section 924
41-924 Duties of superintendent; approval of claims; disposition of monies collected
Status: in_force

41-924. Duties of superintendent; approval of claims; disposition of monies collected

A. The superintendent of the home shall, subject to the directions of the governor, be charged with the care, custody and management of the home.

B. The superintendent shall admit persons to the home and shall see that persons admitted to the home are comfortably cared for, fed and provided necessary medications and furnished with necessary medical treatment in the most cost-effective manner determined by the superintendent. For the purposes of this subsection:

1. "Formulary" means a listing of drugs intended to include a large enough range of drugs to enable health practitioners to prescribe treatment that is medically appropriate.

2. "Necessary medical treatment" means procedures, treatment and medical equipment covered by a resident's medical insurance plan.

3. "Necessary medications" means medications that are prescribed by the resident's physician and that are on a formulary or are nonformulary prescriptions that are approved by the superintendent through a prior authorization process.

C. The superintendent shall select a supplemental medical insurance plan for residents of the home. Residents of the home shall participate in the supplemental medical insurance plan selected by the superintendent. If a resident does not participate in the supplemental medical insurance plan selected by the superintendent, the resident assumes all financial and logistical responsibility for the resident's medical care.

D. Claims for salaries and expenses authorized by this article shall be approved by the governor.

E. The superintendent, on or before the tenth day of each month, shall deposit, pursuant to sections 35-146 and 35-147, all monies received under this article in the state general fund.
A.R.S. § 41-2573 — Arizona Code / Title 41 / Chapter 23 / Article 5 / Section 2573
41-2573 Bid security
Status: in_force

41-2573. Bid security

A. As a guarantee that the contractor will enter into a contract, bid security is required for all construction procured pursuant to section 41-2533 and all construction services procured pursuant to section 41-2578, subsection F or section 41-2579, subsection F if the purchasing agency estimates that the budget for construction, excluding the cost of any finance services, maintenance services, operations services, design services, preconstruction services or other related services included in the contract, will be more than the amount established by section 41-2535, subsection D.  Bid security shall be a certified check or surety bond.

B. Bid security shall be submitted in the following amounts:

1. For design-bid-build construction services, ten percent of the contractor's bid.

2. For design-build construction services awarded by competitive sealed proposals pursuant to section 41-2578, subsection F, ten percent of the purchasing agency's construction budget for the project as stated in the request for proposals, excluding finance services, maintenance services, operations services, design services, preconstruction services or any other related services included in the contract.

3. For job-order-contracting construction services awarded by competitive sealed proposals pursuant to section 41-2578, subsection F or section 41-2579, subsection F, the amount prescribed by the purchasing agency in the request for proposals, but not more than ten percent of the purchasing agency's reasonably estimated budget for construction that the purchasing agency believes is likely to actually be done during the first year under the contract, excluding any finance services, maintenance services, operations services, design services, preconstruction services or other related services included in the contract.

C. This section does not prevent a state governmental unit from requiring such bid security in relation to any construction contract. The surety bond shall be executed and furnished as required by title 34, chapter 2 or chapter 6, as applicable, and the conditions and provisions of the surety bond regarding the surety's obligations shall follow the form required by section 34-201 or 34-608, as applicable.

D. If the invitation for bids or request for proposals requires security, noncompliance requires that the bid be rejected unless, pursuant to rules, it is determined that the bid fails to comply in a nonsubstantial manner with the security requirements.

E. After the bids or proposals are opened, they are irrevocable for the period specified in the invitation for bids or request for proposals, except as provided in section 41-2533, subsection F, section 41-2578, subsection F and section 41-2579, subsection F. If a bidder is permitted to withdraw its bid before award, no action may be had against the bidder or the bid security.
A.R.S. § 41-1967 — Arizona Code / Title 41 / Chapter 14 / Article 1 / Section 1967
41-1967 Child care resource and referral system; immunity
Status: in_force

41-1967. Child care resource and referral system; immunity

A. The department shall establish and maintain a statewide child care resource and referral system, including a child care home provider registry, through community-based organizations to:

1. Provide families with:

(a) Information on all types of child care.

(b) Referrals to child care providers and programs.

(c) Information about child care resources and services.

(d) Information about choosing child care.

(e) Information about registered child care home providers.

2. Assist child care providers and programs with:

(a) Information on training related to child care issues.

(b) Technical assistance that relates to initiating or providing child care services.

(c) Parent referrals.

(d) Becoming registered as a child care home provider.

3. Coordinate with the community to:

(a) Develop statistics of the demand for and supply of child care.

(b) Maintain ongoing relationships with all local groups interested in child care.

B. The child care resource and referral system shall:

1. Identify all available child care providers and programs through coordination with public and private agencies.

2. Collect in a uniform method provider information for the referral database that includes:

(a) The type of program.

(b) The hours of service.

(c) The ages of children served.

(d) Fees for service.

(e) The licensure, certification and registration status of providers.

(f) Other significant provider and program information.

3. Establish and maintain a referral process that responds to parental need for information. The child care resource and referral system shall make referrals to child care providers and programs that:

(a) Promote parental choice and meet the needs of families.

(b) Are included in the resource and referral database.

4. Collect in a uniform method family information for the referral database that includes the:

(a) Number of calls and contacts.

(b) Ages of children in need of care.

(c) Days and times of care requested.

(d) Type of care requested.

(e) Special needs and requests made by the family.

(f) Reason that the care is needed.

5. Provide outreach services that include:

(a) Efforts to reach parents and providers in local communities.

(b) Involvement in the local communities.

(c) Publication of services through all available media sources, agencies and other appropriate channels.

(d) Public awareness information to parents and providers about the child care home provider registry and the benefits of using the registry or becoming registered.

6. Provide technical assistance to existing and prospective child care providers and programs that include:

(a) Information on all aspects of initiating new child care services including child care regulations, zoning, program and budget development and assistance in finding information from other sources.

(b) Educational information and resources that assist existing child care providers and programs to better serve the children and parents in their community.

(c) Local coordination of existing child care and child related services.

7. Establish and maintain a child care home provider registry that includes:

(a) Child care home providers that are registered pursuant to section 41-1967.01.

(b) A complaint tracking system that contains written complaints concerning providers and written provider responses.  The complaints and responses are available to the public.

(c) A system for notifying a provider that is excluded or removed from the registry that the provider may appeal directly to the entity making the determination resulting in the exclusion or removal.

(d) Information provided by registered providers relating to the services provided and child care environment.

C. The following child care providers are eligible to be considered for inclusion in the child care resource and referral database, unless barred by other provisions of law:

1. Child care providers licensed or certified by a government agency that is authorized by law to license, certify or approve child care providers.

2. Child care home providers that are registered pursuant to section 41-1967.01.  These providers shall submit and amend when necessary sworn, written statements to the department or its designees, on forms approved by the department, attesting that the provider is not subject to exclusion or removal from the child care resource and referral database under any of the grounds specified in subsection E of this section.

D. Child care providers identified in subsection C, paragraph 1 of this section may be excluded or removed from the child care resource and referral database whenever the provider's license or certification is revoked, terminated or suspended, or when a child care facility is closed for cause.

E. Child care home providers identified in subsection C, paragraph 2 of this section may be excluded or removed from the child care home provider registry and the child care resource and referral database if:

1. The provider fails to obtain a fingerprint clearance card or the provider's fingerprint clearance card is revoked or suspended.

2. The provider has been denied a license to operate a facility for the care of children or had a license or certificate to operate a facility revoked or has been removed for cause from participation in the child and adult food program in this state or in any other state or jurisdiction.

3. The provider, the provider's employees or any person eighteen years of age or older who resides in the provider's child care facility has been convicted of or is awaiting trial on any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar criminal offenses in any other state or jurisdiction.

4. The provider, the provider's employees or any person who resides in the provider's child care facility has been the subject of an investigation where a report of child abuse or neglect has been substantiated by the department of child safety or a child safety services agency or a law enforcement agency in this state or in any other state or jurisdiction.

5. The provider fails to maintain current training and certification in first aid and infant and child cardiopulmonary resuscitation.

6. The provider fails to enclose a pool pursuant to section 36-1681, subsections A, B and C.

7. The provider fails to separately store firearms and ammunition under lock and key or combination lock.

F. This section and section 41-1967.01 do not create an affirmative obligation on the part of any state agency or any child care resource and referral agency to review, monitor or investigate child care providers and programs.

G. Neither this state nor its officers or employees, acting within the scope of their employment, are liable for any damage or injury caused by their conduct pursuant to this section or section 41-1967.01, except for gross negligence or conduct intended to cause injury.

H. Neither a child care resource and referral agency nor its officers and employees, acting within the scope of their employment, are liable for any damage or injury caused by their conduct pursuant to this section or section 41-1967.01, except for gross negligence or conduct intended to cause injury.

I. The department shall adopt rules that are consistent with the terms of this section.
A.R.S. § 41-3024.29 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3024.29
41-3024.29 Arizona health facilities authority; termination July 1, 2024
Status: repealed

41-3024.29. Arizona health facilities authority; termination July 1, 2024

A. The Arizona health facilities authority and its governing board terminate on July 1, 2024.

B. Title 36, chapter 4.2, article 1 is repealed on January 1, 2025.
A.R.S. § 41-519.02 — Arizona Code / Title 41 / Chapter 3 / Article 1.4 / Section 519.02
41-519.02 Yarnell Hill memorial fund; exemption
Status: in_force

41-519.02. Yarnell Hill memorial fund; exemption

A. The Yarnell Hill memorial fund is established consisting of legislative appropriations and donations to the fund. The Yarnell Hill memorial site board shall administer the fund.  On notice from the Yarnell Hill memorial site board, 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. The monies in the fund are exempt from section 35-190 relating to lapsing of appropriations.  The monies in the fund and any additional donations to the fund must be used for:

1. Purchasing land for the Yarnell Hill memorial.

2. Purchasing, designing and constructing the Yarnell Hill memorial.

3. Maintaining and preserving the Yarnell Hill memorial and access road.

4. Reimbursement of the Yarnell Hill memorial site board members' travel expenses.

B. Beginning on January 1, 2017, the Arizona state parks board shall administer the fund.
A.R.S. § 41-194 — Arizona Code / Title 41 / Chapter 1 / Article 5 / Section 194
41-194 Opinions; annual report; distribution
Status: in_force

41-194. Opinions; annual report; distribution

A. The attorney general shall distribute a copy of each written opinion issued pursuant to section 41-193 to the governor, the president of the senate, the speaker of the house of representatives, the secretary of the senate, the chief clerk of the house of representatives, and to any department or agency required to perform some function for the implementation of such opinion. Copies of such opinions shall be available for distribution to the general public pursuant to section 39-121.01.

B. Not later than October 15 each year the attorney general shall submit to the governor a written report of the activities of the department. A copy of the report shall be provided to each member of the legislature, upon request, and the Arizona state library, archives and public records shall be provided with the number of copies required for exchange with other states and agencies. Copies of such report shall be available for distribution, upon request, to the general public pursuant to section 39-121.01.
A.R.S. § 41-1491.07 — Arizona Code / Title 41 / Chapter 9 / Article 7 / Section 1491.07
41-1491.07 Administration by attorney general
Status: in_force

41-1491.07. Administration by attorney general

The attorney general shall administer this article.
A.R.S. § 41-1010.01 — Arizona Code / Title 41 / Chapter 6 / Article 1 / Section 1010.01
41-1010.01 Proper venue; appeals of final administrative decisions
Status: in_force

41-1010.01. Proper venue; appeals of final administrative decisions

A. A party that appeals a final administrative decision to the superior court may bring the action in any proper venue.

B. Unless otherwise provided by statute, the proper venue may include any of the following:

1. The county where the plaintiff, claimant or appellant resides.

2. The county where the plaintiff's, claimant's or appellant's principal place of business is located.

3. The county where the agency is headquartered.

4. Maricopa county.

C. Unless otherwise provided by statute, an agency may not do either of the following:

1. Restrict the proper venue for any appeal of a final administrative decision.

2. Require a party to travel to the agency's county, venue or headquarters to submit or receive documentation that supports the analysis used to propose or finalize a final administrative decision.

D. Pursuant to section 12-905, if the proper venue for an action to review a final administrative decision is expressly prescribed by statute, such venue shall control.
A.R.S. § 41-511.16 — Arizona Code / Title 41 / Chapter 3 / Article 1.1 / Section 511.16
41-511.16 Rock climbing state park; fees, gifts and donations; disposition
Status: in_force

41-511.16. Rock climbing state park; fees, gifts and donations; disposition

A. The Arizona state parks board shall establish a rock climbing state park subject to all of the following conditions:

1. The conveyance of approximately two thousand acres of bureau of land management land by the United States secretary of the interior, pursuant to the recreational and public purposes act (43 United States Code sections 869 through 869-4), to the Arizona state parks board.  The land is located in Gila county and is generally described as:  the south 1/2 of section 4, township 4 south, range 15 east; southeast 1/4 of section 5, township 4 south, range 15 east; all of section 8, township 4 south, range 15 east, except north 1/2, of the southwest 1/4 and southeast 1/4, southeast 1/4; north 1/2, and the north 1/2 of the southwest 1/4 of section 9, township 4 south, range 15 east; north 1/2 section 16, township 4 south, range 15 east, except southeast 1/4 of the northeast 1/4; the north 1/2 of section 17, township 4 south, range 15 east.

2. The conveyance or lease of three parcels of state trust land totaling approximately one hundred sixty acres to the Arizona state parks board. The trust lands are located in Gila county and are generally described as:  the southeast 1/4 of the southeast 1/4 of section 8, township 4 south, range 15 east; south 1/2 of the southeast 1/4, section 9, township 4 south, range 15 east; southeast 1/4 of the northeast 1/4, section 16, township 4 south, range 15 east.

3. The establishment of a park access road as specified by the United States Congress and a public access easement on the access road being transferred to the Arizona state parks board.

B. Notwithstanding the provisions of section 41-511.05, paragraph 3, additions to the rock climbing state park, up to five hundred acres, shall not require additional legislative authorization.

C. The Arizona state parks board shall use its best efforts to prevent trespass onto private lands adjacent to the boundaries of the rock climbing state park and shall provide access to the owners of any private lands within the exterior boundary of the state park.

D. The Arizona state parks board may charge user fees and concession fees and collect monies from other revenue generating activities.  The state parks board shall deposit, pursuant to sections 35-146 and 35-147, all monies collected in the state parks revenue fund established by section 41-511.21.

E. The Arizona state parks board may accept gifts and donations toward the acquisition, management and operations of the rock climbing state park. The Arizona state parks board shall deposit, pursuant to sections 35-146 and 35-147, any gifts or donations collected in the state parks donations fund established by section 41-511.11 and account for these monies separately.

F. The Arizona state parks board shall ensure public access to the rock climbing state park.

G. Nothing in the establishment of the rock climbing state park shall be construed to impose any new or additional management requirements, restrictions or regulations under the laws of this state on the permitting, management of or the conduct of activities on any lands outside the state park, or to impose restrictions on these activities in addition to those applicable to the same land within and outside the state park, before its designation as a state park.

H. Mining and mining related activities carried out by users of lands outside the rock climbing state park do not create a cause of action for any injuries sustained by a person within the boundaries of the state park.
A.R.S. § 41-1624 — Arizona Code / Title 41 / Chapter 11 / Article 3 / Section 1624
41-1624 Arizona correctional industries revolving fund; definitions
Status: in_force

41-1624. Arizona correctional industries revolving fund; definitions

A. The director may establish a revolving fund to be used to pay the expenses required:

1. For the purchase of raw materials, components and supplies to be used for the production of food and other items to be sold by the department's Arizona correctional industries.

2. For the compensation of prisoners and Arizona correctional industries professional and outside services.

3. For the purchase or rental of equipment to be used by the department's Arizona correctional industries.

4. For the construction or reconstruction of facilities.

5. For other operating expenses and in-state travel.

6. For the purchase of workers' compensation insurance for inmates who are employed in a federally certified prison industry enhancement program pursuant to section 41-1674.

7. For prisoner instruction related to vocational education, job training, parenting and alcohol and other drug use treatment classes.

B. Monies received for or derived from the operation of Arizona correctional industries, including monies from the sale of obsolete or unneeded material, supplies, equipment or property, shall be deposited, pursuant to sections 35-146 and 35-147, in a specially designated revolving fund and expended without need of previous encumbrance upon warrants drawn upon order of the director or the director's designee. The fund is a continuing fund and is exempt from the provisions of section 35-190. The director shall transfer one million dollars from the revolving fund annually to the department of corrections building renewal fund established by section 41-797.

C. 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.

D. For the purposes of this section:

1. "Components" means the parts, subassemblies and packaging materials that will become part of a final product or service.

2. "Raw materials" means the materials that are converted or combined during the manufacturing process.
A.R.S. § 41-2258 — Arizona Code / Title 41 / Chapter 18 / Article 1 / Section 2258
41-2258 Greater Arizona development authority bonds
Status: in_force

41-2258. Greater Arizona development authority bonds

A. The authority, through the board, may issue negotiable bonds in a principal amount that in its opinion is necessary to provide sufficient monies for assistance under this article, to refund bonds, when the authority deems it expedient to do so, maintaining sufficient reserves in the fund to secure the bonds, to pay the necessary costs of issuing, selling and redeeming the bonds and to pay other expenditures of the authority incidental to and necessary and convenient to carry out the purposes of this article.

B. The board shall authorize the bonds by resolution. The resolution shall prescribe:

1. The rate or rates of interest and the denominations of the bonds.

2. The date or dates of the bonds and maturity.

3. The coupon or registered form of the bonds.

4. The manner of executing the bonds.

5. The medium and place of payment.

6. The terms of redemption.

C. The bonds shall be sold at public or private sale at the price and on the terms determined by the board. All proceeds from the issuance of bonds, except any amounts used to pay costs associated with the issuance and sale of the bonds, shall be deposited in the fund or a separately held account as specified in the resolution.

D. To secure any bonds authorized by this section the board by resolution may:

1. Provide that bonds issued under this section may be secured by a lien on all or part of the monies paid into the appropriate account or subaccount of the fund.

2. Pledge or assign to or in trust to be held by the state treasurer or a trustee appointed by the authority for the benefit of the holder or holders of the bonds any part of the appropriate account or subaccount of the fund monies as is necessary to pay the principal and interest of the bonds as they come due.

3. Set aside, regulate and dispose of reserves and sinking funds.

4. Provide that sufficient amounts of the proceeds from the sale of the bonds may be used to fully or partly fund any reserves or sinking funds set up by the bond resolution.

5. Prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent to and the manner in which consent may be given.

6. Provide for payment from the proceeds of the sale of the bonds of all legal and financial expenses incurred by the board in issuing, selling, delivering and paying the bonds.

7. Provide terms necessary to secure credit enhancement or other sources of payment or security.

8. Provide any other terms and conditions that in any way may affect the security and protection of the bonds.

E. Any pledge of revenues by a political subdivision, a special district, an Indian tribe or the authority made under this article is valid and binding from the time when the pledge is made. The monies pledged and received by the state treasurer to be placed in the fund or in any account or subaccount in the fund are immediately subject to the lien of the pledge without any future physical delivery or further act, and any lien of any pledge is valid or binding against all parties having claims of any kind in tort, contract or otherwise against the board regardless of whether the parties have notice of the lien. The official resolution or trust indenture or any instrument by which this pledge is created, when placed in the board's records, is notice to all concerned of the creation of the pledge, and those instruments need not be recorded in any other place.

F. A member of the board or any person executing the bonds is not personally liable for the payment of the bonds. The bonds are valid and binding obligations notwithstanding that before the delivery of the bonds any of the persons whose signatures appear on the bonds cease to be members of the board. From and after the sale and delivery of the bonds, they are incontestable by the board.

G. The board, out of any available monies, may purchase bonds, which may then be canceled, at a price not exceeding either of the following:

1. If the bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date.

2. If the bonds are not then redeemable, the redemption price applicable on the first date after purchase on which the bonds become subject to redemption plus accrued interest to that date.

H. The bonds issued under this section, their transfer and the income they produce are exempt from taxation by this state or by any political subdivision of this state.

I. If a political subdivision fails to make a payment due to the authority under its loan repayment agreement or bonds, the authority shall certify to the state treasurer and notify the governing body of the defaulting political subdivision that the political subdivision has failed to make the payment and direct withholding pursuant to subsection J of this section. The authority may determine the form of the certificate of default, except that the certificate must specify the amount of money required to satisfy the unpaid payment obligation of the political subdivision.

J. On receipt of a certificate of default from the authority, the state treasurer, to the extent not otherwise expressly prohibited by law, shall withhold an amount from the defaulting political subdivision's next distribution of monies pursuant to section 42-5029 and an amount from a defaulting city's or town's next distribution of monies pursuant to section 43-206 necessary to meet the certified amount of the deficiency. The state treasurer shall immediately deposit in the fund the amount withheld. The state treasurer shall continue to withhold distributions pursuant to sections 42-5029 and 43-206 and deposit them into the fund until the authority certifies to the state treasurer that the default has been cured.

K. Notwithstanding subsection J of this section, the state treasurer shall not withhold from the distribution of monies under section 42-5029 any amount, as certified by the defaulting political subdivision to the state treasurer and the authority, that is necessary to make any required deposits then due for payment of principal and interest on bonds of the political subdivision that have been secured by a pledge of the distribution.
A.R.S. § 41-2021 — Arizona Code / Title 41 / Chapter 14 / Article 5 / Section 2021
41-2021 Definitions
Status: in_force

41-2021. Definitions

In this article, unless the context otherwise requires:

1. "Early intervention programs and services" means developmental services that are provided under public supervision at no cost, except if federal or state law provides for a system of payments by families, and that are designed to meet one or more of an infant's or toddler's developmental needs.

2. "Infants and toddlers" means children from birth to thirty-six months of age who need early intervention programs and services because they have either of the following:

(a) A developmental need as evidenced by experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas:

(i) Cognitive development.

(ii) Physical development.

(iii) Language and speech development.

(iv) Psychosocial development.

(v) Self-help skills.

(b) A diagnosed physical or mental condition that has a high probability of resulting in developmental delays.

3. "Interagency coordinating council for infants and toddlers" means the council established by order of the governor in accordance with federal law.
A.R.S. § 41-1304 — Arizona Code / Title 41 / Chapter 8 / Article 1 / Section 1304
41-1304 Powers and duties
Status: in_force

41-1304. Powers and duties

A. The legislative council shall:

1. Provide bill drafting, research and other services to the legislature deemed necessary or advisable by the council to improve the quality of legislation and to ensure full participation by the legislative branch in determining and reviewing policy and the administration of state affairs.

2. Adopt rules and formulate policies for the administration of this article and for the conduct of the affairs of the council.

3. Appoint clerical, technical and professional assistants deemed necessary or advisable to carry out this article, fix their compensation and prescribe their powers and duties.

4. Maintain a legislative reference library.

5. Procure information at the request of members of the legislature on any legislative subject.

6. Prepare or revise bills and other legislative measures for members or committees of the legislature and, on request of a member of the legislature, for state officers and agencies.

7. Prepare and issue styles and forms for drafting bills, amendments and other legislative measures for the use of the legislature, state officers and persons interested in drafting amendments and bills or measures for introduction in the legislature, except that a font color other than black shall be used when preparing or revising temporary law for bills and amendments. The styles and forms for drafting amendments shall be developed and adopted in consultation and cooperation with the senate and the house of representatives.

8. Prepare and file with the secretary of state, not later than ten days preceding the regular primary election, an analysis of the provisions of each ballot proposal of a measure or proposed amendment.

B. The legislative council may purchase, lease and otherwise acquire land and buildings and make improvements to land and buildings it acquires or uses for the purpose of providing suitable facilities for the use of the legislative department. The council may obtain operational and maintenance assistance for any legislative facilities without charge from the department of administration, may obtain security assistance from the department of public safety, may employ personnel to discharge operational, maintenance and security functions or may contract for outside services payable from council appropriations.

C. The legislative council shall pay legal fees incurred jointly by the house of representatives and the senate on the authorization of the speaker of the house of representatives and the president of the senate.
A.R.S. § 41-151.18 — Arizona Code / Title 41 / Chapter 1 / Article 2.1 / Section 151.18
41-151.18 Arizona uniform laws commission; membership; duties
Status: in_force

41-151.18. Arizona uniform laws commission; membership; duties

A. The Arizona uniform laws commission is established consisting of four members who are members of a state bar association and who are appointed by the governor. These members are in addition to the members who have attained life membership in the national conference of commissioners on uniform state laws. The term of office of the members is six years except for lifetime members. An appointment to fill a vacancy caused other than by expiration of a term is for the remainder of the unexpired term.

B. Members of the Arizona uniform laws commission are not eligible for compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

C. The Arizona uniform laws commission shall review efforts nationally to enact uniform laws and recommend to the governor and the legislature the adoption of uniform legislation that the commission deems desirable.

D. The secretary of state may maintain membership on the Arizona uniform laws commission.  On or before October 1 of each year, the Arizona uniform laws commission shall submit a letter to each member of the legislature that includes a website link to the current list of the uniform acts that is prepared by the national conference of commissioners on uniform state laws for the purpose of informing the members of the legislature about current model legislation that is available to the legislators.
A.R.S. § 41-601 — Arizona Code / Title 41 / Chapter 3 / Article 7 / Section 601
41-601 Definitions
Status: in_force

41-601. Definitions

In this article, unless the context otherwise requires:

1. "Armed forces of the United States" means the army, the navy, the air force, the space force, the marine corps, the coast guard, the commissioned corps of the United States public health services, the national oceanographic and atmospheric administration, the national guard and any military reserve unit of any branch of the armed forces of the United States.

2. "Commission" means the Arizona veterans' service advisory commission.

3. "Department" means the department of veterans' services.

4. "Director" means the director of the department of veterans' services.

5. "Veteran" means a citizen of the United States who was enlisted, drafted, inducted or commissioned and who was accepted for and assigned to active duty in the armed forces of the United States.
A.R.S. § 41-710.01 — Arizona Code / Title 41 / Chapter 4 / Article 1 / Section 710.01
41-710.01 Reimbursement of transportation and telecommuting costs; definition
Status: in_force

41-710.01. Reimbursement of transportation and telecommuting costs; definition

A. The director shall adopt rules to provide for the reimbursement of up to one hundred per cent of the cost to state employees of either:

1. Public transportation, vanpool or private bus service to and from their place of employment.

2. Telecommuting connectivity.

B. For the purposes of this section, "public transportation" means local transportation of passengers by means of a public conveyance operated or licensed by an incorporated city or town or a regional public transportation authority.
A.R.S. § 41-191 — Arizona Code / Title 41 / Chapter 1 / Article 5 / Section 191
41-191 Attorney general; qualifications; salary; assistants; fees; exceptions; outside counsel
Status: in_force

41-191. Attorney general; qualifications; salary; assistants; fees; exceptions; outside counsel

A. The attorney general shall have been for not less than five years immediately preceding the date of taking office a practicing attorney before the supreme court of the state. He is entitled to receive an annual salary pursuant to section 41-1904.

B. The attorney general and his assistants shall devote full time to the duties of the office and shall not directly or indirectly engage in the private practice of law or in an occupation conflicting with such duties, except:

1. Such prohibition shall not apply to special assistants, except that in no instance shall special assistants engage in any private litigation in which the state or an officer thereof in his official capacity is a party.

2. Assistant attorney general may, but in no circumstances shall be required to, represent private clients in pro bono, private civil matters under the following circumstances:

(a) The representation will be conducted exclusively during off hours or while on leave and the attorney will not receive any compensation for such services.

(b) The client is not seeking an award of attorney fees for the services.

(c) The services are for an individual in need of personal legal services who does not have the financial resources to pay for the professional services or for a nonprofit, tax exempt charitable organization formed for the purpose of providing social services to individuals and families.

(d) The representation will not interfere with the performance of any official duties.

(e) The subject matter of pro bono representation is outside of the area of practice to which the attorney is assigned in the attorney general's office and the activity will not appear to create a conflict of interest.

(f) The activity will not reflect adversely on this state or any of its agencies.

(g) The assistant attorney general's position will not influence or appear to influence the outcome of any matter.

(h) The activity will not involve assertions that are contrary to the interest or position of this state or any of its agencies.

(i) The activity does not involve a criminal matter or proceeding or any matter in which this state is a party or has a direct or substantial interest.

(j) The activity will not utilize resources that will result in a cost to this state or any of its agencies.

(k) The attorney's supervisor may require the attorney to submit a prior written request to engage in pro bono work which includes a provision holding the agency harmless from any of the work undertaken by the attorney.

Notwithstanding any provision of law or rule to the contrary, representation by an attorney of a pro bono client shall not disqualify the office from subsequently participating in any action affecting the client.

C. The attorney general may also, within the limits of appropriations made therefor, employ attorneys for particular cases upon a fixed fee basis who shall be exempt from the restrictions imposed by this section upon regular or special assistants.

D. The attorney general may also, in suits to enforce state or federal statutes pertaining to antitrust, restraint of trade, or price-fixing activities or conspiracies, employ counsel on a fixed fee basis, not to exceed an hourly rate of fifty dollars per hour, such fee to be contingent upon and payable solely out of the recovery obtained in suits so instituted, except that where the court in which the case is pending has the authority to set a fee in conjunction with a given case, and does so set a fee, the court awarded fee shall be paid in lieu of the fee provided in this section. Employment and payment of counsel under this subsection shall not be subject to the limitations imposed by title 35, nor shall counsel so employed be subject to the limitations on private practice or litigation imposed upon regular or special assistants.

E. If the attorney general determines that legal action is reasonably necessary in order to collect a debt owed to this state or its agencies, boards, departments or commissions, the attorney general may retain or employ counsel to collect the debt. Counsel retained or employed by the attorney general shall account for the entire amount collected. A person retained as counsel under this subsection is not subject to the limitations on private practice or litigation applicable to regular or special assistants.
A.R.S. § 41-2567 — Arizona Code / Title 41 / Chapter 23 / Article 4 / Section 2567
41-2567 Specifications for energy consumptive material
Status: in_force

41-2567. Specifications for energy consumptive material

The director shall establish specifications based on national standards for considerations of energy conservation for the procurement of selected energy consumptive material.
A.R.S. § 41-2806 — Arizona Code / Title 41 / Chapter 26 / Article 1 / Section 2806
41-2806 Committed youth canteen; establishment; prices; goods; insurance
Status: in_force

41-2806. Committed youth canteen; establishment; prices; goods; insurance

A. The department may establish and maintain a committed youth canteen at any secure care facility. The committed youth canteens may offer for sale, at prices fixed by the director, toilet articles, candy, notions and other sundries for consumption on the premises. The department may provide the facilities, personnel and merchandise necessary to operate the committed youth canteens. All profit from the committed youth canteens shall be deposited in the department of juvenile corrections fund established by section 41-2810.

B. The department may purchase insurance against the damage or loss of committed youth canteen materials, supplies and equipment.
A.R.S. § 41-1232.02 — Arizona Code / Title 41 / Chapter 7 / Article 8.1 / Section 1232.02
41-1232.02 Expenditure reporting; principals and lobbyists; gifts
Status: in_force

41-1232.02. Expenditure reporting; principals and lobbyists; gifts

A. Each principal shall report annually all single expenditures, whether or not the expenditures were made in the course of lobbying.  These single expenditures shall be itemized separately, and each itemization shall include the date of the expenditure, the amount of the expenditure, the name of each state officer or employee receiving or benefitting from the expenditure, the category of the expenditure and the name of the lobbyist or other person who made the expenditure on behalf of the principal. In addition each principal shall report annually the aggregate of all expenditures of $20 or less received by or benefitting a state officer or employee, whether or not the expenditures were made in the course of lobbying. The report shall be filed by March 1 and shall list the annual expenditures made on behalf of the principal.  If March 1 is a Saturday, Sunday or other legal holiday, the report shall be filed on the next business day.

B. Each lobbyist for compensation and designated lobbyist shall report quarterly all single expenditures incurred in the preceding calendar quarter by the lobbyist for compensation or designated lobbyist, whether or not the single expenditures were made in the course of lobbying. These single expenditures shall be itemized separately, and each itemization shall include the date of the expenditure, the amount of the expenditure, the name of the state officer or employee receiving or benefitting from the expenditure, the category of the expenditure and the principal on whose behalf the expenditure was made. If the expenditure was made by the lobbyist and was not made on behalf of a principal, it shall be itemized separately. The quarterly report shall be filed not later than the last day of the month following the end of the calendar quarter, unless the last day of the month is a Saturday, Sunday or other legal holiday. In that case, the report shall be filed on the next business day.

C. Each lobbyist for compensation and designated lobbyist shall also report quarterly the aggregate of all expenditures of $20 or less received by or benefitting a state officer or employee, whether or not the expenditures were made in the course of lobbying. The report shall list separately the aggregate of expenditures made on behalf of each principal and the aggregate not made on behalf of any principal. In the fourth calendar quarter, these expenditures shall also be listed by cumulative total for the calendar year. Each quarterly lobbyist report shall include all reportable expenditures made by any employee of the lobbyist for compensation or designated lobbyist, regardless of whether that employee is listed as a lobbyist on any registration filed by a principal engaging the lobbyist. The quarterly report shall be filed not later than the last day of the month following the end of the calendar quarter, unless the last day of the month is a Saturday, Sunday or other legal holiday. In that case, the report shall be filed the next business day.

D. The reports required by subsections A and B of this section shall identify each single expenditure according to the following categories:

1. Food or beverages.

2. Speaking engagement.

3. Travel and lodging.

4. Flowers.

5. Other expenditures.

E. Expenditures by principals and lobbyists such as those for the lobbyist's personal sustenance, office expenses, filing fees, legal fees, employees' compensation, lodging and travel are not required to be reported. In addition, expenditures by a principal or a lobbyist for family gifts, personal hospitality or those items excluded from the definition of gift pursuant to section 41-1231, paragraph 9, subdivision (a), (c), (d), (f), (g), (h), (i), (j), (k) or (l) are not required to be reported.

F. All expenditures incurred by a principal or lobbyist for special events for legislators, including parties, dinners, athletic events, entertainment and other functions, to which all members of the legislature, either house of the legislature or any committee of the legislature are invited shall be reported. Expenditures are not required to be allocated to individual legislators, but for each such event a description of the event and the date, location, name of the legislative body invited and total expenditures incurred shall be reported. Expenditures for special events held in conjunction with state, national or regional meetings of an organization or association concerned or dealing with legislative or other governmental activities to which all state officers or state employees in attendance at such event are invited shall be reported in the same manner.

G. All information required to be filed pursuant to this section with the secretary of state shall be filed in that office and preserved by the secretary of state for five years from the date of filing, after which time the information shall be destroyed. The information is a public record and open to public inspection.

H. If a principal, lobbyist for compensation or designated lobbyist makes no expenditures that it would otherwise be required to report during a specified reporting period, the principal, lobbyist for compensation or designated lobbyist may sign a form under penalty of perjury prescribed by the secretary of state indicating that there were no expenditures during the specific reporting period.

I. A person or organization shall not make a gift to or an expenditure on behalf of a state officer or employee through another person or organization for the purpose of disguising the identity of the person making the gift or expenditure.

J. A principal or lobbyist or any other person acting on behalf of a principal or lobbyist shall not give to any state officer or state employee and a state officer or state employee shall not accept from a principal or lobbyist either of the following:

1. Gifts with a total value of more than $10 during any calendar year.

2. Gifts that are designed to influence the state officer's or state employee's official conduct.
A.R.S. § 41-1967.01 — Arizona Code / Title 41 / Chapter 14 / Article 1 / Section 1967.01
41-1967.01 Child care home provider; registration; fingerprints; definition
Status: in_force

41-1967.01. Child care home provider; registration; fingerprints; definition

A. A child care home provider who receives compensation to care for four or fewer children and who has not been certified by the department of economic security pursuant to section 46-807 or licensed or certified by the department of health services pursuant to section 36-883 or 36-897.01 shall register with the department of economic security if the child care home provider wishes to be listed with the child care resource and referral system.

B. Each applicant for registration shall submit a full set of fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

C. Child care providers shall have a valid fingerprint clearance card issued pursuant to section 41-1758.07 before being registered with the department or residing in a setting that is certified or licensed by the department.

D. By the date of registration, child care providers shall certify on forms that are provided by the department and notarized whether:

1. They are awaiting trial on or have been convicted of or admitted committing any of the criminal offenses listed in section 41-1758.07, subsection B or C in this state or similar offenses in another state or jurisdiction.

2. They are parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201.

3. They have been denied a license to operate a child care facility for cause in this state or another state or had a license or certificate to operate a child care facility revoked.

E. The notarized forms are confidential.

F. Each applicant for registration shall not have been the subject of an investigation in which a report of child abuse or neglect has been substantiated.

G. Each applicant shall maintain current training and certification in first aid and infant and child cardiopulmonary resuscitation.

H. The applicant shall enclose any pool on the applicant's premises pursuant to section 36-1681, subsections A, B and C.

I. The applicant shall separately store firearms and ammunition under lock and key or a combination lock.

J. The department shall adopt rules to carry out this section.

K. The director shall charge a fee for processing the fingerprint information required pursuant to this section.

L. Any obligation or liability under this section is governed by section 41-1967, subsections F, G and H.

M. For the purposes of this section, "child care provider" means a registered child care home provider pursuant to subsection A of this section and any person who is eighteen years of age or older and who works or resides in the home of a child care home provider.
A.R.S. § 41-2554 — Arizona Code / Title 41 / Chapter 23 / Article 3 / Section 2554
41-2554 Procurement of earth moving, material handling, road maintenance and construction equipment; definitions
Status: in_force

41-2554. Procurement of earth moving, material handling, road maintenance and construction equipment; definitions

A. Notwithstanding the criteria for contract award prescribed in section 41-2533, a contract for earth moving, material handling, road maintenance and construction equipment shall be awarded to the lowest responsible and responsive bidder whose bid conforms in all material respects to the requirements and criteria set forth in the invitation for bids, which shall include as price evaluation criteria the total life cycle cost including residual value of the earth moving, material handling, road maintenance and construction equipment and such other additional evaluation factors set forth in the invitation for bids. No factors or criteria may be used in the evaluation of bids for earth moving, material handling, road maintenance and construction equipment, other than those specified in the invitation for bid. Additional evaluation factors shall include, to the extent practicable, outright purchase. The contract award shall be based on the price evaluation criteria deemed by the state to be most advantageous to the state. Procedures for awarding contracts for earth moving, material handling, road maintenance and construction equipment pursuant to this subsection shall be the same as those prescribed in section 41-2533.

B. Notwithstanding the criteria for contract award prescribed in section 41-2534, a contract for earth moving, material handling, road maintenance and construction equipment shall be awarded to the responsible offeror whose proposal is determined in writing to be the most advantageous to the state. The evaluation factors set forth in the request for proposals shall include the total life cycle cost including residual value of each proposal and such other additional evaluation factors set forth in the request for proposals. No factors or criteria may be used in the evaluation of proposals for earth moving, material handling, road maintenance and construction equipment, other than those specified in the request for proposal. Additional evaluation factors set forth in the request for proposal shall include, to the extent practicable, outright purchase. The contract award shall be based on the price evaluation criteria deemed by the state to be most advantageous to the state. Procedures for awarding contracts for earth moving, material handling, road maintenance and construction equipment pursuant to this subsection shall be the same as those prescribed in section 41-2534.

C. The minimum unit list price for earth moving, material handling, road maintenance and construction equipment shall be adjusted annually by the consumer price index, United States average.

D. As used in this section:

1. "Earth moving, material handling, road maintenance, and construction equipment" means a track-type tractor, motor grader, excavator, landfill compactor, wheel tractor scraper, off-highway truck, wheel loader or track loader, having a published manufacturer's minimum unit list price of fifty thousand dollars or more and a minimum expected life cycle of three years.

2. "Outright purchase" means the initial cost to the state for the earth moving, material handling, road maintenance, and construction equipment, including all vendor charges and financing costs.

3. "Residual value" means the guaranteed minimum market value of the earth moving, material handling, road maintenance and construction equipment at the end of the life cycle of the earth moving, material handling, road maintenance and construction equipment being procured, as determined by a guaranteed minimum value offered by the vendor or other parties in its bid.

4. "Total life cycle cost" means total state costs and financing costs through the life cycle of the earth moving, material handling, road maintenance and construction equipment being purchased less residual value.

5. "Total state costs" means cost to the state for the earth moving, material handling, road maintenance and construction equipment including repair costs, present value of monies, vendor charges, and all other identifiable state costs that may be incurred.

6. "Vendor charges" means costs of all vendor support, materials, transportation and all other identifiable costs associated with the vendor's proposal or bid.

7. "Vendor support" means services provided by the vendor for items such as consulting, education and training.
A.R.S. § 41-1082 — Arizona Code / Title 41 / Chapter 6 / Article 8 / Section 1082
41-1082 Existing delegation agreements
Status: in_force

41-1082. Existing delegation agreements

A. By January 1, 1995, each state agency shall compile and make public a list of all delegation agreements that it has entered into with political subdivisions and a list of all subdelegation agreements to the delegation agreements. Upon request and for a reasonable cost, a person may obtain a copy of any delegation agreement on the list.

B. By January 1, 1996, each state agency shall amend, if necessary, any delegation agreement entered into prior to the effective date of this article to conform with criteria set forth in section 41-1081, subsection A.
A.R.S. § 41-1835 — Arizona Code / Title 41 / Chapter 12.1 / Article 1 / Section 1835
41-1835 Implementation and coordination of an emergency medical services communication system
Status: in_force

41-1835. Implementation and coordination of an emergency medical services communication system

A. The director is responsible for the overall design, installation, maintenance, implementation, coordination and administration of a statewide emergency medical services communication system, as defined in section 41-1831, subject to the availability of funds, and for the establishment of any of such services deemed necessary.

B. All emergency medical communications systems shall be approved by the department in accordance with the statewide emergency medical services communication system plan to insure system compatibility.

C. The director may also institute programs for implementing the voluntary cooperation of the private sector in locating and reporting accidents, both on and off the highways.

D. The director is responsible for submitting a communications plan, excluding a budgetary component, for the annual statewide emergency medical services plan to the director of the department of health services.
A.R.S. § 41-2257 — Arizona Code / Title 41 / Chapter 18 / Article 1 / Section 2257
41-2257 Financial assistance
Status: in_force

41-2257. Financial assistance

A. The authority may provide financial assistance to political subdivisions, special districts and Indian tribes in developing, acquiring, constructing, improving, equipping or refinancing infrastructure. The financial assistance shall include:

1. Loans as provided in this section.

2. Credit enhancements purchased for a political subdivision's, special district's or Indian tribe's bonds or other forms of indebtedness.

B. A loan shall be evidenced by a loan repayment agreement, lease purchase agreement or bonds of a political subdivision, special district or Indian tribe that are delivered to and held by the authority.

C. The authority shall prescribe a principal repayment schedule for each loan made. Loan principal payments may be rescheduled at the discretion of the authority but may not be forgiven.

D. A loan under this section:

1. Shall be repaid not more than thirty years after the date it is incurred.

2. Shall require that interest payments begin not later than the next date that either principal or interest must be paid by the authority to holders of any of the authority's bonds that provided funding for the loan. The authority may provide that loan interest accruing during construction of the borrower's infrastructure project and up to one year after completion of the construction be capitalized in the loan.

3. Shall be repayable in at least annual principal installments and at least semiannual interest installments.

4. Shall be conditioned on the identification of pledged revenues for repaying the loan. If the infrastructure financed by the loan is part of a municipal utility and the city or town pledges revenues of the utility to repay the loan, the loan shall be treated under section 9-530, subsection B as a lawful long-term obligation incurred for a specific capital purpose.

5. To the extent permitted by law, shall be secured by a debt service reserve account that is held in trust and that is in such amount, if any, as determined by the authority.

6. Shall be either:

(a) For a political subdivision, additionally secured by an irrevocable pledge of the shared state revenues due the political subdivision for the life of the loan as provided by a resolution of the board.

(b) For an Indian tribe, conditioned on the establishment of a dedicated revenue source under the control of a tribally chartered corporation or other tribal entity that is subject to suit by the attorney general to enforce the loan contract or be secured by assets that, in the event of default of the loan contract, are subject to execution by the attorney general.

E. The authority shall prescribe the rate or rates of interest on loans made under this section, but the rate or rates shall not exceed the prevailing market rate for similar types of loans. A political subdivision or special district may negotiate the sale of its bonds to or a loan repayment agreement with the authority without complying with any public or accelerated bidding requirements imposed by any other law for the sale of its bonds.

F. The approval of a loan is conditioned on a written commitment by the political subdivision or special district to complete all applicable reviews and approvals and to secure all required permits in a timely manner.

G. The approval of financial assistance to a city or town having a population of more than fifty thousand persons shall be conditioned on approval of its voters. An election is not required if voter approval has previously been received for substantially the same project.

H. The approval of financial assistance to a county having a population of more than two hundred thousand persons shall be conditioned on approval of its voters.  An election is not required if voter approval has previously been received for substantially the same project.

I. By resolution of the board, the authority may impose any additional requirements it considers necessary to ensure that the loan principal and interest are timely paid.

J. All monies received from political subdivisions, special districts and Indian tribes as loan repayments, interest and penalties shall be deposited, pursuant to sections 35-146 and 35-147, in the fund.

K. The attorney general may take whatever actions are necessary to enforce the loan contract and achieve repayment of loans provided by the authority pursuant to this article.

L. If a political subdivision fails to make any payment due to the authority under its loan repayment agreement or bonds, the authority shall certify to the state treasurer and notify the governing body of the defaulting political subdivision that the political subdivision has failed to make the required payment and direct a withholding of state shared revenues as provided in subsection M of this section.  The certificate of default shall be in the form determined by the authority, provided the certificate specifies the amount required to satisfy the unpaid payment obligation of the political subdivision.

M. On receipt of a certificate of default from the authority, the state treasurer, to the extent not otherwise expressly prohibited by law, shall withhold the monies from the next succeeding distribution of monies pursuant to section 42-5029 due to the defaulting political subdivision. In the case of a city or town, the state treasurer shall also withhold from the next succeeding distribution of monies pursuant to section 43-206 due to the defaulting city or town the amount specified in the certificate of default and immediately deposit the amount withheld in the fund.  The state treasurer shall continue to withhold and deposit the monies until the authority certifies to the state treasurer that the default has been cured.  In no event shall the state treasurer withhold any amount that is necessary, as certified by the defaulting political subdivision to the state treasurer and the authority, to make any required deposits then due for the payment of principal and interest on bonds of the political subdivision that were issued prior to the date of the loan repayment agreement or bonds and that have been secured by a pledge of distributions made pursuant to sections 42-5029 and 43-206.
A.R.S. § 41-1630 — Arizona Code / Title 41 / Chapter 11 / Article 3 / Section 1630
41-1630 Violation; classification
Status: in_force

41-1630. Violation; classification

Any person who violates any provision of this article, is guilty of a class 1 misdemeanor.
A.R.S. § 41-121.02 — Arizona Code / Title 41 / Chapter 1 / Article 2 / Section 121.02
41-121.02 Department of state
Status: in_force

41-121.02. Department of state

A. The department of state is established and shall be composed of the office of the secretary of state.

B. The secretary of state shall have charge of and direct the department of state.

C. Except as otherwise provided by law, employees of the department are subject to chapter 4, article 4 and, as applicable, articles 5 and 6 of this title.

D. Purchases and contracts for goods and services in the amount of $150,000 or less that are entered into by the Arizona state library, archives and public records are exempt from chapter 23 of this title.

E. The Arizona state library, archives and public records is exempt from chapter 6 of this title.
A.R.S. § 41-1274 — Arizona Code / Title 41 / Chapter 7 / Article 10 / Section 1274
41-1274 Authority to accept and expend in the name of the legislature public and private gifts and grants
Status: in_force

41-1274. Authority to accept and expend in the name of the legislature public and private gifts and grants

The joint legislative budget committee may accept and expend in the name of the legislature public and private gifts and grants.
A.R.S. § 41-835.01 — Arizona Code / Title 41 / Chapter 4.1 / Article 3 / Section 835.01
41-835.01 Definitions
Status: in_force

41-835.01. Definitions

In this article, unless the context otherwise requires:

1. "Board" means the state board on geographic and historic names.

2. "Geographic features" means mountains, canyons, gulches, streams, streambeds or channels whether flowing or dry, natural bridges, natural lakes, natural monuments, mesas, deserts, forests, springs, water holes, cliffs, chasms and other similar natural objects, places or things.

3. "Historic road" means a highway, street, road or route that is of historical or cultural significance in the settlement and development of this state and that is established or designated as a historic road by the board.

4. "Parkway" means an area along either or both sides of a highway, street, road or route that is acquired in fee or by easement by the governmental body having jurisdiction over the highway, street, road or route for the protection of geographic, natural flora or scenic values and that is established or designated as a parkway by the board.

5. "Places of historical significance" or "historic place" means objects, places or things that are associated with or named after people, places or events of historical significance, including historic roads, scenic roads, parkways, artificial bridges, dams, artificial lakes, parks, mining districts, artificial monuments, roads, trails or other similar artificial objects, places or things.

6. "Scenic road" means a highway, street, road or route through a scenic area that is established or designated as a scenic road by the board.
A.R.S. § 41-268 — Arizona Code / Title 41 / Chapter 2 / Article 1 / Section 268
41-268 Notification regarding performance of notarial act on electronic record; selection of technology; acceptance of tangible copy of electronic record
Status: in_force

41-268. Notification regarding performance of notarial act on electronic record; selection of technology; acceptance of tangible copy of electronic record

A. A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records.  A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.

B. Before a notary public performs the notary public's initial notarial act with respect to an electronic record, a notary public shall notify the secretary of state that the notary public will be performing notarial acts with respect to electronic records and identify the technology the notary public intends to use.  If the secretary of state has established standards for approval of technology pursuant to section 41-275, the technology must conform to the standards.  If the technology conforms to the standards, the secretary of state shall approve the use of the technology.

C. A county recorder shall accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record.
A.R.S. § 41-2752 — Arizona Code / Title 41 / Chapter 25 / Article 1 / Section 2752
41-2752 State competition with private enterprise prohibited; exceptions; definition
Status: in_force

41-2752. State competition with private enterprise prohibited; exceptions; definition

A. A state agency shall not engage in the manufacturing, processing, sale, offering for sale, rental, leasing, delivery, dispensing, distributing or advertising of goods or services to the public that are also offered by private enterprise unless specifically authorized by law other than administrative law and executive orders.

B. A state agency shall not offer or provide goods or services to the public for or through another state agency or a local agency, including by intergovernmental or interagency agreement, in violation of this section or section 41-2753.

C. The restrictions on activities that compete with private enterprise contained in this section do not apply to:

1. The development, operation and management of state parks, historical monuments and hiking or equestrian trails.

2. Correctional industries established and operated by the state department of corrections if the prices charged for products sold by the correctional industries are not less than the actual cost of producing and marketing the product plus a reasonable allowance for overhead and administrative costs.

3. The office of tourism.

4. The Arizona highways magazine, operated by the department of transportation.

5. Printing and distributing information to the public if the agency is otherwise authorized to do so, and printing or copying public records or other material relating to the public agency's public business and recovering through fees and charges the costs of such printing, copying and distributing.

6. The department of public safety.

7. The construction, maintenance and operation of state transportation facilities.

8. The development, distribution, maintenance, support, licensing, leasing or sale of computer software by the department of transportation.

9. Agreements executed by the Arizona health care cost containment system administration with other states to design, develop, install and operate information technology systems and related services or other administrative services pursuant to section 36-2925.

10. Agreements executed by the department of economic security with other states to design, develop, install and operate support collection technology systems and related services.  The department shall deposit, pursuant to sections 35-146 and 35-147, monies received pursuant to this paragraph in the public assistance collections fund established by section 46-295.

11. Educational, vocational, treatment, training or work programs of the department of juvenile corrections and contracts between the department of juvenile corrections and this state, a political subdivision of this state or a private entity in order to provide employment or vocational educational experience.

12. The aflatoxin control technologies of the cotton research and protection council.

13. The lease or sublease of lands or buildings by the department of economic security pursuant to section 41-1958.

14. The Arizona commerce authority.

15. The Arizona game and fish commission, but only for the sale of goods or services and not firearms.

16. The lease or sublease of lands or buildings by the department of child safety pursuant to section 8-460.

17. Agreements executed by the department of child safety with other states to design, develop, install and operate support collection technology systems and related services. The department shall deposit, pursuant to sections 35-146 and 35-147, monies received pursuant to this paragraph in the child safety collections fund established by section 8-461.

18. The lease or sublease of state hospital lands or buildings by the department of health services.

19. The sale or lease of software, computer systems or intellectual property developed by the department of education or associated services provided for the sale or lease of software, computer systems or intellectual property by the department of education. The department shall deposit, pursuant to sections 35-146 and 35-147, sixty percent of the profit from the monies generated pursuant to this paragraph in the state general fund and the remaining forty percent in the department of education intellectual property fund established by section 15-231.04. The department of education may not transfer or expend monies or personnel resources for the purposes of marketing or soliciting goods or services authorized pursuant to this paragraph that were appropriated and authorized for other functions and programs of the department of education.

20. The lease or sublease of any real estate or related infrastructure by the department of emergency and military affairs pursuant to section 26-262, subsection K, paragraph 4.

D. The restrictions on activities that compete with private enterprise contained in subsection A of this section do not apply to community colleges and universities under the jurisdiction of a governing board.

E. For the purposes of this section, "profit" means any monies generated from the sale or lease of goods and services after accounting for the costs paid by this state, including appropriations from the state general fund.
A.R.S. § 41-260 — Arizona Code / Title 41 / Chapter 2 / Article 1 / Section 260
41-260 Notarial act under authority of federally recognized Indian tribes
Status: in_force

41-260. Notarial act under authority of federally recognized Indian tribes

A. A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by any of the following:

1. A notary public of the tribe.

2. A judge, clerk or deputy clerk of a court of the tribe.

3. Any other individual who is authorized by the laws of the tribe to perform the notarial act.

B. The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.

C. The signature and title of a notarial officer described in subsection A, paragraph 1 or 2 of this section conclusively establish the authority of the notarial officer to perform the notarial act.
A.R.S. § 41-563 — Arizona Code / Title 41 / Chapter 3 / Article 5 / Section 563
41-563 Expenditure limitations; determination by the commission; definitions
Status: in_force

41-563. Expenditure limitations; determination by the commission; definitions

A. For political subdivisions the commission shall:

1. Determine the base limit level of political subdivisions for each political subdivision subject to an expenditure limitation pursuant to article IX, section 20, Constitution of Arizona.  For the purposes of this subsection and subsection D of this section, the "base limit" of each political subdivision means the amount of actual payments of local revenues by such political subdivision in fiscal year 1979-1980 as used to determine the expenditure limitation pursuant to paragraph 4 of this subsection.

2. Determine and report to the governing board of each political subdivision subject to an expenditure limitation pursuant to article IX, section 20, Constitution of Arizona, prior to February 1 of each year, the following:

(a) The total of the estimated population of each such political subdivision as of July 1 of the prior year and the estimated population of any areas annexed by such political subdivisions thereafter, based on the population estimates developed by the department of economic security. The population of any areas annexed thereafter must be estimated as of July 1 of the prior year.

(b) The estimated change in the GDP price deflator used to determine the expenditure limitation for the following fiscal year over the GDP price deflator used to determine the expenditure limitation for the current fiscal year.

(c) The estimated expenditure limitation for each such political subdivision for the following fiscal year.

3. Determine and report to the governing board of each political subdivision subject to an expenditure limitation pursuant to article IX, section 20, Constitution of Arizona, prior to April 1 of each year, the following:

(a) The total of the population of each such political subdivision as of July 1 of the prior year and the population of any areas annexed by such political subdivisions thereafter. The population of any areas annexed thereafter must be estimated as of July 1 of the prior year.

(b) The estimated change in the GDP price deflator used to determine the expenditure limitation for the following fiscal year over the GDP price deflator used to determine the expenditure limitation for the current fiscal year.

(c) The expenditure limitation for each such political subdivision for the following fiscal year.

4. Determine the expenditure limitation for each political subdivision subject to an expenditure limitation pursuant to article IX, section 20, Constitution of Arizona, as follows:

(a) Determine the population of the political subdivision as of July 1, 1978.

(b) Determine the total population of the political subdivision as required by paragraph 3, subdivision (a) of this subsection.

(c) Divide the population determined in subdivision (b) of this paragraph by the population determined in subdivision (a) of this paragraph.

(d) Determine the estimated or actual GDP price deflator for the 1978 calendar year.

(e) Determine the estimated GDP price deflator for the calendar year immediately preceding the fiscal year for which the expenditure limitation is being determined.

(f) Divide the GDP price deflator determined in subdivision (e) of this paragraph by the GDP price deflator determined in subdivision (d) of this paragraph.

(g) Multiply the amount determined in paragraph 1 of this subsection for the political subdivision by the quotient determined in subdivision (c) of this paragraph and multiply the resulting product by the quotient determined in subdivision (f) of this paragraph.

5. If any annexation, consolidation or change in the boundaries of a political subdivision occurs after the determination and report required by paragraph 3 of this subsection but before July 1 of the current year, the commission, as promptly as feasible, shall redetermine the total population, calculated in paragraph 4, subdivision (b) of this subsection, of the political subdivisions affected by the annexation, consolidation or change in boundaries. The commission shall determine respective amended expenditure limitations based on the amended population, which shall be promptly reported to the governing board of each of the affected political subdivisions. The political subdivisions affected shall use the revised expenditure limitation if it is received before the annual financial statement and estimate of expenses is prepared as required by section 42-17101.

6. In the event of the creation of a new city or town, the base limit of the new city or town shall be determined by multiplying the average amount of actual fiscal year 1979-1980 per capita payments of local revenues for all cities and towns within the county in which the new city or town is located by the population of the new city or town.

7. In the event of the division of a county into two or more new counties, determine the expenditure limitation for each of the new counties or the consolidation of counties, pursuant to article IX, section 20, Constitution of Arizona, using one of the following two methods. The board of supervisors of each new county upon the affirmative vote of two-thirds of the members of the board of supervisors, on or before February 1 following the county's establishment, shall adopt one of the expenditure limitations determined:

(a) Method one:

(i) Determine the existing county which has a population closest to the population of the new county as of July 1 for the fiscal year preceding the fiscal year for which the expenditure limit is being determined.

(ii) Determine the per capita expenditure limit for the existing county determined in item (i) of this subdivision based on the amount determined in paragraph 3, subdivision (c) of this subsection for the first full fiscal year following the establishment of the new county government.

(iii) Multiply the per capita amount determined in item (ii) of this subdivision by the population of the new county as of July 1 in the fiscal year in which the new county government is established. The amount thus determined is the expenditure limit for the new county for the first full fiscal year following its establishment.

(iv) Determine a base limit for the new county which will yield the new expenditure limit determined in item (iii) of this subdivision for the first full fiscal year following the establishment of the new county government.

(b) Method two:

(i) Determine the per capita expenditure limit of the old county or counties for the last full fiscal year prior to the establishment of the new county government based upon the amount determined in paragraph 3, subdivision (c) of this subsection.

(ii) Multiply the per capita amount determined in item (i) of this subdivision by the population of the new county as of July 1 in the fiscal year in which the new county government is established. The amount thus determined is the expenditure limit for the new county for the first full fiscal year following its establishment.

(iii) Determine a base limit for the new county which will yield the new expenditure limit determined in item (ii) of this subdivision for the first full fiscal year following the establishment of the new county government.

8. If the governing board of a political subdivision authorizes expenditures in excess of the expenditure limitation determined pursuant to paragraph 4 of this subsection as provided in article IX, section 20, subsection (2), paragraph (b), subdivision (i), Constitution of Arizona, the expenditure limitation for such political subdivision for the following fiscal year shall be reduced by the amount of expenditures in excess of the limitation, unless the governing board has held an election as provided in article IX, section 20, subsection (2), paragraph (b), subdivision (ii), Constitution of Arizona, and the excess expenditure has been approved by a majority of the qualified electors voting in such election.

9. If the citizens of a political subdivision approve an increase or decrease in the expenditure limitation as provided in article IX, section 20, subsection (6), Constitution of Arizona, the base limit of a political subdivision shall be adjusted by the commission such that the expenditure limitation of the political subdivision for the fiscal year following approval reflects the approved increase or decrease.

B. For community college districts the commission shall:

1. Determine the base limit of each community college district subject to an expenditure limitation pursuant to article IX, section 21, Constitution of Arizona.  For the purposes of this subsection and subsection D of this section, the "base limit" of each community college district means the amount of expenditures of local revenues in fiscal year 1979-1980 as used to determine the expenditure limitation pursuant to paragraph 4 of this subsection.

2. Determine and report to the governing board of each community college district prior to February 1 of each year the following:

(a) The estimated student population, utilizing the procedure prescribed in section 15-1466.01, of each community college district for the following fiscal year.

(b) The estimated change in the GDP price deflator as prescribed in subsection A, paragraph 2, subdivision (b) of this section.

(c) The expenditure limitation for each community college district for the following fiscal year.

(d) The modified expenditure limitation as prescribed in section 15-1471, if applicable.

3. Determine and report to the governing board of each community college district prior to April 1 of each year the following:

(a) The student population, utilizing the procedure prescribed in section 15-1466.01, of each community college district for the following fiscal year.

(b) The estimated change in the GDP price deflator as prescribed in subsection A, paragraph 2, subdivision (b) of this section.

(c) The expenditure limitation for each community college district for the following fiscal year.

(d) The modified expenditure limitation as prescribed in section 15-1471, if applicable.

4. Determine the expenditure limitation for each community college district, as follows:

(a) Determine the student population of each community college district for fiscal year 1979-1980 using the definition of full-time equivalent student in section 15-1401 in 1979-1980, except that if a redefinition of full-time equivalent student changes the number of semester credit units per semester from fifteen units, the student population for the 1979-1980 base year shall be recalculated using the new number of units.

(b) Determine the estimated student population of each community college district for the fiscal year for which the expenditure limitation is being determined using the definition of full-time equivalent student in section 15-1401.

(c) Divide the student population determined in subdivision (b) of this paragraph by the student population determined in subdivision (a) of this paragraph.

(d) Determine the estimated or actual GDP price deflator for the 1978 calendar year.

(e) Determine the estimated GDP price deflator for the calendar year immediately preceding the fiscal year for which the expenditure limitation is being determined.

(f) Divide the GDP price deflator determined in subdivision (e) of this paragraph by the GDP price deflator determined in subdivision (d) of this paragraph.

(g) Multiply the amount determined in paragraph 1 of this subsection for the community college district by the quotient determined in subdivision (c) of this paragraph and multiply the resulting product by the quotient determined in subdivision (f) of this paragraph.

5. In the event of an annexation, creation of a new community college district or a consolidation or change in the boundaries of a community college district, the base limit of a community college district shall be adjusted by the commission according to the following guidelines:

(a) In the event of the creation of a new community college district, the base limit of the community college district shall be determined by multiplying the average amount of 1979-1980 per capita expenditures of local revenues for all community college districts within the state by the student population of the new community college district. The expenditure limit of the county in which the new community college district is located shall be reduced by the amount paid to other community college districts for tuition in the fiscal year preceding the fiscal year in which the new community college district is created.

(b) In the case of an annexation, consolidation or change in the boundaries of a community college district, the base limit of a community college district shall be adjusted by the commission to reflect the change by increasing the base limit of the community college district gaining the newly included territory and decreasing the base limit of the community college district losing the territory.

(c) If an existing community college district consolidates with a contiguous county not part of a community college district the commission shall:

(i) Increase the base limit of the existing community college district by an amount equal to the amount of revenue which would have been generated by applying the primary property tax rate of the existing community college district in the immediately prior year to the limited assessed valuation of the contiguous county in the immediately prior year.

(ii) Decrease the base limit of the contiguous county by the amount of reimbursement prescribed by section 15-1469, subsection B, paragraph 1, paid by such county in the 1979-1980 base year, except that no decrease shall be made to the base limit of such county if the reimbursement prescribed by section 15-1469, subsection B, paragraph 1 in the immediately prior year was paid by the state pursuant to section 15-1469.01.

(d) In the case of a decrease in service boundaries of a community college district, the base limit of the community college district shall be reduced by the commission to reflect the amount attributable to the service area in fiscal year 1979-1980 and the base student population of the community college district shall be reduced by the commission to reflect fiscal year 1979-1980 student population attributable to the service area. The adjusted base limit and the adjusted fiscal year 1979-1980 student population shall be used in determining the expenditure limitation for the community college district in the first year in which the service boundaries are diminished and in each subsequent year.

C. For school districts the commission shall:

1. Determine the base limit of school districts subject to the expenditure limitation prescribed by article IX, section 21, subsection (2), Constitution of Arizona.  For the purposes of this subsection and subsection D of this section, "base limit" means the total amount of expenditures of local revenues of all school districts in fiscal year 1979-1980 as used to determine the expenditure limitation pursuant to paragraph 4 of this subsection.

2. Determine and report to the legislature prior to March 1 of each year the following:

(a) The estimated total student population of all school districts for the current year.

(b) The estimated change in the GDP price deflator as prescribed in subsection A, paragraph 2, subdivision (b) of this section.

(c) The estimated aggregate expenditure limitation for all school districts for the following fiscal year.

3. Determine and report to the legislature, prior to May 1 of each year, the following:

(a) The total student population of all school districts for the current year.

(b) The estimated change in the GDP price deflator as prescribed in subsection A, paragraph 2, subdivision (b) of this section.

(c) The aggregate expenditure limitation for all school districts for the following fiscal year.

4. Determine the aggregate expenditure limitation for all school districts as follows:

(a) Determine the aggregate student population of all school districts for the school year 1978-1979.

(b) Determine the total student population of all school districts for the current year.

(c) Divide the aggregate student population determined in subdivision (b) of this paragraph by the aggregate student population in subdivision (a) of this paragraph.

(d) Determine the estimated or actual GDP price deflator for the 1978 calendar year.

(e) Determine the estimated GDP price deflator for the calendar year immediately preceding the fiscal year for which the aggregate expenditure limitation is being determined.

(f) Divide the GDP price deflator determined in subdivision (e) of this paragraph by the GDP price deflator determined in subdivision (d) of this paragraph.

(g) Multiply the amount determined in paragraph 1 of this subsection by the quotient determined in subdivision (c) of this paragraph and multiply the resulting product by the quotient determined in subdivision (f) of this paragraph.

D. In the case of a transfer of all or any part of the cost of providing a governmental function, pursuant to article IX, section 20, subsection (4), Constitution of Arizona, or article IX, section 21, subsection (5), Constitution of Arizona, the base limit of political subdivisions, community college districts or school districts, whichever is applicable, shall be adjusted by the commission to reflect the transfer by increasing the base limit of the political subdivision, community college district or school district to which the cost is transferred and decreasing the base limit of the political subdivision, community college district or school district from which the cost is transferred by the amount of the cost of the transferred governmental function.

E. For the purposes of this section:

1. "Commission" means the economic estimates commission.

2. "GDP price deflator" means the average of the four implicit price deflators for the gross domestic product reported by the United States department of commerce for the four quarters of the calendar year.

3. "Political subdivision" means any county, city, including any charter city, or town.

4. "Population" shall be defined pursuant to article IX, section 20, subsection (3), paragraph (f), Constitution of Arizona.

5. "Student population" shall be defined pursuant to article IX, section 21, subsection (4), paragraph (e), Constitution of Arizona.
A.R.S. § 41-1749 — Arizona Code / Title 41 / Chapter 12 / Article 3 / Section 1749
41-1749 Communications section; duties
Status: in_force

41-1749. Communications section; duties

A. The communications section may install and operate all means of communications, including a police radio broadcasting system, which shall be best suited for the dissemination of information with regard to the apprehension of violators of the law and for the coordination of the activities and functions of the law enforcement agencies of the state, counties, cities or towns. It shall cooperate with county and municipal police authorities and with police radio stations in this state and in other states.

B. The communications section shall be responsible for the installation and operation of all computers and data processing equipment, and the design and development of all procedures and computer programs for information processing and tele-communications, to serve all divisions of the department.

C. The communications section shall provide for the rapid exchange of information, concerning the commission of crimes and the detection of violators of the law, between the law enforcement agencies of this state, its counties and municipalities and other states and the federal government.
A.R.S. § 41-608.04 — Arizona Code / Title 41 / Chapter 3 / Article 7 / Section 608.04
41-608.04 Military family relief fund; subaccounts; advisory committees; definitions
Status: in_force

41-608.04. Military family relief fund; subaccounts; advisory committees; definitions

(Rpld. 1/1/27)

A. The military family relief fund is established through December 31, 2026.  The fund consists of private donations, grants, bequests and any other monies received for that purpose.

B. The pre-9/11 veterans subaccount and post-9/11 veterans subaccount of the military family relief fund are established. The department shall administer the fund and subaccounts. On notice from the director, the state treasurer shall invest and divest monies in the subaccounts as provided by section 35-313, and monies earned from investment shall be credited to the subaccounts. The monies in the subaccounts are continuously appropriated to the department solely for the purposes described in this section. Any monies remaining unexpended and unencumbered on December 31, 2026 shall be transferred for deposit in the veterans' donations fund established by section 41-608.

C. The post-9/11 military family relief advisory committee is established to determine appropriate uses of the monies in the post-9/11 veterans subaccount as provided by this section.  The post-9/11 military family relief advisory committee consists of the director or the director's designee and twelve additional members, including widows and widowers of military personnel who died in the line of duty, military retirees, veterans who have a service-connected disability and their family members, Arizona army and air national guard unit commanders and active and retired senior enlisted military personnel.  Except for the director, the governor shall appoint the members based on recommendations by the director, the adjutant general and commanders of military bases in this state.  Appointed members serve at the pleasure of the governor. The post-9/11 military family relief advisory committee shall elect a chairperson from among the appointed members.

D. The post-9/11 military family relief advisory committee shall:

1. Establish criteria for the use of monies in the post-9/11 veterans subaccount.

2. Establish and revise as necessary the application process for financial assistance.

3. Review and evaluate applications.

4. Make other recommendations as necessary.

E. The pre-9/11 military family relief advisory committee is established to determine appropriate uses of the monies in the pre-9/11 veterans subaccount as provided by this section.  The pre-9/11 military family relief advisory committee consists of the director or the director's designee and twelve additional members, including widows and widowers of military personnel who died in the line of duty, military retirees, veterans who have a service-connected disability and their family members, Arizona army and air national guard unit commanders and active and retired senior enlisted military personnel. Except for the director, the governor shall appoint the members based on recommendations by the director, the adjutant general and commanders of military bases in this state. Appointed members serve at the pleasure of the governor. The pre-9/11 military family relief advisory committee shall elect a chairperson from among the appointed members.

F. The pre-9/11 military family relief advisory committee shall:

1. Establish criteria for the use of monies in the pre-9/11 veterans subaccount.

2. Establish and revise as necessary the application process for financial assistance.

3. Review and evaluate applications.

4. Make other recommendations as necessary.

G. The advisory committees may establish subcommittees, consisting of not more than five members of the full committees, to recommend approval of a grant to an applicant of not more than $3,000.

H. Notwithstanding section 38-431.03, the subcommittees may meet in executive session without advance notice.  The full advisory committees may meet in executive session, with notice pursuant to section 38-431.02, to review and evaluate applications or review recommendations of the subcommittees. Applications for financial assistance and all committee considerations and evaluations of the applications are confidential.

I. The monies in the post-9/11 veterans subaccount shall be used to provide financial assistance pursuant to this subsection.  The service member of an applying family must have been deceased, wounded or injured or become seriously ill after September 11, 2001 and been deployed from a military base in this state after September 11, 2001, claimed this state as the service member's home of record, been a member of the Arizona national guard at the time of deployment or established residency in this state and be able to provide proof of continuous physical presence in this state for at least twelve months before submitting an application. If discharged from military service, the service member must have been discharged under honorable conditions. The assistance shall be based on financial need as a result of the service member's military service up to $20,000 per family. Eligible assistance is as follows:

1. Widows, widowers or dependent children of service members who died in the line of duty in a combat zone or a zone where the person was receiving hazardous duty pay may apply for a stipend for living expenses for up to six months. For the purposes of the stipend, qualifying living expenses are residential mortgage, rent and utility payments and other basic living expenses. Payments with respect to any deceased person under this paragraph are limited to a total of $20,000.

2. An immediate family member may apply for payment of costs of temporary residence near the medical facility where the service member or former service member is being treated, including living, travel and housing expenses. Payments may be payable in monthly installments as long as the person is hospitalized or receiving medical care or rehabilitation services as authorized by military or veterans' medical personnel.

3. An immediate family member, service member or former service member may apply for:

(a) Living expenses.

(b) Other appropriate expenses as determined by the post-9/11 military family relief advisory committee.

J. The monies in the pre-9/11 veterans subaccount shall be used to provide financial assistance pursuant to this subsection.  The service member of an applying family must have been deceased, wounded or injured or become seriously ill on or before September 11, 2001 and been deployed from a military base in this state on or before September 11, 2001, claimed this state as the service member's home of record, been a member of the Arizona national guard at the time of deployment or established residency in this state and be able to provide proof of continuous physical presence in this state for at least twelve months before submitting an application. If discharged from military service, the service member must have been discharged under honorable conditions. The assistance shall be based on financial need as a result of the service member's military service up to $20,000 per family. Eligible assistance is as follows:

1. Widows, widowers or dependent children of service members who died in the line of duty in a combat zone or a zone where the person was receiving hazardous duty pay may apply for a stipend for living expenses for up to six months. For the purposes of the stipend, qualifying living expenses are residential mortgage, rent and utility payments and other basic living expenses. Payments with respect to any deceased person under this paragraph are limited to a total of $20,000.

2. An immediate family member may apply for payment of costs of temporary residence near the medical facility where the service member or former service member is being treated, including living, travel and housing expenses. Payments may be payable in monthly installments as long as the person is hospitalized or receiving medical care or rehabilitation services as authorized by military or veterans' medical personnel.

3. An immediate family member, service member or former service member may apply for:

(a) Living expenses.

(b) Other appropriate expenses as determined by the pre-9/11 military family relief advisory committee.

K. The director may allocate up to ten percent of the donations received for the actual reasonable costs of administering the subaccounts and the financial assistance program under this section, including the hiring of an employee to process applications and provide support to the committee.  The department shall provide reasonable office space and other necessary resources for the employee.

L. The director shall receive private donations for deposit in the subaccounts and issue receipts to the donors. A donor shall designate the subaccount in which the donor wishes the donation to be deposited as follows:

1. One hundred percent of the donation to be deposited in the pre-9/11 veterans subaccount.

2. One hundred percent of the donation to be deposited in the post-9/11 veterans subaccount.

3. Fifty percent of the donation to be deposited in the pre-9/11 veterans subaccount and fifty percent of the donation to be deposited in the post-9/11 veterans subaccount.

M. Private donations may qualify for the purposes of income tax credits under section 43-1086. The director may receive donations in any amount, but donations that qualify for tax credits are subject to the limits prescribed by section 43-1086. Donations to the subaccounts that otherwise qualify under the tax credit limits prescribed by section 43-1086 but that exceed a combined total of $1,000,000 in any calendar year, on a first-come, first-served basis, do not qualify for the income tax credits. The director shall provide the taxpayer a donation receipt, which shall include the taxpayer's full name and address, the last four digits of the taxpayer's social security number and the amount of the donation. The director shall designate on the donation receipt whether the donation qualifies under the limits prescribed by this subsection and section 43-1086. The director shall send a record of receipts that qualify under this subsection to the department of revenue.

N. On or before March 31 of each year, the director shall provide for an audit by an independent certified public accountant of the subaccounts and of the aggregate amount authorized by the director for income tax credits under subsection M of this section. The director shall promptly submit a certified copy of the audit to the auditor general. The auditor general may make further audits and examinations as necessary and may take appropriate action relating to the audit or examination pursuant to chapter 7, article 10.1 of this title. If the auditor general does not take further action within thirty days after the audit is filed, the audit is considered to be sufficient. The director shall pay the costs of the certified public accountant and the auditor general from the administration allocation under subsection K of this section.

O. For the purposes of this section:

1. "Established residency" means that a service member has obtained a valid Arizona driver license, Arizona nonoperating license, Arizona motor vehicle registration or community service organization verification of homeless status and Arizona residency.

2. "Continuous physical presence" means that a service member has a documented place of habitation and is living in this state or has community service organization verification of homeless status and continuous physical presence in this state.
A.R.S. § 41-1492.09 — Arizona Code / Title 41 / Chapter 9 / Article 8 / Section 1492.09
41-1492.09 Enforcement by the attorney general; sanctions; use of sanction monies
Status: in_force

41-1492.09. Enforcement by the attorney general; sanctions; use of sanction monies

A. The attorney general shall investigate all alleged violations of this article. These allegations must be filed within one hundred eighty days after the occurrence or the termination of the alleged discriminatory practice, shall be in writing under oath and shall be in such form as the attorney general requires. The attorney general shall undertake periodic reviews of compliance of covered entities under this article. If the attorney general concludes at any time after the filing of a complaint of alleged violation, or as a result of a periodic compliance review, that prompt judicial action is necessary to carry out the purpose of this article, the attorney general may file a civil action for appropriate temporary or preliminary relief pending final disposition of the complaint or compliance review. If, after investigation, the attorney general determines that reasonable cause exists to believe this article is being violated, the attorney general shall attempt for a period of not more than thirty days to effectuate a conciliation agreement. If no conciliation agreement has been reached after thirty days, the attorney general may file a civil action in an appropriate court. If the attorney general determines that no reasonable cause exists to believe that a violation of this article 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 the person or entity complained against. If the attorney general finds reasonable cause to believe that a party has breached a conciliation agreement, the attorney general shall file a civil action for enforcement of the agreement.

B. In any civil action brought under this article, the court:

1. May grant any equitable relief that the court considers to be appropriate, including, to the extent required by this title:

(a) Granting temporary, preliminary or permanent relief.

(b) Providing an auxiliary aid or service, a modification of a policy, practice or procedure or an alternative method.

(c) Making facilities readily accessible to and usable by individuals with disabilities.

2. May award such other relief as the court considers appropriate, including monetary damages to aggrieved persons. For the purposes of this paragraph, monetary damages and such other relief do not include punitive damages.

C. In an action brought by the attorney general, the court, to vindicate the public interest, may assess a civil penalty against the covered person or entity in an amount of not more than:

1. $5,000 for a first violation.

2. $10,000 for any subsequent violation.

D. For the purposes of subsection C of this section, in determining whether a first or subsequent violation has occurred, a determination in a single action, by judgment or settlement, that the covered person or entity has engaged in more than one discriminatory act shall be deemed a single violation.

E. In a civil action brought by the attorney general, when considering what amount of civil penalty, if any, is appropriate, the court shall give consideration to any good faith effort or attempt to comply with this article by the entity. In evaluating good faith, the court shall consider, among other factors it deems relevant, whether the entity could have reasonably anticipated the need for an appropriate type of auxiliary aid needed to accommodate the unique needs of a particular individual with a disability.

F. In any action or proceeding under this section, the court may allow the prevailing party, other than the attorney general, reasonable attorney fees as part of the costs.

G. If appropriate, and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, fact-finding, mini-trials and arbitration, is encouraged to resolve disputes arising under this article.

H. In addition to any sanction that the court may award to a party pursuant to any rule or law in any civil action brought under this article, the court may impose a sanction on a plaintiff or the plaintiff's attorney if the court determines that an action or series of actions is brought under this article for the primary purpose of obtaining a payment from the defendant due to the costs of defending the action in a court.  When imposing a sanction, the court may consider the totality of the abusive litigation-related practices of the plaintiff and the plaintiff's attorney.

I. If the court imposes a sanction pursuant to subsection H of this section, the court may order a party to pay a part of the sanction to the governor's office of youth, faith and family and, if ordered, the parties must notify the governor's office of youth, faith and family of the court's order.  The governor's office of youth, faith and family must use these monies for the following purposes:

1. To educate covered persons or entities about the person's or entity's obligations under this article.

2. To award attorney fees to claimants who file a meritorious complaint with the attorney general and who resolve the complaint without litigation.
A.R.S. § 41-511.12 — Arizona Code / Title 41 / Chapter 3 / Article 1.1 / Section 511.12
41-511.12 Annual report
Status: in_force

41-511.12. Annual report

Not later than December 31 each year the board shall deliver to the governor, the director of the department of administration and the legislature an annual report of the finances, goals and accomplishments of the board during the preceding fiscal year.
A.R.S. § 41-603 — Arizona Code / Title 41 / Chapter 3 / Article 7 / Section 603
41-603 Powers and duties
Status: in_force

41-603. Powers and duties

A. The department may act as guardian of an incapacitated veteran, the incapacitated spouse of a veteran or minor children of a veteran, or as conservator of the estate of a protected veteran or of the veteran's incapacitated or surviving spouse or of the minor children of a veteran.  The department may act in all fiduciary matters, including as power of attorney, trustee, custodian or representative payee of a veteran, spouse of a veteran or minor child of a veteran. The department may act as the personal representative of the estate of a deceased veteran, deceased spouse of a veteran or deceased child of a veteran.

B. The department shall:

1. Assist veterans and their families and dependents in presenting, providing and establishing claims, privileges, rights and benefits they may have under federal, state or local law.

2. Inform veterans and their families and dependents and military and civilian authorities about federal, state and local laws enacted to benefit veterans and their families and dependents and members of the armed forces.

3. Collect information relating to services and facilities available to veterans.

4. Cooperate with all government and private agencies receiving services for or benefits to veterans and their families and dependents.

5. Conduct administrative reviews and, if possible, correct abuses or prevent exploitation of veterans and their families or dependents and recommend corrective legislation.

6. Adopt rules deemed necessary to administer this article.

7. Enter into agreements with veterans' organizations in this state holding a charter granted by the Congress of the United States for the beneficial interest of veterans.

8. Verify and provide written confirmation to the person of eligibility for special license plates issued pursuant to section 28-2475 by determining that all of the following are true:

(a) The person was a member of the United States armed forces on December 7, 1941.

(b) The person received an honorable discharge from the United States armed forces.

(c) The person was on station on December 7, 1941, during the hours of 7:55 a.m. to 9:45 a.m., Hawaii time at Pearl Harbor, the Island of Oahu or offshore, at a distance not exceeding three miles.

9. Evaluate, supervise, approve and disapprove programs offered by educational institutions and training establishments pursuant to United States Code titles 10 and 38 and state rules, so that veterans and their dependents may draw the educational allowance provided by federal law while pursuing approved programs.

10. Establish an application process for the Arizona gold star military medal, shall verify the eligibility of recipients and, if funding is available, may award the Arizona gold star military medal to an eligible individual.

C. The department may:

1. Acquire property for and construct and operate veterans' home facilities in this state.

2. Acquire property for and establish and operate cemeteries for veterans in this state.

3. Establish a training center to provide training to current or potential employees and the veteran community. The department may establish a fee for this training.

4. Subject to legislative appropriation and as authorized by the burial equity for guards and reserves act (P.L. 117-103; 136 Stat. 1109), provide burial services in state veterans' cemeteries for members of the Arizona national guard and the United States armed forces reserves if the member's service was terminated under honorable conditions.
A.R.S. § 41-1507 — Arizona Code / Title 41 / Chapter 10 / Article 1 / Section 1507
41-1507 Tax credit for increased research activity; qualification for refund
Status: in_force

41-1507. Tax credit for increased research activity; qualification for refund

A. The authority shall receive applications and evaluate and certify taxpayers who otherwise qualify for income tax credits for increased research activities to further qualify for income tax refunds.

B. An application for a refund of the taxpayer's credit must include:

1. The taxpayer's name, address and taxpayer identification number and a telephone number and e-mail address of a person responsible for the application.

2. A general description of the taxpayer's business and the research activities conducted by the taxpayer.

3. The number of full-time employees on the taxpayer's payroll on the last day of the taxpayer's taxable year.  Only taxpayers employing fewer than one hundred fifty full-time employees qualify for a refund of the taxpayer's income tax credit.

4. The amount of the taxpayer's income tax credit for the taxable year.

5. Any other information required by the authority.

C. Each application shall include a processing fee equal to one per cent of the taxpayer's tax credit being refunded.

D. The authority shall process and evaluate each application and within thirty days after receiving the application either:

1. Issue to the applicant a certificate of qualification for the refund.

2. Notify the applicant of denial of the application with specific reasons for the denial.  A denial of the application does not preclude a subsequent application if the applicant is able to correct any error or deficiency.

E. The authority shall not approve refunds exceeding a total of five million dollars in any calendar year.  Refunds are allowed on a first come, first served basis, according to the date of application.  An approved amount applies against the dollar limit for the year in which the application was submitted.  If, at the end of any year, an unused balance occurs under the dollar limit prescribed by this subsection, the balance shall be reallocated for the purposes of this section in the following year.

F. The authority, with the cooperation of the department of revenue, shall adopt rules and publish and prescribe forms and procedures as necessary to effectuate the purposes of this section.
A.R.S. § 41-318 — Arizona Code / Title 41 / Chapter 2 / Article 2 / Section 318
41-318 Wilful destruction of records; penalty
Status: in_force

41-318. Wilful destruction of records; penalty

Any person who knowingly destroys, defaces or conceals any journal entry or records belonging to the office of a notary public shall forfeit to the state an amount not exceeding five hundred dollars and shall be liable for damages to any party injured thereby.
A.R.S. § 41-262 — Arizona Code / Title 41 / Chapter 2 / Article 1 / Section 262
41-262 Foreign notarial act; definition
Status: in_force

41-262. Foreign notarial act; definition

A. If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the laws of this state as if performed by a notarial officer of this state.

B. If the title of office and indication of authority to perform notarial acts in a foreign state appear in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.

C. The signature and official stamp of an individual holding an office described in subsection B of this section are prima facie evidence that the signature is genuine and that the individual holds the designated title.

D. An apostille in the form prescribed by the Hague convention of October 5, 1961 and issued by a foreign state party to the Convention conclusively establishes that the signature of the notarial officer is genuine and that the notarial officer holds the indicated office.

E. A consular authentication issued by an individual designated by the United States department of state as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the notarial officer holds the indicated office.

F. For the purposes of this section, "foreign state" means a government other than the United States, a state or a federally recognized Indian tribe.
A.R.S. § 41-1661 — Arizona Code / Title 41 / Chapter 11 / Article 6 / Section 1661
41-1661 Definitions
Status: in_force

41-1661. Definitions

In this article, unless the context otherwise requires:

1. "Academy" means the correctional officer training academy.

2. "Board" means the Arizona peace officer standards and training board.

3. "Correctional officer" means a person, other than an elected official, who is employed by this state or a county, city or town and who is responsible for the supervision, protection, care, custody or control of inmates in a state, county or municipal correctional institution, including counselors but excluding secretarial, clerical and professionally trained personnel.

4. "Director" means the director of the state department of corrections.

5. "Employing agency" means this state or the county or municipal agency which employs correctional officers.
A.R.S. § 41-1519 — Arizona Code / Title 41 / Chapter 10 / Article 1 / Section 1519
41-1519 Computer data center tax relief; definitions
Status: in_force

41-1519. Computer data center tax relief; definitions

A. From and after August 31, 2013, tax relief is allowed for the owner or operator of a computer data center certified pursuant to this section.  The same tax relief is allowed for qualified colocation tenants of the computer data center. All tax relief applies during the qualification period.

B. To qualify for the tax relief, the owner or operator shall submit to the authority an application on a form prescribed by the authority that includes all of the following:

1. The owner's or operator's name, address and telephone number.

2. The address of the site where the facility is or will be located, including, if applicable, information sufficient to identify the specific portion or portions of the facility composing the computer data center.

3. If the computer data center is to qualify under subsection E, paragraph 1 of this section, both of the following:

(a) The anticipated investment associated with the computer data center for which the tax relief is being sought and whether the computer data center is anticipated to qualify as a sustainable redevelopment project.

(b) An affirmation, signed by an authorized executive representing the owner or operator, that the computer data center is expected to satisfy one of the certification requirements prescribed in subsection E, paragraph 1 of this section and that the computer data center will not violate subsection M of this section.

4. If the computer data center is to qualify under subsection E, paragraph 2 of this section, an affirmation, signed by an authorized executive representing the owner or operator, that the computer data center has satisfied the certification requirements prescribed in subsection E, paragraph 2 of this section, whether the computer data center qualifies as a sustainable redevelopment project and that the computer data center will not violate subsection M of this section.

C. Within sixty days after receiving a complete and correct application, the authority shall review the application and either issue a written certification that the computer data center qualifies for the tax relief or provide written reasons for its denial.  Failure to approve or deny the application within sixty days after the date the owner or operator submits the application to the authority constitutes approval of the computer data center, and the authority shall issue written certification to the owner or operator within fourteen days. The effective date of the certification is either the date on which the application was submitted to the authority or a prospective date stated in the application that does not exceed five years after the date on which the application was submitted. The authority shall send a copy of the certification, including its effective date, to the department of revenue. The authority shall not certify any new computer data center that submits an application to the authority after December 31, 2033.

D. An owner or operator may separate a facility into one or more computer data centers, which may each receive a separate certification if each computer data center individually meets the requirements prescribed in subsection E of this section.  A portion of a facility or an article of computer data center equipment shall not be deemed to be a part of more than one computer data center.  The owner or operator may aggregate one or more of the parcels, buildings, condominiums or modular data centers in a facility into a single computer data center if, in the aggregate, the parcels, buildings, condominiums and modular data centers meet the requirements of subsection E of this section.

E. A computer data center must meet one of the following requirements after taking into account the combined investments made by the owner, operator or qualified colocation tenants of a computer data center:

1. On or before the fifth anniversary of certification, the computer data center creates a minimum investment of at least:

(a) $25,000,000 of new investment, including costs of land, buildings, improvements, modular data centers and computer data center equipment, whether owned or leased or paid for pursuant to a right to use agreement, if the computer data center is located in a county with a population of eight hundred thousand or less persons.

(b) $50,000,000 of new investment, including costs of land, buildings, improvements, modular data centers and computer data center equipment, whether owned or leased or paid for pursuant to a right to use agreement, if the computer data center is located in a county with a population of more than eight hundred thousand persons.

2. During the seventy-two months immediately before September 1, 2013, the computer data center created an investment of at least $250,000,000, including costs of land, buildings, improvements, modular data centers and computer data center equipment, whether owned or leased or paid for pursuant to a right to use agreement.

F. On or before the fifth anniversary of the certification of a new computer data center, the owner or operator shall notify the authority in writing that the computer data center for which the certification is requested has or has not satisfied the requirements prescribed in subsection E, paragraph 1 of this section. Until a new computer data center satisfies the requirements prescribed in subsection E, paragraph 1 of this section, the owner or operator shall keep detailed records of all investment created by the new computer data center, including costs of land, buildings, improvements, modular data centers and computer data center equipment, and all tax relief directly received by the owner or operator. This subsection does not apply to an existing computer data center.

G. If the authority determines that:

1. A new computer data center that is certified under subsection E, paragraph 1 of this section has not complied with the requirements and time periods prescribed by subsection E, paragraph 1 of this section, the authority shall revoke the computer data center's certification. If the certification is revoked, the qualification period of any owner, operator or qualified colocation tenant of the computer data center automatically terminates, and the department of revenue may recapture all or part of the tax relief provided directly to the owners and operators.  A qualified colocation tenant is not subject to recapture of any part of tax relief received pursuant to this section, except that a contributing qualified colocation tenant may be subject to recapture if it is located in a computer data center that is certified from and after August 31, 2016.  An owner or operator may appeal any revocation under this paragraph pursuant to chapter 6, article 10 of this title.

2. There has been a violation of subsection M of this section with respect to a computer data center:

(a) The authority shall revoke the computer data center's certification and, if revoked, the qualification period of any owner, operator or qualified colocation tenant of the computer data center automatically terminates.

(b) The department of revenue may not recapture any tax relief provided directly to the owner, operator or qualified colocation tenant before the date of revocation.

(c) An owner or operator may appeal any revocation under this paragraph pursuant to chapter 6, article 10 of this title.

H. The authority and the department of revenue shall adopt rules and prescribe forms and procedures as necessary for the purposes of this section. The authority and the department shall collaborate in adopting rules as necessary to avoid duplication and inconsistencies while accomplishing the purposes of this section.  The authority has exclusive authority over issues related to certification, including determinations as to whether a computer data center has satisfied the requirements of subsection E of this section, constitutes a qualified sustainable redevelopment project or has committed a violation of this section.  The department of revenue has exclusive authority over the administration of tax relief.

I. Proprietary business information contained in the application described in subsection B of this section, the written notice described in subsection F of this section and the list described in subsection J of this section are confidential and shall not be disclosed to the public except that the information shall be transmitted to the department of revenue. The authority or the department may disclose the name of a computer data center that has been certified pursuant to this section.

J. The owner or operator shall provide the authority and the department of revenue with a list of qualified colocation tenants, including the commencement and expiration dates of each qualified colocation tenant's agreement to use or occupy all or part of the computer data center, and shall notify the authority and the department of any changes within thirty days. The failure of an owner or operator to provide the list or notify the authority and department of revenue of changes within the required time is not grounds for termination of the computer data center's certification, but may preclude unlisted colocation tenants from receiving tax relief until the list is provided or updated.

K. Except as provided in subsection G of this section, if a computer data center has been certified, the certification remains in effect, even in the event of a future transfer, sale or disposition, directly or indirectly, of the computer data center.

L. For the purposes of qualifying and continuing as a sustainable redevelopment project:

1. After receiving certification, an owner may substantially demolish all or part of an existing building to the extent reasonably necessary to accommodate future computer data center use, and the demolition is not cause for loss of certification as a sustainable redevelopment project. An existing building that has been substantially demolished before certification is not eligible to qualify as a sustainable redevelopment project.

2. An owner or operator may expand the boundaries of a certified computer data center by increasing the size of an existing building within a sustainable redevelopment project or by building additional improvements in an unlimited manner to the extent the expansion is constructed on the same parcel of land on which the original sustainable redevelopment project is located or on a contiguous parcel, regardless of whether the contiguous parcel was within the original description of the boundaries of the certified computer data center.  Expansion activities do not prevent a facility from maintaining its classification as a sustainable redevelopment project.

3. All construction activities and investments related to demolition and expansion activities described in this subsection are considered to be a part of the sustainable redevelopment project.

M. This section does not allow a computer data center to do either of the following:

1. Generate electricity for resale purposes.

2. Generate, provide or sell electricity outside of the computer data center.

N. The owner or operator may be a single individual or entity or multiple affiliated entities.

O. For the purposes of this section:

1. "Computer data center" means all or part of a facility that may be composed of multiple businesses or owners, that is or will be predominantly used to house working servers and that may have uninterruptible energy supply or generator backup power, or both, cooling systems, towers and other temperature control infrastructure.

2. "Computer data center equipment" means equipment that is used to outfit, operate or benefit a computer data center and component parts, installations, refreshments, replacements and upgrades to this equipment, regardless of whether affixed to or incorporated into real property, and whether owned, leased or used by the owner or operator pursuant to a contract for the right to use the equipment, including:

(a) All equipment necessary for the transformation, generation, distribution or management of electricity that is required to operate computer server equipment, including generators, uninterruptible energy, supplies, conduit, gaseous fuel piping, cabling, duct banks, switches, switchboards, batteries and testing equipment.

(b) All equipment necessary to cool and maintain a controlled environment for the operation of the computer server and other components of the computer data center, including mechanical equipment, refrigerant piping, gaseous fuel piping, adiabatic and free cooling systems, cooling towers, water softeners, air handling units, indoor direct exchange units, fans, ducting and filters.

(c) All water conservation systems, including facilities or mechanisms that are designed to collect, conserve and reuse water.

(d) All enabling software, computer server equipment, chassis, networking equipment, switches, racks, cabling, trays and conduit.

(e) All monitoring equipment and security systems.

(f) Modular data centers and preassembled components of any item described in this paragraph, including components used in the manufacturing of modular data centers.

(g) Other tangible personal property that is essential to the operations of a computer data center.

3. "Contributing qualified colocation tenant" means a qualified colocation tenant that is an operator or that had its anticipated investment included in an application for certification for the purposes of satisfying subsection E, paragraph 1 of this section.

4. "Existing building" means any existing vertical building improvement located at a facility used for commercial purposes at the time of its acquisition by an owner, but not including single family residential structures, barns or other agricultural structures.

5. "Existing computer data center" means a computer data center that is certified under subsection E, paragraph 2 of this section.

6. "Facility" means one or more parcels of land in this state and any structures and personal property contained on the land.

7. "Investment" means all monies spent to acquire a facility regardless of prior use and all monies spent to construct or expand a computer data center, including costs of land, buildings, improvements, modular data centers and computer data center equipment.  For new data centers, investment includes all costs incurred on or after a date that is thirty days before the date the application is submitted to the authority.

8. "Modular data center" means a portable system of information technology, climate control, energy supply and energy distribution machinery, equipment and related tangible personal property contained in an intermodal freight container or similar structure.

9. "New computer data center" means a computer data center that is certified under subsection E, paragraph 1 of this section.

10. "Operator" means any individual or entity that operates a computer data center as an operator or lessor or pursuant to a contract with an owner or lessor.  Operator includes a licensed property management company, a property lessor or any other individual or entity responsible for the control, oversight or maintenance of a facility.

11. "Qualification period" means:

(a) With respect to the owner or operator of a computer data center, a period of time beginning on the effective date of the computer data center's certification and expiring at the end of the tenth full calendar year following the calendar year containing the effective date, except, if a computer data center is a sustainable redevelopment project, qualification period means a period of time beginning on the effective date of the computer data center's certification and expiring at the end of the twentieth full calendar year following the calendar year containing the effective date.

(b) With respect to the qualified colocation tenant of the owner or operator of a computer data center certified under this section, a period of time beginning on the date that the qualified colocation tenant enters into an agreement concerning the use or occupancy of the computer data center and expiring at the earlier of the expiration of the term of the agreement or the tenth full calendar year following the calendar year in which the qualified colocation tenant entered into the agreement, except, if a computer data center is a sustainable redevelopment project, qualification period means a period of time beginning on the date that the qualified colocation tenant enters into an agreement concerning the use or occupancy of the computer data center and expiring at the earlier of the expiration of the term of the agreement or the twentieth full calendar year following the calendar year in which the tenant entered into the agreement.  The qualification period for a qualified colocation tenant may not extend beyond the qualification period for the owner or operator of the computer data center.

12. "Qualified colocation tenant" means an entity that contracts with the owner, the operator or another qualified colocation tenant of a computer data center that is certified pursuant to this section to use or occupy all or part of the computer data center for at least five hundred kilowatts per month for a period of two or more years.

13. "Sustainable redevelopment project" means a computer data center that satisfies the requirements in subsection E of this section and is either:

(a) A newly constructed data center, with at least a $200,000,000 investment, that attains certification under the energy star or green globes standard, the leadership in energy and environmental design green building rating standard developed by the United States green building council or an equivalent green building standard and was not previously certified under these standards.

(b) A data center that occupies an existing facility that either:

(i) Was at least fifty percent vacant for six of the twelve consecutive months before the acquisition by purchase or lease of or with respect to the facility.

(ii) Attains certification under the energy star or green globes standard, the leadership in energy and environmental design green building rating standard developed by the United States green building council or an equivalent green building standard and was not previously certified under these standards.

14. "Tax relief" means the deductions of the gross proceeds of sale or gross income from the sale, use, installation, assembly, repair or maintenance of computer data center equipment as prescribed by sections 42-5061, 42-5075, 42-5159 and 42-6004 for use at a computer data center.
A.R.S. § 41-1673 — Arizona Code / Title 41 / Chapter 11 / Article 7 / Section 1673
41-1673 Application of other laws
Status: in_force

41-1673. Application of other laws

A. An offender employed under this article is not eligible for unemployment compensation benefits under title 23, chapter 4.

B. An enterprise operating on correctional facility premises under this article is subject to all laws and rules otherwise governing the operation of similar enterprises in this state.
A.R.S. § 41-1613 — Arizona Code / Title 41 / Chapter 11 / Article 2 / Section 1613
41-1613 Community correctional centers; powers and duties; allocation of compensation; absence without leave; classification; notice
Status: in_force

41-1613. Community correctional centers; powers and duties; allocation of compensation; absence without leave; classification; notice

A. The director may:

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

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

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

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

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

E. Before incurring any obligation for the establishment or any change of use of a community correctional center, the department shall give notice pursuant to section 41-1604.19.  The county, city, town and school district may contest establishment of a community correctional center by written objection filed with the department within thirty days after receiving notice and may request a hearing pursuant to chapter 6, article 6 of this title.
A.R.S. § 41-2566 — Arizona Code / Title 41 / Chapter 23 / Article 4 / Section 2566
41-2566 Specifications prepared by architects and engineers
Status: in_force

41-2566. Specifications prepared by architects and engineers

All specifications, including those prepared by architects, engineers, consultants and others for public contracts, shall seek to promote overall economy for the purposes intended and encourage competition in satisfying this state's needs and shall not be unduly restrictive.
A.R.S. § 41-1518 — Arizona Code / Title 41 / Chapter 10 / Article 1 / Section 1518
41-1518 Capital investment incentives; evaluation; certification; definitions
Status: in_force

41-1518. Capital investment incentives; evaluation; certification; definitions

A. The Arizona commerce authority shall receive and evaluate applications that are submitted by qualified investors to receive a tax credit pursuant to section 43-1074.02 for qualified investments made in a qualified small business and shall certify to the department of revenue the names, amounts and other relevant information relating to the applicants.

B. To be eligible for a tax credit pursuant to this section and section 43-1074.02, a qualified investor shall file an application with the authority within ninety days after making a qualified investment. The application, on a form prescribed by the authority, shall include:

1. The name, address and federal income tax identification number of the applicant.

2. The name and federal employer identification number of the qualified small business that received a qualified investment made by the applicant.

3. The date the qualified investment was made.

4. Any additional information that the authority requires.

C. As part of the application, the applicant and the qualified small business that receives the investment shall each provide written authorization pursuant to section 42-2003 designating the authority as eligible to receive tax information from the department of revenue for the purpose of determining if any misrepresentations exist on the application.  The authorization shall limit disclosure to income tax information for the latest two years for which returns were filed with the department of revenue preceding the date the application is filed and for all tax years through the year in which the investment was made for which a return was not filed as of the date of the application. The applicant shall also provide in the written authorization income tax information for all tax years in which the applicant could claim or carry forward the credit pursuant to this section, but limited to the tax years in which the applicant actually claims a credit or carries forward a credit on a return filed with the department of revenue.  An applicant who has an individual ownership interest as a co-owner of a business who may be entitled to a pro rata share of the credit pursuant to section 43-1074.02, subsection E shall provide a written authorization with content similar to the authorization, and in the same manner as, any other applicant is required to provide.

D. The authority shall review and make a determination with respect to each application within ninety days after receiving the application. The authority may request additional information from the applicant in order to make an informed decision regarding the eligibility of the qualified investor or qualified small business.

E. Subject to subsection F of this section, the authority shall authorize tax credits for each qualified investor who makes a qualified investment in a qualified small business. The amount of the credit shall be:

1. If the qualified investment is made in a qualified small business that maintains its principal place of business in a rural county of this state or is a bioscience enterprise, twelve percent of the amount of the investment per year for the first and second taxable years after the investment is made and eleven percent of the amount of the investment for the third taxable year after the year in which the investment is made.

2. If the qualified investment is made in a qualified small business other than a business described in paragraph 1 of this subsection, ten percent of the amount of the investment for each of the three taxable years after the year in which the investment is made.

F. The authority shall not authorize tax credits under this section after June 30, 2031. Through June 30, 2017, the authority shall not certify tax credits under this section exceeding $20,000,000.  From and after June 30, 2017 through June 30, 2021, the authority may certify additional tax credits under this section not exceeding $2,500,000 each fiscal year, plus any unused credit capacity that carries over from the preceding fiscal year or years. From and after June 30, 2021 through June 30, 2031, the authority may certify additional tax credits under this section not exceeding $2,500,000 each fiscal year, plus any unused credit capacity that carries over from the preceding fiscal year or years. Tax credits that expire after certification or that are otherwise not timely used by the qualified investor for whom they were originally authorized shall also be included in the applicable dollar limit. If qualifying applications exceed the dollar limit, the authority shall authorize credits in the order of the date and time that the applications are received by the authority, as evidenced by the time and date stamped on the application when received by the authority. All applications shall be filed on a form and in the manner prescribed by the authority. If an application is received that, if authorized, would require the authority to exceed the applicable dollar limit, the authority shall only grant the applicant the remaining amount of tax credits that would not exceed the dollar limit. After the authority authorizes the allowable amount of tax credits, the authority shall deny any subsequent applications that are received. The authority shall certify to the qualified investor and to the department of revenue the amount of the tax credit that is authorized for the purposes of section 43-1074.02 for each taxable year described in subsection E of this section.

G. The total of all qualified investments in any calendar year by a qualified investor and its affiliates in qualified small businesses that are eligible for a tax credit pursuant to this section and section 43-1074.02 shall not exceed $500,000. The maximum amount of qualified investments in a single qualified small business for which the authority may authorize tax credits under this section shall not exceed an aggregate of $2,000,000 in investments for all taxable years. If applications for tax credits are received for investments that exceed the limits prescribed by this subsection for any qualified small business, the authority shall authorize credits in the order of the date and time that the applications are received by the authority. If an application is received that, if authorized, would require the authority to authorize tax credits for any investment in a qualified small business that would cause the total qualified investments in the business to exceed the limits prescribed by this subsection, the authority shall only grant the applicant the remaining amount of tax credits that would not exceed the limits prescribed by this subsection.

H. The qualified investor shall file a return claiming the tax credit with the department of revenue for application against income tax pursuant to section 43-1074.02 by the due date of the return, including extensions, for the tax year in which the credit is available. If the qualified investor fails to timely file a return claiming the credit for a taxable year, the credit expires for that taxable year and there shall be no carryforward of the expired credit. If a qualified investor includes co-owners of a business who qualify for individual pro rata shares of the credit pursuant to section 43-1074.02, subsection E, each individual owner shall file a return claiming the tax credit with the department of revenue by the due date of the return, including extensions, for the tax year in which the credit is available. If an individual co-owner fails to timely file a return claiming the credit for a taxable year, the credit expires for that taxable year and there shall be no carryforward of the expired credit. Credits that expire or that otherwise are not timely used by the qualified investor or by the individual co-owner of a business for whom the credits were originally authorized shall not be reissued.

I. On receiving an application for a tax credit from a qualified investor, or a written request for certification as a qualified small business from a corporation, limited liability company, partnership or other business entity, the authority shall determine whether the corporation, limited liability company, partnership or other business entity that is named in the application or written request is a qualified small business. The authority shall determine if the business is a bioscience enterprise and if the business maintains its principal place of business in a rural county in this state. After determining the qualifications, the authority shall certify the qualified small business as being eligible to receive qualified investments for purposes of this section. The certification is valid for one year, but the authority may revoke the certification at any time or refuse to renew the certification if the business fails to maintain the required qualifications. If a qualified small business fails to maintain the qualifications, the business shall notify the authority within five business days after failing to meet the qualifications. The authority shall revoke the certification of the business and may assess a penalty against the business entity equal to the amount of the tax credits authorized after the business failed to meet the qualifications. The penalty shall be deposited in the state general fund. If the certification is revoked or expires, subsequent investments in the business do not qualify for a tax credit pursuant to this section and section 43-1074.02. All tax credits that are issued before any expiration or revocation of the certification shall remain valid.  Any application for a tax credit shall not be denied on the basis of the expiration or revocation of the certification if the investment was made before the date of the expiration or revocation.

J. The authority shall provide to the department of revenue necessary information required to administer this section and section 43-1074.02. If the authority subsequently discovers that an applicant who received a tax credit misrepresented information on the application, the authority shall immediately notify the department of revenue and provide the department of revenue all information that relates to that applicant. If the department of revenue determines that there has been a misrepresentation on the application, the department of revenue shall deny the credit if the misrepresentation relates to whether the applicant was a qualified investor or made a qualified investment. If the misrepresentation relates to whether the investment was made to:

1. A qualified small business, the department of revenue shall deny the credit only if the applicant knew or should have known at any time before the certification that the representation was false.

2. A bioscience enterprise or a business that maintains its principal place of business in a rural county in this state, the department of revenue shall decrease the amount of the credit that would have been allowed under subsection E, paragraph 1 of this section to the amount allowed under subsection E, paragraph 2 of this section only if the applicant knew or should have known at any time before the certification that the representation was false.

K. For the purposes of this section:

1. "Affiliate" means any person or entity that controls, that is controlled by or that is under common control with another person or entity. For the purposes of this paragraph, "control" means the power to determine the policies of an entity whether through ownership of voting securities, by contract or otherwise.

2. "Asset" means any owned property that has value, including financial assets and physical assets.  Intellectual property shall not be included when determining total assets.

3. "Bioscience enterprise" means a business whose activity is related to bioscience as determined by the authority or any corporation, partnership, limited liability company or other business entity that is primarily engaged in a business that conducts research, development, manufacturing, marketing, sales and licensing of products, services and solutions relating to either of the following:

(a) Medical, pharmaceutical, nutraceutical, bioengineering, biomechanical, bioinformatics or other life-science based applications.

(b) Applications of modern biological, bioengineering, biomechanical or bioinformatics technologies in the fields of human, plant or animal health, agriculture, defense, homeland security or the environment.

4. "Qualified investment" means an investment in an equity security that meets all of the following requirements:

(a) The equity security shall be common stock, preferred stock, an interest in a partnership or limited liability company, a security that is convertible into an equity security or any other equity security as determined by the authority.

(b) The investment shall be at least $25,000.

(c) The qualified investor and its affiliates do not hold, of record or beneficially, immediately before making an investment, equity securities possessing more than thirty percent of the total voting power of all equity securities of the qualified small business.

5. "Qualified investor" means an individual, limited liability company, partnership, S corporation as defined in section 1361 of the internal revenue code or other business entity that makes a qualified investment in a qualified small business. Qualified investor does not mean a corporation that is subject to tax under title 43, chapter 11.

6. "Qualified small business" means a corporation, limited liability company, partnership or other business entity that:

(a) Maintains at least a portion of its operations at an office or manufacturing or research facility located in this state.

(b) Has at least two principal full-time equivalent employees who are residents in this state. For the purposes of this subdivision, "principal" means a person whose sole responsibility is not administrative.

(c) Does not engage in any activities that involve human cloning or embryonic stem cell research.

(d) Has total assets not exceeding $2,000,000 through December 31, 2011 or $10,000,000 beginning from and after December 31, 2011, excluding any investment made under this section.

(e) Has not exceeded the limit on qualified investments prescribed by subsection G of this section.

(f) Does not have a principal business involving activities excluded by the authority.  The authority shall provide a list of excluded businesses to any person on request.

7. "Rural county" means a county that has a population of seven hundred fifty thousand or fewer persons.
A.R.S. § 41-901 — Arizona Code / Title 41 / Chapter 5 / Article 1 / Section 901
41-901 Governor's authority
Status: in_force

41-901. Governor's authority

The governor shall have charge and control of the Arizona pioneers' home, the state hospital for miners with disabilities, the state prison and prison farm and other state institutions the management of which is not otherwise provided by law.
A.R.S. § 41-2547 — Arizona Code / Title 41 / Chapter 23 / Article 3 / Section 2547
41-2547 Right to inspect plant
Status: in_force

41-2547. Right to inspect plant

The state may at reasonable times inspect the part of the plant or place of business of a contractor or any subcontractor which is related to the performance of any contract awarded or to be awarded by this state.
A.R.S. § 41-1621 — Arizona Code / Title 41 / Chapter 11 / Article 3 / Section 1621
41-1621 Definitions
Status: in_force

41-1621. Definitions

In this article, unless the context otherwise requires:

1. "Arizona correctional industries" means the Arizona correctional industries program.

2. "Department" means the state department of corrections.

3. Director" means the director of the state department of corrections.
A.R.S. § 41-1492.08 — Arizona Code / Title 41 / Chapter 9 / Article 8 / Section 1492.08
41-1492.08 Enforcement by an aggrieved person; notice; affidavit; prohibited demand for money; definition
Status: in_force

41-1492.08. Enforcement by an aggrieved person; notice; affidavit; prohibited demand for money; definition

A. Any aggrieved person who is subjected to discrimination in violation of section 41-1492.01, 41-1492.02, 41-1492.03, 41-1492.04, 41-1492.05 or 41-1492.11 or this article's implementing rules may institute a civil action for preventive or mandatory relief, including an application for a permanent or temporary injunction, restraining order or other order.

B. In the case of a violation of sections 41-1492.02 and 41-1492.04, injunctive relief includes an order to alter facilities to make these facilities readily accessible to and usable by individuals with disabilities to the extent required by this article. If appropriate, injunctive relief also includes requiring the provision of an auxiliary aid or service, the modification of a policy or the provision of alternative methods, to the extent required by this article.

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

D. Nothing in this section requires a person with a disability to engage in a civil action.

E. Before filing a civil action pursuant to this section that alleges a public accommodation that is operated by a private entity has a building, facility or parking lot that violates this article and except as provided by subsection F of this section, the aggrieved person or the person's attorney shall provide written notice with sufficient detail to allow the private entity to identify and cure the violation or comply with the law. If the private entity does not cure the violation or comply with the law within thirty days after receiving the notice, the aggrieved person may file the civil action.

F. If the private entity is required to obtain a building permit or other similar form of government approval to make the changes necessary to cure the violation or comply with the law and the private entity, within thirty days after receiving the notice required by subsection E of this section, provides the aggrieved person or the person's attorney with a corrective action plan and submits the completed application for the building permit or other similar form of government approval to the appropriate governmental entity for a determination, the aggrieved person may not file the civil action for an additional sixty days from the date that the private entity provided the corrective action plan to the aggrieved person or the person's attorney.  The time after the completed application for the building permit or other similar form of government approval is submitted to the governmental entity up until a final determination is provided to the private entity is tolled and is not included in calculating the additional sixty days, except that any delay that is caused by the private entity before the final determination is provided is not tolled. During the additional sixty days, the private entity must comply with the requirements of section 41-1492.04.

G. When filing a civil action pursuant to this section, an aggrieved person must file an affidavit, under penalty of perjury, that the aggrieved person has read the entire complaint, agrees with all of the allegations and facts contained in the complaint and, unless authorized by statute or rule, is not receiving and has not been promised anything of value in exchange for filing the civil action.

H. An aggrieved person or the aggrieved person's attorney may not demand or collect money from the private entity before the end of the applicable time period under subsections E and F of this section but may state that the private entity may be civilly liable for a violation of this article.

I. On the motion of any party, the court may stay an action filed pursuant to this section to determine whether the person filing the civil action or the person's attorney is a vexatious litigant or to determine whether there are multiple civil actions that involve the same plaintiff and that should be consolidated consistent with the Arizona rules of civil procedure.

J. For the purposes of this section, "sufficient detail" means the name of the aggrieved person who encountered the barrier, the date when the barrier was encountered by the aggrieved person and a description of the barrier that was encountered by the aggrieved person.
A.R.S. § 41-1004 — Arizona Code / Title 41 / Chapter 6 / Article 1 / Section 1004
41-1004 Waiver
Status: in_force

41-1004. Waiver

Except to the extent precluded by another provision of law, a person may waive any right conferred on that person by this chapter.
A.R.S. § 41-314 — Arizona Code / Title 41 / Chapter 2 / Article 2 / Section 314
41-314 Notary bond fund; purpose; exemption
Status: in_force

41-314. Notary bond fund; purpose; exemption

A. The notary bond fund is established consisting of monies received pursuant to section 41-178.

B. The secretary of state shall administer the fund and spend monies in the fund in order to defray the cost of the secretary of state's office assuming the responsibilities associated with the processing and administration of notary bonds.

C. On notice from the secretary of state, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

D. Monies in the fund are continuously appropriated and exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 41-742 — Arizona Code / Title 41 / Chapter 4 / Article 4 / Section 742
41-742 State personnel system; covered and uncovered employees; application; exemptions
Status: in_force

41-742. State personnel system; covered and uncovered employees; application; exemptions

A. Beginning September 29, 2012, unless otherwise prescribed in this article:

1. All new hires are at will uncovered employees.

2. Any employee who meets any of the following criteria is an at will uncovered employee:

(a) Is employed as an attorney in a position assigned to the attorney salary schedule.

(b) Is a supervisor.

(c) Is at a pay grade of nineteen or above or, if a successor compensation system is established, in an equivalent pay range as determined by the director.

(d) Is in a position assigned to the information technology salary schedule, in a position assigned to an information technology classification or, if a successor compensation system is established, in an equivalent pay range as determined by the director.

3. Any covered employee who voluntarily accepts a change in assignment to a position in the uncovered service, regardless of whether the voluntary change in assignment is a promotion, demotion or lateral transfer, is an at will uncovered employee on the start date of the voluntary change in assignment.

4. A covered employee may voluntarily elect to become an at will uncovered employee without a change in assignment on approval by the state agency head and the director. If approved, the change from covered to uncovered status is immediate.

5. Once a covered employee becomes an at will uncovered employee, the change is irrevocable.

B. Except as provided in subsection F of this section, the purpose of this article is for all state agencies in the state personnel system to treat employees pursuant to the following principles:

1. Recruiting, selecting and advancing employees on the basis of the employee's relative ability, knowledge and skills after open competition.

2. Providing compensation based on merit, performance, job value and competitiveness within applicable labor markets.

3. Training employees if the training will result in better organizational and individual performance.

4. Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance where possible and appropriate and separating employees whose performance is inadequate.

5. Managing applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, age, disability or religious creed and with proper regard for their privacy and constitutional rights as citizens.

6. Ensuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or nomination for office.

C. The director shall establish and administer the state personnel system, including:

1. A classification system and job classes and associated knowledge, skills and abilities for those classes.

2. A centralized job announcement system to streamline statewide recruiting for applicants.

3. A centralized employment system to be used by all successful applicants, including a common application form to be used by all state agencies.

4. A compensation system, including assigning pay ranges for all job classes and special pay plans for certain classes or groups of employees considering such factors as occupational patterns, economic conditions and pay plans common to government, business and industry.

5. A statewide training program.

6. A statewide performance management system.

7. An audit function to review state agencies' processes and compliance with applicable statutes, personnel rules and policies.

8. An integrated system to process personnel, payroll and benefits transactions and serve as the system of record for state employees.

D. This article and articles 5 and 6 of this chapter do not apply to:

1. An elected state officer.  An elected state officer means only elected officials and does not include the employees of elected state officers unless expressly provided.

2. Members of boards and commissions who are appointed by the legislature or the governor, board members appointed pursuant to section 41-619.52 unless otherwise prescribed by law, employees of the Arizona legislative council, employees appointed or employed by the legislature, any legislative agency or either house of the legislature and employees of the supreme court and the court of appeals.

3. The Arizona board of regents, officers or employees of state universities and personnel of the Arizona state schools for the deaf and the blind.

4. Patients or inmates employed in state institutions.

5. Officers and enlisted personnel of the national guard of Arizona and employees of the department of emergency and military affairs who occupy Arizona national guard positions identified as mobilization assets.

6. The cotton research and protection council.

7. The department of public safety.

8. The Arizona peace officer standards and training board.

E. Unless otherwise prescribed in this article, subsection A, paragraphs 1, 2 and 3 of this section do not apply to either an initial appointment to or changes in assignment to:

1. An employee of any state agency who is a full authority peace officer as certified by the Arizona peace officer standards and training board.

2. An employee of the state department of corrections who is employed as a correctional captain, correctional lieutenant, correctional sergeant, correctional corporal, correctional officer I, correctional officer II, correctional officer III, correctional officer IV, community corrections unit supervisor, community corrections group supervisor, community corrections officer or, if a successor classification system is established, an equivalent job class as determined by the director.

F. Subsection B, paragraph 1 of this section, relating to open competition and subsection B, paragraph 4 of this section and subsection B, paragraph 5 of this section, relating to political affiliation, do not apply to:

1. Employees of the governor's office.

2. Employees of offices of elected officials who either:

(a) Report directly to the elected official.

(b) Head a primary component or report directly to the head of a primary component of the office of the elected official.

(c) As a primary duty, determine or publicly advocate substantive program policy for the office of the elected official.

3. The state agency head and each deputy director, or equivalent, of each state agency and employees of the state agency who report directly to either the state agency head or deputy director.

4. Each assistant director, or equivalent, of each state agency and employees in the state agency who report directly to an assistant director.

5. Attorneys in the office of the attorney general.

6. Employees in investment-related positions in the state retirement system or plans established by title 38, chapter 5, article 2, 3, 4 or 6.

G. This article and articles 5 and 6 of this chapter do not confer any rights in excess of, or in addition to, those previously authorized to any state employee.

H. This article does not create or confer any contractual employment right for any employee and, unless otherwise provided by law, state agencies are prohibited from executing employment contracts with any state employee.

I. Any communications, including policy manuals, employee handbooks, job offers and performance appraisals and other communications as determined by the director, whether in writing or oral, that conflict with article 1, 5 or 6 of this chapter or this article are void and do not alter or supersede article 1, 5 or 6 of this chapter or this article.
A.R.S. § 41-1013 — Arizona Code / Title 41 / Chapter 6 / Article 2 / Section 1013
41-1013 Register
Status: repealed

41-1013. Register

A. The secretary of state shall electronically publish the register at least once each month and include the contents listed under subsection B of this section.  The secretary of state shall publish the notices that are filed with the secretary of state during the preceding thirty days.  The register shall include a table of contents and a cumulative index.

B. The register shall contain the following:

1. Notices of rulemaking docket openings, including the subject matter of the rules under consideration.

2. Notices of proposed rulemaking.

3. Notices of supplemental proposed rulemaking.

4. Notices of proposed exempt rulemaking for agencies that are exempt from the requirements of chapter 6 of this title but that are required to publish the notice in the register.

5. Notices of oral proceedings if the oral proceeding was not listed in the notice of rulemaking docket opening as provided in section 41-1021, subsection B, paragraph 5.

6. Notices of final exempt rulemaking for agencies that are exempt from the requirements of chapter 6 of this title.  For the purposes of this paragraph, "final exempt rulemaking" means rulemaking in which an agency received public comment on the rulemaking regardless of whether the proposed rulemaking was published in the register or elsewhere by the agency as required in the exemption.

7. Notices of exempt rulemaking for agencies that have a onetime exemption from the requirements of chapter 6 of this title or that are exempt pursuant to section 41-1005.  For the purposes of this paragraph, "exempt rulemaking" means a rulemaking in which an agency did not publish a notice of proposed rulemaking and the agency was not required to conduct a public hearing or receive public comments.

8. Proposed and final notices of expedited rulemaking and notices that an objection was received regarding a proposed expedited rulemaking.

9. Notices of an agency substantive policy statement. The notice of a substantive policy statement shall contain the name and summary of the policy statement and the website address where the full text of the document is available, if practicable.

10. Notices of intent to increase state museum fees pursuant to section 15-1631.

11. Notices of actions taken by the governor's regulatory review council.

12. Notices of an agency guidance document or revisions to a guidance document.  This notice shall contain the name and a summary of the guidance document and information where a person may view the document in its entirety.

13. Notices of each agency ombudsman pursuant to section 41-1006.

14. Notices of public information that pertain to rulemaking notices.

15. Deadlines of the governor's regulatory review council.

C. All notices listed in subsection B of this section, except the notices under subsection B, paragraphs 1, 5, 9, 10, 11, 12, 13, 14 and 15 of this section, must include a preamble and the full text of the rule being proposed, amended, renumbered or repealed.

D. The register shall be published electronically for free. The secretary of state shall establish a commercial-use fee pursuant to section 39-121.03.  Any paper subscription in place at the end of fiscal year 2016-2017 shall be honored until the subscription expires.

E. For the purposes of this section, full text publication in the register includes new, amended, renumbered, repealed and existing language that an agency deems necessary for the proper understanding of a rule notice. Rules that are undergoing extensive revision may be reprinted in whole. Existing rule language that is not required for understanding shall be omitted and marked "no change".
A.R.S. § 41-3014.03 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3014.03
41-3014.03 Arizona state hospital advisory board; termination July 1, 2014
Status: repealed

41-3014.03. Arizona state hospital advisory board; termination July 1, 2014

A. The Arizona state hospital advisory board terminates on July 1, 2014.

B. Section 36-217 is repealed on January 1, 2015.
A.R.S. § 41-854 — Arizona Code / Title 41 / Chapter 4.1 / Article 5 / Section 854
41-854 State bird
Status: in_force

41-854. State bird

The cactus wren, otherwise known as Coues' cactus wren or heleodytes brunneicapillus couesi (Sharpe) shall be the state bird.