A.R.S. § 41-1492.05 — Arizona Code / Title 41 / Chapter 9 / Article 8 / Section 1492.05
41-1492.05 Prohibition of discrimination in specified public transportation services provided by private entities
Status: in_force

41-1492.05. Prohibition of discrimination in specified public transportation services provided by private entities

A. No individual may be discriminated against on the basis of disability in the full and equal enjoyment of specified public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect commerce. For purposes of this subsection, "discriminated against" includes:

1. The imposition or application by an entity described in this subsection of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully enjoying the specified public transportation services provided by the entity, unless these criteria can be shown to be necessary for the provision of the services being offered.

2. The failure of the entity to:

(a) Make reasonable modifications consistent with those required under section 41-1492.02.

(b) Provide auxiliary aids and services consistent with the requirements of section 41-1492.02.

(c) Remove barriers consistent with the requirements of section 41-1492.02 and with the requirements of section 41-1492.03.

3. The purchase or lease by the entity of a new vehicle, other than an automobile, a van with a seating capacity of fewer than eight passengers, including the driver, or an over-the-road bus that is to be used to provide specified public transportation and for which a solicitation is made after August 26, 1991 that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, except that the new vehicle need not be readily accessible to and usable by these individuals if the new vehicle is to be used solely in a demand responsive system and if the entity can demonstrate that this system, if viewed in its entirety, provides a level of service to these individuals equivalent to the level of service provided to the general public.

4. The purchase or lease by the entity of an over-the-road bus that does not comply with section 306(a)(2) of the Americans with disabilities act and any other failure of the entity to comply with section 306(a)(2) of the Americans with disabilities act.

5. The purchase or lease by the entity of a new van with a seating capacity of fewer than eight passengers, including the driver, that is to be used to provide specified public transportation and that is not readily accessible to or usable by individuals with disabilities, including individuals who use wheelchairs, except that the van need not be readily accessible to and usable by these individuals if the entity can demonstrate that the system for which the van is being purchased or leased, if viewed in its entirety, provides a level of service to these individuals equivalent to the level of service provided to the general public.

6. The purchase or lease by the entity of a new rail passenger car that is to be used to provide specified public transportation, and for which a solicitation is made later than August 26, 1991, and that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

7. The remanufacture by the entity of a rail passenger car that is to be used to provide specified public transportation in order to extend its usable life for ten years or more, or the purchase or lease by the entity of such a rail car, unless the rail car, to the maximum extent feasible, is made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

B. To the extent that compliance with subsection A, paragraph 2, subdivision (c) or subsection A, paragraph 7 of this section would significantly alter the historic or antiquated character of an historical or antiquated rail passenger car, or a rail station served exclusively by such cars, or would result in a violation of any regulation, standard or order issued by the secretary of transportation under the federal railroad safety act of 1970, such compliance is not required. As used in this subsection, "historical or antiquated rail passenger car" means a rail passenger car:

1. That is at least thirty years old at the time of its use for transporting individuals.

2. The manufacturer of which is no longer in the business of manufacturing rail passenger cars.

3. That has a consequential association with events or persons significant to the past and that embodies, or is being restored to embody, the distinctive characteristics of a type of rail passenger car used in the past or to represent a time period that has passed.
A.R.S. § 41-3027.04 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3027.04
41-3027.04 Arizona medical board; termination July 1, 2027
Status: repealed

41-3027.04. Arizona medical board; termination July 1, 2027

A. The Arizona medical board terminates on July 1, 2027.

B. Title 32, chapter 13 and this section are repealed on January 1, 2028.
A.R.S. § 41-3026.03 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3026.03
41-3026.03 Arizona beef council; termination July 1, 2026
Status: repealed

41-3026.03. Arizona beef council; termination July 1, 2026

A. The Arizona beef council terminates on July 1, 2026.

B. Title 3, chapter 11, article 2 and this section are repealed on January 1, 2027.
A.R.S. § 41-1092.11 — Arizona Code / Title 41 / Chapter 6 / Article 10 / Section 1092.11
41-1092.11 Licenses; renewal; revocation; suspension; annulment; withdrawal
Status: in_force

41-1092.11. Licenses; renewal; revocation; suspension; annulment; withdrawal

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

B. Revocation, suspension, annulment or withdrawal of any license is not lawful unless, before the action, the agency provides the licensee with notice and an opportunity for a hearing in accordance with this article. If the agency finds that the public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, the agency may order summary suspension of a license pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.
A.R.S. § 41-1036 — Arizona Code / Title 41 / Chapter 6 / Article 3 / Section 1036
41-1036 Preamble; justifications for rule making
Status: in_force

41-1036. Preamble; justifications for rule making

Only the reasons contained in the preamble may be used by any party as justifications for the making of the rule in any proceeding in which its validity is at issue.
A.R.S. § 41-511.22 — Arizona Code / Title 41 / Chapter 3 / Article 1.1 / Section 511.22
41-511.22 Trail systems plan; deposit of monies; definition
Status: in_force

41-511.22. Trail systems plan; deposit of monies; definition

A. The board shall prepare a trail systems plan that:

1. Identifies on a statewide basis the general location and extent of significant trail routes, areas and complementary facilities.

2. Assesses the physical condition of the systems.

3. Assesses usage of trails.

4. Describes specific policies, standards and criteria to be followed in adopting, developing, operating and maintaining trails in the systems.

5. Recommends to federal, state, regional, local and tribal agencies and to the private sector actions which will enhance the trail systems.

B. The plan shall be revised at least once every five years.

C. Monies from gifts, grants and other donations received by the board for the trail systems plan shall be deposited in a separate account of the state parks donations fund established by section 41-511.11 and may be allocated by the board for special trail project priorities established annually by the board.

D. Monies deposited in the state parks donations fund account shall be used for providing state monies up to an amount equal to the amount of cash, materials and labor from any other source for the planning, acquisition, maintenance or operation of the trails and for administrative expenses of not more than twenty per cent of total account monies.

E. For purposes of this section, "trail systems" means coordinated systems of trails in this state.
A.R.S. § 41-1404 — Arizona Code / Title 41 / Chapter 9 / Article 1 / Section 1404
41-1404 Claims of no disability
Status: in_force

41-1404. Claims of no disability

This chapter does not provide any basis for a claim by an individual without a disability that the individual was subject to discrimination because of the individual's lack of disability.
A.R.S. § 41-835.03 — Arizona Code / Title 41 / Chapter 4.1 / Article 3 / Section 835.03
41-835.03 Powers and duties
Status: in_force

41-835.03. Powers and duties

A. The board shall:

1. Receive and evaluate all proposals for changes in or additions to names of geographic features and places of historical significance in this state and after this evaluation designate the most appropriate and acceptable names and spelling of these names for use in maps and other official governmental documents.

2. Receive and evaluate all proposals for naming geographic features in this state for which no generally accepted name is or has been in use and after this evaluation designate a name for use in maps and other official governmental documents.

3. Cooperate with political subdivisions of this state to eliminate the duplication of the names of geographic features that are not of historical significance.

4. Assist and cooperate with the United States board of geographic names in matters relating to names of geographic features and places in this state.

5. Maintain a list of advisers who have expertise in this state's history, geography or culture and consult with those advisers in evaluating proposals.

6. Designate one or more members to act as the state representative to the western states geographic names council.

7. Receive and evaluate all proposals to establish or designate a highway or area as a parkway, historic road or scenic road that is of geographic or historical significance in this state and after this evaluation designate the most appropriate and acceptable names and spelling of these names for use in maps and other official governmental documents. If the parkway, historic road or scenic road to be established or designated is not a state highway or route, the establishment or designation is not effective unless the state board on geographic and historic names or governmental body having jurisdiction over the parkway, historic road or scenic road agrees to the establishment or designation. The state board on geographic and historic names shall notify the director of the department of transportation and the state transportation board when a parkway, historic road or scenic road is given a historic designation pursuant to this section.

B. The board may:

1. Adopt rules for the orderly conduct of business.

2. Initiate proposals for changes in or additions to geographic or historic names in this state. Any proposal initiated by the board shall be evaluated in accordance with the procedures prescribed under section 41-835.04.

C. Notwithstanding any other law, the board may not:

1. Change street and road names for the purpose of uniformity.

2. Designate a name for a geographic feature that commemorates any person until that person has been deceased at least five years.
A.R.S. § 41-2552 — Arizona Code / Title 41 / Chapter 23 / Article 3 / Section 2552
41-2552 Change order
Status: in_force

41-2552. Change order

A change order exceeding an amount or percentage established by regulation may be executed only after the director determines in writing that the change order is advantageous to this state.
A.R.S. § 41-2813 — Arizona Code / Title 41 / Chapter 26 / Article 1 / Section 2813
41-2813 Agreements with federal or private agencies and institutions; contract review
Status: in_force

41-2813. Agreements with federal or private agencies and institutions; contract review

A. The department may enter into agreements with the federal government, other states or their agencies for such compensation on which they agree to accept or deliver committed youth or to administer rehabilitative programs. Notwithstanding section 35-193, any monies received by the department under such agreements shall be kept in a separate revolving fund for current usage and do not revert to the state general fund if unexpended at the close of a fiscal year.

B. The department may contract with private or public institutions within and without this state possessing adequate supervision and facilities for provision of any of the following services for committed youth:

1. Detention.

2. Secure care.

3. Education.

4. Employment.

5. Treatment.

6. Rehabilitation.

7. Conservation camps.

8. Work programs.

C. The department shall submit all contracts entered into pursuant to subsection B of this section to the attorney general to determine if the contract is within the authority granted under the laws of this state and in proper form.

1. The following criteria will be reviewed prior to a proposer being considered for award of a contract:

(a) The qualifications, operations and management experience and experienced personnel that are necessary to carry out the terms of the contract.

(b) The ability to comply with any applicable standards and specifications that the department defines and any specific court order, if required.

(c) A demonstrated history of successful operation and management as a service provider.

2. The contractor shall carry liability insurance in an amount that is approved by the risk management section of the department of administration and shall file proof of the insurance with the risk management section.

3. The contractor shall provide audited financial statements for the previous five years, or if the contractor has been in operation for less than five years, for each of the years the contractor has been in operation, and shall provide other financial information that is requested by the department.

4. No contract for services may authorize, allow or imply a delegation of authority or responsibility to a contractor for any of the following:

(a) Granting conditional liberty.

(b) Establishing length of stay guidelines.

(c) Revoking conditional liberty.

(d) Granting absolute discharge.

D. When a youth is committed, the clerk of the committing court shall file with the department a certified copy of the order of the court, with a sufficient transcript of the record to inform the department of the material facts of the case.
A.R.S. § 41-180 — Arizona Code / Title 41 / Chapter 1 / Article 4 / Section 180
41-180 Bitcoin and digital assets reserve fund; definitions
Status: in_force

41-180. Bitcoin and digital assets reserve fund; definitions

A. The bitcoin and digital assets reserve fund is established consisting of any airdrops, staking rewards or interest earned as prescribed in section 44-308, subsection D. The state treasurer shall administer the fund. Monies in the fund are subject to the legislative appropriation. The rewards received from staking the digital asset may be in the form of digital assets.

B. On approval of the legislature, the state treasurer shall deposit, pursuant to sections 35-146 and 35-147, ten percent of the digital assets held in the fund in the state general fund. The legislature may not deposit bitcoin in the state general fund.

C. For the purposes of this section:

1. "Airdrop":

(a) Means to issue a unit of a digital asset that is distributed in a broad, equipped and nondiscretionary manner based on conditions that are capable of being satisfied by a participant in a blockchain system as incentive-based rewards, including any of the following:

(i) To users of a digital asset or any blockchain system to which the digital asset relates.

(ii) For activities that are directly related to the operation of the blockchain system, including mining, validating, staking and any other activity that is directly tied to the operation of the blockchain system.

(iii) To existing holders of another digital asset in proportion to the total units of the other digital assets that are held by each person.

(b) Does not include an exchange of more than a nominal value of cash, property or other assets.

2. "Digital assets" means any of the following that confers economic, proprietary or access rights or powers:

(a) Virtual currencies.

(b) Cryptocurrencies.

(c) Any other digital-only assets.

3. "Stake" means committing digital assets to a blockchain network to participate in the blockchain network's operations by validating transactions, proposing and attesting to blocks and securing the network.
A.R.S. § 41-319 — Arizona Code / Title 41 / Chapter 2 / Article 2 / Section 319
41-319 Journal
Status: in_force

41-319. Journal

A. A notary public shall keep a paper journal to chronicle all notarial acts performed regarding tangible records. A notary public shall keep either a paper journal or one or more electronic journals to chronicle all notarial acts performed regarding electronic records.  Except as prescribed by subsection E of this section, a notary public shall keep only one paper journal at a time. The notary public shall record all notarial acts in chronological order. The notary public shall furnish, when requested, a certified copy of any public record in the notary public's journal. Records of notarial acts that violate the attorney-client privilege or that are confidential pursuant to federal or state law are not a public record. Each journal entry shall include at least:

1. The date of the notarial act.

2. A description of the document and type of notarial act.

3. The printed full name and address of each individual for whom a notarial act is performed.

4. If a paper journal is used, the signature of each individual for whom a notarial act is performed.

5. The type of satisfactory evidence of identity presented to the notary public by each individual for whom a notarial act is performed, or a notation that the notary public's personal knowledge of the individual was used as satisfactory evidence of identity.

6. A description of the identification card or document, if any, including its date of issuance or expiration.

7. The fee, if any, charged for the notarial act.

B. If a notary public has personal knowledge of the identity of a signer, the notary public shall retain a paper or electronic copy of the notarized documents for each notarial act in lieu of making a journal entry or the notary public shall make a journal entry pursuant to the requirements of subsection A, paragraphs 1, 2, 3, 4, 5 and 7 of this section.

C. Except for notarial acts performed for remotely located individuals under section 41-263, if a notary public performs more than one notarization for an individual within a six month period, the notary public shall have the individual provide satisfactory evidence of identity as required under section 41-255 the first time the notary performs the notarization for the individual but may not require satisfactory evidence of identity or the individual to sign the journal for subsequent notarizations performed for the individual during the six month period.

D. If a notary public performs more than one notarization of the same type for a signer either on similar records or within the same record and at the same time, the notary public may group the records together and make one journal entry for the transaction.

E. If one or more entries in a notary public's journal are not public records, the notary public shall keep one journal that contains entries that are not public records and one journal that contains entries that are public records. If a notary public keeps only one journal, that journal is presumed to be a public record.  A notary public's journal that contains entries that are not public records is the property of the employer of that notary public and shall be retained by that employer if the notary public leaves that employment. A notary public's journal that contains only public records is the property of the notary public without regard to whether the notary public's employer purchased the journal or provided the fees for the commissioning of the notary public.

F. Except as provided in subsections A and E of this section, the  notary public's journal is a public record that may be viewed by or copied for any member of the public, but only on presentation to the notary public of a written request that details the month and year of the notarial act, the name of the individual whose signature was notarized and the type of record or transaction.
A.R.S. § 41-1902 — Arizona Code / Title 41 / Chapter 13 / Article 1 / Section 1902
41-1902 Membership; terms; vacancies; compensation
Status: in_force

41-1902. Membership; terms; vacancies; compensation

A. The commission is composed of five members, who shall be appointed from private life, as follows:

1. Two by the governor, one of whom shall be designated as chairman by the governor.

2. One by the president of the senate.

3. One by the speaker of the house of representatives.

4. One by the chief justice of the supreme court.

B. Beginning in 2002, members shall be appointed biennially and serve until they have submitted the report made pursuant to section 41-1903.

C. Any vacancy in the membership shall be filled in the manner in which the original appointment was made.

D. The members of the commission shall serve without compensation, but shall be reimbursed for travel and subsistence expenses as provided by law for state officers. The department of administration, personnel division shall provide the commission with such staff as is necessary to perform its functions and shall provide record-keeping facilities and other facilities as needed.
A.R.S. § 41-1829.02 — Arizona Code / Title 41 / Chapter 12 / Article 8.1 / Section 1829.02
41-1829.02 Arizona peace officers memorial fund
Status: in_force

41-1829.02. Arizona peace officers memorial fund

A. An Arizona peace officers memorial fund is established. The fund shall consist of monies provided by appropriation or received as donations as provided for in this article. The state treasurer shall invest and divest all monies in the Arizona peace officers memorial fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. The state treasurer shall administer the fund. The monies in the fund are exempt from section 35-190, relating to lapsing of appropriations.

B. The costs and expenses authorized by this article shall be paid for by the state treasurer from the monies available in the Arizona peace officers memorial fund on certification to the state treasurer by the permanent chairman of the Arizona peace officers memorial board that the amount requested is owed for a valid purpose.
A.R.S. § 41-605 — Arizona Code / Title 41 / Chapter 3 / Article 7 / Section 605
41-605 Service of department as guardian or conservator
Status: in_force

41-605. Service of department as guardian or conservator

The department may institute in a court of competent jurisdiction a proceeding as provided by title 14 for appointment as guardian of an incapacitated veteran, the incapacitated spouse of an incapacitated veteran or the minor child of a veteran or as conservator of the estate of a protected veteran or the veteran's surviving spouse or of the minor children of a veteran or of the estate of an insane or incompetent veteran.
A.R.S. § 41-1495 — Arizona Code / Title 41 / Chapter 9 / Article 11 / Section 1495
41-1495 Definitions
Status: in_force

41-1495. Definitions

In this article, unless the context otherwise requires:

1. "Criminal conduct" means any act, including all preparatory offenses, in violation of section 13-1103, 13-1104, 13-1105, 13-1202, 13-1203, 13-1204, 13-1208, 13-1304, 13-1404, 13-1405, 13-1406, 13-1410, 13-1417, 13-2314.04, 13-2915, 13-2916, 13-2921, 13-2921.01, 13-3019, 13-3552, 13-3553, 13-3554, 13-3601 or 13-3601.02.

2. "Discriminatory act" means any direct or indirect act or practice that adversely affects a religious organization, including exclusion, restriction, segregation, limitation, refusal or denial.

3. "Religious organization" means:

(a) A house of worship.

(b) A religious group, corporation, association, educational institution, ministry, order, society or similar entity, regardless of whether it is integrated or affiliated with a church or other house of worship.

(c) An officer, owner, minister, manager, religious leader, clergyperson or employee of an entity or organization described in this paragraph.

4. "Religious services" means a meeting or assembly of two or more persons organized by a religious organization for the purpose of worship, training, providing educational services, conducting religious rituals or other activities that are deemed necessary by the religious organization for the exercise of religion.

5. "State government" means:

(a) This state or a political subdivision of this state.

(b) Any agency of this state or of a political subdivision of this state, including a department, bureau, board, commission, council, court or public institution of higher education.

(c) Any person acting in an official capacity.
A.R.S. § 41-3026.07 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3026.07
41-3026.07 Arizona state board of pharmacy; termination July 1, 2026
Status: repealed

41-3026.07. Arizona state board of pharmacy; termination July 1, 2026

A. The Arizona state board of pharmacy terminates on July 1, 2026.

B. Title 32, chapter 18 and this section are repealed on January 1, 2027.
A.R.S. § 41-1010 — Arizona Code / Title 41 / Chapter 6 / Article 1 / Section 1010
41-1010 Complaints; public record
Status: in_force

41-1010. Complaints; public record

Notwithstanding any other law, a person shall disclose the person's name during the course of reporting an alleged violation of law or rule. During the course of an investigation or enforcement action, the name of the complainant shall be a public record unless the affected agency determines that the release of the complainant's name may result in substantial harm to any person or to the public health or safety.
A.R.S. § 41-511.25 — Arizona Code / Title 41 / Chapter 3 / Article 1.1 / Section 511.25
41-511.25 Arizona veterans memorial state park
Status: in_force

41-511.25. Arizona veterans memorial state park

A. The Arizona state parks board shall establish the Arizona veterans memorial state park subject to the following conditions:

1. The Arizona state parks board purchases the Arizona veterans memorial state park site pursuant to title 37, chapter 2, article 3.

2. The joint committee on capital review approves the design and construction of the memorial.

3. The site purchased pursuant to paragraph 1 of this subsection is located in a county with a population of more than four million persons and within two miles of a veteran's national cemetery.

B. The Arizona state parks board may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 with the county in which the park is located for the maintenance and preservation of the Arizona veterans memorial state park.
A.R.S. § 41-1491.06 — Arizona Code / Title 41 / Chapter 9 / Article 7 / Section 1491.06
41-1491.06 Effect on other law
Status: in_force

41-1491.06. Effect on other law

A. This article does not affect a reasonable local or state restriction on the maximum number of occupants permitted to occupy a dwelling or a restriction relating to health or safety standards.

B. This article does not affect a requirement of nondiscrimination in any other state or federal law.

C. Nothing in this article prohibits cities or towns with a population of three hundred fifty thousand or more persons according to the 1990 United States decennial census from enacting ordinances, not later than January 1, 1995, that are substantially equivalent to the provisions of federal law and this article.
A.R.S. § 41-772 — Arizona Code / Title 41 / Chapter 4 / Article 5 / Section 772
41-772 Reduction in force procedure in covered service
Status: in_force

41-772. Reduction in force procedure in covered service

A. The director shall establish reduction in force procedures to be used by all state agencies if reductions are required in covered service by reason of lack of monies or work, abolition of a position, a material change in duty or organization or the introduction of other cost reduction initiatives.

B. The procedures shall use the person's performance record as the sole basis for determining retention. Consideration of the person's performance is limited to performance, as measured by up to the three most recent performance evaluations conducted using a performance measurement system approved by the director, during a period of not more than the two years immediately preceding the reduction in force. Notwithstanding any other statute, a state agency shall not adopt policies that provide employment retention priority for employees based on tenure or seniority.

C. The procedures shall provide for a reduction in force to be limited to a single agency or organizational unit of an agency or an organizational unit of agency operations within a geographic area.

D. The procedures shall provide for an expedited review of any determinations made during a reduction in force.
A.R.S. § 41-2407 — Arizona Code / Title 41 / Chapter 21 / Article 1 / Section 2407
41-2407 Victim compensation and assistance fund; subrogation; prohibited debt collection activity; definition
Status: in_force

41-2407. Victim compensation and assistance fund; subrogation; prohibited debt collection activity; definition

A. The victim compensation and assistance fund is established. The Arizona criminal justice commission shall administer the fund.  The victim compensation and assistance fund shall consist of monies collected pursuant to section 31-411, subsection E and sections 12-116.08, 13-4310, 31-418, 31-467.06 and 41-1674, unclaimed victim restitution monies pursuant to sections 22-116 and 44-313 and monies available from any other source.

B. Subject to legislative appropriation, the Arizona criminal justice commission shall allocate monies in the victim compensation and assistance fund to public and private agencies for the purpose of establishing, maintaining and supporting programs that compensate and assist victims of crime.

C. The allocation of monies pursuant to this section shall be made in accordance with rules adopted by the Arizona criminal justice commission pursuant to section 41-2405, subsection A, paragraph 8. The rules shall provide that persons who suffered personal injury or death that resulted from an attempt to aid a public safety officer in the prevention of a crime or the apprehension of a criminal may be eligible for compensation.

D. This state and the applicable operational unit or qualified program, as defined in the victim compensation program rules, are subrogated to the rights of an individual who receives monies from the victim compensation and assistance fund to recover or receive monies or benefits from a third party, to the extent of the amount of monies the individual receives from the fund.

E. A licensed health care provider who agrees to the victim compensation program rules may receive program monies for providing health and medical services to a victim or claimant. A licensed health care provider who accepts the full allowable payment for those services from a victim compensation program funded pursuant to this section is deemed to have accepted the payment as the full payment for those services. The licensed health care provider may not collect or attempt to collect any payment for the same health and medical services from the victim or claimant, except that if a victim compensation program funded pursuant to this section is unable to pay the full allowable payment to a licensed health care provider because of a lack of available monies or for any other reason, the licensed health care provider may collect the unpaid balance for the services from the victim or claimant or from a third-party payor, and the total amount billed or requested by the licensed health care provider may not exceed the full allowable payment that the licensed health care provider agreed to accept from the victim compensation program for the services.

F. If a licensed health care provider receives notice that a person has filed a claim with a victim compensation program funded by this section, the licensed health care provider is prohibited from any debt collection activity for any monies owed by the person that are included in the filed claim until an award is made on the claim or until a determination is made that the claim is noncompensable.  For the purposes of this subsection, "debt collection activity" includes repeatedly telephoning or writing to the claimant and threatening to either turn the matter over to a debt collection agency or to an attorney for collection, enforcement or filing of any other debt collection process. Debt collection activity does not include routine billing or inquiries about the status of the claim.

G. For the purposes of this section, "licensed health care provider" means a person or institution that is licensed or certified by this state to provide health care services, medical services, nursing services, emergency medical services and ambulance services that are regulated pursuant to title 36, chapter 21.1, article 2 or other health-related services.
A.R.S. § 41-2802 — Arizona Code / Title 41 / Chapter 26 / Article 1 / Section 2802
41-2802 Department of juvenile corrections
Status: in_force

41-2802. Department of juvenile corrections

A. A department of juvenile corrections is established.

B. The department shall have as its purpose the supervision, rehabilitation, treatment and education of all committed youth.
A.R.S. § 41-1758.06 — Arizona Code / Title 41 / Chapter 12 / Article 3.1 / Section 1758.06
41-1758.06 Fingerprint clearance card fund; exemption
Status: in_force

41-1758.06. Fingerprint clearance card fund; exemption

A. The fingerprint clearance card fund is established consisting of fees collected from applicants or contract providers for a fingerprint clearance card. The department shall administer the fund. Monies in the fund are subject to legislative appropriation. The department may use any appropriated monies from the fund for the expenses of the department's crime laboratory and real property use. Any monies remaining in the fund in excess of the monies appropriated from the fund each fiscal year are continuously appropriated to the department for the costs of the fingerprinting division.

B. Monies deposited in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 41-1002 — Arizona Code / Title 41 / Chapter 6 / Article 1 / Section 1002
41-1002 Applicability and relation to other law; preapplication authorization; definitions
Status: in_force

41-1002. Applicability and relation to other law; preapplication authorization; definitions

A. This article and articles 2 through 5 of this chapter apply to all agencies and all proceedings not expressly exempted.

B. This chapter creates only procedural rights and imposes only procedural duties. They are in addition to those created and imposed by other statutes.  To the extent that any other statute would diminish a right created or duty imposed by this chapter, the other statute is superseded by this chapter, unless the other statute expressly provides otherwise.

C. An agency may grant procedural rights to persons in addition to those conferred by this chapter so long as rights conferred on other persons by any provision of law are not substantially prejudiced.

D. Unless specifically authorized by statute, an agency shall avoid duplication of other laws that do not enhance regulatory clarity and shall avoid dual permitting to the extent practicable.

E. Unless specifically authorized by statute, an agency may not require preapplication authorization or require preapplication conferences as a requirement to filing an application that is otherwise allowed by statute. If preapplication procedures are required by statute, an agency shall consider the preapplication requirements or procedures as the beginning of the licensing time frame for the purposes of article 7.1 of this chapter. An agency may offer voluntary preapplication procedures without specific statutory authority if the agency communicates to an applicant that the preapplication procedures are not mandatory. If preapplication procedures are offered by an agency, the agency shall consider the costs and delays that may be imposed on an applicant and shall seek to minimize those impacts.

F. Unless authorized by federal or state law, an agency may not take any action that materially increases the regulatory burdens on a business unless there is a threat to the health, safety and welfare of the public that has not been addressed by legislation or industry regulation within the proposed regulated field.

G. Unless authorized by federal or state law, an agency may not apply a regulation to a qualified marketplace platform if the purpose of that regulation is to regulate a business that provides goods or services directly to the customer.

H. For the purposes of this section:

1. "Qualified marketplace contractor" means any person or organization, including an individual, corporation, limited liability company, partnership, sole proprietor or other entity, that enters into an agreement with a qualified marketplace platform to use the qualified marketplace platform's digital platform to provide goods or services to third-party individuals or entities seeking those services.

2. "Qualified marketplace platform" means an organization, including a corporation, limited liability company, partnership, sole proprietor or any other entity, that operates a digital platform that facilitates the provision of goods or services by qualified marketplace contractors to third-party individuals or entities seeking those goods or services.
A.R.S. § 41-983.02 — Arizona Code / Title 41 / Chapter 5 / Article 6 / Section 983.02
41-983.02 Arizona arts program
Status: in_force

41-983.02. Arizona arts program

A. There is established an Arizona arts program to be administered by the Arizona commission on the arts. The purpose of the program shall be to advance and to foster the arts in Arizona through grants from the Arizona arts trust fund.

B. The commission shall establish rules for the administration of the program including grant applications and criteria to be utilized when evaluating applications. Such criteria shall include but shall not be limited to artistic quality, creativity, potential public exposure and public benefit, and the ability of the recipient to properly administer funds granted. The commission shall further establish criteria to assure all of the following:

1. A portion of the funds is granted to organizations representing persons with disabilities.

2. A portion of the funds is granted to artists who are members of racial or ethnic minorities.

3. A portion of the funds is granted to organizations representing rural areas.

4. Recipient arts organizations include on their governing boards members of racial or ethnic minorities.

C. All grants shall be authorized by a majority vote of the members of the commission.

D. Each grant recipient shall submit a detailed report at least annually to the commission outlining the uses and expenditure of any funds granted from the Arizona arts trust fund. Recipients shall agree to any auditing requirements relating to the use of grant funds as set forth by the commission.
A.R.S. § 41-1527 — Arizona Code / Title 41 / Chapter 10 / Article 1 / Section 1527
41-1527 Arizona-Ireland trade commission; membership; duties; annual report
Status: in_force

41-1527. Arizona-Ireland trade commission; membership; duties; annual report

A. The Arizona-Ireland trade commission is established in the authority. The commission membership consists of:

1. Two members who have knowledge of or any involvement in organizations that promote Irish affairs or who have interest in the well-being of trade relations between this state and Ireland. The president of the senate shall appoint these members.

2. Two members who have knowledge of or any involvement in organizations that promote Irish affairs or who have interest in the well-being of trade relations between this state and Ireland. The speaker of the house of representatives shall appoint these members.

3. Five members who are appointed by the governor, including:

(a) At least one member from a public institution of higher education.

(b) The chief executive officer or the chief executive officer's designee.

(c) At least two members of the public who are from different political parties and who represent Irish-American communities or interests in this state.

B. All appointments shall be made not later than December 31, 2024, and shall be for a term of four years. All vacancies shall be filled in the same manner as the initial appointment. Appointed members of the commission shall receive compensation as determined pursuant to section 38-611 for each day actually spent in the performance of official duties and are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

C. The commission may accept gifts, grants, donations, monies from fundraising activities, bequests and other forms of voluntary contributions to carry out the purposes of the commission.

D. The commission shall:

1. Annually elect a chairperson and vice chairperson from among its members.

2. Meet at least annually and at the call of the chairperson.

3. Advance bilateral trade and investment between this state and Ireland.

4. Initiate joint action on policy issues of mutual interest between this state and Ireland.

5. Promote business and academic exchanges between this state and Ireland.

6. Encourage mutual economic support between this state and Ireland.

7. Encourage mutual investment in the infrastructure of this state and Ireland.

8. On or before December 31, 2025 and each year thereafter, submit an annual report containing the commission's findings, results and recommendations to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state.
A.R.S. § 41-192.02 — Arizona Code / Title 41 / Chapter 1 / Article 5 / Section 192.02
41-192.02 Legal counsel in certain civil actions; counsel to fire districts
Status: in_force

41-192.02. Legal counsel in certain civil actions; counsel to fire districts

A. The attorney general in his discretion is authorized to represent a current or former officer or employee of this state against whom a civil action is brought in his individual capacity or who is subject to a civil nonparty subpoena until such time as it is established as a matter of law that the alleged activity or events which form the basis of the complaint were not performed, or not directed to be performed, within the scope or course of the officer's or employee's duty or employment.

B. An agency authorized by law to employ legal counsel may provide representation to current or former officers or employees in the circumstances prescribed in subsection A of this section.

C. The attorney general may advise and represent a fire district when the county attorney is unable to represent the district due to a conflict of interest.
A.R.S. § 41-1021 — Arizona Code / Title 41 / Chapter 6 / Article 3 / Section 1021
41-1021 Public rule making docket; notice
Status: in_force

41-1021. Public rule making docket; notice

A. Each agency shall establish and maintain a current, public rule making docket for each pending rule making proceeding. A rule making proceeding is pending from the time the agency begins to consider proposing the rule under section 41-1022 until any one of the following occurs:

1. The time the rule making proceeding is terminated by the agency indicating in the rule making docket that the agency is no longer actively considering proposing the rule.

2. One year after the notice of rule making docket opening is published in the register if the agency has not filed a notice of the proposed rule making with the secretary of state pursuant to section 41-1022.

3. The rule becomes effective.

4. One year after the notice of the proposed rule making is published in the register if the agency has not submitted the rule to the council for review and approval.

5. Publication of a notice of termination.

B. For each rule making proceeding, the docket shall indicate all of the following:

1. The subject matter of the proposed rule.

2. A citation to all published notices relating to the proceeding.

3. The name and address of agency personnel with whom persons may communicate regarding the rule.

4. Where written submissions on the proposed rule may be inspected.

5. The time during which written submissions may be made and the time and place where oral comments may be made.

6. Where a copy of the economic, small business and consumer impact statement and the minutes of the pertinent council meeting may be inspected.

7. The current status of the proposed rule.

8. Any known timetable for agency decisions or other action in the proceeding.

9. The date the rule was sent to the council.

10. The date of the rule's filing and publication.

11. The date the rule was approved by the council.

12. When the rule will become effective.

C. The agency shall provide public notice of the establishment of a rule making docket by causing a notice of docket opening to be published in the register, including the information set forth in subsection B, paragraphs 1, 2, 3, 5 and 8 of this section.

D. An agency may appoint formal advisory committees to comment, before publication of a notice of proposed rule making under section 41-1022, on the subject matter of a possible rule making under active consideration within the agency. The membership of these committees shall be published at the time of formation and annually thereafter in the register. Members of these committees are not eligible to receive compensation except as otherwise provided by law.
A.R.S. § 41-740 — Arizona Code / Title 41 / Chapter 4 / Article 3 / Section 740
41-740 Nonperformance of duty; classification
Status: in_force

41-740. Nonperformance of duty; classification

If the director or any duly appointed officer or supervisor charged with duties and responsibilities under this article knowingly fails or refuses to perform any duty required of him by law, he is guilty of a class 1 misdemeanor.
A.R.S. § 41-2604 — Arizona Code / Title 41 / Chapter 23 / Article 8 / Section 2604
41-2604 Authority for transfer of material
Status: in_force

41-2604. Authority for transfer of material

Notwithstanding any law to the contrary, the governing board, or in case there is none, the executive head of any state governmental unit, political subdivision or nonprofit institution determined to be eligible to receive surplus materials, may confer on any officer or employee thereof continuing authority to secure the transfer to it of surplus materials and to obligate its monies to the extent necessary to comply with the laws and conditions of such transfers.  The director shall adopt rules establishing guidelines for use in determining eligibility.
A.R.S. § 41-3030.01 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3030.01
41-3030.01 Legislative council; termination July 1, 2030
Status: repealed

41-3030.01. Legislative council; termination July 1, 2030

A. The legislative council terminates on July 1, 2030.

B. Title 41, chapter 8, article 1 and this section are repealed on January 1, 2031.
A.R.S. § 41-1959 — Arizona Code / Title 41 / Chapter 14 / Article 1 / Section 1959
41-1959 Confidential information; permissible disclosure; rules; violation; classification
Status: in_force

41-1959. Confidential information; permissible disclosure; rules; violation; classification

A. Unless otherwise provided by law, all personally identifiable information concerning any applicant, claimant, recipient, employer or client is confidential and shall not be released unless ordered by a superior court judge or provided for by rule of court except as provided in subsections B, C and D of this section.  Department records and files that contain information related to investigations conducted by child protective services or the department of child safety are confidential.  The department shall release this information only as prescribed by section 8-807.

B. Employees of the department of economic security, the department of law and the court may obtain the information described in subsection A of this section in the performance of their duties as authorized by rules adopted by the director.

C. Employees of the department of economic security, the department of law and the court may release any information that is otherwise held confidential under this section under any of the following circumstances:

1. To the applicant, claimant, recipient, employer or client if a request is made in writing by any of such persons specifically requesting information that directly relates to the person requesting such information.

2. To the extent necessary to make claims on behalf of a client for public or private assistance, insurance or health or medical assistance pursuant to title 11, chapter 2, article 7 or title 36, chapter 29 to which the client may be entitled.

3. In oral and written communications involving the provision of services or the referral to services between employees of, persons under contract with, or persons holding a general employment relationship with the department of economic security, the department of law or the juvenile court.

4. If the disclosure of otherwise confidential information is necessary to protect against a clear and substantial risk of imminent serious injury to a client.

5. To agencies of the federal government, a state, a political subdivision of any state or a tribal government for official purposes. All information received by a governmental agency pursuant to this paragraph shall be maintained as confidential, except where pertinent to a criminal prosecution.

6. To foster parents and persons certified to adopt if necessary to assist in the placement with or care of a child by such persons.

7. In any judicial or administrative proceeding involving an adult protective services client if the director of the department considers the information pertinent to the proceeding.

8. To the entities as specified in section 23-722.04, subsections A and E for the development of a state workforce evaluation data system and program performance purposes and other program and research purposes as defined in a data sharing agreement but not including information regarding adult or child protection actions.

D. Notwithstanding section 46-135, a standing committee of the legislature or a committee appointed by the president of the senate or the speaker of the house of representatives may obtain the information described in subsection A of this section on written notification to the director.  Information obtained pursuant to this subsection may be used only for purposes of conducting investigations related to legislative oversight of the department. Information that is personally identifiable shall not be further disclosed.

E. Any violation of this section is a class 2 misdemeanor.

F. The department shall establish safeguards against the unauthorized use or disclosure of confidential information in title IV-D cases.
A.R.S. § 41-1224 — Arizona Code / Title 41 / Chapter 7 / Article 8 / Section 1224
41-1224 Altering or illegally removing enrolled copy of bill or resolution; classification; exception
Status: in_force

41-1224. Altering or illegally removing enrolled copy of bill or resolution; classification; exception

A. A person is guilty of a class 4 felony who:

1. Fraudulently alters the enrolled copy of a bill or resolution which has been passed or adopted by the legislature with intent to procure its approval by the governor, or its certification by the secretary of state, or its printing or publication, in language different from that with which it was passed or adopted by the legislature.

2. Knowingly and without authority of law, changes, alters or causes to be changed or altered, a bill or resolution after the bill or resolution has been introduced in either house of the legislature.

3. Knowingly and without authority of law removes or causes to be removed, a bill or resolution from possession of the lawful custodian thereof, after the bill or resolution has been introduced in either house of the legislature.

B. The enrolling and engrossing clerk may make corrections in capitalization, spelling, form or punctuation necessary for proper style and composition of the bill which do not alter its meaning or intent.
A.R.S. § 41-3026.09 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3026.09
41-3026.09 Board of occupational therapy examiners; termination July 1, 2026
Status: repealed

41-3026.09. Board of occupational therapy examiners; termination July 1, 2026

A. The board of occupational therapy examiners terminates on July 1, 2026.

B. Title 32, chapter 34 and this section are repealed on January 1, 2027.
A.R.S. § 41-3027.09 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3027.09
41-3027.09 Arizona department of housing; termination July 1, 2027
Status: repealed

41-3027.09. Arizona department of housing; termination July 1, 2027

A. The Arizona department of housing terminates on July 1, 2027.

B. Title 41, chapter 37 and this section are repealed on January 1, 2028.
A.R.S. § 41-103 — Arizona Code / Title 41 / Chapter 1 / Article 1 / Section 103
41-103 Receipt of military supplies
Status: in_force

41-103. Receipt of military supplies

The governor may in the name of the state receive and receipt for all arms, ammunition, accoutrements, ordnance or military stores to which the state becomes entitled, and if a bond is required by the United States obligating the state to return them, or pay therefor, the governor may sign, seal and deliver such bonds in the name and on behalf of the state.
A.R.S. § 41-1097.01 — Arizona Code / Title 41 / Chapter 6.2 / Article 1 / Section 1097.01
41-1097.01 Filing and publication of exempt rules
Status: in_force

41-1097.01. Filing and publication of exempt rules

A. The secretary of state shall prescribe a uniform numbering system and have reasonable discretion to determine the form and style for exempt rules filed with and published by the secretary of state's office.  The secretary of state shall refuse to accept a notice of exempt rulemaking if the notice or filing does not comply with the secretary of state's prescribed filing requirements, numbering system, form and style.

B. If an agency files a notice of exempt rulemaking, the secretary of state shall publish the notice in the register pursuant to the exemption requirements prescribed in statute or session law.

C. All exempt rules shall be codified and published in the code only as prescribed in statute or session law.
A.R.S. § 41-263 — Arizona Code / Title 41 / Chapter 2 / Article 1 / Section 263
41-263 Notarial act performed for remotely located individual; definitions
Status: in_force

41-263. Notarial act performed for remotely located individual; definitions

A. A remotely located individual may comply with section 41-254 by using communication technology to appear before a notary public.

B. A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if:

1. The notary public has any of the following:

(a) Personal knowledge under section 41-255, subsection A of the remotely located individual's identity.

(b) Satisfactory evidence of the identity of the individual by oath or affirmation from a credible witness appearing before and identified by the notary public under section 41-255, subsection B or this section.

(c) Satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing.

2. The notary public is able reasonably to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature.

3. The notary public, or a person acting on behalf of the notary public, creates an audiovisual recording of the performance of the notarial act.

4. For a remotely located individual located outside the United States, both of the following apply:

(a) The record either:

(i) Is to be filed with or relates to a matter before a public official or court, governmental entity or other entity subject to the jurisdiction of the United States.

(ii) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States.

(b) The notary public has no actual knowledge that the act of making the statement or signing the record is prohibited by the foreign state in which the remotely located individual is located.

C. If a notarial act is performed under this section, the certificate of notarial act required by section 41-264 and the short form certificate provided in section 41-265 must indicate that the notarial act was performed using communication technology.

D. A short form certificate provided in section 41-265 for a notarial act subject to this section is sufficient if either of the following applies:

1. The form of certificate complies with rules adopted under subsection G, paragraph 1 of this section.

2. The certificate is in the form provided in section 41-265 and contains a statement substantially as follows: "This notarial act involved the use of communication technology."

E. A notary public, a guardian, conservator or agent of a notary public or a personal representative of a deceased notary public shall retain the audiovisual recording created under subsection B, paragraph 3 of this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording.  Unless a different period is required by rule adopted under subsection G, paragraph 4 of this section, the recording must be retained for a period of at least five years after the recording is made.

F. Before a notary public performs the notary public's initial notarial act under this section, the notary public must notify the secretary of state that the notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies the notary public intends to use. If the secretary of state has established standards under subsection G of this section and section 41-275 for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to the standards.

G. In addition to adopting rules under section 41-275, on or before July 1, 2022, the secretary of state shall adopt rules under this section regarding performance of notarial acts for remotely located individuals.  The rules may:

1. Prescribe the means of performing a notarial act involving a remotely located individual using communication technology.

2. Establish standards for communication technology and identity proofing.

3. Establish requirements or procedures to approve providers of communication technology and the process of identity proofing.

4. Establish standards and a period for the retention of an audiovisual recording created under subsection B, paragraph 3 of this section.

H. Before adopting, amending or repealing a rule governing performance of a notarial act with respect to a remotely located individual, the secretary of state must consider:

1. The most recent standards regarding the performance of a notarial act with respect to a remotely located individual adopted by national standard-setting organizations and the recommendations of the national association of secretaries of state.

2. Standards, practices and customs of other jurisdictions that have laws substantially similar to this section.

3. The views of governmental officials and entities and other interested persons.

I. For the purposes of this section:

1. "Communication technology" means an electronic device or process that:

(a) Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound.

(b) When necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing or speech impairment.

2. "Foreign state" means a jurisdiction other than the United States, a state or a federally recognized Indian tribe.

3. "Identity proofing" means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources.

4. "Outside the United States" means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any territory, insular possession or other location subject to the jurisdiction of the United States.

5. "Remotely located individual" means an individual who is not in the physical presence of the notary public who performs a notarial act under subsection B of this section.
A.R.S. § 41-1072 — Arizona Code / Title 41 / Chapter 6 / Article 7.1 / Section 1072
41-1072 Definitions
Status: in_force

41-1072. Definitions

In this article, unless the context otherwise requires:

1. "Administrative completeness review time frame" means the number of days from agency receipt of an application for a license until an agency determines that the application contains all components required by statute or rule, including all information required to be submitted by other government agencies. The administrative completeness review time frame does not include the period of time during which an agency provides public notice of the license application or performs a substantive review of the application.

2. "Overall time frame" means the number of days after receipt of an application for a license during which an agency determines whether to grant or deny a license. The overall time frame consists of both the administrative completeness review time frame and the substantive review time frame.

3. "Substantive review time frame" means the number of days after the completion of the administrative completeness review time frame during which an agency determines whether an application or applicant for a license meets all substantive criteria required by statute or rule. Any public notice and hearings required by law shall fall within the substantive review time frame.
A.R.S. § 41-1804 — Arizona Code / Title 41 / Chapter 12 / Article 7.1 / Section 1804
41-1804 Guidelines committee; duties
Status: in_force

41-1804. Guidelines committee; duties

A. The department of public safety, in consultation with the department of emergency and military affairs, the department of administration, the department of health services, the department of agriculture, the department of environmental quality, the state department of corrections, the Arizona fire chiefs association, the Arizona association of chiefs of police, the Arizona sheriffs association, the Arizona association of counties, the league of Arizona cities and towns and representatives from every Indian tribal nation, shall convene a consulting committee to establish guidelines related to the critical infrastructure information system.

B. The committee shall:

1. Develop the type of information to be included in the critical infrastructure information system.

2. Develop critical infrastructure information technology standards to be used by all entities participating in the statewide critical infrastructure information system.

3. Determine the order in which critical infrastructure shall be added to the system when funding is received.

4. Develop guidelines on how the information shall be made available. These guidelines shall include detailed procedures and security measures to ensure that the information is only made available to the government or a private entity that either owns the critical infrastructure or is responding to an incident involving the critical infrastructure.
A.R.S. § 41-3010.08 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3010.08
41-3010.08 Arizona neighborhood preservation and investment commission; termination July 1, 2010
Status: repealed

41-3010.08. Arizona neighborhood preservation and investment commission; termination July 1, 2010

A. The Arizona neighborhood preservation and investment commission terminates on July 1, 2010.

B. Title 41, chapter 4.3 is repealed on January 1, 2011.
A.R.S. § 41-623 — Arizona Code / Title 41 / Chapter 3.1 / Article 1 / Section 623
41-623 Risk management and loss control
Status: in_force

41-623. Risk management and loss control

A. The department of administration shall promulgate rules and regulations to initiate and implement a risk management and loss control program for all state departments, agencies, boards and commissions for the purpose of reducing risks, accidents and property liability and workers' compensation losses.

B. The department of administration shall annually provide each state department, agency, board and commission with a report of property, liability and workers' compensation claims filed and an analysis of the cause of loss. State departments, agencies, boards and commissions shall submit a reply to the department of administration outlining plans to correct property and liability exposures to loss.

C. The department of administration shall annually issue to the governor and legislature a summary report of property, liability and workers' compensation losses incurred by state departments, agencies, boards and commissions. The report shall include loss control plans and recommendations for corrective action.

D. All state departments, agencies, boards and commissions shall cooperate with, assist and provide requested information to the department of administration in the initiation, implementation and operation of the risk management and loss control program.

E. Concurrent with the commencement of planning for the construction, alteration or additions to state-owned or leased buildings, and the purchase of specialized personal property, the department of administration shall be consulted for the purpose of implementing the risk management and loss control program and to assure compliance with generally accepted loss control practices.
A.R.S. § 41-3029.12 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3029.12
41-3029.12 Board of fingerprinting; termination July 1, 2029
Status: repealed

41-3029.12. Board of fingerprinting; termination July 1, 2029

A. The board of fingerprinting terminates on July 1, 2029.

B. Title 41, chapter 3, article 12 and this section are repealed on January 1, 2030.
A.R.S. § 41-3028.13 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3028.13
41-3028.13 State board of investment; termination July 1, 2028
Status: repealed

41-3028.13. State board of investment; termination July 1, 2028

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

B. Section 35-311 and this section are repealed on January 1, 2029.
A.R.S. § 41-1964 — Arizona Code / Title 41 / Chapter 14 / Article 1 / Section 1964
41-1964 Day care homes; child care personnel; fingerprints; definition
Status: in_force

41-1964. Day care homes; child care personnel; fingerprints; definition

A. Child care personnel shall have valid fingerprint clearance cards issued pursuant to section 41-1758.07 before being certified by the department or residing or working in the home of a child care home provider or being designated as a backup provider.

B. Before certification or within seven working days after residing or working in the home of a child care provider or being designated as a backup provider, child care personnel 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, subsections B and 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 facility for the care of children for cause in this state or another state or had a license or certificate to operate such a facility revoked.

C. The department shall make documented, good faith efforts to contact previous employers of certified day care home personnel to obtain information or recommendations that may be relevant to an individual's fitness for work in a certified day care home.

D. The notarized forms are confidential.

E. The department of economic security shall notify the department of public safety if the department of economic security receives credible evidence that any child care personnel who possesses a valid fingerprint clearance card either:

1. Is arrested for or charged with an offense listed in section 41-1758.07, subsection B or C.

2. Falsified information on the form required by subsection B of this section.

F. For the purposes of this section, "child care personnel" means child care home providers, in-home providers and noncertified relative providers as defined in section 46-801 and designated backup providers and all persons who are eighteen years of age or older and who work or reside in the home of a child care home provider.
A.R.S. § 41-1995 — Arizona Code / Title 41 / Chapter 14 / Article 3 / Section 1995
41-1995 Service of documents by electronic means
Status: in_force

41-1995. Service of documents by electronic means

Notwithstanding section 41-1002, subsection B and section 41-1063, the hearing officer or appeals board, as an alternative to any other means of service permitted or required by any law, may serve or deliver any notice, decision or order or any other document by electronic means if the party being served consents in writing or on the record to service by electronic means.  Service by electronic means is deemed complete on transmission.
A.R.S. § 41-151.06 — Arizona Code / Title 41 / Chapter 1 / Article 2.1 / Section 151.06
41-151.06 State library administrative agency; state library fund
Status: in_force

41-151.06. State library administrative agency; state library fund

A. The state library is the state library administrative agency, and the director may accept, on behalf of the state, any allocation of monies or materials made by the federal government for state library purposes, any appropriation of state monies for the purposes of this article or any bequest, grant or gift to the state library, and administer all of them under rules adopted by the director, unless otherwise provided by law. The administration may not be inconsistent with the conditions of the allocation, appropriation, bequest, grant or gift.

B. The state library fund is established.  All monies received pursuant to this section and sections 28-2470.36 and 41-151.05, except for federal monies, shall be deposited, pursuant to sections 35-146 and 35-147, in the fund and accounted for separately. Monies in the accounts are continuously appropriated to the state library for the purposes provided for in the fund sources, and monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.  On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

C. All federal monies received as provided by this section shall be deposited, pursuant to sections 35-146 and 35-147, in a separate account of the fund and disbursed in the manner prescribed for the disbursement of state funds, but are not subject to section 35-190 relating to lapsing of appropriations.
A.R.S. § 41-1604.19 — Arizona Code / Title 41 / Chapter 11 / Article 1 / Section 1604.19
41-1604.19 Correctional facilities; notice; exception; definitions
Status: in_force

41-1604.19. Correctional facilities; notice; exception; definitions

A. Before incurring any obligation for the establishment of any correctional facility or any change of use of a correctional facility, the department shall give at least forty-five days' written notice to all of the following:

1. Each real property owner, as shown on the last assessment of the property, within a two-mile radius of the proposed site or of the site for which the change of use is proposed. The two-mile radius excludes any natural or man-made feature that prevents parcels of land from being practically and reasonably united.

2. The president of the senate.

3. The speaker of the house of representatives.

4. The senate minority leader and the house of representatives minority leader.

5. The state senator and the state representatives whose legislative district includes the proposed site or the site for which the change of use is proposed.

6. Each state senator and state representative whose legislative district is located within five miles of the proposed site or of the site for which the change of use is proposed.

7. Each member of the county board of supervisors if the proposed site or the site for which the change of use is proposed is in an unincorporated area or each member of the governing body of the city or town in which the proposed site or the site for which the change of use is proposed is located.

8. Each member of the governing board of the local school district in which the proposed site or the site for which the change of use is proposed is located.

9. The superintendent of the local school district in which the proposed site or the site for which the change of use is proposed is located.

10. Each member of the governing board of any charter school that is located within a five-mile radius of the proposed site or the site for which the change of use is proposed.

11. The operator of any child care facility that is located within a five-mile radius of the proposed site or the site for which the change of use is proposed.

B. On request of the state department of corrections, the department of education shall provide an accurate list of district schools and charter schools within the boundaries prescribed in subsection A, paragraphs 9 and 10 of this section.

C. On request of the state department of corrections, the department of health services shall provide an accurate list of child care facilities within the boundaries prescribed in subsection A, paragraph 11 of this section.

D. The notice required pursuant to subsection A of this section must include all of the following:

1. The number of prisoners or parolees to be housed at the correctional facility.

2. The security level of the prisoners to be housed at the correctional facility.

3. The date, time and location of the public hearing that is required by subsection F of this section.

4. The overall time frame during which the department will either approve or reject the establishment of any correctional facility or change of use of a correctional facility.

5. A statement that a report of the oral comments received at the hearing and the written comments received by the department will be available on the department's website.

E. The department shall post a sign that is at least four feet by eight feet in a conspicuous location on the proposed site or on the site for which the change of use is proposed for fifteen calendar days before the hearing that is required pursuant to subsection F of this section. The sign shall give notice of the date, time and location of the hearing.

F. The department shall hold a hearing in the county for an unincorporated area or in the city or town in which the potential site or the site for which the change of use for a correctional facility is proposed is located. The department shall publish a notice of the public hearing in a newspaper of general circulation in the area at least ten days before the hearing. The department shall receive oral comments at the hearing and written comments before the hearing.  The department shall compile all of the written comments into a report and shall post the report with the minutes of the hearing on the department's website within five calendar days after the hearing. The department shall submit the report electronically to all of the entities listed in subsection A, paragraphs 2, 3, 4 and 5 of this section. At least fifteen days after the hearing and after the department has considered the public comments, the department shall make a final site determination for the correctional facility or a final determination on the change of use for the correctional facility.

G. This section does not apply to the reclassification of custody levels or designated use of an existing correctional facility or the housing assignments of inmates or offenders within a correctional facility.

H. For the purposes of this section:

1. "Change of use" means the introduction of any of the following:

(a) Adult offenders or inmates into a department of juvenile corrections facility.

(b) A new classification of offenders into a community correctional facility that had not previously provided services to that classification of offenders.

(c) Adult inmates into any correctional facility that had previously been designated as a community correctional center.

2. "Correctional facility" means:

(a) An adult correctional facility.

(b) A juvenile correctional facility.

(c) A community correctional center.

(d) A private prison.

(e) Any facility dedicated to the confinement of persons committed to the department or the department of juvenile corrections.

(f) A juvenile secure care facility as described in section 41-2816.

3. "Establishment" means the construction of a correctional facility or the introduction of inmates or offenders from another location into a newly established correctional facility where inmates or offenders were not previously located or housed.
A.R.S. § 41-2514 — Arizona Code / Title 41 / Chapter 23 / Article 2 / Section 2514
41-2514 State procurement rules
Status: in_force

41-2514. State procurement rules

A. The director may adopt and issue rules pursuant to chapter 6 of this title to carry out the purposes of this chapter.

B. Except by mutual consent of the parties to the contract, no rule promulgated under this chapter may change any commitment, right or obligation of this state or of a contractor under a contract in existence on the effective date of the rule.
A.R.S. § 41-3005.07 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3005.07
41-3005.07 Arizona drug and gang policy council; termination July 1, 2005
Status: repealed

41-3005.07. Arizona drug and gang policy council; termination July 1, 2005

A. The Arizona drug and gang policy council terminates on July 1, 2005.

B. Section 41-617 is repealed on January 1, 2006.
A.R.S. § 41-2548 — Arizona Code / Title 41 / Chapter 23 / Article 3 / Section 2548
41-2548 Right to audit records
Status: in_force

41-2548. Right to audit records

A. The state may, at reasonable times and places, audit the books and records of any person who submits cost or pricing data as provided in section 41-2543 to the extent that the books and records relate to the cost or pricing data.  Any person who receives a contract, change order or contract modification for which cost or pricing data is required shall maintain the books and records that relate to the cost or pricing data for five years after the completion of the contract pursuant to section 35-214.

B. The state is entitled to audit the books and records of a contractor or any subcontractor under any contract or subcontract to the extent that the books and records relate to the performance of the contract or subcontract.  The books and records shall be maintained by the contractor for a period of five years after the completion of the prime contract pursuant to section 35-214 and by the subcontractor for a period of five years after the completion of the subcontract pursuant to section 35-214.
A.R.S. § 41-198 — Arizona Code / Title 41 / Chapter 1 / Article 5 / Section 198
41-198 Fatal or near fatal domestic violence review teams; duties; membership; report; confidentiality; violation; classification; definitions
Status: in_force

41-198. Fatal or near fatal domestic violence review teams; duties; membership; report; confidentiality; violation; classification; definitions

A. A political subdivision of this state or a combination of political subdivisions may establish a fatal or near fatal domestic violence review team to:

1. Examine fatal or near fatal incidents of domestic violence to better understand the dynamics of these fatalities or near fatalities.

2. Report to the office of the attorney general its findings and recommendations as to how fatal or near fatal incidents of domestic violence may be prevented and how the system can be improved.  The report shall not contain any information that identifies individuals in specific incidents of domestic violence related fatalities or near fatalities.

3. Determine the number and type of incidents it wishes to review.

B. A review team shall not review a fatal or near fatal incident of domestic violence until a criminal investigation or proceeding connected with the fatality or near fatality is completed.

C. A review team shall designate one of its members to serve as chairperson. The chairperson shall call meetings as necessary and is responsible for submitting the report prescribed in subsection A, paragraph 2 of this section.

D. All information and records acquired by a review team are confidential and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding or disciplinary action.  Information that is otherwise available from other sources is not immune from subpoena, discovery or introduction into evidence through those sources solely because they were presented to or reviewed by a review team.

E. A member of a review team or any person who presents information to a review team shall not be questioned in any civil or criminal proceeding or disciplinary action regarding the information presented. This subsection does not prevent a person from testifying regarding information obtained independently of the review team or as to public information.

F. Review team meetings are closed to the public and are not subject to title 38, chapter 3, article 3.1 if the review team is reviewing a fatal or near fatal incident of domestic violence case.  All other review team meetings are open to the public.

G. The political subdivision shall establish the membership of a review team.  Each review team may be comprised of the following:

1. A representative from a county or municipal law enforcement agency.

2. A representative of a county or municipal court.

3. A representative of a county or municipal prosecutor's office.

4. A representative of a local domestic violence prevention program.

5. A victim of domestic violence.

6. A representative of a county or state public health agency.

7. A representative of the office of the county medical examiner.

8. If the department of child safety received a report on any person residing with the victim before the fatal or near fatal incident of domestic violence, a representative of the department of child safety who serves the area covered by the review team for the duration of the review of that fatality or near fatality.

9. A representative of a statewide domestic violence coalition.

H. The office of the attorney general shall receive the reports of the review teams and distribute copies of them to the president of the senate, the speaker of the house of representatives, the governor, the peace officer standards and training board, the state domestic violence coalition and the chief justice of the supreme court, on or before January 31 of each year.  Copies shall also be provided to the secretary of state.

I. When a review team concludes a fatal or near fatal incident of domestic violence review, the review team shall return all information and records concerning the victim and the family to the agency that provided the information or, if directed by that agency, shall destroy that information.

J. A person who violates the confidentiality requirements of this section is guilty of a class 2 misdemeanor.

K. For the purposes of this section:

1. "Domestic violence" has the same meaning prescribed in section 13-3601.

2. "Fatal incident of domestic violence" means a homicide or suicide that is committed by a party to the domestic violence and not committed by an on-duty police officer acting within the scope of employment.

3. "Near fatal incident of domestic violence" means an assault that is committed by a party to the domestic violence where the victim suffered life threatening injuries.

4. "Political subdivision" means a county, city or town.
A.R.S. § 41-2611 — Arizona Code / Title 41 / Chapter 23 / Article 9 / Section 2611
41-2611 Rules of procedure
Status: in_force

41-2611. Rules of procedure

A. The director may adopt rules of procedure providing for the expeditious administrative review of all contract claims or controversies both before the purchasing agency and through an appeal heard before the director in accordance with chapter 6, article 10 of this title.

B. For the purposes of an expeditious administrative process, the director shall render a decision on an appeal to the director within forty-two days after the date the agency report or comments on the agency report, if applicable, are filed with the director.  On agreement of all interested parties, the director may be granted an additional fourteen days to issue a decision.  If the director fails to issue a decision within the time period prescribed in this subsection, the director shall refer the appeal to a hearing in accordance with chapter 6, article 10 of this title.
A.R.S. § 41-175 — Arizona Code / Title 41 / Chapter 1 / Article 4 / Section 175
41-175 State treasurer's financial literacy fund
Status: in_force

41-175. State treasurer's financial literacy fund

The state treasurer's financial literacy fund is established consisting of monies appropriated by the legislature and any other monies available from any lawful public or private source to promote financial literacy in this state. The state treasurer shall administer the fund and 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.  Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 41-1014 — Arizona Code / Title 41 / Chapter 6 / Article 2 / Section 1014
41-1014 Department of child safety; final rules
Status: in_force

41-1014. Department of child safety; final rules

The secretary of state shall publish on its website any final rule of the department of child safety within ten days after the final rule is filed with the secretary of state.
A.R.S. § 41-251 — Arizona Code / Title 41 / Chapter 2 / Article 1 / Section 251
41-251 Definitions
Status: in_force

41-251. Definitions

In this chapter, unless the context otherwise requires:

1. "Acknowledgment" means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.

2. "Commission" means to authorize to perform notarial acts and the written authority to perform those acts.

3. "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

4. "Electronic signature" means an electronic symbol, sound or process that is attached to or logically associated with a record and that is executed or adopted by an individual with the intent to sign the record.

5. "In a representative capacity" means acting as any of the following:

(a) An authorized officer, agent, partner, trustee or other representative for a person other than an individual.

(b) A public officer, personal representative, guardian or other representative, in the capacity stated in a record.

(c) An agent or attorney-in-fact for a principal.

(d) An authorized representative of another in any other capacity.

6. "Notarial act" or "notarization":

(a) Means any act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under section 41-252.

(b) Includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy and noting a protest of a negotiable instrument.

7. "Notarial officer" means a notary public or other individual who is authorized to perform a notarial act.

8. "Notary public" or "notary" means any individual who is commissioned to perform notarial acts by the secretary of state.

9. "Official stamp" means a physical image that is affixed to a tangible record or an electronic image that is attached to or logically associated with an electronic record.

10. "Person" means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.

11. "Record" means information that is either:

(a) Inscribed on a tangible medium.

(b) Stored in an electronic or other medium and that is retrievable in perceivable form.

12. "Sign" means, with present intent to authenticate or adopt a record, either of the following:

(a) To execute or adopt a tangible symbol.

(b) To attach to or logically associate with the record an electronic symbol, sound or process.

13. "Signature" means a tangible symbol or an electronic signature that evidences the signing of a record.

14. "Stamping device" means either of the following:

(a) A physical device that is capable of affixing to a tangible record an official stamp.

(b) An electronic device or process that is capable of attaching to or logically associating with an electronic record an official stamp.

15. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

16. "Verification on oath or affirmation" means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true.
A.R.S. § 41-2601 — Arizona Code / Title 41 / Chapter 23 / Article 8 / Section 2601
41-2601 Definitions
Status: in_force

41-2601. Definitions

In this article, unless the context otherwise requires:

1. "Excess materials" means any materials which have a remaining useful life but which are no longer required by the using agency in possession of the materials.

2. "Nonexpendable materials" means all tangible materials which have an original acquisition cost over an amount set by regulation and a probable useful life of more than one year.

3. "Surplus materials" means any materials that no longer have any use to this state or materials acquired from the United States government. This includes obsolete materials, scrap materials and nonexpendable materials that have completed their useful life cycle.
A.R.S. § 41-1097 — Arizona Code / Title 41 / Chapter 6.2 / Article 1 / Section 1097
41-1097 Definitions
Status: in_force

41-1097. Definitions

A. The definitions in section 41-1001 apply to this chapter.

B. In this chapter, unless the context otherwise requires:

1. "Notice of exempt rulemaking" means a notice of:

(a) An exemption pursuant to section 41-1005, except those exemptions that require notice and an opportunity for public comment.

(b) An exemption pursuant to section 41-1057.

(c) A rule adopted pursuant to an exemption, as provided exclusively to an agency in statute or session law, from all requirements of the act.

2. "Published" means a rulemaking that has been printed and distributed by an agency or posted on an agency's website or filed by an agency and published in the register or a combination of any of these requirements as provided in statute or session law.
A.R.S. § 41-1953 — Arizona Code / Title 41 / Chapter 14 / Article 1 / Section 1953
41-1953 Department organization; deputy director; assistant directors
Status: in_force

41-1953. Department organization; deputy director; assistant directors

A. The director may establish, abolish or reorganize the positions or organizational units within the department to carry out the functions provided by section 41-1954, subject to legislative appropriation, if in the director's judgment the modification of organization would make the operation of the department more efficient, effective or economical.  The director or the director's deputy shall enforce cooperation among the divisions in the provision and integration of all functions on the district and local level.

B. The director shall appoint a deputy director of the department with the advice and consent of the governor.  The deputy director shall serve at the pleasure of the director.  The deputy director shall be directly responsible for the operation and coordination of those services of the department concerning initial intake, screening, evaluation and referral of persons served by the department.

C. The director shall appoint an assistant director to head each organizational unit that the director may establish. Each assistant director shall serve at the pleasure of the director.

D. To the maximum extent possible, the director shall establish separate investigation units for the purpose of investigating allegations of dependency, abuse and neglect according to protocols established pursuant to section 8-817.

E. The department succeeds to the authority, powers, duties and responsibilities of the following:

1. The employment security commission of Arizona and its Arizona state employment service, unemployment compensation and administrative service divisions.

2. The state department of public welfare.

3. The division of vocational rehabilitation.

4. The state office of economic opportunity.

5. The state office of manpower planning.

6. The state department of mental retardation.

F. In the statutes, references to the agencies and departments listed in subsection E shall be deemed to be references to the department of economic security or its appropriate divisions, offices or organizational units.
A.R.S. § 41-2637 — Arizona Code / Title 41 / Chapter 23 / Article 10 / Section 2637
41-2637 Compliance with federal requirements
Status: in_force

41-2637. Compliance with federal requirements

If a procurement involves the expenditure of federal assistance or contract monies, the director shall comply with federal law and authorized regulations which are mandatorily applicable and which are not presently reflected in this chapter.
A.R.S. § 41-3029.01 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3029.01
41-3029.01 Arizona state library, archives and public records; termination July 1, 2029
Status: repealed

41-3029.01. Arizona state library, archives and public records; termination July 1, 2029

A. The Arizona state library, archives and public records terminates on July 1, 2029.

B. Title 41, chapter 1, article 2.1 and this section are repealed on January 1, 2030.
A.R.S. § 41-2999.04 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 2999.04
41-2999.04 State board for vocational and technological education; termination July 1, 1999
Status: repealed

41-2999.04. State board for vocational and technological education; termination July 1, 1999

A. The state board for vocational and technological education terminates on July 1, 1999.

B. Section 15-781.01 is repealed on January 1, 2000.
A.R.S. § 41-2256 — Arizona Code / Title 41 / Chapter 18 / Article 1 / Section 2256
41-2256 Technical assistance; repayment agreements
Status: in_force

41-2256. Technical assistance; repayment agreements

A. The authority may provide technical assistance to political subdivisions, special districts, Indian tribes and tribal subdivisions in connection with the development or financing of infrastructure.

B. Technical assistance may include the following:

1. Assistance in selecting outside consultants.

2. Evaluation of design and construction options.

3. Financial advisory services.

4. Assistance in satisfying statutory requirements.

5. Short-term assistance.

C. Assistance provided under a technical assistance repayment agreement:

1. Shall not be more than two hundred fifty thousand dollars for a single project.

2. Shall be repaid not more than three years after the date the monies for the assistance are advanced to the applicant.

3. Shall be in a form and under terms determined by the authority.

D. Short-term assistance represents an advance of financial assistance.  The authority shall not provide short-term assistance unless the political subdivision, special district or Indian tribe has an approved financial assistance application on file with the authority.  A political subdivision, special district or Indian tribe shall repay short-term assistance pursuant to a technical assistance repayment agreement.

E. The authority shall establish an application process and method of determining the allocation of technical assistance pursuant to section 41-2255.

F. Before technical assistance may be provided, the board shall approve the application for technical assistance.

G. The provision of technical assistance by the authority does not create any liability for the authority or this state regarding the design, construction or operation of any infrastructure project.
A.R.S. § 41-860.01 — Arizona Code / Title 41 / Chapter 4.1 / Article 5 / Section 860.01
41-860.01 State nickname
Status: in_force

41-860.01. State nickname

"The Grand Canyon state" is the official state nickname.
A.R.S. § 41-1405 — Arizona Code / Title 41 / Chapter 9 / Article 1 / Section 1405
41-1405 Reasonable accommodation or reasonable modification not required under certain conditions
Status: in_force

41-1405. Reasonable accommodation or reasonable modification not required under certain conditions

A covered entity under article 4 or 8 of this chapter is not required to provide a reasonable accommodation or a reasonable modification to policies, practices or procedures to an individual who meets the definition of disability solely under section 41-1461, paragraph 5, subdivision (c) or who meets the definition of being regarded as having such a physical or mental impairment under section 41-1492.
A.R.S. § 41-1604.06 — Arizona Code / Title 41 / Chapter 11 / Article 1 / Section 1604.06
41-1604.06 Earned release credit eligibility certification; classifications; appeal
Status: in_force

41-1604.06. Earned release credit eligibility certification; classifications; appeal

A. The director shall develop and maintain an earned release credit eligibility classification system. Within such system, the director shall establish one class of earned release credit eligibility to be given effect as provided for in this section and as many other classes of noneligibility as he deems necessary or desirable. Each person committed to the state department of corrections shall be classified pursuant to the earned release credit eligibility system established by the director.

B. The director shall establish rules pursuant to chapter 6 of this title for the classification and certification of prisoners for purposes of earned release credit. An inmate who is placed in a parole eligible classification is also eligible for certification for absolute discharge from imprisonment. Upon commitment to the state department of corrections each person shall be initially placed in the earned release credit noneligible class. Reclassification and certification shall be based on factors related to a prisoner's record while in the custody of the department, including work performance, compliance with all rules of the department, progress in any appropriate education, training or treatment programs and the performance of any assignments of confidence or trust. The director shall also establish rules governing the procedures and performance standards by which prisoners, classified to noneligibility classifications, may earn eligibility classification. Prisoners may be reclassified only pursuant to the rules of the department. The director shall distribute a copy of all such rules to each person committed to the department.

C. Every prisoner shall be entitled to a hearing prior to reclassification of such prisoner to a noneligible earned release credit class. The hearing shall be before a person or persons designated by the director to hold such hearings. Reasonable notice and a written statement of the alleged violation of the rules shall be distributed to the prisoner at least five days prior to the hearing. A prisoner may request a review of a decision to reclassify the prisoner by delivering a written request to the director.
A.R.S. § 41-2544 — Arizona Code / Title 41 / Chapter 23 / Article 3 / Section 2544
41-2544 Types of contracts
Status: in_force

41-2544. Types of contracts

Subject to the limitations of this section, any type of contract that will promote the best interests of this state may be used, except that the use of a cost-plus-a-percentage-of-cost contract is prohibited.
A.R.S. § 41-1092.03 — Arizona Code / Title 41 / Chapter 6 / Article 10 / Section 1092.03
41-1092.03 Notice of appealable agency action or contested case; hearing; informal settlement conference; applicability
Status: in_force

41-1092.03. Notice of appealable agency action or contested case; hearing; informal settlement conference; applicability

A. Except as provided in subsection D of this section, an agency shall serve notice of an appealable agency action or contested case pursuant to section 41-1092.04. The notice shall:

1. Identify the statute or rule that is alleged to have been violated or on which the action is based.

2. Identify with reasonable particularity the nature of any alleged violation, including, if applicable, the conduct or activity constituting the violation.

3. Include a description of the party's right to request a hearing on the appealable agency action or contested case.

4. Include a description of the party's right to request an informal settlement conference pursuant to section 41-1092.06.

B. A party may obtain a hearing on an appealable agency action or contested case by filing a notice of appeal or request for a hearing with the agency within thirty days after receiving the notice prescribed in subsection A of this section. The notice of appeal or request for a hearing may be filed by a party whose legal rights, duties or privileges were determined by the appealable agency action or contested case. A notice of appeal or request for a hearing also may be filed by a party who will be adversely affected by the appealable agency action or contested case and who exercised any right provided by law to comment on the action being appealed or contested, provided that the grounds for the notice of appeal or request for a hearing are limited to issues raised in that party's comments. The notice of appeal or request for a hearing shall identify the party, the party's address, the agency and the action being appealed or contested and shall contain at least the following:

1. A concise statement of the reasons for the appeal or request for a hearing.

2. Detailed and complete information regarding all questions of law, if applicable, that are the basis for the appeal.

3. All relevant supporting documentation.

4. How the party is an adversely affected party, if applicable.

C. The agency shall notify the office of the appeal or request for a hearing and the office shall schedule an appeal or contested case hearing pursuant to section 41-1092.05, except as provided in section 41-1092.01, subsection F.

D. If good cause is shown an agency head may accept an appeal or request for a hearing that is not filed in a timely manner.

E. This section does not apply to a contested case if the agency:

1. Initiates the contested case hearing pursuant to law other than this chapter and not in response to a request by another party.

2. Is not required by law, other than this chapter, to provide an opportunity for an administrative hearing before taking action that determines the legal rights, duties or privileges of an applicant for a license.
A.R.S. § 41-3030.04 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3030.04
41-3030.04 Department of veterans' services; Arizona veterans' service advisory commission; termination July 1, 2030
Status: repealed

41-3030.04. Department of veterans' services; Arizona veterans' service advisory commission; termination July 1, 2030

A. The department of veterans' services and the Arizona veterans' service advisory commission terminate on July 1, 2030.

B. Title 41, chapter 3, article 7 and this section are repealed on January 1, 2031.
A.R.S. § 41-747 — Arizona Code / Title 41 / Chapter 4 / Article 4 / Section 747
41-747 Employment procedures; violation
Status: in_force

41-747. Employment procedures; violation

A. An appointing authority shall comply with the procedures prescribed in this article and the rules adopted by the director for the recruitment, selection, hiring and separation of employees in the state personnel system. The appointing authority shall prescribe the compensation of an employee at all times pursuant to section 38-611.

B. An appointing authority that violates subsection A of this section and incurs an obligation is subject to the civil and criminal penalties prescribed in title 35, chapter 1.
A.R.S. § 41-1030 — Arizona Code / Title 41 / Chapter 6 / Article 3 / Section 1030
41-1030 Invalidity of rules not made according to this chapter; prohibited agency action; prohibited acts by state employees; enforcement; notice
Status: in_force

41-1030. Invalidity of rules not made according to this chapter; prohibited agency action; prohibited acts by state employees; enforcement; notice

A. A rule is invalid unless it is consistent with the statute, reasonably necessary to carry out the purpose of the statute and is made and approved in substantial compliance with sections 41-1021 through 41-1029 and articles 4, 4.1 and 5 of this chapter, unless otherwise provided by law.

B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition.

C. An agency shall not base a decision regarding any filing or other matter submitted by a licensee on a requirement or condition that is not specifically authorized by a statute, rule, federal law or regulation or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a requirement or condition for approval of a decision on any filing or other matter submitted by a licensee unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition.

D. An agency shall not:

1. Make a rule under a specific grant of rulemaking authority that exceeds the subject matter areas listed in the specific statute authorizing the rule.

2. Make a rule under a general grant of rulemaking authority to supplement a more specific grant of rulemaking authority.

3. Make a rule that is not specifically authorized by statute.

E. This section may be enforced in a private civil action and relief may be awarded against the state. The court may award reasonable attorney fees, damages and all fees associated with the license application to a party that prevails in an action against the state for a violation of this section.

F. A state employee may not intentionally or knowingly violate this section. A violation of this section is cause for disciplinary action or dismissal pursuant to the agency's adopted personnel policy.

G. This section does not abrogate the immunity provided by section 12-820.01 or 12-820.02.

H. An agency shall prominently print the provisions of subsections B, E, F and G of this section on all license applications, except license applications processed by the corporation commission.

I. The license application may be in either print or electronic format.
A.R.S. § 41-744 — Arizona Code / Title 41 / Chapter 4 / Article 4 / Section 744
41-744 Nonconformity with federal regulations granting federal monies
Status: in_force

41-744. Nonconformity with federal regulations granting federal monies

Any provision of this article that conflicts or is inconsistent with federal rules, regulations or standards governing the grant of federal monies to any agency or department of this state does not apply to the agency or department.  The director may vary or waive the terms of the rules and procedures as applicable to these agencies and departments to comply with the conditions for federal grants.
A.R.S. § 41-806 — Arizona Code / Title 41 / Chapter 4 / Article 7 / Section 806
41-806 Use of renewable energy; department of administration facilities; definitions
Status: in_force

41-806. Use of renewable energy; department of administration facilities; definitions

A. If the cost of renewable energy is not more than five per cent higher than the cost of traditional power, the department of administration shall meet the following minimum requirements for use of renewable energy to provide power to the department's facilities in the governmental mall:

1. On or before January 1, 2003, one per cent.

2. On or before January 1, 2004, two per cent.

3. On or before January 1, 2005, three per cent.

4. On or before January 1, 2010, ten per cent.

B. For the purposes of this section:

1. "Governmental mall" means the governmental mall described in section 41-1362.

2. "Renewable energy" includes solar energy, geothermal energy, wind energy and biomass energy.
A.R.S. § 41-604 — Arizona Code / Title 41 / Chapter 3 / Article 7 / Section 604
41-604 Director of veterans' services; compensation
Status: in_force

41-604. Director of veterans' services; compensation

A. The governor shall appoint the director pursuant to section 38-211. The director shall be a veteran.

B. The director shall inform the commission regarding the policies adopted by the department under this article.

C. The director may appoint a deputy director with the approval of the governor.  The deputy director serves at the pleasure of the director.  The deputy director is directly responsible for the duties delegated to the deputy director by the director.

D. The director and deputy director are eligible to receive compensation pursuant to section 38-611.

E. The director may appoint advisory committees as the director deems necessary.  Members of advisory committees are not entitled to compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

F. The director may contract with a nonprofit organization to work on issues relating to women veterans.
A.R.S. § 41-610.01 — Arizona Code / Title 41 / Chapter 3 / Article 7 / Section 610.01
41-610.01 Hyperbaric oxygen therapy for military veterans fund; exemption; advisory committee; annual report
Status: in_force

41-610.01. Hyperbaric oxygen therapy for military veterans fund; exemption; advisory committee; annual report

A. The hyperbaric oxygen therapy for military veterans fund is established consisting of private donations, grants, bequests and any other monies. The department shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. Monies in the fund shall be used to provide financial assistance to veterans for hyperbaric oxygen therapy.

C. If, after fund monies are spent to pay for hyperbaric oxygen therapy for a veteran, the department discovers that the therapy was fully or partially covered by private insurance or any other entity, the department may seek to have the fund reimbursed for the portion of the payment that was covered by private insurance or the other entity.

D. The hyperbaric oxygen therapy for military veterans advisory committee is established consisting of the following members:

1. The director or the director's designee.

2. Four members who are appointed by the governor and who are any of the following:

(a) National guard unit commanders.

(b) Doctors.

(c) Active or retired military personnel.

E. The director or the director's designee shall serve as chairperson of the hyperbaric oxygen therapy for military veterans advisory committee.  Appointed members of the committee shall serve at the pleasure of the governor.

F. The hyperbaric oxygen therapy for military veterans advisory committee shall:

1. Determine how to award monies from the fund.

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

3. Make other recommendations as necessary.

G. The hyperbaric oxygen therapy for military veterans advisory committee shall submit an annual report detailing the fund's performance and the demographics of the award recipients to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the secretary of state.
A.R.S. § 41-1843 — Arizona Code / Title 41 / Chapter 12.1 / Article 2 / Section 1843
41-1843 Construction of article; authority of corporation commission
Status: in_force

41-1843. Construction of article; authority of corporation commission

This article shall not be construed to limit the authority of the corporation commission to regulate ambulance service corporations pursuant to article XV, Constitution of Arizona.
A.R.S. § 41-1053 — Arizona Code / Title 41 / Chapter 6 / Article 5 / Section 1053
41-1053 Council review of expedited rules
Status: in_force

41-1053. Council review of expedited rules

A. After receipt of the expedited rule package from the agency, the council shall place the expedited rule on its consent agenda for approval unless a member of the council or the committee requests a hearing.

B. If a hearing is requested, the council shall act on the expedited rule pursuant to section 41-1052 or shall remand the expedited rule to the agency for initiation of a rule making pursuant to sections 41-1022, 41-1023 and 41-1024.

C. The council, at any time a proposed expedited rule is pending, may disapprove the expedited rule making and order initiation of a regular rule making pursuant to sections 41-1022, 41-1023 and 41-1024.
A.R.S. § 41-3030.07 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3030.07
41-3030.07 Arizona game and fish department; termination July 1, 2030
Status: repealed

41-3030.07. Arizona game and fish department; termination July 1, 2030

A. The Arizona game and fish department, the Arizona game and fish commission and the director of the Arizona game and fish department terminate on July 1, 2030.

B. Title 17, chapter 2, articles 1, 2 and 3 and this section are repealed on January 1, 2031.
A.R.S. § 41-2701 — Arizona Code / Title 41 / Chapter 24 / Article 1 / Section 2701
41-2701 Definitions
Status: in_force

41-2701. Definitions

In this chapter, unless the context otherwise requires:

1. "Grant" means the furnishing of financial or other assistance, including state funds or federal grant funds, by any state governmental unit to any person for the purpose of supporting or stimulating educational, cultural, social or economic quality of life.

2. "Person" means any corporation, business, individual, committee, club or other organization or group of individuals.

3. "State governmental unit" means any department, commission, council, board, bureau, committee, institution, agency, government corporation or other establishment or official of the executive branch or corporation commission of this state.
A.R.S. § 41-1492.06 — Arizona Code / Title 41 / Chapter 9 / Article 8 / Section 1492.06
41-1492.06 Rules
Status: in_force

41-1492.06. Rules

A. Not more than one year after the effective date of this article, the attorney general shall adopt rules pursuant to chapter 6 of this title to carry out the intent of this article. The attorney general shall hold a reasonable number of public hearings at locations throughout the state prior to adoption of these rules. The attorney general shall publish the proposed rules and provide opportunity to receive testimony and written comments before adoption of the rules. The attorney general may request and receive appropriate technical assistance.

B. Compliance with titles II and III of the Americans with disabilities act and its implementing regulations shall be deemed in compliance with this article. The rules adopted under this article shall not exceed the regulations, guidelines and standards issued by the United States departments of transportation and justice relating to titles II and III of the Americans with disabilities act. No rule or amendment to a rule may be adopted without prior public hearing, prior publication, and opportunity to receive testimony and written comments.

C. The attorney general shall periodically review the final rules and amend rules if amendments are needed to achieve consistency with regulations promulgated pursuant to the Americans with disabilities act.

D. Nothing in this article is intended to limit the power of any political subdivision of this state to adopt rules or codes that exceed the requirements of this article.

E. The attorney general, on behalf of this state, shall apply for certification with the appropriate federal agency for the purpose of establishing that this section and its implementing rules meet the minimum requirements of the Americans with disabilities act.
A.R.S. § 41-1491.26 — Arizona Code / Title 41 / Chapter 9 / Article 7 / Section 1491.26
41-1491.26 Conciliation
Status: in_force

41-1491.26. Conciliation

A. The attorney general shall engage, to the extent feasible, in conciliation, including, if appropriate, mediation, with respect to the complaint.

B. A conciliation agreement is an agreement between a respondent and the complainant and is subject to approval by the attorney general.

C. A conciliation agreement may provide for binding arbitration or another method of dispute resolution. Dispute resolution that results from a conciliation agreement may authorize appropriate relief, including monetary relief.

D. A conciliation agreement shall not be made public unless all parties agree to the disclosure or the attorney general determines that disclosure is necessary to further the purposes of this article.

E. Nothing said or done in the course of conciliation may be made public or used as evidence in a subsequent proceeding under this article without the written consent of the persons concerned.

F. Materials in the investigative file may be disclosed to the parties to the extent reasonably necessary to further the investigation or conciliation discussions. Materials in the investigative file may be disclosed to the complainant for the purpose of deciding whether to file a complaint in court and may be disclosed to the respondent for the purpose of formulating its answer. After a court action has been filed, information derived from the investigation and the final investigation report relating to the investigation shall be subject to discovery.
A.R.S. § 41-2303 — Arizona Code / Title 41 / Chapter 19 / Article 1 / Section 2303
41-2303 Assistant director of tourism
Status: in_force

41-2303. Assistant director of tourism

A. The director shall appoint an assistant director of tourism subject to approval by the governor.

B. In the absence of the director, the assistant director shall perform the duties of the director of tourism.
A.R.S. § 41-1672 — Arizona Code / Title 41 / Chapter 11 / Article 7 / Section 1672
41-1672 Voluntary employment
Status: in_force

41-1672. Voluntary employment

An offender may be employed under this article only on a voluntary basis and only after the offender has been informed of the conditions of the offender's employment.
A.R.S. § 41-752 — Arizona Code / Title 41 / Chapter 4 / Article 4 / Section 752
41-752 Protections of civil or political liberties; prohibitions; civil penalty; violation; classification
Status: in_force

41-752. Protections of civil or political liberties; prohibitions; civil penalty; violation; classification

A. Except for expressing an opinion or pursuant to section 16-402, an employee shall not engage in any activities permitted by this section while on duty, while in uniform or at public expense.

B. An employee shall not:

1. Use any political endorsement in connection with any appointment to a position in the state personnel system.

2. Use or promise to use any official authority or influence for the purpose of influencing the vote or political action of any person or for any consideration.

C. An employee, a member of the state personnel board or a member of the law enforcement merit system council shall not be a member of any national, state or local committee of a political party, an officer or chairperson of a committee of a partisan political club or a candidate for nomination or election to any paid public office, shall not hold any paid, elective public office or shall not take any part in the management or affairs of any political party or in the management of any partisan or nonpartisan campaign or recall effort, except that any employee may:

1. Express an opinion.

2. Attend meetings for the purpose of becoming informed concerning the candidates for public office and the political issues.

3. Cast a vote and sign nomination or recall petitions.

4. Make contributions to candidates, political parties or campaign committees contributing to candidates or advocating the election or defeat of candidates.

5. Circulate candidate nomination petitions or recall petitions.

6. Engage in activities to advocate the election or defeat of any candidate.

7. Solicit or encourage contributions to be made directly to candidates or campaign committees contributing to candidates or advocating the election or defeat of candidates.

D. A person shall not:

1. Solicit any employee, member of the state personnel board or member of the law enforcement merit system council to engage or not engage in activities permitted by this section with the direct or indirect use of any threat, intimidation or coercion, including threats of discrimination, reprisal, force or any other adverse consequence, including the loss of any benefit, reward, promotion, advancement or compensation.

2. Subject any employee, member of the state personnel board or member of the law enforcement merit system council engaging in activity permitted by this section to any direct or indirect discrimination, reprisal, force, coercion or intimidation or any other adverse consequence, including the loss of any benefit, reward, promotion, advancement or compensation.

3. Subject any employee, member of the state personnel board or member of the law enforcement merit system council who chooses not to engage in any activity permitted by this section to any direct or indirect discrimination, reprisal, force, coercion or intimidation or any other adverse consequence, including the loss of any benefit, reward, promotion, advancement or compensation.

E. Subsections B and C of this section do not apply to those employees listed in section 41-742, subsection F.

F. This section does not apply to school board elections or community college district governing board elections, and an employee may serve as a member of the governing board of a common or high school district, as a member of a community college district governing board or in the office of precinct committeeman.

G. An employee who violates any of the provisions of this section is subject to suspension of not less than thirty days or dismissal.

H. A person who violates:

1. Subsection D of this section is guilty of a class 6 felony.

2. Any other provision of this section is guilty of a class 1 misdemeanor.

I. In addition to any other penalty, any person soliciting or encouraging a contribution in a manner prohibited by this section is subject to a civil penalty of up to three times the amount of the contribution solicited or encouraged plus costs, expenses and reasonable attorney fees.

J. This section does not deny any employee or board member any civil or political liberties as guaranteed by the United States and Arizona Constitutions.

K. It is the public policy of this state, reflected in this section, that government programs be administered in an unbiased manner and without favoritism for or against any political party or group or any member in order to promote public confidence in government, governmental integrity and the efficient delivery of governmental services and to ensure that all employees are free from any express or implied requirement or any political or other pressure of any kind to engage or not engage in any activity permitted by this section. Toward this end, any person or entity charged with the interpretation of this section shall take into account the policy of this section and shall construe any of its provisions accordingly.
A.R.S. § 41-151.11 — Arizona Code / Title 41 / Chapter 1 / Article 2.1 / Section 151.11
41-151.11 Access to public records
Status: in_force

41-151.11. Access to public records

The director, in person or through a deputy, has the right of reasonable access to all nonconfidential public records in this state, or any public office of this state or any county, city, district or political subdivision of this state, because of the historical and research value of data contained in those records, with a view to securing their safety and determining their need for preservation or disposal.
A.R.S. § 41-1731 — Arizona Code / Title 41 / Chapter 12 / Article 2 / Section 1731
41-1731 Peace officer training equipment fund; exemptions
Status: in_force

41-1731. Peace officer training equipment fund; exemptions

A. The peace officer training equipment fund is established consisting of monies deposited pursuant to sections 12-114 and 12-116.10.  The state treasurer shall administer the fund.  Monies in the fund may be used only for peace officer equipment.

B. The state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

C. Monies in the fund:

1. Do not revert to the state general fund at the end of the fiscal year.

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

3. Are subject to legislative appropriation.
A.R.S. § 41-511.23 — Arizona Code / Title 41 / Chapter 3 / Article 1.1 / Section 511.23
41-511.23 Conservation acquisition board; land conservation fund; conservation donation and public conservation accounts; livestock and crop conservation fund
Status: in_force

41-511.23. Conservation acquisition board; land conservation fund; conservation donation and public conservation accounts; livestock and crop conservation fund

(Caution:  1998 Prop. 105 applies)

A. The conservation acquisition board is established, as an advisory body to the Arizona state parks board, consisting of the following members who are appointed by the governor, at least one of whom shall be experienced in soliciting money from private sources:

1. One state land lessee.

2. One member who is qualified by experience in managing large holdings of private land for income production or conservation purposes.

3. One member of the state bar of Arizona who is experienced in the practice of private real estate law.

4. One real estate appraiser who is licensed or certified under title 32, chapter 36.

5. One member who is qualified by experience in marketing real estate.

6. One representative of a conservation organization.

7. One representative of a state public educational institution.

B. The governor shall designate a presiding member of the board. The term of office is five years except that initial members shall assign themselves by lot to terms of one, two, three, two members for four and two members for five years in office.

C. The conservation acquisition board shall:

1. Solicit donations to the conservation donation account.

2. Consult with entities such as private land trusts, state land lessees, the state land department, the Arizona state parks board and others to identify conservation areas that are reclassified pursuant to section 37-312 and that are suitable for funding.

3. Recommend to the Arizona state parks board appropriate grants from the land conservation fund.

D. The land conservation fund is established consisting of the following accounts:

1. The conservation donation account consisting of monies received as donations.  Donations to the account are subject to any lawful conditions the donor may prescribe, including any conditions on the use of the money or reversion to the donor.  Monies in the account are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

2. The public conservation account consisting of monies appropriated to the account from the state general fund and monies from any other designated source.  In fiscal years 2000-2001 through 2010-2011, the sum of twenty million dollars is appropriated each fiscal year from the state general fund to the public conservation account in the land conservation fund for the purposes of this section.  Monies in the account are appropriated for the purposes of this section, and the Arizona state parks board may spend monies in the account without further legislative authorization.  Each expenditure of monies from the public conservation account for purposes listed under subsection G, paragraph 2 of this section shall be matched by an equal expenditure of monies from the conservation donation account or from other private or governmental sources.

E. If the legislature fails to appropriate monies to the public conservation account in a fiscal year, and if there are no other monies in the public conservation account, the Arizona state parks board may either grant nothing from the fund in that year or, on recommendation by the conservation acquisition board, may grant available monies in the conservation donation account for purposes authorized in subsection G of this section.

F. The monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

G. Monies in the public conservation account, with matching monies from the conservation donation account, are appropriated as follows:

1.  A total of two million dollars each fiscal year to the livestock and crop conservation fund.  The fund is established for the purposes of this paragraph.  Monies in the fund are continuously appropriated to the Arizona department of agriculture for the exclusive purpose of granting monies to individual landowners and grazing and agricultural lessees of state or federal land who contract with the Arizona department of agriculture to implement conservation based management alternatives using livestock or crop production practices, or reduce livestock or crop production, to provide wildlife habitat or other public benefits that preserve open space and for administrative expenses as provided by this paragraph.  The department shall administer the fund.  On notice from the director of the department, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.  Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.  For the purposes of granting monies from the fund pursuant to this paragraph, the department:

(a) Shall develop guidelines and criteria for implementation of this program that shall include requiring as part of the application a letter describing the intended use for the grant money.

(b) Shall give priority to lessees of state or federal land who reduce livestock production to provide public benefits such as wildlife species conservation or wildlife habitat.

(c) Shall not grant more than fifty per cent of the monies in the fund with respect to land in one county in any fiscal year.

(d) Is exempt from chapter 6 of this title with respect to adopting rules, except that the department shall provide for public notice and sixty days for public comment on the annual grant guidelines and criteria, including public hearings.

(e) Shall award all grants pursuant to chapter 24, article 1 of this title.

(f) Shall require each grantee to submit to the department, within twelve months after receiving the grant, a written report detailing how grant monies were used to achieve the project described in the letter submitted as part of the application.  If the project is longer than one year, a written report shall be submitted to the department on an annual basis until the project is complete.

(g) May use not more than ten per cent of the monies appropriated to the fund in any fiscal year for the purposes of administering the program.

(h) Shall prepare a report of the disposition of monies appropriated to the fund each fiscal year and provide a copy of the report to the governor, to the Arizona state parks board and to any person who requests a copy.

2.  The remainder of the monies to the Arizona state parks board for the exclusive purpose of granting monies to the state or any of its political subdivisions, or to a nonprofit organization that is exempt from federal income taxation under section 501(c) of the internal revenue code and that has the purpose of preserving open space, for the following purposes only:

(a) To purchase or lease state trust lands that are classified as suitable for conservation purposes pursuant to title 37, chapter 2, article 4.2.  A grant of money under this subdivision to a nonprofit organization is conditioned on the organization providing reasonable public access to any land that is wholly or partly purchased with that money.  The organization shall agree with the Arizona state parks board that it will impose a restrictive covenant, running with the title to the land, granting such access and providing for reversion to this state of any interest in the property acquired with money granted under this subdivision on the failure to comply with the terms of the covenant.  The Arizona state parks board and the state land commissioner have standing to either enforce the covenant or recover the amount of the grant from the current owner, with interest from the date the grant was awarded to the nonprofit organization.

(b) To purchase the development rights of state trust lands throughout this state under the following conditions:

(i) The development rights shall be sold at public auction as provided in section 37-258.01.

(ii) The lessee of the state trust land at the time the development rights are purchased shall be notified of the purchase in writing.

(iii) The purchase of the development rights shall not result in cancellation or modification of the current lease.

(iv) The purchase of the development rights shall not affect the existing lessee's current economic use of the land and rights pursuant to title 37, chapter 2, article 4.2.

(v) As a condition of the sale of the development rights, the purchaser shall agree in perpetuity not to exercise the development rights and that the land shall remain as open space.

(vi) The state trust land shall retain any other rights and attributes as prescribed by law at the time of the purchase.

H. For the purposes of subsection G, paragraph 2 of this section:

1.  The Arizona state parks board shall not grant more than fifty per cent of the monies with respect to land in one county in any fiscal year.

2. A grant of money is valid for eighteen months and may be extended one time for twelve additional months if a required public auction has not been held.

3. The Arizona state parks board may adopt rules to establish qualifications of nonprofit organizations for purposes of applying for and receiving money granted.

4. The owner of property that is wholly or partly acquired with money granted shall not restrict or unreasonably limit access to private lands.  Any sale of land with money granted shall include a condition requiring that permanent access to private lands be allowed.

I. The Arizona state parks board shall administer the land conservation fund. On notice from the board, the state treasurer shall invest and divest monies in either account in the fund as provided by section 35-313, and monies earned from investments shall be credited to a separate administration account to pay the board's expenses of administering the land conservation and acquisition program under subsection G, paragraph 2 of this section, which shall not exceed five per cent of the amount deposited in the public conservation account in any fiscal year or five hundred thousand dollars, whichever is less.  Investment earnings in excess of five hundred thousand dollars are appropriated to the Arizona state parks board for the purpose of operating state parks.

J. Members of the conservation acquisition board may be reimbursed for travel and lodging expenses and per diem subsistence allowances incurred while on public business for the board.  Reimbursement amounts shall not exceed those allowed under title 38, chapter 4, article 2.
A.R.S. § 41-1502 — Arizona Code / Title 41 / Chapter 10 / Article 1 / Section 1502
41-1502 Arizona commerce authority; board of directors; conduct of office; audit
Status: in_force

41-1502. Arizona commerce authority; board of directors; conduct of office; audit

A. The Arizona commerce authority is established. The mission of the authority is to provide private sector leadership in growing and diversifying the economy of this state, creating high quality employment in this state through expansion, attraction and retention of businesses and marketing this state for the purpose of expansion, attraction and retention of businesses.

B. The authority is governed by a board of directors consisting of:

1. The governor, who serves as chairperson.

2. The chief executive officer.

3. Seventeen private sector business leaders who are chief executive officers of private, for-profit enterprises. None of these members may be an elected official of any government entity. These members must be appointed from geographically diverse areas of this state and not all from the same county. These members shall serve staggered three-year terms of office beginning and ending on the third Monday in January.  These members shall be appointed as follows:

(a) Nine members who are appointed by the governor.

(b) Four members who are appointed by the president of the senate.

(c) Four members who are appointed by the speaker of the house of representatives.

4. The following as ex officio members without the power to vote:

(a) The president of the senate.

(b) The speaker of the house of representatives.

(c) The president of the Arizona board of regents.

(d) The president of each state university under the jurisdiction of the Arizona board of regents.

(e) One president of a community college who is appointed by a statewide organization of community college presidents.

(f) The chairperson of the governor's council on small business, or its successor.

(g) The chairperson of the workforce Arizona council established by executive order pursuant to section 41-5401.

(h) One member of the rural business development advisory council established by section 41-1505 who is appointed by the governor.

(i) The president of a statewide organization of incorporated cities and towns who is appointed by the governor.

(j) The president of a statewide organization of county boards of supervisors who is appointed by the governor.

C. For members who are appointed by the governor pursuant to subsection B of this section, before appointment by the governor, a prospective member of the board of directors shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

D. The following shall serve as technical advisors to the board to enhance collaboration among state agencies to meet infrastructure needs and facilitate growth opportunities throughout this state:

1. The director of environmental quality.

2. The state land commissioner.

3. The director of the department of revenue.

4. The director of the office of tourism.

5. The director of the department of transportation.

6. The director of water resources.

7. The director of the department of insurance and financial institutions.

8. The director of the Arizona-Mexico commission in the governor's office.

9. The director of the office of economic opportunity.

10. An attorney who is appointed jointly by the president of the senate and the speaker of the house of representatives and who has experience litigating constitutional cases involving article IX, section 7 of the Arizona Constitution.

E. The governor shall appoint a cochairperson of the board of directors from among the voting members. The board may establish an executive committee consisting of the chairperson, the cochairperson, the chief executive officer and additional voting members of the board elected by the board. The chairperson may appoint subcommittees as necessary.

F. The board may request assistance from representatives of other state agencies to maximize economic development opportunities by leveraging their access to strategic assets and planning processes.

G. Board members serve without compensation but are eligible for reimbursement of expenses pursuant to section 41-1504, subsection E, paragraph 1.

H. A majority of the voting members, which must include the chairperson and the chief executive officer, constitute a quorum for the purpose of an official meeting for conducting business.  An affirmative vote of a majority of the members present at an official meeting is sufficient for any action to be taken.

I. The board shall keep and maintain a complete and accurate record of all of its proceedings.  Public access to the board's records is subject to section 41-1504, subsection M. The public portion of board meetings shall be recorded. These recordings shall be posted on the authority's website within three business days after the meeting and shall remain on the website pursuant to section 38-431.01, subsection K.

J. The board of directors, executive committee, subcommittees and advisory councils are subject to title 38, chapter 3, article 3.1, relating to public meetings, except as follows:

1. In addition to section 38-431.03, the board, executive committee and subcommittees may meet in executive session for discussion about potential business development opportunities and strategies that, if made public, could potentially harm the applicant's, the potential applicant's or this state's competitive position.

2. Social and travel events related to the expansion, attraction and retention of businesses are not public meetings if no legal action involving a final vote or decision is taken.

3. Activities and events held in public for the purpose of announcing the expansion, attraction and retention of projects are not public meetings.

K. The board and the officers and employees of the authority are subject to title 38, chapter 3, article 8, relating to conflicts of interest.

L. The board of directors shall adopt written policies, procedures and guidelines for standards of conduct, including a gift policy, for members of the board and for officers and employees of the authority.

M. The compensation of all officers and employees is considered a public record pursuant to title 39, chapter 1.

N. The authority shall operate on the state fiscal year. The board shall cause an annual audit to be conducted on or before October 31 of each of the authority's public funds established by this chapter by an independent certified public accountant. The board shall immediately file a certified copy of the audit with the auditor general.  The auditor general may make such 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 takes no further action within thirty days after the audit is filed, the audit is considered to be sufficient.

O. All state agencies shall cooperate with the authority and make available data pertaining to the functions of the authority as requested by the authority.

P. The authority may not have more than one hundred full-time employees, excluding any full-time employees that are funded with monies other than state monies.
A.R.S. § 41-2822 — Arizona Code / Title 41 / Chapter 26 / Article 1 / Section 2822
41-2822 Committed youth work program
Status: in_force

41-2822. Committed youth work program

A. The director shall establish a committed youth work program for youths in secure care facilities and on conditional liberty to ensure that:

1. All committed youths in a secure care facility receive work assignments commensurate and compatible with the condition and limitations of the youth's physical and mental health.

2. Committed youths on conditional liberty, as a condition of liberty, may receive work assignments. All work assignments shall be commensurate and compatible with the condition and limitations of the youth's physical and mental health.

3. No committed youth in a secure care facility or on conditional liberty participates in a work assignment that threatens the safety and security of the public, a secure care facility or the committed youth.

B. A committed youth may be exempted from the work requirement if the staff determines that the exemption is necessary for the health, safety or treatment of the youth. The director or the director's authorized designee shall review and approve each exemption of a committed youth from engaging in the work requirements of this section.

C. Notwithstanding title 23, chapter 2, article 3 relating to youth employment, each youth who is under commitment to the department, who is confined in a secure care facility under the department's jurisdiction and who is not regularly attending and making satisfactory progress in educational classes shall engage in work for at least forty hours a week unless exempted pursuant to subsection B of this section.

D. Each committed youth who is engaged in productive work while under the jurisdiction of the department may receive such compensation for the youth's work as the director determines.  The compensation shall be in accordance with a graduated schedule based on quality and quantity of work performed and skill required for its performance.

E. The compensation of committed youths shall be paid directly by an outside entity or monies appropriated by the legislature or by the department with monies from the department of juvenile corrections restitution fund established by section 41-2826.

F. A minimum of two-thirds of any compensation earned pursuant to this section by a committed youth in a secure care facility shall be paid to the clerk of the superior court to satisfy any juvenile court restitution order made pursuant to section 8-344.  While a youth is on conditional liberty, the department shall determine the amount of wages to be credited to restitution.

G. The department shall require the payment of court-ordered restitution, monetary reimbursements or assessments as a term of conditional liberty.

H. With the approval of the juvenile court and the victim, community restitution hours may be substituted for monetary restitution or monetary assessments at a rate deemed reasonable by the department.

I. The department may enter into contracts with this state, any political subdivision of this state or private entities in order to provide employment or vocational educational experience.
A.R.S. § 41-1491.11 — Arizona Code / Title 41 / Chapter 9 / Article 7 / Section 1491.11
41-1491.11 Cooperation with other entities
Status: in_force

41-1491.11. Cooperation with other entities

The attorney general shall cooperate with federal fair housing agencies and, as appropriate, may provide technical and other assistance to federal, state, local and other public or private entities that are formulating or operating programs to prevent or eliminate discriminatory housing practices. Nothing in this article shall be interpreted as prohibiting a political subdivision of this state from administering fair housing projects or cities or towns with a population of three hundred fifty thousand or more persons according to the 1990 United States decennial census from adopting a fair housing ordinance.
A.R.S. § 41-511.01 — Arizona Code / Title 41 / Chapter 3 / Article 1.1 / Section 511.01
41-511.01 Compensation and organization of board
Status: in_force

41-511.01. Compensation and organization of board

A. Appointive members of the board shall serve without compensation.

B. A majority of the membership of the board shall constitute a quorum for the transaction of business. Members of the board shall select one of themselves its chairman for such term as they determine and may appoint from within their membership other officers for such terms as they deem necessary or desirable. The board shall adopt rules for the conduct of its meetings. A record shall be kept of all proceedings and transactions.
A.R.S. § 41-1829 — Arizona Code / Title 41 / Chapter 12 / Article 8.1 / Section 1829
41-1829 Arizona peace officers memorial board
Status: in_force

41-1829. Arizona peace officers memorial board

A. The Arizona peace officers memorial board is established consisting of the following members:

1. The attorney general or the attorney general's designee, who shall serve as permanent chairperson.

2. The director of the department of public safety or the director's designee.

3. The director of the state department of corrections or the director's designee.

4. The executive director of the Arizona criminal justice commission or the executive director's designee.

5. Eleven members appointed pursuant to subsection B of this section.

6. As advisory members, the chairpersons of the appropriations and judiciary committees of the house of representatives and the senate. For the purposes of this paragraph, "advisory member" means a member who gives advice to the other members of the peace officers memorial board at meetings of the board but who is not eligible to vote and is not a member for purposes of determining whether a quorum is present.

B. The permanent chairperson shall appoint one private citizen who is knowledgeable in the history of law enforcement in this state, one county sheriff or the county sheriff's designee, one local police chief or the police chief's designee, two members selected from a recognized fraternal organization for law enforcement personnel, two representatives from the business community, two family members of peace officers who have lost their lives in the line of duty and two members from a statewide organization representing law enforcement personnel.

C. The board shall meet at the call of the permanent chairperson.

D. Members of the board are not eligible to receive compensation, but members appointed pursuant to subsection B of this section are entitled to reimbursement from the Arizona peace officers memorial fund for reasonable expenses in traveling on and attending to official board business.
A.R.S. § 41-610.02 — Arizona Code / Title 41 / Chapter 3 / Article 7 / Section 610.02
41-610.02 Veteran suicide prevention training pilot program; annual report
Status: in_force

41-610.02. Veteran suicide prevention training pilot program; annual report

(Rpld. 1/1/28)

A. The veteran suicide prevention training pilot program is established in the department to offer claims examiners and county and municipal veteran service offices specialized training and certification in preventing veteran suicides.

B. The department shall contract with an organization that has experience in developing and implementing veteran-relevant and evidence-based suicide prevention training to develop the training curriculum. The department shall establish and oversee the process for selecting program participants and certifying program participants who successfully complete veteran suicide prevention training.

C. The program shall train program participants to do the following:

1. Identify indicators of elevated suicide risk in veterans.

2. Provide emergency crisis referrals for veterans expressing or exhibiting symptoms of emotional or psychological distress.

D. The department shall adopt rules necessary to implement this section.

E. On or before July 30 each year, the department shall submit a report to the president of the senate and the speaker of the house of representatives that includes information concerning the pilot program and whether any changes should be made to the pilot program to increase the program's effectiveness. In the department's final report, the department shall recommend whether the pilot program should be continued.
A.R.S. § 41-271 — Arizona Code / Title 41 / Chapter 2 / Article 1 / Section 271
41-271 Grounds to deny, refuse to renew, revoke, suspend or condition commission of notary public
Status: in_force

41-271. Grounds to deny, refuse to renew, revoke, suspend or condition commission of notary public

A. The secretary of state may deny, refuse to renew, revoke, suspend or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the competence or reliability to act as a notary public, including any of the following:

1. Failure to comply with this article.

2. A fraudulent, dishonest or deceitful misstatement or omission in the application for a commission as a notary public submitted to the secretary of state.

3. A conviction of the applicant or notary public of any felony or a crime involving fraud, dishonesty or deceit.  A conviction after a plea of no contest is deemed to be a conviction for the purposes of this paragraph.

4. A finding against or admission of liability by the applicant or notary public in any legal proceeding or disciplinary action based on the applicant's or notary public's fraud, dishonesty or deceit.

5. Failure by the notary public to discharge any duty required of a notary public, whether by this article, rules of the secretary of state or federal or state law.

6. Use of false or misleading advertising or representation by the notary public that the notary has a duty, right or privilege that the notary does not have.

7. Violation by the notary public of a rule of the secretary of state regarding a notary public.

8. Denial, refusal to renew, revocation, suspension or conditioning of a notary public commission in another state.

9. Failure of the notary public to maintain an assurance as provided in section 41-269, subsection D.

10. Charging more than the fees authorized by this article or rule.

11. The return for insufficient funds or for any other reason for nonpayment of a check issued for the assurance filing fees or application fees to the secretary of state.

12. Failure to respond to any request for information or to comply with any investigation initiated by the secretary of state or the attorney general.

13. The prior revocation of a notary public commission in this state.

B. If the secretary of state denies, refuses to renew, revokes, suspends or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and a hearing in accordance with chapter 6, article 10 of this title. The denial of an application or revocation or suspension of a commission is an appealable agency action.  If an applicant appeals the denial of an application, the applicant may not submit a new application for consideration while the appeal is pending. If an individual's commission as a notary public in this state is revoked, the individual may not submit a new application for commission for one year after the date of revocation.

C. The authority of the secretary of state to deny, refuse to renew, suspend, revoke or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law.
A.R.S. § 41-129 — Arizona Code / Title 41 / Chapter 1 / Article 2 / Section 129
41-129 Election systems improvement fund; purpose
Status: in_force

41-129. Election systems improvement fund; purpose

A. The election systems improvement fund is established in the office of the secretary of state. The fund shall consist of monies received from the United States government, matching monies from state, county or local governments, legislative appropriations, gifts, grants and donations.

B. The secretary of state shall administer the fund. Any monies deposited into the fund in fiscal years 2002-2003 and 2003-2004 are appropriated to the secretary of state and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. To the extent permitted by federal law, monies in the fund, other than state general fund monies, deposited each subsequent fiscal year are subject to legislative appropriation and such appropriations are subject to the lapsing provisions of section 35-190. State general fund monies appropriated to the fund beginning in fiscal year 2004-2005 are available for use by the secretary of state without further appropriation. Monies in the fund do not revert to the state general fund or any other funding source at the end of the fiscal year. The state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

C. On or before December 31 of each year, the secretary of state shall submit to the joint legislative budget committee and the governor's office of strategic planning and budgeting a summary of the total expenditure plan for the fund.

D. Monies in the fund shall be used to implement the provisions of the help America vote act of 2002 (P.L. 107-252).
A.R.S. § 41-2612 — Arizona Code / Title 41 / Chapter 23 / Article 9 / Section 2612
41-2612 Subject of rules
Status: in_force

41-2612. Subject of rules

The rules adopted by the director pursuant to section 41-2611 shall address at least the following subjects:

1. Protested solicitations and awards.

2. Vendor performance and evaluation of past performance.

3. Suspension or debarment of contractors.

4. Breach of contract controversies and contract claims.
A.R.S. § 41-1830 — Arizona Code / Title 41 / Chapter 12 / Article 9 / Section 1830
41-1830 Council; membership; staff
Status: in_force

41-1830. Council; membership; staff

A. There is established the Arizona prosecuting attorneys' advisory council which shall consist of all county attorneys, the attorney general or his designee, the dean of the law school of Arizona state university or the university of Arizona, the chief municipal or city prosecutor of each city that has a population of more than two hundred fifty thousand and one full-time municipal prosecutor from a municipality that has a population of two hundred fifty thousand or less appointed by the governor, and the chief justice of the Arizona supreme court or his designee. Meetings shall be held at least quarterly or upon call of the chairman or by the written request of five members of the council or by the governor. The council may employ an executive director and such other staff, including clerical assistants, as are necessary to fulfill the purposes of the council.

B. The term of each regular member shall be three years unless a member vacates the public office which qualified him for this appointment.

C. No compensation shall be paid for serving on the council.

D. The council may accept contributions, grants, gifts, donations, services or other financial assistance from any individual, association, corporation or other organization having an interest in prosecution training, and from the United States of America and any of its agencies or instrumentalities, corporate or otherwise. Such monies shall be deposited in the fund created by section 41-1830.03.

E. Membership on the council shall not constitute the holding of an office, and members of the council shall not be required to take and file oaths of office before serving on the council. No member of the council shall be disqualified from holding any public office or employment, nor shall he forfeit any such office or employment by reason of his appointment, notwithstanding the provisions of any general, special or local law, ordinance or city charter.
A.R.S. § 41-2671 — Arizona Code / Title 41 / Chapter 23 / Article 13 / Section 2671
41-2671 Definitions
Status: in_force

41-2671. Definitions

In this article, unless the context otherwise requires:

1. "Information services" means data processing, telecommunications and office systems technologies and services.

2. "Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork called the world wide web.

3. "On-line bidding" means a procurement process in which public agencies receive vendors' bids for goods, services, construction or information services electronically over the internet in a real-time, competitive bidding event.
A.R.S. § 41-1545 — Arizona Code / Title 41 / Chapter 10 / Article 5 / Section 1545
41-1545 Definitions
Status: in_force

41-1545. Definitions

In this article, unless the context otherwise requires:

1. "Arizona basic enterprise" means any enterprise that is located or principally based in this state and that can provide demonstrable evidence that it meets one or more of the following:

(a) It is primarily engaged in one or more of the Arizona basic industries.

(b) It is the national or regional corporate headquarters of an Arizona basic industry or the corporate or regional headquarters of a multistate enterprise that is primarily engaged in out-of-state industrial activities.

(c) It is primarily engaged in developing or producing goods or providing services for out-of-state sale.

2. "Arizona basic industry" means any of the following:

(a) Manufacturing industries identified by North American industry classification system code sectors 31, 32 and 33.

(b) Producing goods or services that derive at least sixty-five percent of revenue from out-of-state sales.

(c) Research and development of new products, processes or technologies.

(d) National or regional headquarters or back-office operations supporting a national or regional company.

(e) Warehouse distribution operations identified by North American industry classification system code sector 42 if sixty-five percent of inventory is shipped out of state.

3. "Authority" means the Arizona commerce authority.

4. "Employee" means a person employed in a new job.

5. "Employer" means an Arizona basic enterprise providing new jobs in conjunction with a project, except that the following do not qualify for the purposes of this article:

(a) Any corporation, partnership or other entity conducting a business identified by any of the following North American industry classification system code groups, sectors or subsectors:

(i) Industry group 7132 or 8131.

(ii) Sector 44, 45, 61, 92 or 221, including water and sewer services.

(iii) Subsector 722.

(b) Any corporation, partnership or other entity that is delinquent in the payment of any unprotested taxes or other amounts due to the federal government, this state or any political subdivision of this state.

(c) Any corporation, partnership or other entity that is currently in bankruptcy or has publicly announced its intention to file for bankruptcy protection.

6. "Full-time" means permanent employment for at least one thousand seven hundred fifty hours per year.

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

8. "Microenterprise" means any business that is located or principally based in this state and that employs ten or fewer employees.  Microenterprise includes a start-up business, a home-based business and a self-employed business.

9. "New job" means full-time employment in a new or expanding Arizona basic enterprise that pays an average annual wage equal to at least one hundred percent of the median wage by county as determined annually by the Arizona commerce authority and includes health insurance for employees for which the employer pays at least sixty-five percent of the premium or membership cost, but not including jobs of recalled workers or existing jobs that are vacant or other jobs that formerly existed in the enterprise in this state.

10. "Primarily engaged" means at least one-half of the gross income of the enterprise is derived from the engagement.
A.R.S. § 41-511 — Arizona Code / Title 41 / Chapter 3 / Article 1.1 / Section 511
41-511 Arizona state parks board; membership; appointment; terms
Status: in_force

41-511. Arizona state parks board; membership; appointment; terms

A. There shall be an Arizona state parks board, which shall consist of seven members. The state land commissioner shall be a member and the remaining members, each of whom shall be a bona fide resident of the state, shall be appointed by the governor pursuant to section 38-211. The appointive members shall be selected because of their knowledge of and interest in outdoor activities, multiple use of lands, archaeology, natural resources and the value of the historical aspects of Arizona, and because of their interest in the conservation of natural resources. Not less than one of the appointive members shall be representative of the livestock industry, one appointive member shall be professionally engaged in general recreation work and one appointive member shall be professionally engaged in the tourism industry.

B. All appointments shall be for a term of six years and shall expire on the third Monday in January of the appropriate year.
A.R.S. § 41-2414 — Arizona Code / Title 41 / Chapter 21 / Article 1 / Section 2414
41-2414 Law enforcement crime victim notification fund; software; vendor requirement; use of monies; definition
Status: in_force

41-2414. Law enforcement crime victim notification fund; software; vendor requirement; use of monies; definition

A. The law enforcement crime victim notification fund is established consisting of legislative appropriations. The Arizona criminal justice commission shall administer the fund.  Monies in the fund are continuously appropriated.  Notwithstanding any other law, the Arizona criminal justice commission shall use fund monies to expand the commission's automated crime victim notification system and to fund software that does the following:

1. Complies with all of the following:

(a) Article II, section 2.1, Constitution of Arizona.

(b) Title 8, chapter 3, article 7.

(c) Title 13, chapter 40.

2. Enables the Arizona criminal justice commission to deploy an automated crime victim notification system to a user base consisting of law enforcement agencies. The automated crime victim notification system must do the following:

(a) Automatically, and without the requirement to download a software application or to opt in to notifications, notify the victim by email or text of all of the following regarding a victim's law enforcement crime report, investigation and case, if approved by the law enforcement agency:

(i) The date on which the report is filed.

(ii) The case number.

(iii) The name of the detective who is assigned to the case.

(iv) When arrests are made.

(v) When warrants are issued.

(vi) When the case is sent to the prosecuting agency.

(vii) Initial appearance.

(b) Interface with the law enforcement agency's system of record.

(c) Provide configurable triggers to send messages to crime victims.

(d) Provide the ability to attach informational brochures or other electronic attachments to the messages.

(e) Provide the ability for victims to find their case status on the vendors' websites with links that are available on the law enforcement agency's website.

(f) Be configurable to the requirements of each law enforcement agency in this state.

(g) Include the law enforcement agency's branding, email address and web domain for all communications.

(h) Provide the ability to send messages in multiple languages.

(i) Provide a short code or a long code telephone number with a local area code.

(j) Monitor the number of messages sent and the types of messages sent and visualize the data.

3. Provides a criminal justice information service compliant automated victim notification platform that ensures the following:

(a) Crime victims are automatically notified by text, automated telephone call or email following any updates to their case.

(b) Law enforcement agencies determine the notifications.

(c) Crime victims are able to proactively locate their case status online.

(d) No additional staffing is required.

4. Provides for multiagency notification to enable an agency to automatically share the status of an incident or investigation with an identified partner agency based on configurable criteria.

5. Allows victims to leverage conversational artificial intelligence for bidirectional real-time communication with law enforcement agencies through voice, text messages and emails.  The system shall provide a virtual agent that responds to and asks questions based on the victim's questions and responses.

6. Provides a mechanism to track whether there is a data outage at a law enforcement agency and informs the law enforcement agency and the Arizona criminal justice commission of the data outage.  During an outage period, the software system shall have a backup process for law enforcement agencies to ensure that notifications are made in a timely and accurate manner.

7. Complies with the technical guidelines and standards for the operation of a statewide automated crime victim information and notification system recommended by the United States department of justice's bureau of justice assistance.

8. Provides a designated statewide toll-free number that is available twenty-four hours a day, seven days a week, that is operated by trained operators available in multiple languages and that allows victims, surviving immediate family members, witnesses and other concerned citizens to search for and obtain information about an offender, inmate or case and to register for notifications.

B. The vendors chosen by the Arizona criminal justice commission to be part of the partnership must have previously deployed a solution for a city police department, sheriff's office and prosecutor's office. The previously deployed solutions could have been deployed in Arizona or in another state, or a combination of both.

C. The Arizona criminal justice commission shall use the monies in the fund to pay for law enforcement agencies that choose to use the automated crime victim notification system.

D. For the purposes of this section, "law enforcement agency" includes a state, city, town, county, tribal, university or prosecutorial agency.
A.R.S. § 41-511.02 — Arizona Code / Title 41 / Chapter 3 / Article 1.1 / Section 511.02
41-511.02 Director; qualifications; state historic preservation officer
Status: in_force

41-511.02. Director; qualifications; state historic preservation officer

A. The governor shall appoint a full-time director pursuant to section 38-211 who shall:

1. Not be a member of the Arizona state parks board.

2. Serve at the pleasure of the governor.

3. Be qualified by successful experience in administration in business or in government.

4. Have a knowledge of or training in the multiple use of lands and the conservation of natural resources.

B. The governor shall designate a full-time employee of the board with professional competence and expertise in the field of historic preservation as the "state historic preservation officer" to administer the state historic preservation program.
A.R.S. § 41-906 — Arizona Code / Title 41 / Chapter 5 / Article 1 / Section 906
41-906 Return of alien and nonresident public charges
Status: in_force

41-906. Return of alien and nonresident public charges

A. The governor shall cooperate with the United States commissioner general of immigration and with boards or officials of foreign countries for the purpose of arranging and providing for the return to the foreign countries of alien public charges confined in the state hospital or in the industrial school, and of aliens discharged from the state prison.

B. To facilitate the return of nonresident public charges confined in the state hospital, or in the state industrial school, the governor may enter into reciprocal agreements or arrangements with officers of other states for the mutual exchange of such public charges, and in pursuance thereof the governor may give written consent and approval of the return to the state of any resident of this state confined in a public institution of another state, corresponding to hospitals or asylums for the insane, or of a state institution for the reformation of delinquent minors.

C. A person shall not be deemed a resident of this state for the purposes of this section unless he has resided continuously in the state for one year next preceding commitment to any of the institutions named in this section.

D. The expenses incurred in returning aliens and nonresident public charges shall be paid by the state, but the expense of returning residents of this state to this state shall not be paid by this state.
A.R.S. § 41-1402 — Arizona Code / Title 41 / Chapter 9 / Article 1 / Section 1402
41-1402 Powers and duties of the division
Status: in_force

41-1402. Powers and duties of the division

A. The division may:

1. Employ an executive director for the board and other necessary personnel whose compensation shall be as determined pursuant to section 38-611.

2. Subject to the provisions and restrictions of this chapter, cooperate with and enter into agreements with the United States equal employment opportunity commission, the United States department of housing and urban development and other United States agencies interested in practices governed by this chapter, accept monies from those agencies and carry out and perform the covenants and conditions of any written agreement with those agencies not inconsistent with or beyond this chapter.

3. Cooperate with and enter into agreements with state and local agencies not inconsistent with or beyond this chapter.

4. Intervene in a civil action brought under section 41-1481 by a complainant against a defendant other than the state.

5. After studying recommendations of the board, issue, amend or rescind procedural rules to carry out this chapter.

6. Make periodic surveys of the existence and effect of discrimination because of race, color, religion, sex, age, disability, familial status or national origin in the enjoyment of civil rights by any person within this state as prescribed by this chapter.

7. Foster, through community effort, in cooperation with both public and private groups, the elimination of discrimination based on race, color, religion, sex, age, disability, familial status or national origin.

8. Issue publications of results of studies, investigations and research as in its judgment will tend to promote goodwill and the elimination of discrimination between persons because of race, color, religion, sex, age, disability, familial status or national origin.

9. Furnish persons subject to this chapter with such assistance as may be reasonably necessary to further compliance with this chapter.

B. The division shall:

1. Administer this chapter.

2. Report from time to time, but not less than once a year in December, to the legislature and the governor, describing its activities and accomplishments during the year, and file with each report a copy of all recommendations of the division as to additional remedial action by legislative enactment or otherwise.
A.R.S. § 41-832 — Arizona Code / Title 41 / Chapter 4.1 / Article 2 / Section 832
41-832 Meetings of society; nominations; bylaws of society; election of officers; meetings; rules and regulations; employment of director and other personnel
Status: in_force

41-832. Meetings of society; nominations; bylaws of society; election of officers; meetings; rules and regulations; employment of director and other personnel

A. The society shall meet annually on the first Monday of June at the call of the president for the purpose of nominating new members of the board of trustees and to conduct such other business as may properly come before it.  The nominations shall be made by a nominating committee chosen by the members of the society. Members of the board of trustees shall serve for a term of three years.

B. The society may adopt bylaws for its government.

C. The board of trustees shall elect annually from its membership a president, vice president, secretary and a treasurer.

D. Regular meetings of the board of trustees shall be held at least once during each calendar quarter. Special meetings may be held at the call of the president or upon petition of any three of its members.  Members of the board of trustees shall receive no compensation but shall be reimbursed for subsistence and travel expenses incurred in the performance of their duties as provided for other state officers.

E. The board of trustees shall adopt rules and regulations for the administration of the work of the society and for carrying out the provisions of this article. The rules and regulations may divide membership of the society in four classes named life, one year, associate and honorary and may define each class. The fees for each class shall be fixed by the board of trustees, provided that the fee for any class may not exceed twenty-five dollars per annum.

F. The board of trustees may employ, subject to chapter 4, article 4 of this title, a director, assistant director, custodians, archivists, librarians, researchers, maintenance personnel, gardeners or other necessary personnel, define their duties and fix their compensation pursuant to section 38-611 and within the limits of legislative appropriation. The board may also employ the services of professional consultants on a fee basis within the limits of legislative appropriation.
A.R.S. § 41-3030.03 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3030.03
41-3030.03 State auditor general; termination July 1, 2030
Status: repealed

41-3030.03. State auditor general; termination July 1, 2030

A. The state auditor general terminates on July 1, 2030.

B. Title 41, chapter 7, articles 10.1 and 10.2 and this section are repealed on January 1, 2031.
A.R.S. § 41-1304.03 — Arizona Code / Title 41 / Chapter 8 / Article 1 / Section 1304.03
41-1304.03 Authority to blend sections amended or added more than once before publication
Status: in_force

41-1304.03. Authority to blend sections amended or added more than once before publication

When a section of the statutes is added or amended by two or more enactments, or if a section of the Constitution of Arizona is amended by vote of the people on two or more ballot propositions, after the most recent official publication of the statutes, the director of the Arizona legislative council may, when preparing the laws for the next publication, combine the multiple versions of each respective section into a single section, except that:

1. In so doing the director may not effect a substantive change in the existing statutes or the provisions of the new enactment.

2. A provision that is subject to a referendum shall not be combined with any other amendment or addition of the same section until the provision becomes law as provided in the Constitution of Arizona.
A.R.S. § 41-151.07 — Arizona Code / Title 41 / Chapter 1 / Article 2.1 / Section 151.07
41-151.07 Library development services
Status: in_force

41-151.07. Library development services

The state library shall:

1. Direct and coordinate statewide public library services.

2. Encourage and assist the development of library services in state and local institutions and governmental units.

3. Compile and disseminate statistics and other data relating to libraries and library services.

4. Give professional advice and assistance in the establishment and operation of county free libraries, municipal or other libraries, or any combinations of county free and municipal or other libraries, and to joint ventures of public and private or nonprofit libraries in this state that make library information available to the public and that request such professional advice and assistance.

5. Develop library services for the blind and persons with physical disabilities regardless of the type of technology used.

6. Perform all other duties necessary or appropriate to the development of statewide library services.
A.R.S. § 41-805 — Arizona Code / Title 41 / Chapter 4 / Article 7 / Section 805
41-805 Off duty peace officers; lease or rental of law enforcement equipment
Status: in_force

41-805. Off duty peace officers; lease or rental of law enforcement equipment

A. Subject to the agreement of the director of the department of administration, the head of a state department or agency that employs peace officers who are certified by the Arizona peace officer standards and training board established by section 41-1821 may allow those peace officers to engage in off duty law enforcement work if that work does not conflict with the work performed by the certified peace officers for the state department or agency.

B. If the head of a state department or agency allows its certified peace officers to engage in off duty law enforcement work pursuant to subsection A of this section, the state department or agency may lease or rent motor vehicles and other law enforcement equipment directly to its certified peace officers for the purpose of traffic safety, traffic control or other law enforcement related activity.

C. If a state agency or department leases or rents motor vehicles pursuant to subsection B of this section, the state agency or department shall:

1. Adopt rules and policies relating to the lease or rental of motor vehicles and other law enforcement equipment that are substantially similar to the rules and policies adopted by the department of public safety.

2. Deposit, pursuant to sections 35-146 and 35-147, any monies generated from leasing or renting the state fleet motor vehicles in the department of public safety administration fund.

D. The department of administration shall adopt uniform contract indemnity provisions and insurance coverage provisions naming this state and the agency that allows its certified peace officers to engage in off duty law enforcement work as additional insureds on a commercial liability policy. The coverage policy applies to all employers of certified peace officers engaging in off duty law enforcement work pursuant to this section.  The coverage policy shall hold this state harmless and indemnify this state by employers of certified peace officers engaging in off duty law enforcement work.
A.R.S. § 41-2956 — Arizona Code / Title 41 / Chapter 27 / Article 1 / Section 2956
41-2956 Termination period for agencies; funds; equipment; personnel; documents; bonds
Status: repealed

41-2956. Termination period for agencies; funds; equipment; personnel; documents; bonds

A. Any agency that is listed in article 2 of this chapter and that is terminated, within six months after its termination date, shall conclude its affairs.  Termination shall not reduce or otherwise limit the powers, duties or functions of the agency.  On expiration of the six-month period, the agency and its personnel positions shall be abolished.

B. Six months after the termination date of the agency, the department of administration shall transfer all funds of that agency to the state general fund.  All debts of the agency shall be paid by the department of administration from the agency's funds.

C. Subject to section 41-151.21, all equipment, furniture and supplies of the terminated agency shall be transferred to the department of administration to be stored or disposed of pursuant to law.

D. All documents of the terminated agency shall be transferred to the Arizona state library, archives and public records to be stored or disposed of pursuant to law.

E. All orders, determinations, rules, permits, certificates, licenses, contracts, rates and privileges which have been issued, made, granted or allowed to become effective by an agency abolished by this chapter shall continue in effect according to their terms until the termination date of the agency.

F. Any bonds issued or sold by a state agency shall remain in full force and effect.  The state shall assume bond amortization payments for any bond issuing agency abolished pursuant to this chapter.

G. If title 28 is repealed pursuant to this chapter, as long as there are any debts or other obligations payable from either the highway user revenue fund or any regional area road fund and no provision has been made for the payment or retirement of these debts or other obligations, the provisions of title 28 relating to the highway user revenue fund and any regional area road fund and the pledge of revenues from those funds and the liens on those funds to pay the debts or other obligations remain in full force and effect until the debts or other obligations have been fully paid and satisfied or provisions have been made to pay or satisfy the debts or obligations.
A.R.S. § 41-3015.10 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3015.10
41-3015.10 Constitutional commemoration committee; termination July 1, 2015
Status: repealed

41-3015.10. Constitutional commemoration committee; termination July 1, 2015

A. The constitutional commemoration committee terminates on July 1, 2015.

B. Title 41, chapter 3, article 10 is repealed on January 1, 2016.
A.R.S. § 41-1604.15 — Arizona Code / Title 41 / Chapter 11 / Article 1 / Section 1604.15
41-1604.15 Probation or other release noneligibility; violent crime; under the influence of marijuana, a dangerous drug or a narcotic drug
Status: in_force

41-1604.15. Probation or other release noneligibility; violent crime; under the influence of marijuana, a dangerous drug or a narcotic drug

Notwithstanding any law to the contrary, any person who is convicted of a violent crime as defined in section 13-901.03 that is committed while the person is under the influence of marijuana, a dangerous drug or a narcotic drug as defined in section 13-3401 is not eligible for probation or release on any basis until the entire sentence has been served. Pursuant to section 41-1604.07, the director shall include any such person in a noneligible earned release credit class and the prisoner is not eligible for placement in an eligible earned release credit class.
A.R.S. § 41-921 — Arizona Code / Title 41 / Chapter 5 / Article 2 / Section 921
41-921 Arizona pioneers' home; establishment; location
Status: in_force

41-921. Arizona pioneers' home; establishment; location

A home for aged and infirm Arizona pioneers is established and shall be known as the "Arizona pioneers' home". For the purposes prescribed in section 25 of the enabling act, the pioneers' home shall be designated as the state hospital for miners with disabilities. The home shall be maintained at or near Prescott, Arizona.
A.R.S. § 41-1232.07 — Arizona Code / Title 41 / Chapter 7 / Article 8.1 / Section 1232.07
41-1232.07 Electronic filings
Status: in_force

41-1232.07. Electronic filings

A. Any report or registration form that is required to be filed pursuant to this article may be filed in an electronic format that is approved by the secretary of state.  The secretary of state may require that reports or registration forms be filed with an additional written or printed copy.

B. A report or registration form that is filed in electronic format pursuant to this section is not required to bear a notarized signature but is deemed to be filed under penalty of perjury.

C. An electronic filing made pursuant to this section is sufficient to comply with the filing requirements of this article if the filing is properly formatted as prescribed by this article and the information contained in the filing is complete and correct.
A.R.S. § 41-1252 — Arizona Code / Title 41 / Chapter 7 / Article 9 / Section 1252
41-1252 Powers and duties; staffing
Status: in_force

41-1252. Powers and duties; staffing

A. The joint committee on capital review shall:

1. Develop and approve a uniform formula for computing annual building renewal funding needs and a uniform format for the collection of data for the formula pursuant to section 41-793.01.

2. Approve building systems for the purposes of computing and funding building renewal pursuant to section 41-793.01 and for preparing capital improvement plans pursuant to section 41-793.

3. Review the state capital improvement plan prepared pursuant to section 41-793 and make recommendations to the legislature concerning funding for land acquisition, capital projects and building renewal.

4. Review the expenditure of all monies appropriated for land acquisition, capital projects and building renewal.

B. In making its recommendations to the legislature, the joint committee on capital review should give priority to funding fire and life safety projects.

C. Before the release of monies for construction of a new capital project that has an estimated total cost of more than two hundred fifty thousand dollars, the joint committee on capital review shall review the scope, purpose and estimated cost of the project. A construction contract shall not divide a new capital project into projects with an estimated cost of two hundred fifty thousand dollars or less for the purpose of evading committee review. The joint committee on capital review may review any capital project regardless of its cost.

D. The joint committee on capital review has the powers conferred by law on legislative committees.

E. In performing its duties, the joint committee on capital review shall be staffed by the joint legislative budget committee staff.
A.R.S. § 41-563.02 — Arizona Code / Title 41 / Chapter 3 / Article 5 / Section 563.02
41-563.02 Elections for expenditures in excess of expenditure limitation
Status: in_force

41-563.02. Elections for expenditures in excess of expenditure limitation

A. For any election called pursuant to article IX, section 20, subsection (2), Constitution of Arizona, the governing board calling such election shall, in addition to any other election requirements prescribed by law, prepare and print a publicity pamphlet concerning the excess expenditure that is subject to a vote of the people.  The governing board calling the election shall cause to be distributed not less than ten days nor more than thirty days prior to the election one copy of such publicity pamphlet to each household containing a registered voter within the applicable political subdivision. Except as otherwise noted in this section, the cost of printing, delivering and distributing such publicity pamphlets is a public expense of the applicable political subdivision.

B. The publicity pamphlet required by this section shall contain the following:

1. The date of the election.

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

3. A true copy of the title and text of the measure to be voted upon, in the form in which the measure will appear on the ballot. Such text shall indicate material deleted, if any, by printing such material with a line drawn through the center of the letters of such material, and shall indicate material added or new material by printing the letters of such material in capital letters.

4. The form in which the measure to be voted upon will appear on the ballot, the official title, the descriptive title prepared by the clerk of the board of supervisors in the case of counties or the city or town clerk in the case of cities and towns, and the number by which the measure will be designated.

5. The amount of the expenditures which exceed the amount allowed pursuant to article IX, section 20, subsection (1), Constitution of Arizona.

6. A statement of the purpose or purposes for which the excess expenditures were or will be expended and the source of revenues used or to be used to finance the excess expenditures.

7. For elections called pursuant to article IX, section 20, subsection (2), paragraph (b), Constitution of Arizona, a statement that if the excess expenditure is not approved by a majority of the qualified electors voting at such election, the governing board shall for the following fiscal year reduce expenditures below the expenditures limitation allowed pursuant to article IX, section 20, subsection (1), Constitution of Arizona, by the excess amount.

8. For elections called pursuant to article IX, section 20, subsection (2), paragraph (c), Constitution of Arizona, arguments for and against the proposed excess expenditures, not to exceed two hundred words. Arguments for the proposed excess expenditures shall be prepared by the governing board. Arguments against the proposed excess expenditures shall be provided by those in opposition. Arguments for or against the excess expenditures shall be submitted to the governing board of the political subdivision at least thirty days prior to the scheduled election. The person, group or organization filing an argument shall not be required to pay any cost of the paper nor any cost of printing the argument.

C. For any election called pursuant to article IX, section 20, subsection (2), Constitution of Arizona, in addition to any other ballot requirements prescribed by law, the clerk of the board of supervisors in the case of counties or the city or town clerk in the case of cities and towns shall cause to be printed on the official ballot the following:

1. The official title and number of the measure to be voted upon at the ensuing election.

2. A statement that the excess expenditure to be voted upon is being referred by the governing board of the applicable political subdivision.

3. A descriptive title containing a summary of the principal provisions of the measure to be voted upon, not to exceed fifty words, which shall be prepared by the clerk of the board of supervisors in the case of counties or the city or town clerk in the case of cities and towns.

D. Except as otherwise provided in this section, any special election called for the purposes of article IX, section 20, subsection (2), Constitution of Arizona, shall be conducted as nearly as practicable in the manner prescribed for general elections in title 16, except that a special election shall be held on the third Tuesday in May.

E. For the purposes of article IX, section 20, subsection (2), paragraph (b), Constitution of Arizona, if a disaster resulting in excess expenditures occurs within ninety days prior to a regular or special election, such excess expenditures shall not be put to a vote of the people until the next subsequent regular or special election.

F. The governing body shall separately budget for the expenditures approved pursuant to this section and may not expend any amounts of money subject to the expenditure limitation in excess of the expenditure limitation calculated without regard to the approved override amount unless such expenditures are made for the purposes stated in the publicity pamphlet.