A.R.S. § 41-273 — Arizona Code / Title 41 / Chapter 2 / Article 1 / Section 273
41-273 Prohibited acts; civil penalty; violation; classification
Status: in_force

41-273. Prohibited acts; civil penalty; violation; classification

A. A commission as a notary public does not authorize an individual to:

1. Assist persons in drafting legal records, give legal advice or otherwise practice law.

2. Act as an immigration consultant or an expert on immigration matters.

3. Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters.

4. Receive compensation for performing any of the activities listed in this subsection.

B. A notary public may not engage in false or deceptive advertising.

C. A notary public, other than an attorney who is licensed to practice law in this state, may not use the term "notario" or "notario publico".

D. A notary public, other than an attorney who is licensed to practice law in this state, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media and the internet, the notary public shall include the following statement, or an alternative statement authorized or required by the secretary of state, in the advertisement or representation, prominently and in each language used in the advertisement or representation: "I am not an attorney licensed to practice law in this state.  I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities." If the form of advertisement or representation is not broadcast media, print media or the internet and does not allow inclusion of the statement required by this subsection because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.

E. Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public.

F. If a notary public, other than an attorney licensed to practice law in this state, performs an activity listed in subsection A of this section or otherwise performs the unauthorized practice of immigration and nationality law as defined in section 12-2701, the secretary of state shall impose a civil penalty of not more than $1,000 and permanently revoke the notary public's commission.

G. A notary public who violates subsection D of this section is guilty of a class 6 felony and the secretary of state shall permanently revoke the notary public's commission.
A.R.S. § 41-857 — Arizona Code / Title 41 / Chapter 4.1 / Article 5 / Section 857
41-857 State neckwear
Status: in_force

41-857. State neckwear

The Bola tie shall be the official state neckwear.
A.R.S. § 41-773 — Arizona Code / Title 41 / Chapter 4 / Article 5 / Section 773
41-773 Causes for dismissal or discipline for employee in covered service
Status: in_force

41-773. Causes for dismissal or discipline for employee in covered service

A. Each of the following constitutes cause for discipline or dismissal of an employee in covered service:

1. Fraud or misrepresentation in securing appointment.

2. Incompetency.

3. Inefficiency.

4. Neglect of duty.

5. Insubordination.

6. Dishonesty.

7. Being impaired by alcohol or drugs while on duty.

8. Illegal use or illegal possession of a narcotic or habit-forming drug.

9. Unauthorized absence or absence without leave.

10. Commission of any crime classified as a felony or involving moral turpitude.

11. Discourteous treatment of the public or other employees.

12. Improper political activity.

13. Wilful disobedience.

14. Misuse or unauthorized use of state property.

B. In addition to the causes prescribed by subsection A of this section, the director may establish other causes deemed necessary.

C. The director shall prescribe definitions for each of the causes for dismissal or discipline prescribed or established under this section that shall be used by covered employees and, as applicable, the state personnel board or the law enforcement merit system council in evaluating dismissals and disciplinary actions.
A.R.S. § 41-2517 — Arizona Code / Title 41 / Chapter 23 / Article 2 / Section 2517
41-2517 Procurement officers and procurement employees; violation; classification; exception
Status: in_force

41-2517. Procurement officers and procurement employees; violation; classification; exception

A. It is unlawful for a procurement officer or an employee having a significant procurement role to accept any position or have employment discussions with a person or firm lobbying or potentially responding to the solicitation beginning on signature of the first nondisclosure agreement pertaining to a particular solicitation or at the time of request for a sole source procurement or competition impracticable procurement and ending at the time of contract award.  It is unlawful for a procurement officer or an employee having a significant procurement role to accept any position or have employment discussions with the successful offeror or offerors and their lobbyists beginning on signature of the first nondisclosure agreement pertaining to a particular solicitation or at the time of request for a sole source procurement or competition impracticable procurement and ending one year after the purchased materials are delivered or the purchase of services or construction begins, if the procurement officer or employee had a significant procurement role in the particular procurement.

B. It is unlawful for a procurement officer or an employee having a significant procurement role to solicit an employment opportunity, regardless of who would receive such an opportunity, from any person or firm lobbying or potentially responding to a solicitation for the procurement of materials, services or construction beginning on signature of the first nondisclosure agreement pertaining to a particular solicitation or at the time of request for a sole source procurement or competition impracticable procurement and ending at the time of contract award.  It is unlawful for a procurement officer or an employee having a significant procurement role to solicit an employment opportunity, regardless of who would receive such an opportunity, from the successful offeror or offerors and their lobbyists beginning on signature of the first nondisclosure agreement pertaining to a particular solicitation or at the time of request for a sole source procurement or competition impracticable procurement and ending one year after the purchased materials are delivered or the purchase of services or construction begins, if the procurement officer or employee had a significant role in the particular procurement.

C. It is unlawful for a person or firm lobbying or potentially responding to a solicitation for the procurement of materials, services or construction to offer employment to a procurement officer, a procurement employee or an employee having a significant procurement role beginning on signature of the first nondisclosure agreement pertaining to a particular solicitation or at the time of request for a sole source procurement or competition impracticable procurement and ending at the time of contract award.  It is unlawful for the successful offeror or offerors and their lobbyists to offer employment to a procurement officer, a procurement employee or an employee having a significant procurement role beginning on signature of the first nondisclosure agreement pertaining to a particular solicitation or at the time of request for a sole source procurement or competition impracticable procurement and ending one year after the purchased materials are delivered or the purchase of services or construction begins, if the procurement officer or employee had a significant role in the particular procurement.

D. The director of the department of administration may waive any or all of the waiting period required pursuant to subsections A, B and C of this section in excess of twenty-four months for a procurement officer or an employee with a significant procurement role if the period of time that follows the signature of the nondisclosure agreement exceeds twenty-four months.  A procurement officer or an employee seeking a waiver shall make a written request to the officer's or employee's state governmental unit director, and the director of the state governmental unit shall forward the request with a written recommendation to the director of the department of administration. The director of the department of administration shall provide a written decision and justification within fifteen business days after the receipt of the complete request.  The director of the department of administration may not approve waiver requests for matters still in evaluation or within six months following the contract award. If the requesting party is the director or a deputy director of a state governmental unit, the request for a waiver and all written materials, including a director recommendation, must be forwarded to the governor for a final decision, except that the director may not make any recommendation or determination on the director's own request.

E. In response to a written request from an employee seeking clarification on whether the employee has played a significant role in a procurement, the director shall issue a determination in writing within fifteen days after receiving the request. The director may make a determination in writing that this section and section 41-753, subsection D do not apply if a particular solicitation, sole source procurement or competition impracticable procurement has been canceled or is associated with the privatization of existing state services that would result in the elimination of the position in state service of an employee with a significant procurement role.  The director may delegate the authority to make determinations pursuant to this subsection to a director of a state agency. An agency director or agency deputy director may request a determination from the office of the governor regarding whether the agency director or agency deputy director played a significant role in a particular procurement for the purposes of the one-year employment restriction, and the office of the governor shall make a determination within thirty days after the receipt of the written request.

F. It is unlawful for a procurement officer or an employee who was previously employed by a person or firm responding to a solicitation to serve in a significant procurement role for a period of one year following the person's previous employment.

G. Beginning October 1, 2014, if an agency uses a qualified vendor list of persons or entities that are eligible to be selected to design, develop, implement or construct any form of project associated with the list, any procurement officer who was assigned to work evaluating or approving the vendor list or any employee having a significant procurement role in developing the vendor list shall not accept an offer of employment from or have employment discussions with a vendor on the list within one year after the initial publication of the list or accept an offer of employment from or have employment discussions with a newly added vendor within one year after the vendor is added to the original list.  If a vendor from an approved list of qualified vendors is awarded a contract that is associated with the list, a procurement officer involved in selecting the vendor or an employee having a significant procurement role in selecting the vendor shall not accept an offer of employment from or have employment discussions with that vendor within one year after that vendor is awarded the contract.

H. On signature of a nondisclosure agreement pertaining to a particular solicitation, or at the time of a request for a sole source or competition impracticable procurement, a procurement officer or an employee having a significant role in the procurement shall provide written disclosure of any financial interest the officer or employee, or the spouse of the officer or employee, may hold.

I. A person who knowingly violates this section is guilty of a class 2 misdemeanor.  On conviction the person is ineligible for appointment to or employment in a position in the state personnel system for a period of five years and, if the person is an employee of this state at the time of conviction, is subject to suspension for not less than ninety days or dismissal.

J. This section does not apply to a procurement officer or employee who in good faith relies on a determination issued by the director pursuant to subsection D of this section that the procurement officer or employee has not had a significant procurement role.
A.R.S. § 41-2533 — Arizona Code / Title 41 / Chapter 23 / Article 3 / Section 2533
41-2533 Competitive sealed bidding
Status: in_force

41-2533. Competitive sealed bidding

A. Contracts shall be awarded by competitive sealed bidding except as otherwise provided in section 41-2532.

B. An invitation for bids shall be issued and shall include a purchase description and all contractual terms and conditions applicable to the procurement.

C. Adequate public notice of the invitation for bids shall be given a reasonable time before the date set forth in the invitation for the opening of bids, in accordance with rules adopted by the director.  The notice may include publication one or more times in a newspaper of general circulation a reasonable time before bid opening.  If the invitation for bids is for the procurement of services other than those described in sections 41-2513, 41-2578, 41-2579 and 41-2581, the notice shall include publication in a single newspaper or in multiple newspapers within this state.  The publication shall be not less than two weeks before bid opening and shall be circulated within the affected governmental jurisdiction.  The notice may also be posted at a designated site on a worldwide public network of interconnected computers.

D. Bids shall be opened publicly at the time and place designated in the invitation for bids. The amount of each bid, and such other relevant information as may be specified by rule, together with the name of each bidder shall be recorded. This record shall be open to public inspection at the bid opening in a manner prescribed by rule. The bids shall not be open for public inspection until after a contract is awarded.  To the extent the bidder designates and the state concurs, trade secrets or other proprietary data contained in the bid documents shall remain confidential in accordance with rules adopted by the director.

E. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this chapter. Bids shall be evaluated based on the requirements set forth in the invitation for bids, including criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery and suitability for a particular purpose, as prescribed in rules adopted by the director.  Evaluation criteria shall not be used for construction and no criteria may be used in bid evaluation that are not set forth in the invitation for bids.

F. The correction or withdrawal of erroneous bids before or after bid opening, based on bid mistakes, may be permitted in accordance with rules adopted by the director. After bid opening, no corrections in bid prices or other provisions of bids prejudicial to the interest of this state or fair competition shall be permitted. Except as otherwise provided by rule, all decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported by a written determination made by the director.

G. The contract shall be awarded to the lowest responsible and responsive bidder whose bid conforms in all material respects to the requirements and criteria set forth in the invitation for bids. The amount of any applicable transaction privilege or use tax of a political subdivision of this state is not a factor in determining the lowest bidder.  If all bids for a construction project exceed available monies as certified by the appropriate fiscal officer, and the low responsive and responsible bid does not exceed such monies by more than five per cent, the director may in situations in which time or economic considerations preclude resolicitation of work of a reduced scope negotiate an adjustment of the bid price, including changes in the bid requirements, with the low responsive and responsible bidder, to bring the bid within the amount of available monies.

H. The multistep sealed bidding method may be used if it is not practicable to initially prepare a definitive purchase description that is suitable to permit an award based on competitive sealed bidding. An invitation for bids may be issued requesting the submission of technical offers to be followed by an invitation for bids limited to those bidders whose offers are determined to be technically acceptable under the criteria set forth in the first solicitation, except that the multistep sealed bidding method may not be used for construction contracts.

I. If the price of a recycled paper product that conforms to specifications is within five per cent of a low bid product that is not recycled and the recycled product bidder is otherwise the lowest responsible and responsive bidder, the award shall be made to the bidder offering the recycled product. The director may adopt rules requiring a five per cent preference for other products made from recycled materials.
A.R.S. § 41-2535 — Arizona Code / Title 41 / Chapter 23 / Article 3 / Section 2535
41-2535 Procurements not exceeding a prescribed amount; small businesses; simplified construction procurement program
Status: in_force

41-2535. Procurements not exceeding a prescribed amount; small businesses; simplified construction procurement program

A. Any procurement that does not exceed the aggregate dollar amount of one hundred thousand dollars may be made in accordance with rules adopted by the director, except that the procurements shall be made with such competition as is practicable under the circumstances.

B. Any procurement that does not exceed the aggregate dollar amount of less than one hundred thousand dollars shall be restricted, if practicable, to small businesses as defined in rules adopted by the director.  The procurement officer shall rotate the small business solicited to compete for any procurement of less than one hundred thousand dollars.  If it is impracticable to restrict a particular procurement to small businesses, the procurement officer shall make a determination setting forth the reasons and place it in the contract file.

C. Procurement requirements shall not be artificially divided or fragmented so as to constitute a purchase under this section and to circumvent the source selection procedures required by section 41-2533 or 41-2534 or be artificially combined to circumvent this section.

D. A procurement involving construction not exceeding one hundred thousand dollars may be made pursuant to rules adopted by the director in accordance with this section that shall be known as the simplified construction procurement program.  At a minimum the rules shall require that:

1. A list be maintained of persons who desire to receive solicitations to bid on construction projects to which additions shall be permitted throughout the year.

2. The list of persons be available for public inspection.

3. Agreements for construction be on forms approved by the director.

4. All information submitted by bidders pursuant to this section be confidential according to section 41-2533, subsection D.

5. All bids for construction be opened at a public opening.

6. All persons desiring to submit bids be treated equitably and the information related to each project be available to all eligible persons.

7. Competition for construction projects under the simplified construction procurement program be encouraged to the maximum extent possible.
A.R.S. § 41-1507.01 — Arizona Code / Title 41 / Chapter 10 / Article 1 / Section 1507.01
41-1507.01 Certification of basic research payments to a university
Status: in_force

41-1507.01. Certification of basic research payments to a university

A. For taxable years beginning from and after December 31, 2014, before a taxpayer can apply to the department of revenue for certification of additional income tax credits for increased research activities involving basic research payments to a university under section 43-1074.01, subsection A, paragraph 1, subdivision (c) or section 43-1168, subsection A, paragraph 1, subdivision (d), a taxpayer shall obtain certification from the authority that the basic research payments meet the requirements of this section.  The taxpayer shall apply to the authority for certification of the basic research payments at a time, on a form and in a manner prescribed by the authority.

B. The authority shall process and evaluate each application for certification of basic research payments to a university up to an amount that corresponds to ten million dollars per calendar year in aggregate combined projected additional tax credits under section 43-1074.01, subsection A, paragraph 1, subdivision (c) and section 43-1168, subsection A, paragraph 1, subdivision (d). The applicant shall identify the amount of projected additional tax credits corresponding to the basic research payments to a university sought to be certified. The amount of additional tax credits a taxpayer may claim following certification by the authority must be established by the department of revenue under section 43-1074.01, subsection A, paragraph 1, subdivision (c) or section 43-1168, subsection A, paragraph 1, subdivision (d). The authority shall process and evaluate applications for certification under this section through a competitive process pursuant to subsection C of this section that may include third-party peer review.  An application for certification must include:

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

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

3. The amount of the additional income tax credit the taxpayer will be requesting from the department of revenue.

4. Any other information required by the authority.

C. The authority shall establish the time and manner of the competitive process used in issuing certifications. In determining which applications must be issued certifications, the authority or its designee shall evaluate among all applicants for certification of basic research payments, the relative impact of the research activities involving payments to a university from the standpoint of furthering one or more of the following considerations:

1. Expanding cluster industries. For purposes of this paragraph, "cluster industries" means concentrations of firms across several industries that share common economic foundation needs.

2. Diversifying and strengthening this state's economy.

3. Advancing technological commercialization.

4. Enhancing long-term quality job creation.

5. Aligning research with university strategic plans.

D. Following review of each application pursuant to subsection C of this section, the authority shall either:

1. Issue the applicant a letter certifying the basic research payments.

2. Notify the applicant of the denial of the certification with an explanation of the basis for the denial.

E. The authority shall adopt rules and publish and prescribe forms and procedures as necessary to effectuate the purposes of this section.

F. Any information gathered from a business for the purposes of this section is confidential and may not be disclosed to the public except that the information must be transmitted to the department of revenue.
A.R.S. § 41-1093.05 — Arizona Code / Title 41 / Chapter 6 / Article 11 / Section 1093.05
41-1093.05 License applicants; notice
Status: in_force

41-1093.05. License applicants; notice

An agency shall prominently post the following on the agency's website and print on a license application, a communication denying a license, a cease and desist order or any other communication in which the agency asserts that a person is required to obtain a license:

Notice:

Pursuant to section 41-1093.01, Arizona Revised Statutes, an agency shall limit all occupational regulations to regulations that are demonstrated to be necessary to specifically fulfill a public health, safety or welfare concern. Pursuant to sections 41-1093.02 and 41-1093.03, Arizona Revised Statutes, you have the right to petition this agency to repeal or modify the occupational regulation or bring an action in a court of general jurisdiction to challenge the occupational regulation and to ensure compliance with section 41-1093.01, Arizona Revised Statutes.
A.R.S. § 41-844 — Arizona Code / Title 41 / Chapter 4.1 / Article 4 / Section 844
41-844 Duty to report discoveries; disposition of discoveries; definitions
Status: in_force

41-844. Duty to report discoveries; disposition of discoveries; definitions

A. A person in charge of any survey, excavation, construction or other like activity on any lands owned or controlled by this state, by any public agency or institution of the state, or by any county or municipal corporation within the state shall report promptly to the director of the Arizona state museum the existence of any archaeological, paleontological or historical site or object that is at least fifty years old and that is discovered in the course of such survey, excavation, construction or other like activity and, in consultation with the director, shall immediately take all reasonable steps to secure and maintain its preservation. If it is necessary to move the object before completion of the proceedings prescribed by this section to permit the continuation of work on a construction project or similar project, the director shall require that the move be accomplished in the manner that will least disturb and best preserve the object.

B. If the objects discovered are human remains, funerary objects, sacred ceremonial objects or objects of national or tribal patrimony, the director of the Arizona state museum, to the best of the director's ability, shall give notice of the discovery to:

1. All individuals who may have a direct kinship relationship to the human remains.

2. All groups that it is reasonable to believe may have a cultural or religious affinity to the remains or objects.

3. Appropriate members of the curatorial staff of the Arizona state museum.

4. Faculty members of the state universities who have a significant scholarly interest in the remains or objects.

5. The state historic preservation officer.

C. American Indian tribal governments that wish to be notified pursuant to this section shall keep on file with the director lists of the cultural groups and geographical area with which they claim affinity.

D. If American Indian human remains, funerary objects, sacred ceremonial objects or objects of cultural patrimony are involved, the director, in addition to giving notice as required in subsection B of this section, shall give notice to the tribes that occupy or have occupied the land on which the discovery is made and to the governor's office on tribal relations and the intertribal council of Arizona.

E. The director shall respond to every report of a discovery in a timely fashion and within six months after being notified of the discovery, the director shall convene a meeting of notified persons and representatives of notified groups to discuss the most appropriate disposition of the discovered materials. At this meeting, the director shall encourage agreement among all participants regarding the most appropriate disposition and treatment of the materials. An agreement may include a decision to curate or rebury materials subject to conditions or limitations, a decision to engage in scientific analysis before repatriation or reburial or any other appropriate disposition. If an agreement is reached, it shall determine the disposition and treatment of the materials and the director shall oversee its implementation.

F. If no agreement is reached within six months after the meeting required by subsection E of this section, the human remains or funerary objects shall be disposed and treated in accordance with the wishes of the nearest relative with a direct kinship relationship, or with the wishes of the governing body of the group with cultural or religious affinity to the remains or objects if no relative exists. If sacred ceremonial objects or objects of national or tribal patrimony are concerned, disposition and treatment shall be in accordance with the wishes of the governing body of the group with cultural or religious affinity to the objects. The authority to determine the disposition and treatment of remains or objects pursuant to this subsection shall not be exercised in a manner that would prevent timely completion of a construction project or other project.

G. If there is no person with a direct kinship relationship or a group with a cultural or religious affinity to human remains or funerary objects and the remains have no scientific value, the remains or funerary objects shall remain undisturbed. If it is necessary to move them in order to permit completion of a construction or similar project, the remains or funerary objects shall be reburied under the supervision of the director in a place as similar and close as possible to their original burial site. If the remains or funerary objects have scientific value, they may be curated by the Arizona state museum or other authorized repository for a period of one year, after which they shall be reinterred. If remains of American Indians are involved, reburial pursuant to this subsection shall be undertaken with the cooperation of the Indian tribe located nearest to the place where the remains were discovered. Reburial, with that tribe's consent, may take place on that tribe's reservation. The one-year period for scientific curation may be extended with that tribe's consent. If there is no group with a cultural or religious affinity to sacred ceremonial objects or objects of national or tribal patrimony, the director shall decide on the most appropriate disposition and treatment. Where American Indian materials are involved, the determination shall be made in consultation with appropriate tribal representatives.

H. A repository charged with the care or custody of human remains, funerary objects, sacred ceremonial objects or objects of national or tribal patrimony pursuant to this section shall maintain them with appropriate dignity and respect and with consideration for the specific applicable cultural or religious traditions applicable to the remains or objects. When materials are returned to relatives or affiliated groups, the relatives or groups shall accept and undertake responsibility for the protection and security of the materials.

I. The expense of any curation or reburial pursuant to this section that is required as the result of a construction project or similar project shall be borne by that project. Reburials made in order to satisfy the wishes of a relative or affinal group shall be by and at the expense of the relative or group.

J. If a person believes that the provisions of this section have not been properly applied the person shall give written notice of this claim to all other parties entitled to notice under subsections B and C of this section. The parties shall meet within fifteen days after receiving the notice and attempt to agree on the designation of a third party to assist in the resolution of the dispute. If the parties cannot agree within fifteen days on a third party, the state historic preservation officer shall serve in that capacity. The adverse parties shall attempt to reach a resolution with the assistance of the third party. If a resolution cannot be reached within ninety days after the designation of the third party, the third party shall resolve the dispute. Either party may appeal a decision within thirty days to the superior court in the county in which the subject of the dispute is located.

K. If a written request for the reburial or repatriation of human remains, funerary objects, sacred ceremonial objects or objects of national or tribal patrimony in the possession and ownership or control of an agency of this state, as of September 27, 1990, is made by the government of an American Indian tribe, the requirements of this section apply as if the remains or objects had been discovered after September 27, 1990.

L. Whenever two or more groups or tribes have affinity to the same human remains, funerary object, sacred ceremonial object or object of national or tribal patrimony and they do not agree on the disposition or treatment of such remains or object, the question of which group or tribe shall be deemed to have affinity shall be resolved pursuant to subsection J of this section. In making the determination, consideration shall be given to all the relevant evidence of affinity.

M. For the purposes of this section:

1. "Funerary object" means an object discovered in proximity to human remains and intentionally buried or interred with the remains.

2. "Group with a cultural or religious affinity" means any of the following:

(a) In the case of human remains or funerary objects, any tribe that has submitted a written claim of affinity pursuant to subsection C of this section or any other group or tribe that has cultural affinity in light of all the relevant evidence.

(b) In the case of a sacred ceremonial object, a group whose religious observances traditionally have utilized such object.

(c) In the case of an object of national or tribal patrimony, a group whose past or present government or traditional cultural organization was or is associated with the object.

3. "Group" includes American Indian tribes.

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

5. "Objects of national or tribal patrimony" means inalienable items of historical or cultural significance to tribal groups.

6. "Sacred ceremonial object" means an object traditionally utilized in religious observances.

7. "Tribe" means any federally recognized tribal government.
A.R.S. § 41-2832 — Arizona Code / Title 41 / Chapter 26 / Article 1 / Section 2832
41-2832 County contributions for committed youth in secure care facilities; county payments; excluded costs
Status: in_force

41-2832. County contributions for committed youth in secure care facilities; county payments; excluded costs

(Rpld. 7/1/28)

A. The department shall annually assess a committed youth confinement cost sharing fee to each county with a population of more than three million persons.

B. Each county with a population of more than three million persons shall pay the monies owed within thirty days after a request by the department. If a county does not make the payment, the director shall notify the state treasurer of the amount owed and the state treasurer shall withhold the amount, including any additional interest as provided in section 42-1123, from any transaction privilege tax revenues that would otherwise be distributed to the county. The state treasurer shall deposit, pursuant to sections 35-146 and 35-147, the withholdings in the department of juvenile corrections local cost sharing fund established by section 41-2833.  The department shall deposit the monies received from a county in the department of juvenile corrections local cost sharing fund established by section 41-2833.

C. County contributions made pursuant to this section are excluded from the county expenditure limitations.

D. Notwithstanding any other law, a county may meet the cost sharing requirements of this section from any source of county revenue designated by the county, including monies of any countywide special taxing jurisdiction in which the board of supervisors serves as the board of directors.
A.R.S. § 41-1232.03 — Arizona Code / Title 41 / Chapter 7 / Article 8.1 / Section 1232.03
41-1232.03 Expenditure reporting; public bodies and public lobbyists; gifts
Status: in_force

41-1232.03. Expenditure reporting; public bodies and public lobbyists; gifts

A. Each public body shall report annually all single expenditures received by or benefitting a member of the legislature whether or not the expenditures were made in the course of lobbying. These expenditures shall be itemized separately, and each itemization shall include the date of the expenditure, the amount of the expenditure, the name of each member of the legislature receiving or benefitting from the expenditure, the category of the expenditure and the name of the designated public lobbyist or authorized public lobbyist who made the expenditure on behalf of the public body. In addition each public body shall report annually the aggregate of all expenditures of $20 or less received by or benefitting a member of the legislature, whether or not the expenditures were made in the course of lobbying. The report shall list all expenditures by the public body made in the course of lobbying for the personal sustenance, filing fee, legal fees, employees' compensation, meals, lodging and travel of the designated public lobbyist and all authorized public lobbyists employed or retained by, and representing, the public body. The public body shall apportion expenditures that are attributable both to lobbying and to other activities of the public body and shall report only the portion attributable to lobbying. For the purpose of reporting employee compensation, a public body, on establishing a time allocation schedule for apportioned lobbying activity based on actual experience under this article, may submit after the 1993 calendar year an affidavit to the secretary of state stating the compensation attributable to lobbying for subsequent years for the designated public lobbyist and all authorized public lobbyists whose job responsibilities have not been significantly altered since the time allocation schedule was established. The report shall be filed by March 1 and shall list the annual expenditures made on behalf of the public body. If March 1 is a Saturday, Sunday or other legal holiday, the report shall be filed on the next business day.

B. Each designated public lobbyist shall report quarterly all single expenditures received by or benefitting a member of the legislature and incurred in the preceding calendar quarter by the designated public lobbyist, whether or not the single expenditures were made in the course of lobbying. Each designated public lobbyist's report shall also include all single expenditures incurred in the preceding calendar quarter by each authorized public lobbyist who is registered pursuant to section 41-1232.01 by the same public body that registered the designated public lobbyist. This subsection does not apply to an expenditure that was made by a designated public lobbyist or authorized public lobbyist and that was received by or benefitted an employee of a public body, if the employee is not a member or employee of the legislature or a member of the household of a member or employee of the legislature. These expenditures shall be itemized separately, and each itemization shall include the date of the expenditure, the amount of the expenditure, the name of the member or employee receiving or benefitting from the expenditure, the category of the expenditure and the public body on whose behalf the expenditure was made. If the expenditure was made by the designated public lobbyist or authorized public lobbyist and was not made on behalf of a public body, it shall be itemized separately. The quarterly report shall be filed not later than the last day of the month following the end of the calendar quarter, unless the last day of the month is a Saturday, Sunday or other legal holiday. In that case, the report shall be filed on the next business day.

C. Each designated public lobbyist shall also report quarterly the aggregate of all expenditures of $20 or less received by or benefitting a member of the legislature, whether or not the expenditures were made in the course of lobbying. Each designated public lobbyist's report shall also include the aggregate of all expenditures of $20 or less that were received by or benefitted a member of the legislature and that were made by an authorized public lobbyist who is registered pursuant to section 41-1232.01 by the same public body that registered the designated public lobbyist. This subsection does not apply to an expenditure that was made by a designated public lobbyist or authorized public lobbyist and that was received by or benefitted an employee of a public body, if the employee is not a member or employee of the legislature or a member of the household of a member or employee of the legislature. The report shall list separately the aggregate of expenditures made on behalf of each public body and the aggregate not made on behalf of any public body. In the fourth calendar quarter, these expenditures shall also be listed by cumulative total for the calendar year. Each quarterly lobbyist report shall include all reportable expenditures made by any employee of the designated public lobbyist or authorized public lobbyist, regardless of whether that employee is listed as a designated public lobbyist or authorized public lobbyist on any registration filed by a public body engaging the designated public lobbyist or authorized public lobbyist. The quarterly report shall be filed not later than the last day of the month following the end of the calendar quarter, unless the last day of the month is a Saturday, Sunday or other legal holiday. In that case, the report shall be filed on the next business day.

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

1. Food or beverages.

2. Speaking engagement.

3. Travel and lodging.

4. Flowers.

5. Other expenditures.

E. Expenditures by a public body, designated public lobbyist or authorized public lobbyist for personal sustenance, family gifts, personal hospitality or those items excluded from the definition of gift pursuant to section 41-1231, paragraph 9, subdivision (a), (c), (d), (f), (g), (h), (i), (j), (k) or (l) are not required to be reported.

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

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

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

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

J. A public body, designated public lobbyist or authorized public lobbyist or any other person acting on behalf of a public body, designated public lobbyist or authorized public lobbyist shall not give to any member of the legislature and a member of the legislature shall not accept from a public body, designated public lobbyist or authorized public lobbyist either of the following:

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

2. Gifts that are designed to influence the member's or employee's official conduct.

K. Subsection J of this section does not apply to gifts given by a public body, designated public lobbyist or authorized public lobbyist to an employee of a public body, if the employee is not a public official or a member of the household of a public official or if the gift is accepted on behalf of the public body and remains the property of the public body.
A.R.S. § 41-609 — Arizona Code / Title 41 / Chapter 3 / Article 7 / Section 609
41-609 Arizona veteran supportive campuses; department list; reports; definition
Status: in_force

41-609. Arizona veteran supportive campuses; department list; reports; definition

A. A postsecondary institution may request to be certified by the director as an Arizona veteran supportive campus. The department shall maintain a list of certified Arizona veteran supportive campuses on the department's website.  The list shall include:

1. A link to the website of the campus.

2. A statement that this list does not contain all postsecondary institutions that may qualify as an Arizona veteran supportive campus.

3. A disclaimer that the department has not verified the information on the websites of the campuses listed pursuant to paragraph 1 of this subsection and that the department does not endorse any offer made by any sponsor of the website.

B. The department shall make a reasonable effort to notify postsecondary institutions and any other appropriate entities of the opportunity to be certified as an Arizona veteran supportive campus.

C. On or before December 31 and June 30 of each year, each Arizona veteran supportive campus shall forward a report to the department on the number of veterans enrolled in and graduating from its campus.

D. For the purposes of this section, "Arizona veteran supportive campus" means a postsecondary institution that offers:

1. A campus survey of student veterans to identify the needs, issues and suggestions of veterans.

2. A campus steering committee consisting of student veterans, faculty and staff to share information and to develop programs to establish or strengthen a veteran supportive campus based on best practices but that also integrates the campus culture and identifies the real needs of the student veterans.

3. Sensitivity and awareness training on military and veterans' culture, including related issues such as traumatic brain injury, posttraumatic stress disorder, physical and mental disabilities, suicide and hypervigilance for faculty and staff.

4. Student veteran orientation programs, including student veteran guides for the first day on campus, an optional student veteran orientation session and at least one optional veteran only course taught by a veteran or by a trained volunteer on veteran issues.

5. Peer mentoring and peer support programs for student veterans.

6. Outreach strategies to local military bases.

7. One-stop resource and study centers on campus for student veterans, their families and student family members of the armed forces who are currently deployed.

8. Community-based collaborations to allow the private sector to support veteran resource centers through financial and in-kind gifts.
A.R.S. § 41-320 — Arizona Code / Title 41 / Chapter 2 / Article 2 / Section 320
41-320 Competency of bank and corporation notaries
Status: in_force

41-320. Competency of bank and corporation notaries

A. It is lawful for a notary public who is a stockholder, director, officer or employee of a corporation to take the acknowledgment or oath of any party to any record executed to or by the corporation, or to administer an oath to any other stockholder, director, officer, employee or agent of the corporation, or to protest for nonacceptance or nonpayment of bills of exchange, drafts, checks, notes and other negotiable instruments that may be owned or held for collection by the corporation.

B. It is unlawful for any notary public to take the acknowledgment of a record executed by or to a corporation of which the notary public is a stockholder, director, officer or employee, where the notary public is a party to the record, either individually or as a representative of the corporation, or to protest any negotiable instrument owned or held for collection by the corporation, where the notary is individually a party to the instrument.  A notarial act performed in violation of this subsection is voidable.
A.R.S. § 41-151.13 — Arizona Code / Title 41 / Chapter 1 / Article 2.1 / Section 151.13
41-151.13 Records management officer; duties
Status: in_force

41-151.13. Records management officer; duties

A. The state library shall employ a records management officer who is responsible for the direction and control of the records management program. The records management officer, at the direction of the director, shall administer section 41-151.12.

B. The state library shall:

1. Through consultation and education, provide for an efficient and contemporary records management program using modern techniques to facilitate the efficient and economic creation, maintenance, control, retention and disposition of records.

2. Operate a records management center for maintaining and housing inactive nonarchival records.  The records management center is the only inactive records center operated by a state agency. State agencies may use other facilities for inactive records storage with prior approval of the director.

3. Establish standards and procedures for records accepted for storage.

4. Operate a secure vault as part of the records management center for housing and maintaining micrographic, machine read and selected essential records.

5. Operate a preservation imaging function that is responsible for:

(a) The efficient and coordinated use of micrographics and digital imaging equipment, techniques and personnel to achieve optimum quality, effectiveness and economy in the production of source document micrographics and digital imaging.

(b) Processing and duplicating microfilm produced by the preservation imaging operation and film produced by other agencies of this state.
A.R.S. § 41-1545.05 — Arizona Code / Title 41 / Chapter 10 / Article 5 / Section 1545.05
41-1545.05 Program termination
Status: in_force

41-1545.05. Program termination

The program established by this article ends on July 1, 2026.
A.R.S. § 41-835.04 — Arizona Code / Title 41 / Chapter 4.1 / Article 3 / Section 835.04
41-835.04 Changes in or additions of geographic features or places of historical significance; submission of proposal; consideration; action; notice
Status: in_force

41-835.04. Changes in or additions of geographic features or places of historical significance; submission of proposal; consideration; action; notice

A. A person, a group or an agency of federal, state or local government may propose a change in or the addition of any geographic feature or place of historical significance within this state by submitting a proposal and supporting information to the board for evaluation and recommendation.

B. On receipt of a proposal, together with sufficient supporting information, the board shall:

1. Place the proposal on the agenda for consideration at its next meeting.

2. Give appropriate notice to persons and groups that are affected by the proposal or might have an interest in it.

3. Provide opportunities for public comment.

4. Conduct research and field investigations as it deems necessary.

C. When the board takes action on a proposal, the board shall notify the person, group or agency that submitted the proposal and shall transmit the official recommendation of geographic names to the United States board of geographic names.  The names approved by the board shall be filed with the secretary of state and the clerk of the board of supervisors in the appropriate county.
A.R.S. § 41-1604.13 — Arizona Code / Title 41 / Chapter 11 / Article 1 / Section 1604.13
41-1604.13 Home arrest; eligibility; victim notification; conditions; applicability; definitions
Status: in_force

41-1604.13. Home arrest; eligibility; victim notification; conditions; applicability; definitions

A. An inmate who has served not less than six months of the sentence imposed by the court is eligible for the home arrest program if the inmate:

1. Meets the following criteria:

(a) Was convicted of committing a class 4, 5 or 6 felony not involving a dangerous offense.

(b) Was not convicted of a sexual offense.

(c) Has not previously been convicted of any felony.

2. Violated parole by the commission of a technical violation that was not chargeable or indictable as a criminal offense.

3. Is eligible for work furlough.

4. Is eligible for parole pursuant to section 31-412, subsection A.

B. The board of executive clemency shall determine which inmates are released to the home arrest program based on the criteria in subsection A of this section and based on a determination that there is a substantial probability that the inmate will remain at liberty without violating the law and that the release is in the best interests of the state after considering the offense for which the inmate is presently incarcerated, the prior record of the inmate, the conduct of the inmate while incarcerated and any other information concerning the inmate that is in the possession of the state department of corrections, including any presentence report. The board maintains the responsibility of revocation as applicable to all parolees.

C. An inmate who is otherwise eligible for home arrest, who is not on work furlough and who is currently serving a sentence for a conviction of a serious offense or conspiracy to commit or attempt to commit a serious offense shall not be granted home arrest except by one of the following votes:

1. A majority affirmative vote if four or more members of the board of executive clemency consider the action.

2. A unanimous affirmative vote if three members of the board of executive clemency consider the action.

3. A unanimous affirmative vote if two members of the board of executive clemency consider the action pursuant to section 31-401, subsection I and the chairman of the board concurs after reviewing the information considered by the two members.

D. Home arrest is conditioned on the following:

1. Active electronic monitoring surveillance for a minimum term of one year or until eligible for general parole.

2. Participation in gainful employment or other beneficial activities.

3. Submission to alcohol and drug tests as mandated.

4. Payment of the electronic monitoring fee in an amount determined by the board of not less than $1 per day and not more than the total cost of the electronic monitoring unless, after determining the inability of the inmate to pay the fee, the board requires payment of a lesser amount.  The fees collected shall be returned to the department's home arrest program to offset operational costs of the program.

5. Remaining at the inmate's place of residence at all times except for movement out of the residence according to mandated conditions.

6. Adherence to any other conditions imposed by the court, board of executive clemency or supervising corrections officers.

7. Compliance with all other conditions of supervision.

8. Payment of a monthly home arrest supervision fee of at least $65 unless, after determining the inability of the inmate to pay the fee, the department requires payment of a lesser amount.  The supervising corrections officer shall monitor the collection of the fee. Monies collected shall be deposited, pursuant to sections 35-146 and 35-147, in the community corrections enhancement fund established by section 31-418.

9. Payment of a drug testing fee in an amount to be determined by the board and not to exceed the costs of the drug testing program.  The fees collected pursuant to this paragraph by the department may only be used to offset the costs of the drug testing program.

E. Before holding a hearing on home arrest, the board on request shall notify and afford an opportunity to be heard to the presiding judge of the superior court in the county in which the inmate requesting home arrest was sentenced, the prosecuting attorney and the director of the arresting law enforcement agency. The board shall notify the victim of the offense for which the inmate is incarcerated.  The notice shall state the name of the inmate requesting home arrest, the offense for which the inmate was sentenced, the length of the sentence and the date of admission to the custody of the state department of corrections.  The notice to the victim shall also inform the victim of the victim's right to be present and to submit a written report to the board expressing the victim's opinion concerning the inmate's release. A hearing concerning home arrest may not be held until fifteen days after the date of giving the notice.  On mailing the notice, the board shall file a hard copy of the notice as evidence that notification was sent.

F. An inmate who is placed on home arrest is on inmate status, is subject to all the limitations of rights and movement and is entitled only to due process rights of return.

G. If an inmate violates a condition of home arrest that poses any threat or danger to the community, or commits an additional felony offense, the board shall revoke the home arrest and return the inmate to the custody of the state department of corrections to complete the term of imprisonment as authorized by law.

H. The ratio of supervising corrections officers to supervisees in the home arrest program shall not be greater than one officer for every twenty-five supervisees.

I. The board shall determine when the supervisee is eligible for transfer to the regular parole program pursuant to section 31-411.

J. This section applies only to persons who commit felony offenses before January 1, 1994.

K. For the purposes of this section:

1. "Dangerous offense" has the same meaning prescribed in section 13-105.

2. "Serious offense" includes any of the following:

(a) A serious offense as defined in section 13-706, subsection F, paragraph 1, subdivision (a), (b), (c), (d), (e), (g), (h), (i), (j) or (k).

(b) A dangerous crime against children as defined in section 13-705. The citation of section 13-705 is not a necessary element for a serious offense designation.

(c) A conviction under a prior criminal code for any offense that possesses reasonably equivalent offense elements as the offense elements that are listed under section 13-705, subsection T, paragraph 1 or section 13-706, subsection F, paragraph 1.
A.R.S. § 41-1491.35 — Arizona Code / Title 41 / Chapter 9 / Article 7 / Section 1491.35
41-1491.35 Pattern or practice cases
Status: in_force

41-1491.35. Pattern or practice cases

A. The attorney general may file a civil action in superior court for appropriate relief if the attorney general has reasonable cause to believe that either:

1. A person is engaged in a pattern or practice of resistance to the full enjoyment of any right granted by this article.

2. A person has been denied any right granted by this article and that denial raises an issue of general public importance.

B. In an action under this section the court may:

1. Award preventive relief, including a permanent or temporary injunction, restraining order or other order against the person responsible for a violation of this article as necessary to assure the full enjoyment of the rights granted by this article.

2. Award other appropriate relief, including monetary damages, reasonable attorney fees and court costs.

3. To vindicate the public interest, assess a civil penalty against the respondent in an amount that does not exceed:

(a) Fifty thousand dollars for a first violation.

(b) One hundred thousand dollars for a second or subsequent violation.
A.R.S. § 41-791.04 — Arizona Code / Title 41 / Chapter 4 / Article 7 / Section 791.04
41-791.04 Lease purchase financing; eligible municipal convention center projects; eligible projects lease purchase fund
Status: in_force

41-791.04. Lease purchase financing; eligible municipal convention center projects; eligible projects lease purchase fund

A. On the filing of a notice by an eligible city with the director pursuant to section 9-624 requesting this state to lease purchase part of an eligible municipal convention center project, the director may complete lease purchase financing of the part of the eligible project designated by the eligible city.  The director may employ outside consultants to review the lease purchase program request and report on the financial details of the program negotiated with the eligible city.  The eligible city is responsible for the costs of the consultant and the report.  The lease purchase agreement shall include the provisions required by section 41-791.02, subsection B and the provisions authorized by section 41-791.02, subsection C.  The agreement is subject to the review provisions of section 41-791.02, subsections D and E.  At the director’s request, the attorney general may give other opinions relating to the agreement.

B. The lease purchase financing agreement shall provide for:

1. The use, maintenance and operation of the eligible project by the eligible city and for the ownership of the eligible project by the eligible city on completion of performance of the lease purchase agreement.

2. The eligible city’s option to purchase the eligible project and on exercising the option, the vesting of ownership of the eligible project in the eligible city on discharging the lease purchase agreement.

C. Except as provided in subsection E of this section, the annual lease payment under the lease purchase agreement shall not exceed the amount that would otherwise have been distributable to the eligible city pursuant to section 9-602 if the notice pursuant to section 9-624 had not been filed.

D. An eligible projects lease purchase fund is established consisting of monies appropriated by the legislature for lease purchase agreement payments pursuant to this section.  The director shall administer the fund and distribute monies in the fund to make payments pursuant to lease purchase agreements entered into by the director pursuant to this section and to pay costs considered to be necessary by the director and the eligible city in connection with lease purchase transactions entered into pursuant to this section.  Payments pursuant to a lease purchase agreement shall be made only from the eligible projects lease purchase fund.  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.

E. At the request of an eligible city, the director may complete lease purchase financing for all or any part of the eligible project, except that if the annual lease payment of this state exceeds the amounts that would otherwise have been distributable to the eligible city for the eligible project, all such excess amounts shall be paid from monies provided by the eligible city.
A.R.S. § 41-2706 — Arizona Code / Title 41 / Chapter 24 / Article 1 / Section 2706
41-2706 Applicability of chapter
Status: in_force

41-2706. Applicability of chapter

A. This chapter applies to the solicitation of grants initiated after August 6, 1999.

B. This chapter does not apply to:

1. Any grant program that was exempt from chapter 23, article 3 of this title and for which administrative rules establishing grant solicitation procedures were adopted pursuant to chapter 6 of this title before August 6, 1999.

2. The Arizona board of regents and schools, colleges, institutions and universities under its control if the Arizona board of regents adopts rules or policies governing the award of grants that encourage as much competition as practicable.

3. Grants made by the cotton research and protection council for research programs related to cotton production or protection.

4. Grants made by the Arizona iceberg lettuce research council for research programs under section 3-526.02, subsection C, paragraph 3 or 5.

5. Grants made by the Arizona citrus research council for research programs under section 3-468.02, subsection C, paragraph 3 or 5.

6. Grants made by the Arizona grain research and promotion council for research projects and programs under section 3-584, subsection C, paragraph 5.

7. Grants made under section 3-268, subsection C.

8. Grants made by the Arizona commerce authority from the Arizona competes fund pursuant to chapter 10, article 5 of this title.  With respect to other grants, the authority shall adopt policies, procedures and practices, in consultation with the department of administration, that are similar to and based on the policies and procedures prescribed by this chapter for the purpose of increased public confidence, fair and equitable treatment of all persons engaged in the process and fostering broad competition while accomplishing flexibility to achieve the authority's statutory requirements.  The authority shall make its policies, procedures and practices available to the public.

9. Grants of less than five thousand dollars from the veterans' donations fund if the department of veterans' services adopts rules or policies governing these grants that encourage as much competition as practicable.
A.R.S. § 41-1304.04 — Arizona Code / Title 41 / Chapter 8 / Article 1 / Section 1304.04
41-1304.04 Authority to accept and expend in the name of the legislature public and private gifts and grants
Status: in_force

41-1304.04. Authority to accept and expend in the name of the legislature public and private gifts and grants

The Arizona legislative council may accept and expend in the name of the legislature public and private gifts and grants.
A.R.S. § 41-2827 — Arizona Code / Title 41 / Chapter 26 / Article 1 / Section 2827
41-2827 Products produced by committed youths; materials; disaffirmance; contracts
Status: in_force

41-2827. Products produced by committed youths; materials; disaffirmance; contracts

A. Products that are produced by committed youths pursuant to an educational, vocational, treatment, training or work program are the property of the department and may be marketed to the public by the department.

B. The department may purchase raw materials, components and supplies for use in the manufacture of products in a department educational, vocational, treatment, training or work program.

C. The department shall fix and determine the prices at which all articles, services or products that are manufactured, provided or produced shall be furnished or sold. All articles or products that are manufactured or produced or services that are provided through department educational, vocational, treatment, training or work programs shall be priced at not less than the actual cost of producing and marketing the product plus a reasonable amount for overhead and administrative costs and a reasonable profit to provide fiscal resources for the research and development of programs for committed youths.

D. Sales of products that are produced by committed youths pursuant to a department educational, vocational, treatment, training or work program are not subject to disaffirmance because of minority.

E. The director or the director's designee may contract with any state agency, political subdivision or private person, firm, corporation or association to provide services or products produced by committed youths pursuant to an educational, vocational, treatment, training or work program.
A.R.S. § 41-2825 — Arizona Code / Title 41 / Chapter 26 / Article 1 / Section 2825
41-2825 Community work program
Status: in_force

41-2825. Community work program

A. A community work program is established under the jurisdiction of the department.

B. The director may place a person granted conditional liberty in the community work program under the direction of the department.

C. The community work program shall involve community restitution programs, including graffiti abatement, park maintenance and other community restitution activities.

D. The department may credit a youth for community restitution pursuant to section 41-2826 at a rate deemed reasonable by the director.  Monies credited to the youth under this subsection may only be used to satisfy restitution or court ordered monetary assessments.
A.R.S. § 41-1754 — Arizona Code / Title 41 / Chapter 12 / Article 3 / Section 1754
41-1754 Impersonation of highway patrol or department of public safety officer; classification
Status: in_force

41-1754. Impersonation of highway patrol or department of public safety officer; classification

A person is guilty of a class 1 misdemeanor who either:

1. Without authority, wears the badge of a member of the highway patrol or department of public safety or a badge of similar design that would tend to deceive.

2. Impersonates a member of the highway patrol or department of public safety with the intent to deceive.
A.R.S. § 41-151.14 — Arizona Code / Title 41 / Chapter 1 / Article 2.1 / Section 151.14
41-151.14 State and local public records management; violation; classification; definition
Status: in_force

41-151.14. State and local public records management; violation; classification; definition

A. The head of each state and local agency shall:

1. Establish and maintain an active, continuing program for the economical and efficient management of the public records of the agency.

2. Make and maintain records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures and essential transactions of the agency designed to furnish information to protect the rights of this state and of persons directly affected by the agency's activities.

3. Submit to the director, in accordance with established standards, schedules proposing the length of time each record series warrants retention for administrative, legal or fiscal purposes after it has been received by the agency.

4. Once every five years submit to the director lists of all essential public records in the custody of the agency.

5. Cooperate with the director in the conduct of surveys.

6. Designate an individual within the agency to manage the records management program of the agency. The agency shall reconfirm the identity of this individual to the state library every other year. The designated individual:

(a) Must be at a level of management sufficient to direct the records management program in an efficient and effective manner.

(b) Shall act as coordinator and liaison for the agency with the state library.

7. Comply with rules, standards and procedures adopted by the director.

B. The governing body of each county, city, town or other political subdivision shall promote the principles of efficient records management for local public records. The governing body, as far as practicable, shall follow the program established for managing state records. The director, on request of the governing body, shall provide advice and assistance in establishing a local public records management program.

C. A head of a state or local agency who violates this section is guilty of a class 2 misdemeanor.

D. For the purposes of this section, "records management" means creating and implementing systematic controls for records and information activities from the point where they are created or received through final disposition or archival retention, including distribution, use, storage, retrieval, protection and preservation.
A.R.S. § 41-2531 — Arizona Code / Title 41 / Chapter 23 / Article 3 / Section 2531
41-2531 Definitions
Status: in_force

41-2531. Definitions

In this article, unless the context otherwise requires:

1. "Bidder prequalification" means determining in accordance with rules adopted pursuant to this chapter that a prospective bidder or offeror satisfies the criteria for being included on the bidder's list.

2. "Cost-reimbursement contract" means a contract under which a contractor is reimbursed for costs which are reasonable, allowable and allocable in accordance with the contract terms and the provisions of this chapter, and paid a fee, if provided for in the contract.

3. "Demonstration project" means a project in which a vendor supplies a service or material to this state for which the state does not pay but for which this state may be obligated to provide routine support such as utility cost and operating personnel.

4. "Established catalogue price" means the price included in a catalogue, price list, schedule or other form that:

(a) Is regularly maintained by a manufacturer, distributor or contractor.

(b) Is either published or otherwise available for inspection by customers.

(c) States prices at which sales are currently or were last made to a significant number of any category of buyers or buyers constituting the general buying public for the materials or services involved.

5. "Invitation for bids" means all documents, whether attached or incorporated by reference, which are used for soliciting bids in accordance with the procedures prescribed in section 41-2533.

6. "Multistep sealed bidding" means a two phase process consisting of a technical first phase composed of one or more steps in which bidders submit unpriced technical offers to be evaluated by this state and a second phase in which those bidders whose technical offers are determined to be acceptable during the first phase have their price bids considered.

7. "Paper" means newspaper, high grade office paper, fine paper, bond paper, offset paper, xerographic paper, duplicator paper and related types of cellulosic material containing not more than ten per cent by weight or volume of noncellulosic material such as laminates, binders, coatings or saturants.

8. "Paper product" means paper items or commodities, including paper napkins, towels, corrugated paper and related types of cellulosic products containing not more than ten per cent by weight or volume of noncellulosic material such as laminates, binders, coatings or saturates.

9. "Post-consumer material" means a discard generated by a business or residence that has fulfilled its useful life.  Post-consumer material does not include discards from industrial or manufacturing processes.

10. "Purchase description" means the words used in a solicitation to describe the materials, services or construction for purchase and includes specifications attached to, or made a part of, the solicitation.

11. "Recycled paper" means paper products which have been manufactured from materials otherwise destined for the waste stream and which contain at least forty per cent recovered wastepaper with ten per cent of that being post-consumer material.

12. "Request for information" means all documents issued to vendors for the sole purpose of seeking information about the availability in the commercial marketplace of materials or services.

13. "Request for proposals" means all documents, whether attached or incorporated by reference, which are used for soliciting proposals in accordance with procedures prescribed in section 41-2534.

14. "Responsible bidder or offeror" means a person who has the capability to perform the contract requirements and the integrity and reliability which will assure good faith performance.

15. "Responsive bidder" means a person who submits a bid which conforms in all material respects to the invitation for bids.

16. "Unsolicited proposal" means a written proposal that is submitted on the initiative of the offeror for the purposes of obtaining a contract with this state and that is not in response to a formal or informal request from this state.

17. "Wastepaper" means recyclable paper and paperboard, including high grade office paper, computer paper, fine paper, bond paper, offset paper, xerographic paper, duplicator paper and corrugated paper.
A.R.S. § 41-709 — Arizona Code / Title 41 / Chapter 4 / Article 1 / Section 709
41-709 Gifts and donations for employee recognition
Status: in_force

41-709. Gifts and donations for employee recognition

A state department or agency may accept gifts and donations from a public entity, a private entity or any person for the conduct of employee recognition programs.  Gifts and donations for employee recognition programs are subject to the requirements of title 35, chapter 1, article 3 and chapter 23 of this title.
A.R.S. § 41-1483 — Arizona Code / Title 41 / Chapter 9 / Article 6 / Section 1483
41-1483 Notices to be posted; violation; classification
Status: in_force

41-1483. Notices to be posted; violation; classification

A. Every employer, employment agency and labor organization shall post and keep posted in conspicuous places upon its premises where notices to employees, applicants for employment and members are customarily posted a notice to be prepared or approved by the division setting forth excerpts from or summaries of the pertinent provisions of this article and article 4 and information pertinent to the filing of a complaint.

B. Intentional failure to post such notices after having been furnished such notices by the division is a petty offense.
A.R.S. § 41-1491.25 — Arizona Code / Title 41 / Chapter 9 / Article 7 / Section 1491.25
41-1491.25 Additional or substitute respondent
Status: in_force

41-1491.25. Additional or substitute respondent

A. The attorney general may join a person not named in the complaint as an additional or substitute respondent if in the course of the investigation the attorney general determines that the person should be accused of a discriminatory housing practice.

B. In addition to the information required in the notice under section 41-1491.22, subsection F, paragraph 3, the attorney general shall include in a notice to a respondent joined under this section an explanation of the basis for the determination that the person is properly joined as a respondent.
A.R.S. § 41-860.04 — Arizona Code / Title 41 / Chapter 4.1 / Article 5 / Section 860.04
41-860.04 State mineral
Status: in_force

41-860.04. State mineral

Wulfenite is the official state mineral.
A.R.S. § 41-1491.22 — Arizona Code / Title 41 / Chapter 9 / Article 7 / Section 1491.22
41-1491.22 Complaints
Status: in_force

41-1491.22. Complaints

A. The attorney general shall investigate alleged discriminatory housing practices. The attorney general, on his own initiative, may file such a complaint.

B. A complaint shall be in writing, under oath and in the form prescribed by the attorney general.

C. An aggrieved person may file, not later than one year after an alleged discriminatory housing practice has occurred or terminated, whichever is later, a complaint with the attorney general alleging the discriminatory housing practice.

D. Not later than one year after an alleged discriminatory housing practice has occurred or terminated, whichever is later, the attorney general may file his own complaint.

E. A complaint may be amended at any time.

F. On the filing of a complaint the attorney general shall:

1. Give the aggrieved person notice that the complaint has been received.

2. Advise the aggrieved person of the time limits and choice of forums under this article.

3. Not later than twenty days after the filing of the complaint or the identification of an additional respondent under section 41-1491.25 serve on each respondent:

(a) A notice identifying the alleged discriminatory housing practice and advising the respondent of the procedural rights and obligations of a respondent under this article.

(b) A copy of the original complaint.

G. Notices and other documents required to be served under this article may be served as provided by section 41-1403, subsection B, paragraph 4.
A.R.S. § 41-743 — Arizona Code / Title 41 / Chapter 4 / Article 4 / Section 743
41-743 Powers and duties of the director
Status: in_force

41-743. Powers and duties of the director

A. The director is responsible for the direction and control of personnel administration.

B. The director shall:

1. Employ staff as necessary to perform the duties prescribed by this article.

2. Establish those offices as the director determines necessary to maintain an effective and efficient program of personnel administration.

3. Adopt rules and procedures relating to personnel and personnel administration for both covered and uncovered employees. The rules shall include:

(a) The establishment and maintenance of classification and compensation plans.

(b) The recruitment, selection and appointment process of eligible applicants.

(c) Leave benefits and administration.

(d) Procedures for the periodic and regular review and evaluation of the quality and quantity of work performed by employees.

(e) Changes to employment status.

(f) Procedures for the review of complaints if the complaint contains an allegation of discrimination or harassment.

(g) Procedures requiring review by the director of dismissals, suspensions for more than eighty working hours or involuntary demotions before administering the action.

(h) Grievance rights specific to covered employees.

(i) Appeal rights and other rules specific to covered employees.

(j) Any other aspects of personnel administration as determined by the director.

4. Provide an annual report and recommendation to the legislature and the joint legislative budget committee as provided in section 41-751.

5. Establish a mandatory program of personnel management training for all employees with supervisory responsibility that is appropriate to the nature and scope of the employees' responsibilities.  The director may waive the mandatory training on a case by case basis.  The training shall include at least the following subjects:

(a) Basic employee supervision.

(b) Employee performance evaluations.

(c) Employee discipline.

(d) Other subjects as the director determines.

6. Provide consultation to state agency management in all aspects of personnel management to increase efficiency and economy in state agencies by improving the methods of personnel administration with full recognition of the requirements and needs of management.

C. The director may:

1. Delegate specific personnel functions to a state agency head consistent with legal requirements.

2. Enter into agreements with any state agency or political subdivision of this state or any agency of a political subdivision of this state to furnish personnel administration services and facilities of the department.  Unless monies have been appropriated by the legislature for this purpose, any agreement shall provide for reimbursement to this state of the actual cost of the services and facilities furnished, as determined by the department.

3. Subject to legislative appropriation, contract for the services of consultants necessary to perform the annual salary plan and salary plan adjustment recommendations.

D. Subsection B, paragraph 3, subdivision (g) of this section relating to review by the director for certain disciplinary actions does not apply to those employees listed in section 41-742, subsection F.
A.R.S. § 41-2952 — Arizona Code / Title 41 / Chapter 27 / Article 1 / Section 2952
41-2952 Definitions
Status: in_force

41-2952. Definitions

In this chapter, unless the context otherwise requires:

1. "Agency" means any department, office, agency, commission, board or other instrumentality of this state specified in article 2 of this chapter regardless of whether monies are appropriated to such board.

2. "Committee" means the joint legislative audit committee.

3. "Committee of reference" means the appropriate standing committee of the house of representatives or senate that is appointed for the purpose of evaluating agencies subject to termination pursuant to this chapter.

4. "Special performance audit" means a performance audit of limited scope.

5. "Sunset review" means a systematic evaluation by the committee of reference under the supervision of the joint legislative audit committee, with the assistance of the appropriate agency, joint legislative budget committee, committees of reference, auditor general and support staff, to determine if the merits of the program justify its continuation rather than termination, or its continuation at a level less than or greater than the existing level. Such review shall be undertaken in the scope and detail the committee of reference deems appropriate and shall include, without limitation, whether there is a need for the program in state government and, if so, an assessment of the degree to which the original objectives of the program have been achieved expressed in terms of the performance, impact or accomplishments of the program and of the situation it was intended to address. Such review shall be coordinated with the performance audit procedures of the auditor general as set forth in chapter 7, article 10.1 of this title or of the committees of reference, whichever is appropriate.

6. "Terminate" or "termination" means the date provided for termination of legislative authority for the existence of a particular agency pursuant to article 2 of this chapter.
A.R.S. § 41-1482 — Arizona Code / Title 41 / Chapter 9 / Article 6 / Section 1482
41-1482 Recordkeeping; preservation of records; reports to division; furnishing information to other governmental agencies; information confidential; classification
Status: in_force

41-1482. Recordkeeping; preservation of records; reports to division; furnishing information to other governmental agencies; information confidential; classification

A. Every employer, employment agency and labor organization subject to article 4 of this chapter shall make and keep such records relevant to the determination of whether unlawful employment practices have been or are being committed, preserve such records for such periods and make such reports therefrom as the division shall prescribe by regulation or order, after public hearing, as reasonable, necessary or appropriate for the enforcement of this article and article 4. Compliance with reporting and recordkeeping regulations issued by the United States equal employment opportunity commission shall be compliance with this subsection. Any employer, employment agency, labor organization or joint labor-management committee which believes that the application to it of any regulation or order issued under this section would result in undue hardship may apply to the division for an exemption. If an application for such exemption is denied, a civil action may be brought in the superior court for the county where such records are kept. If the division of the court, as the case may be, finds that the application of the regulation or order to the employer, employment agency or labor organization in question, or in general, would impose an undue hardship, the division or the court, as the case may be, may grant appropriate relief. If any person required to comply with the provisions of this subsection fails or refuses to do so, the superior court for the county in which such person is found, resides or transacts business shall upon application of the division issue to such person an order requiring him to comply.

B. In prescribing requirements pursuant to subsection A, the division shall consult with other interested governmental agencies and shall coordinate its requirements with those adopted by such agencies. Upon request the division may furnish to any such governmental agency charged with the administration of a fair employment practices law information obtained pursuant to subsection A from any employer, employment agency, labor organization or joint labor-management committee subject to the jurisdiction of such agency. Such information shall be furnished on condition that it not be made public by the recipient agency prior to the institution of a proceeding under applicable law involving such information. If this condition is violated by a recipient agency, the division may decline to honor subsequent requests of such agency.

C. It is unlawful for any officer or employee of the division or the board to make public in any manner whatever any information obtained by the division pursuant to its authority under this section prior to the institution of any proceeding involving such information under this article. Any officer, employee or agent of the division or the board who shall make public in any manner whatever any information in violation of this subsection is guilty of a class 1 misdemeanor.
A.R.S. § 41-2580 — Arizona Code / Title 41 / Chapter 23 / Article 5 / Section 2580
41-2580 Requirements applicable to construction services and professional services and to contracts for construction services and professional services; definition
Status: in_force

41-2580. Requirements applicable to construction services and professional services and to contracts for construction services and professional services; definition

A. The requirements prescribed in this section apply to each contract entered into as the result of a procurement of construction services or professional services under section 41-2535, 41-2536, 41-2537, 41-2578, 41-2579 or 41-2581 and to the professional services and construction services included in each procurement under section 41-2535, 41-2536, 41-2537, 41-2578, 41-2579 or 41-2581.

B. If a procurement under section 41-2578 is for construction-manager-at-risk construction services or design-build construction services to be contracted pursuant to section 41-2578, subsection E or if a procurement under section 41-2535, 41-2536 or 41-2537 is for construction-manager-at-risk construction services or design-build construction services, the purchasing agency shall enter into a written contract with the contractor for preconstruction services under which the purchasing agency shall pay the contractor a fee for preconstruction services in an amount agreed by the purchasing agency and the contractor, and the purchasing agency shall not request or obtain a fixed price or a guaranteed maximum price for the construction from the contractor or enter into a construction contract with the contractor until after the purchasing agency has entered into the written contract for preconstruction services and a preconstruction services fee.

C. If a contract for construction services is entered into as the result of a procurement under section 41-2535, 41-2536, 41-2537, 41-2578 or 41-2579, construction shall not commence until the purchasing agency and contractor agree in writing on either a fixed price that the purchasing agency will pay for the construction to be commenced or a guaranteed maximum price for the construction to be commenced.  The construction to be commenced may be the entire project or may be one or more phased parts of the project.

D. A contract for professional services entered into as the result of a procurement under section 41-2535, 41-2536, 41-2537, 41-2578, 41-2579 or 41-2581 shall have a term not exceeding five years after the date of contract award by the purchasing agency of the first contract under the procurement, except that the contract may continue in effect after the five year term for professional services on projects on which the rendering of professional services commences within the five year term.

E. Notwithstanding any other law:

1. The contractor for design-build or job-order-contracting construction services is not required to be registered to perform design services pursuant to title 32, chapter 1 if the person or firm actually performing the design services on behalf of the contractor is appropriately registered.

2. The contractor for construction-manager-at-risk, design-build or job-order-contracting construction services shall be licensed to perform construction pursuant to title 32, chapter 10.

F. For job-order-contracting construction services only:

1. The maximum dollar amount of an individual job order shall be one million dollars or such higher or lower amount prescribed by the purchasing agency in an action noticed pursuant to title 38, chapter 3, article 3.1 or a rule adopted by the purchasing agency as the maximum amount of an individual job order.  Requirements shall not be artificially divided or fragmented in order to constitute a job order that satisfies this requirement.

2. If the contractor subcontracts or intends to subcontract part or all of the work under a job order and if the job-order-contracting construction services contract includes descriptions of standard individual tasks, standard unit prices for standard individual tasks and pricing of job orders based on the number of units of standard individual tasks in the job order:

(a) The contractor has a duty to deliver promptly to each subcontractor invited to bid a coefficient to the contractor to do all or part of the work under one or more job orders:

(i) A copy of the descriptions of all standard individual tasks on which the subcontractor is invited to bid.

(ii) A copy of the standard unit prices for the individual tasks on which the subcontractor is invited to bid.

(b) If not previously delivered to the subcontractor, the contractor has a duty to deliver promptly the following to each subcontractor invited to or that has agreed to do any of the work included in any job order:

(i) A copy of the description of each standard individual task that is included in the job order and that the subcontractor is invited to perform.

(ii) The number of units of each standard individual task that is included in the job order and that the subcontractor is invited to perform.

(iii) The standard unit price for each standard individual task that is included in the job order and that the subcontractor is invited to perform.

G. Notwithstanding any contrary provision of this section or this title, a purchasing agency shall not:

1. Enter into a contract as contractor to provide construction-manager-at-risk construction services, design-build construction services or job-order-contracting construction services.

2. Contract with itself, with another purchasing agency, with this state or with any other governmental unit of this state or the federal government for the purchasing agency to provide construction-manager-at-risk construction services, design-build construction services or job-order-contracting construction services.

H. The prohibitions prescribed in subsection G of this section do not prohibit a purchasing agency from providing construction for itself as provided by law.

I. The purchasing agency shall include in each contract for construction services the full street or physical address of each separate location at which the construction will be performed and a requirement that the contractor and each subcontractor at any level include in each of its subcontracts the same address information. The contractor and each subcontractor at any level shall include in each subcontract the full street or physical address of each separate location at which construction work will be performed.

J. The following provisions apply to all construction services procured under section 41-2535, 41-2536, 41-2537, 41-2578 or 41-2579:

1. The contractor performing the construction services is permitted to self-perform part of the construction work, if and to the extent agreed in writing by the purchasing agency and the contractor.  The purchasing agency may use methods other than competitive bidding to assure itself that the price the purchasing agency pays to the contractor for self-performed work is fair and reasonable. Permitted methods to evaluate fairness and reasonableness of the price of self-performed work include evaluation of the contractor's proposed scope of work and price for self-performed work by an estimator who is hired and paid by the purchasing agency, who is independent of the contractor and who may be an employee of the purchasing agency.  Although the purchasing agency may elect to so require, nothing in this title or any other law shall be construed or interpreted to require the purchasing agency to require a contractor desiring to self-perform part of the construction work to competitively bid that part of the construction work against other contractors in a bid competition.

2. The following requirements apply to the construction work to be performed by subcontractors and do not apply to construction work that the purchasing agency and the contractor agree in writing will be self-performed by the contractor:

(a) The person or firm selected to perform the construction services shall select subcontractors based on qualifications alone or on a combination of qualifications and price and shall not select subcontractors based on price alone. A qualifications and price selection may be a single-step selection based on a combination of qualifications and price or a two-step selection. In a two-step selection, the first step shall be based on qualifications alone and the second step may be based on a combination of qualifications and price or on price alone.

(b) The purchasing agency shall include in each contract:

(i) If the purchasing agency included its subcontractor selection plan in the request for qualifications, the purchasing agency's subcontractor selection plan and the procedures to implement the purchasing agency's subcontractor selection plan proposed by the selected person or firm in submitting its qualifications with those modifications to the procedures as the purchasing agency and the selected person or firm agree.

(ii) If the purchasing agency did not include its subcontractor selection plan in the request for qualifications, the subcontractor selection plan proposed by the selected person or firm in submitting its qualifications with those modifications as the purchasing agency and the selected person or firm agree.

(c) In making the selection of subcontractors, the person or firm selected to perform the construction services shall use the subcontractor selection plan and any procedures included in its contract.

K. For the purposes of this section, "professional services" includes architect services, engineer services, landscape architect services, assayer services, geologist services and land surveying services and any combination of those services.
A.R.S. § 41-3016.23 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3016.23
41-3016.23 Arizona e-learning task force; termination July 1, 2016
Status: repealed

41-3016.23. Arizona e-learning task force; termination July 1, 2016

A. The e-learning task force terminates on July 1, 2016.

B. Section 15-1044 is repealed on January 1, 2017.
A.R.S. § 41-1711 — Arizona Code / Title 41 / Chapter 12 / Article 2 / Section 1711
41-1711 Department of public safety; purpose; location; qualifications of director; responsibilities
Status: in_force

41-1711. Department of public safety; purpose; location; qualifications of director; responsibilities

A. There shall be a department of public safety which is responsible for creating and coordinating services for use by local law enforcement agencies in protecting the public safety. The principal office and headquarters of the department shall be in Phoenix.

B. The department shall formulate plans with a view to establishing modern services for prevention of crime, apprehension of violators, training of law enforcement personnel, and the promotion of public safety. The department shall in no way preempt the authority and jurisdiction of established agencies of political subdivisions of the state.

C. The director shall be selected on the basis of training and experience with a minimum of five years' experience in the administration of law enforcement.

D. The director shall be appointed by the governor pursuant to section 38-211 to serve concurrently with the appointing governor and shall be subject to removal for cause, including but not limited to malfeasance, misfeasance and nonfeasance in office.  The director shall receive annual compensation as determined pursuant to section 38-611.

E. The director shall be directly responsible to the governor for the conduct and the administration of the department.  If the director is unable to act, the deputy director shall direct the activities of the department during the period in which the director is unable to act.  If the director and deputy director are unable to act, the governor shall direct the activities of the department during the period in which the director and deputy director are unable to act.

F. The director shall prescribe procedures for use of department personnel, facilities, equipment, supplies and other resources in assisting search or rescue operations.

G. The director shall be responsible for the establishment, operation and maintenance of the statewide emergency medical services communication system prescribed by section 41-1835.

H. The director may purchase, lease, equip, staff and operate air ambulances, including ambulance helicopters, pursuant to section 41-1834.

I. To limit the expenditures of monies derived from the state highway fund established pursuant to article IX, section 14, Constitution of Arizona, to traffic safety and traffic law enforcement purposes, the department of public safety shall:

1. Maintain a strict account of all costs incurred by each function of the department. Such costs shall be determined and allocated between traffic safety or traffic law enforcement functions and all other departmental functions and shall include such costs as wages or salaries, materials or supplies and equipment or facility use.

2. Immediately following the determination of all such costs certify to the office of strategic planning and budgeting the full amount of all such costs relating to the various functions within the department.

J. The office of strategic planning and budgeting shall annually submit a separate report to the legislature compiled from the department's functional costs certification indicating the complete breakdown between those costs which are related to traffic safety or traffic law enforcement functions and the various other functions within the department. The director of the department of administration shall include within the director's annual report to the legislature a recommendation for a separate appropriation to reimburse the state highway fund from the state general fund for any expenditures from the state highway fund during the prior fiscal year in excess of the total of all costs related to traffic safety or traffic law enforcement functions of the department.

K. The director shall establish a special hazardous materials emergency response organizational unit within the department to function as the initial response element of the hazardous materials emergency management program pursuant to section 49-123.

L. The department is designated as this state's recipient of federal victims of crime act grants.
A.R.S. § 41-3027.07 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3027.07
41-3027.07 Office of economic opportunity; termination July 1, 2027
Status: repealed

41-3027.07. Office of economic opportunity; termination July 1, 2027

A. The office of economic opportunity terminates on July 1, 2027.

B. Title 41, chapter 53 and this section are repealed on January 1, 2028, if the office:

1. Has no outstanding contractual obligations with the United States or any United States agency.

2. Has no debts, obligations or guarantees that were issued.

3. Has otherwise provided for paying or retiring such debts or obligations.

C. If any debt or obligation listed in subsection B of this section exists and no satisfactory provision has been made to pay or retire the debt or obligation, the office and statutes continue in existence until the debt or obligation is fully satisfied.
A.R.S. § 41-101.01 — Arizona Code / Title 41 / Chapter 1 / Article 1 / Section 101.01
41-101.01 Authority to accept and expend certain funds
Status: in_force

41-101.01. Authority to accept and expend certain funds

A. The governor, except as otherwise provided by law, is authorized to accept and expend any grants, donations, aids, or other funds received from the federal government or any agency thereof pursuant to Public Law 88-452, the economic opportunity act of 1964, and Public Law 89-136, the public works and economic development act of 1965, and any other funds made available to the state through any federal statutes, and in receiving and expending such funds, the governor shall be considered the agency of the state for all the purposes provided by this section.

B. The governor's office is designated as this state's recipient of federal stop violence against women act grants.  The governor's office shall use monies received from these grants, subject to federal law.
A.R.S. § 41-736 — Arizona Code / Title 41 / Chapter 4 / Article 3 / Section 736
41-736 Forest reserve monies
Status: in_force

41-736. Forest reserve monies

When this state receives any monies that belong to the counties from the federal government from forest reserves the department shall:

1. Determine the amount to pass through to each county according to the forest acreage report for each county.

2. Distribute the monies as directed by the federal government among these counties.

3. Transmit these payments to the county treasurers for deposit in their respective county general funds.
A.R.S. § 41-1304.07 — Arizona Code / Title 41 / Chapter 8 / Article 1 / Section 1304.07
41-1304.07 Presidential executive orders; review; attorney general
Status: in_force

41-1304.07. Presidential executive orders; review; attorney general

A. At the request of one or more members of the legislature, the executive director of the legislative council shall review any executive order issued by the president of the United States that has not been affirmed by a vote of Congress and signed into law as prescribed by the Constitution of the United States.

B. On review, a member of the legislature may recommend to the attorney general that the order be further examined by the attorney general to determine the legality of the order. If the attorney general determines the order is illegal, the attorney general may file a declaratory judgment action in federal district court.
A.R.S. § 41-834 — Arizona Code / Title 41 / Chapter 4.1 / Article 2 / Section 834
41-834 Fees
Status: in_force

41-834. Fees

Any fees collected for annual membership or collections for any other purpose shall be deposited with the treasurer and expended as provided by the terms of this article and the rules and regulations of the society.
A.R.S. § 41-1952 — Arizona Code / Title 41 / Chapter 14 / Article 1 / Section 1952
41-1952 Department of economic security; director; appointment; compensation
Status: in_force

41-1952. Department of economic security; director; appointment; compensation

A. A department of economic security is established.

B. The direction, operation and control of the department are the responsibility of the director.

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

D. Compensation for the director shall be established pursuant to section 38-611.
A.R.S. § 41-1279.03 — Arizona Code / Title 41 / Chapter 7 / Article 10.1 / Section 1279.03
41-1279.03 Powers and duties
Status: in_force

41-1279.03. Powers and duties

A. The auditor general shall:

1. Prepare an audit plan for approval by the committee and report to the committee the results of each audit and investigation and other reviews conducted by the auditor general.

2. Conduct or cause to be conducted annual financial and compliance audits of financial transactions and accounts kept by or for all state agencies subject to the federal single audit requirements. The audits shall be conducted in accordance with generally accepted governmental auditing standards and accordingly shall include tests of the accounting records and other auditing procedures as may be considered necessary in the circumstances.  The audits shall include the issuance of suitable reports as required by the federal single audit requirements so that the legislature, the federal government and others will be informed as to the adequacy of financial statements of this state in compliance with generally accepted accounting principles and to determine whether this state has complied with laws and regulations that may have a material effect on the financial statements and on major federal assistance programs.

3. Perform procedural reviews for all state agencies at times determined by the auditor general. These reviews may include evaluation of administrative and accounting internal controls and reports on these reviews.

4. Perform special research requests, special audits and related assignments as designated by the committee and conduct performance audits, special audits, special research requests and investigations of any state agency, whether created by the constitution or otherwise, as may be requested by the committee.

5. Annually on or before the fourth Monday of December, prepare a written report to the governor and to the committee that contains a summary of activities for the previous fiscal year.

6. In the fifth year and in each fifth year thereafter in which a transportation excise tax is in effect in a county as provided in section 42-6106 or 42-6107, conduct a performance audit that:

(a) Reviews past expenditures and future planned expenditures of the transportation excise revenues and determines the impact of the expenditures in solving transportation problems within the county and, for a transportation excise tax in effect in a county as provided in section 42-6107, determines whether the expenditures of the transportation excise revenues comply with section 28-6392, subsection B.

(b) Reviews projects completed to date and projects to be completed during the remaining years in which a transportation excise tax is in effect.  Within six months after each review period, the auditor general shall present a report to the speaker of the house of representatives and the president of the senate detailing findings and making recommendations.

(c) Reviews, determines, reports and makes recommendations to the speaker of the house of representatives and the president of the senate whether the distribution of Arizona highway user revenues complies with title 28, chapter 18, article 2.

7. If requested by the committee, conduct performance audits of counties and incorporated cities and towns receiving Arizona highway user revenue fund monies pursuant to title 28, chapter 18, article 2 to determine whether the monies are being spent as provided in section 28-6533, subsection B.

8. Perform special audits designated pursuant to law if the auditor general determines that there are adequate monies appropriated for the auditor general to complete the audit. If the auditor general determines the appropriated monies are inadequate, the auditor general shall notify the committee.  Based on information provided by the auditor general, for any legislative measure that requires the auditor general to perform a special audit, the joint legislative budget committee staff shall notify all the members of the legislature as soon as practicable of the cost to conduct the special audit.

9. Establish a schoolwide audit team in the office of the auditor general to conduct performance audits and monitor school districts to determine the percentage of every dollar spent in the classroom by the school district. Each school district shall prominently post on its website home page a copy of its profile pages that displays the percentage of every dollar spent in the classroom by that school district from the most recent status report issued by the auditor general pursuant to this paragraph. The auditor general shall determine, through random selection, the school districts to be audited each year, subject to review by the joint legislative audit committee. A school district that is subject to an audit pursuant to this paragraph shall notify the auditor general in writing whether the school district agrees or disagrees with the findings of the audit and whether the school district will implement the recommendations, implement modifications to the recommendations or refuse to implement the recommendations. The school district shall submit to the auditor general a written status report on the implementation of the audit recommendations at the request of the auditor general, within the two-year period following the issuance of an audit conducted pursuant to this paragraph. The auditor general shall review the school district's progress toward implementing the recommendations of the audit and provide status reports of the reviews to the joint legislative audit committee during this two-year period. The auditor general may review a school district's progress beyond this two-year period for recommendations that have not yet been implemented by the school district.  The school district shall participate in any hearing scheduled during this review period by the joint legislative audit committee or by any other legislative committee designated by the joint legislative audit committee.

10. Annually review per diem compensation and reimbursement of expenses for employees of this state and members of a state board, commission, council or advisory committee by judgmentally selecting samples and evaluating the propriety of per diem compensation and expense reimbursements.

B. The auditor general may:

1. Subject to approval by the committee, adopt rules necessary to administer the duties of the office.

2. Hire consultants to conduct the studies required by subsection A, paragraphs 6 and 7 of this section.

C. If approved by the committee, the auditor general may charge a reasonable fee for the cost of performing audits or providing accounting services for auditing federal funds, special audits or special services requested by political subdivisions of this state. Monies collected pursuant to this subsection shall be deposited in the audit services revolving fund.

D. The department of transportation, the county treasurer, the county transportation excise tax recipients and the board of supervisors of a county that has approved a county transportation excise tax as provided in section 42-6106 or 42-6107 and the governing bodies of counties, cities and towns receiving Arizona highway user revenue fund monies shall cooperate with and provide necessary information to the auditor general or the auditor general's consultant.

E. The department of transportation or the county transportation excise tax recipients shall reimburse the auditor general as follows, and the auditor general shall deposit the reimbursed monies in the audit services revolving fund:

1. For the cost of conducting the studies or hiring a consultant to conduct the studies required by subsection A, paragraph 6, subdivisions (a) and (b) of this section, from monies collected pursuant to a county transportation excise tax levied pursuant to section 42-6106 or 42-6107.

2. For the cost of conducting the studies or hiring a consultant pursuant to subsection A, paragraph 6, subdivision (c) and paragraph 7 of this section, from the Arizona highway user revenue fund.
A.R.S. § 41-3026.22 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3026.22
41-3026.22 Arizona state boxing and mixed martial arts commission; termination July 1, 2026
Status: repealed

41-3026.22. Arizona state boxing and mixed martial arts commission; termination July 1, 2026

A. The Arizona state boxing and mixed martial arts commission terminates on July 1, 2026.

B. Title 5, chapter 2 and this section are repealed on January 1, 2027.
A.R.S. § 41-988 — Arizona Code / Title 41 / Chapter 5 / Article 6 / Section 988
41-988 State poet laureate fund
Status: in_force

41-988. State poet laureate fund

The state poet laureate fund is established consisting of gifts, grants and donations. The commission shall administer the fund. Monies in the fund are continuously appropriated. The commission shall pay the costs and expenses of the state poet laureate established by section 41-987 from the monies available in the fund.
A.R.S. § 41-563.01 — Arizona Code / Title 41 / Chapter 3 / Article 5 / Section 563.01
41-563.01 Notification of vote by governing board
Status: in_force

41-563.01. Notification of vote by governing board

In the event of a vote by the governing board of any political subdivision pursuant to article IX, section 20, Constitution of Arizona, for the purpose of authorizing expenditures in excess of the prescribed limitations or for proposing an alternative spending limitation, the governing board shall:

1. Prior to the vote hold two public hearings on the proposed action. Notice of such hearings shall be published once a week for at least two consecutive weeks in a newspaper of general circulation in the applicable political subdivision. Immediately following the second public hearing, the governing board shall convene a special meeting and vote on the proposed excess expenditure.

2. Following the vote, a notice shall be published in a newspaper of general circulation within the political subdivision. The notice shall contain the following:

(a) A record of the vote.

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

(c) If approved a statement of the purpose or purposes for which the excess expenditures will be expended and the source of revenues to be used to finance the excess expenditures.
A.R.S. § 41-3016.04 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3016.04
41-3016.04 Employment advisory council; termination July 1, 2016
Status: repealed

41-3016.04. Employment advisory council; termination July 1, 2016

A. The Arizona employment advisory council terminates on July 1, 2016.

B. Title 23, chapter 3, article 2 is repealed on January 1, 2017.
A.R.S. § 41-1491.17 — Arizona Code / Title 41 / Chapter 9 / Article 7 / Section 1491.17
41-1491.17 Entry into neighborhood
Status: in_force

41-1491.17. Entry into neighborhood

A person, for profit, may not induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person of a particular race, color, religion, sex, disability, familial status or national origin.
A.R.S. § 41-252 — Arizona Code / Title 41 / Chapter 2 / Article 1 / Section 252
41-252 Authority to perform notarial acts
Status: in_force

41-252. Authority to perform notarial acts

A. A notarial officer may perform a notarial act authorized by this article or by any law of this state other than this article.

B. A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer's spouse is a party or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable.

C. A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record.
A.R.S. § 41-1826 — Arizona Code / Title 41 / Chapter 12 / Article 8 / Section 1826
41-1826 Arizona law enforcement training academy; former property; title transfer
Status: in_force

41-1826. Arizona law enforcement training academy; former property; title transfer

A. Notwithstanding any law to the contrary and for the benefit of the board, the department of public safety shall transfer to the state department of corrections the title to the property that was formerly known as the Arizona law enforcement training academy and that is operated as the correctional officer training academy in Tucson.

B. If at any time after title is transferred the state department of corrections leases or sells the property, the proceeds from the lease or sale shall be deposited, pursuant to sections 35-146 and 35-147, as follows:

1. 53.66 per cent of the proceeds or 53.66 per cent of the fair market value, whichever is greater, in the peace officers' training fund established by section 41-1825.

2. 46.34 per cent of the proceeds or 46.34 per cent of the fair market value, whichever is greater, in the state general fund.
A.R.S. § 41-1237 — Arizona Code / Title 41 / Chapter 7 / Article 8.1 / Section 1237
41-1237 Violation; classification
Status: in_force

41-1237. Violation; classification

A. Any person who knowingly violates any of the provisions of this article and any person who knowingly files any document provided for in this article that contains any materially false statement or material omission or any person who knowingly fails to comply with any material requirement of this article is guilty of a class 1 misdemeanor unless another classification is specifically prescribed in this article.

B. Any alleged violation of any provisions of this article may be investigated and prosecuted by the attorney general or by the county attorney of the county in which the alleged offense was committed.
A.R.S. § 41-1106 — Arizona Code / Title 41 / Chapter 7 / Article 1 / Section 1106
41-1106 Records; debate and testimony; definition
Status: in_force

41-1106. Records; debate and testimony; definition

Each house of the legislature shall keep, for a period of three years, an audiotape or verbatim transcription or other similar accurate record of debate and testimony occurring in committee and on the chamber floor. For purposes of this section "committee" includes standing committees, subcommittees, conference committees, interim committees and committees that are established by law or by either presiding officer.
A.R.S. § 41-1735 — Arizona Code / Title 41 / Chapter 12 / Article 2 / Section 1735
41-1735 Sexual assault kit evidence tracking system; definitions
Status: in_force

41-1735. Sexual assault kit evidence tracking system; definitions

A. The department shall establish a sexual assault kit evidence tracking system to track sexual assault kit evidence that is collected as prescribed in section 13-1426. A medical provider, law enforcement agency, public accredited crime laboratory or other person or entity that has custody or use of sexual assault kit evidence shall submit that information to the sexual assault kit evidence tracking system. The sexual assault kit evidence tracking system must:

1. Track the location and status of each sexual assault kit, including:

(a) The initial collection of evidence for the kit in a forensic medical examination.

(b) The receipt and storage of the kit at a law enforcement agency.

(c) The receipt and analysis of the kit at a public accredited crime laboratory.

(d) The storage and destruction of the kit.

2. Allow a health care facility that performs a forensic medical examination of a victim, a law enforcement agency, a public accredited crime laboratory, a prosecutor or another entity that provides a chain of custody for sexual assault kit evidence to update and track the status and location of the kits.

3. Allow a victim to anonymously track and receive updates regarding the status and location of the victim's sexual assault kit evidence, with advance notification of destruction of the kit.

B. Sexual assault kit evidence records that are entered into the sexual assault kit evidence tracking system are confidential, except that the records may be accessed by:

1. The victim for whom the sexual assault kit evidence was completed.

2. An employee of an entity listed in subsection A of this section for the purposes of updating or tracking the status or location of the sexual assault kit evidence.

C. For the purposes of this section:

1. "Law enforcement agency" has the same meaning prescribed in section 13-1426.

2. "Public accredited crime laboratory" has the same meaning prescribed in section 13-1426.
A.R.S. § 41-151.19 — Arizona Code / Title 41 / Chapter 1 / Article 2.1 / Section 151.19
41-151.19 Determination of value; disposition
Status: in_force

41-151.19. Determination of value; disposition

Every public officer who has public records in the public officer's custody shall consult periodically with the state library and the state library shall determine whether the records in question are of legal, administrative, historical or other value.  Those records determined to be of legal, administrative, historical or other value shall be preserved.  Those records determined to be of no legal, administrative, historical or other value shall be disposed of by such a method as the state library may specify.  A report of records destruction that includes a list of all records disposed of shall be filed at least annually with the state library on a form prescribed by the state library.
A.R.S. § 41-607 — Arizona Code / Title 41 / Chapter 3 / Article 7 / Section 607
41-607 Violation; classification
Status: in_force

41-607. Violation; classification

A person who knowingly makes a false statement under oath, orally or written, of a material fact relating to any claim under the provisions of this article is guilty of a class 5 felony.
A.R.S. § 41-1962 — Arizona Code / Title 41 / Chapter 14 / Article 1 / Section 1962
41-1962 Conflict with federal law
Status: in_force

41-1962. Conflict with federal law

Where any conflict with federal law occurs concerning the programs and functions of the department as established by the law of this state, such federal law shall control. For purposes of this section, "federal law" means any statute passed by the Congress of the United States, any final regulations adopted by any administrative agency of the United States government and published in the Code of Federal Regulations or the federal register or any final decision of the federal judiciary. A conflict between federal law and the law of this state does not exist for purposes of this section unless the source of the federal law, on its face or so clearly as not to require any additional interpretation, establishes the conflict. Upon notification of a conflict with federal law where the conflict does not meet the requirements of this section, the department may conform its programs and functions to eliminate the alleged conflict on condition that the department contest the alleged conflict.
A.R.S. § 41-1253 — Arizona Code / Title 41 / Chapter 7 / Article 9 / Section 1253
41-1253 Public and private gifts and grants
Status: in_force

41-1253. Public and private gifts and grants

The joint committee on capital review may accept and expend in the name of the legislature public and private gifts and grants.
A.R.S. § 41-1033 — Arizona Code / Title 41 / Chapter 6 / Article 3 / Section 1033
41-1033 Petition for a rule or review of an agency practice, substantive policy statement, final rule or unduly burdensome licensing requirement; notice
Status: in_force

41-1033. Petition for a rule or review of an agency practice, substantive policy statement, final rule or unduly burdensome licensing requirement; notice

A. Any person may petition an agency to do either of the following:

1. Make, amend or repeal a final rule.

2. Review an existing agency practice or substantive policy statement that the petitioner alleges to constitute a rule.

B. An agency shall prescribe the form of the petition and the procedures for the petition's submission, consideration and disposition.  The person shall state on the petition the rulemaking to review or the agency practice or substantive policy statement to consider revising, repealing or making into a rule.

C. Not later than sixty days after submission of the petition, the agency shall either:

1. Reject the petition and state its reasons in writing for rejection to the petitioner.

2. Initiate rulemaking proceedings in accordance with this chapter.

3. If otherwise lawful, make a rule.

D. The agency's response to the petition is open to public inspection.

E. If an agency rejects a petition pursuant to subsection C of this section, the petitioner has thirty days to appeal to the council to review whether the existing agency practice or substantive policy statement constitutes a rule. The petitioner's appeal may not be more than five double-spaced pages.

F. A person may petition the council to request a review of a final rule based on the person's belief that the final rule does not meet the requirements prescribed in section 41-1030. A petition submitted under this subsection may not be more than five double-spaced pages.

G. A person may petition the council to request a review of an existing agency practice, substantive policy statement, final rule or regulatory licensing requirement that the petitioner alleges is not specifically authorized by statute, exceeds the agency's statutory authority, is unduly burdensome or is not demonstrated to be necessary to specifically fulfill a public health, safety or welfare concern. On receipt of a properly submitted petition pursuant to this section, the council shall review the existing agency practice, substantive policy statement, final rule or regulatory licensing requirement as prescribed by this section. A petition submitted under this subsection may not be more than five double-spaced pages. This subsection does not apply to an individual or institution that is subject to title 36, chapter 4, article 10 or chapter 20.

H. If the council receives information that alleges an existing agency practice or substantive policy statement may constitute a rule, that a final rule does not meet the requirements prescribed in section 41-1030 or that an existing agency practice, substantive policy statement, final rule or regulatory licensing requirement exceeds the agency's statutory authority, is not specifically authorized by statute or does not meet the guidelines prescribed in subsection G of this section, or if the council receives an appeal under subsection E of this section, and at least three council members request of the chairperson that the matter be heard in a public meeting:

1. Within ninety days after receiving the third council member's request, the council shall determine whether any of the following applies:

(a) The agency practice or substantive policy statement constitutes a rule.

(b) The final rule meets the requirements prescribed in section 41-1030.

(c) An existing agency practice, substantive policy statement, final rule or regulatory licensing requirement exceeds the agency's statutory authority, is not specifically authorized by statute or meets the guidelines prescribed in subsection G of this section.

2. Within ten days after receiving the third council member's request, the council shall notify the agency that the matter has been or will be placed on the council's agenda for consideration on the merits.

3. Not later than thirty days after receiving notice from the council, the agency shall submit a statement of not more than five double-spaced pages to the council that addresses whether any of the following applies:

(a) The existing agency practice or substantive policy statement constitutes a rule.

(b) The final rule meets the requirements prescribed in section 41-1030.

(c) An existing agency practice, substantive policy statement, final rule or regulatory licensing requirement exceeds the agency's statutory authority, is not specifically authorized by statute or meets the guidelines prescribed in subsection G of this section.

I. At the hearing, the council shall allocate the petitioner and the agency an equal amount of time for oral comments not including any time spent answering questions raised by council members. The council may also allocate time for members of the public who have an interest in the issue to provide oral comments.

J. For the purposes of subsection H of this section, the council meeting shall not be scheduled until the expiration of the agency response period prescribed in subsection H, paragraph 3 of this section.

K. An agency practice, substantive policy statement, final rule or regulatory licensing requirement considered by the council pursuant to this section shall remain in effect while under consideration of the council. If the council determines that the agency practice, substantive policy statement or regulatory licensing requirement exceeds the agency's statutory authority, is not authorized by statute or constitutes a rule or that the final rule does not meet the requirements prescribed in section 41-1030, the practice, policy statement, rule or regulatory licensing requirement shall be void.  If the council determines that the existing agency practice, substantive policy statement, final rule or regulatory licensing requirement is unduly burdensome or is not demonstrated to be necessary to specifically fulfill a public health, safety or welfare concern, the council shall modify, revise or declare void any such existing agency practice, substantive policy statement, final rule or regulatory licensing requirement. If an agency decides to further pursue a practice, substantive policy statement or regulatory licensing requirement that has been declared void or has been modified or revised by the council, the agency may do so only pursuant to a new rulemaking.

L. A council decision pursuant to this section shall be made by a majority of the council members who are present and voting on the issue. Notwithstanding any other law, the council may not base any decision concerning an agency's compliance with the requirements of section 41-1030 in issuing a final rule or substantive policy statement on whether any party or person commented on the rulemaking or substantive policy statement.

M. A decision by the council pursuant to this section is not subject to judicial review, except that, in addition to the procedure prescribed in this section or in lieu of the procedure prescribed in this section, a person may seek declaratory relief pursuant to section 41-1034.

N. Each agency and the secretary of state shall post prominently on their websites notice of an individual's right to petition the council for review pursuant to this section.
A.R.S. § 41-1133 — Arizona Code / Title 41 / Chapter 7 / Article 3 / Section 1133
41-1133 Powers of committees at interim meetings
Status: in_force

41-1133. Powers of committees at interim meetings

A committee called to meet under the provisions of section 41-1132 shall have the powers conferred by law upon legislative committees.
A.R.S. § 41-151.04 — Arizona Code / Title 41 / Chapter 1 / Article 2.1 / Section 151.04
41-151.04 Compensation of director
Status: in_force

41-151.04. Compensation of director

The secretary of state shall determine the compensation of the director pursuant to section 38-611.
A.R.S. § 41-1232.06 — Arizona Code / Title 41 / Chapter 7 / Article 8.1 / Section 1232.06
41-1232.06 Exemption; unpaid volunteers
Status: in_force

41-1232.06. Exemption; unpaid volunteers

This article does not apply to expenditures made for or gifts given to members of any state agency, board, commission, committee or council who are not publicly elected and who serve without compensation provided that the expenditure or gift is not made in the course of lobbying that member. If the expenditure or gift is made in the course of lobbying, the reporting requirements of sections 41-1232 and 41-1232.01 shall apply. Payments made to a member of any state agency, board, commission, committee or council pursuant to title 38, chapter 4, article 2 shall not be considered compensation for the purposes of this section.
A.R.S. § 41-2306 — Arizona Code / Title 41 / Chapter 19 / Article 1 / Section 2306
41-2306 Tourism fund
Status: in_force

41-2306. Tourism fund

(Caution:  1998 Prop 105 applies)

A. The tourism fund is established consisting of separate accounts derived from:

1. State general fund monies appropriated to the fund by the legislature.  All monies in this account are continuously appropriated to the office of tourism for the purposes of operations and statewide tourism promotion.

2. Revenues deposited pursuant to section 5-835, subsection B or C.  All monies in this account are continuously appropriated to the office of tourism, which, in consultation with a consortium of destination marketing organizations in the county in which the tourism and sports authority is established, shall be spent to promote tourism within that county.  For fiscal years 2010-2011 and 2011-2012, fifty per cent of the revenues deposited in the tourism fund pursuant to this paragraph may be expended by the office of tourism for operational and administrative purposes.

3. Revenues deposited pursuant to section 42-6108.01. The legislature shall appropriate all monies in this account to the office of tourism, which, in conjunction with the destination marketing organization in the county in which the tax revenues are collected, shall be spent only to promote tourism within that county and shall not be spent for administrative or overhead expenses.

4. Revenues deposited pursuant to section 5-601.02(H)(3)(b)(iv).  The office of tourism shall administer the account.  The account is not subject to appropriation, and expenditures from the fund are not subject to outside approval notwithstanding any statutory provision to the contrary.  Monies received pursuant to section 5-601.02 shall be deposited directly with this account.  On notice from the office of tourism, the state treasurer may invest and divest monies in the account as provided by section 35-313, and monies earned from investment shall be credited to the account.  No monies in the account shall revert to or be deposited in any other fund, including the state general fund. Monies in this account shall supplement, not supplant, current funds in other accounts of the tourism fund.  Monies in this account shall be spent only to promote tourism within the state and shall not be used for administrative or overhead expenses.

B. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 41-617.01 — Arizona Code / Title 41 / Chapter 3 / Article 9 / Section 617.01
41-617.01 Arizona drug and gang prevention resource center; report
Status: in_force

41-617.01. Arizona drug and gang prevention resource center; report

Annually by November 15, the Arizona drug and gang prevention resource center shall submit a report to the governor, the president of the senate and the speaker of the house of representatives. At a minimum, this report shall include information regarding the current and future activities of the Arizona drug and gang prevention resource center, the source and use of monies received by the center to fund its activities and recommendations for administrative or legislative action.
A.R.S. § 41-783 — Arizona Code / Title 41 / Chapter 4 / Article 6 / Section 783
41-783 Appeals to the state personnel board for covered employees; notice of charges; hearings
Status: in_force

41-783. Appeals to the state personnel board for covered employees; notice of charges; hearings

A. Except as provided by section 41-1830.16, a covered employee who has completed the covered employee's original probationary period of service as provided by the personnel rules may appeal to the state personnel board the covered employee's dismissal from covered service, suspension for more than eighty working hours or involuntary demotion resulting from disciplinary action.  The appeal shall be filed not later than ten working days after the effective date of such action.  The covered employee shall be furnished with specified charges in writing when the action is taken. Such appeal shall be in writing and must state specific facts relating directly to the charges on which the appeal is based and shall be heard by the state personnel board within sixty days after its receipt. The state personnel board shall provide the employing agency with a copy of the appeal not less than twenty days in advance of the hearing.

B. Hearings on such appeals shall be open to the public, except in cases where the covered employee requests a confidential hearing, and shall be informal with technical rules of evidence not applying to the proceedings except the rule of privilege recognized by law.  Both the covered employee and the employing agency shall be notified of the initial hearing date not less than twenty days in advance of the hearing and not less than ten days in advance of a board meeting.  The covered employee and the employing agency may select representatives of their choosing, present and cross-examine witnesses and give evidence at the hearing.  The state personnel board may appoint a hearing officer to conduct the hearing and take evidence on behalf of the board and exercise the rights prescribed by section 12-2212. The state personnel board shall prepare an official record of the hearing, including all testimony recorded manually or by mechanical device, and exhibits.  Either party may request that the record be transcribed. If a party requests that the record be transcribed, an entity, other than the state personnel board, selected by the requesting party shall transcribe the record at the cost of the requesting party. If the disciplinary hearing would involve evidence the state is prevented by law from disclosing, then a confidential hearing upon the state's request shall be granted.

C. The state personnel board:

1. Shall determine whether the state agency has proven by a preponderance of the evidence the material facts on which the discipline was based.  On such a finding, the board shall affirm the decision of the state agency head, unless the disciplinary decision was arbitrary and capricious.

2. May recommend modification of a disciplinary action if the agency has not proven by a preponderance of the evidence the material facts on which the discipline was based or if a disciplinary decision is found to be arbitrary and capricious.

3. Shall reverse the decision of the state agency head if the board finds that cause did not exist for any discipline to be imposed and, in the case of dismissal or demotion, return the covered employee to the same position the employee held before the dismissal or demotion with or without back pay.

D. On a finding that the agency has not proven by a preponderance of the evidence the material facts on which the discipline was based, the board shall identify the material facts that the board found were not supported by a preponderance of the evidence and may recommend a proposed disciplinary action in light of the facts proven.  On a finding that the disciplinary decision was arbitrary and capricious, the board shall include the board's reasons for the board's finding and may recommend a proposed disciplinary action in light of the facts proven.

E. Within forty-five days after the conclusion of the hearing, the state personnel board shall enter its decision or recommendation and shall at the same time send a copy of the decision or recommendation by certified mail to the employing agency and to the covered employee at the employee's address as given at the hearing or to a representative designated by the covered employee to receive a copy of the decision or recommendation.  The agency director or the director's designee shall accept, modify or reverse the board's decision or accept, modify or reject the board's recommendation within fourteen days of receipt of the findings or recommendation from the state personnel board.  The decision of the agency director or director's designee is final and binding.  The agency director shall send a copy of the agency's final determination to the covered employee pursuant to this section.

F. Any party may appeal the decision of the state personnel board or the final decision of the agency pursuant to title 12, chapter 7, article 6 to the superior court in the covered employee's county of residence on one or more of the following grounds that the order was:

1. Founded on or contained error of law that shall specifically include error of construction or application of any pertinent rules.

2. Unsupported by any evidence as disclosed by the entire record.

3. Materially affected by unlawful procedure.

4. Based on a violation of any constitutional provision.

5. Arbitrary or capricious.

G. An appeal shall be available to the court of appeals from the order of the superior court pursuant to title 12, chapter 7, article 6 as in other civil cases.

H. A covered employee may represent himself or designate a representative, not necessarily an attorney, before any board hearing or any quasi-judicial hearing held pursuant to this section providing that no fee may be charged for any services rendered in connection with such hearing by any such designated representative who is not an attorney admitted to practice.
A.R.S. § 41-2404 — Arizona Code / Title 41 / Chapter 21 / Article 1 / Section 2404
41-2404 Arizona criminal justice commission; members; compensation; terms; meetings
Status: in_force

41-2404. Arizona criminal justice commission; members; compensation; terms; meetings

A. The Arizona criminal justice commission is established consisting of the following members:

1. The attorney general or the attorney general's designee.

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. Seventeen members who are appointed by the governor. Not more than nine of these members may be from the same political party.

5. The administrative director of the courts or the director's designee.

6. The chairperson of the board of executive clemency or the chairperson's designee.

B. The members who are appointed pursuant to subsection A, paragraph 4 of this section shall include at least one police chief, one county attorney and one county sheriff from a county with a population of one million five hundred thousand or more persons, one police chief, one county attorney and one county sheriff from a county with a population equal to or greater than four hundred fifty thousand persons but fewer than one million five hundred thousand persons and one police chief, one county attorney and one county sheriff from counties with a population of fewer than four hundred fifty thousand persons. The remaining members shall include one law enforcement leader, one former judge, one mayor, one member of a county board of supervisors, one public defender, two victim advocates and one chief probation officer.

C. Members who are appointed pursuant to subsection A, paragraph 4 of this section shall serve for terms of two years terminating on the convening of the first regular session of the legislature and may not use a designee for their attendance. Any appointive member who ceases to be a member of the body the member represents on the commission is deemed to have resigned.  Appointments to fill a vacancy shall be made in the same manner as the original appointment.

D. The commission shall meet and organize by electing from among its membership officers as are deemed necessary or advisable. The commission shall hold four meetings during each calendar year, and each member shall attend at least three meetings. Additional meetings may be held as determined by the chairperson. If a member fails to attend at least three meetings each calendar year, the member's position is deemed vacant by operation of law.  Appointments to fill a vacancy shall be made in the same manner as the original appointment. A majority of the members constitutes a quorum for the transaction of business.

E. Members of the commission are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
A.R.S. § 41-1664 — Arizona Code / Title 41 / Chapter 11 / Article 6 / Section 1664
41-1664 Tuition and fees; reimbursement
Status: in_force

41-1664. Tuition and fees; reimbursement

The director shall establish reasonable tuition and fees to cover the costs of all aspects of training provided to enrollees. An employing agency shall pay all of the tuition and fees of its employees or its recruit trainees attending the academy. The director shall deposit these monies in the training fund established by section 41-1662, subsection B, paragraph 4.
A.R.S. § 41-2820 — Arizona Code / Title 41 / Chapter 26 / Article 1 / Section 2820
41-2820 Discharge
Status: in_force

41-2820. Discharge

A. Each youth shall be discharged from the jurisdiction of the department on attaining eighteen years of age, except that if the juvenile court retained jurisdiction over the youth pursuant to section 8-202, subsection H, the youth shall be discharged from the jurisdiction of the department on or before attaining nineteen years of age.

B. If the department determines that the youth's treatment, rehabilitation and education pursuant to the individual treatment plan have been successfully completed and that there is a reasonable probability that the youth will observe the law and will not be a threat to the public's safety if at liberty, the youth may be granted a discharge. On the discharge of a youth pursuant to this subsection, the department shall promptly notify the committing court, the county attorney in the county in which the youth was committed and the victim or the victim's representative of the discharge.

C. Except as provided in subsection D of this section, a youth shall be discharged from the jurisdiction of the department of juvenile corrections if the youth is convicted of a felony offense.

D. A youth who is convicted of a felony offense and who committed the offense while residing in a secure care facility operated by the department of juvenile corrections either:

1. Shall be discharged from the department of juvenile corrections if the youth is sentenced to the state department of corrections.

2. May be discharged from the department of juvenile corrections if the youth is placed on adult probation and all the following apply:

(a) The youth has completed the minimum length of stay in secure care, if any, that was assigned by the committing juvenile court pursuant to section 8-341.

(b) The youth would have been eligible to be placed on conditional liberty pursuant to section 41-2818.

(c) The youth is subject to the jurisdiction of an adult probation department.

E. A youth may be discharged from the jurisdiction of the department if the youth is placed by civil commitment under the jurisdiction of another agency.

F. A youth shall be conditionally discharged from the jurisdiction of the department if all of the following requirements are satisfied:

1. The youth has completed the minimum length of stay in a secure care facility, if any, that was assigned by the committing juvenile court pursuant to section 8-341.

2. The United States immigration and customs enforcement enforces a detainer by taking custody of the youth for immigration proceedings.

3. The youth signs a condition that the youth's discharge will be vacated if the youth returns to the United States without legal authorization.

G. If the department receives actual notice that a youth who received a discharge pursuant to this section has returned to the United States without legal authorization prior to the youth's attaining eighteen years of age, the department shall:

1. Vacate the discharge.

2. Place the youth on conditional liberty status.

3. Issue a warrant for the apprehension of the youth.

4. Notify the United States immigration and customs enforcement.

5. Take the youth into custody.

H. Notwithstanding subsection A of this section, a youth who is at least eighteen years of age shall be discharged from the jurisdiction of the department if the jurisdiction over the youth has been retained pursuant to section 8-202, subsection H and the youth is charged with a criminal offense.
A.R.S. § 41-1074 — Arizona Code / Title 41 / Chapter 6 / Article 7.1 / Section 1074
41-1074 Compliance with administrative completeness review time frame
Status: in_force

41-1074. Compliance with administrative completeness review time frame

A. An agency shall issue a written notice of administrative completeness or deficiencies to an applicant for a license within the administrative completeness review time frame.

B. If an agency determines that an application for a license is not administratively complete, the agency shall include a comprehensive list of the specific deficiencies in the written notice provided pursuant to subsection A of this section. If the agency issues a written notice of deficiencies within the administrative completeness time frame, the administrative completeness review time frame and the overall time frame are suspended from the date the notice is issued until the date that the agency receives the missing information from the applicant.

C. If an agency does not issue a written notice of administrative completeness or deficiencies within the administrative completeness review time frame, the application is deemed administratively complete. If an agency issues a timely written notice of deficiencies, an application is not complete until the agency receives all requested information.

D. Except for an application submitted to the department of water resources pursuant to title 45, a determination by an agency that an application is not administratively complete is an appealable agency action, which if timely initiated, entitles the applicant to an adjudication on the merits of the administrative completeness of the application.
A.R.S. § 41-1505 — Arizona Code / Title 41 / Chapter 10 / Article 1 / Section 1505
41-1505 Rural business development advisory council
Status: in_force

41-1505. Rural business development advisory council

A. The rural business development advisory council is established.  The mission of the council is to advise the board of directors regarding rural business development strategies, including creating jobs, diversifying economies and attracting new investment.

B. The council consists of the following members:

1. One representative from each county, seven of whom are appointed by the governor and four each of whom are appointed by the president of the senate and the speaker of the house of representatives.

2. One representative of a rural development organization that represents statewide interests who is appointed by the governor.

3. One member representing all Indian tribes, nations, bands and communities in this state who is appointed by the governor.

4. The chief executive officer or the chief executive officer's designee.

C. Each year the governor shall appoint a member to serve as chairperson. The chairperson may be reappointed. Council members shall serve staggered three-year terms beginning and ending on the third Monday in January. The members of the council serve without compensation and are subject to title 38, chapter 3, article 8, relating to conflicts of interest.

D. The council shall:

1. Recommend to the board of directors policy development and funding allocations to complement regional and local economic development strategies that focus on and assist rural communities.

2. Leverage local, state and federal resources to advance business in rural areas of this state.

3. Develop selection criteria and an application format for rural communities or areas to use in applying for matching monies.

4. Make recommendations for coordinating personnel activities of the authority to ensure that communities receive appropriate technical assistance to implement economic development efforts.

5. Assist local rural economic development professionals, main street project managers and others involved in economic development.

6. Make recommendations regarding:

(a) State responsibilities under any necessary contracts with consultants, including the national main street center of the national trust for historic preservation.

(b) Coordination of the activities of other state agency personnel assisting with rural economic development programs.

7. Monitor the progress of main street communities and other aspects of the program.

8. Coordinate the expenditure of available federal monies to support rural business and economic development programs.

E. Each year the council shall develop a priority list of economic strength projects that meet the criteria established by section 28-7281 and submit the list to the chief executive officer.  The council shall confer with regional planning agencies and local authorities that would be affected by a specific economic strength project and shall submit their comments to the chief executive officer.  After review by the board, the chief executive officer shall transmit the priority list and comments to the state transportation board. The council shall set priorities for individual projects based on the following:

1. The cost of the project.

2. The number of jobs that the project will cause to be created, retained or increased.

3. The nature and amount of capital investment or other contribution to the economy of this state or a local authority as a result of the project.

4. The likelihood that benefits resulting from the project will exceed the costs of the project.

5. Whether the amount of contributions to the project provided from other than the economic strength project fund is at least ten percent of the cost of the project.

6. The amount and percentage of funding for the project that will come from a source other than the economic strength project fund as compared to other proposed projects.

7. The amount of expenditures required for local infrastructure relating to the project.

8. The magnitude of the project and its relative value to this state or a local authority as compared to other proposed projects.

9. The extent to which the project would contribute to achieving an equitable distribution of monies and projects among the various regions of this state and throughout this state as a whole.

10. The specific time schedule for completion of the project.
A.R.S. § 41-178 — Arizona Code / Title 41 / Chapter 1 / Article 4 / Section 178
41-178 Distribution of notary bond fees
Status: in_force

41-178. Distribution of notary bond fees

The state treasurer shall transmit, distribute or deposit all monies received pursuant to section 41-126, subsection A, paragraphs 11 and 12 as follows:

1. 1.31 percent for deposit in the resource center fund established by and for the purposes of section 41-2402, subsection G.

2. 8.87 percent for deposit in the domestic violence services fund established by section 36-3002.

3. 1.93 percent for deposit in the child abuse prevention fund established by section 8-550.01.

4. 7.62 percent for proportional deposit in each county's law library fund established by section 12-305, based on the number of notaries commissioned per county.

5. 0.35 percent for deposit in the alternative dispute resolution fund established by section 12-135.

6. 23.79 percent for deposit in the elected officials' retirement plan fund established by section 38-802, which shall be distributed to the fund pursuant to section 38-810.

7. 17.07 percent for deposit in the judicial collection enhancement fund established by section 12-113.

8. 0.26 percent for deposit in the confidential intermediary and fiduciary fund established by section 8-135.

9. 31.29 percent for deposit in the notary bond fund established by section 41-314.

10. 7.51 percent shall be distributed to the county where the notary is commissioned in the same manner as the seven dollars of the time payment fee prescribed by section 12-116, subsection B.
A.R.S. § 41-954 — Arizona Code / Title 41 / Chapter 5 / Article 4 / Section 954
41-954 Pension roll warrants
Status: in_force

41-954. Pension roll warrants

The department of administration shall keep a rangers' pension roll on which shall be entered the names of all pensioners certified by the governor, the date of allowance of each pension, and all payments made thereunder. The department of administration shall draw a warrant each month in favor of each such pensioner and mail it to his last known address.
A.R.S. § 41-176 — Arizona Code / Title 41 / Chapter 1 / Article 4 / Section 176
41-176 Navajo-Hopi land dispute county settlement fund; investment; distribution; exemption
Status: in_force

41-176. Navajo-Hopi land dispute county settlement fund; investment; distribution; exemption

A. A Navajo-Hopi land dispute county settlement fund is established consisting of the monies received by this state from the United States as a result of the Navajo-Hopi land dispute settlement act of 1996 (25 United States Code section 640(d)-NOTE).

B. The state treasurer shall administer the fund as a continuing appropriation 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.

C. In consultation with the counties, each year the state treasurer shall pay to each county a share of the fund monies earned from investment based on the percentage of total land in each county that is owned by the Hopi tribe that is removed from the county tax rolls as a result of the Navajo-Hopi land dispute settlement act of 1996 (25 United States Code section 640(d)-NOTE).

D. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 41-167 — Arizona Code / Title 41 / Chapter 1 / Article 3 / Section 167
41-167 Request for disclosure
Status: in_force

41-167. Request for disclosure

A. Except as otherwise provided by law, a state or local government entity requesting disclosure of a program participant's actual address pursuant to this section shall make the request in writing on the entity's letterhead and shall provide the secretary of state with the following information:

1. The name of the program participant for whom the state or local government entity seeks disclosure of the actual address.

2. A statement, with explanation, setting forth the reason that the state or local government entity needs the program participant's actual address and a statement that the state or local government entity cannot meet its statutory or administrative obligations without disclosure of the program participant's actual address.

3. A particular statement of facts showing that other methods to locate the program participant or the program participant's actual address have been tried and have failed or that the methods reasonably appear to be unlikely to succeed.

4. A statement that the state or local government entity has adopted a procedure setting forth the steps the state or local government entity will take to protect the confidentiality of the program participant's actual address.

5. Any other information as the secretary of state may reasonably request in order to identify the program participant in the records of the secretary of state.

B. The secretary of state shall provide the program participant with notice of a request for disclosure received pursuant to subsection A, and, to the extent possible, the participant shall be afforded an opportunity to be heard regarding the request.

C. Except as otherwise provided in subsection D, the secretary of state shall provide the program participant with written notification if a request for a disclosure is granted or denied pursuant to this section.

D. A notice or opportunity to be heard shall not be provided to the program participant if the request for disclosure is made by a state or local law enforcement agency conducting a criminal investigation involving alleged criminal conduct by the program participant or if providing notice to the program participant would jeopardize an ongoing criminal investigation or the safety of law enforcement personnel.

E. The secretary of state shall promptly conduct a review of all requests received pursuant to this section.  The director of the address confidentiality program, or the director's designee, shall ensure that state and local government entities have twenty-four hour access to the director or the director's designee for the purposes of a request for disclosure. In conducting a review, the secretary of state shall consider all information received pursuant to subsection A, paragraphs 1 and 2 and any other appropriate information that the secretary of state may require.

F. The secretary of state shall grant a state or local government entity's request for disclosure and disclose a program participant's actual address pursuant to this section if:

1. The state or local government entity has a bona fide statutory or administrative need for the actual address.

2. The actual address will only be used for the purpose stated in the request.

3. Other methods to locate the program participant or the program participant's actual address have been tried and have failed or the methods reasonably appear to be unlikely to succeed.

4. The state or local government entity has adopted a procedure for protecting the confidentiality of the actual address of the program participant.

G. On granting a request for disclosure pursuant to this section, the secretary of state shall provide the state or local government entity with the disclosure that contains:

1. The program participant's actual address.

2. A statement setting forth the permitted use of the actual address and the names or classes of persons permitted to have access to and use of the actual address.

3. A statement that the state or local government entity is required to limit access to and use of the actual address to the permitted use and persons set forth in the disclosure.

4. The date on which the permitted use expires, if expiration is appropriate, after which the state or local government entity may no longer maintain, use or have access to the actual address.

H. A state or local government entity whose request is granted by the secretary of state pursuant to this section shall:

1. Limit the use of the program participant's actual address to the purposes set forth in the disclosure.

2. Limit the access to the program participant's actual address to the persons or classes of persons set forth in the disclosure.

3. Cease to use and dispose of the program participant's actual address on the expiration of the permitted use, if applicable.

4. Except as otherwise set forth in the disclosure, maintain the confidentiality of a program participant's actual address.

I. On denial of a state or local government entity's request for disclosure, the secretary of state shall provide prompt written notification to the state or local government entity stating that the state or local government entity's request has been denied and setting forth the specific reasons for the denial.

J. A state or local government entity may file written exceptions with the secretary of state no more than fifteen days after written notification is provided pursuant to subsection I. The exceptions shall restate the information contained in the request for disclosure, state the grounds on which the state or local government entity asserts that the request for disclosure should be granted and specifically respond to the secretary of state's specific reasons for denial.

K. Unless the state or local government entity filing exceptions agrees otherwise, the secretary of state shall make a final determination regarding the exceptions within thirty days after the filing of exceptions pursuant to subsection J.  Before making a final determination regarding the exceptions, the secretary of state may request additional information from the state or local government entity or the program participant and conduct a hearing.  If the final determination of the secretary of state is that the denial of the state or local government entity's request for disclosure was properly denied, the secretary of state shall provide the state or local government entity with written notification of this final determination stating that the state or local government entity's request has again been denied and setting forth the specific reasons for the denial.  If the final determination of the secretary of state is that the denial of the state or local government entity's request for disclosure has been improperly denied, the secretary of state shall grant the state or local government entity's request for disclosure in accordance with this section. The final determination of the secretary of state shall constitute final entity action.

L. The record before any judicial review of a final entity action pursuant to subsection K shall consist of the state or local government entity's request for disclosure, the secretary of state's written response, the state or local government entity's exceptions, the hearing transcript, if any, and the secretary of state's final determination.

M. During any period of review, evaluation or appeal, the state or local government entity, to the extent possible, shall accept and use the program participant's substitute address.

N. Notwithstanding any other provision of this section, the secretary of state shall establish an expedited process for disclosure to be used by a court, clerk of the court, criminal justice official or agency or a probation department for situations where disclosure is related to a criminal proceeding or investigation involving a program participant or any other court proceeding.  An official or agency receiving information pursuant to this subsection shall certify to the secretary of state that the official or agency has a system in place to protect the confidentiality of a program participant's actual address from the public and from personnel who are not involved in the trial, hearing, proceeding or investigation.

O. This section does not prevent the secretary of state from granting a request for disclosure to a state or local government entity pursuant to this section on receipt of a program participant's written consent to do so.
A.R.S. § 41-3029.14 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3029.14
41-3029.14 State board of podiatry examiners; termination July 1, 2029
Status: repealed

41-3029.14. State board of podiatry examiners; termination July 1, 2029

A. The state board of podiatry examiners terminates on July 1, 2029.

B. Title 32, chapter 7 and this section are repealed on January 1, 2030.
A.R.S. § 41-1612 — Arizona Code / Title 41 / Chapter 11 / Article 2 / Section 1612
41-1612 Community treatment program for imprisoned women; rules; eligibility; requirements
Status: in_force

41-1612. Community treatment program for imprisoned women; rules; eligibility; requirements

A. The department shall establish a community treatment program for imprisoned women and their children.  Subject to the availability of monies, the department shall contract with an experienced nonprofit entity to establish and operate a community treatment center and may transfer a woman who has recently given birth to the community treatment center to live with her child or children. The community treatment program for imprisoned women shall provide trauma-informed substance abuse treatment, mental health treatment and a secure environment for the woman and her child or children.

B. The department shall adopt rules for the community treatment program for imprisoned women, including the eligibility requirements for entering the program and living in the community treatment center. The department shall take into account public safety and generally accepted correctional practices when developing and implementing rules regarding the community treatment program.

C. The community treatment program shall provide programs and support services to assist mothers and their children in developing the skills necessary to become functioning, self-sufficient families, including:

1. Substance abuse treatment.

2. Well-being and emotional supports.

3. Parenting skills.

4. Educational and employment skills.

5. Financial literacy.

6. Workforce skills training.

D. The nonprofit entity contracted pursuant to subsection A of this section shall provide pediatric care consistent with medical standards and, to the extent feasible, shall be guided by the need to provide the following:

1. A stable, caregiving, stimulating environment for the children as developed and supervised by professional guidance in the area of child development.

2. Programs that are geared to ensure the stability of the parent-child relationship during and after participating in the program and that are developed and supervised by appropriate professional guidance.  At a minimum, these programs shall be geared to accomplish the following:

(a) The mother's management of identified substance abuse.

(b) The mother's familiarity with good parenting skills.

(c) The mother's ability to function in the community, on community supervision or release, as a law-abiding citizen.

(d) Securing adequate housing arrangements after participating in the program.

(e) Securing adequate child care arrangements after participating in the program.

(f) Engaging in productive employment after participating in the program.

3. The least restrictive alternative to incarceration and restraint possible to achieve the objectives of correction and of this section consistent with public safety and justice.

E. In the first year after the department establishes the community treatment program, subject to the availability of monies, the department shall place up to twenty women in the program.  In the second year and each year thereafter, subject to the availability of monies, the department shall place up to fifty women in the program.

F. To be eligible for the program, an inmate must be a woman who gives birth to a child while imprisoned and who is scheduled to be released from imprisonment in five years or less.

G. A child who resides at the community treatment center is not subject to the same security restrictions as the prisoner except as necessary to ensure the child's safety, the security of the facility and compliance with program rules.
A.R.S. § 41-1506.01 — Arizona Code / Title 41 / Chapter 10 / Article 1 / Section 1506.01
41-1506.01 Arizona twenty-first century competitive initiative fund
Status: in_force

41-1506.01. Arizona twenty-first century competitive initiative fund

A. The Arizona twenty-first century competitive initiative fund is established to be administered by the authority.  The fund consists of monies appropriated by the legislature, earnings from the fund and gifts or grants donated or given to the fund. Monies in the fund are subject to legislative appropriation and shall be used as prescribed by this section.

B. On notice from the chief executive officer, the state treasurer may invest and divest monies in the fund as provided by section 35-313.  The state treasurer shall credit monies earned from investments to the fund.

C. The chief executive officer shall enter into a memorandum of understanding with a nonprofit corporation to use monies in the fund in order to:

1. Build and strengthen medical, scientific and engineering research programs and infrastructure in areas of greatest strategic value to this state's competitiveness in the global economy with an emphasis in bioscience.

2. Actively engage scientific research, academic and medical institutions that represent both the public and private sectors on a worldwide basis.

D. In order to enter into a memorandum of understanding pursuant to subsection C of this section, a nonprofit corporation shall:

1. Be a statewide nonprofit corporation that is incorporated in this state and that is qualified under section 501(c)(3) of the United States internal revenue code.

2. Agree on a quarterly basis to report on investments made and agree on an annual basis to report on measurable objectives and other funds leveraged with state investments.

3. Identify and document private or philanthropic investments that are equivalent to fifty million dollars or more in fiscal year 2005-2006.  For fiscal year 2006-2007, the nonprofit corporation shall provide funding to achieve the goals prescribed in subsection C of this section in an amount equal to or greater than the financial assistance provided by this state.

E. The chief executive officer shall submit the memorandum of understanding with the nonprofit corporation to the joint legislative budget committee for review before expending any appropriated state monies. The initial submission shall include provisions that address how the nonprofit corporation accounts for the application and investment of monies pursuant to subsection C of this section, the documentation of investments made in whole or in part through funding pursuant to this section and the preparation and filing of annual audits of the fund with the auditor general. The initial submission shall also include performance measures to evaluate the effectiveness of the program and recommendations pertaining to prospective repayment to the fund by scientific, research, academic and medical institutions of a portion of the income derived from technology or intellectual property created or developed in whole or in part through funding pursuant to this section. The joint legislative budget committee shall review expenditures from the fund at least quarterly, including any changes to the memorandum of understanding, but may choose less frequent reviews.
A.R.S. § 41-619.55 — Arizona Code / Title 41 / Chapter 3 / Article 12 / Section 619.55
41-619.55 Good cause exceptions; expedited review; hearing; revocation
Status: in_force

41-619.55. Good cause exceptions; expedited review; hearing; revocation

A. The board shall determine good cause exceptions. The board shall determine a good cause exception after an expedited review or after a good cause exception hearing. The board shall conduct an expedited review within twenty days after receiving an application for a good cause exception.

B. Within forty-five days after conducting an expedited review, the board shall hold a good cause exception hearing if the board determines that the applicant does not qualify for a good cause exception under an expedited review but is qualified to apply for a good cause exception and the applicant submits an application for a good cause exception within the time limits prescribed by rule.

C. When determining whether a person is eligible to receive a good cause exception under an expedited review, the board shall consider whether the person has shown to the board's satisfaction that the person is not awaiting trial on or has not been convicted of committing any of the offenses listed in section 41-1758.03, subsection B or section 41-1758.07, subsection B or that the person is successfully rehabilitated and is not a recidivist. Before granting a good cause exception under an expedited review, the board shall consider all of the criteria listed in subsection E of this section.

D. The following persons shall be present during good cause exception hearings:

1. The board or its hearing officer.

2. The person who requested the good cause exception hearing. The person may be accompanied by a representative at the hearing.

E. The board may grant a good cause exception at a hearing if the person shows to the board's satisfaction that the person is not awaiting trial on or has not been convicted of committing any of the offenses listed in section 41-1758.03, subsection B or section 41-1758.07, subsection B or that the person is successfully rehabilitated and is not a recidivist. Notwithstanding any other law, the board may require applicants to disclose evidence regarding substantiated allegations of child or vulnerable adult abuse or neglect for consideration in determining an applicant's successful rehabilitation. If the applicant fails to appear at the hearing without good cause, the board may deny a good cause exception. The board shall grant or deny a good cause exception within eighty days after the good cause exception hearing.  Before granting a good cause exception at a hearing, the board shall consider all of the following in accordance with board rule:

1. The extent of the person's criminal record.

2. The length of time that has elapsed since the offense was committed.

3. The nature of the offense.

4. Any applicable mitigating circumstances.

5. The degree to which the person participated in the offense.

6. The extent of the person's rehabilitation, including:

(a) Completion of probation, parole or community supervision.

(b) Whether the person paid restitution or other compensation for the offense.

(c) Evidence of positive action to change criminal behavior, such as completion of a drug treatment program or counseling.

(d) Personal references attesting to the person's rehabilitation.

F. If the board grants a good cause exception to a person, the board shall request in writing that the department of public safety issue a fingerprint clearance card to the person.

G. When determining if a person is eligible to receive a good cause exception, the board's staff, under the direction of the executive director of the board and only in conjunction with the person's application for a good cause exception, shall review reports it receives of the arrest, charging or conviction of the person for offenses listed in sections 41-1758.03 and 41-1758.07 who previously received or who was denied a fingerprint clearance card.

H. The board may request in writing that the department of public safety revoke a person's fingerprint clearance card pursuant to section 41-1758.04 if the person received a fingerprint clearance card and the person is subsequently convicted of an offense listed in section 41-1758.03, subsection B or C or section 41-1758.07, subsection B or C.

I. Pending the outcome of a good cause exception determination, the board or its hearing officer may issue interim approval in accordance with board rule to continue working to a good cause exception applicant.

J. The board is exempt from chapter 6, article 10 of this title.

K. A person who is required to obtain a fingerprint clearance card pursuant to section 41-619.52 is not eligible to receive a good cause exception pursuant to this section.
A.R.S. § 41-3028.12 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3028.12
41-3028.12 Office of ombudsman-citizens aide; termination July 1, 2028
Status: repealed

41-3028.12. Office of ombudsman-citizens aide; termination July 1, 2028

A. The office of ombudsman-citizens aide terminates on July 1, 2028.

B. Title 41, chapter 8, article 5 and this section are repealed on January 1, 2029.
A.R.S. § 41-1107 — Arizona Code / Title 41 / Chapter 7 / Article 1 / Section 1107
41-1107 Legislative intent clauses
Status: in_force

41-1107. Legislative intent clauses

All legislation that diminishes a previous grant of authority to a political subdivision of this state shall contain an intent clause that explains the reason for the diminution of authority.
A.R.S. § 41-796.01 — Arizona Code / Title 41 / Chapter 4 / Article 7 / Section 796.01
41-796.01 Adjusted work hours
Status: in_force

41-796.01. Adjusted work hours

The director by rule shall require adjusted work hours for at least eighty-five per cent of state employees with offices located in area A or area B as defined in section 49-541 each year beginning October 1 and ending April 1 in order to reduce the level of carbon monoxide concentrations caused by vehicular travel.
A.R.S. § 41-1992 — Arizona Code / Title 41 / Chapter 14 / Article 3 / Section 1992
41-1992 Hearing officers; powers and duties
Status: in_force

41-1992. Hearing officers; powers and duties

A. The director shall appoint hearing officers who shall conduct such hearings as the director may determine are necessary in accordance with law.

B. Within a reasonable time before the date set for the hearing any interested party to a hearing before the department may file an affidavit for change of hearing officer against any hearing officer of the department hearing such matters and the hearing officer shall immediately transfer the matter to another hearing officer of the department who shall preside in the matter. Reasonable time shall be established by regulation.  Not more than one change of hearing officer shall be granted to any one party.

C. In every contested case, the hearing officer shall issue to all interested parties a decision on the record that includes findings of fact and conclusions of law. The decision shall become the final decision of the department within fifteen days after it is mailed or electronically transmitted to an interested party unless a written petition for review has been filed or the case has been removed to the appeals board for review and decision.

D. The appeals board established pursuant to section 23-672 is authorized to review any hearing officer's decision on timely filing of a petition for review by an interested party. On review, the appeals board may affirm, reverse, modify or set aside a hearing officer's decision or remand the case to any hearing officer for additional evidence, rehearing or modification of decision.

E.  On notice to all interested parties, the appeals board may remove to itself any case pending before any hearing officer before a decision becomes final.

F. The department shall prescribe by regulation procedures for implementing this section.
A.R.S. § 41-3029.02 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3029.02
41-3029.02 State board on geographic and historic names; termination July 1, 2029
Status: repealed

41-3029.02. State board on geographic and historic names; termination July 1, 2029

A. The state board on geographic and historic names terminates on July 1, 2029.

B. Title 41, chapter 4.1, article 3 and this section are repealed on January 1, 2030.
A.R.S. § 41-860.08 — Arizona Code / Title 41 / Chapter 4.1 / Article 5 / Section 860.08
41-860.08 State planet
Status: in_force

41-860.08. State planet

Pluto is the official state planet.
A.R.S. § 41-1627 — Arizona Code / Title 41 / Chapter 11 / Article 3 / Section 1627
41-1627 Fixing prices
Status: in_force

41-1627. Fixing prices

The department shall fix and determine the prices at which all articles, services or products manufactured or produced shall be furnished or sold. The prices shall be uniform and nondiscriminating to all agencies of this state. The prices may be fixed and determined in any amounts as will permit the articles, services or products to compete on the free market.
A.R.S. § 41-1955 — Arizona Code / Title 41 / Chapter 14 / Article 1 / Section 1955
41-1955 Duty of department concerning employment stabilization, ex-offender rehabilitation, income maintenance and manpower development; research studies
Status: in_force

41-1955. Duty of department concerning employment stabilization, ex-offender rehabilitation, income maintenance and manpower development; research studies

The department, with the advice and aid of its advisory councils, shall:

1. Take appropriate steps to reduce and prevent unemployment and dependency, and to assist in alleviating the economic and social impact of unemployment and dependency on the person and his family.

2. Encourage and assist in the adoption of practical methods of manpower services, occupational training, vocational counseling and guidance, vocational rehabilitation and retraining, supportive services and other such services the director deems appropriate.

3. Research, recommend, advise and assist in the establishment of community or area facilities, public and private, or both, to provide an integration of direct services and programs for the development of the state's manpower and the reduction of dependency.

4. Promote the effective utilization of unemployed and under-utilized workers.

5. Aid in the rehabilitation of employable ex-offenders, in cooperation with the department of corrections. An ex-offender, by accepting the assistance provided for by this article, shall not be disqualified from receiving further assistance from any other state agency to which he is legally entitled.

6. Be the state registration agency for apprenticeship functions prescribed by the federal government.

7. Carry out and publish the results of research studies for the purpose of this chapter.
A.R.S. § 41-116 — Arizona Code / Title 41 / Chapter 1 / Article 1 / Section 116
41-116 Governor; official notification; display of flags; state agencies; state buildings; military service members; definition
Status: in_force

41-116. Governor; official notification; display of flags; state agencies; state buildings; military service members; definition

A. The governor, after receiving official notification of the death of a military service member of the United States armed forces who was killed in action and who claimed this state as the military service member's home of record or who was stationed in this state, shall notify all state agencies to fly all flags displayed on or in front of all state buildings at half-staff pursuant to section 38-451.

B. For the purposes of this section, "official notification" means a casualty notification from the military service member's branch of service.
A.R.S. § 41-2605 — Arizona Code / Title 41 / Chapter 23 / Article 8 / Section 2605
41-2605 Fees and charges
Status: in_force

41-2605. Fees and charges

The department shall make proper charges and assess proper fees for the acquisition, receipt, warehousing, rehabilitation, delivery, distribution or transfer of excess and surplus materials. Such fees and charges shall be fair and equitable and shall be based on services performed, including acquisition, receipt, warehousing, rehabilitation, delivery, distribution or transfer. A reasonable charge shall be made for maintenance and repair services.
A.R.S. § 41-2805 — Arizona Code / Title 41 / Chapter 26 / Article 1 / Section 2805
41-2805 Health care
Status: in_force

41-2805. Health care

A. The director may provide medical, dental and health services for committed youth.  The director may contract for professional services to assist the director in carrying out the responsibility on behalf of this state if all of the records in connection with the services are made and retained by authorized or qualified medical and professional personnel and not by any youth. The records when not in use shall be retained in a safe and secure place.

B. If a committed youth who is not residing with the youth's parent or legal guardian is in need of medical, surgical or dental care, and a spouse, adult next of kin or legal guardian is not immediately available or has not previously given authorization for such care, the director or the director's authorized representative, on the recommendation of the attending physician or dentist, may authorize the performance of such necessary medical, surgical or dental service.
A.R.S. § 41-3028.05 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3028.05
41-3028.05 Department of child safety; termination July 1, 2028
Status: repealed

41-3028.05. Department of child safety; termination July 1, 2028

A. The department of child safety terminates on July 1, 2028.

B. Title 8, chapter 4 and this section are repealed on January 1, 2029.
A.R.S. § 41-2632 — Arizona Code / Title 41 / Chapter 23 / Article 10 / Section 2632
41-2632 Cooperative purchasing authorized; definitions
Status: in_force

41-2632. Cooperative purchasing authorized; definitions

A. Any public procurement unit may either participate in, sponsor, conduct or administer a cooperative purchasing agreement to procure any materials, services, professional services, construction or construction services with one or more public procurement units or external procurement activities in accordance with an agreement entered into between the participants. The cooperative purchasing may include joint or multiparty contracts between public procurement units and open-ended public procurement unit contracts that are available to local public procurement units. A nonprofit corporation may enter into an agreement pursuant to this section if one or more of the parties involved is a public procurement unit. An agreement entered into as provided in this article is exempt from section 11-952, subsection D.  Parties under a cooperative purchasing agreement may:

1. Sponsor, conduct or administer a cooperative agreement to procure or dispose of any materials, services or construction.

2. Cooperatively use materials or services.

3. Commonly use or share warehousing facilities, capital equipment and other facilities.

4. Provide personnel, except that the requesting public procurement unit shall pay the public procurement unit providing the personnel the direct and indirect cost of providing the personnel, in accordance with the agreement.

5. On request, make available to other public procurement units informational, technical or other services or software that may assist in improving the efficiency or economy of procurement. The public procurement unit furnishing the informational, technical or other services or software has the right to request reimbursement for the reasonable and necessary costs of providing these services or software.

6. Pursuant to the rules for cooperative purchasing adopted by the director, purchase materials, services, professional services, construction or construction services under the terms of a contract between a vendor and a public procurement unit or an external procurement activity without complying with the requirements of sections 41-2533, 41-2534 and 41-2535.

B. The division of school facilities within the department of administration or school districts, or both, may enter into an agreement with a public procurement unit pursuant to this section for the purpose of procuring materials and services needed to correct deficiencies in school facilities.

C. The activities described in this section do not limit what parties may do under a cooperative purchasing agreement.

D. A nonprofit corporation operating as a public procurement unit under this section, on request of the auditor general, shall provide to the auditor general all documentation concerning any cooperative purchasing transaction the public procurement unit administers under this section.

E. A nonprofit corporation operating as a public procurement unit under this section shall comply with all procurement laws applicable to the public procurement unit participating in a cooperative purchasing transaction that the nonprofit corporation administers.

F. This section does not abrogate the responsibility of each public procurement unit to ensure compliance with procurement laws that apply to the particular public procurement, notwithstanding the fact that the cooperative purchase is administered by a nonprofit corporation operating under this section.

G. Any public procurement unit conducting or administering a cooperative purchasing agreement to procure construction services or professional services shall comply with the requirements of section 34-603 or 41-2578.

H. For the purposes of this section:

1. "Construction services" has the same meaning prescribed in section 41-2503.

2. "Professional services" has the same meaning prescribed in section 41-2578.