A.R.S. § 41-1081 — Arizona Code / Title 41 / Chapter 6 / Article 8 / Section 1081
41-1081 Standards for delegation
Status: in_force

41-1081. Standards for delegation

A. No agency may enter into or amend any delegation agreement unless the delegation agreement clearly sets forth all of the following:

1. Each function, power or duty being delegated by the agency, the term of the agreement and the procedures for terminating the agreement.

2. The standards of performance required to fulfill the agreement.

3. The types of fees that will be imposed on regulated parties and the legal authority for imposing any such fees.

4. The qualifications of the personnel of the political subdivision responsible for exercising the delegated functions, powers or duties.

5. Record keeping and reporting requirements.

6. Auditing requirements if the delegation agreement includes the transfer of funds from the delegating agency to the political subdivision.

7. A definition of the enforcement role if enforcement authority is being delegated.

8. Procedures for resolving conflicts between the parties to the delegation agreement.

9. Procedures for amending the delegation agreement.

10. The names and addresses of primary contact persons at both the delegating agency and the political subdivision.

B. An agency that seeks to delegate functions, powers or duties shall file with the secretary of state a summary of the proposed delegation agreement. The summary shall provide the name of a person to contact in the agency with questions or comments and shall state that a copy of the proposed delegation agreement may be obtained upon request from the agency. The secretary of state shall publish the summary in the next register.

C. For at least thirty days after publication of the notice of the proposed delegation agreement in the register, the agency shall provide persons the opportunity to submit in writing statements, arguments, data and views on the proposed delegation agreement and shall provide an opportunity for a public hearing if there is sufficient public interest.

D. A public hearing on the delegation agreement shall not be held earlier than thirty days after the notice of its location and time is published in the register. The agency shall determine a location and time for the public hearing that affords a reasonable opportunity for persons to participate. At that public hearing persons may present oral argument, data and views on the proposed delegation agreement.

E. After the conclusion of the public comment period and hearing, if any, the agency shall prepare a written summary, responding to the comments received, whether oral or written. The agency shall consider the comments received from the public in determining whether to enter into the proposed delegation agreement. The agency shall give written notice to those persons who submitted comments of the agency's decision on whether to enter into the proposed delegation agreement. The delegation agreement is effective thirty days after written notice of the agency's final decision is given unless an appeal is filed and pending before the council pursuant to subsection F.

F. A person who filed written comments with the delegating agency objecting to all or part of the proposed delegation agreement may appeal to the council the delegating agency's decision to enter into the delegation agreement within thirty days after the agency gives written notice to enter into the delegation agreement pursuant to subsection E. The council shall place the appeal of the delegation agreement on its next meeting agenda if at least three council members make such a request of the council chairman within two weeks of the filing of the appeal.

G. Delegation agreements that are appealed to and considered by the council shall become effective upon council approval of the delegation agreement. Delegation agreements that are appealed to the council and not considered by the council are effective either thirty days after written notice of the agency's final decision is given pursuant to subsection E, or two weeks after an appeal is filed if at least three council members do not request council consideration of the delegation agreement pursuant to subsection F, whichever date is later.

H. The council shall not approve the delegation agreement if it does not meet the provisions set forth in subsection A or if the agency has not provided adequate notice and an opportunity for comment to the public.
A.R.S. § 41-1421 — Arizona Code / Title 41 / Chapter 9 / Article 2 / Section 1421
41-1421 Voting rights; definitions
Status: in_force

41-1421. Voting rights; definitions

A. A citizen of the United States who is a resident of this state, who is qualified to become an elector as prescribed by the terms of section 16-101 and who is otherwise qualified by law to vote at any election by or in this state or any county, city, town, school district or other political subdivision of this state is entitled to and shall be allowed to vote at those elections without discrimination because of race, color, religion, sex, ancestry or national origin.

B. A qualified individual with a disability shall not be excluded from voting or be discriminated in voting under this section by reason of the disability.

C. This state or any county, city, town, school district or other political subdivision of this state that makes reasonable modifications to rules, policies or practices, removes architectural and communication barriers and provides auxiliary aids and services to persons with disabilities has complied with this article.

D. Compliance with title II of the Americans with disabilities act (42 United States Code sections 12131 through 12134) and its implementing regulations and the voter accessibility for the elderly and the handicapped act (42 United States Code sections 1977ee through 1977ee-6) is deemed in compliance with this article.

E. For the purposes of this section:

1. "Disability" means, with respect to an individual, any of the following:

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

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

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

2. "Qualified individual with a disability" means an individual with a disability who, with or without reasonable modifications to rules, policies or practices, the removal of architectural and communication barriers or the provision of auxiliary aids and services, meets the eligibility requirements prescribed in subsection A of this section.
A.R.S. § 41-2403 — Arizona Code / Title 41 / Chapter 21 / Article 1 / Section 2403
41-2403 Designated state administering agency for federal Edward Byrne memorial justice assistance grants; report
Status: in_force

41-2403. Designated state administering agency for federal Edward Byrne memorial justice assistance grants; report

A. The Arizona criminal justice commission is this state's designated state administering agency for the federal Edward Byrne Memorial justice assistance grant that is administered by the United States department of justice, bureau of justice assistance, office of justice programs.

B. The Arizona criminal justice commission shall submit a copy of the federal application for Edward Byrne memorial justice assistance grant monies to the joint legislative budget committee for review at least thirty days before the federal application for the grant is submitted.
A.R.S. § 41-735 — Arizona Code / Title 41 / Chapter 4 / Article 3 / Section 735
41-735 Internal audit; authority to examine records; divulgence of restricted information; violation; classification; public records exception
Status: in_force

41-735. Internal audit; authority to examine records; divulgence of restricted information; violation; classification; public records exception

A. Except as provided in subsection C, the department shall have access to, and authority to examine, any and all books, accounts, reports, vouchers, correspondence files and other records, bank accounts, money and other property of any state agency, whether created by the constitution or otherwise. An officer or employee of any such agency, having such records under his control, shall permit access to and examination thereof upon the request of the director or his authorized representative. Any officer or person who knowingly fails or refuses to permit such access and examination is guilty of a class 2 misdemeanor.

B. If the director or any member of his staff or other employee knowingly divulges or makes known in any manner not permitted by law any particulars of any record, document or information the disclosure of which is restricted by law he is guilty of a class 5 felony.

C. Books, accounts, reports or other records which are prescribed confidential with limited access by either state or federal law are not subject to examination under this section.

D. Draft working papers and other draft audit files maintained by the department are not public records and are exempt from title 39, chapter 1. The information contained in draft working papers and draft audit files prepared pursuant to a specific audit is not subject to disclosure, except to the attorney general or to any county attorney in connection with an investigation made or action taken in the course of their official duties. On completion and issuance of the final audit report, draft working papers and draft audit files become public records.
A.R.S. § 41-1251 — Arizona Code / Title 41 / Chapter 7 / Article 9 / Section 1251
41-1251 Joint committee on capital review; members; chairperson; meetings
Status: in_force

41-1251. Joint committee on capital review; members; chairperson; meetings

A. The joint committee on capital review is established consisting of fourteen members, including the chairpersons of the senate and house of representatives appropriations committees, the majority and minority leaders of the senate and the house of representatives, four members of the senate appropriations committee appointed by the president of the senate and four members of the house of representatives appropriations committee appointed by the speaker of the house of representatives.

B. The chairperson of the senate appropriations committee has a term as chairperson of the joint committee on capital review from the first day of the first regular session to the first day of the second regular session of each legislature, and the chairperson of the house of representatives appropriations committee has a term from the first day of the second regular session to the first day of the next legislature's first regular session.

C. The joint committee on capital review shall meet as often as the members deem necessary, and a majority of the members constitutes a quorum for the transaction of business.
A.R.S. § 41-1027 — Arizona Code / Title 41 / Chapter 6 / Article 3 / Section 1027
41-1027 Expedited rulemaking
Status: in_force

41-1027. Expedited rulemaking

A. An agency may conduct expedited rulemaking pursuant to this section if the rulemaking does not increase the cost of regulatory compliance, increase a fee or reduce procedural rights of persons regulated and does one or more of the following:

1. Amends or repeals rules made obsolete by repeal or supersession of an agency's statutory authority.

2. Amends or repeals rules for which the statute on which the rule is authorized has been declared unconstitutional by a court with jurisdiction, there is a final judgment and no statute has been enacted to replace the unconstitutional statute.

3. Corrects typographical errors, makes address or name changes or clarifies language of a rule without changing its effect.

4. Adopts or incorporates by reference without material change federal statutes or regulations pursuant to section 41-1028, statutes of this state or rules of other agencies of this state.

5. Reduces or consolidates steps, procedures or processes in the rules.

6. Amends or repeals rules that are outdated, redundant or otherwise no longer necessary for the operation of state government.

7. Implements, without material change, a course of action that is proposed in a five-year review report approved by the council pursuant to section 41-1056 within one hundred eighty days of the date that the agency files the proposed expedited rulemaking with the secretary of state.

8. Adopts, without material change, rules of another agency of this state that has been or imminently will be consolidated into the agency.

B. An agency shall deliver a notice of proposed expedited rulemaking to the governor, the president of the senate, the speaker of the house of representatives, the committee and the council. The notice shall contain the name, address and telephone number of the agency contact person and the exact wording of the proposed expedited rulemaking and indicate how the proposed expedited rulemaking achieves the purpose prescribed in subsection A of this section.

C. On delivery of the notice required in subsection B of this section, the agency shall file the notice of proposed expedited rulemaking with the secretary of state for publication in the next state administrative register. The agency and the council shall post the notice of proposed expedited rulemaking on their respective websites and shall allow any person to provide written comment for at least thirty days after posting the notice. The agency shall adequately respond in writing to the comments on the proposed expedited rulemaking.

D. An agency may not submit a final expedited rule to the council that is substantially different from the proposed rule contained in the notice of proposed expedited rulemaking.  However, an agency may terminate an expedited rulemaking proceeding and commence a new rulemaking proceeding for the purpose of making a substantially different rule.  An agency shall use the criteria prescribed in section 41-1025, subsection B for determining whether a final expedited rule is substantially different from the proposed expedited rule.

E. After adequately addressing, in writing, any written objections, an agency shall file a request for approval with the council.  The request shall contain the notice of final expedited rulemaking and the agency's responses to any written comments. The council may require a representative of an agency whose expedited rulemaking is under examination to attend a council meeting and answer questions.  The council may communicate to the agency its comments on the expedited rulemaking within the scope of subsection A of this section and require the agency to respond to its comments or testimony in writing.  A person may submit written comments to the council that are within the scope of subsection A of this section.

F. Before an agency files a notice of final expedited rulemaking with the secretary of state, the council shall approve any expedited rulemaking. The council shall not approve the rule unless:

1. The rule satisfies the criteria for expedited rulemaking pursuant to subsection A of this section.

2. The rule is clear, concise and understandable.

3. The rule is not illegal, inconsistent with legislative intent or beyond the agency's statutory authority.

4. The agency, in writing, adequately addressed the comments on the proposed rule and any supplementary proposal.

5. If applicable, the permitting requirements comply with section 41-1037.

6. The rule is not a substantial change, considered as a whole, from the proposed rule and any supplementary proposal.

7. The rule imposes the least burden and costs to persons regulated by the rule.

G. On receipt of council approval, the agency shall file a notice of final expedited rulemaking and the council's certificate of approval with the secretary of state.

H. The expedited rulemaking becomes effective immediately on the filing of the notice of final expedited rulemaking.
A.R.S. § 41-191.12 — Arizona Code / Title 41 / Chapter 1 / Article 5 / Section 191.12
41-191.12 Unreported in-kind political contributions task force fund; joint task force on unreported in-kind political contributions; exemption
Status: in_force

41-191.12. Unreported in-kind political contributions task force fund; joint task force on unreported in-kind political contributions; exemption

(L21, Ch. 405, sec. 12)

A. The unreported in-kind political contributions task force fund is established consisting of legislative appropriations. The attorney general shall administer the fund. Monies in the fund are continuously appropriated.  Monies in the fund may be used only to fund the joint task force on unreported in-kind political contributions established by this section.

B. The joint task force on unreported in-kind political contributions is established consisting of designees of the attorney general and the secretary of state. The joint task force shall investigate whether and to what extent the business or other practices of social media platforms and internet search engines result in unreported in-kind political contributions to candidates in this state in violation of title 16, chapter 6 and may take enforcement action as appropriate.  The joint task force may investigate the following actions as possible unlawful political contributions:

1. Permanent or temporary cancellation or other restrictions on a candidate's access to a social media platform.

2. Algorithmic bias against one or more candidates or a political party.

3. Algorithmic promotion of one or more candidates or a political party.

C. Monies in the unreported in-kind political contributions task force fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 41-1830.15 — Arizona Code / Title 41 / Chapter 12 / Article 10 / Section 1830.15
41-1830.15 Causes for dismissal or discipline; definitions
Status: in_force

41-1830.15. Causes for dismissal or discipline; definitions

A. The director of the department of public safety may dismiss or discipline any classified employee based on any of the following causes:

1. Fraud or misrepresentation in securing employment.

2. Incompetency.

3. Inefficiency.

4. Inexcusable neglect of duty or unauthorized absence.

5. Insubordination.

6. Dishonesty.

7. Physical or mental disability subject to the provisions of the Americans with disabilities act of 1990 (42 United States Code sections 12101 through 12213).

8. Unauthorized drinking on duty or drunkenness on duty.

9. Being impaired by alcohol or drugs, as provided in title 13, chapter 34, while on duty.

10. Commission of any crime classified as a felony.

11. Discourteous treatment of the public or other employees.

12. Commission of any crime involving moral turpitude.

13. Improper political activity as proscribed in section 41-752.

14. Misuse or unauthorized use of state property.

15. Addiction to the illegal use of a narcotic or dangerous drug.

16. Any other failure of good behavior or acts either during or outside of duty hours that are incompatible with or inimical to the interest of the department of public safety.

B. For the purposes of this section:

1. "Incompetency" means the lack of ability or judgment, legal qualifications or fitness to discharge required duties.

2. "Inefficiency" means the failure to produce as required for reasons other than incompetency.
A.R.S. § 41-1067 — Arizona Code / Title 41 / Chapter 6 / Article 6 / Section 1067
41-1067 Applicability of article
Status: in_force

41-1067. Applicability of article

This article only applies to contested cases of agencies that are exempt from article 10 of this chapter as provided in section 41-1092.02.
A.R.S. § 41-2538 — Arizona Code / Title 41 / Chapter 23 / Article 3 / Section 2538
41-2538 Competitive selection procedures for certain professional services
Status: in_force

41-2538. Competitive selection procedures for certain professional services

A. The services specified in section 41-2513 shall be procured in accordance with this section, except as authorized under section 41-2535, 41-2536 or 41-2537.

B. Persons engaged in providing the types of services specified in section 41-2513 may submit statements of qualifications and expressions of interest in providing such types of services. The director may specify a uniform format for statements of qualifications. Persons may amend these statements at any time by filing a new statement.

C. Adequate notice of the need for such services shall be given by the purchasing agency through a request for proposals. The request for proposals shall describe the services required and list the type of information and data required of each offeror.

D. The head of the purchasing agency or a designee of such officer may conduct discussions with any offerors who submit a proposal to determine the offeror's qualifications for further consideration. Discussions shall not disclose any information derived from proposals submitted by other offerors.

E. The award shall be made to the offeror determined in writing by the head of the purchasing agency or a designee of such officer to be best qualified based on the evaluation factors set forth in the request for proposals and after a written determination that the compensation is fair and reasonable. Selection may be made pursuant to the provisions of this section without requiring priced proposals, but if price is included in proposals submitted, no contract may be awarded solely on the basis of price.
A.R.S. § 41-1830.03 — Arizona Code / Title 41 / Chapter 12 / Article 9 / Section 1830.03
41-1830.03 Prosecuting attorneys' advisory council training fund
Status: in_force

41-1830.03. Prosecuting attorneys' advisory council training fund

A. There shall be a special fund designated as the Arizona prosecuting attorneys' advisory council training fund. All monies deposited in the fund are continuously appropriated to the attorney general, and shall be used exclusively for costs of training, technical assistance for prosecuting attorneys of the state and any of its political subdivisions, and expenses for the operation of the council.

B. All amounts to be paid from the fund shall be on warrants drawn by the department of administration upon presentation of a proper claim or voucher approved by the council and signed by the attorney general or his designee.

C. The administration of the provisions of this article shall be funded exclusively from the Arizona prosecuting attorneys' advisory council training fund. No monies from the state general fund shall be deposited in the Arizona prosecuting attorneys' advisory council training fund.
A.R.S. § 41-1831 — Arizona Code / Title 41 / Chapter 12.1 / Article 1 / Section 1831
41-1831 Definitions
Status: in_force

41-1831. Definitions

In this chapter, unless the context otherwise requires:

1. "Ambulance" means any publicly or privately owned surface, water or air vehicle, including a helicopter, that is specially designed and constructed or modified and equipped to be used, maintained or operated for transportation of individuals who are sick, injured, wounded or otherwise incapacitated or helpless. Ambulance does not include surface vehicles owned and operated by a private sole proprietor, partnership, private corporation or municipal corporation for the emergency transportation or in transit care of its employees.

2. "Ambulance pilot" means an individual who is responsible for the operation of an air ambulance and who is trained and certified as provided in this chapter.

3. "Ambulance service" means a person who owns and operates one or more ambulances.

4. "Emergency medical care technician" means an individual who has been certified by the department of health services as an emergency medical technician, an advanced emergency medical technician, an emergency medical technician I-99 or a paramedic.

5. "Department" means the department of public safety.

6. "Director" means the director of the department of public safety.

7. "Emergency medical patient" means a person who is suffering from a condition that requires immediate medical care or hospitalization, or both, in order to preserve the person's health, life or limb.

8. "Emergency medical services communication system" means the statewide system implemented, coordinated and administered by the department of public safety, which may have the capability of providing for the intercommunication of any or all law enforcement agencies and personnel, ambulances, ambulance services and dispatchers, emergency receiving facilities, other health care institutions, medical practitioners, motor vehicle repair, fire service vehicles and tow trucks, and any other agencies and persons who may be serving on a volunteer basis.

9. "Emergency medical situation" means a condition of emergency in which immediate medical care or hospitalization, or both, is required by a person or persons for the preservation of health, life or limb.

10. "Emergency receiving facility" means a licensed health care institution that offers emergency medical services, that is staffed twenty-four hours a day and that has a physician who is licensed pursuant to title 32, chapter 13 or 17, on call.
A.R.S. § 41-2411 — Arizona Code / Title 41 / Chapter 21 / Article 1 / Section 2411
41-2411 Arizona automated fingerprint identification system; development and implementation
Status: in_force

41-2411. Arizona automated fingerprint identification system; development and implementation

A. The Arizona automated fingerprint identification system is established in the department of public safety for the purpose of retaining fingerprint files to be used by the department and other authorized criminal justice automated fingerprint identification sites to make fingerprint identifications for criminal justice and noncriminal justice purposes specifically permitted pursuant to law.

B. The Arizona automated fingerprint identification system is an automated system consisting of:

1. A central fingerprint repository operated and maintained by the department of public safety.

2. Two remote full access system terminals which are operated and maintained by a law enforcement agency designated by the Arizona automated fingerprint identification system advisory board.

C. The department of public safety shall procure the necessary equipment and services to establish the system.
A.R.S. § 41-1371 — Arizona Code / Title 41 / Chapter 8 / Article 5 / Section 1371
41-1371 Definitions
Status: in_force

41-1371. Definitions

In this article, unless the context otherwise requires:

1. "Administrative act" means an action, decision, omission, recommendation, practice, policy or procedure of an agency but does not include the preparation or presentation of legislation or the substantive content of a judicial order, decision or opinion.

2. "Agency" means a department, office, corporation, authority, organization, commission, council or board of the executive branch of state government, a department, office, institution, authority, organization, commission, committee, council or board of state government that is independent of the executive or legislative branches of state government or an officer, employee or member of an agency acting or purporting to act in the exercise of official duties. Agency does not mean the judicial department of state government, the board of regents, universities or community college districts.

3. "Record" means any document, photograph, film, exhibit or other item developed or received under law or in connection with the transaction of official business except an attorney's work product, communications that are protected under the attorney-client privilege and confidential information as defined in section 41-1378, subsection D, paragraph 4.
A.R.S. § 41-1623 — Arizona Code / Title 41 / Chapter 11 / Article 3 / Section 1623
41-1623 Powers and duties of director
Status: in_force

41-1623. Powers and duties of director

A. Subject to legislative appropriation, the director shall establish, regulate, operate and terminate, if appropriate, Arizona correctional industries pursuant to this article.

B. The department may enter into contracts and agreements with any person or persons for the acquisition and purchase of raw materials required for manufacture of Arizona correctional industries products.

C. The director or his designee shall, when necessary, conduct market research, establish marketing procedures and develop product specifications for sale of Arizona correctional industries products to public agencies, the public and private industry.

D. The director or his designee, consistent with sound business judgment, may construct, reconstruct or lease one or more buildings or portions of buildings on the grounds of any state correctional institution or location under department control, together with the real estate needed for reasonable access to such buildings, any lease to have a term of not to exceed twenty years, to a private corporation for the purpose of establishing and operating a factory for the manufacture and processing of products or any other commercial enterprise deemed by the director to provide employment opportunities for inmates in meaningful jobs for wages. Each lease negotiated and concluded pursuant to this section shall include and shall be valid only as long as the lessee adheres to the following provisions:

1. All persons employed in the factory or other commercial enterprise operated in or on the leased property, except the lessee's supervisory employees and necessary training personnel, shall be inmates of the institution where the leased property is located who are approved for such employment by the director or his designee.

2. The factory or other commercial enterprise operated in or on the leased property shall observe at all times such practices and procedures regarding security as the lease may specify or as the director may temporarily stipulate during periods of emergency.

3. The factory or other commercial enterprise operated on the leased property shall be deemed a private enterprise and subject to all the laws and lawfully adopted rules of this state governing the operation of similar business enterprises elsewhere.

E. The director or his designees may dispose of property that is no longer needed or necessary for use by Arizona correctional industries. The disposition of property is exempt from chapter 23, article 8 of this title. Any monies derived from the disposition of property shall be deposited in the Arizona correctional industries revolving fund.

F. The director may employ persons necessary to carry out the provisions of this article.

G. The director shall adopt rules for the administration and management of personnel policies for prisoner workers including wages, working hours and conditions of employment.

H. The Arizona correctional industries program shall operate on the state fiscal year pursuant to section 35-102, and the director shall designate a certified public accountant to conduct an annual audit of its financial records.

I. The director shall prepare an annual report and distribute it to every member of the legislature which, in addition to making an annual financial report in accordance with section 35-103, reports on the management of the program, its goals and objectives and the record of management in achieving those objectives.

J. The director may accept and expend private grants of monies to effectuate the purposes of this article. Such monies shall be deposited and administered in accordance with section 41-1624.
A.R.S. § 41-1093.04 — Arizona Code / Title 41 / Chapter 6 / Article 11 / Section 1093.04
41-1093.04 Occupational license, permit or certificate or other state recognition rights; petition for review of criminal record; annual report
Status: in_force

41-1093.04. Occupational license, permit or certificate or other state recognition rights; petition for review of criminal record; annual report

A. A person with a criminal record may petition an agency, at any time, including before obtaining any required education or experience, taking any examination or paying any fee, for a determination of whether the person's criminal record disqualifies the person from obtaining a license, permit, certificate or other state recognition.

B. In the petition, the person shall include:

1. The person's complete criminal history record or authorization for the agency to obtain the person's criminal history record.

2. Any additional information about the person's current circumstances, including the time since the offense was committed and the sentence was completed, the payment of any court-ordered restitution, evidence of rehabilitation, testimonials, employment history and employment aspirations.

C. The agency shall determine whether the person's criminal record disqualifies the person from obtaining a license, permit, certificate or other state recognition.

D. Notwithstanding any other law or rule, when making a determination regarding the person's petition, the agency may determine that the person's criminal record disqualifies the person from obtaining a license, permit, certificate or other state recognition only if the agency concludes that this state has an important interest in protecting public safety that is superior to the person's right and either of the following applies:

1. The person was convicted of any of the following, the conviction occurred within three years before the date of the petition, excluding any period of time that the person was imprisoned in the custody of the state department of corrections, and the conviction has not been set aside or sealed:

(a) A felony offense.

(b) A violent crime as defined in section 13-901.03.

(c) An offense included in title 13, chapter 20, 21 or 22 or section 13-2310 or 13-2311 if the license, permit, certificate or other state recognition is for an occupation in which the applicant would owe a fiduciary duty to a client.

2. The person was, at any time, convicted of either of the following:

(a) An offense that a law specifically requires the agency to consider when issuing a license, permit, certificate or other state recognition and the conviction has not been set aside or sealed.

(b) A dangerous offense as defined in section 13-105, a serious offense as defined in section 13-706, a dangerous crime against children as defined in section 13-705 or an offense included in title 13, chapter 14 or 35.1, and the conviction has not been set aside or sealed.

E. To conclude that the state has an important interest in protecting public safety that is superior to the person's right, as required by subsection D of this section, the agency must determine by clear and convincing evidence at the time of the petition that both of the following apply:

1. The specific offense that the person was convicted of:

(a) For an occupational or professional licensing board or a health profession regulatory board, substantially relates to the occupation or approval would pose a reasonable threat to public health and safety as prescribed by section 41-1093.08.

(b) For all other agencies, substantially relates to this state's interest and specifically and directly relates to the duties and responsibilities of the occupation, except offenses involving moral turpitude.

2. The person, based on the nature of the specific offense that the person was convicted of and the person's current circumstances, including the passage of time since the person committed the offense and any evidence of rehabilitation or treatment, is more likely to reoffend by virtue of having the license, permit, certificate or other state recognition than if the person did not have the license, permit, certificate or other state recognition.

F. In determining if a person's criminal record disqualifies the person from obtaining a license, permit, certificate or other state recognition pursuant to subsection D of this section, the agency may not consider negatively any of the following:

1. Nonconviction information, including information related to a deferred adjudication, participation in a diversion program or an arrest that was not followed by a conviction.

2. A conviction that has been sealed, dismissed, expunged or pardoned.

3. A juvenile adjudication.

4. A nonviolent misdemeanor.

5. Whether the person would qualify for a fingerprint clearance card issued pursuant to chapter 12, article 3.1 of this title without a good cause exception.

G. The agency shall issue a determination on the petition within ninety days after the agency receives the petition. The determination on the petition must be in writing and include all of the following:

1. Findings of fact and conclusions of law.

2. The grounds and reasons for the determination if the person's criminal history disqualifies the person.

H. If the agency determines that the state's interest to protect public safety is superior to the person's right, the agency shall advise the person of the actions that the person may take to remedy the disqualification, including:

1. An appeal of the determination as provided in title 12, chapter 7, article 6.

2. The earliest date the person may submit a new petition to the agency, which must be not later than two years after the final determination of the initial petition.

I. Subject to section 41-1093.08, if applicable, the agency shall rescind the determination any time after the determination is made but before issuing a license, permit, certificate or other state recognition if the person is convicted of an additional offense that is included in subsection D of this section.

J. Subsection D and subsection F, paragraphs 1, 2 and 4 of this section do not apply to any of the following:

1. Any law enforcement agency or the Arizona peace officer standards and training board.

2. Any license or registration certificate that is issued pursuant to title 32, chapter 24 or 26.

3. Any certification, license or permit that is issued pursuant to title 15.

4. Statutory requirements for a fingerprint clearance card issued pursuant to chapter 12, article 3.1 of this title.

5. Any criteria for license, permit or certificate eligibility that is established by an interstate compact.

K. Each agency shall submit a report on or before July 1 of each year to the governor and the legislature, provide a copy of this report to the secretary of state and post the report on the agency's website. The report shall include the following information for the previous calendar year:

1. The number of applicants who petitioned the agency for a determination.

2. The number of petitions that were granted and the types of offenses at issue.

3. The number of petitions that were denied and the types of offenses at issue.

4. The number of determinations that were rescinded.

L. An agency shall adopt forms for petitions as prescribed in subsections A and B of this section.
A.R.S. § 41-1376 — Arizona Code / Title 41 / Chapter 8 / Article 5 / Section 1376
41-1376 Powers and duties
Status: in_force

41-1376. Powers and duties

A. The ombudsman-citizens aide shall:

1. Investigate the administrative acts of agencies pursuant to section 41-1377, subsections A and B except as provided in section 41-1377, subsections C, D and E. The ombudsman-citizens aide shall investigate the administrative acts of an agency without regard to the finality of the administrative act.

2. Annually before January 1 prepare a written report to the governor, the legislature and the public that contains a summary of the ombudsman-citizens aide's activities during the previous fiscal year. The ombudsman-citizens aide shall present this report annually before the legislative council and distribute copies of the report to the director of the governor's office of strategic planning and budgeting, the chairperson of the joint legislative budget committee and the cochairpersons of the administrative rules oversight committee. This report shall include:

(a) The ombudsman-citizens aide's mission statement.

(b) The number of matters that were within each of the categories specified in section 41-1379, subsection B.

(c) Legislative issues affecting the ombudsman-citizens aide.

(d) Selected case studies that illustrate the ombudsman-citizens aide's work and reasons for complaints.

(e) Ombudsman-citizens aide's contact statistics.

(f) A description of the public awareness and outreach activities conducted by the ombudsman-citizens aide.

(g) Ombudsman-citizens aide's staff.

3. Before conducting the first investigation, adopt rules that ensure that confidential information that is gathered will not be disclosed.

4. Appoint a deputy ombudsman and prescribe the duties of employees or, subject to appropriation, contract for the services of independent contractors necessary to administer the duties of the office of ombudsman-citizens aide. All staff serves at the pleasure of the ombudsman-citizens aide, and they are exempt from chapter 4, articles 5 and 6 of this title. All staff are subject to the conflict of interest provisions of title 38, chapter 3, article 8.

5. Before conducting the first investigation, adopt rules that establish procedures for receiving and processing complaints, including guidelines to ensure each complainant has exhausted all reasonable alternatives within the agency, conducting investigations, incorporating agency responses into recommendations and reporting findings.

6. Notify the chief executive or administrative officer of the agency in writing of the intention to investigate unless notification would unduly hinder the investigation or make the investigation ineffectual.

7. Appoint an assistant to help the ombudsman-citizens aide investigate complaints relating to the department of child safety. The assistant shall have expertise in the department of child safety procedures and laws. Notwithstanding any law to the contrary, the ombudsman-citizens aide and the assistant have access to the department of child safety records and direct remote access to any automated case management system used by the department of child safety.

8. On or before December 31 of each year, submit a report to the president of the senate, the speaker of the house of representatives, the minority leader of the senate, the minority leader of the house of representatives, the chairperson of the senate judiciary committee, or its successor committee, and the chairperson of the house of representatives judiciary committee, or its successor committee, that includes the number of complaints made regarding the state department of corrections, the topic of each complaint and how each complaint was resolved.

B. After the conclusion of an investigation and notice to the head of the agency pursuant to section 41-1379, the ombudsman-citizens aide may present the ombudsman-citizens aide's opinion and recommendations to the governor, the legislature, the office of the appropriate prosecutor or the public, or any combination of these persons. The ombudsman-citizens aide shall include in the opinion the reply of the agency, including those issues that were resolved as a result of the ombudsman-citizens aide's preliminary opinion or recommendation.
A.R.S. § 41-3012.16 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3012.16
41-3012.16 Arizona state lottery commission; termination July 1, 2012
Status: repealed

41-3012.16. Arizona state lottery commission; termination July 1, 2012

(Caution:  1998 Prop. 105 applies)

A. The Arizona state lottery commission terminates on July 1, 2012.

B. Title 5, chapter 5 is repealed on January 1, 2013.
A.R.S. § 41-3016.20 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3016.20
41-3016.20 Election officer education, training and certification advisory committee; termination July 1, 2016
Status: repealed

41-3016.20. Election officer education, training and certification advisory committee; termination July 1, 2016

A. The election officer education, training and certification advisory committee terminates on July 1, 2016.

B. Section 16-407.01 is repealed on January 1, 2017.
A.R.S. § 41-1545.02 — Arizona Code / Title 41 / Chapter 10 / Article 5 / Section 1545.02
41-1545.02 Grants from the Arizona competes fund
Status: reserved

41-1545.02. Grants from the Arizona competes fund

A. The chief executive officer may negotiate the award of monies from the Arizona competes fund.  The monies shall be paid, by grant, for the purposes of:

1. Attracting, expanding or retaining Arizona basic enterprises that meet the requirements prescribed by subsection B of this section, that achieve the performance and qualification targets developed under subsection C of this section and that enter into an agreement with the chief executive officer as provided by subsection C of this section.  In awarding monies pursuant to this paragraph, the chief executive officer shall give preference to job training and infrastructure activities that create private sector jobs.

2. Supporting and advancing programs and projects for microenterprises, rural businesses, small businesses and business development that enhance economic development.

B. To be eligible to receive a deal closing grant under subsection A, paragraph 1 of this section, an applicant must:

1. Be in good standing under the laws of the state in which the applicant was formed or organized, as evidenced by a certificate issued by the secretary of state or other state official having custody of the records pertaining to entities or other organizations formed under the laws of that state.

2. Owe no delinquent taxes to a taxing jurisdiction in this state.

3. Qualify as an Arizona basic industry.

4. Pay compensation that exceeds, on average, one hundred percent of the median wage by county as determined annually by the authority.

5. Include health insurance for employees for which the applicant pays at least sixty-five percent of the premium or membership cost.

6. Demonstrate by analysis by an independent third party that estimated income, property and transaction privilege tax and government fee revenues in this state will exceed state incentives.

C. Before awarding a grant from the fund under this section, the chief executive officer must enter into a written agreement with the applicant specifying that:

1. A reasonable percentage of the total amount of the grant may be withheld until the recipient meets specified performance targets.

2. If the chief executive officer finds that the grant recipient has not met each of the performance targets specified in the agreement as of a date stated in the agreement:

(a) The recipient must repay the grant and any related interest to this state at an agreed rate and on agreed terms.  The repayment may be prorated to reflect partial attainment of performance targets.

(b) The chief executive officer shall not disburse any remaining grant money to the recipient under the agreement.

(c) The chief executive officer may assess specified penalties against the recipient for noncompliance.

3. If any part of the grant is used to build a capital improvement, this state may:

(a) Retain a lien or other security interest in the improvement in proportion to the percentage of the grant amount used to pay for the improvement.

(b) Require the recipient, if the improvement is sold, to:

(i) Repay to this state the grant monies used to pay for the improvement, with interest at a rate and according to terms stated in the agreement.

(ii) Share with this state a proportionate amount of any profit realized from the sale.

D. The chief executive officer shall report to the president of the senate and speaker of the house of representatives on a quarterly basis regarding any amendments to any written agreement executed pursuant to subsection C of this section. The chief executive officer shall track the status and completion of any agreement provisions and amendment provisions and retain supporting documentation for inspection on request.

E. The chief executive officer must determine:

1. The performance targets and dates required to be included in each grant agreement.

2. If the grant agreement includes withholding a percentage of the grant until the recipient meets the performance targets, the percentage of the grant money to be withheld.

F. Before awarding a grant from the fund under this section, the authority must prepare a written statement, signed by the chief executive officer, that, specifically and in detail, assesses the direct economic impact of the grant.  The statement must:

1. Include a finding that the enterprise is clearly in the best interests of this state.

2. Set forth the evidence and reasons supporting this finding, including:

(a) The estimated annual tax revenue accruing to this state and its political subdivisions as a direct or indirect result of the enterprise.

(b) The public benefit of the enterprise from the employment base, including the estimated number and the median wage of jobs to be created in this state by the potential recipient each year.

(c) The extent to which the economic development from the enterprise will raise the standard of living of affected persons, increases free enterprise growth and increases the quality of life in this state.

(d) The ratio of economic benefit from wages paid and capital investment made by the enterprise to the amount of the grant.

(e) The contribution from the enterprise to the growth of existing businesses and creation of new businesses and business clusters.

(f) Whether the enterprise will provide its employees with benefits such as retirement, child care, educational reimbursements and training.

(g) The percentage of the products or services the enterprise will export outside of this state over the first five years of operation.

(h) Any other information the chief executive officer considers to be necessary for inclusion in the statement.

G. Beginning from and after June 30, 2017, on the last day of each fiscal year, thirty percent of the monies appropriated to the fund in the fiscal year, minus the amount of grants awarded in the fiscal year for the purposes prescribed in subsection A, paragraph 2 of this section, not to exceed the unencumbered monies in the fund on the last day of the fiscal year, are reserved for grants for the purposes prescribed in subsection A, paragraph 2 of this section. Of the amount reserved for grants under this subsection, thirty percent or an amount not to exceed $1,000,000 shall be used for grants to support and advance microenterprise development in this state.

H. In addition to the monies reserved pursuant to subsection G of this section, at least twenty-five percent of the monies appropriated to the fund each year shall be reserved to support and advance activities and projects for businesses located in a county with a population of less than two million persons or on tribal lands, or both.  Monies not awarded pursuant to this subsection within nine months after the beginning of the fiscal year may be awarded to activities and projects for businesses that are located in any county. In awarding monies reserved pursuant to this subsection, the chief executive officer shall give priority to a county that is located along the Arizona-Mexico border or a county in which a military facility is located or to projects located on tribal lands.
A.R.S. § 41-1713 — Arizona Code / Title 41 / Chapter 12 / Article 2 / Section 1713
41-1713 Powers and duties of director; authentication of records
Status: in_force

41-1713. Powers and duties of director; authentication of records

A. The director of the department shall:

1. Be the administrative head of the department.

2. Subject to the merit system rules, appoint, suspend, demote, promote or dismiss all other classified employees of the department on the recommendation of their respective division superintendent. The director shall determine and furnish the law enforcement merit system council established by section 41-1830.11 with a table of organization. The superintendent of each division shall serve at the concurrent pleasure of the director and the governor.

3. Except as provided in sections 12-119, 41-1304 and 41-1304.05, employ officers and other personnel as the director deems necessary for the protection and security of the state buildings and grounds in the governmental mall described in section 41-1362, state office buildings in Tucson and persons who are on any of those properties. Department officers may make arrests and issue citations for crimes or traffic offenses and for any violation of a rule adopted under section 41-796. For the purposes of this paragraph, security does not mean security services related to building operation and maintenance functions provided by the department of administration.

4. Make rules necessary for the operation of the department.

5. Annually submit a report of the work of the department to the governor and the legislature, or more often if requested by the governor or the legislature.

6. Appoint a deputy director with the approval of the governor.

7. Adopt an official seal that contains the words "department of public safety" encircling the seal of this state as part of its design.

8. Investigate, on receipt, credible evidence that a licensee or registrant has been arrested for, charged with or convicted of an offense that would preclude the person from holding a license or registration certificate issued pursuant to title 32, chapter 26.

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

10. Adopt and administer the breath, blood or other bodily substances test rules pursuant to title 28, chapter 4.

11. Develop procedures to exchange information with the department of transportation for any purpose related to sections 28-1324, 28-1325, 28-1326, 28-1462 and 28-3318.

12. Collaborate with the state forester in presentations to legislative committees on issues associated with wildfire prevention, suppression and emergency management as provided by section 37-1302, subsection B.

B. The director may:

1. Issue commissions to officers of the department.

2. Request the cooperation of the utilities, communication media and public and private agencies and any sheriff or other peace officer in any county or municipality, within the limits of their respective jurisdictions when necessary, to aid and assist in the performance of any duty imposed by this chapter.

3. Cooperate with any public or private agency or person to receive or give necessary assistance and may contract for such assistance subject to legislative appropriation controls.

4. Utilize the advice of the board and cooperate with sheriffs, local police and peace officers within the state for the prevention and discovery of crimes, the apprehension of criminals and the promotion of public safety.

5. Acquire in the name of the state, either in fee or lesser estate or interest, all real or any personal property that the director considers necessary for the department's use, by purchase, donation, dedication, exchange or other lawful means. All acquisitions of personal property pursuant to this paragraph shall be made as prescribed in chapter 23 of this title unless otherwise provided by law.

6. Dispose of any property, real or personal, or any right, title or interest in the property, when the director determines that the property is no longer needed or necessary for the department's use. Disposition of personal property shall be as prescribed in chapter 23 of this title. The real property shall be sold by public auction or competitive bidding after notice published in a daily newspaper of general circulation, not less than three times, two weeks before the sale and subject to the approval of the director of the department of administration. When real property is sold, it shall not be sold for less than the appraised value as established by a competent real estate appraiser. Any monies derived from the disposal of real or personal property shall be deposited, pursuant to sections 35-146 and 35-147, in the Arizona highway patrol fund as authorized by section 41-1752, subsection B, paragraph 6.

7. Sell, lend or lease personal property directly to any state, county or local law enforcement agency.  Personal property may be sold or leased at a predetermined price without competitive bidding. Any state, county or local law enforcement agency receiving personal property may not resell or lease the property to any person or organization except for educational purposes.

8. Dispose of surplus property by transferring the property to the department of administration for disposition to another state budget unit or political subdivision if the state budget unit or political subdivision is not a law enforcement agency.

9. Lease or rent personal property directly to any state law enforcement officer for the purpose of traffic safety, traffic control or other law enforcement related activity.

10. Sell for one dollar, without public bidding, the department issued handgun or shotgun to a department officer on duty related retirement pursuant to title 38, chapter 5, article 4.  Any monies derived from the sale of the handgun or shotgun to the retiring department officer shall be deposited, pursuant to sections 35-146 and 35-147, in the Arizona highway patrol fund as authorized by section 41-1752, subsection B, paragraph 6.

11. Conduct state criminal history records checks for the purpose of updating and verifying the status of current licensees or registrants who have a license or certificate issued pursuant to title 32, chapter 26.  The director shall investigate, on receipt, credible evidence that a licensee or registrant has been arrested for, charged with or convicted of an offense that would preclude the person from holding a registration certificate issued pursuant to title 32, chapter 26.

12. Grant a maximum of two thousand eighty hours of industrial injury leave to any sworn department employee who is injured in the course of the employee's duty, any civilian department employee who is injured in the course of performing or assisting in law enforcement or hazardous duties or any civilian department employee who was injured as a sworn department employee rehired after August 9, 2001 and would have been eligible pursuant to this paragraph and whose work-related injury prevents the employee from performing the normal duties of that employee's classification. This industrial injury leave is in addition to any vacation or sick leave earned or granted to the employee and does not affect the employee's eligibility for any other benefits, including workers' compensation. The employee is not eligible for payment pursuant to section 38-615 of industrial injury leave that is granted pursuant to this paragraph.  Subject to approval by the law enforcement merit system council, the director shall adopt rules and procedures regarding industrial injury leave hours granted pursuant to this paragraph.

13. Sell at current replacement cost, without public bidding, the department issued badge of authority to an officer of the department on the officer's promotion or separation from the department. Any monies derived from the sale of the badge to an officer shall be deposited, pursuant to sections 35-146 and 35-147, in the department of public safety administration fund to offset replacement costs.

C. The director and any employees of the department that the director designates in writing may use the seal adopted pursuant to subsection A, paragraph 7 of this section to fully authenticate any department records and copies of these records. These authenticated records or authenticated copies of records shall be judicially noticed and shall be received in evidence by the courts of this state without any further proof of their authenticity.
A.R.S. § 41-925 — Arizona Code / Title 41 / Chapter 5 / Article 2 / Section 925
41-925 Voluntary deposit of private funds by resident with superintendent
Status: in_force

41-925. Voluntary deposit of private funds by resident with superintendent

The superintendent is the only employee of the Arizona pioneers' home authorized to accept from residents of the home private funds of such residents for safekeeping, to be held in trust for such residents. Such funds shall be disbursed by the superintendent only upon instruction of the residents or by order of a court of competent jurisdiction.
A.R.S. § 41-2958 — Arizona Code / Title 41 / Chapter 27 / Article 1 / Section 2958
41-2958 Modified audits of certain agencies
Status: in_force

41-2958. Modified audits of certain agencies

At least every ten years the joint legislative audit committee shall conduct a review of the following agencies and programs according to the following schedule using the factors that are deemed necessary and that are listed in section 41-2954, subsection D:

1. By July 1, 1996 for the department of education including the programs and activities administered, prescribed or regulated by the department.

2. By July 1, 1997 for the programs and commissions established by the legislature within the judiciary.

3. By July 1, 1998 for Arizona state university, Arizona state university west campus, Arizona state university east campus, the university of Arizona and northern Arizona university. For purposes of this paragraph, the committee may combine the review for all of the universities into one or more reviews and reports.
A.R.S. § 41-1092.08 — Arizona Code / Title 41 / Chapter 6 / Article 10 / Section 1092.08
41-1092.08 Final administrative decisions; review; exception
Status: in_force

41-1092.08. Final administrative decisions; review; exception

A. The administrative law judge of the office shall issue a written decision within twenty days after the hearing is concluded. The written decision shall contain a concise explanation of the reasons supporting the decision, including the findings of fact and conclusions of law. The administrative law judge shall serve a copy of the decision on all parties to the contested case or appealable agency action.  On request of the agency, the office shall also transmit to the agency the record of the hearing as described in section 12-904, except as provided in section 41-1092.01, subsection F.

B. Within thirty days after the date the office sends a copy of the administrative law judge's decision to the head of the agency, executive director, board or commission, the head of the agency, executive director, board or commission may review the decision and accept, reject or modify it. If the head of the agency, executive director, board or commission declines to review the administrative law judge's decision, the agency shall serve a copy of the decision on all parties. If the head of the agency, executive director, board or commission rejects or modifies the decision, the agency head, executive director, board or commission must file with the office, except as provided in section 41-1092.01, subsection F, and serve on all parties a copy of the administrative law judge's decision with the rejection or modification and a written justification setting forth the reasons for the rejection or modification of each finding of fact or conclusion of law. If there is a rejection or modification of a conclusion of law, the written justification shall be sent to the president of the senate and the speaker of the house of representatives.

C. A board or commission whose members are appointed by the governor may review the decision of the agency head, as provided by law, and make the final administrative decision.

D. Except as otherwise provided in this subsection, if the head of the agency, the executive director or a board or commission does not accept, reject or modify the administrative law judge's decision within thirty days after the date the office sends a copy of the administrative law judge's decision to the head of the agency, executive director, board or commission, as evidenced by receipt of such action by the office by the thirtieth day, the office shall certify the administrative law judge's decision as the final administrative decision. If the board or commission meets monthly or less frequently, if the office sends the administrative law judge's decision at least thirty days before the next meeting of the board or commission and if the board or commission does not accept, reject or modify the administrative law judge's decision at the next meeting of the board or commission, as evidenced by receipt of such action by the office within five days after the meeting, the office shall certify the administrative law judge's decision as the final administrative decision.

E. For the purposes of subsections B and D of this section, a copy of the administrative law judge's decision is sent on personal delivery of the decision or five days after the decision is mailed to the head of the agency, executive director, board or commission.

F. The decision of the agency head is the final administrative decision unless one of the following applies:

1. The agency head, executive director, board or commission does not review the administrative law judge's decision pursuant to subsection B of this section or does not reject or modify the administrative law judge's decision as provided in subsection D of this section, in which case the administrative law judge's decision is the final administrative decision.

2. The decision of the agency head is subject to review pursuant to subsection C of this section.

3. The licensee accepts the administrative law judge's decision concerning the appeal of a licensing decision as final pursuant to subsection I of this section.

G. If a board or commission whose members are appointed by the governor makes the final administrative decision as an administrative law judge or on review of the decision of the agency head, the decision is not subject to review by the head of the agency.

H. A party may appeal a final administrative decision pursuant to title 12, chapter 7, article 6, except as provided in section 41-1092.09, subsection B and except that if a party has not requested a hearing on receipt of a notice of appealable agency action pursuant to section 41-1092.03, the appealable agency action is not subject to judicial review. The license is not stayed during the appeal unless the affected party that has appealed applies to the superior court for an order requiring a stay pending final disposition of the appeal as necessary to prevent an imminent and substantial endangerment to public health or the environment. The court shall determine the matter under the standards applicable for granting preliminary injunctions.

I. Except for a licensing decision concerning the administrative completeness of an application submitted by a licensee or a licensing decision where the agency, executive director, board or commission has determined that the licensee poses a threat of grave harm or danger to the public or has acted with complete disregard for the well-being of the public in engaging or in being allowed to engage in the licensee's regulated business activity, for any appealable agency action or contested case involving a licensing decision, the licensee may accept the decision not more than ten days after receiving the administrative law judge's written decision. If the licensee accepts the administrative law judge's written decision, the decision shall be certified as the final decision by the office. If the licensee does not accept the administrative law judge's written decision as the final decision in the matter, the head of the agency, executive director, board or commission may review the decision and accept, reject or modify the decision. If the head of the agency, executive director, board or commission intends to reject or modify the decision, the parties shall meet and confer, within thirty days after receiving the administrative law judge's decision pursuant to subsection A of this section, concerning the agency's proposed modifications to the findings of fact and conclusions of law. Within twenty days after conferring, the head of the agency, executive director, board or commission shall file its final decision in accordance with subsection B of this section. This subsection does not apply to any appealable agency actions of the department of water resources pursuant to title 45.

J. This section does not apply to the Arizona peace officer standards and training board established by section 41-1821.
A.R.S. § 41-2603 — Arizona Code / Title 41 / Chapter 23 / Article 8 / Section 2603
41-2603 Surplus material program
Status: in_force

41-2603. Surplus material program

The department may acquire surplus materials from the United States government and may distribute surplus materials as may be usable and necessary for public purposes to a state governmental unit or a political subdivision.
A.R.S. § 41-2613 — Arizona Code / Title 41 / Chapter 23 / Article 9 / Section 2613
41-2613 Debarment and suspension of contractors
Status: in_force

41-2613. Debarment and suspension of contractors

A. The director shall adopt rules providing for the suspension and debarment of any person from consideration for award of contracts pursuant to this chapter.  If there are reasonable grounds for debarment the rules of the director may provide for the suspension of any person for not to exceed six months.  A debarment shall not exceed three years.

B. The causes for debarment or suspension include the following:

1. Conviction of any person or any subsidiary or affiliate of any person for commission of a criminal offense arising out of obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract.

2. Conviction of any person or any subsidiary or affiliate of any person under any statute of the federal government, this state or any other state for embezzlement, theft, fraudulent schemes and artifices, fraudulent schemes and practices, bid rigging, perjury, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which affects responsibility as a state contractor.

3. Conviction or civil judgment finding a violation by any person or any subsidiary or affiliate of any person under state or federal antitrust statutes.

4. Violations of contract provisions of a character which are deemed to be so serious as to justify debarment action, such as either of the following:

(a) Knowingly fails without good cause to perform in accordance with the specification or within the time limit provided in the contract.

(b) Failure to perform or unsatisfactory performance in accordance with the terms of one or more contracts, except that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment.

5. Any other cause deemed to affect responsibility as a state contractor, including suspension or debarment of such person or any subsidiary or affiliate of such person by another governmental entity for any cause listed in rules of the director.

C. A written determination to debar or suspend shall be issued pursuant to the rules of the director which shall:

1. State the reasons for the action taken.

2. Inform any debarred or suspended person involved of the right to administrative review as provided in this article.

D. A copy of the decision under subsection C shall be mailed or otherwise furnished to any debarred or suspended person and to any intervening party.
A.R.S. § 41-1756 — Arizona Code / Title 41 / Chapter 12 / Article 3 / Section 1756
41-1756 Unauthorized access to criminal history; classification; definitions
Status: in_force

41-1756. Unauthorized access to criminal history; classification; definitions

A. Except as provided by section 41-1750, a person commits unauthorized access to criminal history if the person intentionally, knowingly or recklessly does any of the following:

1. Permits unauthorized access to the Arizona criminal justice information system or to criminal history record information.

2. Uses the Arizona criminal justice information system or criminal history record information for a purpose other than as provided by section 41-1750.

3. Releases or procures the release of criminal history information.

B. A person who violates this section is guilty of a class 6 felony.

C. For the purposes of this section:

1. "Arizona criminal justice information system" has the same meaning prescribed in section 41-1750.

2. "Criminal history record information" has the same meaning prescribed in section 41-1750.
A.R.S. § 41-191.13 — Arizona Code / Title 41 / Chapter 1 / Article 5 / Section 191.13
41-191.13 Organized retail theft task force; members; duties; annual report
Status: in_force

41-191.13. Organized retail theft task force; members; duties; annual report

A. The attorney general shall establish the organized retail theft task force to combat crimes that relate to stealing, embezzling or obtaining retail merchandise by fraud, false pretenses or other illegal means for the purposes of reselling the items. The attorney general shall invite federal, state and local law enforcement personnel to participate in the task force in order to use the combined skills, expertise and resources of law enforcement personnel more effectively.

B. The task force shall consist of the following members:

1. One full-time:

(a) Prosecutor.

(b) Paralegal.

(c) Support staff.

2. Six investigators.

C. The task force shall:

1. Meet regularly to review cases and provide updates on ongoing cases to all members of the task force.

2. Investigate, apprehend and recommend for prosecution, as appropriate, individuals or entities that participate in the purchase, sale or distribution of stolen property from a retail establishment or through the use of an internet or network site and shall target individuals or entities that organize or commit theft and other property crimes for financial gain.

3. Investigate offenses or violations that are under the attorney general's jurisdiction as prescribed by section 21-422.

4. Review, investigate and recommend for prosecution appropriate cases brought before the task force by law enforcement agencies or authorized loss prevention personnel in this state.

5. On or before July 1, 2025 and each year thereafter, submit a report to the governor, the president of the senate and the speaker of the house of representatives and provide a copy to the secretary of state on the task force's activities and any recommendations for legislative action relating to criminal penalties for crimes that have a negative impact on this state's economy.
A.R.S. § 41-1056.01 — Arizona Code / Title 41 / Chapter 6 / Article 5 / Section 1056.01
41-1056.01 Impact statements; appeals
Status: in_force

41-1056.01. Impact statements; appeals

A. Within two years after a rule is finalized, a person who is or may be affected by the rule may file a written petition with an agency objecting to all or part of a rule on any of the following grounds:

1. The actual economic, small business or consumer impact significantly exceeded the impact estimated in the economic, small business and consumer impact statement submitted during the making of the rule.

2. The actual economic, small business or consumer impact was not estimated in the economic, small business and consumer impact statement submitted during the making of the rule and that actual impact imposes a significant burden on persons subject to the rule.

3. The agency did not select the alternative that imposes the least burden and costs to persons regulated by the rule, including paperwork and other compliance costs, necessary to achieve the underlying regulatory objective.

B. The burden of proof is on the petitioner to show that any of the provisions set forth in subsection A of this section are met.

C. Within thirty days after receiving the copy of the petition, the agency shall reevaluate the rule and its economic impacts and publish notice of the petition in the register. For at least thirty days after publication of the notice the agency shall afford persons the opportunity to submit in writing statements, arguments, data and views on the rule and its impacts. Within thirty days after the close of comment, the agency shall publish a written summary of comments received, the agency's response to those comments, and the final decision of the agency on whether to initiate a rule making or to amend or repeal the rule. The agency shall initiate any such rule making within forty-five days after publication of its final decision.

D. Any person who is or may be affected by the agency's final decision on whether to initiate a rule making pursuant to subsection C of this section may appeal that decision to the council within thirty days after publication of the agency's final decision.

E. The council shall place on its agenda the appeal if at least three council members make such a request of the council chairman within two weeks after the filing of the appeal with the council.

F. If the appeal is placed on the council's agenda, the council chairman shall provide a copy of the appeal and written notice to the agency that the council will consider the appeal. The agency shall provide the council with a copy of the written summary described in subsection C of this section.

G. The council shall require an agency to promptly initiate a rule making or to amend or repeal the rule or the rule package, as prescribed by section 41-1024, subsection E, objected to in the petition if the council finds that any of the provisions set forth in subsection A of this section are met.

H. This section shall not apply to a rule for which there is a final judgment of a court of competent jurisdiction based on the grounds of whether the contents of the economic, small business and consumer impact statement were insufficient or inaccurate.
A.R.S. § 41-1758.03 — Arizona Code / Title 41 / Chapter 12 / Article 3.1 / Section 1758.03
41-1758.03 Fingerprint clearance cards; issuance; immunity
Status: in_force

41-1758.03. Fingerprint clearance cards; issuance; immunity

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

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

1. Sexual abuse of a vulnerable adult.

2. Incest.

3. First or second degree murder.

4. Sexual assault.

5. Sexual exploitation of a minor.

6. Sexual exploitation of a vulnerable adult.

7. Commercial sexual exploitation of a minor.

8. Commercial sexual exploitation of a vulnerable adult.

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

10. Child abuse.

11. Abuse of a vulnerable adult.

12. Sexual conduct with a minor.

13. Molestation of a child.

14. Molestation of a vulnerable adult.

15. A dangerous crime against children as defined in section 13-705.

16. Exploitation of minors involving drug offenses.

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

18. Neglect or abuse of a vulnerable adult.

19. Sex trafficking.

20. Sexual abuse.

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

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

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

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

25. Luring a minor for sexual exploitation.

26. Enticement of persons for purposes of prostitution.

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

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

29. Receiving earnings of a prostitute.

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

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

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

33. Pandering.

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

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

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

37. Unlawful sale or purchase of children.

38. Child bigamy.

39. Trafficking of persons for forced labor or services.

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

1. Manslaughter.

2. Endangerment.

3. Threatening or intimidating.

4. Assault.

5. Unlawfully administering intoxicating liquors, narcotic drugs or dangerous drugs.

6. Assault by vicious animals.

7. Drive by shooting.

8. Assaults on officers or firefighters.

9. Discharging a firearm at a structure.

10. Indecent exposure.

11. Public sexual indecency.

12. Aggravated criminal damage.

13. Theft.

14. Theft by extortion.

15. Shoplifting.

16. Forgery.

17. Criminal possession of a forgery device.

18. Obtaining a signature by deception.

19. Criminal impersonation.

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

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

22. Forgery of a credit card.

23. Fraudulent use of a credit card.

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

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

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

27. Credit card transaction record theft.

28. Misconduct involving weapons.

29. Misconduct involving explosives.

30. Depositing explosives.

31. Misconduct involving simulated explosive devices.

32. Concealed weapon violation.

33. Possession and sale of peyote.

34. Possession and sale of a vapor-releasing substance containing a toxic substance.

35. Sale of precursor chemicals.

36. Possession, use or sale of marijuana, dangerous drugs or narcotic drugs.

37. Manufacture or distribution of an imitation controlled substance.

38. Manufacture or distribution of an imitation prescription-only drug.

39. Manufacture or distribution of an imitation over-the-counter drug.

40. Possession or possession with intent to use an imitation controlled substance.

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

42. Possession or possession with intent to use an imitation over-the-counter drug.

43. Manufacture of certain substances and drugs by certain means.

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

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

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

47. A criminal offense under title 13, chapter 23.

48. Child neglect.

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

50. Offenses involving domestic violence.

51. Arson.

52. Kidnapping.

53. Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs.

54. Robbery.

55. Aggravated assault.

56. Felony offenses involving contributing to the delinquency of a minor.

57. Negligent homicide.

58. Criminal damage.

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

60. Taking identity of another person or entity.

61. Aggravated taking identity of another person or entity.

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

63. Cruelty to animals.

64. Prostitution.

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

66. Welfare fraud.

D. A person who is awaiting trial on or who has been convicted of committing or attempting to commit a misdemeanor or felony violation of section 28-1381, 28-1382 or 28-1383 in this state or the same or similar offense in another state or jurisdiction within five years after the date of applying for a fingerprint clearance card is precluded from driving any vehicle to transport employees or clients of the employing agency as part of the person's employment. The division shall place a notation on the fingerprint clearance card that indicates this driving restriction. This subsection does not preclude a person from driving a vehicle alone as part of the person's employment. This subsection does not apply to a person who is licensed pursuant to title 32, chapter 20, except if the person is employed by an agency as defined in section 41-1758.

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

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

G. A person shall be granted a fingerprint clearance card if either of the following applies:

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

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

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

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

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

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

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

M. Except as provided in subsection N of this section, if after conducting a state and federal criminal history records check the division determines that it is not authorized to issue a fingerprint clearance card to a person, the division shall notify the agency that licenses or employs the person that the division is not authorized to issue a fingerprint clearance card. This notice shall include the criminal history information on which the denial was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544.

N. If, after conducting a state and federal criminal history records check on a person who requests a fingerprint clearance card pursuant to section 15-1881, the division determines that it is not authorized to issue a fingerprint clearance card to the person, the division shall not notify the agency. The division shall notify the person who requested the card that the division is not authorized to issue a fingerprint clearance card. The notice shall include the criminal history information on which the denial was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544.

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

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

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

P. The issuance of a fingerprint clearance card does not entitle a person to employment.

Q. Notwithstanding any law to the contrary, a person may apply for and receive a level I fingerprint clearance card pursuant to section 41-1758.07 to satisfy a requirement that the person have a valid fingerprint clearance card issued pursuant to this section.
A.R.S. § 41-259 — Arizona Code / Title 41 / Chapter 2 / Article 1 / Section 259
41-259 Notarial act in another state
Status: in_force

41-259. Notarial act in another state

A. A notarial act performed in another state has the same effect under the laws of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by any of the following:

1. A notary public of that state.

2. A judge, clerk or deputy clerk of a court of that state.

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

B. The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.

C. The signature and title of a notarial officer described in subsection A, paragraph 1 or 2 of this section conclusively establish the authority of the notarial officer to perform the notarial act.
A.R.S. § 41-511.04 — Arizona Code / Title 41 / Chapter 3 / Article 1.1 / Section 511.04
41-511.04 Duties; board; partnership fund; state historic preservation officer; definition
Status: in_force

41-511.04. Duties; board; partnership fund; state historic preservation officer; definition

A. The board shall:

1. Select areas of scenic beauty, natural features and historical properties now owned by the state, except properties in the care and custody of other agencies by virtue of agreement with the state or as established by law, for management, operation and further development as state parks and historical monuments.

2. Manage, develop and operate state parks, monuments or trails established or acquired pursuant to law, or previously granted to the state for park or recreation purposes, except those falling under the jurisdiction of other state agencies as established by law.

3. Investigate lands owned by the state to determine in cooperation with the agency that manages the land which tracts should be set aside and dedicated for use as state parks, monuments or trails.

4. Investigate federally owned lands to determine their desirability for use as state parks, monuments or trails and negotiate with the federal agency having jurisdiction over such lands for the transfer of title to the Arizona state parks board.

5. Investigate privately owned lands to determine their desirability as state parks, monuments or trails and negotiate with private owners for the transfer of title to the Arizona state parks board.

6. Enter into agreements with the United States, other states or local governmental units, private societies or persons for the development and protection of state parks, monuments and trails.

7. Plan, coordinate and administer a state historic preservation program, including the program established pursuant to the national historic preservation act of 1966, as amended.

8. Advise, assist and cooperate with federal and state agencies, political subdivisions of this state and other persons in identifying and preserving properties of historic or prehistoric significance.

9. Keep and administer an Arizona register of historic places composed of districts, sites, buildings, structures and objects significant in this state's history, architecture, archaeology, engineering and culture that meet criteria that the board establishes or that are listed on the national register of historic places. Entry on the register requires nomination by the state historic preservation officer and owner notification in accordance with rules that the board adopts.

10. Accept, on behalf of the state historic preservation officer, applications for classification as historic property received from the county assessor.

11. Adopt rules with regard to classification of historic property including:

(a) Minimum maintenance standards for the property.

(b) Requirements for documentation.

12. Monitor the performance of state agencies in the management of historic properties as provided in chapter 4.2 of this title.

13. Advise the governor on historic preservation matters.

14. Plan and administer a statewide parks and recreation program, including the programs established pursuant to the land and water conservation fund act of 1965 (P.L. 88-578; 78 Stat. 897).

15. Prepare, maintain and update a comprehensive plan for the development of the outdoor recreation resources of this state.

16. Initiate and carry out studies to determine the recreational needs of this state and the counties, cities and towns.

17. Coordinate recreational plans and developments of federal, state, county, city, town and private agencies.

18. Receive applications for projects to be funded through the land and water conservation fund and the state lake improvement fund on behalf of the Arizona outdoor recreation coordinating commission.

19. Provide staff support to the Arizona outdoor recreation coordinating commission.

20. Maintain a statewide off-highway vehicle recreational plan. The plan shall be updated at least once every five years and shall be used by all participating agencies to guide distribution and expenditure of monies under section 28-1176. The plan shall be open to public input and shall include the priority recommendations for allocating available monies in the off-highway vehicle recreation fund established by section 28-1176.

21. Collaborate with the state forester in presentations to legislative committees on issues associated with forest management and wildfire prevention and suppression as provided by section 37-1302, subsection B.

B. Notwithstanding section 41-511.21, the board may annually collect and expend monies to plan and administer the land and water conservation fund program, in conjunction with other administrative tasks and recreation plans, as a surcharge to subgrantees in a proportionate amount, not to exceed ten percent, of the cost of each project. The surcharge monies shall be set aside to fund staff support for the land and water conservation fund program.

C. A partnership fund is established consisting of monies received pursuant to subsection B of this section, monies received from intergovernmental agreements pursuant to title 11, chapter 7, article 3 and monies received pursuant to section 35-148. The board shall administer the fund monies as a continuing appropriation for the purposes provided in these sections.

D. The state historic preservation officer shall:

1. In cooperation with federal and state agencies, political subdivisions of this state and other persons, direct and conduct a comprehensive statewide survey of historic properties and historic private burial sites and historic private cemeteries and maintain inventories of historic properties and historic private burial sites and historic private cemeteries.

2. Identify and nominate eligible properties to the national register of historic places and the Arizona register of historic places and otherwise administer applications for listing historic properties on the national and state registers.

3. Administer grants-in-aid for historic preservation projects within this state.

4. Advise, assist and monitor, as appropriate, federal and state agencies and political subdivisions of this state in carrying out their historic preservation responsibilities and cooperate with federal and state agencies, political subdivisions of this state and other persons to ensure that historic properties and historic private burial sites and historic private cemeteries are taken into consideration at all levels of planning and development.

5. Develop and make available information concerning professional methods and techniques for the preservation of historic properties and historic private burial sites and historic private cemeteries.

6. Make recommendations on the certification, classification and eligibility of historic properties and historic private burial sites and historic private cemeteries for property tax and investment tax incentives.

E. The state historic preservation officer may:

1. Collect and receive information for historic private burial sites and historic private cemeteries from public and private sources and maintain a record of the existence and location of such burial sites and cemeteries located on private or public lands in this state.

2. Assist and advise the owners of the properties on which the historic private burial sites and historic private cemeteries are located regarding the availability of tax exemptions applicable for such property.

3. Make the records available to assist in locating the families of persons buried in the historic private burial sites and historic private cemeteries.

F. For the purposes of this section, "historic private burial sites and historic private cemeteries" means places where burials or interments of human remains first occurred more than fifty years ago, that are not available for burials or interments by the public and that are not regulated under title 32, chapter 20, article 6.
A.R.S. § 41-1039 — Arizona Code / Title 41 / Chapter 6 / Article 3 / Section 1039
41-1039 State agency rulemaking; governor approval; submission; definition
Status: in_force

41-1039. State agency rulemaking; governor approval; submission; definition

A. Notwithstanding any other law, a state agency may not conduct any rulemaking, including regular, expedited, informal, formal, emergency or exempt rulemaking, without prior written approval of the governor. In seeking approval, a state agency shall address any of the following as justification for the rulemaking:

1. Fulfilling an objective related to job creation, economic development or economic expansion in this state.

2. Reducing or ameliorating a regulatory burden on the public, while achieving the same regulatory objective.

3. Preventing a significant threat to public health, peace or safety.

4. Avoiding violating a court order or federal law that would result in sanctions by a federal court for failure to conduct the rulemaking action.

5. Complying with a new state statutory or regulatory requirement if the compliance is related to a condition for the receiving federal monies or participating in any federal program.

6. Complying with a new or existing state statutory requirement.

7. Fulfilling an obligation related to fees or any other action necessary to implement the state budget that is certified by the governor's office of strategic planning and budgeting.

8. Adopting a rule or other item that is exempt from this chapter.

9. Matters pertaining to the control, mitigation or eradication of waste, fraud or abuse within a state agency or wasteful, fraudulent or abusive activities perpetrated against a state agency.

10. Eliminating rules that are antiquated, redundant or otherwise no longer necessary for the operation of state government.

B. After the public comment period and the close of the rulemaking record, a state agency may not submit the proposed rules to the council without a written final approval from the governor. Before considering rules submitted by a state agency, the council must obtain from the state agency the initial approval pursuant to subsection A of the section and the final approval required by this subsection.

C. Notwithstanding any other law, a state agency that submits a rulemaking request shall recommend for consideration by the governor at least three existing rules to eliminate for every additional rule requested by the state agency. The requirements of this subsection do not apply to rules that are necessary to secure or maintain assumption of federal regulatory programs, rules that are necessary to comply with an auditor general recommendation or rules that are necessary to address a new statutory requirement.

D. A state agency may not publicize any directives, policy statements, documents or forms on its website unless the directive, policy statement, document or form is authorized by statute or rule. A state agency shall remove material not authorized by statute or rule from its website on September 24, 2022.

E. For the purposes of this section, "state agency":

1. Includes all executive departments, agencies and offices and all state boards and commissions.

2. Does not include:

(a) A state agency that is headed by a single elected state official.

(b) The corporation commission.

(c) Any board or commission established by ballot measure at or after the November 1998 general election.

(d) The judiciary.
A.R.S. § 41-168 — Arizona Code / Title 41 / Chapter 1 / Article 3 / Section 168
41-168 Nondisclosure of address in court proceedings
Status: in_force

41-168. Nondisclosure of address in court proceedings

A court or administrative tribunal may seal the portion of any record that contains a program participant's actual address. This section does not prevent a state or local government entity, in its discretion, from using a program participant's actual address in any document or record filed with a court or administrative tribunal if, at the time of filing, the document or record is not a public record.
A.R.S. § 41-1610.01 — Arizona Code / Title 41 / Chapter 11 / Article 1 / Section 1610.01
41-1610.01 Authorization to maintain and retake custody of New Mexico prisoners
Status: in_force

41-1610.01. Authorization to maintain and retake custody of New Mexico prisoners

An officer or employee of the New Mexico department of corrections who has in his custody, pursuant to New Mexico law, a ward, offender or prisoner of the state of New Mexico whom he is transporting from a facility in New Mexico to another point in New Mexico via Arizona or to a point in Arizona for a necessary work detail of fire fighting or conservation work shall maintain custody of such ward, offender or prisoner in Arizona. Such officer or employee may, in the event of the escape of such ward, offender or prisoner in Arizona, retake such ward, offender or prisoner in the same manner as if such officer or employee were an Arizona peace officer and such ward, offender or prisoner had been committed to his custody under Arizona law.
A.R.S. § 41-860.03 — Arizona Code / Title 41 / Chapter 4.1 / Article 5 / Section 860.03
41-860.03 State metal
Status: in_force

41-860.03. State metal

Copper is the official state metal.
A.R.S. § 41-1737 — Arizona Code / Title 41 / Chapter 12 / Article 2 / Section 1737
41-1737 Transnational repression recognition and response training program
Status: in_force

41-1737. Transnational repression recognition and response training program

A. The department shall establish a transnational repression recognition and response training program to offer peace officers and other law enforcement officers specialized training.  The department shall contract with an organization that has experience in developing and implementing transnational repression recognition and response training to develop the training curriculum. The department shall establish and oversee the process for selecting program participants and certifying program participants who successfully complete transnational repression recognition and response training. The training program shall be updated every year to address emerging threats and specific information on tactics that are used by specific foreign governments.

B. The training program shall include all of the following:

1. How to identify different tactics of transnational repression in physical and nonphysical forms.

2. Information on the governments that are known to employ transnational repression, including those governments that use transnational repression most frequently and those governments that use transnational repression most egregiously. The training shall include information on tools of digital surveillance and other cyber tools that are frequently used to carry out transnational repression activities.

3. Best practices for appropriate local and state law enforcement prevention, reporting and response tactics.

4. Information about communities that may be targeted by transnational repression and misinformation that may be perpetuated by foreign governments and foreign terrorist organizations.

C. The training program may not include any training on misinformation or promote the targeting of any person based on political or religious beliefs.
A.R.S. § 41-2421 — Arizona Code / Title 41 / Chapter 21 / Article 1 / Section 2421
41-2421 Enhanced collections; allocation of monies; criminal justice entities
Status: in_force

41-2421. Enhanced collections; allocation of monies; criminal justice entities

A. Notwithstanding any other law and except as provided in subsection J of this section, five per cent of any monies collected by the supreme court and the court of appeals for the payment of filing fees, including clerk fees, diversion fees, fines, penalties, surcharges, sanctions and forfeitures, shall be deposited, pursuant to sections 35-146 and 35-147, and allocated pursuant to the formula in subsection B of this section. This subsection does not apply to monies collected by the courts pursuant to section 16-954, subsection A, or for child support, restitution or exonerated bonds.

B. The monies deposited pursuant to subsection A of this section shall be allocated according to the following formula:

1. 21.61 per cent to the state aid to county attorneys fund established by section 11-539.

2. 20.53 per cent to the state aid to indigent defense fund established by section 11-588.

3. 57.37 per cent to the state aid to the courts fund established by section 12-102.02.

4. 0.49 per cent to the department of law for the processing of criminal cases.

C. Notwithstanding any other law and except as provided in subsection J of this section, five per cent of any monies collected by the superior court, including the clerk of the court and the justice courts in each county for the payment of filing fees, including clerk fees, diversion fees, adult and juvenile probation fees, juvenile monetary assessments, fines, penalties, surcharges, sanctions and forfeitures, shall be transmitted to the county treasurer for allocation pursuant to subsections E, F, G and H of this section.  This subsection does not apply to monies collected by the courts pursuant to section 16-954, subsection A or for child support, restitution or exonerated bonds.

D. The supreme court shall adopt guidelines regarding the collection of revenues pursuant to subsections A and C of this section.

E. The county treasurer shall allocate the monies deposited pursuant to subsection C of this section according to the following formula:

1. 21.61 per cent for the purposes specified in section 11-539.

2. 20.53 per cent for the purposes specified in section 11-588.

3. 57.37 per cent to the local courts assistance fund established by section 12-102.03.

4. 0.49 per cent to the state treasurer for transmittal to the department of law for the processing of criminal cases.

F. The board of supervisors in each county shall separately account for all monies received pursuant to subsections C and E of this section and expenditures of these monies may be made only after the requirements of subsections G and H of this section have been met.

G. By December 1 of each year each county board of supervisors shall certify if the total revenues received by the justice courts and the superior court, including the clerk of the superior court, exceed the amount received in fiscal year 1997-1998. If the board so certifies, then the board shall distribute the lesser of either:

1. The total amount deposited pursuant to subsection C of this section.

2. The amount collected and deposited pursuant to subsection C of this section that exceeds the base year collections of fiscal year 1997-1998. These monies shall be distributed according to the formula specified in subsection E of this section. Any monies remaining after this allocation shall be transmitted as otherwise provided by law.

H. If a county board of supervisors determines that the total revenues transmitted by the superior court, including the clerk of the superior court and the justice courts in the county, do not equal the base year collections transmitted in fiscal year 1997-1998 the monies specified in subsection C of this section shall be transmitted by the county treasurer as otherwise provided by law.

I. For the purposes of this section, base year collections shall be those collections specified in subsection C of this section.

J. Monies collected pursuant to section 12-116.01, subsection B shall be allocated as follows:

1. 15.44 per cent to the state aid to county attorneys fund established by section 11-539.

2. 14.66 per cent to the state aid to indigent defense fund established by section 11-588.

3. 40.97 per cent to the state aid to the courts fund established by section 12-102.02.

4. 0.35 per cent to the department of law for the processing of criminal cases.

5. 14.29 per cent to the Arizona criminal justice commission for distribution to state, county and municipal law enforcement full service forensic crime laboratories pursuant to rules adopted by the Arizona criminal justice commission.

6. 14.29 per cent to the supreme court for allocation to the municipal courts pursuant to subsection K of this section.

K. The supreme court shall administer and allocate the monies received pursuant to subsection J, paragraph 6 of this section to the municipal courts based on the total amount of surcharges transmitted pursuant to section 12-116.01 by that jurisdiction's city treasurer to the state treasurer for the prior fiscal year divided by the total amount of surcharges transmitted to the state treasurer pursuant to section 12-116.01 by all city treasurers statewide for the prior fiscal year. The municipal court shall use the monies received to improve, maintain and enhance the ability to collect and manage monies assessed or received by the courts, to improve court automation and to improve case processing or the administration of justice. The municipal court shall submit a plan to the supreme court and the supreme court shall approve the plan before the municipal court begins to spend these allocated monies.
A.R.S. § 41-622.01 — Arizona Code / Title 41 / Chapter 3.1 / Article 1 / Section 622.01
41-622.01 Revolving fund for joint insurance purchase retention pools
Status: in_force

41-622.01. Revolving fund for joint insurance purchase retention pools

A. A permanent special risk revolving fund is established in the department of administration for the purpose of administering joint insurance purchase, self-insurance or pooled retention plans for contractors of this state prescribed by section 41-621, subsection E. The fund shall be administered pursuant to section 41-621.01. Except if otherwise provided by law, this state shall not appropriate any monies from its general fund in the administration of pools within the special risk revolving fund.

B. The monies in the revolving fund may be invested pursuant to section 35-313. Interest earnings on the revolving fund shall be credited to the respective pools within the revolving fund.

C. If the revolving fund is projected to be exhausted the board of trustees shall make a special assessment on all members of a respective pool for monies to meet the needs of the fund. If the monies in the fund are exhausted a final claim settlement of judgment shall accrue interest at the legal rate and is payable on receipt of allocated income from members of the pool.

D. All monies deposited in the fund identified in subsection A of this section are appropriated to the department of administration for use pursuant to this section and are exempt from section 35-190, relating to lapsing of appropriations.
A.R.S. § 41-511.14 — Arizona Code / Title 41 / Chapter 3 / Article 1.1 / Section 511.14
41-511.14 Transfer of authority
Status: in_force

41-511.14. Transfer of authority

All authority the Arizona development board may have to administer state parks and recreational properties and programs is hereby transferred to the Arizona state parks board.
A.R.S. § 41-511.07 — Arizona Code / Title 41 / Chapter 3 / Article 1.1 / Section 511.07
41-511.07 Parks and monuments on state lands
Status: in_force

41-511.07. Parks and monuments on state lands

The board may take over state lands and improvements thereon pursuant to article 9, chapter 2, title 37, except that the application to and approval by the governor shall not be required if the legislature has created the park or monument, and in determining the amount of compensation to be received by a lessee or permittee all of the elements of damage set forth in subsection B of section 41-511.06 shall be considered.
A.R.S. § 41-1728.01 — Arizona Code / Title 41 / Chapter 12 / Article 2 / Section 1728.01
41-1728.01 Turquoise alert system; requirements; definitions
Status: in_force

41-1728.01. Turquoise alert system; requirements; definitions

A. The department shall establish the turquoise alert system as a quick response system designed to issue and coordinate alerts following the report of a missing person.

B. On the request of an authorized person at a law enforcement agency that is investigating a report of a missing person, the department shall request an activation of the emergency alert system and issue a turquoise alert if all of the following conditions are met:

1. The missing person is under sixty-five years of age.

2. The law enforcement agency investigating the missing person report:

(a) Has used all available local resources.

(b) Has determined that the person has gone missing under unexplained or suspicious circumstances.

(c) Believes that the missing person is in danger or that the missing person is in the company of a potentially dangerous person or that there are other factors indicating that the missing person may be in peril.

3. There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person.

4. The department has been designated to use the federally authorized emergency alert system for the issuance of turquoise alerts.

C. If the department issues a turquoise alert pursuant to this section, the department shall provide the turquoise alert information to any other entity that provides similar notifications in this state.

D. For the purposes of this section:

1. "Law enforcement agency" means the Arizona department of public safety, a municipal police department, a county sheriff's office, a tribal law enforcement agency and a federal law enforcement agency that operates within this state.

2. "Person" includes a member of a federally recognized Indian Tribe.
A.R.S. § 41-2012 — Arizona Code / Title 41 / Chapter 14 / Article 4 / Section 2012
41-2012 Resource development
Status: in_force

41-2012. Resource development

A. In addition to the provisions of section 41-1954, subsection A, the department may develop resources in the private sector to assist it in administering departmental programs.

B. Resource development shall include the following activities:

1. Solicitation, acceptance and expenditure of private donations of monies, gifts, services and devises to accomplish the purposes of this article notwithstanding any provisions to the contrary.

2. Distribution by the department of private monies, gifts, services, contributions and devises to the following:

(a) Foster parents.

(b) Volunteers.

(c) Agencies that contract with the department for delivery of services to clients.

(d) Clients of the department.

(e) Parents, guardians or other persons responsible for the care of clients of the department.

3. Establishment of a volunteer program as follows:

(a) Volunteers who transport clients of the department on official business may be reimbursed for expenses, with the approval of the director or his designee, in the same amount and manner provided for public employees pursuant to title 38, chapter 4, article 2. The designated post of duty for a volunteer shall be considered to be his place of residence for purposes of receiving reimbursement under this subsection.

(b) The director shall provide a mechanism for recognizing volunteers and supporters of the department, which may include provision of plaques, pins or other appropriate memorabilia or sponsorship of recognition events.

C. The director may adopt rules to carry out this article.
A.R.S. § 41-1281 — Arizona Code / Title 41 / Chapter 7 / Article 11 / Section 1281
41-1281 Definitions
Status: in_force

41-1281. Definitions

In this article, unless the context otherwise requires:

1. "Bribe" means any money, goods, right in action, property, thing of value or advantage, present or prospective, asked, offered, given, accepted or promised with a corrupt intent to influence, unlawfully, the person to whom it is given in his action, vote or opinion, in any official capacity.
A.R.S. § 41-511.13 — Arizona Code / Title 41 / Chapter 3 / Article 1.1 / Section 511.13
41-511.13 Violations; classification
Status: in_force

41-511.13. Violations; classification

A. Any person who knowingly damages, defaces or destroys any public park or monument property which is within the state or any political subdivision thereof is guilty of a class 2 misdemeanor.

B. It is unlawful for a person to violate any provision of this article or rule or regulation prescribed under the provisions of this article.

C. Unless a different or other penalty or punishment is specifically prescribed, the person who violates any provisions of this article or who violates or fails to comply with a lawful order, rule or regulation of the Arizona state parks board is guilty of a class 2 misdemeanor.

D. A park ranger law enforcement officer may utilize the procedure prescribed by section 13-3903 for violations of this article or any order, rule or regulation adopted pursuant to this article.
A.R.S. § 41-611 — Arizona Code / Title 41 / Chapter 3 / Article 7.1 / Section 611
41-611 Veterans' deferment of tuition payment, required books and materials; period; promissory note
Status: in_force

41-611. Veterans' deferment of tuition payment, required books and materials; period; promissory note

A. On registration at a state supported community college, college or university, any person who is eligible for and has applied for benefits for education available to veterans of the United States armed forces under federal law may apply for a deferment of payment of tuition, fees and required books and materials for a period not to exceed one hundred twenty days. The community college, college or university shall defer payment for that period on receipt of a signed and acknowledged promissory note for the amount of the tuition, fees and required books and materials, with no interest charge, that is due and payable at the end of the deferral period. This deferment is available during any registration in which a veteran is awaiting education benefits available to veterans of the United States armed forces under federal law.

B. If at the end of the deferral period the person has not yet received from the veterans administration the initial benefit monies for tuition and fees, the person may be granted an extension until such time as the benefits are received.

C. In situations where deferred payments are granted, the community college, college or university shall not release the person's grades or transfer credits until such time as the debt is satisfied.
A.R.S. § 41-1641 — Arizona Code / Title 41 / Chapter 11 / Article 4 / Section 1641
41-1641 Corrections fund; uses; prior approval; exemption; transfer
Status: in_force

41-1641. Corrections fund; uses; prior approval; exemption; transfer

A. The corrections fund is established and consists of monies received from the distribution provided pursuant to section 42-3104. The state department of corrections shall administer the fund.  Monies in the fund are subject to legislative appropriation.

B. Monies in the corrections fund may be expended by:

1. The director of the department of administration for major maintenance, construction, lease, purchase, renovation or conversion of corrections or state operated juvenile facilities subject to the prior approval of the joint committee on capital review and the legislature.

2. The director of the state department of corrections for costs incurred in the minor maintenance and the operations of corrections facilities subject to the prior approval of the legislature.

3. The director of the department of juvenile corrections for costs incurred in the minor maintenance and the operations of state operated juvenile facilities subject to the prior approval of the legislature.

C. Notwithstanding any law to the contrary and except as provided in subsection B of this section:

1. The director of the state department of corrections shall enter into an agreement with the director of the department of administration for the expenditure of monies for the maintenance of corrections facilities.

2. The director of the department of juvenile corrections shall enter into an agreement with the director of the department of administration for the expenditure of monies for the maintenance of state operated juvenile facilities.

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

E. The director of the state department of corrections shall transfer two million five hundred thousand dollars from the corrections fund annually to the department of corrections building renewal fund established by section 41-797.
A.R.S. § 41-3029.09 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3029.09
41-3029.09 Arizona department of agriculture; termination July 1, 2029
Status: repealed

41-3029.09. Arizona department of agriculture; termination July 1, 2029

A. The Arizona department of agriculture and all divisions, offices, councils and committees organized within the department terminate on July 1, 2029.

B. Title 3, chapter 1, article 1 and this section are repealed on January 1, 2030.
A.R.S. § 41-1604.11 — Arizona Code / Title 41 / Chapter 11 / Article 1 / Section 1604.11
41-1604.11 Order for removal; purposes; duration; work furlough; notice; failure to return; classification; applicability; definition
Status: in_force

41-1604.11. Order for removal; purposes; duration; work furlough; notice; failure to return; classification; applicability; definition

A. The director of the state department of corrections may authorize the temporary removal under custody from prison or any other institution for the detention of adults under the jurisdiction of the state department of corrections of any inmate for the purpose of employing that inmate in any work directly connected with the administration, management or maintenance of the prison or institution in which the inmate is confined, for purposes of cooperating voluntarily in medical research that cannot be performed at the prison or institution, or for participating in community action activities directed toward delinquency prevention and community betterment programs. The removal shall not be for a period longer than one day.

B. Under specific rules established by the director for the selection of inmates, the director may also authorize furlough, temporary removal or temporary release of any inmate for compassionate leave, for the purpose of furnishing to the inmate medical treatment not available at the prison or institution, for purposes preparatory to a return to the community within ninety days of the inmate's release date or for disaster aid, including local mutual aid and state emergencies.  When an inmate is temporarily removed or temporarily released for a purpose preparatory to return to the community or for compassionate leave, the director may require the inmate to reimburse the state, in whole or part, for expenses incurred by the state in connection with the temporary removal or release.

C. The board of executive clemency, under specific rules established for the selection of inmates, if it appears to the board, in its sole discretion, 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, may authorize the release of an inmate on work furlough if the inmate has served not less than six months of the sentence imposed by the court, is within twelve months of the inmate's parole eligibility date and has not been convicted of a sexual offense. The director shall provide information as the board requests concerning any inmate eligible for release on work furlough.  The inmate shall not be released on work furlough unless the release is approved by the board.

D. An inmate who is otherwise eligible for work furlough pursuant to subsection C of this section, who is not on home arrest 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 work furlough 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.

E. Before holding a hearing on the work furlough under consideration, 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 a work furlough was sentenced, the prosecuting attorney, the director of the arresting law enforcement agency and the victim of the offense for which the inmate is incarcerated.  The notice shall state the name of the inmate requesting the work furlough, 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 submit a written report to the board expressing the victim's opinion concerning the inmate's release.  A hearing concerning work furlough shall 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. The board shall require that every inmate released on work furlough comply with the terms and conditions of release as the board may impose, including that the inmate be gainfully employed while on work furlough and that the inmate make restitution to the victim of the offense for which the inmate was incarcerated.

G. If the board finds that an inmate has failed to comply with the terms and conditions of release or that the best interests of this state would be served by revocation of an inmate's work furlough, the board may issue a warrant for retaking the inmate before the expiration of the inmate's maximum sentence. After return of the inmate, the board may revoke the inmate's work furlough after the inmate has been given an opportunity to be heard.

H. If the board denies the release of an inmate on work furlough or home arrest, the board may prescribe that the inmate not be recommended again for release on work furlough or home arrest for a period of up to one year.

I. The director shall transmit a monthly report containing the name, date of birth, offense for which the inmate was sentenced, length of the sentence and date of admission to the state department of corrections of each inmate on work furlough or home arrest to the chairperson of the house of representatives judiciary committee or its successor committee and the chairperson of the senate judiciary committee or its successor committee. The director shall also submit a report containing this information for any inmate released on work furlough or home arrest within a jurisdiction to the county attorney, sheriff and chief of police for the jurisdiction in which the inmate is released on work furlough or home arrest.

J. Any inmate who knowingly fails to return from furlough, home arrest, work furlough or temporary removal or temporary release granted under this section is guilty of a class 5 felony.

K. At any given time if the director declares there is a shortage of beds available for inmates within the state department of corrections, the parole eligibility as set forth in sections 31-411 and 41-1604.09 may be suspended for any inmate who has served not less than six months of the sentence imposed by the court, who has not been previously convicted of a felony and who has been sentenced for a class 4, 5 or 6 felony, not involving a sexual offense, the use or exhibition of a deadly weapon or dangerous instrument or the infliction of serious physical injury pursuant to section 13-704, and the inmate shall be continuously eligible for parole, home arrest or work furlough.

L. Prisoners who have served at least one calendar year and who are serving a sentence for conviction of a crime committed on or after October 1, 1978, under section 13-604, 13-1406, 13-1410, 13-3406, 36-1002.01, 36-1002.02 or 36-1002.03, and who are sentenced to the custody of the state department of corrections, may be temporarily released, according to the rules of the department, at the discretion of the director, one hundred eighty calendar days before expiration of the term imposed and shall remain under the control of the state department of corrections until expiration of the maximum sentence specified. If an offender released under this section or pursuant to section 31-411, subsection B violates the rules, the offender may be returned to custody and shall be classified to a parole class as provided by the rules of the department.

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

N. For the purposes of this section, "serious offense" means any of the following:

1. 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).

2. 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.

3. 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. § 41-733 — Arizona Code / Title 41 / Chapter 4 / Article 3 / Section 733
41-733 Examination of witnesses
Status: in_force

41-733. Examination of witnesses

When it is necessary in the exercise of his powers and duties, the director or his authorized agents may examine the parties and others on oath, touching any material matters, and for that purpose may administer oaths, issue subpoenas and compel witnesses to attend before him and give evidence, in the same manner and by the same means allowed by law to courts of record.
A.R.S. § 41-2581 — Arizona Code / Title 41 / Chapter 23 / Article 5 / Section 2581
41-2581 Procurement of certain professional services
Status: in_force

41-2581. Procurement of certain professional services

A. A purchasing agency may procure under this section a single contract or multiple contracts for professional services if the contract is for professional services by an architect or architect firm and the contract amount is two hundred fifty thousand dollars or less or if the contract is for professional services by a person or firm other than an architect and the contract amount is five hundred thousand dollars or less. For such procurements, the director shall encourage persons or firms engaged in the lawful practice of the profession to submit annually a statement of qualifications and experience.

B. The director or head of the purchasing agency shall initiate an appropriately qualified selection committee for each procurement, which may include one contract or multiple contracts, pursuant to rules adopted by the director or purchasing agency. The amount of each contract in a single procurement under this section shall not exceed the dollar amount limits in subsection A.  The selection committee shall evaluate current statements of qualifications and experience on file with the director or purchasing agency, together with those that may be submitted by other persons or firms regarding the procurement.  If possible and practicable, the selection committee shall conduct interviews regarding the procurement and the relative methods of furnishing the required services and, if possible, shall select, in order of preference and based on criteria established and published by the selection committee, one or more final lists of the persons or firms deemed to be the most qualified to provide the services required. The selection committee shall base the selection of each final list and the order of preference on demonstrated competence and qualifications only.  The purchasing agency and the selection committee shall not request or consider fees, price, man-hours or any other cost information at any point in the selection process under this section, including the selection of the persons or firms to be interviewed, the selection of the persons and firms to be on a final list, in determining the order of preference of persons and firms on a final list or for any other purpose in the selection process.  If the procurement is for:

1. A single contract or if the procurement is for multiple contracts to be awarded to a single person or firm, there shall be one final list of three persons or firms.

2. Multiple contracts for different professional services to be awarded to separate persons or firms, there shall be a separate final list of three persons or firms for each contract.

3. Multiple contracts for the same professional services to be awarded to separate persons or firms, there shall be one final list and the number of persons or firms on the final list shall be the number of contracts plus another number that is determined by the purchasing agency and that is not more than five.

C. After each final list is selected pursuant to subsection B, the procurement officer shall enter into negotiations with the highest qualified person or firm on each final list or, in the case of a single final list for multiple contracts for the same professional services to be awarded to separate persons or firms, the purchasing agency shall enter into negotiations with a number of the highest qualified persons or firms on the final list equal to the number of contracts that may or will be awarded.  The negotiations shall include consideration of compensation and other contract terms that the procurement officer determines to be fair and reasonable to this state.  In making this determination, the procurement officer shall take into account the estimated value, the scope, the complexity and the nature of the professional services to be rendered. If the procurement officer is unable to negotiate a satisfactory contract with a person or firm with which the purchasing agency is negotiating at a price and on other contract terms the procurement officer determines to be fair and reasonable to this state, the procurement officer shall formally terminate negotiations with that person or firm.  The procurement officer may undertake negotiations with the next most qualified person or firm on the final list in sequence until an agreement is reached or a determination is made to reject all persons or firms on the final list.  If the procurement officer terminates negotiations with a person or firm on a final list and commences negotiations with another person or firm on the final list, the procurement officer shall not in that procurement recommence negotiations or enter into the single contract or multiple contracts for the professional services covered by that final list with any person or firm on that final list with whom the procurement officer has terminated negotiations.

D. If the purchasing agency does not have a procurement protest policy and procedures that have been formally adopted and published by the purchasing agency, for protests relating to procurements under this section the purchasing agency shall follow the procurement protest policy and procedures of the department. The purchasing agency shall process all protests relating to procurements under this section.
A.R.S. § 41-1504 — Arizona Code / Title 41 / Chapter 10 / Article 1 / Section 1504
41-1504 Powers and duties; e-verify requirement
Status: in_force

41-1504. Powers and duties; e-verify requirement

A. The board of directors, on behalf of the authority, may:

1. Adopt and use a corporate seal.

2. Sue and be sued.

3. Enter into contracts as necessary to carry out the purposes and requirements of this chapter, including intergovernmental agreements pursuant to title 11, chapter 7, article 3 and interagency service agreements as provided by section 35-148.

4. Lease real property and improvements to real property for the purposes of the authority.  Leases by the authority are exempt from chapter 4, article 7 of this title, relating to management of state properties.

5. Employ or retain legal counsel and other consultants as necessary to carry out the purposes of the authority.

6. Develop and use written policies, procedures and guidelines for the terms and conditions of employing officers and employees of the authority and may include background checks of appropriate personnel.

B. The board of directors, on behalf of the authority, shall:

1. Develop comprehensive long-range strategic economic plans for this state and submit the plans to the governor.

2. Annually update a strategic economic plan for submission to the governor.

3. Accept gifts, grants and loans and enter into contracts and other transactions with any federal or state agency, municipality, private organization or other source.

C. The authority shall:

1. Assess and collect fees for processing applications and administering incentives.  The board shall adopt the manner of computing the amount of each fee to be assessed.  Within thirty days after proposing fees for adoption, the chief executive officer shall submit a schedule of the fees for review by the joint legislative budget committee.  It is the intent of the legislature that a fee shall not exceed one percent of the amount of the incentive.

2. Determine and collect registry fees for the administration of the allocation of federal tax exempt industrial development bonds and student loan bonds authorized by the authority. Such monies collected by the authority shall be deposited, pursuant to sections 35-146 and 35-147, in an application fees fund.  Monies in the fund shall be used, subject to annual appropriation by the legislature, by the authority to administer the allocations provided in this paragraph and are exempt from the provisions of section 35-190 relating to the lapsing of appropriations.

3. Determine and collect security deposits for the allocation, for the extension of allocations and for the difference between allocations and principal amounts of federal tax exempt industrial development bonds and student loan bonds authorized by the authority. Security deposits forfeited to the authority shall be deposited in the state general fund.

4. At the direction of the board, establish and supervise the operations of full-time or part-time offices in other states and foreign countries for the purpose of expanding direct investment and export trade opportunities for businesses and industries in this state if, based on objective research, the authority determines that the effort would be beneficial to the economy of this state.

5. Establish a program by which entrepreneurs become aware of permits, licenses or other authorizations needed to establish, expand or operate in this state.

6. Post on its website on an annual basis a report that contains at least the following information, and submit a copy to the governor, the president of the senate and the speaker of the house of representatives:

(a) The cumulative progress made toward its goals for direct job creation, capital investment and higher average wages and the estimated number of indirect jobs and induced jobs created as a result of the work and the programs of the authority.

(b) To the extent not prohibited by law, information on each incentive application approved by the authority in the fiscal year, including the amount of the incentive approved or awarded and the applicant's activity that is projected or has been achieved, whichever is applicable, to qualify for the incentive.

(c) Rural economic development outreach and impact data.

(d) Small business outreach and impact data.

7. Develop and implement written policies and procedures relating to the administration of grants from the Arizona competes fund established by section 41-1545.01, including the following elements:

(a) Procedures for documenting grantee selection and due diligence.

(b) Procedures for verification of information submitted by grantees.

(c) Procedures for evaluating requests to amend grant terms and for documenting decisions relating to those requests.

8. Notwithstanding any other law, on request of the office of economic opportunity, disclose to the office of economic opportunity applicant information for incentives administered, in whole or in part, by the authority. Any confidentiality requirements provided by law applicable to the information disclosed pursuant to this paragraph apply to the office of economic opportunity.

9. On or before December 31 of each year, compile the data collected pursuant to subsection F of this section and submit a report to the governor, the president of the senate, the speaker of the house of representatives and the secretary of state.

D. The authority, through the chief executive officer, may:

1. Contract and incur obligations reasonably necessary or desirable within the general scope of the authority's activities and operations to enable the authority to adequately perform its duties.

2. Use monies, facilities or services to provide matching contributions under federal or other programs that further the objectives and programs of the authority.

3. Accept gifts, grants, matching monies or direct payments from public or private agencies or private persons and enterprises for the conduct of programs that are consistent with the general purposes and objectives of this chapter.

4. Assess business fees for promotional services provided to businesses that export products and services from this state. The fees shall not exceed the actual costs of the services provided.

5. Establish and maintain one or more accounts in banks or other depositories, for public or private monies of the authority, from which operational activities, including payroll, vendor and grant payments, may be conducted. Individual funds that are established by law under the jurisdiction of the authority may be maintained in separate accounts in banks or other depositories, but shall not be commingled with any other monies or funds of the authority.

E. The chief executive officer shall:

1. Hire employees and prescribe the terms and conditions of their employment as necessary to carry out the purposes of the authority. The board of directors shall adopt written policies, procedures and guidelines, similar to those adopted by the department of administration, regarding officer and employee compensation, observed holidays, leave and reimbursement of travel expenses and health and accident insurance. The officers and employees of the authority are exempt from any laws regulating state employment, including:

(a) Chapter 4, articles 5 and 6 of this title, relating to state service.

(b) Title 38, chapter 4, article 1 and chapter 5, article 2, relating to state personnel compensation, leave and retirement.

(c) Title 38, chapter 4, article 2, relating to reimbursement of state employee expenses.

(d) Title 38, chapter 4, article 4, relating to health and accident insurance.

2. Maintain three full-time employees to serve as advocates for small and rural businesses on economic development and regulatory matters before cities, towns, counties or state agencies. Two of the full-time employees shall be dedicated to small business growth, support and regulation, one of whom shall serve as a small business ombudsman.  One of the full-time employees shall be dedicated to rural economic development.

3. On a quarterly basis, provide public record data in a manner prescribed by the department of administration related to the authority's revenues and expenditures for inclusion in the comprehensive database of receipts and expenditures of state monies pursuant to section 41-725.

F. On or before September 30 of each year, each city, town and county in this state shall submit to the authority the city's, town's or county's statistics for the preceding fiscal year that include all of the following:

1. The average time from the submission of an initial building permit application to a certificate of occupancy.

2. The average time from the submission of a zoning application to zoning approval.

3. The average time from the submission of a final plat to the recordation of the final plat.

4. Any other statistics as determined by the authority or the municipality time frames advisory committee established by section 41-1527 relating to municipal and county support for economic development projects.

G. In addition to any other requirement, in order to qualify for any grant, loan, reimbursement, tax incentive or other economic development incentive pursuant to this chapter, an applicant that is an employer must register with and participate in the e-verify program in compliance with section 23-214. The authority shall require verification of compliance with this subsection as part of any application process.

H. Notwithstanding any other law, the authority is subject to chapter 3.1, article 1 of this title, relating to risk management.

I. The authority is exempt from title 18, chapter 1, articles 1 and 2, relating to statewide information technology. The authority shall adopt policies, procedures and guidelines regarding information technology.

J. The authority is exempt from state general accounting and finance practices and rules adopted pursuant to chapter 4, article 3 of this title, but the board shall adopt written accounting practices, systems and procedures for the economic and efficient operation of the authority. The authority shall adopt policies pursuant to this subsection that prohibit using state monies as defined in section 35-321 to provide business executives lodging, alcoholic beverages, personal transportation or tickets to entertainment events for the purposes of attracting businesses to this state.

K. The authority is exempt from section 41-712, relating to the installation and maintenance of telecommunication systems.

L. The authority may lease or purchase motor vehicles for use by employees to conduct business activities. The authority is exempt from section 28-472, relating to the state motor vehicle fleet, and title 38, chapter 3, article 10, relating to vehicle usage and markings.

M. Any tangible or intangible record submitted to or compiled by the board or the authority in connection with its work, including the award of monies, is subject to title 39, chapter 1, unless an applicant shows, or the board or authority determines, that specific information meets either of the following:

1. If made public, the information would divulge the applicant's or potential applicant's trade secrets, as defined in section 44-401.

2. If made public, the information could potentially harm the applicant's, the potential applicant's or this state's competitive position relating to potential business development opportunities and strategies.

N. The authority is exempt from chapter 25, article 1 of this title, relating to government competition with private enterprise.
A.R.S. § 41-1904 — Arizona Code / Title 41 / Chapter 13 / Article 1 / Section 1904
41-1904 Recommendations
Status: in_force

41-1904. Recommendations

A. The governor shall include, in the budget next transmitted by him to the legislature after the date of the submission of the report and recommendations of the commission, his own recommendations with respect to the exact rates of pay which he deems advisable for those offices and positions subject to this chapter.

B. All or part, as the case may be, of the recommendations of the governor transmitted to the legislature in the budget relating to salaries shall become effective on the first Monday of January of the next calendar year following the transmittal of his recommendations in the budget, but only to the extent that between the date of transmittal of such recommendations in the budget and the ninetieth day following the transmittal of his recommendations:

1. No statute has been enacted which establishes rates of pay other than those proposed by all or part of such recommendations.

2. Neither house of the legislature specifically disapproves all or part of such recommendations. In case of either of a legislative enactment or disapproval by either house, the recommendations are effective only insofar as not altered or disapproved.

C. Any part of the recommendations of the governor may, in accordance with express provisions of express recommendations, be made operative on a date later than the date on which such recommendations otherwise would take effect.

D. The recommendations of the commission as to legislative salaries shall be certified by it to the secretary of state and the secretary of state shall submit to the qualified electors at the next regular general election the question, "Shall the recommendations of the commission on salaries for elective state officers concerning legislative salaries be accepted? Yes /__/ No /__/". Such recommendations if approved by the electors shall become effective at the beginning of the next regular legislative session without any other authorizing legislation.

E. The recommendations of the governor transmitted to the legislature under this chapter shall, upon their effective date, supersede all provisions of law in conflict therewith. The recommendations of the governor which do take effect shall be published with the laws of the state.
A.R.S. § 41-2052 — Arizona Code / Title 41 / Chapter 15 / Article 1 / Section 2052
41-2052 Governor's office on tribal relations; state and local public officers and employees; powers; report
Status: in_force

41-2052. Governor's office on tribal relations; state and local public officers and employees; powers; report

A. On request, state and local public officers and employees shall furnish the governor's office on tribal relations with any information that the office may require for its purposes except for information that is not subject to disclosure pursuant to law.

B. The office may:

1. Apply for, accept, receive and spend public and private gifts or grants of monies and property on the terms and conditions as may be imposed by the donor and for the implementation of internal operations and forums for American Indian people to impart their knowledge on statewide issues.

2. Accept, receive and spend fees collected at the Arizona Indian town hall to defer expenses for the Arizona Indian town hall.

3. Assist in evaluating, consolidating and coordinating activities relating to the education of American Indian students.

4. Serve as an informational clearinghouse and provide training on cross-cultural situations.

5. Receive annual notice from the director of the state museum on the discovery of American Indian human remains, funerary objects, sacred ceremonial objects or objects of cultural patrimony.

6. Promote increased participation by American Indians in local and state affairs.

7. Work in conjunction with state agencies involved in economic development to design and initiate programs to stimulate economic growth of the American Indian population, including minority-owned and women-owned businesses.

8. Establish an executive committee or other committees, as necessary.

C. The office shall prepare a report that summarizes each state agency's annual progress report submitted pursuant to section 41-2051, subsection C that details the progress and challenges that the state agencies have experienced in implementing tribal consultation policies and shall submit the report to the legislature during a joint session held on Indian nations and tribes legislative day.
A.R.S. § 41-2953 — Arizona Code / Title 41 / Chapter 27 / Article 1 / Section 2953
41-2953 Joint legislative audit committee; sunset powers and duties; report by auditor general and committees of reference; sunset review reports; performance audits
Status: in_force

41-2953. Joint legislative audit committee; sunset powers and duties; report by auditor general and committees of reference; sunset review reports; performance audits

A. The joint legislative audit committee shall designate the chairperson of each committee of reference and shall assign agencies to the respective committees of reference according to subject matter for performance review.

B. The auditor general shall provide to the joint legislative audit committee a list of agencies scheduled for termination in the next sunset termination schedule, plus an estimate of the audit hours necessary to conduct a sunset review of each agency at least twenty months before the termination date for such agencies.  At least nineteen months before the termination date, the joint legislative audit committee shall meet to review the information submitted by the auditor general, shall select which agencies are subject to sunset review by the auditor general and which agencies are subject to sunset review by the committees of reference and shall determine the priority of review by the auditor general or the committees of reference, except that the Arizona criminal justice commission established by section 41-2404 is subject to sunset review by the auditor general. If the auditor general or the committees of reference are unable to complete the sunset review of a selected agency, the joint legislative audit committee shall oversee the preparation of proposed legislation to place the agency in the following sunset termination schedule and is responsible for the introduction of the legislation. Those agencies not selected for sunset review by the joint legislative audit committee shall terminate pursuant to article 2 of this chapter unless otherwise continued by the legislature.

C. The joint legislative audit committee shall initiate the sunset review at least seventeen months before the termination date for each agency that is selected pursuant to subsection B of this section and scheduled for termination pursuant to article 2 of this chapter. The draft sunset review report shall be completed at least eleven months before the date established by article 2 of this chapter for termination.  Before the report is submitted, the state agency affected shall be given an opportunity to review the draft report and submit written comments or rebuttal, which shall be included in the preliminary sunset review report. The agency shall have not more than forty calendar days to review the draft report for comment or rebuttal.  The preliminary sunset review report shall be submitted to the governor, to each member of the joint legislative audit committee, to the committee of reference and to the affected agency by October 1 of the year before the scheduled termination date of the agency.

D. The joint legislative audit committee may direct the auditor general or the committees of reference to conduct a performance audit as defined in section 41-1278 or a special performance audit of any agency.

E. If an agency is continued, the joint legislative audit committee may direct the auditor general or the committees of reference to conduct a follow-up review of the agency to determine how the agency has performed its statutory functions or corrected deficiencies of prior sunset review, or both.
A.R.S. § 41-333 — Arizona Code / Title 41 / Chapter 2 / Article 2 / Section 333
41-333 Impersonation of notary public
Status: in_force

41-333. Impersonation of notary public

Any person who knowingly acts as or otherwise intentionally impersonates a notary public while not lawfully appointed and commissioned to perform notarial acts is guilty of impersonating a public servant pursuant to section 13-2406.
A.R.S. § 41-1034 — Arizona Code / Title 41 / Chapter 6 / Article 3 / Section 1034
41-1034 Declaratory judgment
Status: in_force

41-1034. Declaratory judgment

A. Any person who is or may be affected by a rule may obtain a judicial declaration of the validity of the rule by filing an action for declaratory relief in the superior court in Maricopa county in accordance with title 12, chapter 10, article 2.

B. Any person who is or may be affected by an existing agency practice or substantive policy statement that the person alleges to constitute a rule may obtain a judicial declaration on whether the practice or substantive policy statement constitutes a rule by filing an action for declaratory relief in the superior court in Maricopa county in accordance with title 12, chapter 10, article 2.
A.R.S. § 41-1970 — Arizona Code / Title 41 / Chapter 14 / Article 1 / Section 1970
41-1970 Out-of-school time grant program; fund; report; definitions
Status: in_force

41-1970. Out-of-school time grant program; fund; report; definitions

A. The out of school time grant program is established in the department to expand out-of-school time child care for children who are at least five and not older than twelve years of age and who require child care either when the children are out-of-school or during periods of time when school instruction is not being conducted.

B. The grant program shall:

1. Increase the number of eligible pupils with access to child care before school, after school or during periods of time when school instruction is not being conducted.

2. Increase access to and the affordability of child care for children and their families.

3. Enable employers to attract and retain a talented workforce.

4. Reduce the cost of child care to participating families by at least two-thirds.

C. The department shall do all of the following:

1. Develop an annual grant application process.

2. Provide grants to assist with the costs of child care to eligible grantees who participate in the grant program.

3. Monitor eligible grantees to ensure grant program and fiscal compliance.

4. Develop metrics to measure the success of the grant program.

5. Allocate at least thirty percent of grant monies for eligible grantees in rural communities, which may be used in any location in this state if there are insufficient grant applications from rural communities.

D. The out-of-school time grant program fund is established consisting of legislative appropriations.  The department may not use more than five percent of the monies deposited in the fund to administer the fund.  Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

E. On or before August 1, 2026 and each year thereafter, the department shall submit an annual report to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the secretary of state.  The report shall include all of the following:

1. The total number of children who are served by the out-of-school time grant program, categorized by age of the child and the county where the child is served.  The information provided pursuant to this paragraph may not include any information that identifies or can be used to identify a child.

2. The locations of programs, categorized by county.

3. The number of new and sustained child care slots.

F. The department may develop policies and procedures that are necessary to implement this section.

G. For the purposes of this section:

1. "Eligible grantee" means a nonprofit organization, public school and public or private child care provider that has demonstrated experience providing child care before school, after school or during periods of time when school instruction is not being conducted.

2. "Eligible pupils" means children who are at least five and not older than twelve years of age and who come from a household earning $150,000 or less per year.
A.R.S. § 41-1301 — Arizona Code / Title 41 / Chapter 8 / Article 1 / Section 1301
41-1301 Legislative council; members; terms; meetings
Status: in_force

41-1301. Legislative council; members; terms; meetings

A. There is established a legislative council which consists of the president of the senate and six members of the senate appointed by the president, and the speaker of the house of representatives and six members of the house of representatives appointed by the speaker, who serve for terms of two years terminating upon the convening of the regular session of the legislature each odd numbered year. The term of a member terminates immediately upon his ceasing to be a member of the legislature, but a member appointed to fill a vacancy caused otherwise than by expiration of term shall be appointed by the president of the senate or the speaker of the house of representatives, as the case may be, from the same body of the legislature from which his predecessor was appointed. The president of the senate and the speaker of the house of representatives shall cooperate in the selection of members to serve on the legislative council to the end that, insofar as possible, each geographical area of the state has representation on the council.

B. The speaker of the house of representatives shall chair the council in even numbered years, and the president of the senate shall chair the council in odd numbered years. The council shall meet and organize by electing from among its membership additional officers as are deemed necessary or advisable. The council shall meet as often as the members deem necessary, and a majority of the members constitutes a quorum for the transaction of business.
A.R.S. § 41-835 — Arizona Code / Title 41 / Chapter 4.1 / Article 3 / Section 835
41-835 Perpetuation of historical names
Status: in_force

41-835. Perpetuation of historical names

It is declared the public policy of this state that natural or artificial objects, places or things continue to be known by the names they now bear, as determined by the state geographic and historic names board, so that the historical record of the state may be protected and preserved.
A.R.S. § 41-1758.05 — Arizona Code / Title 41 / Chapter 12 / Article 3.1 / Section 1758.05
41-1758.05 Violation; classification
Status: in_force

41-1758.05. Violation; classification

A person who knowingly falsifies a material fact or who makes or uses a false fingerprint clearance card knowing the false fingerprint clearance card contains a false, fictitious or fraudulent statement is guilty of a class 3 misdemeanor.
A.R.S. § 41-191.02 — Arizona Code / Title 41 / Chapter 1 / Article 5 / Section 191.02
41-191.02 Antitrust enforcement revolving fund; receipts and disbursements; exemption; report; data collection
Status: in_force

41-191.02. Antitrust enforcement revolving fund; receipts and disbursements; exemption; report; data collection

A. The antitrust enforcement revolving fund is established to be administered by the attorney general under the conditions and for the purposes provided in this section. Monies in the fund are subject to legislative appropriation. Monies in the fund shall be exempt from the lapsing provisions of section 35-190.

B. On or before the fifteenth day of January, April, July and October, the attorney general shall cause to be filed with the governor, with copies to the director of the department of administration, the president of the senate and the speaker of the house of representatives, a full and complete account of the receipts and disbursements from the fund in the previous calendar quarter.

C. Monies in the fund shall be used by the attorney general for costs and expenses of antitrust enforcement undertaken by his office and may be expended for such items as filing fees, court costs, travel, depositions, transcripts, reproduction costs, expert witness fees, investigations, and like costs and expenses. Except for the attorney fees due upon the initial recovery of monies as set out in section 41-191.01, in no event shall any of the monies in the fund be used to compensate or employ attorneys or counselors at law.

D. The attorney general shall collect, compile and save data, in a format accessible to the Arizona commerce authority or any member of the legislature, showing the average rack fuel prices for the Phoenix and Tucson petroleum pipeline terminals on a weekly basis.  The attorney general may acquire the data by survey or may purchase the data.  If the attorney general purchases the data, the data shall be acquired at the lowest available competitive price. The attorney general shall make the data available to the Arizona commerce authority or any member of the legislature without charge.
A.R.S. § 41-1551.02 — Arizona Code / Title 41 / Chapter 10 / Article 6 / Section 1551.02
41-1551.02 Space exploration and aeronautics research fund; report
Status: in_force

41-1551.02. Space exploration and aeronautics research fund; report

A. The space exploration and aeronautics research fund is established consisting of legislative appropriations and gifts, grants and donations. Monies in the fund are continuously appropriated. The board shall administer the fund. The board may use up to ten percent of the monies for administrative costs. Monies in the fund may be used to provide grants to businesses or nonprofit organizations in this state that are involved in the space exploration or aeronautics industry or to a governmental entity with which the board has entered into an intergovernmental agreement.

B. The grant monies shall be used for any of the following purposes:

1. Developing emerging technologies that are required for any aspect of human space flight.

2. Research involving space exploration and space flight.

3. Workforce training to promote space exploration and space flight.

4. Curating postmission materials involved in space exploration and space flight.

5. Developing infrastructure that is necessary for establishing and maintaining a spaceport.

C. The board may also provide grants for multiyear projects. The board shall specify the total amount of monies approved to fund each multiyear project.

D. The board shall prioritize providing grants for projects that are any of the following:

1. Located within fifty miles of a federal aviation administration-licensed spaceport.

2. Space defense-related.

3. Space defense and commercial use-related.

E. The board shall establish standards to ensure that grant recipients pursuant to this section purchase goods and services from suppliers in this state to the extent reasonably possible.

F. Each grant recipient shall submit a report to the board that describes how grant monies were spent and a summary of any findings.

G. The board shall prescribe a simplified form and procedure to apply for grants pursuant to this section.
A.R.S. § 41-1823 — Arizona Code / Title 41 / Chapter 12 / Article 8 / Section 1823
41-1823 Adoption of minimum qualifications; certification required
Status: in_force

41-1823. Adoption of minimum qualifications; certification required

A. No minimum qualifications for law enforcement officers adopted pursuant to this article shall be effective until six months after they have been filed with the secretary of state pursuant to section 41-1031.

B. Except for agency heads duly elected as required by the constitution and persons given the authority of a peace officer pursuant to section 8-205, 11-572, 12-253, 13-916 or 22-131, no person may exercise the authority or perform the duties of a peace officer unless he is certified by the board pursuant to section 41-1822, subsection A, paragraph 3.
A.R.S. § 41-3027.08 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3027.08
41-3027.08 Municipal tax code commission; termination July 1, 2027
Status: repealed

41-3027.08. Municipal tax code commission; termination July 1, 2027

A. The municipal tax code commission terminates on July 1, 2027.

B. Section 42-6052 and this section are repealed on January 1, 2028.
A.R.S. § 41-1491.28 — Arizona Code / Title 41 / Chapter 9 / Article 7 / Section 1491.28
41-1491.28 Investigative reports
Status: in_force

41-1491.28. Investigative reports

A. The attorney general shall prepare a final investigative report showing:

1. The names and dates of contacts with witnesses.

2. A summary of correspondence and other contacts with the aggrieved person and the respondent showing the dates of the correspondence and contacts.

3. A summary description of other pertinent records.

4. A summary of witness statements.

5. Answers to interrogatories.

B. A final report under this section may be amended if additional evidence is discovered.
A.R.S. § 41-1491.18 — Arizona Code / Title 41 / Chapter 9 / Article 7 / Section 1491.18
41-1491.18 Prohibition of intimidation
Status: in_force

41-1491.18. Prohibition of intimidation

A person may not coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this section and sections 41-1491.14, 41-1491.15, 41-1491.16, 41-1491.17, 41-1491.19, 41-1491.20 and 41-1491.21.
A.R.S. § 41-1084 — Arizona Code / Title 41 / Chapter 6 / Article 8 / Section 1084
41-1084 Prohibition on subdelegation
Status: in_force

41-1084. Prohibition on subdelegation

No political subdivision that exercises delegated authority pursuant to a delegation agreement may subdelegate its delegated authority to another agency or political subdivision without first notifying the delegating agency.
A.R.S. § 41-511.21 — Arizona Code / Title 41 / Chapter 3 / Article 1.1 / Section 511.21
41-511.21 State parks revenue fund; purpose; exemption
Status: in_force

41-511.21. State parks revenue fund; purpose; exemption

A. The state parks revenue fund is established consisting of:

1. Monies received from the sale of park posters, park postcards, books, souvenirs and sundry items pursuant to section 41-511.05, paragraph 4.

2. Monies appropriated by the legislature for the purpose of enhancing state parks.

3. Unconditional gifts and donations specifically designated to the revenue fund, except for unconditional gifts, donations, bequests and endowments deposited in the state parks donations fund pursuant to section 41-511.11.

4. All monies derived from state park user fees, concession fees and other revenue generating activities.

5. Surcharges on park reservations.

6. Sale of park assets.

B. The monies in the fund are subject to legislative appropriation:

1. For the operation and maintenance of the state park system.

2. For use by the board to acquire and develop real property and improvements as state parks consistent with the purposes and objectives prescribed in section 41-511.03, subject to review by the joint committee on capital review.

C. Monies in the fund shall not be appropriated in a manner that is inconsistent with restrictions in the lease or deed to the property.

D. The board may collect monies as a surcharge on park reservations and shall determine the surcharge rate as provided in section 41-511.05, paragraph 8 after considering the costs to plan and administer the reservation system.

E. On notice from the board, the state treasurer shall invest and divest the monies in the state parks revenue fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

F. Monies in the state parks revenue fund are exempt from section 35-190, relating to lapsing of appropriations. The purposes for which monies were expended during the preceding fiscal year shall be delineated in the agency's annual report pursuant to section 41-511.12.
A.R.S. § 41-1495.01 — Arizona Code / Title 41 / Chapter 9 / Article 11 / Section 1495.01
41-1495.01 Discriminatory action against religious organizations; prohibition
Status: in_force

41-1495.01. Discriminatory action against religious organizations; prohibition

A. State government or any private person who sues under or attempts to enforce a law, rule or regulation that is adopted by this state or a political subdivision of this state may not take any discriminatory action against a religious organization on the basis that the organization:

1. Is religious.

2. Operates or seeks to operate during a state of emergency.

3. Engages in the exercise of religion as protected under the first amendment of the United States Constitution.

B. During a state of emergency, religious services are declared essential services and are deemed necessary and vital to the health and welfare of the public.

C. State government shall allow a religious organization to continue to operate and engage in religious services during the state of emergency to the same or greater extent than state government allows other organizations or businesses that provide essential services that are necessary and vital to the health and welfare of the public to operate.

D. This section does not prohibit state government from requiring religious organizations to comply with neutral health, safety or occupancy requirements that are issued by the state government or the federal government and that apply to all organizations and businesses that provide essential services. State government may not enforce any health, safety or occupancy requirement that imposes a substantial burden on a religious service unless state government demonstrates that applying the burden to the religious service in that particular instance is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest.
A.R.S. § 41-2998.18 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 2998.18
41-2998.18 Juvenile sex offenders treatment protocol panel; termination July 1, 1998
Status: repealed

41-2998.18. Juvenile sex offenders treatment protocol panel; termination July 1, 1998

A. The juvenile sex offenders treatment protocol panel terminates on July 1, 1998.

B. Section 36-3431.01 is repealed on January 1, 1999.
A.R.S. § 41-1276 — Arizona Code / Title 41 / Chapter 7 / Article 10 / Section 1276
41-1276 Truth in taxation levy for equalization assistance to school districts
Status: in_force

41-1276. Truth in taxation levy for equalization assistance to school districts

(Caution:  1998 Prop. 105 applies)

A. On or before February 15 of each year, the joint legislative budget committee shall compute and transmit the truth in taxation rates for equalization assistance for school districts for the following fiscal year to:

1. The chairpersons of the house of representatives ways and means committee and the senate finance committee, or their successor committees.

2. The chairpersons of the appropriations committees of the senate and the house of representatives, or their successor committees.

B. The truth in taxation rates consist of the qualifying tax rate for a high school district or a common school district within a high school district that does not offer instruction in high school subjects pursuant to section 15-971, subsection B, paragraph 1 and a qualifying tax rate for a unified district, a common school district not within a high school district or a common school district within a high school district that offers instruction in high school subjects pursuant to section 15-971, subsection B, paragraph 2 that will offset the change in net assessed valuation of property that was subject to tax in the prior year.

C. The joint legislative budget committee shall compute the truth in taxation rates as follows:

1. Determine the statewide net assessed value for the preceding tax year as provided in section 42-17151, subsection A, paragraph 3.

2. Determine the statewide net assessed value for the current tax year, excluding the net assessed value of property that was not subject to tax in the preceding year.

3. Divide the amount determined in paragraph 1 of this subsection by the amount determined in paragraph 2 of this subsection.

4. Adjust the qualifying tax rates for the current fiscal year by the percentage determined in paragraph 3 of this subsection in order to offset the change in net assessed value.

D. Except as provided in subsections E and G of this section, the qualifying tax rate for a high school district or a common school district within a high school district that does not offer instruction in high school subjects and the qualifying tax rate for a unified school district, a common school district not within a high school district or a common school district within a high school district that offers instruction in high school subjects for the following fiscal year shall be the rate determined by the joint legislative budget committee pursuant to subsection C of this section. The committee shall transmit the rates to the superintendent of public instruction and the county boards of supervisors by March 15 of each year.

E. If the legislature proposes qualifying tax rates that exceed the truth in taxation rate:

1. The house of representatives ways and means committee and the senate finance committee, or their successor committees, shall hold a joint hearing on or before February 28 and publish a notice of a truth in taxation hearing subject to the following requirements:

(a) The notice shall be published twice in a newspaper of general circulation in this state that is published at the state capital. The first publication shall be at least fourteen but not more than twenty days before the date of the hearing.  The second publication shall be at least seven but not more than ten days before the date of the hearing.

(b) The notice shall be published in a location other than the classified or legal advertising section of the newspaper.

(c) The notice shall be at least one-fourth page in size and shall be surrounded by a solid black border at least one-eighth inch in width.

(d) The notice shall be in the following form, with the "truth in taxation hearing — notice of tax increase" headline in at least eighteen-point type:

Truth in Taxation Hearing

Notice of Tax Increase

In compliance with section 41-1276, Arizona Revised Statutes, the state legislature is notifying property taxpayers in Arizona of the legislature's intention to raise the property tax levy over last year's level.

The proposed tax increase will cause the taxes on a $100,000 home to be $(total proposed taxes including the tax increase). Without the proposed tax increase, the total taxes that would be owed on a $100,000 home would have been $_______.

All interested citizens are invited to attend a public hearing on the tax increase that is scheduled to be held (date and time) at (location).

(e) For the purposes of computing the tax increase on a $100,000 home as required by the notice, the joint meeting of the house of representatives ways and means committee and the senate finance committee, or their successor committees, shall consider the difference between the truth in taxation rate and the proposed increased rate.

2. The joint meeting of the house of representatives ways and means committee and the senate finance committee, or their successor committees, shall consider any motion to recommend the proposed tax rates to the full legislature by roll call vote.

F. In addition to publishing the truth in taxation notice under subsection E, paragraph 1 of this section, the joint meeting of the house of representatives ways and means committee and the senate finance committee, or their successor committees, shall issue a press release containing the truth in taxation notice.

G. Notwithstanding any other law, the legislature shall not adopt a state budget that provides for qualifying tax rates pursuant to section 15-971 that exceed the truth in taxation rates computed pursuant to subsection A of this section unless the rates are adopted by a concurrent resolution approved by an affirmative roll call vote of two-thirds of the members of each house of the legislature before the legislature enacts the general appropriations bill. If the resolution is not approved by two-thirds of the members of each house of the legislature, the rates for the following fiscal year shall be the truth in taxation rates determined pursuant to subsection C of this section and shall be transmitted to the superintendent of public instruction and the county boards of supervisors.

H. Notwithstanding subsection C of this section and if approved by the qualified electors voting at a statewide general election, the legislature shall not set a qualifying tax rate that exceeds $2.1265 for a common or high school district or $4.253 for a unified school district. The legislature shall not set a county equalization assistance for education rate that exceeds $0.5123.

I. Pursuant to subsection C of this section, the qualifying tax rate in tax year 2025 for a high school district or a common school district within a high school district that does not offer instruction in high school subjects as provided in section 15-447 is $1.5606 and for a unified school district, a common school district not within a high school district or a common school district within a high school district that offers instruction in high school subjects as provided in section 15-447 is $3.1212.
A.R.S. § 41-3002.16 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3002.16
41-3002.16 Arizona advisory council on environmental education; termination July 1, 2002
Status: repealed

41-3002.16. Arizona advisory council on environmental education; termination July 1, 2002

A. The Arizona advisory council on environmental education is terminated on July 1, 2002.

B. Title 41, chapter 18 is repealed on January 1, 2003.
A.R.S. § 41-835.05 — Arizona Code / Title 41 / Chapter 4.1 / Article 3 / Section 835.05
41-835.05 Use of names chosen
Status: in_force

41-835.05. Use of names chosen

When the board designates a name for a geographic feature or place of historical significance within this state, the name is the official name for the geographic feature or historic place and shall be used in and on all maps, records, documents and other publications issued by this state or its departments and political subdivisions.
A.R.S. § 41-1029 — Arizona Code / Title 41 / Chapter 6 / Article 3 / Section 1029
41-1029 Agency rule making record
Status: in_force

41-1029. Agency rule making record

A. An agency shall maintain an official rule making record for each rule it proposes by publication in the register of a notice of proposed rule making and each final rule filed in the office of the secretary of state. The record and matter incorporated by reference must be available for public inspection.

B. The agency rule making record shall contain all of the following:

1. A copy of the notice initially filed in the office of the secretary of state.

2. Copies of all publications in the register with respect to the rule or the proceeding on which the rule is based.

3. Copies of any portions of the agency's rule making docket containing entries relating to the rule or the proceeding on which the rule is based.

4. All written petitions, requests, submissions and comments received by the agency and all other written materials considered or prepared by the agency in connection with the rule or the proceeding on which the rule is based.

5. Any official transcript of oral presentations made in the proceeding on which the rule is based, or if not transcribed, any tape recording or stenographic record of those presentations, and any memorandum prepared by a presiding official summarizing the contents of those presentations.

6. A copy of all materials submitted to the council, including the economic, small business and consumer impact statement and the minutes of the council meeting at which the rule was reviewed.

7. A copy of the final rule and preamble.

8. Information requested regarding the experience, technical competence, specialized knowledge and judgment of an agency if the agency relies on section 41-1024, subsection D in the making of a rule and a request is made.

C. On judicial review, the record required by this section constitutes the official agency rule making record with respect to a rule. Except as provided in section 41-1036 or otherwise required by a provision of law, the agency rule making record need not constitute the exclusive basis for agency action on that rule or for judicial review of that rule.
A.R.S. § 41-2617 — Arizona Code / Title 41 / Chapter 23 / Article 9 / Section 2617
41-2617 Contracts for procurement of construction; delay; recovery of damages by contractor
Status: in_force

41-2617. Contracts for procurement of construction; delay; recovery of damages by contractor

A contract for the procurement of construction shall include a provision which provides for negotiations between the state governmental unit and the contractor for the recovery of damages related to expenses incurred by the contractor for a delay for which the state governmental unit is responsible, which is unreasonable under the circumstances and which was not within the contemplation of the parties to the contract.  This section shall not be construed to void any provision in the contract which requires notice of delays, provides for arbitration or other procedure for settlement or provides for liquidated damages.