A.R.S. § 11-254.07 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 254.07
11-254.07 Renewable energy incentive districts; definition
Status: in_force

11-254.07. Renewable energy incentive districts; definition

A. The board of supervisors may designate a renewable energy incentive district in any unincorporated area of the county if all of the following apply:

1. The proposed district consists of a vacant or underused parcel or parcels of property, or any other parcel or parcels of property the board of supervisors deems suitable for renewable energy and storage equipment, that are appropriate sizes for the construction and operation of renewable energy and storage equipment. The board of supervisors may designate large portions of unincorporated county land or noncontiguous portions of land as a renewable energy incentive district or districts.

2. The proposed district is located within an area of the county so that the construction and operation of renewable energy and storage equipment would not be incompatible with other uses of property in the area considering factors relating to the construction and operation of renewable energy and storage equipment, including:

(a) The ability to adequately buffer the district from surrounding incompatible uses.

(b) The noise level emanating from the district alone and in relation to ambient noise levels at the perimeter of the property falling within the proposed district and relative to other adjacent lands.

(c) The extent to which the district would be located in proximity to existing transportation and electrical transmission corridors.

(d) Compatibility with commercial and military air space requirements.

3. The board of supervisors has evaluated the extent to which the proposed district is consistent with the existing county comprehensive plan and has determined that the proposed district does not conflict with the plan. The board of supervisors may determine that the district is not a major amendment to the county comprehensive plan pursuant to section 11-805.

B. Before establishing a renewable energy incentive district, the board of supervisors shall:

1. Identify the boundaries of the proposed district.

2. Notify the owners of private property in the proposed district, property managers of federal and state land in the proposed district and adjacent property owners by first class mail sent to the addresses on the most recent tax roll.  The notice shall be mailed at least fifteen days before the hearing held to adopt the energy incentive plan.

C. If the board of supervisors establishes a renewable energy incentive district, it shall adopt a renewable energy incentive plan to encourage the construction and operation of renewable energy and storage equipment in the district.  The plan may include:

1. Expedited zoning or rezoning procedures.

2. Expedited processing of plans, proposals and permits.

3. Waivers or abatement of county zoning fees, processing fees, and county improvement district fees and assessments for development activities.

4. Waiver or abatement of development standards and procedural requirements.

D. For the purposes of this section, "renewable energy and storage equipment" has the same meaning prescribed in section 42-14155.
A.R.S. § 11-132 — Arizona Code / Title 11 / Chapter 1 / Article 3 / Section 132
11-132 Methods of formation; requirements
Status: in_force

11-132. Methods of formation; requirements

A. Counties may be formed or divided either by legislative enactment, by statewide initiative pursuant to article IV, part 1, section 1, Constitution of Arizona, or by county initiative pursuant to this article. The requirements of this article, however, do not apply to counties formed or divided by legislative enactment or by statewide initiative.

B. A county shall not be formed or divided by county initiative pursuant to this article unless each proposed county would have all of the following qualifications:

1. At least three-fourths of one per cent of the total state assessed valuation and at least the statewide per capita assessed valuation.

2. A population of at least three-fourths of one per cent of the total state population according to the most recent United States decennial census.

3. At least one hundred square miles of privately owned land.

4. Common boundaries with either:

(a) At least three other existing or proposed counties.

(b) At least two other existing or proposed counties and the state boundary.
A.R.S. § 11-584 — Arizona Code / Title 11 / Chapter 3 / Article 11 / Section 584
11-584 Public defender; duties; reimbursement
Status: in_force

11-584. Public defender; duties; reimbursement

A. The public defender, on order of the court, shall defend, advise and counsel any person who is entitled to counsel as a matter of law and who is not financially able to employ counsel in the following proceedings and circumstances:

1. Offenses triable in the superior court or justice courts at all stages of the proceedings, including the preliminary examination.

2. Extradition hearings.

3. Mental disorder hearings only if appointed by the court under title 36, chapter 5.

4. Involuntary commitment hearings held pursuant to title 36, chapter 18, only if appointed by the court.

5. Involuntary commitment hearings held pursuant to title 36, chapter 37, if appointed by the court as provided in section 36-3704, subsection C and the board of supervisors has advised the presiding judge of the county that the public defender is authorized to accept these appointments.

6. Juvenile delinquency and incorrigibility proceedings only if appointed by the court under section 8-221.

7. Appeals to a higher court or courts.

8. All juvenile proceedings other than delinquency and incorrigibility proceedings under paragraph 6 of this subsection, including serving as a guardian ad litem, if appointed by the court pursuant to section 8-221 and the board of supervisors has advised the presiding judge of the county that the public defender is authorized to accept these appointments.

9. All mental health hearings regarding release recommendations that are held in the superior court pursuant to title 13, chapter 38, article 14 and the board of supervisors has advised the presiding judge of the superior court in the county that the public defender is authorized to accept these appointments.

10. As attorneys in any other proceeding or circumstance in which a party is entitled to counsel as a matter of law if the court appoints the public defender and the board of supervisors has advised the presiding judge of the county that the public defender is authorized to accept these appointments as specified.

B. The public defender shall perform the following duties:

1. Keep a record of all services rendered by the public defender in that capacity and file with the board of supervisors an annual report of those services.

2. By December 1 of each year, file with the presiding judge of the superior court, the chief probation officer and the board of supervisors an annual report on the average cost of defending a felony case.

C. Although the services of the public defender or court appointed counsel shall be without expense to the defendant, the juvenile, a parent or any other party, the court may make the following assessments:

1. Order an indigent administrative assessment of not more than $25.

2. Require that the defendant, including a defendant who is placed on probation, or any other party who is appointed counsel under subsection A of this section repay to the county a reasonable amount to reimburse the county for the cost of the person's legal services. Reimbursement for legal services in a guardianship or conservatorship proceeding shall be ordered pursuant to section 14-5414. The court may not order a juvenile or the juvenile's parent or guardian to pay administrative assessments or reimburse the cost of legal services.

D. In determining the amount and method of payment the court shall take into account the financial resources of the defendant and the nature of the burden that the payment will impose.

E. Assessments collected pursuant to subsection C of this section shall be paid into the county general fund in the account designed for use solely by the public defender and court appointed counsel to defray the costs of public defenders and court appointed counsel.  The assessments shall supplement, not supplant, funding provided by counties for public defense, legal defense and contract indigent defense counsel in each county.
A.R.S. § 11-1202 — Arizona Code / Title 11 / Chapter 9 / Article 1 / Section 1202
11-1202 Protected development right; establishment; plan requirements; variance
Status: in_force

11-1202. Protected development right; establishment; plan requirements; variance

A. A county may provide by ordinance or resolution the requirements for a development to be a phased development.  If a county does not adopt an ordinance or resolution that includes the requirements for a development to be a phased development, a plan submitted as a protected development right plan may be identified as a plan for a phased development plan at the time the plan is submitted.

B. A protected development right plan, at a minimum, shall describe with a reasonable degree of certainty all of the following:

1. The proposed uses of the site.

2. The boundaries of the site.

3. Significant topographical and other natural features affecting development of the site.

4. For other than a phased development, the general location on the site of the proposed buildings, structures and other improvements.

5. The number of dwelling units and, for other than a phased development, the square footage and height of the proposed buildings and other structures.

6. The location of all existing and proposed utilities and provision for other infrastructure on the site, including water, sewer, roads and pedestrian walkways.

C. Nothing in this section is intended to or shall preclude a county from establishing additional requirements for submittal or approval of development plans for any land use category or district and such requirements may include traffic reports or studies, drainage reports or studies, master street plans, development phasing schedules and phased public infrastructure schedules. A county shall require submission of a more detailed plan for each phase of a phased development in order to obtain final site development approval to develop the property.

D. A final subdivision plat which meets the requirements of subsection B, may be designated as a protected development right plan by ordinance or resolution of the board of supervisors upon a finding by the board of supervisors that grants a protected development right to undertake and complete the development shown on the final subdivision plat will promote reasonable certainty, stability and fairness in the land use planning and regulatory process and secure the reasonable investment backed expectations of the landowner.

E. A protected development right is established only for the specific elements of the development or other specific matters shown on the approved protected development right plan. A protected development right is not established for any elements or other matters, or portions of any elements of the development or other matters not shown on the approved protected development right plan.

F. The board of supervisors of a county may designate by ordinance or resolution a development plan that is not identified as a protected development right plan at the time it is submitted as a protected development right plan upon a finding by the board of supervisors that granting a protected development right to undertake and complete the development shown on the plan will promote reasonable certainty, stability and fairness in the land use planning and regulatory process and secure the reasonable investment backed expectations of the landowner.

G. A protected development right shall be deemed established with respect to a property on the effective date of a valid approval of a protected development right plan. The protected development right confers on the landowner the right to undertake and complete the development and use of the property under the terms and conditions of the protected development right plan and this article.

H. A county shall not require a landowner to waive a protected development right as a condition of development approval.

I. A protected development right is subject to the terms and conditions imposed by the county on the protected development right plan approval.

J. A protected development right plan approved with a condition or stipulation that a variance be obtained does not confer a protected development right until the necessary variance is obtained. Approval of a protected development right plan does not guarantee approval of a variance.
A.R.S. § 11-671 — Arizona Code / Title 11 / Chapter 4 / Article 4 / Section 671
11-671 Financing wastewater treatment facilities and nonpoint source projects; financial assistance loan repayment agreements; definition
Status: in_force

11-671. Financing wastewater treatment facilities and nonpoint source projects; financial assistance loan repayment agreements; definition

A. Notwithstanding any other law, a county authorized to operate a sewage system pursuant to section 11-264 may construct or improve a wastewater treatment facility or nonpoint source project with monies borrowed from or financial assistance provided by the water infrastructure finance authority of Arizona.

B. To repay financial assistance from the water infrastructure finance authority of Arizona a county may enter into a financial assistance loan repayment agreement with the authority. A financial assistance loan repayment agreement is payable from any revenues otherwise authorized by law to be used to pay long-term obligations. If revenue from a property tax assessment is the designated source of repayment under the agreement, the property tax assessed and levied is a secondary property tax levy for purposes of article IX, Constitution of Arizona.

C. The county board of supervisors shall submit the question of entering and performing a financial assistance loan repayment agreement to the qualified electors voting at a regular or special general election in the county, except that if revenue from a secondary property tax levy is the designated source of repayment or if the project is constructed with an improvement district, the question shall be submitted to the qualified electors at an election held on the first Tuesday following the first Monday in November. Otherwise, an election is not required if voter approval has previously been obtained for substantially the same project with another funding source. If a majority of the qualified electors voting on the question:

1. Approves, the board of supervisors may execute, deliver and perform the financial assistance loan repayment agreement.

2. Disapproves, the board of supervisors shall not execute a financial assistance loan repayment agreement.

D. Payments made pursuant to a financial assistance loan repayment agreement are not subject to section 42-17106.

E. A financial assistance loan repayment agreement entered into pursuant to this section shall contain the covenants and conditions pertaining to the construction of a wastewater treatment facility or nonpoint source project and repayment of the loan as the water infrastructure finance authority of Arizona deems proper.  Financial assistance loan repayment agreements may provide for the payment of interest on the unpaid principal balance of such agreement at the rates established in the agreement. The agreement may also provide for payment of the county's proportionate share of the expenses of administering the clean water revolving fund established by section 49-1221 and may provide that the county pay financing and loan administration fees approved by the water infrastructure finance authority. These costs may be included in the levy or assessment amounts pledged to repay the financial assistance.  Counties are bound by and shall fully perform the loan repayment agreements, and the agreements are incontestable after the loan is funded by the water infrastructure finance authority of Arizona.  The county shall also agree to pay the authority's costs in issuing bonds or otherwise borrowing to fund a loan.

F. A financial assistance loan repayment agreement under this section does not create a debt of the county, and the authority shall not require that payment of a financial assistance loan agreement be made from other than those sources permitted in subsection B of this section.

G. A county may employ attorneys, accountants, financial consultants and such other experts in their field as deemed necessary to perform services with respect to the financial assistance loan repayment agreement.

H. This section is supplemental and alternative to any other law under which a county may borrow money or issue bonds. This section shall not be construed as the exclusive authorization to enter into loan agreements with the authority.

I. A county may borrow additional monies or enter into additional financial assistance loan repayment agreements with the water infrastructure finance authority in an amount up to the amount approved by the voters pursuant to subsection C of this section less the amount that the county is already obligated to repay to the water infrastructure finance authority pursuant to a financial assistance loan repayment agreement.

J. For purposes of this section, "nonpoint source project" has the same meaning as prescribed in section 49-1201.
A.R.S. § 11-274 — Arizona Code / Title 11 / Chapter 2 / Article 5 / Section 274
11-274 Bond register
Status: in_force

11-274. Bond register

A. The treasurer shall keep a register of all bonds sold by number, date of sale, amount, date of maturity and the name and address of the purchaser.

B. When a bond is sold by a holder, the purchaser shall notify the treasurer of the purchase, giving the number of the bond and his address, and every transfer shall be noted on the register.
A.R.S. § 11-981 — Arizona Code / Title 11 / Chapter 7 / Article 5 / Section 981
11-981 Payment of benefits, losses and claims; establishment of trust funds; definition
Status: in_force

11-981. Payment of benefits, losses and claims; establishment of trust funds; definition

A. In addition to authority granted pursuant to other provisions of law or city charter, any city, town, county, special health care district organized pursuant to title 48, chapter 31, political subdivision entity or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors may procure insurance from any insurer authorized by the director of the department of insurance and financial institutions or may establish a self-insurance program for the management and administration of a system for direct payment of benefits, losses or claims or any combination of insurance and direct payments, and including risk management consultation, to provide:

1. Health, accident, life or disability benefits for employees and officers of the city, town, county, special health care district organized pursuant to title 48, chapter 31 or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors and their dependents.

2. Payment of any property loss sustained or lawful claim of liability or fortuitous loss made against the city, town, county, special health care district organized pursuant to title 48, chapter 31, political subdivision entity or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors or its elected or appointed officials, employees or officers if such elected or appointed officials, employees or officers are acting within the scope of employment or authority.

B. If any city, town, county, special health care district organized pursuant to title 48, chapter 31, political subdivision entity or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors establishes a self-insurance program for the management and administration of a system for direct payment of benefits, losses or claims pursuant to subsection A, the governing body of such city, town, county, special health care district organized pursuant to title 48, chapter 31, political subdivision entity or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors shall place all monies into a trust fund for the purposes of this section in amounts as determined appropriate by the governing body of the city, town, county, special health care district organized pursuant to title 48, chapter 31, political subdivision entity or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors, except that any city, town, county, special health care district organized pursuant to title 48, chapter 31 or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors establishing such a trust fund shall:

1. Designate a risk management consultant or insurance administrator licensed pursuant to title 20, chapter 2, article 3 or 9, and such license shall be verified by the governing body of the city, town, county, special health care district organized pursuant to title 48, chapter 31 or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors.

2. The trust shall be administered by at least five joint trustees, of whom not more than one may be a member of the governing body of the city, town, county, special health care district organized pursuant to title 48, chapter 31, political subdivision entity or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors and not more than one may be an employee of the city, town, county, special health care district organized pursuant to title 48, chapter 31 or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors.

3. The trustees of the trust must be bonded, a stop-loss provision must be incorporated in the trust agreement and an annual audit must be performed by an external auditor and a copy of the report kept on file in the offices of the governing body of the city, town, county, special health care district organized pursuant to title 48, chapter 31 or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors for a period of not less than five years.

4. Not make any expenditure from the trust fund for any purpose not specified in this article.

C. Expenditures during the fiscal year from the trust fund and monies in the trust fund at the close of the fiscal year shall not be subject to the provisions of title 42, chapter 17, article 3.

D. In the event that such a trust fund is no longer used by the city, town, county, special health care district organized pursuant to title 48, chapter 31, political subdivision entity or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors for the purposes herein set forth, it shall revert during that fiscal year to the general fund of such city, town, county, special health care district organized pursuant to title 48, chapter 31, political subdivision entity or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors.

E. The authority granted to a city, town, county, special health care district organized pursuant to title 48, chapter 31, a political subdivision entity or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors by this section is not subject to title 20, except that any health, life, accident or disability benefit plan shall conform to the benefits required by title 20.

F. This section does not authorize any city, town, county, special health care district organized pursuant to title 48, chapter 31, political subdivision entity or other political subdivision that is located in a county with a population of more than one million persons and whose governing body is composed of members of a county board of supervisors to procure insurance from any insurer not authorized by the director of the department of insurance and financial institutions.

G. For the purposes of this section, "political subdivision entity" has the same meaning prescribed in section 38-711.
A.R.S. § 11-652 — Arizona Code / Title 11 / Chapter 4 / Article 2.1 / Section 652
11-652 Title to equipment
Status: in_force

11-652. Title to equipment

Title to the equipment which is the subject of a lease-purchase agreement made under the terms of this article shall be maintained in the seller until payment of the full purchase price has been made by the county.
A.R.S. § 11-663 — Arizona Code / Title 11 / Chapter 4 / Article 3 / Section 663
11-663 Annual statements to state treasurer
Status: in_force

11-663. Annual statements to state treasurer

A. The board shall have prepared by the clerk, under its direction, prior to its regular January meeting, a statement in duplicate showing:

1. The indebtedness of the county, funded and floating, the amount of each class of indebtedness, the rate of interest borne by each class or any part thereof and the amount of money in the county treasury subject to payment of the indebtedness.

2. A concise description of all property owned by the county with an estimate of the value thereof.

3. The rate of taxation for county purposes, as shown by the last levy made by the board.

B. One of the statements shall be filed with the board at the opening of the January meeting, and the other forwarded immediately to the state treasurer, who shall include in his report to the governor a digest and synopsis, in tabular form, of the reports received by him naming therein the counties failing to make such reports.
A.R.S. § 11-1902 — Arizona Code / Title 11 / Chapter 14 / Article 1 / Section 1902
11-1902 State preemption; uniform regulation and licensing
Status: in_force

11-1902. State preemption; uniform regulation and licensing

A. The licensing of video service providers and the regulation and use of video service are matters of statewide concern.  Except as provided in this chapter, the licensing of video service providers and the regulation and use of video service are not subject to further regulation by a county.  The regulation of video service pursuant to this chapter, including application to the local licenses of incumbent cable operators, is reasonable and necessary to promote all of the following:

1. Provision of competitive video, telecommunications and information service throughout this state.

2. More uniform regulation of competitive video service throughout this state.

3. Streamlined licensing by counties and more uniform terms and conditions for video service providers that use highways to provide video and other services over video service networks.

4. Continued management by counties of use of their highways with reasonable burdens on construction and maintenance across boundaries for video service providers to use highways to provide video and other services over video service networks.

5. Continued levying of license fees by counties on subscriber service revenues derived from operating video service networks to provide video service.

6. Support for federal subscriber service standards.

B. To the fullest extent allowed by federal law, this chapter occupies the entire field of licensing and regulation of video service.

C. Except as otherwise provided in this chapter, from and after December 31, 2019 this chapter preempts and limits the ability of a county to regulate or enforce all of the following:

1. The application of title 9, chapter 5, article 1.1 to video service providers.

2. Any local law and any agreement with a county that does any of the following:

(a) Requires a person other than a holdover cable operator to obtain or hold from a county any license, permit or similar authorization that is a prerequisite to providing video service or to constructing, maintaining or using the highways to operate a video service network in the highways within its boundaries.

(b) Regulates the provision of video service or the construction or operation of a video service network if the local law does not conform to this chapter.

(c) Imposes on a video service provider any requirement that is related to infrastructure, facilities or deployment of equipment that does not conform to this chapter, including office location, institutional network, build-out, line extension, investment or other operational requirements that are not directly related to the county's management of development, use and occupancy of the highways.

(d) Requires a video service provider to obtain a license or other authorization from the county to provide telecommunications service, information service, interactive computer service or other service if the video service provider uses its video service network within the boundaries of the county to provide the service.

(e) Requires a video service provider to pay to locate in ducts or conduits or on poles owned by the county if the county requires installation in the ducts or conduits or on the poles.
A.R.S. § 11-262 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 262
11-262 Contribution to arts organizations
Status: in_force

11-262. Contribution to arts organizations

The board of supervisors of a county may appropriate monies each year from the general fund to support an arts support fund. The board may expend the monies in aid of the following:

1. Any arts organizations operated and maintained within the boundaries of the county for the benefit of the public by any nonprofit corporation in the county as long as the nonprofit corporation has and maintains its federal tax-exempt status and its status as a corporation to which donations are deductible for the purpose of computing federal income tax.

2. Any arts organizations operated and maintained by any incorporated city or town in the county.
A.R.S. § 11-931 — Arizona Code / Title 11 / Chapter 7 / Article 2 / Section 931
11-931 Definitions
Status: in_force

11-931. Definitions

In this article, unless the context otherwise requires:

1. "Governing body" means the board of supervisors of a county, or the council or other governing body of a municipality, as the case may be.

2. "Municipality" means an incorporated city or town.

3. "Public park" means a park, parkway, trail, recreational area or playground established, maintained or administered by a county, city or town.
A.R.S. § 11-591 — Arizona Code / Title 11 / Chapter 3 / Article 12 / Section 591
11-591 Definitions
Status: in_force

11-591. Definitions

In this article, unless the context otherwise requires:

1. "Alternate medical examiner" means a physician who has training and competence in the principles of death investigation and who performs or directs the conduct of death investigations.

2. "Autopsy" means a surgical procedure in which internal organs are exposed, removed or examined for the identification of trauma or natural disease.

3. "Death investigation" means the investigation directed by a county medical examiner or alternate medical examiner into the circumstances surrounding a death occurring as prescribed in section 11-593.

4. "External examination" means an external inspection of a body.

5. "Forensic pathologist" means a physician who has successfully completed a pathology residency and a forensic fellowship or has extensive experience performing forensic autopsies in an official capacity.

6. "Investigative information" means information received by a medical examiner or alternate medical examiner from law enforcement, witnesses, family members, health care personnel or medical death investigators concerning cause and manner of death.

7. "Medical death investigator" means a person trained in the principles of death investigation.

8. "Medical examiner" means a forensic pathologist who performs or directs the conduct of death investigations.

9. "Nurse practitioner" means a person licensed and certified pursuant to title 32, chapter 15.

10. "Organ procurement organization" means an organization located within this state that meets the requirements of 42 United States Code section 273.

11. "Pathologist assistant" means a person certified as a pathologist assistant who has graduated from a pathologist assistant training program approved by a national accrediting agency for clinical laboratory sciences.

12. "Physician" means a person licensed pursuant to title 32, chapter 13 or 17.

13. "Tissue bank" means a person that is licensed or regulated under federal or state law or accredited by a nationally recognized accrediting organization to engage in the recovery, screening, testing, processing, storage or distribution of tissue.
A.R.S. § 11-351 — Arizona Code / Title 11 / Chapter 2 / Article 10 / Section 351
11-351 Definitions
Status: in_force

11-351. Definitions

In this article, unless the context otherwise requires:

1. "Board" means the board of supervisors.

2. "Clerk" means the clerk of the board of supervisors.

3. "Commission" means the county employee merit system commission.
A.R.S. § 11-321 — Arizona Code / Title 11 / Chapter 2 / Article 9 / Section 321
11-321 Building permits; issuance; state preemption; utilities; distribution of copies; subsequent owner; limitation; definition
Status: in_force

11-321. Building permits; issuance; state preemption; utilities; distribution of copies; subsequent owner; limitation; definition

A. Except in those cities and towns that have an ordinance relating to the issuance of building permits, the board of supervisors shall require a building permit for any construction of a building or an addition to a building exceeding a cost of $1,000 within its jurisdiction. The building permit shall be filed with the board of supervisors or its designated agent.

B. The regulation of a utility provider's authority to operate and serve customers is a matter of statewide concern. The regulation of building permits as it relates to a building permit applicant's ability to use a utility provider that is capable and authorized to provide utility service is allowed solely in accordance with subsections C and D of this section.  A building permit applicant's ability to use a utility provider that is capable and authorized to provide utility service is not subject to further regulation by a county.

C. A county may not deny a permit application based on the utility provider proposed to provide utility service to the project.

D. A county issuing a building permit shall ensure that all applicable permits and associated fees assessed on a building permit applicant contain requirements and amounts that do not exceed the requirements and amounts for use of other utility providers and do not have the effect of restricting a permit applicant's ability to use the services of a utility provider that is capable and authorized to provide utility service.

E. The board of supervisors may not require an applicant for a building permit to hold a transaction privilege tax license or business license as a condition for issuing the building permit.

F. Where deemed of public convenience, the board of supervisors shall allow the application for and the issuance of building permits by mail.

G. One copy of the building permit required by the terms of subsection A of this section shall be transmitted to the county assessor and one copy shall be transmitted to the director of the department of revenue. The permit copy provided to the assessor and the department of revenue shall have the permit number, the issue date and the parcel number for which the permit is issued. On the issuance of the certificate of occupancy or the certificate of completion or on the expiration or cancellation of the permit, the assessor and the department of revenue shall be notified in writing or in electronic format of the permit number, parcel number, issue date and completion date.

H. If a person has constructed a building or an addition to a building without obtaining a building permit, a county shall not require a subsequent owner to obtain a permit for the construction or addition done by the prior owner before issuing a permit for a building addition except that this section does not prohibit enforcing an applicable ordinance or code provision that affects the public health or safety.

I. This section does not prohibit a county from recovering reasonable costs associated with reviewing and issuing a building permit.

J. This section does not affect any authority of a county to manage or operate a county-owned utility.

K. For the purposes of this section, "utility service" means water, wastewater, natural gas, including propane gas, or electric service provided to an end user.
A.R.S. § 11-269.29 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 269.29
11-269.29 Youth businesses; license; permit; exemption
Status: in_force

11-269.29. Youth businesses; license; permit; exemption

Notwithstanding any other law, a county may not require any type of license or permit for a business that is both of the following:

1. Operated by a person who is under nineteen years of age.

2. Operated only occasionally.
A.R.S. § 11-586 — Arizona Code / Title 11 / Chapter 3 / Article 11 / Section 586
11-586 Provision for deputies, assistants and employees
Status: in_force

11-586. Provision for deputies, assistants and employees

A. The public defender, with the consent and at salaries fixed by the board of supervisors, may appoint those full-time and part-time deputies, and hire stenographers and assistants necessary to conduct the affairs of their respective offices. The appointments shall be in writing.

B. Deputies shall hold office at the pleasure of the officer appointing them and the board of supervisors.

C. Wherever possible, part-time deputies shall be appointed at minimal salaries to supplement the regular staff of the office of the public defender. When these deputies are appointed, the public defender shall make every effort, which does not interfere with the faithful performance of his duties, to acquaint them fully with all phases of the activities of his office.
A.R.S. § 11-630 — Arizona Code / Title 11 / Chapter 4 / Article 2 / Section 630
11-630 Action upon rejected or partially allowed demand
Status: in_force

11-630. Action upon rejected or partially allowed demand

A. A claimant dissatisfied with the rejection of his demand, or with the amount allowed thereon, may sue the county therefor at any time within six months after final action of the board, but not afterward. If in the action judgment is recovered for more than the board allowed, the board shall allow and pay the judgment, together with the costs adjudged, but if no more is recovered than was originally allowed by the board, the board shall pay the claimant only such amount.

B. A claimant may accept the amount allowed and sue for the balance of his demand, and this action shall not be barred by the acceptance of the amount allowed.
A.R.S. § 11-818.01 — Arizona Code / Title 11 / Chapter 6 / Article 2 / Section 818.01
11-818.01 Disclosure of filing; military installation or range or Arizona national guard site; definitions
Status: in_force

11-818.01. Disclosure of filing; military installation or range or Arizona national guard site; definitions

A. A county that contains any portion of a military installation or range or Arizona national guard site or contains any portion of the influence area of a military installation or range or Arizona national guard site, as delineated in the map prepared by the state land department pursuant to section 37-102, shall notify the office of the military installation or range or Arizona national guard site commander when an application is deemed complete by the county to do any of the following in any portion of the influence area:

1. Amend, modify or change a general plan or comprehensive plan land use designation.

2. Establish, amend, modify or change an area plan, character plan, master development plan or site plan.

3. Amend, modify or change the zoning designation, overlay zoning designation or the regulations related to allowed uses, structure or building heights or outdoor lighting in the applicable designations.

4. Subdivide the property or otherwise divide the property, including any land division, into five or fewer lots, regardless of the proposed development or use.

B. The county shall provide the notice required pursuant to subsection A of this section by providing a copy of the application and the relevant documentation that is necessary to adequately describe the proposed application pursuant to subsection A of this section. The notice shall include procedures for providing electronic or written comments and the date comments must be received.

C. In all cases, comments from the military installation or range or Arizona national guard site shall be received by the county seven days before the first public hearing. If the application does not require a public hearing, comments shall be provided to the county within the normal review and comment timelines for such application. If comments are provided, this section does not require a public hearing for comments on applications that do not otherwise require a public hearing.

D. If the military installation or range or Arizona national guard site chooses not to submit official comments and a public hearing is required, the county shall note at the public hearing that the military installation or range or Arizona national guard site was notified and has not provided comment on the application.

E. This section does not require a county to deny any application, permit, approval or authorization based on the existence of the military installation or range or Arizona national guard site or its proximity to the parcel of real estate.

F. This section does not require a county to meet the notification requirements of this section if the state land department has not prepared maps of military installations or ranges or Arizona national guard sites.

G. For the purposes of this section:

1. "Influence area" means all property located within two miles of the exterior perimeter or fence line of the military installation or range or Arizona national guard site.

2. "Military installation or range or Arizona national guard site":

(a) Includes:

(i) United States naval observatory Flagstaff station.

(ii) Barry M. Goldwater range.

(iii) Yuma proving grounds.

(iv) Buckeye training site.

(v) Camp Navajo.

(vi) Florence military reservation.

(vii) Papago park military reservation.

(viii) Picacho peak stagefield.

(ix) Rittenhouse training site.

(x) Silverbell army heliport.

(b) Does not include:

(i) The Laguna army airfield.

(ii) Any military airport or ancillary military facility as defined in section 28-8461.
A.R.S. § 11-269.05 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 269.05
11-269.05 Vehicle refueling apparatus
Status: in_force

11-269.05. Vehicle refueling apparatus

Notwithstanding any other law and because the legislature finds it is a matter of statewide concern, a county shall not effectively prohibit the installation or use of a vehicle refueling apparatus as defined in section 43-1086.01.  This section does not preclude a county from ensuring the proper installation of a vehicle refueling apparatus to protect public health and safety.
A.R.S. § 11-952.01 — Arizona Code / Title 11 / Chapter 7 / Article 3 / Section 952.01
11-952.01 Public agency pooling of property, fidelity, liability, workers' compensation, life, health, accident and disability coverage; exemptions; board of trustees; contract; termination; audit; insolvency; definition
Status: in_force

11-952.01. Public agency pooling of property, fidelity, liability, workers' compensation, life, health, accident and disability coverage; exemptions; board of trustees; contract; termination; audit; insolvency; definition

A. In addition to other authority granted pursuant to this title, two or more public agencies may enter into contracts or agreements pursuant to this article for the joint purchasing of insurance, including prepaid legal insurance or reinsurance, or to pool retention of their risks for property, fidelity and liability losses and to provide for the payment of such property loss, fidelity loss, prepaid legal insurance or claim of liability made against any member of the pool, including any elected or appointed official, officer or employee covered by the pool, on a cooperative or contract basis with one another or may jointly form a nonprofit corporation or enter into a trust agreement to carry out this section in their behalf directly or by contract with a private party.

B. In addition to other authority granted pursuant to this title, two or more public agencies may enter into contracts or agreements pursuant to this article to establish a workers' compensation pool to provide for the payment of workers' compensation claims pursuant to title 23, chapter 6 on a cooperative or contract basis with one another or may jointly form a nonprofit corporation or enter into a trust agreement to carry out this section in their behalf directly or by contract with a private party. A workers' compensation pool established pursuant to this subsection may provide coverage for workers' compensation, employers' liability and occupational disease claims.  A workers' compensation pool is subject to approval as a self-insurer by the industrial commission of Arizona pursuant to section 23-961, subsection A, paragraph 2 and is subject to title 23, chapter 6 and rules adopted pursuant to that chapter in addition to the requirements of this section. The industrial commission of Arizona, by rule, resolution or order, may adopt requirements for the administration of a workers' compensation pool under this subsection, including separation or commingling of funds, accounting, auditing, reporting, actuarial standards and procedures.

C. In addition to other authority granted pursuant to this title, two or more public agencies may enter into contracts or agreements for the joint purchase of life insurance, disability insurance, accident insurance or health benefits plan insurance or may pool retention of their risks of loss for life, disability, health or accident claims made against any public agency member of the pool or to jointly provide the health and medical services authorized in section 36-2907. Public agencies may establish pools for the purposes of this subsection by any of the following methods:

1. On a cooperative or contract basis.

2. By the formation of a nonprofit corporation.

3. By contracts or intergovernmental agreements with the Arizona health care cost containment system administration.

4. By the execution of a trust agreement directly by the agencies or by contracting with a third party.

D. In addition to other authority granted pursuant to this title, two or more public agencies may enter into contracts or agreements pursuant to this article for the joint purchasing of insurance for property, liability or workers' compensation losses or to pool retention of their risks for property and liability loss to cover the public agency, its elected officials and employees and the contractor and subcontractor of every tier engaged in the performance of a construction project for the public agency.  Public agencies may establish pools for the purposes of this subsection by any of the following methods:

1. On a cooperative or contract basis.

2. By the formation of a nonprofit corporation.

3. By the execution of a trust agreement directly by the agencies or by contracting with a third party.

E. Section 10-11301 does not apply to nonprofit corporations formed pursuant to this section.

F. Title 41, chapter 23 does not apply to the procurement of insurance or reinsurance, or to the procurement of the services provided for in subsection K, paragraph 8 of this section, by any pool established pursuant to this section.

G. Title 43 does not apply to any pool established pursuant to this section. Any pool established pursuant to this section is exempt from taxation under title 43.

H. Each pool shall be operated by a board of trustees consisting of at least three persons who are elected officials or employees of public entities within this state.  The board of trustees shall notify the director of the department of insurance and financial institutions of the existence of the pool and shall file with the director and with the attorney general a copy of the intergovernmental agreement or contract.    The board of trustees of each group shall do all of the following:

1. Establish terms and conditions of coverage within the pool, including exclusions of coverage.

2. Ensure that all claims are paid promptly.

3. Take all necessary precautions to safeguard the assets of the group.

4. Maintain minutes of its meetings.

5. Designate an administrator to carry out the policies established by the board of trustees and to provide day-to-day management of the group and delineate in the written minutes of its meetings the areas of authority it delegates to the administrator.

6. If the pool is a workers' compensation pool, file a copy of the agreement with the director of the industrial commission of Arizona.

I. If the pool includes private, nonprofit educational institutions, each private, nonprofit educational institution shall post a bond, cash deposit or other comparable financial security in an amount that is equal to at least one and one-half times the amount of the private, nonprofit educational institution's annual premium to ensure payment of the school's or institution's legal liabilities and other obligations if the pool is determined to be insolvent or is otherwise found to be unable to discharge the pool's legal liabilities and other obligations pursuant to subsection N of this section.

J. The board of trustees shall not:

1. Extend credit to individual members for payment of a premium, except pursuant to payment plans established by the board.

2. Borrow any monies from the group or in the name of the group except in the ordinary course of business.

K. In addition to the requirements of section 11-952, a contract or agreement made pursuant to this section shall contain the following:

1. A provision for a system or program of loss control.

2. A provision for termination of membership, including either:

(a) Cancellation of individual members of the pool by the pool.

(b) Election by an individual member of the pool to terminate its participation.

3. A provision requiring the pool to pay all claims for which each member incurs liability during each member's period of membership.

4. A provision stating that each member is not relieved of its liability incurred during the member's period of membership except through the payment of losses by the pool or by the member.

5. A provision for the maintenance of claim reserves equal to known incurred losses and an estimate of incurred but not reported claims.

6. A provision for a final accounting and settlement of the obligations of or refunds to a terminating member to occur when all incurred claims are concluded, settled or paid.

7. A provision that the pool may establish offices where necessary in this state and employ necessary staff to carry out the purposes of the pool.

8. A provision that the pool may retain legal counsel, actuaries, auditors, engineers, private consultants and advisors.

9. A provision that the pool may make and alter bylaws and rules pertaining to the exercise of its purpose and powers.

10. A provision that the pool may purchase, lease or rent real and personal property it deems necessary.

11. A provision that the pool may enter into financial services agreements with banks and other financial institutions, that it may issue checks in its own name and that it may invest its monies in equity securities, mutual funds and investment funds registered with the United States securities and exchange commission, debt obligations and any eligible investment allowed by section 35-323.

L. A pool or a terminating member shall provide at least ninety days' written notice of the termination or cancellation.  A workers' compensation pool shall notify the industrial commission of Arizona of the termination or cancellation of a member thirty days before the termination or cancellation of the member.

M. The pool shall be audited annually at the expense of the pool by a certified public accountant, with a copy of the report submitted to the governing body or chief executive officer of each member of the pool and to the director of the department of insurance and financial institutions.  The board of trustees of the pool shall obtain an appropriate actuarial evaluation of the claim reserves of the pool, including an estimate of the incurred but not reported claims. The department of insurance and financial institutions shall examine each public agency pool once every five years.  The director of the department of insurance and financial institutions may examine a public agency pool sooner than five years from the preceding examination if the director has reason to believe that the pool is insolvent. The costs of any examination shall be paid by the pool subject to the examination.

N. If, as a result of the annual audit or an examination by the director of the department of insurance and financial institutions, it appears that the assets of the pool are insufficient to enable the pool to discharge its legal liabilities and other obligations, the director of the department of insurance and financial institutions shall notify the administrator and the board of trustees of the pool of the deficiency and the director's list of recommendations to abate the deficiency, including a recommendation not to add any new members until the deficiency is abated.  If the pool fails to comply with the recommendations within sixty days after the date of the notice, the director shall notify the chief executive officer or the governing bodies, if any, of the members of the pool, the governor, the president of the senate and the speaker of the house of representatives that the pool has failed to comply with the recommendations of the director.

O. If a pool is determined to be insolvent or is otherwise found to be unable to discharge its legal liabilities and other obligations, each agreement or contract shall provide that the members of the pool shall be assessed on a pro rata basis as calculated by the amount of each member's annual contribution in order to satisfy the amount of deficiency.  The assessment shall not exceed the amount of each member's annual contribution to the pool.

P. A pool established pursuant to this section may make available programs providing for insurance coverages described in subsections A, B and C of this section to those charter schools governed by section 15-183, subsection M and, except for a workers' compensation pool, to private, nonprofit educational institutions.

Q. In addition to the authority set forth in this title, a pool established pursuant to this section may invest public monies on behalf of pool members, but any such investments shall be limited to those allowed by section 35-323, except as provided in section 15-1225, subsection G.  A pool established pursuant to this section may not invest monies that are required by law to be deposited with a county treasurer.

R. A pool established pursuant to this section, by the adoption of a resolution of continuing effect, may authorize and request the state treasurer to invest funds for the pool pursuant to section 35-326.

S. A pool established pursuant to this section may offer services on behalf of pool participants that participate in the unemployment insurance program administered by the department of economic security, including the option to make payments in lieu of contributions as allowed by sections 23-750 and 23-751.  The pool is deemed an agent of the pool participants as employers for the purposes of title 23, chapter 4.

T. For the purposes of this section, "health benefits plan" means a hospital or medical service corporation policy or certificate, a health care services corporation contract, a multiple employer welfare arrangement or any other arrangement under which health and medical benefits and services are provided to two or more persons.
A.R.S. § 11-864 — Arizona Code / Title 11 / Chapter 6 / Article 5 / Section 864
11-864 Publication of ordinance adopting code
Status: in_force

11-864. Publication of ordinance adopting code

Any code authorized by this article may be enacted without setting forth in full the provisions, but the adopting ordinance shall be published in full. At least three paper copies or one paper copy and one electronic copy maintained in compliance with section 44-7041 of the code shall be filed in the office of the clerk of the board of supervisors or the county planning and zoning department and kept available for public use and inspection. A code enacted by reference may be amended in the same manner.
A.R.S. § 11-470 — Arizona Code / Title 11 / Chapter 3 / Article 3 / Section 470
11-470 Receipt for instrument
Status: in_force

11-470. Receipt for instrument

When an instrument authorized by law to be recorded is deposited in the recorder's office for record, the recorder shall give to the person depositing the instrument, if required, a receipt specifying the particulars thereof.
A.R.S. § 11-467 — Arizona Code / Title 11 / Chapter 3 / Article 3 / Section 467
11-467 Recorded documents; notice to named party
Status: in_force

11-467. Recorded documents; notice to named party

Not later than January 1, 2025, the recorder shall provide a system for notifying a person or entity when any document is recorded in which the person or entity is a named party to the instrument.  The system shall allow a person or entity to choose to participate and is voluntary for the person or entity, and the notice shall be provided promptly by email, text message or other similar means.
A.R.S. § 11-1401 — Arizona Code / Title 11 / Chapter 10 / Article 1 / Section 1401
11-1401 Definitions
Status: in_force

11-1401. Definitions

In this chapter, unless the context otherwise requires:

1. "Adult day health services" has the same meaning prescribed in section 36-401.

2. "Adult foster care services" has the same meaning prescribed in section 36-401.

3. "Ambulance" has the same meaning prescribed in section 36-2201.

4. "Board of directors" or "board" means the board of directors of a nonprofit corporation that operates a community health system pursuant to this chapter.

5. "Board of supervisors" means the board of supervisors of the sponsoring county.

6. "Bonds" means any bonds, refunding bonds, notes or other debt instrument issued by a nonprofit corporation under this chapter.

7. "Community health system" means the health system maintained, owned or operated by a nonprofit corporation after the transfer date under this chapter.

8. "County health system" means the health system maintained, owned or operated by the sponsoring county immediately before the transfer date.

9. "Emergency medical services" has the same meaning prescribed in section 36-2201.

10. "Health care institution" has the same meaning prescribed in section 36-401.

11. "Health-related services" has the same meaning prescribed in section 36-401.

12. "Health screening services" has the same meaning prescribed in section 36-401.

13. "Health system" means any health care institution and all related real and personal property including, without limitation, all clinics, rehabilitation centers, therapy facilities, outpatient clinics, nursing homes, blood banks, ambulance facilities, extended care facilities, dispensaries, pharmacies, parking facilities, laundry facilities, dormitories, offices and administration buildings, cafeterias and food service facilities, research, laboratory and diagnostic facilities, libraries, information systems and data bases, ambulances, stretcher vans and other medical transportation equipment, education facilities, school-based clinics, equipment, tools, machinery, accounts receivable and other intangible assets, health maintenance organizations, health care services organizations and health insurance plans, including all related reserves, deposits, prepayments, risk pools and similar assets of these organizations and plans, graduate medical and other health care professional educational programs, public health education programs and business operations, in each case maintained, owned or operated for the payment and delivery of medical services, nursing services, home health services, home delivery services, emergency medical services, behavioral health services, long-term care services, health-related services and health screening services, adult day health services, adult foster care services, hospice services, personal care services, respite care services, supervisory care services and medical equipment services.

14. "Health system assets" means all real, personal, tangible and intangible property and rights in property that are used by or accruing to the county health system.

15. "Health system liabilities" means all contingent and accrued debts and other obligations arising out of the maintenance, ownership or operation of the county health system.

16. "Hospice services" has the same meaning prescribed in section 36-401.

17. "Internal revenue code" has the same meaning prescribed in section 42-1001.

18. "Lease agreement" means any agreement providing for the lease and conveyance, if any, of health system assets to a nonprofit corporation under this chapter. A lease agreement may be made a part of an operating agreement.

19. "Medical services" has the same meaning prescribed in section 36-401.

20. "Nonprofit corporation" or "corporation" means a nonprofit corporation that is organized under title 10 and that is qualified or will qualify under section 501(c)(3) of the internal revenue code.

21. "Nursing services" has the same meaning prescribed in section 36-401.

22. "Operating agreement" or "agreement" means an agreement between the sponsoring county and a nonprofit corporation under this chapter for the corporation to assume the health care responsibilities previously performed by the county, including all arrangements and understandings, including a lease agreement, between the county and corporation.

23. "Personal care services" has the same meaning prescribed in section 36-401.

24. "Respite care services" has the same meaning prescribed in section 36-401.

25. "Sponsoring county" means a county that enters into an operating agreement under this chapter.

26. "Supervisory care services" has the same meaning prescribed in section 36-401.

27. "Transfer date" means a date, agreed to by the sponsoring county and a nonprofit corporation, for the lease of any health system assets and the assumption of all or part of the health system liabilities by the corporation.
A.R.S. § 11-1944 — Arizona Code / Title 11 / Chapter 14 / Article 4 / Section 1944
11-1944 Ownership of a video service network
Status: in_force

11-1944. Ownership of a video service network

Except for the purposes of acting as an intermediary in a transfer of a uniform video service license, a county may not own a video service network.
A.R.S. § 11-254.09 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 254.09
11-254.09 Water improvements program; grants; requirements; annual report
Status: in_force

11-254.09. Water improvements program; grants; requirements; annual report

A. The board of supervisors may establish a program to allow persons to make gifts, grants or donations for the purpose of providing financial assistance to qualified owners of residential real property for making improvements to an existing drinking water well or providing for a water delivery system for the residence.

B. The board shall designate an entity to operate the program, to establish criteria for grants and to award grants as prescribed by this section.  The entity may be a county agency, department or division or may be a private, nonprofit corporation as determined by the board of supervisors.

C. The program shall do all of the following:

1. Limit grant recipients to persons who are low-income or fixed-income owners of residential property.

2. Develop application criteria and criteria for awarding grants.

3. Restrict a grant recipient's use of grant monies to deepening an existing drinking water well for the recipient's residence or to plumbing or replumbing the recipient's residence for a water delivery system.

D. The board of supervisors may not use general county monies for grants under the program.

E. The entity that operates the program shall make and submit to the county board of supervisors, the president of the senate and the speaker of the house of representatives on or before July 1 of each year a report containing a description of program operations of the preceding year, including the amount of gifts, grants or donations received and the grants awarded.
A.R.S. § 11-293 — Arizona Code / Title 11 / Chapter 2 / Article 7 / Section 293
11-293 Long-term care; counties; duties; requirements for payment; home health care
Status: in_force

11-293. Long-term care; counties; duties; requirements for payment; home health care

A. From and after October 1, 1989, each county shall provide nursing care institution services, supervisory care services or adult foster care services for indigent persons qualified for hospitalization and medical care pursuant to this article who were receiving services pursuant to this section on September 30, 1989 or who had requested to be screened pursuant to subsection F of this section, and who are not determined eligible for long-term care pursuant to title 36, chapter 29, article 2. If a person was determined ineligible under title 36, chapter 29, article 2 because that person did not meet the resource requirements pursuant to section 36-2934, a county may bill and collect from that person the actual cost of services provided pursuant to this section until such time as the person's remaining resources equal the maximum resource limit allowable under title 36, chapter 29, article 2. Notwithstanding any law to the contrary, a county shall not reduce the eligibility standards, benefit levels and categories of services in effect on March 1, 1988 for persons eligible pursuant to this section.

B. The standards adopted by a board of supervisors shall provide that a portion of the indigent person's income allowed pursuant to this section shall be retained by the person for the person's personal use. This portion shall not be less than fifteen per cent of the maximum benefit available under title XVI of the federal social security act, as amended. As provided by state and federal law, counties may file a claim against a person's estate to recover paid assistance. For the purposes of this article, the counties may impose liens according to state and federal law on the property of these persons.

C. The medical, nursing and social needs of the indigent person eligible pursuant to subsection A of this section shall be evaluated annually in order to provide placement of the indigent person in the least restrictive health care environment possible.

D. A nursing care institution, supervisory care home or adult foster care provider is not eligible for payment of the costs of providing health care services to an indigent person pursuant to this section unless the person has been determined to be eligible for placement pursuant to this section.

E. A person shall not be placed in a supervisory care home or with an adult foster care home provider pursuant to this article unless home health care services and outpatient medical services, as necessary, are provided as a condition of the placement.

F. A county shall screen members as defined in section 36-2901 or persons eligible pursuant to this article within eight days, excluding Saturdays and holidays, if there is a written request for such screening before October 1, 1989, including a request by a contractor as defined in section 36-2901. The screening shall determine whether placement is appropriate in a nursing care institution or adult foster care home.  The county shall also determine eligibility for such members or persons within this eight day period, excluding Saturdays and holidays.  If the county determines that placement is appropriate, it shall place the person at the appropriate level of care within ten days, excluding Saturdays and holidays, after the written request for screening.  The member's provider who contracts with the administration pursuant to section 36-2904, subsection A is responsible for the member's care until the county screens and places the member.

G. If the county does not complete the eligibility determination, screening and placement of a member or person determined appropriate for placement in the specified time period, the county shall reimburse the Arizona health care cost containment system for the medical expenses incurred or paid for which the Arizona health care cost containment system would not have been responsible except for the county's failure to determine eligibility, screen and place the person within the specified time period.

H. If a dispute arises between the Arizona health care cost containment system, including contractors as defined in section 36-2901, and the county regarding the appropriateness of placement in long-term care for persons eligible pursuant to subsection A of this section, the dispute shall be submitted to a multidisciplinary review board designated by the board of supervisors.  The review board shall consist of one physician, one nurse and one social worker, and two appropriate representatives from the Arizona health care cost containment system administration.  If the review board determines that the long-term care was appropriate when requested the county shall reimburse the Arizona health care cost containment system for the medical expenses incurred or paid for which the Arizona health care cost containment system would not have been responsible except for the county's failure to determine eligibility, screen and place the person within the specified time period.
A.R.S. § 11-108 — Arizona Code / Title 11 / Chapter 1 / Article 1 / Section 108
11-108 Greenlee county
Status: in_force

11-108. Greenlee county

Greenlee county, the county seat of which is Clifton, is bounded as follows:

Commencing at the point of intersection of the first standard parallel north, Gila and Salt River Guide meridian, with the east boundary of Arizona; which point is the southeast corner of Apache county; thence due west along such parallel to its intersection with the center of the Black river; thence in a general southwesterly direction down the center of such river to its intersection with the east boundary of the White Mountain or San Carlos Indian reservation as defined by the resurvey of 1915; thence due south along the east boundary line of the Indian reservation to the southeast corner of such Indian reservation, as established under instructions from the United States surveyor general of Arizona in the year 1883; thence in a south southeasterly direction in a direct line to the highest point of Thumb Butte; thence in a southerly direction following the boundary survey of 1912 to the summit of the north end of the Peloncillo range of mountains; thence in a general southeasterly direction along the summit of such range, as defined by the survey of 1912, to its intersection with the north boundary line of Cochise county, such point of intersection being the township line between townships eleven and twelve south, Gila and Salt River Guide meridian; thence east along the north boundary line of Cochise county to its intersection with the east boundary of Arizona, which point of intersection is the northeast corner of Cochise county; thence north along the east boundary of Arizona to the place of beginning.
A.R.S. § 11-665 — Arizona Code / Title 11 / Chapter 4 / Article 3 / Section 665
11-665 Vacancy in treasurer's office; duty of board
Status: in_force

11-665. Vacancy in treasurer's office; duty of board

Upon the death or absconding of a county treasurer, the board shall follow the proceedings in regard to the monies and effects of his office, and the statement and inventory thereof, as provided in section 11-664, and shall retain possession until a successor of the treasurer is elected or appointed. Upon the qualifying of such treasurer, the monies, books and effects shall be delivered to him.
A.R.S. § 11-538 — Arizona Code / Title 11 / Chapter 3 / Article 6 / Section 538
11-538 County attorney victim compensation fund; exemption from lapsing
Status: in_force

11-538. County attorney victim compensation fund; exemption from lapsing

A. The board of supervisors may establish a county attorney victim compensation fund in the county treasury consisting of monies that are distributed pursuant to section 12-286, subsection D. The county attorney in cooperation with the board of supervisors shall administer the fund.

B. The county attorney shall use monies in the fund to assist eligible victims of crime. The rules of the Arizona criminal justice commission adopted pursuant to section 41-2405, subsection A, paragraph 8 apply to victim compensation.

C. The county attorney shall annually report to the board of supervisors the fund balance and the amount of revenues that the county attorney projects will be available in the fund for the next fiscal year.

D. Monies in the fund shall be used to supplement, not supplant, monies that would otherwise be available to assist victims of crime.

E. Any monies in the fund remaining unexpended and unencumbered at the end of the fiscal year do not revert to the county general fund.
A.R.S. § 11-1027 — Arizona Code / Title 11 / Chapter 7 / Article 6.1 / Section 1027
11-1027 Reasonable provocation as defense
Status: in_force

11-1027. Reasonable provocation as defense

Proof of provocation of the attack by the person injured shall be a defense to the action for damages.  The issue of provocation shall be determined by whether a reasonable person would expect that the conduct or circumstances would be likely to provoke a dog.
A.R.S. § 11-256.03 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 256.03
11-256.03 Conveyance of property for health care institution to nonprofit corporation; powers and duties of county and nonprofit corporation; reports; definitions
Status: in_force

11-256.03. Conveyance of property for health care institution to nonprofit corporation; powers and duties of county and nonprofit corporation; reports; definitions

A. The board of supervisors of any county that has a population greater than one million but less than two million persons and that owns and operates a health care institution may enter into an agreement to convey the real property and any improvements thereon and all other property, both tangible and intangible, of such institution to a nonprofit corporation established for the purposes of operating a health care institution that includes inpatient services. Any property and improvements conveyed pursuant to this section shall include the service capability as indicated in the license of the health care institution and all outpatient clinics administered by the health care institution at the time of the conveyance and shall be conveyed for at least their fair market value as determined at the time of the conveyance.

B. To satisfy the requirements of section 501 of the internal revenue code any nonprofit corporation to which property is conveyed pursuant to subsection A of this section is declared to be:

1. A validly organized and existing body politic and corporate exercising its powers for the benefit of the people, to improve their health and welfare and to increase their prosperity.

2. Engaged in a purpose essential to public health care.

3. Performing an essential governmental function.

C. Any nonprofit corporation to which property is conveyed pursuant to subsection A of this section is exempt from property taxation by this state or any agency or subdivision of this state and possesses and may exercise only those governmental powers of the board of supervisors that are delegated to the nonprofit corporation by the board of supervisors and that are necessary to satisfy the requirements of section 501 of the internal revenue code, as specified in the terms, conditions, restrictions and agreements to the conveyance agreement. These powers are in addition to those powers granted to a nonprofit corporation by title 10, chapters 24 through 40.

D. Any nonprofit corporation to which property is conveyed pursuant to subsection A of this section may issue bonds and incur obligations and pledge its revenues as security for the payment thereof for health care institutional purposes to the extent provided by the provisions of the conveyance agreement.  Nothing in this section shall be construed to authorize the incurrence of a debt by the county within the meaning of any constitutional restriction on debt.

E. Except as provided in subsections F and G of this section, a nonprofit corporation to which property is conveyed pursuant to subsection A of this section may acquire by purchase, lease or otherwise, and may operate, other health care institutions and real and personal property for purposes of providing products and services related to the operation of health care institutions owned, leased or operated by it. Such acquisition or operation does not affect the powers, rights, privileges or immunities conferred on such nonprofit corporation by this section.

F. Any nonprofit corporation to which property is conveyed pursuant to subsection A of this section shall not own, lease or operate a health care institution outside the conveying county.

G. Until September 1, 1986 neither a board of supervisors nor a nonprofit corporation to which property is conveyed pursuant to subsection A of this section shall enter into any agreement with a nonprofit corporation that is a lessee as described in section 15-1637, subsection A, if the agreement provides for the conveyance of any ownership interest whatever in the nonprofit corporation to which property is conveyed pursuant to subsection A of this section or in the property described in subsection A of this section. After August 31, 1986, any such agreement must be approved by the Arizona board of regents and the state legislature. This subsection does not prevent the grant of an option to purchase such property, provided that the option may not be exercised before September 1, 1986 and the exercise of the option must be approved by the Arizona board of regents and the state legislature.  Under no circumstances shall any state general fund monies be used to acquire any interest in such property.

H. Any nonprofit corporation to which property is conveyed pursuant to subsection A of this section shall make semiannual progress reports as to its financial status and deliver them on January 1 and July 1 of each year to the president of the senate, the speaker of the house of representatives and the governor.  The nonprofit corporation shall present an independently audited financial statement to the auditor general within ninety days of the close of the previous fiscal year. The auditor general shall review such statements and transmit them together with a report to officers entitled to receive progress reports by this section.

I. For the purposes of this section:

1. "Health care institution" has the same meaning prescribed in section 36-401.

2. "Internal revenue code" has the same meaning prescribed in section 43-105.

3. "Nonprofit corporation" means a corporation as defined in section 10-3140.
A.R.S. § 11-380 — Arizona Code / Title 11 / Chapter 2 / Article 12 / Section 380
11-380 Separate fund to pay interest and principal on maturing installment
Status: in_force

11-380. Separate fund to pay interest and principal on maturing installment

After any indebtedness is incurred under the provisions of this article, the treasurer of the county, during each year such indebtedness continues, shall set aside in a separate fund from the revenues received during such year from highway user taxes, including motor vehicle fuel taxes, and all other taxes, fees, charges or other monies returned to the county pursuant to title 28, chapter 18, article 2 and section 42-6107, an amount sufficient to pay the interest and principal upon the installment on such indebtedness next maturing.
A.R.S. § 11-604.01 — Arizona Code / Title 11 / Chapter 4 / Article 1 / Section 604.01
11-604.01 Revolving line of credit; uses; procedures; bids; application of revenues; exception
Status: in_force

11-604.01. Revolving line of credit; uses; procedures; bids; application of revenues; exception

A. The board of supervisors may enter into agreements with a financial institution authorized to do business in this state for the purpose of obtaining a separate and distinct revolving line of credit for the county and each individual political subdivision of that county for the current fiscal year to pay the lawful claims and obligations of that political subdivision until sufficient monies for payment from property taxes and other nonrestricted revenues are received by the treasurer in accordance with the following:

1. The county treasurer is the agent for the county and any political subdivision of this state for which the county treasurer acts as treasurer for any agreement entered into under this section and may take any action required under an agreement without further approval of any governing body of a political subdivision.

2. Any agreement entered into under this section shall not be for a term exceeding the period contracted for in section 35-325, subsection C.

3. The agreement shall provide that the financial institution may not charge the county a rate of interest in excess of ten per cent per year for a tax exempt obligation pursuant to the internal revenue code of 1986.

4. The maximum rate permissible for the financial institution to charge for taxable obligations shall be one hundred ten per cent of the previous quarter's weighted average prime rate among this state's top three financial institutions by asset size.

5. The revolving line of credit agreement shall be for an amount of not more than forty-five per cent of the total amount of nonrestricted operating revenues received by each political subdivision in the preceding year.

6. For those political subdivisions which have not received nonrestricted operating revenues in the preceding year, the revolving line of credit agreement shall provide that the maximum revolving line of credit of such political subdivisions shall not exceed forty-five per cent of their estimated first year nonrestricted operating revenues.

7. The revolving line of credit agreement shall provide that the financial institution is entitled to a security interest in the nonrestricted operating revenues received by the treasurer on behalf of each political subdivision to the extent of any credit extended under the commitment made by the financial institution.

B. For a county that uses the procedures provided for by this section, the board of supervisors shall receive bids for the services provided in subsection A as part of the bid process for servicing banks pursuant to title 35, chapter 2, article 2.1.

C. All nonrestricted operating revenues received by each political subdivision shall be applied by the county treasurer on behalf of each political subdivision to any unpaid advances which the political subdivision received pursuant to an agreement entered into under this section. The treasurer shall apply such nonrestricted operating revenues received by the political subdivision to repay advances received by the political subdivision without any further action by the governing body of any political subdivision. These nonrestricted operating revenues shall be applied in the following order according to the order which the advances were made by the financial institution or the warrants registered by the county treasurer:

1. Warrants registered by the county treasurer before September 15, 1989.

2. Advances made pursuant to this section.

3. Warrants registered after September 15, 1989.

D. This section shall not be construed to authorize the extension of credit to a political subdivision for those obligations of the political subdivision in which the monies for repayment are subject to restrictions preventing their use as repayment for such obligations or to require a financial institution to extend credit to any political subdivision.

E. A revolving line of credit agreement entered into under this section shall provide that any political subdivision which exceeds the maximum line of credit provided for the political subdivision shall register any warrants issued in excess of its unpaid maximum line of credit in the manner provided for in this article.
A.R.S. § 11-631 — Arizona Code / Title 11 / Chapter 4 / Article 2 / Section 631
11-631 Warrants; record
Status: in_force

11-631. Warrants; record

A. Warrants on the county treasury shall be drawn and signed by the chairman and either the clerk of the board or the finance director in favor of the persons entitled to the warrants and shall distinctly specify the liability for which they are drawn.

B. The warrants shall, commencing with the first Monday in July of each year, be numbered consecutively, and the number, date and amount of each, the name of the person to whom payable, and the purpose for which drawn shall be stated on the warrant. The clerk or the finance director shall keep a record of each warrant in the warrant book.
A.R.S. § 11-499 — Arizona Code / Title 11 / Chapter 3 / Article 4 / Section 499
11-499 Issuance of county bonds; liability
Status: in_force

11-499. Issuance of county bonds; liability

The board of supervisors and not the county treasurer is the official issuer of county bonds, and the board of supervisors shall assume all liability on the bonds including bonds issued pursuant to sections 11-254.03, 11-264.01, 11-271, 11-281, 11-307, 11-371 and 11-721 and all other county bonds.
A.R.S. § 11-456 — Arizona Code / Title 11 / Chapter 3 / Article 2 / Section 456
11-456 Delivery of property and papers to successor; return of executed process
Status: in_force

11-456. Delivery of property and papers to successor; return of executed process

A. The sheriff shall deliver to his successor in office:

1. The jail of the county, or of a county jail district, with all its appurtenances, and all the property of the county therein.

2. All prisoners then confined in the jail.

3. All process, commitments or other papers or documents in his custody authorizing or relating to the confinement of the prisoners, and if any process has been returned, a statement in writing of the contents thereof and when returned.

4. All writs and other original process, and all documents for the summoning of a grand or petit jury, then in his hands which have not been fully executed by him.

5. All executions, attachments and final process, and all property in his hands or possession by virtue of the levy of any writ.

B. Upon such delivery, the former sheriff shall execute in duplicate an instrument reciting the property, process, documents and prisoners delivered, specifying particularly the process or other authority by which each prisoner was committed and is detained, and whether such process or authority is returned or delivered to the new sheriff. The instrument shall be delivered to the new sheriff, who shall in writing upon the duplicate copy, acknowledge receipt of the property, process, documents and prisoners therein specified, and shall deliver the duplicate and acknowledgment to the former sheriff.

C. The former sheriff shall return in his own name all original process, attachments and executions which he has fully executed.
A.R.S. § 11-1440 — Arizona Code / Title 11 / Chapter 10 / Article 2 / Section 1440
11-1440 Corporate bonds
Status: in_force

11-1440. Corporate bonds

A. The nonprofit corporation may issue its corporate bonds in principal amounts as the board of directors determines to be necessary to provide sufficient monies for purposes of the community health system.

B. Bonds issued by the nonprofit corporation:

1. Are entitled to all of the immunities and exemptions afforded bonds of other nonprofit corporations.

2. Are obligations of the nonprofit corporation, and are not in any manner obligations of the sponsoring county or of this state.

3. Do not constitute a legal debt of the sponsoring county or of this state.

4. Are not enforceable against the sponsoring county or this state.

5. Are not enforceable against the county's interest in any health system assets that are leased pursuant to section 11-1432. The county shall not subordinate its lessor interest to any obligee of the nonprofit corporation.

6. Are payable only from the revenues or other assets of the nonprofit corporation that is pledged and assigned to, or in trust for the benefit of, the holder or holders of the bonds.
A.R.S. § 11-404 — Arizona Code / Title 11 / Chapter 3 / Article 1 / Section 404
11-404 Residence of county officers
Status: in_force

11-404. Residence of county officers

The following officers shall reside within the county:

1. Judge of the superior court.

2. Treasurer and ex officio tax collector.

3. Clerk of the board of supervisors.

4. Sheriff.

5. Assessor.

6. County attorney.

7. Recorder.

8. School superintendent.

9. Public defender.
A.R.S. § 11-1102 — Arizona Code / Title 11 / Chapter 8 / Article 1 / Section 1102
11-1102 County development fees; imposition by counties; infrastructure improvements plan; advisory committee; annual report; limitation on actions; definitions
Status: reserved

11-1102. County development fees; imposition by counties; infrastructure improvements plan; advisory committee; annual report; limitation on actions; definitions

A. A county may assess development fees to offset costs to the county associated with providing necessary public services to a development, including the costs of infrastructure, improvements, real property, engineering and architectural services, financing and professional services required for the preparation or revision of a development fee pursuant to this section, including the relevant portion of the infrastructure improvements plan.

B. Development fees assessed under this section are subject to the following requirements:

1. Development fees shall result in a beneficial use to the development.

2. The county shall calculate the development fee based on the infrastructure improvements plan adopted pursuant to this section.

3. The development fees may not exceed a proportionate share of the cost of necessary public services, based on service units, needed to provide necessary public services to the development.

4. Costs for necessary public services made necessary by new development shall be based on the same level of service provided to existing development in the service area at the time the infrastructure improvements plan is adopted.

5. Development fees may not be used for any of the following:

(a) Funding a level of service that is higher than the current level of service provided to existing development at the time the infrastructure improvements plan is adopted.

(b) Construction, acquisition or expansion of public facilities or assets other than necessary public services or facility expansions identified in the infrastructure improvements plan.

(c) Repair, operation or maintenance of existing or new necessary public services or facility expansions.

(d) Upgrading, updating, expanding, correcting or replacing existing necessary public services to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards.

(e) Upgrading, updating, expanding, correcting or replacing existing necessary public services to provide a higher level of service to existing development.

(f) Administrative, maintenance or operating costs of the county.

6. Any development for which development fees have been paid is entitled to the use and benefit of the services for which the development fees were imposed and is entitled to receive immediate service from any existing facility with available capacity to serve the new service units if the available capacity has not been reserved or pledged in connection with the construction or financing of the facility.

7. Development fees may be collected if any of the following occurs:

(a) The collection is made to pay for a necessary public service or facility expansion that is identified in the infrastructure improvements plan and the county plans to complete construction and have the service available within the time period established in the infrastructure improvements plan, but not longer than the time period provided in subsection J, paragraph 3 of this section.

(b) The county reserves capacity in the infrastructure improvements plan adopted pursuant to this section or otherwise agrees to reserve capacity to serve future development.

(c) The county requires or agrees to allow the owner of a development to construct or finance the necessary public service or facility expansion and any of the following applies:

(i) The costs incurred or monies advanced are credited against or reimbursed from the development fees otherwise due from a development.  The amount of credits issued shall equal the costs identified by the county in the infrastructure improvements plan associated with the construction of the necessary public services or facility expansions.  The county shall allow the owner to assign the credits from the development fees otherwise due from a development and any excess credits to other developments for the same category of necessary public services in the same service area.

(ii) The county reimburses the owner for those costs from the development fees paid from all developments that will use those necessary public services or facility expansions.  The county shall allow the owner to assign the reimbursement rights to other developments for the same category of necessary public services in the same service area.

8. Projected interest charges and other finance costs may be included in determining the amount of development fees only if the monies are used for the payment of principal and interest on the portion of the bonds, notes or other obligations issued to finance construction of necessary public services or facility expansions identified in the infrastructure improvements plan.

9. Monies received from development fees shall be placed in a separate fund and accounted for separately and may only be used for the purposes authorized by this section.  Monies received from development fees identified in an infrastructure improvements plan adopted or updated pursuant to subsection E of this section shall be used to provide the same category of necessary public services or facilities expansions for which the development fee was assessed and for the benefit of the same service area as defined in the infrastructure improvements plan in which the development fees were assessed. Interest earned on monies in the separate fund shall be credited to the fund.

10. The county shall prescribe the schedule for paying the development fees. Based on the costs identified in the infrastructure improvements plan, the county shall provide a credit toward the payment of the development fees for the required or agreed to dedication of public sites, improvements and other necessary public services or facility expansions included in the infrastructure improvements plan and for which development fees are assessed, to the extent the public sites, improvements and necessary public services or facility expansions are provided by the developer.  On request of the developer, instead of providing a credit toward the payment of development fees, the county shall provide for reimbursement from the development fees paid from all development that will use those public sites, improvements or necessary public services or facility expansions of the actual costs of the required or agreed to dedication of public sites, improvements or other necessary public services or facility expansions included in the infrastructure improvements plan and for which development fees are assessed, to the extent the public sites, improvements and necessary public services or facility expansions are provided by the developer.  The developer of residential dwelling units shall be required to pay the fees when construction permits for the dwelling units are issued, or at a later time if specified in the development agreement pursuant to section 11-1101. If a development agreement provides for development fees to be paid at a time later than the issuance of construction permits, the deferred development fees shall be paid not later than fifteen days after the issuance of a certificate of occupancy.  The development agreement shall provide for the value of any deferred development fees to be supported by an appropriate security, including a surety bond, letter of credit or cash bond.

11. If a county requires as a condition of development approval the construction or improvement of, contributions to or dedication of any facilities that were not included in a previously adopted infrastructure improvements plan, the county shall cause the infrastructure improvements plan to be amended to include the facilities and shall provide a credit toward the payment of development fees for the construction, improvement, contribution or dedication of the facilities to the extent that the facilities will substitute for or otherwise reduce the need for other similar facilities in the infrastructure improvements plan for which development fees were assessed. If a county requires as a condition of development approval the set aside of active or passive open space, the county shall issue a credit toward any development fees identified in the infrastructure improvements plan to fund any park facilities or facility expansion.  On request of the individual or entity seeking development approval, instead of issuing a credit toward the payment of development fees, the county shall provide for reimbursement from the development fees paid from all development that will use those facilities or facility expansions of the actual costs of the construction or improvement of, contributions to or dedication of the public facilities required as a condition of development approval.

12. The county shall forecast the contribution to be made in the future in cash, taxes, fees, assessments and all other sources of revenue derived from the property owner towards the capital costs of the necessary public service covered by the development fees.

13. If development fees are assessed against residential development, the county shall also assess development fees against commercial and industrial development.  The county may distinguish between different categories of residential, commercial and industrial development in assessing the costs to the county of providing necessary public services to new development and in determining the amount of the development fees applicable to the category, except that the county may not distinguish residential developments on the basis of the size of the dwelling unit or number of bedrooms.  If a county agrees to waive any of the development fees assessed on a development, the county shall reimburse the appropriate development fees accounts for the amount that was waived. The county shall provide notice of any such waiver to the advisory committee established pursuant to subsection I of this section.

14. In determining and assessing development fees applying to land in a community facilities district established under title 48, chapter 4, article 6, the county shall take into account all public infrastructure provided by the district and capital costs paid by the district for necessary public services and shall not assess a portion of the development fees based on the infrastructure or costs.

15. The county shall not assess or collect development fees from a school district or charter school, other than fees assessed or collected for streets and water and wastewater utility functions.

C. Before assessing development fees, the county shall:

1. Give at least thirty days' advance notice of intention to assess new or increased development fees.

2. Release to the public and post on the county's website a written report of the land use assumptions and infrastructure improvements plan adopted pursuant to subsection E of this section.

3. Conduct a public hearing on the proposed development fees at any time after the expiration of the thirty-day notice of intention to assess development fees and at least thirty days before the scheduled date of adoption of the development fees.  Within sixty days after the date of the public hearing on the proposed development fees, the county shall approve or disapprove the imposition of the development fees.  A county may not adopt an ordinance, order or resolution approving development fees as an emergency measure.

D. Development fees assessed pursuant to this section are not effective for at least ninety days after formal adoption by the board of supervisors.

E. Before the adoption or amendment of development fees or amendment of the boundaries of a service area, the board of supervisors shall adopt or update the land use assumptions and infrastructure improvements plan for the designated service area.  The county shall conduct a public hearing on the land use assumptions and infrastructure improvements plan at least thirty days before the adoption or update of the infrastructure improvements plan.  The county shall release the infrastructure improvements plan to the public, post the infrastructure improvements plan on the county's website, including in the posting the land use assumptions, the time period of the projections, a description of the necessary public services included in the infrastructure improvements plan and a map of the service area to which the land use assumptions apply, make available to the public the documents used to prepare the land use assumptions and infrastructure improvements plan and provide public notice at least sixty days before the public hearing, subject to the following:

1. The land use assumptions and infrastructure improvements plan shall be approved or disapproved within sixty days after the public hearing on the land use assumptions and infrastructure improvements plan and at least thirty days before the public hearing on the report required by subsection C of this section.  A county may not adopt an ordinance, order or resolution approving the land use assumptions or infrastructure improvements plan as an emergency measure.

2. An infrastructure improvements plan shall be developed by qualified professionals using generally accepted engineering and planning practices pursuant to subsection F of this section.

3. A county shall update the land use assumptions and infrastructure improvements plan at least every five years.  The initial five-year period begins on the day the infrastructure improvements plan is adopted.  The county shall review and evaluate the current land use assumptions and shall cause an update of the infrastructure improvements plan to be prepared pursuant to this section.

4. Within sixty days after completion of the updated land use assumptions and infrastructure improvements plan, the county shall schedule and provide notice of a public hearing to discuss and review the update and shall determine whether to amend the land use assumptions and infrastructure improvements plan.

5. A county shall hold a public hearing to discuss the proposed amendments to the land use assumptions, the infrastructure improvements plan or the development fees.  The land use assumptions and the infrastructure improvements plan, including the amount of any proposed changes to the development fees per service unit, shall be made available to the public on or before the date of the first publication of the notice of the hearing on the amendments.

6. The hearing procedures prescribed in paragraph 1 of this subsection apply to a hearing on the amendment of land use assumptions, an infrastructure improvements plan or development fees.  Within sixty days after the date of the public hearing on the amendments, a county shall approve or disapprove the amendments to the land use assumptions, infrastructure improvements plan or development fees.  A county may not adopt an ordinance, order or resolution approving the amended land use assumptions, infrastructure improvements plan or development fees as an emergency measure.

7. The advisory committee established under subsection I of this section shall file its written comments on any proposed or updated land use assumptions, infrastructure improvements plan and development fees before the fifth business day before the date of the public hearing on the proposed or updated land use assumptions, infrastructure improvements plan and development fees.

8. If, at the time an update as prescribed in paragraph 3 of this subsection is required, the county determines that no changes to the land use assumptions, infrastructure improvements plan or development fees are needed, the county, as an alternative to the updating requirements of this subsection, may publish notice of the determination on the county's website that includes the following:

(a) A statement that the county has determined that no change to the land use assumptions, infrastructure improvements plan or development fees is necessary.

(b) A description and map of the service area in which an update has been determined to be unnecessary.

(c) A statement that by a specified date, which shall be at least sixty days after the date of publication of the first notice, a person may request to the county in writing that the county update the land use assumptions, infrastructure improvements plan or development fees.

(d) A statement identifying the person or entity to whom the written request for an update should be sent.

9. If, by the date specified pursuant to paragraph 8 of this subsection, a person requests in writing that the county update the land use assumptions, infrastructure improvements plan or development fees, the county shall cause, accept or reject an update of the land use assumptions, infrastructure improvements plan or development fees to be prepared pursuant to this section.

10. Notwithstanding the notice and hearing requirements for adoption of an infrastructure improvements plan, the county may amend an infrastructure improvements plan without a public hearing if the amendment addresses only elements of necessary public services in the existing infrastructure improvements plan and the changes to the plan will not, individually or cumulatively with other amendments adopted pursuant to this subsection, increase the level of service in the service area or cause an increase in  development fees that is greater than five percent when new or modified development fees are assessed pursuant to this section.  The county shall provide notice of the amendment at least thirty days before adoption, shall post the amendment on the county's website and shall provide notice to the advisory committee established pursuant to subsection I of this section that the amendment complies with this subsection.

F. For each necessary public service that is the subject of development fees, the infrastructure improvements plan shall include:

1. A description of the existing necessary public services in the service area and the costs to upgrade, update, improve, expand, correct or replace those necessary public services to meet existing needs and usage and stricter safety, efficiency, environmental or regulatory standards. The description shall be prepared by qualified professionals who are licensed in this state, as applicable.

2. An analysis of the total capacity, the level of current usage and commitments for usage of capacity of the existing necessary public services. The analysis shall be prepared by qualified professionals who are licensed in this state, as applicable.

3. A description of all or the parts of the necessary public services or facility expansions and their costs necessitated by and attributable to new development in the service area based on the approved land use assumptions, including a forecast of the cost of infrastructure, improvements, real property, financing, engineering and architectural services.  The description shall be prepared by qualified professionals who are licensed in this state, as applicable.

4. A table that establishes the specific level or quantity of use, consumption, generation or discharge of a service unit for each category of necessary public services or facility expansions and an equivalency or conversion table that establishes the ratio of a service unit to various types of land uses, including residential, commercial and industrial.

5. A description of all the costs necessitated by ongoing maintenance and operations of the necessary public services once construction is completed and a description of the source of revenue to be used to fund the maintenance and operations.

6. The total number of projected service units necessitated by and attributable to new development in the service area based on the approved land use assumptions and calculated pursuant to generally accepted engineering and planning criteria.

7. The projected demand for necessary public services or facility expansions required by new service units for a period of not more than ten years.

8. A forecast of revenues generated by new service units other than development fees, including estimated state shared revenue, highway user revenue, federal revenue, ad valorem property taxes, construction contracting or similar excise taxes and the capital recovery portion of utility fees attributable to development based on the approved land use assumptions, and a plan to include these contributions in determining the extent of the burden imposed by the development as required in subsection B, paragraph 12 of this section.

G. A county's infrastructure improvements plan may identify necessary public services or facility expansions that the county plans to construct beyond the time period provided for in subsection J, paragraph 3 of this section but may not include the costs of those necessary public services or facility expansions in the calculation of development fees.

H. A county's development fees ordinance shall provide:

1. That new development fees or an increased portion of modified development fees may not be assessed against a development for twenty-four months after the date that the county issues the final approval for a commercial, industrial or multifamily development or the date that the first building permit is issued for a residential development pursuant to an approved site plan or subdivision plat, only if subsequent changes are not made to the approved site plan or subdivision plat that would increase the number of service units. If the number of service units increases, the new or increased portion of modified development fees shall be limited to the amount attributable to the additional service units.  The period is not extended by a renewal or amendment of the site plan or the final subdivision plat that was the subject of the final approval.  The county shall issue, on request, a written statement of the development fees schedule applicable to the development.  If, after the date of the county's final approval of a development, the county reduces the development fees assessed on development, the reduced fees shall apply to the development.

2. A process for a development to request an alternative development fee calculation or change in category of development that appears on an adopted development fee schedule based on a projection that the actual burdens and costs associated with the county's provision of necessary public services or facility expansions to the development that are to be paid by development fees will differ substantially from those costs projected by the county or will be substantially less than the amount projected to be paid by development fees.  The county manager or the county manager's designee shall review the request and make a determination as to the development fee to be assessed.  The assessed development fee shall have a substantial nexus to the actual burdens and costs associated with providing the necessary public services or facility expansions to that development that are to be funded by development fees.  The determination of the county manager is appealable to the board of supervisors.

I. A county shall do one of the following:

1. Before the adoption of the proposed or updated land use assumptions, infrastructure improvements plan and development fees as prescribed in subsection E of this section, appoint an infrastructure improvements advisory committee, subject to the following requirements:

(a) The advisory committee shall be composed of at least five members who are appointed by the board of supervisors.  At least fifty percent of the members of the advisory committee must be representatives of the real estate, development or building industries, of which at least one member of the committee must be from the home building industry.  Members may not be employees or officials of the county.

(b) The advisory committee shall serve in an advisory capacity and shall:

(i) Advise the county in adopting land use assumptions and in determining whether the assumptions are in conformance with the general plan of the county.

(ii) Review the infrastructure improvements plan and file written comments.

(iii) Monitor and evaluate implementation of the infrastructure improvements plan.

(iv) Every year file reports with respect to the progress of the infrastructure improvements plan and the collection and expenditures of development fees and report to the county any perceived inequities in implementing the infrastructure improvements plan or assessing the development fees.

(v) Advise the county of the need to update or revise the land use assumptions, infrastructure improvements plan and development fees.

(c) The county shall make available to the advisory committee any professional reports with respect to developing and implementing the infrastructure improvements plan.

(d) The county shall adopt procedural rules for the advisory committee to follow in carrying out the advisory committee's duties.

2. Provide for a biennial certified audit of the county's land use assumptions, infrastructure improvements plan and development fees.  An audit pursuant to this paragraph shall be conducted by one or more qualified professionals who are not employees or officials of the county and who did not prepare the infrastructure improvements plan.  The audit shall review the progress of the infrastructure improvements plan, including the collection and expenditures of development fees for each project in the infrastructure improvements plan, and evaluate any inequities in implementing the infrastructure improvements plan or imposing the development fees. The county shall post the findings of the audit on the county's website and shall conduct a public hearing on the audit within sixty days after the release of the audit to the public.

J. On written request, an owner of real property for which development fees have been paid after December 31, 2020 is entitled to a refund of the development fees or any part of the development fees if:

1. Pursuant to subsection B, paragraph 6 of this section, existing facilities are available and service is not provided.

2. The county, after collecting the fees to construct a facility when service is not available, has failed to complete construction within the time period identified in the infrastructure improvements plan, but in no event later than the time period specified in paragraph 3 of this subsection.

3. For development fees other than development fees for water or wastewater facilities, any part of the development fees is not spent as authorized by this section within ten years after the fees have been paid or, for development fees for water or wastewater facilities, any part of the development fees is not spent as authorized by this section within fifteen years after the development fees have been paid.

K. If the development fees were collected for the construction of all or a portion of a specific item of infrastructure, and on completion of the infrastructure the county determines that the actual cost of construction was less than the forecasted cost of construction on which the development fees were based and the difference between the actual and estimated cost is greater than ten percent, the current owner may receive a refund of the portion of the development fees equal to the difference between the development fees paid and the development fees that would have been due if the development fees had been calculated at the actual construction cost.

L. A refund shall include any interest earned by the county from the date of collection to the date of refund on the amount of the refunded fees. All refunds shall be paid to the owner of record of the property at the time the refund is paid.  If the development fees are paid by a governmental entity, the refund shall be paid to the governmental entity.

M. Development fees that were adopted before January 1, 2017 may continue to be assessed only to the extent that the development fees will be used to provide a necessary public service for which development fees can be assessed pursuant to this section and shall be replaced by development fees imposed under this section on or before January 1, 2021. Any county having development fees that have not been replaced under this section on or before January 1, 2021 may not collect development fees until the development fees have been replaced with fees that comply with this section.  Development fees adopted or amended by a county after January 1, 2017 shall comply with this section.  Any development fees monies collected before January 1, 2017 remaining in a development fees account:

1. Shall be used towards the same category of necessary public services as authorized by this section.

2. And collected for a purpose not authorized by this section shall be used for the purpose for which the development fees were collected on or before January 1, 2024, and after which, if not spent, shall be distributed equally among the categories of necessary public services authorized by this section.

N. A moratorium may not be placed on development for the sole purpose of awaiting completion of all or any part of the process necessary to develop, adopt or update development fees.

O. In any judicial action interpreting this section all powers conferred on a county by this section shall be narrowly construed to ensure that development fees are not used to impose on new residents a burden all taxpayers of a county should bear equally.

P. Each county that assesses development fees shall submit an annual report accounting for the collection and use of the fees for each service area.  The annual report shall include the following:

1. The amount assessed by the county for each type of development fee.

2. The balance of each fund maintained for each type of development fee assessed as of the beginning and end of the fiscal year.

3. The amount of interest or other earnings on the monies in each fund as of the end of the fiscal year.

4. The amount of development fee monies used to repay:

(a) Bonds issued by the county to pay the cost of a necessary public service that is the subject of a development fees assessment, including the amount needed to repay the debt service obligations on each facility for which development fees have been identified as the source of funding and the time frames in which the debt service will be repaid.

(b) Monies advanced by the county from funds other than the funds established for development fees in order to pay the cost of a necessary public service that is the subject of a development fees assessment, the total amount advanced by the county for each facility, the source of the monies advanced and the terms under which the monies will be repaid to the county.

5. The amount of development fees monies spent on each necessary public service or facility expansion that is the subject of a development fees assessment and the physical location of each capital improvement project.

6. The amount of development fees monies spent for each purpose other than a necessary public service or facility expansion that is the subject of a development fees assessment.

Q. Within ninety days following the end of each fiscal year, each county shall submit a copy of the annual report to the clerk of the board of supervisors and post the annual report on the county's website.  Copies shall be made available to the public on request.  The annual report may contain financial information that has not been audited.

R. A county that fails to file the report and post the annual report on the county's website as required by this section shall not collect development fees until the report is filed and posted.

S. Any action to collect development fees shall be commenced within two years after the obligation to pay the development fees accrues.

T. A county may continue to assess development fees adopted before January 1, 2017 for any facility that was financed before June 1, 2016 if:

1. Development fees were pledged to repay debt service obligations related to the construction of the facility.

2. After January 1, 2018, any development fees collected under this subsection are used solely for the payment of principal and interest on the portion of the bonds, notes or other debt service obligations issued before June 1, 2016 to finance construction of the facility.

U. Through January 1, 2018, development fees adopted before January 1, 2017 may be used to finance construction of a facility and may be pledged to repay debt service obligations if:

1. The facility that is being financed is a facility that is described under subsection V, paragraph 7, subdivision (a), (b), (c), (d) or (e) of this section.

2. The facility was included in an infrastructure improvements plan adopted before June 1, 2016.

3. The development fees are used for the payment of principal and interest on the portion of the bonds, notes or other debt service obligations issued to finance construction of the necessary public services or facility expansions identified in the infrastructure improvements plan.

V. For the purposes of this section:

1. "Dedication" means the actual conveyance date or the date an improvement, facility or real or personal property is placed into service, whichever occurs first.

2. "Development" means:

(a) The subdivision of land.

(b) The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure that adds or increases the number of service units.

(c) Any use or extension of the use of land that increases the number of service units.

3. "Facility expansion" means the expansion of the capacity of an existing facility that serves the same function as an otherwise new necessary public service in order that the existing facility may serve new development. Facility expansion does not include the repair, maintenance, modernization or expansion of an existing facility to better serve existing development.

4. "Final approval" means, for nonresidential or multifamily development, the approval of a site plan or, if no site plan is submitted for the development, the approval of a final subdivision plat.

5. "Infrastructure improvements plan" means a written plan that identifies each necessary public service or facility expansion that is proposed to be the subject of development fees and otherwise complies with the requirements of this section and may be the county's capital improvements plan.

6. "Land use assumptions" means projections of changes in land uses, densities, intensities and population for a specified service area over a period of at least ten years and pursuant to the general plan of the county.

7. "Necessary public service" means any of the following facilities that have a life expectancy of three or more years and that are owned and operated by or on behalf of the county:

(a) Water facilities, including the supply, transportation, treatment, purification and distribution of water, and any appurtenances for those facilities.

(b) Wastewater facilities, including collection, interception, transportation, treatment and disposal of wastewater, and any appurtenances for those facilities.

(c) Street facilities located in the service area, including arterial or collector streets or roads that have been designated on an officially adopted plan of the county, traffic signals and rights-of-way and improvements thereon. Improvements to rights-of-way do not include streetcars, railways or other forms of transportation and their corresponding tracks.

(d) Public safety facilities, including all appurtenances, equipment and vehicles.  Public safety facilities do not include a facility or portion of a facility that is used to replace services that were once provided elsewhere in the county, vehicles and equipment used to provide administrative services, helicopters or airplanes, paramilitary vehicles, court and judicial facilities, facilities that are used for training firefighters or officers from more than one station or substation or jail, correctional or detention facilities.

(e) Neighborhood parks and recreational facilities on real property up to thirty acres in area, or parks and recreational facilities larger than thirty acres if the facilities provide a direct benefit to the development. Parks and recreational facilities do not include vehicles, equipment of that portion of any facility that is used for amusement parks, aquariums, aquatic centers, auditoriums, arenas, arts and cultural facilities, bandstand and orchestra facilities, bathhouses, boathouses, clubhouses, community centers greater than three thousand square feet in floor area, environmental education centers, equestrian facilities, trails, golf course facilities, greenhouses, lakes, museums, theme parks, water reclamation or riparian areas, wetlands, zoo facilities or similar recreational facilities, but may include swimming pools and equipment or improvements constituting accessory or incidental amenities to a park or recreational facility allowed under this section.

(f) Any facility that was financed and that meets all of the requirements prescribed in subsection T of this section.

8. "Qualified professional" means a professional engineer, surveyor, financial analyst or planner providing services within the scope of the person's license, education or experience.

9. "Service area" means any specified area within the boundaries of a county in which development will be served by necessary public services or facility expansions and within which a substantial nexus exists between the necessary public services or facility expansions and the development being served as prescribed in the infrastructure improvements plan.

10. "Service unit" means a standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated using data specific to the service area in which the facility will be located and pursuant to generally accepted engineering or planning standards for a particular category of necessary public services or facility expansions.
A.R.S. § 11-704 — Arizona Code / Title 11 / Chapter 5 / Article 1 / Section 704
11-704 County sports authority fund
Status: in_force

11-704. County sports authority fund

A. The authority treasurer shall maintain a county sports authority fund consisting of all monies received by the authority, including:

1. Payments received from leasing, subleasing or renting facilities.

2. Revenues received by the authority from admissions and concessions and other proceeds from events held at facilities leased by the authority.

3. Monies received from issuing and selling bonds under article 2 of this chapter.

4. Interest and other income received from investing monies in the fund.

5. Gifts, grants and donations received for that purpose from any private source.

B. Monies in the fund may be used only for the following purposes:

1. Ordinary and necessary administration and operation expenses of the authority, including:

(a) Reasonable salaries and employee related expenses of employees of the authority.

(b) Reasonable reimbursement of expenses of members of the board of directors.

2. Making all payments required under any lease or sublease of facilities by the authority.

3. Repaying and redeeming bonds issued by the authority, including interest and redemption charges.

4. Academic scholarships, established by the board of directors at the end of the fiscal year, to any college or university under the jurisdiction of the Arizona community college board or the Arizona board of regents. These scholarships shall be funded from unexpended and unencumbered monies remaining in the fund at the end of the fiscal year which are not otherwise required as reserves.

C. The treasurer of the authority may invest any unexpended monies in the fund as provided in title 35, chapter 2, including in the local government investment pool, if authorized by the state treasurer. Interest and other income from investments shall be credited to the fund. The treasurer of the authority shall invest the monies so as to mature at the times when the fund assets will be required for the purposes of this article. If the liquid assets in the fund become insufficient to meet the authority's obligations, the board of directors shall direct the treasurer of the authority to liquidate sufficient securities to meet all of the current obligations and immediately notify the board of supervisors, the attorney general and the auditor general of the insufficiency, and the attorney general and auditor general shall investigate and audit the circumstances surrounding the depletion of the fund and report their findings to the board of supervisors.

D. The board of directors shall cause an annual audit to be conducted of the fund by an independent certified public accountant within thirty days after the end of the fiscal year. The board shall immediately file a certified copy of the audit with the auditor general. The auditor general may make such further audits and examinations as he deems necessary, but if he takes no official action within thirty days after the audit is filed, the audit is deemed sufficient. The board of directors shall pay all fees and costs of the certified public accountant and auditor general under this subsection from the fund.
A.R.S. § 11-2001 — Arizona Code / Title 11 / Chapter 15 / Article 1 / Section 2001
11-2001 Definitions
Status: in_force

11-2001. Definitions

In this chapter, unless the context otherwise requires:

1. "Authority" means a broadband service district authority that is responsible for facilitating broadband deployment and connectivity for agricultural purposes.

2. "Board" means the governing body of an authority.

3. "Broadband service" means high-speed internet access that enables a user to transmit and receive data, video and other digital communication.

4. "District" means a designated geographic area established for broadband service improvements.

5. "Infrastructure":

(a) Means components necessary for broadband deployment.

(b) Includes transmission equipment, network facilities, data transport systems and related utilities.
A.R.S. § 11-593 — Arizona Code / Title 11 / Chapter 3 / Article 12 / Section 593
11-593 Reporting of certain deaths; failure to report; violation; classification
Status: in_force

11-593. Reporting of certain deaths; failure to report; violation; classification

A. Any person having knowledge of the occurrence of the death of a human being including a fetal death that is required to be reported pursuant to subsection B, of this section shall promptly notify the nearest peace officer of all information in the person's possession regarding the death and the circumstances surrounding it.

B. Reporting is required in the following circumstances:

1. Death when not under the current care of a health care provider as defined pursuant to section 36-301.

2. Death resulting from violence.

3. Unexpected or unexplained death.

4. Death of a person in a custodial agency as defined in section 13-4401.

5. Unexpected or unexplained death of an infant or child.

6. Death occurring in a suspicious, unusual or nonnatural manner, including death from an accident believed to be related to the deceased person's occupation or employment.

7. Death occurring as a result of anesthetic or surgical procedures.

8. Death suspected to be caused by a previously unreported or undiagnosed disease that constitutes a threat to public safety.

9. Death involving unidentifiable bodies.

C. The peace officer shall promptly notify the county medical examiner or alternate medical examiner and, except in deaths occurring as a result of surgical or anesthetic procedures, shall make or cause to be made an investigation of the facts and circumstances surrounding the death and report the results to the medical examiner or alternate medical examiner. If there is no county medical examiner or alternate medical examiner appointed and serving within the county, the county sheriff shall be notified by the peace officer and the sheriff shall in turn notify and secure a licensed physician having the qualifications of an alternate medical examiner to assume the powers and duties prescribed by section 11-594.

D. Every person who knows of the existence of a body where death occurred as specified in subsection A of this section and who knowingly fails to notify the nearest peace officer as soon as possible unless the person has good reason to believe that notice has already been given is guilty of a class 2 misdemeanor.

E. If the deceased was under treatment for an accident or illness by prayer or spiritual means alone, in accordance with the tenets and practices of a well-recognized church or religious denomination, and death occurred without a physician or nurse practitioner in attendance, the person who has knowledge of the death shall report all information in the person's possession regarding the death and circumstances surrounding it directly to the county medical examiner or the alternate medical examiner who may waive an external examination or autopsy if the county medical examiner or alternate medical examiner is satisfied that the death of the person resulted from natural causes.

F. Each county shall provide to the department of public safety fingerprints of all deceased persons for whom the circumstances of death require an external examination or autopsy and whose deaths are required to be investigated pursuant to this section.  These fingerprints shall be on a form provided by the department of public safety and shall be accompanied by any other information regarding the physical description and the date and place of death the department of public safety requires.  Fingerprints taken pursuant to this section shall be used only for the purpose of purging criminal history files. All information and data in the department of public safety that are furnished in compliance with this section are confidential and may be disclosed only on written approval of the director of the department of public safety to the juvenile court, social agencies and public health and law enforcement agencies licensed or regulated by this state.
A.R.S. § 11-254.08 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 254.08
11-254.08 Energy and water savings accounts
Status: in_force

11-254.08. Energy and water savings accounts

A. The board of supervisors may establish an energy and water savings account that consists of a designated pool of capital investment monies to fund energy or water savings projects in county facilities.  The county may deposit in the account monies generated from the energy or water savings projects or measures implemented in county facilities. The county may use monies in the energy and water savings account for payments under a contract entered into pursuant to section 34-105.

B. A county shall use monies deposited in an energy and water savings account as a designated pool of capital investment monies to pay for the incremental cost of energy or water savings measures in facilities that are owned by the county.  Any contract that is entered into pursuant to this section shall contain an agreement between the qualified provider and the energy or water services company that both parties have performed a reasonable investigation to determine that the measures contemplated by the contract will result in stated energy or water savings. Contract terms shall not exceed twenty-five years.

C. A county shall use expenditures from an energy and water savings account only for the following:

1. Projects or measures pursuant to a contract pursuant to this section or section 34-105 that save energy or water in facilities that are owned by the county. Monies may be used pursuant to this paragraph to provide technical assistance regarding energy or water savings to counties by a qualified provider or energy or water services company.

2. Payment of principal, interest, related financing costs and prepayment premiums.

D. Before the implementation of the energy or water savings measures or services, the qualified provider or energy or water services company shall compute, and the county shall review and approve, the estimated amount of the energy or water savings and the associated impact on energy, water or other costs and revenue to be achieved by the county on an annual and monthly basis over the term of the contract and shall include these estimates in the contract.  The qualified provider and the county shall update the annual and monthly energy or water savings and associated cost impact estimates annually based on actual experience for the term of the contract.

E. Before the implementation of the energy or water savings measures or services, the qualified provider or financial institution, trustee or paying agent and the county shall jointly develop a schedule of monthly or another mutually agreed on interval of payments for the repayment of capital investment monies. The repayment schedule must result in lower energy, water or other costs or increased revenue, which shall include the total cost of all the installed energy or water savings measures for the county over the term of the contract, which shall not exceed twenty-five years.  The repayment schedule shall be included in the contract.

F. The county shall transfer the amount of the payment prescribed pursuant to subsection E of this section to the energy and water savings account from the maintenance and operation portion of the county's budget to repay any unpaid balance of the capital investment previously deposited in the energy and water savings account from the qualified provider or energy or water services company plus a reasonable interest rate. For the period of time that the company's capital investment monies and reasonable interest rate remain unpaid, the qualified provider or energy or water services company shall provide a separate billing or billing component to repay the capital investment pursuant to the repayment schedule prescribed pursuant to subsection E of this section, which shall be paid by the county from the energy and water savings account.

G. After the balance of the qualified provider's or energy or water services company's capital investment monies deposited in the energy and water savings account plus a reasonable interest rate are repaid in full by the county, the county may discontinue the deposit in the energy and water savings account of amounts that are prescribed in subsection F of this section.

H. After the capital investment monies of the qualified provider or energy or water services company plus a reasonable interest rate are repaid in full, any monies associated with an energy or water savings project remaining in the energy and water savings account may be transferred to the maintenance and operation portion of the county's budget.

I. A county may deposit energy-related rebate or grant monies in the energy and water savings account to assist in funding energy or water savings projects.  A county may use these rebate or grant monies to reduce the total cost of energy or water savings projects and to reduce the amount of capital investment monies received from and repaid to energy or water services companies.  A county is not required to repay the rebate or grant monies in the manner described in subsection F of this section pursuant to the agreements with the providers of rebate or grant funds.

J. A county may deposit monies from other funding sources in the energy and water savings account to fund energy or water saving projects in county facilities.  These monies shall be repaid in a manner consistent with this section and pursuant to the contract between the county and the provider of the funding.

K. This section does not impose an obligation on any energy utility, water utility, public service corporation or agricultural improvement district to invest monies or contract with any county.
A.R.S. § 11-406 — Arizona Code / Title 11 / Chapter 3 / Article 1 / Section 406
11-406 Term of office
Status: in_force

11-406. Term of office

A. County and precinct officers for whose election and term of office no other provision is made, shall be elected at the regular general election and shall hold office for a term of two years from the first day of January subsequent to their election.

B. One person only shall be elected to an office to which are attached other offices ex officio.
A.R.S. § 11-103 — Arizona Code / Title 11 / Chapter 1 / Article 1 / Section 103
11-103 Apache county
Status: in_force

11-103. Apache county

Apache county, the county seat of which is St. Johns, is bounded as follows:

Commencing at a point where the boundary line between Arizona and New Mexico intersects the thirty-seventh parallel of north latitude, being the northeast corner of this state, and being more particularly described as the four corners monument, thence south along the boundary line between Arizona and New Mexico to a point where the first standard parallel north intersects such boundary line, being the northeast corner of Greenlee county; thence due west to the Black river; thence westerly and down the Black river along the northern boundary of Greenlee and Graham counties to the east line of range twenty-three east of the Gila and Salt River Guide meridian; thence north along such range line to the former southern boundary line of the Navajo Indian reservation as established by presidential executive order dated January 6, 1880; thence west along such boundary line to the one hundred tenth meridian of west longitude; thence north along such meridian to the boundary line between Utah and Arizona, being approximately the thirty-seventh parallel of north latitude; thence east along such boundary line to its intersection with the boundary line between Arizona and New Mexico, the point of beginning, being the four corners monument.
A.R.S. § 11-1020 — Arizona Code / Title 11 / Chapter 7 / Article 6 / Section 1020
11-1020 Dogs; liability
Status: in_force

11-1020. Dogs; liability

Injury to any person or damage to any property by a dog while at large shall be the full responsibility of the dog owner or person or persons responsible for the dog when such damages were inflicted.
A.R.S. § 11-300 — Arizona Code / Title 11 / Chapter 2 / Article 7 / Section 300
11-300 Tobacco settlement agreement; decreased payments; county contribution
Status: in_force

11-300. Tobacco settlement agreement; decreased payments; county contribution

A. If the total of the initial payment, annual payment and strategic contribution payment, as these terms are prescribed by sections IX(b) and IX(c) of the master settlement agreement entered into on November 23, 1998 between this state and certain United States tobacco product manufacturers, in any fiscal year is less than sixty-six per cent of the original amount identified in that agreement, and the state has used all previous tobacco settlement payments to administer and provide health care, in the following fiscal year the counties shall contribute an amount that equals thirty-three per cent of the difference between the actual payment and sixty-six per cent of that original amount identified for each year of the master settlement agreement. The staff of the joint legislative budget committee shall calculate the total county contribution pursuant to this subsection.

B. The state shall use monies paid by the counties pursuant to subsection A of this section to provide indigent health care services.  If the state does not use all settlement payments for health care costs, the counties are not required to provide monies pursuant to this section.

C. A county's share of the payments prescribed pursuant to subsection A of this section is the percentage of that county's current population to the state's current population.  The staff of the joint legislative budget committee shall calculate each county's contribution.  For the purposes of this subsection, "current population" means the population estimated by the department of economic security as of July 1 of the calendar year that precedes the beginning of a fiscal year.

D. The state treasurer shall withhold the amount owed by a county from any payments required to be made by the state treasurer to that county pursuant to section 42-5029, subsection D, paragraph 2 after any amounts withheld for the county long-term care contribution or the county administration contribution pursuant to section 11-292, subsection O.  If the monies the state treasurer withholds are insufficient to meet that county's funding requirements as specified in this section, the state treasurer shall withhold from any other monies payable to that county from whatever state funding source is available an amount necessary to fulfill that county's requirements.  The state treasurer may not withhold distribution from the highway user revenue fund pursuant to title 28, chapter 18, article 2.

E. On or before the fifth day of each month each county shall pay to the state treasurer an amount equal to one-twelfth of the total monies prescribed pursuant to this section.  The state treasurer shall deposit these monies in the budget neutrality compliance fund established by section 36-2928.  On request from the director of the Arizona health care cost containment system administration, the state treasurer shall require a county to make up to three months' payments in advance.
A.R.S. § 11-969 — Arizona Code / Title 11 / Chapter 7 / Article 4 / Section 969
11-969 Payments not income or resource; welfare assistance
Status: in_force

11-969. Payments not income or resource; welfare assistance

No payment received by a displaced person under this article shall be considered as income for the purposes of the provisions of title 43 relating to the taxation of income, nor shall such payments or real property purchased with such payments or the payment for the real property acquisition which necessitates the relocation be considered as income or resources for the purposes of determining eligibility or extent of eligibility of any person for public assistance. Nor shall such payments be deducted from the amount of aid to which the recipient would otherwise be entitled under any federal, state, county or city welfare program.
A.R.S. § 11-901 — Arizona Code / Title 11 / Chapter 7 / Article 1 / Section 901
11-901 Establishment and maintenance of libraries
Status: in_force

11-901. Establishment and maintenance of libraries

The board of supervisors may either:

1. Establish and maintain, within the county, a county free library district in the manner and with the powers prescribed in this article and title 48, chapter 24.

2. Establish, operate and maintain a county free library system using county general fund monies.
A.R.S. § 11-1137 — Arizona Code / Title 11 / Chapter 8 / Article 2 / Section 1137
11-1137 Violations; classification
Status: in_force

11-1137. Violations; classification

A. A county recorder or employee of the recorder who knowingly records any deed or contract for which a fee is charged by this article without collecting the additional fee is guilty of a class 2 misdemeanor.

B. Any person who knowingly fails to provide or knowingly falsifies the information that is required by this article on the affidavit of legal value is guilty of a class 2 misdemeanor.
A.R.S. § 11-402 — Arizona Code / Title 11 / Chapter 3 / Article 1 / Section 402
11-402 Qualifications
Status: in_force

11-402. Qualifications

A person shall not be eligible for a county office, whether elective or appointive, nor shall a certificate of election or commission issue to any person, unless he is, at the time of his election or appointment, eighteen years of age or over, a resident of the state, an elector of the county or precinct in which the duties of the office are to be exercised and able to read and write the English language. The board of supervisors shall be the sole judge of such qualifications, subject to review by certiorari in the superior court.
A.R.S. § 11-251.15 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 251.15
11-251.15 Prisoner home detention program; eligibility; monitoring; procedures; continuous alcohol monitoring program; home detention for persons sentenced for driving under the influence of alcohol or drugs
Status: in_force

11-251.15. Prisoner home detention program; eligibility; monitoring; procedures; continuous alcohol monitoring program; home detention for persons sentenced for driving under the influence of alcohol or drugs

A. A county may establish a home detention program for eligible sentenced prisoners, which shall be treated the same as confinement in jail. The presiding justice of the peace of the county justice court shall approve the program before its implementation.

B. A prisoner is not eligible for a home detention program or a continuous alcohol monitoring program if any of the following applies:

1. The prisoner is found by the court to constitute a risk to either himself or other members of the community.

2. The prisoner has a past history of violent behavior.

3. The sentencing judge states at the time of the sentence that the prisoner may not be eligible for a home detention program or a continuous alcohol monitoring program.

C. For prisoners who are selected for a program established pursuant to subsection A of this section, the court may require electronic monitoring in the prisoner's home whenever the prisoner is not at the prisoner's regular place of employment or while the prisoner is assigned to a community work task.  If electronic monitoring is required, the prisoner shall remain under the control of a home detention device that constantly monitors the prisoner's location in order to determine that the prisoner has not left the prisoner's premises.  In all other cases, the court shall implement a system of monitoring using telephone contact or other appropriate methods to assure compliance with the home detention requirements. The court may place appropriate restrictions on prisoners in the program, including testing prisoners for consumption of alcoholic beverages or drugs or prohibiting association with individuals who are determined to be detrimental to the prisoner's successful participation in the program.

D. If a prisoner is placed on electronic monitoring pursuant to subsection C of this section, the court may order the prisoner to pay the electronic monitoring fee in an amount ranging from zero to full cost and thirty dollars per month while on electronic monitoring unless, after determining the inability of the prisoner to pay these fees, the court assesses a lesser fee. The county shall use the fees collected to offset operational costs of the program.

E. The court may allow prisoners to be away from home detention for special purposes, including church attendance, medical appointments or funerals.

F. At any time the court may terminate a prisoner's participation in the home detention program or continuous alcohol monitoring program and require that the prisoner complete the remaining term of the prisoner's sentence in jail confinement.

G. If authorized by the court, a person who is sentenced pursuant to section 28-1381 or 28-1382 shall not be placed under home detention or a continuous alcohol monitoring program except as provided in subsections H through M of this section.

H. By a majority vote of the full membership of the board of supervisors after a public hearing and a finding of necessity, a county may establish a home detention program for persons who are sentenced to jail confinement pursuant to section 28-1381 or 28-1382.  A prisoner who is placed under the program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in alcohol or substance abuse programs unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount.  The county shall use the collected monies to offset operational costs of the program.

I. A county may establish a continuous alcohol monitoring program for persons who are sentenced to jail confinement pursuant to section 28-1381 or 28-1382, which shall be treated the same as confinement in jail. The presiding justice of the peace of the county justice court shall approve the program before its implementation. A prisoner who is placed under a continuous alcohol monitoring program established pursuant to this section shall bear the cost of all testing, monitoring and enrollment in the program and pay thirty dollars per month while in the program, unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The county shall use the collected monies to offset operational costs of the program.

J. If the county establishes a home detention or continuous alcohol monitoring program under subsection H or I of this section, a prisoner must meet the following eligibility requirements for the program:

1. Subsection B of this section applies in determining eligibility for the program.

2. If the prisoner is sentenced under section 28-1381, subsection I, the prisoner first serves a minimum of one day in jail.

3. Notwithstanding section 28-1387, subsection C, if the prisoner is sentenced under section 28-1381, subsection K or section 28-1382, subsection D or E, the prisoner first serves a minimum of twenty per cent of the initial term of incarceration in jail before being placed under home detention or continuous alcohol monitoring.

4. If placed under home detention, the prisoner is required to comply with all of the following provisions for the duration of the prisoner's participation in the home detention program:

(a) All of the provisions of subsections C through E of this section.

(b) Testing at least once a day for the use of alcoholic beverages or drugs by a scientific method that is not limited to urinalysis or a breath or intoxication test in the prisoner's home or at the office of a person designated by the court to conduct these tests.

(c) Participation in an alcohol or drug program, or both. These programs shall be accredited by the department of health services or a county probation department.

(d) Prohibition of association with any individual determined to be detrimental to the prisoner's successful participation in the program.

(e) All other provisions of the sentence imposed.

5. Any additional eligibility criteria that the court may impose.

K. If a county establishes a home detention program under subsection H of this section, the court, on placing the prisoner in the program, shall require electronic monitoring in the prisoner's home and, if consecutive hours of jail time are ordered, shall require the prisoner to remain at home during the consecutive hours ordered.  The detention device shall constantly monitor the prisoner's location to ensure that the prisoner does not leave the premises.

L. The court may terminate a prisoner's participation in the home detention or continuous alcohol monitoring program and require the prisoner to complete the remaining term of the jail sentence by jail confinement if:

1. The prisoner fails to successfully complete a court ordered alcohol or drug screening, counseling, education and treatment program pursuant to subsection J, paragraph 4, subdivision (c) of this section or section 28-1381, subsection J or L.

2. If placed under home detention, the court finds that the prisoner left the premises without permission of the court or supervising authority during a time the prisoner is ordered to be on the premises.

M. At any other time the court may terminate a prisoner's participation in the home detention or continuous alcohol monitoring program and require the prisoner to complete the remaining term of the jail sentence by jail confinement.

N. The county board of supervisors may terminate the program established under subsection H of this section by a majority vote of the full membership of the governing body.
A.R.S. § 11-571 — Arizona Code / Title 11 / Chapter 3 / Article 10 / Section 571
11-571 County volunteer forest fire wardens; appointment; term
Status: in_force

11-571. County volunteer forest fire wardens; appointment; term

Judges of the superior court in each county may appoint any number of voluntary forest fire wardens deemed necessary for the proper protection of the forested lands within the county. The wardens shall serve without pay, and their appointments shall expire on November 1 each year.
A.R.S. § 11-1011 — Arizona Code / Title 11 / Chapter 7 / Article 6 / Section 1011
11-1011 Rabies control fund
Status: in_force

11-1011. Rabies control fund

A. The board of supervisors shall transmit the monies collected under the provisions of this article to the county treasurer for deposit in a special fund to be known as the rabies control fund to be used for the enforcement of the provisions of this article and the regulations promulgated thereunder. The county treasurer shall maintain the fund.

B. Any unencumbered balance remaining in the rabies control fund at the end of a fiscal year shall be carried over into the following fiscal year.
A.R.S. § 11-251 — Arizona Code / Title 11 / Chapter 2 / Article 4 / Section 251
11-251 Powers of board
Status: in_force

11-251. Powers of board

The board of supervisors, under such limitations and restrictions as are prescribed by law, may:

1. Supervise the official conduct of all county officers and officers of all districts and other subdivisions of the county charged with assessing, collecting, safekeeping, managing or disbursing the public revenues, see that the officers faithfully perform their duties and direct prosecutions for delinquencies, and, when necessary, require the officers to renew their official bonds, make reports and present their books and accounts for inspection.

2. Divide the counties into districts or precincts as required by law, change the districts or precincts and create others as convenience requires.

3. Establish, abolish and change election precincts, appoint inspectors and judges of elections, canvass election returns, declare the result and issue certificates thereof.

4. Lay out, maintain, control and manage public roads, ferries and bridges within the county and levy such tax for that purpose as may be authorized by law.

5. Provide for the care and maintenance of the sick of the county, erect and maintain hospitals for that purpose and, in its discretion, provide a farm in connection with the county hospital and adopt ordinances for working the farm.

6. Provide suitable rooms for county purposes.

7. Purchase, receive by donation or lease real or personal property necessary for the use of the county prison and take care of, manage and control the property, but a purchase of real property shall not be made unless the value has been previously estimated by three disinterested citizens of the county, appointed by the board for that purpose, and not more than the appraised value shall be paid for the property.

8. Cause to be erected and furnished a courthouse, jail and hospital and other buildings as necessary, and construct and establish a branch jail, when necessary, at a point distant from the county seat.

9. Sell at public auction, after thirty days' previous notice given by publication in a newspaper of the county, stating the time and place of the auction, and convey to the highest bidder, for cash or contract of purchase extending not more than ten years after the date of sale and on such terms and for such consideration as the board shall prescribe, any property belonging to the county that the board deems advantageous for the county to sell, or that the board deems unnecessary for use by the county, and shall pay the proceeds of the sale into the county treasury for use of the county, except that personal property need not be sold but may be used as a trade-in on the purchase of personal property when the board deems this disposition of the personal property to be in the best interests of the county.  If the property for sale is real property, the board shall have the property appraised by an appraiser who is licensed or certified pursuant to title 32, chapter 36. The appraiser shall establish a market value as defined in section 28-7091 for the property. The minimum acceptable bid for the purchase of the property shall be at least ninety percent of the market value, except that if the property has no market value or a net value as defined in section 28-7095, subsection F of $10,000 or less, the value of the property may be justified by a market analysis that is based on comparable sales. The notice regarding the sale of real property shall be published in the county where the property is situated and may be published in one or more other counties, and shall contain, among other things, the market value, the minimum acceptable sale price, and the common and legal description of the real property. Notwithstanding the requirement for a sale at public auction prescribed in this paragraph, a county, with unanimous consent of the board and without a public auction, may sell or lease any county property to any other duly constituted governmental entity, including the state, cities, towns and other counties. A county, with unanimous consent of the board and without public auction, may grant an easement on county property for public purposes to a utility as defined in section 40-491. A county, with unanimous consent of the board and without public auction, may sell or lease any county property for a specific use to any solely charitable, social or benevolent nonprofit organization incorporated or operating in this state. A county may dispose of surplus equipment and materials that have little or no value or that are unauctionable in any manner authorized by the board.

10. Examine and exhibit the accounts and performance of all officers having the care, management, collection or disbursement of monies belonging to the county or appropriated by law or otherwise for the use and benefit of the county. The working papers and other audit files in an examination and audit of the accounts and performance of a county officer are not public records and are exempt from title 39, chapter 1. The information contained in the working papers and audit files prepared pursuant to a specific examination or audit is not subject to disclosure, except to the county attorney and the attorney general in connection with an investigation or action taken in the course of their official duties.

11. Examine, settle and allow all accounts legally chargeable against the county, order warrants to be drawn on the county treasurer for that purpose and provide for issuing the warrants.

12. Levy such tax annually on the taxable property of the county as may be necessary to defray the general current expenses thereof, including salaries otherwise unprovided for, and levy such other taxes as are required to be levied by law.

13. Equalize assessments.

14. Direct and control the prosecution and defense of all actions to which the county is a party, and compromise them.

15. Insure the county buildings in the name of and for the benefit of the county.

16. Fill by appointment all vacancies occurring in county or precinct offices.

17. Adopt provisions necessary to preserve the health of the county, and provide for the expenses thereof.

18. With the approval of the department of health services, contract with any qualified person to provide all or part of the health services, funded through the department of health services with federal or state monies, that the board in its discretion extends to residents of the county.

19. Contract for county printing and advertising, and provide books and stationery for county officers.

20. Provide for rebinding county records, or, if necessary, the transcribing of county records.

21. Make and enforce necessary rules and regulations for the government of its body, the preservation of order and the transaction of business.

22. Adopt a seal for the board, a description and impression of which shall be filed by the clerk in the office of the county recorder and the secretary of state.

23. Establish, maintain and conduct or aid in establishing, maintaining and conducting public aviation fields, purchase, receive by donation or lease any property necessary for that purpose, lease, at a nominal rental if desired, sell such aviation fields or property to the United States or any department, or sell or lease such aviation fields to a city, exchange lands acquired pursuant to this section for other lands, or act in conjunction with the United States in maintaining, managing and conducting all such property. If any such property or part of that property is not needed for these purposes, it shall be sold by the board and the proceeds shall be paid into the general fund of the county.

24. Acquire and hold property for the use of county fairs and conduct, take care of and manage them.

25. Authorize the sheriff to offer a reward, not exceeding $10,000 in one case, for information leading to the arrest and conviction of persons charged with crime.

26. Contract for the transportation of insane persons to the state hospital or direct the sheriff to transport such persons. The county is responsible for such expense to the extent the expense is not covered by any third-party payor.

27. Provide for the reasonable expenses of burial for deceased indigents as provided in section 36-831 and maintain a permanent register of deceased indigents, including name, age and date of death, and when burial occurs, the board shall mark the grave with a permanent marker giving the name, age and date of birth, if known.

28. Sell or grant to the United States the title or interest of the county in any toll road or toll train in or partly within a national park, on such terms as may be agreed on by the board and the secretary of the interior of the United States.

29. Enter into agreements for acquiring rights-of-way, construction, reconstruction or maintenance of highways in their respective counties, including highways that pass through Indian reservations, with the government of the United States, acting through its duly authorized officers or agents pursuant to any act of Congress, except that the governing body of any Indian tribe whose lands are affected must consent to the use of its land, and any such agreements entered into before June 26, 1952 are validated and confirmed.

30. Do and perform all other acts and things necessary to the full discharge of its duties as the legislative authority of the county government, including receiving and accepting payment of monies by credit card or debit card, or both.  Any fees or costs incurred by the use of the credit or debit card shall be paid by the person tendering payment unless the charging entity determines that the financial benefits of accepting credit cards or debit cards exceeds the additional processing fees.

31. Make and enforce all local, police, sanitary and other regulations not in conflict with general law.

32. Budget for funds for foster home care during the school week for children with intellectual disabilities and children with other disabilities who reside within the county and attend a school for students with disabilities in a city or town within the county.

33. Do and perform all acts necessary to enable the county to participate in the economic opportunity act of 1964 (P.L. 88-452; 78 Stat. 508), as amended.

34. Provide a plan or plans for its employees that provide tax deferred annuity and deferred compensation plans as authorized pursuant to title 26, United States Code. Such plans shall allow voluntary participation by all employees of the county. Participating employees shall authorize the board to make reductions in their remuneration as provided in an executed deferred compensation agreement.

35. Adopt and enforce standards for shielding and filtration of commercial or public outdoor portable or permanent light fixtures in proximity to astronomical or meteorological laboratories.

36. Subject to the prohibitions, restrictions and limitations as set forth in section 11-812, adopt and enforce standards for excavation, landfill and grading to prevent unnecessary loss from erosion, flooding and landslides.

37. Make and enforce necessary ordinances for the operation and licensing of any establishment not in the limits of an incorporated city or town in which is carried on the business of providing baths, showers or other forms of hydrotherapy or any service of manual massage of the human body.

38. Provide pecuniary compensation as salary or wages for overtime work performed by county employees, including those employees covered by title 23, chapter 2, article 9.  In so providing, the board may establish salary and wage plans incorporating classifications and conditions prescribed by the federal fair labor standards act.

39. Establish, maintain and operate facilities that provide for physical evaluation, diagnosis and treatment of patients and that do not keep patients overnight as bed patients or treat patients under general anesthesia.

40. Enact ordinances under its police authority prescribing reasonable curfews in the entire unincorporated area or any area less than the entire unincorporated area of the county for minors and fines not to exceed the fine for a petty offense for violation of such ordinances.  This paragraph does not require a request from an association or a majority of the residents of an area before the board may enact an ordinance applicable to the entire or any portion of the unincorporated area. An ordinance enacted pursuant to this paragraph shall provide that a minor is not violating a curfew if the minor is accompanied by a parent, a guardian or an adult having supervisorial custody, is on an emergency errand or has been specifically directed to the location on reasonable, legitimate business or some other activity by the parent, guardian or adult having supervisorial custody.  If no curfew ordinance is applicable to a particular unincorporated area of the county, the board may adopt a curfew ordinance on the request or petition of either:

(a) A homeowners' association that represents a majority of the homeowners in the area covered by the association and to which the curfew would apply.

(b) A majority of the residents of the area to which the curfew would apply.

41. Lease or sublease personal property owned by the county to other political subdivisions of this state to be used for a public purpose.

42. In addition to the agreements authorized by section 11-651, enter into long-term agreements for the purchase of personal property, provided that the board may cancel any such agreement at the end of a fiscal year, at which time the seller may repossess the property and the agreement is deemed terminated.

43. Make and enforce necessary ordinances not in conflict with the laws of this state to regulate off-road recreational motor vehicles that are operated within the county on public lands without lawful authority or on private lands without the consent of the lawful owner or that generate air pollution.  For the purposes of this paragraph, "off-road recreational motor vehicle" means three and four wheel vehicles manufactured for recreational nonhighway all-terrain travel.

44. Acquire land for roads, drainage ways and other public purposes by exchange without public auction, except that notice shall be published thirty days before the exchange, listing the property ownership and descriptions.

45. Purchase real property for public purposes, provided that final payment is made not later than five years after the date of purchase.

46. Lease-purchase real property and improvements for real property for public purposes, provided that final payment is made not later than twenty-five years after the date of purchase. Any increase in the final payment date from fifteen years up to the maximum of twenty-five years shall be made only on unanimous approval by the board of supervisors.

47. Make and enforce ordinances for the protection and disposition of domestic animals subject to inhumane, unhealthful or dangerous conditions or circumstances. An ordinance enacted pursuant to this paragraph shall not restrict or limit the authority of the game and fish commission to regulate the taking of wildlife. This paragraph does not limit or restrict the authority granted to cities, towns or counties pursuant to section 13-2910. For the purposes of this paragraph, "domestic animal" means an animal kept as a pet and not primarily for economic purposes.

48. If a part of a parcel of land is to be taken for roads, drainage, flood control or other public purposes and the board and the affected property owner determine that the remainder will be left in such a condition as to give rise to a claim or litigation concerning severance or other damage, acquire the whole parcel by purchase, donation, dedication, exchange, condemnation or other lawful means, and the remainder may be sold or exchanged for other properties needed for any public purpose.

49. Make and enforce necessary rules providing for the reimbursement of travel and subsistence expenses of members of county boards, commissions and advisory committees when acting in the performance of their duties, if the board, commission or advisory committee is authorized or required by federal or state law or county ordinance, and the members serve without compensation.

50. Provide a plan or plans for county employee benefits that allow for participation in a cafeteria plan that meets the requirements of the United States internal revenue code of 1986.

51. Provide for fringe benefits for county employees, including sick leave, personal leave, vacation and holiday pay and jury duty pay.

52. Make and enforce ordinances that are more restrictive than state requirements to reduce or encourage the reduction of carbon monoxide and ozone levels, provided an ordinance does not establish a standard for vehicular emissions, including ordinances to reduce or encourage the reduction of the commuter use of motor vehicles by employees of the county and employees whose place of employment is in unincorporated areas of the county.

53. Make and enforce ordinances to provide for the reimbursement of up to one hundred percent of the cost to county employees of public bus or van pool transportation to and from their place of employment.

54. Lease for public purposes any real property, improvements for real property and personal property under the same terms and conditions, to the extent applicable, as are specified in sections 11-651 and 11-653 for lease-purchases.

55. Enact ordinances prescribing regulation of alarm systems and providing for civil penalties to reduce the incidence of false alarms at business and residential structures relating to burglary, robbery, fire and other emergencies not within the limits of an incorporated city or town.

56. In addition to paragraph 9 of this section, and notwithstanding section 23-504, sell or dispose of, at no less than market value, county personal property that the board deems no longer useful or necessary through a retail outlet or to another government entity if the personal property has a market value of not more than $1,000, or by retail sale or private bid, if the personal property has a market value of not more than $15,000.  Notice of sales in excess of $1,000 shall include a description and sale price of each item and shall be published in a newspaper of general circulation in the county, and for thirty days after notice other bids may be submitted that exceed the sale price by at least five percent.  The county shall select the highest bid received at the end of the thirty-day period.

57. Sell services, souvenirs, sundry items or informational publications that are uniquely prepared for use by the public and by employees and license and sell information systems and intellectual property developed from county resources that the county is not obligated to provide as a public record.

58. On unanimous consent of the board of supervisors, license, lease or sell any county property pursuant to paragraphs 56 and 57 of this section at less than market value to any other governmental entity, including this state, cities, towns, public improvement districts or other counties within or outside of this state, or for a specific purpose to any charitable, social or benevolent nonprofit organization incorporated or operating in this state.

59. On unanimous consent of the board of supervisors, provide technical assistance and related services to a fire district pursuant to an intergovernmental agreement.

60. Adopt contracting procedures for the operation of a county health system pursuant to section 11-291. Before the adoption of contracting procedures the board shall hold a public hearing. The board shall publish one notification in a newspaper of general circulation in the county seat at least fifteen days before the hearing.

61. Enter into an intergovernmental agreement pursuant to chapter 7, article 3 of this title for a city or town to provide emergency fire or emergency medical services pursuant to section 9-500.23 to a county island as defined in section 11-251.12. The board may charge the owners of record in the county island a fee to cover the cost of an intergovernmental agreement that provides fire and emergency medical services.

62. In counties that employ or have designated an animal control county enforcement agent pursuant to section 11-1005, enter into agreements with foundations or charitable organizations to solicit donations, property or services, excluding enforcement or inspection services, for use by the county enforcement agent solely to perform nonmandated services and to fund capital improvements for county animal control, subject to annual financial and performance audits by an independent party as designated by the county board of supervisors.  For the purposes of this paragraph, nonmandated services are limited to low cost spay and neuter services, public education and outreach efforts, pet adoption efforts, care for pets that are victims of cruelty or neglect and support for volunteer programs.

63. Adopt and provide for the enforcement of ordinances prohibiting open fires and campfires on designated lands in the unincorporated areas of the county when a determination of emergency is issued by the county emergency management officer and the board deems it necessary to protect public health and safety on those lands.

64. Fix the amount of license fees to be paid by any person, firm, corporation or association for carrying on any game or amusement business in unincorporated areas of the county and prescribe the method of collection or payment of those fees, for a stated period in advance, and fix penalties for failure to comply by fine. This article does not authorize any county to require an occupational license or fee for any activity if state law precludes requiring such a license or fee.

65. Adopt and enforce ordinances for the prevention, abatement and removal of graffiti, providing that any restrictions on the retail display of potential graffiti tools be limited to any of the following, as determined by the retail business:

(a) In a place that is in the line of sight of a cashier or in the line of sight from a work station normally continuously occupied during business hours.

(b) In a manner that makes the product accessible to a patron of the business establishment only with the assistance of an employee of the establishment.

(c) In an area electronically protected, or viewed by surveillance equipment that is monitored, during business hours.

66. Adopt ordinances and fees related to the implementation of a local stormwater quality program pursuant to title 49, chapter 2, article 11.

67. Enter into agreements with federal, state and local governments for the acceptance, management and distribution of federal funds related to projects to increase water supply and availability to any of the following:

(a) A municipal water provider as defined in section 48-5901.

(b) An irrigation district for agricultural use within the county.

(c) A county flood control district for aquifer recharge within the county.

68. Participate in water reuse and recycling programs and regional wastewater recharge projects and related infrastructure.
A.R.S. § 11-534 — Arizona Code / Title 11 / Chapter 3 / Article 6 / Section 534
11-534 Effect of failure of county attorney to attend court
Status: in_force

11-534. Effect of failure of county attorney to attend court

If the county attorney fails to attend in person, or by deputy, any session of the superior court at which a criminal action is to be tried, the court may designate some other person to perform the duties of county attorney during his absence from court. The person so designated shall receive a reasonable compensation, to be fixed by the court and paid by the county treasurer, and the amount thereof shall be deducted from the salary of the county attorney.
A.R.S. § 11-442 — Arizona Code / Title 11 / Chapter 3 / Article 2 / Section 442
11-442 Ranger deputies; appointment and compensation
Status: in_force

11-442. Ranger deputies; appointment and compensation

By and with the advice and consent of the board of supervisors, the sheriff may appoint ranger deputies whose compensation shall be fixed by the board, not to exceed one hundred twenty-five dollars per month for each deputy for salary and expenses incurred. Every ranger deputy shall provide and keep at his own expense a means of travel to be used by him in the discharge of his duty.
A.R.S. § 11-444 — Arizona Code / Title 11 / Chapter 3 / Article 2 / Section 444
11-444 Expenses of sheriff as county charge; expense fund
Status: in_force

11-444. Expenses of sheriff as county charge; expense fund

A. The sheriff shall be allowed actual and necessary expenses incurred by the sheriff in pursuit of criminals, for transacting all civil or criminal business and for service of all process and notices, and such expenses shall be a county charge, except that the allowable expenses of service of process in civil actions shall be as provided in section 11-445.

B. The board shall, at the first regular meeting in each month, set apart from the expense fund of the county a sum sufficient to pay the estimated traveling and other expenses of the sheriff during the month, which shall be not less than the amount paid for the expenses for the preceding month. The sum so set apart shall thereupon be paid over to the sheriff for the payment of such expenses.

C. At the end of each month the sheriff shall render a full and true account of such expenses, and any balance remaining unexpended shall be paid by the sheriff into the county treasury. If the sum so paid over is insufficient to pay the expenses incurred during the month, the excess shall be allowed and paid as other claims against the county.
A.R.S. § 11-459 — Arizona Code / Title 11 / Chapter 3 / Article 2 / Section 459
11-459 Prisoner work, community restitution work and home detention program; eligibility; monitoring; procedures; continuous alcohol monitoring program; home detention for persons sentenced for driving under the influence of alcohol or drugs; community restitution work committee; members; duties
Status: in_force

11-459. Prisoner work, community restitution work and home detention program; eligibility; monitoring; procedures; continuous alcohol monitoring program; home detention for persons sentenced for driving under the influence of alcohol or drugs; community restitution work committee; members; duties

A. The sheriff may establish a prisoner work, community restitution work and home detention program for eligible sentenced prisoners, which shall be treated the same as confinement in jail and shall fulfill the sheriff's duty to take charge of and keep the county jail and prisoners.

B. A prisoner is not eligible for a prisoner work, community restitution work and home detention program or a continuous alcohol monitoring program if any of the following applies:

1. After independent review and determination of the jail's classification program, the prisoner is found by the sheriff to constitute a risk to either himself or other members of the community.

2. The prisoner has a past history of violent behavior.

3. The prisoner has been convicted of a serious offense as defined in section 13-706 or has been sentenced as a dangerous offender pursuant to section 13-704 or repetitive offender pursuant to section 13-703.

4. Jail time is being served as a result of a felony conviction.

5. The sentencing judge states at the time of the sentence that the prisoner may not be eligible for a prisoner work, community restitution work and home detention program or a continuous alcohol monitoring program.

6. The prisoner is sentenced to a county jail and is being held for another jurisdiction.

C. If a prisoner is selected for a program established pursuant to subsection A of this section, the sheriff may require electronic monitoring in the prisoner's home whenever the prisoner is not at the prisoner's regular place of employment or while the prisoner is assigned to a community work task.  If electronic monitoring is required, the prisoner shall remain under the control of a home detention device that constantly monitors the prisoner's location in order to determine that the prisoner has not left the prisoner's premises. In all other cases, the sheriff shall implement a system of monitoring using visitation, telephone contact or other appropriate methods to assure compliance with the home detention requirements.  The sheriff may place appropriate restrictions on prisoners in the program, including testing prisoners for consumption of alcoholic beverages or drugs or prohibiting association with individuals who are determined to be detrimental to the prisoner's successful participation in the program.

D. If a prisoner is placed on electronic monitoring pursuant to subsection C of this section, the court may order the prisoner to pay the electronic monitoring fee in an amount ranging from zero to full cost and thirty dollars per month while on electronic monitoring unless, after determining the inability of the prisoner to pay these fees, the sheriff assesses a lesser fee. The sheriff shall use the fees collected to offset operational costs of the program.

E. The sheriff may require that a prisoner who is employed during the week also participate in community restitution work programs on weekends.

F. The sheriff may allow prisoners to be away from home detention for special purposes, including church attendance, medical appointments or funerals. The standard for review and determination of such leave is the same as that implemented to decide transportation requests for similar purposes made by prisoners who are confined in the county jail.

G. Community restitution work shall include public works projects operated and supervised by public agencies of this state or counties, cities or towns on recommendation of the community restitution work committee and approval of the sheriff.  The community restitution work committee may also recommend and the sheriff may approve other forms of community restitution work sponsored and supervised by public or private community oriented organizations and agencies.

H. The community restitution work committee is established in each county and is composed of two designees of the sheriff, a representative of the county attorney's office selected by the county attorney, a representative of a local police agency selected by the police chief of the largest city in the county and three persons selected by the county board of supervisors from the private sector.  A sheriff's designee shall serve as committee chairman and schedule all meetings.  The committee shall meet as often as necessary, but no less than once every three months, for the purpose of considering and recommending appropriate community restitution work projects for home detention prisoners. The committee shall make its recommendations to the sheriff. Members are not eligible to receive compensation.

I. At any time the sheriff may terminate a prisoner's participation in the prisoner work, community restitution work and home detention program or continuous alcohol monitoring program and require that the prisoner complete the remaining term of the prisoner's sentence in jail confinement.

J. If authorized by the court, a person who is sentenced pursuant to section 28-1381 or 28-1382 shall not be placed under home detention in a prisoner work, community restitution work and home detention program or a continuous alcohol monitoring program except as provided in subsections K through Q of this section.

K. By a majority vote of the full membership of the board of supervisors after a public hearing and a finding of necessity a county may authorize the sheriff to establish a home detention program for persons who are sentenced to jail confinement pursuant to section 28-1381 or 28-1382. If the board authorizes the establishment of a home detention program, a county sheriff may establish the program. A prisoner who is placed under the program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in alcohol or substance abuse programs unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The county shall use the collected monies to offset operational costs of the program.

L. A county sheriff may establish a continuous alcohol monitoring program for persons who are sentenced to jail confinement pursuant to section 28-1381 or 28-1382, which shall be treated the same as confinement in jail and shall fulfill the sheriff's duty to take charge of and keep the county jail and prisoners. A prisoner who is placed under a continuous alcohol monitoring program established pursuant to this subsection shall bear the cost of all testing, monitoring and enrollment in the program and pay thirty dollars per month while in the program, unless, after determining the inability of the prisoner to pay the cost, the court assesses a lesser amount. The county shall use the collected monies to offset operational costs of the program.

M. If a county sheriff establishes a home detention or continuous alcohol monitoring program under subsection K or L of this section, a prisoner must meet the following eligibility requirements for the program:

1. Subsection B of this section applies in determining eligibility for the program.

2. If the prisoner is sentenced under section 28-1381, subsection I, the prisoner first serves a minimum of one day in jail.

3. Notwithstanding section 28-1387, subsection C, if the prisoner is sentenced under section 28-1381, subsection K or section 28-1382, subsection D or E, the prisoner first serves a minimum of twenty per cent of the initial term of incarceration in jail before being placed under home detention or continuous alcohol monitoring.

4. If placed under home detention, the prisoner is required to comply with all of the following requirements for the duration of the prisoner's participation in the home detention program:

(a) All of the provisions of subsections C through G of this section.

(b) Testing at least once a day for the use of alcoholic beverages or drugs by a scientific method that is not limited to urinalysis or a breath or intoxication test in the prisoner's home or at the office of a person designated by the court to conduct these tests.

(c) Participation in an alcohol or drug program, or both. These programs shall be accredited by the department of health services or a county probation department.

(d) Prohibition of association with any individual determined to be detrimental to the prisoner's successful participation in the program.

(e) All other provisions of the sentence imposed.

5. Any additional eligibility criteria that the county may impose.

N. If a county sheriff establishes a home detention program under subsection K of this section, the court, on placing the prisoner in the program, shall require electronic monitoring in the prisoner's home and, if consecutive hours of jail time are ordered, shall require the prisoner to remain at home during the consecutive hours ordered. The detention device shall constantly monitor the prisoner's location to ensure that the prisoner does not leave the premises.  Nothing in this subsection shall be deemed to waive the minimum jail confinement requirements under subsection M, paragraph 2 of this section.

O. The court may terminate a prisoner's participation in the home detention or continuous alcohol monitoring program and require the prisoner to complete the remaining term of the jail sentence by jail confinement if either:

1. The prisoner fails to successfully complete a court ordered alcohol or drug screening, counseling, education and treatment program pursuant to subsection M, paragraph 4, subdivision (c) of this section or section 28-1381, subsection J or L.

2. If placed under home detention, the prisoner leaves the premises during a time that the prisoner is ordered to be on the premises without permission of the court or supervising authority.

P. At any other time the court may terminate a prisoner's participation in the home detention or continuous alcohol monitoring program and require the prisoner to complete the remaining term of the jail sentence by jail confinement.

Q. The sheriff may terminate a program established pursuant to this section at any time.