A.R.S. § 41-2579 — Arizona Code / Title 41 / Chapter 23 / Article 5 / Section 2579
41-2579 Procurement of multiple contacts for certain job-order-contracting construction services and certain professional services; definition
Status: in_force

41-2579. Procurement of multiple contacts for certain job-order-contracting construction services and certain professional services; definition

A. Except as authorized in this section and in sections 41-2535, 41-2536, 41-2537 and 41-2581, a purchasing agency shall not procure in a single procurement multiple contracts for construction services or professional services. In a procurement under this section, there is a single procurement process for all of the multiple contracts included in the procurement.  A purchasing agency may procure under this section:

1. Multiple contracts for similar job-order-contracting construction services to be awarded to separate persons or firms.

2. Multiple contracts for professional services to be awarded to separate persons or firms or to be awarded to a single person or firm as specified in the request for qualifications.

B. A purchasing agency shall provide notice of each procurement under this section and shall award contracts on the basis of demonstrated competence and qualifications for the type of professional services or construction services pursuant to the procedures prescribed in this section.

C. In a procurement pursuant to this section:

1. The following requirements apply:

(a) The purchasing agency and the selection committee shall not request or consider fees, price, man-hours or any other cost information at any point in the selection process under this subsection or under subsection D of this section, including the selection of persons or firms to be interviewed, the selection of persons or firms to be on a final list, in determining the order of preference of persons or firms on a final list or for any other purpose in the selection process.

(b) In determining the persons or firms to participate in any interviews and in determining the persons and firms to be on a final list and their order on a final list, the selection committee shall use and shall consider only the criteria and weighting of criteria specified by the purchasing agency for that purpose as provided in this subsection.  No other factors or criteria may be used in the evaluation, determinations and other actions.

(c) If the purchasing agency enters into the number of multiple contracts being procured for job-order-contracting construction services or professional services, a procurement under this section ends.  After that time the purchasing agency may not use the procurement or any existing final list in the procurement as the basis for entering into a replacement contract with any other person or firm that participated in the procurement.

(d) Notwithstanding any other provision of this section specifying the number of persons or firms to be interviewed, the number of persons or firms to be on a final list or any other numerical specification in this section:

(i) If a smaller number of persons or firms respond to the request for qualifications or if one or more persons or firms drop out of the procurement so that there is a smaller number of persons or firms participating in the procurement, the purchasing agency, as the purchasing agency determines necessary or appropriate, may elect to proceed with the procurement with the participating persons or firms if there are at least two participating responsive and responsible persons or firms.  Alternatively, the purchasing agency may elect to terminate the procurement.

(ii) As to a request for qualifications for professional services or job-order-contracting construction services to be negotiated pursuant to subsection E of this section only, if only one responsive and responsible person or firm responds to the request for qualifications or if one or more persons or firms drop out of the procurement so that only one responsive and responsible person or firm remains in the procurement, the director may elect to proceed with the procurement with only one person or firm if the director determines in writing that the fee negotiated pursuant to subsection E of this section is fair and reasonable and that either other prospective persons or firms had reasonable opportunity to respond or there is not adequate time for a resolicitation.

(iii) If a person or firm on a final list withdraws or is removed from the procurement and the selection committee determines that it is in the best interest of this state, the selection committee may replace that person or firm on the final list with another person or firm that submitted qualifications in the procurement and that is selected by the selection committee as the next most qualified.

2. The purchasing agency shall issue a request for qualifications for each procurement and give adequate public notice of the request for qualifications in the same manner as provided in section 41-2533. The publication shall include the fact that multiple contracts may or will be awarded, shall state the number of contracts that may or will be awarded and shall describe the professional services or job-order-contracting construction services to be performed under each contract.  The request for qualifications shall:

(a) State the following information about the contracts that may or will be awarded:

(i) If the request for qualifications is for multiple contracts for similar job-order-contracting construction services to be awarded to separate persons or firms, that multiple contracts for similar job-order-contracting construction services may or will be awarded, the number of contracts that may or will be awarded, the services to be performed under each of the multiple contracts and that each of the multiple contracts will be awarded to a separate person or firm.

(ii) If the request for qualifications is for multiple contracts for professional services, that multiple contracts for professional services may or will be awarded, the number of contracts that may or will be awarded, the services to be performed under each of the multiple contracts and either that each of the multiple contracts will be awarded to a separate person or firm or that all of the multiple contracts will be awarded to the same person or firm.

(b) State as to final lists:

(i) In a procurement of multiple contracts for professional services to be awarded to a single person or firm, that there will be a single final list of not more than ten persons or firms.

(ii) In a procurement for multiple contracts for similar job-order-contracting construction services to be awarded to separate persons or firms or in a procurement for multiple contracts for similar professional services to be awarded to separate persons or firms, that there will be a single final list and the number of persons or firms on the final list, which shall be the sum of the number of contracts that may or will be awarded and a number that is determined by the purchasing agency and that is not more than ten.

(iii) In a procurement for multiple contracts for different professional services to be awarded to separate persons or firms, that there will be a separate final list for each type of professional services and that the number of persons or firms on each final list will be the number of contracts that may or will be awarded for each type of professional services and a number that is determined by the purchasing agency and that is not more than ten.

(c) As prescribed below, state the selection criteria and relative weight of the selection criteria to be used by the selection committee, except that in a procurement for multiple contracts for job-order-contracting construction services to be awarded to separate persons or firms one of the criteria shall be the person's or firm's subcontractor selection plan or procedures to implement the purchasing agency's subcontractor selection plan.  All selection criteria under this subsection shall be factors that demonstrate competence and qualifications for the type of professional services or job-order-contracting construction services included in the procurement.  If:

(i) Interviews will be held, the request for qualifications shall state the selection criteria and relative weight of the selection criteria to be used in selecting the persons or firms to be interviewed and the request for qualifications may state the selection criteria and relative weight of the selection criteria to be used in selecting the persons or firms on each final list and in determining their order on each final list.  The final list selection criteria and relative weights may be different than the selection criteria and relative weights used to determine the persons or firms to be interviewed.  The request for qualifications also shall state whether the purchasing agency will select the persons or firms on the final list and their order on the final list solely through the results of the interview process or through the combined results of both the interview process and the evaluation of statements of qualifications and performance data submitted in response to the purchasing agency's request for qualifications.

(ii) Interviews will not be held, the request for qualifications shall state the selection criteria and relative weight of the selection criteria to be used in selecting the persons or firms on each final list and in determining their order on each final list.

(d) If the purchasing agency will hold interviews as part of the selection process:

(i) In a procurement of multiple contracts for professional services to be awarded to the same person or firm, state that interviews will be held and that the interviews will be with not more than ten persons or firms.

(ii) In a procurement of multiple contracts for similar job-order-contracting construction services to be awarded to separate persons or firms or in a procurement of multiple contracts for similar professional services to be awarded to separate persons or firms, state that interviews will be held and that the interviews will be with a specified number of persons or firms.  The specified number shall be stated in the request for qualifications, shall be determined by the purchasing agency and shall be not more than ten persons or firms.

(iii) In a procurement of multiple contracts for different professional services to be awarded to separate persons or firms, state that interviews will be held and that the interviews will be with a specified number of persons or firms. The specified number shall be stated in the request for qualifications, shall be determined by the purchasing agency and shall be not more than ten persons or firms.

(e) For procurements of multiple contracts for job-order-contracting construction services to be awarded to separate persons or firms, include either:

(i) A requirement that each person or firm submit a proposed subcontractor selection plan and a requirement that the proposed subcontractor selection plan must select subcontractors based on qualifications alone or on a combination of qualifications and price and shall not select subcontractors based on price alone.

(ii) A subcontractor selection plan adopted by the purchasing agency that applies to the person or firm that is selected to perform the job-order-contracting construction services and that requires subcontractors to be selected based on qualifications alone or on a combination of qualifications and price and not based on price alone and a requirement that each person or firm must submit a description of the procedures it proposes to use to implement the purchasing agency's subcontractor selection plan.

(f) Include a description of the publicly available location of the purchasing agency's protest policy and procedures or, if the purchasing agency does not have a protest policy and procedures, a statement that the protest policy and procedures referred to in subsection J of this section apply to any protests in connection with the procurement.

3. The director or head of the purchasing agency shall initiate an appropriately qualified selection committee for each request for qualifications.  The director or head of the purchasing agency shall ensure that the selection committee members are competent to serve on the selection committee. Each selection committee must include one employee of the purchasing agency or a purchasing agency representative appointed by the purchasing agency.  The same selection committee shall function as to all of the multiple contracts included in the procurement.  If the purchasing agency is procuring multiple contracts for professional services, the purchasing agency shall determine the number and qualifications of the selection committee members. A selection committee for the procurement of multiple contracts for job-order-contracting construction services shall have not more than seven members and shall include at least one person who is a senior management employee of a licensed contractor and one person who is an architect or engineer registered pursuant to section 32-121.  These members may be employees of the purchasing agency or outside consultants. Outside contractors, architects and engineers serving on a selection committee are not entitled to receive compensation from the purchasing agency for performing this service, but the purchasing agency may elect to reimburse outside contractors, architects and engineers for travel, lodging and other expenses incurred in connection with service on a selection committee.  A person who is a member of a selection committee shall not be a contractor under a contract awarded under the procurement or provide any professional services, construction, construction services, materials or other services under the contract.  The selection committee and the purchasing agency shall do the following:

(a) If interviews are specified in the request for qualifications:

(i) The selection committee shall determine the persons or firms to be interviewed by evaluating the statements of qualifications and performance data that are submitted in response to the purchasing agency's request for qualifications based only on the selection criteria and relative weight of the selection criteria stated in the request for qualifications to be used to determine the persons or firms to be interviewed.

(ii) If the selection criteria and relative weight of the selection criteria to be used by the selection committee to select the persons or firms on a final list and to determine their order on a final list are not included in the request for qualifications, before the interviews are held the purchasing agency shall distribute to the persons or firms to be interviewed the selection criteria and relative weight of the selection criteria to be used to select the persons or firms on each final list and to determine their order on each final list.  These selection criteria and relative weight may be different than the selection criteria and relative weight used to determine the persons or firms to be interviewed.

(iii) The selection committee shall conduct interviews with the number of persons or firms to be interviewed as stated in the request for qualifications regarding the professional services or job-order-contracting construction services and the relative methods of approach for furnishing the required professional services or job-order-contracting construction services.

(b) Based only on the selection criteria and relative weight of the selection criteria specified as provided in this subsection for selection of the persons or firms on each final list and their order on each final list, the selection committee shall select the persons or firms for each final list and in the case of a final list or final lists for multiple contracts that will be negotiated under subsection E of this section, rank the persons or firms on each final list in order of preference.  If the procurement is for multiple contracts for different professional services to be awarded to separate persons or firms, there is a separate final list for each type of professional services, and if a person or firm submitted qualifications for more than one type of professional services, the person or firm may be on more than one final list.

(c) If the contract will be awarded under subsection E of this section, before or at the same time as the purchasing agency notifies the persons or firms on each final list that they are on that final list, the purchasing agency shall send actual notice to the following persons or firms that they are not on that final list:

(i) If interviews were held, the other persons and firms interviewed for that final list.

(ii) If interviews were not held, the other persons and firms that made submittals for that final list.

(d) If the contract will be awarded under subsection F of this section, before or at the same time as the purchasing agency notifies the persons or firms on the final list that they are on the final list, the purchasing agency shall send actual notice to each of the following persons or firms that they are not on the final list or that other persons or firms are on the final list:

(i) If interviews were held, the other persons or firms interviewed.

(ii) If interviews were not held, the other persons or firms that made submittals.

D. The purchasing agency shall award multiple contracts specified in the request for qualifications as provided in subsection E or F of this section.

E. The procurement officer shall conduct negotiations with persons or firms on the final list or final lists. The negotiations shall include consideration of compensation and other contract terms that the procurement officer determines to be fair and reasonable to this state.  In making this decision, the procurement officer shall take into account the estimated value, the scope, the complexity and the nature of the professional services or job-order-contracting construction services to be rendered. If in a procurement under this section the procurement officer terminates negotiations with a person or firm on a final list and commences negotiations with another person or firm on that final list, the procurement officer shall not in that procurement recommence negotiations or enter into a contract for the job-order-contracting construction services or professional services covered by that final list with any person or firm on that final list with whom the procurement officer has terminated negotiations.  If the procurement is for:

1. Multiple contracts for professional services to be awarded to a single person or firm, there is one final list and the procurement officer shall enter into negotiations with the highest qualified person or firm on the final list. If the procurement officer is not able to negotiate a satisfactory contract with the highest qualified person or firm on the final list, at compensation and on other contract terms the procurement officer determines to be fair and reasonable, the procurement officer shall then undertake negotiations with the next most qualified person or firm on the final list in sequence until an agreement is reached or a determination is made to reject all persons or firms on the final list.

2. Multiple contracts for similar job-order-contracting construction services to be awarded to separate persons or firms or for multiple contracts for similar professional services to be awarded to separate persons or firms, there is one final list and the procurement officer shall enter into separate negotiations for contracts with the number of the highest qualified persons or firms on the final list equal to the number of contracts to be awarded.  If the procurement officer is not able to negotiate a satisfactory contract with a person or firm with whom the procurement officer has commenced negotiations, the procurement officer shall formally terminate negotiations with that person or firm. The procurement officer shall then undertake negotiations for a contract with the next most qualified person or firm on the final list with whom the procurement officer is not then negotiating and with whom the procurement officer has not previously negotiated in sequence until an agreement is reached for some or all of the multiple contracts included in the request for qualifications or a determination is made to reject all persons or firms on the final list.

3. Multiple contracts for different professional services to be awarded to separate persons or firms, there is a separate final list for each type of professional services and the procurement officer shall enter into separate negotiations for contracts with the number of the highest qualified persons or firms on the final list equal to the number of contracts to be awarded.  If the procurement officer is not able to negotiate a satisfactory contract with a person or firm with whom the procurement officer has commenced negotiations, the procurement officer shall formally terminate negotiations with that person or firm.  The procurement officer shall then undertake negotiations for a contract with the next most qualified person or firm on the final list with whom the procurement officer is not then negotiating and with whom the procurement officer has not previously negotiated in sequence until an agreement is reached for some or all of the multiple contracts included in the request for qualifications or a determination is made to reject all persons or firms on the final list.

F. As an alternative to subsection E of this section, the purchasing agency may award multiple contracts for similar job-order-contracting construction services to be awarded to separate persons or firms as follows:

1. The purchasing agency shall use the selection committee appointed for the request for qualifications pursuant to subsection C of this section.

2. The purchasing agency shall issue a request for proposals to the persons or firms on the final list developed pursuant to subsection C of this section.

3. The request for proposals shall include:

(a) The purchasing agency's project schedule and project final budget for design and construction or life cycle budget for a procurement that includes maintenance services or operations services.

(b) A statement that the multiple contracts will be awarded to a specified number of offerors whose proposals receive the highest number of points under a scoring method.  The specified number of offerors will be the number of contracts included in the procurement.

(c) A description of the scoring method, including a list of the factors in the scoring method and the number of points allocated to each factor.  The factors in the scoring method may include:

(i) Offeror qualifications.

(ii) Offeror financial capacity.

(iii) Compliance with the purchasing agency's project schedule.

(iv) The price or life cycle price for procurements that include maintenance services, operations services or finance services.

(v) An offeror quality management plan.

(vi) Other evaluation factors that demonstrate competence and qualifications for the job-order-contracting construction services in the request for proposals as determined by the purchasing agency, if any.

(d) A requirement that each offeror submit separately a technical proposal and a price proposal and that the offeror's entire proposal be responsive to the requirements in the request for proposals.

(e) A statement that in applying the scoring method the selection committee will separately evaluate the technical proposal and the price proposal and will evaluate and score the technical proposal before opening the price proposal.

(f) If the purchasing agency conducts discussions pursuant to paragraph 5 of this subsection, a statement that discussions will be held and a requirement that each offeror submit a preliminary technical proposal before the discussions are held.

4. If the purchasing agency determines to conduct discussions pursuant to paragraph 5 of this subsection, each offeror shall submit a preliminary technical proposal to the purchasing agency before those discussions are held.

5. If determined by the purchasing agency and included by the purchasing agency in the request for proposals, the selection committee shall conduct discussions with all offerors that submit preliminary technical proposals.  Discussions shall be for the purpose of clarification to ensure full understanding of, and responsiveness to, the solicitation requirements. Offerors shall be accorded fair treatment with respect to any opportunity for discussion and for clarification by the purchasing agency. Revision of preliminary technical proposals shall be allowed after submission of preliminary technical proposals and before award for the purpose of obtaining best and final proposals.  In conducting any discussions, information derived from proposals submitted by competing offerors shall not be disclosed to other competing offerors.

6. After completion of any discussions pursuant to paragraph 5 of this subsection or if no discussions are held, each offeror shall separately submit the offeror's final technical proposal and its price proposal.

7. Before opening any price proposal, the selection committee shall open the final technical proposals, evaluate the final technical proposals and score the final technical proposals using the scoring method in the request for proposals. No other factors or criteria may be used in the evaluation and scoring.

8. After completion of the evaluation and scoring of all final technical proposals, the selection committee shall open the price proposals, evaluate the price proposals, score the price proposals and complete the scoring of the entire proposals using the scoring method in the request for proposals. No other factors or criteria may be used in the evaluation and scoring.

9. The purchasing agency shall award the multiple contracts to the responsive and responsible offerors whose proposals receive the highest scores under the method of scoring in the request for proposals. No other factors or criteria may be used in the evaluation.  Before or at the same time as the purchasing agency notifies the winning offerors that they have won, the purchasing agency shall give actual notice to each other offeror either that the offeror has not won or that other offerors have won.

10. The contracts file shall contain the basis on which the award is made, including at a minimum the information and documents required under subsection G of this section.

G. If the procurement has multiple final lists under subsection C of this section or multiple requests for proposals under subsection F of this section, the purchasing agency shall retain the items in paragraphs 1 and 2 of this subsection, as applicable, for each final list and each request for proposals procurement process.  At a minimum, the purchasing agency shall retain the following for each procurement under this section:

1. As to each final list under each request for qualifications procurement process under subsection C of this section:

(a) If interviews were not held:

(i) The submittal of the person or firm listed first on the final list and all submittals of each person or firm with which the purchasing agency enters into a contract.

(ii) The final list.

(iii) A list of the selection criteria and relative weight of selection criteria used to select the persons or firms for the final list and to determine their order on the final list.

(iv) A list that contains the name of each person or firm that submitted qualifications and that shows the person's or firm's final overall rank or score.

(v) A document or documents that show the final score or rank on each selection criterion of each person or firm that submitted qualifications and that support the final overall rankings and scores of the persons or firms that submitted qualifications.  At the election of the purchasing agency, this documentation may be in the form of a consolidated scoring sheet for the entire selection committee, in the form of individual scoring sheets for individual selection committee members or any other form as determined by the purchasing agency.

(b) If interviews were held:

(i) All submittals of the person or firm listed first on the final list and all submittals of each person or firm with which the purchasing agency enters into a contract.

(ii) The final list.

(iii) A list of the selection criteria and relative weight of selection criteria used to select the persons or firms for the final list and to determine their order on the final list.

(iv) A list that contains the name of each person or firm that was interviewed and that shows the person's or firm's final overall rank or score.

(v) A document or documents that show the final score or rank on each selection criterion of each person or firm that was interviewed and that support the final overall rankings and scores of the persons or firms that were interviewed. At the election of the purchasing agency, this documentation may be in the form of a consolidated scoring sheet for the entire selection committee, in the form of individual scoring sheets for individual selection committee members or any other form as determined by the purchasing agency.

(vi) A list of the selection criteria and relative weight of the selection criteria used to select the persons or firms for the short list to be interviewed.

(vii) A list that contains the name of each person or firm that submitted qualifications and that shows the person's or firm's final overall rank or score in the selection of the persons or firms to be on the short list to be interviewed.

(viii) A document or documents that show the final score or rank on each selection criterion of each person or firm that submitted qualifications and that support the final overall rankings and scores of the persons or firms that submitted qualifications in the selection of the persons or firms to be on the short list to be interviewed.  At the election of the purchasing agency, this documentation may be in the form of a consolidated scoring sheet for the entire selection committee, in the form of individual scoring sheets for the individual selection committee members or any other form as determined by the purchasing agency.

2. For each request for proposals procurement process under subsection F of this section:

(a) The entire proposal submitted by the person or firm that received the highest score in the scoring method in the request for proposals and the entire proposal submitted by each person or firm with which the purchasing agency enters into a contract.

(b) The description of the scoring method, the list of factors in the scoring method and the number of points allocated to each factor, all as included in the request for proposals.

(c) A list that contains the name of each offeror that submitted a proposal and that shows the offeror's final overall score.

(d) A document or documents that show the final score on each factor in the scoring method in the request for proposals of each offeror that submitted a proposal and that support the final overall scores of the offerors that submitted proposals.  At the election of the purchasing agency, this documentation may be in the form of a consolidated scoring sheet for the entire selection committee, in the form of individual scoring sheets for individual selection committee members or any other form as determined by the purchasing agency.

H. Information relating to each procurement under this section shall be made available to the public as follows:

1. Notwithstanding title 39, chapter 1, article 2, until contract award by a purchasing agency of all of the multiple contracts in the procurement or termination of the procurement by the purchasing agency, only the name of each person or firm on the final list developed pursuant to subsection C of this section may be made available to the public and all other information received by the purchasing agency in response to the request for qualifications under subsection C of this section or contained in proposals submitted under subsection F of this section shall be confidential in order to avoid disclosure of the contents that may be prejudicial to competing submitters and offerors during the selection process.

2. After the purchasing agency awards all of the multiple contracts in the procurement or terminates the procurement, the purchasing agency shall make available to the public pursuant to title 39, chapter 1, article 2 at a minimum all of the items that the purchasing agency is required to retain under subsection G of this section, except the proposals submitted in response to a request for proposals under subsection F of this section and the document or documents prescribed in subsection G, paragraph 1, subdivision (a), item (v), and subdivision (b), items (v) and (viii) and paragraph 2, subdivision (d) of this section.

3. The proposals submitted under subsection F of this section shall not be made available to the public until after the purchasing agency has entered into a contract for all of the multiple contracts in the procurement or the purchasing agency has terminated the procurement. At a minimum the proposals submitted under subsection F of this section that the purchasing agency is required to retain under subsection G of this section shall be made available to the public after the purchasing agency has entered into a contract for all of the contracts in the procurement or the purchasing agency has terminated the procurement.

4. To the extent that the offeror designates and the purchasing agency concurs, trade secrets and other proprietary data contained in a proposal remain confidential.

5. The document or documents prescribed in subsection G, paragraph 1, subdivision (a), item (v) and subdivision (b), items (v) and (viii) and paragraph 2, subdivision (d) of this section are available to the extent provided in title 39, chapter 1, article 2.

I. The purchasing agency may cancel a request for qualifications or a request for proposals, reject in whole or in part any or all submittals or proposals or determine not to enter into one or more of the multiple contracts as specified in the solicitation if the purchasing agency determines in its absolute and sole discretion that the action is in the best interest of this state.  The purchasing agency shall make the reasons for cancellation, rejection or determination not to enter into contracts part of the contract file.

J. If the purchasing agency does not have a procurement protest policy and procedures that have been formally adopted and published by the purchasing agency, for protests relating to procurements under this section the purchasing agency shall follow the procurement protest policy and procedures of the department.  The purchasing agency shall process all protests relating to procurements under this section.

K. For the purposes of this section, "professional services" includes architect services, engineer services, landscape architect services, assayer services, geologist services and land surveying services and any combination of those services.
A.R.S. § 41-3011.06 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3011.06
41-3011.06 Interagency council on long-term care; termination July 1, 2011
Status: repealed

41-3011.06. Interagency council on long-term care; termination July 1, 2011

A. The interagency council on long-term care terminates on July 1, 2011.

B. Title 41, chapter 38 is repealed on January 1, 2012.
A.R.S. § 41-2539 — Arizona Code / Title 41 / Chapter 23 / Article 3 / Section 2539
41-2539 Cancellation of invitation for bids or requests for proposals
Status: in_force

41-2539. Cancellation of invitation for bids or requests for proposals

An invitation for bids, a request for proposals or other solicitation may be cancelled or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation if it is in the best interests of this state. The reasons for the cancellation or rejection shall be made part of the contract file.
A.R.S. § 41-781 — Arizona Code / Title 41 / Chapter 4 / Article 6 / Section 781
41-781 State personnel board; members; appointment; term; meetings; compensation
Status: in_force

41-781. State personnel board; members; appointment; term; meetings; compensation

A. The state personnel board consists of five members appointed by the governor pursuant to section 38-211.  No more than three members shall belong to the same political party.  Persons eligible for appointment shall have had a continuous recorded registration pursuant to title 16, chapter 1 with either the same political party or as an independent for at least two years immediately preceding appointment.  Of the members appointed one shall be a person who for more than five years has managed a component or unit of government or industry with more than twenty employees, one shall be a professional personnel administrator, one a state employee, one a person active in business management and one a member of the public.  Members may be removed by the governor for cause.  The chairperson of the state personnel board shall serve as an ex officio member of the law enforcement merit system council established by section 41-1830.11 without voting privileges.

B. The term of office for each member is three years, each term to expire three years from the date of appointment.  On the expiration of the term of a member a successor shall be appointed for a full term of three years.

C. The state personnel board may hold regular monthly meetings and, in addition, may hold special meetings the board deems necessary.  A chairperson and vice chairperson shall be elected by the members at the first meeting of each year and the chairperson shall not serve successive terms as chairperson. Meetings of the state personnel board shall be open to the public, and executive sessions may be held as provided by law.

D. Any one of the following constitutes the resignation of a board member and authorizes the governor to appoint a new member to fill the unexpired term so vacated:

1. Becoming a candidate for any elective public office.

2. Accepting any appointive office or employment in the state personnel system, except the state employee who is designated to serve on the board.

E. Members of the state personnel board, except the person designated as the state employee, are eligible to receive compensation of one hundred dollars for each meeting attended, prorated for partial days for each meeting attended. The member of the state personnel board designated as the state employee shall be paid the state employee's regular compensation for meetings of the board.
A.R.S. § 41-2540 — Arizona Code / Title 41 / Chapter 23 / Article 3 / Section 2540
41-2540 Responsibility of bidders and offerors
Status: in_force

41-2540. Responsibility of bidders and offerors

A. A written determination of nonresponsibility of a bidder or offeror shall be made in accordance with rules adopted by the director.  The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to responsibility shall be grounds for a determination of nonresponsibility with respect to the bidder or offeror.  A finding of nonresponsibility shall not be construed as a violation of the rights of any person.

B. Information furnished by a bidder or offeror pursuant to this section shall not be disclosed outside of the office of the director or the purchasing agency without prior written consent by the bidder or offeror except to law enforcement agencies.
A.R.S. § 41-1824 — Arizona Code / Title 41 / Chapter 12 / Article 8 / Section 1824
41-1824 Training expenditures
Status: in_force

41-1824. Training expenditures

In exercising its powers and duties, the board shall endeavor to minimize costs of administration, including utilization of training facilities already in existence and available, so that the greatest possible proportion of the funds available to it shall be expended for the purposes of providing training for local law enforcement officers.
A.R.S. § 41-1830.16 — Arizona Code / Title 41 / Chapter 12 / Article 10 / Section 1830.16
41-1830.16 Law enforcement merit system council duties; authority; appeals of covered full authority peace officers employed by agencies in the state personnel system; definitions
Status: in_force

41-1830.16. Law enforcement merit system council duties; authority; appeals of covered full authority peace officers employed by agencies in the state personnel system; definitions

A. The law enforcement merit system council shall adopt rules the council deems necessary for the administration of hearings and the review of appeals as prescribed in this section.

B. A covered employee in the state personnel system who is a full authority peace officer as certified by the Arizona peace officer standards and training board, who is appointed to a position that requires such a certification in the covered service and who has completed the employee's original probationary period of service as provided by the personnel rules may appeal to the law enforcement merit system council the covered employee's dismissal from covered service, suspension for more than forty working hours or involuntary demotion resulting from disciplinary action. The covered employee shall file the appeal not later than ten working days after the effective date of the action. The covered employee shall be furnished with specified charges in writing when the action is taken. The appeal shall be in writing and must state specific facts relating directly to the charges on which the appeal is based. Notwithstanding section 41-1092.05, subsection D, the law enforcement merit system council shall hear the appeal within thirty days after the council's receipt of the appeal. The law enforcement merit system council shall provide the employing agency with a copy of the appeal not less than twenty days before the hearing.

C. In hearing and reviewing an appeal, the council:

1. Shall determine whether the employing agency has proven by a preponderance of the evidence that the employing agency had just cause to discipline the employee.

2. May recommend modification of a disciplinary action if either of the following is met:

(a) The state agency head has not proven by a preponderance of the evidence that the employing agency had just cause to discipline the employee.

(b) The state agency head has proven that the employing agency had just cause to discipline the employee but evidence presented by the employee or the employing agency, any legal basis brought in the appeal or any other facts or circumstances offered for the council's consideration demonstrate that the disciplinary action should be modified.

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

D. On a finding that the state agency head has not proven just cause to discipline the employee by a preponderance of the evidence, the council may recommend a proposed disciplinary action in light of the facts proven.

E. Within forty-five days after the conclusion of the hearing, the council shall enter its decision or recommendation and shall at the same time send a copy of the decision or recommendation by certified mail to the employing agency and to the employee at the employee's address as given at the hearing or to a representative designated by the employee to receive a copy of the decision or recommendation.  The state agency head or the agency head's designee shall accept, modify or reverse the council's decision or accept, modify or reject the council's recommendation within fourteen days after receipt of the findings or recommendation from the law enforcement merit system council.  The state agency head or the agency head's designee shall accept the council's recommendation unless the recommendation is arbitrary or without reasonable justification. If the state agency head or the agency head's designee does not accept the council's recommendation, the state agency head or the agency head's designee shall state the reasons for rejecting the recommendation. The decision of the agency head or agency head's designee is final and binding.  The agency head shall send a copy of the agency's final determination to the covered employee pursuant to this section.

F. Any party may appeal the decision of the law enforcement merit system council or the final decision of the agency pursuant to title 12, chapter 7, article 6 to the superior court in the covered employee's county of residence.

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

H. For the purposes of this section:

1. "Covered employee" has the same meaning prescribed in section 41-741.

2. "Covered service" has the same meaning prescribed in section 41-741.

3. "Employing agency" means the agency in the state personnel system where the covered employee is or, in the case of dismissal, was employed.

4. "Full authority peace officer" means a peace officer whose authority to enforce the laws of this state is not limited by the rules adopted by the Arizona peace officer standards and training board.

5. "Just cause" has the same meaning prescribed in section 38-1101.

6. "Original probationary period" has the same meaning prescribed in section 41-741.

7. "Personnel rules" means the rules adopted by the department of administration, human resources division.

8. "State agency head" means the chief executive officer of the employing agency.

9. "State personnel system" has the same meaning prescribed in section 41-741.
A.R.S. § 41-843 — Arizona Code / Title 41 / Chapter 4.1 / Article 4 / Section 843
41-843 Prohibiting unnecessary defacing of site or object
Status: in_force

41-843. Prohibiting unnecessary defacing of site or object

No person, institution or corporation shall deface or otherwise alter any site or object embraced within the terms of sections 41-841 and 41-842, except in the course of activities pursued under the authority of a permit granted by the director of the Arizona state museum.
A.R.S. § 41-1526 — Arizona Code / Title 41 / Chapter 10 / Article 1 / Section 1526
41-1526 Authority review; applications; rural e-Connectivity pilot program
Status: in_force

41-1526. Authority review; applications; rural e-Connectivity pilot program

A person who is eligible to apply for the rural e-connectivity pilot program established pursuant to section 779 of the consolidated appropriations act, 2018 (P.L. 115–141; 132 Stat. 348) may request that the authority review the person's application for accuracy. The authority may not deny an applicant's request pursuant to this section.
A.R.S. § 41-2405 — Arizona Code / Title 41 / Chapter 21 / Article 1 / Section 2405
41-2405 Arizona criminal justice commission; powers and duties; staff
Status: in_force

41-2405. Arizona criminal justice commission; powers and duties; staff

A. The Arizona criminal justice commission shall:

1. Monitor the progress and implementation of new and continuing criminal justice legislation.

2. Facilitate research among criminal justice agencies and maintain criminal justice system information.

3. Facilitate coordinated statewide efforts to improve criminal justice information and data sharing.

4. Prepare for the governor a biennial criminal justice system review report. The report shall contain:

(a) An analysis of all criminal justice programs created by the legislature in the preceding two years.

(b) An analysis of the effectiveness of the criminal code, with a discussion of any problems and recommendations for revisions if deemed necessary.

(c) A study of the level of activity in the several areas of the criminal justice system, with recommendations for redistribution of criminal justice revenues if deemed necessary.

(d) An overall review of the entire criminal justice system, including crime prevention, criminal apprehension, prosecution, court administration and incarceration at the state and local levels as well as funding needs for the system.

(e) Recommendations for constitutional, statutory and administrative revisions that are necessary to develop and maintain a cohesive and effective criminal justice system.

5. Provide supplemental reports on criminal justice issues of special timeliness.

6. In coordination with other governmental agencies, gather information on programs that are designed to effectuate community crime prevention and education using citizen participation and on programs for alcohol and drug abuse prevention, education and treatment and disseminate that information to the public, political subdivisions, law enforcement agencies and the legislature.

7. Make recommendations to the legislature and the governor regarding the purposes and formula for allocation of fund monies as provided in section 41-2401, subsection D and section 41-2402 through the biennial agency budget request.

8. Adopt rules for the purpose of allocating fund monies as provided in sections 41-2401, 41-2402 and 41-2407 that are consistent with the purposes set forth in those sections and that promote effective and efficient use of the monies.

9. Make reports to the governor and the legislature as they require.

10. Oversee the research, analyses, studies, reports and publication of crime and criminal justice statistics prepared by the Arizona statistical analysis center, which is an operating section of the Arizona criminal justice commission.

11. Prepare an annual report on law enforcement activities in this state that are funded by the drug and gang enforcement fund or the criminal justice enhancement fund and that relate to illicit drugs and drug related gang activity.  The report shall be submitted by October 31 of each year to the governor, the president of the senate and the speaker of the house of representatives and a copy shall be submitted to the secretary of state. The report shall include:

(a) The name and a description of each law enforcement program dealing with illegal drug activity or street gang activity, or both.

(b) The objective and goals of each program.

(c) The source and amount of monies received by each program.

(d) The name of the agency or entity that administers each program.

(e) The effectiveness of each program.

12. Compile and disseminate information on best practices for cold case investigations, including effective victim communication procedures.  For the purposes of this paragraph, "cold case" means a homicide or a felony sexual offense that remains unsolved for one year or more after being reported to a law enforcement agency and that has no viable and unexplored investigatory leads.

13. Beginning January 1, 2019, submit an annual recidivism report to the legislature that compares the recidivism rate for a person who serves a term of mandatory incarceration in a county jail pursuant to section 28-1383 and a person who serves that term of mandatory incarceration in prison.

B. The Arizona criminal justice commission, as necessary to perform its functions, may:

1. Request any state or local criminal justice agency to submit any necessary information.

2. Form subcommittees, make studies, conduct inquiries and hold hearings.

3. Subject to chapter 4, article 4 of this title, employ consultants for special projects and such staff as deemed necessary or advisable to carry out this section.

4. Delegate its duties to carry out this section, including:

(a) The authority to enter into contracts and agreements on behalf of the commission.

(b) Subject to chapter 4, article 4 and, as applicable, articles 5 and 6 of this title, the authority to appoint, hire, terminate and discipline all personnel of the commission, including consultants.

5. Establish joint research and information facilities with governmental and private agencies.

6. Accept and expend public and private grants of monies, gifts and contributions and expend, distribute or allocate monies appropriated to the commission for the purpose of enhancing efforts to investigate or prosecute and adjudicate any crime and to implement this chapter.
A.R.S. § 41-1492.04 — Arizona Code / Title 41 / Chapter 9 / Article 8 / Section 1492.04
41-1492.04 New construction and alterations in public accommodations and commercial facilities
Status: in_force

41-1492.04. New construction and alterations in public accommodations and commercial facilities

A. Except as provided in subsection B of this section, as applied to public accommodations and commercial facilities, "discriminatory" for purposes of section 41-1492.02 includes:

1. A failure to design and construct facilities for first occupancy later than January 26, 1993 that are readily accessible to and usable by individuals with disabilities, except if an entity can demonstrate that it is structurally impracticable to meet the requirements of subsection B of this section in accordance with standards set forth or incorporated by reference in rules adopted under this article.

2. With respect to a facility or part of a facility that is altered by, on behalf of or for the use of an establishment in a manner that affects or could affect the usability of the facility or part of a facility, a failure to make alterations in such a manner that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. If the entity is undertaking an alteration that affects or could affect usability of or access to an area of the facility containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the toilet rooms, telephones and drinking fountains serving the altered area are readily accessible to and usable by individuals with disabilities if the alterations to the path of travel or the toilet rooms, telephones and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope.

B. Subsection A of this section shall not be construed to require the installation of an elevator for facilities that are fewer than three stories or that have less than three thousand square feet per story unless the building is a shopping center, a shopping mall or the professional office of a health care provider or unless the attorney general determines that a particular category of facilities requires the installation of elevators based on the usage of the facilities.
A.R.S. § 41-1830.11 — Arizona Code / Title 41 / Chapter 12 / Article 10 / Section 1830.11
41-1830.11 Law enforcement merit system council; composition
Status: in_force

41-1830.11. Law enforcement merit system council; composition

A. The governor shall appoint a law enforcement merit system council pursuant to section 38-211. The council consists of five persons. No more than three members shall belong to the same political party. Persons eligible for appointment shall have had a continuous recorded registration pursuant to title 16, chapter 1 with either the same political party or as an independent for at least two years immediately preceding appointment.  Members appointed shall be persons who are committed to enforcing this article in an honest, independent and impartial fashion and to seeking to uphold public confidence in the integrity of public safety peace officers.  The members of the council shall not have held elective public office within one year before appointment and shall not hold any other political office while serving on the council.

B. The governor shall fill a vacancy on the same basis as the original appointment.

C. Members of the council are eligible to receive compensation for their services in the amount of one hundred dollars for each meeting attended, prorated for partial days for each meeting attended.

D. A member serves for a term of three years. The governor may remove a member only for cause.

E. The chairman of the council serves as an ex officio member of the state personnel board without voting privileges.
A.R.S. § 41-2673 — Arizona Code / Title 41 / Chapter 23 / Article 13 / Section 2673
41-2673 State electronic commerce fund
Status: in_force

41-2673. State electronic commerce fund

A. The state electronic commerce fund is established consisting of monies appropriated by the legislature and any gifts, grants or devises for the benefit of the fund. The department shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. Monies in the fund shall be used to help finance electronic commerce initiatives by purchasing agencies if other funding mechanisms do not exist or cannot be used. The department shall disburse monies in the fund to purchasing agencies based on agency requests and statewide electronic commerce priorities.

C. If a purchasing agency realizes savings through implementation of its electronic commerce initiative funded by the state electronic commerce fund, the purchasing agency shall repay the fund the amount of monies originally disbursed to the agency plus ten per cent of the agency savings. The purchasing agency may retain the remainder of the savings generated through its electronic commerce initiative.

D. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 41-1443 — Arizona Code / Title 41 / Chapter 9 / Article 3 / Section 1443
41-1443 Breast-feeding; public place; public accommodation
Status: in_force

41-1443. Breast-feeding; public place; public accommodation

A mother is entitled to breast-feed in any area of a public place or a place of public accommodation where the mother is otherwise lawfully present.
A.R.S. § 41-1716 — Arizona Code / Title 41 / Chapter 12 / Article 2 / Section 1716
41-1716 Powers of reserve
Status: in_force

41-1716. Powers of reserve

The director shall define the powers and duties of the reserve, but such powers and duties shall not be in excess of those accorded to department employees nor inconsistent therewith.
A.R.S. § 41-179 — Arizona Code / Title 41 / Chapter 1 / Article 4 / Section 179
41-179 AZ529, Arizona's education savings plan advisory committee; membership; duties
Status: in_force

41-179. AZ529, Arizona's education savings plan advisory committee; membership; duties

A. The state treasurer shall appoint the AZ529, Arizona's education savings plan advisory committee to assist the treasurer in promoting and raising awareness of AZ529, Arizona's education savings plan established by title 15, chapter 14, article 7 to residents of this state, with emphasis on increasing access to the plan among economically disadvantaged, minority and underrepresented student populations. The advisory committee shall include all of the following:

1. The state treasurer or the state treasurer's designee, who serves as chairperson of the committee.

2. Two members or the members' designees who represent community college districts in this state, one of whom represents a community college district in a county with a population of five hundred thousand persons or more and one of whom represents a community college district in a county with a population of less than five hundred thousand persons.

3. One member or the member's designee who represents a university under the jurisdiction of the Arizona board of regents.

4. One member or the member's designee who represents an accredited private educational institution in this state offering associate, baccalaureate or higher degrees.

5. One member or the member's designee who represents an accredited private educational institution offering private vocational training in this state.

6. One member or the member's designee who represents an accredited private school or organization offering instruction to pupils in any combination of kindergarten programs or grades one through twelve in this state.

7. One member or the member's designee who is a teacher and who currently provides classroom instruction in this state.

8. One member or the member's designee who represents a federally recognized Indian tribe in this state.

9. One member or the member's designee who represents a United States department of labor-approved apprenticeship program.

10. Three public members or the members' designees who are residents of this state, including both of the following:

(a) At least one of whom represents a nonprofit organization that is exempt from taxation under section 501(c)(3) of the internal revenue code and that is based in this state.

(b) At least one of whom has financial planning experience.

B. The committee shall do both of the following:

1. Assist and make recommendations to the state treasurer regarding promotional and informational activities relating to AZ529, Arizona's education savings plan.

2. Meet at least once each calendar quarter.  A majority of the membership constitutes a quorum for the transaction of business.

C. Committee members are not eligible to receive compensation or reimbursement of expenses.

D. The state treasurer's office shall provide necessary staff services to the committee.
A.R.S. § 41-791.01 — Arizona Code / Title 41 / Chapter 4 / Article 7 / Section 791.01
41-791.01 Powers and duties relating to facilities planning and construction; exemption
Status: in_force

41-791.01. Powers and duties relating to facilities planning and construction; exemption

A. The department has the following facilities planning and construction powers and duties:

1. Review all architectural, engineering and construction contracts before submission to the department of law.

2. Approve plans and specifications and changes thereof for all capital projects for which monies are appropriated by the legislature.

3. Review and approve all progress payments on all major capital projects.

4. Make regular inspections of all capital projects during the course of construction to ensure compliance with the plans and specifications approved by the director.

B. The Arizona board of regents shall not be subject to the provisions of this section.
A.R.S. § 41-2994.03 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 2994.03
41-2994.03 Blind and visually impaired advisory committee; termination July 1, 1994
Status: repealed

41-2994.03. Blind and visually impaired advisory committee; termination July 1, 1994

A. The blind and visually impaired advisory committee terminates on July 1, 1994.

B. Title 46, chapter 2, article 4.1 is repealed on January 1, 1995.
A.R.S. § 41-1465 — Arizona Code / Title 41 / Chapter 9 / Article 4 / Section 1465
41-1465 Age discrimination; affected individuals
Status: in_force

41-1465. Age discrimination; affected individuals

The age discrimination prohibitions in this article are limited to individuals who are at least forty years of age.
A.R.S. § 41-851 — Arizona Code / Title 41 / Chapter 4.1 / Article 5 / Section 851
41-851 State colors; state flag
Status: in_force

41-851. State colors; state flag

A. Blue and old gold shall be the colors of the state. The blue shall be the same shade as that of the flag of the United States.

B. The flag of the state shall be of the following design:

The lower half of the flag a blue field and the upper half divided into thirteen equal segments or rays which shall start at the center on the lower line and continue to the edges of the flag, colored alternately light yellow and red, consisting of six yellow and seven red rays. In the center of the flag, superimposed, there shall be a copper-colored five pointed star, so placed that the upper points shall be one foot from the top of the flag and the lower points one foot from the bottom of the flag. The red and blue shall be the same shade as the colors in the flag of the United States. The flag shall have a four-foot hoist and a six-foot fly, with a two-foot star and the same proportions shall be observed for flags of other sizes.

C. The flag represents the copper star of Arizona rising from a blue field in the face of a setting sun.
A.R.S. § 41-3020.09 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3020.09
41-3020.09 Mining advisory council; termination July 1, 2020
Status: repealed

41-3020.09. Mining advisory council; termination July 1, 2020

A. The mining advisory council terminates on July 1, 2020.

B. Title 41, chapter 47 is repealed on January 1, 2021.
A.R.S. § 41-1374 — Arizona Code / Title 41 / Chapter 8 / Article 5 / Section 1374
41-1374 Qualifications
Status: in_force

41-1374. Qualifications

A person may not serve as ombudsman-citizens aide within one year of the last day the person served as a state elected officer. As minimum qualifications, the ombudsman-citizens aide shall be a resident of this state for at least six months, shall be at least twenty-five years of age and shall have investigatory experience.
A.R.S. § 41-2516 — Arizona Code / Title 41 / Chapter 23 / Article 2 / Section 2516
41-2516 Procurement advisory groups or evaluation committees
Status: in_force

41-2516. Procurement advisory groups or evaluation committees

A. The director may appoint advisory groups or evaluation committees to assist with respect to specifications, solicitation evaluations or procurement in specific areas and with respect to any other matters within the authority of the director.

B. Members of advisory groups or evaluation committees are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
A.R.S. § 41-101 — Arizona Code / Title 41 / Chapter 1 / Article 1 / Section 101
41-101 Powers and duties; attestation of acts of governor; salary
Status: in_force

41-101. Powers and duties; attestation of acts of governor; salary

A. The governor has the powers and shall perform the duties as prescribed in this article. The governor:

1. Shall supervise the official conduct of all executive and ministerial officers.

2. Shall see that all offices are filled and the duties performed or, in default, invoke such remedy as the law allows.

3. Shall appoint a private secretary to the governor and shall appoint all officers of this state not made elective, unless otherwise provided.

4. Notwithstanding section 38-211, shall appoint the lieutenant governor to serve as the governor's chief of staff or the director of the Arizona department of administration or to fill any position for which the governor is otherwise authorized by law to make an appointment.

5. Shall be the sole official means of communication between this state and the government of any other state or the United States.

6. May direct the attorney general to appear on behalf of this state when any action or legal proceeding is pending that affects the title of this state to any property or that may result in a claim against this state.

7. May require the attorney general, or any county attorney, to inquire into the affairs or management of any corporation doing business in this state.

8. May require the attorney general to aid a county attorney in the discharge of his duties.

9. May offer rewards for escaped insane persons, not exceeding five hundred dollars.

10. May require any officer or board to make special reports to him on demand in writing.

11. May convene the legislature at some other place when the seat of government becomes dangerous from disease or a common enemy.

12. May enter into intergovernmental agreements with officers, agencies or departments of the United States to provide funding or other resources available from any related state agency, board or commission for the purpose of operating federal parks located in this state during any period when such parks would otherwise be subject to shutdown due to a lack of federal appropriation and as deemed necessary to promote tourism, this state's economic well-being, or the health, safety or welfare of the state's citizens. The governor shall not provide general fund appropriations from any related state agency, board or commission to operate a federal park pursuant to this paragraph for more than twenty-one days without the approval of the legislature. The joint legislative budget committee shall review any expenditure of funds or other resources pursuant to this paragraph.

13. Has such powers and shall perform such other duties as devolve on him by law.

B. All official acts of the governor, except approval of the laws, shall be attested by the secretary of state.

C. The governor is eligible to receive an annual salary pursuant to section 41-1904.

D. Before an individual is hired as an employee of the office of the governor, that individual shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.41-101. Powers and duties; attestation of acts of governor; salary

A. The governor has the powers and shall perform the duties as prescribed in this article. The governor:

1. Shall supervise the official conduct of all executive and ministerial officers.

2. Shall see that all offices are filled and the duties performed or, in default, invoke such remedy as the law allows.

3. Shall appoint a private secretary to the governor and shall appoint all officers of this state not made elective, unless otherwise provided.

4. Notwithstanding section 38-211, shall appoint the lieutenant governor to serve as the governor's chief of staff or the director of the Arizona department of administration or to fill any position for which the governor is otherwise authorized by law to make an appointment.

5. Shall be the sole official means of communication between this state and the government of any other state or the United States.

6. May direct the attorney general to appear on behalf of this state when any action or legal proceeding is pending that affects the title of this state to any property or that may result in a claim against this state.

7. May require the attorney general, or any county attorney, to inquire into the affairs or management of any corporation doing business in this state.

8. May require the attorney general to aid a county attorney in the discharge of his duties.

9. May offer rewards for escaped insane persons, not exceeding five hundred dollars.

10. May require any officer or board to make special reports to him on demand in writing.

11. May convene the legislature at some other place when the seat of government becomes dangerous from disease or a common enemy.

12. May enter into intergovernmental agreements with officers, agencies or departments of the United States to provide funding or other resources available from any related state agency, board or commission for the purpose of operating federal parks located in this state during any period when such parks would otherwise be subject to shutdown due to a lack of federal appropriation and as deemed necessary to promote tourism, this state's economic well-being, or the health, safety or welfare of the state's citizens. The governor shall not provide general fund appropriations from any related state agency, board or commission to operate a federal park pursuant to this paragraph for more than twenty-one days without the approval of the legislature. The joint legislative budget committee shall review any expenditure of funds or other resources pursuant to this paragraph.

13. Has such powers and shall perform such other duties as devolve on him by law.

B. All official acts of the governor, except approval of the laws, shall be attested by the secretary of state.

C. The governor is eligible to receive an annual salary pursuant to section 41-1904.

D. Before an individual is hired as an employee of the office of the governor, that individual shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
A.R.S. § 41-2822.01 — Arizona Code / Title 41 / Chapter 26 / Article 1 / Section 2822.01
41-2822.01 Education requirement for committed youth
Status: in_force

41-2822.01. Education requirement for committed youth

A. A committed youth who is confined in a secure care facility and who has not received a high school diploma, a high school certificate of equivalency or an exception from the director shall attend school full time and make satisfactory progress in educational classes. A committed youth who is confined in a secure care facility and who has achieved a high school diploma or a high school certificate of equivalency may attend or participate in regular classes or the educational programming established or provided by the department as the department deems appropriate.

B. If a committed youth regularly attends and is making satisfactory progress in educational classes as prescribed in this section, the committed youth shall be required to work at least twenty hours a week with up to ten hours of homework a week counting toward this requirement.

C. Notwithstanding subsection A of this section, a committed youth who is at least sixteen years of age, has not received a high school diploma, a high school certificate of equivalency or an exception from the director and who is functionally literate may take the general equivalency diploma test or an equivalency test approved by the state board of education prior to release from a secure care facility. The committed youth may be required to demonstrate readiness for the general equivalency diploma test through an assessment or by completion of a practice test in order to request administration of the general equivalency diploma test or an equivalency test approved by the state board of education.
A.R.S. § 41-166 — Arizona Code / Title 41 / Chapter 1 / Article 3 / Section 166
41-166 Address use by state or local government entities
Status: in_force

41-166. Address use by state or local government entities

A. The program participant, and not the secretary of state, is responsible for requesting that a state or local government entity use the program participant's substitute address as the program participant's residential, work or school address for all purposes for which the state or local government entity requires or requests the residential, work or school address.

B. Except as otherwise provided in this section or unless the secretary of state grants a state or local government entity's request for disclosure pursuant to section 41-167, if a program participant submits a current and valid address confidentiality program authorization card to the state or local government entity, the state or local government entity shall accept the substitute address designation on the card as the program participant's address for use as the program participant's residential, work or school address when creating a new public record.  The substitute address given to the state or local government entity is considered the last known address for the program participant used by the state or local government entity until the time that the state or local government entity receives notification pursuant to section 41-164. The state or local government entity may make a photocopy of the card for the records of the state or local government entity and shall immediately return the card to the program participant.

C. Except as otherwise provided in this section or by order of the court, if a program participant submits a current and valid address confidentiality program authorization card to the court, the court shall accept the substitute address designation on the card as the program participant's address for use as the program participant's residential, work or school address. The substitute address given to the court is considered the last known address for the program participant used by the court until the time that the court receives notification pursuant to section 41-164. The court may make a photocopy of the card for the court file and shall return the card to the program participant.

D. When a person with an existing voter registration record becomes a program participant, the secretary of state shall secure the participant's voter registration record and notify the appropriate county recorder of the participant's secured status, current residence address and substitute address for the county recorder to revise the participant's voter registration record so that the participant's address can be kept confidential in the same manner as prescribed by section 16-153.  A program participant who is not already registered to vote may register to vote using the substitute address and must provide the election official with the participant's actual residence address for precinct designation purposes. If the participant registers to vote other than online or at a driver license examination facility, the participant shall present a completed voter registration form with the participant's substitute address and address confidentiality program card to the appropriate election official.

E. A designated election official shall use the actual address of a program participant for precinct designation and all official election-related purposes and shall keep the program participant's actual address confidential from the public.  The election official shall use the substitute address for all correspondence and mailings placed in the United States mail. The substitute address shall not be used as an actual residence address for voter registration.

F. A state or local government entity's access to a program participant's voter registration shall be governed by the disclosure process set forth in section 41-167.

G. A program participant who completes an application to register to vote at a driver license examination facility while receiving a driver license or an identification card is required to have the program participant's actual address on the driver license or identification card.  A program participant whose driver license has the substitute address may register to vote, if otherwise eligible, pursuant to subsection E of this section.

H. The substitute address shall not be used for purposes of listing, appraising or assessing property taxes and collecting property taxes. If a program participant would like to keep records maintained by the county assessor and county treasurer confidential, the program participant shall comply with section 11-484.

I. If a program participant is required by law to swear or affirm to the program participant's address, the program participant may use the participant's substitute address.

J. The substitute address shall not be used for purposes of assessing any taxes or fees on a motor vehicle or for titling or registering a motor vehicle.  Notwithstanding any law to the contrary, any record that includes a program participant's actual address pursuant to this subsection shall be confidential and not available for inspection by anyone other than the program participant.

K. The substitute address shall not be used on any document related to real property recorded with a recorder. If a program participant would like to keep real property records confidential, the program participant shall comply with section 11-483.

L. A public school shall accept the substitute address as the address of record and shall verify student enrollment eligibility through the secretary of state. The secretary of state shall facilitate the transfer of student records from one school to another.

M. Except as otherwise provided in this section, a program participant's actual address and telephone number maintained by a state or local government entity or disclosed by the secretary of state is not a public record that is subject to inspection.  This subsection shall not apply to the following:

1. Any public record created more than ninety days before the date that the program participant applied to be certified in the program.

2. A program participant who voluntarily requests that a state or local government entity use the participant's actual address or voluntarily gives the actual address to the state or local government entity.

N. For any public record created within ninety days before the date that a program participant applied to be certified in the program, a state or local government entity shall redact the actual address from a public record or change the actual address to the substitute address in the public record, if a program participant who presents a current and valid program authorization card requests the entity that maintains the public record to use the substitute address instead of the actual address on the public record.
A.R.S. § 41-1101 — Arizona Code / Title 41 / Chapter 7 / Article 1 / Section 1101
41-1101 Time of assembly; organization; oaths
Status: in_force

41-1101. Time of assembly; organization; oaths

A. The legislature shall assemble at the seat of government at twelve o'clock noon on the second Monday of January each year.

B. At the hour of assemblage of the first regular session next after the general election the member of the senate holding seniority in age shall take the chair, call the senate to order, appoint a temporary secretary, and direct the secretary to call the list of senators from the several counties, who shall present their certificates of election and take the oath of office. The senate may thereupon, if a quorum is present, proceed to elect its officers. The house of representatives shall likewise proceed with its organization. The oath taken by the members shall be entered upon the journals of the respective houses.

C. The presiding officer of each house may administer the oath of office to members, officers and employees of the respective houses.
A.R.S. § 41-1023 — Arizona Code / Title 41 / Chapter 6 / Article 3 / Section 1023
41-1023 Public participation; written statements; oral proceedings
Status: in_force

41-1023. Public participation; written statements; oral proceedings

A. After providing notice of docket openings, an agency may meet informally with any interested party for the purpose of discussing the proposed rule making action. The agency may solicit comments, suggested language or other input on the proposed rule. The agency may publish notice of these meetings in the register.

B. For at least thirty days after publication of the notice of the proposed rule making, an agency shall afford persons the opportunity to submit in writing statements, arguments, data and views on the proposed rule, with or without the opportunity to present them orally.

C. An agency shall schedule an oral proceeding on a proposed rule if, within thirty days after the published notice of proposed rule making, a written request for an oral proceeding is submitted to the agency personnel listed pursuant to section 41-1021, subsection B.

D. An oral proceeding on a proposed rule may not be held earlier than thirty days after notice of its location and time is published in the register. The agency shall determine a location and time for the oral proceeding which affords a reasonable opportunity to persons to participate. The oral proceeding shall be conducted in a manner that allows for adequate discussion of the substance and the form of the proposed rule, and persons may ask questions regarding the proposed rule and present oral argument, data and views on the proposed rule.

E. The agency, a member of the agency or another presiding officer designated by the agency shall preside at an oral proceeding on a proposed rule. If the agency does not preside, the presiding official shall prepare a memorandum for consideration by the agency summarizing the contents of the presentations made at the oral proceeding. Oral proceedings must be open to the public and recorded by stenographic or other means.

F. Each agency may make rules for the conduct of oral rule making proceedings. Those rules may include provisions calculated to prevent undue repetition in the oral proceedings.
A.R.S. § 41-3007.06 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3007.06
41-3007.06 Arizona uniform plumbing code commission; termination July 1, 2007
Status: repealed

41-3007.06. Arizona uniform plumbing code commission; termination July 1, 2007

A. The Arizona uniform plumbing code commission terminates on July 1, 2007.

B. Title 41, chapter 3, article 11 is repealed on January 1, 2008.
A.R.S. § 41-1604.04 — Arizona Code / Title 41 / Chapter 11 / Article 1 / Section 1604.04
41-1604.04 Investment of special service fund monies; approval; deposit of proceeds
Status: in_force

41-1604.04. Investment of special service fund monies; approval; deposit of proceeds

The department may invest, with the approval of the director of the department of administration, any monies in the special service fund that the director determines are not necessary for immediate use. Any proceeds from such investments shall be deposited in the special services fund.
A.R.S. § 41-2568 — Arizona Code / Title 41 / Chapter 23 / Article 4 / Section 2568
41-2568 Specifications for recycled materials
Status: in_force

41-2568. Specifications for recycled materials

To the extent practicable, specifications shall emphasize functional or performance criteria which do not discriminate against the use of recycled materials.
A.R.S. § 41-128 — Arizona Code / Title 41 / Chapter 1 / Article 2 / Section 128
41-128 Standing political committee administrative fund; purpose
Status: in_force

41-128. Standing political committee administrative fund; purpose

The standing political committee administrative fund is established consisting of monies from filing fees that are paid by standing political committees.  The secretary of state shall administer the fund. Monies in the fund are continuously appropriated. The state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.  Monies in the fund shall be used for the costs of administering and enforcing the campaign finance laws relating to standing political committees.
A.R.S. § 41-1771 — Arizona Code / Title 41 / Chapter 12 / Article 5 / Section 1771
41-1771 Crime laboratory; branch crime detection laboratories; equipment and operation
Status: in_force

41-1771. Crime laboratory; branch crime detection laboratories; equipment and operation

There shall be a scientific criminal analysis section, staffed by a superintendent and other necessary personnel, and established for the purpose of giving assistance to the officers of the state charged with law enforcement.
A.R.S. § 41-511.09 — Arizona Code / Title 41 / Chapter 3 / Article 1.1 / Section 511.09
41-511.09 Park ranger law enforcement officers; training
Status: in_force

41-511.09. Park ranger law enforcement officers; training

The board may appoint one or more of its officers or employees as a park ranger law enforcement officer. Any person so appointed shall have the minimum qualifications established for peace officers and police officers pursuant to section 41-1822. When so appointed, the officer or employee shall have the authority and power of a peace officer with the primary duties of enforcement of this article and enforcement of rules adopted pursuant to this article for the protection of the parks and monuments against damage and for the preservation of peace in the parks and monuments.
A.R.S. § 41-1065 — Arizona Code / Title 41 / Chapter 6 / Article 6 / Section 1065
41-1065 Hearing on denial of license or permit
Status: in_force

41-1065. Hearing on denial of license or permit

Proceedings for licenses or permits on application when not required by law to be preceded by notice and opportunity for hearing shall be governed by the provisions of the law relating to the particular agency, provided that when an application for a license or permit is denied under the provisions of the law relating to a particular agency the applicant shall be entitled to have a hearing before such agency on such denial upon filing within fifteen days after receipt of notice of such refusal a written application for such hearing. Notice shall be given in the manner prescribed by section 41-1061. At such hearing such applicant shall be the moving party and have the burden of proof. Such hearing shall be conducted in accordance with this article for hearing of a contested case before an agency. Such hearing before such agency shall be limited to those matters originally presented to the agency for its determination on such application.
A.R.S. § 41-1966 — Arizona Code / Title 41 / Chapter 14 / Article 1 / Section 1966
41-1966 Auditor general; duties
Status: in_force

41-1966. Auditor general; duties

A. The auditor general may:

1. Determine the validity and accuracy of information reported by the department to the legislature.

2. Perform other reviews and analyses relating to the department.

3. Review a specific department function or process.

B. Pursuant to section 41-1279.04, the department shall provide the auditor general access to any data from the department, including electronic data, the auditor general deems necessary to perform the duties outlined in this section. This data shall be provided in the manner and format prescribed by the auditor general.
A.R.S. § 41-151 — Arizona Code / Title 41 / Chapter 1 / Article 2.1 / Section 151
41-151 Definitions
Status: in_force

41-151. Definitions

In this article, unless the context otherwise requires:

1. "Director" means the director of the state library.

2. "Records":

(a) Means all books, papers, maps, photographs or other documentary materials, regardless of physical form or characteristics, including prints or copies of such items produced or reproduced on film or electronic media pursuant to section 41-151.16, made or received by any governmental agency in pursuance of law or in connection with the transaction of public business and preserved or appropriate for preservation by the agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations or other activities of the government, or because of the informational and historical value of data contained in the record.

(b) Includes records that are made confidential by statute.

(c) Does not include library or museum material made or acquired solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference and stocks of publications or documents intended for sale or distribution to interested persons.

3. "State library" means the Arizona state library, archives and public records.
A.R.S. § 41-987 — Arizona Code / Title 41 / Chapter 5 / Article 6 / Section 987
41-987 State poet laureate; appointment; term; duties; nomination committee
Status: in_force

41-987. State poet laureate; appointment; term; duties; nomination committee

A. The office of state poet laureate is established under the Arizona commission on the arts.

B. The governor, based on a ranked list of three nominees provided by the state poet laureate nomination committee, shall appoint one person to serve as the state poet laureate.  The governor shall have sixty days from receipt of the nominee list to make the selection. Each nominee shall have been a resident of this state for at least two years as of the date of nomination, reside in this state for at least six months of the year, be a poet of stature recognized in the literary, cultural, education or academic communities and have a significant prior record of high quality, published or documented work or service through the literary arts. Nominees must be willing and able to travel throughout this state.

C. The state poet laureate serves a two year term to begin and end on the third Monday in January of the corresponding year.  The state poet laureate may not serve more than three terms.

D. The duties of the state poet laureate include:

1. The offering of at least four public readings each year during the appointment term, in both urban and rural communities, visiting the various regions of this state at least once during the appointment term.

2. The pursuit of a major literary project over the course of the appointment term, agreed on between the state poet laureate and the commission.  These projects shall place an emphasis on outreach to residents who might not otherwise be exposed to quality poetry.

3. The pursuit of other projects related to poetry and the literary arts, including collaboration with the poet laureate of the United States, other state poets laureate or other artists, that the state poet laureate and the commission may find beneficial.

E. The state poet laureate nomination committee is established consisting of at least four and not more than seven members who are appointed by the commission.  The members shall represent different geographic regions of this state and may include any of the following:

1. Professional poets.

2. Writers from other literary disciplines.

3. Creative writing and literature professors and teachers.

4. Board members and directors of literary organizations.

5. Literary critics.

6. Others deemed by the commission to have significant expertise in contemporary American literature.

7. Members of the public.

F. The commission shall establish a process to solicit applications and nominations from any of the following:

1. University and college literature, creative writing and English departments.

2. Literary organizations and societies.

3. Book publishers and editors.

4. Directors of poetry reading series.

5. Charter, private and public schools.

6. Booksellers specializing in poetry.

7. The commission's grantee database, mailing lists and social media efforts.

8. Members of the public.
A.R.S. § 41-316 — Arizona Code / Title 41 / Chapter 2 / Article 2 / Section 316
41-316 Fees
Status: in_force

41-316. Fees

A. The secretary of state shall establish fees that notaries public may charge for notarial acts. These fees shall be established by rules adopted pursuant to chapter 6 of this title.

B. Notaries public may be paid an amount up to the amount authorized for mileage expenses and per diem subsistence for state employees as prescribed by title 38, chapter 4, article 2.

C. A notary shall not advertise or charge or receive a fee for performing a notarial act except as specifically authorized by rule.
A.R.S. § 41-2305 — Arizona Code / Title 41 / Chapter 19 / Article 1 / Section 2305
41-2305 Powers and duties
Status: in_force

41-2305. Powers and duties

A. In addition to other duties prescribed by law, the office of tourism shall:

1. Stimulate and encourage all local, state, regional and federal governmental agencies and all private persons and enterprises to participate and cooperate in the promotion of tourism and tourism development in this state.

2. Undertake a comprehensive research program designed to establish the office as the central repository and clearinghouse for all data that relates to tourism.

3. Perform research necessary to determine a long-range tourism development plan for this state.

4. Conduct research at the request of the governor, the legislature or state or local agencies, pertaining to any of its objectives.

5. Formulate policies, plans and programs designed to promote tourism in this state.

6. Provide information and advice on request by local, state and federal agencies and by private citizens and business enterprises on all matters concerning its objectives. The office may provide information and literature in the same manner as described in section 11-259, subsection A.

7. Advise with and make recommendations to the governor and the legislature on all matters concerning tourism.

8. Make an annual report to the governor and the legislature on its activities, finances and the scope of its operations.

9. Conduct an annual statewide tourism symposium to discuss tourism promotion efforts, problems and matters of interest to the tourism industry.

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

B. The office may:

1. Subject to chapter 4, article 4 of this title, employ, determine the conditions of employment and specify the duties of administrative, secretarial and clerical assistants and contract for the services of outside advisors, consultants and aides reasonably necessary or desirable to enable it adequately to perform its duties. The compensation of such assistants shall be as determined pursuant to section 38-611. The positions of the director, the assistant director and all employees of the office of tourism shall be exempt positions of chapter 4, articles 5 and 6 of this title.

2. Make contracts and incur obligations reasonably necessary or desirable within the general scope of its activities and operations to enable it adequately to perform its duties.

3. Use any and all media of communication, publication and exhibition in the dissemination of information, advertising and publicity in any field relating to its purposes, objectives or duties.

4. Use its funds, facilities and services to provide matching contributions under federal or other programs that further the objectives and programs of the office.

5. Adopt rules it deems necessary or desirable to implement the purposes of the department and the duties and powers of the director.

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

7. Conduct tourism education and discussion seminars and workshops to discuss tourism promotion efforts, problems and matters of interest to the tourism industry.

8. Designate, establish and operate state visitor or tourist information centers in the state that furnish tourist information and literature, subject to legislative appropriation.

9. Conduct research pertaining to any of its objectives.

10. Establish a reporting system for public agencies and private persons or enterprises in order to monitor state tourism.

11. Produce, own, sell or license services or personal property related to the duties and goals of the office, limited to marketing and branding related promotional materials or items, copyrightable publications, artwork, trademarks or other intellectual property, and charge reasonable prices for all these items. The director shall establish the prices. Monies received pursuant to this section shall be credited to the tourism development fund established by section 41-2307 to support the office.

12. Exercise its statutory powers and duties by engaging in joint venture activities with private corporations that are specifically designed to further the goals of the office of tourism. Joint ventures entered into by the office of tourism shall conform to the constitution and the laws of this state.
A.R.S. § 41-603.01 — Arizona Code / Title 41 / Chapter 3 / Article 7 / Section 603.01
41-603.01 Veterans' homes; department procurement exemptions
Status: in_force

41-603.01. Veterans' homes; department procurement exemptions

A. The department shall provide long-term care services and skilled nursing care to veterans and their spouses in veterans' homes and shall operate and maintain the veterans' homes as self-sustaining facilities.

B. The department may employ staff to operate the veterans' homes as skilled nursing facilities that provide long-term care services.

C. The department shall set guidelines for determining eligibility for admission to the veterans' homes and the monetary charges to be paid by residents. All guidelines shall conform to the federal requirements that must be met to qualify the veterans' homes as nursing homes for veterans and to render the homes eligible to receive federal financial assistance.

D. In administering the veterans' homes, the department may:

1. Establish accounts to record the receipt and disbursements from residents to pay for maintenance in the homes.

2. Set charges.

3. Develop accounts and procedures pertaining to incompetent residents.

4. Establish such other accounts as are necessary for the orderly administration of the homes.

5. Settle any debt owed to the veterans' homes by collecting at least seventy-five percent of the account balance.  If the department cannot collect at least seventy-five percent of an account balance, the department shall refer the account to the attorney general's office for collection pursuant to chapter 1, article 5 of this title.

6. Adopt rules necessary for the operation of the veterans' homes.

E. Notwithstanding chapter 23 of this title the department may:

1. Award a contract for tangible personal property to be used by the department without the use of competitive sealed bids or competitive sealed proposals at a price equal to or less than the contractor's current federal supply contract price if the contractor indicates in writing that the contractor is willing to extend the current federal supply contract pricing, terms and conditions to the tangible personal property and the purchase order for the items of tangible personal property adequately identifies the federal supply contract on which the contract is based.

2. Dispose of surplus property at the veterans' homes by sale to private persons, firms and corporations, including hospitals and other nursing home facilities. The department shall deposit, pursuant to sections 35-146 and 35-147, all monies collected from the sale of surplus property at the veterans' homes in the state homes for veterans trust fund established by section 41-608.01.

F. The department is exempt from chapter 23 of this title for the purchase of supplies and items for resale such as food, gift items, souvenirs and other similar items and for contracting for services relating to gift shops and vending machines located in veterans' homes.
A.R.S. § 41-1829.01 — Arizona Code / Title 41 / Chapter 12 / Article 8.1 / Section 1829.01
41-1829.01 Arizona peace officers memorial board; duties
Status: in_force

41-1829.01. Arizona peace officers memorial board; duties

A. The Arizona peace officers memorial board shall:

1. Add to the memorial at least annually the names of all members of the law enforcement community in this state who have lost their lives in the line of duty and provide for a dedication ceremony which commemorates the addition of their names.

2. Plan and provide for the maintenance of the peace officers memorial.

3. Report annually to the president of the senate and the speaker of the house of representatives on the progress of the memorial and shall provide a copy of this report to the secretary of state and the director of the Arizona state library, archives and public records.

4. Determine those persons who are eligible for the tuition waiver pursuant to section 15-1808 and report the determination to the Arizona board of regents or to each community college district governing board, as applicable.

B. The Arizona peace officers memorial board may:

1. Solicit private monetary donations for deposit in the Arizona peace officers memorial fund.

2. Use the monies deposited in the Arizona peace officers memorial fund established by section 41-1829.02 for persons who are eligible for the tuition waiver pursuant to section 15-1808 to pay for tuition, if tuition has not been waived, and other educational expenses incurred at a community college or a publicly or privately funded college or university or technical school.
A.R.S. § 41-1083 — Arizona Code / Title 41 / Chapter 6 / Article 8 / Section 1083
41-1083 No presumption of funding authority
Status: in_force

41-1083. No presumption of funding authority

No political subdivision may assess any fee, tax or other assessment in the exercise of its delegated authorities pursuant to any delegation agreement unless the delegation agreement specifically authorizes the fee, tax or other assessment or the political subdivision is otherwise authorized by law to impose the fee, tax or other assessment.
A.R.S. § 41-1491.36 — Arizona Code / Title 41 / Chapter 9 / Article 7 / Section 1491.36
41-1491.36 Prevailing party; fees and costs
Status: in_force

41-1491.36. Prevailing party; fees and costs

A court in a civil action brought under this article shall award reasonable attorney fees and costs to a prevailing plaintiff, except to the attorney general in an action brought under section 41-1491.33. The court shall not award attorney fees to a prevailing defendant unless the plaintiff's complaint was frivolous, unreasonable or without foundation.
A.R.S. § 41-1733 — Arizona Code / Title 41 / Chapter 12 / Article 2 / Section 1733
41-1733 School safety interoperability fund; school safety program; annual report
Status: in_force

41-1733. School safety interoperability fund; school safety program; annual report

A. The school safety interoperability fund is established consisting of monies appropriated to the fund by the legislature. The department of administration shall administer the fund.  Monies in the fund are continuously appropriated. Monies in the fund shall be distributed to the sheriff of a county or a city or town police department that establishes a school safety program and may be used only for a school safety program that meets all of the following:

1. Encompasses schools throughout this state.

2. In a school safety program county, enables the deployment of a secure, multimedia data communications system to a user base consisting of public safety agencies and public schools providing instruction in any combination of kindergarten programs and grades one through twelve.

3. Provides a communications solution environment that allows for:

(a) Identifying system users' identity, location and operational status during an incident.

(b) Secure text messaging and file sharing to all users involved in an incident.

(c) Secure sharing of collaborative maps, building floor plans and images between schools and public safety agencies.

(d) Integrating manually activated panic alarm systems that, when activated, establish direct collaboration between schools and public safety agencies.

(e) Using multiple forms of real-time communications and information collaboration, including voice and full-motion video sharing, during an incident.

4. Is capable of being deployed to end users on existing communications assets owned by participating entities.

5. Allows each participating entity to maintain discretionary real-time control of all communications assets owned or operated by the entity.

6. Encrypts all media communications.

7. Is certified under the United States department of homeland security safety act as qualified anti-terrorism technology.

8. Is compatible with the federal emergency management agency interoperable gateway system for disaster communications.

9. Ensures student and staff privacy.

10. Enables integration to school access control systems to allow remote lockdown by law enforcement through the same multimedia system.

B. On or before November 1 of each year, the sheriff of a county or a city or town police department that has established a school safety program pursuant to this section shall submit a report to the joint legislative budget committee of all expenditures made for the school safety program in the preceding fiscal year.
A.R.S. § 41-2555 — Arizona Code / Title 41 / Chapter 23 / Article 3 / Section 2555
41-2555 Request for information
Status: in_force

41-2555. Request for information

The procurement officer may issue a request for information to obtain data about services or materials available to meet a specific need. Adequate public notice as specified in section 41-2533 shall be provided.
A.R.S. § 41-2772 — Arizona Code / Title 41 / Chapter 25 / Article 2 / Section 2772
41-2772 Arizona state competitive government program
Status: in_force

41-2772. Arizona state competitive government program

A. A statewide competitive government program shall be established within the governor's office of management and budget. The program shall emphasize this state's fiduciary responsibility to taxpayers by encouraging value in the provision and delivery of state services by identifying and pursuing opportunities for increasing the use of market forces in the delivery of state services, while preventing unfair competition between state agencies and the private sector.

B. The competitive government process shall be utilized whenever a state agency chooses to, or is compelled to, privatize a state function or program currently provided through the direct use of state employees.

C. The Arizona board of regents and the community college districts shall develop a program comparable to the competitive government program for themselves and institutions under their jurisdiction and shall present a report to the office on or before October 1 of each year that contains a summary of all activities conducted by the Arizona board of regents and community college districts relating to competitive government activities. The office may require oral or written status reports relating to competitive government activities from the state agencies as deemed necessary.
A.R.S. § 41-2103 — Arizona Code / Title 41 / Chapter 16 / Article 1 / Section 2103
41-2103 Participating projects; notice; agency designation
Status: in_force

41-2103. Participating projects; notice; agency designation

(L21, Ch. 405, sec. 31.  Rpld. 1/1/29)

A. A project sponsor of an eligible project may submit to the director a notice that the project sponsor is initiating a proposed project. Each notice shall include all of the following:

1. A statement of the purposes and objectives of the proposed project.

2. A project description with geographic information, including the location of the proposed project and geospatial information.

3. A statement regarding the technical and financial ability of the project sponsor to construct the proposed project.

4. A list of agencies that may require authorizations for completion of the proposed project.

5. A statement of any authorization that is anticipated to be required to complete the proposed project.

6. An assessment that the proposed project meets the definition of an eligible project under this chapter and a statement of reasons supporting the assessment.

B. Not later than thirty days after receiving the notice specified in subsection A of this section, the director shall determine whether the proposed project qualifies as an eligible project and whether to include the proposed project as a participating project.

C. Not later than forty-five days after the date of the determination made in subsection B of this section, each agency identified by the project sponsor shall submit to the director all anticipated authorizations required for each participating project, including both of the following:

1. The steps required by the project sponsor and the agency to complete each authorization.

2. The target completion time for each step.

D. If an agency requires an authorization to complete a participating project that was not submitted pursuant to subsection C of this section, the agency shall provide to the director a written statement of cause for the additional authorization.

E. Each agency identified by the project sponsor shall notify the director regarding any decision made that materially affects the status of a participating project and shall submit any significant document associated with the decision as allowed by state and federal law.

F. An agency may not require an eligible project to participate in the permitting dashboard.
A.R.S. § 41-2106 — Arizona Code / Title 41 / Chapter 16 / Article 1 / Section 2106
41-2106 Dispute resolution; governor's regulatory review council; rules
Status: in_force

41-2106. Dispute resolution; governor's regulatory review council; rules

(L21, Ch. 405, sec. 31.  Rpld. 1/1/29)

A. The director, in consultation with the project sponsor and any relevant agency, as necessary, shall mediate any dispute related to the permitting timetable.

B. If a resolution for a dispute is not reached pursuant to subsection A of this section, the director shall notify the governor's regulatory review council and review the dispute with the directors of the relevant agency. Within thirty days after the director notifies the governor's regulatory review council of the dispute, the governor's regulatory review council shall recommend a course of action to the director, and the director may require agency action to resolve the dispute.

C. The governor's regulatory review council may adopt rules regarding the implementation of this section.
A.R.S. § 41-1012 — Arizona Code / Title 41 / Chapter 6 / Article 2 / Section 1012
41-1012 Code; publication of rules; notification
Status: in_force

41-1012. Code; publication of rules; notification

A. The code shall contain the full text of each final, expedited and emergency rule filed with the secretary of state and each exempt rule filed with the secretary of state to be published pursuant to a statutory exemption from the applicability of this chapter. The secretary of state shall remove each expired rule as prescribed in section 41-1011, subsection C.

B. The secretary of state shall electronically publish at least once every quarter a code supplement. Publication of a rule by the secretary of state as provided in this section constitutes prima facie evidence of the making, approving and filing of a final, emergency or exempt rule pursuant to this chapter or a statutory exemption from the applicability of this chapter.

C. The secretary of state shall offer an e-mail service for persons to receive notification when a quarterly supplement has been published. The service shall include a list of chapters published and where the chapters are posted.

D. The secretary of state shall publish the code electronically for free. The secretary of state shall establish a commercial use fee pursuant to section 39-121.03.  The secretary of state shall honor any paper subscription in place by the end of fiscal year 2017-2018 until the subscription expires.
A.R.S. § 41-724 — Arizona Code / Title 41 / Chapter 4 / Article 3 / Section 724
41-724 Exemptions
Status: in_force

41-724. Exemptions

A. The Arizona board of regents, the Arizona commerce authority and the legislative and judicial branches of state government shall not be subject to the provisions of this article except as prescribed by law.

B. The Arizona board of regents and the judicial branch of state government shall be subject to the provisions of sections 35-112 and 35-113.
A.R.S. § 41-3009.04 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3009.04
41-3009.04 Governor's council on developmental disabilities; termination July 1, 2009
Status: repealed

41-3009.04. Governor's council on developmental disabilities; termination July 1, 2009

A. The governor's council on developmental disabilities terminates on July 1, 2009.

B. Title 41, chapter 22 is repealed on January 1, 2010.
A.R.S. § 41-1491.02 — Arizona Code / Title 41 / Chapter 9 / Article 7 / Section 1491.02
41-1491.02 Exempt sales and rentals
Status: reserved

41-1491.02. Exempt sales and rentals

A. Except as provided in subsection B of this section, sections 41-1491.14 through 41-1491.21 do not apply to:

1. The sale or rental of a single family house sold or rented by an owner if:

(a) The owner does not:

(i) Own more than three single family houses at any one time.

(ii) Own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to any part of the proceeds from the sale or rental of more than three single family houses at any one time.

(b) The house was sold or rented without either:

(i) The use of the sales or rental facilities or services of a real estate broker, agent or salesman licensed under title 32, chapter 20 or the use of an employee or agent of a licensed broker, agent or salesman or the facilities or services of the owner of a dwelling designed or intended for occupancy by five or more families.

(ii) The publication, posting or mailing of a notice, statement or advertisement prohibited by section 41-1491.15.

2. The sale or rental of rooms or units in a dwelling containing living quarters occupied or intended to be occupied by no more than four families living independently of each other if the owner maintains and occupies one of the living quarters as the owner's residence.

B. The exemption in subsection A, paragraph 1 of this section applies to only one sale or rental in a twenty-four month period if the owner was not the most recent resident of the house at the time of the sale or rental.
A.R.S. § 41-1038 — Arizona Code / Title 41 / Chapter 6 / Article 3 / Section 1038
41-1038 Rules; restrictions; affirmative defense; exceptions; definition
Status: in_force

41-1038. Rules; restrictions; affirmative defense; exceptions; definition

A. Notwithstanding any other law, an agency may not adopt any new rule that would increase existing regulatory restraints or burdens on the free exercise of property rights or the freedom to engage in an otherwise lawful business or occupation unless the rule is either of the following:

1. A component of a comprehensive effort to reduce regulatory restraints or burdens.

2. Necessary to implement statutes or required by a final court order or decision.

B. Any person who is subject to a civil or criminal proceeding arising from the enforcement of a rule in violation of subsection A of this section has an affirmative defense to the enforcement action. Any court or administrative body considering or reviewing the defense shall rule on its merits without deference to any legislative, administrative or executive finding concerning the rule.  The court or administrative body may award the prevailing party, other than the agency, attorney fees and costs.

C. This section does not apply to rules that either:

1. Govern public employees.

2. Are necessary to protect public health and safety.

3. Are necessary to avoid sanctions that would result from a failure to take rulemaking action pursuant to a court order or federal law.

D. For the purposes of this section, agency does not include any board, commission, department, officer or other administrative unit of this state established under the authority of the constitution of Arizona.

E. For the purposes of this section, "to protect public health and safety" means the immediate need to address or prevent an outbreak of an infectious disease, a disaster or any other catastrophic event.
A.R.S. § 41-1604.20 — Arizona Code / Title 41 / Chapter 11 / Article 1 / Section 1604.20
41-1604.20 Graduated intervention policy; guidelines; annual report
Status: in_force

41-1604.20. Graduated intervention policy; guidelines; annual report

A. The director shall develop, implement and maintain a graduated intervention policy for offenders who violate a condition of community supervision. The policy must include guidelines for using graduated interventions on an offender who commits a technical violation of a condition of community supervision.

B. The department shall prepare and submit an annual report to the governor, the speaker of the house of representatives and the president of the senate that details the use of and completion rates for major graduated interventions in the previous year. The department shall provide a copy of this report to the secretary of state.
A.R.S. § 41-1491.12 — Arizona Code / Title 41 / Chapter 9 / Article 7 / Section 1491.12
41-1491.12 Subpoenas; discovery
Status: in_force

41-1491.12. Subpoenas; discovery

The attorney general may issue subpoenas and compel the production of documents and the giving of testimony, as provided by section 41-1403.
A.R.S. § 41-3028.10 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3028.10
41-3028.10 Department of water resources; termination July 1, 2028
Status: repealed

41-3028.10. Department of water resources; termination July 1, 2028

A. The department of water resources terminates on July 1, 2028.

B. Title 45, chapter 1, article 1 and this section are repealed on January 1, 2029.
A.R.S. § 41-1830.05 — Arizona Code / Title 41 / Chapter 12 / Article 9 / Section 1830.05
41-1830.05 Costs
Status: in_force

41-1830.05. Costs

The council may reimburse prosecuting attorneys and council staff for travel and per diem expenses from the prosecuting attorneys' advisory council training fund in an amount not to exceed the amounts authorized pursuant to title 38, chapter 4, article 2.
A.R.S. § 41-2571 — Arizona Code / Title 41 / Chapter 23 / Article 5 / Section 2571
41-2571 Definitions
Status: in_force

41-2571. Definitions

In this article, unless the context otherwise requires:

1. "Architect services", "engineer services", "land surveying services", "geologist services" and "landscape architect services" mean those professional services within the scope of the practice of those services as provided in title 32, chapter 1, article 1.

2. "Cost" means the aggregate cost of all materials and services, including labor performed by force account.

3. "Design professional service contract" means a written agreement relating to the planning, design, construction administration, study, evaluation, consulting, inspection, surveying, mapping, material sampling, testing or other professional, scientific or technical services furnished in connection with any actual or proposed study, planning, survey, environmental remediation, construction, improvement, alteration, repair, maintenance, relocation, moving, demolition or excavation of a structure, street or roadway, appurtenance, facility or development or other improvement to land.

4. "Design professional services" means architect services, engineer services, land surveying services, geologist services or landscape architect services or any combination of those services performed by or under the supervision of a design professional or employees or subconsultants of the design professional.

5. "Subconsultant" means any person, firm, partnership, corporation, association or other organization, or a combination of any of them, that has a direct contract with a design professional or another subconsultant to perform a portion of the work under a design  professional service contract.
A.R.S. § 41-1481 — Arizona Code / Title 41 / Chapter 9 / Article 6 / Section 1481
41-1481 Filing charges; investigation; findings; conciliation; compliance proceedings; appeals; attorney fees; violation; classification
Status: in_force

41-1481. Filing charges; investigation; findings; conciliation; compliance proceedings; appeals; attorney fees; violation; classification

A. A charge under this section shall be filed within one hundred eighty days after the alleged unlawful employment practice occurred. A charge is deemed filed on receipt by the division from or on behalf of a person claiming to be aggrieved or, if filed by a member of the division, when executed by the member on oath or affirmation. A charge is deemed filed by or on behalf of a person claiming to be aggrieved if received from the United States equal employment opportunity commission. A charge shall be in writing on oath or affirmation and shall contain the information, including the date, place and circumstances of the alleged unlawful employment practice, and be in the form as the division requires. The division shall not make charges public.

B. Whenever a charge is filed by or on behalf of a person claiming to be aggrieved or by a member of the division, referred to as the charging party, alleging that an employer, employment agency, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs, including on-the-job training programs, has engaged in an unlawful employment practice, the division shall serve notice of and a copy of the charge on the employer, employment agency, labor organization or joint labor-management committee, referred to as the respondent, within ten days and shall investigate the charge. If the division determines after the investigation that there is not reasonable cause to believe that the charge is true, the division shall enter an order determining the same and dismissing the charge and shall notify the charging party and the respondent of its action. If the division determines after the investigation that there is reasonable cause to believe that the charge is true, the division shall enter an order containing its findings of fact and shall endeavor to eliminate the alleged unlawful employment practice by informal methods of conference, conciliation and persuasion. Any party to the informal proceeding may be represented by counsel. Counsel need not be a member of the state bar if counsel is licensed to practice law in any other state or territory of the United States. Nothing said or done during and as a part of the informal endeavors may be made public by the division or its officers or employees or used as evidence in a subsequent proceeding without the written consent of the persons concerned. If a civil action resulting from a charge is commenced in any federal or state court, evidence collected by or submitted to the division during the investigation of the charge and the source of the evidence shall be subject to discovery by the parties to the civil action. Any person who makes public information in violation of this subsection is guilty of a class 1 misdemeanor. The division shall make its determination on reasonable cause as promptly as possible and as far as practicable not later than sixty days from the filing of the charge. If more than two years have elapsed after the alleged unlawful employment practice occurred, and if the charging party has received a notice of right to sue, the division may cease investigation of a charge without reaching a determination.

C. All conciliation agreements shall provide that the charging party waives, releases and covenants not to sue the respondent or claim against the respondent in any forum with respect to the matters which were alleged as charges filed with the division, subject to performance by the respondent of the promises and representations contained in the conciliation agreement.  The charging party or the respondent may prepare a conciliation agreement that the division shall submit to the other party and that, if accepted by the other party, shall be accepted by the division.

D. If within thirty days after the division has made a determination that reasonable cause exists to believe that the charge is true the division has not accepted a conciliation agreement to which the charging party and the respondent are parties, the division may bring a civil action against the respondent, other than the state, named in the charge. The charging party shall have the right to intervene in a civil action brought by the division. If a charge filed with the division pursuant to subsection A of this section is dismissed by the division or if within ninety days from the filing of such charge the division has not filed a civil action under this section or has not entered into a conciliation agreement with the charging party, the division shall so notify the charging party. After providing the notice a civil action may be brought against the respondent named in the charge by the charging party or, if that charge was filed by a member of the division, by any person whom the charge alleges was aggrieved by the alleged unlawful employment practice. In no event shall any action be brought pursuant to this article more than one year after the charge to which the action relates has been filed. On application by the complainant and in the circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the action without the payment of fees, costs or security. On timely application, the court may in its discretion allow the division to intervene in civil actions in which the state is not a defendant on certification that the case is of general public importance. Upon request the court may stay further proceedings for not more than sixty days pending the further efforts of the parties or the division to obtain voluntary compliance.

E. Whenever a charge is filed with the division and the division concludes on the basis of a preliminary investigation that prompt judicial action is necessary to carry out the purposes of this article or article 4 of this chapter, the division may bring an action for appropriate temporary or preliminary relief pending final disposition of the charge. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with the Arizona rules of civil procedure. The court having jurisdiction over the proceedings shall assign such action for hearing at the earliest practicable date and cause the action to be expedited in every way.

F. The court shall assign any action brought under this article for hearing at the earliest practicable date and cause the action to be in every way expedited. If the action has not been scheduled for trial within one hundred twenty days after issue has been joined, the judge may appoint a master pursuant to rule 53 of the Arizona rules of civil procedure.

G. If the court finds that the defendant has intentionally engaged in or is intentionally engaging in an unlawful employment practice alleged in the complaint, the court may enjoin the defendant from engaging in the unlawful employment practice and order the affirmative action as may be appropriate. Affirmative action may include, but is not limited to, reinstatement or hiring of employees with or without back pay payable by the employer, employment agency or labor organization responsible for the unlawful employment practice or any other equitable relief as the court deems appropriate. Back pay liability shall not accrue from a date more than two years before the filing of the charge with the division. Interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall reduce the back pay otherwise allowable. An order of the court shall not require the admission or reinstatement of an individual as a member of a union or the hiring, reinstatement or promotion of an individual as an employee or the payment to the individual of any back pay if the individual was refused admission, suspended or expelled or was refused employment or advancement or was suspended or discharged for any reason other than discrimination on account of race, color, religion, sex, age, disability or national origin or a violation of section 41-1464.

H. In any case in which an employer, employment agency or labor organization fails to comply with an order of a court issued in a civil action brought under this section, a party to the action or the division on the written request of a person aggrieved by such failure may commence proceedings to compel compliance with the order.

I. Any civil action brought under this section and any proceedings brought under subsection H of this section are subject to appeal as provided in sections 12-120.21, 12-120.22 and 12-120.24.

J. In any action or proceeding under this section the court may allow the prevailing party, other than the division, a reasonable  attorney fee as part of the costs.
A.R.S. § 41-1091.01 — Arizona Code / Title 41 / Chapter 6 / Article 9 / Section 1091.01
41-1091.01 Posting substantive policy statement and rules
Status: in_force

41-1091.01. Posting substantive policy statement and rules

An agency shall post on the agency's website:

1. The full text of each rule currently in use or the website address and location of the full text of each rule currently in use.

2. Each substantive policy statement currently in use, including its full text, if practicable.

3. The notice required by section 41-1091, subsection B.
A.R.S. § 41-1279 — Arizona Code / Title 41 / Chapter 7 / Article 10.1 / Section 1279
41-1279 Joint legislative audit committee; composition; meetings; powers and duties
Status: in_force

41-1279. Joint legislative audit committee; composition; meetings; powers and duties

A. The joint legislative audit committee is established consisting of five members of the senate who are appointed by the president of the senate, one of whom is a member of the senate appropriations committee, and five members of the house of representatives who are appointed by the speaker of the house of representatives, one of whom is a member of the house of representatives appropriations committee. Selection of members shall be based on their understanding of and interest in legislative audit oversight functions.  Not more than three appointees of each house shall be of the same political party. The president and the speaker shall designate one of their appointed members as chairperson of their respective delegation.  The chairperson of the audit committee shall serve for the term of each legislature.  The chairmanship of the audit committee shall alternate between the chairperson of the senate delegation and the chairperson of the house of representatives delegation beginning with the chairperson of the senate delegation. The president of the senate and the speaker of the house of representatives shall also serve as ex officio members of the committee.

B. The committee shall meet at least quarterly and on call of the chairperson. Members of the committee are eligible for reimbursement by their respective houses in the same manner as a member of the legislature who attends a meeting of a standing committee.

C. The committee shall:

1. Oversee all audit functions of the legislature and state agencies, including sunset, performance, special and financial audits, special research requests and the preparation and introduction of legislation resulting from audit report findings.

2. Appoint an auditor general subject to approval by a concurrent resolution of the legislature and direct the auditor general to perform all sunset, performance, special and financial audits and investigations.

3. Have the power of legislative subpoena in accordance with article 4 of this chapter.

4. Require state agencies to comply with findings and directions of the committee regarding sunset, performance, special and financial audits.

5. Perform all functions required by chapter 27 of this title relating to the sunset review of state agencies.
A.R.S. § 41-561 — Arizona Code / Title 41 / Chapter 3 / Article 5 / Section 561
41-561 Economic estimates commission; members; vacancies; limitation
Status: in_force

41-561. Economic estimates commission; members; vacancies; limitation

A. There shall be an economic estimates commission composed of the following three members:

1. The director of the department of revenue or the director's designee, who shall serve as chairman.

2. One person, who shall be knowledgeable in the field of economics, appointed by the president of the senate.

3. One person, who shall be knowledgeable in the field of economics, appointed by the speaker of the house of representatives.

B. The appointive commission members shall be appointed for a term of two years and shall receive compensation determined pursuant to section 38-611.

C. Vacancies in commission membership shall be filled for the balance of the unexpired term in the same manner as the original appointment.

D. No member of the commission shall be a member of the legislature.
A.R.S. § 41-1544 — Arizona Code / Title 41 / Chapter 10 / Article 4 / Section 1544
41-1544 Arizona job training fund; definitions
Status: in_force

41-1544. Arizona job training fund; definitions

A. The Arizona job training fund is established consisting of legislative appropriations, gifts, grants and other monies.  The authority shall administer the fund. On notice from the chief executive officer, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

B. The chief executive officer may accept and expend federal monies and private grants, gifts and contributions to assist in carrying out the purposes of this article. All monies for the program shall be expended only for the costs related to training. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations, except that:

1. Monies in the fund may not be encumbered from and after December 31, 2020.

2. Monies in the fund that are unencumbered on January 1, 2021 revert to the state general fund.

3. All monies remaining in the fund on June 30, 2022 revert to the state general fund.

C. The fund monies shall be spent on approval of the authority at the direction of the chief executive officer in accordance with the guidelines and procedures adopted by the workforce Arizona council.

D. A minimum of twenty-five percent of the monies appropriated to the fund shall be used to provide training to small businesses employing fewer than one hundred employees.

E. A minimum of twenty-five percent of the monies appropriated to the fund shall be used to provide training to businesses located in rural areas of this state.

F. If a business receives monies for training from the fund and the business employs fewer than one hundred employees and is located in a rural area of this state, the business shall be included in the minimum percentages prescribed in subsections D and E of this section.

G. Not more than fifty percent of the monies in the fund shall be used to provide incumbent worker training.

H. A single grant awarded pursuant to this article may not be more than one million three hundred thousand dollars.

I. The authority may not approve grant monies for reimbursement of the following employer costs:

1. Fringe benefits, food and beverages, recruitment and signing bonuses for trainees and trainers.

2. Employer costs to complete a program application.

3. Except for small businesses, training expenses for partners or corporate officers.

4. Employee relocation expenses.

5. Training or course development costs that are not part of the employer's approved training plan.

6. Costs for assessing the training needs of employees.

7. Drug or other testing costs for employee screening or prescreening purposes.

8. Costs for trade shows and conferences or seminars that do not result in a skill certificate that is earned by an employee.

9. Other costs prohibited by rule.

J. For the purposes of this section:

1. "Rural area" means either:

(a) A county with a population of less than seven hundred fifty thousand persons.

(b) A census county division with less than fifty thousand persons in a county with a population of seven hundred fifty thousand or more persons.

2. "Small business" means a concern, including its affiliates, that employs fewer than one hundred employees.
A.R.S. § 41-1609 — Arizona Code / Title 41 / Chapter 11 / Article 1 / Section 1609
41-1609 Agreements with federal or private agencies and institutions; contract review; emergency contracts
Status: in_force

41-1609. Agreements with federal or private agencies and institutions; contract review; emergency contracts

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

B. The department may contract with any private or public institution that is located inside or outside this state for facilities or the operation of facilities that are dedicated to the confinement of persons who are committed to the department.  Notwithstanding chapter 4, article 7 of this title and article 4 of this chapter, the contract may include a purchase option and if the contract has a per diem provision the contract may include a provision that allows a portion of the per diem to be applied to reduce the purchase price.

C. The department shall submit all contracts entered into pursuant to subsection B of this section to the attorney general to determine if the contract is within the authority granted under the laws of this state and in proper form. All contracts involving the detention or incarceration of adult offenders shall conform to the requirements of section 41-1609.01.

D. Notwithstanding subsection C of this section, the department may enter into emergency contracts pursuant to section 41-2537 with private or public institutions for facilities or the operation of facilities that are dedicated to the confinement of persons who are committed to the department.

E. The director may declare an emergency for acts of God, natural catastrophes, prison riots and overcrowding. In an emergency, the director shall:

1. Confine persons who are committed to the department in either of the following:

(a) An existing public institution.

(b) A private institution that is described in subsection B of this section.

2. Up to twenty-four hours before declaring the emergency, notify the governor and the attorney general of the emergency and the need to relocate persons who are committed to the department to another existing public or private facility established pursuant to sections 41-1609.01 and 41-1609.02.

3. Within thirty days after declaring the emergency, determine the length of the emergency confinement. If the director determines that the emergency confinement will exceed six months in duration, the emergency contract shall comply with sections 41-1609.01 and 41-1609.02.

F. Notwithstanding subsection E, paragraph 2 of this section, if the director declares that an emergency exists due to the overcrowding of a public or private correctional facility, the director shall discuss with the governor, the attorney general and the majority and minority leadership in the senate and the house of representatives relocating the inmates from the overcrowded facility to another facility before relocating the inmates.

G. An emergency contract shall not exceed one year in duration.
A.R.S. § 41-1063 — Arizona Code / Title 41 / Chapter 6 / Article 6 / Section 1063
41-1063 Decisions and orders
Status: in_force

41-1063. Decisions and orders

Unless otherwise provided by law, any final decision or order adverse to a party in a contested case shall be in writing or stated in the record. Any final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Unless otherwise provided by law, parties shall be notified either personally or by mail to their last known address of any decision or order. Upon request a copy of the decision or order shall be delivered or mailed forthwith to each party and to his attorney of record.
A.R.S. § 41-1713.01 — Arizona Code / Title 41 / Chapter 12 / Article 2 / Section 1713.01
41-1713.01 Deputy director; powers and duties; compensation
Status: in_force

41-1713.01. Deputy director; powers and duties; compensation

A. The primary responsibility of the deputy director is to assist the director and perform functions and duties assigned by the director.

B. The deputy director is exempt from chapter 4, articles 5 and 6 of this title and is eligible to receive compensation pursuant to section 38-611.
A.R.S. § 41-3028.09 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3028.09
41-3028.09 Residential utility consumer office; termination July 1, 2028
Status: repealed

41-3028.09. Residential utility consumer office; termination July 1, 2028

A. The residential utility consumer office terminates on July 1, 2028.

B. Title 40, chapter 2, article 11 and this section are repealed on January 1, 2029.
A.R.S. § 41-1726 — Arizona Code / Title 41 / Chapter 12 / Article 2 / Section 1726
41-1726 Blue alert notification system; requirements
Status: in_force

41-1726. Blue alert notification system; requirements

A. The department shall establish the blue alert notification system as a quick response system designed to issue and coordinate alerts following an attack on a law enforcement officer as described in subsection B of this section.

B. On the request of an authorized person at a law enforcement agency that is investigating an offense described in paragraph 1 of this subsection, the department shall issue a blue alert if all of the following conditions are met:

1. A law enforcement officer has been killed, suffered serious bodily injury or has been assaulted with a deadly weapon and the suspect has fled the scene of the offense.

2. A law enforcement agency investigating the offense has determined that the suspect poses an imminent threat to the public or other law enforcement personnel.

3. A detailed description of the suspect's vehicle or license plate is available for broadcast.

4. Public dissemination of available information may help avert further harm or accelerate apprehension of the suspect.

C. If the department issues a blue alert pursuant to this section, the department shall provide the blue alert information to any other entity that provides similar notifications in this state.
A.R.S. § 41-1781 — Arizona Code / Title 41 / Chapter 12 / Article 6 / Section 1781
41-1781 Training and education
Status: in_force

41-1781. Training and education

A. There is established in the department, a division of training and education for law enforcement personnel.

B. The superintendent of the training and education division shall have experience in law enforcement and in the instruction of law enforcement officers. In addition, the superintendent shall have a college degree issued to him by an accredited college or university.

C. The training and education division shall:

1. Permit required training to be obtained at existing state, county and municipal law enforcement officer training institutions meeting the minimum standards adopted by the advisory council.

2. Establish training programs:

(a) For the training of the personnel of the department in their respective duties and functions, and

(b) For such peace and police officers who may be selected to attend such training programs by the authorities of the law enforcement agencies by which they are employed.

D. The training and education division shall:

1. Certify law enforcement training and education programs as having attained the minimum required standards established by the council.

2. Certify instructors as having qualified as law enforcement officer instructors under conditions established by the council.

E. The superintendent of the patrol, or the director when the department is established, in cooperation with the superintendent of public instruction and other interested agencies shall develop a program for the education of students in matters of public safety and crime prevention.
A.R.S. § 41-1279.04 — Arizona Code / Title 41 / Chapter 7 / Article 10.1 / Section 1279.04
41-1279.04 Authority to examine records; violation; classification; attorney general supervision
Status: in_force

41-1279.04. Authority to examine records; violation; classification; attorney general supervision

A. The auditor general or the auditor general's authorized representatives, in the performance of official duties, shall have access to employees and the authority to examine any and all books, accounts, reports, vouchers, correspondence files and other records, bank accounts, criminal history record information as defined in section 41-1701 and in accordance with section 41-1750, monies and other property of any state agency, board, commission, department, institution, program, advisory council or committee or political subdivision of this state, whether created by the constitution or otherwise, or such documents and property of a contractor relating to a contract with this state pursuant to section 35-214. Any such agency or political subdivision that has such records under the officer's or employee's control, shall allow access to and examination of the records on the request of the auditor general or the auditor general's authorized representative.

B. The auditor general or the auditor general's authorized representatives, in the performance of official duties, shall have access to financial institutions' or financial enterprises' information, accounts, books, records, statements, reports, communications, transactions or any other information relating to any state agency, board, commission, department, institution, program, advisory council or committee or political subdivision of this state, whether created by the constitution or otherwise. On request of the auditor general or the auditor general's representatives and in the form and at the time prescribed by the auditor general, the financial institution or financial enterprise shall provide all information requested by the auditor general or the auditor general's authorized representative. An authorized representative of the financial institution or financial enterprise shall certify all information provided to the auditor general or auditor general's authorized representatives. Costs or fees associated with producing the information requested by the auditor general or auditor general's authorized representatives shall be paid by the state agency, board, commission, department, institution, program, advisory council or committee or political subdivision. A financial institution or financial enterprise is not liable to the state agency, board, commission, department, institution, program, advisory council or committee or political subdivision for providing to the auditor general or auditor general's authorized representatives information requested pursuant to this subsection.

C. For the purpose of complying with section 41-1279.03, subsection A, paragraphs 4 and 9, the auditor general or the auditor general's authorized representative, in the performance of official duties, may attend executive sessions of the governing body of any state agency or school district in this state.

D. For the purpose of auditing the department of revenue, the auditor general and the auditor general's authorized representatives have access to state tax returns, except that a report of the auditor general shall not violate the confidentiality of state tax laws.

E. For the purpose of complying with subsection A of this section, all officers of any state agency, board, commission, department, institution, program, advisory council or committee or political subdivision of this state shall provide reasonable space for auditor general staff and make records available, in the form and at the time prescribed.

F. Any officer or person who knowingly fails or refuses to allow access and examination pursuant to this section or who knowingly obstructs or misleads the auditor general in the execution of the auditor general's duties is guilty of a class 2 misdemeanor.

G. The attorney general shall supervise the prosecution of all offenders under this section.
A.R.S. § 41-1131 — Arizona Code / Title 41 / Chapter 7 / Article 3 / Section 1131
41-1131 Appointment
Status: in_force

41-1131. Appointment

Standing committees of the legislature shall be appointed by the presiding officer of the respective houses, but each house may, by resolution or rule, direct otherwise.
A.R.S. § 41-751 — Arizona Code / Title 41 / Chapter 4 / Article 4 / Section 751
41-751 Annual report and recommendations
Status: in_force

41-751. Annual report and recommendations

A. The director shall prepare a report on state personnel and the operation of the state personnel system.

B. The report shall include:

1. Information concerning all state employees, including employees of all executive, legislative and judicial branch agencies.  All state agencies shall provide any information requested by the director to prepare the annual report.

2. Information concerning turnover, including the number of employees separating from state employment and the reasons for separation.

3. Information concerning the compensation during the preceding year and the coming year of state employees and the compensation of other public employees and private employees, including the most recent benchmarks established pursuant to section 41-1720.

4. An advisory recommendation on state employees' salaries. In establishing the recommendation, the director shall consider the relative levels of duties and responsibilities of the various classes of positions, rates paid for comparable positions elsewhere and other relevant factors. Salary recommendations are not required for elected officials.  The director shall make advisory salary recommendations for specific positions in the governor's office, the legislature and the courts if requested by the respective administrative heads of these units of state government.

5. The overtime pay of all state agencies.

6. Other information as determined by the director.

C. The annual report and recommendations shall be presented to the governor and the legislature on or before September 1 of each year.  The director shall provide a copy of the report to the secretary of state.

D. The Arizona board of regents, the department of public safety, the judicial department and the Arizona state schools for the deaf and the blind shall each prepare and submit an annual report on their personnel as prescribed in this section.  The report shall include:

1. Information concerning the number of employees affected by and reasons for turnover of their employees.

2. Information concerning the compensation during the preceding year and the coming year of their employees and the compensation of other public employees and private employees.

3. An advisory recommendation on the salary plan and adjustments for their employees. In establishing the salary plan, they shall consider the relative levels of duties and responsibilities of the various classes of positions, rates paid for comparable positions elsewhere and other relevant factors.

4. The overtime pay for their employees.
A.R.S. § 41-1024 — Arizona Code / Title 41 / Chapter 6 / Article 3 / Section 1024
41-1024 Time and manner of rule making
Status: in_force

41-1024. Time and manner of rule making

A. An agency may not submit a rule to the council until the rule making record is closed.

B. Within one hundred twenty days after the close of the record on the proposed rule making, an agency shall take one of the following actions:

1. Submit the rule to the council or, if the rule is exempt pursuant to section 41-1057, to the attorney general.

2. Terminate the proceeding by publication of a notice to that effect in the register.

C. Before submitting a rule to the council or the attorney general, an agency shall consider the written submissions, the oral submissions or any memorandum summarizing oral submissions and the economic, small business and consumer impact statement regarding the rule or information in the preamble.

D. Within the scope of its delegated authority, an agency may use its own experience, technical competence, specialized knowledge and judgment in the making of a rule.

E. Unless exempted by section 41-1005 or 41-1057 or unless the rule is an emergency rule made pursuant to section 41-1026, if the agency chooses to make the rule, the agency shall submit a rule package to the council and to the committee. The rule package shall include:

1. The preamble.

2. The exact words of the rule, including existing language and any deletions.

3. The economic, small business and consumer impact statement.

F. If the rule is exempt pursuant to section 41-1005, the agency shall file it as a final rule with the secretary of state.

G. If the rule is exempt from council approval, pursuant to section 41-1057, the agency shall submit the rule package set forth in subsection E of this section to the attorney general for approval pursuant to section 41-1044.

H. An agency shall not file a final rule with the secretary of state without prior approval from the council, unless the final rule is exempted pursuant to section 41-1005 or 41-1057 or the rule is an emergency rule made pursuant to section 41-1026 or an expedited rule made pursuant to section 41-1027.
A.R.S. § 41-3026.10 — Arizona Code / Title 41 / Chapter 27 / Article 2 / Section 3026.10
41-3026.10 Western interstate commission for higher education; termination July 1, 2026
Status: repealed

41-3026.10. Western interstate commission for higher education; termination July 1, 2026

A. The western interstate commission for higher education terminates on July 1, 2026.

B. Title 15, chapter 13, article 8 and this section are repealed on January 1, 2027.
A.R.S. § 41-1467 — Arizona Code / Title 41 / Chapter 9 / Article 4 / Section 1467
41-1467 Essential job functions
Status: in_force

41-1467. Essential job functions

Under this article and article 6 of this chapter, in determining what functions of a job are essential, consideration shall be given to the employer's judgment as to what functions of the job are essential, and if the employer has prepared a written description of the job before advertising or interviewing applicants for the job, this written description is evidence of the essential functions of the job.
A.R.S. § 41-1093 — Arizona Code / Title 41 / Chapter 6 / Article 11 / Section 1093
41-1093 Definitions
Status: in_force

41-1093. Definitions

In this article, unless the context otherwise requires:

1. "Health, safety or welfare":

(a) Means the protection of members of the public against harm, fraud or loss, including the preservation of public security, order or health.

(b) Does not include the protection of existing businesses or agencies, whether publicly or privately owned, against competition.

2. "Individual" means a natural person.

3. "Occupational regulation":

(a) Means a rule, regulation, practice or policy that allows an individual to use an occupational title or work in a lawful occupation, trade or profession or a cease and desist demand or other regulatory requirement that prevents an individual from using an occupational title or working in a lawful occupation, trade or profession.

(b) Does not include:

(i) A business license, facility license, building permit or zoning and land use regulation.

(ii) Any rule or regulation relating to an institution or individual that is subject to title 36, chapter 4, article 10 or chapter 20.

(iii) Any license or regulation that is required by federal law.

(iv) Any rule or regulation adopted by an agency that is authorized by statute and has been approved by the council pursuant to section 41-1052.

(v) Any rule or regulation relating to emergency medical and transportation services that originated with a public access system or medical transportation requested by a medical authority or by the patient for which a certificate of necessity is required under section 36-2233.

(vi) Any rule relating to the licensing of a securities dealer, securities salesman, investment adviser or investment adviser representative.
A.R.S. § 41-1861 — Arizona Code / Title 41 / Chapter 12.1 / Article 3 / Section 1861
41-1861 Arizona fallen firefighter memorial committee; membership
Status: in_force

41-1861. Arizona fallen firefighter memorial committee; membership

A. The Arizona fallen firefighter memorial committee is established consisting of the following members:

1. The president of this state's largest professional firefighters organization who shall serve as the chairperson of the committee.

2. One public member who is appointed by the chairperson of the committee.

3. The state forester or the state forester's designee.

4. The director of the historical advisory commission or the director's designee.

5. The director of the department of administration or the director's designee.

6. The commander of a professional firefighters organization honor guard.

7. The president of the Arizona fire chiefs association.

8. Two public members who are appointed by the governor.

B. Members of the committee are not eligible to receive compensation, but members are entitled to reimbursement from the Arizona fallen firefighter memorial fund established by section 41-1863 for reasonable expenses in traveling on and attending to official committee business.
A.R.S. § 41-2576 — Arizona Code / Title 41 / Chapter 23 / Article 5 / Section 2576
41-2576 Contract payment retention; partial payment
Status: in_force

41-2576. Contract payment retention; partial payment

A. Ten per cent of all construction contract payments shall be retained by this state as insurance of proper performance of the contract or, at the option of the contractor, a substitute security may be provided by the contractor in an authorized form pursuant to rules adopted by the director.  The contractor is entitled to all interest from any such substitute security.

B. When the contract is fifty per cent completed, one-half of the amount retained or securities substituted pursuant to this section shall be paid to the contractor upon the contractor's request provided the contractor is making satisfactory progress on the contract and there is no specific cause or claim requiring a greater amount to be retained. After the contract is fifty per cent completed, no more than five per cent of the amount of any subsequent progress payments made under the contract shall be retained providing the contractor is making satisfactory progress on the project, except that if at any time the state determines satisfactory progress is not being made ten per cent retention shall be reinstated for all progress payments made under the contract subsequent to the determination.

C. Any retention shall be paid or substitute security shall be returned to the contractor within sixty days after final completion and acceptance of work under the contract.  Retention of payments by a purchasing agency longer than sixty days after final completion and acceptance requires a specific written finding by the purchasing agency of the reasons justifying the delay in payment.  No purchasing agency may retain any monies after sixty days which are in excess of the amount necessary to pay the expenses the purchasing agency reasonably expects to incur in order to pay or discharge the expenses determined by the finding justifying the retention of monies.

D. This state shall not accept any substitute security unless accompanied by a signed and acknowledged waiver of any right or power of the obligor to set off any claim against either the state governmental unit or the contractor in relationship to the security assigned.  In any instance in which this state accepts substitute security as provided in this section, any subcontractor undertaking to perform any part of the contract is entitled to provide such security to the contractor.

E. Notwithstanding anything to the contrary in this section or in any other law:

1. There shall be no retention for job-order-contracting construction services contracts and the purchasing agency may elect to have no retention for construction-manager-at-risk and design-build construction services contracts.

2. This section applies only to amounts payable in a construction services contract for construction and does not apply to amounts payable in a construction services contract for design services, preconstruction services, finance services, maintenance services, operations services or any other related services included in the contract.
A.R.S. § 41-1830.51 — Arizona Code / Title 41 / Chapter 12 / Article 12 / Section 1830.51
41-1830.51 Vehicle towing; rules; contractual agreement for towing services; definition
Status: in_force

41-1830.51. Vehicle towing; rules; contractual agreement for towing services; definition

A. The director shall:

1. Adopt and enforce rules that are not inconsistent with this article to govern the design and operation of all tow trucks.

2. Adopt guidelines to protect consumers against being overcharged for towing services.  The guidelines shall specify that a larger class of tow vehicle used for lighter tows must be billed at the lighter duty towing service rates.

B. The director or a county, city or town may enter into a contractual agreement with a towing firm or firms for towing or storage services, or both. At the time of application for a contractual agreement, a towing firm must disclose in writing the owners of the towing firm and, if the owners own other towing firms that are also applying for the same contractual agreement, the names of those towing firms. The contractual agreement shall comply with this section and all rules adopted under this section. Contracts shall be awarded on the basis of competitive bidding.  The director or a county, city or town shall reserve the right to reject all bids. If only one bid is received, the director or a county, city or town may reject the bid and negotiate a contract without bidding if the negotiated contract is at a price lower than the bid price under the terms and conditions specified in the call for bids.

C. Except as provided in subsection D of this section, a towing firm may only have one contractual agreement per geographic towing area with the department or a county, city or town for towing or storage services, or both. If an owner of a towing firm has a common ownership interest in another towing firm or the assets, or shared use of the assets, of another towing firm, the owner may not participate in any other application for a contractual agreement within the same geographic towing area for that application.  The department or a county, city or town must determine that each towing firm is in compliance with this subsection.  The director or a county, city or town must review any complaints that are submitted with supporting documentation and that allege a violation of this subsection.

D. If a towing firm that has a contractual agreement pursuant to this section acquires another towing firm that has a contractual agreement pursuant to this section, both contractual agreements remain valid for one year after the date of the acquisition or until the end of the contractual agreement, whichever is shorter.

E. Notwithstanding subsection C of this section, an agency may allow a towing firm to use resources from another towing firm if an agency deems the use of those resources is necessary for traffic incident management.

F. If towing companies share any employees or staff, the companies shall be considered as one company for the purposes of the rotation list in that geographically contracted towing area.

G. For the purposes of this section, "asset" means any property that has a value, including financial, intangible and physical assets, and includes:

1. Vehicles.

2. Equipment.

3. Stock.

4. A membership in a limited liability company.

5. A partnership interest.

6. A beneficial interest in a trust or another like item.
A.R.S. § 41-1901 — Arizona Code / Title 41 / Chapter 13 / Article 1 / Section 1901
41-1901 Establishment of commission
Status: in_force

41-1901. Establishment of commission

There is established a commission to be known as the commission on salaries for elective state officers, hereinafter referred to as the commission.
A.R.S. § 41-511.03 — Arizona Code / Title 41 / Chapter 3 / Article 1.1 / Section 511.03
41-511.03 Purposes; objectives
Status: in_force

41-511.03. Purposes; objectives

The purposes and objectives of the board shall be to select, acquire, preserve, establish and maintain areas of natural features, scenic beauty, historical and scientific interest, and zoos and botanical gardens, for the education, pleasure, recreation, and health of the people, and for such other purposes as may be prescribed by law.
A.R.S. § 41-1092.02 — Arizona Code / Title 41 / Chapter 6 / Article 10 / Section 1092.02
41-1092.02 Appealable agency actions; application of procedural rules; exemption from article
Status: in_force

41-1092.02. Appealable agency actions; application of procedural rules; exemption from article

A. This article applies to all contested cases as defined in section 41-1001 and all appealable agency actions, except contested cases with or appealable agency actions of:

1. The state department of corrections.

2. The board of executive clemency.

3. The industrial commission of Arizona.

4. The Arizona corporation commission.

5. The Arizona board of regents and institutions under its jurisdiction.

6. The state personnel board.

7. The department of juvenile corrections.

8. The department of transportation, except as provided in title 28, chapter 30, article 2.

9. The department of economic security except as provided in section 46-458.

10. The department of revenue regarding:

(a) Income tax or withholding tax.

(b) Any tax issue related to information associated with the reporting of income tax or withholding tax unless the taxpayer requests in writing that this article apply and waives confidentiality under title 42, chapter 2, article 1.

11. The board of tax appeals.

12. The state board of equalization.

13. The state board of education, but only in connection with contested cases and appealable agency actions related to either:

(a) Applications for issuance or renewal of a certificate and discipline of certificate holders and noncertificated persons pursuant to sections 15-203, 15-505, 15-534, 15-534.01, 15-535, 15-545 and 15-550.

(b) The Arizona empowerment scholarship account program pursuant to title 15, chapter 19.

14. The board of fingerprinting.

15. The department of child safety except as provided in sections 8-506.01 and 8-811.

B. Unless waived by all parties, an administrative law judge shall conduct all hearings under this article, and the procedural rules set forth in this article and rules made by the director apply.

C. Except as provided in subsection A of this section:

1. A contested case heard by the office of administrative hearings regarding taxes administered under title 42 shall be subject to section 42-1251.

2. A final decision of the office of administrative hearings regarding taxes administered under title 42 may be appealed by either party to the director of the department of revenue, or a taxpayer may file and appeal directly to the board of tax appeals pursuant to section 42-1253.

D. Except as provided in subsections A, B, E, F and G of this section and notwithstanding any other administrative proceeding or judicial review process established in statute or administrative rule, this article applies to all appealable agency actions and to all contested cases.

E. Except for a contested case or an appealable agency action regarding unclaimed property, sections 41-1092.03, 41-1092.08 and 41-1092.09 do not apply to the department of revenue.

F. The board of appeals established by section 37-213 is exempt from:

1. The time frames for hearings and decisions provided in section 41-1092.05, subsection A, section 41-1092.08 and section 41-1092.09.

2. The requirement in section 41-1092.06, subsection A to hold an informal settlement conference at the appellant's request if the sole subject of an appeal pursuant to section 37-215 is the estimate of value reported in an appraisal of lands or improvements.

G. Auction protest procedures pursuant to title 37, chapter 2, article 4.1 are exempt from this article.
A.R.S. § 41-1103 — Arizona Code / Title 41 / Chapter 7 / Article 1 / Section 1103
41-1103 Compensation; reimbursement of expenditures
Status: in_force

41-1103. Compensation; reimbursement of expenditures

A. Members of the legislature are each entitled to receive an annual salary established pursuant to the provisions of section 41-1904.

B. In addition to the salary provided in subsection A of this section, each member of the legislature shall also be reimbursed for travel and subsistence expenses incurred in attendance upon regular sessions or special sessions and for acting in a legislative matter, other than in a regular or special session, upon prior approval of the presiding officer of either house of the legislature at such rate and in such manner as may be prescribed by law.
A.R.S. § 41-1202 — Arizona Code / Title 41 / Chapter 7 / Article 7 / Section 1202
41-1202 Vacancy in legislature; precinct committeemen; appointment; definition
Status: in_force

41-1202. Vacancy in legislature; precinct committeemen; appointment; definition

A. If a vacancy occurs or exists in the legislature and the vacant seat was represented by a political party that is organized pursuant to title 16, chapter 5, article 2 and that has at least thirty elected committeemen who are from precincts that are in the legislative district and that are in the county in which the vacancy occurred, the following apply:

1. The secretary of state shall immediately notify the state party chairman of the appropriate political party of the vacancy. Within three calendar days after notification of the vacancy by the secretary of state, the state party chairman of the appropriate political party or the chairman's designee shall give written notice of the meeting for selecting nominees to fill the vacancy to all elected precinct committeemen of the appropriate political party from precincts that are in the legislative district and that are in the county in which the vacancy occurred.

2. The meeting prescribed by paragraph 1 of this subsection shall occur within five calendar days after the date of the written notice of the meeting for selecting nominees if the legislature is in session, the governor has called a special session or if the presiding officer or minority leader of the house in which the vacancy has occurred notifies the chair of the board that a special session is pending or within twenty-one calendar days after the date of notice of the vacancy from the secretary of state if the legislature is not in session, the governor has not called a special session and the chair of the board has not been notified that a special session is pending.

3. At the meeting for selecting nominees to fill the vacancy, those elected precinct committeemen shall nominate by a majority vote three qualified electors to fill the vacancy who meet the requirements for service in the legislature, who belong to the same political party and who reside at the time of nomination in the same district and county as the person elected to or appointed to the office immediately before the vacancy.

4. The meeting to select nominees to fill the vacancy is subject to title 38, chapter 3, article 3.1, and the state party chairman of the appropriate political party shall oversee the nominations. Fifty percent or more of the elected precinct committeemen of the district who are in the legislative district and from the county in which the vacancy occurred, or their proxies, meeting together constitutes a quorum for the purposes of this subsection. A precinct committeeman may choose to allow the use of a proxy that:

(a) Is given by the precinct committeeman to another elected precinct committeeman for the legislative district in which the vacancy occurred for use at the meeting to fill the vacancy.

(b) Only is valid for the length of the meeting for which it was given.

(c) Is attested by a notary public or two witnesses.

5. The state party chairman of the appropriate political party shall immediately forward the names of the three persons named pursuant to paragraph 3 of this subsection to the board of supervisors of the county of residence of the person elected or appointed to the office immediately before the vacancy occurred. The board of supervisors shall appoint a person to fill the vacancy from the three nominees submitted. If the legislature is in session, the governor has called a special session or if the presiding officer or minority leader of the house in which the vacancy has occurred notifies the chair of the board that a special session is pending, the board of supervisors shall make the appointment within ten calendar days after receiving the names and if the legislature is not in session, the governor has not called a special session and the chair of the board has not been notified that a special session is pending, the board of supervisors shall make the appointment within twenty-one calendar days after receiving the names.  If the board of supervisors fails to fill the vacancy from the three nominees within the time prescribed by this paragraph, the state party chairperson shall appoint from among the three nominees submitted to the county board of supervisors a person to fill the vacancy within three calendar days after the time for the board of supervisors to fill the vacancy has elapsed.

6. If the elected precinct committeemen of the appropriate political party fail to nominate by a majority vote three qualified electors to fill the vacancy at the meeting to select nominees as prescribed by paragraph 3 of this subsection, the state party chairman shall immediately notify the board of supervisors of the appropriate county and the board of supervisors shall fill the vacancy as provided in subsection B of this section. The time frame for appointing a citizens panel shall run from receipt of notification from the state party chairman.

B. If a vacancy occurs in the legislature and the vacant seat was represented by a political party that is organized pursuant to title 16, chapter 5, article 2 and that has fewer than thirty elected committeemen who are from precincts that are in the legislative district and that are in the county in which the vacancy occurred or if the vacant seat was not represented by a political party that is organized pursuant to title 16, chapter 5, article 2, the following apply:

1. The secretary of state shall immediately notify the board of supervisors of the county of residence of the person elected to or appointed to the office immediately before the vacancy of the vacancy.

2. Within seven calendar days after notification of the vacancy by the secretary of state, the board of supervisors shall appoint a citizens panel to submit to the board the names of three qualified electors to fill the vacancy who meet the requirements for service in the legislature and who belong to the same political party and reside at the time of nomination in the same district and county as the person elected to or appointed to the office immediately before the vacancy. If the person elected to or appointed to the office immediately before the vacancy was not registered with a political party that is organized pursuant to title 16, chapter 5, article 2, the qualified electors shall be qualified electors who are not registered with a political party that is organized pursuant to title 16, chapter 5, article 2.

3. The meeting of the citizens panel prescribed by paragraph 2 of this subsection shall occur within five calendar days after the citizens panel is appointed by the board of supervisors if the legislature is in session, the governor has called a special session or the chair of the board has been notified that a special session is pending, or within twenty-one calendar days after the citizens panel is appointed if the legislature is not in session, the governor has not called a special session and the chair of the board has not been notified that a special session is pending.

4. The board of supervisors, by a majority vote of the board, shall appoint one person from the list of names submitted by the citizens panel to fill the vacancy. If the legislature is in session, if the governor has called a special session or if the presiding officer or minority leader of the house in which the vacancy has occurred notifies the chair of the board that a special session is pending, the board of supervisors shall make the appointment within ten calendar days after receiving the names and if the legislature is not in session, the governor has not called a special session and the chair of the board has not been notified that a special session is pending, the board of supervisors shall make the appointment within twenty-one calendar days after receiving the names. If the board of supervisors fails to fill the vacancy from the three nominees within the time prescribed, the state party chairman shall appoint a person to fill the vacancy from the three nominees submitted and shall make that appointment within three calendar days after the time for the board of supervisors to fill the vacancy has elapsed.

C. If any person who is nominated pursuant to subsection A or B of this section withdraws from consideration, the state party chairman of the appropriate political party shall immediately nominate an alternative qualified elector to fill the vacancy who meets the requirements for service in the legislature, who belongs to the same political party and who resides at the time of nomination in the same district and county as the person elected to or appointed to the office immediately before the vacancy.

D. For the purposes of this section, "appropriate political party" means the same political party of which the person who was elected to or appointed to the office was a member immediately before the vacancy occurred except that if the person vacating the office changed political party affiliation after taking office, the person who is appointed to fill the vacancy shall be of the same political party that the vacating officeholder was when the vacating officeholder was elected or appointed to that office.
A.R.S. § 41-164 — Arizona Code / Title 41 / Chapter 1 / Article 3 / Section 164
41-164 Change of name, address or telephone number; cancellation of  certification
Status: in_force

41-164. Change of name, address or telephone number; cancellation of  certification

A. A program participant shall notify the secretary of state within thirty days after the program participant has obtained a legal name change by providing the secretary of state a certified copy of any judgment or order evidencing the change or any other documentation the secretary of state deems to be sufficient evidence of the name change.

B. A program participant shall notify the secretary of state of a change in address or telephone number from the address or telephone number listed for the program participant on the application pursuant to section 41-163, subsection C no later than seven days after the change occurs.

C. The certification of a program participant shall be canceled under any of the following circumstances:

1. The program participant files a request for withdrawal of the certification pursuant to section 41-163, subsection E.

2. The program participant fails to notify the secretary of state of a change in the program participant's name, address or telephone number listed on the application pursuant to this section.

3. The program participant or parent or guardian who completes an application on behalf of an applicant knowingly submitted false information in the program application.

4. Mail forwarded to the program participant by the secretary of state is returned as undeliverable.

D. If the secretary of state determines that there is one or more grounds for canceling certification of a program participant pursuant to subsection C of this section, the secretary of state shall send notice of cancellation to the program participant.  The notice of cancellation shall set forth the reasons for cancellation.  The program participant has thirty days to appeal the cancellation decision under rules adopted by the secretary of state.

E. An individual who ceases to be a program participant is responsible for notifying any person, state or local government entity or business that uses the substitute address that the designated substitute address is no longer valid.
A.R.S. § 41-1724 — Arizona Code / Title 41 / Chapter 12 / Article 2 / Section 1724
41-1724 Gang and immigration intelligence team enforcement mission fund; subaccount; use of monies; reporting requirements
Status: in_force

41-1724. Gang and immigration intelligence team enforcement mission fund; subaccount; use of monies; reporting requirements

A. The gang and immigration intelligence team enforcement mission fund is established consisting of monies deposited pursuant to section 11-1051 and monies appropriated by the legislature.  The department shall administer the fund. Any monies distributed from the fund to a county sheriff shall go directly to the county sheriff and are not subject to any form of approval by the board of supervisors. Monies in the fund are subject to legislative appropriation.

B. Monies in the fund shall be used for employer sanctions enforcement, enforcing human smuggling and drug smuggling laws, gang and strict immigration enforcement, county jail reimbursement costs relating to illegal immigration and any other use previously authorized in an allocation made by law for the gang and immigration intelligence team enforcement mission.

C. Each year that monies are available in the fund and as soon as is practicable after July 1 of each year, the first $500,000 shall be allocated to a county sheriff of a county with a population of less than five hundred thousand persons but more than three hundred thousand persons and any remaining monies shall be used for agreements or contracts in accordance with subsection D of this section, except that no monies may be used for agreements or contracts with a county sheriff of a county with a population of more than three million persons.

D. If the department uses monies from the fund for an agreement or contract with a city, town, county or other entity to provide services for the gang and immigration intelligence team enforcement mission, the city, town, county or other entity shall provide not less than twenty-five percent of the cost of the services and the department shall provide not more than seventy-five percent of personal services and employee related expenditures for each agreement or contract but may fund all capital related equipment. This subsection does not apply to a county with a population of less than five hundred thousand persons but more than three hundred thousand persons.

E. The gang and immigration intelligence team enforcement mission border security and law enforcement subaccount is established consisting of monies deposited pursuant to section 12-116.04 and monies appropriated by the legislature. The department shall administer the subaccount. Any monies distributed from the subaccount to a county sheriff shall go directly to the county sheriff and are not subject to any form of approval by the board of supervisors. Monies in the subaccount are subject to legislative appropriation. All appropriated monies in the subaccount shall be distributed each fiscal year to local entities and no monies may be retained by the department for its own use. The monies in the subaccount shall be used for law enforcement purposes related to border security, including border personnel, and for safety equipment that is worn or used by a peace officer who is employed by a county sheriff.

F. A law enforcement agency shall not receive any monies from the fund unless the law enforcement agency certifies each fiscal year in writing to the director of the department of public safety that the law enforcement agency is complying with section 11-1051 to the fullest extent allowed by law.

G. The department shall submit an expenditure plan to the joint legislative budget committee for review before expending any monies not identified in the department's previous expenditure plans.  Within thirty days after the last day of each calendar quarter, the department shall provide a summary of quarterly and year-to-date expenditures and progress to the joint legislative budget committee, including any prior year appropriations that were nonlapsing.

H. Before the department spends any monies appropriated in the general appropriations act each fiscal year from the gang and immigration intelligence team enforcement mission border security and law enforcement subaccount established by subsection E of this section, the department shall submit the subaccount's entire expenditure plan to the joint legislative budget committee for review.
A.R.S. § 41-2201 — Arizona Code / Title 41 / Chapter 17 / Article 1 / Section 2201
41-2201 Definitions
Status: in_force

41-2201. Definitions

In this article, unless the context otherwise requires:

1. "Component information system" means an independent information system that serves one or more criminal justice agencies and that may participate in the Arizona criminal justice information system.

2. "Criminal history record information" has the same meaning prescribed in section 41-1750.

3. "Criminal justice agency" has the same meaning prescribed in section 41-1750.

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

5. "Manager" means the Arizona criminal justice information system manager.

6. "System" means the Arizona criminal justice information system as defined in section 41-1750.
A.R.S. § 41-2104 — Arizona Code / Title 41 / Chapter 16 / Article 1 / Section 2104
41-2104 Permitting dashboard; permitting timetable
Status: in_force

41-2104. Permitting dashboard; permitting timetable

(L21, Ch. 405, sec. 31.  Rpld. 1/1/29)

A. The director shall establish and maintain an online database to be known as the permitting dashboard that displays the progress to completion for state authorizations for participating projects. The permitting dashboard must include a visual interface that tracks the status of each authorization required for participating projects.

B. The director shall coordinate with the department of environmental quality, department of transportation, state land department, department of water resources, Arizona commerce authority, Arizona game and fish department and state historic preservation office and any other agency that requires authorization for a participating project.

C. For each participating project that is added to the permitting dashboard, the director may display on the permitting dashboard, to the extent consistent with applicable law, all of the following:

1. The notice submitted under section 41-2103, subsection A.

2. The application and supporting documents, if applicable, that the project sponsor has submitted for any required authorization or a notice explaining how the public may obtain access to the documents if the documents are not available on the website.

3. A description of any decision made that materially affects the status of a participating project.

4. A list of roles and responsibilities for all entities with authorization responsibility for the participating project.

5. A permitting timetable that sets forth a comprehensive schedule of dates by which all authorizations and, to the maximum extent practicable, state permits, reviews and approvals will be made.

6. The completion status of the authorization included in the permitting timetable.
A.R.S. § 41-511.20 — Arizona Code / Title 41 / Chapter 3 / Article 1.1 / Section 511.20
41-511.20 Authorized emergency use of water from Lake Patagonia by city of Nogales
Status: in_force

41-511.20. Authorized emergency use of water from Lake Patagonia by city of Nogales

A. Notwithstanding any provision of law to the contrary, whenever an emergency exists, as determined by the mayor of the city of Nogales, Arizona, and concurred in by the director of water resources, that there is not sufficient water for use by such city and that there is no other water available from any other practical source, then the state parks board shall, upon request by such mayor, authorize such city to remove from Lake Patagonia such amount of water as needed to supply the city with sufficient water. The city of Nogales shall provide the means for transferring such water.

B. The director of water resources shall assess a fee to the city of Nogales for the use of such water based upon the value of the water. Such fee shall be paid by the city to the state parks board Lake Patagonia account.
A.R.S. § 41-2513 — Arizona Code / Title 41 / Chapter 23 / Article 2 / Section 2513
41-2513 Authority to contract for certain services
Status: in_force

41-2513. Authority to contract for certain services

A. For the purpose of procuring the services of clergy, certified public accountants, legal counsel pursuant to section 41-192, subsection D, physicians or dentists as defined by the laws of this state, any state governmental unit may act as a purchasing agency and contract on its own behalf for such services, subject to this chapter and rules adopted by the director.

B. In accordance with section 41-192, subsection D and notwithstanding any contrary statute, no contract for the services of legal counsel may be awarded without the approval of the attorney general.

C. The auditor general shall approve state agency contracting for financial and compliance auditing services except if specific statutory authority is otherwise provided.  The auditor general shall ensure that such contract audits are conducted in accordance with generally accepted governmental auditing standards.  An audit shall not be accepted until it has been approved by the auditor general.

D. The department may approve all information technology purchases exceeding twenty-five thousand dollars for a budget unit as defined in section 18-101.  Purchases shall not be artificially divided to avoid review.

E. Payment for any services, including those services described in subsections A, B and C of this section, procured under this chapter shall not be made unless pursuant to a fully approved written contract.
A.R.S. § 41-1383 — Arizona Code / Title 41 / Chapter 8 / Article 5 / Section 1383
41-1383 Violation; classification
Status: in_force

41-1383. Violation; classification

A person who knowingly hinders the lawful actions of the ombudsman-citizens aide or the staff of the ombudsman-citizens aide or who knowingly refuses to comply with their lawful demands is guilty of a class 1 misdemeanor.
A.R.S. § 41-1715 — Arizona Code / Title 41 / Chapter 12 / Article 2 / Section 1715
41-1715 Department of public safety reserve
Status: in_force

41-1715. Department of public safety reserve

The director may provide for a volunteer organization to be known as the department of public safety reserve, which organization shall consist of United States citizens who are residents of the state of Arizona and who shall render auxiliary support, without compensation, to the department as the director may prescribe. This organization may consist of volunteers who are peace officers and volunteers who are not peace officers.
A.R.S. § 41-1105 — Arizona Code / Title 41 / Chapter 7 / Article 1 / Section 1105
41-1105 Monies for promotion of state interests and public service; procedures; uses
Status: in_force

41-1105. Monies for promotion of state interests and public service; procedures; uses

A. The governor or either presiding officer of the legislature may accept and expend public or private gifts, grants, donations or monies for the purpose of promoting the interests of the state or to promote and encourage citizen public service to the state.

B. All monies received pursuant to subsection A of this section shall be deposited, pursuant to sections 35-146 and 35-147, and held and retained in separate state promotional fund accounts according to the specified source and purpose of the fund. Public and private monies shall not be commingled in any fund account.

C. The department of administration shall issue warrants for disbursements from any account established pursuant to this section on receipt of vouchers properly establishing the nature of the disbursement and on the signature of the person authorized to approve expenditures from the fund pursuant to section 35-149, subsection A, paragraph 4. The department of administration shall issue the warrants for disbursements from any account established pursuant to this section containing private monies without regard to any other restrictions or limits placed on expenditures of public monies by any other provision of law.

D. The person authorized pursuant to section 35-149, subsection A, paragraph 4 shall approve expenditures from accounts established pursuant to this section only to the extent that the expenditures are consistent with any terms and conditions under which the monies were received and for a purpose authorized by subsection A of this section.

E. Annually before January 1, the person authorized pursuant to section 35-149, subsection A, paragraph 4 shall prepare a written report to the governor and the legislature that includes a detailed listing naming the contributors to the accounts established pursuant to this section and a detailed listing of expenditures from the accounts established by this section. The report shall be considered a public record.