reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1113 - Procedures required to organize an authority

40-1113.
Procedures required to organize an authority
A. A metropolitan public transit authority shall be organized and incorporated in the following manner:
1. The governing body of a municipality or county or the governing bodies of more than one municipality or county may pass an ordinance or ordinances declaring that the public convenience and necessity require the incorporation of a metropolitan public transit authority. Such ordinance shall state that it is proposed to incorporate the authority under the provisions of this article and shall include the name of the municipalities or counties,  the area or portion of whose area is to be included within the operating area of the authority and a description of the unincorporated area of the county to be included within operating area of the authority. The ordinance shall have no force and effect unless the proposed contracting municipalities and counties described in such ordinance and qualified to participate shall have approved participation by ordinance or resolution similarly worded.
2. The articles of incorporation of a metropolitan public transit authority shall set forth:
(a) The name or names of the originating municipalities or counties.
(b) The name of the metropolitan public transit authority and the area to be served by such authority.
(c) A statement that permission to organize the authority has been granted by resolution duly adopted by the governing body of the initiating municipalities or counties the area or a portion of the area of which is to be included and the date of adoption of such resolution.
B. The articles of incorporation of an authority,  any deeds or other documents by which properties are conveyed to the authority,  and any mortgages executed by the authority shall be filed for record with the secretary of state.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1114 - Authority subject to law and regulations; nonprofit status

40-1114.
Authority subject to law and regulations;  nonprofit status
A. An authority shall be subject,  in the operation of its transportation facilities and equipment,  to the laws and regulations of the state of Arizona and of the applicable municipalities relating to traffic and operation of vehicles on the streets and highways of the state and of the municipalities.
B. The corporation shall be a nonprofit enterprise,  and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual,  firm or corporation.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1115 - Inclusion of additional areas

40-1115.
Inclusion of additional areas
Additional areas may be included within the boundaries of the authority and become a part of such authority. If a petition for the inclusion of additional territory signed by at least fifty-one per cent of the qualified electors who reside within the limits of the additional territory is filed with the authority,  such additional territory may be included in the authority by resolution of the board. Whenever any area shall be annexed or consolidated with a municipality which is a part of and otherwise completely within the boundaries of the authority organized as provided by this article,  such annexed or consolidated area shall,  by virtue of its annexation or consolidation to such municipality,  become and be a part of the authority.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1116 - Judicial review of action of municipality or county

40-1116.
Judicial review of action of municipality or county
A party aggrieved by the act of a municipality or county in forming a metropolitan transit authority may,  not later than twenty days after passage of the ordinance to incorporate the authority,  bring an action in superior court in the county in which the authority is formed to set aside the action of the municipality or county.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1117 - Condemnation privilege

40-1117.
Condemnation privilege
The authority may use the provisions of law relating to eminent domain. No provision for eminent domain given to the authority by this section or by any provision of law may be exercised against property or any franchise of a common carrier of passengers when a territory is being adequately served by such common carrier of passengers under authority of law. Such condemnation proceedings shall only be applicable to property located within the area of the authority.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1118 - Exemption from taxation

40-1118.
Exemption from taxation
A. The title to all property acquired under the provisions of this article shall immediately and by operation of law vest in such transit authority,  in its corporate name,  and is dedicated and set apart for the uses and purposes set forth in this article,  and shall be exempt from all taxation,  including sales,  gross receipts,  motor vehicle registration fees,  and any use taxes,  provided the authority shall not be authorized to acquire title to any property other than property used for transportation purposes or directly connected therewith.
B. Bonds issued pursuant to article 4 of this chapter,  their transfer and income therefrom shall at all times be free from taxation within the state.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1123 - Officers and employees of authority

40-1123.
Officers and employees of authority
A. Officers of an authority may consist of the board of directors,  and a general manager,  a general counsel,  a treasurer and a comptroller,  as may be appointed by the board of directors to serve at the pleasure of the board. All other officers,  deputies and employees shall be appointed by the board or its designee.
B. The oath of office of all officers appointed by the board of directors or by the general manager of the authority shall be taken,  subscribed,  and filed with the secretary of the authority any time after the officer has notice of his appointment but not later than fifteen days after the commencement of his term of office. No other filing shall be required.
C. The general manager shall serve full time.
D. The general counsel shall be a person admitted to practice law in the state of Arizona and shall have been engaged in the practice of law for not less than seven years next preceding his appointment.
E. The person appointed comptroller shall have been actively engaged in the practice of accounting for not less than three years next preceding his appointment.
F. The treasurer shall be the custodian of the funds of the authority and shall make payments only upon warrants duly and regularly signed by the president or vice president of the board or other person authorized by the board so to do,  and by the secretary or general manager. The treasurer shall keep an account of all receipts and disbursements. The treasurer shall furnish,  at the expense of the originating political subdivision or subdivisions,  a bond in the amount of fifty thousand dollars. The bond shall be conditioned upon the proper discharge of the powers and duties by the treasurer in accordance with the provisions of this article. The bond shall be approved by the attorney general and the board of directors of the authority and kept on file in the office of the board of directors.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1125 - Cooperation with state or other agencies

40-1125.
Cooperation with state or other agencies
An authority may cooperate with and enter into agreements with the state of Arizona or any public agency for the acquisition,  construction,  improvement,  completion,  maintenance,  operation or repair,  joint or otherwise,  and in whole or in part,  of public transportation facilities and equipment,  and for study and planning thereof. In connection with any such cooperation or contract,  the state or any public agency may make public contributions to the authority as in the judgment of the legislature,  or the governing board of the agency,  are necessary or proper for its undertaking,  and the authority may reimburse the state or public agency for any such advance or contribution from the proceeds of the sale of bonds or any other funds available to the authority. The state or any public agency may also authorize,  aid and assist the authority to carry out any activity which the state or public agency is by law authorized to perform and carry out in its own behalf.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1126 - Cooperation with federal government

40-1126.
Cooperation with federal government
An authority may contract for and cooperate with and may accept grants,  contributions,  or loans directly through the sale of securities or equipment,  trust certificates,  or otherwise,  from the United States,  or any department,  instrumentality,  or agency thereof,  for the purpose of financing the acquisition,  construction,  improvement,  maintenance and operation of transportation facilities and equipment or for the study and planning thereof,  in accordance with any legislation which Congress may have heretofore adopted or may hereafter adopt,  under which aid,  assistance and cooperation may be furnished by the United States in the acquisition,  construction,  improvement,  maintenance and operation or in the financing of the acquisition,  construction,  improvement,  maintenance and operation of any such transit facility or equipment. An authority,  in dealing with the federal government or agencies thereof,  may waive any privilege or immunity if such action is deemed in the best interest of the authority.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1127 - Rates and charges

40-1127.
Rates and charges
The rates and charges for service furnished pursuant to this article shall be determined by vote of the majority of all of the members of the board. Such rates shall be reasonable,  and,  insofar as is practical,  the revenue derived therefrom shall be sufficient to pay,  in the following priority:
1. Interest and principal of the bonds,  subject to the applicable provisions of this chapter authorizing issuance and retirement of bonds.
2. Operating expenses of the authority.
3. Repairs,  maintenance and depreciation of works and property owned or operated by the authority.
4. Amounts necessary for the purchase,  lease,  or acquisition of property and equipment.
5. Amounts necessary for the payment of contracts,  agreements,  leases and other legal liabilities entered into by the authority.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1128 - Dissolution of authority

40-1128.
Dissolution of authority
Whenever the board of directors of an authority,  by resolution,  determines that the purposes for which the authority was formed have been substantially complied with,  that the need for the authority has terminated,  and that all obligations incurred by the authority have been fully paid,  the members of the board of directors of the authority shall,  upon concurrence by resolution of the governing body creating the authority,  thereupon dissolve the authority in accordance with provisions of title 10. A certificate of dissolution of the authority shall be filed for record with the secretary of state. Upon dissolution all property and funds of the authority shall revert to and be the property of the creating political subdivision or subdivisions in the proportion that the population of each contracting political subdivision bears to the total population of the area of the authority.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1131 - Bonds

40-1131.
Bonds
A. For the purpose of acquiring,  improving,  enlarging or extending a transit system,  the authority may issue self-liquidating revenue bonds. Bonds issued under this article shall be authorized by resolution of the board and may be issued in one or more series and shall bear the date of their issuance,  mature at such time or times during a period of not to exceed thirty years from date of issuance,  be in such denomination or denominations and in the form,  coupon,  registered,  or registered as to principal only,  carry the conversion or registration privileges,  have the rank or priority,  be executed in the manner,  payable in the medium of payment,  at the place or places and subject to the terms of redemption,  with or without premium,  as the resolution may provide,  the total principle amount of all such bonds of the authority shall not exceed at any time the sum of two million dollars. Notwithstanding any provisions of law to the contrary,  bonds issued pursuant to this section are negotiable.
B. The bonds shall provide that:
1. No holder may compel the authority or any municipality the area or a portion of the area of which is included in the operating area thereof to exercise its ad valorem taxing power.
2. The bond does not constitute a debt of the authority and is payable only from revenues from the operation of the authority and its equipment and facilities.
C. The bonds may be sold at public or private sale,  at not less than the par value thereof with all accrued interest to date of delivery. In the event such bonds are sold at public sale,  the board shall call for bids by publishing a notice inviting proposals for the purchase of the bonds at least once a week for two successive weeks prior to the date fixed for sale of the bonds,  in a daily or weekly newspaper,  published and of general circulation in the involved county and designated for such purpose,  which notice shall be in the form the board shall prescribe. Pending preparation of the definitive bonds,  interim receipts or certificates may be issued to the purchaser of the bonds in the form and containing the provisions determined by the board.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1132 - Power to secure bonds; reimbursement for advance

40-1132.
Power to secure bonds;  reimbursement for advance
A. The board,  in connection with the issuance of bonds and in order to secure the payment of the bonds and the interest thereon,  shall have power by resolution:
1. To fix and maintain fees and other charges on equipment and facilities of or operated on behalf of the authority.
2. To provide that the bonds issued hereunder may be secured by a first and exclusive lien on the income and revenues derived from,  and shall be payable from fees,  and other charges on equipment and facilities of or operated on behalf of the authority as provided in paragraph 1.
3. To pledge and assign to or in trust for the benefit of the holder or the holders of bonds any part of the metropolitan public transit authority revenues as will be necessary to pay the principal of and interest on the bonds as the same become due.
4. To covenant with or for the benefit of the holder or holders of bonds issued hereunder,  that so long as any of the bonds remain outstanding and unpaid,  the board will prescribe fees and other charges on equipment and facilities of or operated on behalf of the authority and will revise the same when necessary so that the project for which the bonds are issued shall be self-supporting.
B. An authority may reimburse the state or a public agency for any advance or contribution from the proceeds of the sale of bonds or any other funds available to the authority as provided for in section 40-1125.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1133 - Provision of bond resolution; covenants

40-1133.
Provision of bond resolution;  covenants
A. A resolution pertaining to issuance of bonds under this article may contain covenants as to:
1. The purpose to which the proceeds of sale of the bonds may be applied and to the use and disposition thereof.
2. The use and disposition of the revenues of the project for which the bonds are to be issued.
3. The issuance of other or additional bonds,  payable from the revenue received from the operation of the authority and its equipment and facilities.
4. The operation and maintenance of the authority and its equipment and facilities.
5. The insurance to be carried thereon and the use and disposition of insurance monies.
6. The use of capitalized interest,  reserve and sinking funds and any other funds as the authority deems necessary to the proper handling of authority monies.
7. Books of account and the inspection and audit thereof.
8. The terms and conditions upon which the holders of the bonds,  or any proportion of them,  or a trustee therefor,  shall be entitled to the appointment of a receiver,  who may enter and take possession of the authority's records,  equipment and facilities,  operate and maintain it,  prescribe charges,  fees and rentals and collect,  receive and apply all revenues therefrom thereafter arising in the same manner as the board itself might do,  until such time as the terms and conditions of the bonds are satisfied,  at which time the receiver shall return possession of the authority and its equipment and facilities to the board.
B. The provisions of this article and any such resolution shall be deemed a contract with the holders of the bonds,  and the duties of the board under this article and resolution shall be enforceable by mandamus or other appropriate action in a court of competent jurisdiction.
C. Neither the members of the board nor any person executing the bonds shall be personally liable for the payment of the bonds.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1134 - Validity of bonds

40-1134.
Validity of bonds
A. Bonds issued under this article and bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations,  notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to be officers of the board.
B. The validity of the bonds shall not be dependent on or affected by the validity or regularity of any proceedings relating to the construction,  acquisition,  improvement,  reconstruction or extension of the facilities of the authority from the proceeds of the sale of the bonds or the proceedings taken in connection therewith.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1135 - Prior lien of bonds

40-1135.
Prior lien of bonds
A. Except as otherwise provided in the resolution authorizing the bonds,  all bonds of the same issue under this article shall have a prior and paramount lien on the revenues of the authority and its equipment and facilities for which the bonds have been issued over and ahead of bonds of an issue payable from that revenue which may be subsequently authorized,  and over and ahead of claims or other obligations of any nature against that revenue subsequently arising or subsequently incurred.
B. Bonds of the same issue issued under this article shall be equally and ratably secured,  without priority by reason of number,  date,  sale,  execution or delivery,  by a lien on the revenue in accordance with the terms of the resolution authorizing the bonds.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1136 - Bond obligations of the metropolitan public transit authority

40-1136.
Bond obligations of the metropolitan public transit authority
All bonds issued pursuant to this article shall be obligations of the authority issuing such bonds,  and payable only in accordance with the terms thereof and shall not be obligations general,  special or otherwise of the state of Arizona or any county or municipality thereof. Such bonds shall not constitute a legal debt of the state of Arizona or any county or municipality thereof,  and shall not be enforceable out of any funds of the authority other than the income and revenue pledged and assigned to,  or in trust for the benefit of,  the holder or holders of such bonds.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1137 - Bonds as legal investments

40-1137.
Bonds as legal investments
Bonds issued under the provisions of this article are made securities in which all public officers and bodies of the state and all municipalities and political subdivisions of this state,  all insurance companies and associations and other persons carrying on an insurance business,  all banks,  bankers,  trust companies,  savings banks and savings associations,  including savings and loan associations,  building and loan associations,  investment companies and other persons carrying on a banking business,  all administrators,  guardians,  executors,  trustees and other fiduciaries and all other persons whomever are now or may hereafter be authorized to invest in bonds or other obligations of the state,  may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and may be received by all public officers and bodies of the state and all municipalities and political subdivisions of this state for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1138 - Limitation on indebtedness

40-1138.
Limitation on indebtedness
An authority shall not incur an indebtedness which exceeds one million dollars. As used in this section,  " indebtedness"  includes,  without limitation,  any and all forms thereof which an authority is authorized to incur by this article or by any other law.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1139 - Annual financial statement of authority; estimate of expenses; notice of hearing on estimate

40-1139.
Annual financial statement of authority;  estimate of expenses;  notice of hearing on estimate
A. The board of directors of each metropolitan public transit authority,  on or before the third Monday in July each year,  shall prepare a full and complete statement of the financial affairs for the preceding fiscal year and an estimate of the different amounts which will be required to meet the expense for the current fiscal year. The estimate shall include an estimate of the amount of money required for each item of expenditure necessary for authority purposes,  the amounts necessary to pay the interest and principal of outstanding bonds,  the items and amounts of levy provided by law and an amount for unanticipated contingencies or emergencies.
B. The estimate shall be entered upon the minutes of the board and shall be fully itemized showing under separate heads the following:
1. The amounts estimated as required for each department,  office or official,  for each improvement,  for the maintenance of structures and institutions and for the salaries of officers.
2. The separate amounts proposed for construction,  maintenance,  engineering and administration of the facilities of the authority.
3. A full and complete disclosure and statement of the contemplated expenditures for the ensuing year,  showing the amount proposed to be expended from each separate fund and the total amount of proposed expense.
C. The estimate shall also contain:
1. A statement of the receipts for the previous year from sources other than direct property taxes.
2. The amounts estimated to be received during the current fiscal year from sources other than direct property taxes.
3. The amounts actually levied and the amounts actually collected for authority purposes upon the tax rolls of the previous fiscal year.
4. The amount proposed to be raised by direct property taxation for the current fiscal year.
D. The estimate required by this section shall be published with a notice that the board will hold a hearing on such estimate for the purposes provided in section 40-1140. Such publication shall be once a week for at least two consecutive weeks in the official newspaper of the county,  if there is one,  and if not,  in a newspaper of general circulation therein.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1140 - Hearing on estimates; adoption of proposed budget

40-1140.
Hearing on estimates;  adoption of proposed budget
A. The board of directors of each metropolitan public transit authority shall meet on the day designated in the notice provided by subsection D of section 40-1139,  and any taxpayer may appear and be heard in favor of or against any proposed expenditure or tax levy.
B. When the hearing is concluded,  the governing board shall determine and adopt estimates of proposed expenditures for the various purposes set forth in the published proposal and such adopted estimates shall constitute the budget of the authority for the current fiscal year.
C. The total amounts in the budget proposed for expenditure shall not exceed the total of amounts proposed for expenditure in the published estimates.
D. No expenditures shall be made for a purpose not included in such budget,  and no expenditure shall be made,  nor debt,  obligation or liability incurred or created in any fiscal year in excess of the amount specified for each purpose in the budget for such fiscal year as adopted.
E. The board of directors shall file,  in writing,  with the board of supervisors its estimate of the amount of money required by the authority for the ensuing year. If the board of directors determines that the estimated amount to be received from the anticipated revenue of the authority will not produce the amount of money budgeted the board of directors shall include with the estimate the additional amount needed for the authority and shall certify such amount to the board of supervisors at the time of filing the estimate.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1141 - Metropolitan public transit authority levy

40-1141.
Metropolitan public transit authority levy
The board of supervisors of each county where a metropolitan public transit authority has been established shall annually,  at the time of levying other taxes,  levy a metropolitan public transit authority tax on the property in the area of a public transit authority in which an additional amount is required,  as determined by the authority pursuant to section 40-1140. The tax shall be at a rate sufficient to provide the additional amount. The tax shall be added to and collected in the same manner as other county taxes on the property within the area of the authority. The amount of the metropolitan public transit authority tax levied upon the property in the area of a particular authority shall be paid to the treasurer of such authority.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1142 - Investment of funds by board

40-1142.
Investment of funds by board
The board may,  by resolution,  order that any of the monies in the funds under its control which are not necessary for current operating expenses be invested in any obligation,  bonds or securities in which a city or county could invest such funds,  provided that:
1. Any such investment shall be made in such a manner that the monies in such funds will be available at the times and in the amounts necessary to accomplish the purpose for which such funds were established.
2. No such investment shall be made in contravention of any provision or covenant in any proceedings for the authorization and issuance of bonds,  notes,  contracts or other evidences of indebtedness.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1143 - Bids required by board; exception

40-1143.
Bids required by board;  exception
The purchase of all supplies,  equipment and materials,  and construction facilities and works,  when the expenditure required exceeds two thousand five hundred dollars shall be by contract let to the lowest responsible bidder. Notice requesting bids shall be published in a newspaper of general circulation in the area at least once and not less than ten days prior to expiration of the period within which bids shall be received. The board may reject any and all bids and readvertise at its discretion. If,  after rejecting bids,  the board determines and declares by vote of two-thirds of all its members that in its opinion supplies,  equipment and materials may be purchased at a lower price on the open market,  the board may proceed to purchase the same in the open market without further observances of the provisions requiring contracts,  bids or notice. Contracts,  in writing or otherwise,  may be let without advertising for or inviting bids when any repairs,  alterations or other work or for the purchase of materials,  supplies,  equipment or other property shall be deemed by the board of directors to be of urgent necessity,  and shall be authorized by a two-thirds vote of the entire board membership.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1144 - Claims against the authority

40-1144.
Claims against the authority
Every claim against an authority for damages or injuries alleged to have been caused by the negligent act or omission of the authority shall be presented to the board in writing within fifteen days after the happening of such injury,  or damage,  signed by the claimant or some person duly authorized to sign for same,  and properly verified,  stating the time and place at which the injury or damage occurred and a general statement of the cause or circumstances of the death,  injury or damages. No action shall be commenced to recover for such death,  injury or damages until thirty days after such presentation or unless the board shall sooner deny such claim.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1146 - Certification of bonds and approval of contracts by attorney general

40-1146.
Certification of bonds and approval of contracts by attorney general
A. The board may submit to the attorney general of this state any bonds to be issued under this article after all proceedings for the authorization of such bonds have been taken. Upon the submission of such proceedings to the attorney general,  the attorney general shall examine into and pass upon the validity of such bonds and the regularity of all proceedings in connection therewith. If such proceedings conform to the provisions of this article,  and it is determined that such bonds when delivered and paid for will constitute binding and legal obligations of the authority enforceable according to the terms thereof,  the attorney general shall certify in substance upon the back of each of such bonds that it is issued in accordance with the Constitution and laws of the state of Arizona.
B. All agreements for the purpose of carrying out the provisions of this article shall be subject to the approval of the attorney general as to form and content.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1147 - Supplemental law

40-1147.
Supplemental law
The powers conferred by articles 2,  3 and 4 of this chapter shall be in addition to and supplemental to the powers conferred by any other law,  general or special. Articles 2,  3 and 4 of this chapter shall,  without reference to any other provision in this title,  or to any other law,  general or special,  be deemed full authority for the acquisition of property for future public transit needs under articles 2,  3 and 4 of this chapter,  for entering into contracts in connection therewith,  and for the authorization,  issuance and sale of the bonds pursuant to article 4 of this chapter and without regard to the procedure required by any other such law.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1151 - Definition

40-1151.
Definition
For the purposes of this article,  " public transportation services"  means the local transportation of passengers and their incidental baggage by means of a public conveyance,  including personalized public transit,  jitney buses or conveyances,  commuter buses,  other such systems and excluding sightseeing buses and taxi services.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1201 - Definitions

40-1201.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Commission"  means the Arizona corporation commission.
2. " Contractor"  means any person who undertakes to or offers to undertake to or purports to have the capacity to undertake to or submits a bid to,  or does himself or by or through others,  construct,  alter,  repair,  add to,  subtract from,  improve,  move,  wreck or demolish any building,  highway,  road,  parking facility,  railroad,  excavation or other structure,  project,  development or improvement,  or to do any part thereof,  including the erection of scaffolding or other structures or works in connection therewith. The term " contractor"  includes subcontractor and specialty contractor.
3. " Distributor"  means any individual,  partnership,  corporation,  association or other legal relationship which stands between the manufacturer and the retail seller in purchases,  consignments or contracts for sale of consumer goods.
4. " Gas appliance"  means any new residential-type furnace,  air conditioner,  heater,  refrigerator,  stove,  range,  dishwasher,  dryer,  decorative fireplace log or other similar device,  except a water heater,  which uses a gaseous fuel for operation and is automatically ignited.
5. " Intermittent ignition device"  means an ignition device which is actuated only when the gas appliance is in operation.
6. " Manufacturer"  means any individual,  partnership,  corporation,  association or other legal relationship which manufactures,  assembles,  produces or gathers consumer goods.
7. " Person"  means any individual,  partnership,  corporation,  association,  manufacturer,  distributor,  retailer,  contractor,  builder,  or other group,  however organized,  who sells or causes to be distributed or installed,  any new gas appliance.
8. " Pilot light"  means any gas operated device that remains continually operated or lighted in order to ignite a gas appliance to begin normal operation.
9. " Retail seller" ,  " retail outlets" ,  " seller" ,  or " retailer"  means any individual,  partnership,  corporation,  association,  or other legal relationship which engages in the business of selling new goods to retail buyers.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1202 - Power of commission to prohibit sale or installation of gas appliances equipped with pilot lights; exemption

40-1202.
Power of commission to prohibit sale or installation of gas appliances equipped with pilot lights;  exemption
A. No new residential-type gas appliance that is equipped with a pilot light shall be sold or installed in the state after an alternate means has been certified by the commission. This prohibition shall become operative twenty-four months after intermittent ignition devices have been demonstrated and certified by the commission as an alternate means. The commission may determine,  after demonstration,  that there is no feasible alternate means to the use of a pilot light or that the use of a pilot light is necessary for public health and safety.
B. The provisions of this article shall not apply to consumers of propane,  butane or other similar bottled gas,  nor shall they apply to persons without the boundaries of any electric utility corporation service area.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1203 - Establishment of specifications for certification of intermittent ignition devices

40-1203.
Establishment of specifications for certification of intermittent ignition devices
The commission shall,  on or before January 1,  1978,  develop in cooperation with affected industry and consumer representatives,  who will be designated as such representatives by the commission,  the specifications for certification of intermittent ignition devices which shall not significantly affect the price of gas appliances in competition with similar electrical appliances. The specifications shall be developed so as to result in the conservation of primary energy resources,  shall include provisions necessary for public health and safety,  and shall give due consideration to the initial costs,  including installation and maintenance costs imposed upon the consumer.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1204 - Duty of commission to notify affected manufacturers

40-1204.
Duty of commission to notify affected manufacturers
The commission shall notify all gas appliance manufacturers doing business in the state within ninety days after one or more intermittent ignition devices have been certified by the commission,  as to the prohibition of affected pilot lights and shall inform the manufacturers of the devices available to comply with this article.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1205 - Creation and distribution of seal of certification; prohibition on sale, distribution, or installation without seal

40-1205.
Creation and distribution of seal of certification;  prohibition on sale,  distribution,  or installation without seal
A. The commission shall create a seal of certification and shall distribute the seal to every manufacturer that complies with this article. The seal shall be affixed to every new appliance sold in the state.
B. No person shall cause to be distributed,  sold or installed in this state twenty-four months after an intermittent ignition device has been certified by the commission,  any new gas appliances without obtaining the proper seal of certification from the commission,  unless the commission otherwise permits such action.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1206 - Injunction; parties

40-1206.
Injunction;  parties
A. Any person who violates or proposes to violate this chapter may be enjoined by any court of competent jurisdiction. The court may make such orders or judgments,  including the appointment of a receiver,  as may be necessary to prevent the use or employment by any person of any practices which violate this chapter,  or which may be necessary to restore to any person in interest any money or property,  real or personal,  which may have been acquired by means of any practice which violates any provision of this chapter.
B. Actions for injunction under this section may be prosecuted by the attorney general or any county attorney or city attorney in this state in the name of the people of the state upon their own complaint or upon the complaint of any board,  officer,  person,  corporation or association or by any person acting for the interests of itself,  its members or the general public.
2023 Arizona Revised Statutes › Title 40 - Public Utilities and Carriers › § 40-1207 - Failure to comply with chapter; penalty

40-1207.
Failure to comply with chapter;  penalty
A. Any person who violates any provision of this chapter shall be liable for a civil penalty not to exceed three hundred dollars for each violation,  which shall be assessed and recovered in a civil action brought in the name of the people of the state by the attorney general or by any county attorney,  or city attorney in any court of competent jurisdiction.
B. If civil action is brought by any unit of government and the defendant is proven innocent,  the defendant shall be given the right to reclaim all court costs and attorney fees from the complaining unit of government.
C. Civil penalties recovered pursuant to this section shall be deposited,  pursuant to sections 35-146 and 35-147,  and used for reimbursement for reasonable expenses incurred by the commission in the investigation and prosecution of the action.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-101.01 - Authority to accept and expend certain funds

41-101.01.
Authority to accept and expend certain funds
A. The governor,  except as otherwise provided by law,  is authorized to accept and expend any grants,  donations,  aids,  or other funds received from the federal government or any agency thereof pursuant to Public Law 88-452,  the economic opportunity act of 1964,  and Public Law 89-136,  the public works and economic development act of 1965,  and any other funds made available to the state through any federal statutes,  and in receiving and expending such funds,  the governor shall be considered the agency of the state for all the purposes provided by this section.
B. The governor's office is designated as this state's recipient of federal stop violence against women act grants. The governor's office shall use monies received from these grants,  subject to federal law.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-101.02 - Authority to enter reciprocal aid agreements

41-101.02.
Authority to enter reciprocal aid agreements
A. The governor may on behalf of the state enter into reciprocal aid agreements or compacts with other states or the federal government,  either on a statewide or local subdivision basis. Such mutual aid arrangements shall be limited to furnishing or exchange of:
1. Police services.
2. Personnel necessary to provide or conduct such services.
3. Such other supplies,  equipment,  facilities,  personnel and services as needed. The agreements may relate to the terms and conditions of mutual aid and to reimbursement of costs and expenses for equipment and supplies,  personnel and similar items for mobile support units and police units.
B. The provisions of subsection A do not affect,  modify,  limit or pertain to powers of the governor provided for by title 26,  chapter 2,  article 1.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-101.03 - State employee travel reduction program; designated state agency; fund

41-101.03.
State employee travel reduction program;  designated state agency;  fund
A. The governor shall designate an appropriate state agency to establish,  administer and operate a travel reduction program for the transportation of state employees between their residences and their place of work. The designated agency shall establish the travel reduction program for the voluntary participation by state employees in any area of this state where a sufficiently large number of state employees reside and where the costs of administering a travel reduction program would not be excessive.
B. There is established the state employee travel reduction fund which consists of monies appropriated by the legislature,  unrestricted private grants,  gifts,  contributions and devises,  federal funds,  and fees. The state agency designated by the governor pursuant to this section shall administer the fund and may disburse monies from the fund only in direct support of the travel reduction program established by this section. Monies in the fund appropriated by the legislature are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-102 - Record required

41-102.
Record required
A. The governor shall keep the following:
1. A record of his official acts.
2. An account of his official expenses and disbursements,  including incidental expenses of his department.
3. A register of all appointments made by him,  with date of commission,  names of the appointee and predecessor.
B. All documents received by the governor in his official capacity shall be kept in his office.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-103 - Receipt of military supplies

41-103.
Receipt of military supplies
The governor may in the name of the state receive and receipt for all arms,  ammunition,  accoutrements,  ordnance or military stores to which the state becomes entitled,  and if a bond is required by the United States obligating the state to return them,  or pay therefor,  the governor may sign,  seal and deliver such bonds in the name and on behalf of the state.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-104 - Offer of reward for information leading to apprehension of convict or arrest and conviction of felon; authorization for payment

41-104.
Offer of reward for information leading to apprehension of convict or arrest and conviction of felon;  authorization for payment
A. The governor may offer a reward,  not exceeding ten thousand dollars,  for information leading to the apprehension of a convict who has escaped from the state prison or for information leading to the arrest and conviction of any person or persons who have committed or are charged with commission of a felony.
B. The governor shall certify to the department of administration the name of the person giving the information leading to the arrest,  immediately upon conviction of the person arrested. The governor may,  if the person certified to the department of administration is alleged to have been,  or has admitted to be,  an accomplice,  principal or accessory in such crime,  direct that the reward so offered be reduced to an amount not less than ten dollars. In determining the amount the governor shall take into consideration the value of the information in securing a conviction,  the availability of the information from other sources and the culpability of the person providing the information. Upon certification of the name and the amount the director of the department of administration shall draw his warrant to be paid from the state general fund.
2023 Arizona Revised Statutes › Title 41 - State Government › § 41-105 - Exchange of offenders under treaty; consent by governor

41-105.
Exchange of offenders under treaty;  consent by governor
If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals,  the governor may,  on behalf of this state and subject to the terms of the treaty,  authorize the director of the department of corrections to consent to the transfer or exchange of offenders and take any other action necessary to initiate the participation of this state in the treaty.