reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-12206 - Appropriate forum

14-12206.
Appropriate forum
A. A court of this state that has jurisdiction under section 14-12203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
B. If a court of this state declines to exercise its jurisdiction under subsection A of this section,  it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper,  including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
C. In determining whether it is an appropriate forum,  the court shall consider all relevant factors,  including:
1. Any expressed preference of the respondent.
2. Whether abuse,  neglect or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse,  neglect or exploitation.
3. The length of time the respondent was physically present in or was a legal resident of this state or another state.
4. The distance of the respondent from the court in each state.
5. The financial circumstances of the respondent's estate.
6. The nature and location of the evidence.
7. The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence.
8. The familiarity of the court of each state with the facts and issues in the proceeding.
9. If an appointment were made,  the court's ability to monitor the conduct of the guardian or conservator.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-12207 - Jurisdiction declined by reason of conduct

14-12207.
Jurisdiction declined by reason of conduct
A. If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct,  the court may:
1. Decline to exercise jurisdiction.
2. Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health,  safety and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct,  including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction.
3. Continue to exercise jurisdiction after considering:
(a) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction.
(b) Whether it is a more appropriate forum than the court of any other state under the factors prescribed in section 14-12206,  subsection C.
(c) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards prescribed in section 14-12203.
B. If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct,  it may assess against that party necessary and reasonable expenses,  including attorney fees,  investigative fees,  court costs,  communication expenses,  witness fees and expenses,  and travel expenses. The court may not assess fees,  costs or expenses of any kind against this state or a governmental subdivision,  agency or instrumentality of this state unless authorized by law other than this chapter.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-12208 - Notice of proceeding

14-12208.
Notice of proceeding
If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed,  in addition to complying with the notice requirements of this state,  notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given pursuant to chapter 5 of this title.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-12209 - Proceedings in more than one state

14-12209.
Proceedings in more than one state
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under section 14-12204,  subsection A,  paragraph 1 or 2,  if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn,  the following rules apply:
1. If the court in this state has jurisdiction under section 14-12203,  it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to those prescribed in section 14-12203 before the appointment or issuance of the order.
2. If the court in this state does not have jurisdiction under section 14-12203,  whether at the time the petition is filed or at any time before the appointment or issuance of the order,  the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction,  the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-12301 - Transfer of guardianship or conservatorship to another state

14-12301.
Transfer of guardianship or conservatorship to another state
A. Any interested person may petition the court to transfer the guardianship or conservatorship to another state.
B. On the filing of a petition pursuant to subsection A of this section,  the court in this state shall set a hearing on the petition and the petitioner shall give notice of the hearing to the persons who pursuant to chapter 5 of this title would be entitled to notice of the hearing on a petition for the appointment of a guardian or conservator.
C. On the court's own motion or on the filing of an objection to a petition filed pursuant to subsection B of this section,  the hearing on a petition filed pursuant to subsection A of this section shall be set as an appearance hearing,  otherwise the hearing shall be set as a nonappearance hearing.
D. After the hearing held pursuant to subsection C of this section,  the court in this state shall enter an order authorizing the guardian or another appropriate person to petition for guardianship in the other state if the court in this state finds all of the following:
1. The incapacitated person is physically present in or is reasonably expected to move permanently to the other state.
2. An objection to the transfer has not been made or,  if an objection has been made,  the objector has not established that the transfer would be contrary to the interests of the incapacitated person.
3. Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
E. After the hearing held pursuant to subsection C of this section,  the court in this state shall enter an order authorizing the conservator or another appropriate person to petition for conservatorship in the other state if the court finds all of the following:
1. The protected person is physically present in or is reasonably expected to move permanently to the other state,  or the protected person has a significant connection to the other state considering the factors prescribed in section 14-12201,  subsection B.
2. An objection to the transfer has not been made or,  if an objection has been made,  the objector has not established that the transfer would be contrary to the interests of the protected person.
3. Adequate arrangements will be made for management of the protected person's property.
F. The court shall enter an order confirming the transfer and terminating the guardianship or conservatorship on its receipt of both of the following:
1. A certified copy of the provisional order accepting the proceeding from the court to which the proceeding is to be transferred under provisions that are similar to section 14-12302.
2. The documents required to terminate a guardianship or conservatorship in this state,  including any required accounting for the period of administration before the transfer of jurisdiction.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-12401 - Registration of guardianship orders

14-12401.
Registration of guardianship orders
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state,  the guardian appointed in the other state,  after giving notice to the appointing court of an intent to register,  may register the guardianship order in this state by filing as a foreign judgment in a court,  in any appropriate county of this state,  certified copies of the order and letters of office.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-12402 - Registration of protective orders

14-12402.
Registration of protective orders
If a conservator has been appointed in another state and a petition for a protective order is not pending in this state,  the conservator appointed in the other state,  after giving notice to the appointing court of an intent to register,  may register the protective order in this state by filing as a foreign judgment in a court of this state,  in any county in which property belonging to the protected person is located,  certified copies of the order,  the letters of office and of any then current bond required by the appointing court.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-12403 - Effect of registration

14-12403.
Effect of registration
A. On registration of a guardianship or conservatorship or any other protective order from another state,  the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state,  including maintaining actions and proceedings in this state and,  if the guardian or conservator is not a resident of this state,  subject to any conditions imposed on nonresident parties.
B. A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-12501 - Uniformity of application and construction

14-12501.
Uniformity of application and construction
In applying and construing this chapter,  the courts shall consider the need to promote uniformity of the law with respect to its subject matter among the states that enact the uniform adult guardianship and protective proceedings jurisdiction act.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-12502 - Relation to electronic signatures in global and national commerce act

14-12502.
Relation to electronic signatures in global and national commerce act
This chapter modifies,  limits and supersedes the electronic signatures in global and national commerce act (15 United States Code section 7001,  et sec.) but does not modify,  limit or supersede section 101(c) of that act (15 United States Code section 7001(c)) or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 United States Code section 7003(b)).
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-12503 - Transitional provision

14-12503.
Transitional provision
A. This chapter applies to guardianship and protective proceedings begun on or after the effective date of this chapter.
B. Articles 1,  3 and 4 of this chapter and sections 14-12501 and 14-12502 apply to proceedings begun before the effective date of this chapter regardless of whether a guardianship or protective order has been issued.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-13103 - Applicability

14-13103.
Applicability
A. This chapter applies to all of the following:
1. A fiduciary acting under a will or power of attorney executed before,  on or after August 6,  2016.
2. A personal representative acting for a decedent who died before,  on or after August 6,  2016.
3. A conservatorship proceeding commenced before,  on or after August 6,  2016.
4. A trustee acting under a trust created before,  on or after August 6,  2016.
B. This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user's death.
C. This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-13104 - User direction for disclosure of digital assets

14-13104.
User direction for disclosure of digital assets
A. A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets,  including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times,  a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will,  trust,  power of attorney or other record.
B. If a user has not used an online tool to give direction under subsection A of this section or if the custodian has not provided an online tool,  the user may allow or prohibit in a will,  trust,  power of attorney or other record disclosure to a fiduciary of some or all of the user's digital assets,  including the content of electronic communications sent or received by the user.
C. A user's direction under subsection A or B of this section overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-13105 - Terms-of-service agreement

14-13105.
Terms-of-service agreement
A. This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user.
B. This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom,  or for whose estate,  the fiduciary or designated recipient acts or represents.
C. A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user,  by federal law or by a terms-of-service agreement if the user has not provided direction under section 14-13104.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-13106 - Procedure for disclosing digital assets

14-13106.
Procedure for disclosing digital assets
A. When disclosing digital assets of a user under this chapter,  the custodian,  at its sole discretion,  may do any of the following:
1. Grant a fiduciary or designated recipient full access to the user's account.
2. Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged.
3. Provide a fiduciary or designated recipient a copy in a record of any digital asset that,  on the date the custodian received the request for disclosure,  the user could have accessed if the user were alive and had full capacity and access to the account.
B. A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.
C. A custodian need not disclose under this chapter a digital asset deleted by a user.
D. If a user directs or a fiduciary requests a custodian to disclose under this chapter some,  but not all,  of the user's digital assets,  the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden,  the custodian or fiduciary may seek an order from the court to disclose any of the following:
1. A subset limited by date of the user's digital assets.
2. All of the user's digital assets to the fiduciary or designated recipient.
3. None of the user's digital assets.
4. All of the user's digital assets to the court for review in camera.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-13107 - Disclosure of content of electronic communications of deceased user

14-13107.
Disclosure of content of electronic communications of deceased user
If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user,  the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian all of the following:
1. A written request for disclosure in physical or electronic form.
2. A certified copy of the death certificate of the user.
3. A certified copy of the letters testamentary,  a small-estate affidavit or a court order.
4. Unless the user provided direction using an online tool,  a copy of the user's will,  trust,  power of attorney or other record evidencing the user's consent to disclosure of the content of electronic communications.
5. If requested by the custodian,  any of the following:
(a) A number,  username,  address or other unique subscriber or account identifier assigned by the custodian to identify the user's account.
(b) Evidence linking the account to the user.
(c) A finding by the court of one or more of the following:
(i) The user had a specific account with the custodian,  identifiable by the information specified in subdivision (a) of this paragraph.
(ii) Disclosure of the content of electronic communications of the user would not violate 18 United States Code sections 2701 through 2712,  47 United States Code section 222 or other applicable law.
(iii) Unless the user provided direction using an online tool,  the user consented to disclosure of the content of electronic communications.
(iv) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-13108 - Disclosure of other digital assets of deceased user

14-13108.
Disclosure of other digital assets of deceased user
Unless the user prohibited disclosure of digital assets or the court directs otherwise,  a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets,  other than the content of electronic communications,  of the user,  if the representative gives the custodian all of the following:
1. A written request for disclosure in physical or electronic form.
2. A certified copy of the death certificate of the user.
3. A certified copy of the letters testamentary,  a small-estate affidavit or a court order.
4. If requested by the custodian any of the following:
(a) A number,  username,  address or other unique subscriber or account identifier assigned by the custodian to identify the user's account.
(b) Evidence linking the account to the user.
(c) An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate.
(d) A finding by the court of either of the following:
(i) The user had a specific account with the custodian,  identifiable by the information specified in subdivision (a) of this paragraph.
(ii) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-13109 - Disclosure of content of electronic communications of principal

14-13109.
Disclosure of content of electronic communications of principal
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court,  a custodian shall disclose to the agent the content if the agent gives the custodian all of the following:
1. A written request for disclosure in physical or electronic form.
2. An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal.
3. A certification by the agent,  under penalty of perjury,  that the power of attorney is in effect.
4. If requested by the custodian any of the following:
(a) A number,  username,  address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account.
(b) Evidence linking the account to the principal.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-13110 - Disclosure of other digital assets of principal

14-13110.
Disclosure of other digital assets of principal
Unless otherwise ordered by the court,  directed by the principal or provided by a power of attorney,  a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets,  other than the content of electronic communications,  of the principal if the agent gives the custodian all of the following:
1. A written request for disclosure in physical or electronic form.
2. An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal.
3. A certification by the agent,  under penalty of perjury,  that the power of attorney is in effect.
4. If requested by the custodian any of the following:
(a) A number,  username,  address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account.
(b) Evidence linking the account to the principal.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-13111 - Disclosure of digital assets held in trust when trustee is original user

14-13111.
Disclosure of digital assets held in trust when trustee is original user
Unless otherwise ordered by the court or provided in a trust,  a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust,  including a catalogue of electronic communications of the trustee and the content of electronic communications.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-13112 - Disclosure of contents of electronic communications held in trust when trustee is not original user

14-13112.
Disclosure of contents of electronic communications held in trust when trustee is not original user
Unless otherwise ordered by the court,  directed by the user or provided in a trust,  a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried,  maintained,  processed,  received or stored by the custodian in the account of the trust,  if the trustee gives the custodian all of the following:
1. A written request for disclosure in physical or electronic form.
2. A certified copy of the trust instrument or a certification of the trust under section 14-11013 that includes consent to disclosure of the content of electronic communications to the trustee.
3. A certification by the trustee,  under penalty of perjury,  that the trust exists and the trustee is a currently acting trustee of the trust.
4. If requested by the custodian any of the following:
(a) A number,  username,  address or other unique subscriber or account identifier assigned by the custodian to identify the trust's account.
(b) Evidence linking the account to the trust.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-13113 - Disclosure of other digital assets held in trust when trustee is not original user

14-13113.
Disclosure of other digital assets held in trust when trustee is not original user
Unless otherwise ordered by the court,  directed by the user or provided in a trust,  a custodian shall disclose to a trustee that is not an original user of an account a catalogue of electronic communications sent or received by an original or successor user and stored,  carried or maintained by the custodian in an account of the trust and any digital assets,  other than the content of electronic communications,  in which the trust has a right or interest if the trustee gives the custodian all of the following:
1. A written request for disclosure in physical or electronic form.
2. A certified copy of the trust instrument or a certification of the trust under section 14-11013.
3. A certification by the trustee,  under penalty of perjury,  that the trust exists and the trustee is a currently acting trustee of the trust.
4. If requested by the custodian any of the following:
(a) A number,  username,  address or other unique subscriber or account identifier assigned by the custodian to identify the trust's account.
(b) Evidence linking the account to the trust.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-13114 - Disclosure of digital assets to conservator of protected person

14-13114.
Disclosure of digital assets to conservator of protected person
A. After an opportunity for a hearing under chapter 5,  article 4 of this title,  the court may grant a conservator access to the digital assets of a protected person.
B. Unless otherwise ordered by the court or directed by the user,  a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a protected person and any digital assets,  other than the content of electronic communications,  in which the protected person has a right or interest if the conservator gives the custodian all of the following:
1. A written request for disclosure in physical or electronic form.
2. A certified copy of the court order that gives the conservator authority over the digital assets of the protected person.
3. If requested by the custodian any of the following:
(a) A number,  username,  address or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person.
(b) Evidence linking the account to the trust.
C. A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this subsection must be accompanied by a certified copy of the court order giving the conservator authority over the protected person's property.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-13115 - Fiduciary duty and authority

14-13115.
Fiduciary duty and authority
A. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets,  including all of the following,  if applicable:
1. The duty of care.
2. The duty of loyalty.
3. The duty of confidentiality.
B. A fiduciary's or designated recipient's authority with respect to a digital asset of a user:
1. Except as otherwise provided in section 14-13104,  is subject to the applicable terms of service.
2. Is subject to other applicable law,  including copyright law.
3. In the case of a fiduciary,  is limited by the scope of the fiduciary's duties.
4. May not be used to impersonate the user.
C. A fiduciary with authority over the property of a decedent,  protected person,  principal or settlor has the right to access any digital asset in which the decedent,  protected person,  principal or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
D. A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent,  protected person,  principal or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws,  including section 13-2316.
E. A fiduciary with authority over the tangible,  personal property of a decedent,  protected person,  principal or settlor:
1. Has the right to access the property and any digital asset stored in it.
2. Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws,  including section 13-2316.
F. A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
G. A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing,  in either physical or electronic form,  and accompanied by all of the following:
1. If the user is deceased,  a certified copy of the death certificate of the user.
2. A certified copy of the letters testamentary of the representative,  small-estate affidavit,  court order,  power of attorney or trust giving the fiduciary authority over the account.
3. If requested by the custodian any of the following:
(a) A number,  username,  address or other unique subscriber or account identifier assigned by the custodian to identify the user's account.
(b) Evidence linking the account to the user.
(c) A finding by the court that the user had a specific account with the custodian,  identifiable by the information specified in subdivision (a) of this paragraph.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-13116 - Custodian compliance and immunity

14-13116.
Custodian compliance and immunity
A. Not later than sixty days after receipt of the information required under section 14-13107,  14-13108,  14-13109,  14-13110,  14-13111,  14-13112,  14-13113,  14-13114 or 14-13115,  a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply,  the fiduciary or designated recipient may apply to the court for an order directing compliance.
B. An order under subsection A of this section directing compliance must contain a finding that compliance is not in violation of 18 United States Code section 2702.
C. A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.
D. A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.
E. This chapter does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order that does any of the following:
1. Specifies that an account belongs to the protected person or principal.
2. Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure.
3. Contains a finding required by law other than this chapter.
F. A custodian and its officers,  employees and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.
2023 Arizona Revised Statutes › Title 14 - Trusts, Estates and Protective Proceedings › § 14-13118 - Relation to electronic signatures in global and national commerce act

14-13118.
Relation to electronic signatures in global and national commerce act
This chapter modifies,  limits and supersedes the electronic signatures in global and national commerce act,  15 United States Code sections 7001 through 7031,  but does not modify,  limit or supersede 15 United States Code section 7001(c) or authorize electronic delivery of any of the notices described in 15 United States Code section 7003(b).
2023 Arizona Revised Statutes › Title 15 - Education › § 15-104 - Mental health screening; consent; form; exemption

15-104.
Mental health screening;  consent;  form;  exemption
A. Before it conducts a mental health screening on any pupil,  defined as a survey,  analysis or evaluation created by a governmental or private third party pursuant to the protection of pupil rights amendment (20 United States Code section 1232h;  34 Code of Federal Regulations part 98),  a school district or charter school must have obtained the written consent of the pupil's parent or legal guardian. The written consent must satisfy all of the following requirements:
1. Contain language that clearly explains the nature of the screening program and when and where the screening will take place.
2. Be signed by the pupil's parent or legal guardian.
3. Provide notice that a copy of the actual survey,  analysis or evaluation questions to be asked of the student is available for inspection upon request by the parent or legal guardian.
B. The chemical abuse and related gang activity survey conducted by the Arizona criminal justice commission pursuant to section 41-2416 is exempt from the provisions of this section if the survey does not include questions related to depression or religiosity.
2023 Arizona Revised Statutes › Title 15 - Education › § 15-108 - Medical marijuana; school campuses; prohibition; definition

15-108.
Medical marijuana;  school campuses;  prohibition;  definition
(Subsection A was added with a 1998 Prop. 105 clause pursuant to L12,  Ch. 159)
A. In addition to the limitations prescribed in section 36-2802,  subsection B,  a person,  including a cardholder as defined in section 36-2801,  may not lawfully possess or use marijuana on the campus of any public university,  college,  community college or postsecondary educational institution. This subsection does not prohibit medical research projects involving marijuana that are conducted on the campus of any public university,  college,  community college or postsecondary institution as authorized by applicable federal approvals,  which may include the United States food and drug administration,  the United States drug enforcement administration and the national institutes on drug abuse,  and on approval of any applicable university institutional review board.
B. A person may not lawfully possess or use marijuana on the campus of any high school,  junior high school,  middle school,  common school or preschool in this state.
2023 Arizona Revised Statutes › Title 15 - Education › § 15-109 - Biometric information; prohibition; definition

15-109.
Biometric information;  prohibition;  definition
A. A school in a school district or a charter school shall not collect biometric information from a pupil unless the pupil's parent or guardian gives written permission to collect biometric information from the pupil.
B. At least thirty days before a school in a school district or charter school will collect biometric information,  the school shall provide written notice to the parents and guardians of pupils of the intent to collect biometric information. The notice shall include a statement in eighteen point bold-faced capital letters that the parent or guardian must give written permission to collect biometric information from the pupil before the school may collect biometric information.
C. For the purposes of this section,  " collect biometric information"  means the noninvasive electronic measurement and evaluation of any physical characteristics that are attributable to a single person,  including fingerprint characteristics,  eye characteristics,  hand characteristics,  vocal characteristics,  facial characteristics and any other physical characteristics used for the purpose of electronically identifying that person with a high degree of certainty.
2023 Arizona Revised Statutes › Title 15 - Education › § 15-112 - Prohibited courses and classes; enforcement

15-112.
Prohibited courses and classes;  enforcement
A. A school district or charter school in this state shall not include in its program of instruction any courses or classes that include any of the following:
1. Promote the overthrow of the United States government.
2. Promote resentment toward a race or class of people.
3. Are designed primarily for pupils of a particular ethnic group.
4. Advocate ethnic solidarity instead of the treatment of pupils as individuals.
B. If the state board of education or the superintendent of public instruction determines that a school district or charter school is in violation of subsection A,  the state board of education or the superintendent of public instruction shall notify the school district or charter school that it is in violation of subsection A. If the state board of education or the superintendent of public instruction determines that the school district or charter school has failed to comply with subsection A within sixty days after a notice has been issued pursuant to this subsection,  the state board of education or the superintendent of public instruction may direct the department of education to withhold up to ten per cent of the monthly apportionment of state aid that would otherwise be due the school district or charter school. The department of education shall adjust the school district or charter school's apportionment accordingly. When the state board of education or the superintendent of public instruction determines that the school district or charter school is in compliance with subsection A,  the department of education shall restore the full amount of state aid payments to the school district or charter school.
C. The department of education shall pay for all expenses of a hearing conducted pursuant to this section.
D. Actions taken under this section are subject to appeal pursuant to title 41,  chapter 6,  article 10.
E. This section shall not be construed to restrict or prohibit:
1. Courses or classes for Native American pupils that are required to comply with federal law.
2. The grouping of pupils according to academic performance,  including capability in the English language,  that may result in a disparate impact by ethnicity.
3. Courses or classes that include the history of any ethnic group and that are open to all students,  unless the course or class violates subsection A.
4. Courses or classes that include the discussion of controversial aspects of history.
F. Nothing in this section shall be construed to restrict or prohibit the instruction of the holocaust,  any other instance of genocide,  or the historical oppression of a particular group of people based on ethnicity,  race,  or class.
2023 Arizona Revised Statutes › Title 15 - Education › § 15-113 - Rights of parents; public educational institutions; definitions

15-113.
Rights of parents;  public educational institutions;  definitions
A. A parent of a student in a public educational institution has the right to review learning materials and activities in advance. A parent who objects to any learning material or activity on the basis that the material or activity is harmful may request to withdraw that parent's student from the activity or from the class or program in which the material is used and request an alternative assignment.
B. A charter school may require parents to waive the right to object to learning materials or activities pursuant to subsection A of this section as a condition of enrollment if the charter school provides a complete list of books and materials to be used each school year before the student enrolls. If the charter school introduces books or materials that were not disclosed prior to enrollment,  the parent retains the right to object to those materials pursuant to subsection A of this section.
C. A charter school may require that any request to review learning materials or activities or to withdraw the student from learning materials or activities pursuant to subsection A of this section be made in writing.
D. A public educational institution shall obtain signed,  written consent from a student's parent or guardian before doing either of the following:
1. Using video,  audio or electronic materials that may be inappropriate for the age of the student.
2. Providing sex education instruction to the student. At the same time the public educational institution seeks consent,  it shall inform the student's parent or guardian of the parent's or guardian's right to review the instructional materials and activities.
E. For the purposes of this section:
1. " Objects to any learning material or activity on the basis that the material or activity is harmful"  means objecting to the material or activity because of sexual content,  violent content or profane or vulgar language.
2. " Public educational institution"  means any of the following:
(a) A school district,  including its schools.
(b) A charter school.
(c) An accommodation school.
(d) The Arizona state schools for the deaf and the blind.
2023 Arizona Revised Statutes › Title 15 - Education › § 15-114 - Display of school, charter school and school district achievements, classifications or rankings; expiration; definition

15-114.
Display of school,  charter school and school district achievements,  classifications or rankings;  expiration;  definition
A. A school,  charter school or school district shall not display any achievement,  classification or ranking that was assigned by a public or private entity after the achievement,  classification or ranking is no longer current unless the year of issuance of the achievement,  classification or ranking is prominently displayed.
B. Any person may submit a complaint in writing to the department of education with evidence and specific facts of an alleged violation of subsection A of this section. The department of education shall investigate the complaint. If the department determines that there is a violation of this section,  it shall send to the school,  charter school or school district written notification of the violation and instruction to comply with this section.
C. For the purposes of this section,  " display"  means the placing of an achievement,  classification or ranking on or in any billboard,  marquee,  pupil transportation vehicle,  letterhead,  advertising,  internet web page,  intranet page,  office,  classroom,  hallway,  gymnasium or similar place.
2023 Arizona Revised Statutes › Title 15 - Education › § 15-115 - Preference for childbirth and adoption; allowable presentations

15-115.
Preference for childbirth and adoption;  allowable presentations
A. In view of the state's strong interest in promoting childbirth and adoption over elective abortion,  no school district or charter school in this state may endorse or provide financial or instructional program support to any program that does not present childbirth and adoption as preferred options to elective abortion.
B. In view of the state's strong interest in promoting childbirth and adoption over elective abortion,  no school district or charter school in this state may allow any presentation during instructional time or furnish any materials to pupils as part of any instruction that does not give preference,  encouragement and support to childbirth and adoption as preferred options to elective abortion.
2023 Arizona Revised Statutes › Title 15 - Education › § 15-115.01 - Public educational institution facility; prohibition; definitions

15-115.01.
Public educational institution facility;  prohibition;  definitions
A. A facility that is run by or that operates on the property of a public educational institution may not perform or provide an abortion,  unless the abortion is necessary to save the life of the woman having the abortion.
B. For the purposes of this section:
1. " Abortion"  has the same meaning prescribed in section 36-2151.
2. " Medical emergency"  has the same meaning prescribed in section 36-2151.
3. " Public educational institution"  means any of the following:
(a) A community college as defined in section 15-1401.
(b) A university under the jurisdiction of the Arizona board of regents.
(c) A school district,  including its schools.
(d) A charter school.
(e) An accommodation school.
(f) The Arizona state schools for the deaf and the blind.
2023 Arizona Revised Statutes › Title 15 - Education › § 15-116 - Public schools; fees; waiver; prohibition

15-116.
Public schools;  fees;  waiver;  prohibition
A. A school district governing board or charter school governing body that authorizes the assessment of fees pursuant to this title shall ensure that all fees contain a provision that allows the fees to be waived in the event of economic hardship to the pupil.
B. The nonpayment of fees charged by a public school may not prevent a pupil from enrolling in,  applying to or remaining enrolled in a public school.
C. This section does not prohibit a school district or charter school from charging tuition to a nonresident pupil as permitted by this title.
2023 Arizona Revised Statutes › Title 15 - Education › § 15-118 - Recess; requirements; exceptions; definition

15-118.
Recess;  requirements;  exceptions;  definition
A. Each school district and charter school shall provide at least two recess periods during the school day for pupils in kindergarten programs and grades one through three. From and after August 1,  2019 each school district and charter school shall provide at least two recess periods during the school day for pupils in kindergarten programs and grades one through five.
B. Notwithstanding subsection A of this section,  a school that offers a half-day kindergarten program is required to provide at least one recess period during the school day for pupils in that kindergarten program. A school district or a charter school may count a pupil's participation in a physical education course during a school day as one of that day's recess periods required by subsection A of this section.
C. A school district or charter school is not required to extend the school day as part of meeting the requirements of subsection A of this section.
D. This section does not apply to middle schools,  junior high schools,  high schools,  Arizona online instruction or schools in which the lowest grade of instruction offered is grade five.
E. For the purposes of this section,  " recess"  means a period of time during the regular school day,  including time during a scheduled lunch period,  during which a pupil is able to engage in physical activity or social interaction with other pupils.