reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2151 - Assessments for mobile home relocation fund; waiver

33-2151.
Assessments for mobile home relocation fund;  waiver
For recreational vehicles that are park trailers or park models only:
1. In order to provide monies for the mobile home relocation fund,  each owner of a park trailer or park model located in a park who does not own the land on which the park trailer or park model is located shall pay each year to the state an assessment in an amount determined by making the assessment as prescribed by section 33-1476.03. The county treasurer shall collect the assessment imposed by this paragraph at the same time and in the same manner as personal property taxes. The county treasurer shall separately list the assessment on the tax roll and shall transfer the revenues collected to the state treasurer for deposit in the mobile home relocation fund. The county treasurer shall send to the state treasurer a written notice of the total taxable assessed valuation,  derived by applying the applicable percentage specified in title 42,  chapter 15,  article 1 to the limited property value,  of all park trailers or park models in the county on which the assessment prescribed by this section is assessed. The assessment constitutes a lien on the park trailer or park model.
2. The director shall notify all county assessors to waive the assessment for any year if the monies in the fund exceed eight million dollars. The director shall send a copy of the notice to the county treasurers.
3. If at the end of a fiscal year the amount of monies in the relocation fund is less than six million dollars,  the director may notify the county assessors to reinstate the assessment prescribed by this section. If the director notifies the county assessors,  the director shall send a copy of the notice to the county treasurers.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2201 - Application

33-2201.
Application
This chapter applies to all timeshare plans,  timeshare property and associations in this state that are established on or after the effective date of this chapter. This chapter also applies,  unless the timeshare instrument provides otherwise,  to timeshare plans,  timeshare property and associations in this state that are established at any time before the effective date of this chapter. Notwithstanding this title or title 32 this chapter governs if there is any conflict between this chapter and any other statute related to the operation and management of timeshare plans,  timeshare property or associations in this state.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2207 - Foreclosure of assessment liens

33-2207.
Foreclosure of assessment liens
A. If an association,  developer or other managing entity files an action to foreclose the assessment lien on timeshare interests,  the association,  developer or other managing entity may join in the same action multiple defendant obligors and junior interest holders of separate timeshare interests,  on compliance with all of the following:
1. The foreclosure proceeding involves a single timeshare plan.
2. The foreclosure proceeding is filed by a single plaintiff.
3. The default and remedy provisions in the written instruments on which the foreclosure proceeding is based are substantially the same for each defendant.
4. The nature of the defaults alleged is the same for each defendant.
B. In any foreclosure proceeding involving multiple defendants filed pursuant to subsection A,  the court shall sever for separate trial any count of the complaint in which a defense or counterclaim is timely raised by a defendant.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2301 - Commercial buildings; telecommunications service; notice; definition

33-2301.
Commercial buildings;  telecommunications service;  notice;  definition
A. For any commercial building in this state on request of a prospective tenant,  the owner of the building shall provide to the prospective tenant written notice of the names of any currently available telecommunications service providers that have equipment,  property or connections in place at the building to provide telecommunications services to the tenant. The owner shall provide that notice to the tenant after the tenant's request at or before entering into any lease or rental agreement with the tenant.
B. This state and any of its political subdivisions shall not require the owner of a commercial building to accept or maintain facilities or services from one or more providers of telecommunications services.
C. For the purposes of this chapter,  " telecommunications"  means the transmission of information between users that does not change the form or content of the information and includes commercial cable services.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2302 - Applicability; commercial properties

33-2302.
Applicability;  commercial properties
This chapter applies only to owners of commercial rental property and their tenants and does not apply to any landlord tenant relationship arising out of the leasing or rental of residential dwelling units that is governed by chapter 10,  11,  19 or 20 of this title.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2401 - Access to private property

33-2401.
Access to private property
A. Notwithstanding any other law,  reasonable access to private property shall not be denied by this state or any political subdivision of this state.
B. If an owner's private property is surrounded by land owned by this state or any political subdivision of this state,  the owner of the private property may request a nonexclusive right-of-way for a term of at least thirty years from this state or any political subdivision of this state to legally access the owner's private property at the owner's discretion.
C. This state or any political subdivision of this state shall grant a nonexclusive right-of-way for a term of at least thirty years to the owner of private property if the grant of the right-of-way is for the purpose of providing legal access to the owner's private property to which access across land owned by this state or any political subdivision of this state is necessary because land owned by this state or any political subdivision of this state surrounds the private property.
D. Following reasonable consultation with the owner of the private property,  this state or any political subdivision of this state shall determine the appropriate location and width of the right-of-way to be granted and may relocate the right-of-way after the grant at the discretion of this state or the political subdivision of this state.
E. If the right-of-way has been in use by the private property owner and new road construction is not necessary to provide legal access to the private property,  this state is not required to comply with sections 41-861,  41-862 and 41-864.
F. A right-of-way granted pursuant to this section shall be granted according to the constitution and laws of this state and the rules adopted by a state agency,  as applicable.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2602 - Notice and opportunity for hearing; exceptions

33-2602.
Notice and opportunity for hearing;  exceptions
A. Except as otherwise provided in subsection B of this section,  the court may issue an order under this chapter only after notice and opportunity for a hearing appropriate in the circumstances.
B. The court may issue an order under this chapter:
1. Without prior notice if the circumstances require issuance of an order before notice is given.
2. After notice and without a prior hearing if the circumstances require issuance of an order before a hearing is held.
3. After notice and without a hearing if no interested party timely requests a hearing.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2603 - Scope; exclusions

33-2603.
Scope;  exclusions
A. Except as otherwise provided in subsection B or C of this section,  this chapter applies to a receivership for an interest in commercial real property and any personal property related to or used in operating the real property.
B. This chapter does not apply to a receivership for an interest in real property improved by one to four dwelling units unless:
1. The interest is used for agricultural,  commercial,  industrial,  or mineral-extraction purposes,  other than incidental uses by an owner occupying the property as the owner's primary residence.
2. The interest secures an obligation incurred at a time when the property was used or planned for use for agricultural,  commercial,  industrial or mineral-extraction purposes.
3. The owner planned or is planning to develop the property into one or more dwelling units to be sold or leased in the ordinary course of the owner's business.
4. The owner is collecting or has the right to collect rents or other income from the property from a person other than an affiliate of the owner.
C. This chapter does not apply to a receivership authorized by another law other than this chapter in which the receiver is a governmental unit or an individual acting in an official capacity on behalf of the unit except to the extent provided by law.
D. This chapter does not limit the authority of a court to appoint a receiver under another law other than this chapter.
E. Unless displaced by a particular provision of this chapter,  the principles of law and equity supplement this chapter.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2605 - Appointment of receiver

33-2605.
Appointment of receiver
A. The court may appoint a receiver:
1. Before judgment,  to protect a party that demonstrates an apparent right,  title or interest in real property that is the subject of the action,  if the property or its revenue-producing potential:
(a) Is being subjected to or is in danger of waste,  loss,  dissipation or impairment.
(b) Has been or is about to be the subject of a voidable transaction.
(c) Needs to be protected and preserved or if the rights of the parties need to be protected and preserved,  even if the action does not include any other claim for relief.
2. After judgment:
(a) To carry the judgment into effect.
(b) To preserve nonexempt real property pending appeal or when an execution has been returned unsatisfied and the owner refuses to apply the property in satisfaction of the judgment.
3. In an action in which a receiver for real property may be appointed on equitable grounds.
4. During any time allowed for redemption,  to preserve real property sold in an execution or foreclosure sale and to secure its rents to the person entitled to the rents.
B. In connection with the foreclosure or other enforcement of a mortgage,  the court may appoint a receiver for the mortgaged property if:
1. Appointment is necessary to protect the property from waste,  loss,  transfer,  dissipation or impairment.
2. The mortgagor agreed in a signed record to appointment of a receiver on default.
3. The owner agreed,  after default and in a signed record,  to appointment of a receiver.
4. The property and any other collateral held by the mortgagee are not sufficient to satisfy the secured obligation.
5. The owner fails to turn over to the mortgagee proceeds or rents the mortgagee was entitled to collect.
6. The holder of a subordinate lien obtains appointment of a receiver for the property.
7. The property or the rights of the parties need to be protected and preserved,  even if the action does not include any other claim for relief.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2606 - Disqualification from appointment as a receiver; exceptions; nomination

33-2606.
Disqualification from appointment as a receiver;  exceptions;  nomination
A. The court may not appoint a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified.
B. Except as otherwise provided in subsection C of this section,  a person is disqualified from appointment as receiver if the person:
1. Is an affiliate of a party.
2. Has an interest materially adverse to an interest of a party.
3. Has a material financial interest in the outcome of the action,  other than compensation the court may allow the receiver.
4. Has a debtor-creditor relationship with a party.
5. Holds an equity interest in a party,  other than a noncontrolling interest in a publicly traded company.
C. A person is not disqualified from appointment as receiver solely because the person:
1. Was appointed receiver or is owed compensation in an unrelated matter involving a party or was engaged by a party in a matter unrelated to the receivership.
2. Is an individual obligated to a party on a debt that is not in default and was incurred primarily for personal,  family or household purposes.
3. Maintains with a party a deposit account as defined in section 47-9102.
D. A person seeking the appointment of a receiver may nominate a person to serve as receiver.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2607 - Receiver's bond; alternative security

33-2607.
Receiver's bond;  alternative security
A. Except as otherwise provided in subsection B of this section,  a receiver shall post with the court a bond that:
1. Is conditioned on the faithful discharge of the receiver s duties.
2. Has one or more sureties approved by the court.
3. Is in an amount the court specifies.
4. Is effective as of the date of the receiver's appointment.
B. The court may approve the posting by a receiver with the court of alternative security,  such as a letter of credit or deposit of funds. The receiver may not use receivership property as alternative security. Interest that accrues on deposited funds must be paid to the receiver on the receiver's discharge.
C. The court may authorize a receiver to act before the receiver posts the bond or alternative security required by this section.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2608 - Status of receiver as lien creditor

33-2608.
Status of receiver as lien creditor
On appointment of a receiver,  the receiver has the status of a lien creditor under the Uniform Commercial Code,  title 47,  chapter 9,  as to receivership property that is personal property or fixtures and chapter 7,  article 5 of this title as to receivership property that is real property.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2610 - Collection and turnover of receivership property

33-2610.
Collection and turnover of receivership property
A. Unless the court orders otherwise,  on demand by a receiver:
1. A person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver,  except to the extent the debt is subject to setoff or recoupment.
2. Subject to subsection C of this section,  a person that has possession,  custody or control of receivership property shall turn the property over to the receiver.
B. A person that has notice of the appointment of a receiver and owes a debt that is receivership property may not satisfy the debt by payment to the owner.
C. If a creditor has possession,  custody or control of receivership property and the validity,  perfection or priority of the creditor s lien on the property depends on the creditor's possession,  custody or control,  the creditor may retain possession,  custody or control until the court orders adequate protection of the creditor s lien.
D. Unless a bona fide dispute exists about a receiver's right to possession,  custody or control of receivership property,  the court may sanction as civil contempt a person's failure to turn the property over when required by this section.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2611 - Powers and duties of receiver

33-2611.
Powers and duties of receiver
A. Except as limited by court order or another law,  a receiver may:
1. Collect,  control,  manage,  conserve and protect receivership property.
2. Operate a business constituting receivership property,  including preservation,  use,  sale,  lease,  license,  exchange,  collection or disposition of the property in the ordinary course of business.
3. In the ordinary course of business,  incur unsecured debt and pay expenses incidental to the receiver's preservation,  use,  sale,  lease,  license,  exchange,  collection or disposition of receivership property.
4. Assert a right,  claim,  cause of action or defense of the owner that relates to receivership property.
5. Seek and obtain instruction from the court concerning receivership property,  exercise of the receiver's powers and performance of the receiver's duties.
6. On subpoena,  compel a person to submit to examination under oath,  or to produce and permit inspection and copying of designated records or tangible things,  with respect to receivership property or any other matter that may affect administration of the receivership.
7. Engage a professional as provided in section 33-2614.
8. Apply to a court of another state for appointment as ancillary receiver with respect to receivership property located in that state.
9. Exercise any power conferred by court order,  this chapter or another law other than this chapter.
B. With court approval,  a receiver may:
1. Incur debt for the use or benefit of receivership property other than in the ordinary course of business.
2. Make improvements to receivership property.
3. Use or transfer receivership property other than in the ordinary course of business as provided in section 33-2615.
4. Adopt or reject an executory contract of the owner as provided in section 33-2616.
5. Pay compensation to the receiver as provided in section 33-2619,  and to each professional engaged by the receiver as provided in section 33-2614.
C. A receiver shall:
1. Prepare and retain appropriate business records,  including a record of each receipt,  disbursement and disposition of receivership property.
2. Account for receivership property,  including the proceeds of a sale,  lease,  license,  exchange,  collection or other disposition of the property.
3. Record in the office of the county recorder a copy of the order appointing the receiver and,  if a legal description of the real property is not included in the order,  the legal description.
4. Disclose to the court any fact arising during the receivership that would disqualify the receiver under section 33-2606.
5. Perform any duty imposed by court order,  this chapter or another law other than this chapter.
D. Notwithstanding any other provision of this chapter,  the powers and duties of a receiver may be expanded,  modified,  or limited by court order.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2612 - Duties of owner

33-2612.
Duties of owner
A. An owner shall:
1. Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver's duties.
2. Preserve and turn over to the receiver all receivership property in the owner's possession,  custody or control.
3. Identify all records and other information relating to the receivership property,  including passwords,  authorizations or other information needed to obtain or maintain access to or control of the receivership property and make available to the receiver the records and information in the owner's possession,  custody or control.
4. On subpoena,  submit to examination under oath by the receiver concerning the acts,  conduct,  property,  liabilities and financial condition of the owner or any matter relating to the receivership property or the receivership.
5. Perform any duty imposed by court order,  this chapter or another law other than this chapter.
B. If an owner is a person other than an individual,  this section applies to each officer,  director,  manager,  member,  partner,  trustee or other person exercising or having the power to exercise control over the affairs of the owner.
C. If a person knowingly fails to perform a duty imposed by this section,  the court may:
1. Award the receiver actual damages caused by the person's failure,  reasonable attorney fees and costs.
2. Sanction the failure as civil contempt.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2613 - Stay; injunction

33-2613.
Stay;  injunction
A. Except as otherwise provided in subsection D of this section or ordered by the court,  an order appointing a receiver operates as a stay,  applicable to all persons,  of an act,  action or proceeding:
1. To obtain possession of,  exercise control over or enforce a judgment against receivership property.
2. To enforce a lien against receivership property to the extent the lien secures a claim against the owner that arose before entry of the order.
B. Except as otherwise provided in subsection D of this section,  the court may enjoin an act,  action or proceeding against or relating to receivership property if the injunction is necessary to protect the property or facilitate administration of the receivership.
C. A person whose act,  action or proceeding is stayed or enjoined under this section may apply to the court for relief from the stay or injunction for cause.
D. An order under subsection A or B of section does not operate as a stay or injunction of:
1. An act,  action or proceeding to foreclose or otherwise enforce a mortgage by the person seeking appointment of the receiver.
2. An act,  action or proceeding to perfect,  or maintain or continue the perfection of,  an interest in receivership property.
3. Commencement or continuation of a criminal proceeding.
4. Commencement or continuation of an action or proceeding,  or enforcement of a judgment other than a money judgment in an action or proceeding,  by a governmental unit to enforce its police or regulatory power.
5. Establishment by a governmental unit of a tax liability against the owner or receivership property or an appeal of the liability.
E. The court may void an act that violates a stay or injunction under this section.
F. If a person knowingly violates a stay or injunction under this section,  the court may:
1. Award actual damages caused by the violation,  reasonable attorney's fees and costs.
2. Sanction the violation as civil contempt.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2614 - Engagement and compensation of professional

33-2614.
Engagement and compensation of professional
A. With court approval,  a receiver may engage an attorney,  accountant,  appraiser,  auctioneer,  broker or other professional to assist the receiver in performing a duty or exercising a power of the receiver. The receiver shall disclose to the court:
1. The identity and qualifications of the professional.
2. The scope and nature of the proposed engagement.
3. Any potential conflict of interest.
4. The proposed compensation.
B. A person is not disqualified from engagement under this section solely because of the person's engagement by,  representation of,  or other relationship with the receiver,  a creditor or a party. This chapter does not prevent the receiver from serving in the receivership as an attorney,  accountant,  auctioneer or broker when authorized by law.
C. A receiver or professional engaged under subsection A of this section shall file with the court an itemized statement of the time spent,  work performed and billing rate of each person that performed the work and an itemized list of expenses. To the extent the receivership has sufficient assets,  the receiver shall pay the amount approved by the court.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2615 - Use or transfer of receivership property not in the ordinary course of business; definition

33-2615.
Use or transfer of receivership property not in the ordinary course of business;  definition
A. With court approval,  a receiver may use receivership property other than in the ordinary course of business.
B. With court approval,  a receiver may transfer receivership property other than in the ordinary course of business by sale,  lease,  license,  exchange or other disposition. Unless the agreement of sale provides otherwise,  a sale under this section is free and clear of a lien of the person that obtained appointment of the receiver,  any subordinate lien and any right of redemption but is subject to a senior lien.
C. A lien on receivership property that is extinguished by a transfer under subsection B of this section attaches to the proceeds of the transfer with the same validity,  perfection,  and priority the lien had on the property immediately before the transfer,  even if the proceeds are not sufficient to satisfy all obligations secured by the lien.
D. A transfer under subsection A or B of this section may occur by means other than a public auction sale. A creditor holding a valid lien on the property to be transferred may purchase the property and offset against the purchase price part or all of the allowed amount secured by the lien,  if the creditor tenders funds sufficient to satisfy in full the reasonable expenses of transfer. The property transferred is subject to any senior lien unless extinguished by the transfer.
E. A reversal or modification of an order approving a transfer under subsection A or B of this section does not affect the validity of the transfer to a person that acquired the property in good faith or revive against the person any lien extinguished by the transfer,  whether the person knew before the transfer of the request for reversal or modification,  unless the court stayed the order before the transfer.
F. For the purposes of this section,  " good faith"  means honesty in fact and the observance of reasonable commercial standards of fair dealing.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2617 - Defenses and immunities of receiver

33-2617.
Defenses and immunities of receiver
A. A receiver is entitled to all defenses and immunities provided by a law other than this chapter for an act or omission within the scope of the receiver's appointment.
B. A receiver may be sued personally for an act or omission in administering receivership property only with approval of the court that appointed the receiver and if the court finds that the receiver acted without authority.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2618 - Interim report of receiver

33-2618.
Interim report of receiver
A receiver may file or,  if ordered by the court,  shall file an interim report that includes:
1. The activities of the receiver since appointment or a previous report.
2. Receipts and disbursements,  including a payment made or proposed to be made to a professional engaged by the receiver.
3. Receipts and dispositions of receivership property.
4. Fees and expenses of the receiver and,  if not filed separately,  a request for approval of payment of the fees and expenses.
5. Any other information required by the court.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2619 - Fee and expenses

33-2619.
Fee and expenses
A. The court may award a receiver from receivership property the reasonable and necessary fees and expenses of performing the duties of the receiver and exercising the powers of the receiver.
B. The court may order one or more of the following to pay the reasonable and necessary fees and expenses of the receivership,  including reasonable attorney fees and costs:
1. A person that requested the appointment of the receiver,  if the receivership does not produce sufficient funds to pay the fees and expenses.
2. A person whose conduct justified or would have justified the appointment of the receiver under section 33-2605,  subsection A,  paragraph 1.
3. Any other person as equity justifies.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2620 - Removal of receiver; replacement; termination of receivership

33-2620.
Removal of receiver;  replacement;  termination of receivership
A. The court may remove a receiver for cause.
B. The court shall replace a receiver that dies,  resigns or is removed.
C. If the court finds that a receiver that resigns or is removed,  or the representative of a receiver that is deceased,  has accounted fully for and turned over to the successor receiver all receivership property and has filed a report of all receipts and disbursements during the service of the replaced receiver,  the replaced receiver is discharged.
D. The court may discharge a receiver and terminate the court's administration of the receivership property if the court finds that appointment of the receiver was improvident or that the circumstances no longer warrant continuation of the receivership. If the court finds that the appointment was sought wrongfully or in bad faith,  the court may assess against the person that sought the appointment:
1. The fees and expenses of the receivership,  including reasonable attorney fees and costs.
2. Actual damages caused by the appointment,  including reasonable attorney fees and costs.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2621 - Final report of receiver; discharge

33-2621.
Final report of receiver;  discharge
A. On completion of a receiver's duties,  the receiver shall file a final report including:
1. A description of the activities of the receiver in the conduct of the receivership.
2. A list of receivership property at the commencement of the receivership and any receivership property received during the receivership.
3. A list of disbursements,  including payments to professionals engaged by the receiver.
4. A list of dispositions of receivership property.
5. A list of distributions made or proposed to be made from the receivership for creditor claims.
6. If not filed separately,  a request for approval of the payment of fees and expenses of the receiver.
7. Any other information required by the court.
B. If the court approves a final report filed under subsection A of this section and the receiver distributes all receivership property,  the receiver is discharged.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2622 - Receivership in another state; ancillary proceeding

33-2622.
Receivership in another state;  ancillary proceeding
A. The court may appoint a receiver appointed in another state,  or that person's nominee,  as an ancillary receiver with respect to property located in this state or subject to the jurisdiction of the court for which a receiver could be appointed under this chapter,  if:
1. The person or nominee would be eligible to serve as receiver under section 33-2606.
2. The appointment furthers the person's possession,  custody,  control or disposition of property subject to the receivership in the other state.
B. The court may issue an order that gives effect to an order entered in another state appointing or directing a receiver.
C. Unless the court orders otherwise,  an ancillary receiver appointed under subsection A of this section has the rights,  powers and duties of a receiver appointed under this chapter.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2623 - Effect of enforcement by mortgagee

33-2623.
Effect of enforcement by mortgagee
A request by a mortgagee for appointment of a receiver,  the appointment of a receiver or application by a mortgagee of receivership property or proceeds to the secured obligation does not:
1. Make the mortgagee a mortgagee in possession of the real property.
2. Make the mortgagee an agent of the owner.
3. Constitute an election of remedies that precludes a later action to enforce the secured obligation.
4. Make the secured obligation unenforceable.
5. Limit any right available to the mortgagee with respect to the secured obligation.
2023 Arizona Revised Statutes › Title 33 - Property › § 33-2626 - Relation to electronic signature in global and national commerce act

33-2626.
Relation to electronic signature in global and national commerce act
This chapter modifies,  limits or 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 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 34 - Public Buildings and Improvements › § 34-102 - Multiple contracts; professional services

34-102.
Multiple contracts;  professional services
A. For professional services that are provided by a technical registrant,  an agent may procure and award multiple contracts from a single solicitation under section 34-103 or chapter 6 of this title,  as applicable,  except that professional services that are part of design-build construction services may not be procured under this subsection. Each of the multiple contracts for professional services that are procured in a procurement must have a term not exceeding five years after the date of the contract award of the first contract under the procurement and may continue in effect after the five year term for professional services on projects commenced within the five year term.
B. In a solicitation for multiple contracts for professional services by technical registrants,  the agent may award all of the multiple contracts to one contractor or may award the multiple contracts to multiple contractors.
C. Multiple contracts for the same job-order-contracting construction services to be awarded to separate persons or firms may be procured in a single solicitation as provided in section 34-604.
2023 Arizona Revised Statutes › Title 34 - Public Buildings and Improvements › § 34-104 - Contract with architect; proprietary specifications; penalty; compensation

34-104.
Contract with architect;  proprietary specifications;  penalty;  compensation
A. The architect employed shall execute with the agent a contract to prepare working drawings and details and specifications for the proposed project,  and to supervise its construction,  unless the agent does not employ the architect to supervise the work.
B. An architect shall not use and the agent shall not allow the use of bidding,  contracting or purchasing specifications proprietary to one supplier,  distributor or manufacturer unless the specification includes both of the following:
1. A description of the essential characteristics of the products so specified.
2. A statement indicating the intent to consider alternative products which have the desired essential characteristics if such alternative products are identified.
C. Persons desiring to submit alternative product proposals for prior approval of the architect shall submit such proposals at least eight days prior to the original deadline for receiving bids. The architect shall consider and either approve or reject all proposals submitted and shall comply with the following requirements:
1. If,  by the close of the fifth day prior to the deadline for receiving bids,  the architect has approved any alternative product proposals,  the bidding documents shall be modified to include the alternative products. The architect shall publish the modification in the same manner as the original bidding documents at least five days prior to the bidding deadline.
2. If the architect rejects an alternative product proposal,  he shall give notice of the rejection to the agent prior to the deadline for receiving bids. Notice shall include a description of the rejected product.
D. A person who knowingly uses or allows the use of a bidding,  contracting or purchasing specification proprietary to one supplier,  distributor or manufacturer in violation of subsection B or fails to publish any alternate product as provided in subsection C,  paragraph 1,  or fails to give notice of rejection of an alternate proposal to the agent as provided in subsection C,  paragraph 2 is liable for a civil penalty in an amount not to exceed twenty-five thousand dollars for each violation. The attorney general shall bring an action to recover such penalty in the name of this state in the superior court in the county in which the violation occurred.
E. If in the agent's judgment a satisfactory proposal is not received for construction of the project completely finished in accordance with the accepted plans and specifications,  then the architect shall revise the scope or quality of the project,  or both,  as necessary to obtain a satisfactory proposal to construct the project.
F. If the proposed project is abandoned or suspended for a period of more than one hundred eighty days through no fault of the architect,  he shall be compensated.
2023 Arizona Revised Statutes › Title 34 - Public Buildings and Improvements › § 34-202 - Bids by contractors; estimates when work not done by contract

34-202.
Bids by contractors;  estimates when work not done by contract
A. Proposals for construction of buildings or structures,  or additions and alterations thereto,  shall be accompanied by bids for all of the proposed work,  signed by a responsible contractor and accompanied by a certified check,  cashier's check,  or surety bond.
B. If the proposed work is not to be done by contract,  the accepted completed plans and specifications shall be estimated by a person specially qualified for that purpose and appointed by the agent for that purpose.
2023 Arizona Revised Statutes › Title 34 - Public Buildings and Improvements › § 34-203 - Failure to comply; civil penalty

34-203.
Failure to comply;  civil penalty
A. An agent who knowingly violates the provisions of section 34-201 is liable for a civil penalty:
1. Except as provided in paragraph 2,  not to exceed five thousand dollars for each violation.
2. On the effective date of this amendment to this section until July 1,  2009,  not to exceed:
(a) Ten thousand dollars for a first violation.
(b) Twenty-five thousand dollars for a second violation.
(c) Seventy-five thousand dollars for a third violation.
B. All monies collected from the civil penalty shall be deposited in the state general fund. The attorney general shall bring an action to recover the penalty in the name of this state in the superior court in the county in which the violation occurred. The attorney general shall bring any appropriate civil action to enjoin a threatened or pending violation of this article.
2023 Arizona Revised Statutes › Title 34 - Public Buildings and Improvements › § 34-223 - Payment bond provisions

34-223.
Payment bond provisions
A. Every claimant who has furnished labor or material in the prosecution of the work provided for in a contract for which a payment bond is furnished under section 34-222,  and who has not been paid in full for the labor or material for the work before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by the claimant or material was furnished or supplied by the claimant for which the claim is made,  shall have the right to sue on the payment bond for the amount,  or the balance of the amount,  unpaid at the time of institution of the suit and to prosecute the action to final judgment for the sum or sums justly due the claimant,  and have execution thereon,  provided however that any claimant who has a direct contractual relationship with a subcontractor of the contractor furnishing the payment bond but not a contractual relationship express or implied with the contractor has a right of action on the payment bond on giving the contractor the following notices:
1. A written preliminary twenty-day notice,  as provided for in section 33-992.01,  subsection C,  paragraphs 1,  2,  3 and 4 and subsections E,  F and H.
2. A written ninety-day notice given within ninety days after the date on which the claimant performed the last of the labor or furnished or supplied the last of the material for which the claim is made,  stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. The ninety-day notice shall be given by any means that provides written,  third-party verification of delivery to the contractor at any place the contractor maintains an office or conducts business,  or at the contractor's residence.
B. Every suit instituted under this section shall be brought in the name of the claimant but no such suit shall be commenced after the expiration of one year after the date on which the last of the labor was performed or materials were supplied by the person bringing this suit.
C. On written application,  the contracting body and the agent in charge of its office shall furnish to any person that states the person has supplied labor or materials for the work,  and payment for the labor or materials for the work has not been made,  or is being sued on the bond,  or is the surety on the bond,  a certified copy of the bond and the contract for which the bond was given. The copy is prima facie evidence of the contents,  execution and delivery of the original. Applicants shall pay for the certified copies and the reasonable fees that the contracting body or the agent in charge of its office fixes to cover the actual cost of preparation of the certified copies.
2023 Arizona Revised Statutes › Title 34 - Public Buildings and Improvements › § 34-224 - Effect of article on prior contracts

34-224.
Effect of article on prior contracts
This article shall not apply to any contract awarded pursuant to any invitation for bids issued on or before the effective date of this article or to any person or bonds in respect to any such contract,  but rights,  duties and obligations of parties arising under,  or incidental to,  bonds executed prior to such effective date shall continue to be governed by the prior statutes applicable to such bonds.
2023 Arizona Revised Statutes › Title 34 - Public Buildings and Improvements › § 34-225 - Governmental mall; private and public development; construction contracts; limitations

34-225.
Governmental mall;  private and public development;  construction contracts;  limitations
A political subdivision of this state may not authorize,  pursuant to its planning and zoning or other powers,  the private or public development of structures or sites or award a construction contract for new buildings or improvements within the governmental mall composed of the area described in section 41-1362 without a request for permission from,  and written approval by,  the director of the department of administration.
2023 Arizona Revised Statutes › Title 34 - Public Buildings and Improvements › § 34-227 - Construction contracts; design professional services contracts; void provisions

34-227.
Construction contracts;  design professional services contracts;  void provisions
A provision,  covenant,  clause or understanding in,  collateral to or affecting a construction contract or a design professional service contract,  as defined in section 34-226,  that makes the contract subject to the laws of another state or that requires any litigation,  arbitration or other dispute resolution proceeding arising from the contract to be conducted in another state is against this state's public policy and is void and unenforceable.
2023 Arizona Revised Statutes › Title 34 - Public Buildings and Improvements › § 34-241 - Eligibility of contractors on public works; preferred contractors; eligibility of subcontractor; definitions

34-241.
Eligibility of contractors on public works;  preferred contractors;  eligibility of subcontractor;  definitions
A. In awarding the contract for work to be paid for from public funds,  bids of contractors,  who are licensed under title 32,  chapter 1 or chapter 10,  who have satisfactorily performed prior public contracts,  and who have paid real or personal property taxes assessed under title 42 for at least two consecutive years in an amount of at least two hundred dollars per year immediately prior to submitting a bid on a plant and equipment such as may be used in the performance of the contract for which the bid is submitted,  or on other real or personal property in the state equivalent in value to such plant or equipment,  shall be deemed a better bid than the bid of a competing contractor who has not paid such taxes,  whenever the bid of the competing contractor is less than five per cent lower,  and the contractor making a bid,  as provided by this section,  which is deemed the better bid,  shall be awarded the contract. The location of the home office of the contractor is not a factor in a determination of preference pursuant to this section.
B. No contract awarded for public work shall be sublet to a subcontractor who has not paid taxes as required by this section.
C. For purposes of this section:
1. " Satisfactorily performed prior public contracts"  means that the contractor has completed a public works contract with any agent or with the United States or any of its instrumentalities.
2. " Two consecutive years immediately prior to submitting a bid"  means the two tax years immediately preceding submitting the bid. One of the years may be the year in which the bid is submitted. If the second year is the year in which the bid is submitted,  the tax payments must be for a complete tax year. Prorated tax payments do not qualify as payment for a complete tax year. Installment tax payments do not qualify as payment for a complete tax year until all installments are paid.
2023 Arizona Revised Statutes › Title 34 - Public Buildings and Improvements › § 34-242 - Preference for locally manufactured materials in awarding contracts for furnishing materials

34-242.
Preference for locally manufactured materials in awarding contracts for furnishing materials
A. In awarding contracts for furnishing materials to construct a building or structure,  or additions to or alterations of existing buildings or structures,  either directly or through a contractor or subcontractor,  to any political subdivision of this state,  to be paid for from public funds,  bidders who furnish materials produced or manufactured in this state shall be awarded the contract in preference to any competing bidder who furnishes materials not produced or manufactured in this state whenever the bid of the competing bidder,  quality and suitability considered,  is less than five per cent lower.
B. Bidders may not claim a preference pursuant to both this section and section 34-243. Bidders claiming a preference pursuant to this section shall be awarded a preference to any competing bidder claiming a preference pursuant to section 34-243 whenever the bid of the competing bidder claiming a preference pursuant to section 34-243,  quality and suitability considered,  is less than five per cent lower,  but in no case may any bidder receive more than five per cent total preference.
2023 Arizona Revised Statutes › Title 34 - Public Buildings and Improvements › § 34-243 - Preference for materials supplied by resident dealers in awarding contracts for furnishing materials

34-243.
Preference for materials supplied by resident dealers in awarding contracts for furnishing materials
In awarding contracts for furnishing materials to construct a building or structure,  or additions to or alterations of existing buildings or structures,  either directly or through a contractor,  to any political subdivision of this state,  to be paid for from public funds,  the contract shall be awarded to bidders who furnish materials supplied by a dealer who is a resident of this state who has for not less than two successive years immediately prior to submitting the bid paid real or personal property taxes assessed under title 42 in preference to a competing bidder who furnishes materials not supplied by the resident dealer,  whenever the bid of the competing bidder,  quality and suitability considered,  is less than five per cent lower than that of the resident dealer.
2023 Arizona Revised Statutes › Title 34 - Public Buildings and Improvements › § 34-243.01 - Effect of transaction privilege and use taxes in awarding contracts for furnishing any kind of equipment or materials or construction

34-243.01.
Effect of transaction privilege and use taxes in awarding contracts for furnishing any kind of equipment or materials or construction
In awarding contracts for furnishing any kind of equipment or materials or construction to a political subdivision of this state,  the amount of any applicable transaction privilege or use tax of a political subdivision of this state shall not be a factor in determining the lowest bidder whenever a competing bidder located outside this state is not subject to a transaction privilege or use tax of a political subdivision of this state.