Chapter 0007 - 493S - H Ver of HB2008
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House Engrossed
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State of Arizona
House of Representatives
Forty-ninth Legislature
Third Special Session
2009
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CHAPTER 7
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HOUSE BILL 2008
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AN ACT
AMENDING SECTION 1-501, ARIZONA REVISED STATUTES; AMENDING TITLE 1, CHAPTER 5,
ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 1-502; AMENDING SECTION 4-115,
ARIZONA REVISED STATUTES; AMENDING TITLE 4, CHAPTER 1, ARTICLE 2, ARIZONA REVISED
STATUTES, BY ADDING SECTION 4-120; AMENDING SECTION 9-463.05, ARIZONA REVISED STATUTES;
AMENDING TITLE 9, CHAPTER 7, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION
9-805; AMENDING SECTION 11-356, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 2009,
CHAPTER 45, SECTION 3; AMENDING SECTIONS 11-1102, 20-1550, 32-516, 32-702, 32-703,
32-730, 32-1606, 32-3233 AND 33-809, ARIZONA REVISED STATUTES; AMENDING SECTION 33-814,
ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 2009, CHAPTER 68, SECTION 1; AMENDING
SECTIONS 33-1322, 36-3291, 41-764 AND 48-6203, ARIZONA REVISED STATUTES; AMENDING LAWS
2007, CHAPTER 260, SECTION 6, AS AMENDED BY LAWS 2008, CHAPTER 291, SECTION 7; REPEALING
LAWS 2008, CHAPTER 289, SECTION 2; MAKING APPROPRIATIONS; RELATING TO GENERAL GOVERNMENT
BUDGET RECONCILIATION.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 1-501, Arizona Revised Statutes, is amended to read:
1-501. Eligibility for federal public benefits;
documentation; violation; classification; citizen suits;
definition
A. Notwithstanding any other state law and to the extent permitted by federal law,
any person who applies for a state administered FEDERAL public program
BENEFIT THAT IS ADMINISTERED BY THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE
AND that requires participants to be citizens of the United States, legal residents of
the United States or otherwise lawfully present in the United States, shall submit
documentation AT LEAST ONE OF THE FOLLOWING DOCUMENTS to the entity that
administers the state FEDERAL public program BENEFIT demonstrating
lawful presence in the United States: . Self-declaration of lawful presence,
even if made under penalty of perjury, is not sufficient by itself to demonstrate lawful
presence in the United States.
1. AN ARIZONA DRIVER LICENSE ISSUED AFTER 1996 OR AN ARIZONA NONOPERATING
IDENTIFICATION LICENSE.
2. A BIRTH CERTIFICATE OR DELAYED BIRTH CERTIFICATE ISSUED IN ANY STATE,
TERRITORY OR POSSESSION OF THE UNITED STATES.
3. A UNITED STATES CERTIFICATE OF BIRTH ABROAD.
4. A UNITED STATES PASSPORT.
5. A FOREIGN PASSPORT WITH A UNITED STATES VISA.
6. AN I-94 FORM WITH A PHOTOGRAPH.
7. A UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES EMPLOYMENT
AUTHORIZATION DOCUMENT OR REFUGEE TRAVEL DOCUMENT.
8. A UNITED STATES CERTIFICATE OF NATURALIZATION.
9. A UNITED STATES CERTIFICATE OF CITIZENSHIP.
10. A TRIBAL CERTIFICATE OF INDIAN BLOOD.
11. A TRIBAL OR BUREAU OF INDIAN AFFAIRS AFFIDAVIT OF BIRTH.
B. FOR THE PURPOSES OF ADMINISTERING THE ARIZONA HEALTH CARE COST CONTAINMENT
SYSTEM, DOCUMENTATION OF CITIZENSHIP AND LEGAL RESIDENCE SHALL CONFORM WITH THE
REQUIREMENTS OF TITLE XIX OF THE SOCIAL SECURITY ACT.
C. TO THE EXTENT PERMITTED BY FEDERAL LAW, AN AGENCY OF THIS STATE OR
POLITICAL SUBDIVISION OF THIS STATE MAY ALLOW TRIBAL MEMBERS, THE ELDERLY AND PERSONS
WITH DISABILITIES OR INCAPACITY OF THE MIND OR BODY TO PROVIDE DOCUMENTATION AS SPECIFIED
IN SECTION 6036 OF THE FEDERAL DEFICIT REDUCTION ACT OF 2005 (P.L. 109-171; 120 STAT. 81)
AND RELATED FEDERAL GUIDANCE IN LIEU OF THE DOCUMENTATION REQUIRED BY THIS SECTION.
D. ANY PERSON WHO APPLIES FOR FEDERAL PUBLIC BENEFITS SHALL SIGN A SWORN
AFFIDAVIT STATING THAT THE DOCUMENTS PRESENTED PURSUANT TO SUBSECTION A ARE TRUE UNDER
PENALTY OF PERJURY.
E. FAILURE TO REPORT DISCOVERED VIOLATIONS OF FEDERAL IMMIGRATION LAW BY AN
EMPLOYEE OF AN AGENCY OF THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE THAT
ADMINISTERS ANY FEDERAL PUBLIC BENEFIT IS A CLASS 2 MISDEMEANOR. IF THAT EMPLOYEE'S
SUPERVISOR KNEW OF THE FAILURE TO REPORT AND FAILED TO DIRECT THE EMPLOYEE TO MAKE THE
REPORT, THE SUPERVISOR IS GUILTY OF A CLASS 2 MISDEMEANOR.
B. F. This section shall be enforced without regard to race, color,
religion, sex, age, disability or national origin.
C. For the purposes of this section, "self-declaration" means a written or oral
declaration without additional proof, even if made under penalty of perjury, that the
person is a citizen of the United States, legal resident of the United States or
otherwise lawfully present in the United States.
G. ANY PERSON WHO IS A RESIDENT OF THIS STATE HAS STANDING IN ANY COURT OF
RECORD TO BRING SUIT AGAINST ANY AGENT OR AGENCY OF THIS STATE OR ITS POLITICAL
SUBDIVISIONS TO REMEDY ANY VIOLATION OF ANY PROVISION OF THIS SECTION, INCLUDING AN
ACTION FOR MANDAMUS. COURTS SHALL GIVE PREFERENCE TO ACTIONS BROUGHT UNDER THIS SECTION
OVER OTHER CIVIL ACTIONS OR PROCEEDINGS PENDING IN THE COURT.
H. FOR THE PURPOSES OF THIS SECTION, "FEDERAL PUBLIC BENEFIT" HAS THE SAME
MEANING PRESCRIBED IN 8 UNITED STATES CODE SECTION 1611.
Sec. 2. Title 1, chapter 5, article 1, Arizona Revised Statutes, is amended by
adding section 1-502, to read:
1-502. Eligibility for state or local public
benefits; documentation; violation; classification; citizen suits;
definition
A. NOTWITHSTANDING ANY OTHER STATE LAW AND TO THE EXTENT PERMITTED BY FEDERAL
LAW, ANY AGENCY OF THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE THAT ADMINISTERS
ANY STATE OR LOCAL PUBLIC BENEFIT SHALL REQUIRE EACH PERSON WHO APPLIES FOR THE STATE OR
LOCAL PUBLIC BENEFIT TO SUBMIT AT LEAST ONE OF THE FOLLOWING DOCUMENTS TO THE ENTITY THAT
ADMINISTERS THE STATE OR LOCAL PUBLIC BENEFIT DEMONSTRATING LAWFUL PRESENCE IN THE UNITED
STATES:
1. AN ARIZONA DRIVER LICENSE ISSUED AFTER 1996 OR AN ARIZONA NONOPERATING
IDENTIFICATION LICENSE.
2. A BIRTH CERTIFICATE OR DELAYED BIRTH CERTIFICATE ISSUED IN ANY STATE,
TERRITORY OR POSSESSION OF THE UNITED STATES.
3. A UNITED STATES CERTIFICATE OF BIRTH ABROAD.
4. A UNITED STATES PASSPORT.
5. A FOREIGN PASSPORT WITH A UNITED STATES VISA.
6. AN I-94 FORM WITH A PHOTOGRAPH.
7. A UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES EMPLOYMENT
AUTHORIZATION DOCUMENT OR REFUGEE TRAVEL DOCUMENT.
8. A UNITED STATES CERTIFICATE OF NATURALIZATION.
9. A UNITED STATES CERTIFICATE OF CITIZENSHIP.
10. A TRIBAL CERTIFICATE OF INDIAN BLOOD.
11. A TRIBAL OR BUREAU OF INDIAN AFFAIRS AFFIDAVIT OF BIRTH.
B. FOR THE PURPOSES OF ADMINISTERING THE ARIZONA HEALTH CARE COST CONTAINMENT
SYSTEM, DOCUMENTATION OF CITIZENSHIP AND LEGAL RESIDENCE SHALL CONFORM WITH THE
REQUIREMENTS OF TITLE XIX OF THE SOCIAL SECURITY ACT.
C. TO THE EXTENT PERMITTED BY FEDERAL LAW, AN AGENCY OF THIS STATE OR
POLITICAL SUBDIVISION OF THIS STATE MAY ALLOW TRIBAL MEMBERS, THE ELDERLY AND PERSONS
WITH DISABILITIES OR INCAPACITY OF THE MIND OR BODY TO PROVIDE DOCUMENTATION AS SPECIFIED
IN SECTION 6036 OF THE FEDERAL DEFICIT REDUCTION ACT OF 2005 (P.L. 109-171; 120 STAT. 81)
AND RELATED FEDERAL GUIDANCE IN LIEU OF THE DOCUMENTATION REQUIRED BY THIS SECTION.
D. ANY PERSON WHO APPLIES FOR STATE OR LOCAL PUBLIC BENEFITS SHALL SIGN A
SWORN AFFIDAVIT STATING THAT THE DOCUMENTS PRESENTED PURSUANT TO SUBSECTION A ARE TRUE
UNDER PENALTY OF PERJURY.
E. FAILURE TO REPORT DISCOVERED VIOLATIONS OF FEDERAL IMMIGRATION LAW BY AN
EMPLOYEE OF AN AGENCY OF THIS STATE OR A POLITICAL SUBDIVISION OF THIS STATE THAT
ADMINISTERS ANY STATE OR LOCAL PUBLIC BENEFIT IS A CLASS 2 MISDEMEANOR. IF THAT
EMPLOYEE'S SUPERVISOR KNEW OF THE FAILURE TO REPORT AND FAILED TO DIRECT THE EMPLOYEE TO
MAKE THE REPORT, THE SUPERVISOR IS GUILTY OF A CLASS 2 MISDEMEANOR.
F. THIS SECTION SHALL BE ENFORCED WITHOUT REGARD TO RACE, COLOR, RELIGION,
SEX, AGE, DISABILITY OR NATIONAL ORIGIN.
G. ANY PERSON WHO IS A RESIDENT OF THIS STATE HAS STANDING IN ANY COURT OF
RECORD TO BRING SUIT AGAINST ANY AGENT OR AGENCY OF THIS STATE OR ITS POLITICAL
SUBDIVISIONS TO REMEDY ANY VIOLATION OF ANY PROVISION OF THIS SECTION, INCLUDING AN
ACTION FOR MANDAMUS. COURTS SHALL GIVE PREFERENCE TO ACTIONS BROUGHT UNDER THIS SECTION
OVER OTHER CIVIL ACTIONS OR PROCEEDINGS PENDING IN THE COURT.
H. FOR THE PURPOSES OF THIS SECTION, "STATE OR LOCAL PUBLIC BENEFIT" HAS THE
SAME MEANING PRESCRIBED IN 8 UNITED STATES CODE SECTION 1621, EXCEPT THAT IT DOES NOT
INCLUDE COMMERCIAL OR PROFESSIONAL LICENSES OR BENEFITS PROVIDED BY THE PUBLIC RETIREMENT
SYSTEMS AND PLANS OF THIS STATE.
Sec. 3. Section 4-115, Arizona Revised Statutes, is amended to read:
4-115. Disposition of fees and penalties
A. Unless otherwise provided, all license, registration, and other fees and
all penalties collected pursuant to this title shall be deposited, pursuant to sections
35-146 and 35-147, IN THE LIQUOR LICENSES FUND ESTABLISHED BY SECTION 4-120, EXCEPT
THAT MONIES IN EXCESS OF THE ANNUAL LEGISLATIVE APPROPRIATION TO THE DEPARTMENT SHALL BE
DEPOSITED, PURSUANT TO SECTIONS 35-146 AND 35-147, IN THE STATE GENERAL FUND.
B. Two-thirds of the license fees collected pursuant to this title in each county
shall be deposited, pursuant to sections 35-146 and 35-147, IN THE LIQUOR LICENSES
FUND ESTABLISHED BY SECTION 4-120, EXCEPT THAT MONIES IN EXCESS OF THE ANNUAL LEGISLATIVE
APPROPRIATION TO THE DEPARTMENT SHALL BE DEPOSITED, PURSUANT TO SECTIONS 35-146 AND
35-147, in the state general fund. One-third of the license fees collected in each
county with a population of five hundred thousand persons or less as shown by the most
recent United States decennial census shall be paid monthly by the director to the county
treasurer of that county. For each county with a population of more than five hundred
thousand persons as shown by the most recent United States decennial census, the director
shall pay monthly to the county treasurer from the remaining one-third of the license
fees three thousand dollars for each new license issued for premises in unincorporated
areas of that county but not more than one hundred fifty thousand dollars annually. The
remainder of the one-third of the license fees collected for premises in each county with
a population of more than five hundred thousand persons as shown by the most recent
United States decennial census shall be deposited in the state general fund.
Sec. 4. Title 4, chapter 1, article 2, Arizona Revised Statutes, is amended by
adding section 4-120, to read:
4-120. Liquor licenses fund; exemption
A. THE LIQUOR LICENSES FUND IS ESTABLISHED CONSISTING OF MONIES DEPOSITED
PURSUANT TO SECTION 4-115. THE DEPARTMENT OF LIQUOR LICENSES AND CONTROL SHALL ADMINISTER
THE FUND. THE AMOUNT DEPOSITED IN THE FUND EACH YEAR SHALL NOT EXCEED THE AMOUNT
APPROPRIATED BY THE LEGISLATURE.
B. MONIES IN THE FUND ARE SUBJECT TO LEGISLATIVE APPROPRIATION.
C. MONIES IN THE FUND ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-190
RELATING TO LAPSING OF APPROPRIATIONS, EXCEPT THAT ANY MONIES REMAINING IN THE FUND IN
EXCESS OF SEVEN HUNDRED THOUSAND DOLLARS AT THE END OF EACH FISCAL YEAR REVERTS TO THE
STATE GENERAL FUND.
Sec. 5. Section 9-463.05, Arizona Revised Statutes, is amended to read:
9-463.05. Development fees; imposition by
cities and towns; infrastructure improvements plan; annual
report; limitation on actions; definitions
A. A municipality may assess development fees to offset costs to the municipality
associated with providing necessary public services to a development, including the costs
of infrastructure, improvements, real property, engineering and architectural services,
financing, other capital costs and associated appurtenances, equipment, vehicles,
furnishings and other personalty.
B. Development fees assessed by a municipality under this section are subject to
the following requirements:
1. Development fees shall result in a beneficial use to the development.
2. Monies received from development fees assessed pursuant to this section shall be
placed in a separate fund and accounted for separately and may only be used for the
purposes authorized by this section. Monies received from a development fee identified in
an infrastructure improvements plan adopted or amended pursuant to subsection D of this
section shall be used to provide the same category of necessary public service for which
the development fee was assessed FOR THE BENEFIT OF THE SAME AREA, AS DEFINED IN THE
INFRASTRUCTURE IMPROVEMENTS PLAN, WITHIN WHICH THE DEVELOPMENT FEE WAS ASSESSED.
Interest earned on monies in the separate fund shall be credited to the fund.
3. The schedule for payment of fees shall be provided by the
municipality. BASED ON THE COST IDENTIFIED IN THE INFRASTRUCTURE IMPROVEMENTS PLAN,
the municipality shall provide a credit toward the payment of a development fee for
the required OR AGREED TO dedication of public sites, improvements and other
necessary public services included in the infrastructure improvements plan and for which
a development fee is assessed, to the extent the public sites, improvements and necessary
public services are provided by the developer. The developer of residential dwelling
units shall be required to pay development fees when construction permits for the
dwelling units are issued, or at a later time if specified in a development agreement
pursuant to section 9-500.05. If a development agreement provides for fees to be paid at
a time later than the issuance of construction permits, the deferred fees shall be paid
no later than fifteen days after the issuance of a certificate of occupancy. The
development agreement shall provide for the value of any deferred fees to be supported by
appropriate security, including a surety bond, letter of credit or cash bond.
4. The amount of any development fees assessed pursuant to this section must bear a
reasonable relationship to the burden imposed upon ON the municipality to
provide additional necessary public services to the development. The municipality, in
determining the extent of the burden imposed by the development, shall consider,
among other things, FORECAST the contribution made or to be made in the
future in cash or by taxes, fees, or assessments by OR OTHER SOURCES OF
REVENUE DERIVED FROM the property owner towards the capital costs of the necessary
public service covered by the development fee AND SHALL INCLUDE THESE CONTRIBUTIONS IN
DETERMINING THE EXTENT OF THE BURDEN IMPOSED BY THE DEVELOPMENT.
5. If development fees are assessed by a municipality, such fees shall be assessed
in a nondiscriminatory manner.
6. In determining and assessing a development fee applying to land in a community
facilities district established under title 48, chapter 4, article 6, the municipality
shall take into account all public infrastructure provided by the district and capital
costs paid by the district for necessary public services and shall not assess a portion
of the development fee based on the infrastructure or costs.
C. A municipality shall give at least sixty days' advance notice of intention to
assess a new or modified development fee and shall release to the public a written report
that identifies the methodology for calculating the amount of the development fee,
explains the relationship between the development fee and the infrastructure improvements
plan, includes documentation that supports the assessment of a new or modified
development fee and identifies any index or indices to be used for automatic adjustment
of the development fee pursuant to subsection F G of this section and the
timing of those adjustments. The municipality shall conduct a public hearing on the
proposed new or modified development fee at any time after the expiration of the sixty
day notice of intention to assess a new or modified development fee and at least thirty
days prior to the scheduled date of adoption of the new or modified fee by the governing
body. A development fee assessed pursuant to this section shall not be effective until
seventy-five days after its formal adoption by the governing body of the municipality.
Nothing in this subsection shall affect any development fee adopted prior to July 24,
1982.
D. Before the assessment of a new or modified development fee, the governing body
of the municipality shall adopt or amend an infrastructure improvements plan. The
municipality shall conduct a public hearing on the infrastructure improvements plan at
least thirty days before the adoption or amendment of the plan. The municipality shall
release the plan to the public, make available to the public the documents used to
prepare the plan and provide public notice at least sixty days before the public hearing,
subject to the following:
1. An infrastructure improvements plan may be adopted concurrently with the report
required by subsection C of this section, and the municipality may provide for and
schedule the notices and hearings required by this subsection together with the notices
and hearings required by subsection C of this section.
2. A municipality may amend an infrastructure improvements plan without a public
hearing if the amendment addresses only elements of necessary public services that are
included in the existing infrastructure improvements plan. The municipality shall provide
public notice of those amendments at least fourteen days in advance of their effective
date.
E. For each necessary public service that is the subject of a development fee, the
infrastructure improvements plan shall:
1. Estimate future necessary public services that will be required as a result of
new development IN THE AREA, AS DEFINED IN THE INFRASTRUCTURE IMPROVEMENTS PLAN,
WITHIN WHICH THE DEVELOPMENT FEE WILL BE ASSESSED and the basis for the estimate,
INCLUDING A COMPARISON OF THE NECESSARY PUBLIC SERVICES PROVIDED TO EXISTING DEVELOPMENT
AND THE NECESSARY PUBLIC SERVICES TO BE PROVIDED TO NEW DEVELOPMENT.
2. Forecast the costs of infrastructure, improvements, real property, financing,
other capital costs and associated appurtenances, equipment, vehicles, furnishings and
other personalty that will be associated with meeting those future needs for necessary
public services.
3. FORECAST THE REVENUE SOURCES THAT WILL BE AVAILABLE TO FUND THE NECESSARY
PUBLIC SERVICES and estimate the time required to finance and provide the necessary
public services.
F. EXCEPT FOR ADJUSTMENTS PURSUANT TO SUBSECTION G OF THIS SECTION, A
MUNICIPALITY'S DEVELOPMENT FEE ORDINANCE SHALL PROVIDE THAT A NEW DEVELOPMENT FEE OR AN
INCREASED PORTION OF A MODIFIED DEVELOPMENT FEE SHALL NOT BE ASSESSED AGAINST A
DEVELOPMENT FOR TWENTY-FOUR MONTHS AFTER THE DATE OF THE MUNICIPALITY'S FINAL APPROVAL OF
THE DEVELOPMENT IF NO MATERIAL CHANGES ARE MADE TO THE SITE PLAN OR SUBDIVISION PLAT THAT
WAS THE SUBJECT OF THE FINAL APPROVAL. THE TWENTY-FOUR MONTH PERIOD SHALL NOT BE EXTENDED
BY A RENEWAL OR AMENDMENT OF THE SITE PLAN OR THE FINAL SUBDIVISION PLAT THAT WAS THE
SUBJECT OF THE FINAL APPROVAL. THE MUNICIPALITY SHALL ISSUE, ON REQUEST, A WRITTEN
STATEMENT OF THE DEVELOPMENT FEE SCHEDULE APPLICABLE TO THE DEVELOPMENT.
F. G. A municipality may automatically adjust a development fee on an
annual basis without a public hearing if the adjustment is based on a nationally
recognized index applicable to the cost of the necessary public service that is the
subject of the development fee and the adjustment mechanism is identified in the report
required by subsection C of this section. The municipality shall provide public notice of
those adjustments at least thirty days in advance of their effective date.
G. H. Each municipality that assesses development fees shall submit an
annual report accounting for the collection and use of the fees. The annual report shall
include the following:
1. The amount assessed by the municipality for each type of development fee.
2. The balance of each fund maintained for each type of development fee assessed as
of the beginning and end of the fiscal year.
3. The amount of interest or other earnings on the monies in each fund as of the
end of the fiscal year.
4. The amount of development fee monies used to repay:
(a) Bonds issued by the municipality to pay the cost of a capital improvement
project that is the subject of a development fee assessment.
(b) Monies advanced by the municipality from funds other than the funds established
for development fees in order to pay the cost of a capital improvement project that is
the subject of a development fee assessment.
5. The amount of development fee monies spent on each capital improvement project
that is the subject of a development fee assessment and the physical location of each
capital improvement project.
6. The amount of development fee monies spent for each purpose other than a capital
improvement project that is the subject of a development fee assessment.
H. I. Within ninety days following the end of each fiscal year, each
municipality shall submit a copy of the annual report to the city clerk. Copies shall be
made available to the public on request. The annual report may contain financial
information that has not been audited.
I. J. A municipality that fails to file the report required by this
section shall not collect development fees until the report is filed.
J. K. Any action to collect a development fee shall be commenced within
two years after the obligation to pay the fee accrues.
K. L. For the purposes of this section: ,
1. "FINAL APPROVAL" MEANS:
(a) FOR A NONRESIDENTIAL OR MULTIFAMILY DEVELOPMENT, THE APPROVAL OF A
SITE PLAN OR, IF NO SITE PLAN IS SUBMITTED FOR THE DEVELOPMENT, THE APPROVAL OF A FINAL
SUBDIVISION PLAT.
(b) FOR A SINGLE FAMILY RESIDENTIAL DEVELOPMENT, THE APPROVAL OF A
FINAL SUBDIVISION PLAT.
2. "Infrastructure improvements plan" means one or more written plans that
individually or collectively identify each public service that is proposed to be the
subject of a development fee and otherwise complies with the requirements of this
section, and may be the municipality's capital improvements plan.
Sec. 6. Title 9, chapter 7, article 1, Arizona Revised Statutes, is amended by
adding section 9-805, to read:
9-805. Building code moratorium on residential
and commercial buildings
BEGINNING JUNE 30, 2009 THROUGH JUNE 30, 2011, ANY NEW OR MODIFIED RESIDENTIAL OR
COMMERCIAL BUILDING CODE OR OTHER RELATED CODE THAT IS ADOPTED BY A MUNICIPALITY DOES NOT
APPLY TO A RESIDENTIAL OR COMMERCIAL BUILDING THAT RECEIVED A FINAL SITE PLAN OR
SUBDIVISION PLAT, PLANNED AREA DEVELOPMENT OR SIMILAR APPROVAL BY A MUNICIPALITY BEFORE
JUNE 1, 2009. THIS SECTION DOES NOT PROHIBIT ANY CODE CHANGES TO THE EXTENT AND DURATION
REQUIRED TO COMPLY WITH CONDITIONS FOR FEDERAL STIMULUS FUNDING.
Sec. 7. Section 11-356, Arizona Revised Statutes, as amended by Laws 2009, chapter
45, section 3, is amended to read:
11-356. Dismissal, suspension or reduction in
rank of employees; appeals; hearings
A. Any officer or employee in the classified civil service may be dismissed,
suspended or reduced in rank or compensation by the appointing authority after
appointment or promotion is complete only by written order, stating specifically the
reasons for the action. The order shall be filed with the clerk of the board of
supervisors and a copy shall be furnished to the person to be dismissed, suspended or
reduced.
B. The officer or employee, within ten days after presentation to him of the order,
may appeal the order through the clerk of the commission. On the filing of the appeal,
the clerk of the commission shall immediately transmit the order and appeal to the
commission for a hearing.
C. Within twenty days after receiving the order and appeal, the commission shall
set a date for a hearing of the appeal. The appellant may appear personally, produce
evidence, have counsel and, if requested by the appellant, request a public hearing.
D. The commission may appoint a hearing officer to conduct the hearing and take
evidence on behalf of the commission. If a hearing officer is appointed to conduct the
hearing, on conclusion of the hearing the hearing officer shall submit proposed findings
of fact, conclusions of law and a recommendation to the commission.
E. In any appeal of a dismissal, suspension or reduction in rank in which a single
hearing officer has been appointed to conduct the appeal hearing, the officer or employee
or the employer may request a change of hearing officer. On the first request of a party,
the commission shall grant the request. The commission may grant all other requests only
on a showing that a fair and impartial hearing cannot be obtained due to the prejudice of
the assigned hearing officer. The chairperson of the commission shall decide whether a
sufficient showing of prejudice has been made.
F. Following the hearing, or if a hearing officer has been appointed, following
receipt of the hearing officer's proposed findings of fact, conclusions of law and
recommendation, the commission shall either affirm, modify or revoke the order.
G. The findings and decision of the commission shall be final and shall be subject
to administrative review as provided in title 12, chapter 7, article 6.
H. THIS SECTION DOES NOT APPLY TO FURLOUGHS OF CLASSIFIED EMPLOYEES IF THE
FURLOUGHS ARE UNDERTAKEN TO ADDRESS BUDGET SHORTFALLS OR STRUCTURAL INBALANCE.
Sec. 8. Section 11-1102, Arizona Revised Statutes, is amended to read:
11-1102. County development fees; annual
report
A. If a county has adopted a capital improvements plan, the county may assess
development fees within the covered planning area in order to offset the capital costs
for water, sewer, streets, parks and public safety facilities determined by the plan to
be necessary for public services provided by the county to a development in the planning
area.
B. Development fees assessed under this section are subject to the following
requirements:
1. Development fees shall result in a beneficial use to the development.
2. Monies received from development fees shall be placed in a separate fund and
accounted for separately and may only be used for the purposes authorized by this
section. Interest earned on monies in the separate fund shall be credited to the fund.
3. The county shall prescribe the schedule for paying the development fees. The
county shall provide a credit toward the payment of the fee for the required dedication
of public sites and improvements provided by the developer for which that fee is
assessed. The developer of residential dwelling units shall be required to pay the fees
when construction permits for the dwelling units are issued.
4. The amount of any development fees must bear a reasonable relationship to the
burden of capital costs imposed on the county to provide additional necessary public
services to the development. In determining the extent of the burden imposed by the
development, the county shall consider, among other things, the contribution made or to
be made in the future in cash by taxes, fees or assessments by the property owner toward
the capital costs of the necessary public service covered by the development fee.
5. Development fees shall be assessed in a nondiscriminatory manner.
6. In determining and assessing a development fee applying to land in a community
facilities district established under title 48, chapter 4, article 6, the county shall
take into account all public infrastructure provided by the district and capital costs
paid by the district for necessary public services and shall not assess a portion of the
development fee based on the infrastructure or costs.
7. THE COUNTY SHALL NOT ASSESS OR COLLECT DEVELOPMENT FEES FROM A SCHOOL
DISTRICT OR CHARTER SCHOOL, OTHER THAN FEES ASSESSED OR COLLECTED FOR STREETS AND WATER
AND SEWER UTILITY FUNCTIONS.
C. Before assessing or increasing a development fee, the county shall:
1. Give at least one hundred twenty days' advance notice of intention to assess a
new or increased development fee.
2. Release to the public a written report including all documentation that supports
the assessment of a new or increased development fee.
3. Conduct a public hearing on the proposed new or increased development fee at any
time after the expiration of the one hundred twenty day notice of intention to assess a
new or increased development fee and at least fourteen days before the scheduled date of
adoption of the new or increased fee.
D. A development fee assessed pursuant to this section is not effective for at
least ninety days after its formal adoption by the board of supervisors.
E. Each county that assesses development fees shall submit an annual report
accounting for the collection and use of the fees. The annual report shall include the
following:
1. The amount assessed by the county for each type of development fee.
2. The balance of each fund maintained for each type of development fee assessed as
of the beginning and end of the fiscal year.
3. The amount of interest or other earnings on the monies in each fund as of the
end of the fiscal year.
4. The amount of development fee monies used to repay:
(a) Bonds issued by the county to pay the cost of a capital improvement project
that is the subject of a development fee assessment.
(b) Monies advanced by the county from funds other than the funds established for
development fees in order to pay the cost of a capital improvement project that is the
subject of a development fee assessment.
5. The amount of development fee monies spent on each capital improvement project
that is the subject of a development fee assessment and the physical location of each
capital improvement project.
6. The amount of development fee monies spent for each purpose other than a capital
improvement project that is the subject of a development fee assessment.
F. Within ninety days following the end of each fiscal year, each county shall
submit a copy of the annual report to the clerk of the board of supervisors. Copies shall
be made available to the public on request. The annual report may contain financial
information that has not been audited.
G. A county that fails to file the report required by this section shall not
collect development fees until the report is filed.
H. This section does not affect any development fee adopted before May 18, 2000.
Sec. 9. Section 20-1550, Arizona Revised Statutes, is amended to read:
20-1550. Minimum policyholder position;
definitions
A. A mortgage guaranty insurer shall maintain at all times a minimum policyholder
position in an amount not less than the amount required by this section. The face amount
of the mortgage shall include reinsurance assumed and shall be calculated net of
reinsurance that is ceded to an insurer either:
1. Authorized to transact insurance or accredited to assume reinsurance in this
state.
2. Pursuant to section 20-1557, subsection C.
3. Otherwise approved by the director.
B. If a policy of mortgage guaranty insurance insures individual loans with a
percentage claim settlement option on the loans, the insurer shall maintain a minimum
policyholder position based on each one hundred dollars of the face amount of the
mortgage, the percentage coverage or claim settlement option and the loan-to-value
category. The required amount of minimum policyholder position is calculated in the
following manner:
1. If the total indebtedness is greater than seventy-five per cent of the value of
the collateral property at the date of insurance, the following applies:
Minimum policyholder
position per one hundred
Per cent dollars of the face
coverage amount of the mortgage
5% $ .20
10 .40
15 .60
20 .80
25 1.00
30 1.10
35 1.20
40 1.30
45 1.35
50 1.40
55 1.50
60 1.55
65 1.60
70 1.65
75 1.75
80 1.80
85 1.85
90 1.90
95 1.95
100 2.00
If the per cent coverage is between any five percentage point increment, the factor for
minimum policyholder position per one hundred dollars of the face amount of the mortgage
shall be prorated.
2. If the total indebtedness is at least fifty per cent and not more than
seventy-five per cent of the value of the collateral property at the date of insurance,
the required amount of minimum policyholder position is fifty per cent of the amount
required by paragraph 1 of this subsection.
3. If the total indebtedness is less than fifty per cent of the value of the
collateral property at the date of insurance, the required amount of minimum policyholder
position is twenty-five per cent of the amount required by paragraph 1 of this
subsection.
C. If a policy of mortgage guaranty insurance provides coverage on a pool of loans
subject to an aggregate loss limit and if the equity:
1. Is not more than fifty per cent and not less than twenty per cent, or equity
plus any prior insurance or a deductible equals twenty-five per cent of the value of the
collateral property at the date of insurance, the required amount of minimum policyholder
position is calculated as follows:
Minimum policyholder
position per one hundred
Per cent dollars of the face
coverage amount of the mortgage
1% $ .30
5 .50
10 .60
15 .65
20 .70
25 .75
30 .775
40 .80
50 .825
60 .85
70 .875
75 .90
80 .925
90 .95
1.00 100 1.00
If the per cent coverage is between any specified increment, the factor for minimum
policyholder position per one hundred dollars of the face amount of the mortgage shall be
prorated.
2. Is less than twenty per cent or the equity plus prior insurance or a deductible
is less than twenty-five per cent of the value of the collateral property at the date of
insurance, the required amount of minimum policyholder position is two hundred per cent
of the amount required by paragraph 1 of this subsection.
3. Is more than fifty per cent or the equity plus prior insurance or a deductible
is more than fifty-five per cent of the value of the collateral property at the date of
insurance, the required amount of minimum policyholder position is fifty per cent of the
amount of minimum policyholder position required by paragraph 1 of this subsection.
D. If a policy of mortgage guaranty insurance provides for layers of coverage,
deductibles or excess reinsurance, the required amount of minimum policyholder position
may be computed by subtracting the required minimum policyholder position for the lower
percentage coverage limits from the required minimum policyholder position for the upper
or greater coverage limit.
E. If a policy of mortgage guaranty insurance provides for coverage on loans
secured by second liens:
1. If the policy provides coverage on individual loans, the required amount of
minimum policyholder position is calculated according to subsection B after the per cent
of coverage and the loan-to-value ratios have been determined as follows:
(a) Divide the insured portion of the second loan by the entire loan indebtedness
on the collateral property to determine the per cent coverage.
(b) Divide the entire loan indebtedness on the property by the value of the
collateral property at the date of insurance to determine loan-to-value per cent.
2. If the policy provides coverage on a group of loans subject to an aggregate loss
limit, the minimum policyholder position is calculated according to subsection C after
the per cent of coverage and the loan-to-value ratios have been determined in accordance
with this subsection.
F. If a policy of mortgage guaranty insurance provides for coverage on leases, the
minimum policyholder position is four dollars for each one hundred dollars of the insured
amount of the lease.
G. If a mortgage guaranty insurer does not have the amount of minimum policyholder
position required by this section, THE DIRECTOR MAY REQUIRE THAT it shall cease
transacting new business until such time that its minimum policyholder position is in
compliance with this section.
H. A mortgage guaranty insurer shall include with its annual statement a report of
its minimum policyholder position on a form approved by the director.
I. For the purposes of this section, except as otherwise provided:
1. "Equity" means the complement of the loan-to-value per cent.
2. "Face amount of the mortgage" means the outstanding principal balance computed
without any reduction because of an insurer's option limiting its coverage, except that
for the purposes of determining a minimum policyholder position under subsection E "face
amount of the mortgage" means the entire loan indebtedness on the property.
Sec. 10. Section 32-516, Arizona Revised Statutes, is amended to read:
32-516. Aestheticians; cosmetic laser and IPL
device use; certification; fees; definitions
A. An aesthetician who wishes to perform cosmetic laser procedures and procedures
using IPL devices must:
1. Apply for and receive a certificate from the agency.
2. Comply with the requirements of this section and agency rules.
3. Successfully complete forty hours of didactic training as required by agency
rules at an agency certified training program. The program shall provide a provisional
certificate to the applicant verifying the successful completion of the didactic
training.
4. For hair removal, complete hands-on training that is supervised by a health
professional who is acting within the health professional's scope of practice or by a
laser technician who has a minimum of one hundred hours of hands-on experience per
procedure. The health professional or laser technician must be present in the room
during twenty-four hours of actual hands-on use of lasers or IPL devices. The
supervising health professional or laser technician shall verify that the aesthetician
has completed the training and supervision as prescribed by this section.
5. For other cosmetic laser and IPL device procedures, complete a minimum of an
additional twenty-four hours of hands-on training of at least ten cosmetic procedures for
each type of specific procedure that is supervised by a health professional who is acting
within the health professional's scope of practice or by a laser technician who has a
minimum of one hundred hours of hands-on experience per procedure. The health
professional or laser technician must be present in the room during twenty-four hours of
actual hands-on use of lasers or IPL devices. The supervising health professional or
laser technician shall verify that the aesthetician has completed the training and
supervision as prescribed by this section.
6. Submit to the agency the provisional certificate from the training program and
certification by the health professional or laser technician who directly supervised the
applicant in the room during the hands-on training.
B. The agency shall issue a laser technician certificate authorizing the
aesthetician to use lasers and IPL devices if the applicant has completed the training
for hair removal or lasers and IPL devices for other cosmetic procedures, as applicable,
and shall maintain a current register of those laser technicians in good standing and
whether certification is for hair removal only or other cosmetic procedures as well. The
agency may establish a fee for the registration of aestheticians as laser technicians and
the issuance of certificates pursuant to this subsection. The agency shall deposit monies
collected pursuant to this subsection in the laser safety fund established by section
32-3234.
C. An aesthetician who has been certified as a laser technician by the agency may
use a laser or IPL device:
1. For hair removal under the indirect supervision of a health professional whose
scope of practice permits the supervision.
2. For cosmetic purposes other than hair removal if the aesthetician is directly
supervised by a health professional whose scope of practice permits the supervision and
the aesthetician has been certified in those procedures.
D. The board shall investigate any complaint from the public or from another board
or agency regarding a licensed aesthetician who performs cosmetic laser procedures or
procedures using IPL devices pursuant to this section. The board shall report to the
agency any complaint it receives about the training or performance of an aesthetician who
is certified as a laser technician.
E. An aesthetician who has been using laser and IPL devices before the effective
date of this AMENDMENT TO THIS section may continue to do so if the aesthetician
applies for and receives a certificate pursuant to this section within one year after
the effective date of this section BEFORE OCTOBER 1, 2010.
F. For the purposes of this section:
1. "Agency" means the radiation regulatory agency.
2. "Directly supervised" means a health professional who is licensed in this state
and whose scope of practice allows the supervision supervises the use of a laser or IPL
device for cosmetic purposes while the health professional is present at the facility
where and when the device is being used.
3. "Health professional" means a person licensed pursuant to chapter 13, 14,
15, 17 or 25 of this title.
4. "Indirect supervision" means supervision by a health professional who is
licensed in this state, and whose scope of practice allows the supervision and
who is readily accessible by telecommunication.
5. "IPL device" means an intense pulse light class II surgical device certified in
accordance with the standards of the agency for cosmetic procedures.
6. "Laser" means any device that can produce or amplify electromagnetic radiation
with wavelengths in the range of one hundred eighty nanometers to one millimeter
primarily by the process of controlled stimulated emission and certified in accordance
with the standards for the agency for cosmetic procedures.
7. "Laser technician" means a person who is or has been certified by the agency
pursuant to its rules and chapter 32, article 2 of this title.
Sec. 11. Section 32-702, Arizona Revised Statutes, is amended to read:
32-702. Arizona state board of accountancy;
membership; administrative duties; compensation
A. The Arizona state board of accountancy is established to administer and enforce
this chapter.
B. The board consists of seven members who are residents of this state and who are
appointed by the governor as follows:
1. Five members who currently hold valid certificates issued pursuant to this
chapter. At least three of these members must be in active public practice as certified
public accountants. No more than one of these members may be from the same firm. If a
member's certificate is on probation, revoked or suspended, the member's appointment
automatically terminates and the position becomes vacant.
2. Two public members who do not hold a certificate issued pursuant to this chapter
but who have professional or practical experience in using accounting services and
financial statements and who are qualified to make judgments about the qualifications and
conduct of persons and firms subject to this chapter.
C. The term of office of members of the board is five years, beginning and ending
on July 3, except that the governor may remove any member for neglect of duty or other
just cause. The governor shall fill vacancies by appointment for the unexpired term. A
person who has served a complete term is not eligible for reappointment for a period of
one year.
D. The board shall annually elect a president, secretary and treasurer from among
its members. The president, secretary or treasurer may sign and approve claims filed
against the board of accountancy fund to pay expenses incurred under this chapter.
E. The board shall have a seal that shall be judicially noticed.
F. The board shall retain or provide for retention of the following according to
its retention schedule pursuant to section 41-1351:
1. All documents under oath that are filed with the board.
2. Records of its proceedings.
G. Each member of the board OR MEMBER OF AN ACCOUNTING AND AUDITING, TAX, PEER
REVIEW, LAW, CERTIFICATION OR CONTINUING PROFESSIONAL EDUCATION COMMITTEE APPOINTED BY
THE BOARD PURSUANT TO SECTION 32-703, SUBSECTION B, PARAGRAPH 10 is eligible for
compensation of one hundred dollars for each day or part of a day spent, plus
reimbursement for the member's actual and necessary expenses incurred, in discharging the
member's official duties.
Sec. 12. Section 32-703, Arizona Revised Statutes, is amended to read:
32-703. Powers and duties; rules; executive
director; advisory committees and individuals
A. The primary duty of the board is to protect the public from unlawful,
incompetent, unqualified or unprofessional certified public accountants or public
accountants through certification, regulation and rehabilitation.
B. The board may:
1. Investigate complaints filed with the board or on its own motion to determine
whether a certified public accountant or public accountant has engaged in conduct in
violation of this chapter or rules adopted pursuant to this chapter.
2. Establish and maintain high standards of competence, independence and integrity
in the practice of accounting by a certified public accountant or by a public accountant
as required by generally accepted auditing standards and generally accepted accounting
principles and, in the case of publicly held corporations or enterprises offering
securities for sale, in accordance with state or federal securities agency accounting
requirements.
3. Establish reporting requirements that require registrants to report:
(a) The imposition of any discipline on the right to practice before the federal
securities and exchange commission, the internal revenue service, any state board of
accountancy, other government agencies or the public company accounting oversight board.
(b) Any criminal conviction, any civil judgment involving negligence in the
practice of accounting by a certified public accountant or by a public accountant and any
judgment or order as described in section 32-741, subsection A, paragraphs 7 and 8.
4. Establish basic requirements for continuing professional education of certified
public accountants and public accountants, except that the requirements shall not exceed
eighty classroom hours in any registration renewal period.
5. Adopt procedures concerning disciplinary actions, administrative hearings and
consent decisions.
6. Issue to qualified applicants certificates executed for and on behalf of the
board by the signatures of the president and secretary of the board.
7. Adopt procedures and rules concerning examination and grading the examinations
of individuals applying for a certificate as required by this chapter.
8. Require peer review pursuant to rules adopted by the board on a general and
random basis of the professional work of a registrant engaged in the practice of
accounting.
9. Employ an executive director and other personnel that it considers necessary to
administer and enforce this chapter.
10. Appoint ACCOUNTING AND AUDITING, TAX, PEER REVIEW, LAW, CERTIFICATION,
CONTINUING PROFESSIONAL EDUCATION OR OTHER committees or individuals as it considers
necessary to advise or assist the board in administering and enforcing this chapter.
These committees and individuals serve at the pleasure of the board.
11. Take all action that is necessary and proper to effectuate the purposes of this
chapter.
12. Sue and be sued in its official name as an agency of this state.
13. Adopt and amend rules concerning the definition of terms, the orderly conduct of
the board's affairs and the effective administration of this chapter.
C. The board or an authorized agent of the board may:
1. Issue subpoenas to compel the attendance of witnesses or the production of
documents. If a subpoena is disobeyed, the board may invoke the aid of any court in
requiring the attendance and testimony of witnesses and the production of documents.
2. Administer oaths and take testimony.
3. Cooperate with the appropriate authorities in other jurisdictions in
investigation and enforcement concerning violations of this chapter and comparable
statutes of other jurisdictions.
4. Receive evidence concerning all matters within the scope of this chapter.
Sec. 13. Section 32-730, Arizona Revised Statutes, is amended to read:
32-730. Biennial registration; continuing
education; inactive certificates; cancellation
A. Except as provided in subsection C of this section and in section 32-4301, the
board shall biennially require every certified public accountant, public accountant and
firm to register with the board and pay a registration fee of not less than one hundred
nor more than three hundred dollars during the month of the anniversary of the
registrant's birth in the case of an individual or, in the case of a registered firm,
during the month of the anniversary of the effective date of the firm's formation. In
the administration of this section, registrants for less than two years shall be charged
on a pro rata basis for the remainder of the registration period.
B. A certified public accountant or public accountant who is not actively engaged
in the practice of accounting may request that the individual's certificate be placed on
inactive status by meeting the requirements for inactive status and completing the forms
prescribed by the board. A certified public accountant or public accountant whose
certificate has been suspended by the board or against whom disciplinary proceedings have
been initiated may not place or maintain his certificate on inactive status. A certified
public accountant or public accountant who elects to place a certificate on inactive
status:
1. Shall continue to biennially register with the board and pay the required fees.
2. Shall not engage in the practice of accounting for a fee or other compensation
while the individual remains on inactive status.
3. Shall not assume or use the title or designation of "certified public
accountant" or "public accountant" or the abbreviation "C.P.A.", "CPA", "P.A." or "PA"
while the person remains on inactive status.
C. The registration fee for certified public accountants and public accountants may
be reduced or waived by the board for registrants who are at least sixty-five years of
age or who have become disabled to a degree precluding the continuance of their practice
for six months or more prior to the due date of any renewal fee.
D. At the time of registration, every certified public accountant and public
accountant shall as a prerequisite to biennial registration submit to the board
satisfactory proof, in a manner prescribed by the board, that the registrant has
completed the continuing education requirements established by the board. The board may
grant an exemption from continuing professional education requirements for registrants on
a demonstration of good cause as determined by the board.
E. Except as otherwise provided in this chapter, a certified public accountant or
public accountant who elects to place a certificate on inactive status may reactivate the
certificate if the certificate has been inactive for six years or less by doing all of
the following:
1. Filing an application for renewal on the form prescribed by the board and paying
the applicable fees.
2. Submitting proof that the certified public accountant or public accountant has
satisfied continuing education requirements prescribed by the board in its rules.
3. Affirming that the certified public accountant or public accountant has not
engaged in any conduct that would constitute grounds for revocation or suspension of a
certificate pursuant to section 32-741.
F. A registrant may reactivate an inactive certificate pursuant to subsection E of
this section only one time. Reactivation of an inactive certificate pursuant to
subsection E of this section is effective on the date that the application for
reactivation is approved by the board. A certificate that is reactivated pursuant to
subsection E of this section continues in effect through the date prescribed in
subsection A of this section.
G. A certificate that has been inactive for more than six years expires.
H. A certified public accountant or public accountant whose certificate has expired
or been canceled and who does not meet the good cause requirements of section 32-741 may
apply for and reactivate or reinstate the certificate if the certified public accountant
or public accountant meets all of the following requirements:
1. Has not engaged in any conduct that would constitute grounds for revocation or
suspension of a certificate pursuant to section 32-741.
2. Pays all fees required of applicants for initial certification.
3. Takes and passes the examination required of applicants for initial
certification.
I. A certified public accountant or public accountant who is not actively engaged
in the practice of accounting OR WHO QUALIFIES FOR LIMITED RECIPROCITY PRIVILEGE
PURSUANT TO SECTION 32-725 and who does not want to renew or place the certificate on
inactive status may request that the certificate be canceled by submitting a written
request on a form approved by the board. This subsection does not apply if a complaint
has been filed with the board or disciplinary proceedings are pending against the
certified public accountant or public accountant.
J. Each firm established or maintained in this state for the purpose of a certified
public accountant or a public accountant to practice accounting in this state shall
register biennially under this chapter with the board. The board shall not charge a fee
for registration of additional offices of the same firm or sole practitioner. The board
shall prescribe by rule the required registration procedures for this subsection.
K. A firm that is established or maintained in this state for the purpose of a
certified public accountant or a public accountant practicing accounting in this state
and that does not want to renew its registration may cancel its registration by
submitting a written request on a form approved by the board. This subsection does not
apply if a complaint has been filed with the board or disciplinary proceedings are
pending against the firm.
Sec. 14. Section 32-1606, Arizona Revised Statutes, is amended to read:
32-1606. Powers and duties of board
A. The board may:
1. Adopt and revise rules necessary to carry into effect the provisions of this
chapter.
2. Publish advisory opinions regarding functions of professional and practical
nurses.
3. Issue limited licenses if it determines that an applicant or licensee cannot
function safely in a specific setting.
4. Refer criminal violations of this chapter to the appropriate law enforcement
agency.
5. Establish a confidential program for the monitoring of licensees who are
chemically dependent and who enroll in rehabilitation programs that meet the criteria
established by the board. The board may take further action if the licensee refuses to
enter into a stipulated agreement or fails to comply with its terms. In order to protect
the public health and safety the confidentiality requirements of this paragraph do not
apply if the licensee does not comply with the stipulated agreement.
6. Adopt rules for the qualification and certification of clinical nurse
specialists.
7. Adopt rules for the certification of school nurses if the state board of
education does not require school nurses to be certificated.
8. On the applicant's or licensee's request, establish a payment schedule with the
applicant or licensee.
B. The board shall:
1. Establish standards for nursing programs and courses preparing persons for
licensing under this chapter, recognize national nursing accrediting agencies and provide
for surveys of schools it deems necessary.
2. Approve nursing and nursing assistant training programs that meet the
requirements of this chapter and of the board.
3. Prepare and maintain a list of approved nursing programs for professional and
practical nurses whose graduates are eligible for licensing under this chapter as
graduate registered or professional nurses or as practical nurses if they satisfy the
other requirements of this chapter.
4. Examine qualified professional and practical nurse applicants.
5. License and renew the licenses of qualified professional and practical nurse
applicants who are not qualified to be licensed by the executive director.
6. Adopt a seal which the executive director shall keep.
7. Keep a record of all proceedings and make an annual report to the governor on a
date the governor directs.
8. For proper cause, deny or rescind approval of a nursing or nursing assistant
training program for failure to comply with this chapter or the rules of the board.
9. On its own motion or on receipt of a complaint against a person licensed or
certified under this chapter, conduct investigations, hearings and proceedings concerning
any violation of this chapter or the rules adopted by the board.
10. Determine and administer appropriate disciplinary action as provided by this
section against all persons who are licensed or certified under this chapter and who are
found guilty of violating this chapter or rules adopted by the board.
11. Perform functions necessary to carry out the requirements of the nursing
assistant training and competency evaluation program as set forth in the omnibus budget
reconciliation act of 1987 (P.L. 100-203; 101 Stat. 1330), as amended by the medicare
catastrophic coverage act of 1988 (P.L. 100-360; 102 Stat. 683). These functions shall
include:
(a) Testing and certification of nursing assistants.
(b) Maintaining a list of board approved training programs.
(c) Recertifying nursing assistants.
(d) Maintaining a registry of all certified nursing assistants.
(e) Assessing fees.
12. Adopt rules establishing those acts that may be performed by a registered nurse
practitioner in collaboration with a licensed physician.
13. Adopt rules establishing educational requirements for the certification of
school nurses.
14. Publish copies of board rules and distribute these copies on request.
15. Require each applicant for initial licensure to submit a full set of
fingerprints to the board for the purpose of obtaining a state and federal criminal
records check pursuant to section 41-1750 and Public Law 92-544. The department of public
safety may exchange this fingerprint data with the federal bureau of investigation.
16. Require each applicant for initial nursing assistant certification, subject to
appropriations from the state general fund by the legislature to the Arizona state board
of nursing for fingerprinting, to submit a full set of fingerprints to the board for
the purpose of obtaining a state and federal criminal records check pursuant to section
41-1750 and Public Law 92-544. The department of public safety may exchange this
fingerprint data with the federal bureau of investigation.
17. Revoke a license of a person, revoke the multistate licensure privilege of a
person pursuant to section 32-1669 or not issue a license or renewal to an applicant who
has one or more felony convictions and who has not received an absolute discharge from
the sentences for all felony convictions five or more years before the date of filing an
application pursuant to this chapter. This paragraph does not apply to a person who has
filed an application for licensure or renewal before August 1, 1998 and who has disclosed
to the board one or more felony convictions on the person's application.
18. Establish standards for approving nurse practitioner and clinical nurse
specialist programs and provide for surveys of nurse practitioner and clinical nurse
specialist programs as it deems necessary.
19. Provide the licensing authorities of health care institutions, facilities and
homes any information the board receives regarding practices that place a patient's
health at risk.
20. Limit the multistate licensure privilege of any person who holds or applies for
a license in this state pursuant to section 32-1668.
21. Adopt rules to establish competency standards for obtaining and maintaining a
license.
C. The board may take any of the following disciplinary actions against any person
who holds a license to practice nursing in this state:
1. Revoke the license to practice.
2. Suspend the license to practice.
3. Enter a decree of censure, which may require that restitution be made to an
aggrieved party.
4. Issue an order fixing a period and terms of probation best adapted to protect
the public health and safety and rehabilitate the licensed person.
5. Impose a civil penalty for each violation of this chapter, not to exceed one
thousand dollars, either singly or in combination with any disciplinary action permitted
under this subsection.
D. The board may limit, revoke or suspend the privilege of a nurse to practice in
this state granted pursuant TO section 32-1668.
E. Failure to comply with any final order of the board, including an order of
censure or probation, is cause for suspension or revocation of a license or revocation of
a certificate.
F. The president or a member of the board designated by the president may
administer oaths in transacting the business of the board.
Sec. 15. Section 32-3233, Arizona Revised Statutes, is amended to read:
32-3233. Lasers; IPL devices; authorized use;
authorized supervision
A. A health professional may register, operate and use a laser or IPL device
registered with the agency or administer drugs or devices for cosmetic purposes to the
extent the use is allowed by the health professional's scope of practice and the health
professional has completed any training required by the health professional's regulatory
board and the agency.
B. A health professional may supervise another health professional in the use of a
laser or IPL device for cosmetic purposes to the extent the supervision is allowed or
required by the supervising health professional's scope of practice and the supervising
health professional has completed any training required by the supervising health
professional's regulatory board and the agency.
C. The health professional's regulatory board shall investigate any complaint from
the public or another board or agency involving the training, education, supervision or
use of a laser or IPL device. A health professional shall report to the agency any
complaint received about the training or performance of a laser technician.
D. A health professional may supervise a laser technician in the use of a laser or
IPL device for cosmetic purposes if:
1. The health professional is licensed pursuant to chapter 13, 14, 15, 17 or 25 of
this title and the supervision is within the health professional's scope of practice.
2. The supervision does not conflict with the requirements of this article.
3. The laser technician has been certified by the agency to use a laser or IPL
device for hair removal or other cosmetic procedures.
E. A laser technician who wishes to perform cosmetic laser procedures and
procedures using IPL devices must:
1. Successfully complete forty hours of didactic training as required by agency
rules at an agency certified training program. The program shall provide a provisional
certificate to the applicant verifying the successful completion of the didactic
training.
2. For hair removal, complete hands-on training that is supervised by a health
professional who is acting within the health professional's scope of practice or by a
laser technician who has a minimum of one hundred hours of hands-on experience per
procedure. The health professional or laser technician must be present in the room
during twenty-four hours of actual hands-on use of lasers or IPL devices. The
supervising health professional or supervising laser technician shall verify that the
laser technician has completed the training and supervision as prescribed by this
section.
3. For other cosmetic laser and IPL device procedures, complete a minimum of an
additional twenty-four hours of hands-on training of at least ten cosmetic procedures for
each type of procedure that is supervised by a health professional who is acting within
the health professional's scope of practice or by a laser technician who has a minimum of
one hundred hours of hands-on experience per procedure. The health professional or laser
technician must be present in the room during twenty-four hours of actual hands-on
use of lasers or IPL devices. The supervising health professional or supervising laser
technician shall verify that the laser technician has completed the training and
supervision as prescribed by this section.
4. Submit to the agency the provisional certificate from the training program and
certification by the health professional or laser technician who directly supervised the
applicant in the room during the hands-on training.
F. The agency shall issue a laser technician certificate authorizing the use of
lasers and IPL devices only for hair removal if the applicant meets the applicable
requirements of subsection E, or for hair removal and other cosmetic procedures if the
applicant meets the applicable requirements of subsection E. The agency shall maintain a
current register of those laser technicians in good standing and whether certification is
only for hair removal or for hair removal and other cosmetic procedures. The agency may
establish a fee for the registration of laser technicians and the issuance of
certificates pursuant to this subsection. THE AGENCY SHALL DEPOSIT MONIES COLLECTED
PURSUANT TO THIS SUBSECTION IN THE LASER SAFETY FUND ESTABLISHED BY SECTION 32-3234.
G. A laser technician who has been using laser and IPL devices before the
effective date of THIS AMENDMENT TO this section may continue to do so if the laser
technician applies for and receives a certificate pursuant to this section within one
year after the effective date of this section BEFORE OCTOBER 1, 2010.
H. A laser technician may use a laser or IPL device in the following circumstances:
1. For hair removal under the indirect supervision of a health professional whose
scope of practice permits the supervision.
2. For cosmetic purposes other than hair removal if the laser technician is
directly supervised by a health professional whose scope of practice permits the
supervision.
I. The supervising health professional, the employer of a laser technician and the
registrant who owns or operates the laser or IPL device are subject to disciplinary
action by the appropriate regulatory board for any errors made by a laser technician or
for the use of a laser or IPL device not allowed by this article. A person who employs a
person who operates a laser or IPL device must report any misuse of a laser or IPL device
to the operator's regulatory board and to the agency.
J. The agency shall investigate any complaint from a member of the public or
another board or agency involving the training, education, practice or complaint of harm
resulting from a laser technician performing procedures for cosmetic purposes under this
article and shall take appropriate disciplinary action as necessary including revocation
of the laser technician's certification or revocation of a registrant's or employer's
license to own or operate a laser or IPL device.
Sec. 16. Section 33-809, Arizona Revised Statutes, is amended to read:
33-809. Request for copies of notice of sale;
mailing by trustee; disclosure of information regarding trustee
sale
A. A person desiring a copy of a notice of sale under a trust deed, at any time
subsequent to the recording of the trust deed and prior to the recording of a notice of
sale pursuant thereto, shall record in the office of the county recorder in any county in
which part of the trust property is situated a duly acknowledged request for a copy of
any such notice of sale. The request shall set forth the name and address of the person
or persons requesting a copy of such notice and shall identify the trust deed by setting
forth the county, docket or book and page of the recording data thereof and by stating
the names of the original parties to such deed, the date the deed was recorded and the
legal description of the entire trust property and shall be in substantially the
following form:
Request for Notice
Request is hereby made that a copy of any notice of sale under the trust
deed recorded in docket or book ___________ at page ________, records of
______________ county, Arizona, _____________________________,
_______________________________,
(legal description of trust property)
Executed by ________________________ as trustor, in which ______________
is named as beneficiary and __________________ as trustee, be mailed to
_________________ at ___________________.
Dated this _______________ day of _______________, _____.
___________________
Signature
(Acknowledgement)
B. Not later than thirty days after recording the notice of sale, the trustee shall
mail by certified or registered mail, with postage prepaid, a copy of the notice of sale
that reflects the recording date together with any notice required to be given by
subsection C of this section, addressed as follows:
1. To each person whose name and address are set forth in a request for notice,
which has been recorded prior to the recording of the notice of sale, directed to the
address designated in such request.
2. To each person who, at the time of recording of the notice of sale, appears on
the records of the county recorder in the county in which any part of the trust property
is situated to have an interest in any of the trust property. The copy of the notice sent
pursuant to this paragraph shall be addressed to the person whose interest appears of
record at the address set forth in the document. If no address for the person is set
forth in the document, the copy of the notice may be addressed in care of the person to
whom the recorded document evidencing such interest was directed to be mailed at the time
of its recording or to any other address of the person known or ascertained by the
trustee. If the interest that appears on the records of the county recorder is a deed of
trust, a copy of the notice only needs to be mailed to the beneficiary under the deed of
trust. If any person having an interest of record or the trustor, or any person who has
recorded a request for notice, desires to change the address to which notice shall be
mailed, the change shall be accomplished by a request as provided under this section.
3. FOR SINGLE FAMILY RESIDENTIAL PROPERTIES ONLY, TO THE PROPERTY ADDRESS,
EXCEPT THAT THE COPY MAILED PURSUANT TO THIS PARAGRAPH MAY BE MAILED BY FIRST CLASS MAIL.
C. The trustee, within five business days after the recordation of a notice of
sale, shall mail by certified or registered mail, with postage prepaid, a copy of the
notice of sale to each of the persons who were parties to the trust deed except the
trustee. The copy of the notice mailed to the parties need not show the recording date of
the notice. The notice sent pursuant to this subsection shall be addressed to the
mailing address specified in the trust deed. In addition, notice to each party shall
contain a statement that a breach or nonperformance of the trust deed or the contract or
contracts secured by the trust deed, or both, has occurred, and setting forth the nature
of such breach or nonperformance and of the beneficiary's election to sell or cause to be
sold the trust property under the trust deed and the additional notice shall be signed by
the beneficiary or the beneficiary's agent. A copy of the additional notice shall also be
sent with the notice provided for in subsection B, paragraph 2 of this section to all
persons whose interest in the trust property is subordinate in priority to that of the
deed of trust along with a written statement that the interest may be subject to being
terminated by the trustee's sale. The written statement may be contained in the statement
of breach or nonperformance.
D. No request for a copy of a notice recorded pursuant to this section, nor any
statement or allegation in any request, nor any record of request, shall affect the title
to the trust property or be deemed notice to any person that a person requesting a copy
of notice of sale has or claims any interest in, or claim upon, the trust property.
E. At any time that the trust deed is subject to reinstatement pursuant to section
33-813, but not sooner than thirty days after recordation of the notice of trustee's
sale, the trustee shall upon receipt of a written request, provide, if actually known to
the trustee, the following information relating to the trustee's sale and the trust
property:
1. The unpaid principal balance of the note or other obligation which is secured by
the deed of trust.
2. The name and address of record of the owner of the trust property as of the date
of recordation of the notice of trustee's sale.
3. A list of the liens and encumbrances upon the trust property as of the date of
recordation of the notice of trustee's sale, excluding those matters set forth in section
33-438, subsection A.
If the trustee elects to charge a fee for providing the information requested, the fee
shall not exceed five per cent of the amount the trustee may charge pursuant to section
33-813, subsection B, paragraph 4, except that the trustee shall not charge a fee that is
more than one hundred dollars or be required to accept a fee that is less than thirty
dollars but may accept a lesser fee at the trustee's discretion. The trustee, or any
other person furnishing information pursuant to this subsection to the trustee, shall not
be subject to liability for any error or omission in providing the information requested,
except for the wilful and intentional failure to provide information in the trustee's
actual possession.
F. Beginning at 9:00 a.m. and continuing until 5:00 p.m. mountain standard time on
the last business day preceding the day of sale and beginning at 9:00 a.m. mountain
standard time and continuing until the time of sale on the day of the sale, the trustee
shall make available the actual bid or a good faith estimate of the credit bid the
beneficiary is entitled to make at the sale. If the actual bid or good faith estimate is
not available during the prescribed time period, the trustee shall postpone the sale
until the trustee is able to comply with this subsection.
G. In providing information pursuant to subsections E and F of this section, the
trustee, without obligation or liability for the accuracy or completeness of the
information, may respond to oral requests, respond orally or in writing or provide
additional information not required by such subsections. With respect to property that is
the subject of a trustee's sale, the beneficiary of such deed of trust or the holder of
any prior lien may, but shall not be required to, provide information concerning such
deed of trust or any prior lien that is not required by subsection E or F of this section
and may charge a reasonable fee for providing the information. The providing of such
information by any beneficiary or holder of a prior lien shall be without obligation or
liability for the accuracy or completeness of the information.
Sec. 17. Section 33-814, Arizona Revised Statutes, as amended by Laws 2009, chapter
68, section 1, is amended to read:
33-814. Action to recover balance after sale or
foreclosure on property under trust deed
A. Except as provided in subsections F and G of this section, within ninety days
after the date of sale of trust property under a trust deed pursuant to section 33-807,
an action may be maintained to recover a deficiency judgment against any person directly,
indirectly or contingently liable on the contract for which the trust deed was given as
security including any guarantor of or surety for the contract and any partner of a
trustor or other obligor which is a partnership. In any such action against such a
person, the deficiency judgment shall be for an amount equal to the sum of the total
amount owed the beneficiary as of the date of the sale, as determined by the court less
the fair market value of the trust property on the date of the sale as determined by the
court or the sale price at the trustee's sale, whichever is higher. A written
application for determination of the fair market value of the real property may be filed
by a judgment debtor with the court in the action for a deficiency judgment or in any
other action on the contract which has been maintained. Notice of the filing of an
application and the hearing shall be given to all parties to the action. The fair market
value shall be determined by the court at a priority hearing upon such evidence as the
court may allow. The court shall issue an order crediting the amount due on the judgment
with the greater of the sales price or the fair market value of the real property. For
the purposes of this subsection, "fair market value" means the most probable price, as of
the date of the execution sale, in cash, or in terms equivalent to cash, or in other
precisely revealed terms, after deduction of prior liens and encumbrances with interest
to the date of sale, for which the real property or interest therein would sell after
reasonable exposure in the market under conditions requisite to fair sale, with the buyer
and seller each acting prudently, knowledgeably and for self-interest, and assuming that
neither is under duress. Any deficiency judgment recovered shall include interest on the
amount of the deficiency from the date of the sale at the rate provided in the deed of
trust or in any of the contracts evidencing the debt, together with any costs and
disbursements of the action.
B. If a trustee's sale is a sale of less than all of the trust property or is a
sale pursuant to one of two or more trust deeds securing the same obligation, the ninety
day time limitations of subsection A of this section shall begin on either the date of
the trustee's sale of the last of the trust property to be sold or the date of sale under
the last trust deed securing the obligation, whichever occurs last.
C. The obligation of a person who is not a trustor to pay, satisfy or purchase all
or a part of the balance due on a contract secured by a trust deed may be enforced, if
the person has so agreed, in an action regardless of whether a trustee's sale is
held. If, however, a trustee's sale is held, the liability of a person who is not a
trustor for the deficiency is determined pursuant to subsection A of this section and any
judgment for the deficiency against the person shall be reduced in accordance with
subsection A of this section. If any such action is commenced after a trustee's sale has
been held, it is subject, in addition, to the ninety day time limitations of subsections
A and B of this section.
D. If no action is maintained for a deficiency judgment within the time period
prescribed in subsections A and B of this section, the proceeds of the sale, regardless
of amount, shall be deemed to be in full satisfaction of the obligation and no right to
recover a deficiency in any action shall exist.
E. Except as provided in subsection F of this section, the provisions of this
chapter do not preclude a beneficiary from foreclosing a deed of trust in the same manner
as a real property mortgage. In an action for the foreclosure of a deed of trust as a
real property mortgage the provisions of chapter 6, article 2 of this title are
applicable.
F. A deed of trust may, by express language, validly prohibit the recovery of any
balance due after trust property is sold pursuant to the trustee's power of sale, or the
trust deed is foreclosed in the manner provided by law for the foreclosure of mortgages
on real property.
G. If trust property of two and one-half acres or less which is limited to and
utilized for either a single one-family or a single two-family dwelling by the trustor
under the deed of trust for at least six consecutive months and for which a certificate
of occupancy has been issued is sold pursuant to the trustee's power of sale, no action
may be maintained to recover any difference between the amount obtained by sale and the
amount of the indebtedness and any interest, costs and expenses. The trustor is
responsible for demonstrating that the trust property was used by the trustor as a
one-family or a single two-family dwelling for at least six consecutive months.
Sec. 18. Section 33-1322, Arizona Revised Statutes, is amended to read:
33-1322. Disclosure and tender of written
rental agreement
A. The landlord or any person authorized to enter into a rental agreement on his
behalf shall disclose to the tenant in writing at or before the commencement of the
tenancy the name and address of each of the following:
1. The person authorized to manage the premises.
2. An owner of the premises or a person authorized to act for and on behalf of the
owner for the purpose of service of process and for the purpose of receiving and
receipting for notices and demands.
B. At or before the commencement of the tenancy, the landlord shall inform the
tenant in writing that a free copy of the Arizona residential landlord and tenant act
is available through ON the Arizona secretary of state's office
WEBSITE.
C. The information required to be furnished by this section shall be kept current
and refurnished to A tenant upon THE tenant's request. This section extends
to and is enforceable against any successor landlord, owner or manager.
D. A person who fails to comply with subsections A, and B AND C
becomes an agent of each person who is a landlord for the following purposes:
1. Service of process and receiving and receipting for notices and demands.
2. Performing the obligations of the landlord under this chapter and under the
rental agreement and expending or making available for the purpose all rent collected
from the premises.
E. If there is a written rental agreement, the landlord must tender and deliver a
signed copy of the rental agreement to the tenant and the tenant must sign and deliver to
the landlord one fully executed copy of such rental agreement within a reasonable time
after the agreement is executed. A written rental agreement shall have all blank spaces
completed. Noncompliance with this subsection shall be deemed a material noncompliance by
the landlord or the tenant, as the case may be, of the rental agreement.
Sec. 19. Section 36-3291, Arizona Revised Statutes, is amended to read:
36-3291. Health care directives registry;
website
A. Subject to the availability of monies, the secretary of state shall establish
and maintain a health care directives registry.
B. The registry shall be accessible through a web site WEBSITE maintained
by the secretary of state.
C. The secretary of state may accept gifts, grants, donations, bequests and other
forms of voluntary contributions to support, promote and maintain the registry. The
legislature or the secretary of state shall not appropriate or transfer state general
fund or other state monies to support, promote and maintain the registry.
Sec. 20. Section 41-764, Arizona Revised Statutes, is amended to read:
41-764. Contribution of pro rata share for
personnel division fund
A. State service agencies within the covered service shall contribute a pro rata
share of the overall cost of personnel administration services provided by the
department. The pro rata share shall be payable by payroll fund source and the resultant
amount shall be deposited, pursuant to sections 35-146 and 35-147, in a personnel
division fund for appropriation by the legislature for THE PERSONNEL BOARD AND the
personnel division of the department. Beginning July 1, 2007, The pro rata share
shall be 1.07 1.10 per cent of the total payroll of the agency. OF THE 1.10
PER CENT PRO RATA SHARE, 0.03 PER CENT OF TOTAL PAYROLL SHALL BE DEPOSITED IN A SEPARATE
SUBACCOUNT OF THE PERSONNEL DIVISION FUND FOR USE BY THE PERSONNEL BOARD AND SHALL BE
SUBJECT TO LEGISLATIVE APPROPRIATION. Total payroll shall include all fund
sources, including the state general fund, federal monies, special revenue funds,
intergovernmental revenue monies, trust funds and other payroll fund sources.
B. A claim for the pro rata share percentage payment shall be submitted according
to the fund source, with the accompanying payroll to the department for deposit in the
personnel division fund.
C. Notwithstanding section 35-190, only monies in excess of five hundred thousand
dollars revert to the state general fund at the end of each fiscal year. The state
comptroller shall pay any monies determined to be owed to the federal government from the
personnel division fund before calculating the reversion.
Sec. 21. Section 48-6203, Arizona Revised Statutes, is amended to read:
48-6203. Board of directors
A. The district is governed by a board of directors consisting of the following
members:
1. Two members of the board of supervisors of the county establishing the
district, elected by the board of supervisors.
2. 1. Two members of the governing body of the more populous of the
two cities establishing the district, elected by the governing body.
3. 2. One member of the governing body of the less populous of the two
cities establishing the district, elected by the governing body.
3. ONE MEMBER OF THE GENERAL PUBLIC WHO RESIDES IN APACHE, COCONINO, MOHAVE,
NAVAJO OR YAVAPAI COUNTY, APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
4. ONE MEMBER OF THE GENERAL PUBLIC WHO RESIDES IN MARICOPA COUNTY, APPOINTED
BY THE PRESIDENT OF THE SENATE.
B. Members of the board of directors WHO ALSO SERVE ON THE GOVERNING BODY OF
A CITY ESTABLISHING THE DISTRICT serve during their terms of office on the governing
body of the county or city, unless a successor is earlier elected by the respective
governing body to replace the member for any reason. OTHER MEMBERS OF THE BOARD OF
DIRECTORS SHALL SERVE FOUR YEAR TERMS.
C. Members are not eligible for compensation for service on the board of
directors.
Sec. 22. Laws 2007, chapter 260, section 6, as amended by Laws 2008, chapter 291,
section 7, is amended to read:
Sec. 6. Arizona twenty-first century competitive
initiative fund; appropriation
A. The sum of $22,500,000 is appropriated from the state general fund in fiscal
year 2008-2009, the sum of $25,000,000 is appropriated from the state general fund in
fiscal year 2009-2010 and the sum of $27,500,000 is appropriated from the state general
fund in fiscal year 2010-2011 for deposit into the Arizona twenty-first century
competitive initiative fund established by section 41-1505.09, Arizona Revised Statutes,
and the same amounts are AMOUNT IS appropriated from that fund to the
commerce and economic development commission in each fiscal year 2010-2011 for
the purposes prescribed in Laws 2006, chapter 334.
B. In order to amend the existing memorandum of understanding or enter into a new
memorandum of understanding with the commission pursuant to section 41-1505.09, Arizona
Revised Statutes, a nonprofit corporation shall identify and document written agreements
for private, philanthropic or governmental investments, except monies received for and
belonging to the state, either for specific grants or for general grant investment areas
that are equivalent to $22,500,000 or more in fiscal year 2008-2009, $25,000,000 in
fiscal year 2009-2010 and $27,500,000 in fiscal year 2010-2011. Unless prohibited by
the organization's governing documents, the private, philanthropic or governmental
investments shall be cash or auditable cash equivalent contributions to the
nonprofit. State funds shall be drawn down incrementally as each cash or cash equivalent
match is received or otherwise secured as part of the cost share for a written grant
agreement by the nonprofit and documented by the commission.
C. Contributions from government entities or any auditable cash equivalent
contributions shall not constitute more than fifty per cent of the match required by
subsection B of this section.
D. The appropriations APPROPRIATION made in subsection A of this section
are IS exempt from the provisions of section 35-190, Arizona Revised Statutes,
relating to the lapsing of appropriations.
Sec. 23. Repeal; department of administration
certificates of participation
Laws 2008, chapter 289, section 2 is repealed.
Sec. 24. Annual budgets
Notwithstanding section 35-121, Arizona Revised Statutes, for fiscal year 2009-2010,
appropriations for all budget units may be limited to one fiscal year.
Sec. 25. Appropriation reduction; military installation
fund
Notwithstanding section 41-1512.02, Arizona Revised Statutes, the appropriation to
the department of commerce for the military installation fund from the state general fund
is reduced by $2,800,000 in fiscal year 2009-2010.
Sec. 26. Declaration of emergency; limitation
Notwithstanding section 35-192, Arizona Revised Statutes, or any other law, the
aggregate amount of all liabilities incurred during a declaration of emergency shall not
exceed two million nine hundred thousand dollars in fiscal year 2009-2010.
Sec. 27. Tourism fund; transfer; limitation
Notwithstanding the requirements of section 42-5029, subsection D, paragraph 4,
subdivision (b), Arizona Revised Statutes, for fiscal year 2009-2010, the state treasurer
shall not transfer a sum of more than $10,655,200 under section 42-5029, subsection D,
paragraph 4, subdivision (b), Arizona Revised Statutes.
Sec. 28. Moratorium on rule making relating to increased
monetary or regulatory costs; exceptions; definitions
A. Notwithstanding any other law, for fiscal year 2009-2010, an agency shall not
conduct any rule making, including an informal rule making process, that would impose
increased monetary or regulatory costs on other state agencies, political subdivisions of
this state, persons or individuals or would not reduce the regulatory burden on the
persons or individuals so regulated.
B. Subsection A of this section does not apply to rule making for any of the
following:
1. An authorization or requirement enacted by the legislature after January 1, 2009
or as authorized by the governor after January 22, 2009.
2. To avoid a violation of a court order or federal law that would result in
sanctions by the court or federal government to an agency in fiscal year 2009-2010 for
failure to conduct the rule making action.
3. To prevent a threat to the public health, peace or safety.
4. To fulfill an obligation related to fees, rates, fines or regulations that are
expressly delineated in the constitution of this state.
5. To implement or comply with the fiscal year 2009-2010 state budget or the
American recovery and reinvestment act of 2009 (P.L. 111-5).
6. A rule or other item that is exempt from title 41, chapter 6, Arizona Revised
Statutes, pursuant to section 41-1005, Arizona Revised Statutes.
7. To eliminate or replace archaic or illegal rules.
C. An agency shall not conduct any informal or formal rule making pursuant to this
section without the prior written approval of the office of the governor. This
subsection does not apply to any agency that is independent of the office of the
governor, including any agency that is headed by a single elected official or the
corporation commission.
D. For the purposes of this section, "agency", "person", "rule" and "rule making"
have the same meanings prescribed in section 41-1001, Arizona Revised Statutes.
Sec. 29. Federal stimulus funding; reporting;
retroactivity
A. All agencies receiving monies from the federal American recovery and
reinvestment act (P.L. 111-5) in either fiscal year 2008-2009 or 2009-2010 shall provide
a report on the agency's use of the monies to the joint legislative budget committee by
October 1, 2009.
B. The reports shall include the amount of monies received by each federal grant,
the amount of monies received for the same programs from sources other than Public Law
111-5, the purpose of receiving the additional monies from Public Law 111-5, how the
monies were spent, any distributions made by the agency listed by subrecipient, if any,
the number of personnel funded by the monies and whether they were existing personnel and
the extent to which the monies offset other budget reductions.
C. An agency may meet the requirements of subsection A by notifying the joint
legislative budget committee that its report has been posted to the governor's office of
economic recovery website, if the information provided through the website meets all of
the requirements of subsection B.
D. This section is effective retroactively to from and after September 30, 2009.
Sec. 30. Calculation adjustments; fiscal year 2009-2010
closing state general fund balance
Notwithstanding any other law, for purposes of calculating the state general fund
balance at the close of fiscal year 2009-2010, any monies appropriated from the state
general fund that are exempted from lapsing pursuant to section 35-190, Arizona Revised
Statutes, and that remain unexpended and unencumbered at the close of fiscal year
2009-2010 shall be included in the closing balance as if the appropriations had lapsed or
otherwise reverted to the state general fund.
Sec. 31. Unrestricted federal monies;
retroactivity
A. Any unrestricted federal monies, excluding monies from the federal American
recovery and reinvestment act (P.L. 111-5), received from July 1, 2009 through June 30,
2010 shall be deposited in the state general fund. The monies shall be used for the
payment of essential governmental services.
B. This section is effective retroactively to from and after June 30, 2009.
Sec. 32. Required reduction in hours
An agency director may require agency covered employees to work reduced hours in
order to comply with any reduction in appropriations for personnel expenses and related
benefit costs for fiscal year 2009-2010. The director of the department of administration
shall prescribe procedures to implement these reductions. The director of the department
of administration is exempt from the rule making requirements of title 41, chapter 6,
Arizona Revised Statutes, for the purposes of prescribing these procedures.
Sec. 33. Notice filing fees; securities regulatory and
enforcement fund; transfer
A. Notwithstanding section 44-3324, subsection H, paragraph 1, Arizona Revised
Statutes, for fiscal year 2009-2010, eighty per cent of the monies collected pursuant to
section 44-3324, Arizona Revised Statutes, shall be deposited in the securities
regulatory and enforcement fund established by section 44-2039, Arizona Revised Statutes.
B. On February 1, 2010 and June 30, 2010, monies deposited in the securities
regulatory and enforcement fund pursuant to subsection A of this section are transferred
to the state general fund.
Sec. 34. Wireless equipment; reporting
A. On or before January 31, 2010, all state agencies, including universities and
community colleges, shall report on their use of wireless telephones and any other mobile
voice or data communications services in the first half of the fiscal year, regardless of
fund source, to the joint committee on capital review.
B. The report shall include the number of devices in service, the number of devices
purchased and the associated service expenditures by fund source and shall indicate what
resources were used by employees in health and safety positions.
Sec. 35. Transportation board funding
obligations
A. Notwithstanding section 28-7678, Arizona Revised Statutes, in fiscal year
2009-2010, if the transportation board is unable to sell board funding obligations to the
state treasurer pursuant to section 28-7678, Arizona Revised Statutes, the transportation
board may deliver nonnegotiable board funding obligations that are in a principal amount
that is not more than $200,000,000 and may sell those board funding obligations to a
financial institution.
B. Except as otherwise provided in this section, section 28-7678, Arizona Revised
Statutes, applies to any board funding obligation issued pursuant to subsection A of this
section.
C. Before selling the board funding obligations, the transportation board shall
submit the authorizing resolution to the joint committee on capital review for review.
Sec. 36. Performance management software; department of
administration contract; report; delayed repeal
A. The department of administration shall allow vendors to demonstrate the
availability of savings to this state through the use of software that is capable of
performance management, including data fusion, fraud reduction, budgeting, planning,
business intelligence, reporting and analysis, that has the ability to generate and
use dashboards, that can interact with metrics and key performance indicators and
that is capable of being implemented in every state agency. The department of
administration shall enter into a contract with a software vendor or vendors for the
purchase of the software only if the vendor or vendors agree to receive payment for the
software through savings realized by this state through the use of the software. The
criteria for selection of the contract shall also consider end-user ease of use and ease
of administration and shall meet any related standards of the government information
technology agency.
B. The procedure for entering into the contract specified in subsection A of this
section is subject to the requirements of the state procurement code, title 41, chapter
23, Arizona Revised Statutes, and the department of administration may use any request
for information issued pursuant to Laws 2008, chapter 285, section 2.
C. The department of administration shall annually quantify the savings realized
from each state agency using the software. The department of administration shall submit
a report of the savings by agency and program to the joint legislative budget committee
and the joint legislative audit committee on or before July 1 each year. A copy of the
report shall be provided to the secretary of state and the director of the Arizona state
library, archives and public records.
D. This section is repealed from and after December 31, 2016.
Sec. 37. Office of administrative hearings; prompt
hearings
Notwithstanding section 41-1092.05, subsection A, Arizona Revised Statutes,
for fiscal year 2009-2010, the office of administrative hearings shall hold hearings for
appealable agency actions and contested cases as soon as reasonably possible after a
notice of appeal is filed or a request for a hearing is made.
Sec. 38. Department of liquor licenses and control;
appropriation
A. The sum of $2,141,000 is appropriated in fiscal year 2009-2010 from the liquor
licenses fund established by section 4-120, Arizona Revised Statutes, as added by this
act, to the department of liquor licenses and control for operating expenditures.
B. In addition to the monies appropriated in subsection A of this section, the sum
of $700,000 shall be deposited in fiscal year 2009-2010 in the liquor licenses fund
established by section 4-120, Arizona Revised Statutes, as added by this act, from the
monies collected pursuant to section 4-115, Arizona Revised Statutes, as amended by this
act.
Sec. 39. Department of commerce; operating
expenses
Notwithstanding any other law, for fiscal year 2009-2010, the department of commerce
may use monies appropriated from the state general fund and monies in the bond fund, CEDC
fund and state lottery fund to administer programs that attract and retain jobs in this
state and to pay for associated direct, indirect and other costs.
Sec. 40. Department of insurance; operating
expenses
Notwithstanding any other law, for fiscal year 2009-2010, the department of
insurance may use up to $100,000 from the captive insurance regulatory and supervision
fund established by section 20-1098.18, Arizona Revised Statutes, to administer programs
in accordance with the department's statutory responsibilities.
Sec. 41. Development fees; moratorium;
retroactivity
A. Notwithstanding any other law, beginning June 30, 2009 through June 30, 2011, a
municipality shall not:
1. Impose any new development fees pursuant to section 9-463.05, Arizona Revised
Statutes.
2. Increase any existing development fees authorized by section 9-463.05, Arizona
Revised Statutes.
B. This section is effective retroactively to from and after June 29, 2009.
Sec. 42. Construction contracting tax rate increase;
municipalities; moratorium; retroactivity
A. Notwithstanding any other law, beginning June 30, 2009 through June 30, 2011, a
city or town shall not impose an increased tax rate that is levied on construction
contracting by submitting the issue to the qualified electors of the city or town at an
election or by action of the city or town council.
B. This section does not apply to any transaction privilege tax rate that is
adopted before June 1, 2009.
C. This section is effective retroactively to from and after June 29, 2009.
Sec. 43. Statewide transportation acceleration needs;
restoration subaccount
The director of the department of transportation may transfer $10,000,000 from any
of the subaccounts of the statewide transportation acceleration needs account established
by section 28-7009, Arizona Revised Statutes, to a subaccount established by the director
to restore funding to a project that was previously approved by the state transportation
board pursuant to section 28-7009, Arizona Revised Statutes, and that was in an amount of
less than $21,000,000.
Sec. 44. Conforming legislation
The legislative council staff shall prepare proposed legislation conforming the
Arizona Revised Statutes to the provisions of this act for consideration in the
forty-ninth legislature, second regular session.
Sec. 45. Applicability
Section 9-463.05, subsection F, Arizona Revised Statutes, as amended by this
act, does not apply to any development that received its final approval before January 1,
2010.
Sec. 46. Effective date
Section 9-463.05, Arizona Revised Statutes, as amended by this act, is
effective from and after December 31, 2009.
Sec. 47. Retroactivity
A. Section 9-805, Arizona Revised Statutes, as added by this act, applies
retroactively to from and after June 29, 2009.
B. Section 33-814, Arizona Revised Statutes, as amended by Laws 2009, chapter 68,
section 1 and this act, applies retroactively to from and after September 29, 2009.
C. Section 41-764, Arizona Revised Statutes, as amended by this act, applies
retroactively to from and after June 30, 2009.
APPROVED BY THE GOVERNOR SEPTEMBER 4, 2009.
FILED IN THE OFFICE OF THE SECRETARY OF STATE SEPTEMBER 4, 2009.
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