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SANTA CRUZ COUNTY EMERGENCY RESPONSE AND RECOVERY PLAN

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					                                                       SANTA CRUZ COUNTY
                                    EMERGENCY RESPONSE AND RECOVERY PLAN


                                                         Annex M
                                                        Authorities

I.      State Emergency Authorities and References:

        A.       Arizona Revised Statutes

                 1.       ARS Title 3, Sections 3-262, 3-341, 3-2601 ......................................................
                 2.       ARS Title 11, Sections 11-591 to 11-600: .........................................................
                 3.       ARS Title 12, Sections 12-972 ..........................................................................
                 4.       ARS Title 17, Sections 17-237 ...........................................................................
                 6.       ARS Title 23, Sections 23-407 ...........................................................................
                 7.       ARS Title 26, Chapter 2 .....................................................................................
                 8.       ARS Title 28, Sections 28-101, 28-667 28-674 .................................................
                 9.       ARS Title 30, Sections 30-651 ...........................................................................
                 10.      ARS Title 32, Sections 32-2302 .........................................................................
                 11.      ARS Title 35, Chapter 1 .....................................................................................
                 12.      ARS Title 36, Sections 36-2208 thru 36-2210 ...................................................
                 13.      ARS Title 40, Sections 40-441, 40-442, ...........................................................
                 14.      ARS Title 40, Sections 40-801 ..........................................................................
                 15.      ARS Title 41, Sections 41-1741 .........................................................................
                 16.      ARS Title 41, Sections 41-2146 .........................................................................
                 17.      ARS Title 49, Sections 49-282 ..........................................................................
                 18.      Administrative Code Title 8 ...............................................................................
                 19.      Administrative Code Title 14 .............................................................................

        B.       Orders

                 1. Executive Order 98-1 (February 1998) .....................................................................
                 2. Executive Order 79-4 (June 1979) .............................................................................


II.     Federal Emergency Authorities and Directives:

        A.       Federal Laws and Rules

                 1.       Public Law 78-410, "Public Health Service Act" Section 216; 42 U.S.C. 217
                 2.       Public Law 78-410, "Public Health Service Act" Section 311; 42 U.S.C. 243
                 3.       Public Law 78-410, "Defense Health Service Act" Section 319


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                4.      Public Law 81-774, “Defense Production Act of 1950" as amended, Title
                        I,Section 101(a) and 101(b); 50 U.S.C. 2061;
                5.      Public Law 93-288, as amended by Public Law 100-707, "Robert T.
                        StaffordDisaster Relief and Emergency Assistance Act" (November 23, 1988)
                6.      Public Law 95-124, "Earthquake Hazards Reduction Act of 1977"; 42
                        U.S.C.7701 and 7704
                7.      Public Law 95-313, "Cooperative Forestry Assistance Act of 1978" February
                        1998 AR-2
                8.      Public Law 96-510, "Comprehensive Environmental Response, Compensation,
                        and Liability Act of 1980" Section 104(i); 42 U.S.C. 9604(i)
                9.      Public Law 101-640, "Water Resources Development Act of 1990" Title III,
                        Section 302, 5(a)(1) (November 1990)
                10.     United States Congress Act of January 5, 1905, as amended; 36 U.S.C.
                        (American National Red Cross Congressional Charter)
                11.     Communications Act of 1934, as amended
                12.     Older Americans Act of 1965, as amended, Section 310; 42 U.S.C. 3030
                13.     Food Stamp Act of 1977, Section 5(h)(1); implemented by 46 CFR 8922 and
                        8923
                14.     Interstate Commerce Act, Emergency Rates; 49 U.S.C. 10724 and 11121 to
                        11128
                15.     Public Law 93-288, “Robert T. Stafford Disaster Relief and Emergency
                        Assistance Act” as amended, implemented by Food Distribution Regulations,
                        Parts 250.1(b) and 250.8(e)
                16.     7 CFR Part 250.1(b)(10)&(11) - Food Commodity Funding
                17.     10 CFR Part 50, NRC - Emergency Planning and Preparedness
                18.     28 CFR Part 65 - Emergency Federal Law Enforcement Assistance
                19.     40 CFR Part 300 - National Oil and Hazardous Substances Pollution
                        Contingency Plan
                20.     44 CFR Part 322 - Defense Production: Priorities and Allocation Authority
                21.     44 CFR Part 350 - Review and approval of State and Local Radiological
                        Emergency Plans and Preparedness

       B.       Orders

                1.      Executive Order 10480, "Further Providing For The Administration of the
                        Defense Mobilization Program" as amended (August 1953)
                2.      Executive Order 12148, "Federal Emergency Management" (July 20, 1979)
                3.      Executive Order 12472, "Assignment of National Security and Emergency
                        Preparedness Telecommunications Functions" (April 1984)


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                4.      Executive Order 12656, "Assignment          of    Emergency         Preparedness
                        Responsibilities" (November 1988)

                5.      Executive Order 12657, "FEMA Assistance in Emergency Preparedness
                        Planning at Commercial Nuclear Power Plants" (November 1988)
                6.      Executive Order 12777, "Implementation of Section 311of the Federal Water
                        Pollution Act of October 18, 1972, as amended, and the Oil Pollution Act of
                        1990" (October 1991) February 1998 AR-3




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ARS Title 3 Chapter 2

Article 3 - Fertilizer Materials
3-261. Applicability of article
The provisions of this article shall apply to any substance or mixture of substances intended to be used
for promoting or stimulating the growth of plants, increasing the productiveness of plants, improving
the quality of crops or producing any chemical or physical change in the soil. Except as provided in
section 3-274, this article shall not apply to sales for export outside the state nor to sales of agricultural
minerals to any licensed producer, manufacturer, importer, agent or dealer in agricultural minerals, or to
sales of fertilizing materials to any licensed producer, manufacturer, importer, agent or dealer in
commercial fertilizers, but such exemptions shall not relieve such licensed persons from the tonnage
license fee provided for in section 3-268 when purchased fertilizing materials are used upon their own
lands within this state.

3-262. Definitions
A. As used in this article the substances and mixtures of substances referred to in section 3-261 are
defined as follows:
1. "Animal manures" means the excreta of domestic animals or domestic fowls when not artificially
mixed with any material or materials other than those that have been used for bedding, sanitary or
feeding purposes for the animals or fowls or for the preservation of animal manure.
2. "Commercial fertilizer" means any substance that contains one or more recognized plant nutrients,
that is used for its plant nutrient content and that is designed for use or claimed to have value in
promoting plant growth, except unmanipulated animal and vegetable manures, and other products
exempted by rule.
3. "Fertilizer material" means any substance or mixture of substances intended to be used for promoting
or stimulating the growth of plants, increasing the productiveness of plants, improving the quality of
crops or producing any chemical or physical change in the soil.
B. In this article, unless the context otherwise requires:
1. "Associate director" means the associate director of the environmental services division of the
Arizona department of agriculture.
2. "Brand" means a term, design or trademark used in connection with one or several grades of
commercial fertilizer.
3. "Bulk" means fertilizer materials delivered to the purchaser in the solid or liquid state, in a
nonpackaged form to which a label cannot be attached.
4. "Distributor" means any person who offers for sale, sells, barters, solicits business or otherwise
supplies fertilizer materials.
5. "Grade" means the percentage of total nitrogen, available phosphate or soluble potash stated in whole
numbers in the same terms, order and percentages as in the guaranteed analysis. Fertilizer materials,
bone meal, manures and similar raw materials may be guaranteed in fractional units.


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6. "Manufacture" means to compound, produce, granulate, mix, blend or alter the composition of
fertilizer materials.
7. "Mixed fertilizer" means any combination of fertilizer materials coming within the classification of
commercial fertilizers.
8. "Official sample" means any sample of fertilizer materials taken by the associate director or the
associate director's agent and designated as official by the associate director.
9. "Per cent" or "percentage" means the percentage by weight.
10. "Person" includes individual, partnership, association, firm or corporation.
11. "Primary plant nutrient" means total nitrogen, available phosphate or soluble potash.
12. "Sell" or "sale" includes exchange.
13. "Ton" means a net weight of two thousand pounds avoirdupois. The director may, after opportunity
for hearing, define weights in the metric system.

Article 5 - Pesticides
3-341. Definitions
For the purposes of this article:
1. "Active ingredient" means an ingredient which will prevent, destroy, repel or mitigate pests, or which
will act as a plant regulator, defoliant or desiccant.
2. "Adulterated" means any pesticide the strength or purity of which falls below the professed standard
or quality as expressed on labeling or under which it is sold, or if any substance has been substituted
wholly or in part for the article, or if any valuable constituent of the article has been wholly or in part
abstracted.
3. "Animal" means all vertebrate and invertebrate species, including, but not limited to, humans and
other mammals, birds, fish and shellfish.
4. "Antidote" means the most practical immediate treatment in case of poisoning and includes first aid
treatment.
5. "Associate director" means the associate director of the environmental services division.
6. "Beneficial insects" means those insects which, during their life cycle, are effective pollinators of
plants, are parasites or predators of pests or are otherwise beneficial.
7. "Defoliant" and "desiccant" means any substance or mixture of substances intended for killing or
artificially accelerating the drying of plant tissues, with or without causing abscission.
8. "Device" means any instrument or contrivance intended for trapping insects, and includes any
instrument or contrivance intended for destroying, repelling or mitigating insects or rodents or
destroying, repelling or mitigating fungi or weeds, or such other pests as may be designated by the
director, but not including equipment used for the application of pesticides when sold separately
therefrom.
9. "Distribute" means to offer for sale, hold for sale, sell, barter, ship or deliver for shipment or receive,
deliver or offer to deliver, pesticides in this state.
10. "Division" means the environmental services division of the Arizona department of agriculture.


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11. "Fungi" means all non-chlorophyll-bearing thallophytes, that is, all non-chlorophyll-bearing plants
of a lower order than mosses and liverworts, as, for example, rusts, smuts, mildews, molds and yeasts,
except those on or in living humans or other animals.
12. "Inert ingredient" means an ingredient which is not an active ingredient.
13. "Ingredient statement" means a statement of the name and percentage of each active ingredient,
together with the total percentage of the inert ingredients, in the pesticide.
14. "Insect" means any of the numerous small invertebrate animals generally having the body more or
less obviously segmented, for the most part belonging to the class insecta, comprising six-legged,
usually winged forms, as, for example, beetles, bugs, bees and flies, and to other allied classes of
arthropods whose members are wingless and usually have more than six legs, as, for example, spiders,
mites, ticks, centipedes and wood lice.
15. "Label" means the written, printed or graphic matter on, or attached to, the pesticide or device, or the
immediate container thereof, and the outside container or wrapper of the retail package, if there is any,
of the pesticide or device.
16. "Labeling" means all labels and other written, printed or graphic matter:
(a) Upon the pesticide or device or any of its containers or wrappers.
(b) Accompanying the pesticide or device at any time.
(c) To which reference is made on the label or in literature accompanying the pesticide or device, except
when accurate, non-misleading reference is made to current official publications of the United States
departments of agriculture or interior, the United States public health service, state experiment stations,
state agricultural colleges or other similar federal institutions or official agencies of the state or other
states authorized by law to conduct research in the field of pesticides.
17. "Misbranded" shall apply:
(a) To any pesticide or device if its labeling bears any statement, design or graphic representation
relative thereto or to its ingredients which is false or misleading in any particular.
(b) To any pesticide:
(i) If it is an imitation of, or is offered for sale under the name of, another pesticide.
(ii) If the labeling accompanying it does not contain directions for use which are necessary and, if
complied with, adequate for the protection of the public.
(iii) If the label does not contain a warning or caution statement which may be necessary and, if
complied with, adequate to prevent injury to living humans and other vertebrate animals.
(iv) If the label does not bear an ingredient statement on that part of the immediate container and on the
outside container or wrapper, if there is one, through which the ingredient statement on the immediate
container cannot be clearly read, of the retail package which is presented or displayed under customary
conditions of purchase.
(v) If any word, statement or other information required by or under the authority of this article to
appear on the labeling is not prominently placed thereon with such conspicuousness, as compared with
other words, statements, designs or graphic matter in the labeling, and in such terms as to render it likely
to be read and understood by the ordinary individual under customary conditions of purchase and use.


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(vi) If used as directed or in accordance with commonly recognized practice, it is injurious to living
humans or other vertebrate animals or vegetation, other than the pest to which it is applied, or to the
person applying such pesticide.
18. "Nematode" means invertebrate animals of the phylum nemathelminthes and class nematoda
including unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle
and inhabiting soil, water, plants or plant parts.
19. "Person" means any individual, partnership, association, corporation or organized group of persons
whether incorporated or not.
20. "Pest" means:
(a) Any weed, insect, vertebrate pest, nematode, fungus, virus, bacteria or other pathogenic organisms.
(b) Any other form of terrestrial or aquatic plant or animal life, except virus, bacteria or other
microorganism on or in living humans or other living animals, which the director declares to be a pest
for the purpose of enforcement of this article.
21. "Pesticide" means:
(a) Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating
any pest.
(b) Any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.
22. "Plant regulator" means any substance or mixture of substances intended, through physiological
action, for accelerating or retarding the rate of growth or rate of maturation or for otherwise altering the
behavior of plants or the produce thereof, but does not include substances to the extent that they are
intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants and soil amendments.
23. "Registrant" means the person registering any pesticide pursuant to this article.
24. "Weed" means any plant which grows where not wanted.

CHAPTER 15 - ANIMAL AND BIRD FEEDS Article 1 - Commercial and Customer-Formula
Feeds
3-2601. Definitions
In this article, unless the context otherwise requires:
1. "Brand" means the term, design or trademark and other specific designation under which an
individual commercial feed is distributed in this state.
2. "Commercial feed" means all materials, except whole seeds unmixed or physically altered entire
unmixed seeds, that are distributed for use as feed or for mixing in feed. Commercial feed includes raw
agricultural commodities distributed for use as feed or for mixing in feed when the commodities are
adulterated within the meaning of section 3-2611.
3. "Customer-formula feed" means a mixture of commercial feed or feed materials, or both, each batch
of which is mixed according to the specific instructions of the final purchaser.
4. "Distribute" means to offer for sale, sell, barter or otherwise supply commercial feeds or customer-
formula feeds, except that the term "distribute" shall not include or apply to any feeds supplied for
consumption on the premises of the supplier.
5. "Division" means the environmental services division of the Arizona department of agriculture.

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6. "Feed ingredient" means each of the constituent materials making up a commercial feed.
7. "Label" means a display of written, printed or graphic matter upon or affixed to the container in
which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed
or customer-formula feed is distributed.
8. "Official sample" means any sample of feed taken by the director or the director's agent and
designated as official.
9. "Per cent" or "percentage" means percentage by weight.
10. "Person" includes individual, partnership, corporation, firm, association or agent.
11. "Sell" or "sale" includes exchange.
12. "Ton" means a net weight of two thousand pounds avoirdupois.




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Title 11 Chapter 1

Article 4 - Powers and Duties

11-251. Powers of board
The board of supervisors, under such limitations and restrictions as are prescribed by law, may:
1. Supervise the official conduct of all county officers and officers of all districts and other subdivisions
of the county charged with assessing, collecting, safekeeping, managing or disbursing the public
revenues, see that such officers faithfully perform their duties and direct prosecutions for delinquencies,
and, when necessary, require the officers to renew their official bonds, make reports and present their
books and accounts for inspection.
2. Divide the counties into such districts or precincts as required by law, change them and create others
as convenience requires.
3. Establish, abolish and change election precincts, appoint inspectors and judges of elections, canvass
election returns, declare the result and issue certificates thereof.
4. Lay out, maintain, control and manage public roads, ferries and bridges within the county and levy
such tax for that purpose as may be authorized by law.
5. Provide for the care and maintenance of the sick of the county, erect and maintain hospitals for that
purpose and, in its discretion, provide a farm in connection with the county hospital and adopt
ordinances for working the farm.
6. Provide suitable rooms for county purposes.
7. Purchase, receive by donation or lease real or personal property necessary for the use of the county
prison and take care of, manage and control the property, but no purchase of real property shall be made
unless the value has been previously estimated by three disinterested citizens of the county, appointed
by the board for that purpose, and no more than the appraised value shall be paid for the property.
8. Cause to be erected and furnished a courthouse, jail and hospital and such other buildings as
necessary, and construct and establish a branch jail, when necessary, at a point distant from the county
seat.
9. Sell at public auction, after thirty days' previous notice given by publication in a newspaper of the
county, stating the time and place of the auction, and convey to the highest bidder, for cash or contract
of purchase extending not more than ten years from the date of sale and upon such terms and conditions
and for such consideration as the board shall prescribe, any property belonging to the county that the
board deems advantageous for the county to sell, or which the board deems unnecessary for use by the
county, and shall pay the proceeds thereof into the county treasury for use of the county, except that
personal property need not be sold but may be used as a trade-in on the purchase of personal property
when the board deems this disposition of the personal property to be in the best interests of the county.
When the property for sale is real property, the board shall have such property appraised by a qualified
independent fee appraiser who has an office located in this state. The appraiser shall establish a
minimum price, which shall not be less than ninety per cent of the appraised value. The notice regarding
the sale of real property shall be published in the county where the property is situated and may be

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published in one or more other counties, and shall contain, among other things, the appraised value, the
minimum acceptable sale price, and the common and legal description of the real property.
Notwithstanding the requirement for a sale at public auction prescribed in this paragraph, a county may
with unanimous consent of the board, without a public auction, sell or lease any county property to any
other duly constituted governmental entity, including the state, cities, towns and other counties. A
county may with unanimous consent of the board, without public auction, sell or lease any county
property for a specific use to any solely charitable, social or benevolent nonprofit organization
incorporated or operating in this state. A county may dispose of surplus equipment and materials that
have little or no value or are unauctionable in any manner authorized by the board.
10. Examine and exhibit the accounts of all officers having the care, management, collection or
disbursement of money belonging to the county or appropriated by law or otherwise for the use and
benefit of the county.
11. Examine, settle and allow all accounts legally chargeable against the county, order warrants to be
drawn on the county treasurer for that purpose and provide for issuing the warrants.
12. Levy such tax annually on the taxable property of the county as may be necessary to defray the
general current expenses thereof, including salaries otherwise unprovided for, and levy such other taxes
as are required to be levied by law.
13. Equalize assessments.
14. Direct and control the prosecution and defense of all actions to which the county is a party, and
compromise them.
15. Insure the county buildings in the name of and for the benefit of the county.
16. Fill by appointment all vacancies occurring in county or precinct offices.
17. Adopt provisions necessary to preserve the health of the county, and provide for the expenses
thereof.
18. With the approval of the department of health services, contract with any qualified person to provide
all or part of the health services, funded through the department of health services with federal or state
monies, that the board in its discretion extends to residents of the county.
19. Contract for county printing and advertising, and provide books and stationery for county officers.
20. Provide for rebinding county records, or, if necessary, the transcribing of county records.
21. Make and enforce necessary rules and regulations for the government of its body, the preservation of
order and the transaction of business.
22. Adopt a seal for the board, a description and impression of which shall be filed by the clerk in the
office of the county recorder and the secretary of state.
23. Establish, maintain and conduct or aid in establishing, maintaining and conducting public aviation
fields, purchase, receive by donation or lease any property necessary for that purpose, lease, at a nominal
rental if desired, sell such aviation fields or property to the United States or any department, or sell or
lease such aviation fields to a city, exchange lands acquired pursuant to this section for other lands, or
act in conjunction with the United States in maintaining, managing and conducting all such property. If
any such property or part of that property is not needed for these purposes, it shall be sold by the board
and the proceeds shall be paid into the general fund of the county.

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24. Acquire and hold property for the use of county fairs, and conduct, take care of and manage them.
25. Authorize the sheriff to offer a reward, not exceeding ten thousand dollars in one case, for
information leading to the arrest and conviction of persons charged with crime.
26. Contract for the transportation of insane persons to the state hospital or direct the sheriff to transport
such persons. The county is responsible for such expense to the extent the expense is not covered by any
third party payor.
27. Provide for the reasonable expenses of burial for deceased indigents as provided in section 36-831
and maintain a permanent register of deceased indigents including name, age and date of death, and
when burial occurs, the board shall mark the grave with a permanent marker giving the name, age, and
date of birth, if known.
28. Sell or grant to the United States the title or interest of the county in any toll road or toll train in or
partly within a national park, upon such terms and consideration as may be agreed upon by the board
and the secretary of the interior of the United States.
29. Enter into agreements for acquiring rights-of-way, construction, reconstruction or maintenance of
highways in their respective counties, including highways that pass through Indian reservations, with the
government of the United States, acting through its duly authorized officers or agents pursuant to any
act of Congress, except that the governing body of any Indian tribe whose lands are affected must
consent to the use of its land, and any such agreements entered into before June 26, 1952 are validated
and confirmed.
30. Do and perform all other acts and things necessary to the full discharge of its duties as the legislative
authority of the county government.
31. Make and enforce all local, police, sanitary and other regulations not in conflict with general law.
32. Budget for funds for foster home care during the school week for mentally retarded and otherwise
handicapped children who reside within the county and attend a school for the handicapped in a city or
town within such county.
33. Do and perform all acts necessary to enable the county to participate in the "economic opportunity
act of 1964" (P.L. 88-452; 78 Stat. 508), as amended.
34. Provide a plan or plans for its employees that provide tax deferred annuity and deferred
compensation plans as authorized pursuant to title 26, United States Code annotated. Such plans shall
allow voluntary participation by all employees of the county. Participating employees shall authorize the
board to make reductions in their remuneration as provided in an executed deferred compensation
agreement.
35. Adopt and enforce standards for shielding and filtration of commercial or public outdoor portable or
permanent light fixtures in proximity to astronomical or meteorological laboratories.
36. Subject to the prohibitions, restrictions and limitations as set forth in section 11-830, adopt and
enforce standards for excavation, landfill and grading to prevent unnecessary loss from erosion,
flooding and landslides.
37. Make and enforce necessary ordinances for the operation and licensing of any establishment not in
the limits of an incorporated city or town in which is carried on the business of providing baths, showers
or other forms of hydrotherapy or any service of manual massage of the human body.

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38. Provide pecuniary compensation as salary or wages for overtime work performed by county
employees, including those employees covered by the provisions of title 23, chapter 2, article 9. In so
providing, the board may establish salary and wage plans incorporating classifications and conditions
prescribed by the federal fair labor standards act.
39. Establish, maintain and operate medical clinics as defined in title 36, chapter 24, article 1.
40. Enact ordinances under its police authority prescribing reasonable curfews in the entire
unincorporated area or any area less than the entire unincorporated area of the county for minors and
fines not to exceed the fine for a petty offense for violation of such ordinances. Nothing in this
paragraph shall be construed to require a request from an association or a majority of the residents of an
area before the board may enact an ordinance applicable to the entire or any portion of the
unincorporated area. An ordinance enacted pursuant to this paragraph shall provide that a minor is not
violating a curfew if the minor is accompanied by a parent, a guardian or an adult having supervisorial
custody, is on an emergency errand or has been specifically directed to the location on reasonable,
legitimate business or some other activity by the parent, guardian or adult having supervisorial custody.
If no curfew ordinance is applicable to a particular unincorporated area of the county, the board may
adopt a curfew ordinance on the request or petition of either:
(a) A homeowners' association that represents a majority of the homeowners in the area covered by the
association and to which the curfew would apply.
(b) A majority of the residents of the area to which the curfew would apply.
41. Lease or sublease personal property owned by the county to other political subdivisions of this state
to be used for a public purpose.
42. In addition to the agreements authorized by section 11-651, enter into long-term agreements for the
purchase of personal property, provided that the board may cancel any such agreement at the end of a
fiscal year, at which time the seller may repossess the property and the agreement shall be deemed
terminated.
43. Make and enforce necessary ordinances not in conflict with the laws of this state to regulate off-road
recreational motor vehicles that are operated within the county on public lands without lawful authority
or on private lands without the consent of the lawful owner or that generate air pollution. For purposes
of this paragraph, "off-road recreational motor vehicle" means three and four wheel vehicles
manufactured for recreational nonhighway all terrain travel.
44. Acquire land for roads, drainage ways and other public purposes by exchange without public
auction, except that notice shall be published thirty days before the exchange listing the property
ownership and descriptions.
45. Purchase real property for public purposes, provided that final payment shall be made not later than
five years after the date of purchase.
46. Lease purchase real property and improvements for real property for public purposes, provided that
final payment shall be made not later than twenty-five years after the date of purchase. Any increase in
the final payment date from fifteen years up to the maximum of twenty-five years shall be made only on
unanimous approval by the board of supervisors.


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47. Make and enforce ordinances for the protection and disposition of domestic animals subject to
inhumane, unhealthful or dangerous conditions or circumstances. An ordinance enacted pursuant to this
paragraph shall not restrict or limit the authority of the game and fish commission to regulate the taking
of wildlife. For the purposes of this paragraph, "domestic animal" means an animal kept as a pet and not
primarily for economic purposes.
48. If a part of a parcel of land is to be taken for roads, drainage, flood control or other public purposes
and the board and the affected property owner determine that the remainder will be left in such a
condition as to give rise to a claim or litigation concerning severance or other damage, acquire the
whole parcel by purchase, donation, dedication, exchange, condemnation or other lawful means and the
remainder may be sold or exchanged for other properties needed for any public purpose.
49. Make and enforce necessary rules providing for the reimbursement of travel and subsistence
expenses of members of county boards, commissions and advisory committees when acting in the
performance of their duties, if the board, commission or advisory committee is authorized or required by
federal or state law or county ordinance, and the members serve without compensation.
50. Provide a plan or plans for county employee benefits that allow for participation in a cafeteria plan
that meets the requirements of the United States internal revenue code of 1986.
51. Provide for fringe benefits for county employees, including sick leave, personal leave, vacation and
holiday pay and jury duty pay.
52. Make and enforce ordinances that are more restrictive than state requirements to reduce or
encourage the reduction of carbon monoxide and ozone levels, provided an ordinance does not establish
a standard for vehicular emissions, including ordinances to reduce or encourage the reduction of the
commuter use of motor vehicles by employees of the county and employees whose place of employment
is in unincorporated areas of the county.
53. Make and enforce ordinances to provide for the reimbursement of up to one hundred per cent of the
cost to county employees of public bus or van pool transportation to and from their place of
employment.
54. Lease for public purposes any real property, improvements for real property and personal property
under the same terms and conditions, to the extent applicable, as are specified in sections 11-651 and
11-653 for lease purchases.
55. Enact ordinances prescribing regulation of alarm systems and providing for civil penalties to reduce
the incidence of false alarms at business and residential structures relating to burglary, robbery, fire and
other emergencies not within the limits of an incorporated city or town.
56. In addition to the provisions of paragraph 9 of this section, and notwithstanding the provisions of
section 23-504, sell or dispose of, at no less than fair market value, county personal property that the
board deems no longer useful or necessary through a retail outlet or to another government entity if the
personal property has a fair market value of no more than one thousand dollars, or by retail sale or
private bid, if the personal property has a fair market value of no more than fifteen thousand dollars.
Notice of sales in excess of one thousand dollars shall include a description and sale price of each item
and shall be published in a newspaper of general circulation in the county and for thirty days after notice


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other bids may be submitted that exceed the sale price by at least five per cent. The county shall select
the highest bid received at the end of the thirty day period.
57. Sell services, souvenirs, sundry items or informational publications that are uniquely prepared for
use by the public and by employees and license and sell information systems and intellectual property
developed from county resources that the county is not obligated to provide as a public record.
58. On unanimous consent of the board of supervisors, license, lease or sell any county property
pursuant to paragraphs 55 and 56 of this section at less than fair market value to any other governmental
entity, including this state, cities, towns, public improvement districts or other counties within or
outside of this state, or for a specific purpose to any charitable, social or benevolent nonprofit
organization incorporated or operating in this state.
59. On unanimous consent of the board of supervisors, provide technical assistance and related services
to a fire district pursuant to an intergovernmental agreement.
60. Adopt contracting procedures for the operation of a county health system pursuant to section 11-
291. Before the adoption of contracting procedures the board shall hold a public hearing. The board
shall publish one notification in a newspaper of general circulation in the county seat at least fifteen
days before the hearing.

11-251.08. County fee for service authority; alternate fee schedule; fee limits; adoption procedures
A. In addition to any other county power or authority the board of supervisors may adopt fee schedules
for any specific products and services the county provides to the public. Notwithstanding fee schedules
or individual charges in statute, a board of supervisors may adopt an additional charge or separate
individual charge.
B. Any fee or charge established pursuant to this section must be attributable to and defray or cover the
expense of the product or service for which the fee or charge is assessed. A fee or charge shall not
exceed the actual cost of the product or service.
C. Before adoption of a fee for service or an additional or separate charge pursuant to this section, the
board of supervisors shall hold a public hearing on the issue with at least fifteen days' published notice.
D. Nothing in this section shall apply to products and services provided to cities and towns.

Article 12 - County Medical Examiner 11-591 - County medical examiner; appointment;
qualifications; compensation 11-592 - List of physicians in lieu of medical examiner; fund; notification;
special examinations 11-593 - Reporting of certain deaths; autopsies; failure to report; classification 11-
594 - Powers and duties of county medical examiner 11-594.01 - Immunity relating to organ donation
11-595 - Right to enter premises; right to seize articles 11-596 - Removal or disturbance of body or
effects or weapons without consent prohibited 11-597 - Autopsies; reports; exemption from liability 11-
598 - Exhumation; court order 11-599 - Cremation 11-600 - Burial of indigent deceased; disposal of
property
11-591. County medical examiner; appointment; qualifications; compensation
A. The board of supervisors of each county may appoint a qualified person to the position of county
medical examiner.

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B. The county medical examiner shall be a licensed physician in good standing certified in pathology
and skilled in forensic pathology. The medical examiner shall receive compensation as determined by
the board of supervisors.

11-592. List of physicians in lieu of medical examiner; fund; notification; special examinations
A. If the board of supervisors determines that the appointment of a medical examiner is not practical,
the board of supervisors shall establish a list of licensed physicians who will be available to perform the
duties required of a county medical examiner. A licensed physician on the list need not be a resident of
the county, need not be certified in pathology nor skilled in forensic pathology but shall have agreed to
perform medical examinations or autopsies to determine the cause and manner of death on behalf of the
county on a contract basis.
B. If the board of supervisors establishes a list of licensed physicians in lieu of appointing a county
medical examiner, the board may establish a fund known as the county medical examination fund and
shall pay expenses incurred by the licensed physicians in the performance of the duties of the county
medical examiner from such fund.
C. The sheriff of the county shall be responsible for notifying and securing a licensed physician on the
list to perform a medical examination or autopsy required by law.
D. Upon request of the county attorney or the attorney general, the licensed physician employed by the
board of supervisors and secured by the sheriff shall be a licensed physician certified in pathology and
skilled in forensic pathology.

11-593. Reporting of certain deaths; autopsies; failure to report; classification
A. Any person having knowledge of the death of a human being including a fetal death shall promptly
notify the nearest peace officer of all information in the person's possession regarding the death and the
circumstances surrounding it under any of the following circumstances:
1. Death when not under the current care of a physician for a potentially fatal illness or when an
attending physician is unavailable to sign the death certificate.
2. Death resulting from violence.
3. Death occurring suddenly when in apparent good health.
4. Death occurring in a prison.
5. Death of a prisoner.
6. Death occurring in a suspicious, unusual or unnatural manner.
7. Death from disease or accident believed to be related to the deceased's occupation or employment.
8. Death believed to present a public health hazard.
9. Death occurring during anesthetic or surgical procedures.
B. The peace officer shall promptly notify the county medical examiner and, except in deaths occurring
during surgical or anesthetic procedures from natural diseases, shall promptly make or cause to be made
an investigation of the facts and circumstances surrounding the death and report the results to the
medical examiner. If there is no county medical examiner appointed and serving within the county, the


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county sheriff shall be notified by the peace officer and the sheriff shall in turn notify and secure a
licensed physician to perform the medical examination or autopsy.
C. An autopsy is not required for deaths due to natural diseases that occur during surgical or anesthetic
procedures, except where the medical examiner determines an autopsy is necessary because any of the
following exist:
1. A public health risk.
2. Evidence of a crime.
3. Evidence of inadequate health care.
4. No clinically evident cause of death.
D. Every person who knows of the existence of a body where death occurred as specified in subsection
A of this section and who knowingly fails to notify the nearest peace officer as soon as possible unless
the person has good reason to believe that notice has already been given is guilty of a class 2
misdemeanor.
E. If the deceased was under treatment for accident or illness by prayer or spiritual means alone, in
accordance with the tenets and practices of a well-recognized church or religious denomination, and
death occurred without a physician in attendance, the person who has knowledge of the death shall
report all information in his possession regarding the death and circumstances surrounding it directly to
the county medical examiner or the person performing the duties of a county medical examiner who
may waive an autopsy if he is satisfied that the death of such person resulted from natural causes.
F. Each county shall provide to the criminal identification section of the department of public safety
fingerprints of all deceased persons whose deaths are required to be investigated pursuant to this
section. These fingerprints shall be on a form provided by the criminal identification section and shall
be accompanied by such other information regarding the physical description and the date and place of
death as the criminal identification section may require. Fingerprints taken pursuant to this section shall
be used only for the purpose of purging criminal history files. All information and data in the criminal
identification section of the department of public safety furnished in compliance with this section is
confidential and may be disclosed only upon written approval of the director of public safety to the
juvenile court, social agencies, public health and law enforcement agencies, licensed or regulated by this
state.

11-594. Powers and duties of county medical examiner
A. The county medical examiner or a licensed physician employed to perform such functions shall:
1. Be responsible for medical examination or autopsy of a human body when death occurred under any
of the circumstances set forth in section 11-593, subsection A.
2. Take charge of the dead body of which the medical examiner is notified and, after making inquiries
regarding the cause and manner of death, examine the body.
3. Certify to the cause and manner of death following a medical examination or an autopsy, or both.
4. Make inquiries regarding the cause and manner of death, reduce the findings to writing and promptly
make a full report on forms prescribed for that purpose.


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5. Execute a death certificate provided by the state registrar of vital statistics indicating the cause as well
as the manner of death for those bodies on which a medical examination or autopsy is performed.
6. Notify the county attorney when death is found to be from other than natural causes.
7. Notify the appropriate city, town, county or state law enforcement agency if further investigation by
such agency appears necessary.
8. Carry out the duties specified under section 28-668.
9. Carry out the duties specified under title 36, chapter 7, article 3.
B. The county medical examiner may:
1. Appoint qualified professional, technical and clerical personnel as necessary for the administration of
the office, subject to approval of the board of supervisors.
2. Authorize qualified practicing physicians in local areas to perform medical examinations required of
the county medical examiner. Authorization and the amount to be paid by the county for physician
services are subject to approval of the board of supervisors.
C. The county medical examiner or a licensed physician employed to perform these functions may:
1. Authorize the taking of anatomical gifts as they prove to be usable for transplants or other treatment
or therapy if all of the requirements of title 36, chapter 7, article 3 are met. The medical examiner shall
give this authorization within a time period that permits a medically viable donation.
2. Authorize licensed or authorized physicians, surgeons or trained technicians who remove parts of
bodies to perform any part of a necessary medical examination provided they follow a protocol
established by the medical examiner or a person authorized to act as the medical examiner.
3. Limit the removal of organs or tissues for transplants or other therapy or treatment if, based on a
physical examination of the body within a time that permits a medically viable donation, their removal
would interfere with a medical examination, autopsy or certification of death. If the medical examiner
limits the removal of organs or tissue, the medical examiner shall provide a written explanation of this
decision to the organ procurement agency within three working days of the physical examination.
D. If a dispute arises over the findings of the medical examiner's report, the medical examiner shall,
upon an order of the superior court, make available all evidence and documentation to a court-
designated licensed forensic pathologist for examination, and the results of the examination shall be
reported to the superior court in the county issuing the order.
E. For providing medical examinations and reports pursuant to subsection C of this section, the medical
examiner may charge a fee established by the board of supervisors pursuant to section 11-251.08.

11-594.01. Immunity relating to organ donation
A county medical examiner, a licensed physician acting with the permission of a medical examiner and
those persons assisting a physician shall not be held civilly or criminally liable for any acts performed in
good faith pursuant to section 11-594, subsection C.

11-595. Right to enter premises; right to seize articles
A. The county medical examiner or any person performing the duties of a county medical examiner may
enter any room, dwelling, building or other place in which the body or evidence of the circumstances of

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the death requiring investigation may be found, provided that a law enforcement agent investigating the
death obtains a search warrant for private property other than in the immediate location where the body
was found.
B. The county medical examiner or any person performing the duties of a county medical examiner,
with the permission of the law enforcement agent investigating the death may take into his or her
possession any object or article found on the deceased or in the deceased's immediate vicinity which in
his or her opinion may aid in the determination of the deceased's identity or determination of the cause
or manner of death. Upon completion of his or her findings, the medical examiner or the person
performing the duties of a county medical examiner shall within thirty days, deliver such object or
article to the law enforcement agency concerned, the legal representative of the deceased or to the
county treasurer.

11-596. Removal or disturbance of body or effects or weapons without consent prohibited
No human body or body suspected of being human shall be removed from the place where the death, if
the death is of a nature requiring investigation occurred without first obtaining permission of the county
medical examiner or the person performing the duties of a county medical examiner. No embalming,
cleansing of the surfaces of the body or other alteration of the appearance or state of the body, clothing
or personal effects shall be performed until the permission of such official has been obtained. No
person, except a law enforcement agent in the performance of his or her duties, shall remove from the
place of death or from the body of the deceased any of the effects of the deceased, or instruments or
weapons that may have been used in the death requiring investigation, unless prior permission of the
county medical examiner, the person performing the duties of a county medical examiner or the
investigating law enforcement agent has been obtained.

11-597. Autopsies; reports; exemption from liability
A. The county medical examiner or person performing the duties of a county medical examiner shall
conduct such investigation as may be required and shall determine whether or not the public interest
requires an autopsy or other special investigation. In his or her determination of the need for an autopsy,
the county medical examiner or person performing the duties of a county medical examiner may
consider the request for an autopsy made by private persons or public officials. If the county attorney or
a superior court judge of the county where the death occurred requests, the county medical examiner or
the licensed physician performing the duties of a county medical examiner shall perform an autopsy.
B. The county medical examiner or the licensed physician performing the duties of a county medical
examiner shall perform an autopsy in cases of sudden and unexplained infant death in accordance with
protocols adopted by the director of the department of health services. If the examiner determines that
the infant died of sudden infant death syndrome, the examiner shall notify the department of health
services. The examiner may take tissue samples for research purposes from an infant who died of
sudden infant death syndrome if the tissue removal is not likely to result in any visible disfigurement,
except that tissue samples for research purposes shall not be taken if a parent of the infant objects on the
grounds such procedure conflicts with personal beliefs.

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C. If an autopsy is performed, a full record or report of the facts developed by the autopsy in the
findings of the person making such autopsy shall be properly made and filed in the office of the county
medical examiner or the board of supervisors. If the person performing the autopsy determines that the
report should be forwarded to the county where the death occurred or the county wherein any injury
contributing to or causing the death was sustained, he shall forward a copy of the report to the county
attorney.
D. A county attorney may request and upon request shall receive from the county medical examiner or a
person performing the duties of a county medical examiner a copy of the report on any autopsy
performed.
E. The county medical examiner or person performing the duties of a county medical examiner may
perform such other tests deemed necessary to determine identity, cause and manner of death and may
retain tissues, specimens and other biological materials for subsequent examination.
F. When an autopsy or such other tests are performed by the county medical examiner or person
performing the duties of a county medical examiner, no cause of action shall lie against the physician or
any other person for requesting the autopsy or for participating in the autopsy.

11-598. Exhumation; court order
If in any case of sudden, violent or suspicious death a body is buried without any inquiries by the county
medical examiner or person performing the duties of a county medical examiner, the county attorney of
the county wherein the body is buried may petition the superior court for an order directing that the body
be exhumed and an autopsy performed thereon. The court after hearing may order that the body be
exhumed and that an autopsy or such other investigation as the court deems appropriate be performed.

11-599. Cremation
When a funeral director or embalmer is requested to cremate or prepare for cremation the body of a
dead person, he or she or any other person having knowledge of an intention to so cremate shall notify
the county medical examiner or if there is no county medical examiner within the county, the county
sheriff and request that an examination of the death certificate be made prior to the cremation. If there is
no medical examiner within the county, the county sheriff shall notify and secure a licensed physician to
examine the death certificate. If after examination the county medical examiner or person performing
the duties of a county medical examiner is satisfied that there is no evidence of foul play or violence, he
or she shall so certify and a copy of such certification shall be attached to the death certificate.

11-600. Burial of indigent deceased; disposal of property
A. When an examination has been completed by the county medical examiner or the person performing
the duties of a county medical examiner and no other person takes charge of the body of the deceased,
the medical examiner shall cause the body to be delivered to the funeral establishment, licensed
pursuant to title 32, chapter 12, article 4, closest geographically to the place where the body is
pronounced dead, for preservation, disinfection and final disposition. The medical examiner or person
performing the duties of a county medical examiner may establish geographical areas within the county

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and a rotation system whereby the bodies are delivered equally in sequence to all licensed funeral
establishments in each geographical area. All licensed funeral establishments in any incorporated city or
town shall be in the same geographical area. Area boundaries in unincorporated areas shall be drawn so
as to approximate equal distances between incorporated cities or towns in which a licensed funeral
establishment or establishments exist. Upon request of any licensed funeral establishment, in writing,
they shall be removed from participation in the receipt of medical examiner cases until they rescind their
request. If there is not sufficient property in the estate of the deceased to pay the necessary expenses of
the burial, the expenses shall be a legal charge against the county. Upon determination of indigency the
funeral establishment shall perform the normal county indigent burial, in the manner and for the fee then
being paid by the county, or release the body, upon county request, without fee, to the funeral
establishment designated by the county for other indigent burials.
B. Notwithstanding subsection A of this section, the county medical examiner may cause the body to be
delivered to a community college under the jurisdiction of the state board of directors for community
colleges, if the community college has an accredited mortuary science program. On acceptance of the
body, the community college mortuary science program shall with proper authorization preserve and
disinfect the body, prepare it for final disposition and deliver the body to a licensed funeral
establishment pursuant to subsection A of this section for final disposition. For the purposes of this
subsection, proper authorization may be provided by the next of kin pursuant to section 36-831,
subsection A or the public fiduciary of the county.
C. Within thirty days after the examination, the medical examiner or person performing the duties of the
county medical examiner shall deliver to the county treasurer or the legal representative of the deceased
any money or property found upon the body.




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ARS Title 12 Chapter 7

Article 10 - Liability for Emergency Services
12-971. Definitions
In this article, unless the context otherwise requires:
1. "Extraordinary emergency services" means:
(a) The actual and related costs of additional police, fire fighting, public works, paramedic and medical
personnel utilized other than those who are normally on duty; and
(b) The actual costs of rented or leased equipment reasonably needed by the state or political
subdivision in responding to the emergency; and
(c) The actual or replacement costs of chemicals or disposable materials utilized in responding to the
emergency; and
(d) Costs incurred in the evacuation or reasonable temporary housing of persons displaced from their
property by the emergency.
2. "Hazardous material" means a substance which has been determined by the United States department
of transportation under title 49, code of federal regulations, to be capable of posing an unreasonable risk
to health, safety and property if transported in commerce.
3. "Hazardous substance" means a material, and its mixtures or solutions, which has been determined by
the United States department of transportation under title 49, code of federal regulations, to be capable
of posing an unreasonable risk to health, safety and property if transported in commerce.
4. "Hazardous waste" means any material that is subject to the hazardous waste manifest of the
department of health services or the United States environmental protection agency.

12-972. Liability for emergency services
A. A person is liable to this state or a political subdivision of this state for extraordinary emergency
services which are reasonably required as a result of the person's negligence or intentional misconduct
in the use, storage or transportation of hazardous materials, hazardous substances or hazardous waste.
B. The provisions of this article shall not be construed as to limit the liability of any person under other
provisions of law.




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ARS Title 17 Chapter 2

Article 3 - Powers and Duties 17-231 - General powers and duties of the commission 17-232 -
Agreements with other states for reciprocal use of licenses 17-233 - Acquisition and disposition of
buffalo and buffalo meat 17-234 - Open or closed seasons; bag limits; possession limits 17-235 -
Migratory birds 17-236 - Taking birds; possession of raptors 17-237 - Pollution of waters 17-238 -
Special licenses for field trials, for shooting preserves and for collecting or holding wildlife in captivity
17-239 - Wildlife depredations; investigations; corrective measures; disposal; reports; judicial review
17-240 - Disposition of wildlife; devices; unlawful devices; notice of intention to destroy; waiting
period; destruction; jurisdiction of recovery actions; disposition of

17-231. General powers and duties of the commission
A. The commission shall:
1. Make rules and establish services it deems necessary to carry out the provisions and purposes of this
title.
2. Establish broad policies and long-range programs for the management, preservation and harvest of
wildlife.
3. Establish hunting, trapping and fishing rules and prescribe the manner and methods which may be
used in taking wildlife.
4. Be responsible for the enforcement of laws for the protection of wildlife.
5. Prescribe grades, qualifications and salary schedules for department employees.
6. Provide for the assembling and distribution of information to the public relating to wildlife and
activities of the department.
7. Prescribe rules for the expenditure, by or under the control of the director, of all funds arising from
appropriation, licenses, gifts or other sources.
8. Exercise such powers and duties necessary to carry out fully the provisions of this title and in general
exercise powers and duties which relate to adopting and carrying out policies of the department and
control of its financial affairs.
9. Prescribe procedures for use of department personnel, facilities, equipment, supplies and other
resources in assisting search or rescue operations on request of the director of the division of emergency
management.
10. Cooperate with the Arizona-Mexico commission in the governor's office and with researchers at
universities in this state to collect data and conduct projects in the United States and Mexico on issues
that are within the scope of the department's duties and that relate to quality of life, trade and economic
development in this state in a manner that will help the Arizona-Mexico commission to assess and
enhance the economic competitiveness of this state and of the Arizona-Mexico region.
B. The commission may:
1. Conduct investigations, inquiries or hearings in the performance of its powers and duties.
2. Establish game management units or refuges for the preservation and management of wildlife.


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3. Construct and operate game farms, fish hatcheries, fishing lakes or other facilities for or relating to
the preservation or propagation of wildlife.
4. Expend funds to provide training in the safe handling and use of firearms and safe hunting practices.
5. Remove or permit to be removed from public or private waters fish which hinder or prevent
propagation of game or food fish and dispose of such fish in such manner as it may designate.
6. Purchase, sell or barter wildlife for the purpose of stocking public or private lands and waters and
take at any time in any manner wildlife for research, propagation and restocking purposes or for use at a
game farm or fish hatchery and declare wildlife salable when in the public interest or the interest of
conservation.
7. Enter into agreements with the federal government, with other states or political subdivisions of the
state and with private organizations for the construction and operation of facilities and for management
studies, measures or procedures for or relating to the preservation and propagation of wildlife and
expend funds for carrying out such agreements.
8. Prescribe rules for the sale, trade, importation, exportation or possession of wildlife.
9. Expend monies for the purpose of producing publications relating to wildlife and activities of the
department for sale to the public and establish the price to be paid for annual subscriptions and single
copies of such publications. All monies received from the sale of such publications shall be deposited in
the game and fish publications revolving fund.
10. Contract with any person or entity to design and produce artwork on terms which, in the
commission's judgment, will produce an original and valuable work of art relating to wildlife or wildlife
habitat.
11. Sell or distribute the artwork authorized under paragraph 10 of this subsection on such terms and for
such price as it deems acceptable.
12. Consider the adverse and beneficial short-term and long-term economic impacts on resource
dependent communities, small businesses and the state of Arizona, of policies and programs for the
management, preservation and harvest of wildlife by holding a public hearing to receive and consider
written comments and public testimony from interested persons.
C. The commission shall confer and coordinate with the director of water resources with respect to the
commission's activities, plans and negotiations relating to water development and use, restoration
projects under the restoration acts pursuant to the provisions of chapter 4, article 1 of this title, where
water development and use are involved, the abatement of pollution injurious to wildlife and in the
formulation of fish and wildlife aspects of the director of water resources' plans to develop and utilize
water resources of the state and shall have jurisdiction over fish and wildlife resources and fish and
wildlife activities of projects constructed for the state under or pursuant to the jurisdiction of the director
of water resources.

17-232. Agreements with other states for reciprocal use of licenses
The commission, subject to the approval of the governor and the attorney general, is authorized to enter
into reciprocal agreements with corresponding state or county agencies of adjoining states pertaining to


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the establishment of a basis whereby licenses or permits issued by either of the parties may be used by
the licensees within the jurisdiction of either party to the agreement.

17-233. Acquisition and disposition of buffalo and buffalo meat
The commission may purchase, sell, barter, or give away buffalo or buffalo meat provided the same may
be given only to public institutions or charitable institutions and monies derived therefrom shall be
deposited in the game and fish fund.

17-234. Open or closed seasons; bag limits; possession limits
The commission shall by order open, close or alter seasons and establish bag and possession limits for
wildlife, but a commission order to open a season shall be issued not less than ten days prior to such
opening date. The order may apply statewide or to any portion of the state. Closed season shall be in
effect unless opened by commission order.

17-235. Migratory birds
The commission shall prescribe seasons, bag limits, possession limits and other regulations pertaining to
taking migratory birds in accordance with the migratory bird treaty act and regulations issued
thereunder, but the commission may shorten or modify seasons, bag and possession limits and other
regulations on migratory birds as it deems necessary.

17-236. Taking birds; possession of raptors
A. It is unlawful to take or injure any bird or harass any bird upon its nest, or remove the nests or eggs
of any bird, except as may occur in normal horticultural and agricultural practices and except as
authorized by commission order. Nothing in this title shall be construed to prohibit the taking of such
birds for scientific purposes under permits issued by the commission.
B. The commission shall issue licenses to permit the possession and transportation of raptors for sport
falconry consistent with the requirements of the migratory bird treaty act (40 Stat. 755; 16 United States
Code sections 703 through 711) and the endangered species act of 1973 (P.L. 93-205; 87 Stat. 884; 16
United States Code sections 1531 through 1544).

17-237. Pollution of waters
The commission is authorized to bring suit in the name of the state against any person, corporation, or
government agency, to restrain or enjoin the person, corporation, or government agency from
discharging or dumping into a stream or body of water in the state any deleterious substance which is
injurious to wildlife.



17-238. Special licenses for field trials, for shooting preserves and for collecting or holding wildlife
in captivity

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A. The commission may adopt rules and regulations and issue licenses for the conduct of field trials,
shooting preserves, private wildlife farms and zoos, or for the personal use and possession of wildlife so
as to safeguard the interests of the wildlife and people of the state.
B. The commission, at its discretion and under such regulations as it deems necessary, may issue a
permit to take wildlife for scientific purposes to any person or duly accredited representative of public
educational or scientific institutions, or governmental departments of the United States engaged in the
scientific study of wildlife.
C. A person holding a permit issued pursuant to this section may, upon advance approval by the
commission, buy, sell and transport wildlife legally possessed. Each person receiving a permit under
this section shall file with the department within fifteen days after requested by the department a report
of his activities under the permit. The commission may revoke such licenses or permits for
noncompliance with regulations.

17-239. Wildlife depredations; investigations; corrective measures; disposal; reports; judicial
review
A. Any person suffering property damage from wildlife may exercise all reasonable measures to
alleviate the damage, except that reasonable measures shall not include injuring or killing game
mammals, game birds or wildlife protected by federal law or regulation unless authorized under
subsection D of this section. A person may not retain or sell any portion of an animal taken pursuant to
this subsection except as provided in section 3-2403.
B. Any person suffering such property damage, after resorting to the relief as is provided in subsection
A of this section, may file a written report with the director, advising the director of the damage
suffered, and the species of animals causing the damage, and the director shall immediately order an
investigation and report by an employee trained in the handling of wild animal depredation.
C. The department shall provide technical advice and assist in the necessary anti-depredation measures
recommended in the report, including trapping, capturing and relocating animals.
D. If harvest of animals is found to be necessary to relieve damage, the commission may establish
special seasons or special bag limits, and either set reduced fees or waive any or all license fees required
by this title, to crop that wildlife. If the commission determines that this cropping by hunters is
impractical, it may issue a special permit for taking that wildlife to the landowner, lessee, livestock
operator or municipality suffering damage, provided that the edible portions, or other portions as
prescribed by the commission, of all the wildlife taken by the person suffering damage are turned over
to an agent of the department for delivery to a public institution or charitable organization.
E. Except as provided in section 41-1092.08, subsection H, in the event any person suffering property
damage from wildlife is dissatisfied with the final decision of the commission, the person may seek
judicial review pursuant to title 12, chapter 7, article 6.


17-240. Disposition of wildlife; devices; unlawful devices; notice of intention to destroy; waiting
period; destruction; jurisdiction of recovery actions; disposition of unclaimed property

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A. Wildlife seized under this title may be disposed of in such manner as the commission or the court
may prescribe, except that the edible portions shall be given to public institutions or charitable
organizations. In consultation with the department of health services and the chief veterinary meat
inspector, the commission shall adopt rules for the handling, transportation, processing and storing of
game meat given to public institutions and charitable organizations.
B. Devices, excepting firearms, which cannot be used lawfully for the taking of wildlife and being so
used at the time seized may be destroyed. Notice of intention to destroy such devices as prescribed in
this section must be sent by registered mail to the last known address of the person from whom seized if
known and posted in three conspicuous places within the county wherein seized, two of said notices
being posted in the customary place for posting public notices about the county courthouse of said
county. Such device shall be held by the department for thirty days after such posting and mailing, and if
no action is commenced to recover possession of such device within such time, the same shall be
summarily destroyed by the department, or if such device shall be held by the court in any such action to
have been used for the taking of wildlife, then such device shall be summarily destroyed by the
department immediately after the decision of the court has become final. The justice court shall have
jurisdiction of any such actions or proceedings commenced to recover the possession of such devices.
C. Devices other than those referred to in subsection B, including firearms seized under this title shall,
after final disposition of the case, be returned to the person from whom the device was seized. If the
person from whom the device was seized cannot be located or ascertained, the device seized shall be
retained by the department at least ninety days after final disposition of the case, and all devices so held
by the department may be:
1. Sold annually.
2. Destroyed only if considered a prohibited or defaced weapon, as defined in section 13-3101, except
that any seized firearm registered in the national firearms registry and transfer records of the United
States treasury department or has been classified as a curio or relic by the United States treasury
department shall not be destroyed.
D. If no complaint is filed pursuant to this title, the device shall be returned to the person from whom
seized within thirty days from the date seized.
E. A complete report of all wildlife and devices seized by the department showing a description of the
items, the person from whom it was seized, if known, and a record of the disposition shall be kept by
the department. The money derived from the sale of any devices shall be deposited in the game and fish
fund.




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ARS Title 23 Chapter 2

Article 10 - Division of Occupational Safety and Health 23-401 - Definitions 23-402 - Applicability
23-403 - Employer's duty 23-404 - Employee's duty 23-405 - Duties and powers of the industrial
commission relative to occupational safety and health 23-406 - Division of occupational safety and
health; director; appointment; qualifications; compensation 23-407 - Duties and powers of the division

23-401. Definitions
In this article, unless the context otherwise requires:
1. "Board" means a review board established pursuant to section 23-422.
2. "Commission" means the industrial commission of Arizona.
3. "De minimis violation" means a condition or practice which, although undesirable, has no direct or
immediate relationship to safety or health.
4. "Director" means the director of the division.
5. "Division" means the division of occupational safety and health within the commission.
6. "Employee" means any person performing services for an employer, including any person defined as
an employee pursuant to section 23-901, paragraph 5, except employees engaged in household domestic
labor.
7. "Employer" means any individual or type of organization, including the state and all its political
subdivisions, which has in its employ one or more individuals performing services for it in employment
and includes self-employed persons, but does not include employers of household domestic labor.
8. "Interested party" means the commission and its agents, the employer and the affected employees of
such employer.
9. "Non-serious violation" means a condition or practice in a place of employment which does not
constitute a serious violation but which violates a standard or regulation and has a direct or immediate
relationship to safety or health, unless the employer did not, and could not with the exercise of
reasonable diligence, know of the presence of such condition or practice.
10. "Recognized hazard" means an unsafe or unhealthful condition or practice recognized as such with
respect to the standard of knowledge in the industry.
11. "Regulation" means any written regulation of occupational safety and health governing places of
employment formulated pursuant to section 23-410, exclusive of standards, and shall have the same
meaning as and include the term "rule".
12. "Serious violation" means a condition or practice in a place of employment which violates a
standard, regulation or section 23-403, subsection A and produces a substantial probability that death or
serious physical harm could result, unless the employer did not, and could not with the exercise of
reasonable diligence, know of the presence of such condition or practice.
13. "Standard" means any occupational safety and health standard which has been adopted and
promulgated by a nationally recognized standards-producing organization or the federal government and
shall have the same meaning as, and include the term "code".


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14. "Trade secret" means a plan or process, tool, mechanism, or compound not patented, known only to
its owner and those of his employees to whom it is necessary to confide it.
15. "Workplace" means a location or site wherein work, either temporary or permanent, is being
conducted in connection with an industry, trade or business.

23-407. Duties and powers of the division
The division on behalf of the commission shall:
1. Recommend all standards, rules or changes thereto, pursuant to section 23-410, to the commission for
its approval or disapproval.
2. Have the authority to enforce all such standards or rules, after their adoption by the commission,
pursuant to the procedures and requirements of this article.
3. Implement an occupational safety and health program, which shall include, but not be limited to, the
following duties and responsibilities:
(a) Development of a statewide occupational safety and health education and training program to
acquaint employers, supervisors, employees and employee representatives with the most modern and
effective techniques of accident prevention and occupational health control.
(b) Development of training programs for employees of the division, and where necessary develop
certification programs for recognition of competent, trained personnel.
(c) Planning, organizing, conducting or attending occupational safety and health seminars, conferences
and meetings designed for management, supervisory personnel, employees and employer representatives
and establishing liaison with other safety and health groups as may be necessary.
(d) Definition and establishment of necessary research projects.
(e) Arrangement and procurement of necessary contractual services and training aids.
(f) Development of specific occupational safety and health programs for employer and employee
representative groups.
4. Develop and maintain an effective program of collection, compilation and analysis of occupational
safety and health statistics. The division shall compile statistics on work injuries and illnesses which
shall include all disabling, serious or significant injuries and illnesses whether or not involving loss of
time from work, other than minor injuries requiring only first aid treatment and which do not involve
medical treatment, loss of consciousness, restriction of work or motion or transfer to another job.
5. Coordinate the responsibilities and functions of other state agencies and political subdivisions of the
state with regard to occupational safety and health in order to develop a comprehensive statewide
program.




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ARS Title 26, Chapter 2

Article 1 - General Provisions
26-301. Definitions
In this chapter, unless the context otherwise requires:
1. "Commercial nuclear generating station" means an electric power generating facility which is owned
by a public service corporation, a municipal corporation or a consortium of public service corporations
or municipal corporations and which produces electricity by means of a nuclear reactor.
2. "Council" means the state emergency council.
3. "Director" means the director of the division.
4. "Division" means the division of emergency management within the department of emergency and
military affairs.
5. "Emergency functions" includes warning and communications services, relocation of persons from
stricken areas, radiological defense, temporary restoration of utilities, plant protection, transportation,
welfare, public works and engineering, search or rescue, health and medical services, law enforcement,
fire fighting, mass care, resource support, urban search or rescue, hazardous materials, food and energy
information and planning and other activities necessary or incidental thereto.
6. "Emergency management" means the preparedness, response, recovery and mitigation activities
necessary to respond to and recover from disasters, emergencies or contingencies.
7. "Hazardous materials" means:
(a) Any hazardous material designated pursuant to the hazardous materials transportation act of 1974
(P.L. 93-633; 88 Stat. 2156; 49 United States Code section 1801).
(b) Any element, compound, mixture, solution or substance designated pursuant to the comprehensive
environmental response, compensation, and liability act of 1980 (P.L. 96-510; 94 Stat. 2767; 42 United
States Code section 9602).
(c) Any substance designated in the emergency planning and community right-to-know act of 1986 (P.L.
99-499; 100 Stat. 1613; 42 United States Code section 11002).
(d) Any substance designated in the water pollution control act (P.L. 92-500; 86 Stat. 816; 33 United
States Code sections 1317(a) and 1321(b)(2)(A)).
(e) Any hazardous waste having the characteristics identified under or listed pursuant to section 49-922.
(f) Any imminently hazardous chemical substance or mixture with respect to which action has been
taken pursuant to the toxic substances control act (P.L. 94-469; 90 Stat. 2003; 15 United States Code
section 2606).
(g) Any material or substance determined to be radioactive pursuant to the atomic energy act of 1954
(68 Stat. 919; 42 United States Code section 2011).
(h) Any substance designated as a hazardous substance pursuant to section 49-201.
(i) Any highly hazardous chemical or regulated substance as listed in the clean air act of 1963 (P.L. 88-
206; 42 United States Code sections 7401-7671).



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8. "Hazardous materials incident" means the uncontrolled, unpermitted release or potential release of
hazardous materials that may present an imminent and substantial danger to the public health or welfare
or to the environment.
9. "Local emergency" means the existence of conditions of disaster or of extreme peril to the safety of
persons or property within the territorial limits of a county, city or town, which conditions are or are
likely to be beyond the control of the services, personnel, equipment and facilities of such political
subdivision as determined by its governing body and which require the combined efforts of other
political subdivisions.
10. "Mitigation" means measures taken to reduce the need to respond to a disaster and to reduce the cost
of disaster response and recovery.
11. "Preparedness" means actions taken to develop the response capabilities needed for an emergency.
12. "Recovery" means short-term activities necessary to return vital systems and facilities to minimum
operating standards and long-term activities required to return life to normal or improved levels.
13. "Response" means activities that are designed to provide emergency assistance, limit the primary
effects, reduce the probability of secondary damage and speed recovery operations.
14. "State of emergency" means the duly proclaimed existence of conditions of disaster or of extreme
peril to the safety of persons or property within the state caused by air pollution, fire, flood or
floodwater, storm, epidemic, riot, earthquake or other causes, except those resulting in a state of war
emergency, which are or are likely to be beyond the control of the services, personnel, equipment and
facilities of any single county, city or town, and which require the combined efforts of the state and the
political subdivision.
15. "State of war emergency" means the condition which exists immediately whenever this nation is
attacked or upon receipt by this state of a warning from the federal government indicating that such an
attack is imminent.

26-302. General powers of governor
The governor may delegate any of the powers vested in the office of the governor under this chapter to
the adjutant general who may further delegate the powers to the director of emergency management
except the powers enumerated in section 26-303, subsections A through G.

26-303. Emergency powers of governor; termination; authorization for adjutant general

A. During a state of war emergency, the governor may:
1. Suspend the provisions of any statute prescribing the procedure for conduct of state business, or the
orders or rules of any state agency, if the governor determines and declares that strict compliance with
the provisions of any such statute, order or rule would in any way prevent, hinder or delay mitigation of
the effects of the emergency.
2. Commandeer and utilize any property or personnel deemed necessary in carrying out the
responsibilities vested in the office of the governor by this chapter as chief executive of the state and
thereafter the state shall pay reasonable compensation therefor as follows:

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(a) If property is taken for temporary use, the governor, within ten days after the taking, shall determine
the amount of compensation to be paid therefor. If the property is returned in a damaged condition, the
governor shall, within ten days after its return, determine the amount of compensation to be paid for
such damage.
(b) If the governor deems it necessary for the state to take title to property under this section, the
governor shall then cause the owner of the property to be notified thereof in writing by registered mail,
postage prepaid, and then cause a copy of the notice to be filed with the secretary of state.
(c) If the owner refuses to accept the amount of compensation fixed by the governor for the property
referred to in subdivisions (a) and (b) of this paragraph, the amount of compensation shall be
determined by appropriate proceedings in the superior court in the county where the property was
originally taken.

B. During a state of war emergency, the governor shall have complete authority over all agencies of the
state government and shall exercise all police power vested in this state by the constitution and laws of
this state in order to effectuate the purposes of this chapter.
C. The powers granted the governor by this chapter with respect to a state of war emergency shall
terminate if the legislature is not in session and the governor has not, within twenty-four hours after the
beginning of such state of war emergency, issued a call for an immediate special session of the
legislature for the purpose of legislating on subjects relating to such state of war emergency.
D. The governor may proclaim a state of emergency which shall take effect immediately in an area
affected or likely to be affected if the governor finds that circumstances described in section 26-301,
paragraph 14 exist.
E. During a state of emergency:
1. The governor shall have complete authority over all agencies of the state government and the right to
exercise, within the area designated, all police power vested in the state by the constitution and laws of
this state in order to effectuate the purposes of this chapter.
2. The governor may direct all agencies of the state government to utilize and employ state personnel,
equipment and facilities for the performance of any and all activities designed to prevent or alleviate
actual and threatened damage due to the emergency. The governor may direct such agencies to provide
supplemental services and equipment to political subdivisions to restore any services in order to provide
for the health and safety of the citizens of the affected area.
F. The powers granted the governor by this chapter with respect to a state of emergency shall terminate
when the state of emergency has been terminated by proclamation of the governor or by concurrent
resolution of the legislature declaring it at an end.
G. No provision of this chapter may limit, modify or abridge the powers vested in the governor under
the constitution or statutes of this state.
H. If authorized by the governor, the adjutant general has the powers prescribed in this subsection. If, in
the judgment of the adjutant general, circumstances described in section 26-301, paragraph 14 exist, the
adjutant general may:


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1. Exercise those powers pursuant to statute and gubernatorial authorization following the proclamation
of a state of emergency under subsection D of this section.
2. Incur obligations of twenty thousand dollars or less for each emergency or contingency payable
pursuant to section 35-192 as though a state of emergency had been proclaimed under subsection D of
this section.

I. The powers exercised by the adjutant general pursuant to subsection H of this section expire seventy-
two hours after the adjutant general makes a determination under subsection H of this section.

26-304. State emergency council; membership; powers and duties; definition
A. There is established a state emergency council consisting of the following persons or their designee:
1. Governor.
2. Secretary of state.
3. Attorney general.
4. Adjutant general.
5. Director of the division of emergency management.
6. Director of the department of transportation.
7. Director of the department of health services.
8. Director of the department of environmental quality.
9. Director of the department of public safety.
10. Director of the department of agriculture.
11. Director of the department of administration.
12. Director of the department of water resources.
13. President of the senate as an advisory member.
14. Speaker of the house of representatives as an advisory member.
B. The powers and duties of the council include:
1. Making recommendations for orders, rules, policies and procedures to the governor.
2. Recommending to the governor the assignment of any responsibility, service or activity to a state
agency relative to emergencies or planning for emergencies.
3. Issuing, in the event of inaccessibility of the governor, a state of emergency proclamation under the
same conditions by which the governor could issue such a proclamation, if the action is taken at a
meeting of the council called by the director and if not less than three council members, one of whom is
an elected official, approve the action.
C. The council shall monitor each emergency declared by the governor and the activities and response
of the division to the emergency. The council shall recommend to the governor or the legislature based
on the reports submitted to it by the auditor that the emergency conditions have stabilized and that the
emergency is substantially contained.
D. For the purposes of this section, "advisory member" means a member who gives advice to the other
members of the state emergency council at meetings of the council but who is not eligible to vote, is not


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a member for purposes of determining whether a quorum is present and is not eligible to receive any
compensation or reimbursement of expenses by the council.

26-305. Division of emergency management; duties; director; term; qualifications; compensation;
emergency management training fund
A. There is established in the department of emergency and military affairs the division of emergency
management which is administered by the department, under the authority of the adjutant general,
subject to powers vested in the governor as provided by law.
B. The division shall prepare for and coordinate those emergency management activities which may be
required to reduce the impact of disaster on persons or property.
C. Through the powers vested in the governor, the division shall coordinate the cooperative effort of all
governmental agencies including the federal government, this state and its political subdivisions to
alleviate suffering and loss resulting from disaster.
D. The adjutant general shall appoint the director who serves at the pleasure of the adjutant general. The
adjutant general shall select the director on the basis of demonstrated ability in governmental functions
or business administration and general knowledge of contingency planning and disaster preparedness.
The director shall devote full time to the office and shall hold no other office.
E. The director is eligible to receive compensation pursuant to section 38-611.
F. Employees other than the director are employees as defined by section 41-762.
G. The emergency management training fund is established consisting of monies received from fees
collected by the division for coordinating symposiums, training conferences and seminars relating to its
powers and duties. The director of the division shall deposit all fees collected for these activities in the
fund which shall be used only for expenses of the activities. All monies collected from each event that
are in excess of the expenses of the event shall revert to the state general fund by the end of the fiscal
year.

26-305.01. Nuclear emergency plan; duties of division and director
A. The division is designated the lead agency and has the overall and primary responsibility for
development of a state plan for off-site response to an emergency caused by an accident at a commercial
nuclear generating station.
B. The director shall develop the plan by appointing a coordinator and response group and working in
consultation with designated representatives from the following:
1. Radiation regulatory agency.
2. Arizona department of agriculture.
3. Department of health services.
4. Department of public safety.
5. Department of transportation.
6. Division of military affairs within the department of emergency and military affairs.
7. Department of commerce.
8. Arizona corporation commission.

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9. Department of environmental quality.
10. Any other agencies or offices deemed necessary by the division of emergency management.

26-305.02. Hazardous materials emergency management program; emergency planning and
community right-to-know; duties of the division and director
A. The division is designated the lead agency for developing and implementing a state hazardous
materials emergency management program.
B. The director shall appoint a coordinator to work in consultation with designated representatives from
the following agencies and departments in the development and implementation of the hazardous
materials emergency management program:
1. The department of environmental quality.
2. The department of health services.
3. The department of public safety.
4. The department of transportation.
5. The Arizona department of agriculture.
6. The corporation commission.
7. The industrial commission.
8. The office of state fire marshal.
9. The office of state mine inspector.
10. The radiation regulatory agency.
11. Other agencies or offices deemed necessary by the director.
C. Nothing in this article shall be construed to change or alter the existing regulatory authority or
provisions of law relating to the agencies and departments listed in subsection B of this section.
D. The division is designated as the lead agency for implementing title III of the superfund amendments
and reauthorization act of 1986 (P.L. 99-499). The director shall plan, program and budget the Arizona
emergency response commission activities and administer any monies received under section 26-343,
subsection G.

26-306. Powers and duties of the director of emergency management
A. The director shall, subject to the approval of the adjutant general:
1. Be the administrative head of the division.
2. Be the state director for emergency management.
3. Make rules necessary for the operation of the division.
4. Develop and test plans for meeting any condition constituting a state of emergency or state of war
emergency, except those emergency plans specifically assigned by the governor to other state agencies.
Such plans shall provide for the effective mobilization and management of personnel and equipment of
the state.
5. During a state of war emergency, coordinate the emergency activities of all state agencies except the
national guard.


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6. During a state of emergency or a local emergency, coordinate the emergency activities of all state
agencies and the national guard.
7. Coordinate the use of state personnel, equipment, services and facilities, including communication
services, if requested by political subdivisions in support of emergency management activities.
8. Coordinate the use of personnel, equipment, services and facilities, including communication
services, of one or more political subdivisions in support of any other political subdivision in meeting
emergency needs, including search or rescue operations, on the request of the using political
subdivision.
9. Develop, test and maintain a plan pursuant to section 26-305.01 for response by agencies of this state
and its political subdivisions to an accident at a commercial nuclear generating station.
10. Every two years submit a recommendation to the legislature in connection with the assessment
prescribed by section 26-306.01 with supporting documentation and information.
11. Develop, implement and maintain a state hazardous materials emergency response and recovery plan
as part of the hazardous materials emergency management program pursuant to section 26-305.02.
12. Coordinate the development, implementation and maintenance of standardized curricula for
hazardous materials training and education.
B. The director may, subject to the approval of the adjutant general:
1. Propose, develop, negotiate and consummate contractual arrangements with the federal government,
state agencies and political subdivisions for technical, administrative and financial support from the
federal, state and local government in connection with the emergency management activities of the
state.
2. Represent the state at conferences in the development and promotion of the emergency management
capability of the state.
3. Establish a disaster prevention council to plan for disaster prevention. The council shall consist of the
members of the state emergency council and other members as determined by the director. The disaster
prevention council shall coordinate the disaster prevention expertise of representatives of federal, state
and local business and industry and promote partnerships to substantially reduce property loss from
natural and technological disasters.

26-306.01. Assessment on commercial nuclear generating stations
A. The legislature shall levy an assessment pursuant to subsection D of this section to provide for the
development and maintenance of a state plan for off-site response to an emergency caused by an
accident at a commercial nuclear generating station and to provide for the equipment, personnel,
facilities, training and testing necessary to comply with criteria for preparation and evaluation of
radiological emergency response plans and preparedness in support of commercial nuclear generating
stations prescribed by the United States nuclear regulatory commission and the federal emergency
management agency.
B. Before October 31 in each even numbered year, the director shall recommend to the legislature an
amount necessary to develop, maintain and support the state plan.


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C. The legislature shall appropriate for each of the following two fiscal years the amount necessary to
develop, maintain and support the state plan, after hearing the recommendation under subsection B of
this section. The monies shall be appropriated to the nuclear emergency management fund established
by section 26-306.02.
D. Every two years an assessment for each of the two years of the biennium is levied against each
consortium of public service corporations and municipal corporations engaged in constructing or
operating a commercial nuclear generating station for the purpose of developing, maintaining and
supporting the state plan. The assessment shall be in an amount equal to the appropriations provided by
subsection C of this section, plus interest at a rate of ten per cent per annum, and shall be contained in
the same appropriation bill provided by subsection C of this section. Interest shall be charged on any
amounts that are appropriated pursuant to subsection C of this section, and that have not been repaid,
from the date the appropriation becomes available for expenditure until payment is received. The
assessment for each year of the biennium shall be collected by the department of revenue. Monies
collected from the levy shall be deposited in the state general fund.
E. If a consortium fails or refuses to pay its assessment within the year for which the assessment is
made, the legislature may direct the director to notify the United States nuclear regulatory commission,
or its successor in licensing commercial nuclear generating stations, of this state's incapacity to support
an off-site emergency response plan for the commercial nuclear generating station.

26-306.02. Nuclear emergency management fund; exemption; audit
A. A nuclear emergency management fund is established consisting of monies appropriated under
section 26-306.01, subsection C. The division shall use the fund for administering and enforcing the
state plan for off-site response to an emergency caused by an accident at a commercial nuclear
generating station.
B. Monies in the fund are appropriated for use by the division as provided in this section. Monies
deposited in the fund are exempt from section 35-190 relating to lapsing of appropriations, except that
any monies remaining unexpended and unencumbered at the end of each fiscal year from the
distributions made from the fund to the division of emergency management of the department of
emergency and military affairs to the radiation regulatory agency and to departments and agencies of
Maricopa county revert to the nuclear emergency management fund and shall be used to reduce the
assessment and appropriation to the fund for the following fiscal years. The reduction in the
appropriation for each applicable agency shall be equal to the amount of monies reverted to the fund by
each agency.

26-307. Power of counties, cities, towns and state agencies designated by the governor to make
orders, rules and regulations; procedure

A. State agencies when designated by the governor, and counties, cities and towns may make, amend
and rescind orders, rules and regulations necessary for emergency functions but such shall not be
inconsistent with orders, rules and regulations promulgated by the governor.

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B. Any order, rule or regulation issued by the governing body of a county or other political subdivision
of the state is effective when a copy is filed in the office of the clerk of the political subdivision.
Existing laws, ordinances, orders, rules and regulations in conflict with this chapter or orders, rules or
regulations issued under authority of this chapter are suspended during the time and to the extent that
they conflict.
C. In a state of war emergency, counties, cities and towns may waive procedures and formalities
otherwise required by law pertaining to the performance of public work, entering into contracts,
incurring obligations, employing permanent and temporary workers, utilizing volunteer workers, renting
equipment, purchasing and distributing supplies, materials and facilities and appropriating and
expending public funds when such governmental entity determines and declares that strict compliance
with such procedures and formalities may prevent, hinder or delay mitigation of the effects of the state
of war emergency.
D. In the absence of specific authority in state emergency plans and programs, the governing body of
each county, city and town of the state shall take emergency measures as deemed necessary to carry out
the provisions of this chapter.

26-308. Powers of local government; local emergency management establishment; organization
A. Each county and incorporated city and town of the state may appropriate and expend funds, make
contracts and obtain and distribute equipment, materials and supplies for emergency management
purposes.
B. Each county and incorporated city and town of the state shall establish and provide for emergency
management within its jurisdiction in accordance with state emergency plans and programs. Each
unincorporated community may establish such emergency management programs.
C. The chief executive officer or governing body of each county, incorporated city or incorporated town
may appoint a director who shall be responsible for the organization, administration and operation of
local emergency management programs, subject to the direction and control of such executive officer or
governing body.
D. State emergency plans shall be in effect in each such political subdivision of the state. The governing
body of each such political subdivision shall take such action as is necessary to carry out the provisions
thereof, including the development of additional emergency plans for the political subdivision in
support of the state emergency plans.
E. Each county's emergency management organization shall:
1. Maintain a list of public and private organizations within the county which have personnel trained
and available for assisting in meeting emergency needs.
2. Maintain an inventory of facilities, equipment, supplies and other resources within the county
available for use in meeting emergency needs.
3. Provide a summary of the information required in paragraphs 1 and 2 to the state director of
emergency management.



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26-309. Mutual aid; responsibilities of agencies and officials; interstate and federal agreements
A. The purposes of the provisions of this section are to facilitate the rendering of aid to persons or
property in areas within the state stricken by an emergency and to make unnecessary the execution of
written agreements in times of emergency. Any emergency plans duly adopted and approved satisfy the
requirement for mutual aid agreements.
B. During an emergency, if the need arises for outside aid in any county, city or town, such aid may be
rendered in accordance with approved emergency plans.
C. The governor may, on behalf of this state, enter into reciprocal aid agreements or compacts, mutual
aid plans, or other interstate arrangements for the protection of life and property with other states and
the federal government. Such mutual aid arrangements may include the furnishing or exchange on terms
and conditions deemed necessary of supplies, equipment, facilities, personnel and services.

26-310. Use of professional skills
During a state of war emergency or a state of emergency, any person holding any license, certificate or
other permit issued by any state evidencing the meeting of the qualifications of such state for
professional, mechanical or other skills may render aid involving such skill to meet the emergency as
fully as if such license, certificate or other permit had been issued in this state, if any substantially
similar license, certificate or other permit is issued in this state to applicants possessing the same
professional, mechanical or other skills.

26-311. Local emergency; power of political subdivisions; state agency assistance
A. In addition to the powers granted by other provisions of the law or charter, whenever the mayor of an
incorporated city or town or the chairman of the board of supervisors for the unincorporated portion of
the county, shall deem that an emergency exists due to fire, conflagration, flood, earthquake, explosion,
war, bombing, acts of the enemy or any other natural or man-made calamity or disaster or by reason of
threats or occurrences of riots, routs, affrays or other acts of civil disobedience which endanger life or
property within the city, or the unincorporated areas of the county, or portion thereof, the mayor or
chairman of the board of supervisors, if authorized by ordinance or resolution, may by proclamation
declare an emergency or a local emergency to exist.
B. If an emergency is declared pursuant to subsection A, the mayor or the chairman of the board of
supervisors shall, during such emergency, govern by proclamation and shall have the authority to
impose all necessary regulations to preserve the peace and order of the city, town, or unincorporated
areas of the county, including but not limited to:
1. Imposition of curfews in all or portions of the political subdivision.
2. Ordering the closing of any business.
3. Closing to public access any public building, street, or other public place.
4. Calling upon regular or auxiliary law enforcement agencies and organizations within or without the
political subdivision for assistance.
5. Notifying the constitutional officers that the county office for which they are responsible may remain
open or may close for the emergency.

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C. In periods of local emergency, including an emergency declared pursuant to subsection A of this
section, political subdivisions have full power to provide mutual aid to any affected area in accordance
with local ordinances, resolutions, emergency plans or agreements therefor.
D. State agencies may provide mutual aid, including personnel, equipment and other available resources
to assist political subdivisions during a local emergency in accordance with emergency plans or at the
direction of the governor.


26-312. Authority of executive officers and governing bodies to accept materials or funds
The governor on behalf of the state or the governing body of a political subdivision of this state may
accept for purposes of emergency services an offer of the federal government or an agency or officer
thereof, or an offer of any person, firm or corporation of services, equipment, supplies, material or
funds, whether by gift, grant or loan and may designate an officer of the state or subdivision thereof to
receive them on behalf of the state or subdivisions subject to terms, if any, of the offeror.

26-313. Reimbursement to state agencies; use of state agency resources
A. Reimbursement to any state agency for state funds expended in the performance of any and all
activities as set forth in this chapter shall be made in accordance with section 35-192.
B. Any funds received by state agencies as reimbursement for services or supplies furnished under the
authority of this chapter shall be deposited to the credit of the account of the agency which rendered
such services or furnished such supplies.

26-314. Immunity of state, political subdivisions and officers, agents and employees; limitation
A. This state and its political subdivisions shall not be liable for any claim based upon the exercise or
performance, or the failure to exercise or perform, a discretionary function or duty on the part of the
state or its political subdivisions or any employee of this state or its political subdivisions, excepting
wilful misconduct, gross negligence or bad faith of any such employee, in carrying out the provisions of
this chapter.
B. The immunities from liability, exemptions from laws, ordinances and rules, all pensions, relief,
disability workers' compensation and other benefits which apply to the activity of officers, agents or
employees of any political subdivision when performing their respective functions within the territorial
limits of their respective political subdivisions shall apply to them to the same degree and extent while
engaged in the performance of any of their functions and duties extraterritorially under the provisions of
this chapter, excepting wilful misconduct, gross negligence, or bad faith.
C. Volunteers duly enrolled or registered with the division of emergency management or any political
subdivision, in a local emergency, a state of emergency, or a war emergency, or unregistered persons
placed into service during a state of war emergency, in carrying out, complying with, or attempting to
comply with any order or rule issued pursuant to the provisions of this chapter or any local ordinance, or
performing any of their authorized functions or duties or training for the performance of their authorized
functions or duties, shall have the same degree of responsibility for their actions, and enjoy the same

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immunities and disability workers' compensation benefits as officers and employees of the state and its
political subdivisions performing similar work.
D. No other state or its officers or employees rendering aid in this state pursuant to any interstate mutual
aid arrangement, agreement or compact shall be liable on account of any act or omission in good faith
on the part of such state or its officers or employees while so engaged, or on account of the maintenance
or use of any equipment or supplies in connection with an emergency.



26-315. Political activities prohibited
No public organization established under the authority of this chapter shall participate in any form of
political activity nor shall it be employed directly or indirectly for political purposes.

26-316. Enforcement of orders, rules and regulations
The law enforcing authorities of the state and political subdivisions shall enforce orders, rules and
regulations issued pursuant to this chapter.

26-317. Violation; classification
Any person who violates any provision of this chapter or who knowingly fails or refuses to obey any
lawful order or regulation issued as provided in this chapter shall be guilty of a class 1 misdemeanor.
This provision does not apply to the refusal of any private organization or member thereof to participate
in a local emergency or state of emergency as defined by this chapter.

26-318. Exemption from payment of registration and weight fees for vehicles owned by a disaster
assistance organization; procedure; form
A. Any nonprofit organization organized in this state and recognized as nonprofit and tax exempt by the
United States internal revenue service and owning vehicles operated exclusively for disaster or search
and rescue assistance may apply to the division of emergency management, on a form prescribed by the
director, for exemption from the registration and weight fees for any motor vehicle, trailer or semitrailer
owned by the organization.
B. The form shall include the following:
1. The vehicle make and model.
2. The vehicle identification number.
3. The name of the presiding officer of the disaster assistance organization.
4. A statement that the nonprofit organization is recognized as nonprofit and tax exempt by the United
States internal revenue service.
5. A statement that the vehicle is used exclusively for disaster or search and rescue assistance.
6. The signature of the presiding officer.
C. The director shall approve the forms of those vehicles meeting the requirements of subsection B and
shall return the approved forms to the nonprofit organization.

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Article 2 - Flood Relocation and Land Exchange
26-321. Definitions
In this article, unless the context otherwise requires:
1. "Business" means a commercial, civic, governmental or religious enterprise which is determined by
the director to be incompatible with proper floodplain management. Business does not include a farm,
ranch or any other agricultural, horticultural, livestock or poultry enterprise.
2. "Director" means the director of the division of emergency management.
3. "Dwelling unit" means a place of residence and may be located in a single or multiple dwelling
building.
4. "Floodplain" means the relatively flat areas or lowlands adjoining the channel of a watercourse, or
areas where drainage is or may be restricted by man-made structures which have been or may be
covered partially or wholly by floodwater from a one hundred year flood as delineated pursuant to title
45, chapter 8 or pursuant to federal law. If a floodplain of a watercourse has not been delineated,
floodplain means an area near the watercourse which could be delineated under such chapter or pursuant
to federal law.
5. "Governing board" means the governing body of an incorporated town, city, charter city or county, as
applicable.
6. "Resident" means a natural person who actually resides in a dwelling unit for not less than nine
months per year.

26-322. Determination of eligibility for flood relocation and land exchange
A. The governing board shall petition the director to designate a specific land area within a floodplain as
eligible for flood relocation assistance and exchange for state land pursuant to section 37-610 if five or
more residents, businesses or combination of both from such area so request the governing board in
writing and if the requirements of subsection B of this section are met.
B. Before petitioning the director, the governing board shall determine that:
1. A majority of the residents and businesses located in the specific area of the floodplain has signed a
petition with the governing board requesting relocation.
2. A suitable parcel of state land or a parcel of land held by another governmental entity is available
within a reasonable distance from the floodplain area, not to exceed twenty-five miles, which is capable
of supporting those who wish to relocate on such parcel of land.
C. The director shall determine the eligibility of a floodplain area for flood relocation assistance.
Eligibility shall occur only if all of the following apply:
1. The area is in a floodplain, as certified by the director of water resources.
2. There is no approved or authorized flood control project which would, upon completion, protect the
area as certified by the director of water resources.
3. There are funds available in the floodplain land exchange fund to compensate the state trust for the
estimated amount of exchanges involving private land valued at less than the state land for which it is
exchanged or for the purchase of an available parcel of state land, state trust land or other public or


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private land as prescribed by subsection E of this section. The director shall obtain certification from the
state land department that such funds are available.
4. There are funds available from federal, state and local sources for support of the relocation process.
D. If it is determined by the governing board pursuant to subsection B, paragraph 2 of this section that a
parcel of land held by a governmental entity other than the state is available for exchange, the director
shall attempt to secure such land for the relocation program.
E. The director may purchase land to support the relocation using funds from the floodplain land
exchange fund if he determines, in consultation with the state land commissioner, that the purchase is in
the best interest of this state. If the director so determines, he may exchange the purchased land with
land belonging to residents in floodplain areas.
F. If private land within such a floodplain is not exchanged pursuant to this section, the division may,
upon the determination of the director, condemn such land.
G. The director may enter into contracts of indemnity to indemnify any public or private agency,
association, corporation or other entity or any individual against liability by virtue of injuries, losses or
damages in connection with the administration of this article.
H. Lands purchased or exchanged for flood relocation purposes which are adjacent to any area currently
being used for agricultural purposes must include a buffer zone of one-quarter mile from any school
ground or campus and one hundred feet from any dwelling unit.

26-323. Designation and disposal of surplus lands acquired through exchange
If the director determines that the flood relocation and land exchange has been completed with regard to
a petition received and approved under section 26-322, and if land purchased under section 26-322,
subsection E remains that has not been exchanged with residents in floodplain areas or if land has been
obtained by an exchange as a result of a petition under section 26-322, the director, after consulting with
the state land commissioner, shall designate those lands as surplus lands and transfer them to the state
land department at the time the designation is made.




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Article 3 - Emergency Planning and Community Right-to-Know Act
26-341. Definitions
In this article, unless the context otherwise requires:
1. "Commission" means the Arizona emergency response commission.
2. "Committee" means a local emergency planning committee.
3. "Extremely hazardous substances", "facility", "hazardous chemical", "person", "release" and "toxic
chemical" have the meaning set forth in section 329 of title III.
4. "Hazardous substance" has the meaning set forth in the comprehensive environmental response,
compensation, and liability act of 1980 (P.L. 96-510; 94 Stat. 2767), as amended by SARA.
5. "SARA" means the superfund amendments and reauthorization act of 1986 (P.L. 99-499).
6. "Title III" means title III of SARA.

26-342. Relationship to other law; declaration of application
This article does not:
1. Preempt any local charter, ordinance or code.
2. Require any state agency or local government to adopt or enforce any statute or rule.
3. Affect or modify the obligations or liabilities of any person under federal law.

26-343. Arizona emergency response commission; advisory committee; powers and duties
A. The Arizona emergency response commission is established consisting of the director of the division,
who shall serve as chairman, and the directors, or their respective designees, of the department of
environmental quality, the department of health services, the department of public safety and the
department of transportation.
B. An advisory committee to the commission is established consisting of:
1. The state fire marshal.
2. The chief administrative officer or his designee, of the following agencies:
(a) Arizona department of agriculture.
(b) Corporation commission.
(c) Industrial commission.
(d) Radiation regulatory agency.
(e) State mine inspector.
3. Two representatives nominated by the Arizona fire chiefs association incorporated or its successor
agency. One nominee shall represent a fire department serving a population of two hundred fifty
thousand or more persons. One nominee shall represent a fire department or fire district serving a
population of less than two hundred fifty thousand persons. The term of appointment is for two years.
C. The governor shall appoint four private sector representatives to the advisory committee to the
commission after reviewing the recommendations provided by the commission. The governor shall
appoint, or reappoint, two of the members each year from the private sector, to serve terms of two years.
These members, to the extent practicable, shall have technical expertise in the emergency response field.


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D. The members of the commission shall serve without compensation but are eligible for
reimbursement for travel and other expenses as provided by law. The division and the department of
environmental quality shall provide such professional, technical or administrative staff support as
necessary to implement and perform the commission duties.
E. The commission shall meet as often as necessary and may organize itself into such support
committees as necessary to implement this article and title III in this state. The full commission shall
meet at least annually. The commission may adopt internal operating rules.
F. The commission shall administer this article and the rules adopted under this article. The commission
shall administer title III in this state and may conduct whatever activities are necessary to implement this
article and title III in this state. The commission is granted all the authority and responsibilities of a state
emergency response commission for purposes of title III.
G. The commission may procure by contract the temporary or intermittent services of experts or
consultants if such services are to be performed on a part-time or fee-for-services basis and do not
involve the performance of administrative duties. The commission may also enter into agreements with
political subdivisions for purposes of this article. The commission may also accept on behalf of this
state any reimbursement, grant or gift that may become available for purposes of this chapter. The
commission shall deposit, pursuant to sections 35-146 and 35-147, any such monies in the emergency
response fund.
H. The commission shall establish a program of financial grants to local governments funded through
the division by appropriations to the emergency response fund. The grants shall be dedicated to and used
for local compliance with this article. The commission shall include procedures for applying for the
grants and qualifying criteria for awarding the grants.
I. The commission shall adopt and may modify, suspend or repeal rules pursuant to title 41, chapter 6.
The rules may not be more stringent than title III and the federal regulations adopted under title III,
except as specifically authorized in this article. These rules shall implement this chapter and title III in
this state. The authority to adopt rules includes establishing:
1. Procedures for handling public information requests.
2. Procedures and implementing programs for chemical emergency planning and preparedness.
3. Community right-to-know program reporting requirements.
4. Release reporting requirements.

26-344. Emergency planning districts; local emergency planning committees
A. The commission shall designate emergency planning districts to facilitate preparing and
implementing district emergency plans. If appropriate, the commission may designate cities, towns,
counties or multi-jurisdictional planning organizations as such districts. The commission may also enter
into intergovernmental agreements with other states or political subdivisions of other states to establish
multi-jurisdictional planning districts. The commission may revise its designation of emergency
planning districts as necessary.
B. The commission, after designating emergency planning districts, shall appoint members of a local
emergency planning committee for each emergency planning district. The governmental entity for the

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city, town, county or multi-jurisdictional planning organization encompassing the district shall provide
administrative support for the local emergency planning committee and shall nominate persons for
initial appointment to the committee. On establishment of the committee, the committee chairman on a
majority vote of the committee may nominate subsequent committee members. Each committee shall
include, at a minimum, representatives from each of the following groups or organizations:
1. Elected state and local officials.
2. Law enforcement, civil defense, fire fighting, first aid, health, local environmental, hospital and
transportation personnel.
3. Broadcast and print media.
4. Community groups.
5. Owners and operators of facilities subject to the requirements of this article.
C. The committee shall appoint a chairman and shall adopt procedural rules by which the committee
shall function including the requirements set forth in section 301 of title III.
D. The commission, as it deems appropriate, may modify its designations of emergency planning
districts or its appointments to the emergency planning committees. Members of the public may petition
the commission to modify the membership of a local emergency planning committee.

26-345. Comprehensive emergency response plans
A. The local emergency planning committees shall comply with section 303 of title III.
B. Based on information from the commission and state and local emergency and disaster agencies and
departments, as well as information obtained from facilities subject to this article and title III, each local
committee shall prepare and annually review an emergency response plan for its emergency planning
district in order to address emergencies due to releases from facilities and transportation vehicles in its
emergency planning district. After completing an emergency plan for an emergency planning district,
the local emergency planning committee shall provide a copy of the plan to the district's governmental
entity for incorporation into the entity's emergency operations plan and submit a copy of the plan to the
commission. The commission shall review the plan and make recommendations to the committee on
revisions that may be necessary to ensure that it meets the requirements of this article or any rules
adopted under this article. The commission shall further ensure that the plan is coordinated with the
emergency response plans of adjoining emergency planning districts as applicable. To prevent a delay in
implementing any emergency plan, the commission shall endeavor to review each plan within a sixty
day period and provide comments or recommendations for modifications within that period. The
commission shall establish a period of time, not normally to exceed sixty days, for the committee to
resubmit the emergency plan. The commission, at its own initiative, may assign the highest priority to
those plans which include the geographic areas which have the greatest number of facilities that pose the
greatest risk of harm to the public health, safety or welfare or the environment.
C. Each local emergency planning committee shall conduct at least a biennial exercise of its emergency
plan and shall provide at least thirty days' notice of these exercises to the commission. The region IX
United States environmental protection agency office of primary responsibility for title III, or its


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successor, or the commission may participate in exercise development and observe the exercise and may
provide comments to the committee regarding the exercise.
D. Each local emergency planning committee shall evaluate the need for resources necessary to develop,
implement and exercise the emergency plan in its district and shall make recommendations with respect
to the need for additional resources that may be required and the means for providing such additional
resources.
E. Each emergency plan shall include provisions listed in section 303C of title III and, in addition, shall
include:
1. Identifying the heads of the emergency response organizations for designated areas or local
governments in the district who shall make determinations necessary to implement the plan.
2. A description of specialized equipment, facilities, personnel and emergency response organizations
available in the district to respond to releases subject to this section.
3. Mutual aid agreements with other districts, and the allocation of emergency response resources for
responding to releases subject to this section, if applicable.

26-346. Extremely hazardous substances
Unless otherwise provided in this article, a substance is subject to the requirements of this article if it is
an extremely hazardous substance as listed and published by the administrator of the United States
environmental protection agency, or its successor, and it is held in quantities at or above the threshold
planning quantity as established pursuant to section 302 of title III.

26-347. Facilities subject to emergency planning; facility emergency response plans
A. A facility is subject to emergency planning requirements if a substance identified under section 26-
346 is present at the facility in an amount at or in excess of the threshold planning quantity for that
substance.
B. For purposes of emergency planning, the commission may designate additional facilities which are
subject to this section. The designation shall be accomplished after providing at least thirty days' prior
public notice in a newspaper of general circulation in the county where the facility is located, after
allowing public comment to the commission for thirty days and after notification to the facility of the
proposed designation.
C. The owner or operator of a facility subject to this section shall provide to the committee the identity
of a facility representative who will provide a facility emergency response plan and who will participate
in the emergency planning process as the facility emergency coordinator.
D. Each facility subject to this section shall prepare a facility emergency response plan and submit
copies of that plan to the commission, the local emergency planning committee for the district in which
the facility is located and the fire department with jurisdiction over the facility. A facility that is required
to prepare a contingency plan under title 49, chapter 5, article 2 or the resource conservation and
recovery act of 1976 (P.L. 94-580; 90 Stat. 2795) may submit that contingency plan in lieu of the
emergency response plan required by this section if the information in paragraphs 1 through 7 of this
subsection is included in the plan. In preparing the plan required by this section, the facility emergency

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coordinator shall consult with the local emergency planning committee and other emergency and health
professionals to assure maximum coordination with those whose cooperation or services may be
required in the event of a reportable release. The facility emergency response plan shall include specific
actions to be taken in the event of an imminent or accidental reportable release to safeguard the public
health, safety and welfare and the environment to the maximum extent practicable. The facility
emergency response plan shall include:
1. Names, addresses and emergency telephone numbers of a facility emergency coordinator and
alternate.
2. A description of emergency warning systems and a list of emergency units, emergency personnel and
health professionals in close proximity to the facility.
3. A description of employee emergency response training and emergency preparedness programs.
4. A description of appropriate emergency equipment necessary to respond to a release.
5. A description of emergency response procedures including notification procedures and evacuation
plans in the event of a release.
6. Identification of transport routes and transportation methods used to transport extremely hazardous
substances to and from the facility, if known.
7. Provisions for at least an annual review of the plan and provisions to demonstrate the capability to
execute the plan on the request of the commission.

26-348. Emergency notification of reportable releases
A. If a reportable release of an extremely hazardous substance listed under section 26-346 occurs from a
facility at which a hazardous chemical is produced, used or stored, the owner or operator of the facility,
except as excluded under title 40 code of federal regulations section 355.40, in addition to any other
notification required by law or rule, shall immediately orally notify the community emergency
coordinator for the local emergency planning committee for any area likely to be affected by the
reportable release, and the commission, by notifying the emergency response unit of the department of
environmental quality and appropriate emergency responders designated by rule of the commission, in
the manner prescribed by rule of the commission. Unless impracticable under the circumstances, this
oral notification shall occur immediately after the facility emergency coordinator or his designee has
knowledge of the reportable release. The notice of the reportable release shall include the following to
the extent known at the time of the notice and as long as no delay in responding to the emergency
results:
1. The specific location of the release.
2. The chemical name or identity of substances released and a description of the container or vessel
from which the release occurred.
3. An estimate of the quantity of substances which were released into the environment.
4. The time and duration of the release.
5. The medium or media into which the release occurred.
6. Any known or anticipated acute or chronic health risks associated with the release and, if within the
informant's knowledge, advice regarding medical attention necessary for exposed individuals.

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7. Proper precautions to take as a result of the release, including evacuation and other proposed response
actions.
8. The name and telephone number of the person or persons to be contacted for further information.
B. Within thirty days after the reportable release, the owner or operator of a facility where a release
occurred requiring notification pursuant to this section shall submit to the local emergency planning
committee and to the commission a written follow-up emergency notice stating and updating the
information originally provided pursuant to subsection A of this section and including the following
additional information:
1. Actions taken to respond to and contain the release.
2. Any known or anticipated acute or chronic health risks associated with the release.
3. If appropriate, advice regarding medical attention necessary for exposed individuals.
4. Measures which have been or will be taken at the facility to avoid a reoccurrence of similar releases.
C. After additional information becomes known, the owner or operator shall update the notice in writing
within seven calendar days.

26-349. Material safety data sheets
A. A person who owns or operates a facility which is required to prepare or have available a material
safety data sheet for a hazardous chemical under the occupational safety and health act of 1970 (P.L. 91-
593; 84 Stat. 1590), and federal regulations adopted under that act, or under title 23, chapter 2, article
10, and rules adopted under that article, shall submit to the local emergency planning committee for the
district in which the facility is located, the commission and the fire department with jurisdiction over the
facility material safety data sheets or lists of hazardous chemicals and any extremely hazardous
substances stored, handled or processed at the facility pursuant to minimum threshold levels prescribed
in title 40 code of federal regulations part 370 as well as comply with section 311 of Title III and
regulations adopted under that act.
B. If a list of hazardous chemicals or extremely hazardous substances is submitted under this section, it
shall include:
1. Information prescribed by section 311 of title III.
2. The chemical abstract service registry number applicable to each such chemical and substance, if
available.
3. An indication of whether the owner elects to withhold information about the hazardous chemical or
extremely hazardous substance from disclosure as a trade secret.
C. On request of a local emergency planning committee, the commission or the local fire department
with jurisdiction over the facility, an owner or operator of a facility who has submitted a list pursuant to
this section shall also submit the material safety data sheet for any chemical on the list to the requesting
agency. On request by any person, the local emergency planning committee may make available a
material safety data sheet to the person or transmit the request to the commission which shall make the
material safety data sheet available, subject to the trade secret provisions and regulations adopted under
title III. If the committee or commission does not have the requested material safety data sheet, the
committee or commission shall request the sheet from the facility owner or operator. The facility owner

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or operator shall make the sheet available within thirty days after receiving the request to the committee
or commission and the committee or commission shall make the sheet available to the requesting person
subject to the trade secret provisions and regulations adopted under title III.
D. Within three months after discovery by an owner or operator of a facility of significant new
information concerning an aspect of a hazardous chemical for which a list or material safety data sheet
was submitted, or within three months after a facility obtains a new hazardous chemical subject to the
reporting requirements of this section, the owner or operator shall update and submit a revised list or
material safety data sheet to the local emergency planning committee, the commission and the fire
department with jurisdiction over the facility.

26-350. Emergency and hazardous chemical inventory forms
A. A person who owns or operates a facility which is required to prepare or have available a material
safety data sheet for a hazardous chemical under the occupational safety and health act of 1970 (P.L. 91-
593; 84 Stat. 1590) and federal regulations adopted under that act or which has to provide a material
safety data sheet or listing under this article shall submit to the local emergency planning committee for
the district in which the facility is located, the commission and the fire department with jurisdiction over
the facility an emergency and hazardous chemical inventory form pursuant to section 312 of title III as
well as comply with section 312 of title III and regulations adopted under that act, except that the tier
two emergency and hazardous chemical inventory form shall be the required form to comply with
section 312 of title III effective with inventory forms due on or after March 1, 1991.
B. The inventory form containing tier I information shall be submitted on or before March 1 of 1989
and 1990 and shall contain data on hazardous chemicals present at the facility during the preceding
calendar year above the thresholds established in title 40 code of federal regulations part 370. With
respect to any specific hazardous chemical at the facility, the owner or operator may submit a tier II
form in lieu of the tier I information.
C. The tier I inventory form shall contain the following information:
1. An estimate, in ranges, of the maximum amount of hazardous chemicals in each category present at
the facility at any time during the preceding calendar year.
2. An estimate, in ranges, of the average daily amount of hazardous chemicals in each category present
at the facility during the preceding calendar year.
3. The general location of hazardous chemicals in each category.
D. The tier II inventory form shall contain the following information:
1. The chemical name or the common name of the chemical as provided on the material safety data
sheet and the CAS number.
2. An estimate, in ranges, of the maximum amount of the hazardous chemical present at the facility at
any time during the preceding year.
3. An estimate, in ranges, of the average daily amount of the hazardous chemical present at the facility
during the preceding year.
4. A brief description of the manner of storage of the hazardous chemical.
5. The location of the hazardous chemical at the facility.

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6. An indication of whether the owner elects to withhold location information or other information
about a specific hazardous chemical from disclosure to the public as a trade secret.
E. An owner or operator of a facility subject to this section shall submit the information required by this
section on the inventory form provided by the administrator of the United States environmental
protection agency unless the commission establishes its own form which prescribes identical content as
prescribed by title 40 code of federal regulations section 370.40.
F. For purposes of this section, tier I and tier II forms are the forms established under title 40 code of
federal regulations part 370.

26-351. Toxic chemical release forms; definitions
A. In order to implement section 313 of title III the owner or operator of a facility subject to the
requirements of this section and section 313 of title III and regulations adopted under that act shall
complete a toxic chemical release form as supplied by the administrator, pursuant to section 313(g) of
title III, or as supplied by the commission, for each toxic chemical listed in the code of federal
regulations by the administrator pursuant to section 313(c) of title III that was manufactured, processed
or otherwise used in quantities exceeding the toxic chemical threshold quantity established by
subsection E of this section during the preceding calendar year at that facility. The form shall be
submitted to the administrator and to the commission on or before July 1 of each year and shall contain
data reflecting releases in excess of the quantity of that toxic chemical established under subsection E of
this section during the preceding calendar year.
B. The requirements of this section apply to owners and operators of facilities that have ten or more full-
time employees and that are in standard industrial classification codes 20 through 39 in effect on July 1,
1987 as prepared by the statistical policy division of the United States office of management and
budget, office of the president and that manufactured, processed or otherwise used a toxic chemical
listed in title 40 code of federal regulations part 372 pursuant to section 313(c) and (d) of title III in
excess of the quantity of that toxic chemical established under subsection E of this section during the
calendar year for which the release form is required under this section.
C. The director of environmental quality as the representative of the governor pursuant to this section
may request the administrator to apply the requirements of this section to the owners and operators of
any particular facility that manufactures, processes or otherwise uses a toxic chemical listed pursuant to
section 313(c) of title III if the administrator determines that such action is warranted on the basis of
toxicity of the toxic chemical, the proximity to other facilities that release the toxic chemical or to
population centers, the history of releases of the chemical at the facility or such other factors as the
administrator deems appropriate.
D. The toxic chemicals subject to the requirements of this section are those chemicals listed in title 40
code of federal regulations by the administrator pursuant to section 313(c) of title III, including any
revised version of the list as may be made pursuant to section 313(d) or (e) of title III. The director of
environmental quality as the representative of the governor, pursuant to section 313(e) (2) of title III,
may petition the administrator to add a chemical to or delete a chemical from the list identified in this
section.

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E. The threshold amounts for purposes of reporting toxic chemicals under this section are:
1. With respect to a toxic chemical used at a facility, ten thousand pounds of the toxic chemical for the
applicable calendar year.
2. With respect to a toxic chemical manufactured or processed at a facility:
(a) For the toxic chemical release form required to be submitted under this section on or before July 1,
1988, seventy-five thousand pounds of the toxic chemical per year.
(b) For the toxic chemical release form required to be submitted under this section on or before July 1,
1989, fifty thousand pounds of the toxic chemical per year.
(c) For the toxic chemical release form required to be submitted under this section on or before July 1,
1990 and for each year thereafter, twenty-five thousand pounds of the toxic chemical per year.
F. The threshold amounts for purposes of reporting toxic chemicals under this section shall be adjusted
pursuant to revisions by the administrator.
G. Owners and operators of facilities subject to the requirements of this section shall provide the
information required under this section on a uniform toxic chemical release form published by the
administrator or on a uniform toxic chemical release form published by the director of environmental
quality. The form shall:
1. Provide for the name and location of and principal business activities at the facility.
2. Include an appropriate certification, signed by a senior official with management responsibility for the
person or persons completing the form, regarding the accuracy or completeness of the report.
3. Provide for the following information for each listed toxic chemical known to be present at the
facility:
(a) Whether the toxic chemical at the facility is manufactured, processed or otherwise used, and the
general category or categories of use of the chemical.
(b) An estimate of the maximum amount in ranges of the toxic chemical present at the facility at any
time during the preceding calendar year.
(c) For each wastestream, the waste treatment or disposal methods employed and an estimate of the
treatment efficiency typically achieved by such methods for that wastestream.
(d) The annual quantity of the toxic chemical entering each environmental medium.
H. The release forms required under this section are intended to provide information to the federal, state
and local governments and to the public, including citizens of communities surrounding facilities
covered by this section. The release form shall be available consistent with the trade secret provisions of
title III to inform persons about releases of toxic chemicals to the environment, to assist governmental
agencies, researchers and other persons in conducting research and data gathering, to aid in developing
appropriate rules and regulations, guidelines and standards and for similar purposes.
I. For purposes of this section:
1. "Administrator" means the administrator of the United States environmental protection agency.
2. "Manufacture" means to produce, prepare, import or compound a toxic chemical.
3. "Process" means the preparation of a toxic chemical after its manufacture for distribution in
commerce either:


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(a) In the same form or physical state as, or in a different form or physical state from, that in which it
was received by the person so preparing the chemical.
(b) As part of an article containing the toxic chemical.



26-352. Emergency response fund
The emergency response fund is established consisting of monies appropriated by the legislature for
purposes of section 26-305.02 and this article and federal, private and other monies available for that
purpose. The chairman of the commission shall manage the fund and expend monies in the fund in
performing the functions required or authorized by this article. All interest earned from investing
monies in the fund shall be credited to the fund. Monies in the fund are subject to legislative
appropriation and are exempt from section 35-190 relating to lapsing of appropriations.


26-353. Emergency response; immunity
A licensed, certified or authorized emergency responder and its employees at the scene of an emergency,
when the emergency response is provided in good faith, have the immunities provided in section 26-314
in carrying out the provisions of this article. The immunities provided by section 26-314 also apply to
governmental entities, multi-jurisdictional planning organizations that encompass each district,
members of each local emergency planning committee and their support personnel in carrying out the
provisions of this article.




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ARS Title 26 CHAPTER 3 - EMERGENCY MANAGEMENT ASSISTANCE COMPACT
Article 1 - General Provisions
26-401. Title
This act may be cited as the emergency management assistance compact.

26-402. Compact
The legislature of the state of Arizona hereby authorizes the governor of the state of arizona to enter into
a compact on behalf of the state of Arizona with any other state legally joining therein, in the form
substantially as follows:

EMERGENCY MANAGEMENT ASSISTANCE COMPACT

ARTICLE I - GENERAL PROVISIONS
This compact is made and entered into by and between the participating member states which enact this
compact, hereinafter called party states. For the purposes of this agreement, the term "states" is taken to
mean the several states, the Commonwealth of Puerto Rico, the District of Columbia and all U.S.
territorial possessions.
The purpose of this compact is to provide for mutual assistance between the states entering into this
compact in managing any emergency or disaster that is duly declared by the governor of the affected
state, whether arising from natural disaster, technological hazard, man-made disaster, civil emergency
aspects of resources shortages, community disorders, insurgency or enemy attack.
This compact shall also provide for mutual cooperation in emergency-related exercises, testing or other
training activities using equipment and personnel simulating performance of any aspect of the giving
and receiving of aid by party states or subdivisions of party states during emergencies, such actions
occurring outside actual declared emergency periods. Mutual assistance in this compact may include the
use of the states' national guard forces, either in accordance with the national guard mutual assistance
compact or by mutual agreement between states.

ARTICLE II - GENERAL IMPLEMENTATION
Each party state entering into this compact recognizes many emergencies transcend political
jurisdictional boundaries and that intergovernmental coordination is essential in managing these and
other emergencies under this compact. Each state further recognizes that there will be emergencies
which require immediate access and present procedures to apply outside resources to make a prompt
and effective response to such an emergency. This is because few, if any, individual states have all the
resources necessary for delivering services to areas where emergencies exist. The prompt, full and
effective utilization of resources of the participating states, including any resources on hand or available
from the federal government or any other source, that are essential to the safety, care and welfare of the
people in the event of any emergency or disaster declared by a party state, shall be the underlying
principle on which all articles of this compact shall be understood.


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On behalf of the governor of each state participating in the compact, the legally designated state official
who is assigned responsibility for emergency management will be responsible for formulation of the
appropriate interstate mutual aid plans and procedures necessary to implement this compact.

ARTICLE III - PARTY STATE RESPONSIBILITIES
A. It shall be the responsibility of each party state to formulate procedural plans and programs for
interstate cooperation in the performance of the responsibilities listed in this article. In formulating such
plans, and in carrying them out, the party states, insofar as practical, shall:
i. Review individual state hazards analyses and, to the extent reasonably possible, determine all those
potential emergencies the party states might jointly suffer, whether due to natural disaster, technological
hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency or
enemy attack.
ii. Review party states' individual emergency plans and develop a plan which will determine the
mechanism for the interstate management and provision of assistance concerning any potential
emergency.
iii. Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies
or overlaps in existing or developed plans.
iv. Assist in warning communities adjacent to or crossing the state boundaries.
v. Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search
and rescue, and critical lifeline equipment, services and resources, both human and material.
vi. Inventory and set procedures for the interstate loan and delivery of human and material resources,
together with procedures for reimbursement or forgiveness.
vii. Provide, to the extent authorized by law, for temporary suspension of any statutes.
B. The authorized representative of a party state may request assistance of another party state by
contacting the authorized representative of that state. The provisions of this agreement shall only apply
to requests for assistance made by and to authorized representatives. Requests may be verbal or in
writing. If verbal, the request shall be confirmed in writing within thirty days of the verbal request.
Requests shall provide the following information:
i. A description of the emergency service function for which assistance is needed, such as but not
limited to fire services, law enforcement, emergency medical, transportation, communications, public
works and engineering, building inspection, planning and information assistance, mass care, resource
support, health and medical services, and search and rescue.
ii. The amount and type of personnel, equipment, materials and supplies needed, and a reasonable
estimate of the length of time they will be needed.
iii. The specific place and time for staging of the assisting party's response and a point of contact at that
location.
C. There shall be frequent consultation between state officials who have assigned emergency
management responsibilities and other appropriate representatives of the party states with affected
jurisdictions and the United States government, with free exchange of information, plans and resource
records relating to emergency capabilities.

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ARTICLE IV - LIMITATIONS
Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall
take such action as is necessary to provide and make available the resources covered by this compact in
accordance with the terms hereof; provided that it is understood that the state rendering aid may
withhold resources to the extent necessary to provide reasonable protection for such state. Each party
state shall afford to the emergency forces of any party state, while operating within its state limits under
the terms and conditions of this compact, the same powers (except that of arrest unless specifically
authorized by the receiving state), duties, rights and privileges as are afforded forces of the state in
which they are performing emergency services. Emergency forces will continue under the command and
control of their regular leaders, but the organizational units will come under the operational control of
the emergency services authorities of the state receiving assistance. These conditions may be activated,
as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the
party state that is to receive assistance or commencement of exercises or training for mutual aid and
shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency
or disaster remains in effect or loaned resources remain in the receiving state, whichever is longer.

ARTICLE V - LICENSES AND PERMITS
Whenever any person holds a license, certificate or other permit issued by any state party to the compact
evidencing the meeting of qualifications for professional, mechanical or other skills, and when such
assistance is requested by the receiving party state, such person shall be deemed licensed, certified or
permitted by the state requesting assistance to render aid involving such skill to meet a declared
emergency or disaster, subject to such limitations and conditions as the governor of the requesting state
may prescribe by executive order or otherwise.

ARTICLE VI - LIABILITY
Officers or employees of a party state rendering aid in another state pursuant to this compact shall be
considered agents of the requesting state for tort liability and immunity purposes; and no party state or
its officers or employees rendering aid in another state pursuant to this compact shall be liable on
account of any act or omission in good faith on the part of such forces while so engaged or on account
of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this
article shall not include willful misconduct, gross negligence or recklessness.

ARTICLE VII - SUPPLEMENTARY AGREEMENTS
Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or
more states may differ from that among the states that are party hereto, this instrument contains
elements of a broad base common to all states, and nothing herein contained shall preclude any state
from entering into supplementary agreements with another state or affect any other agreements already
in force between states. Supplementary agreements may comprehend, but shall not be limited to,
provisions for evacuation and reception of injured and other persons and the exchange of medical, fire,

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police, public utility, reconnaissance, welfare, transportation and communications personnel, and
equipment and supplies.

ARTICLE VIII - COMPENSATION
Each party state shall provide for the payment of compensation and death benefits to injured members
of the emergency forces of that state and representatives of deceased members of such forces in case
such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same
manner and on the same terms as if the injury or death were sustained within their own state.

ARTICLE IX - REIMBURSEMENT
Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party
state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment
and the provision of any service in answering a request for aid and for the costs incurred in connection
with such requests; provided, that any aiding party state may assume in whole or in part such loss,
damage, expense, or other cost, or may loan such equipment or donate such services to the receiving
party state without charge or cost; and provided further, that any two or more party states may enter into
supplementary agreements establishing a different allocation of costs among those states. Article VIII
expenses shall not be reimbursable under this provision.

ARTICLE X - EVACUATION
Plans for the orderly evacuation and interstate reception of portions of the civilian population as the
result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and
maintained between the party states and the emergency management/services directors of the various
jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into
effect by request of the state from which evacuees come and shall include the manner of transporting
such evacuees, the number of evacuees to be received in different areas, the manner in which food,
clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of
facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or
the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide
that the party state receiving evacuees and the party state from which the evacuees come shall mutually
agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees,
for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such
expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the
termination of the emergency or disaster, the party state from which the evacuees come shall assume the
responsibility for the ultimate support of repatriation of such evacuees.

ARTICLE XI - IMPLEMENTATION
A. This compact shall become operative immediately upon its enactment into law by any two (2) states;
thereafter, this compact shall become effective as to any other state upon its enactment by such state.


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B. Any party state may withdraw from this compact by enacting a statute repealing the same, but no
such withdrawal shall take effect until thirty days after the governor of the withdrawing state has given
notice in writing of such withdrawal to the governors of all other party states. Such action shall not
relieve the withdrawing state from obligations assumed hereunder prior to the effective date of
withdrawal.
C. Duly authenticated copies of this compact and of such supplementary agreements as may be entered
into shall, at the time of their approval, be deposited with each of the party states and with the federal
emergency management agency and other appropriate agencies of the United States government.

ARTICLE XII - VALIDITY
This act shall be construed to effectuate the purposes stated in article I hereof. If any provision of this
compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held
invalid, the constitutionality of the remainder of this act and the applicability thereof to other persons
and circumstances shall not be affected thereby.

ARTICLE XIII - ADDITIONAL PROVISIONS
Nothing in this compact shall authorize or permit the use of military force by the national guard of a
state at any place outside that state in any emergency for which the president is authorized by law to call
into federal service the militia, or for any purpose for which the use of the army or the air force would in
the absence of express statutory authorization be prohibited under section 1385 of title 18, United States
Code.




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ARS Title 28 Chapter 1


28-101. Definitions
In this title, unless the context otherwise requires:
1. "Alcohol" means any substance containing any form of alcohol, including ethanol, methanol,
propynol and isopropynol.
2. "Alcohol concentration" if expressed as a percentage means either:
(a) The number of grams of alcohol per one hundred milliliters of blood.
(b) The number of grams of alcohol per two hundred ten liters of breath.
3. "All-terrain vehicle" means a motor vehicle that satisfies all of the following:
(a) Is designed primarily for recreational nonhighway all-terrain travel.
(b) Is fifty or fewer inches in width.
(c) Has an unladen weight of eight hundred pounds or less.
(d) Travels on three or more low pressure tires.
(e) Has a seat to be straddled by the operator and handlebars for steering control.
(f) Is operated on a public highway.
4. "Authorized emergency vehicle" means any of the following:
(a) A fire department vehicle.
(b) A police vehicle.
(c) An ambulance or emergency vehicle of a municipal department or public service corporation that is
designated or authorized by the department or a local authority.
(d) Any other ambulance, fire truck or rescue vehicle that is authorized by the department in its sole
discretion and that meets liability insurance requirements prescribed by the department.
5. "Aviation fuel" means all flammable liquids composed of a mixture of selected hydrocarbons
expressly manufactured and blended for the purpose of effectively and efficiently operating an internal
combustion engine for use in an aircraft but does not include fuel for jet or turbine powered aircraft.
6. "Bicycle" means a device, including a racing wheelchair, that is propelled by human power and on
which a person may ride and that has either:
(a) Two tandem wheels, either of which is more than sixteen inches in diameter.
(b) Three wheels in contact with the ground, any of which is more than sixteen inches in diameter.
7. "Board" means the transportation board.
8. "Bus" means a motor vehicle designed for carrying sixteen or more passengers, including the driver.
9. "Business district" means the territory contiguous to and including a highway if there are buildings in
use for business or industrial purposes within any six hundred feet along the highway, including hotels,
banks or office buildings, railroad stations and public buildings that occupy at least three hundred feet of
frontage on one side or three hundred feet collectively on both sides of the highway.
10. "Combination of vehicles" means a truck or truck tractor and semitrailer and any trailer that it tows
but does not include a forklift designed for the purpose of loading or unloading the truck, trailer or
semitrailer.

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11. "Controlled substance" means a substance so classified under section 102(6) of the controlled
substances act (21 United States Code section 802(6)) and includes all substances listed in schedules I
through V of 21 Code of Federal Regulations part 1308.
12. "Conviction" means:
(a) An unvacated adjudication of guilt or a determination that a person violated or failed to comply with
the law in a court of original jurisdiction or by an authorized administrative tribunal.
(b) An unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court.
(c) A plea of guilty or no contest accepted by the court.
(d) The payment of a fine or court costs.
13. "County highway" means a public road constructed and maintained by a county.
14. "Dealer" means a person who is engaged in the business of buying, selling or exchanging motor
vehicles, trailers or semitrailers and who has an established place of business.
15. "Department" means the department of transportation acting directly or through its duly authorized
officers and agents.
16. "Director" means the director of the department of transportation.
17. "Drive" means to operate or be in actual physical control of a motor vehicle.
18. "Driver" means a person who drives or is in actual physical control of a vehicle.
19. "Driver license" means a license that is issued by a state to an individual and that authorizes the
individual to drive a motor vehicle.
20. "Farm tractor" means a motor vehicle designed and used primarily as a farm implement for drawing
implements of husbandry.
21. "Foreign vehicle" means a motor vehicle, trailer or semitrailer that is brought into this state other
than in the ordinary course of business by or through a manufacturer or dealer and that has not been
registered in this state.
22. "Golf cart" means a motor vehicle that has not less than three wheels in contact with the ground, that
has an unladen weight of less than one thousand eight hundred pounds, that is designed to be and is
operated at not more than twenty-five miles per hour and that is designed to carry not more than four
persons including the driver.
23. "Hazardous material" means a material, and its mixtures or solutions, that the United States
department of transportation determines under 49 Code of Federal Regulations is capable of posing an
unreasonable risk to health, safety and property if transported in commerce and that is required to be
placarded or marked as required by the department's safety rules prescribed pursuant to chapter 14 of
this title.
24. "Implement of husbandry" means a vehicle designed primarily for agricultural purposes and used
exclusively in the conduct of agricultural operations, including an implement or vehicle whether self-
propelled or otherwise that meets all of the following conditions:
(a) Is used exclusively for carrying products of farming from one part of a farm to another part of the
same farm or from one farm to another farm.
(b) Is used solely for agricultural purposes including the preparation or harvesting of cotton, alfalfa,
grains and other farm crops.

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(c) Is only incidentally operated or moved on a highway whether as a trailer or self-propelled unit.
25. "Local authority" means any county, municipal or other local board or body exercising jurisdiction
over highways under the constitution and laws of this state.
26. "Manufacturer" means a person engaged in the business of manufacturing motor vehicles, trailers or
semitrailers.
27. "Moped" means a bicycle that is equipped with a helper motor if the vehicle has a maximum piston
displacement of fifty cubic centimeters or less, a brake horsepower of one and one-half or less and a
maximum speed of twenty-five miles per hour or less on a flat surface with less than a one per cent
grade.
28. "Motor driven cycle" means a motorcycle, including every motor scooter, with a motor that
produces not more than five horsepower.
29. "Motor vehicle":
(a) Means either:
(i) A self-propelled vehicle.
(ii) For the purposes of the laws relating to the imposition of a tax on motor vehicle fuel, a vehicle that
is operated on the highways of this state and that is propelled by the use of motor vehicle fuel.
(b) Does not include a motorized wheelchair or a motorized skateboard. For the purposes of this
subdivision:
(i) "Motorized wheelchair" means a self-propelled wheelchair that is used by a person for mobility.
(ii) "Motorized skateboard" means a self-propelled device that has a motor, a deck on which a person
may ride and at least two tandem wheels in contact with the ground.
30. "Motor vehicle fuel" includes all products that are commonly or commercially known or sold as
gasoline, including casinghead gasoline, natural gasoline and all flammable liquids, and that are
composed of a mixture of selected hydrocarbons expressly manufactured and blended for the purpose of
effectively and efficiently operating internal combustion engines. Motor vehicle fuel does not include
inflammable liquids that are specifically manufactured for racing motor vehicles and that are distributed
for and used by racing motor vehicles at a racetrack, use fuel as defined in section 28-5601, aviation
fuel, fuel for jet or turbine powered aircraft or the mixture created at the interface of two different
substances being transported through a pipeline, commonly known as transmix.
31. "Motorcycle" means a motor vehicle that has a seat or saddle for the use of the rider and that is
designed to travel on not more than three wheels in contact with the ground but excluding a tractor and a
moped.
32. "Neighborhood electric vehicle" means a self-propelled electrically powered motor vehicle to which
all of the following apply:
(a) The vehicle is emission free.
(b) The vehicle is designed to carry four or fewer persons.
(c) The vehicle is designed to be and is operated at speeds of twenty-five miles per hour or less.
(d) The vehicle has at least four wheels in contact with the ground.
(e) The vehicle has an unladen weight of less than one thousand eight hundred pounds.
33. "Nonresident" means a person who is not a resident of this state as defined in section 28-2001.

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34. "Off-road recreational motor vehicle" means a motor vehicle that is designed primarily for
recreational nonhighway all-terrain travel and that is not operated on a public highway. Off-road
recreational motor vehicle does not mean a motor vehicle used for construction, building trade, mining
or agricultural purposes.
35. "Operator" means a person who drives a motor vehicle on a highway, who is in actual physical
control of a motor vehicle on a highway or who is exercising control over or steering a vehicle being
towed by a motor vehicle.
36. "Owner" means:
(a) A person who holds the legal title of a vehicle.
(b) If a vehicle is the subject of an agreement for the conditional sale or lease with the right of purchase
on performance of the conditions stated in the agreement and with an immediate right of possession
vested in the conditional vendee or lessee, the conditional vendee or lessee.
(c) If a mortgagor of a vehicle is entitled to possession of the vehicle, the mortgagor.
37. "Pedestrian" means any person afoot. A person who uses a manual or motorized wheelchair is
considered a pedestrian unless the manual wheelchair qualifies as a bicycle. For the purposes of this
paragraph, "motorized wheelchair" means a self-propelled wheelchair that is used by a person for
mobility.
38. "Power sweeper" means an implement, with or without motive power, that is only incidentally
operated or moved on a street or highway and that is designed for the removal of debris, dirt, gravel,
litter or sand whether by broom, vacuum or regenerative air system from asphaltic concrete or cement
concrete surfaces, including parking lots, highways, streets and warehouses, and a vehicle on which the
implement is permanently mounted.
39. "Public transit" means the transportation of passengers on scheduled routes by means of a
conveyance on an individual passenger fare-paying basis excluding transportation by a sight-seeing bus,
school bus or taxi or a vehicle not operated on a scheduled route basis.
40. "Reconstructed vehicle" means a vehicle that has been assembled or constructed largely by means of
essential parts, new or used, derived from vehicles or makes of vehicles of various names, models and
types or that, if originally otherwise constructed, has been materially altered by the removal of essential
parts or by the addition or substitution of essential parts, new or used, derived from other vehicles or
makes of vehicles. For the purposes of this paragraph, "essential parts" means integral and body parts,
the removal, alteration or substitution of which will tend to conceal the identity or substantially alter the
appearance of the vehicle.
41. "Residence district" means the territory contiguous to and including a highway not comprising a
business district if the property on the highway for a distance of three hundred feet or more is in the
main improved with residences or residences and buildings in use for business.
42. "Right-of-way" when used within the context of the regulation of the movement of traffic on a
highway means the privilege of the immediate use of the highway. Right-of-way when used within the
context of the real property on which transportation facilities and appurtenances to the facilities are
constructed or maintained means the lands or interest in lands within the right-of-way boundaries.


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43. "School bus" means a motor vehicle that is designed for carrying more than ten passengers and that
is either:
(a) Owned by any public or governmental agency or other institution and operated for the transportation
of children to or from home or school on a regularly scheduled basis.
(b) Privately owned and operated for compensation for the transportation of children to or from home or
school on a regularly scheduled basis.
44. "Semitrailer" means a vehicle that is with or without motive power, other than a pole trailer, that is
designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed
so that some part of its weight and that of its load rests on or is carried by another vehicle. For the
purposes of this paragraph, "pole trailer" has the same meaning prescribed in section 28-601.
45. "State" means a state of the United States and the District of Columbia.
46. "State highway" means a state route or portion of a state route that is accepted and designated by the
board as a state highway and that is maintained by the state.
47. "State route" means a right-of-way whether actually used as a highway or not that is designated by
the board as a location for the construction of a state highway.
48. "Street" or "highway" means the entire width between the boundary lines of every way if a part of
the way is open to the use of the public for purposes of vehicular travel.
49. "Trailer" means a vehicle that is with or without motive power, other than a pole trailer, that is
designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed
so that no part of its weight rests on the towing vehicle. A semitrailer equipped with an auxiliary front
axle commonly known as a dolly is deemed to be a trailer. For the purposes of this paragraph, "pole
trailer" has the same meaning prescribed in section 28-601.
50. "Truck" means a motor vehicle designed or used primarily for the carrying of property other than the
effects of the driver or passengers and includes a motor vehicle to which has been added a box, a
platform or other equipment for such carrying.
51. "Truck tractor" means a motor vehicle that is designed and used primarily for drawing other vehicles
and that is not constructed to carry a load other than a part of the weight of the vehicle and load drawn.
52. "Vehicle" means a device in, on or by which a person or property is or may be transported or drawn
on a public highway, excluding devices moved by human power or used exclusively on stationary rails
or tracks.
53. "Vehicle transporter" means either:
(a) A truck tractor capable of carrying a load and drawing a semitrailer.
(b) A truck tractor with a stinger-steered fifth wheel capable of carrying a load and drawing a semitrailer
or a truck tractor with a dolly mounted fifth wheel that is securely fastened to the truck tractor at two or
more points and that is capable of carrying a load and drawing a semitrailer.




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ARS Title 28 CHAPTER 3 - TRAFFIC AND VEHICLE REGULATION

28-667. Written accident report; definition
A. A law enforcement officer or public employee who, in the regular course of duty, investigates a
motor vehicle accident resulting in bodily injury, death or damage to the property of any person in
excess of one thousand dollars or the issuance of a citation shall complete a written report of the
accident as follows:
1. Either at the time of and at the scene of the accident or after the accident by interviewing participants
or witnesses.
2. Within twenty-four hours after completing the investigation.
B. Every law enforcement officer or public employee who, in the regular course of duty, investigates a
motor vehicle accident that results in damage to the property of any person in an amount of one
thousand dollars or less, but that does not result in the issuance of a citation or bodily injury or death,
shall complete a portion of the written report of the accident. The portion of the written report shall:
1. Be completed either at the time of and at the scene of the accident or after the accident by
interviewing participants or witnesses.
2. Be completed within twenty-four hours after completing the investigation.
3. Include the following minimum information:
(a) The time, day, month and year of the accident.
(b) Information adequate to identify the location of the accident.
(c) Identifying information for all involved parties and witnesses, including name, age, sex, address,
telephone number, vehicle ownership and registration and proof of insurance.
(d) A narrative description of the facts of the accident, a simple diagram of the scene of the accident and
the investigating officer's name, agency and identification number.
C. The agency employing the officer or public employee:
1. Shall not allow a person to examine the accident report or any related investigation report or a
reproduction of the accident report or a related investigation report if the request is for a commercial
solicitation purpose.
2. May require a person requesting the accident or related investigative report to state under penalty of
perjury that the report is not examined or copied for a commercial solicitation purpose.
3. Shall retain the original report.
4. Shall immediately forward a copy of the report to the department for its use.
D. The department may place notes, date stamps, identifying numbers, marks or other information on
the copies as needed, if they do not alter the original information reported by the investigating officer or
public employee.
E. For the purposes of this section, "commercial solicitation purpose" means a request for an accident
report if there is neither:
1. A relationship between the person or the principal of the person requesting the accident report and
any party involved in the accident.
2. A reason for the person to request the report other than for the purposes of soliciting a business or
commercial relationship.


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28-674. Traffic accidents; quick clearance
A. Notwithstanding any other provision of this article, motor vehicles involved in traffic accidents and
drivers of motor vehicles involved in traffic accidents are subject to this section.
B. This section applies to motor vehicle traffic accidents that occur on controlled access highways and
any other highways that are divided into two or more lanes clearly marked for traffic in this state.
C. If a motor vehicle traffic accident occurs and serious physical injury as defined in section 13-105 or
death is not apparent, the drivers of the motor vehicles involved in the accident, or any other occupant
of the motor vehicles involved in the accident who possesses a valid driver license, shall remove the
motor vehicles from the main traveled portion of the roadway into a safe refuge on the shoulder,
emergency lane or median or to a place otherwise removed from the roadway if both of the following
apply:
1. The moving of the motor vehicle can be done safely.
2. The motor vehicle is capable of being normally and safely driven, does not require towing and can be
operated under its own power in its customary manner without further damage or hazard to the motor
vehicle, to traffic elements or to the roadway.
D. The driver of a motor vehicle involved in a traffic accident may request any person who possesses a
valid driver license to remove the motor vehicle as provided in this section, and the person requested to
remove the motor vehicle may comply with the request.
E. The driver or any other person who removes a motor vehicle from the main traveled portion of the
roadway as provided in this section before the arrival of a police officer is not liable or at fault regarding
the cause of the traffic accident solely by reason of moving the motor vehicle pursuant to this section.
F. This section does not abrogate or affect a driver's duty to do either of the following:
1. File any written report required by a local law enforcement agency, except that compliance with this
section does not allow a driver to be prosecuted for the driver's failure to stop and immediately report a
traffic accident.
2. Stop and give information pursuant to this article.
G. This section does not relieve a police officer of the duty to submit a written accident report pursuant
to this article.
H. In the exercise of the management, control and maintenance of state highways, the department may
require and assist in the removal of the following from the main traveled portion of the roadways in the
state highway system:
1. All vehicles that are incapacitated for any cause other than having been involved in a motor vehicle
traffic accident.
2. All vehicles incapacitated as a result of being involved in a motor vehicle traffic accident and debris
caused by a motor vehicle traffic accident if both of the following apply:
(a) Serious physical injury as defined in section 13-105 or death is not apparent.
(b) The move can be accomplished safely by the drivers of the motor vehicles involved or with the
assistance of a towing or recovery vehicle and the move will result in the improved safety or
convenience of travel on the highway.
I. The department shall not require or assist in the removal of a motor vehicle that is incapacitated as a
result of being involved in a motor vehicle traffic accident if serious physical injury as defined in


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section 13-105 or death is apparent until a police officer has made the necessary measurements and
diagrams required for the initial accident investigation.

ARS Title 30 - CHAPTER 4 - CONTROL OF IONIZING RADIATION
Article 1 - Administration 30-651 - Definitions 30-652 - Radiation regulatory agency; director; duties
30-653 - Radiation regulatory hearing board; qualifications; terms 30-654 - Powers and duties of the
agency 30-655 - Powers and duties of hearing board 30-656 - Authority for governor to enter into
agreements with federal government; effect on federal licenses 30-657 - Records

30-651. Definitions
In this chapter, unless the context otherwise requires:
1. "Agency" means the radiation regulatory agency.
2. "Atomic energy" means all forms of energy released in the course of nuclear transformations, nuclear
fission and nuclear fusion.
3. "Board" means the radiation regulatory hearing board.
4. "By-product material" means any radioactive material, except special nuclear material, yielded in or
made radioactive by exposure to the radiation incident to the process of producing or utilizing special
nuclear material and the tailings or wastes produced by the extraction or concentration of uranium ore
thorium from any ore processed primarily for its source material content.
5. "Diagnostic mammography" means an X-ray imaging of the breast performed on persons who have
symptoms or physical signs indicative of breast disease.
6. "Director" means the director of the radiation regulatory agency.
7. "Electronic product" means:
(a) Any machine or device designed to produce a beam of ionizing radiation as the result of the
operation of an electronic circuit or component.
(b) Class IIIb and IV lasers, as classified by the United States food and drug administration.
(c) Radio frequency heaters, dryers and sealers.
(d) Any device employing a source of radio frequency electromagnetic radiation within a protective
enclosure and used for heating or curing materials in industrial or manufacturing applications and in
restaurants or food vending establishments. This subdivision does not include microwave ovens
manufactured as consumer products and used for home food preparation.
(e) Microwave and shortwave diathermy.
(f) Mercury vapor, metal halide and high-pressure sodium lamps used for commercial lighting and
industrial manufacturing processes or sunlamps used in commercial establishments for the intentional
irradiation of humans.
(g) Therapeutic ultrasound devices.
(h) Industrial ultrasonic welders and sealers.
8. "Electronic product radiation" means:
(a) Any ionizing or nonionizing electromagnetic or particulate radiation which is emitted from an
electronic product.

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(b) Any sonic, infrasonic or ultrasonic wave which is emitted from an electronic product as the result of
the operation of an electronic circuit in the product.
9. "Ionizing radiation" means gamma rays and X-rays, alpha and beta particles, high speed electrons,
neutrons, protons and other nuclear particles or rays.
10. "Operation" means adjustments or procedures by the user required for the equipment to perform its
intended functions.
11. "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or
private institution, group, agency or political subdivision of this state, or any other state or political
subdivision or agency of such state, and any legal successor, representative, agent, or agency of the
foregoing, other than the United States nuclear regulatory commission or any successor, and other than
federal government agencies and any other entities licensed by the United States nuclear regulatory
commission or any successor.
12. "Radiation" means:
(a) Ionizing radiation including gamma rays, X-rays, alpha and beta particles, high speed electrons,
neutrons, protons and other nuclear particles or rays.
(b) Any electromagnetic radiation which may be produced by the operation of an electronic product.
(c) Any sonic, ultrasonic or infrasonic wave which may be produced by the operation of an electronic
product.
13. "Radiation machine" means any manufactured devices or products producing any of the following:
(a) X-rays for medical, industrial, research and development or educational purposes.
(b) Electromagnetic radiation from an electronic product.
(c) Laser devices classified as class IIIb or IV by the United States food and drug administration.
(d) Diathermy machines.
14. "Radioactive material" means any material or materials, solid, liquid or gaseous, that emit radiation
spontaneously.
15. "Screening mammography" means X-ray imaging of the breast of asymptomatic persons.
16. "Service" means major adjustments or repairs, usually requiring specialized training or tools, or
both.
17. "Source material" means:
(a) Uranium, thorium or any other material which the governor declares by order to be source material
after the United States nuclear regulatory commission or any successor has determined the material to
be source material.
(b) Ores containing one or more of the materials, as provided in subdivision (a) of this paragraph, in
such concentration as the governor declares by order to be source material after the United States
nuclear regulatory commission or any successor has determined the material in such concentration to be
source material.
18. "Sources of radiation" means radioactive materials, radiation machines and electronic products.
19. "Special nuclear material" means:
(a) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235 and any other
material which the governor declares by order to be special nuclear material after the United States

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nuclear regulatory commission or any successor has determined the material to be such, but does not
include source material.
(b) Any material artificially enriched by any of the material provided in subdivision (a) of this
paragraph, but does not include source material.

30-652. Radiation regulatory agency; director; duties
A. There is established a radiation regulatory agency.
B. The governor shall appoint a director pursuant to section 38-211 to administer the agency to serve at
the pleasure of the governor. The director is entitled to receive compensation as determined under
section 38-611.
C. The director shall:
1. Administer and enforce this chapter and the rules and regulations promulgated under this chapter.
2. Subject to title 41, chapter 4, articles 5 and 6, employ, determine the conditions of employment and
specify the duties of inspectors, technical assistants and other employees of the agency.
3. Subject to title 41, chapter 4, articles 5 and 6, employ persons to act as investigators as deemed
necessary by the agency to assist the agency in carrying out the powers and duties prescribed in this
chapter.
4. Employ consultants or persons possessing technical expertise as deemed necessary to assist the
agency in carrying out the agency's powers and duties prescribed in this chapter.

30-653. Radiation regulatory hearing board; qualifications; terms
A. There is established a radiation regulatory hearing board to consist of five members appointed by the
governor pursuant to section 38-211. Each member shall possess not less than four years of education or
experience in the use or control of atomic energy or radiation. One member shall possess expertise in
the field of medicine or health, one member shall possess expertise in the field of nuclear energy, one
member shall possess expertise in the field of mammography and the remaining two members shall be
public members who are otherwise qualified pursuant to this subsection.
B. The term of office of each appointed member is five years beginning and ending on the third Monday
of January of the appropriate years.
C. Members of the board are entitled to receive compensation as determined pursuant to section 38-611
while attending meetings or performing their powers or duties under this chapter.
D. A majority of the membership of the board constitutes a quorum for the transaction of business. The
board shall elect from among its membership a chairman and such other officers it deems necessary, to
serve for such terms as the board determines.

30-654. Powers and duties of the agency
A. The agency may:
1. Accept grants or other contributions from the federal government or other sources, public or private,
to be used by the agency to carry out any of the purposes of this chapter.


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2. Do all things necessary, within the limitations of this chapter, to carry out the powers and duties of
the agency.
3. Conduct an information program, including but not limited to:
(a) Providing information on the control and regulation of sources of radiation and related health and
safety matters, on request, to members of the legislature, the executive offices, state departments and
agencies and county and municipal governments.
(b) Providing such published information, audiovisual presentations, exhibits and speakers on the
control and regulation of sources of radiation and related health and safety matters to the state's
educational system at all educational levels as may be arranged.
(c) Furnishing to citizen groups, on request, speakers and such audiovisual presentations or published
materials on the control and regulation of sources of radiation and related health and safety matters as
may be available.
(d) Conducting, sponsoring or cosponsoring and actively participating in the professional meetings,
symposia, workshops, forums and other group informational activities concerned with the control and
regulation of sources of radiation and related health and safety matters when representation from this
state at such meetings is determined to be important by the agency.
B. The agency shall:
1. Regulate the use, storage and disposal of sources of radiation.
2. Establish procedures for purposes of selecting any proposed permanent disposal site located within
this state for low level radioactive waste.
3. Coordinate with the department of transportation and the corporation commission in regulating the
transportation of sources of radiation.
4. Assume primary responsibility for and provide necessary technical assistance to handle any incidents,
accidents and emergencies involving radiation or sources of radiation occurring within this state.
5. Adopt rules deemed necessary to administer this chapter in accordance with title 41, chapter 6.
6. Adopt uniform radiation protection and radiation dose standards to be as nearly as possible in
conformity with, and in no case inconsistent with, the standards contained in the regulations of the
United States nuclear regulatory commission and the standards of the United States public health
service. In the adoption of the standards, the agency shall consider the total occupational radiation
exposure of individuals, including that from sources not regulated by the agency.
7. Adopt rules for personnel monitoring under the close supervision of technically competent people in
order to determine compliance with safety rules adopted under this chapter.
8. Adopt a uniform system of labels, signs and symbols and the posting of the labels, signs and symbols
to be affixed to radioactive products, especially those transferred from person to person.
9. By rule require adequate training and experience of persons utilizing sources of radiation with respect
to the hazards of excessive exposure to radiation in order to protect health and safety.
10. Adopt standards for the storage of radioactive material and for security against unauthorized
removal.
11. Adopt standards for the disposal of radioactive materials into the air, water and sewers and burial in
the soil in accordance with 10 Code of Federal Regulations part 20.

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12. Adopt rules applicable to the shipment of radioactive materials in conformity with and compatible
with those established by the United States nuclear regulatory commission, the department of
transportation, the treasury department and the United States postal service.
13. In individual cases, impose additional requirements to protect health and safety or grant necessary
exemptions which will not jeopardize health or safety, or both.
14. Make recommendations to the governor and furnish such technical advice as required on matters
relating to the utilization and regulation of sources of radiation.
15. Make an annual report to the governor and the legislature.
16. Conduct or cause to be conducted off-site radiological environmental monitoring of the air, water
and soil surrounding any fixed nuclear facility, any uranium milling and tailing site and any uranium
leaching operation, and maintain and report the data or results obtained by the monitoring as deemed
appropriate by the agency.
17. Develop and utilize information resources concerning radiation and radioactive sources.
18. Prescribe by rule a schedule of fees to be charged to categories of licensees and registrants of
radiation sources, including academic, medical, industrial, waste, distribution and imaging categories.
The fees shall cover a significant portion of the reasonable costs associated with processing the
application for license or registration, renewal or amendment of the license or registration and the costs
of inspecting the licensee or registrant activities and facilities, including the cost to the agency of
employing clerical help, consultants and persons possessing technical expertise and using analytical
instrumentation and information processing systems.
19. Adopt rules establishing radiological standards, personnel standards and quality assurance programs
to assure the accuracy and safety of screening and diagnostic mammography.
C. All fees collected under subsection B, paragraph 18 shall be deposited in the state general fund.

30-655. Powers and duties of hearing board
A. The board shall conduct hearings and review orders of the director or the agency as provided in this
chapter.
B. The board shall, upon an appeal by a person adversely affected, review an order of the director or
agency relating to modification of a license issued under this chapter, revocation of a license issued
under this chapter, assessment of a civil penalty under section 30-687 or an order which is part of an
escalated enforcement action under section 30-688.
C. Except as otherwise provided in section 30-688, in reviewing an order specified in subsection B of
this section, the board shall conduct a hearing to review the decision of the director or agency to issue
the order. The board shall make findings of fact and, by order, affirm, revoke or modify the order of the
director or agency. Except as provided in section 41-1092.08, subsection H, a final order of the board is
subject to judicial review under title 12, chapter 7, article 6.
D. The board shall review and approve rules and substantive policy statements as defined in section 41-
1001 adopted by the agency.
E. The board is subject to title 39, chapter 1, relating to public records.


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30-656. Authority for governor to enter into agreements with federal government; effect on
federal licenses
A. The governor, on behalf of this state, may enter into agreements with the federal government
providing for discontinuance of certain of the federal government's responsibilities with respect to
sources of radiation and the assumption of the responsibilities by this state.
B. Any person who, on the effective date of an agreement entered into under subsection A, possesses a
license issued by the federal government shall be deemed to possess a like license issued under this
chapter which shall expire either ninety days after receipt from the agency of a notice of expiration of
the license or on the date of expiration specified in the federal license, whichever is earlier.

30-657. Records
A. Each person who possesses or uses a source of radiation shall maintain records relating to its receipt,
storage, transfer or disposal and such other records as the agency provides by rules and regulations.
B. The agency shall require each person who possesses or uses a source of radiation to maintain
appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is
required by rules and regulations promulgated by the agency. Copies of records required by this section
shall be submitted to the agency on request by the agency.
C. Any person who possesses or uses a source of radiation shall furnish to each employee for whom
personnel monitoring is required a copy of the employee's personal exposure record at such times as
prescribed by rules and regulations promulgated by the agency.
D. Any person who possesses or uses a source of radiation shall, when requested, submit to the agency
copies of records or reports submitted to the United States nuclear regulatory commission regardless of
whether the person is subject to regulation by the agency. The agency shall, by rule and regulation,
specify the records or reports required to be submitted to the agency under this subsection.




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ARS Title 32 CHAPTER 22 - STRUCTURAL PEST CONTROL COMMISSION Article 1 -
General Provisions
32-2301. Definitions
In this chapter, unless the context otherwise requires:
1. "Apprentice" means a registered employee who applies a pesticide while acting under the
instructions, control and responsibility of a certified applicator or qualifying party who is within the
direct line of sight or within hearing distance of the apprentice and who is available for consultation or
assistance at the time and place the pesticide is applied.
2. "Branch office" means any fixed place of business, other than the primary office, where records are
kept, mail is received, statements are rendered, money is collected, requests for service or bids are
received or information pertaining to the business of structural pest control is given and from which the
use of pesticides and devices is supervised by a certified applicator or qualifying party.
3. "Business license" means a license which is issued pursuant to this chapter to a person and which
entitles that person and the person's employees to engage in the business of structural pest control.
4. "Business of structural pest control" means engaging in, offering to engage in, advertising for,
soliciting or performing any of the following:
(a) Identifying infestations or making inspections for the purpose of identifying or attempting to identify
infestations of households or other structures and the surrounding area by any of the following:
(i) Public health pests.
(ii) Aquatic pests.
(iii) Household pests.
(iv) Wood-destroying pests or organisms.
(v) Pests, including weeds, which exist in the area near or around structures, in ornamental shrubs and
trees, on golf courses or in lawns and cemeteries.
(b) Making written or oral inspection reports, recommendations, estimates or bids with respect to
infestations.
(c) The application of or the making of contracts or submitting of bids for the application of pesticides
or the use of devices for the purpose of eliminating, exterminating, controlling or preventing
infestations.
5. "Certified applicator" means a person who has been tested by and determined by the commission to
be competent to apply pesticides in accordance with this chapter.
6. "Commission" means the structural pest control commission.
7. "De minimis violation" means a violation that, although undesirable, has no direct or immediate
relationship to safety, health or property damage.
8. "Device" means any mechanical, chemical or electrical apparatus used in conjunction with, in place
of or to supplement, disperse or dispense pesticides.
9. "Direct supervision" means use of a pesticide by a registered employee acting under the instructions,
control and responsibility of a certified applicator or qualifying party who is available if needed for
consultation or assistance even though the certified applicator or qualifying party is not physically
present at the time and place the pesticide is used.

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10. "Final grade treatment" means establishment of vertical barriers at the exterior of foundation walls
in stem wall construction or exterior of grade beams in monolithic construction.
11. "Household pests" means pests, other than wood-destroying pests or organisms, which invade
households or other structures, including rodents, vermin and insects.
12. "Immediate supervision" means use of a pesticide by a registered employee or apprentice acting
under the instructions, control and responsibility of a certified applicator or qualifying party who is
within the direct line of sight or within hearing distance of the registered employee or apprentice and
who is available for consultation or assistance at the time and place the pesticide is used.
13. "Other structures" includes railroad cars, boats, docks, motor vehicles or airplanes and their
contents.
14. "Pesticide" means any substance or mixture of substances intended to be used for defoliating plants
or for preventing, destroying, repelling or mitigating insects, fungi, bacteria, weeds, rodents, predatory
animals or any form of plant or animal life which is a pest and may infest or be detrimental to
vegetation, humans, animals or households or be present in any environment.
15. "Pretreatment violation" means:
(a) Knowingly entering into a contract for or the performance of any number of preconstruction
subterranean termite treatments by performing or intending to perform any number of pretreatments in
violation of the label, statute or rule.
(b) The issuance of a preconstruction treatment guarantee before full compliance with the commission's
standards, but excluding issuance of a preconstruction treatment guarantee before completing a final
grade treatment.
16. "Prior violation" means any violation for which disciplinary action was taken within a five-year
period prior to the date of the act for which current disciplinary action is sought.
17. "Qualifying party" means an individual who qualifies a business to engage in the business of
structural pest control pursuant to this chapter.
18. "Registered employee" means an individual who is trained by a business licensee and registered
pursuant to this chapter.
19. "Spot treatment" means any treatment which is related to wood-destroying organisms and which is
restricted to any area of the structure other than the entire structure.
20. "Structural pest control" means controlling public health pests, aquatic pests, household pests,
wood-destroying pests or organisms or pests, including weeds, which exist in the area near or around
structures, in ornamental shrubs and trees, on golf courses, along rights-of-way or in lawns or
cemeteries and all pesticide application which could be harmful to public health or the environment.
Structural pest control does not include pesticide applications used directly in the commercial
production of crops and animals if such applications are governed by the Arizona department of
agriculture pursuant to title 3, chapter 2, articles 6 and 6.1.
21. "Toxicity category I" means pesticides with the label statement "Danger".
22. "Toxicity category II" means pesticides with the label statement "Warning".
23. "Weed" means any plant which grows where it is not wanted.


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24. "Wood-destroying pests or organisms" means insects, fungi or other organisms that attack, damage
or destroy wood or wood-derivative products of households or other structures.
25. "Wood infestation report" means a written inspection report on a form approved by the commission
that is prepared in connection with the sale or refinancing of real property.

32-2302. Structural pest control commission; appointment; qualification; terms
A. The structural pest control commission is established. The commission consists of the following
seven members:
1. Three industry members who hold current active licenses and who are appointed by the governor
pursuant to section 38-211. Each industry member shall have a minimum of five years of structural pest
control experience. The governor shall make appointments in a manner to provide that the three industry
members in combination have pest control experience in all licensed categories and in a manner to
provide urban and rural representation and representation from licensees with a limited number of
employees and licensees with a large number of employees. One member shall be an active business
licensee who has five or fewer employees.
2. Three public members who are appointed by the governor pursuant to section 38-211.
3. One member who has at least a baccalaureate degree and is an entomologist, plant pathologist,
toxicologist, medical doctor, doctor of osteopathy or an individual holding a degree in public health or
occupational health and who is appointed by the governor pursuant to section 38-211.
B. The members appointed pursuant to subsection A, paragraphs 2 and 3 of this section shall not have
been employed or affiliated with the pest control or pesticide industry within a two-year period prior to
appointment.
C. The governor may remove any appointee for cause.
D. The term of office for commission members is three years to begin and end on the third Monday in
January.
E. No appointee may serve more than two consecutive terms.




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ARS Title 35, Chapter 1 - BUDGETARY AND FISCAL PROVISIONS FOR STATE AGENCIES
Article 1 - General Provisions

35-101. Definitions
In this chapter, unless the context otherwise requires:
1. "Allotment" means the allocation of an appropriation or other fund source over a full fiscal year
within a budget program or expenditure class.
2. "Authorized agent" means a commercial enterprise contracted to process transactions on behalf of a
state agency.
3. "Budget estimates" means statements with accompanying explanations, as provided by this chapter,
in which a budget unit states its financial requirements and requests appropriations.
4. "Budget program" means functions and activities of a budget unit or within a budget unit that are
preplanned to fulfill a distinct mission.
5. "Budget unit" means any department, commission, board, institution or other agency of the state
organization receiving, expending or disbursing state funds or incurring obligations against the state.
6. "Cardholder" means any person:
(a) Named on the face of a credit card to whom or for whose benefit the credit card is issued by an
issuer.
(b) In possession of a credit card with the consent of the person to whom the credit card was issued.
7. "Claim" means a demand against the state for payment for either:
(a) Goods delivered or, in the case of highway construction, goods or facilities to be delivered, by the
federal government.
(b) Services performed.
8. "Convenience fee" means an additional fee imposed by an authorized agent on an electronic
transaction that would not be charged if the same transaction were completed in person.
9. "Credit card" means:
(a) Any instrument or device, whether known as a credit card, charge card, credit plate, courtesy card or
identification card or by any other name, issued with or without a fee by an issuer for the use of the
cardholder in obtaining money, goods, services or anything else of value, either on credit or in
possession or in consideration of an undertaking or guaranty by the issuer of the payment of a check
drawn by the cardholder, on a promise to pay in part or in full at a future time, whether or not all or any
part of the indebtedness represented by this promise to make deferred payment is secured or unsecured.
(b) Any debit card, electronic benefit transfer card or other access instrument or device, other than a
check that is signed by the holder or other authorized signatory on the deposit account, that draws
monies from a deposit account in order to obtain money, goods, services or anything else of value.
(c) Any stored value card, smart card or other instrument or device that enables a person to obtain
goods, services or anything else of value through the use of value stored on the instrument or device.
(d) The number assigned to an instrument or device described in subdivisions (a), (b) and (c) of this
paragraph even if the physical instrument or device is not used or presented.


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10. "Discount fee" means the fee calculated and charged by the card issuer or the processing financial
institution, pursuant to a merchant agreement for the processing of any credit card transaction.
11. "Encumbrance" means an obligation in the form of any purchase order, contract or other
commitment which is chargeable to an appropriation or any other authorized fund source and for which
a part of the fund source is reserved. It ceases to be an encumbrance when paid or canceled.
12. "Expenditure class" means one of the kinds of expenditure denoting a class of services or
commodities purchased or properties acquired as specified in the classification of expenditures
prescribed by the director of the department of administration for use in expenditure accounting, in
making budget estimates and in the budget reports and budgets.
13. "Issuer" means any business organization, state agency or financial institution, or its duly authorized
agent, that issues a credit card.
14. "Prepayment" means the payment of a claim before receiving the goods or services.
15. "Purchase order" means a document that is signed by the appropriate agency authorized signatory,
that requests a vendor to deliver described goods or services at a specific price and that on delivery and
acceptance of the goods or services by this state becomes an obligation of this state.
16. "Transaction amount" means the total amount due to the state for any goods, service or license or
anything else of value.

35-102. Fiscal year
A. The fiscal year of the state and for the expenditure of appropriations shall commence July 1 each
year. Accounts or annual reports of state officials required by law to be published, shall be prepared and
published for the fiscal year as established by this section.
B. The fiscal year beginning July 1, 1955, shall be known as the forty-fourth fiscal year and thereafter
each fiscal year shall be designated in progressive numerical sequence.

35-103. Annual financial reports
A. All state or county officers, boards, commissions or agencies that are required by law to prepare,
make or publish annual reports of financial condition or operations, except the industrial commission,
shall, notwithstanding any law to the contrary, prepare, make or publish those reports within ninety days
after the close of each fiscal year. The reports shall disclose with respect to the fiscal year, rather than
the calendar year, all matters and things required by law.
B. State officers, boards, commissions or agencies shall deliver copies of their annual reports as follows:
1. One copy to the secretary of state.
2. Sufficient copies to the Arizona state library, archives and public records or its agent.
C. The administrative head of a state board, commission or agency who fails to comply with this section
shall have all compensation the administrative head receives from public monies withheld until such
time as the administrative head complies with this section.




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Article 2 - Budget Preparation
35-111. Executive budget; revisions
Not later than five days after the regular session of the legislature convenes in odd-numbered years, the
governor shall submit to the legislature a budget containing a complete plan of expenditures proposed to
be made before the close of the two ensuing fiscal years and all monies and revenues estimated to be
available therefor, together with an explanation of the basis of the estimates and recommendations as to
proposed legislation, if any, which the governor deems necessary to provide revenues sufficient to meet
the proposed expenditures. The plan shall delineate each fiscal year separately. Not later than five days
after the regular session of the legislature convenes in even-numbered years, the governor may submit to
the legislature any proposed revisions to the enacted budgets for the current and ensuing fiscal years.
The plan shall include an estimate of all available monies and revenues and an explanation for any
changes to the enacted budgets.

35-112. Forms for budget unit estimates; date of transmittal
A. The governor shall prescribe the forms to be used by the budget units in submitting their budget
estimates and requests for appropriations in accordance with the provisions of this chapter and shall
prepare necessary instructions for guidance of officials in preparing the budget estimates and requests.
B. On or before June 1 of each even-numbered year, the governor shall transmit to the administrative
head of each budget unit at least three complete sets of prescribed forms on which budget estimates and
requests for appropriations for the next two ensuing fiscal years are to be submitted.

35-113. Submission of budget estimates

The head of each budget unit, not later than September 1 of each even-numbered year or at a later date
not to exceed thirty days after September 1 if approved by the director of the governor's office of
strategic planning and budgeting, shall submit to the governor, with five copies, estimates of the
financial requirements and of receipts of the budget unit for the next two ensuing fiscal years. The
estimates shall be on the forms and in the manner prescribed by the governor with explanatory data that
may be required, together with additional information the head of the budget unit desires to submit. By
July 1, 1998, the staff of the joint legislative budget committee and the governor's office of strategic
planning and budgeting shall issue a schedule specifying the year in which each budget unit shall begin
submitting the financial requirements for each program and subprogram for which the budget unit is
wholly or partially responsible as determined pursuant to section 35-122. All budget units shall be
converted by fiscal year 2006. The estimate so submitted shall bear the approval of the administrative
head of the budget unit.

35-113.01. Request for federal funds
A. All state agencies, boards, commissions and departments shall submit to the department of
administration for acknowledgment, copies of all agreements, contracts and copies of all applications
and requests for federal funds, to be used for any purpose.

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B. Every state agency, board, commission or department seeking federal funds for any project or
program shall furnish to the department of administration with each copy of application or request a
statement of the purposes for which any such project or program is desired or advocated, the source and
amount of funds to be granted or provided therefor, and a statement of the conditions, if any, upon
which such funds are to be provided. The director may at his discretion accept from the state agency,
board, commission or department a summary of the information required in this section.
C. All departments, agencies, boards or commissions, shall forward an acknowledgment to the
department of administration upon receipt of federal funds.

35-114. Continuous financial planning; submission of tentative budget report; appropriations
estimate report
A. The governor shall have in continuous process of preparation and revision a tentative budget report
for the next two ensuing years for which a budget report is required to be prepared. Upon receipt of the
estimates of the several budget units the governor shall check the estimates with information available
to the governor and shall make further inquiries and investigations and recommend changes in the
tentative budget report the governor deems warranted.
B. The governor's office of strategic planning and budgeting in consultation with the joint legislative
budget committee staff shall determine and report to the governor and the legislature an estimate of
appropriations subject to the limit imposed by article IX, section 17, Constitution of Arizona. The report
shall be published by:
1. February 15 of each odd-numbered year for the current fiscal year and to reflect the budget
recommendations of the governor for the two ensuing fiscal years.
2. November 1 of each year to reflect the total amount appropriated for the current and preceding fiscal
years.

35-115. Contents of budget report
Each budget report of odd-numbered years as required by section 35-111 shall include the following:
1. Summary statements of the financial condition of the state, to include:
(a) A consolidated balance sheet showing all current assets and liabilities of the state at the close of the
fiscal year last concluded.
(b) Summary statements of the actual income and expenditures of the fiscal year last concluded.
(c) Similar summary statements of estimated fund balances for the current fiscal year.
2. Schedules showing actual income from each source for the preceding fiscal year and the estimated
income of the current fiscal year and of the two ensuing fiscal years. The statements of income and
estimated income shall be itemized by source, by budget units and sources, and by funds and shall show
separately revenue from nonrevenue, all detailed by sources.
3. Detailed comparative statements of expenditures and requests for appropriations by funds, budget
units, budget programs and budget classes, showing the expenditures for the fiscal year last concluded,
and the estimated expenditures for the current year, and the request of each budget unit and the
governor's recommendations for appropriations for the two ensuing fiscal years, all distributed

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according to budget programs and budget classes. In connection with each expenditure involving
construction projects to be completed in one or more fiscal years, there shall be shown the total
estimated cost of each project and the amount recommended to be appropriated and expended in each
ensuing fiscal year until completion of the project. The state capital improvement plan and the
governor's recommendations concerning the plan shall be incorporated into the budget report.
4. A summary statement for each fund of the cash resources estimated to be available at the beginning
of the next two fiscal years and the estimated cash receipts for the two ensuing fiscal years, as compared
with the total recommended amounts for appropriations for all budget programs and budget classes for
the two ensuing fiscal years, and if the total of the recommended expenditures exceeds the total of the
estimated resources, recommendations as to how the deficiency is to be met and estimates of receipts
from any proposed additional revenues.
5. For the 1999-2000 fiscal year and thereafter, delineation, by budget unit, of requested expenditures
for administrative costs, including administrative personnel salaries and employee related expenses and
direct, indirect and shared costs for administrative office space, equipment, supplies and overhead. For
purposes of this paragraph, "administrative" means any supportive activity relating to management,
supervision, budget or execution of the affairs of the budget unit as distinguished from activities relating
to its primary direct service functions. The process of delineation and determination of what constitutes
administrative costs for each budget unit shall be developed by the governor's office of strategic
planning and budgeting in consultation with the director and staff of the joint legislative budget
committee.
6. A summary on one page or less providing selected performance measures of the budget unit for the
previous fiscal year and the budget years. The performance measures may be expressed as service level
measures on a unit cost basis and shall be established by the governor's office of strategic planning and
budgeting in consultation with the director and staff of the joint legislative budget committee.

35-116. Supervisory powers of governor relating to budget report; exceptions
A. Prior to submission of the budget report to the legislature, the governor shall examine the statements
and estimates and shall make or cause to be made further investigations, with hearings before the
governor, or the governor's designee, and shall make changes or revisions in appropriations requested
that the governor deems advisable.
B. The judiciary and the legislature shall not be subject to the control of the governor in the preparation
and submission of budgets, but shall submit their requests for appropriations for the two ensuing fiscal
years to the governor for review by the legislature.
C. The appropriation requests of the Arizona board of regents and the department of transportation for
the ensuing fiscal year may be revised by the governor, but the governor shall also submit the
appropriation request prepared and submitted by the budget unit in its original form to the legislature for
review.

35-117. Participation of governor-elect in budget hearings


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The governor-elect shall be entitled to participate in all budget hearings and shall be furnished a copy of
the budget report as approved by the governor.

35-118. Transmission of budget report to legislature
The governor shall have the budget report prepared in such number of copies as he deems necessary,
and copies thereof shall be transmitted to the legislature not later than five days after the regular session
of the legislature convenes.

35-119. Assistance to appropriation committees
From the time of transmission of the budget report to the legislature until the appropriation act or acts
have been finally disposed of, the director of the department of administration, in person or by an
assistant, shall be available to the legislature and the appropriation committees thereof for explanation
of any recommendation made in the governor's budget report to the legislature.

35-120. Additional powers of governor
A. In aid of any powers vested in the governor under this article, the governor:
1. Shall have access to offices of all budget units.
2. May examine all books, papers, records and documents in the office of any budget unit.
3. May require any state officer or head of any budget unit to furnish such data, information or
statements as may be necessary.
B. The provisions of this section shall apply to the board of regents and the institutions under the
jurisdiction of the board of regents, only as they relate to the appropriations requested.
C. The power of the governor as prescribed by the terms of this section, to investigate budget units,
including the board of regents, may be delegated to the office of strategic planning and budgeting or the
department of administration. Such power may be used and shall extend to funds appropriated by the
legislature in its relation to budget preparation for the current and preceding fiscal year. The powers
granted by the terms of this section may be exercised by the governor during any period of the fiscal
year.

35-121. Format of appropriations
The format of the appropriations for the support and maintenance of state departments and institutions
shall be for two fiscal years, itemized separately for each fiscal year.

35-122. Strategic plans; program lists; compilation
A. Consistent with instructions issued by the governor, the administrative head of each budget unit is
responsible for:
1. Developing a strategic plan for the entire budget unit. At a minimum, the plan shall extend for the
current fiscal year and the two ensuing fiscal years and shall contain a mission statement, goals,
objectives and performance measures for the budget unit as a whole. The performance measures shall be
stated in terms that are consistent with a budget unit's goals and objectives and that emphasize results.

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The strategic plan shall be submitted to the governor's office of strategic planning and budgeting and to
the staff of the joint legislative budget committee by September 1 of each year.
2. Developing a strategic plan for each program identified in subsection B of this section. The plan shall
use the same format as the plan required under paragraph 1. These plans shall not be submitted to the
governor's office of strategic planning and budgeting and the staff of the joint legislative budget
committee unless otherwise required for a strategic program area review authorized by section 41-1275.
B. Consistent with instructions issued by the governor, the administrative head of each budget unit is
responsible for developing a list of programs for the budget unit. For each program the list shall include
a description, its mission statement, goals, performance measures that emphasize results and budgetary
data for the current and prior fiscal year. The budgetary data shall include funding amounts, regardless
of source. The list of programs shall be submitted to the governor's office of strategic planning and
budgeting by September 1 of each year. The governor's instructions shall allow budget units with a
minimal number of programs to consolidate their submissions for the strategic plan required under
subsection A of this section with the list of programs required under this subsection.
C. The governor's office of strategic planning and budgeting shall compile the submissions required in
subsection B of this section and no later than five days after the regular session of the legislature
convenes of each even-numbered year shall publish a master list of programs that are performed or
overseen by state government. In consultation with the staff of the joint legislative budget committee,
the governor's office of strategic planning and budgeting may modify the list of programs submitted by
each budget unit. The master list shall include the program description, mission statement, goals,
performance measures and budgetary data. The list shall include all programs that are administered
jointly by two or more budget units.
D. For purposes of this section, a program may include a subprogram as determined by the governor's
office of strategic planning and budgeting and the staff of the joint legislative budget committee.

Article 2.1 - Accounting for State Funds
35-131. Accounting system; reports; notice of deficiency; forms
A. In accordance with generally accepted governmental accounting principles, the department of
administration shall develop and prescribe for the use of all budget units a uniform accounting system
so designed as to insure compliance with all legal and constitutional requirements including those
respecting the receipt and expenditure of and the accountability for public monies.
B. The department of administration shall maintain complete, accurate and current financial records
relating to state monies and to other public monies in the state treasury available to, encumbered or
expended by each budget unit, including trust monies or other monies not subject to appropriation,
setting out all revenues, charges against all funds, fund and appropriation balances, interfund transfers,
outstanding warrants and encumbrances, in a manner consistent with the uniform state accounting
system, for the preparation of statewide financial statements in accordance with generally accepted
governmental accounting principles.
C. Each month the department of administration shall prepare and submit to the governor a report
summarizing by budget unit and appropriation or other fund source the above information in such form

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as will most clearly and accurately set out the current fiscal condition of the state and shall furnish to
each budget unit a report of its transactions by appropriation or other fund source in a form that will
clearly and accurately show the fiscal activity and condition of such appropriation or fund source.
D. The responsible official for each budget unit shall monitor reports prepared pursuant to subsection C
of this section to identify any projected total deficiency for the budget unit fiscal year. On a
determination of a projected deficiency, the official shall take any action necessary to assure continuing
compliance with section 1-254 by notifying the governor, the speaker of the house of representatives,
the president of the senate and the chairman of the joint legislative budget committee of the deficiency
and the reasons for the deficiency. The initial notification of the deficiency shall be followed within ten
business days by a report from the responsible budget unit official that includes the following:
1. A complete explanation of the causes of the deficiency.
2. A commitment to provide a progress report if the projected degree of deficiency changes
substantially. The report shall include additional measures necessary to assure resolution of the
deficiency within the fiscal year.
E. On request of the governor, the speaker of the house of representatives, the president of the senate or
the chairman of the joint legislative budget committee, the responsible official for a budget unit shall
also include in the report prescribed in subsection D of this section a plan that assures that the
deficiency will be resolved within the fiscal year without supplemental appropriation and that includes
the policy and programmatic implications of the deficiency and the plan.
F. On or before December 1 of each year the director of the department of administration shall submit to
the governor a complete report of the financial transactions of the preceding fiscal year and of the
financial condition of the state at the end of that year with such comments and supplementary data as the
director of the department of administration deems necessary to make the report complete and readily
understandable.
G. The director of the department of administration shall prescribe uniform classifications for assets,
liabilities, receipts and expenditures and forms for the periodic reporting of financial accounts,
transactions and other matters by budget units compatible with the reports required of the director of the
department of administration under this section. Such records and accounts shall be maintained and
reconciled by budget units. If required for reporting, the department of administration may establish or
delete funds and budget units may maintain additional records for reporting to the federal government or
other funding source.
H. Each organization that is included in the state's reporting entity as defined by generally accepted
accounting principles shall submit all necessary financial statements or information to the department of
administration on a basis of accounting that is consistent with generally accepted accounting principles
and that is in accordance with the policies and procedures of the department of administration.

Article 3 - Control of Receipts and Expenditures
35-141. General fund; payment of salaries and expenses
The general fund consists of all money received into the state treasury except money designated by law
for other statutory funds. Salaries of state officers, salaries of deputies, assistants, clerks and employees,

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and expenses incident to the offices thereof, shall be paid from the general fund or the respective fund
indicated when and as authorized in the general appropriation act or any other appropriation enacted by
the legislature.

35-142. Monies kept in funds separate from state general fund; receipt and withdrawal
A. All monies received for and belonging to the state shall be deposited in the state treasury and credited
to the state general fund except the following, which shall be placed and retained in separate funds:
1. The unexpendable principal of monies received from federal land grants shall be placed in separate
funds and the account of each such separate fund shall bear a title indicating the source and the
institution or purpose to which such fund belongs.
2. The interest, rentals and other expendable money received as income from federal land grants shall be
placed in separate accounts, each account bearing a title indicating the source and the institution or
purpose to which the fund belongs. Such expendable monies shall be expended only as authorized,
regulated and controlled by the general appropriation act or other act of the legislature.
3. All private or quasi-private monies authorized by law to be paid to or held by the state treasurer shall
be placed in separate accounts, each account bearing a title indicating the source and purpose of such
fund.
4. All monies legally pledged to retirement of building indebtedness or bonds issued by those
institutions authorized to incur such indebtedness or to issue such bonds shall be placed in separate
accounts.
5. Monies of a multi-county water conservation district authorized by law to be paid to or held by the
state treasurer shall be placed in separate accounts, each account bearing a title indicating the source and
purpose of such fund.
6. All monies collected by the Arizona game and fish department shall be deposited in a special fund
known as the state game and fish protection fund for the use of the Arizona game and fish commission
in carrying out the provisions of title 17.
7. All federal monies that are received by the department of economic security for family assistance
benefits and medical eligibility as a result of efficiencies developed by the department of economic
security and that would otherwise revert to the state general fund pursuant to section 35-190 shall be
retained for use by the department of economic security in accordance with the terms and conditions
imposed by the federal funding source.
8. Monies designated by law as special state funds shall not be considered a part of the general fund.
Unless otherwise prescribed by law, the state treasurer shall be the custodian of all such funds.
B. No money shall be received or held by the state treasurer except as authorized by law, and in every
instance the treasurer shall issue a receipt for money received and shall record the transaction in the
statewide accounting system. No money shall be withdrawn from the treasury except upon the warrant
or electronic funds transfer voucher of the department of administration.
C. All federal monies granted and paid to the state by the federal government shall be accounted for in
the accounts or funds of the state in the necessary detail to meet federal and state accounting, budgetary
and auditing requirements, and all appropriations for matching such federal monies shall be transferred

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from the general fund to such separate funds as needed, except as otherwise required by the federal
government.
D. Nothing in this section requires the establishment of separate accounts or funds for such federal
monies unless otherwise required by federal or state law. The department of administration has the
authority to use the most efficient system of accounts and records, consistent with legal requirements
and standard and necessary fiscal safeguards.
E. Nothing in this section precludes the creation by the department of administration of a clearing
account or other acceptable accounting method to effect prompt payment of claims from an approved
budget or appropriation. The department of administration shall report each account or fund established
or cancelled to the directors of the joint legislative budget committee and the governor's office of
strategic planning and budgeting.
F. Nothing in this section or any other section precludes the use of monies kept in funds separate from
the general fund, the interest from which accrues to the general fund, for payment of claims against the
general fund, provided sufficient monies remain available for payment of claims against such funds.
G. The department of administration may issue warrants for qualified expenditures of federal program
monies before they are deposited in the state treasury. The receipt of federal monies shall be timed to
coincide, as closely as administratively feasible, with the redemption of warrants by the state treasurer.
The department of administration shall limit expenditures to the amount that has been made available
for the use under the grant award by the federal government. The state agency initiating the expenditures
is responsible for ensuring that expenditures qualify for coverage under the guidelines of the federal
grant award.
H. The department of administration shall establish the policies and procedures for all state agencies for
drawing federal monies. When the established method results in federal monies being held by this state,
the department of administration may use the interest earned on the monies to pay the federal
government for any related interest liability. If an interest liability is incurred due to a state agency
varying from the established policies and procedures, the department of administration shall charge the
appropriate agency account or fund. Interest payment charges to agencies shall be reported by the
department of administration to the joint legislative budget committee on or before March 1. Any
federal interest liability owed to this state as a result of the delayed federal disbursements shall be used
to offset this state's interest liability to the federal government. Any remaining interest earnings shall be
deposited in the state general fund.
I. Any state agency or authorized agent of a state agency may accept credit cards pursuant to an
agreement entered into by the state treasurer pursuant to section 35-315 for the payment of any amount
due to that agency or agent or this state.
J. Except for the department of revenue for tax payments, agencies or authorized agents on behalf of
state agencies that accept credit cards shall deduct any applicable discount fee associated with the
transaction amount before depositing the net amount in the appropriate state fund. The net amount
deposited in the appropriate state fund shall be considered as the full deposit required by law of monies
received by the agency. Payment of any applicable discount fee shall be accounted for in the annual


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report submitted to the governor's office of strategic planning and budgeting in accordance with section
41-1273.
K. Any state agency that contracts with an authorized agent for the electronic processing of transactions
pursuant to title 41, chapter 23 may include a provision in the contract to allow the authorized agent to
impose a convenience fee. If allowed, the convenience fee shall be charged to the cardholder in addition
to the transaction amount, except for the following:
1. Any permits, licenses or other authorizations needed to pursue a trade or occupation in this state.
2. Any permits, licenses or other authorizations needed to establish, expand or operate a business in this
state.
3. Any permits, licenses or other authorizations needed to register and license a motor vehicle or driver
in this state.
L. Any state agency or its authorized agent may deduct the convenience fee associated with electronic
transactions listed in this subsection before depositing the net amount in the appropriate state fund. The
net amount deposited in the appropriate state fund pursuant to subsection K, paragraphs 1, 2 and 3 shall
be considered as the full deposit of monies that is required by law and that is received by the agency.
M. When the percentage of electronic transactions first exceeds at least thirty per cent of a state agency s
total transactions, the state agency shall perform a cost benefit report, including costs of convenience
fees, the amount of revenue generated and any realized cost savings. The state agency shall submit the
cost benefit report to the joint legislative budget committee within six months after reaching the thirty
per cent threshold.
N. State agencies shall report the number of transactions, the total dollar amount of transactions
processed, the total dollar amount of any discount fee and the total dollar amount of any convenience
fee charged, deducted or paid pursuant to subsections J and K of this section quarterly to the governor,
the government information technology agency and the joint legislative budget committee.

35-142.01. Reimbursement of appropriated funds; receipt and deposit
When monies are appropriated to a budget unit for a specific program or purpose which is subject to
reimbursement in whole or in part from federal monies or any other source, and which is so noted in the
appropriation bill, the budget unit, upon receipt of such reimbursement, shall deposit the monies,
pursuant to sections 35-146 and 35-147, in the state general fund or the fund from which the
appropriation was originally made. If the reimbursement is not noted in the appropriation bill, it may be
credited to the account out of which the expenditure was incurred if the director of the budget unit
determines that reimbursement within the fiscal year is necessary for operation of the budget unit and
was not specifically considered and rejected by the legislature at the time of appropriating monies to the
budget unit. The director of the budget unit shall notify the joint legislative budget committee, the
governor's office of strategic planning and budgeting and the state comptroller in writing of
determinations made pursuant to this section.

35-143. Collection through budget units; time for collection; failure to collect; liability


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A. Fees for licenses, permits, certificates of any kind and other amounts due any budget unit shall be
collected at the time such licenses, permits or certificates are issued by the budget units issuing them.
All other monies accruing to the various budget units or to the state through the various budget units
shall also be collected at the time services are rendered, or at the time of accrual by the budget units
rendering the services or assessing the charges, or otherwise giving rise to the claims in favor of the
state.
B. Any person or officer who neglects the collection of such fees or monies shall be liable to the state,
both personally and on his bond.

35-143.01. Special funds; appropriation; reversion; use
A. All monies deposited in special agency funds of self-supporting regulatory agencies, as provided in
section 35-142, to be used by such agency for administration and enforcement, shall be subject to annual
legislative appropriation.
B. Unless otherwise provided by the legislature, a special fund self-supporting regulatory agency shall
not expend more monies than are appropriated by the legislature for a fiscal year, and any monies
remaining at the end of the fiscal year revert to the special agency fund.
C. Any unexpended or unencumbered balance of monies remaining in the special funds of self-
supporting regulatory agencies as provided in section 35-142 at the end of the fiscal year shall not revert
to the state general fund and may be made available by the legislature for use by the agency for the
following fiscal year.

35-144. Budget stabilization fund; definitions
A. The budget stabilization fund is established consisting of monies transferred from the state general
fund pursuant to subsection B of this section. The state treasurer shall administer the fund and invest
and divest monies in the fund as provided by sections 35-313 and 35-314.02, and monies earned from
investment shall be credited to the fund. Except as provided by this section:
1. Monies in the fund are exempt from the provisions of section 35-190 relating to the reversion of
monies to the state general fund.
2. The monies in the fund are separate monies to be used only for the purposes of the fund.
B. In a calendar year in which the annual growth rate exceeds the trend growth rate, the excess growth
when multiplied by total general fund revenue of the fiscal year ending in the calendar year determines
the amount to be appropriated by the legislature to the budget stabilization fund in the fiscal year in
which the calendar year ends.
C. In a calendar year in which the annual growth rate is both less than two per cent and less than the
trend growth rate, the difference between the annual growth rate and the trend growth rate when
multiplied by the total general fund revenue of the fiscal year ending in the calendar year determines the
amount to be transferred by the legislature from the budget stabilization fund to the state general fund at
the end of the fiscal year in which the calendar year ends. The transfer calculated pursuant to this
subsection shall not exceed the available balance in the fund, nor shall the legislature transfer an amount
which exceeds the amount sufficient to balance the general fund budget.

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D. The legislature shall pass a bill which contains the emergency clause if the legislature either:
1. Reduces the amount for appropriation to the budget stabilization fund under subsection B of this
section.
2. Increases the amount for transfer to the state general fund under subsection C of this section.
E. The annual budget recommendations of the governor and the joint legislative budget committee shall
include estimates of appropriations or transfers required under subsection B or C of this section.
F. A final determination of the amount to be appropriated to or transferred from the budget stabilization
fund shall be made using personal income and price deflator estimates as reported in the second
calendar quarter for the preceding calendar year. The economic estimates commission shall determine
the annual growth rate, the trend growth rate and the required appropriation to or transfer from the
budget stabilization fund at its first meeting following the second calendar quarter report of the United
States department of commerce, but not later than June 1. The commission shall certify and report its
findings to the governor, the state treasurer, the president of the senate, the speaker of the house of
representatives and the joint legislative budget committee.
G. The appropriation calculated pursuant to subsection B of this section may be included in the general
appropriation bill for that fiscal year. Any additional appropriation calculated pursuant to subsection F
of this section shall be made by separate act.
H. At the end of a fiscal year, the budget stabilization fund balance shall not exceed 5.634 per cent for
fiscal year 1997-1998, 6.333 per cent for fiscal year 1998-1999 and seven per cent for fiscal year 1999-
2000 and each subsequent fiscal year of general fund revenue for each fiscal year. Any surplus monies
above the allowable percentages shall be transferred by the state treasurer to the state general fund.
I. The state treasurer may temporarily divest monies in the budget stabilization fund to avoid a negative
cash balance in operating monies. The amount divested shall not exceed the amount required to meet
immediate cash needs. The state treasurer may divest monies in the budget stabilization fund only when
the general fund has a negative cash balance.
J. In this section:
1. "Adjusted personal income" means personal income minus transfer payments, as reported by the
United States department of commerce, bureau of economic analysis, or its successor agency.
2. "Annual growth rate" means the percentage change in real adjusted personal income in the calendar
year ending during a fiscal year as compared to real adjusted personal income for the preceding calendar
year. The annual growth rate shall be rounded to the nearest one-hundredth of one per cent.
3. "GDP price deflator" means the gross domestic product price deflator reported by the United States
department of commerce, bureau of economic analysis, or its successor agency.
4. "Personal income" means the total personal income of all persons in this state reported by the United
States department of commerce, bureau of economic analysis, or its successor agency.
5. "Real adjusted personal income" means an amount which is determined by dividing adjusted personal
income by the GDP price deflator and multiplying the result by one hundred.
6. "Transfer payments" means that portion of personal income which represents a government
expenditure for which no service is rendered or product is delivered, as determined by the United States
department of commerce, bureau of economic analysis, or its successor agency.

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7. "Trend growth rate" means the average annual growth rate for the most recent seven calendar years,
rounded to the nearest one-hundredth of one per cent.

35-145. Control of taxes receivable from counties; statements from county treasurer; violation;
penalty
A. The treasurer of each county shall:
1. Remit to the state treasurer, on or before the fifteenth day of each month during each fiscal year, the
portion of tax money belonging to the state which was collected during the previous month.
2. Transmit to the state treasurer a statement of financial transactions in a form authorized by the state
treasurer.
B. Any county which fails or refuses to comply with the provisions of this section, or refuses to pay any
obligations due the state from the county, shall be notified in writing by the state treasurer. Any county
which persists in such failure or refusal for a period of thirty days after mailing the notice is disqualified
from receiving any portion of the excise tax monies under section 42-5029 until the county complies
with the provisions of this section and pays the state its obligations.
C. The provisions of this section shall not bar or suspend the state's right to commence an action for the
purpose of compelling the collection or remitting of monies due the state.

35-146. Deposit of receipts by budget units
A. All monies received by any officer or employee of any budget unit shall be promptly remitted to the
state treasurer and no monies shall be held, used or deposited in any personal or special bank account
temporarily or otherwise by any agent or employee except as expressly provided by this chapter.
B. All monies received by the state treasurer shall be credited to the state general fund, unless otherwise
prescribed by law.
C. Upon receipt, the amount of tuition, registration fees and other revenues included in the operating
budget adopted by the board for each university as prescribed in section 15-1626, subsection A,
paragraph 12, shall be promptly remitted to the state treasurer.

35-147. Treasurer's deposits; preparation and disposition
A. The head of the budget unit or his authorized agent in depositing monies with the state treasurer shall
use forms authorized by the state treasurer.
B. The treasurer's deposit shall be prepared in duplicate, or more copies if necessary, and all copies shall
be delivered to the state treasurer together with the remittance or proof of prior deposit with the state
servicing bank. A validated copy will be returned by the state treasurer to be retained by the issuing
budget unit. The treasurer's receipt shall show the amount, the date deposited and a unique validation
number that will link the deposit to accounting documents and fund details maintained in the statewide
accounting system. The treasurer's deposit forms shall be issued to the budget units by the department of
administration. The administrative head of each budget unit shall be held accountable for each deposit.



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35-148. Payment for interagency services as credit to account of agency; transfer of miscellaneous
state monies to general fund; exceptions
A. Interagency service agreements entered into between budget units may provide for reimbursement for
services performed or advancement of funds for services to be performed. In either instance, monies
received by the budget unit performing the services shall be credited to its appropriation account for its
use in performing the services. If funds are advanced, the agency performing the services shall make an
accounting of expenditures and return any advances not used to the appropriation account of the
advancing agency.
B. Except as provided in subsection A of this section, when money belonging to the state comes into the
possession of a state officer, by recovery at law or otherwise, and no provision of law exists for the
disposition of such money, it shall be deposited, pursuant to sections 35-146 and 35-147, in the state
general fund.
C. The provisions of this section shall not apply to money realized from the sale of personal property or
from the sale of real property or improvements thereon by the Arizona board of regents, or by
educational institutions under the control of the Arizona board of regents or the department of economic
security.

35-149. Disposition of private funds; contributions and suspense funds; exception
A. Every department, institution, board or commission receiving private funds or contributions available
for its support or for the purpose of defraying expenses or work done under its direction or other receipts
which may be subject to refund or return to the sender or receipts which have not yet accrued to the state
shall, in depositing such monies with the state treasurer as provided in this chapter, certify to the
department of administration:
1. The source from which such monies were received.
2. The terms and conditions under which and the purpose for which they were received.
3. The names of the trustees or administrators of the funds or contributions.
4. The name of the person authorized to approve expenditures from each fund.
B. The department, institution, board or commission shall keep an accounting of each such fund or
contribution mentioned in subsection A entirely separate and distinct from all other funds.
C. All disbursements from such funds and contributions shall be made on warrants or electronic funds
transfer vouchers of the department of administration, who shall issue such warrants or electronic funds
transfer vouchers only upon adequate vouchers approved by the person or persons authorized to approve
the disbursements. Separate sets of accounts with each of such funds and contributions, and the receipts
and disbursements thereof, shall be maintained by the department of administration.
D. The provisions of this chapter shall not apply to monies received by universities for the subsistence
of dining halls, dormitories, bookstores or student activities, to federal monies or private monies of
students received by state educational institutions, or to private monies of patients or inmates of state
institutions, when such monies deposited with an officer of such an institution are declared not to be
state monies.


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35-150. Current record of revenues; enforcement powers
A. The department of administration shall keep current a completely detailed list of all sources from
which monies accrue to the state, classified according to the budget units and other agencies responsible
for the collection of public monies, showing for each of the various budget units and each of the other
revenue-collecting agencies of the state the various kinds of taxes, fees, permits and other public monies
collected or to be collected.
B. The department of administration may take steps deemed necessary, including court action, to
enforce the provisions of this chapter with respect to collecting and depositing public monies.
C. Notwithstanding any other law, budget units and other agencies responsible for the collection of
public monies shall provide the state comptroller with an accounting of all collections of monies owed
to this state regardless of the source pursuant to section 38-414.
D. Any employee or officer who refers a debt to the attorney general's office for collection pursuant to
section 41-191.03 and certifies the uncollectible amount to the state comptroller is exempt from section
35-143, subsection B.
E. The attorney general's office shall annually notify the state comptroller of all uncollectible debts
owed to this state. After receiving this notice and review by the joint legislative budget committee, the
state comptroller may remove the total receivable or any portion of the receivable from the state
accounting system.

35-151. Encumbrance documents; issuance and disposition
A. An encumbrance document shall be processed in the state's accounting system before a budget unit
issues a purchase order or encumbrance document against appropriations to cover an obligation, actual
or anticipated, except that encumbrance documents are not required for gross payrolls and related
employee expenses of a budget unit, or, under procedures prescribed in the state accounting manual of
the department of administration, for expenditures not exceeding one thousand dollars. Copies of these
documents shall be submitted immediately to or entered into the state accounting system of the
department of administration. The budget unit shall certify that the proposed expenditure is authorized
by appropriation and allotment and that the amount involved does not exceed the unencumbered and
unexpended balance of the appropriation as recorded in the state's accounting system. If any proposed
certified expenditure is found to exceed the unencumbered and unexpended balance or to be contrary to
the provisions of this chapter or any other law, the head of the budget unit or his designee shall disallow
the proposed expenditure. If the encumbrance is found to be in order it shall be immediately submitted
or electronically transmitted to the department of administration central accounting system, which shall
not accept an encumbrance in excess of the appropriation. The amount of the encumbrance shall be set
aside to be used exclusively for payment of the claim when presented. If an adequate appropriation
balance is not available, the accounting system shall reject the transaction.
B. The department of administration may require encumbrances for all funds of the state, except for the
investment of public monies or permanent endowment funds, which are not appropriated but are held in
custody by the state treasurer.


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C. No encumbrance document may be approved by or for any budget unit which will involve an
expenditure of any amount in excess of the unencumbered and unexpended balance of the appropriation
or fund source to which the resulting expenditure will be chargeable.
D. Notwithstanding subsection A of this section, an expenditure under section 35-191 shall be
encumbered regardless of the dollar amount of the expenditure.



35-152. Special masters; payment of fees and expenses
A. An officer, employee or agent of this state shall not open and maintain an account for the purpose of
paying fees and expenses that are incurred by a special master who is appointed by a federal court.
B. Notwithstanding any law to the contrary, an officer, employee or agent of this state is not subject to
personal liability for complying with subsection A.
C. An officer, employee or agent of this state shall not pay fees and expenses for special masters
appointed by a federal court unless the legislature appropriates monies for the payment of the special
master fees and expenses.
D. Notwithstanding any law to the contrary, the failure of the legislature to appropriate monies for the
payment of fees and expenses for special masters appointed by a federal court does not subject an
officer, employee or agent of this state to personal liability for the special master fees and expenses.
E. This section applies to all bills for fees and expenses for special masters appointed by a federal court
that are submitted after the effective date of this section.

35-154. Unauthorized obligations; effect; liability
A. No person shall incur, order or vote for the incurrence of any obligation against the state or for any
expenditure not authorized by an appropriation and an allotment. Any obligation incurred in
contravention of this chapter shall not be binding upon the state and shall be null and void and incapable
of ratification by any executive authority to give effect thereto against the state.
B. Every person incurring, or ordering or voting for the incurrence of such obligations, and his
bondsmen, shall be jointly and severally liable therefor. Every payment made in violation of the
provisions of this chapter shall be deemed illegal, and every official authorizing or approving such
payment, or taking part therein, and every person receiving such payment, or any part thereof, shall be
jointly and severally liable to the state for the full amount so paid or received.

35-155. Cash deposit as an alternative to a surety bond
A. Any budget unit which requires a person to post a surety bond to guarantee the faithful performance
of a legal obligation may accept, in lieu of the surety bond, a cash deposit in the form of cash or
alternatives to cash. The budget unit may accept as an alternative to cash any of the following:
1. Certificates of deposit or investment certificates payable or assigned to the state treasurer issued by
banks doing business in this state and insured by the federal deposit insurance corporation.


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2. Certificates of deposit, investment certificates or share accounts payable or assigned to the state
treasurer and issued by a savings and loan association doing business in this state and insured by the
federal savings and loan insurance corporation.
3. Certificates of deposit, investment certificates or share accounts payable or assigned to the state
treasurer and issued by a credit union doing business in this state and insured by the national credit
union administration.
B. The budget unit shall deposit the cash deposit received under this section with the state treasurer. The
state treasurer shall hold the cash or alternatives to cash in the name of this state to guarantee the faithful
performance of all legal obligations of the person required to post the bond. The person is entitled to
receive any accrued interest earned from the alternatives to cash. The state treasurer may impose a fee to
reimburse the state treasurer for administrative expenses. The fee shall not exceed ten dollars for each
cash deposit.
C. A person depositing cash in lieu of a surety bond may withdraw the deposit upon satisfactory
performance of the legal obligation or upon replacing the cash deposit with a commercial surety bond.
D. The budget unit and the state treasurer have no personal liability for the performance of duties
relating to the cash deposits permitted by this section as long as those duties are performed in good
faith.
E. The state treasurer may prescribe rules relating to the terms and conditions of each type of security
provided by this section.

Article 4 - Classification and Allotment of Funds
35-171. Bookkeeping procedures for treasurer
All public money in the custody or possession of the state treasurer shall be placed and retained in a
state fund pursuant to the provisions of section 35-142. The total of these funds shall constitute the cash
fund of the state. Warrants shall be credited to the fund as they are paid.

35-172. Authorized expenditures classed as appropriated
A. For the purpose of accounting, budgeting, allotting and reporting, all expenditures authorized by
either the general appropriation act or by any separate or special act shall be classed as appropriated by
the legislature.
B. Expenditures under the general classes provided by subsection A shall be subdivided by the
department of administration in accordance with the objects and character of the expenditures and in
such manner that the true and actual cost of each object will be reflected perpetually on the division's
books.

35-173. Allotment of appropriations; limitations; exceptions
A. An "allotment schedule" means a detailed plan of expenditures for a full fiscal year within a budget
program or expenditure class.
B. Before monies from an authorized appropriation, or any other source, can be obligated, an allotment
schedule must be approved and established by the department of administration. The allotment schedule

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shall be based on the estimated annual requirement and shall distribute the available spending authority
to cover the entire fiscal year's operations.
C. With the exception of the department of administration, the budget unit may, upon approval of the
director of the department of administration:
1. Transfer spending authority from one expenditure class to another.
2. Transfer spending authority between and within programs if spending authority is appropriated to the
budget unit by programs.
D. A transfer within a budget unit of spending authority appropriated for land acquisition, capital
projects or building renewal shall be permissible only on approval of the joint committee on capital
review.
E. No transfer to or from personal services or employee related expenditures from or to any other budget
program or expenditure class shall be permitted unless recommended by the joint legislative budget
committee and approved by the director of the department of administration, except that the director of
the department of administration may transfer amounts equal to the gross payroll and related employee
expenses of a budget unit from the monies of a budget unit available for this purpose to payroll imprest
accounts for the purpose of paying employees of the budget unit and disbursing related employee
expenses.
F. A transfer of spending authority within the department of administration shall be made only with the
approval of the joint legislative budget committee, except as provided in subsection E.
G. The provisions of this section shall not apply to the universities.

35-174. Vacancy savings; definition; personal services and employee related expenditures;
reversion
A. A "vacancy saving" is any monies saved or generated in personal services and employee related
expenditures by:
1. Not filling a position which has become vacant by termination of an employee.
2. Not filling a newly authorized position.
3. Filling an authorized position at a grade or step lower than is authorized by the legislature.
4. A downward reclassification of an authorized position.
B. A vacancy saving shall not be expended by the budget unit, except upon approval of the director of
the department of administration, for any of the following purposes:
1. Awarding merit increases to state employees.
2. Funding reclassified positions.
3. Creating new positions that exceed the total number of full-time equivalent positions as approved by
the joint appropriations committees and reported annually in the appropriations report.
C. An unexpended vacancy saving shall revert to the fund from which appropriated except as provided
in section 15-1661, subsection C. The reversion shall occur at the end of each fiscal year.
D. This section applies only to funds appropriated by the legislature.

Article 5 - Fiscal Procedures, Controls and Reports

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35-181.01. Presentation, approval and payment of claims and payrolls; amended claims
A. All claims against the state for obligations authorized, required or permitted to be incurred by any
state officer or agency shall be paid in accordance with procedures prescribed by the director of the
department of administration. The director may prescribe procedures for prepayment for goods or
services if it is the industry standard or if it is in the best interests of this state to prepay.
B. Any claim made and approved contrary to subsection A of this section, in the absence of fraud or bad
faith on the part of the claimant or disbursing officer, may be amended at any time during the fiscal year
in which it was originally submitted to conform to the requirements of subsection A of this section and
upon amendment such claim shall be exempt from the provisions of section 35-211.
C. Any public funds paid or received pursuant to law, in the absence of fraud or bad faith in the
disbursement or receipt of such funds prior to such law being declared unconstitutional by the supreme
court of the state of Arizona, shall be exempt from the provisions of section 35-211.

35-181.02. Audit, adjustment and settlement of claims; procedures for rejection
A. The director of the department of administration shall audit, adjust and settle the amount of claims
against this state payable out of funds of this state, except claims expressly required or permitted by law
to be audited and settled by some other officer. The director of the department of administration shall
establish audit policies consistent with accepted accounting principles in order to effect prompt and
correct payment of state obligations. The director of the department of administration shall also
determine whether the funds are available for payment and that the claim is signed by the authorized
representative as required by section 35-182.
B. The director of the department of administration shall establish procedures for the return and
resolution of any claim for which funds are not available or which payment is contrary to law.

35-181.03. Audit of nonprofit corporations receiving state monies; definition
A. All state contracts with nonprofit corporations for assistance shall include requirements concerning
financial and compliance audits.
B. Each nonprofit corporation that receives in excess of one hundred thousand dollars in state assistance
in any fiscal year shall file for each such fiscal year at the corporation's expense with the grantor agency
either audited financial statements prepared in accordance with federal single audit regulations or
financial statements prepared in accordance with generally accepted accounting principles and audited
by an independent certified public accountant.
C. Each nonprofit corporation receiving fifty thousand dollars to one hundred thousand dollars in state
assistance in any fiscal year shall file biennially at the corporation's expense with the grantor agency
either an audited annual financial statement for the most recently completed even-numbered year
prepared in accordance with federal single audit regulations or a financial statement for the most
recently completed even-numbered year prepared in accordance with generally accepted accounting
principles and audited by an independent certified public accountant.



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D. Each nonprofit corporation receiving less than fifty thousand dollars in state assistance in any fiscal
year shall comply with contract requirements concerning financial and compliance audits contained in
contract agreements governing such programs.
E. For the purposes of this section, "nonprofit corporation" means a corporation as defined in section
10-3140.

35-182. Certification of claims
Before any claim against the state is paid by the department of administration, the department shall
require a certification in a form prescribed by the director of the department of administration and
signed by the authorized representative or representatives of the budget unit presenting the claim.

35-183. Countersigning of warrants and vouchers
All warrants and electronic funds transfer vouchers issued by the department of administration shall be
countersigned by the governor, or shall bear the facsimile signature of the governor, before presentation
to the state treasurer for payment or endorsement. Unless so countersigned the warrants or vouchers
shall not be considered complete in form or effect as legal obligations against the state.

35-184. Numbering of warrants
A. All warrants issued by the department of administration shall be numbered in the manner prescribed
by the director of the department of administration to maintain accountability.
B. All warrants issued by the department of administration shall bear on the face of the warrant a void
date not to exceed two years from the date of issuance.

35-185. Disbursements of monies
A. All warrants and electronic funds transfer vouchers of the department of administration issued
pursuant to this chapter shall constitute full and sufficient authority for the state treasurer to disburse
public monies in the amount set forth on the face of the warrant or electronic funds transfer voucher.
The state treasurer shall issue a check on a state depository bank or authorize the transfer of monies by
the state depository bank in payment of the warrants and vouchers. The director of the department of
administration shall credit the state treasurer with the amount of all warrants or electronic funds transfer
vouchers retired or paid by him. If no monies are available for payment of such warrants or electronic
funds transfer vouchers, the state treasurer shall issue in lieu of payment a treasurer's warrant note or
notes as provided in section 35-185.01.
B. Money shall not be withdrawn from the treasury for any purpose unless for the payment of warrants
and electronic funds transfer vouchers issued by the director of the department of administration or for
the payment of treasurer's warrant notes.
C. This chapter shall not be construed to apply to withdrawals of monies from state depository banks for
immediate redeposit into other state depository banks.

35-185.01. Treasurer's warrant notes; form; redemption; exception

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A. If no monies are available for payment of warrants or electronic funds transfer vouchers of the
department of administration presented to the state treasurer pursuant to section 35-185, the treasurer in
lieu of payment shall issue and shall exchange or sell a treasurer's warrant note or notes in the amount or
amounts equal to the sum of the face value of the warrants or electronic funds transfer vouchers
presented for payment. Treasurer's warrant notes shall be issued in lieu of payment of general fund
warrants or electronic funds transfer vouchers only or in exchange for previously issued treasurer's
warrant notes.
B. The face value of a treasurer's warrant note may be equal to the sum of any combination of warrants
presented for payment. The treasurer may sell warrant notes at public or private sale and shall use the
proceeds of such sale for payment of warrants previously presented pursuant to section 35-185.
Treasurer's warrant notes shall not be sold at a price below their face value.
C. Each treasurer's warrant note sold or exchanged shall be dated the date the respective warrants are
presented for payment. If the date of delivery of a treasurer's warrant note that is sold is later than the
date of presentment of the respective warrant or warrants, the purchaser of the treasurer's warrant note
shall pay such accrued interest as an additional purchase price. Such accrued interest shall be paid to the
holder of the respective unpaid warrant or warrants which shall be deemed to bear interest at the same
rate as the respective treasurer's warrant note from presentment to payment from the proceeds of warrant
notes sold.
D. The treasurer shall establish a maturity date for each treasurer's warrant note of not longer than ninety
days from the date of initial issue. The treasurer may specify that treasurer's warrant notes may be called
for redemption at any time before the specified maturity date.
E. The treasurer shall pay interest from the treasurer's warrant note redemption fund on the face value of
each warrant note at the rate established by the state treasurer at the time of issuing the warrant note.
Interest shall be paid from the date of the treasurer's warrant note until the maturity date or redemption
date. The treasurer shall establish the interest rate before the exchange or sale of warrant notes at a rate
not in excess of the maximum rate permitted by the state loan commissioners.
F. The state loan commissioners, at a meeting called and chaired by the state treasurer, shall fix or
change the maximum rate of interest that may be paid on warrant notes. No change of the maximum
allowable rate of interest as established by the state loan commissioners shall affect warrant notes issued
before the date of the change.
G. Each treasurer's warrant note shall be signed by the treasurer or designated agent and countersigned
by the director of the department of administration. One of the two required signatures may be a
facsimile. All treasurer's warrant notes shall be substantially in the following form:
Treasurer's warrant note
(19__ to ____ fiscal year)
Number _____________________
Phoenix, Arizona _________________, 19__
On __________________, 19__, the treasurer of the state of Arizona will pay to the order of
_____________________ at __________________ _______________ $ _______________ with


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interest at __________ per annum from the date of issuance until paid (calculated on a 365/366 day
basis).
(insert early redemption provisions)
____________________________ ____________________________
(Countersigned) State Treasurer
Director of the department
of administration
H. Treasurer's warrant notes may be exchanged or sold for the combined face value of any number of
treasurer's warrant notes previously issued. Except for those treasurer's warrant notes issued in exchange
for or to redeem treasurer's warrant notes previously issued, no treasurer's warrant notes may be issued,
exchanged or sold except in payment of or to provide monies for the payment of a warrant or warrants
presented for payment as provided in section 35-185.
I. Treasurer's warrant notes issued in any fiscal year shall be numbered consecutively beginning with the
number one. Treasurer's warrant notes shall be redeemed in numerical order. If the treasurer has
sufficient monies to pay only a portion of the lowest numbered outstanding warrant note, he may deposit
such monies with the paying agent pursuant to subsection K of this section or call in such lowest
numbered warrant note, before maturity according to its terms, and pay the bearer the amount available
and issue to the bearer a new warrant note bearing a number that will preserve, for the new warrant note,
the priority of the partially paid warrant note and bearing a value equal to the amount of principal and
interest remaining unpaid. The new warrant note and the partial payment of principal and interest on the
partially paid warrant note shall be exchanged for the partially paid warrant note. The new warrant note
shall pay interest at the same rate as the partially paid warrant note. The treasurer may make such
changes in the form and date of the new warrant note as necessary to reflect the amount of unpaid
interest on the partially paid warrant note.
J. The treasurer may include in the form of the treasurer's warrant notes such provisions regarding the
redemption and payment of treasurer's warrant notes before maturity as are consistent with subsections I
and K of this section and section 35-185.02. If prior redemption is to be a provision of a treasurer's
warrant note, the note shall provide a method of notification of the holder of the note by publication or
written, telegraphic or electronic means as chosen by the treasurer.
K. The treasurer may appoint a paying agent for the purpose of facilitating the redemption and payment
of treasurer's warrant notes. Monies deposited with the paying agent shall be allocated to the payment of
the principal of, interest on and any prior redemption premiums associated with treasurer's warrant notes
in numerical order. A treasurer's warrant note shall be deemed paid for all purposes of this section and
section 35-185.02 when there is deposited with the paying agent sufficient monies to pay all amounts
when due on the treasurer's warrant note and all amounts when due on all outstanding treasurer's
warrant notes bearing a lower number. A paying agent appointed pursuant to this subsection shall
provide security deposits as required by the treasurer.
L. When the treasurer or the paying agent, if payment is made to a paying agent, pursuant to subsection
K of this section, pays treasurer's warrant notes or when such warrant notes are redeemed he shall mark
on the face of such treasurer's warrant notes the word "cancelled" indicating the date of cancellation and

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shall promptly present such notes to the director of the department of administration who shall give the
state treasurer a receipt therefor.
M. If the state loan commissioners determine that it will result in a lower net effective interest rate on
one, some or all warrant notes to be issued by the treasurer during the current fiscal year, the
commissioners may authorize the treasurer to purchase letters of credit and to incur and pay insurance
premiums, attorney fees or other related costs incurred with respect to treasurer's warrant notes. All such
payments shall be treated in the same manner as interest to be paid on treasurer's warrant notes and shall
be paid from the treasurer's warrant note redemption fund.
N. If treasurer's warrant notes are to be exchanged for warrants held by banks or savings and loan
associations, the treasurer may enter into agreements with such banks or savings and loan associations
to provide for the issuance, reissuance and custody of treasurer's warrant notes, the fixing of the interest
rates on such treasurer's warrant notes and the method of giving notice to the holders of the notes. Such
agreements may provide for a book entry system for the treasurer's warrant notes or may provide for the
issuance of one note with an appropriate grid on the reverse, which shall show the advancements made
by the banks or savings and loan associations and also the payments of interest and reductions of
principal. Such agreements may be continuing in nature, may be executed at any time and may apply to
any treasurer's warrant notes exchanged for either warrants or treasurer's warrant notes at any time
during the remainder of the fiscal year in which the agreement is made. The agreements shall provide a
method to preserve the priority of, interest rate on and other terms of each treasurer's warrant note
exchanged pursuant to the agreement. No such agreement shall become effective until approved by the
state loan commissioners.

35-185.02. Treasurer's warrant note redemption fund; receipt; appropriation
A. The treasurer's warrant note redemption fund is established. Any time that treasurer's warrant notes
have been issued and remain outstanding, all monies that would otherwise be paid into the state general
fund, except for amounts sufficient to pay the salaries of constitutional officers of this state, shall be
deposited into the treasurer's warrant note redemption fund. All monies in the treasurer's warrant note
redemption fund shall be used exclusively to pay the principal of and interest on treasurer's warrant
notes, and to pay the fees and charges authorized by this chapter. Monies in the treasurer's warrant note
redemption fund shall be invested by the state treasurer, or a paying agent appointed pursuant to section
35-185.01, subsection K, and shall be credited to the treasurer's warrant note redemption fund.
B. At such time as all warrant notes have been redeemed and the principal of and interest on such
warrant notes have been paid along with any fees and charges authorized by this chapter, the paying
agent shall return all unused and unneeded monies to the treasurer and the treasurer shall transfer any
remaining amounts in the treasurer's warrant note redemption fund to the state general fund.
C. All monies deposited in the treasurer's warrant note redemption fund are appropriated to the state
treasurer to pay the principal of and interest on outstanding treasurer's warrant notes and to pay any fees
and charges authorized by this chapter. The amount appropriated to the treasurer pursuant to this
subsection constitutes a continuing appropriation and shall not exceed the sum of the face values of the
treasurer's warrant notes issued plus an additional one-fifth of that sum for payment of interest on the

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treasurer's warrant notes and fees and charges authorized by this chapter. The state treasurer may, if
authorized by the state loan commission, provide for the payment of a premium upon redemption and
payment of warrant notes before the maturity date established at the time of issuance.
D. The presentation on or after its maturity date or earlier call date of a treasurer's note shall constitute
full and sufficient authority for the state treasurer or a paying agent appointed pursuant to section 35-
185.01, subsection K to disburse public monies from the treasurer's warrant note redemption fund in the
amount stated on the face of the treasurer's warrant note plus any interest and prior redemption
premiums, if applicable, when due.
E. All amounts deposited in the treasurer's warrant note redemption fund are pledged and held in trust
for the benefit of the holders of the treasurer's warrant notes for the exclusive payment of the principal
of and interest on outstanding treasurer's warrant notes and the payment of the fees and charges
authorized by this chapter. All monies so pledged and received by the treasurer to be placed in the
treasurer's warrant redemption fund shall be immediately deemed assigned to and held in trust, without
notice or recording of any nature whatsoever, for the holders of outstanding treasurer's warrant notes
and other persons to be paid as provided by this article.


35-186. Duplicate warrants; notice; bond; form and effect
A. When it appears to the satisfaction of the department of administration, by affidavit or otherwise, that
any warrant has been lost or destroyed prior to payment and there is no reasonable probability of its
being found or presented or that a warrant has not been presented for payment within the time specified
on the face of the warrant, the department of administration may issue to the owner a duplicate of such
lost, destroyed or out-of-date warrant. Before issuing such duplicate the department of administration
shall send a written stop payment notice to the state treasurer giving the number, amount and date of the
warrant, the payee and the fund on which drawn.
B. The director of the department of administration shall establish procedures for issuing duplicate
warrants that protect this state and provide the owner with a duplicate warrant within a reasonable time.

35-187. Warrants; limitation on payment
A warrant upon the state treasury shall not be paid unless presented to the state treasurer for payment
prior to the void date printed on the face of the warrant. Any warrant that includes federal, trust or
donated monies held for the payment of void warrants shall be transferred or reverted to the fund from
which it was drawn. All other monies held for the payment of void warrants are deemed property
presumed abandoned under section 44-302, subsection A, paragraph 11 and shall be transmitted to the
department of revenue on a monthly basis. For purposes of this section and title 44, chapter 3, a warrant
does not include a state issued check for support as defined in section 25-500 or for spousal
maintenance.

35-188. Allowance of set-off against state; audit of claim


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In all actions brought on behalf of the state, no debt shall be allowed against the state as a set-off unless
it has been exhibited to the director of the department of administration and by him allowed or
disallowed. A debt may be allowed as a set-off when it is proved to the satisfaction of the court that the
defendant, at the time of trial, is in possession of vouchers which he could not produce to the
department of administration, or that he was prevented from exhibiting the claim to the department of
administration by absence from the state, sickness or unavoidable accident.

35-189. Issuance of certificate for claim for which no appropriation made
In all instances in which the law recognizes a claim for money against the state, but no appropriation has
been made by law to pay such claim, the department of administration shall audit and adjust the claim,
if presented to it, and give the claimant a certificate of the amount thereof, under its official seal if
demanded, and shall report it to the next succeeding regular session of the legislature.

35-190. Incurring obligations after close of fiscal year; lapsing appropriations; exceptions
A. Except as provided in section 35-191 no officer or other agency of the state shall, after the close of
any fiscal year, incur or order or approve the incurring of any obligation or expenditure under any
appropriation made by the legislature for such fiscal year, and no expenditure shall be made from or be
charged to any appropriation made by the legislature for any fiscal year which has expired at the time
the obligation for such expenditure was incurred.
B. The department of administration may draw warrants against the available balances of appropriations
made for a fiscal year for a period of one month after the close of such fiscal year:
1. For payment of obligations incurred during the fiscal year for which such appropriations were made.
2. In fulfillment of contracts properly made during such year as determined by the director of the
department of administration.
C. After expiration of such period of one month from the beginning of each fiscal year, all balances of
appropriations for the prior fiscal year shall lapse and no further payments shall be made on any claim
on account of expenditures of such prior fiscal year.
D. Appropriations for construction or other permanent improvements shall not lapse until the purpose
for which the appropriation was made has been accomplished or abandoned, unless such appropriation
is available during the entire fiscal year without an expenditure therefrom or encumbrance thereon.
E. Nothing in this section shall be construed to require reversion to the general fund of any balance
derived wholly or partly from federal grants, earnings or other sources, and remaining in any special
revenue, endowment, interest, redemption or suspense agency fund at the close of the fiscal year unless
expressly so provided by law, or to require reversion to the general fund of any balance of fiscal year
appropriations made for state institutions under the control of the Arizona board of regents.


35-191. Administrative adjustment; refunds; presentation and disposition of claims; exemption
A. A claim against this state arising out of contractual relations which has not been paid because of
failure to file within the time prescribed by law, or because of any other technical defect not affecting

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the validity or the contractual liability of this state, is subject to administrative adjustment as provided in
this section. A claim against this state arising from orders for goods or services made in one fiscal year
and received in the next fiscal year is subject to administrative adjustment as provided in this section if
written documentation is provided by the ordering budget unit and written approval is granted by the
director of the department of administration. The budget unit shall keep on file the written
documentation and authorization by the director.
B. If a claim from the prior fiscal year is presented within one year and if sufficient funds remain in the
reverted appropriation to pay the claim, the department of administration, upon approval of the claim,
shall draw a warrant in payment of the claim and the warrant shall be paid out of the fund to which the
unused appropriation reverted.
C. If a claim is presented which is more than one fiscal year and less than four fiscal years old and if
sufficient funds remain in the reverted appropriation to pay the claim the department of administration
shall present the claim to the legislature requesting an appropriation of monies sufficient for payment of
the claim.
D. Claims of three hundred dollars or less from a prior fiscal year presented for payment by June 30 of
the fourth subsequent fiscal year may be paid out of an available current year appropriation of the
requesting agency if it is determined to be in the best interest of this state and is approved by the director
of the department of administration.
E. A claim for refund on any fee, license, permit or erroneous payment, the revenue having been placed
in any separate fund, or the general fund, is subject to this section if no specific provision for refund is
prescribed by law. If a claim for refund is approved, payment shall be made out of any unexpended or
unappropriated balance in the separate fund or general fund.
F. If this state's liability cannot be determined until a subsequent fiscal year but is resolved
administratively after one fiscal year, the claim shall be paid from the appropriation for the year in
which the liability is determined in accordance with the procedures established by the department of
administration.
G. All claims filed under the provisions of this section shall be presented to the department of
administration in the manner prescribed by law and procedures established by the department of
administration for presentation and audit of claims.
H. The provisions of this section do not apply to a claim for damages for injury to a person or property
and any claim if the goods or services were received four fiscal years prior to the presentation of the
claim.

35-192. Authorization for declaration of disaster; authorization for liabilities and expenses;
priorities and limitations; review and report of expenditures
A. The governor may declare an emergency arising from such major disasters as provided in this section
and incur liabilities therefor, regardless of whether or not the legislature is in session.
B. When the governor, or the director of the division of emergency management in the department of
emergency and military affairs pursuant to section 26-303, subsection H, determines that a contingency
or disaster so justifies, and declares an emergency, specific liabilities and expenses provided for in this

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section are authorized to be incurred against and to be paid as claims against the state from unrestricted
monies from the general fund to mitigate and meet contingencies and emergencies arising from:
1. Invasions, hostile attacks, riots or insurrections.
2. Epidemics of disease or plagues of insects.
3. Floods or floodwaters.
4. Acts of God or any major disaster.
5. Wild land fires, but only after all necessary authorizations under section 37-623.02 are exhausted.
C. When authorized by the governor, specific liabilities and expenses provided for in this section may
be incurred against and may be paid as claims against the state from unrestricted monies from the
general fund to meet contingencies and emergencies arising from incidents relating to hazardous
materials as defined in section 26-301 and search or rescue operations conducted pursuant to section 11-
251.02, section 11-441, subsection C or section 26-306 subject to the limitations provided in section 35-
192.01.
D. Liabilities and expenses authorized under the provisions of subsection B of this section may be
incurred for any of the emergencies or contingencies prescribed in subsection B of this section in the
following order of priority:
1. Reimbursement for expenses incurred to combat a menace to the health, lives or property of any
considerable number of persons of the state, or to property of the state or its political subdivisions.
2. Reimbursement for expenses incurred to repair damage to any property of the state.
3. Reimbursement for expenses incurred to repair damage to any property of the political subdivisions
of the state.
4. Reimbursement for expenses incurred in search or rescue operations.
5. Reimbursement for expenses incurred in emergency or disaster recovery activities or in matching
federal disaster recovery programs.
6. Reimbursement for expenses for property loss mitigation measures or to match federal property loss
mitigation programs.
E. The auditor of the department of emergency and military affairs shall review liabilities incurred and
expenditures made under this section and report to the state emergency council at ninety day intervals
during the emergency and conduct a final review of each emergency within ninety days after the
termination of the emergency. The state emergency council shall make a written report not later than
August 1 of each year to the legislature of the actions of the state emergency council during the
preceding fiscal year including an itemized statement of expenditures for each emergency during the
year.
F. All liabilities incurred under the provisions of this section shall be subject to the following
limitations:
1. No liability shall be incurred against the monies authorized without the approval of the governor, or
the adjutant general pursuant to section 26-303, subsection H, for each contingency or emergency.
2. Incurring of liabilities in excess of two hundred thousand dollars in any single disaster or emergency
shall not be made without consent of a majority of the members of the state emergency council.


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3. The aggregate amount of all liabilities incurred under the provisions of this section shall not exceed
four million dollars for any fiscal year beginning July 1 through June 30. Monies authorized for
disasters and emergencies in prior fiscal years may be used in subsequent fiscal years only for the
disaster or emergency for which they were authorized. Monies authorized for disasters and emergencies
in prior fiscal years, and expended in subsequent fiscal years for the disaster or emergency for which
they were authorized, apply toward the four million dollar liability limit for the fiscal year in which they
were authorized.
4. An obligation of monies under the provisions of this section may be made only when one or more of
the following conditions exist:
(a) No appropriation or other authorization is available to meet the contingency or emergency.
(b) An appropriation is insufficient to meet the contingency or emergency.
(c) Federal monies available for such contingency or emergency require the use of state or other public
monies.
G. The director of the division of emergency management in the department of emergency and military
affairs shall develop rules for administering the monies authorized for liabilities under this section,
subject to approval by the governor.

35-192.01. Reimbursement procedures
A. Political subdivisions may apply to the state director of emergency management for reimbursement
of necessary expenses incurred in search or rescue operations, not including purchase of equipment or
facilities, under section 35-192, subsection C subject to the following limitations:
1. Not to exceed fifty per cent of the first one thousand dollars or less of such expenditures in any fiscal
year.
2. Not to exceed seventy-five per cent of all such expenditures in excess of one thousand dollars up to
twenty-one thousand dollars in any fiscal year.
3. One hundred per cent of expenditures in excess of twenty-one thousand dollars in any fiscal year.
B. A department of the state which expends funds for search or rescue operations in an amount in
excess of that provided for in the regular appropriation and when directed to do so by the governor or
state director of emergency management may apply for reimbursement of such excess expenditures to
the state director of emergency management under the provisions of section 35-192.
C. The director of emergency management shall adopt with the approval of the governor rules
concerning such reimbursement.

35-192.02. Travel advances; administration; reimbursement
A. A budget unit shall record travel advances for state employees in the appropriate account as
prescribed by procedures established by the department of administration.
B. If travel advances made to an employee are not reimbursed in a timely manner, the department of
administration may deduct such advances from any salary or wages or travel expense reimbursement
due to the employee or may take any other action necessary to effect reimbursement.


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35-193. Revolving funds
A. The supervisory official of a budget unit may apply to the department of administration to provide a
revolving fund in an amount which will allow the budget unit to pay operating expense items under
procedures prescribed by the department of administration.
B. The application for a revolving fund shall state the purposes for which required, the amount deemed
necessary, the particular person who shall have custody of and be charged with the handling and
accounting of the fund and the appropriation or other fund to which the revolving fund is to be charged.
C. The department of administration shall review the application as to purpose and reasonableness of
amount requested and if acceptable may draw a warrant to the order of the officer applying therefor, and
charge the amount thereof against the appropriation or other fund of that budget unit as requested. The
department shall not approve an amount of more than fifty thousand dollars for a budget unit without
approval of the joint legislative budget committee.
D. The manner of accounting for a revolving fund shall be as prescribed by the director of the
department of administration. A revolving fund established under this section does not revert to the state
general fund at the end of the fiscal year.
E. At the request of the director of the department of administration, the applicant shall return to the
state treasurer the full amount of the revolving fund or amount requested and no claims for services of
the officer applying therefor or the head of the budget unit shall be paid until such request has been
complied with.

35-193.01. Office for excellence in government fund; appropriation; payments; reversion
A. An office for excellence in government fund is established consisting of monies paid to the office
from state agencies pursuant to subsection C of this section. The office for excellence in government
established by governor's executive order shall administer the fund. The services covered by this fund
include training programs, institutional materials and other administrative or management services.
B. The monies in the fund are subject to annual legislative appropriation.
C. The director of the office for excellence in government shall establish procedures regarding the time
and manner in which payments are made into the fund by the state agencies.
D. At the end of each fiscal year amounts of more than fifty thousand dollars in the office for excellence
in government fund revert to the state general fund.

35-193.02. Special services revolving fund; contents; administration; annual excess reversion
A. There is established a permanent revolving fund to be known as the department of administration
special services revolving fund. The services covered by this fund shall include office supplies, office
services, printing and other administrative or management services. Payments into the fund shall be
made by state agencies which have been appropriated monies for the purpose of paying for services
performed by the department of administration for other state agencies or to be performed by the
department and for such other purposes as may be designated by the legislature. That portion of the
monies in the fund used by the department of administration to administer the central office
management for self-supporting regulatory agencies is subject to legislative appropriation. The amount

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of payments by the agencies shall not exceed the amounts budgeted to the agencies for such designated
purposes.
B. The monies shall be expended only on authorization of the director of the department of
administration.
C. The director shall adopt rules regarding the time and manner in which payment shall be made into the
fund by the state agencies to which appropriations are made in accordance with subsection A.
D. Any amounts in excess of two hundred fifty thousand dollars in the revolving fund at the close of the
fiscal year shall revert to the state general fund.

35-196. Illegal withholding or expenditure of state monies; civil liability
Any state officer or employee who illegally withholds, expends or otherwise converts any state money
to an unauthorized purpose shall be liable, either individually or on his bond, for the amount of such
money, plus a penal sum of twenty per cent thereof, and an action may be instituted by the director of
the department of administration or the attorney general immediately upon the discovery thereof.

35-196.01. Expenditure of state monies for certain purposes
A. A budget unit shall not spend any appropriated monies for either of the following unless monies are
appropriated for the specific purpose:
1. Transportation or other travel expenses necessary for bringing any person into this state who is not a
resident of this state for an interview for prospective employment.
2. Transportation or moving expenses for any person newly employed or retained.
B. A budget unit may spend monies to reimburse current employees for reasonable relocation expenses
related to management initiated geographical reassignments of more than fifty miles from an employee's
current work site pursuant to rules adopted by the director of the department of administration.
35-196.02. Use of public funds for abortion prohibited; exception
Notwithstanding any provisions of law to the contrary, no public funds nor tax monies of this state or
any political subdivision of this state nor any federal funds passing through the state treasury or the
treasury of any political subdivision of this state may be expended for payment to any person or entity
for the performance of any abortion unless an abortion is necessary to save the life of the woman having
the abortion.

35-196.03. Refunds for invalid tax laws; appropriation required
Notwithstanding any provision of law to the contrary, no monies may be paid from the state treasury to
refund monies collected under a law imposing a tax if the law is declared invalid by a final judgment of
a court of competent jurisdiction until the legislature has made a specific appropriation for that purpose
after the judgment has become final.

35-197. Violations; classification
Any officer, agent or employee of the state who knowingly fails or refuses to comply with any of the
provisions of this chapter is guilty of a class 1 misdemeanor.

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Article 6 - Recovery of State Monies Illegally Paid
35-211. Approval, allowance or payment of unauthorized claim; liability of parties; penalty
When any person who is obligated to approve, audit, allow or pay claims or demands upon the state,
approves, audits, allows or pays, or consents to, or connives at, approving, auditing, allowing or paying
a claim or demand against the state not authorized by law, such person, and the person in whose favor
the claim or demand was made, shall be liable for any funds procured in such manner, plus twenty per
cent of such amount and legal interest upon the amount paid from date of payment.

35-212. Injunctive and civil remedies; definition
A. The attorney general in his discretion may bring an action in the name of the state to enjoin the illegal
payment of public monies, including violations of section 11-952 and title 41, chapter 23, or if the
monies have been paid, to recover such monies plus twenty per cent of such amount together with
interest and costs, including reasonable attorney fees, to be paid to the state treasurer or other
appropriate official to the credit of the fund from which the payment was made.
B. As used in this section "public monies" includes all monies coming into the lawful possession,
custody or control of state agencies, boards, commissions or departments or a state officer, employee or
agent in his official capacity, irrespective of the source from which, or the manner in which, the monies
are received.




35-213. Failure of attorney general to bring action; action by taxpayer; bond; amount of recovery
and attorney fees
A. If for sixty days after request made by a taxpayer of the state in writing, the attorney general fails to
institute an action as provided in section 35-212, any taxpayer of the state may institute the action in his
own name and at his own cost with the same effect as if brought by the attorney general.
B. The person instituting the action shall execute a bond payable to the defendant in the action,
conditioned that the plaintiff will prosecute the action with diligence and finality or will pay all damages
sustained by the defendant by reason of the action and all costs incurred therein.
C. If the taxpayer prevails in the action, the court shall allow him costs and reasonable attorney's fees,
not to exceed forty per cent of the amount recovered or saved to the state, as the case may be.

35-214. Inspection and audit of contract provisions
A. Except as provided in subsection C, in all contracts and subcontracts for the furnishing of goods,
equipment, labor, materials or services to the state, or any of its agencies, boards, commissions or
departments, there shall be a provision that all books, accounts, reports, files and other records relating
to the contract shall be subject at all reasonable times to inspection and audit by the state for five years


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after completion of the contract. The contract provision shall also require that such records be produced
at such state offices as designated by the state in the contract.
B. Nothing in subsection A shall preclude a more stringent audit requirement agreed to by the parties in
any state contract, and no rule of procedure shall limit the authority of the state to exercise its rights
under this section.
C. This section does not apply to contracts or subcontracts for the furnishing of goods, equipment,
materials or services to any agency, board, commission or department of this state by another agency,
board, commission or department of this state or a political subdivision of this state.

35-215. Influencing, obstructing or impairing audit; classification
A person who, with intent to defraud, or deceive, improperly influences, obstructs or impairs an audit
being conducted or about to be conducted in relation to any contract or subcontract with the state is
guilty of a class 5 felony.




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Title 36 CHAPTER 21.1 - EMERGENCY MEDICAL SERVICES

Article 1 - General Provisions
36-2201. Definitions
In this chapter, unless the context otherwise requires:
1. "Administrative medical direction" means supervision of certified emergency medical technicians by
a base hospital medical director, administrative medical director or basic life support medical director.
For the purposes of this paragraph, "administrative medical director" means a physician who is licensed
pursuant to title 32, chapter 13 or 17 and who provides direction within the emergency medical services
system.
2. "Advanced life support base hospital" means a health care institution that offers general medical and
surgical services, that is certified by the director as an advanced life support base hospital and that is
affiliated by written agreement with a licensed ambulance service, municipal rescue service, fire
department, fire district or health services district for medical direction, evaluation and control of
emergency medical technicians.
3. "Ambulance" means any publicly or privately owned surface, water or air vehicle, including a
helicopter, that contains a stretcher and necessary medical equipment and supplies pursuant to section
36-2202 and that is especially designed and constructed or modified and equipped to be used,
maintained or operated primarily for the transportation of individuals who are sick, injured or wounded
or who require medical monitoring or aid. Ambulance does not include a surface vehicle that is owned
and operated by a private sole proprietor, partnership, private corporation or municipal corporation for
the emergency transportation and in-transit care of its employees or a vehicle that is operated to
accommodate an incapacitated or disabled person who does not require medical monitoring, care or
treatment during transport and that is not advertised as having medical equipment and supplies or
ambulance attendants.
4. "Ambulance attendant" means any of the following:
(a) A certified emergency medical technician whose primary responsibility is the care of patients in an
ambulance and who meets the standards and criteria adopted pursuant to section 36-2204.
(b) A first responder who is employed by an ambulance service operating under the provisions of
section 36-2202, whose primary responsibility is the driving of an ambulance.
(c) A physician who is licensed pursuant to title 32, chapter 13 or 17.
(d) A professional nurse who is licensed pursuant to title 32, chapter 15 and who meets the state board
of nursing criteria to care for patients in the prehospital care system.
(e) A professional nurse who is licensed pursuant to title 32, chapter 15 and whose primary
responsibility is the care of patients in an ambulance during an interfacility transport.
5. "Ambulance service" means a person who owns and operates one or more ambulances.
6. "Basic emergency medical technician" means a person who has been trained in specific emergency
care in a basic emergency medical technician program certified by the director or in an equivalent
training program and who is certified by the director as qualified to render services pursuant to section
36-2205.

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7. "Centralized medical direction communications center" means a facility that is housed within a
hospital, medical center or trauma center or a freestanding communication center that meets the
following criteria:
(a) Has the ability to communicate with ambulance services and emergency medical services providers
rendering patient care outside of the hospital setting via radio and telephone.
(b) Is staffed twenty-four hours a day seven days a week by at least a physician licensed pursuant to title
32, chapter 13 or 17.
8. "Certificate of necessity" means a certificate that is issued to an ambulance service by the department
and that describes the following:
(a) Service area.
(b) Level of service.
(c) Type of service.
(d) Hours of operation.
(e) Effective date.
(f) Expiration date.
(g) Legal name and address of the ambulance service.
(h) Any limiting or special provisions the director prescribes.
9. "Certified emergency medical technician" means an individual who has been certified by the
department as a basic emergency medical technician, an intermediate emergency medical technician or
an emergency paramedic.
10. "Council" means the emergency medical services council.
11. "Department" means the department of health services.
12. "Director" means the director of the department of health services.
13. "Division" means the division of emergency medical services within the department.
14. "Emergency medical services" means those services required following an accident or an emergency
medical situation:
(a) For on-site emergency medical care.
(b) For the transportation of the sick or injured by a licensed ground or air ambulance.
(c) In the use of emergency communications media.
(d) In the use of emergency receiving facilities.
(e) In administering initial care and preliminary treatment procedures by certified emergency medical
technicians.
15. "Emergency medical services provider" means any governmental entity, quasi-governmental entity
or corporation whether public or private that renders emergency medical services in this state.
16. "Emergency paramedic" or "paramedic" means a person who has been trained in an emergency
paramedic training program certified by the director or in an equivalent training program and who is
certified by the director to render services pursuant to section 36-2205.
17. "Emergency receiving facility" means a licensed health care institution that offers emergency
medical services, is staffed twenty-four hours a day and has a physician on call.


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18. "First responder" as an ambulance attendant means a person who has been trained under the
supervision of a qualified first responder instructor, who provides patient care and treatment in
accordance with the United States department of transportation first responder curriculum and who
meets all of the following requirements:
(a) Has successfully completed the United States department of transportation first responder national
standard curriculum course.
(b) Has successfully completed the national registry first responder examination and has submitted
proof of this fact to the person's current employer.
(c) Successfully completes the United States department of transportation first responder refresher
national standard curriculum at least once every two years.
19. "Fit and proper" means that the director determines that an applicant for a certificate of necessity or
a certificate holder has the expertise, integrity, fiscal competence and resources to provide ambulance
service in the service area.
20. "Intermediate emergency medical technician" means a person who has been trained in an
intermediate emergency medical technician program certified by the director or in an equivalent training
program and who is certified by the director to render services pursuant to section 36-2205.
21. "Medical record" means any patient record including clinical records, prehospital care records,
medical reports, laboratory reports and statements, any file, film, record or report or oral statements
relating to diagnostic findings, treatment or outcome of patients, whether written or recorded, and any
information from which a patient or the patient's family might be identified.
22. "Physician" means any person licensed under the provisions of title 32, chapter 13 or 17.
23. "Qualified first responder instructor" means a person tested and certified as a first responder
instructor by the American red cross or the national safety council or an equivalent organization.
24. "Stretcher van" means a vehicle that contains a stretcher and that is operated to accommodate an
incapacitated or disabled person who does not require medical monitoring, aid, care or treatment during
transport.
25. "Suboperation station" means a physical facility or location at which an ambulance service conducts
operations for the dispatch of ambulances and personnel and that may be staffed twenty-four hours a day
or less as determined by system use.
26. "Trauma center" means any acute care hospital that provides in-house twenty-four hour daily
dedicated trauma surgical services.
27. "Trauma registry" means data collected by the department on trauma patients and on the incidence,
causes, severity, outcomes and operation of a trauma system and its components.
28. "Trauma system" means an integrated and organized arrangement of health care resources having
the specific capability to perform triage, transport and provide care.
29. "Wheelchair van" means a vehicle that contains or that is designed and constructed or modified to
contain a wheelchair and that is operated to accommodate an incapacitated or disabled person who does
not require medical monitoring, aid, care or treatment during transport.

36-2208. Division of emergency medical services

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A. There is established within the department a division of emergency medical services which is
responsible for coordinating, establishing and administering a statewide system of emergency medical
services, trauma care and a trauma registry.
B. This chapter shall not be construed to prevent any individual, law enforcement officer, public agency
or member of a city, town, fire district or volunteer fire department from rendering on-site emergency
medical care or, if, in terms of the existing medical situation, it is deemed not advisable to await the
arrival of an ambulance, from transporting emergency medical patients to a hospital or an emergency
receiving facility, except that if any patient objects on religious grounds, such patient shall not be
administered any medical treatment or be transported to a hospital or an emergency receiving facility.
C. The director shall develop an annual statewide emergency medical and trauma services plan and
submit such plan to the council for review and approval. The statewide plan shall then be submitted to
the governor for final adoption. Prior to the submission of the plan to the governor, the director shall
accept comments from the authorized local agencies as defined in section 36-401 and governmental
entities.
D. A local emergency medical services coordinating system shall develop a regional emergency medical
services plan that shall include a needs assessment and submit the plan to the director and to the
authorized local agencies within the area. The regional plans shall be integrated into the statewide plan
by the department.
E. The state plan shall contain a budget component for funding local and state emergency medical
services systems from the emergency medical services operating fund established pursuant to section
36-2218 based on the needs assessment of the local emergency medical services coordinating system
plans. The components shall be included in the department's budget through the normal appropriation
process.

36-2209. Powers and duties of the director
A. The director shall:
1. Appoint, define the duties and prescribe the terms and conditions of employment of all employees of
the division.
2. Adopt rules necessary for the operation of the division and for carrying out the purposes of this
chapter.
3. Cooperate with and assist the personnel of emergency receiving facilities and other health care
institutions in preparing a plan to be followed by such facilities and institutions in the event of a major
disaster.
4. Cooperate with the state director of emergency management when a state of emergency or a state of
war emergency has been declared by the governor.
B. The director may:
1. Request the cooperation of utilities, communications media and public and private agencies to aid
and assist in the implementation and maintenance of a statewide emergency medical services system.
2. Enter into contracts and agreements with any local governmental entity, agency, facility or group
which provides a similar program of emergency medical services in a contiguous state.

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3. Enter into contracts and agreements for the acquisition and purchase of any equipment, tools,
supplies, materials and services necessary in the administration of this chapter.
4. Enter into contracts with emergency receiving facilities, governmental entities, emergency rescue
services and ambulance services, and the director may establish emergency medical services, including
emergency receiving facilities, if necessary to assure the availability and quality of such services.
5. Accept and expend federal funds and private grants, gifts, contributions and devises to assist in
carrying out the purposes of this chapter. These funds do not revert to the state general fund at the close
of a fiscal year.
6. Establish an emergency medical services notification system which utilizes existing telephone
communications networks.
7. Contract with private telephone companies for the establishment of a statewide emergency reporting
telephone number.
8. Authorize the testing entity to collect fees determined by the director. In determining fees for testing
entities the director shall consider the fees required by the national registry of emergency medical
technicians.

36-2210. Local emergency medical services coordinating systems
The department shall contract with a local emergency medical services coordinating system which:
1. Conducts needs assessments and plans and coordinates a regional emergency medical and trauma
services system within a designated planning area.
2. Has a governing board.
3. Demonstrates continued support annually by action of the governing bodies of the counties, cities,
towns and fire districts within the planning area representing a majority of the total population of the
area. For the purposes of this paragraph, the county represents the unincorporated areas of the county,
except fire districts.
4. Offers emergency medical programs for the effective and coordinated delivery of emergency health
care services if authorized by its governing board.




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ARS Title 40 CHAPTER 1 - CORPORATION COMMISSION
Article 10 - Pipeline Safety 40-441 - Commission safety regulations, rules and orders; definitions 40-
442 - Civil penalty for violation; deduction; other remedies 40-443 - Pipeline safety revolving fund

40-441. Commission safety regulations, rules and orders; definitions
A. For the purpose of providing state control over safety standards and practices applicable to the
transportation of gas and hazardous liquids and gas and hazardous liquids pipeline facilities within the
state to the full extent permissible under the federal natural gas pipeline safety act of 1968, as amended,
and the hazardous liquid pipeline safety act of 1979, as amended, the commission shall be vested with
the authority to prescribe and adopt by regulation, rule or order appropriate safety standards for all such
transportation of gas and hazardous liquids and gas and hazardous liquids pipeline facilities, including
both privately owned and public, which are not subject to exclusive federal control. Upon the adoption
of such regulations, rules or orders, the commission shall from time to time make certifications and
reports and take any other necessary action in accordance with section 5(a) of the federal natural gas
pipeline safety act of 1968, as amended, and section 205(a) of the federal hazardous liquid pipeline
safety act of 1979, as amended.
B. All terms used in this article which are defined in the federal natural gas pipeline safety act of 1968,
as amended, and the hazardous liquid pipeline safety act of 1979, as amended, shall have the definitions
set forth in such act.

40-442. Civil penalty for violation; deduction; other remedies
A. Any person, firm or corporation that violates any provision of this article or any rule or order adopted
pursuant to this article pertaining to the safety of the transportation of gas and hazardous liquids and
pipeline facilities shall be subject to a civil penalty of not to exceed ten thousand dollars for each
violation with each day constituting a separate violation. In no event shall the maximum civil penalty
exceed five hundred thousand dollars for any related series of violations.
B. Any civil penalty pertaining to gas and hazardous liquid pipeline safety may be compromised by the
commission. In determining the amount of the penalty, or the amount agreed upon in compromise, the
appropriateness of the penalty to the size of the business of the person, firm or corporation charged, the
gravity of the violation and the good faith of the person, firm or corporation charged in attempting to
achieve compliance, after notification of a violation, shall be considered. The amount of the penalty,
when finally determined, or the amount agreed upon in compromise, may be deducted from any sums
owing by the state to the person, firm or corporation charged or may be recovered in a civil action in the
superior court of this state.
C. The commission may avail itself of any other authority or remedies available under the Constitution
of Arizona and this chapter to effect the purpose of this article, including the provisions of article 9 of
this chapter.

40-443. Pipeline safety revolving fund


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A. There is established a pipeline safety revolving fund consisting of all monies collected from civil
penalties assessed pursuant to this article and any other fine collected by the commission in enforcing
this article and rules and regulations relating to pipeline safety.
B. Subject to legislative appropriation, monies in the fund shall be used for the purpose of meeting
expenses and paying costs associated with gas and hazardous liquids and gas and hazardous liquids
pipeline facilities safety, including public education, training, purchasing equipment, inspecting for
leaks and other hazards, reviewing pipeline plans, installation and operation and any other activity of the
commission under this article.
C. The monies in the fund are exempt from section 35-190 relating to lapsing of appropriations.




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ARS Title 40 CHAPTER 4 - RAILROADS
Article 1 - Organization, General Powers and Duties
40-801. Stock subscription required to form railroad corporation
When capital stock of at least one thousand dollars for each mile of a proposed railroad is subscribed by
not fewer than five persons who are citizens of the United States, the subscribers, in person or by proxy,
may adopt articles of incorporation for the formation of a corporation to construct, own and maintain a
railroad, and elect from among themselves not fewer than five nor more than thirteen directors to
constitute the first board.




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ARS Title 41 CHAPTER 12 - PUBLIC SAFETY

Article 3 - Division of Arizona Highway Patrol
41-1741. Arizona highway patrol; employees; authority; compensation
A. The department shall maintain a division known as the Arizona highway patrol.
B. The division shall be composed of a patrol superintendent, patrolmen, and clerical and technical
assistants as designated by the director.
C. The patrol superintendent and patrolmen are vested with the authority of peace officers, primarily for
the purpose of enforcing laws relating to the use of highways and operation of vehicles thereon.
D. The compensation of employees of the division shall be determined by the director, and shall,
together with expenses of the division, be budgeted and paid from the state highway fund.
E. This division shall also consist of the following sections:
1. Communications.
2. Criminal identification.

41-1742. Powers of the division
A. The highway patrol division superintendent may:
1. Adopt rules and regulations governing the policy, procedure and administration of all activities of the
patrol.
2. Provide for training the patrolmen.
3. Cause signs to be erected and maintained as are necessary to give notice of any special restrictions.
4. Cooperate with the department of transportation and the Arizona department of agriculture in the
enforcement of laws relating to motor vehicles.
B. The director of the department of transportation may grant authority to the highway patrol division
superintendent to fix temporary speed limits or apply other temporary restrictions when emergency
conditions exist. The director of the department of transportation may fix such speed limits, or apply
such restrictions when congested traffic or other conditions require restrictions for public safety.
C. The division shall issue to each member of the patrol a badge of authority, with the words "Arizona
highway patrol" encircling the badge, the seal of the state in the center thereof and with the designation
of the office or rank of the holder below.

41-1743. Duties of highway patrol
The highway patrol shall patrol the highways of the state, both day and night, and enforce the laws of
the state. The highway patrol shall also investigate accidents which occur upon the highways, procure
the names of drivers and descriptions and license numbers of the motor vehicles involved and transmit
forthwith to the vehicle superintendent a copy of the report of the investigation.

41-1743.01. Use in emergencies when ordered by governor; assistance to cities and counties
A. When the governor proclaims an emergency wherein he deems it necessary to protect life or
property, he may order the Arizona highway patrol to provide whatever specific emergency services are

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necessary. The order directing the superintendent and the Arizona highway patrol shall state the specific
purpose or purposes for which it is being utilized and the specific objectives to be accomplished.
B. If a county or municipality requires aid to protect life or property, there shall be submitted to the
governor a request for such aid setting forth the particular object be accomplished and the area affected.
C. The authority granted in this section is supplemental to and is to be coordinated with the authority
granted to the governor under section 26-172.
D. Upon approval by the governor, the highway patrol shall provide police security on or in the
immediate vicinity of any state property at the request of the agency in need of such security. An agency
in need of such security shall reimburse the highway patrol fund for the services of the personnel
involved from such funds as may be available to such agency, and within the budget limitation of the
Arizona highway patrol.

41-1749. Communications section; duties
A. The communications section may install and operate all means of communications, including a
police radio broadcasting system, which shall be best suited for the dissemination of information with
regard to the apprehension of violators of the law and for the coordination of the activities and functions
of the law enforcement agencies of the state, counties, cities or towns. It shall cooperate with county and
municipal police authorities and with police radio stations in this state and in other states.
B. The communications section shall be responsible for the installation and operation of all computers
and data processing equipment, and the design and development of all procedures and computer
programs for information processing and tele-communications, to serve all divisions of the department.
C. The communications section shall provide for the rapid exchange of information, concerning the
commission of crimes and the detection of violators of the law, between the law enforcement agencies
of this state, its counties and municipalities and other states and the federal government.

41-1750. Central state repository; department of public safety; duties; funds; accounts;
definitions
A. Notwithstanding section 41-2205, the department is responsible for the effective operation of the
central state repository in order to collect, store and disseminate complete and accurate Arizona criminal
history records and related criminal justice information. The department shall:
1. Procure from all criminal justice agencies in this state accurate and complete personal identification
data, fingerprints, charges, process control numbers and dispositions and such other information as may
be pertinent to all persons who have been charged with, arrested for, convicted of or summoned to court
as a criminal defendant for a felony offense or an offense involving domestic violence as defined in
section 13-3601 or a violation of title 13, chapter 14 or title 28, chapter 4.
2. Collect information concerning the number and nature of offenses known to have been committed in
this state and of the legal steps taken in connection with these offenses, such other information that is
useful in the study of crime and in the administration of criminal justice and all other information
deemed necessary to operate the statewide uniform crime reporting program and to cooperate with the
federal government uniform crime reporting program.

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3. Collect information concerning criminal offenses that manifest evidence of prejudice based on race,
color, religion, national origin, sexual orientation, gender or disability.
4. Cooperate with the central state repositories in other states and with the appropriate agency of the
federal government in the exchange of information pertinent to violators of the law.
5. Ensure the rapid exchange of information concerning the commission of crime and the detection of
violators of the law among the criminal justice agencies of other states and of the federal government.
6. Furnish assistance to peace officers throughout this state in crime scene investigation for the detection
of latent fingerprints and in the comparison of latent fingerprints.
7. Conduct periodic operational audits of the central state repository and of a representative sample of
other agencies that contribute records to or receive criminal justice information from the central state
repository or through the Arizona criminal justice information system.
8. Establish and enforce the necessary physical and system safeguards to ensure that the criminal justice
information maintained and disseminated by the central state repository or through the Arizona criminal
justice information system is appropriately protected from unauthorized inquiry, modification,
destruction or dissemination as required by this section.
9. Aid and encourage coordination and cooperation among criminal justice agencies through the
statewide and interstate exchange of criminal justice information.
10. Provide training and proficiency testing on the use of criminal justice information to agencies
receiving information from the central state repository or through the Arizona criminal justice
information system.
11. Operate and maintain the Arizona automated fingerprint identification system established pursuant
to section 41-2411.
12. Provide criminal history record information to the fingerprinting division for the purpose of
screening applicants for fingerprint clearance cards.
B. The director may establish guidelines for the submission and retention of criminal justice information
as deemed useful for the study or prevention of crime and for the administration of criminal justice.
C. The chief officers of criminal justice agencies of this state or its political subdivisions shall provide
to the central state repository fingerprints and information concerning personal identification data,
descriptions, crimes for which persons are arrested, process control numbers and dispositions and such
other information as may be pertinent to all persons who have been charged with, arrested for, convicted
of or summoned to court as criminal defendants for felony offenses or offenses involving domestic
violence as defined in section 13-3601 or violations of title 13, chapter 14 or title 28, chapter 4 that have
occurred in this state.
D. The chief officers of law enforcement agencies of this state or its political subdivisions shall provide
to the central state repository such information as necessary to operate the statewide uniform crime
reporting program and to cooperate with the federal government uniform crime reporting program.
E. The chief officers of criminal justice agencies of this state or its political subdivisions shall comply
with the training and proficiency testing guidelines as required by the department to comply with the
federal national crime information center mandates.


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F. The chief officers of criminal justice agencies of this state or its political subdivisions also shall
provide to the criminal identification section information concerning crimes that manifest evidence of
prejudice based on race, color, religion, national origin, sexual orientation, gender or disability.
G. The director shall authorize the exchange of criminal justice information between the central state
repository, or through the Arizona criminal justice information system, whether directly or through any
intermediary, only as follows:
1. With criminal justice agencies of the federal government, Indian tribes, this state or its political
subdivisions and other states, upon request by the chief officers of such agencies or their designated
representatives, specifically for the purposes of the administration of criminal justice and for evaluating
the fitness of current and prospective criminal justice employees.
2. With any noncriminal justice agency pursuant to a statute, ordinance or executive order that
specifically authorizes the noncriminal justice agency to receive criminal history record information for
the purpose of evaluating the fitness of current or prospective licensees, employees, contract employees
or volunteers, on submission of the subject's fingerprints and the prescribed fee. Each statute, ordinance,
or executive order that authorizes noncriminal justice agencies to receive criminal history record
information for these purposes shall identify the specific categories of licensees, employees, contract
employees or volunteers, and shall require that fingerprints of the specified individuals be submitted in
conjunction with such requests for criminal history record information.
3. With the board of fingerprinting for the purpose of conducting good cause exceptions pursuant to
section 41-619.55.
4. With any individual for any lawful purpose on submission of the subject of record's fingerprints and
the prescribed fee.
5. With the governor, if the governor elects to become actively involved in the investigation of criminal
activity or the administration of criminal justice in accordance with the governor's constitutional duty to
ensure that the laws are faithfully executed or as needed to carry out the other responsibilities of the
governor's office.
6. With regional computer centers that maintain authorized computer-to-computer interfaces with the
department, that are criminal justice agencies or under the management control of a criminal justice
agency and that are established by a statute, ordinance or executive order to provide automated data
processing services to criminal justice agencies specifically for the purposes of the administration of
criminal justice or evaluating the fitness of regional computer center employees who have access to the
Arizona criminal justice information system and the national crime information center system.
7. With an individual who asserts a belief that criminal history record information relating to the
individual is maintained by an agency or in an information system in this state that is subject to this
section. On submission of fingerprints, the individual may review this information for the purpose of
determining its accuracy and completeness by making application to the agency operating the system.
Rules adopted under this section shall include provisions for administrative review and necessary
correction of any inaccurate or incomplete information. The review and challenge process authorized by
this paragraph is limited to criminal history record information.


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8. With individuals and agencies pursuant to a specific agreement with a criminal justice agency to
provide services required for the administration of criminal justice pursuant to that agreement if the
agreement specifically authorizes access to data, limits the use of data to purposes for which given and
ensures the security and confidentiality of the data consistent with the provisions of this section.
9. With individuals and agencies for the express purpose of research, evaluative or statistical activities
pursuant to an agreement with a criminal justice agency if the agreement specifically authorizes access
to data, limits the use of data to research, evaluative or statistical purposes and ensures the
confidentiality and security of the data consistent with this section.
10. With the auditor general for audit purposes.
11. With central state repositories of other states for noncriminal justice purposes for dissemination in
accordance with the laws of those states.
12. On submission of the fingerprint card, with the department of economic security to provide criminal
history record information on prospective adoptive parents for the purpose of conducting the
preadoption certification investigation under title 8, chapter 1, article 1 if the department of economic
security is conducting the investigation, or with an agency or a person appointed by the court, if the
agency or person is conducting the investigation. Information received under this paragraph shall only
be used for the purposes of the preadoption certification investigation.
13. With the department of economic security and the superior court for the purpose of evaluating the
fitness of custodians or prospective custodians of juveniles including parents, relatives and prospective
guardians. Information received under this paragraph shall only be used for the purposes of that
evaluation. The information shall be provided on submission of either:
(a) The fingerprint card.
(b) The name, date of birth and social security number of the person.
14. On submission of a fingerprint card, provide criminal history record information to the superior
court for the purpose of evaluating the fitness of investigators appointed under section 14-5303 or 14-
5407, or guardians appointed under section 14-5206.
15. With the supreme court to provide criminal history record information on prospective private
fiduciaries pursuant to section 14-5651.
16. With the department of juvenile corrections to provide criminal history record information pursuant
to section 41-2814.
17. On submission of the fingerprint card, provide criminal history record information to the Arizona
peace officer standards and training board or a board certified law enforcement academy to evaluate the
fitness of prospective cadets.
18. With the internet sex offender web site database established pursuant to section 13-3827.
19. With the state board of education for the purpose of evaluating the fitness of a certificated teacher or
administrator or an applicant for a teaching or an administrative certificate provided that the state board
of education or its employees or agents have reasonable suspicion that the certificated person engaged in
conduct that would be a criminal violation of the laws of this state or was involved in immoral or
unprofessional conduct or that the applicant engaged in conduct that would warrant disciplinary action if


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the applicant were certificated at the time of the alleged conduct. The information shall be provided on
the submission of either:
(a) The fingerprint card.
(b) The name, date of birth and social security number of the person.
H. The director shall adopt rules necessary to execute the provisions of this section.
I. The director, in the manner prescribed by law, shall remove and destroy records that the director
determines are no longer of value in the detection or prevention of crime.
J. The director shall establish a fee in an amount necessary to cover the cost of federal noncriminal
justice fingerprint processing for criminal history record information checks that are authorized by law
for noncriminal justice employment, licensing or other lawful purposes. An additional fee may be
charged by the department for state noncriminal justice fingerprint processing. Fees submitted to the
department for state noncriminal justice fingerprint processing are not refundable.
K. The director shall establish a fee in an amount necessary to cover the cost of processing copies of
department reports, eight by ten inch black and white photographs or eight by ten inch color
photographs of traffic accident scenes.
L. Except as provided in subsection O of this section, each agency authorized by this section may charge
a fee, in addition to any other fees prescribed by law, in an amount necessary to cover the cost of state
and federal noncriminal justice fingerprint processing for criminal history record information checks
that are authorized by law for noncriminal justice employment, licensing or other lawful purposes.
M. A fingerprint account within the records processing fund is established for the purpose of separately
accounting for the collection and payment of fees for noncriminal justice fingerprint processing by the
department. Monies collected for this purpose shall be credited to the account, and payments by the
department to the United States for federal noncriminal justice fingerprint processing shall be charged
against the account. Monies in the account not required for payment to the United States shall be used
by the department in support of the department's noncriminal justice fingerprint processing duties. At
the end of each fiscal year, any balance in the account not required for payment to the United States or
to support the department's noncriminal justice fingerprint processing duties reverts to the state general
fund.
N. A records processing fund is established for the purpose of separately accounting for the collection
and payment of fees for department reports and photographs of traffic accident scenes processed by the
department. Monies collected for this purpose shall be credited to the fund and shall be used by the
department in support of functions related to providing copies of department reports and photographs.
At the end of each fiscal year, any balance in the fund not required for support of the functions related to
providing copies of department reports and photographs reverts to the state general fund.
O. The department of economic security may pay from appropriated monies the cost of federal
fingerprint processing or federal criminal history record information checks that are authorized by law
for employees and volunteers of the department, guardians pursuant to section 46-134, subsection A,
paragraph 15, the licensing of foster parents or the certification of adoptive parents.
P. The director shall adopt rules that provide for:
1. The collection and disposition of fees pursuant to this section.

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2. The refusal of service to those agencies that are delinquent in paying these fees.
Q. The director shall ensure that the following limitations are observed regarding dissemination of
criminal justice information obtained from the central state repository or through the Arizona criminal
justice information system:
1. Any criminal justice agency that obtains criminal justice information from the central state repository
or through the Arizona criminal justice information system assumes responsibility for the security of the
information and shall not secondarily disseminate this information to any individual or agency not
authorized to receive this information directly from the central state repository or originating agency.
2. Dissemination to an authorized agency or individual may be accomplished by a criminal justice
agency only if the dissemination is for criminal justice purposes in connection with the prescribed duties
of the agency and not in violation of this section.
3. Criminal history record information disseminated to noncriminal justice agencies or to individuals
shall be used only for the purposes for which it was given. Secondary dissemination is prohibited unless
otherwise authorized by law.
4. The existence or nonexistence of criminal history record information shall not be confirmed to any
individual or agency not authorized to receive the information itself.
5. Criminal history record information to be released for noncriminal justice purposes to agencies of
other states shall only be released to the central state repositories of those states for dissemination in
accordance with the laws of those states.
6. Criminal history record information shall be released to noncriminal justice agencies of the federal
government pursuant to the terms of the federal security clearance information act (P.L. 99-169).
R. This section and the rules adopted under this section apply to all agencies and individuals collecting,
storing or disseminating criminal justice information processed by manual or automated operations if
the collection, storage or dissemination is funded in whole or in part with monies made available by the
law enforcement assistance administration after July 1, 1973, pursuant to title I of the crime control act
of 1973, and to all agencies that interact with or receive criminal justice information from or through the
central state repository and through the Arizona criminal justice information system.
S. This section does not apply to criminal history record information contained in:
1. Posters, arrest warrants, announcements or lists for identifying or apprehending fugitives or wanted
persons.
2. Original records of entry such as police blotters maintained by criminal justice agencies, compiled
chronologically and required by law or long-standing custom to be made public if these records are
organized on a chronological basis.
3. Transcripts or records of judicial proceedings if released by a court or legislative or administrative
proceedings.
4. Announcements of executive clemency or pardon.
5. Computer databases, other than the Arizona criminal justice information system, that are specifically
designed for community notification of an offender's presence in the community pursuant to section 13-
3825 or for public informational purposes authorized by section 13-3827.


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T. Nothing in this section prevents a criminal justice agency from disclosing to the public criminal
history record information that is reasonably contemporaneous to the event for which an individual is
currently within the criminal justice system, including information noted on traffic accident reports
concerning citations, blood alcohol tests, intoxilyzer tests or arrests made in connection with the traffic
accident being investigated.
U. In order to ensure that complete and accurate criminal history record information is maintained and
disseminated by the central state repository:
1. The arresting authority shall take legible fingerprints of all persons arrested for offenses specified in
subsection C of this section and, within ten days of the arrest, the arresting authority shall forward the
fingerprints to the department in the manner or form required by the department. On the issuance and
service of a summons for a defendant who is charged with a felony offense, a violation of title 13,
chapter 14 or title 28, chapter 4 or a domestic violence offense as defined in section 13-3601, the court
shall order that the defendant be fingerprinted by the appropriate law enforcement agency and that the
defendant appear at a designated time and place for fingerprinting. At the initial appearance or on the
arraignment of a summoned defendant who is charged with a felony offense, a violation of title 13,
chapter 14 or title 28, chapter 4 or a domestic violence offense as defined in section 13-3601, the court
shall order that the defendant be fingerprinted at a designated time and place by the appropriate law
enforcement agency if the court has reasonable cause to believe that the defendant was not previously
fingerprinted.
2. In every criminal case in which the defendant is incarcerated or fingerprinted as a result of the charge,
an originating law enforcement agency or prosecutor, within forty days of the disposition, shall advise
the central state repository of all dispositions concerning the termination of criminal proceedings against
an individual arrested for an offense specified in subsection C of this section. This information shall be
submitted on a form or in a manner required by the department.
3. Dispositions resulting from formal proceedings in a court having jurisdiction in a criminal action
against an individual who is arrested for an offense specified in subsection C of this section or section 8-
341, subsection R shall be reported to the central state repository within forty days of the date of the
disposition. This information shall be submitted on a form or in a manner specified by rules approved
by the supreme court.
4. The state department of corrections or the department of juvenile corrections, within forty days, shall
advise the central state repository that it has assumed supervision of a person convicted of an offense
specified in subsection C of this section or section 8-341, subsection R. The state department of
corrections or the department of juvenile corrections shall also report dispositions that occur thereafter
to the central state repository within forty days of the date of the dispositions. This information shall be
submitted on a form or in a manner required by the department of public safety.
5. Each criminal justice agency shall query the central state repository before dissemination of any
criminal history record information to ensure the completeness of the information. Inquiries shall be
made before any dissemination except in those cases in which time is of the essence and the repository
is technically incapable of responding within the necessary time period. If time is of the essence, the
inquiry shall still be made and the response shall be provided as soon as possible.

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V. The director shall adopt rules specifying that any agency that collects, stores or disseminates criminal
justice information that is subject to this section shall establish effective security measures to protect the
information from unauthorized access, disclosure, modification or dissemination. The rules shall
include reasonable safeguards to protect the affected information systems from fire, flood, wind, theft,
sabotage or other natural or man-made hazards or disasters.
W. The department shall make available to agencies that contribute to, or receive criminal justice
information from, the central state repository or through the Arizona criminal justice information system
a continuing training program in the proper methods for collecting, storing and disseminating
information in compliance with this section.
X. Nothing in this section creates a cause of action or a right to bring an action including an action
based on discrimination due to sexual orientation.
Y. For purposes of this section:
1. "Administration of criminal justice" means performance of the detection, apprehension, detention,
pretrial release, post-trial release, prosecution, adjudication, correctional supervision or rehabilitation of
criminal offenders. Administration of criminal justice includes enforcement of criminal traffic offenses
and civil traffic violations, including parking violations, when performed by a criminal justice agency.
Administration of criminal justice also includes criminal identification activities and the collection,
storage and dissemination of criminal history record information.
2. "Administrative records" means records that contain adequate and proper documentation of the
organization, functions, policies, decisions, procedures and essential transactions of the agency and that
are designed to furnish information to protect the rights of this state and of persons directly affected by
the agency's activities.
3. "Arizona criminal justice information system" or "system" means the statewide information system
managed by the director for the collection, processing, preservation, dissemination and exchange of
criminal justice information and includes the electronic equipment, facilities, procedures and
agreements necessary to exchange this information.
4. "Central state repository" means the central location within the department for the collection, storage
and dissemination of Arizona criminal history records and related criminal justice information.
5. "Criminal history record information" and "criminal history record" means information that is
collected by criminal justice agencies on individuals and that consists of identifiable descriptions and
notations of arrests, detentions, indictments and other formal criminal charges, and any disposition
arising from those actions, sentencing, formal correctional supervisory action and release. Criminal
history record information and criminal history record do not include identification information to the
extent that the information does not indicate involvement of the individual in the criminal justice system
or information relating to juveniles unless they have been adjudicated as adults.
6. "Criminal justice agency" means either:
(a) A court at any governmental level with criminal or equivalent jurisdiction, including courts of any
foreign sovereignty duly recognized by the federal government.
(b) A government agency or subunit of a government agency that is specifically authorized to perform
as its principal function the administration of criminal justice pursuant to a statute, ordinance or

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executive order and that allocates more than fifty per cent of its annual budget to the administration of
criminal justice. This subdivision includes agencies of any foreign sovereignty duly recognized by the
federal government.
7. "Criminal justice information" means information that is collected by criminal justice agencies and
that is needed for the performance of their legally authorized and required functions, such as criminal
history record information, citation information, stolen property information, traffic accident reports and
wanted persons information. Criminal justice information does not include the administrative records of
a criminal justice agency.
8. "Disposition" means information disclosing that a decision has been made not to bring criminal
charges or that criminal proceedings have been concluded or information relating to sentencing,
correctional supervision, release from correctional supervision, the outcome of an appellate review of
criminal proceedings or executive clemency.
9. "Dissemination" means the written, oral or electronic communication or transfer of criminal justice
information to individuals and agencies other than the criminal justice agency that maintains the
information. Dissemination includes the act of confirming the existence or nonexistence of criminal
justice information.
10. "Management control":
(a) Means the authority to set and enforce:
(i) Priorities regarding development and operation of criminal justice information systems and
programs.
(ii) Standards for the selection, supervision and termination of personnel involved in the development of
criminal justice information systems and programs and in the collection, maintenance, analysis and
dissemination of criminal justice information.
(iii) Policies governing the operation of computers, circuits and telecommunications terminals used to
process criminal justice information to the extent that the equipment is used to process, store or transmit
criminal justice information.
(b) Includes the supervision of equipment, systems design, programming and operating procedures
necessary for the development and implementation of automated criminal justice information systems.
11. "Process control number" means the Arizona automated fingerprint identification system number
that attaches to each arrest event at the time of fingerprinting and that is assigned to the arrest fingerprint
card, disposition form and other pertinent documents.
12. "Secondary dissemination" means the dissemination of criminal justice information from an
individual or agency that originally obtained the information from the central state repository or through
the Arizona criminal justice information system to another individual or agency.
13. "Sexual orientation" means consensual homosexuality or heterosexuality.
14. "Subject of record" means the person who is the primary subject of a criminal justice record.




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ARS Title 41 - CHAPTER 16 - DEPARTMENT OF BUILDING AND FIRE SAFETY Article 1 -
General Provisions 41-2141 - Department of building and fire safety; establishment; purposes;
components 41-2142 - Definitions 41-2143 - Board of manufactured housing; members; powers and
duties 41-2144 - Powers and duties of board 41-2146 - State fire safety committee; members; terms;
powers and duties; compensation 41-2147 - Director; qualifications; appointment; salary; assistants;
powers and duties

41-2141. Department of building and fire safety; establishment; purposes; components
A. The department of building and fire safety is established to further the public interest of safety and
welfare by maintaining and enforcing standards of quality and safety for manufactured homes, mobile
homes, factory-built buildings and recreational vehicles and by reducing hazards to life and property
through the maintenance and enforcement of the state fire code. It is also the purpose of the department
to establish a procedure to protect the consumer of such products and services.
B. The department of building and fire safety consists of the board of manufactured housing, the
installation standards committee, the state fire safety committee and the director of the department. The
director's office consists of the office of manufactured housing, the office of state fire marshal and the
office of administration.
C. The attorney general shall act for the department in all legal actions or proceedings and shall advise
the department on all questions of law arising out of the administration of this chapter.

41-2142. Definitions
In this chapter, unless the context otherwise requires:
1. "Accessory structure" means the installation, assembly, connection or construction of any one-story
habitable room, storage room, patio, porch, garage, carport, awning, skirting, retaining wall, evaporative
cooler, refrigeration air conditioning system, solar system or wood decking attached to a new or used
manufactured home, mobile home or residential single family factory-built building.
2. "Act" means the national manufactured home construction and safety standards act of 1974 and title
VI of the housing and community development act of 1974 (P.L. 93-383, as amended by P.L. 95-128,
95-557, 96-153 and 96-339).
3. "Alteration of units" means the replacement, addition, modification or removal of any equipment or
installation after the sale by a manufacturer to a dealer or distributor but prior to the sale by a dealer to a
purchaser, which may affect compliance with the standards, construction, fire safety, occupancy,
plumbing or heat-producing or electrical system. Alteration does not mean the repair or replacement of a
component or appliance requiring plug-in to an electrical receptacle if the replaced item is of the same
configuration and rating as the component or appliance being repaired or replaced. Alteration also does
not mean the addition of an appliance requiring plug-in to an electrical receptacle if such appliance is
not provided with the unit by the manufacturer and the rating of the appliance does not exceed the rating
of the receptacle to which such appliance is connected.
4. "Board" means the board of manufactured housing.


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5. "Broker" means any person who, on behalf of another, sells, exchanges, buys, offers or attempts to
negotiate or acts as an agent for the sale or exchange of a used manufactured home or mobile home
except as exempted in section 41-2178.
6. "Component" means any part, material or appliance which is built-in as an integral part of the unit
during the manufacturing process.
7. "Consumer" means either a purchaser or seller of a unit regulated by this chapter who utilizes the
services of a person licensed by the department.
8. "Consummation of sale" means that a purchaser has received all goods and services that the dealer or
broker agreed to provide at the time the contract was entered into or the transfer of title. Consummation
of sale does not include warranties.
9. "Dealer" means any person who sells, exchanges, buys, offers or attempts to negotiate or acts as an
agent for the sale or exchange of recreational vehicles, factory-built buildings, subassemblies,
manufactured homes or mobile homes except as exempted in section 41-2178. A lease or rental
agreement by which the user acquired ownership of the unit with or without additional remuneration is
considered a sale under the provisions of this chapter.
10. "Defect" means any defect in the performance, construction, components or material of a unit that
renders the unit or any part of the unit unfit for the ordinary use for which it was intended.
11. "Department" means the department of building and fire safety.
12. "Director" means the director of the department.
13. "Earnest monies" means all monies given by a purchaser or a financial institution to a dealer or
broker before consummation of the sale.
14. "Factory-built building" means a residential or nonresidential building including a dwelling unit or
habitable room thereof which is either wholly or in substantial part manufactured at an off-site location
to be assembled on-site, except that it does not include a manufactured home, recreational vehicle or
mobile home as defined in this section.
15. "HUD" means the United States department of housing and urban development.
16. "Imminent safety hazard" means an imminent and unreasonable risk of death or severe personal
injury.
17. "Insignia of approval" means a numbered or serialized label or seal issued by the assistant director
of the office of administration as certification of compliance with the provisions of this chapter.
18. "Installation" means:
(a) Connecting new or used mobile homes, manufactured homes or factory-built buildings to on-site
utility terminals or repairing these utility connections.
(b) Placing new or used mobile homes, manufactured homes, accessory structures or factory-built
buildings on foundation systems or repairing these foundation systems.
(c) Providing ground anchoring for new or used mobile homes or manufactured homes or repairing the
ground anchoring.
19. "Installation supervision" means that the installer may act as an installer of accessory structures for
manufactured homes, mobile homes or residential single family factory-built buildings and may also
contract with the purchaser or owner of a unit, or a dealer licensed under this chapter, to arrange for,

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control and supervise all aspects of the installation of a unit and accessory structures, including retaining
and supervising persons whose activities are licensed under this chapter. A licensed installer may not
contract with the purchaser or owner of a unit or with a dealer licensed under this chapter, to arrange
for, retain and supervise a person who is licensed or regulated by an agency other than the office of
manufactured housing, unless the licensed installer is also licensed by the same agency which licenses
or regulates the person whom the installer retains and supervises. Installation supervision also includes
the installer's right, if authorized by the purchaser, owner or dealer, to seek and obtain recourse,
remedies or relief against all persons whose activities are supervised. If requested by a licensed installer
or an applicant for an installer's license, and approved by the assistant director pursuant to sections 41-
2175 and 41-2176, an installer may obtain a license that includes installation supervision.
20. "Installer" means any person who engages in the business of performing installations of
manufactured homes, mobile homes or residential single family factory-built buildings.
21. "Installer of accessory structures" means any person who engages in the business of installing
accessory structures.
22. "Listing agreement" means a document which contains the name and address of the seller, a
description of the unit to be listed and the terms which include the period of time that the agreement is
in force, the price the seller is requesting for the unit, the commission to be paid to the licensee and the
signatures of the sellers and the licensee who obtains the listing.
23. "Local enforcement agency" means a zoning or building department of a city, town or county or its
agents.
24. "Manufactured home" means a structure built in accordance with the act.
25. "Manufacturer" means any person engaged in manufacturing, assembling or reconstructing any unit
regulated by this chapter.
26. "Mobile home" means a structure built prior to June 15, 1976, on a permanent chassis, capable of
being transported in one or more sections and designed to be used with or without a permanent
foundation as a dwelling when connected to on-site utilities except recreational vehicles and factory-
built buildings.
27. "Purchaser" means a person purchasing a unit in good faith from a licensed dealer or broker for
purposes other than resale.
28. "Qualifying party" means a person who is an owner, employee, corporate officer or partner of the
licensed business and who has active and direct supervision of and responsibility for all operations of
that licensed business.
29. "Reconstruction of a unit" means construction work performed for the purpose of restoration or
modification of a unit by changing or adding structural components, electrical, plumbing or heat or air
producing systems.
30. "Recreational vehicle" means a vehicular type unit which is:
(a) A portable camping trailer mounted on wheels and constructed with collapsible partial sidewalls
which fold for towing by another vehicle and unfold for camping.



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(b) A motor home designed to provide temporary living quarters for recreational, camping or travel use
and built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van
that is an integral part of the completed vehicle.
(c) A park trailer built on a single chassis, mounted on wheels and designed to be connected to utilities
necessary for operation of installed fixtures and appliances and has a gross trailer area of not less than
three hundred twenty square feet and not more than four hundred square feet when it is set up, except
that it does not include fifth wheel trailers.
(d) A travel trailer mounted on wheels, designed to provide temporary living quarters for recreational,
camping or travel use, of a size or weight that may or may not require special highway movement
permits when towed by a motorized vehicle and has a trailer area of less than three hundred twenty
square feet. This subdivision includes fifth wheel trailers. If a unit requires a size or weight permit, it
shall be manufactured to the standards for park trailers in A 119.5 of the American national standards
institute code.
(e) A portable truck camper constructed to provide temporary living quarters for recreational, travel or
camping use and consisting of a roof, floor and sides designed to be loaded onto and unloaded from the
bed of a pickup truck.
31. "Salesperson" means any person who, for a salary, commission or compensation of any kind, is
employed by or acts on behalf of any dealer or broker of manufactured homes, mobile homes or factory-
built buildings to sell, exchange, buy, offer or attempt to negotiate or act as an agent for the sale or
exchange of an interest in a manufactured home, mobile home or factory-built building.
32. "Seller" means a natural person who enters into a listing agreement with a licensed dealer or broker
for the purpose of resale.
33. "Site development" means the development of an area for the installation of the unit's or units'
locations, parking, surface drainage, driveways, on-site utility terminals and property lines at a proposed
construction site or area.
34. "Statutory agent" means an adult person who has been a bona fide resident of this state for at least
three years and has agreed to act as agent for a licensee.
35. "Subassembly" means a prefabricated wall, floor, ceiling, roof or similar combination of
components.
36. "Title transfer" means a true copy of the application for title transfer which is stamped or validated
by the appropriate government agency.
37. "Unit" means a manufactured home, mobile home, recreational vehicle, factory-built building,
subassembly or accessory structures.
38. "Unit safety" means the performance of a unit in such a manner that the public is protected against
any unreasonable risk of the occurrence of accidents due to the design or construction of such unit, or
any unreasonable risk of death or injury to the user or to the public if such accidents occur.
39. "Used unit" means any unit which is regulated by this chapter and which has been sold, bargained,
exchanged or given away from a purchaser who first acquired the unit which was titled in the name of
such purchaser.


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40. "Workmanship" means a minimum standard of construction or installation reflecting a journeyman
quality of the work of the various trades.



41-2143. Board of manufactured housing; members; powers and duties
A. There is established a board of manufactured housing. The board shall consist of nine members
appointed by the governor pursuant to section 38-211. One member shall represent the manufacturers,
one shall represent the installer industry, one shall be a manufactured home park owner, one shall
represent financial institutions, one shall represent the recreational vehicle industry, one shall represent
the dealers and brokers and three members of the public, at least one of whom has as his residence a
mobile or manufactured home and is a resident of a mobile home park or manufactured home park, shall
represent the consumers of this state. Each member shall be appointed for a term of three years. The
governor may remove any member from the board for incompetency, improper conduct, disability or
neglect of duty. Members are eligible to receive compensation pursuant to section 38-611 and are
eligible for reimbursement for expenses incurred while attending meetings called by the board pursuant
to title 38, chapter 4, article 2.
B. The board annually shall select from its membership a chairperson for the board.
C. The board shall meet on call of the chairperson or on the request of at least four members.

41-2144. Powers and duties of board
A. The board shall:
1. Adopt rules imposing minimum construction requirements for factory-built buildings, subassemblies
and components thereof which shall be reasonably consistent with nationally recognized and accepted
publications or generally accepted manufacturing practices pertinent to the construction and safety
standards for such item to be manufactured. Such standards shall include minimum requirements for the
safety and welfare of the public.
2. Adopt rules imposing requirements for body and frame design and construction and installation of
plumbing, heating and electrical systems for manufactured homes which are consistent with the rules
and regulations for construction and safety standards adopted by the United States department of
housing and urban development.
3. Adopt rules imposing minimum construction requirements for recreational vehicles which shall be
reasonably consistent with nationally recognized and accepted publications for such item to be
manufactured. Such standards shall include minimum requirements for the safety and welfare of the
public.
4. Adopt rules relating to plan approvals as to requirements for the design, construction, alteration,
reconstruction and installation of units or accessory structures as deemed necessary by the board to carry
out the provisions of this chapter.
5. Establish a schedule of fees, payable by persons, licensees or owners of units regulated by this
chapter, for inspections, licenses, permits, plan reviews, administrative functions and insignia so that the

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total annual income derived from such fees will not be less than ninety-five per cent and not more than
one hundred five per cent of the anticipated expenditures for the operation of the office of manufactured
housing.
6. Adopt rules relating to the inspection throughout the state by the assistant director of the office of
manufactured housing of the installation of manufactured homes, mobile homes, factory-built buildings
and accessory structures included as part of a sales contract for a new or used mobile or manufactured
home or part of an agreement to move a new or used mobile or manufactured home.
7. Establish and maintain licensing standards and bonding requirements for all manufacturers of
manufactured homes, recreational vehicles, factory-built buildings and subassemblies regulated
pursuant to this chapter.
8. Establish and maintain licensing standards and bonding requirements for all dealers and brokers of
manufactured homes, mobile homes, recreational vehicles, factory-built buildings and subassemblies
thereof who sell or arrange the sale of such products within this state.
9. Establish and maintain licensing standards and bonding requirements for all installers of
manufactured homes, mobile homes and accessory structures and certified standards for all persons who
repair these homes and structures under warranties and who are not employees of the manufacturer.
10. Establish and maintain licensing standards for all salespersons of manufactured homes, mobile
homes and factory-built buildings. These standards shall not include educational requirements.
11. Adopt rules consistent with the United States department of housing and urban development
procedural and enforcement regulations and enter into such contracts necessary to administer the federal
manufactured home regulations.
12. Adopt rules imposing minimum fire and life safety requirements in the categories of fire detection
equipment, flame spread for gas furnace and water heater compartments, egress windows, electrical
system and gas system for mobile homes entering this state.
13. Adopt rules for inspections and permits for minimum fire and life safety requirements and establish
fees for such inspections and permits for mobile homes entering this state.
14. Adopt such other rules as the board deems necessary for the director to carry out the provisions of
this chapter and, to the extent not authorized by other provisions of this section, adopt rules as necessary
to interpret, clarify, administer or enforce the provisions of this article and articles 2 and 4 of this
chapter.
15. Adopt rules relating to the installation of manufactured homes, mobile homes, factory-built
buildings and accessory structures included as part of a sales contract for a new or used mobile or
manufactured home or part of an agreement to move a new or used mobile or manufactured home. This
paragraph does not apply to:
(a) Single wide factory-built buildings that are used for construction project office purposes and that are
not used by the public.
(b) Storage buildings of less than one hundred sixty-eight square feet that are not used by the public.
(c) Equipment buildings that are not used by the public.
16. Adopt rules relating to acceptable workmanship standards.


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17. Adopt rules relating to issuing permits to licensees, owners of units or other persons for the
installation of manufactured homes, mobile homes, factory-built buildings and accessory structures.
18. Adopt rules including a requirement that a permit shall be obtained before the installation of a
mobile or manufactured home.
B. In adopting rules pursuant to subsection A, paragraph 4, the board shall consider for adoption any
amendments to the codes and standards referred to in subsection A, paragraphs 1, 2 and 3. If the board
adopts the amendments to such codes and standards, the director shall notify the manufacturers licensed
pursuant to article 4 of this chapter ninety or more days prior to the effective date of such amendments.
C. Chapter 6 of this title does not apply to the setting of fees under subsection A, paragraph 5.
D. Rules adopted pursuant to subsection A, paragraph 15 shall be standard throughout this state and
may be enforced by the local enforcement agencies upon installation to ensure a standard of safety. The
board may make an exception to the standard if, on petition by a local jurisdiction participating in the
installation inspection program, local conditions justify the exemption or it is necessary to protect the
health and safety of the public. On its own motion, the board may revise or repeal any exception.

41-2146. State fire safety committee; members; terms; powers and duties; compensation
A. A state fire safety committee is established consisting of seven members appointed for three year
terms by the governor pursuant to section 38-211. The governor may remove any member from the
committee for incompetency, improper conduct, disability or neglect of duty. Membership on the
committee is as follows:
1. Two members, not from the same municipality, who shall be a fire chief or fire marshal of a paid
municipal fire department of a city with a population of one hundred thousand persons or more.
2. One member shall be a fire chief of a paid municipal fire department of a town with a population of
less than one hundred thousand persons.
3. One member shall be a member of the Arizona fire chiefs' association.
4. One member shall be a registered architect.
5. One member shall be a chief building official of a city, town or county.
6. One member shall be a member of the public.
B. The state fire safety committee shall annually select from its membership a chairman for the
committee. The committee shall meet on the call of the chairman or on the request of at least four
members.
C. The state fire safety committee shall adopt by rule a state fire code establishing minimum standards
for:
1. Safeguarding life and property from fire and fire hazards.
2. Prevention of fires and alleviation of fire hazards.
3. Storage, sale, distribution and use of dangerous chemicals, combustibles, flammable liquids,
explosives and radioactive materials.
4. Installation, maintenance and use of fire escapes, fire protection equipment, fire alarm systems,
smoke detectors and fire extinguishing equipment.


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5. The means and adequacy of fire protection and exit in case of fire in places in which numbers of
persons work, live or congregate, excluding family dwellings which have fewer than five residential
dwelling units.
6. Other matters relating to fire prevention and control which are considered necessary by the
committee.
D. The state fire safety committee may adopt rules and a schedule of fees which shall not exceed ninety
dollars for a permit, twenty dollars for a plan submission, forty dollars an hour for plan review and thirty
dollars an hour for reinspections which are payable by persons regulated under article 3 of this chapter.
E. The state fire safety committee shall adopt rules for the allocation of monies from the arson detection
reward fund established in section 41-2167. The rules shall be consistent with the purposes set forth in
section 41-2167 and shall promote the effective and efficient use of the fund monies.
F. Members of the committee are not eligible to receive compensation for service on the committee but
are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

41-2147. Director; qualifications; appointment; salary; assistants; powers and duties
A. The governor shall appoint a director of the department pursuant to section 38-211. The director shall
serve at the pleasure of the governor.
B. The director shall be experienced in administration and the technical knowledge necessary to
administer this chapter.
C. The compensation of the director shall be as determined pursuant to section 38-611.
D. The director with the approval of the governor shall appoint an assistant director of the office of
manufactured housing, the state fire marshal of the office of fire marshal and an assistant director of the
office of administration, all of whom serve at the pleasure of the director and are exempt from the
provisions of chapter 4, article 5 of this title. Compensation for the assistant directors and the fire
marshal shall be as determined pursuant to section 38-611.
E. The director shall establish and have authority over the functions of the office of manufactured
housing, the office of state fire marshal and the office of administration and shall appoint employees
necessary to perform the duties of articles 2, 3 and 4 of this chapter.
F. The director shall employ any deputies, investigators and assistants and shall procure all equipment
and records that are necessary to enforce this chapter. With respect to the enforcement of section 41-
2194, the director or his designees are vested with the authority to issue a citation in accordance with
section 13-3903 or to issue a cease and desist order to any violators of this chapter. When the director or
his designees conduct investigations they may receive criminal history record information from the
department of public safety and other law enforcement entities.
G. In order to protect public health, safety and welfare, the director may revoke or suspend a license.
H. The director may issue citations to licensees for alleged violations of any of the provisions of this
chapter or rules adopted pursuant to this chapter.
I. The director, on his motion or on the written request of the licensee, may reduce, at his discretion, the
amount of any administrative penalty imposed.


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ARS Title 49 CHAPTER 2 - WATER QUALITY CONTROL

Article 5 - Remedial Actions

49-281. Definitions
In this article, unless the context otherwise requires:
1. "Applicant" means any individual, employee, officer, managing body, trust, firm, joint stock
company, consortium, public or private corporation, including a government corporation, partnership or
association, this state, a political subdivision of this state, or a commission of the United States
government or a federal facility, an interstate body or any other entity that applies for a settlement under
either section 49-292.01 or 49-292.02.
2. "Community" means the broad spectrum of persons determined by the director to be within an
existing or proposed site placed on the registry pursuant to section 49-287.01.
3. "Community involvement area" means the geographical area that is within a site placed on the
registry pursuant to section 49-287.01 and additional geographic areas as found appropriate in the
director's discretion.
4. "Dispose" means the deposit, injection, dumping, spilling, leaking or placing of any pollutant into or
on any land or water so that the pollutant or any constituent of the pollutant may enter the environment
or be discharged into any waters, including aquifers.
5. "Eligible party" means a person who enters into a written agreement with the director to implement
and complete a remedial investigation and feasibility study with respect to a site or portion of a site that
was on the annual priority list on May 1, 1997 or any other person who incurs costs for a remedial
action that is in substantial compliance with section 49-282.06 as determined by the director.
6. "Facility" means any land, building, installation, structure, equipment, device, conveyance, area,
source, activity or practice.
7. "Fund" means the water quality assurance revolving fund established by section 49-282.
8. "Hazardous substance" has the same meaning prescribed in section 49-201 but does not include
petroleum as defined in section 49-1001, except to the extent that a constituent of petroleum is subject
to the provisions of section 49-283.02.
9. "Nonrecoverable costs" means any costs incurred by the director after June 30, 1997:
(a) That consist of salaries and benefits paid to state employees, including direct and indirect costs,
except as specifically provided in section 49-282.05, section 49-285, subsection B, section 49-285.01,
section 49-287.01, section 49-287.06, subsection H and section 49-287.07 and for epidemiological
studies conducted by the department of health services.
(b) For activities conducted pursuant to section 49-287.02.
(c) For water monitoring activities conducted pursuant to section 49-225.
(d) For well inspections, but not other remedial actions, to determine whether vertical cross-
contamination is resulting from a well pursuant to section 45-605 or 49-282.04.
(e) For the advisory board established by section 49-289.04.
(f) For rule making.

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10. "Orphan shares" means the shares of the cost of a remedial action that are allocated to an identified
person who is determined to be a responsible party and that are not paid or otherwise satisfied by that
responsible party due to any of the following:
(a) The party cannot be located or no longer exists.
(b) The party has entered into a qualified business settlement pursuant to this article.
(c) The party has entered into a settlement pursuant to this article for an amount that is less than its
allocated share.
(d) The director has determined that the share allocated to the party is uncollectible.
11. "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting,
escaping, leaching, dumping or disposing into the environment but excludes:
(a) Any release which results in exposure to persons solely within a workplace, with respect to a claim
which such persons may assert against the employer of such persons.
(b) Emissions from the engine exhaust of any motor vehicle, rolling stock, aircraft, vessel or pipeline
pumping station engine.
(c) Release of source, by-product or special nuclear material, as those terms are defined in section 30-
651, resulting from the operation of a production or utilization facility as defined in the atomic energy
act of 1954 (68 Stat. 919; 42 United States Code sections 2011 through 2297), which is subject to the
regulatory authority of the United States nuclear regulatory commission as specified in that act, and the
agreement, dated March 30, 1967, entered into between the governor of this state and the United States
atomic energy commission pursuant to section 30-656 and section 274 of the atomic energy act of 1954,
as amended.
(d) The normal application of fertilizer.
12. "Remedial actions" means those actions that are reasonable, necessary, cost-effective and technically
feasible in the event of the release or threat of release of hazardous substances into the environment,
such actions as may be necessary to investigate, monitor, assess and evaluate such release or threat of
release, actions of remediation, removal or disposal of hazardous substances or taking such other actions
as may be necessary to prevent, minimize or mitigate damage to the public health or welfare or to the
environment which may otherwise result from a release or threat of release of a hazardous substance.
Remedial actions include the use of biostimulation with indigenous microbes and bioaugmentation
using microbes that are nonpathogenic, that are nonopportunistic and that are naturally occurring.
Remedial actions may include community information and participation costs and providing an
alternative drinking water supply.
13. "Remedy" means a remedial action selected in a record of decision issued pursuant to section 49-
287.04.
14. "Site" means the geographical areal extent of contamination.
15. "Vertical cross-contamination" means the vertical migration of released hazardous substances in
groundwater through a well from an aquifer or aquifer layer to another aquifer or aquifer layer.

49-282. Water quality assurance revolving fund


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A. A water quality assurance revolving fund is established to be administered by the director. The fund
consists of monies from the following sources:
1. Monies appropriated by the legislature.
2. Fertilizer license fees allocated under section 3-272, subsection B, paragraph 2.
3. Pesticide registration fees allocated under section 3-351, subsection D, paragraph 2.
4. The tax on water use pursuant to section 42-5302.
5. Water quality assurance fees collected under section 45-616.
6. Industrial discharge registration fees collected under section 49-209.
7. Manifest resubmittal fees collected under section 49-922.01.
8. Hazardous waste facility registration fees collected under section 49-929.
9. Hazardous waste resource recovery facility registration fees collected under section 49-930.
10. Monies recovered from responsible parties as remedial action costs.
11. Monies received as costs for a review of remedial actions at the request of a person other than the
state.
12. Monies received from the collection of corporate income taxes under title 43, chapter 11, article 2 as
prescribed by subsection B of this section.
13. Prospective purchaser agreement fees collected under section 49-285.01.
B. The water quality assurance revolving fund shall be assured of an annual funding amount of eighteen
million dollars. Beginning July 1, 1999, as soon as practicable at the beginning of each fiscal year, the
state treasurer shall transfer the sum of fifteen million dollars to the water quality assurance revolving
fund from the corporate income tax as collected pursuant to title 43, chapter 11, article 2. As custodian
of the fund, the director shall certify to the governor, the state treasurer, the president of the senate and
the speaker of the house of representatives at the end of that fiscal year the amount of monies deposited
in the water quality assurance revolving fund pursuant to subsection A, paragraphs 1 through 9. At the
end of the fiscal year the state treasurer shall adjust the fifteen million dollar transfer of corporate
income tax so that, when combined with monies deposited in the fund during that fiscal year pursuant to
subsection A, paragraphs 1 through 9, the fund receives eighteen million dollars each fiscal year. This
adjustment shall occur as part of the year-end book closing process for that fiscal year. If sufficient
monies from the corporate income tax are not available to make any necessary upward adjustments as
part of the year-end book closing, the state treasurer shall transfer the monies necessary to achieve the
eighteen million dollar funding level from the transaction privilege and severance tax clearing account
pursuant to section 42-5029, subsection D, paragraph 4, to the water quality assurance revolving fund.
Any transfers prescribed by this subsection shall not be deducted from the net proceeds distributed
pursuant to section 43-206.
C. At the beginning of each fiscal year the director shall transfer the sum of eight hundred thousand
dollars from the water quality assurance revolving fund to the Arizona water quality fund established by
section 45-618.
D. Monies in the fund are exempt from lapsing under section 35-190. Interest earned on monies in the
fund shall be credited to the fund.
E. Monies from the water quality assurance revolving fund shall be used for the following purposes:

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1. To provide state matching monies or to meet such other obligations as are prescribed by section 104
of CERCLA.
2. For all reasonable and necessary costs to implement this article, including:
(a) Taking remedial actions.
(b) Conducting investigations of an area to determine if a release or a threatened release of a hazardous
substance exists.
(c) Conducting remedial investigations, feasibility studies, health effect studies and risk assessments.
(d) Identifying and investigating potentially responsible parties and allocating liability among the
responsible parties.
(e) Funding orphan shares.
(f) Participating in the allocation process, administrative appeals and court actions.
(g) Funding the community advisory boards and other community involvement activities and the water
quality assurance revolving fund advisory board.
(h) Remediating pollutants if necessary to remediate a hazardous substance.
3. For the reasonable and necessary costs of monitoring, assessing, identifying, locating and evaluating
the degradation, destruction, loss of or threat to the waters of the state resulting from a release of a
hazardous substance to the environment.
4. For the reasonable and necessary costs of administering the fund.
5. For the reasonable and necessary costs of administering the industrial discharge registration program
under section 49-209.
6. For the costs of the water quality monitoring program described in section 49-225.
7. For compliance monitoring, investigation and enforcement activities pertaining to generating,
transporting, treating, storing and disposing of hazardous waste. The amount to be used pursuant to
chapter 5 of this title is limited to the amount received in the prior fiscal year from the hazardous waste
facility registration fee.
8. For emergency response use as prescribed in section 49-282.02.
9. For all reasonable and necessary costs of the preparation and execution of prospective purchaser
agreements.
10. For all reasonable and necessary costs of the voluntary remediation program.
11. To reimburse a political subdivision of this state for its reasonable, necessary and cost-effective
remedial action costs incurred in response to a release or threat of a release of a hazardous substance or
pollutants that presents an immediate and substantial endangerment to the public health or the
environment. The political subdivision is not eligible for reimbursement until it has taken all reasonable
efforts to obtain reimbursement from the responsible party and the federal government. No more than
two hundred fifty thousand dollars may be spent from the fund for this purpose in any fiscal year.
12. For all reasonable and necessary costs incurred by the department pursuant to section 49-282.04 and
the department of water resources pursuant to section 45-605 for well inspections, remedial actions and
review and approval of well construction necessary to prevent vertical cross-contamination. The director
of environmental quality and the director of water resources shall enter into an agreement for the
transfer of these costs.

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13. For actions that are taken pursuant to section 49-282.03 before the selection of a remedy.
14. For the reasonable and necessary costs of the conveyance, use or discharge of water remediated as
part of a remedy under this article.
15. For the reasonable and necessary costs incurred by the department of health services at the request of
the director of environmental quality to assess and evaluate the effect of a release or threatened release
of hazardous substances to the public health or welfare and the environment. The director of
environmental quality and the director of the department of health services shall enter into an agreement
for the transfer of these costs. The assessment and evaluation by the department of health services may
include:
(a) Performing health effect studies and risk assessments.
(b) Evaluating and calculating cleanup standards.
(c) Assisting in communicating health and risk issues to the public.
16. For the reasonable and necessary costs incurred by the department of law to provide legal services at
the request of the director of environmental quality.
17. For the reasonable and necessary costs of contracting for the goods and services to enable the
director to implement this article.
18. For remediation demonstration projects that use bioremediation or other alternative technologies.
The department may not use more than five hundred thousand dollars in a fiscal year pursuant to this
paragraph.
F. Any political subdivision of this state which uses, used or may use waters of the state for drinking
water purposes or any state agency, regardless of whether the political subdivision or state agency is a
responsible party, may apply to the director for monies from the fund to be used for remedial action. An
application to the fund for remedial action costs shall not be treated as an admission that a political
subdivision or an agency of the state is a responsible party, but a political subdivision or a state agency
that is a responsible party is liable for remedial action costs in the same manner, including
reimbursement of the fund, as any other responsible party. The political subdivision shall commit a local
matching amount at least equal to the amount sought from the fund.
G. The director shall prepare and submit a written report to the speaker of the house of representatives
and the president of the senate in December of each year. The report shall describe:
1. The accomplishments from expenditures from the fund during the preceding fiscal year in terms of
the reduction of contamination in the environment and actions taken to determine the nature and extent
of contamination.
2. The status of all sites on the registry, including the site locations, the basis for establishing site
boundaries and whether remedial actions taken to date would support a modification of the boundaries
of the site.
3. The number of settlements made with responsible parties and the terms of each settlement.
4. The number and types of settlements applied for and made pursuant to sections 49-292.01 and 49-
292.02, including:
(a) The number of applications submitted under each section.
(b) The number of applications denied under each section.

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(c) The number of applicants who settled based on the formula in section 49-292.01, subsection C,
paragraph 1 and the total amount of the settlements.
(d) The number of settlements pursuant to section 49-292.02 and the total amount of the settlements.
(e) The number of persons who met the definition of qualified business under section 49-292.01,
subsection J but who settled pursuant to section 49-292.02, for each such person, the amount of the
settlement as a percentage of the person's average annual gross income for the two years preceding the
request for settlement, and for all such persons, the total of the difference between the settlement
amounts and the amounts that would have been paid based on the formula in section 49-292.01,
subsection C, paragraph 1.
H. The director of environmental quality shall prepare and submit a budget for the water quality
assurance revolving fund program and the director of water resources shall prepare and submit a budget
for the Arizona water quality fund with the departments' budgets that are required pursuant to section
35-111. The committees on appropriations of the house of representatives and the senate shall review
the water quality assurance revolving fund budget and the Arizona water quality fund budget and the
reports made pursuant to subsection G of this section to ensure that the departments' expenditures are
made in accordance with the legislature's intent and that the departments are making adequate progress
toward accomplishing that intent.




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                                  EXECUTIVE ORDER NO. 98-1
                               PROMULGATION OF 1998 ARIZONA
                           EMERGENCY RESPONSE AND RECOVERY PLAN

WHEREAS, Arizona Revised Statutes, Chapter 2 - Emergency Management, Article 1, Section 26-301 through
26-318 outline certain responsibilities and authorities for disaster preparedness, response, recovery and mitigation;
and

WHEREAS, in accordance with A.R.S. 26-305, there is established in the Department of Emergency and Military
Affairs, the Division of Emergency Management which is administered by the Department under the authority of
the Adjutant General, subject to powers vested in the Governor as provided by law; and

WHEREAS, the Adjutant General has delegated the responsibility to the Director, Division of Emergency
Management to prepare for and coordinate those emergency management activities which may be required to
reduce the impact of disaster on persons or property; and

WHEREAS, in accordance with this responsibility, the Director, Arizona Division of Emergency Management has
reviewed the current state emergency operations plan and has recommended that a new Arizona Emergency
Response and Recovery Plan be promulgated by the Governor; and

WHEREAS, state agencies play a vital role in emergency and disaster preparedness, response, recovery and
mitigation activities:

NOW, THEREFORE, I JANE DEE HULL, as Governor of the State of Arizona, by virtue of the authority vested
in me as Governor of the State of Arizona by the Constitution and the laws of this state, do hereby promulgate and
issue this February 1998 edition of the State of Arizona Emergency Response and Recovery Plan, and direct the
following:

1.      That the Director, Arizona Division of Emergency Management shall update this plan periodically and
        test the quality of the plan through exercises.

        a.       That a decision to activate the State of Arizona Emergency Operations Center shall constitute
                 implementation of the plan.

        b.       That the plan shall prescribe the rules and regulations for emergency and disaster operations
                 anywhere in the State of Arizona.

        c.       That each state agency assigned a primary or secondary responsibility in the plan shall prepare
                 implementing procedures which describe provisions for carrying out the various emergency
                 functions in this plan.

        d.       That each state agency shall participate in an annual review and update of this plan and
                 implementing agency procedures.

2.      That the Director, Arizona Division of Emergency Management shall be authorized to activate and
        deactivate the State of Arizona Emergency Operations Center and to exercise overall direction and control
        of state emergency or disaster operations.

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                                                     SANTA CRUZ COUNTY
                                  EMERGENCY RESPONSE AND RECOVERY PLAN



        a.       The Director, Arizona Division of Emergency Management shall maintain the necessary
                 materials, including telephone lists for all possible responders in the State Emergency Operations
                 Center at all times to effectively respond to statewide emergency and disaster situations.

        b.       The Director, Arizona Division of Emergency Management shall keep records of the disaster
                 response as it occurs, tracking missions assigned and completed, for use during the response
                 effort and review afterward.

        c.       The Director, Arizona Division of Emergency shall formally critique the response coordination
                 efforts and produce after action reports that identify areas needing improvement during the
                 response effort and for review afterward.

3.      That each state agency shall appoint an emergency coordinator and an alternate to act on behalf of the
        agency during an emergency or disaster, and will furnish the name and contact telephone numbers to the
        Director of the Arizona Division of Emergency Management, and will:

        a.       Staff the Arizona Emergency Operations Center with personnel during training exercises and
                 during emergencies and disasters as requested by the Director, Arizona Division of Emergency
                 Management.

        b.       Maintain and operate a 24 hour response capability when this plan is implemented.

        e.       Maintain logs, records and reporting systems required by state and federal disaster assistance
                 laws, rules and regulations.

4.      That all other state agencies not assigned a primary or support role in this plan shall carry out whatever
        duties or services may be specified or directed by the Governor.

5.      That this plan supersedes the Arizona Emergency Operations Plan dated February 18, 1994, which should
        be destroyed.

6.      That Executive Order 76-7 (August 3, 1976) is hereby rescinded.

                                           IN WITNESS WHEREOF, I have hereunto set my hand and caused to
                                           be affixed the Great Seal of the State of Arizona.

                                  GOVERNOR
                                       DONE at the Capitol in Phoenix this _____day of February in the Year
                                       of Our Lord One Thousand Nine Hundred and Ninety Eight and of the
                                       Independence of the United States the Two Hundred and Twenty First.


                                           ATTEST:


                                           SECRETARY OF STATE

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