COMMITTEE ON GOVERNMENT
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2437
(Reference to printed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Title 8, chapter 10, article 1, Arizona Revised Statutes, is amended by adding section 8-820, to read:
8-820. Joint legislative committee on children and family services; membership; committee termination
A. The joint legislative committee on children and family services is established consisting of the following members who have an interest in and experience with issues and programs concerning children and family services, including domestic relations, adoption of foster children and temporary assistance for needy families monies:
1. Three members of the senate who are appointed by the president of the senate, not more than two of whom are members of the same political party. The president of the senate shall designate one of these members to serve as cochairperson of the committee.
2. Three members of the house of representatives who are appointed by the speaker of the house of representatives, not more than two of whom are members of the same political party. The speaker of the house of representatives shall designate one of these members to serve as cochairperson of the committee.
3. The director of the department of economic security or the director's designee.
4. The director of the administrative office of the courts or the director's designee.
5. Three public members who are appointed by the governor.
B. The committee shall meet on the call of the cochairpersons, but not more frequently than monthly, except that the committee may not meet more than ten times each year unless the president of the senate and the speaker of the house of representatives agree to additional meetings.
C. The committee shall:
1. Have access to children and family services information controlled by this state on request of a chairperson of the committee or a majority vote of the committee.
2. Provide a forum for persons to express their concerns about state programs that relate to children and family services.
3. Make administrative and legislative recommendations concerning children and family services issues.
4. on or before December 31 of each year, electronically Submit a written report on its work, findings and recommendations to the governor, the president of the senate, the speaker of the house of representatives and the chief justice of the supreme court and provide a copy of this report to the secretary of state.
D. The committee has the authority conferred by law on legislative committees.
E. Each respective legislative house shall reimburse Legislative members of the committee in the same manner provided by law for a member of the legislature who attends a duly called meeting of a standing committee. Nonlegislative members of the committee are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
F. The committee may use the services of legislative staff.
G. The committee established by this section ends on July 1, 2024 pursuant to section 41‑3103.
Sec. 2. Repeal
Section 12-1001, Arizona Revised Statutes, is repealed.
Sec. 3. Section 13-902, Arizona Revised Statutes, is amended to read:
13-902. Periods of probation; monitoring; fees
A. Unless terminated sooner, probation may continue for the following periods:
1. For a class 2 felony, seven years.
2. For a class 3 felony, five years.
3. For a class 4 felony, four years.
4. For a class 5 or 6 felony, three years.
5. For a class 1 misdemeanor, three years.
6. For a class 2 misdemeanor, two years.
7. For a class 3 misdemeanor, one year.
B. Notwithstanding subsection A of this section, unless terminated sooner, probation may continue for the following periods:
1. For a violation of section 28‑1381 or 28‑1382, five years.
2. For a violation of section 28‑1383, ten years.
C. When the court has required, as a condition of probation, that the defendant make restitution for any economic loss related to the defendant's offense and that condition has not been satisfied, the court at any time before the termination or expiration of probation may extend the period within the following limits:
1. For a felony, not more than five years.
2. For a misdemeanor, not more than two years.
D. Notwithstanding any other provision of law, justice courts and municipal courts may impose the probation periods specified in subsection A, paragraphs 5, 6 and 7 and subsection B, paragraph 1 of this section.
E. After conviction of a felony offense or an attempt to commit any offense that is included in chapter 14 or 35.1 of this title or section 13‑2308.01, 13‑2923 or 13‑3623, if probation is available, probation may continue for a term of not less than the term that is specified in subsection A of this section up to and including life and that the court believes is appropriate for the ends of justice.
F. After conviction of a violation of section 13‑3824, subsection A, if a term of probation is imposed and the offense for which the person was required to register was a felony, probation may continue for a term of not less than the term that is specified in subsection A of this section up to and including life and that the court believes is appropriate for the ends of justice.
G. If a person is convicted on or after November 1, 2006 of a dangerous crime against children as defined in section 13‑705, a term of probation is imposed, the person is required to register pursuant to section 13‑3821 and the person is classified as a level three offender pursuant to sections section 13‑3825 and 13‑3826, the court shall require global position system or electronic monitoring for the duration of the term of probation. The court may impose a fee on the probationer to offset the cost of the monitoring device required by this subsection. The fee shall be deposited in the adult probation services fund pursuant to section 12‑267, subsection A, paragraph 3. This subsection does not preclude global position system or electronic monitoring of any other person who is serving a term of probation.
Sec. 4. Section 13-3727, Arizona Revised Statutes, is amended to read:
13-3727. Unlawful residency; persons convicted of criminal offenses; exceptions; preemption; classification
A. It is unlawful for a person who has been convicted of a dangerous crime against children as defined in section 13‑705 or who has been convicted of an offense committed in another jurisdiction that if committed in this state would be a dangerous crime against children as defined in section 13‑705, who is required to register pursuant to section 13‑3821 and who is classified as a level three offender pursuant to sections section 13‑3825 and 13‑3826 to reside within one thousand feet of the real property comprising any of the following:
1. A private school, as defined in section 15‑101, or a public school that provides instruction in kindergarten programs and any combination of kindergarten programs and grades one through eight.
2. A private school, as defined in section 15‑101, or a public school that provides instruction in any combination of grades nine through twelve.
3. A child care facility as defined in section 36‑881.
B. This section does not apply to any of the following:
1. A person who establishes the person's residence before September 19, 2007 or before a new school or child care facility is located.
2. A person who is a minor.
3. A person who is currently serving a term of probation.
4. A person who has had the person's civil rights restored pursuant to chapter 9 of this title.
5. A person who has not been convicted of a subsequent offense in the previous ten years, excluding any time the person was incarcerated in any federal, state, county or local jail or prison facility.
C. Notwithstanding any other law and as a matter of statewide concern, a county, city or town shall not enact an ordinance that provides for distance restrictions greater than those found in this section.
D. For the purposes of subsection A of this section, measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing the person's residence to the nearest point on the property line of a parcel containing a child care facility or a school.
E. A person who violates this section is guilty of a class 1 misdemeanor.
Sec. 5. Section 13-3825, Arizona Revised Statutes, is amended to read:
13-3825. Community notification
A. Within seventy‑two hours after a person who was convicted or adjudicated guilty except insane is released from confinement or who was accepted under the interstate compact for the supervision of parolees and probationers and has arrived in this state, the agency that had custody or responsibility for supervision of the person who was convicted of or adjudicated guilty except insane for committing an offense for which the person was required or ordered by the court to register pursuant to section 13‑3821 or that has accepted supervision under the interstate compact for the supervision of parolees and probationers shall provide all of the following information to the department of public safety by entering all of the following information into the sex offender profile and notification database:
1. The offender's identifying information.
2. A risk assessment of the offender.
3. The offender's date of release from confinement or, if the offender is sentenced to probation without jail time, the date the sentence is imposed.
B. Following the tenth day after the person is released from confinement or, if the offender is sentenced to probation without jail time, the date the sentence is imposed, the department of public safety shall cross‑reference the information the department receives pursuant to subsection A of this section with the sex offender registry to determine if the person is registered as required or ordered by the court pursuant to section 13‑3821. If the person is not registered, the local law enforcement agency or the department of public safety shall request that the county attorney in the county in which the person was convicted or adjudicated guilty except insane petition the court for an arrest warrant to be issued and, if appropriate, notify the interstate compact administrator for this state. If the person is registered, the department of public safety shall forward the information the department received pursuant to subsection A of this section to the sheriff in the county where the person is registered.
C. After receiving the information pursuant to subsection B of this section, the sheriff shall forward the information to the chief law enforcement officer of the community in which the person resides. After reviewing the information received and any other information available to the local law enforcement agency, the local law enforcement agency shall categorize each offender and place each offender into a notification level. Within forty‑five days, the local law enforcement agency shall notify the community of the offender's presence in the community pursuant to the guidelines established by the community notification guidelines committee. If the community does not have a chief law enforcement officer, the sheriff shall perform the duties of the local law enforcement agency.
D. If a person who has been convicted of or adjudicated guilty except insane or not guilty by reason of insanity for an offense in another state registers pursuant to section 13‑3821, subsection A, the sheriff in the county in which the person registers shall forward the information to the chief law enforcement officer of the community in which the person resides. The chief law enforcement officer shall contact the state in which the person was convicted or adjudicated guilty except insane or not guilty by reason of insanity and shall obtain information regarding the person. After reviewing the information received and any other information available, the local law enforcement agency shall complete the risk assessment, shall categorize the person, shall place the person into a notification level and shall enter the information into the computer system. If the law enforcement agency is unable to obtain sufficient information to complete the sex offender community notification risk assessment, the agency shall categorize the offender as a level two offender. Within forty‑five days, the local law enforcement agency shall notify the community of the person's presence in the community pursuant to the guidelines established by the community notification guidelines committee. If the community does not have a chief law enforcement officer, the sheriff shall perform the duties of the local law enforcement agency.
E. On receiving notice pursuant to section 13‑3822 that a person who is required to register has moved from the person's address, the chief law enforcement officer of the community to which the person has relocated may notify that community of the person's relocation to the community, pursuant to subsection C of this section. If the community does not have a local law enforcement agency, the sheriff of the county to which the person has relocated shall notify the community of the person's relocation.
F. In cooperation with the county probation department or the state department of corrections, a law enforcement agency may delegate all or part of the notification process for offenders on community supervision to the county probation department or to the state department of corrections, as appropriate.
G. Information concerning a person who is required to register pursuant to section 13‑3821, who is subject to the provisions of community notification and who is a student at a public or private institution of postsecondary education or who is employed or carries on a vocation, with or without compensation, at a public or private institution of postsecondary education shall be promptly made available by the county sheriff to the law enforcement agency having jurisdiction for performing community notification pursuant to guidelines adopted under section 13‑3826. The law enforcement agency shall notify the institution's administration and shall complete appropriate campus notification pursuant to guidelines adopted under section 13‑3826.
H. This section does not prohibit law enforcement officers from giving a community notice of any circumstances or persons that pose a danger to the community under circumstances that are not provided for under this section.
I. Except as provided in subsection J of this section, this section applies to all persons who are subject to the registration requirements in section 13‑3821 whether or not the person was convicted or adjudicated guilty except insane before or after June 1, 1996.
J. This section does not apply to persons who are subject to the registration requirements in section 13‑3821 as a result of offenses adjudicated by a juvenile court unless ordered by the court.
K. Notwithstanding subsections B and C of this section, the agency that had custody or responsibility for supervision of an offender or the court that sentenced the offender who was convicted of or adjudicated guilty except insane for committing an offense that subjects the offender to the registration requirements of section 13‑3821 and who committed the offense before June 1, 1996 may conduct a risk assessment for the offender as existing resources are available pursuant to guidelines adopted by the community notification guidelines committee pursuant to section 13‑3826. Community notification pursuant to this section and sex offender web site website notification pursuant to section 13‑3827 shall only be conducted after the risk assessment is complete.
L. The court may continue, defer or terminate community notification after a hearing held pursuant to section 13-923.
Sec. 6. Repeal
Section 13-3826, Arizona Revised Statutes, is repealed.
Sec. 7. Section 13-3827, Arizona Revised Statutes, is amended to read:
13-3827. Internet sex offender website; investigation of records; immunity; definition
A. The department of public safety shall establish and maintain an internet sex offender website for offenders whose risk assessment has been determined to be a level two or level three. The purpose of the internet sex offender website is to provide sex offender information to the public.
B. The internet sex offender website shall include the following information for each convicted or adjudicated guilty except insane sex offender in this state who is required to register pursuant to section 13‑3821:
1. The offender's name, address and age.
2. A current photograph.
3. The offense committed and notification level pursuant to section 13‑3826, subsection E, if a risk assessment has been completed pursuant to section 13‑3825.
C. The department of public safety shall annually update on the website the name, address and photograph of each sex offender.
D. The department of public safety shall maintain a separate database and search function on the website that contains any required online identifier of sex offenders whose risk assessments have been determined to be a level two or level three and the name of any website or internet communication service where the required online identifier is being used. This information shall not be publicly connected to the name, address and photograph of a registered sex offender on the website.
E. The department of public safety may disseminate a registered sex offender's required online identifier and the name of any corresponding website or internet communication service to a business or organization that offers electronic communication services for comparison with information that is held by the requesting business or organization. The requesting business or organization shall notify the department of public safety when a comparison of the information indicates that a registered sex offender's required online identifier is being used on the business's or organization's system. The requesting business or organization shall not further disseminate that the person is a registered sex offender.
F. The motor vehicle division of the department of transportation shall send copies of each sex offender's nonoperating identification license or driver license photograph to the department of public safety for inclusion on the sex offender website.
G. The department of public safety shall annually verify the addresses of all sex offender registration records contained within the Arizona criminal justice information system. Before including the address of a sex offender on the website, the department of public safety shall confirm that the address is correct. To confirm a sex offender's address, the department shall conduct a search of the Arizona criminal justice information system. If this search does not provide the necessary confirmation, the department shall use alternative public and private sector resources that are currently used for criminal investigation purposes to confirm the address. The department of public safety is prohibited from using or releasing the information from the alternative public and private sector resources except pursuant to this section. A custodian or public or private sector resource that releases information pursuant to this subsection is not civilly or criminally liable in any action alleging a violation of confidentiality.
H. The department of public safety may petition the superior court for enforcement of subsection G of this section if a public or private sector resource refuses to comply. The court shall grant enforcement if the department has reasonable grounds to believe the records sought to be inspected are relevant to confirming the identity and address of a sex offender.
I. A person who provides or fails to provide information required by this section is not civilly or criminally liable unless the act or omission is wanton or wilful.
J. For the purpose of this section, "required online identifier" means any electronic e‑mail address information or instant message, chat, social networking or other similar internet communication name, but does not include a social security number, date of birth or pin number.
Sec. 8. Repeal
Sections 14‑1110 and 15-1650.01, Arizona Revised Statutes, are repealed.
Sec. 9. Section 15-1901, Arizona Revised Statutes, is amended to read:
15-1901. Authority of governor to enter compact; terms of compact for education; commission termination
The governor is authorized in the name of this state to join with other states legally joining in the compact for education, which compact shall be in the following form:
COMPACT FOR EDUCATION
ARTICLE I‑PURPOSE AND POLICY
Section A. It is the purpose of this compact to:
1. Establish and maintain close cooperation and understanding among executive, legislative, professional educational and lay leadership on a nationwide basis at the state and local levels.
2. Provide a forum for the discussion, development, crystallization and recommendation of public policy alternatives in the field of education.
3. Provide a clearinghouse of information on matters relating to educational problems and how they are being met in different places throughout the nation, so that the executive and legislative branches of state government and of local communities may have ready access to the experience and record of the entire country and so that both lay and professional groups in the field of education may have additional avenues for the sharing of experience and the interchange of ideas in the formation of public policy in education.
4. Facilitate the improvement of state and local educational systems so that they will be able to meet adequate and desirable goals in a society which requires continuous qualitative and quantitative advance in educational opportunities, methods and facilities.
Section B. It is the policy of this compact to encourage and promote local and state initiative in the development, maintenance, improvement and administration of educational systems and institutions in a manner which will accord with the needs and advantages of diversity among localities and states.
Section C. The party states recognize that each has an interest in the quality and quantity of education furnished in each of the other states, as well as in the excellence of its own educational systems and institutions, because of the highly mobile character of individuals within the nation and because the products and services contributing to the health, welfare and economic advancement of each state are supplied in significant part by persons educated in other states.
ARTICLE II‑STATE DEFINED
As used in this compact, "state" means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
ARTICLE III‑THE COMMISSION
Section A. The education commission of the states, hereinafter called "the commission", is hereby established. The commission shall consist of seven members representing each party state. Four shall be members of the state legislature, two selected by the president of the senate and two selected by the speaker of the house of representatives and serving in such manner as the legislature may determine and three shall be appointed by and serve at the pleasure of the governor, unless the laws of the state otherwise provide. In addition to any other principles or requirements which a state may establish for the appointment and service of its members of the commission, the guiding principle for the composition of the membership on the commission from each party state shall be that the members representing the state shall, by virtue of their training, experience, knowledge or affiliations, be in a position collectively to reflect broadly the interests of the state government, higher education, the state education system, local education and lay and professional public and nonpublic educational leadership. Of the gubernatorial appointees, one shall be the head of a state agency or institution, designated by the governor, having responsibility for one or more programs of public education. In addition to the members of the commission representing the party states, there may be, not to exceed ten, nonvoting commissioners selected by the steering committee for terms of one year. The nonvoting commissioners shall represent leading national organizations of professional educators or persons concerned with educational administration.
Section B. The members of the commission shall be entitled to one vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners are present. The commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to article IV and adoption of the annual report pursuant to section J of this article.
Section C. The commission shall have a seal.
Section D. The commission shall elect annually, from among its members, a chairman, who shall be a governor, a vice‑chairman and a treasurer. The commission shall provide for the appointment of an executive director. The executive director shall serve at the pleasure of the commission and, together with the treasurer and such other personnel as the commission may deem appropriate, shall be bonded in such amount as the commission shall determine. The executive director shall be the secretary.
Section E. Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director, subject to the approval of the steering committee, shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the commission and shall fix the duties and compensation of such personnel. The commission in its bylaws shall provide for the personnel policies and programs of the commission.
Section F. The commission may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States or any subdivision or agency of such governments, or from any agency of two or more of the party jurisdictions or their subdivisions.
Section G. The commission may accept for any of its purposes and functions under this compact any and all donations and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States or any other governmental agency or from any person, firm, association, foundation or corporation and may receive, utilize and dispose of the same. Any donation or grant accepted by the commission pursuant to this section or services borrowed pursuant to section F of this article shall be reported in the annual report of the commission. The report shall include the nature, amount and conditions of the donation, grant or services borrowed and the identity of the donor or lender.
Section H. The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold and convey real and personal property and any interest therein.
Section I. The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind such bylaws. The commission shall publish its bylaws in convenient form and shall file a copy of the bylaws and a copy of any amendment to the bylaws with the appropriate agency or officer in each of the party states.
Section J. The commission annually shall make to the governor and legislature of each party state a report covering the activities of the commission for the preceding year. The commission may make such additional reports as it may deem desirable.
Section K. Arizona's participation in the commission established by this section ends on July 1, 2020 pursuant to section 41-3103.
ARTICLE IV‑POWERS
In addition to authority conferred on the commission by other provisions of the compact, the commission shall have authority to:
1. Collect, correlate, analyze and interpret information and data concerning educational needs and resources.
2. Encourage and foster research in all aspects of education, but with special reference to the desirable scope of instruction, organization, administration and instructional methods and standards employed or suitable for employment in public educational systems.
3. Develop proposals for adequate financing of education as a whole and at each of its many levels.
4. Conduct or participate in research of the types referred to in this article in any instance where the commission finds that such research is necessary for the advancement of the purposes and policies of this compact, utilizing fully the resources of national associations, regional compact organizations for higher education and other agencies and institutions, both public and private.
5. Formulate suggested policies and plans for the improvement of public education as a whole, or for any segment of public education, and make recommendations with respect thereto available to the appropriate governmental units, agencies and public officials.
6. Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this compact.
ARTICLE V‑COOPERATION WITH FEDERAL GOVERNMENT
Section A. If the laws of the United States specifically so provide, or if administrative provision is made therefor within the federal government, the United States may be represented on the commission by not to exceed ten representatives. Any representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law and may be drawn from any one or more branches of the federal government, but no such representative shall have a vote on the commission.
Section B. The commission may provide information and make recommendations to any executive or legislative agency or officer of the federal government concerning the common educational policies of the states and may advise with any such agencies or officers concerning any matter of mutual interest.
ARTICLE VI‑COMMITTEES
Section A. To assist in the expeditious conduct of its business when the full commission is not meeting, the commission shall elect a steering committee of thirty‑two members which, subject to the provisions of this compact and consistent with the policies of the commission, shall be constituted and function as provided in the bylaws of the commission. One‑fourth of the voting membership of the steering committee shall consist of governors, one‑fourth shall consist of legislators and the remainder shall consist of other members of the commission. A federal representative on the commission may serve with the steering committee, but without vote. The voting members of the steering committee shall serve for terms of two years, except that members elected to the first steering committee of the commission shall be elected as follows: sixteen for one year and sixteen for two years. The chairman, vice‑chairman and treasurer of the commission shall be members of the steering committee and, anything in this section to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, but the commission at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than two terms as a member of the steering committee, provided that service for a partial term of one year or less shall not be counted toward the two term limitation.
Section B. The commission may establish advisory and technical committees composed of state, local and federal officials and private persons to advise it with respect to any one or more of its functions. Any advisory or technical committee may, on request of the states concerned, be established to consider any matter of special concern to two or more of the party states.
Section C. The commission may establish such additional committees as its bylaws may provide.
ARTICLE VII‑FINANCE
Section A. The commission shall advise the governor or designated officer or officers of each party state of its budget and estimated expenditures for such period as may be required by the laws of that party state. Each of the commissioner's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states.
Section B. The total amount of appropriation requests under any budget shall be apportioned among the party states. In making the apportionment, the commission shall devise and employ a formula which takes equitable account of the populations and per capita income levels of the party states.
Section C. The commission shall not pledge the credit of any party state. The commission may meet any of its obligations in whole or in part with funds available to it pursuant to article III, section G of this compact, provided that the commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it pursuant to article III, section G, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.
Section D. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established by its bylaws. All receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the commission.
Section E. The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission.
Section F. Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.
ARTICLE VIII‑ELIGIBLE PARTIES; ENTRY INTO AND WITHDRAWAL
Section A. This compact shall have as eligible parties all states, territories and possessions of the United States, the District of Columbia and the Commonwealth of Puerto Rico. In respect of any such jurisdiction not having a governor, the term "governor", as used in this compact, shall mean the closest equivalent official of such jurisdiction.
Section B. Any state or other eligible jurisdiction may enter into this compact, and it shall become binding when it has adopted the compact.
Section C. Any party state may withdraw from this compact by enacting a statute repealing the compact. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.
ARTICLE IX‑CONSTRUCTION AND SEVERABILITY
The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States, or if the application thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability of the compact to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters.
Sec. 10. Repeal
Sections 25-323.01 and 25-323.02, Arizona Revised Statutes, are repealed.
Sec. 11. Section 25-406, Arizona Revised Statutes, is amended to read:
25-406. Investigations and reports
A. In contested legal decision-making and parenting time proceedings, and in other custody proceedings if a parent or the child's custodian so requests, the court may order an investigation and report concerning legal decision-making or parenting time arrangements for the child. The investigation and report may be made by the court social service agency, the staff of the juvenile court, the local probation or welfare department or a private person. The report must include a written affirmation by the person completing the report that the person has met the training requirements prescribed in subsection C of this section.
B. If an investigation and report are ordered pursuant to this section or if the court appoints a family court advisor, the court shall allocate cost based on the financial circumstances of both parties.
C. The court shall require a court appointed attorney for a child, a court appointed advisor or any person who conducts an investigation or prepares a report pursuant to this section to receive training that meets the following minimum standards prescribed by the domestic relations committee established pursuant to section 25‑323.02 as follows:
1. Six initial hours of training on domestic violence.
2. Six initial hours of child abuse training.
3. Four subsequent hours of training every two years on domestic violence and child abuse.
D. A person who has completed professional training to become licensed or certified may use that training to completely or partially fulfill the requirements in subsection C of this section if the training included at least six hours each on domestic violence and child abuse and meets the minimum standards prescribed by the domestic relations committee. Subsequent professional training in these subject matters may be used to partially or completely fulfill the training requirements prescribed in subsection C of this section if the training meets the minimum standards prescribed by the domestic relations committee.
E. A physician who is licensed pursuant to title 32, chapter 13 or 17 is exempt from the training requirements prescribed in subsection C of this section.
F. In preparing a report concerning a child, the investigator may consult any person who may have information about the child or the child's potential legal decision-making and parenting time arrangements.
G. The court shall mail the investigator's report to counsel at least ten days before the hearing. The investigator shall make available to counsel the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call for examination of the investigator and any person consulted by the investigator.
Sec. 12. Section 28-1303, Arizona Revised Statutes, is amended to read:
28-1303. Oversight council on driving or operating under the influence abatement; council termination
A. The oversight council on driving or operating under the influence abatement is established consisting of the following ten members:
1. The director of the department of public safety or the director's designee.
2. The assistant director for the motor vehicle division of the department of transportation or the assistant director's designee.
3. The director of the governor's office of highway safety.
4. One member of the public who is appointed by the governor.
5. One member of the public who is appointed by the speaker of the house of representatives.
6. One member of the public who is appointed by the president of the senate.
7. One municipal law enforcement member who is appointed by the governor on the recommendation of an Arizona association of chiefs of police.
8. One county law enforcement member who is appointed by the governor on the recommendation of an Arizona county sheriff's association.
9. One city prosecutor who is appointed by the governor on the recommendation of the Arizona prosecuting attorney's advisory council.
10. One county attorney who is appointed by the governor on the recommendation of the Arizona prosecuting attorney's advisory council.
B. Members appointed pursuant to subsection A, paragraphs 4, 5, 6, 7, 8, 9 and 10 of this section serve three-year staggered terms.
C. Members appointed pursuant to subsection A, paragraphs 1, 2 and 3 of this section shall serve as advisory nonvoting members of the council.
D. The voting members of the council shall annually elect a chairperson from among the members.
E. Members of the council are not eligible to receive compensation, but members who are appointed pursuant to subsection A, paragraphs 4, 5, 6, 7, 8, 9 and 10 of this section are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
F. The oversight council on driving or operating under the influence abatement may use the facilities for meeting and the staff of the Arizona criminal justice commission.
G. The oversight council on driving or operating under the influence abatement may enter into interagency agreements with the Arizona criminal justice commission and other agencies for agency business.
H. The council shall:
1. Make grants from the driving under the influence abatement fund established by section 28‑1304 to political subdivisions and tribal governments that apply for monies for enforcement purposes, prosecutorial and judicial activities and alcohol abuse treatment services related to preventing and abating driving or operating under the influence occurrences in a motor vehicle or a motorized watercraft as defined in section 5‑301.
2. Make grants from the driving under the influence abatement fund established by section 28‑1304 to innovative programs that use emerging technologies to educate, prevent or deter occurrences of driving or operating under the influence in a motor vehicle or a motorized watercraft.
3. Receive quarterly reports from the entities receiving grants and evaluate their effectiveness. The council may make additional grants to the recipients and oversee the progress of those programs.
4. On or before December 1 of each year, submit a written report on the effectiveness of the grants provided in reducing the incidence of driving or operating under the influence to the governor, the speaker of the house of representatives and the president of the senate and shall provide a copy of this report to the secretary of state and the director of the Arizona state library, archives and public records.
I. The council established by this section ends on July 1, 2024 pursuant to section 41‑3103.
Sec. 13. Repeal
Section 36-779, Arizona Revised Statutes, is repealed.
Sec. 14. Section 38-618, Arizona Revised Statutes, is amended to read:
38-618. Performance based incentives program
A. The director of the department of administration and the executive director of the Arizona board of regents may establish a performance based incentives program to promote efficiency and effectiveness in state government. The director of the department of administration shall identify state agencies and the executive director of the Arizona board of regents shall identify state universities in which to implement the program.
B. The director of the department of administration and the executive director of the Arizona board of regents shall cooperate with the directors of agencies and the presidents of the identified universities, respectively, to:
1. Develop a performance based appraisal system of state employee performance that is based on agency or university goals and objectives, as identified and approved by the agency's or university's employees, supervisors, director or president.
2. Authorize all agency directors and university presidents participating in the program to recognize the performance of state employees, who are under their authority, based on the outcome of the appraisal conducted pursuant to paragraph 1 of this subsection.
C. The director of the department of administration shall cooperate with the director of the department of public safety, the superintendent of public instruction and the superintendent of the state schools for the deaf and the blind to implement the performance based incentives program. The executive director of the Arizona board of regents shall cooperate with the president of each university under the jurisdiction of the Arizona board of regents to implement the performance based incentives program.
D. Notwithstanding section 35‑174, subsection B, the director of the department of administration, the director of the department of public safety, the executive director of the Arizona board of regents, the superintendent of public instruction and the superintendent of the state schools for the deaf and the blind may authorize the expenditure of up to eighty per cent of excess vacancy savings to recognize employees of state agencies and state universities who are under their respective authority and who are participating in the performance based incentives program. In addition to excess vacancy savings, the participating agency or university may use monies appropriated from the state general fund or other sources, including federal enhanced funding an agency or university receives for quality initiatives. Federal enhanced monies do not revert to the state general fund but remain in a separate agency or university account at the end of the fiscal year for use by the agency or university in accordance with the terms and conditions imposed by the federal funding source. For the purposes of this subsection, "excess vacancy savings" means the same as "vacancy saving" as defined in section 35‑174, subsection A, except that |excess vacancy savings| are any vacancy savings that are over and above the amount eliminated from an agency's budget as the result of the applied vacancy factor reported in the annual appropriations report prepared by the joint legislative budget committee.
E. As provided for in subsection D of this section, any incentive or performance compensation using monies from excess vacancy savings or other fund sources including state general fund appropriations shall not be added to an agency's salary base.
F. Recognition of state employees may be in the form of increase in compensation for future services, but the increase may not exceed two hundred seventy-five dollars per month per employee.
G. On or before December 1 of each even‑numbered year:
1. The director of the department of administration, in cooperation with the director of the department of public safety, the superintendent of public instruction and the superintendent of the state schools for the deaf and the blind, shall provide the performance based incentives program oversight committee with a report on the implementation or progress of an approved program and the expenditures of each participating agency related to the program.
2. The executive director of the Arizona board of regents, in cooperation with the president of each university under the jurisdiction of the Arizona board of regents, shall provide the performance based incentives program oversight committee with a report on the implementation or progress of an approved program and the expenditures of each participating university related to the program.
H. G. An approved program shall notify the performance based incentives program oversight committee and, as applicable, the director of the department of administration or the executive director of the Arizona board of regents when it makes any substantive changes to the approved program.
Sec. 15. Repeal
Section 38-619, Arizona Revised Statutes, is repealed.
Sec. 16. Section 41-108, Arizona Revised Statutes, is amended to read:
41-108. Interstate compact to build border fence; requirements
A. The governor may enter into a compact with other states to provide for the construction and maintenance of a secure fence along the Arizona‑Mexico border line that is located on private, state or federal property if permitted. The governor may enter into such a compact as part of any broader compact relating to the same or similar issue. A compact entered into pursuant to this section shall contain at least the following:
1. A provision making it available for joinder by all states.
2. A provision for withdrawal from the compact on written notice to the parties no sooner than one year after the date of the notice.
3. A provision for the establishment of an organization:
(a) To administer and manage the construction and maintenance of the border fence.
(b) To administer any monies obtained for the construction and maintenance of the border fence.
4. A provision that provides for a state to develop the state's own funding mechanism to construct and maintain the border fence through private or public donations from whatever source and that is administered by the organization established pursuant to paragraph 3 of this subsection.
5. A requirement that a state use correctional inmates as well as private contractors to construct and maintain the border fence.
6. The option to construct and maintain the secure fence on state or federal land.
7. Other provisions necessary to implement the compact.
B. If this state does not enter into the compact authorized by subsection A of this section, this state may still construct and maintain a secure fence along the Arizona‑Mexico border line that is located on private, state or federal property if permitted. Subsection A, paragraph 4, regarding developing the state's own funding mechanism, and paragraphs 5 and 6 of this section apply to the border fence.
C. The joint border security advisory committee is established consisting of the following members:
1. The president of the senate or the president's designee as a nonvoting member.
2. The speaker of the house of representatives or the speaker's designee as a nonvoting member.
3. Two members of the house of representatives who are appointed by the speaker of the house of representatives as nonvoting members.
4. Two members of the senate who are appointed by the president of the senate as nonvoting members.
5. Six members who are appointed by the governor.
6. A county sheriff from a county that has a population of more than three million persons.
7. A county sheriff from a county that has a population of more than three hundred thousand persons but less than six hundred thousand persons.
8. A county sheriff from a county that is located along the Arizona‑Mexico border and that has a population of more than one hundred thousand persons but less than one hundred fifty thousand persons.
9. A county sheriff from a county that is located along the Arizona‑Mexico border and that has a population of at least one hundred fifty thousand persons but less than six hundred thousand persons.
D. Committee members are not eligible to receive compensation or reimbursement of expenses for committee activities.
E. The president and the speaker of the house of representatives shall each appoint a cochairperson of the committee.
F. The committee shall meet on the call of the two cochairpersons, but no more frequently than monthly.
G. The committee may:
1. Take testimony and other evidence regarding the international border with Mexico.
2. Analyze border crossing statistics.
3. Analyze related crime statistics.
4. Make recommendations designed to increase border security.
5. Administer and manage the construction and maintenance of the border fence.
6. Make other recommendations deemed essential by the committee.
H. The committee may use the services of legislative staff as required.
I. Beginning November 30, 2011 and each month thereafter, the committee shall submit a written report of its findings and recommendations to the speaker of the house of representatives, the president of the senate and the governor. The committee shall provide a copy of the report to the secretary of state.
J. Notwithstanding any law to the contrary, the committee may vote to go into executive session to take testimony or evidence it considers sensitive or confidential in nature, which if released could compromise the security or safety of law enforcement or military personnel or a law enforcement or national guard law enforcement support operation.
K. The border security trust fund is established consisting of monies collected pursuant to this section. The state treasurer shall administer the trust fund as trustee for the purposes of the compact entered into pursuant to subsection A of this section or for the purposes of subsection B of this section. The compact entered into pursuant to subsection A of this section or the border fence pursuant to subsection B of this section is the beneficiary of the trust fund. All monies in the trust fund shall be used exclusively to carry out the purposes of this section. The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, which are considered to be trust monies as defined in section 35‑310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. The state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35‑313 and 35‑314.03, and monies earned from investment shall be credited to the trust fund. Monies in the trust fund are subject to legislative appropriation and are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
Sec. 17. Section 41-1001, Arizona Revised Statutes, is amended to read:
41-1001. Definitions
In this chapter, unless the context otherwise requires:
1. "Agency" means any board, commission, department, officer or other administrative unit of this state, including the agency head and one or more members of the agency head or agency employees or other persons directly or indirectly purporting to act on behalf or under the authority of the agency head, whether created under the Constitution of Arizona or by enactment of the legislature. Agency does not include the legislature, the courts or the governor. Agency does not include a political subdivision of this state or any of the administrative units of a political subdivision, but does include any board, commission, department, officer or other administrative unit created or appointed by joint or concerted action of an agency and one or more political subdivisions of this state or any of their units. To the extent an administrative unit purports to exercise authority subject to this chapter, an administrative unit otherwise qualifying as an agency must be treated as a separate agency even if the administrative unit is located within or subordinate to another agency.
2. "Code" means the Arizona administrative code.
3. "Committee" means the administrative rules oversight committee.
4. 3. "Contested case" means any proceeding, including rate making, price fixing and licensing, in which the legal rights, duties or privileges of a party are required or permitted by law, other than this chapter, to be determined by an agency after an opportunity for an administrative hearing.
5. 4. "Council" means the governor's regulatory review council.
6. 5. "Delegation agreement" means an agreement between an agency and a political subdivision that authorizes the political subdivision to exercise functions, powers or duties conferred on the delegating agency by a provision of law. Delegation agreement does not include intergovernmental agreements entered into pursuant to title 11, chapter 7, article 3.
7. 6. "Emergency rule" means a rule that is made pursuant to section 41‑1026.
8. 7. "Fee" means a charge prescribed by an agency for an inspection or for obtaining a license.
9. 8. "Final rule" means any rule filed with the secretary of state and made pursuant to an exemption from this chapter in section 41‑1005, made pursuant to section 41‑1026, approved by the council pursuant to section 41‑1052 or 41‑1053 or approved by the attorney general pursuant to section 41‑1044. For purposes of judicial review, final rule includes expedited rules pursuant to section 41‑1027.
10. 9. "General permit" means a regulatory permit, license or agency authorization that is for facilities, activities or practices in a class that are substantially similar in nature and that is issued or granted by an agency to a qualified applicant to conduct identified operations or activities if the applicant meets the applicable requirements of the general permit, that requires less information than an individual or traditional permit, license or authorization and that does not require a public hearing.
11. 10. "License" includes the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law, but does not include a license required solely for revenue purposes.
12. 11. "Licensing" includes the agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license.
13. 12. "Party" means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party.
14. 13. "Person" means an individual, partnership, corporation, association, governmental subdivision or unit of a governmental subdivision, a public or private organization of any character or another agency.
15. 14. "Preamble" means:
(a) For any rule making subject to this chapter, a statement accompanying the rule that includes:
(i) Reference to the specific statutory authority for the rule.
(ii) The name and address of agency personnel with whom persons may communicate regarding the rule.
(iii) An explanation of the rule, including the agency's reasons for initiating the rule making.
(iv) A reference to any study relevant to the rule that the agency reviewed and either proposes to rely on in its evaluation of or justification for the rule or proposes not to rely on in its evaluation of or justification for the rule, where the public may obtain or review each study, all data underlying each study and any analysis of each study and other supporting material.
(v) The economic, small business and consumer impact summary, or in the case of a proposed rule, a preliminary summary and a solicitation of input on the accuracy of the summary.
(vi) A showing of good cause why the rule is necessary to promote a statewide interest if the rule will diminish a previous grant of authority of a political subdivision of this state.
(vii) Such other matters as are prescribed by statute and that are applicable to the specific agency or to any specific rule or class of rules.
(b) In addition to the information set forth in subdivision (a) of this paragraph, for a proposed rule, the preamble also shall include a list of all previous notices appearing in the register addressing the proposed rule, a statement of the time, place and nature of the proceedings for the making, amendment or repeal of the rule and where, when and how persons may request an oral proceeding on the proposed rule if the notice does not provide for one.
(c) In addition to the information set forth in subdivision (a) of this paragraph, for an expedited rule, the preamble also shall include a statement of the time, place and nature of the proceedings for the making, amendment or repeal of the rule and an explanation of why expedited proceedings are justified.
(d) For a final rule, except an emergency rule, the preamble also shall include, in addition to the information set forth in subdivision (a) of this paragraph, the following information:
(i) A list of all previous notices appearing in the register addressing the final rule.
(ii) A description of the changes between the proposed rules, including supplemental notices and final rules.
(iii) A summary of the comments made regarding the rule and the agency response to them.
(iv) A summary of the council's action on the rule.
(v) A statement of the rule's effective date.
(e) In addition to the information set forth in subdivision (a) of this paragraph, for an emergency rule, the preamble also shall include an explanation of the situation justifying the rule being made as an emergency rule, the date of the attorney general's approval of the rule and a statement of the emergency rule's effective date.
16. 15. "Provision of law" means the whole or a part of the federal or state constitution, or of any federal or state statute, rule of court, executive order or rule of an administrative agency.
17. 16. "Register" means the Arizona administrative register.
18. 17. "Rule" means an agency statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of an agency. Rule includes prescribing fees or the amendment or repeal of a prior rule but does not include intra‑agency memoranda that are not delegation agreements.
19. 18. "Rule making" means the process for formulation and finalization of a rule.
20. 19. "Small business" means a concern, including its affiliates, which is independently owned and operated, which is not dominant in its field and which employs fewer than one hundred full‑time employees or which had gross annual receipts of less than four million dollars in its last fiscal year. For purposes of a specific rule, an agency may define small business to include more persons if it finds that such a definition is necessary to adapt the rule to the needs and problems of small businesses and organizations.
21. 20. "Substantive policy statement" means a written expression which informs the general public of an agency's current approach to, or opinion of, the requirements of the federal or state constitution, federal or state statute, administrative rule or regulation, or final judgment of a court of competent jurisdiction, including, where appropriate, the agency's current practice, procedure or method of action based upon that approach or opinion. A substantive policy statement is advisory only. A substantive policy statement does not include internal procedural documents which only affect the internal procedures of the agency and does not impose additional requirements or penalties on regulated parties, confidential information or rules made in accordance with this chapter.
Sec. 18. Section 41-1001.01, Arizona Revised Statutes, is amended to read:
41-1001.01. Regulatory bill of rights
A. To ensure fair and open regulation by state agencies, a person:
1. Is eligible for reimbursement of fees and other expenses if the person prevails by adjudication on the merits against an agency in a court proceeding regarding an agency decision as provided in section 12‑348.
2. Is eligible for reimbursement of the person's costs and fees if the person prevails against any agency in an administrative hearing as provided in section 41‑1007.
3. Is entitled to have an agency not charge the person a fee unless the fee for the specific activity is expressly authorized as provided in section 41‑1008.
4. Is entitled to receive the information and notice regarding inspections prescribed in section 41‑1009.
5. May review the full text or summary of all rule making activity, the summary of substantive policy statements and the full text of executive orders in the register as provided in article 2 of this chapter.
6. May participate in the rule making process as provided in articles 3, 4, 4.1 and 5 of this chapter, including:
(a) Providing written comments or testimony on proposed rules to an agency as provided in section 41‑1023 and having the agency adequately address those comments as provided in section 41‑1052, subsection D, including comments or testimony concerning the information contained in the economic, small business and consumer impact statement.
(b) Filing an early review petition with the governor's regulatory review council as provided in article 5 of this chapter.
(c) Providing written comments or testimony on rules to the governor's regulatory review council during the mandatory sixty-day comment period as provided in article 5 of this chapter.
7. Is entitled to have an agency not base a licensing decision in whole or in part on licensing conditions or requirements that are not specifically authorized by statute, rule or state tribal gaming compact as provided in section 41‑1030, subsection B.
8. Is entitled to have an agency not make a rule under a specific grant of rule making authority that exceeds the subject matter areas listed in the specific statute or not make a rule under a general grant of rule making authority to supplement a more specific grant of rule making authority as provided in section 41‑1030, subsection C.
9. May allege that an existing agency practice or substantive policy statement constitutes a rule and have that agency practice or substantive policy statement declared void because the practice or substantive policy statement constitutes a rule as provided in section 41‑1033.
10. May file a complaint with the administrative rules oversight committee concerning:
(a) A rule's, practice's or substantive policy statement's lack of conformity with statute or legislative intent as provided in section 41‑1047.
(b) An existing statute, rule, practice alleged to constitute a rule or substantive policy statement that is alleged to be duplicative or onerous as provided in section 41‑1048.
11. 10. May have the person's administrative hearing on contested cases and appealable agency actions heard by an independent administrative law judge as provided in articles 6 and 10 of this chapter.
12. 11. May have administrative hearings governed by uniform administrative appeal procedures as provided in articles 6 and 10 of this chapter and may appeal a final administrative decision by filing a notice of appeal pursuant to title 12, chapter 7, article 6.
13. 12. May have an agency approve or deny the person's license application within a predetermined period of time as provided in article 7.1 of this chapter.
14. 13. Is entitled to receive written notice from an agency on denial of a license application:
(a) That justifies the denial with references to the statutes or rules on which the denial is based as provided in section 41‑1076.
(b) That explains the applicant's right to appeal the denial as provided in section 41‑1076.
15. 14. Is entitled to receive information regarding the license application process before or at the time the person obtains an application for a license as provided in sections 41‑1001.02 and 41‑1079.
16. 15. May receive public notice and participate in the adoption or amendment of agreements to delegate agency functions, powers or duties to political subdivisions as provided in section 41‑1026.01 and article 8 of this chapter.
17. 16. May inspect all rules and substantive policy statements of an agency, including a directory of documents, in the office of the agency director as provided in section 41‑1091.
18. 17. May file a complaint with the office of the ombudsman‑citizens aide to investigate administrative acts of agencies as provided in chapter 8, article 5 of this title.
19. 18. Unless specifically authorized by statute, may expect state agencies to avoid duplication of other laws that do not enhance regulatory clarity and to avoid dual permitting to the extent practicable as prescribed in section 41‑1002.
B. The enumeration of the rights listed in subsection A of this section does not grant any additional rights that are not prescribed in the sections referenced in subsection A of this section.
Sec. 19. Section 41-1002, Arizona Revised Statutes, is amended to read:
41-1002. Applicability and relation to other law
A. This article and articles 2 through, 3, 4 and 5 of this chapter apply to all agencies and all proceedings not expressly exempted.
B. This chapter creates only procedural rights and imposes only procedural duties. They are in addition to those created and imposed by other statutes. To the extent that any other statute would diminish a right created or duty imposed by this chapter, the other statute is superseded by this chapter, unless the other statute expressly provides otherwise.
C. An agency may grant procedural rights to persons in addition to those conferred by this chapter so long as rights conferred on other persons by any provision of law are not substantially prejudiced.
D. Unless specifically authorized by statute, an agency shall avoid duplication of other laws that do not enhance regulatory clarity and shall avoid dual permitting to the extent practicable.
Sec. 20. Section 41-1024, Arizona Revised Statutes, is amended to read:
41-1024. Time and manner of rule making
A. An agency may not submit a rule to the council until the rule making record is closed.
B. Within one hundred twenty days after the close of the record on the proposed rule making, an agency shall take one of the following actions:
1. Submit the rule to the council or, if the rule is exempt pursuant to section 41‑1057, to the attorney general.
2. Terminate the proceeding by publication of a notice to that effect in the register.
C. Before submitting a rule to the council or the attorney general, an agency shall consider the written submissions, the oral submissions or any memorandum summarizing oral submissions and the economic, small business and consumer impact statement regarding the rule or information in the preamble.
D. Within the scope of its delegated authority, an agency may use its own experience, technical competence, specialized knowledge and judgment in the making of a rule.
E. Unless exempted by section 41‑1005 or 41‑1057 or unless the rule is an emergency rule made pursuant to section 41‑1026, if the agency chooses to make the rule, the agency shall submit a rule package to the council and to the committee. The rule package shall include:
1. The preamble.
2. The exact words of the rule, including existing language and any deletions.
3. The economic, small business and consumer impact statement.
F. If the rule is exempt pursuant to section 41‑1005, the agency shall file it as a final rule with the secretary of state.
G. If the rule is exempt from council approval, pursuant to section 41‑1057, the agency shall submit the rule package set forth in subsection E of this section to the attorney general for approval pursuant to section 41‑1044.
H. An agency shall not file a final rule with the secretary of state without prior approval from the council, unless the final rule is exempted pursuant to section 41‑1005 or 41‑1057 or the rule is an emergency rule made pursuant to section 41‑1026 or an expedited rule made pursuant to section 41‑1027.
Sec. 21. Section 41-1030, Arizona Revised Statutes, is amended to read:
41-1030. Invalidity of rules not made according to this chapter; prohibited agency action
A. A rule is invalid unless it is made and approved in substantial compliance with sections 41‑1021 through 41‑1029 and articles 4, 4.1 and 5 of this chapter, unless otherwise provided by law.
B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition.
C. An agency shall not:
1. Make a rule under a specific grant of rule making authority that exceeds the subject matter areas listed in the specific statute authorizing the rule.
2. Make a rule under a general grant of rule making authority to supplement a more specific grant of rule making authority.
Sec. 22. Section 41-1052, Arizona Revised Statutes, is amended to read:
41-1052. Council review and approval
A. Before filing a final rule subject to this section with the secretary of state, an agency shall prepare, transmit to the council and the committee and obtain the council's approval of the rule and its preamble and economic, small business and consumer impact statement that meets the requirements of section 41‑1055. The governor's office of strategic planning and budgeting shall prepare the economic, small business and consumer impact statement if the legislature appropriates monies for this purpose.
B. The council shall accept an early review petition of a proposed rule, in whole or in part, if the proposed rule is alleged to violate any of the criteria prescribed in subsection D of this section and if the early petition is filed by a person who would be adversely impacted by the proposed rule. The council may determine whether the proposed rule, in whole or in part, violates any of the criteria prescribed in subsection D of this section.
C. Within one hundred twenty days of receipt of the rule, preamble and economic, small business and consumer impact statement, the council shall review and approve or return, in whole or in part, the rule, preamble or economic, small business and consumer impact statement. An agency may resubmit a rule, preamble or economic, small business and consumer impact statement if the council returns the rule, economic, small business and consumer impact statement or preamble, in whole or in part, to the agency.
D. The council shall not approve the rule unless:
1. The economic, small business and consumer impact statement contains information from the state, data and analysis prescribed by this article.
2. The economic, small business and consumer impact statement is generally accurate.
3. The probable benefits of the rule outweigh within this state the probable costs of the rule and the agency has demonstrated that it has selected the alternative that imposes the least burden and costs to persons regulated by the rule, including paperwork and other compliance costs, necessary to achieve the underlying regulatory objective.
4. The rule is written in a manner that is clear, concise and understandable to the general public.
5. The rule is not illegal, inconsistent with legislative intent or beyond the agency's statutory authority.
6. The agency adequately addressed, in writing, the comments on the proposed rule and any supplemental proposals.
7. The rule is not a substantial change, considered as a whole, from the proposed rule and any supplemental notices.
8. The preamble discloses a reference to any study relevant to the rule that the agency reviewed and either did or did not rely on in the agency's evaluation of or justification for the rule.
9. The rule is not more stringent than a corresponding federal law unless there is statutory authority to exceed the requirements of that federal law.
10. If a rule requires a permit, the permitting requirement complies with section 41‑1037.
E. The council shall verify that a rule with new fees does not violate section 41‑1008. The council shall not approve a rule that contains a fee increase unless two‑thirds of the voting quorum present vote to approve the rule.
F. The council shall verify that a rule with an immediate effective date complies with section 41‑1032. The council shall not approve a rule with an immediate effective date unless two‑thirds of the voting quorum present vote to approve the rule.
G. If the rule relies on scientific principles or methods, including a study disclosed pursuant to subsection D, paragraph 8 of this section, and a person submits an analysis to the council questioning whether the rule is based on valid scientific or reliable principles or methods, the council shall not approve the rule unless the council determines that the rule is based on valid scientific or reliable principles or methods that are specific and not of a general nature. In making a determination of reliability or validity, the council shall consider the following factors as applicable to the rule:
(a) The authors of the study, principle or method have subject matter knowledge, skill, experience, training and expertise.
(b) The study, principle or method is based on sufficient facts or data.
(c) The study is the product of reliable principles and methods.
(d) The study and its conclusions, principles or methods have been tested or subjected to peer reviewed publications.
(e) The known or potential error rate of the study, principle or method has been identified along with its basis.
(f) The methodology and approach of the study, principle or method are generally accepted in the scientific community.
H. The council may require a representative of an agency whose rule is under examination to attend a council meeting and answer questions. The council may also communicate to the agency its comments on any rule, preamble or economic, small business and consumer impact statement and require the agency to respond to its comments in writing.
I. At any time during the thirty days immediately following receipt of the rule, a person may submit written comments to the council that are within the scope of subsection D, E, F or G of this section. The council may permit testimony at a council meeting within the scope of subsection D, E, F or G of this section.
J. If the agency makes a good faith effort to comply with the requirements prescribed in this article and has explained in writing the methodology used to produce the economic, small business and consumer impact statement, the rule may not be invalidated after it is finalized on the ground that the contents of the economic, small business and consumer impact statement are insufficient or inaccurate or on the ground that the council erroneously approved the rule, except as provided by section 41‑1056.01.
K. The absence of comments pursuant to subsection D, E, F or G of this section or article 4.1 of this chapter does not prevent the council from acting pursuant to this section.
L. The council shall review and approve or reject a notice of proposed expedited rule making pursuant to section 41‑1027.
Sec. 23. Section 41-1053, Arizona Revised Statutes, is amended to read:
41-1053. Council review of expedited rules
A. After receipt of the expedited rule package from the agency, the council shall place the expedited rule on its consent agenda for approval unless a member of the council or the committee requests a hearing.
B. If a hearing is requested, the council shall act on the expedited rule pursuant to section 41‑1052 or shall remand the expedited rule to the agency for initiation of a rule making pursuant to sections 41‑1022, 41‑1023 and 41‑1024.
C. The council, at any time a proposed expedited rule is pending, may disapprove the expedited rule making and order initiation of a regular rule making pursuant to sections 41‑1022, 41‑1023 and 41‑1024.
Sec. 24. Repeal
A. Title 41, chapter 6, article 4.1, Arizona Revised Statutes, is repealed.
B. Title 41, chapter 7, articles 12 and 13, Arizona Revised Statutes, are repealed.
Sec. 25. Section 41-1502, Arizona Revised Statutes, is amended to read:
41-1502. Arizona commerce authority; board of directors; conduct of office; audit
A. The Arizona commerce authority is established. The mission of the authority is to provide private sector leadership in growing and diversifying the economy of this state, creating high quality employment in this state through expansion, attraction and retention of businesses and marketing this state for the purpose of expansion, attraction and retention of businesses.
B. The authority shall be governed by a board of directors consisting of:
1. The governor, who serves as chairperson.
2. The chief executive officer.
3. Seventeen private sector business leaders who are chief executive officers of private, for-profit enterprises. None of these members may be an elected official of any government entity. These members must be appointed from geographically diverse areas of this state and not all from the same county. These members shall serve staggered three-year terms of office beginning and ending on the third Monday in January. These members shall be appointed as follows:
(a) Nine members who are appointed by the governor.
(b) Four members who are appointed by the president of the senate.
(c) Four members who are appointed by the speaker of the house of representatives.
4. The following as ex officio members without the power to vote:
(a) The president of the senate.
(b) The speaker of the house of representatives.
(c) The president of the Arizona board of regents.
(d) The president of each state university under the jurisdiction of the Arizona board of regents.
(e) One president of a community college who is appointed by a statewide organization of community college presidents.
(f) The chairperson of the Arizona aerospace and defense commission established by article 6 of this chapter.
(g) (f) The chairperson of the governor's council on small business, or its successor.
(h) (g) The chairperson of the governor's council on workforce policy, if established by executive order pursuant to section 41-1542.
(i) (h) One member of the rural business development advisory council established by section 41-1505 who is appointed by the governor.
(j) (i) The president of a statewide organization of incorporated cities and towns who is appointed by the governor.
(k) (j) The president of a statewide organization of county boards of supervisors who is appointed by the governor.
C. The following shall serve as technical advisors to the board to enhance collaboration among state agencies to meet infrastructure needs and facilitate growth opportunities throughout this state:
1. The director of environmental quality.
2. The state land commissioner.
3. The director of the department of revenue.
4. The director of the office of tourism.
5. The director of the department of transportation.
6. The director of water resources.
7. The director of the department of financial institutions.
8. The director of the Arizona-Mexico commission in the governor's office.
D. The governor shall appoint a cochairperson of the board of directors from among the voting members. The board may establish an executive committee consisting of the chairperson, the cochairperson, the chief executive officer, and additional voting members of the board elected by the board. The chairperson may appoint subcommittees as necessary.
E. The board may request assistance from representatives of other state agencies to maximize economic development opportunities by leveraging their access to strategic assets and planning processes.
F. Board members serve without compensation but are eligible for reimbursement of expenses pursuant to section 41‑1504, subsection E, paragraph 1.
G. A majority of the voting members, which must include the chairperson and the chief executive officer, constitute a quorum for the purpose of an official meeting for conducting business. An affirmative vote of a majority of the members present at an official meeting is sufficient for any action to be taken.
H. The board of directors shall keep and maintain a complete and accurate record of all of its proceedings. Public access to the board's records is subject to section 41‑1504, subsection L.
I. The board of directors, executive committee, subcommittees and advisory councils are subject to title 38, chapter 3, article 3.1, relating to public meetings, except as follows:
1. In addition to the provisions of section 38‑431.03, the board of directors, executive committee and subcommittees may meet in executive session for discussion about potential business development opportunities and strategies, which, if made public, could potentially harm the applicant's, the potential applicant's or this state's competitive position.
2. Social and travel events related to the expansion, attraction and retention of businesses are not public meetings if no legal action involving a final vote or decision is taken.
3. Activities and events held in public for the purpose of announcing the expansion, attraction and retention of projects are not public meetings.
J. The board of directors and the officers and employees of the authority are subject to title 38, chapter 3, article 8, relating to conflicts of interest.
K. The board of directors shall adopt written policies, procedures and guidelines for standards of conduct, including a gift policy, for members of the board and for officers and employees of the authority.
L. The authority shall operate on the state fiscal year. The board of directors shall cause an annual audit to be conducted on or before October 31 of each of the authority's public funds established by this chapter by an independent certified public accountant. The board shall immediately file a certified copy of the audit with the auditor general. The auditor general may make such further audits and examinations as necessary and may take appropriate action relating to the audit or examination pursuant to chapter 7, article 10.1 of this title. If the auditor general takes no further action within thirty days after the audit is filed, the audit is considered to be sufficient.
M. All state agencies shall cooperate with the authority and make available data pertaining to the functions of the authority as requested by the authority.
Sec. 26. Repeal
Title 41, chapter 10, article 6, Arizona Revised Statutes, is repealed.
Sec. 27. Section 41-1719, Arizona Revised Statutes, is amended to read:
41-1719. Sex offender community notification coordinator; duties
A. The sex offender community notification coordinator is established in the department of public safety.
B. The sex offender community notification coordinator shall:
1. Oversee reimbursement of monies to agencies that perform sex offender community notification.
2. Oversee the Arizona sex offender community notification process.
3. Provide the following information to the community notification guidelines committee on a quarterly basis:
(a) The number of sex offender entries in the Arizona criminal justice information system sex offender profile and notification system by type of offense, county and agency.
(b) The number and level of community notifications that each county and agency makes.
(c) A report on law enforcement agency compliance with the community notification guidelines.
Sec. 28. Repeal
Section 41-2754, Arizona Revised Statutes, is repealed."
Renumber to conform
Page 1, line 3, strike "Section" insert "Sections 41‑2999.12, 41-3000.27,"; after "41‑3016.24" insert ", 41‑3017.13 and 41‑3020.01"; strike "is" insert "are"
Strike lines 4 through 13, insert:
"Sec. 30. Heading change
The article heading of title 41, chapter 27, article 3, Arizona Revised Statutes, is changed from "LEGISLATIVE EXPIRATION OF NEW PROGRAMS" to "LEGISLATIVE EXPIRATION OF NEW PROGRAMS AND STUDY COMMITTEES".
Sec. 31. Section 41-3101, Arizona Revised Statutes, is amended to read:
41-3101. Definitions
In this article, unless the context otherwise requires:
1. "Program" means functions and activities of a state agency or within a state agency that are preplanned to fulfill a distinct mission.
2. "State agency" means any department, office, agency, commission, board or other instrumentality of this state that receives, spends or disburses state monies or incurs obligations against this state.
3. "Study committee" means any statutory committee, council, panel or commission that is not otherwise subject to article 1 of this chapter.
Sec. 32. Title 41, chapter 27, article 3, Arizona Revised Statutes, is amended by adding section 41-3103, to read:
41-3103. Requirements for new study committee established by the legislature
Any new study committee that is established by the legislature shall include in its enabling legislation a specific expiration date for the committee that is not more than ten years after the effective date of the committee's enabling legislation.
Sec. 33. Section 41-3953, Arizona Revised Statutes, is amended to read:
41-3953. Department powers and duties
A. The department is responsible for establishing policies, procedures and programs that the department is authorized to conduct to address the affordable housing issues confronting this state, including housing issues of low income families, moderate income families, housing affordability, special needs populations and decaying housing stock. Among other things, the department shall provide to qualified housing participants and political subdivisions of this state financial, advisory, consultative, planning, training and educational assistance for the development of safe, decent and affordable housing, including housing for low and moderate income households.
B. Under the direction of the director, the department shall:
1. Establish guidelines applicable to the programs and activities of the department for the construction and financing of affordable housing and housing for low and moderate income households in this state. These guidelines shall meet or exceed all applicable state or local building and health and safety code requirements and, if applicable, 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, 96‑153 and 96‑339). Guidelines established pursuant to this paragraph do not apply to the department's activities prescribed in section 35‑726, subsection E.
2. Provide staff support to the Arizona housing commission and coordinate its activities.
3. 2. Accept and allocate any monies as from time to time may be appropriated by the legislature for the purposes set forth in this article.
4. 3. Perform other duties necessary to administer this chapter.
5. 4. Perform the duties prescribed in sections 35‑726, 35‑728 and 35‑913 and chapter 4.3 of this title.
6. 5. Stimulate and encourage all local, state, regional and federal governmental agencies and all private persons and enterprises that have similar and related objectives and purposes, cooperate with the agencies, persons and enterprises and correlate department plans, programs and operations with those of the agencies, persons and enterprises.
7. 6. Conduct research on its own initiative or at the request of the governor, the legislature or state or local agencies pertaining to any department objectives.
8. 7. Provide information and advice on request of any local, state or federal agencies, private persons and business enterprises on matters within the scope of department activities.
9. 8. Consult with and make recommendations to the governor and the legislature on all matters concerning department objectives.
10. 9. Make annual reports to the governor and the legislature on its activities, including the geographic location of its activities, its finances and the scope of its operations.
C. Under the direction of the director, the department may:
1. Assist in securing construction and mortgage financing from public and private sector sources.
2. Assist mortgage financing programs established by industrial development authorities and political subdivisions of this state.
3. Assist in the acquisition and use of federal housing assistance programs pertinent to enhance the economic feasibility of a proposed residential development.
4. Assist in the compliance of a proposed residential development with applicable federal, state and local codes and ordinances.
5. Prepare and publish planning and development guidelines for the establishment and delivery of housing assistance programs.
6. Contract with a federal agency to carry out financial work on the federal agency's behalf and accept payment for the work.
7. Subcontract for the financial work prescribed in paragraph 6 of this subsection and make payments for that subcontracted work based on the expectation that the federal agency will pay for that work.
8. Accept payment from a federal agency for work prescribed in paragraph 6 of this subsection and deposit those payments in the Arizona department of housing program fund established by section 41‑3957.
9. Contract for the services of outside advisers, consultants and aides reasonably necessary or desirable to enable the department to adequately perform its duties.
10. Contract and incur obligations reasonably necessary or desirable within the general scope of department activities and operations to enable the department to adequately perform its duties.
11. Use any media of communication, publication and exhibition in the dissemination of information, advertising and publicity in any field of its purposes, objectives or duties.
12. Adopt rules deemed necessary or desirable to govern its procedures and business.
13. Contract with other agencies in furtherance of any department program.
14. Use monies, facilities or services to provide contributions under federal or other programs that further the objectives and programs of the department.
15. Accept gifts, grants, matching monies or direct payments from public or private agencies or private persons and enterprises for the conduct of programs that are consistent with the general purposes and objectives of this article and deposit these monies in the Arizona department of housing program fund established by section 41‑3957.
16. Establish and collect fees and receive reimbursement of costs in connection with any programs or duties performed by the department and deposit the fees and cost reimbursements in the Arizona department of housing program fund established by section 41‑3957.
17. Provide staff support to the Arizona housing finance authority and coordinate its activities.
D. For the purposes of this section, the department is exempt from chapter 23 of this title.
E. The department is the designated state public housing agency as defined in the United States housing act of 1937 (42 United States Code sections 1401 through 1440) for the purpose of accepting federal housing assistance monies and may participate in the housing assistance payments program. Federal monies may be secured for all areas of this state subject only to the limitations prescribed in subsection F of this section.
F. For areas of this state where an existing public housing authority has not been established pursuant to section 36‑1404, subsection A, the department acting as a public housing agency may undertake all activities under the section 8 tenant‑based rental housing assistance payment program, except that the department shall not undertake a section 8 tenant‑based rental housing assistance payment program within the boundaries of a city, town or county unless authorized by resolution of the governing body of the city, town or county. If the department accepts monies for a section 8 tenant‑based rental housing assistance payment program for areas of this state where an existing public housing authority has been established pursuant to section 36‑1404, subsection A, the department shall only accept and secure federal monies to provide housing for the seriously mentally ill or other disabled populations. The department may accept and secure federal monies for undertaking all contract administrator activities authorized under a section 8 project‑based rental housing assistance payment program in all areas of this state and this participation does not require the authorization of any local governing body.
G. The department shall not itself directly own, construct, operate or rehabilitate any housing units, except as may be necessary to protect the department's collateral or security interest arising out of any department programs.
H. Notwithstanding any other provision of this section, the department may obligate monies as loans or grants applicable to programs and activities of the department for the purpose of providing housing opportunities for low or moderate income households or for housing affordability or to prevent or combat decaying housing stock. Unless otherwise required by federal or state law, any loan repayments shall be deposited in the Arizona department of housing program fund established by section 41‑3957.
I. For any construction project financed by the department pursuant to subsection C of this section, except for contract administration activities in connection with the project‑based section 8 program, the department shall notify a city, town, county or tribal government that a project is planned for its jurisdiction and, before proceeding, shall seek comment from the governing body of the city, town, county or tribal government or an official authorized by the governing body of the city, town, county or tribal government. The department shall not interfere with or attempt to override the local jurisdiction's planning, zoning or land use regulations.
Sec. 34. Repeal
Section 41-3954, Arizona Revised Statutes, is repealed.
Sec. 35. Section 41-4255, Arizona Revised Statutes, is amended to read:
41-4255. Report
A. On or before September 1 of each year, the department of homeland security and the department of health services shall submit a homeland security allocation and expenditure report to the governor, the president of the senate, the speaker of the house of representatives, the chairperson of the senate appropriations committee, the chairperson of the house appropriations committee, the staff and cochairpersons of the joint legislative budget committee and the members of the joint legislative committee on border and homeland security.
B. The director shall provide a copy of the report to the secretary of state and the director of the Arizona state library, archives and public records. The department may redact sensitive information contained in the report if necessary.
C. The report shall include:
1. Each local and state project that was awarded funding for the current year.
2. Expenditures for each local and state project that was awarded funding for the current year.
3. Expenditures from federal appropriations and grants that were used by the department for administrative and state agency purposes.
4. A narrative description detailing each state project awarded funding, including the goals and objectives of each state project.
5. The progress made on each project since the last report.
6. Project awards and expenditures from prior years beginning with fiscal year 2001-2002.
7. A detailed plan on how homeland security efforts will be continued in the event of decreased federal funding.
Sec. 36. Section 41-4257, Arizona Revised Statutes, is amended to read:
41-4257. Joint legislative committee on border and homeland security; membership; powers and duties; trust fund; executive sessions
A. The joint legislative committee on border and homeland security is established consisting of the following members who have an interest in and familiarity with issues and programs concerning border and homeland security:
1. Five members of the senate appointed by the president of the senate, not more than three of whom are members of the same political party. The president of the senate shall designate one member as cochairperson.
2. Five members of the house of representatives appointed by the speaker of the house of representatives, not more than three of whom are members of the same political party. The speaker of the house of representatives shall designate one member as cochairperson.
3. One member appointed by the governor.
B. The president and the speaker of the house of representatives shall each appoint a cochairperson of the committee.
B. C. The committee shall meet whenever committee members consider it necessary on the call of the cochairpersons, except that the committee shall not meet more than ten times each year unless the president of the senate and the speaker of the house of representatives agree to additional meetings. The committee shall meet at least annually to review grant allocations and expenditures as reported by the governor's office of homeland security.
C. D. The committee shall:
1. Have access to all homeland security grant information on request of a chairperson of the committee or a majority vote of the committee.
2. Provide a forum for persons to express their concerns about state programs that relate to border and homeland security.
3. Make administrative and legislative recommendations concerning border and homeland security issues.
4. Prepare an annual written report on its work, findings and recommendations. The committee shall submit the report electronically to the governor, the president of the senate and the speaker of the house of representatives on or before December 31 of each year and shall provide a copy of this report to the secretary of state.
D. E. The committee has the authority conferred by law on legislative committees.
E. F. Legislative members of the committee shall be reimbursed by their respective houses in the same manner provided by law for a member of the legislature who attends a duly called meeting of a standing committee. The nonlegislative member of the committee is not eligible to receive compensation but is eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
F. G. The committee may use the services of legislative staff.
H. Notwithstanding any other law, the committee may vote to go into executive session to take testimony or evidence that it considers to be sensitive or confidential in nature and that, if released, could compromise the security or safety of law enforcement or military personnel or a law enforcement or national guard law enforcement support operation.
I. The border and homeland security trust fund is established consisting of monies collected pursuant to this section, including appropriations, transfers, grants, gifts, donations and contributions. The state treasurer shall administer the trust fund as trustee for the purposes of this section. All monies in the trust fund shall be used exclusively to carry out the purposes of this section. The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, which are considered to be trust monies as defined in section 35‑310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. The state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35‑313 and 35‑314.03, and monies earned from investment shall be credited to the trust fund. Monies in the trust fund are subject to legislative appropriation and are exempt from the provisions of section 35‑190 relating to lapsing of appropriations."
Renumber to conform
Page 1, strike lines 17 through 45
Strike page 2, insert:
"Sec. 38. Section 49-456, Arizona Revised Statutes, is amended to read:
49-456. Technical assistance for small business; compliance advisory panel; panel termination
A. Not later than November 15, 1992, after reasonable notice and a public hearing, the director shall submit to the administrator a plan establishing a small business stationary source technical and compliance assistance program consistent with and equivalent to the plan required under section 507 of the clean air act.
B. A compliance advisory panel is established consisting of seven members who are appointed for staggered five-year terms as follows:
1. Two members who are appointed by the governor to represent the general public and who are not owners or representatives of owners of small business stationary sources.
2. Two members who are appointed by the speaker of the house of representatives and who are owners or who represent owners of small business stationary sources.
3. Two members who are appointed by the president of the senate and who are owners or who represent owners of small business stationary sources.
4. One member who is appointed by the director of the department of environmental quality to represent the department.
C. The panel shall:
1. Advise the director on the effectiveness of the small business stationary source technical and environmental compliance assistance program operated pursuant to this section and any such program operated by a county, including the identification of difficulties encountered and the degree and severity of enforcement.
2. Make periodic reports to the director and administrator concerning the compliance of the small business stationary source technical and environmental compliance assistance program operated pursuant to this section and any such program operated by a county with the requirements of the paperwork reduction act (P.L. 96‑511; 20 United States Code section 1221), the regulatory flexibility act (P.L. 96‑354; 5 United States Code section 601) and the equal access to justice act (P.L. 96‑481; 5 United States Code section 504).
3. Review information developed by the department and any county for small business stationary sources to assure that the information is understandable by the general public and advise the director of its findings.
4. Have staff from the small business stationary source technical and environmental compliance assistance program to develop and disseminate reports and advisory opinions.
D. The panel established by this section ends on July 1, 2022 pursuant to section 41-3103.
Sec. 39. Repeal
A. Laws 2002, chapter 332, section 10, as amended by Laws 2006, chapter 364, section 2 and Laws 2007, chapter 73, section 3, is repealed.
B. Laws 2007, chapter 234, section 4 is repealed.
C. Laws 2008, chapter 128, section 2 is repealed.
D. Laws 2011, chapter 285, section 3 is repealed.
Sec. 40. Return of donations; transfer of fund monies
The state treasurer shall attempt to contact each person who made a donation to the border security trust fund established by section 41-108, subsection K, Arizona Revised Statutes, as repealed by this act, and receive the donor's permission to transfer the donation to the border and homeland security trust fund established by section 41-4257, Arizona Revised Statutes, as amended by this act. If the person gives permission for the transfer, the state treasurer shall transfer the donation to the border and homeland security trust fund. If the person does not give permission for the transfer, the state treasurer shall return all donations made to the border security trust fund established by section 41-108, subsection K, Arizona Revised Statutes, as repealed by this act, to the person who made the donation. If the state treasurer is unable to return the donation after a reasonable effort within one year after the effective date of this act, all remaining monies in the border security trust fund are transferred to the border and homeland security trust fund established by section 41‑4257, Arizona Revised Statutes, as amended by this act."
Amend title to conform