Bill Text: AZ SB1636 | 2021 | Fifty-fifth Legislature 1st Regular | Chaptered
Bill Title: Legislative drafting requirements; repeal
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2021-04-26 - Chapter 285 [SB1636 Detail]
Download: Arizona-2021-SB1636-Chaptered.html
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Senate Engrossed
legislative drafting requirements; repeal |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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CHAPTER 285
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SENATE BILL 1636 |
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AN ACT
amending sections 8-814, 8-816, 15-154, 15-211, 15-249.06, 15-249.09, 15-249.15, 15-258, 15-259, 15-260, 15-261 and 15-707, Arizona Revised Statutes; repealing section 15-1785, Arizona Revised Statutes; amending sections 15-1855, 15-1867, 15-1868, 17-491 and 18-422, Arizona Revised Statutes; repealing section 18-612, Arizona Revised Statutes; amending sections 20-3505, 23-432, 28-1303, 28-3053, 28-4505, 28-6308, 28-7058, 28-7059, 28-7316, 32-2942, 32-3504, 35-504, 36-173, 36-199, 36-779, 36-797.01, 36-2821, 37-483, 41-108, 41-162, 41-179, 41-610.01 and 41-612, 41-1251, 41-1279, 41-1292, 41-1505, 41-1604.18, 41-1732 and 41-1829, Arizona Revised Statutes; repealing title 41, chapter 27, article 3, Arizona Revised Statutes; amending sections 41-4257, 41-5356 and 41-5404, Arizona Revised Statutes; repealing section 41-5612, Arizona Revised Statutes; amending section 43-221, Arizona Revised Statutes; repealing section 45-353, Arizona Revised Statutes; amending sections 46-172 and 46-907, Arizona Revised Statutes; repealing section 46-908, Arizona Revised Statutes; amending sections 49-255.01, 49-256.01, 49-257.01 and 49-457.02, Arizona Revised Statutes; relating to program and committee termination.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-814, Arizona Revised Statutes, is amended to read:
8-814. Permanent guardianship subsidy; offsets; annual review; discontinuation; appeals; definition
A. The department shall establish and administer an ongoing program of subsidized permanent guardianship. Subsidies shall be provided from monies appropriated to the department or made available to it from other sources for permanent guardianship purposes.
B. The department may provide a subsidy to an applicant on behalf of a child subject to the requirements of this section.
C. The department shall determine the appropriate amount of the subsidy, which shall not exceed the maintenance payment allowable for an adoption subsidy pursuant to chapter 1, article 2 of this title. The amount of the subsidy shall be offset by benefits received from other state or federal programs to which the child is entitled.
D. The department shall conduct an annual review of a subsidy to determine that the permanent guardian continues to be eligible for the subsidy and that the subsidy is for the appropriate amount.
E. A permanent guardian who is receiving a subsidy shall:
1. Cooperate with the department in the annual review process.
2. Notify the department in writing of any change:
(a) That would lead to discontinuance of the subsidy pursuant to subsection F of this section.
(b) In benefits being received from other state or federal programs to which the child is entitled within two weeks of the change.
(c) In address within two weeks of the change.
F. The department shall discontinue a subsidy if any of the following occurs:
1. The permanent guardianship terminates.
2. The child dies or does not reside with the permanent guardian.
3. The child reaches eighteen years of age, except that the department may continue the subsidy until the child's twenty-second birthday if the child is enrolled in and regularly attending school and has not received a high school diploma or certificate of equivalency.
4. The applicant fails to comply with any requirement in this section.
G. Any decision denying, reducing or terminating a permanent guardianship subsidy is appealable pursuant to title 41, chapter 6 and chapter 14, article 3.
H. Notwithstanding section 41-3102, this program does not include a specific expiration date.
I. H. For the purposes of this section, "applicant" means a person who is appointed as a permanent guardian pursuant to section 8-872 or as a provisional or successor permanent guardian pursuant to section 8-874 and who applies for a subsidy pursuant to this section.
Sec. 2. Section 8-816, Arizona Revised Statutes, is amended to read:
8-816. Family builders program; services; definitions
A. The family builders program is established in the department. The department may implement the program through collaborative partnerships between the department, community social service agencies, family support programs and other community organizations, which may include faith-based organizations, to establish a system that, through referral to a network of contracted neighborhood-based agencies, provides a variety of community-linked family preservation and support services to assist families to prevent and remedy conditions or circumstances that cause child abuse or neglect.
B. The department may contract with neighborhood-based agencies and organizations to conduct family assessments, provide case management and provide the necessary services to protect the child and support the family on referral from the department.
C. During the initial contact with a family, the provider shall:
1. Verbally inform the prospective program participants that the department referred the family to the provider after investigation of a report of abuse or neglect.
2. Verbally inform the prospective program participants that they do not have to accept services.
3. Obtain the written, informed consent of the prospective program participants who choose to accept the services offered. The consent form shall include a description of the services offered and the rights and responsibilities of the program participants and a statement that emphasizes the voluntary nature of the program.
D. Contracts shall require that the provider establish a continuum of services for families through written agreements with community agencies and organizations to provide required services to families. The provider may purchase or obtain without cost the services of any agency or organization that may provide resources to assist the family.
E. Contracts shall require that the provider initiate a thorough family assessment and necessary services within forty-eight hours, excluding weekends and holidays, after the provider receives the referral from the department.
F. The department shall provide information to the provider concerning the current report and any information from records it deems appropriate. All information received by the provider regarding the report of abuse or neglect and department records is subject to the confidentiality requirements of section 8-807. Information in the records of the provider concerning the families served by the program is available for the purposes of evaluating the program.
G. On receipt of a referral from the department, within forty-eight hours the provider shall attempt to contact the family in person, initiate a family assessment with the consent of the family and offer to assist the family to obtain the services that are necessary to reduce or eliminate the causes for the initial information being received by the department and other identified needs of the family.
H. If at any time during the initial contact or during the course of service delivery the provider determines that the child is in imminent danger of abuse or neglect, the provider shall immediately report the case to the department or the appropriate law enforcement agency, or both, for appropriate action. In all cases the provider and any agency under subcontract to the provider shall retain records of information on initial and ongoing contact with the family and the final disposition of the case and shall provide this information to the department.
I. A family who that is offered services by the provider may refuse to accept those services. The provider shall document the family's refusal of services in the case record.
J. The provider shall conduct an assessment in the home and with the family's participation shall develop an initial plan within thirty days based on the family's needs. The provider shall assist the family in identifying and providing appropriate services. The provider shall monitor the progress made by the family based on the plan expectations and shall conduct home visits to determine the safety of the child and any other children in the home at the time of the visit.
K. The department shall require that the provider establish a local advisory board composed of appropriate community representatives, including representation from families in the community and local public agencies. The local advisory board shall ensure that a continuum of services is provided for families and shall provide oversight to the program.
L. The department shall identify goals, objectives and outcomes for family builders programs.
M. If the department expands the program to new geographic areas, it shall hold at least one informational meeting to inform potential providers of the opportunity to bid on the contract. The department shall provide adequate public notice of each meeting to potential providers in the same manner as provided in section 41-2533.
N. The department shall develop performance standards for the contracts, provide training to the provider or organization staff involved in service delivery to these families regarding child abuse and neglect and monitor the performance of the providers.
O. The program established by this section ends on July 1, 2024 pursuant to section 41-3102.
P. O. For the purposes of this section:
1. "Provider" means a community social services agency, family support program or community organization, including a faith-based organization, that is awarded a contract by the department.
2. "Services" includes:
(a) Family assessment.
(b) Case management.
(c) Child day care.
(d) Housing search and relocation.
(e) Parenting skills training.
(f) Supportive intervention and guidance counseling.
(g) Transportation.
(h) Emergency services.
(i) Intensive family preservation.
(j) Parent aide services.
(k) Respite services.
(l) Shelter services with parental consent.
(m) Additional services that the department determines are necessary to meet the needs of the families.
Sec. 3. Section 15-154, Arizona Revised Statutes, is amended to read:
15-154. School safety program; purpose; program proposals; requirements; annual report; definitions
A. The school safety program is established within the department of education to support, promote and enhance safe and effective learning environments for all students by supporting the costs of placing school resource officers, juvenile probation officers, school counselors and school social workers on school campuses. A school district or charter school may apply to participate in the school safety program as provided in this section for up to three fiscal years by submitting by April 15 a program proposal to the department of education. A school district or charter school that receives approval for a three-year program under this subsection may annually submit a modified spending plan for its approved program.
B. A program proposal submitted by a school district or charter school for supporting the costs of placing school resource officers or juvenile probation officers, or both, on a school campus shall contain:
1. A detailed description of the school safety needs of the charter school or school district.
2. A plan for implementing a law-related education program or a plan that demonstrates the existence of a law-related education program as a school safety prevention strategy.
3. A plan to use trained school resource officers or juvenile probation officers in the school, or both.
4. If the school district or charter school has already participated in the school safety program, information on the success, compliance and implementation of the most recent grant.
C. A program proposal submitted by a school district or charter school for supporting the costs of placing school counselors or school social workers, or both, on a school campus shall contain:
1. A detailed description of the school safety needs of the charter school or school district.
2. A plan for implementing a school guidance and counseling program that includes the following:
(a) A detailed description of the relationship between the school counselor or the social worker, or both, and local community resources.
(b) A plan for using school counselor and school social worker services in the school, or both.
(c) A detailed description of the methods for evaluating the effectiveness of the school guidance and counseling plan.
(d) Policies on confidentiality under the school guidance and counseling plan.
(e) Policies on notifying parents and other family members of issues or concerns as identified in the school guidance and counseling plan.
(f) A detailed description of the school's, school district's or charter school's referral procedures to the appropriate community entities and state agencies.
3. If the school district or charter school has already participated in the school safety program, information on the success, compliance and implementation of the most recent approved program proposal.
D. The department of education shall review and administer the school resource officers and juvenile probation officers program proposals in cooperation with the courts, law enforcement agencies and law-related education providers awarded a contract pursuant to section 41-2534, subject to review and approval by the state board of education. The department of education shall use relevant crime statistics to assess the needs of each program proposal and shall visit school districts and charter schools that submit program proposals in order to verify the information contained in the program proposals. The department of education shall contract to provide guidelines, curricula and support resources for school resource officers and juvenile probation officers to use in implementing a law-related education program.
E. The department of education shall review and administer the school counselors and school social workers program proposals in cooperation with school administrators, principals, teachers, parents and community mental health professionals. The department of education shall use relevant school-level academic, social and emotional statistics to assess the needs of each program proposal and shall visit school districts and charter schools that submit program proposals in order to verify the information contained in the program proposals.
F. The department of education, subject to the review and approval of the state board of education, shall distribute monies to the school districts and charter schools that are in compliance with program requirements and whose program proposals have been approved by the state board of education.
G. The department of education shall review program proposals submitted by school districts and charter schools for participation in the school safety program and shall select school sites that are eligible to receive funding based on school safety needs pursuant to this section. The department of education may prioritize program proposals for school resource officer and juvenile probation officer grants to school districts and charter schools that have agreements to share the cost of the school resource officer or juvenile probation officer with a law enforcement agency or the courts.
H. The department of education shall evaluate the effectiveness of all the approved program proposals submitted pursuant to subsections B and C of this section within the school safety program and report on the activities of the program and the participants in the school safety program to the president of the senate, the speaker of the house of representatives and the governor on or before November 1 of each year and shall provide a copy of this report to the secretary of state. The evaluation and report shall include survey results from participating schools and data from participating schools on the impact of participating in the school safety program. The department shall establish data guidelines for school safety program participants to follow in reporting pursuant to this subsection.
I. The school safety program established by this section shall include a school safety program guidance manual adopted by the department of education that requires a dispute resolution process to be included in the service agreement between a school district or charter school that submitted a program proposal and received a school resource officer grant from the school safety program and the law enforcement agency that provides services to the school district or charter school.
J. Any appropriations that are made to the department of education for the approved program proposals within the school safety program are exempt from the provisions of section 35-190 relating to the lapsing of appropriations. All monies that are not used for an approved program proposal within the school safety program during the fiscal year for which the monies were appropriated revert to the department of education for distribution to the program in the following fiscal year.
K. Monies received by a school district or charter school under the program shall be spent to implement the approved program proposals.
L. The program established by this section ends on July 1, 2025 pursuant to section 41-3102. The auditor general shall include the school safety program as part of its ongoing sunset review of agencies and programs.
M. For the purposes of this section:
1. "Law-related education" means interactive education to equip children and youth with knowledge and skills pertaining to the law, school safety and effective citizenship.
2. "Law-related education program" means a program designed to provide children and youth with knowledge, skills and activities pertaining to the law and legal process and to promote law-abiding behavior with the purpose of preventing children and youth from engaging in delinquency or violence and enabling them to become productive citizens.
3. "School counselor" means a professional educator who holds a valid school counselor certificate issued by the department of education.
4. "School guidance and counseling program" means a counseling program that supports, promotes and enhances the academic, personal, social, emotional and career development of all students.
5. "School resource officer" means a peace officer or a full-authority reserve peace officer who is certified by the Arizona peace officer standards and training board.
6. "School social worker" means a professional educator who holds a valid school social worker certificate issued by the department of education.
Sec. 4. Section 15-211, Arizona Revised Statutes, is amended to read:
15-211. K-3 reading program; dyslexia specialist; dyslexia training; receipt and use of monies; additional funding; annual report
A. The department of education shall administer a K-3 reading program to improve the reading proficiency of pupils in kindergarten programs and grades one, two and three in the public schools of this state.
B. The department of education shall designate a dyslexia specialist for the department to provide school districts and charter schools with support and resources that are necessary to assist students with dyslexia.
C. On or before July 1, 2021, each school district and charter school shall ensure that at least one kindergarten through third grade teacher in each school has received training related to dyslexia that complies with the requirements prescribed in section 15-219.
D. Each school district and charter school shall submit to the department of education a plan for improving the reading proficiency of the school district's or the charter school's pupils in kindergarten programs and grades one, two and three. The plan shall include baseline data on the reading proficiency of the school district's or the charter school's pupils in kindergarten programs and grades one, two and three and a budget for spending monies from both the K-3 support level weight and the K-3 reading support level weight established in section 15-943. Each school district and charter school shall annually submit to the department of education on or before October 1 an updated K-3 reading program plan that includes data on program expenditures and results, except that a school district or charter school that is assigned a letter grade of A or B pursuant to section 15-241 shall submit this plan only in odd-numbered years.
E. School districts and charter schools shall use monies generated by the K-3 reading support level weight established in section 15-943 only on instructional purposes based on the plan submitted pursuant to subsection D of this section intended to improve reading proficiency for pupils in kindergarten programs and grades one, two and three with particular emphasis on pupils in kindergarten programs and grades one and two.
F. Each school district and charter school that is assigned a letter grade of C, D or F pursuant to section 15-241 or that has more than ten percent of its pupils in grade three who do not demonstrate sufficient reading skills as established by the state board of education according to the reading portion of the statewide assessment shall receive monies generated by the K-3 reading support level weight established in section 15-943 only after the K-3 reading program plan of the school district or charter school has been submitted, reviewed and recommended for approval by the department of education and approved by the state board. The state board must give approval to a school district or charter school before any portion of the monies generated by the K-3 reading support level weight may be distributed to the school district or charter school pursuant to this subsection.
G. Pupils in a charter school that is in its first year of operation and that is sponsored by the state board of education, the state board for charter schools, a university under the jurisdiction of the Arizona board of regents, a community college district or a group of community college districts are eligible for the K-3 reading support level weight.
H. The department of education shall solicit gifts, grants and donations from any lawful public or private source in order to provide additional funding for the K-3 reading program.
I. The state board of education may establish rules and policies for the K-3 reading program, including:
1. The proper use of monies in accordance with subsection E of this section.
2. The distribution of monies by the department of education in accordance with subsection D of this section.
3. The compliance of reading proficiency plans submitted pursuant to subsection D of this section with section 15-704.
J. Pursuant to subsection I of this section, the department of education shall develop program implementation guidance for school districts and charter schools to assist schools in administering an effective K-3 evidence-based reading program plan. This guidance shall include identifying and recommending appropriate program expenditures, providing technical oversight and assistance for annually updating reading program plans, selecting and adopting evidence-based reading curricula and providing and promoting teacher professional development that is based on evidence-based reading research. The department shall prioritize supports and interventions, including enrollment in reading trainings and professional development, for school districts and charter schools that have the highest percentage of pupils who do not demonstrate sufficient reading skills as established by the state board of education. The department shall deposit any monies received for offering reading trainings or professional development, including coaching, in the department of education professional development revolving fund established by section 15-237.01.
K. On or before December 15, the department of education shall submit an annual report on the K-3 reading program to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this annual report to the secretary of state, the state board of education and the chairpersons of the education committees of the senate and the house of representatives. The report shall contain all of the following:
1. Information on the improvement of K-3 reading in this state, including achievement data statewide and achievement data at the school district and charter school level. The information pursuant to this paragraph shall include data and information on continued proficiency on the statewide assessment in subsequent grades.
2. A description of the activities of the department to support school districts and charter schools in improving K-3 reading.
3. Specific findings on methods by which the department may continue to improve support and assistance for school districts and charter schools in the administration of K-3 reading program plans.
4. Information and data on K-3 reading program plans throughout this state and the expenditure of K-3 reading monies by school districts and charter schools.
5. Data reported pursuant to section 15-701, subsection A, paragraph 2, subdivision (d).
L. The program established by this section ends on July 1, 2022 pursuant to section 41-3102.
Sec. 5. Section 15-249.06, Arizona Revised Statutes, is amended to read:
15-249.06. College credit by examination incentive program; incentive bonuses; report; college credit by examination development fund
A. The college credit by examination incentive program is established within the department of education to provide an incentive bonus to teachers, school districts and charter schools for students who obtain a passing score on a qualifying examination for college credit while in high school.
B. The Arizona board of regents shall maintain a list of qualifying examinations that a high school student may take in order to receive college credit in mathematics, English language arts, social studies or science from any university under the jurisdiction of the Arizona board of regents and the passing scores required on those examinations in order to receive college credit. On or before September 1 of each year, the Arizona board of regents shall provide the list of qualifying examinations and passing scores to the department of education and shall submit this list to the joint legislative budget committee.
C. Beginning in fiscal year 2017-2018, the department of education shall pay an incentive bonus to school districts and charter schools for each student in grades nine through twelve who receives a passing score during the previous fiscal year on a qualifying examination identified by the Arizona board of regents pursuant to subsection B of this section. A student who receives a passing score on a qualifying examination and who is enrolled in a school where fifty percent or more of the students are eligible for free or reduced-price lunches shall generate for the school or charter school a bonus of $450 per passing score on a qualifying examination. A student who receives a passing score on a qualifying examination and who is enrolled in a school where less than fifty percent of the students are eligible for free or reduced-price lunches shall generate for the school or charter school a bonus of $300 per passing score on a qualifying examination. If the statewide sum of per student bonuses awarded pursuant to this subsection exceeds the amount of available monies appropriated for incentive bonuses, the bonus monies shall be reduced proportionally to cover all eligible bonus awards.
D. A school district or charter school that receives an incentive bonus pursuant to this section shall distribute at least fifty percent of the bonus monies to the associated classroom teacher for each student who passes a qualifying examination and to other teachers of relevant subjects who instructed that student, including but not limited to teachers in the same department or subject matter that contributed to the student passing the examination, as identified by the school district governing board, the charter school governing body or the school principal. Bonus monies awarded to a teacher pursuant to this subsection are in addition to any regular wage, compensation or other bonus the teacher receives or is scheduled to receive and shall be provided to the teacher by the end of the school year or not later than thirty days after the end of the school year. The remainder of any bonus monies received by a school district or charter school shall be allocated by the school principal on behalf of students who receive a passing score and may be used for teacher professional development or student instructional support, reimbursement of examination fees or instructional materials. Any bonus monies received by a school district or charter school pursuant to this subsection shall be separately accounted for in the school district's or charter school's annual financial report.
E. Incentive bonuses distributed to and any bonus monies received by a school district or charter school pursuant to this section are not subject to collective bargaining.
F. Payments made by the department of education pursuant to this section shall be distributed to schools not later than March 1 of each year. School districts and charter schools may appeal the allocation of bonus monies not later than August 1 of each year. The department may withhold up to $10,000 of the monies appropriated for the purposes of this section to address allocation appeals by school districts and charter schools.
G. On or before December 15, 2018 and on or before December 15 of each year thereafter, the department of education shall submit to the president of the senate, the speaker of the house of representatives, the governor, the secretary of state, and the joint legislative budget committee, a report on all of the following:
1. The number of students who took a qualifying examination at each school.
2. The number of students who received a passing score on a qualifying examination and the number of incentive bonus awards distributed.
3. The number and types of qualifying examinations taken by students.
4. The amount of bonus monies received by each school.
H. Incentive bonuses distributed to and any bonus monies received by a teacher are not compensation as defined in section 38-711.
I. The college credit by examination development fund is established consisting of monies that are appropriated to the department of education for the purposes of this section but that are not distributed by the end of the fiscal year in which the monies are appropriated. The department shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The department shall distribute monies in the fund to schools in which fifty percent or more of the students are eligible for free or reduced-price lunches to assist those schools in developing and operating classes that offer qualifying examinations pursuant to this section. The department shall prioritize distributions from the fund based on need.
J. The program established by this section ends on July 1, 2026 pursuant to section 41-3102.
Sec. 6. Section 15-249.09, Arizona Revised Statutes, is amended to read:
15-249.09. Early literacy program fund; report; definitions
A. The early literacy program fund is established to provide support to improve reading skills, literacy and proficiency for students in kindergarten programs and grades one, two and three in addition to monies received pursuant to section 15-211. The fund shall be administered by the department of education. The state board of education shall develop policies and procedures to be administered by the department of education.
B. Subject to review and approval by the state board of education, the department of education shall award funds monies to eligible schools based on available monies on a per pupil basis. The per pupil amount shall be calculated using the student count for pupils in kindergarten programs and grades one, two and three.
C. Eligible schools that receive funds monies pursuant to this section shall submit data on expenditures and results and other information required by subsection E of this section.
D. Eligible schools may use monies for eligible expenses to increase the reading proficiency of students in kindergarten programs and grades one, two and three. Eligible schools may also use monies to provide a full-day kindergarten program that is structured to increase reading proficiency. Monies must be used to expand, enhance and support the components included in a school's reading program plan submitted pursuant to section 15-211.
E. Subject to review and approval by the state board of education, the department of education shall include a report on the early literacy program in the K-3 reading program plan required by section 15-211. The report shall contain the following:
1. A description of the funds monies awarded each year.
2. A summary of the funded activities.
3. Information on the recipient schools' progress toward achievement goals.
4. Specific findings on strategies and activities and their level of effectiveness in improving reading proficiency in the recipient schools.
F. The program established by this section ends on July 1, 2025 pursuant to section 41-3102.
G. F. For the purposes of this section:
1. "Eligible expenses" means expenses for evidence-based strategies and interventions designed to improve the reading proficiency of students in kindergarten programs and grades one, two and three pursuant to sections 15-211 and 15-704, including literacy coaches and literacy specialists, reading curricula, kindergarten readiness assessments, summer programs or tutoring programs.
2. "Eligible school" means a public school with at least ninety percent of students who are eligible for free and reduced-priced lunches under the national school lunch and child nutrition acts (42 United States Code sections 1751 through 1785).
3. "Student count" means the average daily membership for pupils in kindergarten programs and grades one, two and three, as prescribed in section 15-901 for the current year.
Sec. 7. Section 15-249.15, Arizona Revised Statutes, is amended to read:
15-249.15. Arizona industry credentials incentive program; distributions; report; fund
A. The Arizona industry credentials incentive program is established within the department of education to provide incentive awards to school districts, charter schools and career technical education districts for high school graduates who obtain a certification, credential or license that is accepted by a vocation or industry through a career technical education course or program.
B. On or before September 1 of each year, the office of economic opportunity shall provide an in-demand education list to the department of education that includes information related to wages, business growth and job openings and that identifies and ranks the top occupations in each industry that address a critical statewide, regional or local economic need. The office of economic opportunity shall incorporate industry feedback as part of the development of the in-demand education list.
C. On or before October 1 of each year, the department of education shall align the office of economic opportunity in-demand education list to the career technical education industry credentials list of approved career technical education programs.
D. On or before February 1 of each year, the department of education shall convene a quality skills commission to be composed of individuals from the office of economic opportunity, the department of education, the Arizona commerce authority, school districts, charter schools, career technical education districts, industry partners and business organizations to review a separate career technical education industry credential credentials list that includes only those certificates, credentials and licenses that would qualify for the Arizona industry credential credentials incentive program.
E. On or before March 1 of each year, the department of education shall publish and post on its website and submit to the joint legislative budget committee for review the career technical education industry credentials list that includes only those certificates, credentials and licenses that would qualify for the Arizona industry credentials incentive program in the subsequent school year.
F. Beginning in fiscal year 2020-2021, the department of education shall pay an incentive award of $1,000 to school districts, charter schools and career technical education districts for each student who meets both of the following conditions:
1. Demonstrates completion of high school graduation requirements pursuant to section 15-701.01 in the second school year preceding the budget year.
2. Completes a program resulting in a qualifying certificate, credential or license that is included on the career technical education industry credentials list pursuant to subsection E of this section or that was included on the list at the time the student began the program.
G. If the statewide sum of the incentive awards pursuant to subsection F of this section exceeds the amount of available monies appropriated for incentive awards, the monies shall be reduced proportionally to cover all eligible incentive awardees. A student at the public school may generate only one $1,000 award even if the student earns more than one qualified certificate, credential or license. The department of education shall disburse the award amount for a student to the school district, charter school or career technical education district that the student attended for coursework related to the industry credential award being paid on that student's behalf. If the student received that coursework at more than one school district, charter school or career technical education district, the award amount shall be allocated on a pro rata basis in a manner determined by the department of education.
H. A school district, charter school or career technical education district that receives an incentive award pursuant to this section shall spend these monies on any of the following:
1. For instructional costs and professional development for a career technical education program teacher to become a certifying professional for an approved certificate, credential or license.
2. To offset the students' cost of certification, credentialing or licensure.
3. For developmental costs related to creating, expanding or improving an approved site of a certificate, credential or license career technical education program or course.
4. For instructional hardware, software or supplies required for the certification, credentialing or licensure.
5. For career exploration in any school grade and awareness activities for parents, students and the community for the approved sectors.
I. Any incentive award monies received by a school district, charter school or career technical education district pursuant to this subsection section shall be separately accounted for in the school district's, charter school's or career technical education district's annual financial report within the career technical education line item with the intent that school districts, charter schools and career technical education districts report on the expenditures as specified in subsection H of this section.
J. Subject to review and approval of the state board of education, the department of education shall establish the format of the online application, the submission of data, the reporting requirements, including submittal of data through a designated online portal, and audit procedures for the Arizona industry credentials incentive program.
K. Subject to the review and approval of the state board of education, on or before February 1 of each year, the department of education shall submit to the president of the senate, the speaker of the house of representatives, the governor and the secretary of state a report that summarizes all of the following for the prior fiscal year:
1. The number of students at each school, by grade level, who were enrolled in a career technical education program or course with a qualifying certificate, credential or license.
2. The number of high school graduates at each school who completed a career technical education program and obtained a qualifying certificate, credential or license.
3. The incentive awards distributed to each school.
4. The number and types of certificates, credentials and licenses obtained by students who received incentive awards.
L. The Arizona industry credentials incentive fund is established consisting of monies appropriated for this purpose. The department of education shall administer the fund. Monies in the fund are continuously appropriated. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
M. The program established by this section ends on July 1, 2029 pursuant to section 41-3102.
Sec. 8. Section 15-258, Arizona Revised Statutes, is amended to read:
15-258. State seal of biliteracy program; requirements; diploma
A. The superintendent of public instruction shall establish a state seal of biliteracy program to recognize students who graduate from a school operated by a school district or a charter school located in this state and who have attained a high level of proficiency in one or more languages in addition to English.
B. The superintendent of public instruction shall:
1. Create a state seal of biliteracy that shall be affixed to the diploma and noted on the transcript of a student to recognize that the student has met the requirements prescribed in this section.
2. Deliver the state seal of biliteracy to each public school district or charter school that participates in the program.
C. Any school district or charter school may voluntarily participate in the state seal of biliteracy program by notifying the superintendent of public instruction of the school district's or charter school's intent to participate in the program.
D. Each school district governing board or charter school governing body that participates in the state seal of biliteracy program shall:
1. Identify the students who have met the requirements to be awarded the state seal of biliteracy.
2. Affix the state seal of biliteracy to the diploma and note the receipt of the state seal of biliteracy on the transcript of each student who meets those requirements.
E. The state board of education, in collaboration with the department of education, shall adopt a list of assessments using researched-based research-based methodology to determine a student's proficiency in a language other than English and may adopt rules as necessary to carry out the purposes of this section.
F. A school district or charter school that participates in the state seal of biliteracy program established pursuant to this section shall award a student, on graduation from high school, a high school diploma with a state seal of biliteracy if the student meets all of the following requirements:
1. Successfully completes all English language arts requirements for graduation with an overall grade point average in those classes of 2.0 or higher on a 4.0 scale, or the equivalent.
2. Passes the end-of-course examinations in English language arts required pursuant to section 15-755.
3. Demonstrates proficiency in one or more languages other than English by meeting the requirements adopted pursuant to subsection E of this section.
4. If the student has a primary language other than English, obtains a score of proficient or higher based on the English language proficiency standards, pursuant to section 15-756.
G. The program established pursuant to this section ends on July 1, 2026 pursuant to section 41-3102.
Sec. 9. Section 15-259, Arizona Revised Statutes, is amended to read:
15-259. State seal of civics literacy program; requirements; diploma
A. The superintendent of public instruction shall establish a state seal of civics literacy program to recognize students who graduate from a school operated by a school district or a charter school located in this state and who have attained a high level of proficiency in civics.
B. The superintendent of public instruction shall:
1. Create a state seal of civics literacy that shall be affixed to the diploma and noted on the transcript of a student to recognize that the student has met the requirements prescribed in this section.
2. Deliver the state seal of civics literacy to each public school district or charter school that participates in the program.
C. Any school district or charter school may voluntarily participate in the state seal of civics literacy program by notifying the superintendent of public instruction of the school district's or charter school's intent to participate in the program.
D. Each school district governing board or charter school governing body that participates in the state seal of civics literacy program shall:
1. Identify the students who have met the requirements to be awarded the state seal of civics literacy.
2. Affix the state seal of civics literacy to the diploma and note the receipt of the state seal of civics literacy on the transcript of each student who meets those requirements.
E. In addition to the social studies graduation requirements prescribed in section 15-701.01, the state board of education, in collaboration with the school of civic and economic thought and leadership at Arizona state university and other experts on fundamental civic knowledge and civic literacy at universities in this state, shall adopt a list of assessments using researched-based research-based methodology to determine a student's proficiency in civics and may adopt rules as necessary to carry out the purposes of this section.
F. A school district or charter school that participates in the state seal of civics literacy program established pursuant to this section shall award a student, on graduation from high school, a high school diploma with a state seal of civics literacy if the student meets both of the following requirements:
1. Successfully completes all social studies requirements for graduation with an overall grade point average in those classes of 3.0 or higher on a 4.0 scale, or the equivalent.
2. Demonstrates proficiency in civics by meeting the requirements adopted pursuant to subsection E of this section.
G. The program established pursuant to this section ends on July 1, 2028 pursuant to section 41-3102.
Sec. 10. Section 15-260, Arizona Revised Statutes, is amended to read:
15-260. State seal of personal finance proficiency program; requirements; diploma
A. The superintendent of public instruction shall establish a state seal of personal finance proficiency program to recognize students who graduate from a school operated by a school district or a charter school located in this state and who have attained a high level of proficiency in personal finance.
B. The superintendent of public instruction shall:
1. Create a state seal of personal finance proficiency, which shall be affixed to the diploma and noted on the transcript of a student to recognize that the student has met the requirements prescribed in this section.
2. Deliver the state seal of personal finance proficiency to each public school district or charter school that participates in the program.
C. Any school district or charter school may voluntarily participate in the state seal of personal finance proficiency program by notifying the superintendent of public instruction of the school district's or charter school's intent to participate in the program.
D. Each school district governing board or charter school governing body that participates in the state seal of personal finance proficiency program shall:
1. Identify the students who have met the requirements to be awarded the state seal of personal finance proficiency.
2. Affix the state seal of personal finance proficiency to the diploma and note the receipt of the state seal of personal finance proficiency on the transcript of each student who meets those requirements.
E. The state board of education, in collaboration with any organization with expertise in finance or financial literacy, shall adopt minimum requirements for the program established pursuant to this section and may adopt rules as necessary to carry out the purposes of this section.
F. A school district or charter school that participates in the state seal of personal finance proficiency program established pursuant to this section shall award a student, on graduation from high school, a high school diploma with a state seal of personal finance proficiency if the student meets both of the following requirements:
1. Successfully completes all social studies requirements for graduation with an overall grade point average in those classes of 3.0 or higher on a 4.0 scale, or the equivalent.
2. Demonstrates proficiency in personal finance by meeting the requirements adopted pursuant to subsection E of this section.
G. The program established pursuant to this section ends on July 1, 2028 pursuant to section 41-3102.
Sec. 11. Section 15-261, Arizona Revised Statutes, is amended to read:
15-261. State seal of arts proficiency program; requirements; diploma
A. The superintendent of public instruction shall establish a state seal of arts proficiency program to recognize students who graduate from a school operated by a school district or a charter school located in this state and who have attained a high level of proficiency in the arts.
B. The superintendent of public instruction shall:
1. Create a state seal of arts proficiency, which shall be affixed to the diploma and noted on the transcript of a student to recognize that the student has met the requirements prescribed in this section.
2. Deliver the state seal of arts proficiency to each public school district or charter school that participates in the program.
C. Any school district or charter school may voluntarily participate in the state seal of arts proficiency program by notifying the superintendent of public instruction of the school district's or charter school's intent to participate in the program.
D. Each school district governing board or charter school governing body that participates in the state seal of arts proficiency program shall:
1. Identify the students who have met the requirements to be awarded the state seal of arts proficiency.
2. Affix the state seal of arts proficiency to the diploma and note the receipt of the state seal of arts proficiency on the transcript of each student who meets those requirements.
E. The state board of education, in collaboration with the department of education and experts in arts education, shall adopt minimum requirements for the program established pursuant to this section and may adopt rules as necessary to carry out the purposes of this section.
F. A school district or charter school that participates in the state seal of arts proficiency program established pursuant to this section shall award a student, on graduation from high school, a high school diploma with a state seal of arts proficiency if the student demonstrates proficiency in arts by meeting the requirements adopted pursuant to this section.
G. The program established pursuant to this section ends on July 1, 2029 pursuant to section 41-3102.
Sec. 12. Section 15-707, Arizona Revised Statutes, is amended to read:
15-707. College and career readiness program for at-risk students; requirements; annual report; definition
A. A school district or charter school that provides high school instruction may establish a college and career readiness program for at-risk students. A program established pursuant to this section shall meet the following requirements:
1. Consist of at least nine consecutive months of academic support, including tutoring and remediation, to ensure that participating students meet the academic standards adopted by the state board of education.
2. Consist of comprehensive instruction on workplace skills as adopted by the state board of education.
3. Consist of instruction on leadership and civic duty.
4. Require students who participate in the program to earn credits toward graduation from high school.
5. Require students who participate in the program to perform volunteer activities or community service.
6. Require students who participate in the program to continue to participate in the program for twelve months after graduation from high school, during which time the school district or charter school shall provide follow-up assistance that is designed to assist the student's transition to postsecondary education, vocational or job training, military service or employment. A participating school district or charter school may develop a dual enrollment course program in order to meet the requirements of this paragraph.
7. Be administered through a private entity selected by the department of education.
B. School districts and charter schools that participate in the program shall annually report the following information to the department of education:
1. The percentage of students who participate in the program and who graduate from high school or obtain a general equivalency degree diploma on or within twelve months after the scheduled graduation date for that student's classmates.
2. The percentage of students who participate in the program, who graduate from high school or obtain a general equivalency degree diploma and who begin participation in postsecondary education, employment, vocational or job training or military service within twelve months after the scheduled graduation date for that student's classmates.
3. The percentage of students who participate in the program and who are either enrolled full time at a postsecondary education institution, employed full time, enrolled in a full-time vocational or job training program or on active duty in the armed forces of the United States, or any combination of these activities that in totality amounts to full-time activity, within twelve months after the scheduled graduation date for that student's classmates.
4. The percentage of students who participate in the program and their achievement scores on the statewide assessment adopted by the state board of education prescribed in section 15-741.
C. On or before September 15 of each year, the department of education shall submit an annual a report to the governor, the president of the senate and the speaker of the house of representatives that summarizes the information submitted pursuant to subsection B of this section. The department of education shall provide a copy of the annual report to the secretary of state.
D. The program established by this section ends on July 1, 2027 pursuant to section 41-3102.
E. D. For the purposes of this section, "at-risk student" means a pupil in grade eleven or twelve who either:
1. Is likely to drop out of high school without graduating.
2. Has documented academic, personal or vocational barriers to success in high school and the workplace including having been subject to discipline, suspension or expulsion pursuant to section 15-843.
Sec. 13. Repeal
Section 15-1785, Arizona Revised Statutes, is repealed.
Sec. 14. Section 15-1855, Arizona Revised Statutes, is amended to read:
15-1855. Private postsecondary education grant program; fund
A. The commission for postsecondary education shall establish and administer a private postsecondary education grant program.
B. Grants issued under the private postsecondary education grant program are subject to legislative appropriation and may be used to pay for any of the following:
1. Tuition charged at a school that qualifies under this section.
2. The cost of books required for classes at a school that qualifies under this section.
3. Fees charged at a school that qualifies under this section.
C. To be eligible for a grant under this section, a student applicant must provide proof that the student has met all of the following criteria:
1. Either:
(a) Is currently a resident of this state and has been a resident of this state for at least the past twelve months.
(b) Is a member of the military service of the United States and is stationed in this state or is the spouse or a dependent of a member of the military service of the United States who is stationed in this state.
2. Registers for enrollment as a student in a certificated or degreed science, technology, engineering or math field, or a related field, as defined by the commission in consultation with the governor's workforce Arizona council, the office of economic opportunity and other economic and workforce development organizations in either:
(a) A baccalaureate program at a nationally or regionally accredited private postsecondary educational institution in this state.
(b) A certificate program at a nationally or regionally accredited private postsecondary educational institution in this state that awards associate degrees.
3. Provides either proof of successfully completing one academic year of college-level academic coursework or both of the following:
(a) A high school transcript that demonstrates proof of graduation from a public or private high school in this state. If high school records no longer exist for the student or if every reasonable effort has been made to obtain official records, the student may submit a letter certified by the high school from which the student graduated or the student's original high school diploma.
(b) A high school transcript that demonstrates proof that the student meets either of the following:
(i) For a student enrolling in a baccalaureate program, a minimum grade point average of 3.5 on a 4.0 scale, or the equivalent.
(ii) For a student enrolling in an associate degree program, a minimum grade point average of 2.75 on a 4.0 scale, or the equivalent.
4. For students enrolling in an associate degree program, submits a letter of support from the student's vocational counselor, current or former teachers teacher, or current or former employers employer.
5. Completes and submits a free application for federal student aid and meets the eligibility criteria for the federal pell grant.
6. Provides proof that the enrolling institution or affiliated entity, such as a foundation or an alumni association, has awarded the student applicant a matching grant or scholarship, or both.
D. A student attending a four-year program who fails to receive a baccalaureate degree within the seven-year period after the receipt of a grant pursuant to this section or a student attending a two-year program who fails to receive an associate degree within the four-year period after the receipt of a grant pursuant to this section shall reimburse the private postsecondary education grant fund for all grant monies received under this section. On receipt of supporting documentation from the student and for good cause shown, the commission may provide extensions beyond the four-year and seven-year periods prescribed in this subsection.
E. If the grant revenues are not exhausted in a grant cycle for students in the science, technology, engineering or math fields, or related fields, as described in this section, the commission may distribute grants to students enrolled in other certificate or degree programs.
F. If the commission is notified by a school that a student who received a private postsecondary education grant pursuant to this section is no longer in good academic standing at the school, the commission shall immediately discontinue the grant and the student shall reimburse the private postsecondary education grant fund for any unused portion or any unlawfully used portion of the grant monies received.
G. The private postsecondary education grant fund is established consisting of legislative appropriations and grants, gifts, devises and donations from any public or private source. The commission shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The commission shall make awards for payment of tuition at schools that qualify under this section to students who are selected to receive a grant under this section.
H. The program established pursuant to this section ends on July 1, 2027 pursuant to section 41-3102.
Sec. 15. Section 15-1867, Arizona Revised Statutes, is amended to read:
15-1867. Arizona board of regents; committee on free expression; annual report
A. The Arizona board of regents shall establish a committee on free expression consisting of at least fifteen members.
B. The committee on free expression shall submit an annual report on or before September 1 to the governor, the speaker of the house of representatives and the president of the senate. The Arizona board of regents shall post a copy of the annual report on its website and shall submit a copy of the annual report to the secretary of state. The annual report shall include:
1. A description of any barriers to or disruptions of free expression within the universities in this state.
2. A description of the administrative handling and discipline relating to barriers to or disruptions of free expression within the universities in this state.
3. A description of substantial difficulties, controversies or successes in maintaining a posture of administrative and institutional neutrality.
4. Any assessments, criticisms, commendations or recommendations that the committee decides to include in the annual report.
5. An accounting of how student activity fees were allocated in the prior year. For the purposes of this paragraph, "student activity fees" means any fee that is charged to students by a university in this state and that is used to support and facilitate the expression and activities of students or student organizations.
C. The committee established pursuant to this section ends on July 1, 2026 pursuant to section 41-3103.
Sec. 16. Section 15-1868, Arizona Revised Statutes, is amended to read:
15-1868. Community college districts; committee on free expression; annual report
A. The community college district governing boards shall each establish a committee on free expression.
B. Each committee on free expression shall submit an annual report on or before December 1 to the governor, the speaker of the house of representatives and the president of the senate and submit a copy of the annual report to the secretary of state. Each community college district shall post a copy of the annual report on its respective website. The annual report shall include:
1. A description of any barriers to or disruptions of free expression within the community colleges in this state.
2. A description of the administrative handling and discipline relating to barriers to or disruptions of free expression within the community colleges in this state.
3. A description of substantial difficulties, controversies or successes in maintaining a posture of administrative and institutional neutrality.
4. Any assessments, criticisms, commendations or recommendations that the committee decides to include in the annual report.
5. An accounting of how student activity fees were allocated in the prior year. For the purposes of this paragraph, "student activity fees" means any fee that is charged to students by a community college in this state and that is used to support and facilitate the expression and activities of students or student organizations.
C. Each committee established pursuant to this section ends on July 1, 2026 pursuant to section 41-3103.
Sec. 17. Section 17-491, Arizona Revised Statutes, is amended to read:
17-491. Livestock loss board; members; terms; compensation; annual report
A. The livestock loss board is established to address the depredation of wolves on livestock operations. The livestock loss board consists of the following members:
1. The director of the Arizona department of agriculture or the director's designee.
2. The director of the Arizona game and fish department or the director's designee.
3. Three members who represent the livestock industry, who have knowledge and experience with wildlife impacts and management and who are appointed by the governor pursuant to section 38-211.
4. Two members who represent wildlife conservation or wildlife management, who have knowledge and experience with livestock production or management and who are appointed by the governor pursuant to section 38-211.
5. One member who is a livestock auction market owner and who is appointed by the speaker of the house of representatives.
6. One member who is a faculty member at a university under the jurisdiction of the Arizona board of regents, who has expertise in agricultural and life sciences and who is appointed by the president of the senate.
B. The initial members of the livestock loss board who are appointed pursuant to subsection A, paragraphs 3, 4, 5 and 6 of this section shall assign themselves by lot to terms of two and four years in office. All subsequent members serve four-year terms of office. The chairperson shall notify the governor's office, the president of the senate and the speaker of the house of representatives of these appointments.
C. A majority of the members constitute a quorum.
D. The livestock loss board shall annually elect a chairperson from its members.
E. Members of the livestock loss board are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
F. The livestock loss board shall submit to the governor, the president of the senate and the speaker of the house of representatives on or before December 31 of each year a report of the number of applications for compensation, the total amount of monies provided to landowners, lessees and livestock operators that year and any recommendations. The livestock loss board shall provide a copy of this report to the secretary of state.
G. The board established by this section ends on July 1, 2023 pursuant to section 41-3103.
Sec. 18. Section 18-422, Arizona Revised Statutes, is amended to read:
18-422. State agencies; third-party electronic service provider authorization; definitions
A. Any state agency may authorize a person to be a third-party electronic service provider.
B. The written agreement between the state agency and the authorized third-party electronic service provider may be for a limited number of services and may limit the persons that may receive the services.
C. An authorized third-party electronic service provider must meet all of the requirements established by the state agency and must be selected through a competitive bid process.
D. An authorized third-party electronic service provider:
1. Shall submit to the state agency all statutorily prescribed fees and taxes it collects and deposit pursuant to sections 35-146 and 35-147 the fees and taxes with the state treasurer.
2. May collect and retain a reasonable and commensurate fee for its services.
E. For the purposes of this section:
1. "Authorized third-party electronic service provider" means an entity that has executed a written agreement with a state agency and that is authorized by the state agency to provide electronic transmission services between the state agency, private citizens, other government agencies and public and private entities in this state or in any other state, territory or country.
2. "Person" includes a corporation, company, partnership, firm, association or society.
3. "State agency" has the same meaning prescribed in section 41-3101 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.
Sec. 19. Repeal
Section 18-612, Arizona Revised Statutes, is repealed.
Sec. 20. Section 20-3505, Arizona Revised Statutes, is amended to read:
20-3505. Mental health parity advisory committee; members
A. The mental health parity advisory committee is established to advise the directors of the department of insurance and financial institutions and department of health services relating to matters pertinent to mental health parity, including recommendations related to case management, discharge planning and expedited review and appeals processes for cases involving suicidal ideation. The director of the department of insurance and financial institutions shall appoint the following members to the committee:
1. Four members who represent health care insurers.
2. One member who is a licensed behavioral health services provider.
3. One member who represents a behavioral health advocacy organization.
4. At least three members or family members who are not employed by or contracted with the state and who have been affected by suicide, substance use or a mental health disorder.
5. At least one member who represents a hospital that provides inpatient behavioral health services.
B. The director of the Arizona health care cost containment system may serve in an advisory capacity at the request of the director of the department of insurance and financial institutions or the director of the department of health services.
C. The committee established by this section ends on July 1, 2028 pursuant to section 41-3103.
Sec. 21. Section 23-432, Arizona Revised Statutes, is amended to read:
23-432. Voluntary protection and other model system implementation programs; exemption
A. The division shall adopt definitions, regulations and standards necessary for the operation of the program in a manner that will promote safe and healthy workplaces throughout this state. Standards for the program shall include the following requirements for participation:
1. Upper management leadership and active and meaningful employee involvement.
2. Systematic assessment of occupational hazards.
3. Comprehensive hazard prevention, mitigation and control programs.
4. Employee safety and health training.
5. Safety and health program evaluation by the division to ensure that a workplace continuously meets the standards and regulations.
B. Applications for participation in the program shall be submitted by the workplace's management. Applications shall include documentation establishing to the satisfaction of the division that the employer meets all requirements for program participation.
C. The division shall provide for on-site evaluations by the division's consultation section of each workplace that has applied to participate in the program to determine that the applicant's workplace complies with the requirements for program participation.
D. A workplace's continued participation in the program is conditioned on compliance with the requirements for program participation, as determined by periodic, planned on-site evaluations by the division.
E. During periods in which a workplace is a program participant, the workplace is exempt from inspections or investigations under section 23-408. This exception does not apply to inspections or investigations of the workplace arising from complaints, referrals, fatalities, catastrophes, nonfatal accidents or significant toxic chemical releases.
F. Any workplace that was a participant in the uncodified voluntary protection program or any other program that implements a model system conducted by the division before August 9, 2017 may continue as a participant in the program established pursuant to this section. Beginning on August 9, 2017, the continued participation by such a workplace in the program is conditioned on the workplace's compliance with the requirements for program participation adopted by the division.
G. The program established by this section ends on July 1, 2027 pursuant to section 41-3102.
Sec. 22. Section 28-1303, Arizona Revised Statutes, is amended to read:
28-1303. Oversight council on driving or operating under the influence abatement; report
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.
I. The council established by this section ends on July 1, 2024 pursuant to section 41-3103.
Sec. 23. Heading change
The article heading of title 28, chapter 8, article 2, Arizona Revised Statutes, is changed from "advisory entities" to "school bus advisory council".
Sec. 24. Section 28-3053, Arizona Revised Statutes, is amended to read:
28-3053. School bus advisory council
A. The school bus advisory council is established consisting of nine members appointed by the governor. The governor shall appoint the members as follows:
1. One member representing the department of public safety.
2. One member representing the state board of education.
3. One member from a school district with a student count of less than six hundred.
4. One member from a school district with a student count of six hundred or more but less than three thousand.
5. One member from a school district with a student count of three thousand or more but less than ten thousand.
6. One member from a school district with a student count of ten thousand or more.
7. One member representing transportation administrators.
8. One member who is a certified school bus driver or school bus driver instructor.
9. One member representing a private sector school bus service provider.
B. The members shall serve staggered three-year terms unless a member vacates the position. Appointment to fill a vacancy resulting other than from expiration of a term is for the unexpired portion of the term only.
C. The school bus advisory council shall:
1. Meet at least annually.
2. Select a chairman chairperson from its members.
3. Advise and assist the department of public safety in developing the rules required by sections 28-900 and 28-3228.
4. Recommend curricula for school bus driver safety and training courses required by section 28-3228.
5. Advise and consult with the department of public safety concerning matters related to the certification of school bus drivers and the safety of school buses.
6. Establish a mailing list that includes any party expressing an interest in the council's activities. The council shall provide written notice to each person on the list at least fifteen days before the date on which the meeting is to be held. The notice shall be sent by mail or electronic means to the party's last address of record with the council or by any other method reasonably calculated to effect actual notice to any party expressing interest in the council's activities. Written notice by electronic means is effective when transmitted. For other methods written notice is effective on receipt or five days after the date shown on the postmark stamped on the envelope, whichever is earlier.
D. Members of the school bus advisory council are not eligible to receive compensation or reimbursement for expenses.
E. The council established by this section ends on July 1, 2024 pursuant to section 41-3103.
Sec. 25. Section 28-4505, Arizona Revised Statutes, is amended to read:
28-4505. Unlicensed motor vehicle dealer enforcement task force; report
A. The unlicensed motor vehicle dealer enforcement task force is established in the department of transportation and consists of the following members:
1. Three members from the department of transportation who are appointed by the director of the department of transportation.
2. Three members from the department of revenue who are appointed by the director of the department of revenue.
3. Three members who represent an independent automobile dealers' association in this state and who are appointed by the director of the department of transportation.
B. The unlicensed motor vehicle dealer enforcement task force shall:
1. Meet at least quarterly to review unlicensed motor vehicle dealer enforcement activities in this state.
2. Submit a report to the director of the department of transportation at least quarterly that contains the status of the task force's findings and provide a copy of this report to the secretary of state.
C. The task force established by this section ends on July 1, 2026 pursuant to section 41-3103.
Sec. 26. Section 28-6308, Arizona Revised Statutes, is amended to read:
28-6308. Regional planning agency transportation policy committee; regional transportation plan; plan review process
A. The regional planning agency in the county shall establish a transportation policy committee consisting of twenty-three members as follows:
1. Seventeen members of the regional planning agency, including one member of the state transportation board who represents the county, one member of the county board of supervisors and one member representing Indian communities in the county.
2. Six members who represent regionwide business interests, one of whom must represent transit interests, one of whom must represent freight interests and one of whom must represent construction interests. The president of the senate and the speaker of the house of representatives shall each appoint three members to the committee pursuant to this paragraph. Members who are appointed pursuant to this paragraph serve six-year terms. The chairman chairperson of the regional planning agency may submit names to the president of the senate and the speaker of the house of representatives for consideration for appointment to the transportation policy committee.
B. Through the regional planning agency, the transportation policy committee shall:
1. By a majority vote of the members, recommend approval of a twenty year twenty-year comprehensive, performance based performance-based, multimodal and coordinated regional transportation plan in the county, including transportation corridors by priority and a schedule indicating the dates that construction will commence for projects contained in the plan.
2. Develop the plan in cooperation with the regional public transportation authority in the county and the department of transportation and in consultation with the county board of supervisors, Indian communities and cities and towns in the county.
3. Submit the plan for review by the regional public transportation authority in the county, the state board of transportation, the county board of supervisors, Indian communities and cities and towns in the county at the alternatives stage of the plan and the final draft stage of the plan. After reviewing the plan, the regional public transportation authority in the county, the county board of supervisors and the state board of transportation, by majority vote of the members of each entity within thirty days after receiving the plan, shall submit a written recommendation to the transportation policy committee that the plan be approved, modified or disapproved. Within thirty days after receiving the plan, Indian communities and cities and towns in the county may submit a written recommendation to the transportation policy committee that the plan be approved, modified or disapproved.
4. Consider plan modifications proposed by any of the entities as prescribed in paragraph 3 of this subsection.
5. By majority vote, approve, disapprove or further modify each proposed plan modification.
6. Provide a written response to the regional public transportation authority, the state board of transportation, the county board of supervisors and the entity that submitted the proposed modification within thirty days after the vote on the proposed modification explaining the affirmation, rejection or further modification of each proposed modification.
7. Recommend the plan to the regional planning agency for approval for an air quality conformity analysis.
C. The regional transportation plan:
1. Shall include the following transportation mode classifications with a revenue allocation to each classification consistent with section 42-6105, subsection D:
(a) Freeways and other routes in the state highway system.
(b) Major arterial streets and intersection improvements.
(c) Public transportation systems.
2. Shall provide a suggested construction schedule for the transportation projects contained in the plan.
3. May be annually updated to introduce new controlled access highways, related grade separations and transportation projects or to modify the existing plan.
4. Shall be developed to meet federal air quality requirements established for the region in which it is located.
D. Transportation excise tax revenues that are distributed pursuant to section 42-6105, subsection D shall not be redistributed or used for other transportation modes. Except as provided by section 28-6353, subsections D, E and F, transportation excise tax revenues that are dedicated in the plan to a specific project or transportation system may only be redistributed to or otherwise used for another project within the same transportation mode if approved by a majority vote of the transportation policy committee.
E. The committee established pursuant to this section ends on July 1, 2024 pursuant to section 41-3103.
Sec. 27. Section 28-7058, Arizona Revised Statutes, is amended to read:
28-7058. Privatization of rest areas; state certified rest area program; definitions
A. The department may:
1. Privatize any rest area constructed on or adjacent to state highways in this state on or after September 26, 2008. Any agreement between the department and a person for privatization under this section shall include a provision that:
(a) Prohibits the person from charging any fees for the use of a lavatory.
(b) Requires the person to provide an adequate outdoor picnic area to be available to the public at no charge.
2. Establish a state certified rest area program that meets the requirements established by the federal highway administration pursuant to Public Law 109-59, section 1310.
3. Contract with a third party or other government entity to certify and recertify rest areas for the state certified rest area program.
B. The state certified rest area program established pursuant to this section ends on July 1, 2027 pursuant to section 41-3102.
C. B. For the purposes of this section:
1. "Population" means the population determined in the most recent United States decennial census or in the most recent special census as provided in section 28-6532.
2. "State certified rest area" means a privately owned facility that is both of the following:
(a) Certified by this state or a third party to meet the requirements established by the federal highway administration pursuant to Public Law 109-59, section 1310 and at a minimum offers all of the following:
(i) Fuel and food to the public.
(ii) Twenty-four hour access to restrooms.
(iii) Parking for automobiles and heavy trucks.
(b) Located outside of the public right-of-way and outside of an urbanized area with a population of one hundred thousand or more persons.
3. "Urbanized area" means an urbanized area as defined in the decennial census by the United States bureau of the census.
Sec. 28. Section 28-7059, Arizona Revised Statutes, is amended to read:
28-7059. Rest area sponsorship sign program; revenue sharing agreement
A. The department may establish a rest area sponsorship sign program. Notwithstanding sections 28-648, 28-7048 and 28-7053, the department may contract with a third party to install, maintain and replace rest area sponsorship signs at rest areas located in the public right-of-way of the interstate or state highway system. The third party shall agree in the contract to lease sponsor recognition space and to furnish, install, maintain and replace signs for the benefit of business or organizational sponsors.
B. Costs incurred under the program shall be paid under agreements negotiated between the third party and the business or organizational sponsors.
C. The department may enter into a revenue sharing agreement with the third party. The department shall deposit, pursuant to sections 35-146 and 35-147, all monies received from the revenue sharing agreement in a subaccount of the state highway fund for the purpose of rest area maintenance, operations and repairs.
D. The rest area sponsorship sign program established pursuant to this section ends on July 1, 2027 pursuant to section 41-3102.
Sec. 29. Section 28-7316, Arizona Revised Statutes, is amended to read:
28-7316. Assets and facilities advertising and sponsorship program; definitions
A. In addition to the urban and rural logo sign program programs established by pursuant to section 28-7311, the department may establish a program to lease or sell advertising on nonhighway assets of the department and to allow monetary sponsorship of facilities and other assets of the department. The advertising and sponsorship program established pursuant to this section shall be limited to motor vehicle and motorist-related goods and services. The department may adopt rules to implement and administer this section. The department may:
1. Operate, modify or terminate any advertising and sponsorship program.
2. Generate revenue from any advertising and sponsorship program.
3. Contract with a third party to perform any or all aspects of the advertising and sponsorship program authorized pursuant to this section.
B. The department or a third party may negotiate and execute leases for variable terms, set lease rates, establish lease terms and prescribe forms for leases.
C. If the department contracts with a third party, the third party shall agree in the contract to:
1. The contractor's duties, including:
(a) Furnishing, installing, maintaining and replacing the advertising and sponsorship space or media on the authorized assets and facilities of the department.
(b) Promoting and negotiating the leasing of advertising and sponsorship space or media on the authorized assets and facilities of the department.
2. Compensation.
D. Costs incurred under the program established pursuant to this section shall be paid under agreements negotiated between the department or the third party and the advertisers or sponsors.
E. The department may enter into a revenue sharing agreement with the third party. The department shall deposit, pursuant to sections 35-146 and 35-147, revenues generated from the advertising and sponsorship program, minus program operating costs, in the state highway fund established by section 28-6991.
F. The program established pursuant to this section ends on July 1, 2026 pursuant to section 41-3102.
G. F. For the purposes of this section:
1. "Advertising" means signage or electronic media on department assets that display or promote commercial brands, products or services through a logo, message, or slogan or other information.
2. "Assets" means buildings, transportation infrastructure, vehicles, signage, equipment, internet or other electronic media or other facilities or items of value that are owned, maintained or managed by the department.
3. "Facility" means a building, room, center or space or another location in or on an asset that is owned, leased or controlled by the department and that the department deems suitable for sponsorship.
4. "Sponsorship" means the act of sponsoring an element of the department's operation of an asset through highway-related services, products or monetary contributions.
Sec. 30. Section 32-2942, Arizona Revised Statutes, is amended to read:
32-2942. Mental, behavioral and physical health evaluation and treatment program; confidential consent agreement; private contract; immunity
A. The board may establish a confidential program for the evaluation, treatment and monitoring of persons who are licensed pursuant to this chapter and who have a medical, psychiatric, psychological or behavioral health disorder that may impact the ability to safely practice medicine or perform health care tasks. The program shall include education, intervention, therapeutic treatment and posttreatment monitoring and support.
B. A licensee who has a medical, psychiatric, psychological or behavioral health disorder described in subsection A of this section and who has not committed a violation of this chapter may agree to enter into a confidential consent agreement with the board for participation in a program established pursuant to this section if the licensee either:
1. Voluntarily reports that disorder to the board.
2. Is reported to the board by a peer review committee, hospital medical staff member, health plan or other health care practitioner or health care entity.
C. The board may contract with a private organization to operate a program established pursuant to this section. The contract shall require that the private organization do all of the following:
1. Periodically report to the board regarding treatment program activity.
2. Release all treatment records to the board on demand.
3. Immediately report to the board the name of a licensee who the treating organization believes is incapable of safely practicing medicine or performing health care tasks.
D. An evaluator, teacher, supervisor or volunteer in a program established pursuant to this section who acts in good faith within the scope of that program is not subject to civil liability, including malpractice liability, for the actions of a licensee who is participating in the program pursuant to this section.
E. The program established pursuant to this section ends on July 1, 2025 pursuant to section 41-3102.
Sec. 31. Section 32-3504, Arizona Revised Statutes, is amended to read:
32-3504. Powers and duties; inspection of records; personnel examinations; immunity
A. The board shall:
1. Enforce and administer the provisions of this chapter.
2. Adopt rules necessary to administer this chapter.
3. Examine applicants for licensure pursuant to this chapter at times and places it designates.
4. Investigate each applicant for licensure, before a license is issued, in order to determine if the applicant is qualified pursuant to this chapter.
5. Keep a record of all its acts and proceedings pursuant to this chapter, including the issuance, refusal, renewal, suspension or revocation of licenses.
6. Require each applicant for initial licensure to submit a full set of fingerprints to the board for a state and federal criminal history records check pursuant to section 41-1750 and Public Law 92-544.
7. Maintain a register that contains the name, the last known place of residence and the date and number of the license of all persons who are licensed pursuant to this chapter.
8. Compile, once every two years, a list of licensed respiratory care practitioners who are authorized to practice in this state.
9. Establish minimum annual continuing education requirements for persons who are licensed under this chapter. The board shall approve organizations from which continuing education classes may be accepted.
10. Establish a confidential program for the monitoring of licensees who are chemically dependent and who enroll in rehabilitation programs that meet the criteria established by the board. The board may take further action if the licensee refuses to enter into a stipulated agreement or fails to comply with its terms. In order to protect the public health and safety, the confidentiality requirements of this paragraph do not apply if the licensee does not comply with the stipulated agreement.
B. The board, in approving education programs for respiratory therapists, shall consider the requirements and standards set by the commission on accreditation for respiratory care or its successor organization. The board may recognize examinations administered by a national board for respiratory care approved by the board.
C. The board may conduct examinations under a uniform examination system and may make arrangements with the national board of respiratory care or other organizations regarding examination materials it determines necessary and desirable.
D. The board and its members, personnel and board examiners are personally immune from suit with respect to all acts done and actions taken in good faith and in furtherance of the purposes of this chapter.
E. The program established pursuant to subsection A, paragraph 10 of this section ends on July 1, 2026 pursuant to section 41-3102.
Sec. 32. Section 35-504, Arizona Revised Statutes, is amended to read:
35-504. Debt oversight commission; membership; compensation; duties
A. In order to provide more accurate and meaningful information to the public regarding bond issues, the debt oversight commission is established in the department of administration.
B. The commission consists of the director of the department of administration, who serves as chairman chairperson, and four private citizens who are knowledgeable in the area of finance or bond financing, one who is appointed by the governor and three who are appointed jointly by the president of the senate and the speaker of the house of representatives. The terms of appointive members are three years.
C. An appointment to fill a vacancy on the commission resulting from other than expiration of term is for the unexpired portion of the term.
D. The department of administration shall provide secretarial and staff support services to the commission.
E. The private citizen members of the commission are eligible to receive fifty dollars $50 per day for time spent in the performance of their duties. These monies shall be paid from monies appropriated to the department of administration.
F. The commission shall meet at least annually and, in addition, at the call of the chairman chairperson. The commission shall meet at such times and places as convenient or necessary to conduct its affairs and shall render its findings, reports and recommendations in writing to the governor and to the legislature.
G. The commission shall:
1. Review the information provided to the department of administration as prescribed in section 35-501.
2. Ascertain the bonded indebtedness of all taxing jurisdictions and the relationship to the appropriate debt limitation.
H. The commission established by this section ends on July 1, 2026 pursuant to section 41-3103.
Sec. 33. Section 36-173, Arizona Revised Statutes, is amended to read:
36-173. Advisory committee; membership
A. The health care professionals workforce data repository advisory committee is established to advise the director regarding rules and policies relating to the operation of the health care professionals workforce data repository. The advisory committee consists of at least fourteen members but not more than fifteen members who are appointed by the director and includes:
1. The director or the director's designee, who serves as the chairperson.
2. One person who represents each health profession regulatory board that collects and transfers data to the health care professionals workforce data repository.
3. At least two persons who represent universities in this state.
4. At least one person who represents a community college in this state.
5. At least one person who represents a hospital in a county in this state with a population of five hundred thousand persons or more.
6. At least one person who represents a hospital in a county in this state with a population of less than five hundred thousand persons.
7. One person who is a behavioral health services provider.
8. One person who is an outpatient services provider.
9. At least one person who represents a nonprofit organization that conducts research and education related to health care.
B. The advisory committee members shall serve three-year terms. Members serve in a voluntary capacity but are eligible to receive reimbursement of expenses pursuant to title 38, chapter 4, article 2.
C. The advisory committee established by this section ends on July 1, 2027 pursuant to section 41-3103.
Sec. 34. Section 36-199, Arizona Revised Statutes, is amended to read:
36-199. Suicide mortality review team; members; duties
A. The suicide mortality review team is established in the department of health services. The head of each of the following entities or that person's designee shall serve on the review team:
1. The department of health services.
2. The Arizona health care cost containment system.
3. The department of economic security.
4. The governor's office of youth, faith and family.
5. The department of education.
6. The Arizona council of human services service providers.
7. The department of public safety.
B. The director of the department of health services shall appoint the following members to serve on the review team:
1. A medical examiner who is a rural forensic pathologist.
2. A medical examiner who is a metropolitan forensic pathologist.
3. A representative of a tribal government.
4. A representative of a health care insurer.
5. A public member.
6. A representative of an emergency management system provider.
7. A health care professional from a statewide association representing pediatricians.
8. A health care professional from a statewide association representing physicians.
9. A health care professional from a statewide association representing nurses.
10. A representative of an association of county health officers.
11. A representative of an association representing hospitals.
12. A professional who specializes in the prevention, diagnosis and treatment of behavioral health problems.
13. A county sheriff, or the sheriff's designee, who represents a county with a population of less than five hundred thousand persons and a county sheriff, or the sheriff's designee, who represents a county with a population of at least five hundred thousand persons.
14. A representative of a veterans organization or military family advocacy program.
15. A representative of a statewide association representing area agencies on aging.
16. A representative of a nonprofit community-based organization providing suicide prevention services.
17. A representative of a rural health organization.
C. The review team shall:
1. Develop a suicide mortalities data collection system.
2. Conduct an annual analysis on the incidences and causes of suicides in this state during the preceding fiscal year.
3. Encourage and assist in the development of local suicide mortality review teams.
4. Develop standards and protocols for local suicide mortality review teams and provide training and technical assistance to these teams.
5. Develop protocols for suicide investigations, including protocols for law enforcement agencies, prosecutors, medical examiners, health care facilities and social service agencies.
6. Study the adequacy of statutes, ordinances, rules, training and services to determine what changes are needed to decrease the incidence of preventable suicides and, as appropriate, take steps to implement these changes.
7. Educate the public regarding the incidences and causes of suicide as well as the public's role in preventing these deaths.
8. Designate a member of the review team to serve as chairperson.
D. Review team members are not eligible to receive compensation, but members appointed pursuant to subsection B of this section are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
E. The department of health services shall provide professional and administrative support to the team.
F. The review team established by this section ends on July 1, 2028 pursuant to section 41-3103.
Sec. 35. Section 36-779, Arizona Revised Statutes, is amended to read:
36-779. Tobacco revenue use spending and tracking commission
A. The president of the senate and the speaker of the house of representatives shall establish a tobacco revenue use spending and tracking commission.
B. The president of the senate and the speaker of the house of representatives shall each appoint six members to the commission who have expertise in any of the following:
1. Public health services.
2. Programs relating to tobacco use cessation or tobacco addiction.
3. School-based tobacco education programs.
4. Marketing or public relations.
5. Research and evaluation of public health programs.
C. The speaker of the house of representatives and the president of the senate shall each appoint one member of the house of representatives and the senate respectively to serve as nonvoting advisory members of the commission whose presence is not counted for purposes of determining the presence of a quorum.
D. Commission members serve at the pleasure of their respective appointing officer.
E. Commission members are not eligible to receive compensation or reimbursement of expenses.
F. The commission shall advise and consult with the department of health services on the goals, objectives and activities of programs that receive monies pursuant to section 36-772.
G. The commission shall meet at least four times each calendar year.
H. At its first meeting the commission shall elect a chairperson and vice-chairperson from among its members and shall adopt bylaws to govern issues related to the conduct of commission business and conflicts of interest.
I. The commission established by this section ends on July 1, 2021 pursuant to section 41-3103.
Sec. 36. Section 36-797.01, Arizona Revised Statutes, is amended to read:
36-797.01. HIV action program; duties; report
A. The director shall establish and implement the HIV action program in the department to meet at least the following requirements:
1. On or before November 1, 2020, complete a statewide HIV prevention and care needs assessment of target populations, including people living with substance use issues.
2. Identify community-based agencies that serve the HIV population and that are outside the known HIV service system.
3. Conduct outreach to increase community involvement in HIV prevention, education and stigma reduction in this state.
4. Develop a social media initiative using new and traditional media to engage at-risk populations to be tested for HIV infection in this state.
5. Analyze data from the statewide HIV prevention and care needs assessment annually to develop and implement HIV training and education initiatives in this state.
B. On or before January 1, 2021, the department shall provide a report to the governor, the speaker of the house of representatives and the president of the senate regarding the outcomes of the statewide HIV prevention and care needs assessment and the program's action plan pursuant to subsection A of this section. The department shall provide a copy of the report to the secretary of state.
C. The program established pursuant to this section ends on July 1, 2028 pursuant to section 41-3102.
Sec. 37. Section 36-2821, Arizona Revised Statutes, is amended to read:
36-2821. Medical marijuana testing advisory council; membership; duties
A. The director shall establish a medical marijuana testing advisory council to assist and make recommendations to the director regarding administering and implementing this chapter. The director or the director's designee shall serve as the chairperson of the advisory council and shall appoint the following additional members to the council:
1. The president or executive director of a statewide nonprofit association representing the marijuana dispensaries, or the person's designee.
2. The president or executive director of a statewide nonprofit cannabis testing association, or the person's designee.
3. The president or executive director of a medical marijuana trade association that does not primarily consist of dispensaries or cannabis laboratory testing facility owners, or the person's designee.
4. A representative of a nonprofit medical marijuana dispensary who is employed by the dispensary to cultivate medical marijuana and who has at least three years of medical marijuana cultivation experience.
5. A representative of an Arizona-based nonprofit medical marijuana dispensary that produces medical marijuana concentrates and that has been regularly sending products for testing who has at least three years of medical marijuana extraction experience.
6. A representative of an Arizona-based nonprofit medical marijuana dispensary that is primarily focused in on producing medical marijuana edibles who has at least three years of medical marijuana edible production experience.
7. An owner of an Arizona-based cannabis testing laboratory.
8. A laboratory scientist who holds a doctorate or a bachelor of science degree and who has at least three years of experience in cannabis laboratory testing.
9. A registered qualifying patient.
10. A registered designated caregiver.
11. A representative of the department of public safety.
12. A licensed health care provider who specializes in treating substance use disorders and who has at least five years of experience.
13. Any other members deemed necessary by the director.
B. The medical marijuana testing advisory council shall make recommendations and consult with the director regarding:
1. Establishing a required testing program.
2. Testing and potency standards for medical marijuana.
3. Procedural requirements for collecting, storing and testing samples of medical marijuana.
4. Reporting results to patients and the department.
5. Remediation and disposal requirements for medical marijuana that fails to meet testing standards.
6. Additional items as necessary.
C. Members of the advisory council are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
D. The council established by this section ends on July 1, 2027 pursuant to section 41-3103.
Sec. 38. Section 37-483, Arizona Revised Statutes, is amended to read:
37-483. Program to remove vegetative natural products
A. On or before January 1, 2018, the commissioner and the state forester shall collaborate to establish a program to remove vegetative natural products from state trust land for the purposes of fire suppression and forest and watershed management on state lands and to facilitate the development of wood products industries in this state.
B. To implement the program to remove vegetative natural products, the commissioner and state forester may:
1. Coordinate and contract with public and private entities.
2. Use programs that are designed to reduce parolee recidivism.
3. Enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 with a county, city, town, natural resource conservation district or other political subdivision to share the cost of implementing the program. An intergovernmental agreement entered into pursuant to this paragraph must state the responsibilities of each party with regard to implementing the program to remove vegetative natural products from state trust lands.
C. The program established pursuant to this section ends on July 1, 2027 pursuant to section 41-3102.
Sec. 39. Section 41-108, Arizona Revised Statutes, is amended to read:
41-108. Foster youth education success program; fund; report
A. The foster youth education success program is established in the office of the governor for the purpose of improving the educational outcomes of children in this state's foster care system.
B. The foster youth education success fund is established consisting of monies appropriated to the fund and monies received by the office of the governor from any lawful public or private source for this purpose. The office of the governor shall administer the fund. Monies in the fund are continuously appropriated. The office of the governor may accept and spend local, state and federal monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of this section. Monies in the fund do not revert to the state general fund.
C. The office of the governor shall establish policies and procedures, selection criteria and minimum performance standards for service providers that wish to participate in the program.
D. A service provider that is selected to participate in the program shall:
1. Contract with an organization that is exempt from federal income taxes under section 501(c)(3) of the internal revenue code and that provides the following programmatic components:
(a) A partnership with local education agencies, child welfare agencies and judicial agencies to implement a continuous cycle of data-driven interventions for children in foster care.
(b) Identification and support of an education champion for children in foster care who is informed of rights and responsibilities and paired with an education coach to increase capacity to support educational success for children in foster care.
(c) Development and monitoring of an education team, which may include education liaisons, students, social workers, school staff, caregivers, court-appointed special advocates, coaches, mentors or other community members.
(d) A customized education plan for each child in foster care that is based on individual strengths and needs and that uses a research-based tool.
2. Submit an annual report on or before December 15 to the governor, the president of the senate and the speaker of the house of representatives that includes an evaluation of the effectiveness of the program, including demographic information and academic outcomes. The service provider shall provide a copy of this report to the secretary of state.
E. The program established by this section ends on July 1, 2026 pursuant to section 41-3102.
Sec. 40. Section 41-162, Arizona Revised Statutes, is amended to read:
41-162. Address confidentiality; duties of secretary of state; application assistant
A. On or before December 31, 2012, the secretary of state shall establish the address confidentiality program to allow persons who have been subjected to domestic violence offenses, sexual offenses or stalking to keep their residence addresses confidential and not accessible to the general public. Participants in the program shall receive a substitute address that becomes the participant's lawful address of record.
B. The secretary of state shall:
1. Designate a substitute address for a program participant that is used by state and local government entities as set forth in this section.
2. Receive mail sent to a program participant at a substitute address and forward the mail to the program participant as set forth in paragraph 3 of this subsection.
3. Receive first-class, certified or registered mail on behalf of a program participant and forward the mail to the program participant for no charge. The secretary of state may arrange to receive and forward other classes or kinds of mail at the program participant's expense. The secretary of state is not required to track or otherwise maintain records of any mail received on behalf of a program participant unless the mail is certified or registered mail.
C. Notwithstanding any other law and except as provided by court rule, a program participant may be served by registered mail or by certified mail, return receipt requested, addressed to the program participant at the program participant's substitute address with any process, notice or demand required or permitted allowed by law to be served on the program participant. This subsection does not prescribe the only means, or necessarily the required means, of serving a program participant in this state.
D. The secretary of state may designate as an application assistant any person who:
1. Provides counseling, referral or other services to victims of domestic violence, a sexual offense or stalking.
2. Completes any training and registration process required by the secretary of state.
E. Any assistance and counseling rendered by the secretary of state or an application assistant to an applicant related to this section is not legal advice.
F. The program established pursuant to this article ends on July 1, 2021 pursuant to section 41-3102.
Sec. 41. Section 41-179, Arizona Revised Statutes, is amended to read:
41-179. Family college savings program advisory committee; membership; duties
A. The state treasurer shall appoint a family college savings program advisory committee to assist the treasurer in promoting and raising awareness of the family college savings program established by title 15, chapter 14, article 7 to residents of this state, with emphasis on increasing access to the program among economically disadvantaged, minority and underrepresented student populations. The advisory committee shall include all of the following:
1. The state treasurer or the state treasurer's designee, who serves as chairperson of the committee.
2. Two members who represent community college districts in this state, one of whom represents a community college district in a county with a population of five hundred thousand persons or more and one of whom represents a community college district in a county with a population of less than five hundred thousand persons.
3. One member who represents a university under the jurisdiction of the Arizona board of regents.
4. One member who represents an accredited private educational institution in this state offering associate, baccalaureate or higher degrees.
5. One member who represents an accredited private educational institution offering private vocational training in this state.
6. One member who is a teacher and who currently provides classroom instruction in this state.
7. One member who represents a federally recognized Indian tribe in this state.
8. One member who represents a United States department of labor-approved apprenticeship program.
9. Two public members who are residents of this state.
B. The committee shall do both of the following:
1. Assist and make recommendations to the state treasurer regarding promotional and informational activities relating to the family college savings program.
2. Meet at least once each calendar quarter. A majority of the membership constitutes a quorum for the transaction of business.
C. Committee members are not eligible to receive compensation or reimbursement of expenses.
D. The state treasurer's office shall provide necessary staff services to the committee.
E. The committee established by this section ends on July 1, 2028 pursuant to section 41-3103.
Sec. 42. Section 41-610.01, Arizona Revised Statutes, is amended to read:
41-610.01. Hyperbaric oxygen therapy for military veterans fund; exemption; advisory committee; annual report
A. The hyperbaric oxygen therapy for military veterans fund is established consisting of private donations, grants, bequests and any other monies. The department shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
B. Monies in the fund shall be used to provide financial assistance to veterans for hyperbaric oxygen therapy.
C. If, after fund monies are spent to pay for hyperbaric oxygen therapy for a veteran, the department discovers that the therapy was fully or partially covered by private insurance or any other entity, the department may seek to have the fund reimbursed for the portion of the payment that was covered by private insurance or the other entity.
D. The hyperbaric oxygen therapy for military veterans advisory committee is established consisting of the following members:
1. The director or the director's designee.
2. Four members who are appointed by the governor and who are any of the following:
(a) National guard unit commanders.
(b) Doctors.
(c) Active or retired military personnel.
E. The director or the director's designee shall serve as chairperson of the hyperbaric oxygen therapy for military veterans advisory committee. Appointed members of the committee shall serve at the pleasure of the governor.
F. The hyperbaric oxygen therapy for military veterans advisory committee shall:
1. Determine how to award monies from the fund.
2. Establish and revise as necessary the application process for financial assistance.
3. Make other recommendations as necessary.
G. The hyperbaric oxygen therapy for military veterans advisory committee shall submit an annual report detailing the fund's performance and the demographics of the award recipients to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the secretary of state.
H. The committee established by this section ends on July 1, 2026 pursuant to section 41-3103.
Sec. 43. Section 41-612, Arizona Revised Statutes, is amended to read:
41-612. Post-9/11 veteran education relief fund; advisory committee; definitions
A. The post-9/11 veteran education relief fund is established consisting of private donations, grants, bequests and any other monies. The department shall administer the fund. Monies in the fund are continuously appropriated to the department solely for the purposes prescribed in this section. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
B. The post-9/11 veteran education relief advisory committee is established consisting of the following members:
1. The director or the director's designee.
2. One member who is recommended by the Arizona board of regents.
3. One member who holds a certificate from the state board of education and who has teaching experience that includes high school education or one public member who has teaching experience at a postsecondary institution.
4. One member who is an active duty or reserve member of the uniformed services of the United States or national guard or who has retired from active duty or reserve or national guard status and who has served as a command career counselor or in a regular assignment that included oversight of training or education programs.
5. Two public members who have professional experience in human resource management.
6. One member from an education profession who is employed by a public or private school entity.
7. Two members who are military members or family members of military members.
C. Except for the director, the governor shall appoint the members based on recommendations by the director, the adjutant general, the Arizona board of regents and commanders of military bases or reserve centers in this state. Appointed members shall serve for a term of two years that may be extended or renewed by the governor at the recommendation of the director. The advisory committee shall elect a chairperson from among the appointed members.
D. The advisory committee shall:
1. Establish criteria for the use of monies in the fund.
2. Establish and revise as necessary the application process for financial assistance.
3. Review and evaluate applications.
4. Make other recommendations as necessary.
E. The advisory committee may meet in executive session, with notice pursuant to section 38-431.02, to review and evaluate applications. Applications for financial assistance and all committee considerations and evaluations of the applications are confidential.
F. The monies in the fund shall be used to provide financial assistance pursuant to this subsection. A qualifying military veteran may apply for financial assistance for the cost of tuition at a university that is under the jurisdiction of the Arizona board of regents and that is an Arizona veteran supportive campus as defined in section 41-609. The assistance shall be based on financial need up to the amount of tuition that the qualifying military veteran was charged in the last year that the veteran received benefits under the post-9/11 veterans educational assistance act of 2008 (P.L. 110-252; 122 Stat. 2357; 38 United States Code sections 3301 through 3325). The advisory committee shall make tuition assistance payments directly to the university.
G. The advisory committee shall adopt rules to carry out the purposes of this section that include both the following:
1. A mechanism to publicize the availability of financial assistance to potential qualifying military veterans.
2. A procedure to ensure that financial assistance awards made before a military veteran withdraws from a university due to military activation remain available on reentry to a university.
H. The committee established by this section ends on July 1, 2024 pursuant to section 41-3103.
I. H. For the purposes of this section:
1. "Department" means the department of veterans' services.
2. "Director" means the director of the department of veterans' services.
3. "Military member" includes an active duty, reserve or retired member of the uniformed services of the United States or national guard, a veteran who is a member of a veterans' organization or a veteran who has a service-connected disability.
4. "Qualifying military veteran" means a person who meets all of the following requirements:
(a) Is eligible for in-state tuition status pursuant to section 15-1802, subsection G.
(b) Is attending a university that is under the jurisdiction of the Arizona board of regents and that is an Arizona veteran supportive campus as defined in section 41-609.
(c) Maintains a grade point average of at least 2.2 on a 4.0 scale, or the equivalent.
(d) Has qualified for benefits under the post-9/11 veterans educational assistance act of 2008 (P.L. 110-252; 122 Stat. 2357; 38 United States Code sections 3301 through 3325).
(e) Has not transferred any portion of the person's benefits under the program to a dependent.
(f) Is within one year of completion of the person's first baccalaureate degree as a full-time student or within two years of completion of the person's first baccalaureate degree as a part-time student.
Sec. 44. Section 41-1251, Arizona Revised Statutes, is amended to read:
41-1251. Joint committee on capital review; members; chairperson; meetings
A. A The joint committee on capital review is established which consists consisting of fourteen members, including the chairmen chairpersons of the senate and house of representatives appropriations committees, the majority and minority leaders of the senate and the house of representatives, four members of the senate appropriations committee appointed by the president of the senate and four members of the house of representatives appropriations committee appointed by the speaker of the house of representatives.
B. The chairman chairperson of the senate appropriations committee has a term as chairman chairperson of the joint committee on capital review from the first day of the first regular session to the first day of the second regular session of each legislature, and the chairman chairperson of the house of representatives appropriations committee has a term from the first day of the second regular session to the first day of the next legislature's first regular session.
C. The joint committee on capital review shall meet as often as the members deem necessary, and a majority of the members constitutes a quorum for the transaction of business.
D. The committee established by this section ends on July 1, 2026 pursuant to section 41-3103.
Sec. 45. Section 41-1279, Arizona Revised Statutes, is amended to read:
41-1279. Joint legislative audit committee; composition; meetings; powers and duties
A. The joint legislative audit committee is established consisting of five members of the senate who are appointed by the president of the senate, one of whom is a member of the senate appropriations committee, and five members of the house of representatives who are appointed by the speaker of the house of representatives, one of whom is a member of the house of representatives appropriations committee. Selection of members shall be based on their understanding of and interest in legislative audit oversight functions. Not more than three appointees of each house shall be of the same political party. The president and the speaker shall designate one of their appointed members as chairman chairperson of their respective delegation. The chairman chairperson of the audit committee shall serve for the term of each legislature. The chairmanship of the audit committee shall alternate between the chairman chairperson of the senate delegation and the chairman chairperson of the house of representatives delegation beginning with the chairman chairperson of the senate delegation. The president of the senate and the speaker of the house of representatives shall also serve as ex officio members of the committee.
B. The committee shall meet at least quarterly and on call of the chairman chairperson. Members of the committee are eligible for reimbursement by their respective houses in the same manner as a member of the legislature who attends a meeting of a standing committee.
C. The committee shall:
1. Oversee all audit functions of the legislature and state agencies, including sunset, performance, special and financial audits, special research requests and the preparation and introduction of legislation resulting from audit report findings.
2. Appoint an auditor general subject to approval by a concurrent resolution of the legislature and direct the auditor general to perform all sunset, performance, special and financial audits and investigations.
3. Have the power of legislative subpoena in accordance with article 4 of this chapter.
4. Require state agencies to comply with findings and directions of the committee regarding sunset, performance, special and financial audits.
5. Perform all functions required by chapter 27 of this title relating to the sunset review of state agencies.
D. The committee established by this section ends on July 1, 2026 pursuant to section 41-3103.
Sec. 46. Section 41-1292, Arizona Revised Statutes, is amended to read:
41-1292. Joint legislative oversight committee on the department of child safety
A. The joint legislative oversight committee on the department of child safety is established consisting of the following members:
1. The chairperson of the senate committee that addresses child safety issues.
2. The chairperson of the house of representatives committee that addresses child safety issues.
3. Two members of the senate who are appointed by the president of the senate and who are members of different political parties.
4. Two members of the house of representatives who are appointed by the speaker of the house of representatives and who are members of different political parties.
B. The chairperson of the senate committee that addresses child safety issues and the chairperson of the house of representatives committee that addresses child safety issues shall serve as cochairpersons.
C. The committee shall meet at least biannually, and a majority of the members constitutes a quorum for the transaction of business.
D. The committee shall review:
1. The department's implementation of policy and procedures and program effectiveness.
2. All reports on program outcomes released by the department to the legislature for trends and areas for statutory improvement and audits issued by the office of the auditor general related to the department.
3. Policies and procedures relating to guardianships and dependency proceedings.
E. The committee established by this section ends on July 1, 2025 pursuant to section 41-3103.
Sec. 47. Section 41-1505, Arizona Revised Statutes, is amended to read:
41-1505. Rural business development advisory council
A. The rural business development advisory council is established. The mission of the council is to advise the board of directors regarding rural business development strategies, including creating jobs, diversifying economies and attracting new investment.
B. The council consists of the following members:
1. One representative from each county, seven of whom are appointed by the governor and four each of whom are appointed by the president of the senate and the speaker of the house of representatives.
2. One representative of a rural development organization that represents statewide interests who is appointed by the governor.
3. One member representing all Indian tribes, nations, bands and communities in this state who is appointed by the governor.
4. The chief executive officer or the chief executive officer's designee.
C. Each year the governor shall appoint a member to serve as chairperson. The chairperson may be reappointed. Council members shall serve staggered three-year terms beginning and ending on the third Monday in January. The members of the council serve without compensation and are subject to title 38, chapter 3, article 8, relating to conflicts of interest.
D. The council shall:
1. Recommend to the board of directors policy development and funding allocations to complement regional and local economic development strategies that focus on and assist rural communities.
2. Leverage local, state and federal resources to advance business in rural areas of this state.
3. Develop selection criteria and an application format for rural communities or areas to use in applying for matching monies.
4. Make recommendations for coordinating personnel activities of the authority to ensure that communities receive appropriate technical assistance to implement economic development efforts.
5. Assist local rural economic development professionals, main street project managers and others involved in economic development.
6. Make recommendations regarding:
(a) State responsibilities under any necessary contracts with consultants, including the national main street center of the national trust for historic preservation.
(b) Coordination of the activities of other state agency personnel assisting with rural economic development programs.
7. Monitor the progress of main street communities and other aspects of the program.
8. Coordinate the expenditure of available federal monies to support rural business and economic development programs.
E. Each year the council shall develop a priority list of economic strength projects that meet the criteria established by section 28-7281 and submit the list to the chief executive officer. The council shall confer with regional planning agencies and local authorities that would be affected by a specific economic strength project and shall submit their comments to the chief executive officer. After review by the board, the chief executive officer shall transmit the priority list and comments to the state transportation board. The council shall set priorities for individual projects based on the following:
1. The cost of the project.
2. The number of jobs that the project will cause to be created, retained or increased.
3. The nature and amount of capital investment or other contribution to the economy of this state or a local authority as a result of the project.
4. The likelihood that benefits resulting from the project will exceed the costs of the project.
5. Whether the amount of contributions to the project provided from other than the economic strength project fund is at least ten per cent percent of the cost of the project.
6. The amount and percentage of funding for the project that will come from a source other than the economic strength project fund as compared to other proposed projects.
7. The amount of expenditures required for local infrastructure relating to the project.
8. The magnitude of the project and its relative value to this state or a local authority as compared to other proposed projects.
9. The extent to which the project would contribute to achieving an equitable distribution of monies and projects among the various regions of this state and throughout this state as a whole.
10. The specific time schedule for completion of the project.
F. The council established by this section ends on July 1, 2021 pursuant to section 41-3103.
Sec. 48. Section 41-1604.18, Arizona Revised Statutes, is amended to read:
41-1604.18. Community reentry work program; eligibility; victim notification; compensation; violation; classification
A. The director may authorize an eligible inmate who is within ninety days of the inmate's earliest release date to participate in a community reentry work program. The director shall adopt rules to implement the community reentry work program, including eligibility criteria for the selection of inmates. To be eligible, at a minimum, the inmate must:
1. Not have been convicted at any time of any of the following:
(a) A violation of title 13, chapter 13, 14 or 17.
(b) A violent crime as defined in section 13-901.03.
(c) A dangerous crime against children as defined in section 13-705.
2. Not currently be serving a sentence for a domestic violence offense pursuant to section 13-3601.
3. Be classified by the department as a low risk to the community.
4. Not have any felony detainers or United States immigration and customs enforcement detainers.
5. Not have previously escaped or attempted to escape from a secure or nonsecure jail or prison facility or environment.
6. Have made satisfactory progress on the inmate's individualized corrections plan as determined by the department.
7. Have maintained civil behavior while incarcerated as determined by the department.
8. Be current on any restitution payments ordered by a court pursuant to section 13-603.
9. Have a need and ability to benefit from a community reentry work program as determined by the department.
B. The department must notify and afford an opportunity to be heard to the victim of the offense for which the inmate is incarcerated if the victim has provided a current address or other contact information. The notice must include the name of the inmate, the offense for which the inmate was sentenced, the length of the sentence and the date of admission to the custody of the department. The notice must inform the victim of the victim's right to submit a written statement to the director expressing the victim's opinion on the inmate's participation in the community reentry work program within twenty days after the department has mailed the notice to the victim.
C. An inmate who participates in the community reentry work program must:
1. Comply with all community reentry work program rules and any other terms and conditions that the director requires.
2. Maintain gainful employment.
3. Continue to make any court-ordered restitution payments.
4. Agree to provide all compensation that the inmate receives while participating in the program to the department for deposit in the inmate's account.
D. The director may remove an inmate from the community reentry work program if the director determines that the inmate has failed to comply with any program rule, term or condition or that the best interests of the state would be served by removing the inmate from the community reentry work program.
E. Sections 31-254 and 41-1624.01 do not apply to the compensation that an inmate earns while in the community reentry work program. The department is authorized to charge and collect a percentage of the inmate's compensation, as determined by the director, for the cost of the inmate's room and board. The director may deduct monies from the inmate's account to pay restitution, costs and fines that are owed by the inmate.
F. An inmate who is absent without leave from a facility in the community reentry work program is guilty of a class 5 felony. The sentence for a violation of this section shall be served consecutively pursuant to section 13-711, subsection B.
G. The program established by this section ends on July 1, 2026 pursuant to section 41-3102.
Sec. 49. Section 41-1732, Arizona Revised Statutes, is amended to read:
41-1732. Peace officer training equipment fund advisory commission; membership; duties; recommendations
A. The peace officer training equipment fund advisory commission is established consisting of the following members:
1. One member of the senate who is appointed by the president of the senate.
2. One member of the house of representatives who is appointed by the speaker of the house of representatives.
3. The director of the department of public safety or the director's designee.
4. One member who is appointed by the Arizona association of chiefs of police.
5. One member who is appointed by the Arizona sheriffs association.
6. One member who is appointed by the director of the Arizona state troopers association.
7. One member who is appointed by the director of the Arizona police association.
B. Members who are appointed pursuant to subsection A, paragraphs 4, 5, 6 and 7 of this section serve three-year terms. The members of the commission shall annually elect a chairperson and vice chairperson from among the voting members. The commission shall meet on the call of the chairperson but at least once each fiscal year. No actions may be taken without a quorum present. Members who are appointed pursuant to subsection A, paragraphs 1 and 2 of this section shall serve as advisory nonvoting members of the commission.
C. Members are not eligible to receive compensation but members who are appointed pursuant to subsection A, paragraphs 4, 5, 6 and 7 of this section are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
D. The advisory commission may use the facilities and the staff of the Arizona criminal justice commission.
E. The advisory commission may enter into interagency agreements with the Arizona criminal justice commission and other agencies for advisory commission business.
F. On or before December 1 of each year, the commission shall submit written recommendations to the president of the senate, the speaker of the house of representatives, the governor and the chairpersons of the senate commerce and public safety committee and the house of representatives judiciary and public safety committee, or their successor committees, on the allocation each fiscal year of monies in the peace officer training equipment fund established by section 41-1731. The commission shall provide a copy of the recommendations to the secretary of state.
G. The commission established by this section ends on July 1, 2026 pursuant to section 41-3103.
Sec. 50. Section 41-1829, Arizona Revised Statutes, is amended to read:
41-1829. Arizona peace officers memorial board
A. The Arizona peace officers memorial board is established consisting of the following members:
1. The attorney general or the attorney general's designee, who shall serve as permanent chairman chairperson.
2. The director of the department of public safety or the director's designee.
3. The director of the state department of corrections or the director's designee.
4. The executive director of the Arizona criminal justice commission or the executive director's designee.
5. Eleven members appointed pursuant to subsection B of this section.
6. As advisory members, the chairmen chairpersons of the appropriations and judiciary committees of the house of representatives and the senate. For the purposes of this paragraph, "advisory member" means a member who gives advice to the other members of the peace officers memorial board at meetings of the board but who is not eligible to vote and is not a member for purposes of determining whether a quorum is present.
B. The permanent chairman chairperson shall appoint one private citizen who is knowledgeable in the history of law enforcement in this state, one county sheriff or the county sheriff's designee, one local police chief or the police chief's designee, two members selected from a recognized fraternal organization for law enforcement personnel, two representatives from the business community, two family members of peace officers who have lost their lives in the line of duty and two members from a statewide organization representing law enforcement personnel.
C. The board shall meet at the call of the permanent chairman chairperson.
D. Members of the board are not eligible to receive compensation, but members appointed pursuant to subsection B of this section are entitled to reimbursement from the Arizona peace officers memorial fund for reasonable expenses in traveling on and attending to official board business.
E. The board established by this section ends on July 1, 2027 pursuant to section 41-3103.
Sec. 51. Repeal
Title 41, chapter 27, article 3, Arizona Revised Statutes, is repealed.
Sec. 52. Section 41-4257, Arizona Revised Statutes, is amended to read:
41-4257. Joint legislative committee on border and homeland security; membership; powers and duties; 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.
B. The president and the speaker of the house of representatives shall each appoint a cochairperson of the committee.
C. The committee shall meet 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.
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.
E. The committee has the authority conferred by law on legislative committees.
F. 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.
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 committee established by this section ends on July 1, 2024 pursuant to section 41-3103.
Sec. 53. Section 41-5356, Arizona Revised Statutes, is amended to read:
41-5356. Duties of board; advisory board; annual report
A. The board shall:
1. Establish an industrial development authority under title 35, chapter 5 and, notwithstanding the requirements of section 35-705, serve as the board of the industrial development authority.
2. Serve as the board of the greater Arizona development authority and have all powers and authority to take action on behalf of the greater Arizona development authority pursuant to chapter 18 of this title.
3. Serve as the board of the water infrastructure finance authority of Arizona and have all powers and authority to take action pursuant to title 49, chapter 8 regarding water infrastructure financing.
4. Approve the authority's budget.
5. Establish a water and infrastructure finance authority advisory board to advise the board of directors of the authority consisting of relevant state agency representatives and the following additional members:
(a) One member who represents a public water system that serves five hundred or more connections.
(b) One member who represents a public water system that serves less than five hundred connections.
(c) One member who represents a sanitary district in a county with a population of less than five hundred thousand persons.
(d) One member who represents a sanitary district in a county with a population of five hundred thousand or more persons.
(e) One member who represents a city or town with a population of less than fifty thousand persons.
(f) One member who represents a city or town with a population of fifty thousand or more persons.
(g) One member who represents a county with a population of five hundred thousand or more persons.
B. On or before October 1 of each year, the industrial development authority shall submit a report to the president of the senate, the speaker of the house of representatives and the directors of the joint legislative budget committee and the governor's office of strategic planning and budgeting regarding the authority's revenues, expenditures and program activity for the previous fiscal year.
C. The board established pursuant to subsection A, paragraph 5 of this section ends on July 1, 2024 pursuant to section 41-3103.
Sec. 54. Section 41-5404, Arizona Revised Statutes, is amended to read:
41-5404. Workforce data task force; membership; duties; report
A. The workforce data task force is established in the office of economic opportunity to oversee workforce system evaluation data sharing. The task force shall consist of the following members:
1. The director of the office of economic opportunity, or the director's designee, who shall serve as chairperson of the task force.
2. The director of the department of economic security or the director's designee.
3. The superintendent of public instruction or the superintendent's designee.
4. The president of the Arizona board of regents or the president's designee.
5. A representative of a community college district or the representative's designee.
B. The director of the office of economic opportunity may appoint advisory members to the task force as necessary.
C. Members of the task force are not eligible to receive compensation. The office of economic opportunity shall provide adequate staff support for the task force.
D. The task force shall:
1. Oversee development and maintenance of the state workforce evaluation data system.
2. Define and regularly review requirements, structures and methodologies for the system, including:
(a) A retention schedule for unemployment insurance records that supports the longitudinal evaluation of workforce and education programs.
(b) Data standards relating to unemployment insurance data, including rules for definition, format, source, provenance, element level and contextual integrity.
(c) Technical requirements for the storage, handling and distribution of data.
(d) System performance expectations.
(e) Controls for data confidentiality and data security for unemployment data, including when data is in transmission.
(f) Data quality and reporting standards.
(g) Required elements for data sharing agreements that conform to relevant state and federal requirements and that establish adequacy of receiving system requirements.
(h) A methodology to fund the development and ongoing database costs from existing resources of entities that have entered into current data sharing agreements pursuant to section 23-722.04.
3. Provide analyses and recommendations for all of the following:
(a) Data audit management, including data quality metrics, sanctions and incentives for data quality improvement.
(b) Documentation standards for data elements and systems components.
(c) Data archival and retrieval management systems, including change control and change tracking.
(d) Publication of standard and ad hoc reports for state and local level use on workforce system performance.
4. Submit an annual report regarding the task force's activities on or before November 1 to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state. The initial report shall include all initial requirements, structures and methodologies determined pursuant to this section.
E. The task force established by this section ends on July 1, 2024 pursuant to section 41-3103.
Sec. 55. Repeal
Section 41-5612, Arizona Revised Statutes, is repealed.
Sec. 56. Section 43-221, Arizona Revised Statutes, is amended to read:
43-221. Joint legislative income tax credit review committee; report
A. The joint legislative income tax credit review committee is established consisting of the following members:
1. Five members of the house of representatives ways and means committee appointed by the speaker of the house of representatives. Not more than three appointees shall be of the same political party.
2. Five members of the senate finance committee appointed by the president of the senate. Not more than three appointees shall be of the same political party.
B. The committee shall determine the original purpose of existing tax credits and establish a standard for evaluating and measuring the success or failure of the tax credits. The standard for evaluating tax credits may include:
1. The history, rationale and estimated revenue impact of the credit.
2. Whether the credit has provided a benefit to this state including, for corporate tax credits, measurable economic development, new investments, creation of new jobs or retention of existing jobs in this state.
3. Whether the credit is unnecessarily complex in the application, administration and approval process.
C. The committee shall review the individual and corporate income tax credits pursuant to the schedule prescribed in section 43-222. The committee shall use the joint legislative budget committee staff and may use the staff of the department of revenue and legislative council for assistance.
D. After completing the review process, the committee shall determine whether the credit should be amended, repealed or retained. If the credit is recommended to be retained or amended, the committee shall recommend that the credit be returned to the income tax credit review schedule prescribed in section 43-222. The next review year shall be the fifth full calendar year following the date the credit was reviewed. The committee shall report its findings and recommendations to the president of the senate, the speaker of the house of representatives and the governor by December 15 of the year that the committee reviews the credit. The committee shall provide a copy of the report to the director of the Arizona state library, archives and public records secretary of state.
E. The committee established by this section ends on July 1, 2022 pursuant to section 41-3103.
Sec. 57. Repeal
Section 45-353, Arizona Revised Statutes, is repealed.
Sec. 58. Section 46-172, Arizona Revised Statutes, is amended to read:
46-172. Lifespan respite care program
A. The department shall establish a lifespan respite care program.
B. The lifespan respite care program shall:
1. Establish a respite program for primary caregivers of individuals who do not currently receive other publicly funded respite services.
2. Coordinate with other respite services, including services that are provided pursuant to title 36, chapter 5.1 and sections 36-2939, 36-3407 and 46-193.
3. Support the growth and maintenance of a statewide respite coalition.
4. Conduct a study on the need for respite care throughout the lifespan of individuals.
5. Identify local training resources for respite care providers.
6. Link families with respite care providers and other types of respite caregiver consultants.
7. Create an evaluation tool for recipients of respite care to assure quality of care.
C. The program established by this section ends on July 1, 2025 pursuant to section 41-3102.
Sec. 59. Section 46-907, Arizona Revised Statutes, is amended to read:
46-907. Achieving a better life experience act oversight committee
A. The achieving a better life experience act oversight committee is established in the department consisting of the following members:
1. The director of the department or the director's designee.
2. The state treasurer or the state treasurer's designee.
3. One member who has knowledge, skill and experience in investment, asset management or financial-related experience and who is appointed by the governor.
4. One member who is a licensed attorney in this state, who has knowledge, skill and experience in special needs trusts and disability issues and who is appointed by the governor.
5. One member who is an eligible individual and who is appointed by the governor.
6. One member who is a family member of an eligible individual and who is appointed by the governor.
7. One representative of a community-based organization that supports or advocates for individuals with disabilities who is appointed by the governor.
B. The committee shall select a chairperson from the committee's membership. The committee shall meet at least once each calendar quarter.
C. Appointed committee members are eligible to receive compensation pursuant to section 38-611 for each day of attendance at committee meetings.
D. The committee shall:
1. Make recommendations and provide guidance for the establishment, implementation and improvement of the program, including statutory and rule changes.
2. Make recommendations regarding the selection of one or more financial institutions to act as depositories and managers of the accounts.
3. Review regulations adopted by the United States secretary of the treasury and identify changes necessary for program compliance.
4. Provide advice regarding requirements for disbursements from accounts for qualified disability expenses.
5. Monitor the use and effectiveness of the program, including the number of accounts established and used, the number of designated beneficiaries being served, a description of the types of disabilities the designated beneficiaries have and the types of expenses for which disbursements have been made.
E. Members of the committee are immune from personal liability with respect to all actions that are taken in good faith and within the scope of the committee's authority.
F. Appointed committee members serve four-year terms and may not serve more than two terms on the committee.
G. The committee established by this section ends on July 1, 2024 pursuant to section 41-3103.
Sec. 60. Repeal
Section 46-908, Arizona Revised Statutes, is repealed.
Sec. 61. Section 49-255.01, Arizona Revised Statutes, is amended to read:
49-255.01. Arizona pollutant discharge elimination system program; rules and standards; affirmative defense; fees; general permit
A. A person shall not discharge except under either of the following conditions:
1. In conformance with a permit that is issued or authorized under this article.
2. Pursuant to a permit that is issued or authorized by the United States environmental protection agency until a permit that is issued or authorized under this article takes effect.
B. The director shall adopt rules to establish an AZPDES permit program consistent with the requirements of sections 402(b) and 402(p) of the clean water act. This program shall include requirements to ensure compliance with section 307 and requirements for the control of discharges consistent with sections 318 and 405(a) of the clean water act. The director shall not adopt any requirement that is more stringent than or conflicts with any requirement of the clean water act. The director may adopt federal rules pursuant to section 41-1028 or may adopt rules to reflect local environmental conditions to the extent that the rules are consistent with and no not more stringent than the clean water act and this article.
C. The rules adopted by the director shall provide for:
1. Issuing, authorizing, denying, modifying, suspending or revoking individual or general permits.
2. Establishment of permit conditions, discharge limitations and standards of performance as prescribed by section 49-203, subsection A, paragraph 7, including case by case effluent limitations that are developed in a manner consistent with 40 Code of Federal Regulations section 125.3(c).
3. Modifications and variances as allowed by the clean water act.
4. Other provisions necessary for maintaining state program authority under section 402(b) of the clean water act.
D. This article does not affect the validity of any existing rules that are adopted by the director and that are equivalent to and consistent with the national pollutant discharge elimination system program authorized under section 402 of the clean water act until new rules for AZPDES discharges are adopted pursuant to this article.
E. An upset constitutes an affirmative defense to any administrative, civil or criminal enforcement action brought for noncompliance with technology-based permit discharge limitations if the permittee complies with all of the following:
1. The permittee demonstrates through properly signed contemporaneous operating logs or other relevant evidence that:
(a) An upset occurred and that the permittee can identify the specific cause of the upset.
(b) The permitted facility was being properly operated at the time of the upset.
(c) If the upset causes the discharge to exceed any discharge limitation in the permit, the permittee submitted notice to the department within twenty-four hours of the upset.
(d) The permittee has taken appropriate remedial measures including all reasonable steps to minimize or prevent any discharge or sewage sludge use or disposal that is in violation of the permit and that has a reasonable likelihood of adversely affecting human health or the environment.
2. In any administrative, civil or criminal enforcement action, the permittee shall prove, by a preponderance of the evidence, the occurrence of an upset condition.
F. Compliance with a permit issued pursuant to this article shall be deemed compliance with both of the following:
1. All requirements in this article or rules adopted pursuant to this article relating to state implementation of sections 301, 302, 306 and 307 of the clean water act, except for any standard that is imposed under section 307 of the clean water act for a toxic pollutant that is injurious to human health.
2. Limitations for pollutants in navigable waters adopted pursuant to sections 49-221 and 49-222, if the discharge of the pollutant is specifically limited in a permit issued pursuant to this article or the pollutant was specifically identified as present or potentially present in facility discharges during the application process for the permit.
G. Notwithstanding section 49-203, subsection D, permits that are issued under this article shall not be combined with permits issued under article 3 of this chapter.
H. The decision of the director to issue or modify a permit takes effect on issuance if there were no changes requested in comments that were submitted on the draft permit unless a later effective date is specified in the decision. In all other cases, the decision of the director to issue, deny, modify, suspend or revoke a permit takes effect thirty days after the decision is served on the permit applicant, unless either of the following applies:
1. Within the thirty day thirty-day period, an appeal is filed with the water quality appeals board pursuant to section 49-323.
2. A later effective date is specified in the decision.
I. In addition to other reservations of rights provided by this chapter, nothing in this article shall impair or affect rights or the exercise of rights to water claimed, recognized, permitted, certificated, adjudicated or decreed pursuant to state or other law.
J. Only for a one-time rule making rulemaking after July 29, 2010, the director shall establish by rule fees, including maximum fees, for processing, issuing and denying an application for a permit pursuant to this section. After the one-time rule making rulemaking, the director shall not increase those fees by rule without specific statutory authority for the increase. Monies collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the water quality fee fund established by section 49-210.
K. Any permit conditions concerning threatened or endangered species shall be limited to those required by the endangered species act.
L. When developing a general permit for discharges of storm water from construction activity, the director shall provide for reduced control measures at sites that retain storm water in a manner that eliminates discharges from the site, except for the occurrence of an extreme event. Reduced control measures shall be available if all of the following conditions are met:
1. The nearest downstream receiving water is ephemeral and the construction site is a sufficient distance from a water warranting additional protection as described in the general permit.
2. The construction activity occurs on a site designed so that all storm water generated by disturbed areas of the site exclusive of public rights-of-way is directed to one or more retention basins that are designed to retain the runoff from an extreme event. For the purposes of this subsection, "extreme event" means a rainfall event that meets or exceeds the local one hundred-year, two-hour storm event as calculated by an Arizona registered professional engineer using industry practices.
3. The owner or operator complies with good housekeeping measures included in the general permit.
4. The owner or operator maintains the capacity of the retention basins.
5. Construction conforms to the standards prescribed by this section.
M. If the director commences proceedings for the renewal of a general permit issued pursuant to this article, the existing general permit shall not expire and coverage may continue to be obtained by new dischargers until the proceedings have resulted in a final determination by the director. If the proceedings result in a decision not to renew the general permit, the existing general permit shall continue in effect until the last day for filing for review of the decision of the director not to renew the permit or until any later date that is fixed by court order.
N. This program is exempt from section 41-3102.
Sec. 62. Section 49-256.01, Arizona Revised Statutes, is amended to read:
49-256.01. Dredge and fill permit program; permits; rules; prohibitions; exemptions; exceptions; notice
A. For purposes of implementing the permit program established by 33 United States Code section 1344, the director may establish by rule a dredge and fill permit program that is consistent with and no not more stringent than the clean water act dredge and fill program, including a permitting process.
B. During any period in which the state has been granted authority to administer the permit program established by 33 United States Code section 1344, a person may not discharge dredged or fill material unless the discharge is exempt under 33 United States Code section 1344(f) or rules adopted pursuant to this article, except under either of the following conditions:
1. In conformance with a permit that is issued or authorized under this article.
2. Pursuant to a permit that is issued or authorized by the United States army corps of engineers until a permit that is issued or authorized under this article takes effect.
C. Rules adopted by the director for the purposes of a permit program for dredge and fill shall:
1. Provide for issuing, authorizing, denying, modifying, suspending or revoking individual permits, general permits and emergency permits for the discharge of dredged or fill material into navigable waters regulated by this state under the clean water act for purposes of implementing the permit program established by 33 United States Code section 1344.
2. Establish permit conditions that ensure compliance with the applicable requirements of section 404 of the clean water act, including the guidelines issued under 33 United States Code section 1344(b)(1).
3. Establish maintenance, monitoring, sampling, reporting, recordkeeping and any other permitting requirements as necessary to maintain primary enforcement responsibility or to determine compliance with this article.
4. Establish the following in accordance with 33 United States Code section 1344:
(a) Circumstances and activities that do not require a dredge or fill permit.
(b) Activities that are exempt from the requirements of this article for any discharge or fill material that may result from those activities, and the conditions under which those activities are exempt.
(c) Circumstances under which a discharge of dredged or fill material shall not be permitted.
5. Establish procedures for the director to make jurisdictional determinations that determine whether a wetland or waterbody is a navigable water subject to regulatory jurisdiction under this article. Jurisdictional determinations:
(a) Shall be in writing and be identified as either preliminary or approved.
(b) Do not include determinations that a particular activity requires a permit under this article.
6. Establish public notice and comment procedures as necessary to maintain primacy for the dredge and fill permit program and as the director deems appropriate to inform the public.
7. Provide for any other provisions necessary to maintain state primary enforcement responsibility under 33 United States Code section 1344 and to implement the provisions of this article.
D. Approved jurisdictional determinations are appealable agency actions as defined by section 41-1092 and may be appealed by a party affected by a jurisdictional determination. Preliminary jurisdictional determinations are not appealable agency actions and notwithstanding section 41-1092.03, the right to appeal an approved jurisdictional determination does not extend to adjacent landowners or to third parties that are not parties affected by a jurisdictional determination.
E. On assuming authority to administer the permit program established by 33 United States Code section 1344, the department shall:
1. On request by a party affected by a jurisdictional determination, recognize and adopt any existing approved jurisdictional determinations that were originally issued by the United States army corps of engineers if the federal definition of navigable waters that is applicable in this state has not changed since the issuance of the approved jurisdictional determinations.
2. On request by a party affected by a jurisdictional determination, renew approved jurisdictional determinations that were originally issued by the United States army corps of engineers on the same terms as the original unless:
(a) Physical changes have occurred affecting the determination that are likely to alter the jurisdictional status.
(b) The federal definition of navigable waters that is applicable in this state has changed since the issuance of the approved jurisdictional determinations.
(c) Additional field data show that the original determination was based on inaccurate data and the new data warrant a revision to the original determination.
F. The program established pursuant to this article is exempt from section 41-3102.
Sec. 63. Section 49-257.01, Arizona Revised Statutes, is amended to read:
49-257.01. Underground injection control permit program; permits; prohibitions; exemptions; rules
A. The department shall establish an underground injection control permit program, including a permitting process.
B. An underground injection is prohibited unless the underground injection is into a well authorized by rule or unless it is authorized by a permit issued pursuant to this article or by a permit issued by the United States environmental protection agency. A person may not construct any well that is required to have a permit until the person is issued the permit or is otherwise authorized under the permit program established pursuant to this article or federal law.
C. Any underground injection activity is prohibited if it is conducted in a manner that allows the movement of fluid containing any contaminant into underground sources of drinking water and if the presence of that contaminant may endanger underground sources of drinking water.
D. Notwithstanding subsection A of this section, a class V well is exempt from this article if the well has an aquifer protection permit obtained pursuant to article 3 of this chapter and that permit satisfies federal underground injection control requirements for a class V well.
E. The director shall adopt rules for the purposes of establishing and operating the underground injection control permit program pursuant to this article. Rules adopted by the director shall meet the minimum requirements prescribed by 42 United States Code section 300h(b).
F. The program established pursuant to this article is exempt from section 41-3102.
Sec. 64. Section 49-457.02, Arizona Revised Statutes, is amended to read:
49-457.02. Dust-free developments program; certification; seal
A. The department shall establish the dust-free developments program to encourage and recognize persons and entities that demonstrate exceptional commitment to the reduction of airborne dust in a county with a population of more than two million persons and in the PM-10 nonattainment area that contains the city of Apache Junction. The program shall include a voluntary certification process based on criteria developed by the department.
B. Any person or entity may apply for certification under the program, and if approved, may lawfully use a certification, seal, logo or other similar indicator established by the department. A person or entity that is certified under the program may use the certification for promotional, civic, public relations or public involvement purposes.
C. Notwithstanding section 41-3102, this program does not include a specific expiration date.
Sec. 65. Conforming legislation
The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fifty-fifth legislature, second regular session.
Sec. 66. Retroactivity
This act applies retroactively to from and after June 30, 2021.
APPROVED BY THE GOVERNOR APRIL 26, 2021.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 26, 2021.
