A.R.S. tit. 18 ch. 4 — Arizona Revised Statutes Title 18 Chapter 4 — Network Services

18-401. Information technology fund A. The information technology fund is established for use by the department and the committee. Monies in the fund are subject to legislative appropriation. B. State agencies that are subject to section 41-750, all budget units and the legislative and judicial branches of state government shall contribute a pro rata share of the overall cost of information technology services provided by the department or committee. The pro rata share is payable by payroll fund source, and the resultant amount shall be deposited in the information technology fund. For all budget units and the legislative and judicial branches of state government, the pro rata share is 0.61 percent of the total payroll. Total payroll includes all fund sources, including the state general fund, federal monies, special revenue funds, intergovernmental revenue monies, trust funds and other payroll fund sources. C. A claim for the pro rata share percentage payment shall be submitted according to the fund source, with the accompanying payroll, to the department of administration for deposit in the information technology fund. D. Notwithstanding section 35-190, monies in the information technology fund do not revert to the state general fund at the end of each fiscal year. 18-402. Statewide e-rate program fund A. The statewide e-rate program fund is established. The department shall administer the fund. The statewide e-rate program fund shall consist of: 1. Monies received pursuant to the e-rate program under the telecommunications act of 1996 or other grants to assist this state in improving broadband internet and telecommunications access for public schools and libraries in this state. 2. Monies received as a result of an intergovernmental agreement between the department and other political subdivisions of this state. 3. Monies received from private grants or donations if designated for the fund by the grantor or donor. B. Monies in the fund shall be used to assist public school districts, charter schools and libraries to submit applications for funding pursuant to subsection C and to fulfill the terms of an intergovernmental agreement or private contract pursuant to subsection D. C. Subject to the conditions of subsection E and in cooperation with the Arizona state library, archives and public records, the department shall develop policies and procedures for the e-rate application for public school districts, charter schools and libraries in this state, including providing technical assistance. D. The department may enter into contracts with private organizations and intergovernmental agreements with other state agencies and political subdivisions of this state to administer the statewide e-rate program. E. Participation in the e-rate program by libraries is voluntary. The Arizona state library, archives and public records shall determine e-rate eligibility applications. 18-421. State web portal fund; exemption A. The state web portal fund is established and is subject to legislative appropriation. The department shall administer the fund. The state web portal fund shall consist of: 1. Monies appropriated to the fund by the legislature. 2. Any web portal usage fees collected by this state or under any agreement between this state and an independent contractor providing services for the common web portal minus the amount of fees collected pursuant to section 28-446 for deposit in the Arizona highway user revenue fund. 3. Monies received from private grants or donations if designated for the fund by the grantor or donor. 4. Monies received from the federal government by grant or otherwise to assist this state in providing any common web portal projects. B. Monies in the state web portal fund may be used for: 1. Improving or expanding this state's information technology services and projects, including the common web portal. 2. Operating costs of the government transformation office. C. If this state chooses to use an independent contractor to provide services for the state web portal, the selection of the independent contractor may be made using a competitive bid process. D. Monies in the state web portal fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 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" 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. 18-441. Data processing acquisition fund A. A data processing acquisition fund is established to improve data processing in the office of secretary of state consisting of the fees collected pursuant to subsection B of this section. The secretary of state shall administer the fund. Monies in the fund are continuously appropriated to the office of secretary of state. B. The secretary of state may assess a special recording fee of no more than six dollars for each filing under section 41-126, subsection A, paragraph 6, subdivisions (a) through (d). These fees are in addition to the fees collected under section 41-126, subsection A, paragraphs 6 through 9. The secretary of state shall deposit, pursuant to sections 35-146 and 35-147, all monies collected under these provisions in the data processing acquisition fund. C. Monies in the data processing acquisition fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 18-443. Electronic database system; procedures A. Subject to legislative appropriation or transfer of monies, the secretary of state shall develop electronic database systems for financial disclosures required under title 38, chapter 3.1, article 1 and lobbyist reporting requirements under title 41, chapter 7, article 8.1. B. The electronic database system shall allow a county, city or town to elect to use the secretary of state's system subject to: 1. Approval of the local governing body. 2. The local governing body conforming the local governing body's financial disclosure requirement and lobbying disclosure requirements with requirements of this state. C. This section does not require the secretary of state to provide for a system that complies with filing requirements other than those required in sections 18-444 and 38-543 and title 41, chapter 7, article 8.1. 18-444. Duty to file financial disclosure statement; contents; exceptions; alternate mailing address A. In addition to other statements and reports required by law, every public officer, as a matter of public record, shall file with the secretary of state on a form prescribed by the secretary of state a verified financial disclosure statement covering the preceding calendar year. Except as provided in subsection G of this section, the statement shall disclose: 1. The name and home or work address of the public officer, whether the public officer's spouse is a member of the public officer's household, the number of minor children who are members of the public officer's household and all names and addresses under which each does business. If disclosure of the identity of the public officer's spouse or minor child would otherwise be required, a public officer may comply with the identification requirement by using the term "spouse" or "minor child", as applicable. 2. The name and address of each employer and of each other source of compensation other than gifts amounting to more than $1,000 received during the preceding calendar year by the public officer and members of the public officer's household in their own names, or by any other person for the use or benefit of the public officer or members of the public officer's household, a description of the services for which the compensation was received and the nature of the employer's business. This paragraph does not require the disclosure of individual items of compensation that constituted a portion of the gross income of the business from which the public officer or members of the public officer's household derived compensation. 3. For a controlled business, a description of the goods or services provided by the business, and if any single source of compensation to the business during the preceding calendar year amounts to more than $10,000 and is more than twenty-five percent of the gross income of the business, the disclosure shall also include a description of the goods or services provided to the source of compensation. For a dependent business the statement shall disclose a description of the goods or services provided by the business and a description of the goods or services provided to the source of compensation from which the dependent business derived the amount of gross income described in section 38-541, paragraph 4. If the source of compensation for a controlled or dependent business is a business, the statement shall disclose a description of the business activities engaged in by the source of compensation. 4. The names and addresses of all businesses and trusts in which the public officer or members of the public officer's household, or any other person for the use or benefit of the public officer or members of the public officer's household, had an ownership or beneficial interest of over $1,000 at any time during the preceding calendar year, and the names and addresses of all businesses and trusts in which the public officer or any member of the public officer's household held any office or had a fiduciary relationship at any time during the preceding calendar year, together with the amount or value of the interest and a description of the interest, office or relationship. 5. All Arizona real property interests and real property improvements, including specific location and approximate size, in which the public officer, any member of the public officer's household or a controlled or dependent business held legal title or a beneficial interest at any time during the preceding calendar year, and the value of any such interest, except that this paragraph does not apply to a real property interest and improvements thereon used as the primary personal residence or for the personal recreational use of the public officer. If a public officer, any member of the public officer's household or a controlled or dependent business acquired or divested any such interest during the preceding calendar year, the public officer shall also disclose that the transaction was made and the date it occurred. If the controlled or dependent business is in the business of dealing in real property interests or improvements, disclosure need not include individual parcels or transactions as long as the aggregate value of all parcels of such property is reported. 6. The names and addresses of all creditors to whom the public officer or members of the public officer's household, in their own names or in the name of any other person, owed a debt of more than $1,000 or to whom a controlled business or a dependent business owed a debt of more than $10,000 that was also more than thirty percent of the total business indebtedness at any time during the preceding calendar year, listing each such creditor. This paragraph does not require the disclosure of debts owed by the public officer or any member of the public officer's household resulting from the ordinary conduct of a business other than a controlled or dependent business or require the disclosure of credit card transactions, retail installment contracts, debts on residences or recreational property exempt from disclosure under paragraph 5 of this subsection, debts on motor vehicles not used for commercial purposes, debts secured by cash values on life insurance or debts owed to relatives. It is sufficient disclosure of a creditor if the name and address of a person to whom payments are made is disclosed. If the public officer, any member of the public officer's household or a controlled or dependent business incurred or discharged a debt that is reportable under this subsection during the preceding calendar year, the report shall disclose that the transaction was made and the date it occurred. 7. The identification and amount of each debt exceeding $1,000 owed at any time during the preceding calendar year to the public officer and members of the public officer's household in their own names, or to any other person for the use or benefit of the public officer or any member of the public officer's household. The disclosure shall include the identification and amount of each debt exceeding $10,000 to a controlled business or dependent business that was also more than thirty percent of the total indebtedness to the business at any time during the preceding calendar year. This paragraph does not require the disclosure of debts from the ordinary conduct of a business other than a controlled or dependent business. If the public officer, any member of the public officer's household or a controlled or dependent business incurred or discharged a debt that is reportable under this subsection during the preceding year, the report shall disclose that the transaction was made and the date it occurred. 8. The name of each source of any gift, or accumulated gifts from a single source, of more than $500 received by the public officer and members of the public officer's household in their own names during the preceding calendar year, or by any other person for the use or benefit of the public officer or any member of the public officer's household except gifts received by will or by virtue of intestate succession, or received by way of distribution from any inter vivos or testamentary trust established by a spouse or by an ancestor, or gifts received from any other member of the household or relatives to the second degree of consanguinity. 9. A list of all business licenses issued to, held by or in which the public officer or any member of the public officer's household had an interest at any time during the preceding calendar year, including the name in which the license was issued, the type of business and its location. 10. A list of all bonds, together with their value, issued by this state or any political subdivision of this state and held at any time during the preceding calendar year by the public officer or any member of the public officer's household, which bonds issued by a single entity had a value in excess of $1,000. If the public officer or any member of the public officer's household acquired or divested any bonds during the preceding calendar year that are reportable under this paragraph, the fact that the transaction occurred and the date shall also be shown. 11. The name of each meeting, conference or other event where the public officer is participating in the public officer's official capacity if travel-related expenses of $1,000 or more were incurred on behalf of the public officer and the travel-related expenses are not paid by the public officer. B. If an amount or value is required to be reported pursuant to this section, it is sufficient to report whether the amount or value of the equity interest falls within: 1. Category 1, $1,000 to $25,000. 2. Category 2, more than $25,000 to $100,000. 3. Category 3, more than $100,000. C. This section does not require the disclosure of any information that is privileged by law. D. The statement required to be filed pursuant to subsection A of this section shall be filed by all persons who qualified as public officers at any time during the preceding calendar year on or before January 31 of each year with the exceptions that a public officer appointed to fill a vacancy, within sixty days following the public officer's taking of such office, shall file a financial disclosure statement covering as the public officer's annual period the twelve month period ending with the last full month before the date of the public officer's taking office, and a public officer whose final term expires less than thirty-one days into the immediately following calendar year may file the public officer's final financial disclosure at the same time as the disclosure for the last immediately preceding year. E. The secretary of state shall prepare written guidelines, forms and samples for completing the financial disclosure statement required by this section. A copy of the guidelines, forms and samples shall be distributed to each public officer and shall be made available to each candidate required to file a financial disclosure statement pursuant to section 38-543. F. Beginning January 1, 2017, the statement required to be filed in subsection D of this section may be filed by the public officer in a form prescribed by the secretary of state that includes authorization for future filings to be submitted in an electronic format. Any subsequent filings required to be filed in subsection D of this section may be filed in an electronic format as prescribed by the secretary of state. Beginning January 1, 2017, any statements that are required to be filed by a local public officer pursuant to an ordinance, rule, resolution or regulation adopted pursuant to section 38-545 may be filed in an electronic format as prescribed by the secretary of state. G. A person may provide an alternate mailing address for the purposes of this section and may attest that the person's residence is in the electoral district if the person's residential address is both: 1. Required to be disclosed pursuant to subsection A of this section. 2. Protected from public disclosure pursuant to section 16-153.