A.R.S. tit. 41 ch. 1 — Arizona Revised Statutes Title 41 Chapter 1 — Executive Officers

41-101. Powers and duties; attestation of acts of governor; salary A. The governor has the powers and shall perform the duties as prescribed in this article. The governor: 1. Shall supervise the official conduct of all executive and ministerial officers. 2. Shall see that all offices are filled and the duties performed or, in default, invoke such remedy as the law allows. 3. Shall appoint a private secretary to the governor and shall appoint all officers of this state not made elective, unless otherwise provided. 4. Notwithstanding section 38-211, shall appoint the lieutenant governor to serve as the governor's chief of staff or the director of the Arizona department of administration or to fill any position for which the governor is otherwise authorized by law to make an appointment. 5. Shall be the sole official means of communication between this state and the government of any other state or the United States. 6. May direct the attorney general to appear on behalf of this state when any action or legal proceeding is pending that affects the title of this state to any property or that may result in a claim against this state. 7. May require the attorney general, or any county attorney, to inquire into the affairs or management of any corporation doing business in this state. 8. May require the attorney general to aid a county attorney in the discharge of his duties. 9. May offer rewards for escaped insane persons, not exceeding five hundred dollars. 10. May require any officer or board to make special reports to him on demand in writing. 11. May convene the legislature at some other place when the seat of government becomes dangerous from disease or a common enemy. 12. May enter into intergovernmental agreements with officers, agencies or departments of the United States to provide funding or other resources available from any related state agency, board or commission for the purpose of operating federal parks located in this state during any period when such parks would otherwise be subject to shutdown due to a lack of federal appropriation and as deemed necessary to promote tourism, this state's economic well-being, or the health, safety or welfare of the state's citizens. The governor shall not provide general fund appropriations from any related state agency, board or commission to operate a federal park pursuant to this paragraph for more than twenty-one days without the approval of the legislature. The joint legislative budget committee shall review any expenditure of funds or other resources pursuant to this paragraph. 13. Has such powers and shall perform such other duties as devolve on him by law. B. All official acts of the governor, except approval of the laws, shall be attested by the secretary of state. C. The governor is eligible to receive an annual salary pursuant to section 41-1904. D. Before an individual is hired as an employee of the office of the governor, that individual shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. 41-101.01. Authority to accept and expend certain funds A. The governor, except as otherwise provided by law, is authorized to accept and expend any grants, donations, aids, or other funds received from the federal government or any agency thereof pursuant to Public Law 88-452, the economic opportunity act of 1964, and Public Law 89-136, the public works and economic development act of 1965, and any other funds made available to the state through any federal statutes, and in receiving and expending such funds, the governor shall be considered the agency of the state for all the purposes provided by this section. B. The governor's office is designated as this state's recipient of federal stop violence against women act grants. The governor's office shall use monies received from these grants, subject to federal law. 41-101.02. Authority to enter reciprocal aid agreements A. The governor may on behalf of the state enter into reciprocal aid agreements or compacts with other states or the federal government, either on a statewide or local subdivision basis. Such mutual aid arrangements shall be limited to furnishing or exchange of: 1. Police services. 2. Personnel necessary to provide or conduct such services. 3. Such other supplies, equipment, facilities, personnel and services as needed. The agreements may relate to the terms and conditions of mutual aid and to reimbursement of costs and expenses for equipment and supplies, personnel and similar items for mobile support units and police units. B. The provisions of subsection A do not affect, modify, limit or pertain to powers of the governor provided for by title 26, chapter 2, article 1. 41-101.03. State employee travel reduction program; designated state agency; fund A. The governor shall designate an appropriate state agency to establish, administer and operate a travel reduction program for the transportation of state employees between their residences and their place of work. The designated agency shall establish the travel reduction program for the voluntary participation by state employees in any area of this state where a sufficiently large number of state employees reside and where the costs of administering a travel reduction program would not be excessive. B. There is established the state employee travel reduction fund which consists of monies appropriated by the legislature, unrestricted private grants, gifts, contributions and devises, federal funds, and fees. The state agency designated by the governor pursuant to this section shall administer the fund and may disburse monies from the fund only in direct support of the travel reduction program established by this section. Monies in the fund appropriated by the legislature are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 41-102. Record required A. The governor shall keep the following: 1. A record of his official acts. 2. An account of his official expenses and disbursements, including incidental expenses of his department. 3. A register of all appointments made by him, with date of commission, names of the appointee and predecessor. B. All documents received by the governor in his official capacity shall be kept in his office. 41-103. Receipt of military supplies The governor may in the name of the state receive and receipt for all arms, ammunition, accoutrements, ordnance or military stores to which the state becomes entitled, and if a bond is required by the United States obligating the state to return them, or pay therefor, the governor may sign, seal and deliver such bonds in the name and on behalf of the state. 41-104. Offer of reward for information leading to apprehension of convict or arrest and conviction of felon; authorization for payment A. The governor may offer a reward, not exceeding ten thousand dollars, for information leading to the apprehension of a convict who has escaped from the state prison or for information leading to the arrest and conviction of any person or persons who have committed or are charged with commission of a felony. B. The governor shall certify to the department of administration the name of the person giving the information leading to the arrest, immediately upon conviction of the person arrested. The governor may, if the person certified to the department of administration is alleged to have been, or has admitted to be, an accomplice, principal or accessory in such crime, direct that the reward so offered be reduced to an amount not less than ten dollars. In determining the amount the governor shall take into consideration the value of the information in securing a conviction, the availability of the information from other sources and the culpability of the person providing the information. Upon certification of the name and the amount the director of the department of administration shall draw his warrant to be paid from the state general fund. 41-105. Exchange of offenders under treaty; consent by governor If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the governor may, on behalf of this state and subject to the terms of the treaty, authorize the director of the department of corrections to consent to the transfer or exchange of offenders and take any other action necessary to initiate the participation of this state in the treaty. 41-106. Advisory board; reimbursement of expenses Members of an advisory board established by the governor are eligible, subject to legislative appropriation, for reimbursement of expenses pursuant to title 38, chapter 4, article 2. 41-107. Office of Sonora A. The office of Sonora is established in the office of the governor. B. The governor shall appoint a director of the office pursuant to section 38-211 to serve at the pleasure of the governor. C. The director of the office is eligible to receive compensation as determined under section 38-611. D. The office shall: 1. Promote a greater understanding and facilitate the implementation of the North American free trade agreement. 2. Facilitate the flow of information and act as a liaison in the establishment of commercial relationships between Sonora, Mexico and this state. 3. Facilitate educational and training exchange programs between Sonora, Mexico and this state. 4. Promote the growth of tourism between Sonora, Mexico and this state to contribute to our economic and cultural development. 5. Assist the Arizona-Mexico commission. 6. Support the activities of various state agencies in Sonora, Mexico. 7. Adopt rules it deems necessary or desirable to further the objectives and programs of the office. 8. Formulate policies, plans and programs to effectuate the purposes of the office. 9. Employ, determine the conditions of employment and prescribe the duties and powers of administrative, professional, technical, secretarial, clerical and other persons as may be necessary in the performance of its duties and contract for the services of outside advisors, consultants and aides as may be reasonably necessary. 10. Make contracts and incur obligations within the general scope of its activities and operations subject to the availability of monies. 11. Contract with or assist other departments, agencies and institutions of the state, local and federal governments in the furtherance of its purposes, objectives and programs. 12. Subject to section 35-149, accept, expend and account for grants, monies and direct payments from public or private sources and other grants of money or property for the conduct of programs that are consistent with the overall purposes and objectives of the office. 13. Provide information and advice on request by local, state and federal agencies and by private citizens, business enterprises and community organizations on matters within the scope of its duties subject to its rules on the confidentiality of information. 14. Advise with and make recommendations to the governor and the legislature on all matters concerning its objectives. 15. Contract and enter into interagency and intergovernmental agreements pursuant to title 11, chapter 7, article 3 with any private party or public agency. 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. 41-109. Prevention of child abuse fund; definitions A. The prevention of child abuse fund is established consisting of monies received pursuant to section 28-2417. The director of the governor's office of youth, faith and family shall administer the fund. Not more than three percent of monies deposited in the fund annually shall be used for the cost of administering the fund. Monies in the fund are continuously appropriated. B. The governor's office of youth, faith and family shall allocate monies to primary prevention programs that strengthen families and that increase public and professional awareness to prevent child abuse in all its forms to children in this state. Beginning January 1, 2020, monies received pursuant to section 28-2417 may be allocated to child and family advocacy centers to provide support to victims of child abuse. C. On notice from the director of the governor's office of youth, faith and family, 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. D. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. E. Before allocating monies pursuant to subsection B of this section: 1. The director of the governor's office of youth, faith and family shall prepare and issue a request for donation application that includes at least the following information: (a) A description of the nature of the donation project, including the scope of the work to be performed by an awardee. (b) Identification of the funding source and the total amount of available monies. (c) Whether a single award or multiple awards may be made. (d) Encouragement of collaboration by entities for community partnerships, if appropriate. (e) Any additional information required by the applications. (f) The criteria or factors under which an application will be evaluated for award and the relative importance of each criteria or factor. (g) The due date for submittal of an application and the anticipated time the awards may be made. 2. Adequate public notice of the request for donation application shall be given a reasonable time before the date set forth in the request for application. The notice may include publication one or more times in a newspaper of general circulation in this state a reasonable time before the application opening. 3. A preapplication conference may be conducted before the due date for the submittal of an application to explain the donation application requirements. Statements made at a preapplication conference are not amendments to a request for a donation application unless a written amendment is issued. 4. A donation application shall be publicly received at the time and place designated in the request for donation application. The name of each applicant shall be publicly read and recorded. All other information in the donation application is confidential during the process of evaluation. All applications shall be open for public inspection after donations are awarded. To the extent the applicant designates and the state concurs, trade secrets and other proprietary information contained in the application shall remain confidential. 5. An application shall be evaluated by at least three evaluators who are peers or other qualified individuals. The evaluators may allow an applicant to make an oral or written presentation regarding the scope of work, terms and conditions of the donations, budget and other relevant matters set forth in the request for application. An applicant shall be accorded fair treatment with respect to any opportunity for oral or written presentations. The evaluators may require an applicant to revise the application to reflect information provided in an oral or written presentation. Any person who has information contained in the application of competing applicants shall not disclose that information. 6. The evaluators shall review each application based solely on the evaluation criteria or factors set forth in the request for donation application. Each evaluator shall maintain a written record of the evaluator's assessment of each application, which shall include comments regarding compliance with each evaluation criteria or factor, the citation of a specific criteria or factor as the basis of each stated strength or weakness and a clear differentiation between comments based on facts presented in the application and comments based on professional judgment. 7. The evaluators shall make award recommendations to the director of the governor's office of youth, faith and family based on the evaluators' reviews of each application. The evaluators' recommendations may include the adjustment of the budgets of the applicants individually or collectively. 8. The director of the governor's office of youth, faith and family may affirm, modify or reject the evaluators' recommendations in whole or in part. Modification of the evaluators' recommendations may include the adjustment of the budget on any proposed award individually or on all awards by an amount or percentage. If the director of the division modifies or rejects the recommendations, the director shall document in writing the specific justifications for the action taken. 9. The director of the governor's office of youth, faith and family may enter into agreements with other state governmental units to furnish assistance in conducting the solicitation of donation applications. 10. The director of the governor's office of youth, faith and family may resolve protests of the award or proposed award of a donation. An appeal from a decision of the director of the governor's office of youth, faith and family may be made to the director of the department of administration. A protest of an award or proposed award of a donation and any appeals shall be resolved in accordance with the rules of procedure adopted by the department of administration pursuant to section 41-2611. F. On or before December 31 of each year, the director of the governor's office of youth, faith and family shall submit a written report to the governor, the president of the senate and the speaker of the house of representatives on all expenditures made from the fund in that calendar year. The report shall include all administrative expenses, all grants of monies, the names of grantees and any remaining balance in the fund. The director shall provide a copy of the report to the secretary of state and the director of the Arizona state library, archives and public records. G. The director of the governor's office of youth, faith and family shall make available to the public a list of all grants awarded pursuant to this section. H. For the purposes of this section: 1. "Donation" means furnishing financial or other assistance, including state monies or federal grant monies, by the director of the governor's office of youth, faith and family to any person for the purpose of supporting or stimulating primary prevention programs that strengthen families and that increase public and professional awareness to prevent child abuse in all its forms to children of this state if no substantial involvement between the governor's office of youth, faith and family and the recipient occurs during performance. 2. "Person" means any corporation, business, individual, committee, club or other organization or group of individuals. 41-110. Crisis contingency and safety net fund; exemption; use of monies A. The crisis contingency and safety net 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. 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 are exempt from the provisions of section 35-190 relating to lapsing of appropriations. B. Monies in the fund may be spent only following a state of emergency declaration by the governor and only for the following forms of economic assistance during the state of emergency: 1. Housing assistance, including payments to prevent eviction or foreclosure. 2. Monies for entities to provide services for homeless persons, including shelter, food, clothing and transportation. 3. Economic assistance to small businesses with fewer than fifty employees, nonprofit organizations and health care providers. 4. Monies for food bank operations. C. Before spending monies in the fund, the office of the governor shall notify the president of the senate, the speaker of the house of representatives and the joint legislative budget committee on the intended use of the monies. D. Monies in the fund shall be used to supplement and not supplant any monies allocated by the federal government for economic assistance during a state of emergency. 41-111. Inauguration expenses; donations; promotional fund account; exemption A. The governor or governor-elect shall deposit in a state promotional fund account established pursuant to section 41-1105 all monies raised or received for the purpose of paying the costs of that governor's inauguration events and shall pay those costs with monies from the state promotional fund account. B. An individual or entity may donate monies, services or other things of value for the purposes of paying the costs of gubernatorial inauguration events not to exceed an aggregate of $25,000. For the purposes of aggregating donations, any donations of monies, services or other things of value that are made by an entity that is a controlled business as defined in section 38-541 shall be aggregated with the individual donor's donations. C. Monies, services or other things of value that are lawfully donated pursuant to this section are not contributions for the purposes of title 16, chapter 6. 41-114. Human trafficking victim assistance fund; definition A. The human trafficking victim assistance fund is established consisting of monies received pursuant to sections 9-500.10 and 32-4260. The director shall administer the fund for the purposes prescribed in this section. B. The governor's office for children, youth and families shall establish program priorities for the fund. The office shall spend monies in the fund to provide assistance to victims of sex trafficking prescribed in section 13-1307, child sex trafficking prescribed in section 13-3212, subsection A, paragraph 9 or 10 and trafficking of persons for forced labor or services prescribed in section 13-1308. C. Monies in the fund do not revert to the state general fund. D. For the purposes of this section, "director" means the director of the governor's office for children, youth and families. 41-115. Alcohol, tobacco and drug education; definition A. The governor's office of youth, faith and family or the department of health services may partner with state and local education agencies and facility-based nonprofit youth development organizations to annually teach children in grades five through twelve about the health dangers of federally defined illegal substances, tobacco, alcohol, marijuana, opioids and nonprescription pharmaceuticals. B. For the purposes of this section, "facility-based nonprofit youth development organization" means an organization that provides proven and tested recreational, educational and character-building programs for children who are at least six and under nineteen years of age. 41-116. Governor; official notification; display of flags; state agencies; state buildings; military service members; definition A. The governor, after receiving official notification of the death of a military service member of the United States armed forces who was killed in action and who claimed this state as the military service member's home of record or who was stationed in this state, shall notify all state agencies to fly all flags displayed on or in front of all state buildings at half-staff pursuant to section 38-451. B. For the purposes of this section, "official notification" means a casualty notification from the military service member's branch of service. 41-121. Duties A. The secretary of state shall: 1. Receive bills and resolutions from the legislature, and perform such other duties as devolve on the secretary of state by resolution of the two houses or either of them. 2. Keep a register of and attest the official acts of the governor. 3. Act as custodian of the great seal of this state. 4. Affix the great seal, with the secretary of state's attestation, to public instruments to which the official signature of the governor is attached. 5. File in the secretary of state's office receipts for all books distributed by the secretary of state and direct the county recorder of each county to do the same. 6. Certify to the governor the names of those persons who have received at any election the highest number of votes for any office, the incumbent of which is commissioned by the governor. 7. Promptly chapter slip laws filed by the legislature, electronically publish and maintain the bills, memorials and resolutions posted on the secretary of state's website, make such acts available for a reasonable fee to include the cost of printing and postage, provide each house of the legislature and the legislative council with a certified copy of each chaptered bill or resolution and transfer to the custody of the Arizona state library, archives and public records all original paper copies filed. 8. Keep a fee book of fees and compensation of whatever kind and nature earned, collected or charged by the secretary of state, with the date, the name of the payer and the nature of the service in each case. The fee book shall be verified annually by the secretary of state's affidavit entered in the fee book. 9. Perform other duties imposed on the secretary of state by law. 10. Report to the governor on January 2 each year, and at such other times as provided by law, a detailed account of the secretary of state's official actions taken since the secretary of state's previous report together with a detailed statement of the manner in which all appropriations for the secretary of state's office have been expended. 11. Transfer all noncurrent or inactive books, records, deeds and other papers otherwise required to be filed with or retained by the secretary of state to the custody of the Arizona state library, archives and public records. 12. Accept electronic and digital signatures that comply with section 18-106 for documents filed with and by all state agencies, boards and commissions. 13. Meet at least annually with personnel from the federal voting assistance office of the United States department of defense and with county recorders and other county election officials in this state to coordinate the delivery and return of registrations, ballot requests, voted ballots and other election materials to and from absent uniformed and overseas citizens. B. The secretary of state may refuse to perform a service or refuse a filing based on a reasonable belief that the service or filing is being requested for an unlawful, illegitimate, false or fraudulent purpose or is being requested or submitted in bad faith or for the purpose of harassing or defrauding a person or entity. This subsection does not apply to election filings. 41-121.01. Salary The secretary of state shall receive an annual salary pursuant to section 41-1904. 41-121.02. Department of state A. The department of state is established and shall be composed of the office of the secretary of state. B. The secretary of state shall have charge of and direct the department of state. C. Except as otherwise provided by law, employees of the department are subject to chapter 4, article 4 and, as applicable, articles 5 and 6 of this title. D. Purchases and contracts for goods and services in the amount of $150,000 or less that are entered into by the Arizona state library, archives and public records are exempt from chapter 23 of this title. E. The Arizona state library, archives and public records is exempt from chapter 6 of this title. 41-122. Assistant secretary of state The secretary of state shall appoint an assistant secretary of state who, in the absence of the secretary of state, or when the secretary of state is acting governor, shall perform the duties of the secretary of state. 41-124. Receipt and record of documents received The secretary of state shall provide a receipt of delivery for any document that is delivered to the secretary of state and record the number of documents delivered, to whom delivered and the date of delivery. 41-125. Membership in national organizations; attending conventions The secretary of state is authorized to hold membership in, and to maintain membership by the payment of dues to, the national organizations of state officials occupying a like office or performing similar functions, and is authorized to attend the national association of secretaries of state. 41-126. Fees; expedited services A. The secretary of state shall receive the following fees: 1. Making a copy of any document on file in his office, no more than ten cents for each page or partial page. 2. Filing and recording each application to become a notary public and transmitting a commission for a notary public, no more than twenty-five dollars. 3. Filing an application for registration or renewal of the registration of a trademark or recording an assignment of a trademark, fifteen dollars. 4. Filing an application for registration or renewal of the registration of a trade name or recording an assignment of a trade name, no more than ten dollars. 5. Issuing a certificate of registration of a trademark or a trade name, no more than three dollars. 6. Filing, as required by the uniform commercial code: (a) A financing statement, no more than three dollars. (b) An amendment to a financing statement, no more than three dollars. (c) An assignment, no more than three dollars. (d) A continuation statement, no more than three dollars. (e) A statement of release, no more than two dollars. (f) A termination statement, no more than two dollars. 7. Issuing a certificate as provided in section 44-3146 naming a particular debtor, no more than six dollars. 8. Making a copy of a filed financing statement, no more than fifty cents per page. 9. Certifying a copy of a writing specified in paragraphs 6, 7 and 8 of this subsection, no more than three dollars. 10. Filing, recording or certifying any other document not specified in this section, no more than three dollars. 11. Filing the oath and bond of notary public, eighteen dollars. 12. Issuing a certificate as to official capacity of a notary public and affixing a seal to the certificate, eighteen dollars. B. The secretary of state shall provide for and establish an expedited service for the processing of requests, applications, filings and searches as follows: 1. The expedited processing shall be a priority effected in a fast and efficient manner. 2. A fee shall be charged for expedited services. This fee shall not exceed twenty-five dollars per service and shall be in addition to any other fees provided by law, including those set forth in subsection A of this section. C. The secretary of state shall adopt rules necessary to carry out subsection B of this section. 41-128. Standing political committee administrative fund; purpose The standing political committee administrative fund is established consisting of monies from filing fees that are paid by standing political committees. The secretary of state shall administer the fund. Monies in the fund are continuously appropriated. 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. Monies in the fund shall be used for the costs of administering and enforcing the campaign finance laws relating to standing political committees. 41-129. Election systems improvement fund; purpose A. The election systems improvement fund is established in the office of the secretary of state. The fund shall consist of monies received from the United States government, matching monies from state, county or local governments, legislative appropriations, gifts, grants and donations. B. The secretary of state shall administer the fund. Any monies deposited into the fund in fiscal years 2002-2003 and 2003-2004 are appropriated to the secretary of state and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. To the extent permitted by federal law, monies in the fund, other than state general fund monies, deposited each subsequent fiscal year are subject to legislative appropriation and such appropriations are subject to the lapsing provisions of section 35-190. State general fund monies appropriated to the fund beginning in fiscal year 2004-2005 are available for use by the secretary of state without further appropriation. Monies in the fund do not revert to the state general fund or any other funding source at the end of the fiscal year. 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. C. On or before December 31 of each year, the secretary of state shall submit to the joint legislative budget committee and the governor's office of strategic planning and budgeting a summary of the total expenditure plan for the fund. D. Monies in the fund shall be used to implement the provisions of the help America vote act of 2002 (P.L. 107-252). 41-130. Use of state seal restricted; violation; classification A person may use, display or otherwise employ any facsimile, copy, likeness, imitation or other resemblance of the great seal of this state only after obtaining the approval of the secretary of state. The secretary of state may grant a certificate of approval upon application by any person showing good cause for the use of the great seal of this state for a proper purpose. The great seal of this state shall in no way be employed by anyone other than a state agency for the purpose of advertising or promoting the sale of any article of merchandise whatever within this state or for promoting any other commercial purpose. The secretary of state may promulgate rules for the use of the great seal of this state or any facsimile, copy, likeness, imitation or other resemblance of the great seal. Any person who knowingly violates this section is guilty of a class 3 misdemeanor. 41-131. Certified copies; fee A. On request, the secretary of state or the secretary's designee may certify under the great seal of the state of Arizona any publicly recorded document filed pursuant to this article. B. The secretary of state may charge a copy fee per page pursuant to section 39-121.01 and shall charge a certified copy fee pursuant to section 41-126, subsection A, paragraph 10. 41-133. Officeholder expenses; account; reporting; limitations; civil penalty; definition A. Any person who holds elected statewide public office or a legislative office in this state, whether by election or appointment, may receive or spend monies to defray the costs of performing officeholder duties as follows: 1. An officeholder may receive contributions pursuant to this section only from individuals, and the maximum amount that may be received from an individual during an election cycle is one hundred fifty dollars. 2. The total amount that an officeholder may receive or spend pursuant to this section during an election cycle is ninety-eight thousand three hundred sixty dollars for the governor, fifty-one thousand six hundred eighty dollars for the secretary of state and the attorney general, twenty-five thousand eight hundred forty dollars for all other statewide officeholders and nine thousand eight hundred dollars for a legislator, which may include personal monies as prescribed by paragraph 3 of this subsection. The secretary of state shall adjust this amount biennially as prescribed in section 16-931. 3. An officeholder may contribute up to thirty percent of the limits as prescribed by paragraph 2 of this subsection of the officeholder's personal monies to the officeholder's expense account. B. For an officeholder's future campaign monies received do not constitute a contribution as defined in section 16-901 if the monies are received, expended and reported as prescribed in this section. C. An officeholder shall establish a separate account for officeholder expenses, which shall be separate from any candidate campaign account. The officeholder shall file a statement of organization for the account designated as an officeholder expense account. Monies raised or spent for officeholder expenses shall be reported under campaign finance reporting requirements pursuant to title 16, chapter 6, articles 1, 1.1, 1.2, 1.3, 1.4, 1.5, 1.6 and 1.7. D. An officeholder shall not use monies in the officeholder account for campaign purposes. Permissible uses of monies in an officeholder account include the following: 1. Office equipment and supplies. 2. Travel related to the officeholder's duties. 3. Meeting or communicating with constituents. 4. Expenses for informational and educational purposes, including subscriptions to newspapers, magazines or other periodicals or websites or other informational services, membership or participation in community, professional or fraternal organizations and participation in conferences and seminars. E. An officeholder shall not receive or spend monies from the officeholder account during the period beginning April 30 in an election year, shall complete the purchase or otherwise use the item before April 30 in an election year and shall not spend those monies until after the day of the general election. Any monies remaining in the officeholder expense account beginning April 30 in an election year may not be used except as follows: 1. Paid to the state general fund. 2. For a person who continues to hold office as prescribed in this section, carried forward to an officeholder expense account for another office or term of office, subject to the limitations prescribed by this section. 3. Donated to a political committee other than a person's exploratory committee or a candidate's campaign committee, unless the officeholder continues to hold office as prescribed in this section or the officeholder holds any other elected office immediately following completion of the officeholder's term. 4. Donated to an organization that qualifies under section 501(c)(4) of the United States internal revenue code, unless the officeholder continues to hold office as prescribed in this section or the officeholder holds any other elected office immediately following completion of the officeholder's term. F. Except as prescribed in subsection E of this section, an officeholder shall not transfer officeholder account monies to any other account or committee except for another officeholder account for that same officeholder. G. Section 41-1234.01 applies to contributions to an officeholder account for legislators. H. A person who violates this section is subject to a civil penalty of three times any amount improperly received, spent or reported. I. Sections 16-937 and 16-938 apply for the implementation and enforcement of this section. J. Any monies held by an officeholder pursuant to the officeholder expense account rules established by the citizens clean elections commission are subject to this section, and the citizens clean elections commission has no further authority with respect to those monies. K. For the purposes of this section, "officeholder" means a person who holds an elected statewide public office or a legislative office in this state, whether by election or appointment. 41-151. Definitions In this article, unless the context otherwise requires: 1. "Director" means the director of the state library. 2. "Records": (a) Means all books, papers, maps, photographs or other documentary materials, regardless of physical form or characteristics, including prints or copies of such items produced or reproduced on film or electronic media pursuant to section 41-151.16, made or received by any governmental agency in pursuance of law or in connection with the transaction of public business and preserved or appropriate for preservation by the agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations or other activities of the government, or because of the informational and historical value of data contained in the record. (b) Includes records that are made confidential by statute. (c) Does not include library or museum material made or acquired solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference and stocks of publications or documents intended for sale or distribution to interested persons. 3. "State library" means the Arizona state library, archives and public records. 41-151.01. Arizona state library, archives and public records A. The Arizona state library, archives and public records is established in the office of the secretary of state. B. The state library shall: 1. Acquire and provide access to materials relating to the following in print, in an electronic format or in any other format: (a) Law. (b) Political science. (c) Economics. (d) Sociology. (e) Subjects pertaining to the theory and practice of government. (f) Genealogy. (g) Arizona history. 2. Provide the following: (a) A general and legal reference service. (b) A records management and archives program. (c) A state and federal government documents depository program. (d) A library development service. (e) Museums for educational purposes as approved by the secretary of state. (f) A service, including materials, for persons who are visually or physically unable to use traditional print materials. 41-151.02. Electronic records repository fund; exemption A. The electronic records repository fund is established consisting of legislative appropriations, gifts, nonfederal grants, fees, donations and other monies. The director shall administer the fund. Monies in the fund are subject to legislative appropriation. The director shall use the monies in the fund for operating expenses for the trusted electronic records repository established pursuant to section 41-151.15. B. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 41-151.03. Director of the state library; qualifications A. The state library is under the charge and control of a director, subject to supervision of the secretary of state. The secretary of state shall appoint the director of the state library. The director shall serve at the pleasure of the secretary of state. B. The director shall be technically trained in library work with at least a master's degree in library science or the equivalent and have at least five years' actual experience as chief administrator of a major library. 41-151.04. Compensation of director The secretary of state shall determine the compensation of the director pursuant to section 38-611. 41-151.05. Powers and duties of director A. The director shall: 1. Adopt rules for the use of books or other materials in the custody of the state library and for the removal of books from the library, including assessing reasonable penalties for failure to return books or other materials when due. The proceeds from the assessment of reasonable penalties shall be deposited, pursuant to sections 35-146 and 35-147, in the state library fund established by section 41-151.06. The monies shall be used only for the purchase of other books or materials. 2. Sell or exchange undesired duplicate copies of books or other materials, or books or other materials not of value for the purposes of the library, or photographic reproductions of state library holdings, and deposit, pursuant to sections 35-146 and 35-147, the proceeds in the state library fund established by section 41-151.06. The monies shall be used for the purchase of other books or materials. 3. Bring actions for the recovery of books or other materials, or for three times the value of the books or other materials, against any person who has them in the person's possession or who is responsible for the books or other materials, and who has failed or refused to return them on demand. If a book or other material is one of a set, the value of the book or other material may be deemed the value of the entire set. The director shall deposit, pursuant to sections 35-146 and 35-147, monies recovered pursuant to this paragraph in the state library fund established by section 41-151.06. 4. Certify copies from books, documents or other archival or public records that have been deposited in the custody of the state library. The fee for certification shall be the same as prescribed for the certification of records by the secretary of state. The director shall deposit, pursuant to sections 35-146 and 35-147, these fees in the state library fund established by section 41-151.06. These certificates have the same force and effect as if made by the officer originally in charge of the record. 5. As the director deems necessary: (a) Arrange with the federal government, other states and foreign countries for a system of exchange of official state reports and publications, session laws, statutes, legislative journals and supreme court reports. (b) Enter into agreements to establish a depository system and an exchange program with any municipal, county or regional public library, state college or state university library and out-of-state research libraries. (c) Enter into agreements with libraries in this state for the state documents program described in section 41-151.08, subsection A, paragraph 2. Any library that enters into an agreement pursuant to this subdivision shall continue to contribute at least the same level of support to the state documents program and may not use any monies received pursuant to the agreement to supplant other monies available to the library. 6. Adopt rules for the acquisition, maintenance, access and preservation of state publications. 7. After consultation with other agencies, adopt rules as provided by statute, including rules for: (a) Describing state publications in all formats. (b) Supervising county free libraries pursuant to section 11-910. (c) Certifying signs, plaques and markings pursuant to sections 28-7051 and 41-151.10. (d) Enforcing section 34-502. 8. Provide access to an official compilation or revision of the laws of this state to each public or court library in this state that applies for access. The director may provide the access electronically. On request, the director may provide a certified copy of a law pursuant to paragraph 4 of this subsection. 9. As part of the secretary of state's annual report to the governor, report on the condition of the state library, its activities and the disposition of monies spent for its maintenance. 10. Subject to chapter 4, article 4 of this title, appoint personnel, including security personnel, necessary to perform the duties of the state library and assign their duties. 11. Cooperate with the legislative council in carrying out section 41-1304, subsection B. B. The governor, the secretary of state, the president of the senate, the speaker of the house of representatives, the heads of departments and all officers and agents of this state shall supply at no cost the number of copies of official reports, public documents and publications required for the state library or its agents to satisfy the requirements of the state documents program or arrangements or agreements entered into pursuant to subsection A, paragraph 5 of this section. C. The governmental units described in subsection B of this section shall: 1. Notify the state library if the reports, documents and publications subject to this section are posted on an internet website. 2. Pay the state library the fee charged pursuant to section 41-151.12 if the governmental unit refuses the state library's request to supply, and the state library incurs any expenses in obtaining, the copies that are required to be supplied pursuant to this section. 41-151.06. State library administrative agency; state library fund A. The state library is the state library administrative agency, and the director may accept, on behalf of the state, any allocation of monies or materials made by the federal government for state library purposes, any appropriation of state monies for the purposes of this article or any bequest, grant or gift to the state library, and administer all of them under rules adopted by the director, unless otherwise provided by law. The administration may not be inconsistent with the conditions of the allocation, appropriation, bequest, grant or gift. B. The state library fund is established. All monies received pursuant to this section and sections 28-2470.36 and 41-151.05, except for federal monies, shall be deposited, pursuant to sections 35-146 and 35-147, in the fund and accounted for separately. Monies in the accounts are continuously appropriated to the state library for the purposes provided for in the fund sources, and monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 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. C. All federal monies received as provided by this section shall be deposited, pursuant to sections 35-146 and 35-147, in a separate account of the fund and disbursed in the manner prescribed for the disbursement of state funds, but are not subject to section 35-190 relating to lapsing of appropriations. 41-151.07. Library development services The state library shall: 1. Direct and coordinate statewide public library services. 2. Encourage and assist the development of library services in state and local institutions and governmental units. 3. Compile and disseminate statistics and other data relating to libraries and library services. 4. Give professional advice and assistance in the establishment and operation of county free libraries, municipal or other libraries, or any combinations of county free and municipal or other libraries, and to joint ventures of public and private or nonprofit libraries in this state that make library information available to the public and that request such professional advice and assistance. 5. Develop library services for the blind and persons with physical disabilities regardless of the type of technology used. 6. Perform all other duties necessary or appropriate to the development of statewide library services. 41-151.08. Archives and history services; recovery of costs A. The state library shall contain: 1. All available works, books, newspaper files, pamphlets, papers, manuscripts, documents, magazines and newspaper articles, maps, pictures, items and materials pertaining to or bearing on the history of this state. 2. Copies of current official reports, public documents and publications of state, county and municipal officers, departments, boards, commissions, agencies and institutions, and public archives. To allow compliance with this paragraph, all public officers required by law shall report in writing to the governor, or to the governing officer or body of a county, city or town, to provide those reports, documents and publications to the state library for filing in the state library archives in the number that will satisfy the requirements of the state documents program or arrangements or agreements entered into pursuant to section 41-151.05, subsection A, paragraph 5 except those reports, documents and publications that are confidential. B. The governmental units described in subsection A of this section shall: 1. Notify the state library if the reports, documents and publications subject to this section are posted on an internet website. 2. Pay the state library the fee charged pursuant to section 41-151.12 if the governmental unit refuses the state library's request to provide, and the state library incurs any expenses in obtaining, the copies that are required to be provided pursuant to this section. 41-151.09. Depository of official archives A. The state library is the central depository of all official books, records and documents, including electronic records, not in current use of the various state officers and departments of this state and the counties, cities and towns. These materials constitute the state archives. The state archives shall be carefully kept and preserved, classified, catalogued and made available for inspection under rules the director adopts. B. State officers in possession of official state or territorial archives shall deposit those archives with the state library. C. Any county, municipal or other public official shall retain or deposit with the state library for permanent preservation pursuant to section 39-101 official books, records, documents and original papers not in current use. The clerk of the superior court shall deposit and the state library shall preserve all permanent superior court case files pursuant to court rules. D. The state library shall make birth and death records held in the state library archives available for inspection as follows: 1. Birth records if seventy-five years have passed after the date of birth as recorded on the birth certificate. 2. Death records if fifty years have passed after the date of death. 41-151.10. Historical records The state library shall: 1. Collect from the files of old newspapers, court records, church records, private collections and other sources, data pertaining to the history of this state. 2. Accept loans or gifts of rare volumes, manuscripts, maps, pictures and other articles or things of historical value. 3. Classify, edit, annotate and publish from time to time records considered of public interest. 4. Encourage the proper marking of points of historical importance. 5. Systematically stimulate historical research and encourage the study of Arizona history. 41-151.11. Access to public records The director, in person or through a deputy, has the right of reasonable access to all nonconfidential public records in this state, or any public office of this state or any county, city, district or political subdivision of this state, because of the historical and research value of data contained in those records, with a view to securing their safety and determining their need for preservation or disposal. 41-151.12. Records; records management; powers and duties of director; fees; records services fund A. The director is responsible for preserving and managing records. In addition to other powers and duties, the director shall: 1. Establish standards, procedures and techniques for effective management of records. 2. Make continuing surveys of recordkeeping operations and recommend improvements in current record management practices, including the use of space, equipment and supplies employed in creating, maintaining, storing and servicing records. 3. Establish standards and procedures for preparing schedules that provide for retaining records of continuing value and for prompt and orderly disposal of records no longer possessing sufficient administrative, legal or fiscal value to warrant their further keeping. 4. Establish criteria for designating essential records within the following general categories: (a) Records containing information necessary to the operations of government in an emergency created by a disaster. (b) Records containing information necessary to protect the rights and interests of persons or to establish and affirm the powers and duties of governments in the resumption of operations after a disaster. 5. Reproduce or cause to be reproduced essential records and prescribe the place and manner of their safekeeping. 6. Obtain such reports and documentation from agencies as are required for administering this program. 7. Request transmittal of the originals of records produced or reproduced by agencies of this state or its political subdivisions pursuant to section 41-151.16 or certified negatives, films or electronic media of such originals, or both, if in the director's judgment such records may be of historical or other value. 8. On request, assist and advise in the establishment of records management programs in the legislative and judicial branches of this state and provide program services similar to those available to the executive branch of state government pursuant to this article. 9. Establish a fee schedule to systematically charge state agencies, political subdivisions of this state and other governmental units of this state for services described in this section and section 41-151.13 and deposit, pursuant to sections 35-146 and 35-147, monies received from fees in the records services fund established by subsection B of this section. 10. Subject to approval of the secretary of state, establish a fee schedule to charge state agencies, political subdivisions of this state and other governmental units of this state for services and expenses incurred by the state library in obtaining copies of those reports, documents and publications that are required to be delivered, supplied or provided pursuant to sectio