Arizona Land Surveying Licensing Law

Arizona Code · 22 sections

The following is the full text of Arizona’s land surveying licensing law statutes as published in the Arizona Code. For the official version, see the Arizona Legislature.

A.R.S. § 11-00105

11-105 - Coconino county

11-105. Coconino county

Coconino county, the county seat of which is Flagstaff, is bounded as follows:

Commencing at the point where the boundary line between Utah and Arizona, being approximately the thirty-seventh parallel of north latitude and the meridian of one hundred ten degrees forty-five minutes west longitude intersect; thence south along such meridian to the Mogollon Rim; thence westerly along the Mogollon Rim, and the northern boundary of Gila county to the east line of range seven east, Gila and Salt River Guide meridian; thence north on such range line to the fourth standard parallel north; thence west on such parallel to the east line of range five east; thence north on such range line to the north line of township eighteen north; thence west on such line to the Gila and Salt river meridian; thence north on such meridian to the fifth standard parallel north; thence west on such parallel to the east line of range two west; thence north on such line to a point one mile north of the center of the right-of-way of the Atchison, Topeka & Santa Fe railway as it existed in 1891; thence westerly in a line one mile north of and parallel with the center of such right-of-way to the meridian one hundred thirteen degrees twenty minutes west longitude, as defined by the Mohave-Yavapai county boundary survey of 1908; thence north along such meridian line as defined to the point where such meridian line intersects the Colorado river; thence up the centerline of the Colorado river to the mouth of Kanab creek; thence up Kanab creek to a point where such creek intersects the boundary line between Utah and Arizona, being approximately the thirty-seventh parallel of north latitude; thence east along such boundary to its intersection with the meridian of one hundred ten degrees forty-five minutes west longitude, the place of beginning.

A.R.S. § 11-00107

11-107 - Graham county

11-107. Graham county

Graham county, the county seat of which is Safford, is bounded as follows:

Commencing at a point on the east line of range eighteen east, six miles south of the intersection of such line with the second standard parallel south, being the northwest corner of Cochise county; thence due north on the east line of range eighteen east, being the eastern boundary of Pinal county, to the point where such line intersects the Gila river; thence along the Gila river to the mouth of the San Carlos river; thence up the San Carlos river to the point where such river intersects the north line of township one north; thence east along the north line of township one north which is the southern boundary of Gila county to the one hundred tenth meridian of west longitude; thence north along such meridian to the Black river; thence up the Black river to its intersection with the east boundary of the White Mountain or San Carlos Indian reservation as defined by the resurvey of 1915; thence due south along the east boundary line of such Indian reservation to the southeast corner of the reservation, as established under instructions from the United States surveyor general of Arizona in the year 1883; thence in a south southeasterly direction in a direct line to the highest point of Thumb Butte; thence in a southerly direction following the boundary survey of 1912 to the summit of the north end of the Peloncillo range of mountains; thence in a general southeasterly direction along the summit of such range, as defined by the survey of 1912, to its intersection with the north boundary line of Cochise county, the point of intersection being the township line between townships eleven and twelve south, Gila and Salt River Guide meridian; thence west along the northern boundary line of Cochise county to the place of beginning.

A.R.S. § 11-00109

11-109 - Maricopa county

11-109. Maricopa county

Maricopa county, the county seat of which is Phoenix, is bounded as follows:

Commencing at a point where the meridian line one hundred thirteen degrees twenty minutes west longitude, as defined by the Atwood survey of 1918, intersects the second standard parallel south, being the northwest corner of Pima county; thence north on such survey line and along the east boundaries of Yuma and La Paz counties to the point where the meridian line one hundred thirteen degrees twenty minutes west longitude, as surveyed, intersects the thirty-fourth parallel north latitude, as defined by the Thompson survey of 1924; thence east on the thirty-fourth parallel north latitude, as defined, and along the southern boundary of Yavapai county to the point where the Hassayampa river intersects such parallel; thence southeast in a direct line following the Thompson survey of 1924 to a point in the Agua Fria river two miles southerly and below the mouth of Humbug creek; thence northerly up the Agua Fria river to a point two miles southerly and below the place where the residence of J. W. Swilling stood on January 31, 1877; thence easterly in a direct line following the Thompson survey of 1924 to the point where the thirty-fourth parallel north latitude, as defined by such survey, intersects the Verde river; thence east on such parallel to the point where the parallel as surveyed intersects the summit of the Mazatzal range of mountains; thence southerly along the summit of the Mazatzal range of mountains to the point where such range of mountains intersects the centerline of the Salt river; thence easterly up the Salt river to the mouth of Tonto creek; thence southerly in a direct line toward a mountain known as the "Water Shed," and along the western boundary of Gila county to the point where such line and boundary intersects the north line of township one north; thence west on the north line of township one north and along the northern boundary of Pinal county to the point where such line intersects the eastern line of range seven east; thence south on the eastern line of range seven east to the point where such line intersects the southern line of township two south; thence west on such line to the point where such line intersects the Gila river; thence northerly and westerly down the Gila river to the point where the river intersects the eastern line of range one east, being the northwest corner of Pinal county; thence south on such line to the point where such line intersects the second standard parallel south, being the southwest corner of Pinal county; thence west on such parallel to the point where it intersects the meridian line one hundred thirteen degrees twenty minutes west longitude, as defined by the Atwood survey of 1918, being the place of beginning.

A.R.S. § 11-00110

11-110 - Mohave county

11-110. Mohave county

Mohave county, the county seat of which is Kingman, is bounded as follows:

Commencing at a point on the boundary line between Utah and Arizona, being approximately the thirty-seventh parallel north latitude where such boundary line intersects Kanab creek, being the northwest corner of Coconino county; thence west on the Utah and Arizona boundary to the western boundary line of Arizona; thence southerly and on the western boundary line of Arizona and down the main channel of the Colorado river to Davis dam; thence following the state boundary as defined in the Arizona-Nevada and Arizona-California boundary compacts to the mouth of the Bill Williams' river; thence up the Bill Williams' river to the junction of Bill Williams' river and the main channel of the Santa Maria river; thence up the Santa Maria river to the point where the meridian line one hundred thirteen degrees twenty minutes west longitude, as defined by the Mohave-Yavapai county boundary survey of 1908, intersects the main channel of the Santa Maria river; thence north on the meridian as surveyed and along the western boundary line of Yavapai county to its intersection with the south boundary line of Coconino county; thence continuing along this alignment to the point where the meridian line one hundred thirteen degrees twenty minutes west longitude, as defined, intersects the Colorado river; thence up the Colorado river to the mouth of Kanab creek; thence up Kanab creek to the point where such creek intersects the boundary line between Utah and Arizona, being approximately the thirty-seventh parallel of north latitude, the place of beginning.

A.R.S. § 11-00115

11-115 - Yavapai county

11-115. Yavapai county

Yavapai county, the county seat of which is Prescott, is bounded as follows:

Commencing at the point where the thirty-fourth parallel of north latitude, as defined by the Thompson survey of 1924, and the summit of the Mazatzal mountains intersect; thence northerly along the summit of the Mazatzal mountains to the summit of the mountain known as and called "North Peak;" thence due west to the center of the channel of the Verde river; thence northerly along the center of the channel of the Verde river to the center of the channel of the mouth of Fossil creek; thence up Fossil creek along the center of the channel to the east line of range seven east, Gila and Salt River Guide meridian; thence north on such line to the fourth standard parallel north; thence west along such parallel to the east line of range five east; thence north on such line to the north line of township eighteen north; thence west on such line to the Gila and Salt river meridian; thence north on such meridian to the fifth standard parallel north; thence west on such parallel to the east line of range two west; thence north on such line to a point one mile north of the center of the right-of-way of the Atchison, Topeka & Santa Fe railway as it existed in 1891; thence westerly in a line one mile north and parallel with the center of the right-of-way to the meridian of one hundred thirteen degrees twenty minutes west longitude, as defined by the Mohave-Yavapai county boundary survey of 1908; thence south along the meridian line as surveyed and along the eastern boundaries of Mohave and La Paz counties to the point where such meridian line intersects the thirty-fourth parallel north latitude, as defined by the Thompson survey of 1924, being the northwest corner of Maricopa county; thence east on the thirty-fourth parallel north latitude, as defined, and along the northern boundary of Maricopa county to the point where the Hassayampa river intersects such parallel; thence southeasterly in a direct line following the Thompson survey of 1924 to a point in the Agua Fria river two miles southerly and below the mouth of Humbug creek; thence northerly up the Agua Fria river to a point two miles southerly and below the place where the residence of J. W. Swilling stood on January 31, 1877; thence easterly in a direct line, following the Thompson survey of 1924, to the point where the thirty-fourth parallel north latitude, as defined by such survey, intersects the Verde river; thence east on the thirty-fourth parallel north latitude, as surveyed, to the summit of the Mazatzal mountains, the point of beginning.

A.R.S. § 11-00136

11-136 - County formation commission

11-136. County formation commission

A. Within fifteen days of receipt of certification of the petition pursuant to section 11-135, subsection D, the governor shall appoint a county formation commission of three members, none of whom may reside in an affected county and no more than two of whom may be members of the same political party. At least one of the appointees must be a member of the state bar of Arizona, at least one of the appointees must be a certified public accountant and at least one of the appointees must have experience in property valuation and appraisal procedures. The governor shall designate one member to act as chairman. Members of the commission are entitled to receive compensation of one hundred dollars for each day engaged in the service of the commission plus reimbursement for travel and subsistence expenses pursuant to title 38, chapter 4, article 2. The commission may employ or contract for such clerical and professional staff services as may be necessary to perform its functions. The initial meeting of the commission shall be held at the call of the chairman within ten days after notice and acceptance of the members' appointment. No member, employee, agent or representative of the commission may use or promise to use any official authority or influence for the purpose of influencing the outcome of the proposed formation of new counties.

B. The commission shall consider and determine:

The fiscal impact of the proposed county formation and the economic viability of the proposed counties, including the costs of the proceedings to form the counties and potential disruptions and delays in delivery of federal and state aid and payments to the proposed counties.
The comparative costs of providing services in the affected county or counties and each proposed county.
The projected revenues available to the affected county or counties and each proposed county.
The final boundaries of the proposed counties.
A procedure for the orderly and timely transfer of service functions and responsibilities from the affected county or counties to each proposed county.
The division of each proposed county into supervisorial districts.
The proposed transfer, division and apportionment between the proposed counties of all real and personal property, valued at replacement cost less depreciation, and cash accounts owned by the affected county or counties.
Bonds and other indebtedness of the affected county or counties which are outstanding or authorized and other contracts and obligations of the affected county or counties which would be divided, apportioned and assumed by the proposed county or counties.
Estimated taxes, assessments or other authorized charges necessary in each proposed county to meet these liabilities in the first full fiscal year after the proposed county or counties are formed.
Each community college district, school district and special taxing district within the affected county or counties.
The indigent population of the proposed county or counties, determined as of the commission's initial meeting, for purposes of the Arizona health care cost containment system.

C. At any time before the final commission hearing the commission shall receive written requests to modify the boundaries of the proposed counties from any real property owner or registered voter in a proposed county. Such a request must contain sufficient information to identify the property or territory affected by a proposed modification and state the reasons for the request. The commission shall not change the boundaries described in the petition filed with the secretary of state unless modification is necessary in the interest of public convenience and necessity or to maintain an existing community of interest. The boundaries of a proposed county shall not pass through or divide an incorporated city or town or, if practicable, a special taxing district established under title 48 which receives financial assistance from the county. If possible, the boundaries shall be set along existing survey lines or political or administrative boundaries. The requirements of section 11-132, subsection B apply to proposed counties formed by the final boundaries prescribed by the commission.

D. In the case of a countywide district, a district which receives financial assistance from the county or which is governed by the affected county's board of supervisors, the auditor general shall audit and inventory the district's assets and liabilities and, if necessary, determine a fair and equitable division of them between the proposed counties.

E. All officers and employees of an affected county and all state agencies shall cooperate with, perform any functions required by and produce any books, records or other documents of the county requested by and necessary for the commission to perform its duties.

F. Within one hundred eighty days after notice and acceptance of the members' appointments the commission shall adopt a report and summary of its findings and its determination of the final boundaries of each proposed county. The commission shall transmit copies of the report to the person or organization proposing the county boundary changes, the secretary of state, the governor, the attorney general, the clerk of the board of supervisors of each affected county, the president of the senate, the speaker of the house of representatives and each legislator whose district is in an affected county.

G. The findings and determinations of the commission are the terms and conditions of the formation of the proposed counties. Except as otherwise authorized by this article, those terms and conditions are final and binding in each affected county and in each new county if the new counties are established pursuant to this article.

A.R.S. § 11-00143

11-143 - Distribution board

11-143. Distribution board

A. After the new county or counties are organized a special district governed by a distribution board is established consisting of the territory of the formerly existing affected county or counties. The function of the distribution board is to determine and accomplish the division, transfer and distribution of and payment for the property, assets, liabilities and records of the affected county or counties. The distribution board consists of two members elected at large from each new county plus the chairman of the county formation commission who shall act ex officio as the chairman of the board with the power to vote. The elective members shall be elected by nonpartisan ballot at the general election for the election of county officers pursuant to section 11-140. The names of candidates shall be placed on the general election ballot by petition pursuant to section 16-341 as it applies to county officers. The two candidates receiving the most votes in each new county are elected. If for any reason two members are not elected from a new county, the board of supervisors of the new county shall appoint a member or members as necessary so that the new county has two representatives on the distribution board. Elective members of the distribution board are entitled to compensation for their services determined pursuant to section 38-611. The chairman of the distribution board is entitled to compensation for services determined pursuant to section 11-136, subsection A. The distribution board is established and exists for two years beginning January 1 following the election of county officers pursuant to section 11-140 and terminating for all purposes from and after December 31 of the second calendar year following that election. The term of office for elective members and the chairman is for the duration of the distribution board's existence. A vacancy on the distribution board shall be filled by appointment by the respective county board of supervisors or by the governor in the case of the chairman. Elective county officers of the new counties shall provide the distribution board with necessary information and assistance to enable the distribution board to carry out its responsibilities under this section.

B. In the final annual budget of the affected county adopted pursuant to title 42, chapter 17, article 3, the board of supervisors shall include an amount for the operation of the distribution board during its first year of operation including legal, appraisal, survey and other costs. When collected, that amount shall be segregated and paid to the distribution board on the date of its organization. Taxes and federal, state and all other monies payable to the affected county after its termination and monies in the affected county's treasury shall be paid to the distribution board which shall account for the monies received according to their source. The distribution board shall pay all monies collected to the respective new county from or on behalf of which the monies were collected.

C. The distribution board shall annually estimate an amount to be levied as a tax on all the taxable property in the district to pay the distribution board's costs of administration and operation and to compensate any new county for property and other assets to which it is entitled under the terms of the transfer, division and apportionment of property as prescribed by the commission but which cannot be physically conveyed to the new county. On or before June 30 each year the distribution board shall certify to the board of supervisors of each new county the amount of taxes necessary to be levied for these purposes, and the board of supervisors shall levy and cause that amount to be collected as secondary taxes at the same time and in the same manner as levying and collecting general county taxes. The money so collected shall be paid to the distribution board which shall account for and expend the monies according to the purposes prescribed by this section. Any amounts remaining in the operating account of the distribution board on the date of its termination shall be paid to the new counties in proportion to their respective assessed valuation. Any amounts collectible by the distribution board on the date of its termination shall be collected by the respective new county in which they were assessed and paid to the state treasurer. The state treasurer shall hold these monies in trust for and pay them monthly to the respective new county on behalf of which they were collected according to the records of the distribution board.

D. The distribution board shall:

Establish a method to divide, apportion and assign to the respective new counties the liability for payment of any amounts which come due on account of:

(a) Bonds or other indebtedness of the affected county or counties which are outstanding or authorized when the affected county or counties are terminated.

(b) Other contracts and obligations, including employee compensation, of the affected county or counties.

Transfer, divide and apportion between the new counties all real and personal property and cash accounts of the affected county or counties as prescribed by the commission, compensating any new county for property which cannot be physically conveyed.

E. All records of an affected county shall, on its termination, be immediately transferred to the possession and custody of the distribution board. As soon as practicable the distribution board shall divide and transfer these records to the respective new county as appropriate. The records which would or should have been made in a new county, if it had been organized at the time of making the records, shall be transferred to that new county. The distribution board shall allow access to and inspection and transcription of county records by any person otherwise authorized by law to inspect or transcribe the particular records. If a transcript is made and properly verified and deposited, it has the same validity and effect as the original.

F. Before the distribution board is terminated the auditor general shall audit all of the distribution board's records and transmit the results of the audit to the board of supervisors of each new county and to the legislature. The costs of this audit shall be included in the distribution board's final budget and paid from the final tax levy for the distribution board.

A.R.S. § 11-00481

11-481 - Title and size prerequisites for recording maps and plats; recording fee; exception

11-481. Title and size prerequisites for recording maps and plats; recording fee; exception

A. All maps or plats presented for recording shall have a title that at least indicates the type of map or plat, the name of the subdivision or a description of the location of the area by section, township and range, the name of the owner of record of the area being surveyed and a place for the recorderâs information and seal block on the sheet.

B. Any map or plat offered for recording that exceeds a size of eight and one-half by fourteen inches shall be the original map legibly drawn on polyester or a copy reproduced on polyester by a photographic silver imaging process or other method that assures archival quality and is subject to the following restrictions:

A map or plat of a subdivision shall be on a sheet or sheets measuring twenty-four by thirty-six inches, including a left margin of two inches and be drawn to an accurate scale in at least eleven point type.
All other maps or plats shall be on a sheet or sheets measuring eighteen by twenty-four inches or twenty-four by thirty-six inches, including a left margin of two inches and drawn to an accurate scale in at least eleven point type.

C. The fee for recording any map or plat sheet exceeding eight and one-half by fourteen inches shall be twenty dollars and shall be exclusive of the fees for recording any documents to which the map or plat is attached or by which it is accompanied.

D. The fee for recording any map or plat sheet exceeding eight and one-half by fourteen inches when recorded at the request of the United States, this state or a political subdivision of this state is ten dollars and is exclusive of the fees for recording any documents to which the map or plat is attached or by which it is accompanied.

E. The requirements of this section do not apply to any map required to be recorded by the director of water resources under title 45, chapter 2.

A.R.S. § 11-00804

11-804 - Comprehensive plan; contents

11-804. Comprehensive plan; contents

A. The commission shall formulate and the board of supervisors shall adopt or readopt a long-term comprehensive plan for the development of the area of jurisdiction in the manner prescribed by this article. The comprehensive plan, with the accompanying maps, plats, charts and descriptive matter, shall show the commission's recommendations for the development of the area of jurisdiction. The comprehensive plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the area of jurisdiction pursuant to the present and future needs of the county.Â The comprehensive plan shall be developed so as to conserve the natural resources of the county, to ensure efficient expenditure of public monies and to promote the health, safety, convenience and general welfare of the public. The comprehensive plan may include studies and recommendations relative to the location, character and extent of highways, railroads, bus and other transportation routes, bicycle facilities, bridges, public buildings, public services, schools, parks, open space, housing quality, variety and affordability, parkways, hiking and riding trails, airports, forests, wildlife areas, dams, projects affecting conservation of natural resources, air quality, water quality and floodplain zoning. In the preparation of the comprehensive plan, the commission shall make surveys and studies of the present conditions and prospective future growth of the area of the jurisdiction. The comprehensive plan shall be a public record, but its purpose and effect shall be primarily as an aid to the county planning and zoning commission and to the board of supervisors in the performance of their duties. The comprehensive plan shall include provisions that identify changes or modifications that constitute amendments and major amendments to the plan.

B. In addition to the other matters that are required or authorized under this section and this article, for counties with a population of more than one hundred twenty-five thousand persons, the comprehensive plan shall include, and for other counties the comprehensive plan may include:

Planning for land use that designates the proposed general distribution and location and extent of uses of the land for housing, business, industry, agriculture, recreation, education, public buildings and grounds, open space and other categories of public and private uses of land appropriate to the county.Â The land use plan shall include:

(a) A statement of the standards of population density and building intensity recommended for the various land use categories covered by the plan.

(b) Specific programs and policies that the county may use to promote compact form development activity and locations where those development patterns should be encouraged.

(d) Policies that address maintaining a broad variety of land uses, including the range of uses existing in the county at the time the plan is adopted, readopted or amended.

(e) Currently identified sources of aggregates from maps that are available from state agencies, information from the Arizona geological survey on how to locate existing mines, consideration of existing mining operations and suitable geologic resources, policies to preserve currently identified aggregates sufficient for future development and policies to avoid incompatible land uses, except that this subdivision does not affect any permitted underground storage facility or limit any person's right to obtain a permit for an underground storage facility pursuant to title 45, chapter 3.1.

Planning for circulation consisting of the general location and extent of existing and proposed freeways, arterial and collector streets, bicycle routes and any other modes of transportation as may be appropriate, all correlated with the land use plan under paragraph 1 of this subsection.
Planning for water resources that addresses:

(a) The known legally and physically available surface water, groundwater and effluent supplies.

(b) The demand for water that will result from future growth projected in the comprehensive plan, added to existing uses.

(c) An analysis of how the demand for water that will result from future growth projected in the comprehensive plan will be served by the water supplies identified in subdivision (a) of this paragraph or a plan to obtain additional necessary water supplies.

Planning for energy use that:

(a) Encourages and provides incentives for efficient use of energy.

(b) Identifies policies and practices for greater use of renewable energy.

C. In addition to the other matters that are required or authorized under this section and this article, for counties with a population of more than two hundred thousand persons, the comprehensive plan shall include, and for other counties the comprehensive plan may include:

Planning for open space acquisition and preservation. The open space plan shall include:

(a) A comprehensive inventory of open space areas, recreational resources and designations of access points to open space areas and resources.

(b) An analysis of forecasted needs, policies for managing and protecting open space areas and resources and implementation strategies to acquire additional open space areas and further establish recreational resources.

(c) Policies and implementation strategies designed to promote a regional system of integrated open space and recreational resources and a consideration of any existing regional open space plan.

Planning for growth areas, specifically identifying those areas, if any, that are particularly suitable for planned multimodal transportation and infrastructure expansion and improvements designed to support a planned concentration of a variety of uses, such as residential, office, commercial, tourism and industrial uses.Â The mixed use planning shall include policies and implementation strategies that are designed to:

(a) Make automobile, transit and other multimodal circulation more efficient, make infrastructure expansion more economical and provide for a rational pattern of land development.

(b) Conserve significant natural resources and open areas in the growth area and coordinate their location to similar areas outside the growth area's boundaries.

(c) Promote the public and private construction of timely and financially sound infrastructure expansion through the use of infrastructure funding and financing planning that is coordinated with development activity.

An environmental planning element that contains analyses, policies and strategies to address anticipated effects, if any, of plan elements on air quality, water quality and natural resources associated with proposed development under the comprehensive plan.Â The policies and strategies to be developed under this element shall be designed to have countywide applicability and shall not require the production of an additional environmental impact statement or similar analysis beyond the requirements of state and federal law.
A cost of development element that identifies policies and strategies that the county will use to require development to pay its fair share toward the cost of additional public facility needs generated by new development, with appropriate exceptions when in the public interest.Â This element shall include:

(a) A component that identifies various mechanisms that are allowed by law and that can be used to fund and finance additional public services necessary to serve the development, including bonding, special taxing districts, development fees, in lieu fees and facility construction, dedications and privatization.

(b) A component that identifies policies to ensure that any mechanisms that are adopted by the county under this element result in a beneficial use to the development, bear a reasonable relationship to the burden imposed on the county to provide additional necessary public facilities to the development and otherwise are imposed pursuant to law.

D. The water resources element of the comprehensive plan does not require:

New independent hydrogeologic studies.
The county to be a water service provider.

E. In applying an open space element or a growth element of a comprehensive plan, a county shall not designate private or state land as open space, recreation, conservation or agriculture unless the county receives the written consent of the landowner or provides an alternative, economically viable designation in the comprehensive plan or zoning ordinance, allowing at least one residential dwelling per acre. If the landowner is the prevailing party in any action brought to enforce this subsection, a court shall award fees and other expenses to the landowner. Each county shall incorporate this subsection into its comprehensive plan and provide a process for a landowner to resolve discrepancies relating to this subsection.

F. The policies and strategies to be developed under these elements shall be designed to have regional applicability.

G. For counties with territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, the commission shall also consider military airport or ancillary military facility operations and shall identify the boundaries of any high noise or accident potential zone as defined in section 28-8461 in its comprehensive plan for purposes of planning land uses in the high noise or accident potential zone that are compatible with the operation of the military airport or ancillary military facility pursuant to section 28-8481, subsection J.

H. For a county that contains any portion of the influence area of a military installation or range or Arizona national guard site, the commission shall also consider respective installation, range or site operations and shall identify the influence area boundaries in its comprehensive plan for the purposes of planning land uses in the influence area that are compatible with the operation of the installation, range or site. For the purposes of this subsection, "influence area" and "military installation or range or Arizona national guard site" have the same meanings prescribed in section 11-818.01.

A.R.S. § 11-00831

11-831 - Review of land divisions; definitions

11-831. Review of land divisions; definitions

A. The board of supervisors of each county may adopt ordinances and regulations pursuant to this section for staff review and approval of land divisions of five or fewer lots, parcels or fractional interests, any of which is ten acres or smaller in size.Â The county may not deny approval of any land division that meets the requirements of this section.Â If a review of the request is not completed within thirty days after receiving the request, the land division is considered to be approved.Â At its option, the board of supervisors may submit a ballot question to the voters of the county to allow the voters to determine the application of subsections B and C of this section to qualifying land divisions in that county.

B. An application to split a parcel of land shall be approved if:

The lots, parcels or fractional interests each meet the minimum applicable county zoning requirements of the applicable zoning designation.
The applicant provides a standard preliminary title report or other acceptable document that demonstrates legal access to the lots, parcels or fractional interests.
The applicant provides a statement from a licensed surveyor or engineer, or other evidence acceptable to the county, stating whether each lot, parcel or fractional interest has physical access that is traversable by a two-wheel drive passenger motor vehicle.
The applicant reserves the necessary and appropriate utility easements to serve each lot, parcel or fractional interest created by the land division.
The applicant signs an affidavit or similar document under oath acknowledging the following:

(a) The applicant is aware that it is unlawful pursuant to subsection F of this section and section 32-2181, subsection D for a person or group of persons to attempt to avoid these sections or the subdivision laws of this state by acting in concert to divide a parcel of land into six or more lots or parcels.

(b) The applicant is aware that the county where the land division occurred or the state real estate department may investigate and enforce the prohibition against acting in concert to unlawfully divide a parcel of land into six or more lots or parcels.

C. An application to split a parcel of land that does not comply with one or more of the items listed in subsection B of this section shall still be approved if the applicant provides an acknowledgment that is signed by the applicant and that confirms that a building or use permit will not be issued by the county until the lot, parcel or fractional interest has met the requirements of subsection B of this section.Â The county may grant a variance from one or more of the items listed in subsection B of this section.

D. Any approval of a land division under this section may:

Include the minimum statutory requirements for legal and physical on-site access that must be met as a condition to issuing a building or use permit for the lots, parcels or fractional interests.
Identify topographic, hydrologic or other site constraints, requirements or limitations that must be addressed as conditions to the eventual issuance of a building or use permit. These constraints, requirements or limitations may be as noted by the applicant or through county staff review, but there shall be no requirement for independent studies.

E. If the requirements of subsections A through D of this section do not apply, a county may adopt ordinances and regulations pursuant to this chapter for staff review of land divisions of five or fewer lots, parcels or fractional interests but only to determine compliance with minimum applicable county zoning requirements and legal access and may grant waivers from the county zoning and legal access requirements.Â The county may not deny approval of any land division that meets the requirements of this section or if the deficiencies are noticed in the deed.Â A county may not require a public hearing on a request to divide five or fewer lots, parcels or fractional interests.Â If a review of the request is not completed within thirty days after receipt of the request, the land division shall be deemed approved. If legal access is not available, the legal access does not allow access by emergency vehicles or the county zoning requirements are not met, the access or zoning deficiencies shall be noticed in the deed. If a county by ordinance requires a legal access of more than twenty-four feet roadway width, the county is responsible for the improvement and maintenance of the improvement. If the legal access does not allow access to the lots, parcels or fractional interests by emergency vehicles, neither the county nor its agents or employees are liable for damages resulting from the failure of emergency vehicles to reach the lot, parcel or fractional interest.

F. It is unlawful for a person or group of persons acting in concert to attempt to avoid this section or the subdivision laws of this state by acting in concert to divide a parcel of land into six or more lots or sell or lease six or more lots by using a series of owners or conveyances.Â Either the county where the division occurred or the state real estate department pursuant to title 32, chapter 20, but not both, may enforce this prohibition.Â A familial relationship alone is not sufficient to constitute unlawful acting in concert.

G. For any subdivision that consists of ten or fewer lots, tracts or parcels, each of which is of a size as prescribed by the board of supervisors, the board of supervisors of each county may waive the requirement to prepare, submit and receive approval of a preliminary plat as a condition precedent to submitting a final plat and may waive or reduce infrastructure standards or requirements except for improved dust-controlled access and minimum drainage improvements.

H. For the purposes of this section:

"Legal access" means a public right of vehicular ingress and egress between the lots, parcels or fractional interests being created.
"Minimum applicable county zoning requirements" means the minimum acreage and dimensions of the resulting lot, parcel or fractional interest as required by the county's zoning ordinance.
"Utility easement" means an easement of eight feet in width dedicated to the general public to install, maintain and access sewer, electric, gas and water utilities.

A.R.S. § 11-01102

11-1102 - County development fees; imposition by counties; infrastructure improvements plan; advisory committee; annual report; limitation on actions; definitions

11-1102. County development fees; imposition by counties; infrastructure improvements plan; advisory committee; annual report; limitation on actions; definitions

A. A county may assess development fees to offset costs to the county associated with providing necessary public services to a development, including the costs of infrastructure, improvements, real property, engineering and architectural services, financing and professional services required for the preparation or revision of a development fee pursuant to this section, including the relevant portion of the infrastructure improvements plan.

B. Development fees assessed under this section are subject to the following requirements:

Development fees shall result in a beneficial use to the development.
The county shall calculate the development fee based on the infrastructure improvements plan adopted pursuant to this section.
The development fees may not exceed a proportionate share of the cost of necessary public services, based on service units, needed to provide necessary public services to the development.
Costs for necessary public services made necessary by new development shall be based on the same level of service provided to existing development in the service area at the time the infrastructure improvements plan is adopted.Â
Development fees may not be used for any of the following:

(a) Funding a level of service that is higher than the current level of service provided to existing development at the time the infrastructure improvements plan is adopted.

(b) Construction, acquisition or expansion of public facilities or assets other than necessary public services or facility expansions identified in the infrastructure improvements plan.

(d) Upgrading, updating, expanding, correcting or replacing existing necessary public services to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards.Â

(e) Upgrading, updating, expanding, correcting or replacing existing necessary public services to provide a higher level of service to existing development.

(f) Administrative, maintenance or operating costs of the county.

Any development for which development fees have been paid is entitled to the use and benefit of the services for which the development fees were imposed and is entitled to receive immediate service from any existing facility with available capacity to serve the new service units if the available capacity has not been reserved or pledged in connection with the construction or financing of the facility.Â
Development fees may be collected if any of the following occurs:

(a) The collection is made to pay for a necessary public service or facility expansion that is identified in the infrastructure improvements plan and the county plans to complete construction and have the service available within the time period established in the infrastructure improvements plan, but not longer than the time period provided in subsection J, paragraph 3 of this section.Â

(b) The county reserves capacity in the infrastructure improvements plan adopted pursuant to this section or otherwise agrees to reserve capacity to serve future development.

(c) The county requires or agrees to allow the owner of a development to construct or finance the necessary public service or facility expansion and any of the following applies:

(i) The costs incurred or monies advanced are credited against or reimbursed from the development fees otherwise due from a development.Â The amount of credits issued shall equal the costs identified by the county in the infrastructure improvements plan associated with the construction of the necessary public services or facility expansions.Â The county shall allow the owner to assign the credits from the development fees otherwise due from a development and any excess credits to other developments for the same category of necessary public services in the same service area.Â

(ii) The county reimburses the owner for those costs from the development fees paid from all developments that will use those necessary public services or facility expansions.Â The county shall allow the owner to assign the reimbursement rights to other developments for the same category of necessary public services in the same service area.Â

Projected interest charges and other finance costs may be included in determining the amount of development fees only if the monies are used for the payment of principal and interest on the portion of the bonds, notes or other obligations issued to finance construction of necessary public services or facility expansions identified in the infrastructure improvements plan.
Monies received from development fees shall be placed in a separate fund and accounted for separately and may only be used for the purposes authorized by this section.Â Monies received from development fees identified in an infrastructure improvements plan adopted or updated pursuant to subsection E of this section shall be used to provide the same category of necessary public services or facilities expansions for which the development fee was assessed and for the benefit of the same service area as defined in the infrastructure improvements plan in which the development fees were assessed. Interest earned on monies in the separate fund shall be credited to the fund.
The county shall prescribe the schedule for paying the development fees. Based on the costs identified in the infrastructure improvements plan, the county shall provide a credit toward the payment of the development fees for the required or agreed to dedication of public sites, improvements and other necessary public services or facility expansions included in the infrastructure improvements plan and for which development fees are assessed, to the extent the public sites, improvements and necessary public services or facility expansions are provided by the developer.Â On request of the developer, instead of providing a credit toward the payment of development fees, the county shall provide for reimbursement from the development fees paid from all development that will use those public sites, improvements or necessary public services or facility expansions of the actual costs of the required or agreed to dedication of public sites, improvements or other necessary public services or facility expansions included in the infrastructure improvements plan and for which development fees are assessed, to the extent the public sites, improvements and necessary public services or facility expansions are provided by the developer.Â The developer of residential dwelling units shall be required to pay the fees when construction permits for the dwelling units are issued, or at a later time if specified in the development agreement pursuant to section 11-1101. If a development agreement provides for development fees to be paid at a time later than the issuance of construction permits, the deferred development fees shall be paid not later than fifteen days after the issuance of a certificate of occupancy. Â The development agreement shall provide for the value of any deferred development fees to be supported by an appropriate security, including a surety bond, letter of credit or cash bond.
If a county requires as a condition of development approval the construction or improvement of, contributions to or dedication of any facilities that were not included in a previously adopted infrastructure improvements plan, the county shall cause the infrastructure improvements plan to be amended to include the facilities and shall provide a credit toward the payment of development fees for the construction, improvement, contribution or dedication of the facilities to the extent that the facilities will substitute for or otherwise reduce the need for other similar facilities in the infrastructure improvements plan for which development fees were assessed. If a county requires as a condition of development approval the set aside of active or passive open space, the county shall issue a credit toward any development fees identified in the infrastructure improvements plan to fund any park facilities or facility expansion.Â On request of the individual or entity seeking development approval, instead of issuing a credit toward the payment of development fees, the county shall provide for reimbursement from the development fees paid from all development that will use those facilities or facility expansions of the actual costs of the construction or improvement of, contributions to or dedication of the public facilities required as a condition of development approval.
The county shall forecast the contribution to be made in the future in cash, taxes, fees, assessments and all other sources of revenue derived from the property owner towards the capital costs of the necessary public service covered by the development fees.
If development fees are assessed against residential development, the county shall also assess development fees against commercial and industrial development.Â The county may distinguish between different categories of residential, commercial and industrial development in assessing the costs to the county of providing necessary public services to new development and in determining the amount of the development fees applicable to the category, except that the county may not distinguish residential developments on the basis of the size of the dwelling unit or number of bedrooms.Â If a county agrees to waive any of the development fees assessed on a development, the county shall reimburse the appropriate development fees accounts for the amount that was waived. The county shall provide notice of any such waiver to the advisory committee established pursuant to subsection I of this section.
In determining and assessing development fees applying to land in a community facilities district established under title 48, chapter 4, article 6, the county shall take into account all public infrastructure provided by the district and capital costs paid by the district for necessary public services and shall not assess a portion of the development fees based on the infrastructure or costs.
The county shall not assess or collect development fees from a school district or charter school, other than fees assessed or collected for streets and water and wastewater utility functions.

C. Before assessing development fees, the county shall:

Give at least thirty days' advance notice of intention to assess new or increased development fees.
Release to the public and post on the county's website a written report of the land use assumptions and infrastructure improvements plan adopted pursuant to subsection E of this section.
Conduct a public hearing on the proposed development fees at any time after the expiration of the thirty-day notice of intention to assess development fees and at least thirty days before the scheduled date of adoption of the development fees.Â Within sixty days after the date of the public hearing on the proposed development fees, the county shall approve or disapprove the imposition of the development fees.Â A county may not adopt an ordinance, order or resolution approving development fees as an emergency measure.

D. Development fees assessed pursuant to this section are not effective for at least ninety days after formal adoption by the board of supervisors.

E. Before the adoption or amendment of development fees or amendment of the boundaries of a service area, the board of supervisors shall adopt or update the land use assumptions and infrastructure improvements plan for the designated service area.Â The county shall conduct a public hearing on the land use assumptions and infrastructure improvements plan at least thirty days before the adoption or update of the infrastructure improvements plan.Â The county shall release the infrastructure improvements plan to the public, post the infrastructure improvements plan on the county's website, including in the posting the land use assumptions, the time period of the projections, a description of the necessary public services included in the infrastructure improvements plan and a map of the service area to which the land use assumptions apply, make available to the public the documents used to prepare the land use assumptions and infrastructure improvements plan and provide public notice at least sixty days before the public hearing, subject to the following:

The land use assumptions and infrastructure improvements plan shall be approved or disapproved within sixty days after the public hearing on the land use assumptions and infrastructure improvements plan and at least thirty days before the public hearing on the report required by subsection C of this section.Â A county may not adopt an ordinance, order or resolution approving the land use assumptions or infrastructure improvements plan as an emergency measure.
An infrastructure improvements plan shall be developed by qualified professionals using generally accepted engineering and planning practices pursuant to subsection F of this section.
A county shall update the land use assumptions and infrastructure improvements plan at least every five years.Â The initial five-year period begins on the day the infrastructure improvements plan is adopted.Â The county shall review and evaluate the current land use assumptions and shall cause an update of the infrastructure improvements plan to be prepared pursuant to this section.
Within sixty days after completion of the updated land use assumptions and infrastructure improvements plan, the county shall schedule and provide notice of a public hearing to discuss and review the update and shall determine whether to amend the land use assumptions and infrastructure improvements plan.
A county shall hold a public hearing to discuss the proposed amendments to the land use assumptions, the infrastructure improvements plan or the development fees.Â The land use assumptions and the infrastructure improvements plan, including the amount of any proposed changes to the development fees per service unit, shall be made available to the public on or before the date of the first publication of the notice of the hearing on the amendments.
The hearing procedures prescribed in paragraph 1 of this subsection apply to a hearing on the amendment of land use assumptions, an infrastructure improvements plan or development fees.Â Within sixty days after the date of the public hearing on the amendments, a county shall approve or disapprove the amendments to the land use assumptions, infrastructure improvements plan or development fees.Â A county may not adopt an ordinance, order or resolution approving the amended land use assumptions, infrastructure improvements plan or development fees as an emergency measure.
The advisory committee established under subsection I of this section shall file its written comments on any proposed or updated land use assumptions, infrastructure improvements plan and development fees before the fifth business day before the date of the public hearing on the proposed or updated land use assumptions, infrastructure improvements plan and development fees.
If, at the time an update as prescribed in paragraph 3 of this subsection is required, the county determines that no changes to the land use assumptions, infrastructure improvements plan or development fees are needed, the county, as an alternative to the updating requirements of this subsection, may publish notice of the determination on the county's website that includes the following:

(a) A statement that the county has determined that no change to the land use assumptions, infrastructure improvements plan or development fees is necessary.

(b) A description and map of the service area in which an update has been determined to be unnecessary.

(c) A statement that by a specified date, which shall be at least sixty days after the date of publication of the first notice, a person may request to the county in writing that the county update the land use assumptions, infrastructure improvements plan or development fees.

(d) A statement identifying the person or entity to whom the written request for an update should be sent.

If, by the date specified pursuant to paragraph 8 of this subsection, a person requests in writing that the county update the land use assumptions, infrastructure improvements plan or development fees, the county shall cause, accept or reject an update of the land use assumptions, infrastructure improvements plan or development fees to be prepared pursuant to this section.Â
Notwithstanding the notice and hearing requirements for adoption of an infrastructure improvements plan, the county may amend an infrastructure improvements plan without a public hearing if the amendment addresses only elements of necessary public services in the existing infrastructure improvements plan and the changes to the plan will not, individually or cumulatively with other amendments adopted pursuant to this subsection, increase the level of service in the service area or cause an increase inÂ development fees that is greater than five percent when new or modified development fees are assessed pursuant to this section.Â The county shall provide notice of the amendment at least thirty days before adoption, shall post the amendment on the county's website and shall provide notice to the advisory committee established pursuant to subsection I of this section that the amendment complies with this subsection.

F. For each necessary public service that is the subject of development fees, the infrastructure improvements plan shall include:

A description of the existing necessary public services in the service area and the costs to upgrade, update, improve, expand, correct or replace those necessary public services to meet existing needs and usage and stricter safety, efficiency, environmental or regulatory standards. The description shall be prepared by qualified professionals who are licensed in this state, as applicable.
An analysis of the total capacity, the level of current usage and commitments for usage of capacity of the existing necessary public services. The analysis shall be prepared by qualified professionals who are licensed in this state, as applicable.
A description of all or the parts of the necessary public services or facility expansions and their costs necessitated by and attributable to new development in the service area based on the approved land use assumptions, including a forecast of the cost of infrastructure, improvements, real property, financing, engineering and architectural services.Â The description shall be prepared by qualified professionals who are licensed in this state, as applicable.
A table that establishes the specific level or quantity of use, consumption, generation or discharge of a service unit for each category of necessary public services or facility expansions and an equivalency or conversion table that establishes the ratio of a service unit to various types of land uses, including residential, commercial and industrial.
A description of all the costs necessitated by ongoing maintenance and operations of the necessary public services once construction is completed and a description of the source of revenue to be used to fund the maintenance and operations.
The total number of projected service units necessitated by and attributable to new development in the service area based on the approved land use assumptions and calculated pursuant to generally accepted engineering and planning criteria.
The projected demand for necessary public services or facility expansions required by new service units for a period of not more than ten years.
A forecast of revenues generated by new service units other than development fees, including estimated state shared revenue, highway user revenue, federal revenue, ad valorem property taxes, construction contracting or similar excise taxes and the capital recovery portion of utility fees attributable to development based on the approved land use assumptions, and a plan to include these contributions in determining the extent of the burden imposed by the development as required in subsection B, paragraph 12 of this section.

G. A county's infrastructure improvements plan may identify necessary public services or facility expansions that the county plans to construct beyond the time period provided for in subsection J, paragraph 3 of this section but may not include the costs of those necessary public services or facility expansions in the calculation of development fees.

H. A county's development fees ordinance shall provide:

That new development fees or an increased portion of modified development fees may not be assessed against a development for twenty-four months after the date that the county issues the final approval for a commercial, industrial or multifamily development or the date that the first building permit is issued for a residential development pursuant to an approved site plan or subdivision plat, only if subsequent changes are not made to the approved site plan or subdivision plat that would increase the number of service units. If the number of service units increases, the new or increased portion of modified development fees shall be limited to the amount attributable to the additional service units.Â The period is not extended by a renewal or amendment of the site plan or the final subdivision plat that was the subject of the final approval.Â The county shall issue, on request, a written statement of the development fees schedule applicable to the development.Â If, after the date of the county's final approval of a development, the county reduces the development fees assessed on development, the reduced fees shall apply to the development.
A process for a development to request an alternative development fee calculation or change in category of development that appears on an adopted development fee schedule based on a projection that the actual burdens and costs associated with the county's provision of necessary public services or facility expansions to the development that are to be paid by development fees will differ substantially from those costs projected by the county or will be substantially less than the amount projected to be paid by development fees.Â The county manager or the county manager's designee shall review the request and make a determination as to the development fee to be assessed.Â The assessed development fee shall have a substantial nexus to the actual burdens and costs associated with providing the necessary public services or facility expansions to that development that are to be funded by development fees.Â The determination of the county manager is appealable to the board of supervisors.

I. A county shall do one of the following:

Before the adoption of the proposed or updated land use assumptions, infrastructure improvements plan and development fees as prescribed in subsection E of this section, appoint an infrastructure improvements advisory committee, subject to the following requirements:

(a) The advisory committee shall be composed of at least five members who are appointed by the board of supervisors.Â At least fifty percent of the members of the advisory committee must be representatives of the real estate, development or building industries, of which at least one member of the committee must be from the home building industry.Â Members may not be employees or officials of the county.

(b) The advisory committee shall serve in an advisory capacity and shall:

(i) Advise the county in adopting land use assumptions and in determining whether the assumptions are in conformance with the general plan of the county.

(ii) Review the infrastructure improvements plan and file written comments.

(iii) Monitor and evaluate implementation of the infrastructure improvements plan.

(iv) Every year file reports with respect to the progress of the infrastructure improvements plan and the collection and expenditures of development fees and report to the county any perceived inequities in implementing the infrastructure improvements plan or assessing the development fees.

(v) Advise the county of the need to update or revise the land use assumptions, infrastructure improvements plan and development fees.

(c) The county shall make available to the advisory committee any professional reports with respect to developing and implementing the infrastructure improvements plan.

(d) The county shall adopt procedural rules for the advisory committee to follow in carrying out the advisory committee's duties.

Provide for a biennial certified audit of the county's land use assumptions, infrastructure improvements plan and development fees.Â An audit pursuant to this paragraph shall be conducted by one or more qualified professionals who are not employees or officials of the county and who did not prepare the infrastructure improvements plan.Â The audit shall review the progress of the infrastructure improvements plan, including the collection and expenditures of development fees for each project in the infrastructure improvements plan, and evaluate any inequities in implementing the infrastructure improvements plan or imposing the development fees. The county shall post the findings of the audit on the county's website and shall conduct a public hearing on the audit within sixty days after the release of the audit to the public.Â

J. On written request, an owner of real property for which development fees have been paid after December 31, 2020 is entitled to a refund of the development fees or any part of the development fees if:

Pursuant to subsection B, paragraph 6 of this section, existing facilities are available and service is not provided.
The county, after collecting the fees to construct a facility when service is not available, has failed to complete construction within the time period identified in the infrastructure improvements plan, but in no event later than the time period specified in paragraph 3 of this subsection.
For development fees other than development fees for water or wastewater facilities, any part of the development fees is not spent as authorized by this section within ten years after the fees have been paid or, for development fees for water or wastewater facilities, any part of the development fees is not spent as authorized by this section within fifteen years after the development fees have been paid.

K. If the development fees were collected for the construction of all or a portion of a specific item of infrastructure, and on completion of the infrastructure the county determines that the actual cost of construction was less than the forecasted cost of construction on which the development fees were based and the difference between the actual and estimated cost is greater than ten percent, the current owner may receive a refund of the portion of the development fees equal to the difference between the development fees paid and the development fees that would have been due if the development fees had been calculated at the actual construction cost.

L. A refund shall include any interest earned by the county from the date of collection to the date of refund on the amount of the refunded fees. All refunds shall be paid to the owner of record of the property at the time the refund is paid.Â If the development fees are paid by a governmental entity, the refund shall be paid to the governmental entity.

M. Development fees that were adopted before January 1, 2017 may continue to be assessed only to the extent that the development fees will be used to provide a necessary public service for which development fees can be assessed pursuant to this section and shall be replaced by development fees imposed under this section on or before January 1, 2021. Any county having development fees that have not been replaced under this section on or before January 1, 2021 may not collect development fees until the development fees have been replaced with fees that comply with this section.Â Development fees adopted or amended by a county after January 1, 2017 shall comply with this section.Â Any development fees monies collected before January 1, 2017 remaining in a development fees account:

Shall be used towards the same category of necessary public services as authorized by this section.
And collected for a purpose not authorized by this section shall be used for the purpose for which the development fees were collected on or before January 1, 2024, and after which, if not spent, shall be distributed equally among the categories of necessary public services authorized by this section.

N. A moratorium may not be placed on development for the sole purpose of awaiting completion of all or any part of the process necessary to develop, adopt or update development fees.

O. In any judicial action interpreting this section all powers conferred on a county by this section shall be narrowly construed to ensure that development fees are not used to impose on new residents a burden all taxpayers of a county should bear equally.

P. Each county that assesses development fees shall submit an annual report accounting for the collection and use of the fees for each service area.Â The annual report shall include the following:

The amount assessed by the county for each type of development fee.
The balance of each fund maintained for each type of development fee assessed as of the beginning and end of the fiscal year.
The amount of interest or other earnings on the monies in each fund as of the end of the fiscal year.
The amount of development fee monies used to repay:

(a) Bonds issued by the county to pay the cost of a necessary public service that is the subject of a development fees assessment, including the amount needed to repay the debt service obligations on each facility for which development fees have been identified as the source of funding and the time frames in which the debt service will be repaid.

(b) Monies advanced by the county from funds other than the funds established for development fees in order to pay the cost of a necessary public service that is the subject of a development fees assessment, the total amount advanced by the county for each facility, the source of the monies advanced and the terms under which the monies will be repaid to the county.

The amount of development fees monies spent on each necessary public service or facility expansion that is the subject of a development fees assessment and the physical location of each capital improvement project.
The amount of development fees monies spent for each purpose other than a necessary public service or facility expansion that is the subject of a development fees assessment.

Q. Within ninety days following the end of each fiscal year, each county shall submit a copy of the annual report to the clerk of the board of supervisors and post the annual report on the county's website.Â Copies shall be made available to the public on request.Â The annual report may contain financial information that has not been audited.

R. A county that fails to file the report and post the annual report on the county's website as required by this section shall not collect development fees until the report is filed and posted.

S. Any action to collect development fees shall be commenced within two years after the obligation to pay the development fees accrues.

T. A county may continue to assess development fees adopted before January 1, 2017 for any facility that was financed before June 1, 2016 if:

Development fees were pledged to repay debt service obligations related to the construction of the facility.
After January 1, 2018, any development fees collected under this subsection are used solely for the payment of principal and interest on the portion of the bonds, notes or other debt service obligations issued before June 1, 2016 to finance construction of the facility.

U. Through January 1, 2018, development fees adopted before January 1, 2017 may be used to finance construction of a facility and may be pledged to repay debt service obligations if:

The facility that is being financed is a facility that is described under subsection V, paragraph 7, subdivision (a), (b), (c), (d) or (e) of this section.
The facility was included in an infrastructure improvements plan adopted before June 1, 2016.
The development fees are used for the payment of principal and interest on the portion of the bonds, notes or other debt service obligations issued to finance construction of the necessary public services or facility expansions identified in the infrastructure improvements plan.

V. For the purposes of this section:

"Dedication" means the actual conveyance date or the date an improvement, facility or real or personal property is placed into service, whichever occurs first.
"Development" means:

(a) The subdivision of land.

(b) The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure that adds or increases the number of service units.

"Facility expansion" means the expansion of the capacity of an existing facility that serves the same function as an otherwise new necessary public service in order that the existing facility may serve new development. Facility expansion does not include the repair, maintenance, modernization or expansion of an existing facility to better serve existing development.
"Final approval" means, for nonresidential or multifamily development, the approval of a site plan or, if no site plan is submitted for the development, the approval of a final subdivision plat.
"Infrastructure improvements plan" means a written plan that identifies each necessary public service or facility expansion that is proposed to be the subject of development fees and otherwise complies with the requirements of this section and may be the county's capital improvements plan.
"Land use assumptions" means projections of changes in land uses, densities, intensities and population for a specified service area over a period of at least ten years and pursuant to the general plan of the county.
"Necessary public service" means any of the following facilities that have a life expectancy of three or more years and that are owned and operated by or on behalf of the county:

(a) Water facilities, including the supply, transportation, treatment, purification and distribution of water, and any appurtenances for those facilities.

(b) Wastewater facilities, including collection, interception, transportation, treatment and disposal of wastewater, and any appurtenances for those facilities.

(c) Street facilities located in the service area, including arterial or collector streets or roads that have been designated on an officially adopted plan of the county, traffic signals and rights-of-way and improvements thereon. Improvements to rights-of-way do not include streetcars, railways or other forms of transportation and their corresponding tracks.

(d) Public safety facilities, including all appurtenances, equipment and vehicles.Â Public safety facilities do not include a facility or portion of a facility that is used to replace services that were once provided elsewhere in the county, vehicles and equipment used to provide administrative services, helicopters or airplanes, paramilitary vehicles, court and judicial facilities, facilities that are used for training firefighters or officers from more than one station or substation or jail, correctional or detention facilities.

(e) Neighborhood parks and recreational facilities on real property up to thirty acres in area, or parks and recreational facilities larger than thirty acres if the facilities provide a direct benefit to the development. Parks and recreational facilities do not include vehicles, equipment of that portion of any facility that is used for amusement parks, aquariums, aquatic centers, auditoriums, arenas, arts and cultural facilities, bandstand and orchestra facilities, bathhouses, boathouses, clubhouses, community centers greater than three thousand square feet in floor area, environmental education centers, equestrian facilities, trails, golf course facilities, greenhouses, lakes, museums, theme parks, water reclamation or riparian areas, wetlands, zoo facilities or similar recreational facilities, but may include swimming pools and equipment or improvements constituting accessory or incidental amenities to a park or recreational facility allowed under this section.

(f) Any facility that was financed and that meets all of the requirements prescribed in subsection T of this section.

"Qualified professional" means a professional engineer, surveyor, financial analyst or planner providing services within the scope of the person's license, education or experience.
"Service area" means any specified area within the boundaries of a county in which development will be served by necessary public services or facility expansions and within which a substantial nexus exists between the necessary public services or facility expansions and the development being served as prescribed in the infrastructure improvements plan.
"Service unit" means a standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated using data specific to the service area in which the facility will be located and pursuant to generally accepted engineering or planning standards for a particular category of necessary public services or facility expansions.

A.R.S. § 12-00552

12-552 - Actions involving development of real property design, engineering and construction of improvements

12-552. Actions involving development of real property design, engineering and construction of improvements

A. Notwithstanding any other statute, an action or arbitration based in contract may not be instituted or maintained against a person who develops or develops and sells real property, or performs or furnishes the design, specifications, surveying, planning, supervision, testing, construction or observation of construction of an improvement to real property more than eight years after substantial completion of the improvement to real property.

B. Notwithstanding any other statute, a municipality or a county may not institute or maintain an action or arbitration against a person who develops or develops and sells real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, construction or observation of construction of an improvement to real property that is dedicated to the municipality or county more than eight years after the improvement to real property has been accepted by the municipality or county for ownership, operation and maintenance if the action or arbitration is based on either:

A municipal or county code, ordinance or other legal requirement.
A permit that is required as a condition of development.

C. The limitations of subsection B of this section do not apply to an action or arbitration that is based on a claim of a wilful, reckless or concealed violation of a municipal or county requirement.

D. Subsection B of this section does not limit any immunity or defense that is available to a municipality or county pursuant to chapter 7, article 2 of this title.

E. Notwithstanding subsection A or B of this section, in the case of injury to real property or an improvement to real property, if the injury occurred during the eighth year after the substantial completion or, in the case of a latent defect, was not discovered until the eighth year after substantial completion, an action to recover damages for injury to the real property may be brought within one year after the date on which the injury to real property or an improvement to real property occurred or a latent defect was discovered, but an action may not be brought more than nine years after the substantial completion of the improvement.

F. The limitations in subsections A, B and E of this section include any action based on implied warranty arising out of the contract or the construction, including implied warranties of habitability, fitness or workmanship.

G. This section does not apply to actions for personal injury or death or shorten the period of warranty provided in an express written warranty.

H. For the purposes of subsections A, E and F of this section, an improvement to real property is considered substantially complete when any of the following first occurs:

It is first used by the owner or occupant of the improvement.
It is first available for use after having been completed according to the contract or agreement covering the improvement, including agreed changes to the contract or agreement.
Final inspection, if required, by the governmental body that issued the building permit for the improvement.

I. In this section an action based in contract is an action based on a written real estate contract, sales agreement, construction agreement, conveyance or written agreement for construction or for the services set forth in subsection A of this section. This section does not extend the period prescribed by the laws of this state for bringing any action. If a shorter period of limitation is prescribed for a specific action, the shorter period governs.

J. With respect to an improvement to real property that was substantially complete on or before September 15, 1989, the eight and nine-year periods established in subsections A and E of this section shall begin to run on September 15, 1989. Notwithstanding the provisions of subsection H of this section and section 12-505, subsection A, this subsection applies to claims that accrued before May 14, 1992.

A.R.S. § 15-00102

15-102 - Parental involvement in the school; definition

15-102. Parental involvement in the school; definition

A. Each school district governing board, in consultation with parents, teachers and administrators, shall develop and adopt a policy to promote the involvement of parents and guardians of children enrolled in the schools within the school district, including:

A plan for parent participation in the schools that is designed to improve parent and teacher cooperation in such areas as homework, attendance and discipline.Â The plan shall provide for the administration of a parent-teacher satisfaction survey.
Procedures by which parents may learn about the course of study for their children and review learning materials, including the source of any supplemental educational materials.
Procedures by which parents have access to the school's library collection of available books and materials and parents may receive a list of books and materials borrowed from the library by their children. The policy must provide that the following are exempt from the procedures prescribed pursuant to this paragraph:

(a) Schools without a full-time library media specialist or an equivalent position.

(b) School district libraries that have agreements with county free library districts, municipal libraries or other entities pursuant to section 15-362, subsection D.

Procedures by which parents who object to any learning material or activity on the basis that the material or activity is harmful may withdraw their children from the activity or from the class or program in which the material is used.Â Objection to a learning material or activity on the basis that the material or activity is harmful includes objection to the material or activity because it questions beliefs or practices in sex, morality or religion.
If a school district offers any sex education curricula pursuant to section 15-711 or 15-716 or pursuant to any rules adopted by the state board of education, procedures to prohibit the school district from providing sex education instruction to a pupil unless the pupil's parent provides written permission for the child to participate in the sex education curricula.
Procedures by which parents will be notified in advance of and given the opportunity to opt their children in to any instruction, learning materials or presentations regarding sexuality, in courses other than formal sex education curricula.
Procedures by which parents may learn about the nature and purpose of clubs and activities that are part of the school curriculum, extracurricular clubs and activities that have been approved by the school.
Procedures by which parents may learn about parental rights and responsibilities under the laws of this state, including the following:

(a) The right to opt in to a sex education curriculum if one is provided by the school district.

(b) Open enrollment rights pursuant to section 15-816.01.

(d) The right to opt out of immunizations pursuant to section 15-873.

(e) The promotion requirements prescribed in section 15-701.

(f) The minimum course of study and competency requirements for graduation from high school prescribed in section 15-701.01.

(g) The right to opt out of instruction on acquired immune deficiency syndrome pursuant to section 15-716.

(h) The right to review test results pursuant to section 15-743.

(i) The right to participate in gifted programs pursuant to section 15-779.01.

(j) The right to access instructional materials pursuant to section 15-730.

(k) The right to receive a school report card pursuant to section 15-746.

(l) The attendance requirements prescribed in sections 15-802, 15-803 and 15-821.

(m) The right to public review of courses of study, textbooks and library books and materials pursuant to sections 15-721 and 15-722.

(n) The right to be excused from school attendance for religious purposes pursuant to section 15-806.

(o) Policies related to parental involvement pursuant to this section.

(p) The right to seek membership on school councils pursuant to section 15-351.

(q) Information about the student accountability information system as prescribed in section 15-1041.

(r) The right to access the failing schools tutoring fund pursuant to section 15-241.

(s) The right to access all written and electronic records of a school district or school district employee concerning the parent's child pursuant to section 15-143.

B. The policy adopted by the governing board pursuant to this section may also include the following components:

A plan by which parents will be made aware of the district's parental involvement policy and this section, including:

(a) Rights under the family educational rights and privacy act of 1974 (20 United States Code section 1232g) relating to access to children's official records.

(b) The parent's right to inspect the school district policies and curriculum.

Efforts to encourage the development of parenting skills.
Communicating to parents techniques that are designed to assist the child's learning experience in the home.
Efforts to encourage access to community and support services for children and families.
Promoting communication between the school and parents concerning school programs and the academic progress of the parents' children.
Identifying opportunities for parents to participate in and support classroom instruction at the school.
Efforts to support, with appropriate training, parents as shared decision-makers and to encourage membership on school councils.
Recognizing the diversity of parents and developing guidelines that promote widespread parental participation and involvement in the school at various levels.
Developing preparation programs and specialized courses for certificated employees and administrators that promote parental involvement.
Developing strategies and programmatic structures at schools to encourage and enable parents to participate actively in their children's education.

C. The governing board shall adopt a policy to provide to parents the information required by this section in either an electronic or a printed form. The governing board shall provide to parents a copy of the policy adopted pursuant to this subsection in an annual notice.

D. A parent shall submit a written request for information pursuant to this section during regular business hours to either the school principal at the school site or the superintendent of the school district at the office of the school district. Within ten days after receiving the request for information, the school principal or the superintendent of the school district shall either deliver the requested information to the parent or submit to the parent a written explanation of the reasons for denying the requested information. If the request for information is denied or the parent does not receive the requested information within fifteen days after submitting the request for information, the parent may request the information in writing from the school district governing board, which shall formally consider the request at the next scheduled public meeting of the governing board if the request can be properly noticed on the agenda. If the request cannot be properly noticed on the agenda, the governing board shall formally consider the request at the next subsequent public meeting of the governing board.

E. For the purposes of this section, "parent" means the natural or adoptive parent or legal guardian of a minor child.

A.R.S. § 15-00117

15-117 - Surveys; pupil information; parental permission and informed consent; exceptions; penalties; definitions

15-117. Surveys; pupil information; parental permission and informed consent; exceptions; penalties; definitions

A. Notwithstanding any other law, each school district and charter school shall obtain written informed consent from the parent of a pupil before administering any survey that solicits personal information about the pupil regarding any of the following:

Critical appraisals of another person with whom a pupil has a close relationship.
Gun or ammunition ownership.
Illegal, antisocial or self-incriminating behavior.
Income or other financial information.
Legally recognized privileged or analogous relationships, such as relationships with a lawyer, physician or member of the clergy.
Medical history or medical information.
Mental health history or mental health information.
Political affiliations, opinions or beliefs.
Pupil biometric information.
The quality of home interpersonal relationships.
Religious practices, affiliations or beliefs.
Self-sufficiency as it pertains to emergency, disaster and essential services interruption planning.
Sexual behavior or attitudes.
Voting history.

B. At least seven days before administering any survey to a pupil, every school district and charter school shall provide a copy of the survey to the pupil's parent along with a written informed consent form and shall obtain written informed consent from the pupil's parent for the pupil to participate in the survey pursuant to subsection A of this section. The pupil's parent may at any time revoke consent for the pupil to participate in any survey pursuant to subsection A of this section. For any pupil who is at least eighteen years of age, the permission or consent that would otherwise be required from the pupil's parent pursuant to this section is required only from the pupil.Â All surveys conducted pursuant to subsection A of this section shall be approved and authorized by the school district or charter school. The school district or charter school is subject to the penalties prescribed in subsection L of this section.Â A teacher or other school employee may not administer any survey pursuant to subsection A of this section without written authorization from the school district or charter school.

C. This section applies to all surveys conducted pursuant to subsection A of this section:

Regardless of the stated purpose of the survey.
Regardless of the quantity or percentage of questions that solicit data pursuant to subsection A of this section.
Including written or digital surveys.

D. This section does not apply to:

Mental health screening pursuant to section 15-104 or the identification of or programming for children with disabilities or gifted pupils pursuant to chapter 7, articles 4 and 4.1 of this title.
Class instruction, discussion or assignments on subjects within the purview of the course.
Private schools.
Any exam administered by a nationally recognized college entrance or career readiness exam provider that a student takes on public school property, regardless of whether the exam is taken during the school day.
Any survey conducted or implemented by the Arizona criminal justice commission if, at least seven days before the survey is administered to a pupil, the school district or charter school provides the pupil's parent with a paper or electronic copy of the survey or electronic access to the survey.
Any method of surveying a student that is conducted because a person has a reasonable belief that a minor is or has been a victim of abuse pursuant to section 13-3620.

E. A penalty may not be imposed on a pupil or the parent of a pupil who does not participate in any survey conducted pursuant to subsection A of this section.Â Participation in any survey pursuant to subsection A of this section is not required:

To demonstrate that a pupil has met competency requirements for any grade level, course or subject.
For a pupil to qualify for placement into any grade level, course or subject.
For a pupil to be promoted to the next grade.
For a pupil to receive credit for any course or as part of a letter grade for any course.
For a pupil to graduate from high school.
For a pupil to obtain a high school equivalency diploma.

F. A school district or charter school shall provide an alternative educational activity for any pupil whose parent does not consent for that pupil to participate in a survey conducted pursuant to subsection A of this section.

G. Any pupil whose parent does not give written informed consent for that pupil to participate in any survey pursuant to subsection A of this section and who attends the alternative educational activity pursuant to this section shall be counted toward daily attendance and average daily membership for the school pursuant to section 15-901 and may not be counted absent from school.

H. Responses to any survey pursuant to subsection A of this section may not be included:

As part of a school academic performance indicator pursuant to section 15-241, or as part of any other similar school rating system.
In the education learning and accountability system pursuant to section 15-249, or in any other similar system.
In the student accountability information system pursuant to section 15-756.10 or 15-1041, or in any other similar system.

I. A penalty may not be imposed on and a reward may not be granted to a teacher, administrator, other school employee, school district, school or charter school based on the pupil participation rate in any survey conducted pursuant to subsection A of this section.

J. On request, a charter school or school district shall provide any available information in a timely manner to the parent of a pupil regarding a survey administered pursuant to subsection A of this section, including:

The name of the survey.
The date or dates on which the survey will be administered.
The method or methods of administering the survey.
The amount of time required to administer the survey.
The type of information collected by the survey.
The reasons for administering the survey.

K. A parent of a pupil that has a reasonable belief that a school district or charter school has violated this section may file a complaint with the attorney general or the county attorney for the county in which an alleged violation of this section occurred. The attorney general or the county attorney for the county in which an alleged violation of this section occurred may initiate a suit in the superior court in the county in which the school district or charter school is located for the purpose of complying with this section. After receiving written notice of an alleged failure to comply with this section, a school district or charter school that determines that a violation has occurred is not subject to a penalty or cause of action under this section if the school district or charter school cures the violation.Â For the purposes of this subsection, "cure" means to destroy any information gathered in violation of this section and to provide written instruction to the individual circulating the survey, to be kept on file for one year after receipt of the written notice of the alleged failure to comply.

L. For each violation of this section, the court may impose a civil penalty not to exceed $500.Â The school district or charter school determined to be out of compliance with this section shall pay all penalties.

M. An attorney acting on behalf of a public school may request a legal opinion of the county attorney or attorney general as to whether the public school would violate this section.

N. All penalties collected by the court for a suit initiated in superior court by the attorney general shall be paid to the office of the attorney general for the use and reimbursement of costs of prosecution pursuant to this section.Â All penalties collected by the court for a suit initiated in superior court by a county attorney shall be paid to the county treasurer of the county in which the court is held for the use and reimbursement of costs of prosecution pursuant to this section.

O. For the purposes of this section:

"Parent" has the same meaning prescribed in section 15-101, except that parent does not mean this state if the pupil is a ward of the state.
"Survey" means:

(a) When used as a noun, an instrument that investigates the attitudes, behaviors, beliefs, experiences, opinions or thoughts of a pupil or group of pupils.

(b) When used as a verb, to use an instrument to investigate the attitudes, behaviors, beliefs, experiences, opinions or thoughts of a pupil or group of pupils.

A.R.S. § 15-00154

15-154 - School safety program; purpose; program proposals; requirements; annual report; public records exemption; definitions

15-154. School safety program; purpose; program proposals; requirements; annual report; public records exemption; 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 safety officers, school counselors and school social workers on school campuses. The school safety program may also support the costs of purchasing safety technology, safety training and infrastructure improvements for school campuses as provided in subsection D of this section.Â 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, juvenile probation officers or school safety officers, or any combination of these officers, on a school campus shall contain:

A detailed description of the school safety needs of the charter school or school district.
A plan to provide the current school building blueprints, floor plans and school safety assessments for each school site to the local law enforcement agency, emergency medical services provider and fire department that provides services to the school site.
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.
A plan to use trained school resource officers, juvenile probation officers or school safety officers, or any combination of these officers, in the school.
A plan to train school resource officers, juvenile probation officers or school safety officers, or any combination of these officers, on the family educational rights and privacy act, civil rights and adolescent mental health issues.
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:

A detailed description of the school safety needs of the charter school or school district.
A plan to provide the current school building blueprints, floor plans and school safety assessments for each school site to the local law enforcement agency, emergency medical services provider and fire department that provides services to the school site.
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 school 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.

(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.

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. If a school district or charter school whose program proposal pursuant to subsection B or C of this section was approved by the state board of education cannot place one or more of the school resource officers, juvenile probation officers, school safety officers, school counselors or school social workers, or any combination of these individuals, as included in the approved program proposal, the school district or charter school may submit an alternative program proposal for supporting the costs of purchasing safety technology, safety training and infrastructure improvements for its school campus or campuses. An alternative program proposal submitted pursuant to this subsection shall contain:

A detailed description of the safety needs of the school district or charter school.
A detailed description of the proposed expenditures and capital improvements, including:

(a) The safety needs that each proposed expenditure will address.

(b) The specific technology or training program that the school district or charter school seeks to acquire.

(c) For infrastructure improvements, all costs associated with the improvements, including architectural and engineering fees, safety evaluations and equipment for securing entrances and exits.

Any other information requested by the department of education.

E. The department of education shall review and administer the school resource officers, juvenile probation officers and school safety 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, juvenile probation officers and school safety officers to use in implementing a law-related education program.

F. 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.

G. The department of education shall review and administer the safety technology, safety training and infrastructure improvements program proposals. The department shall use relevant crime statistics to assess the needs of each program proposal and may visit school districts and charter schools that submit program proposals in order to verify the information contained in the program proposals. The department may approve all or part of a safety technology, safety training or infrastructure improvement program proposal.

H. 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 prescribed in this section and in section 15-154.02 and whose program proposals have been approved by the state board of education.

I. 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.Â The department of education may prioritize program proposals for school resource officer, juvenile probation officer and school safety officer grants to school districts and charter schools that have agreements to share the cost of the school resource officer, juvenile probation officer or school safety officer with a law enforcement agency or the courts.

J. The department of education shall evaluate the effectiveness of all the approved program proposals submitted pursuant to subsections B, C and D 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.

K. 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 or school safety officer grant from the school safety program and the law enforcement agency that provides services to the school district or charter school.

L. 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 lapsing of appropriations.Â 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.

M. Monies received by a school district or charter school under the school safety program shall be spent to implement the approved program proposals.

N. The auditor general shall include the school safety program as part of its ongoing sunset review of agencies and programs.

O. Notwithstanding any other law, school building blueprints and floor plans are not public records and are exempt from title 39, chapter 1.

P. For the purposes of this section:

"Law-related education" means interactive education to equip children and youth with knowledge and skills pertaining to the law, school safety and effective citizenship.
"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.
"School counselor" means a professional educator who holds a valid school counselor certificate issued by the department of education.
"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.
"School resource officer" means any of the following:

(a) A peace officer.

(b) A full-authority reserve peace officer who is certified by the Arizona peace officer standards and training board.

(c) An individual who was previously employed as a peace officer in this state, who retired in good standing and who is assigned to participate in the school safety program by a law enforcement agency pursuant to section 15-155.

"School safety officer" means a school resource officer who is working in an off-duty capacity.
"School social worker" means a professional educator who holds a valid school social worker certificate issued by the department of education.

A.R.S. § 15-00252

15-252 - Powers and duties; publications; payment of claims for printing

15-252. Powers and duties; publications; payment of claims for printing

A. The superintendent of public instruction shall:

Print as needed in pamphlet form the laws relating to schools, including model forms of which the superintendent is unable to supply blanks, and supply copies of the pamphlets to school officers and teachers, school libraries and the Arizona state library, archives and public records.
Prepare, print and distribute pamphlets on subjects the state board of education directs, including school sanitation, school architecture and an enumeration of the school holidays established by law.
Prepare, print and distribute through the county school superintendents blank forms and school registers, with instructions and rules as to their use, to teachers and officers charged with administration of laws pertaining to schools.
Print and distribute the courses of study prescribed by the state board of education.
Prepare and print blank forms for teachers' certificates.

B. The superintendent of public instruction may prepare and publish on the web site maintained by the department of education a list of the top elementary schools in this state, the top junior high or middle schools in this state, the top high schools in this state and the top charter schools in this state based on the school's academic gains according to measures selected by the department of education. The number of top schools determined by the department of education in the 2007-2008 school year shall be limited to the top fifty schools in each category prescribed in this subsection.Â After the 2007-2008 school year, the department of education may include more than fifty schools in any category prescribed in this subsection if more than fifty schools in that category meet the selection criteria established for the top fifty schools in that category in the 2007-2008 school year.Â Academic gains shall be expressed in terms of percentile ranking in percentile points and shall be appropriately weighted for scientific validity.Â The superintendent of public instruction may make technical adjustments to the information prescribed in this subsection that are necessary for purposes of comparability of data, and the superintendent shall post an explanation of these technical adjustments on the department's web site.Â The superintendent may measure and post the following information with respect to the top fifty schools in each category prescribed in this subsection:

If the school provides instruction in kindergarten programs and grades one and two, a separate measurement of the school's academic gains in kindergarten programs and in grades one and two.
The percentage of parents of pupils who are enrolled at the school who categorize the school as excellent on a survey of parental satisfaction with the school.
The percentage of pupils who are enrolled at the school and who categorize the school as excellent on a survey of pupil satisfaction with the school.
The percentage of teachers who are employed at the school and who categorize the school as excellent on a survey of teacher satisfaction with the school.

C. Claims for the printing of laws and reports of the superintendent shall be approved by the superintendent and paid as other claims against the state are paid from appropriations for the state board of education.

A.R.S. § 15-00341

15-341 - General powers and duties; immunity; delegation

15-341. General powers and duties; immunity; delegation

A. Each school district governing board shall:

Prescribe and enforce policies and procedures to govern the schools that are not inconsistent with the laws or rules prescribed by the state board of education.
Exclude from schools all books, publications, papers or audiovisual materials of a sectarian, partisan or denominational character.Â This paragraph does not prohibit the elective course allowed by section 15-717.01.
Manage and control the school property within its district, except that a district may enter into a partnership with an entity, including a charter school, another school district or a military base, to operate a school or offer educational services in a district building, including at a vacant or partially used building, or in any building on the entity's property pursuant to a written agreement between the parties.
Acquire school furniture, apparatus, equipment, library books and supplies for the schools to use.
Prescribe the curricula and criteria for the promotion and graduation of pupils as provided in sections 15-701 and 15-701.01.
Furnish, repair and insure, at full insurable value, the school property of the district.
Construct school buildings on approval by a vote of the district electors.
In the name of the district, convey property belonging to the district and sold by the board.
Purchase school sites when authorized by a vote of the district at an election conducted as nearly as practicable in the same manner as the election provided in section 15-481 and held on a date prescribed in section 15-491, subsection E, but such authorization shall not necessarily specify the site to be purchased and such authorization shall not be necessary to exchange unimproved property as provided in section 15-342, paragraph 23.
Construct, improve and furnish buildings used for school purposes when such buildings or premises are leased from the national park service.
Purchase school sites or construct, improve and furnish school buildings from the proceeds of the sale of school property only on approval by a vote of the district electors.
Hold pupils to strict account for disorderly conduct on school property.
Discipline students for disorderly conduct on the way to and from school.
Except as provided in section 15-1224, deposit all monies received by the district as gifts, grants and devises with the county treasurer who shall credit the deposits as designated in the uniform system of financial records.Â If not inconsistent with the terms of the gifts, grants and devises given, any balance remaining after expenditures for the intended purpose of the monies have been made shall be used to reduce school district taxes for the budget year, except that in the case of accommodation schools the county treasurer shall carry the balance forward for use by the county school superintendent for accommodation schools for the budget year.
Provide that, if a parent or legal guardian chooses not to accept a decision of the teacher as provided in paragraph 42 of this subsection, the parent or legal guardian may request in writing that the governing board review the teacher's decision. This paragraph does not release school districts from any liability relating to a child's promotion or retention.
Provide for adequate supervision over pupils in instructional and noninstructional activities by certificated or noncertificated personnel.
Use school monies received from the state and county school apportionment exclusively to pay salaries of teachers and other employees and contingent expenses of the district.
Annually report to the county school superintendent on or before October 1 in the manner and form and on the blanks prescribed by the superintendent of public instruction or county school superintendent.Â The board shall also report directly to the county school superintendent or the superintendent of public instruction whenever required.
Deposit all monies received by school districts other than student activities monies or monies from auxiliary operations as provided in sections 15-1125 and 15-1126 with the county treasurer to the credit of the school district except as provided in paragraph 20 of this subsection and sections 15-1223 and 15-1224, and the board shall spend the monies as provided by law for other school funds.
Establish bank accounts in which the board during a month may deposit miscellaneous monies received directly by the district.Â The board shall remit monies deposited in the bank accounts at least monthly to the county treasurer for deposit as provided in paragraph 19 of this subsection and in accordance with the uniform system of financial records.
Prescribe and enforce policies and procedures for disciplinary action against a teacher who engages in conduct that is a violation of the policies of the governing board but that is not cause for dismissal of the teacher or for revocation of the certificate of the teacher. Disciplinary action may include suspension without pay for a period of time not to exceed ten school days.Â Disciplinary action shall not include suspension with pay or suspension without pay for a period of time longer than ten school days. The procedures shall include notice, hearing and appeal provisions for violations that are cause for disciplinary action.Â The governing board may designate a person or persons to act on behalf of the board on these matters.
Prescribe and enforce policies and procedures for disciplinary action against an administrator who engages in conduct that is a violation of the policies of the governing board regarding duties of administrators but that is not cause for dismissal of the administrator or for revocation of the certificate of the administrator.Â Disciplinary action may include suspension without pay for a period of time not to exceed ten school days.Â Disciplinary action shall not include suspension with pay or suspension without pay for a period of time longer than ten school days. The procedures shall include notice, hearing and appeal provisions for violations that are cause for disciplinary action.Â The governing board may designate a person or persons to act on behalf of the board on these matters. For violations that are cause for dismissal, the provisions of notice, hearing and appeal in chapter 5, article 3 of this title apply.Â The filing of a timely request for a hearing suspends the imposition of a suspension without pay or a dismissal pending completion of the hearing.
Notwithstanding sections 13-3108 and 13-3120, prescribe and enforce policies and procedures that prohibit a person from carrying or possessing a weapon on school grounds unless the person is a peace officer or has obtained specific authorization from the school administrator.
Prescribe and enforce policies and procedures relating to the health and safety of all pupils participating in district-sponsored practice sessions or games or other interscholastic athletic activities, including:

(a) The provision of water.

(b) Guidelines, information and forms, developed in consultation with a statewide private entity that supervises interscholastic activities, to inform and educate coaches, pupils and parents of the dangers of concussions and head injuries and the risks of continued participation in athletic activity after a concussion. The policies and procedures shall require that, before a pupil participates in an athletic activity, the pupil and the pupil's parent sign an information form at least once each school year that states that the parent is aware of the nature and risk of concussion.Â The policies and procedures shall require that a pupil who is suspected of sustaining a concussion in a practice session, game or other interscholastic athletic activity be immediately removed from the athletic activity and that the pupil's parent or guardian be notified.Â A coach from the pupil's team or an official or a licensed health care provider may remove a pupil from play.Â A team parent may also remove the parent's own child from play.Â A pupil may return to play on the same day if a health care provider rules out a suspected concussion at the time the pupil is removed from play. On a subsequent day, the pupil may return to play if the pupil has been evaluated by and received written clearance to resume participation in athletic activity from a health care provider who has been trained in evaluating and managing concussions and head injuries. A health care provider who is a volunteer and who provides clearance to participate in athletic activity on the day of the suspected injury or on a subsequent day is immune from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of the requirements of this subdivision, except in cases of gross negligence or wanton or wilful neglect. A school district, school district employee, team coach, official or team volunteer or a parent or guardian of a team member is not subject to civil liability for any act, omission or policy undertaken in good faith to comply with the requirements of this subdivision or for a decision made or an action taken by a health care provider. A group or organization that uses property or facilities owned or operated by a school district for athletic activities shall comply with the requirements of this subdivision.Â A school district and its employees and volunteers are not subject to civil liability for any other person or organization's failure or alleged failure to comply with the requirements of this subdivision. This subdivision does not apply to teams that are based in another state and that participate in an athletic activity in this state.Â For the purposes of this subdivision, athletic activity does not include dance, rhythmic gymnastics, competitions or exhibitions of academic skills or knowledge or other similar forms of physical noncontact activities, civic activities or academic activities, whether engaged in for the purposes of competition or recreation. For the purposes of this subdivision, "health care provider" means a physician who is licensed pursuant to title 32, chapter 13, 14 or 17, an athletic trainer who is licensed pursuant to title 32, chapter 41, a nurse practitioner who is licensed pursuant to title 32, chapter 15, and a physician assistant who is licensed pursuant to title 32, chapter 25.

(c) Guidelines, information and forms that are developed in consultation with a statewide private entity that supervises interscholastic activities to inform and educate coaches, pupils and parents of the dangers of heat-related illnesses, sudden cardiac death and prescription opioid use. Before a pupil participates in any district-sponsored practice session or game or other interscholastic athletic activity, the pupil and the pupil's parent must be provided with information at least once each school year on the risks of heat-related illnesses, sudden cardiac death and prescription opioid addiction.

Establish an assessment, data gathering and reporting system as prescribed in chapter 7, article 3 of this title.
Provide special education programs and related services pursuant to section 15-764, subsection A to all children with disabilities as defined in section 15-761.
Administer competency tests prescribed by the state board of education for the graduation of pupils from high school.
Ensure that insurance coverage is secured for all construction projects for purposes of general liability, property damage and workers' compensation and secure performance and payment bonds for all construction projects.
Collect and maintain information about each current and former teacher's educational and teaching background and experience in a particular academic content subject area. A school district shall either post the information on the school district's website or make the information available for inspection on request of parents and guardians of pupils enrolled at a school. This paragraph does not require any school to release personally identifiable information in relation to any teacher, including the teacher's address, salary, social security number or telephone number.
Report to local law enforcement agencies any suspected crime against a person or property that is a serious offense as defined in section 13-706 or that involves a deadly weapon or dangerous instrument or serious physical injury and any conduct that poses a threat of death or serious physical injury to employees, students or anyone on the property of the school.Â This paragraph does not limit or preclude the reporting by a school district or an employee of a school district of suspected crimes other than those required to be reported by this paragraph. For the purposes of this paragraph, "dangerous instrument", "deadly weapon" and "serious physical injury" have the same meanings prescribed in section 13-105.
In conjunction with local law enforcement agencies and emergency response agencies, develop an emergency response plan for each school in the school district in accordance with minimum standards developed jointly by the department of education and the division of emergency management within the department of emergency and military affairs.Â Any emergency response plan developed pursuant to this paragraph must address how the school and emergency responders will communicate with and provide assistance to students with disabilities.
Provide written notice to the parents or guardians of all students enrolled in the school district at least ten days before a public meeting to discuss closing a school within the school district. The notice shall include the reasons for the proposed closure and the time and place of the meeting. The governing board shall fix a time for a public meeting on the proposed closure not less than ten days before voting in a public meeting to close the school.Â The school district governing board shall give notice of the time and place of the meeting. At the time and place designated in the notice, the school district governing board shall hear reasons for or against closing the school. The school district governing board is exempt from this paragraph if the governing board determines that the school shall be closed because it poses a danger to the health or safety of the pupils or employees of the school. A governing board may consult with the division of school facilities within the department of administration for technical assistance and for information on the impact of closing a school. The information provided from the division of school facilities within the department of administration shall not require the governing board to take or not take any action.
Incorporate instruction on Native American history into appropriate existing curricula.
Prescribe and enforce policies and procedures:

(a) Allowing pupils who have been diagnosed with anaphylaxis by a health care provider licensed pursuant to title 32, chapter 13, 14, 17 or 25 or by a registered nurse practitioner licensed and certified pursuant to title 32, chapter 15 to carry and self-administer emergency medications, including epinephrine delivery systems, while at school and at school-sponsored activities. The pupil's name on the prescription label on the medication container or on the medication device and annual written documentation from the pupil's parent or guardian to the school that authorizes possession and self-administration is sufficient proof that the pupil is entitled to possess and self-administer the medication. The policies shall require a pupil who uses an epinephrine delivery system while at school and at school-sponsored activities to notify the nurse or the designated school staff person of the use of the medication as soon as practicable.Â A school district and its employees are immune from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of the requirements of this subdivision, except in cases of wanton or wilful neglect.

(b) For the emergency administration of epinephrine delivery systems by a trained employee of a school district pursuant to section 15-157.

Allow the possession and self-administration of prescription medication for breathing disorders in handheld inhaler devices by pupils who have been prescribed that medication by a health care professional licensed pursuant to title 32. The pupil's name on the prescription label on the medication container or on the handheld inhaler device and annual written documentation from the pupil's parent or guardian to the school that authorizes possession and self-administration is sufficient proof that the pupil is entitled to possess and self-administer the medication. A school district and its employees are immune from civil liability with respect to all decisions made and actions taken that are based on a good faith implementation of the requirements of this paragraph.
Prescribe and enforce policies and procedures to prohibit pupils from harassing, intimidating and bullying other pupils on school grounds, on school property, on school buses, at school bus stops, at school-sponsored events and activities and through the use of electronic technology or electronic communication on school computers, networks, forums and mailing lists that include the following components:

(a) A procedure for pupils, parents and school district employees to confidentially report to school officials incidents of harassment, intimidation or bullying. The school shall make available written forms designed to provide a full and detailed description of the incident and any other relevant information about the incident.

(b) A requirement that school district employees report in writing suspected incidents of harassment, intimidation or bullying to the appropriate school official and a description of appropriate disciplinary procedures for employees who fail to report suspected incidents that are known to the employee.

(c) A requirement that, at the beginning of each school year, school officials provide all pupils with a written copy of the rights, protections and support services available to a pupil who is an alleged victim of an incident reported pursuant to this paragraph.

(d) If an incident is reported pursuant to this paragraph, a requirement that school officials provide a pupil who is an alleged victim of the incident with a written copy of the rights, protections and support services available to that pupil.

(e) A formal process for documenting reported incidents of harassment, intimidation or bullying and providing for the confidentiality, maintenance and disposition of this documentation.Â School districts shall maintain documentation of all incidents reported pursuant to this paragraph for at least six years. The school shall not use that documentation to impose disciplinary action unless the appropriate school official has investigated and determined that the reported incidents of harassment, intimidation or bullying occurred. If a school provides documentation of reported incidents to persons other than school officials or law enforcement, all individually identifiable information shall be redacted.

(f) A formal process for the appropriate school officials to investigate suspected incidents of harassment, intimidation or bullying, including procedures for notifying the alleged victim and the alleged victim's parent or guardian when a school official or employee becomes aware of the suspected incident of harassment, intimidation or bullying.

(g) Disciplinary procedures for pupils who have admitted or been found to have committed incidents of harassment, intimidation or bullying.

(h) A procedure that sets forth consequences for submitting false reports of incidents of harassment, intimidation or bullying.

(i) Procedures designed to protect the health and safety of pupils who are physically harmed as the result of incidents of harassment, intimidation and bullying, including, if appropriate, procedures to contact emergency medical services or law enforcement agencies, or both.

(j) Definitions of harassment, intimidation and bullying.

Prescribe and enforce policies and procedures regarding changing or adopting attendance boundaries that include the following components:

(a) A procedure for holding public meetings to discuss attendance boundary changes or adoptions that allows public comments.

(b) A procedure to notify the parents or guardians of the students affected, including assurance that, if that school remains open as part of the boundary change and capacity is available, students assigned to a new attendance area may stay enrolled in their current school.

(d) A process for placing public meeting notices and proposed maps on the school district's website for public review, if the school district maintains a website.

(e) A formal process for presenting the attendance boundaries of the affected area in public meetings that allows public comments.

(f) A formal process for notifying the residents and parents or guardians of the affected area as to the decision of the governing board on the school district's website, if the school district maintains a website.

(g) A formal process for updating attendance boundaries on the school district's website within ninety days after an adopted boundary change. The school district shall send a direct link to the school district's attendance boundaries website to the department of real estate.

If the state board of education determines that the school district has committed an overexpenditure as defined in section 15-107, provide a copy of the fiscal management report submitted pursuant to section 15-107, subsection H on its website and make copies available to the public on request. The school district shall comply with a request within five business days after receipt.
Ensure that the contract for the superintendent is structured in a manner in which up to twenty percent of the total annual salary included for the superintendent in the contract is classified as performance pay. This paragraph does not require school districts to increase total compensation for superintendents. Unless the school district governing board votes to implement an alternative procedure at a public meeting called for this purpose, the performance pay portion of the superintendent's total annual compensation shall be determined as follows:

(a) Twenty-five percent of the performance pay shall be determined based on the percentage of academic gain determined by the department of education of pupils who are enrolled in the school district compared to the academic gain achieved by the highest ranking of the fifty largest school districts in this state. For the purposes of this subdivision, the department of education shall determine academic gain by the academic growth achieved by each pupil who has been enrolled at the same school in a school district for at least five consecutive months measured against that pupil's academic results in the 2008-2009 school year. For the purposes of this subdivision, of the fifty largest school districts in this state, the school district with pupils who demonstrate the highest statewide percentage of overall academic gain measured against academic results for the 2008-2009 school year shall be assigned a score of 100 and the school district with pupils who demonstrate the lowest statewide percentage of overall academic gain measured against academic results for the 2008-2009 school year shall be assigned a score of 0.

(b) Twenty-five percent of the performance pay shall be determined by the percentage of parents of pupils who are enrolled at the school district who assign a letter grade of "A" to the school on a survey of parental satisfaction with the school district. The parental satisfaction survey shall be administered and scored by an independent entity that is selected by the governing board and that demonstrates sufficient expertise and experience to accurately measure the results of the survey. The parental satisfaction survey shall use standard random sampling procedures and provide anonymity and confidentiality to each parent who participates in the survey. The letter grade scale used on the parental satisfaction survey shall direct parents to assign one of the following letter grades:

(i) A letter grade of "A" if the school district is excellent.

(ii) A letter grade of "B" if the school district is above average.

(iii) A letter grade of "C" if the school district is average.

(iv) A letter grade of "D" if the school district is below average.

(v) A letter grade of "F" if the school district is a failure.

(c) Twenty-five percent of the performance pay shall be determined by the percentage of teachers who are employed at the school district and who assign a letter grade of "A" to the school on a survey of teacher satisfaction with the school. The teacher satisfaction survey shall be administered and scored by an independent entity that is selected by the governing board and that demonstrates sufficient expertise and experience to accurately measure the results of the survey. The teacher satisfaction survey shall use standard random sampling procedures and provide anonymity and confidentiality to each teacher who participates in the survey.Â The letter grade scale used on the teacher satisfaction survey shall direct teachers to assign one of the following letter grades:

(i) A letter grade of "A" if the school district is excellent.

(ii) A letter grade of "B" if the school district is above average.

(iii) A letter grade of "C" if the school district is average.

(iv) A letter grade of "D" if the school district is below average.

(v) A letter grade of "F" if the school district is a failure.

(d) Twenty-five percent of the performance pay shall be determined by other criteria selected by the governing board.

Maintain and store permanent public records of the school district as required by law. Notwithstanding section 39-101, the standards adopted by the Arizona state library, archives and public records for the maintenance and storage of school district public records shall allow school districts to elect to satisfy the requirements of this paragraph by maintaining and storing these records either on paper or in an electronic format, or a combination of a paper and electronic format.
Adopt in a public meeting and implement policies for principal evaluations. Before adopting principal evaluation policies, the school district governing board shall provide opportunities for public discussion on the proposed policies. The governing board shall adopt policies that:

(a) Are designed to improve principal performance and improve student achievement.

(b) Include the use of quantitative data on the academic progress for all students, which shall account for between twenty percent and thirty-three percent of the evaluation outcomes.

(d) Describe both of the following:

(i) The methods used to evaluate the performance of principals, including the data used to measure student performance and job effectiveness.

(ii) The formula used to determine evaluation outcomes.

Prescribe and enforce policies and procedures that define the duties of principals and teachers. These policies and procedures shall authorize teachers to take and maintain daily classroom attendance, make the decision to promote or retain a pupil in a grade in common school or to pass or fail a pupil in a course in high school, subject to review by the governing board in the manner provided in section 15-342, paragraph 11.
Prescribe and enforce policies and procedures for the emergency administration by an employee of a school district pursuant to section 36-2267 of naloxone hydrochloride or any other opioid antagonist approved by the United States food and drug administration.
In addition to the notification requirements prescribed in paragraph 36 of this subsection, prescribe and enforce reasonable and appropriate policies to notify a pupil's parent or guardian if any person engages in harassing, threatening or intimidating conduct against that pupil. A school district and its officials and employees are immune from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of the requirements of this paragraph, except in cases of gross negligence or wanton or wilful neglect.Â A person engages in threatening or intimidating if the person threatens or intimidates by word or conduct to cause physical injury to another person or serious damage to the property of another on school grounds.Â A person engages in harassment if, with intent to harass or with knowledge that the person is harassing another person, the person anonymously or otherwise contacts, communicates or causes a communication with another person by verbal, electronic, mechanical, telephonic or written means in a manner that harasses on school grounds or substantially disrupts the school environment.
Each fiscal year, provide to each school district employee a total compensation statement that is broken down by category of benefit or payment and that includes, for that employee, at least all of the following:

(a) Base salary and any additional pay.

(b) Medical benefits and the value of any employer-paid portions of insurance plan premiums.

(d) Legally required benefits.

(e) Any paid leave.

(f) Any other payment made to or on behalf of the employee.

(g) Any other benefit provided to the employee.

Develop and adopt in a public meeting policies to allow for visits, tours and observations of all classrooms by parents of enrolled pupils and parents who wish to enroll their children in the school district unless a visit, tour or observation threatens the health and safety of pupils and staff.Â These policies and procedures must be easily accessible from the home page on each school's website.

B. Notwithstanding subsection A, paragraphs 7, 9 and 11 of this section, the county school superintendent may construct, improve and furnish school buildings or purchase or sell school sites in the conduct of an accommodation school.

C. If any school district acquires real or personal property, whether by purchase, exchange, condemnation, gift or otherwise, the governing board shall pay to the county treasurer any taxes on the property that were unpaid as of the date of acquisition, including penalties and interest.Â The lien for unpaid delinquent taxes, penalties and interest on property acquired by a school district:

Is not abated, extinguished, discharged or merged in the title to the property.
Is enforceable in the same manner as other delinquent tax liens.

D. The governing board may not locate a school on property that is less than one-fourth mile from agricultural land regulated pursuant to section 3-365, except that the owner of the agricultural land may agree to comply with the buffer zone requirements of section 3-365. If the owner agrees in writing to comply with the buffer zone requirements and records the agreement in the office of the county recorder as a restrictive covenant running with the title to the land, the school district may locate a school within the affected buffer zone. The agreement may include any stipulations regarding the school, including conditions for future expansion of the school and changes in the operational status of the school that will result in a breach of the agreement.

E. A school district, its governing board members, its school council members and its employees are immune from civil liability for the consequences of adopting and implementing policies and procedures pursuant to subsection A of this section and section 15-342. This waiver does not apply if the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct.

F. A governing board may delegate in writing to a superintendent, principal or head teacher the authority to prescribe procedures that are consistent with the governing board's policies.

G. Notwithstanding any other provision of this title, a school district governing board shall not take any action that would result in a reduction of pupil square footage unless the governing board notifies the school facilities oversight board established by section 41-5701.02 of the proposed action and receives written approval from the school facilities oversight board to take the action. A reduction includes an increase in administrative space that results in a reduction of pupil square footage or sale of school sites or buildings, or both. A reduction includes a reconfiguration of grades that results in a reduction of pupil square footage of any grade level. This subsection does not apply to temporary reconfiguration of grades to accommodate new school construction if the temporary reconfiguration does not exceed one year. The sale of equipment that results in a reduction that falls below the equipment requirements prescribed in section 41-5711, subsection B is subject to commensurate withholding of school district district additional assistance monies pursuant to the direction of the school facilities oversight board. Except as provided in section 15-342, paragraph 10, proceeds from the sale of school sites, buildings or other equipment shall be deposited in the school plant fund as provided in section 15-1102.

H. Subsections C through G of this section apply to a county board of supervisors and a county school superintendent when operating and administering an accommodation school.

I. A school district governing board may delegate authority in writing to the superintendent of the school district to submit plans for new school facilities to the school facilities oversight board for the purpose of certifying that the plans meet the minimum school facility adequacy guidelines prescribed in section 41-5711.

J. For the purposes of subsection A, paragraph 37 of this section, attendance boundaries may not be used to require students to attend certain schools based on the student's place of residence.

A.R.S. § 17-00298

17-298 - Expenditures from fund; purpose and amounts; annual report

17-298. Expenditures from fund; purpose and amounts; annual report

A. Monies received pursuant to section 5-572 shall be spent as follows:

Five percent on public access, including maintenance and operation expenses.
Sixty percent on the identification, inventory, acquisition, protection and management, including maintenance and operations, of property with sensitive habitat. At least twenty percent of the monies available under this paragraph shall be spent to acquire property with sensitive habitat used by endangered, threatened and candidate species. Not more than twenty percent of the monies available under this paragraph may be spent on the operation and maintenance of the acquired property, including the acquired property's infrastructure. The commission may dispose of any lands acquired for use as habitat by an endangered, threatened or candidate species under this paragraph when the species no longer qualifies as an endangered, threatened or candidate species. The Arizona game and fish commission shall dispose of the land in a manner consistent with the preservation of the species of concern. The disposal may include conservation easements and fee simple transfers with associated instruments of protection. The commission shall follow the guidelines established pursuant to section 37-803 relating to the disposition of real property by a state agency. In addition, disposal shall include a written agreement between the commission and the purchaser requiring the purchaser to incorporate management actions to ensure proper maintenance of the species of concern. Management actions may include maintenance of habitat, selective control of nonnative species, maintenance of genetic viability, monitoring of populations and habitat, coordinating conservation activities, funding conservation actions and assessing conservation progress.
Fifteen percent on habitat evaluation or habitat protection.
Fifteen percent on urban wildlife and urban wildlife habitat programs.
Five percent on environmental education.

B. All monies earned as interest on monies received pursuant to section 5-572 shall be spent only in the percentages and for the purposes described in subsection A of this section or for costs of administering the Arizona game and fish commission heritage fund in such amounts as determined by the Arizona game and fish commission.

C. On or before December 31, the commission shall submit its annual report to the president of the senate, the speaker of the house of representatives and the chairmen of the senate and house of representatives committees on natural resources and agriculture, or their successor committees, and shall provide a copy of this report to the secretary of state. The annual report shall include information on:

The amount of monies spent or encumbered in the fund during the preceding fiscal year and a summary of the projects, activities and expenditures relating to:

(a) Property acquisition, operation and maintenance.

(b) Identification, inventory, protection and management of sensitive habitat.

(d) Urban wildlife.

(e) Environmental education.

(f) Public access.

The number and location of parcels of property acquired during the preceding fiscal year.
For personal and real properties acquired with fund monies during the preceding fiscal year, the amount of property tax revenue paid to each taxing jurisdiction during the last full tax year prior to acquisition.
The amount of money spent from the fund during the preceding fiscal year for employee personal services.
The number of full-time employees employed in the preceding fiscal year in connection with property acquisition, including survey, appraisal and other related activities.
The total number of full-time employees employed in the preceding fiscal year for the programs listed in subsection A of this section.
A list of the grants awarded during the preceding fiscal year, including information on the recipients, purposes and amounts.

A.R.S. § 20-00451

20-451 - Rebates on other than life or disability insurance; definitions

20-451. Rebates on other than life or disability insurance; definitions

A. Except as allowed in subsection B of this section, an insurer or employee, insurance producer or representative may not knowingly charge, demand or receive a premium for any policy of insurance, other than life or disability insurance, except in accordance with any applicable filing on file with the director. An insurer, employee, insurance producer or representative may not offer, pay, allow or give, directly or indirectly, as an inducement to insurance, or after insurance has been effected, any rebate, discount, abatement, credit or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified in the policy of insurance, except to the extent provided for in an applicable filing. An insured named in a policy of insurance or any representative or employee of the insured may not knowingly receive or accept, directly or indirectly, any such rebate, discount, abatement, credit or reduction of premium, or any such special favor or advantage or valuable consideration or inducement. This section does not prohibit the payment of commissions or other compensation to duly licensed insurance producers or prohibit any insurer from allowing or returning to its participating policyholders, members or subscribers dividends, savings or unabsorbed premium deposits.

B. An insurer, its employees, insurance producers and representatives may offer or provide products or services that are ancillary or related to any policy of insurance, other than life or disability insurance, that are intended to minimize or prevent claims-related losses or expenses or harm to the public, including fire or smoke detectors, risk audits or assessments and products or services to deter injury, death or property theft or damage. The products and services that may be offered or provided in this subsection are exempt from the prohibitions set forth in subsection A of this section.

C. This section does not prohibit an insurer from retaining an independent third party to conduct a customer feedback effort intended to help the insurer improve the quality of its products or services and to offer an insured business or individual a reasonable incentive to participate in the feedback effort. An incentive is presumed reasonable if it does not exceed $200. An insurer may not offer, reference or promote an incentive or feedback effort under this section in connection with an application for or renewal of insurance coverage.

D. For the purposes of this section:

"Feedback effort" means activities that are designed to elicit customer perceptions on a predetermined set of topics that are related to the insurer's products or services, including in-person, telephonic or online surveys, polls, focus groups, interviews, questionnaires and other recognized opinion-gathering mechanisms.
"Insurance" includes suretyship.
"Policy" includes bond.

A.R.S. § 20-00452

20-452 - Prohibited inducements

20-452. Prohibited inducements

A. Except as allowed in subsection B of this section and sections 20-453 and 20-454, any insurer, insurance producer or other person, as an inducement to insurance or in connection with any insurance transaction, shall not provide in any policy for or offer, sell, buy or offer or promise to buy, sell, give, promise or allow to the insured or prospective insured or to any other person on behalf of the insured or prospective insured in any manner:

Any employment.
Any shares of stock or other securities issued or at any time to be issued or any interest therein or rights thereto.
Any advisory board contract, or any similar contract, agreement or understanding, offering, providing for or promising any special profits.
Any prizes, goods, wares, merchandise or tangible property of an aggregate value of more than $100. This paragraph does not prohibit an insurer from retaining an independent third party to conduct a customer feedback effort intended to help the insurer improve the quality of its products or services and to offer an insured business or individual a reasonable incentive to participate in the feedback effort.Â An incentive is presumed reasonable if it does not exceed $200. An insurer may not offer, reference or promote an incentive or feedback effort under this paragraph in connection with an application for or renewal of insurance coverage. For the purposes of this paragraph, "feedback effort" means activities that are designed to elicit customer perceptions on a predetermined set of topics that are related to the insurer's products or services, including in-person, telephonic or online surveys, polls, focus groups, interviews, questionnaires and other recognized opinion-gathering mechanisms.

B. An insurer, insurance producer or other person may offer or provide products or services that are ancillary or related to any insurance coverage and that are intended to minimize or prevent claims-related losses or expenses or harm to the public, including fire or smoke detectors, risk audits or assessments and products or services to deter injury, death or property theft or damage. The products and services that may be offered or provided in this subsection are exempt from the prohibitions set forth in subsection A of this section.

A.R.S. § 6-00449

6-449 - General loan contract provisions

6-449. General loan contract provisions

A. Each loan, and any agreement for securing the same, shall be evidenced by one or more written instruments, consistent with sound lending practices in the locality, and whenever recording of such an agreement is necessary to establish priority over the claim of any third party, the agreement shall be recorded.

B. The loan contract terms shall afford full protection to the association and shall include, among other things, provisions for:

The payment of taxes, assessments, other governmental levies, maintenance and repairs, granting the association the right to make payments thereon or for any other item which, if unpaid, would create a lien prior to that of the loan contract.
Adequate insurance to cover the usual risks on the property offered as security for the loan, and in such form, coverage and amounts and in such company or companies as the board of directors may approve.
The right to repay the loan in whole or in part at any time, but the association may require payment of not more than six months' advance interest on that part of the aggregate amount of all prepayments on a loan in one year that exceeds the amount otherwise payable in such year under the terms of the loan.

C. The loan contract may provide for:

An assignment of rents.
Additional or future advances to be made at the option of the parties up to a total amount stated in the recorded security instrument.
Regular periodical payments to create a separate trust fund in the association to pay when due all taxes, assessments, insurance premiums, ground rents, and other current charges against the real estate security, and the application or crediting of such payments. All such funds so collected shall be promptly deposited in a separate trust bank account.
The payment or deduction of a premium charge for property insurance, life insurance or health and accident insurance assigned as collateral, mortgage guaranty insurance or insurance of mortgages by the United States or any instrumentality thereof, actual costs of title examination or title insurance, appraisal, credit report, survey, drawing of papers, closing of loan, and other necessary incidental services in such reasonable amounts as are actually charged and as may be fixed by the board of directors, all of which shall be itemized on a loan settlement sheet delivered to the borrower at the time of closing the loan. No person regularly serving the association shall receive from the association or other source any fee or compensation of any kind in connection with procuring a particular loan from or by such association.
A single initial service charge, premium or discount and a charge or penalty for nonpayment when due of agreed payments on any loan, but the charges, penalties or discount, when added to the interest charge of the loan, over the contractual term of the loan, shall not exceed in the aggregate the applicable interest rate of this state, and the charge or penalty shall not be either compounded or cumulated. All such charges and penalties shall be accounted for as a part of the receipts of the association.
Any other covenant or agreement that the association may deem necessary or that is customary in the locality.
The charges herein authorized to be made shall be in addition to interest authorized by law and shall not be deemed as included therein, except as prohibited by section 44-1205 and subsection C, paragraph 5 of this section.

D. If any payment required to be made by the borrower to discharge the performance of any obligation under the loan contract is not made, or if any fund created for such payment is insufficient to discharge the obligation completely, the association may advance the same and add the required amount to the unpaid balance of the loan as of the first day of the month during which such advance was made, and the advance and interest thereon shall be secured by the security instrument.

E. The first payment on any regular installment loan, a construction loan, insured loan, or guaranteed loan shall begin at such time as fixed by rules and regulations of the deputy director.

A.R.S. § 6-00635

6-635 - Other allowable fees; annual reporting

6-635. Other allowable fees; annual reporting

A. In addition to the finance charges authorized by section 6-632, a licensee may contract for and receive, and collect finance charges on, the following fees:

A delinquency charge in an amount equal to five percent of the amount of any installment not paid in full within seven days after its due date.
The actual costs of charges that are paid to a third party who is not an employee of the licensee and that are incurred in making consumer lender loans secured in whole or in part by real property, including the charges for a preliminary title search, title examination and report, title insurance premiums, property survey and appraisal fees.
Lawful fees for the acknowledging, filing and recording, continuing or releasing in any public office of any instrument or financing statement evidencing or perfecting a lien or security interest in real or personal property securing a consumer lender loan or the premiums paid for insurance in lieu of filing or recording that shall not exceed the filing or recording fee.
A loan origination fee of not more than five percent of a closed end consumer loan or the agreed credit limit of a consumer revolving loan but in no event in an amount that is more than $150. A licensee shall not charge a loan origination fee:

(a) For the refinancing of a closed end consumer loan or the renegotiating of an agreed credit limit of a consumer revolving loan if the refinancing or renegotiating occurs within one year of the collection of a prior loan origination fee.

(b) If the licensee charges prepaid finance charges pursuant to section 6-632, subsection E, paragraph 1.

Deferral fees authorized in section 6-634 for precomputed consumer loans.
Insurance premiums as provided in section 6-636.
Court costs.
Reasonable attorney fees if the consumer lender loan is referred for collection to an attorney other than a salaried employee of the licensee.
Costs, expenses and fees authorized in section 33-813, subsection B for reinstatement of a deed of trust encumbering real property that secures a consumer lender loan.
Costs and expenses of exercising the power of sale in a deed of trust encumbering real property that secures a consumer lender loan and costs and expenses of a sale that are included in a credit bid or that are applied from the proceeds of a trustee's sale pursuant to section 33-812, including the payment of trustee fees and reasonable attorney fees actually incurred.
Costs and expenses of retaking, holding, preparing for sale and selling any personal property in accordance with title 47, chapter 9, article 6.

B. If a licensee receives a check, draft, negotiable order of withdrawal or similar instrument drawn on a depository institution that is offered by a consumer in full or partial payment on a consumer lender loan and the instrument is not paid or is dishonored by the depository institution, the licensee may charge and collect from the consumer a dishonored check service fee pursuant to section 44-6852.

C. In addition to the finance charges and fees provided in this article, the licensee shall not directly or indirectly charge, contract for or receive any further or other amount in connection with a consumer lender loan.

D. In conjunction with the reporting requirements prescribed in section 6-609, on or before October 1 each year, a licensee shall report to the deputy director the number of closed end consumer loans and consumer revolving loans under $1,000 made in the prior two years.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)