This list of Administrative Histories briefly chronicles the history and changes within agencies, boards and commissions of the Arizona state government.
Each administrative history includes:
- The legal authority
- Sources where this information was located
For more information on Arizona state government history or on the entries in this collection, contact firstname.lastname@example.org, or 602-926-3870.
List Provided by:
Agency Histories D-F (as of September 02, 2016)
Agencies by Title
Agency Histories D-F (as of June 08, 2016)
The Commission for the Deaf and the Hard of Hearing (Commission) was established by Laws 1977, Chapter 171. At the time it was created, the organization was known as the Council for the Deaf. The name was changed to the Arizona Council for the Hearing Impaired in 1985. In 2000, the name changed again, to the Commission for the Deaf and the Hard of Hearing. Statutory authority for the Commission is found at A.R.S. §§36-1941 through 36-1978.
The Commission provides services to the deaf, hard of hearing, deaf-blind and persons with speech difficulties, and works with state and local government agencies, as well as other public and private agencies to provide information and services. The Commission licenses American Sign Language interpreters and certifies American Sign Language teachers. The Commission also administers a program to provide telecommunications access for deaf, hard of hearing and deaf-blind persons by providing assistive devices and a telephone relay service 24 hours a day, seven days a week. The Commission consists of 14 members, appointed by the Governor to three-year terms.
An omnibus measure addressing several issues related to public health and safety was introduced in 1977. Section 18 of the measure created the Council for the Deaf, consisting of ten members appointed by the Governor to four-year terms. The Council was required to provide services to the deaf, and to provide information on services, programs and activities to local government agencies and other public and private agencies. The Council was also required to develop a framework for cooperation and consultation with the Department of Economic Security (DES) and other state agencies represented on the Council; make recommendations to address problems and programs affecting deaf people; and submit an annual report to the Governor and Legislature. The Council office was located within the Rehabilitation Services Bureau of DES.
The Council was also required to maintain a register of deaf people in the state, based on reports from physicians who determined that a person was deaf. Information from the register was made available to certain entities for independent research purposes. The identity of the persons on the register could not be disclosed in the final research product without written consent of the person and the Council (A.R.S. §36-1944). See Laws 1977, Chapter 171.
Laws 1985, Chapter 35 required the Council to provide telecommunication devices and establish a dual party relay system to make telephone service available to the deaf and hard of hearing.
A second measure enacted in 1985 changed the name of the Council for the Deaf to the Arizona Council for the Hearing Impaired and increased the number of members to 13. The measure required the Council to review the need to amplify sound in public places and compile information on the development of acoustical technology. The requirement to maintain a register of deaf people in the state was repealed. See Laws 1985, Chapter 96.
Laws 1986, Chapter 95 authorized expenditures by the Council to purchase and repair telecommunication devices.
Laws 1989, Chapter 120 increased the number of members on the Council from 13 to 19, adding three members who were deaf and three members who were hard of hearing. The measure also authorized the Council to adopt rules establishing qualifications and certification standards for interpreters for the deaf.
Laws 2000, Chapter 98 changed the name from the Arizona Council for the Hearing Impaired to the Commission for the Deaf and the Hard of Hearing. The measure also: changed the number of members of the Commission to 14; allowed members to be reappointed one time; changed the name of the Council’s Executive Secretary to the Commission Director; and added a requirement for the Commission to make recommendations to the Legislature regarding implementation of a statewide newborn child hearing loss screening program. In addition, the Commission was required to work on establishing interpreter training and degree programs; develop rules to certify sign language teachers; and effective September 1, 2007, to license interpreters for the deaf and hard of hearing.
Pursuant to Laws 2003, First Special Session, Chapter 2, the Commission pays for its general operations with monies from the Telecommunications Device for the Deaf Fund, and does not receive monies from the General Fund.
Arizona Revised Statutes §§36-1941 et. seq
Laws 1977, Chapter 171
Laws 1985, Chapter 35
Laws 1985, Chapter 96
Laws 1986, Chapter 95
Laws 1989, Chapter 120
Laws 2000, Chapter 98
Laws 2003, First Special Session, Chapter 2
Master List of State Government Programs, January 2015. Published by the Governor’s Office of Strategic Planning and Budgeting. www.ospb.state.az.us
Related Collections at Arizona State Archives:
Record Group 171 – Arizona Commission for the Deaf and Hard of Hearing
Legislation adopted in 1913 established requirements for a person to practice dentistry in Arizona and created the Board of Dental Examiners (Board). Statutory authority for the Board is found in A.R.S.§§ 32-1201 through 32-1213.
The name of the Board was changed to the Arizona State Dental Board in 1935 and was changed again, to the State Board of Dental Examiners in 2010.
A person must be licensed to practice dentistry in Arizona. The State Board of Dental Examiners regulates and licenses dental professionals, including dentists, dental consultants, dental hygienists and denturists. The Board also reviews complaints against licensees and business entities, conducts investigations and is authorized to take disciplinary action for violations of state laws relating to the profession. The Board is required to maintain a record of its proceedings regarding licensure and disposition of complaints.
The Board consists of 11 members, appointed by the Governor to four-year terms. Information for the general public is maintained on the Board’s website.The Board does not receive any State General Fund appropriations. Its revenues consist primarily of license and permit fees. The Board is required to remit 100 percent of penalties collected, and 10 percent of all fees and other revenue, and deposit the remaining 90 percent into the Dental Board Fund.HistoryLegislation adopted in 1913 required a license to practice dentistry in Arizona and established penalties for failure to comply with license requirements.
A five-member Board of Dental Examiners was created, consisting of five members appointed by the Governor to five-year terms. The Board was required to adopt rules and regulations regarding examinations, maintain a list of licensed dentists for submission to the Secretary of State and was authorized to revoke a license for cause. The Secretary of State reviewed offenses, conducted hearings, and determined if a license should be revoked. A Board of Review, consisting of the Governor, the Superintendent of Public Instruction and the State Auditor was established to consider appeals. The law also stated that dentists were exempt from jury duty. See 1913 Code, sections 4751 through 4766, added by Laws 1913, Chapter 14, Second Special Session.
The name of the Board was changed to the Arizona State Dental Board in 1935. The Dental Act of 1935 also outlined the powers and duties of the Board, provided for licenses and penalties and repealed prior legislative enactments related to the practice of dentistry. See Laws 1935, Chapter 24.Laws 1947, Chapter 36 required dental hygienists to be licensed and to work under the direction and supervision of a licensed dentist.In 1976, the makeup of the Board was modified with the addition of one lay member and the terms of the Board members were increased to six years. Each Board member could serve no more than two consecutive terms. In 1978, the Board was expanded by adding one dental hygienist, taking the total membership to seven. See Laws 1976, Chapter 160 and Laws 1978, Chapter 134. Two additional lay people were added in 1980 (Laws 1980, Chapter 197).Laws 1982, Chapter 72 provided grounds for disciplinary actions, subpoena authority and addressed conduct of Board hearings.
In 1984 terms for Board members were reduced from six years to four years. That measure also provided for regulation of dental assistants and x-ray technicians. See Laws 1984, Chapter 99.Laws 1989, Chapter 235 authorized the Board to issue a letter of concern as part of its disciplinary process and increased the penalty for practicing without a license from a class 2 misdemeanor to a class 6 felony.In 1990, two additional members were added; one licensed dentist and one dental hygienist. That measure also allowed the Board to stagger license renewals according to an alphabetical division in order to maintain a nearly equal yearly licensure. Licenses must be renewed every three years. Legislation in 2000 merely changed the term ‘lay people’ to ‘public members.’ See Laws 1990, Chapter 218 and Laws 2000, Chapter 87.
The Board was authorized to establish a substance abuse treatment program for licensees, funded by a portion of license renewal fees. See Laws 1991, Chapter 78.Laws 1993, Chapter 183 required a licensee to maintain written records for each patient.Laws 2005, Chapter 158 provided that the identity of a complainant does not have to be disclosed to a licensee.In 2006, retired or disabled dentists, hygienists and denturists were provided an exemption from renewal fees. See Laws 2006, Chapter 77.In 2010 the name of the Board changed again, to the State Board of Dental Examiners. See Laws 2010, Chapter 122.Sources
- Arizona Revised Statutes §§ 32-1201 to 32-1213
- Session Laws
- Laws 1913, Chapter 14, 2nd Special Session
- Laws 1935, Chapter 24
- Laws 1947, Chapter 36
- Laws 1976, Chapter 160
- Laws 1978, Chapter 134
- Laws 1980, Chapter 197
- Laws 1982, Chapter 72
- Laws 1984, Chapter 99
- Laws 1989, Chapter 235
- Laws 1990, Chapter 218
- Laws 1991, Chapter 78
- Laws 1993, Chapter 183
- Laws 2000, Chapter 87
- Laws 2005, Chapter 158
- Laws 2006, Chapter 77
- Laws 2010, Chapter 122
- Arizona Auditor General Reports, 1999 and 2014 http://www.azauditor.gov
- Dental Board website: www.dentalboard.az.gov
The Arizona Department of Economic Security (DES), established in 1972, assumed the responsibilities of several separate state agencies. Statutory authority is found at A.R.S. §§41-1951 et seq.
DES is a state agency that provides protective and assistance services to Arizona’s children, adults and families. DES administers a broad range of programs related to children’s services, guardianship and adoption, child support enforcement, developmental disabilities, vocational rehabilitation, domestic violence, adult protective services, medical assistance eligibility, nutritional assistance, independent living, employment assistance, and unemployment insurance.The mission of the agency is “to promote the safety, well-being, and self-sufficiency of Arizona’s children, adults and families.” See DES Annual Report, 2014.
The Legislature consolidated several agencies, creating the Department of Economic Security in 1972. Those agencies included the Employment Security Commission; the State Department of Public Welfare; the Division of Vocational Rehabilitation; the Veterans’ Service Commission; the State Office of Economic Opportunity; the Apprenticeship Council; and the State Office of Manpower Planning.Historically, Arizona had many agencies that provided protective, economic, and assistance services to its citizens, including the visually impaired and aging populations. Some of these agencies originated in the 1920s, 1930s and 1940s. For example, the State Child Welfare Board was created by Laws 1921, Chapter 53, and was transferred into the State Board of Public Welfare as the Child Welfare Department in 1933. Eventually, these services were moved into the State Department of Public Welfare, created in 1948.The Unemployment Compensation Commission (Commission) was created during the First Special Session in 1936, in response to passage of the federal Social Security Act. The legislation creating the Commission was necessary in order for Arizona to participate in federal benefits. The Commission assumed the duties of the Board of Directors of State Institutions, and the measure provided for unemployment compensation and payment of benefits, outlined eligibility, and addressed contributions by employers. The Commission was merged into the Employment Security Commission by Laws 1941, Chapter 124.Other predecessors included the Apprenticeship Council, which was created in 1941; and the Veterans Service Officer, created in 1925 and later transferred to the Arizona Veterans’ Service Commission in 1951.In 1972, the Legislature created the Department of Economic Security by consolidating the agencies listed above, along with the Division of Vocational Rehabilitation, the State Office of Economic Opportunity, and the State Office of Manpower Planning.
Laws 1972, Chapter 142 established the Department of Economic Security, administered by a Director appointed by the Governor. DES assumed the duties and responsibilities of several agencies. The purpose clause explained that the reasons for consolidation were to integrate direct services to Arizonans; to reduce duplication of efforts; and to provide a means for those with multiple problems to contact a single department in order to receive coordinated services.
Laws 1973, Chapter 158 was a comprehensive measure that established the Arizona Department of Health Services. It also transferred the responsibilities of the State Department of Mental Retardation to DES.Laws 1980, Second Special Session, Chapter 8 required DES to estimate the current year’s population for each county, city and town in Arizona and deliver the estimates to the Economic Estimates Commission by December 15 each year.Two measures were enacted in 1982 affecting DES. The first established the Arizona Veterans’ Service Commission and transferred responsibilities, personnel, equipment and funds from DES to the new agency, effective July 1, 1982 (Laws 1982, Chapter 87). The second required DES to establish statewide services for hearing and visually impaired persons (Laws 1982, Chapter 302).Laws 1983, Chapter 162 required DES to estimate the population of newly annexed areas of a political subdivision and to provide that information to the Economic Estimates Commission.
Laws 1986, Chapter 302 implemented recommendations regarding long-term care services, made by the Pritzlaff Commission on Long-term Care (1984) and the Governor’s private sector insurance task force (1986). A second measure was enacted in 1986 affecting DES, requiring DES to provide assistance and coordination to public and private organizations that provide aid to hungry persons and families (Laws 1986, Chapter 328).Laws 1989, Chapter 215 established the Office of Long Term Care Ombudsman within DES, pursuant to the federal Older Americans Act of 1965.Laws 1990, Chapter 260 established an office within DES to address homelessness.Laws 1999, Chapter 164 established the Department of Veterans’ Services and modified the role of the Arizona Veterans’ Service Commission.
Laws 2000, Chapter 51 removed the Apprenticeship Council from DES and designated the Arizona Department of Commerce as the state agency responsible for administering apprenticeship programs. See the history for Apprenticeship Council for additional information.Laws 2003, Second Special Session, Chapter 6 addressed various Child Protective Services issues. The measure included a provision requiring DES to establish separate investigative units to look into allegations of dependency, abuse and neglect pursuant to protocols outlined in law.
Laws 2006, Chapter 191 focused on requirements regarding proof of citizenship to qualify for social services. The measure required DES to provide a report to the Governor and Legislature describing measures taken by the state to verify eligibility and to prevent fraud regarding services provided to applicants.
Laws 2014, Second Special Session, Chapter 1 created the Department of Child Services that succeeded to the authority, powers, duties and responsibilities of DES with regard to those functions related to child protective services. The measure transferred personnel, records and equipment and stated that certificates, licenses, registrations, permits and other indicia of qualification and authority retained their validity. Child Protective Services (CPS) had been part of DES Division of Children, Youth and Families. On January 13, 2014, Governor Brewer signed an executive order outlining her plan for establishing the new agency. (See Executive Order 2014-01.)
- Arizona Revised Statutes §§41-1951 et seq.
- Session Laws
- Laws 1921, Chapter 53
- Laws 1925, Chapter 84
- Laws 1933, Chapter 35
- Laws 1936, First Special Session, Chapter 13
- Laws 1937, Chapter 69
- Laws 1941, Chapter 82 and Chapter 124
- Laws 1948, Seventh Special Session, Chapter 20
- Laws 1951, Chapter 107
- Laws 1972, Chapter 142
- Laws 1973, Chapter 158
- Laws 1980, Second Special Session, Chapter 8
- Laws 1982, Chapter 87 and Chapter 302
- Laws 1983, Chapter 162
- Laws 1986, Chapter 302 and Chapter 328
- Laws 1989, Chapter 215
- Laws 1990, Chapter 260
- Laws 1999, Chapter 164
- Laws 2000, Chapter 51
- Laws 2003, Second Special Session, Chapter 6
- Laws 2006, Chapter 191
- Laws 2014, Second Special Session, Chapter 1
- Annual Report: State Fiscal Year 2014. www.azdes.gov
- Report of the Governor’s Private Sector Insurance Task Force on Long Term Care, 1986. www.azmemory.azlibrary.gov
- Long-Term Care in Arizona: The Pritzlaff Commission on Long-term Care, John C. Pritzlaff, Jr. Flinn Foundation, July, 1984. www.azmemory.azlibrary.gov
- Governor Jan Brewer Executive Order Number 2014-01, January 13, 2014.
Related collections at Arizona State Archives:
- Record Group 37 – Department of Economic Security
- Record Group 89 – Arizona Board of Public Welfare
The Arizona Department of Education (ADE) was created in 1970. Statutory authority is found at A.R.S. §§15-231 et seq.
ADE operates under the direction of the Superintendent of Public Instruction to execute the policies set by the State Board of Education.The Arizona K-12 public education system consists of the State Board of Education, the Superintendent of Public Instruction and the Arizona Department of Education. The Board and the Superintendent were established by the Arizona Constitution in 1912 (See Arizona Constitution, Article 11, Sections 1-10). Statutory authority for the Board and Superintendent was enacted by Laws 1912, Chapter 77.
ADE was created by the Legislature in 1970. Arizona public schools include both district schools and charter schools.ADE provides direct services, including funding, training and technical assistance to schools, school districts and charter schools; administers and distributes state and federal education monies to local education agencies; and collects student attendance data in order to calculate the appropriate level of state funding for each school. Divisions may be established within the Department as needed.HistoryThe Constitution provides for a public school system which includes kindergarten, common schools, high schools, normal schools, industrial schools and universities. It also requires the Legislature to provide for the education and care of pupils who are hearing and vision impaired.
The Constitution vests responsibility for the general conduct and supervision of the public school system with the State Board of Education, the State Superintendent of Public Instruction, county school superintendents, and other governing boards as provided by law.
The State Board of Education, originally made up of eight members, currently consists of eleven members: six educational professionals, four lay members, and the Superintendent of Public Instruction. The Governor appoints all members except for the Superintendent of Public Instruction. Members serve four-year terms. The Board is established by the Arizona Constitution. Statutory authority is outlined in Arizona Revised Statutes §§15-201 et seq.Board responsibilities include prescribing a minimum course of study and competency requirements; certification of school district personnel; developing proficiency exams; gathering data on pupil performance; and composing reports.
The Superintendent of Public Instruction is a publically elected position, established by the Arizona Constitution. The Superintendent is fourth in line to succeed the Governor. Statutory authority is found in A.R.S. §§15-251 et seq. The Superintendent, who serves a four-year term, works in conjunction with the State Board of Education to develop and implement educational guidelines and standards for Arizona’s common schools. The Superintendent also works with the State Board for Charter Schools to provide oversight of state charter schools. Duties of the Superintendent include apportioning funds; executing Board policies; printing and distributing courses of study prescribed by the Board; and printing and distributing laws related to schools (See A.R.S. §§ 15-251 and 15-252).
The Arizona Department of Education (ADE), created in 1970, operates under the direction of the Superintendent of Public Instruction to execute the policies set by the State Board of Education (Laws 1970, Chapter 175). The Board serves as the governing and policy determining body of the Department. The Superintendent is responsible for executive, administrative and ministerial functions. Divisions within the Department may be established as needed for the transaction of business. (Arizona Auditor General Report: No. 06-06)
The Department executes the educational guidelines through evaluation, training, school improvement assistance, dissemination of information, and administration and allocation of funds. The Department also serves as the primary source for information on the status and needs of the public school system. See Master List of State Government Programs, January 2015.Prior to statutory creation of the ADE in 1970, various Superintendents appear to have created a ‘department’ under general administrative authority. From 1913 to 1970, various reports and state documents either refer to a “Department of Education” or a “Department of Public Instruction” although no department had been established by the Constitution or statute.The Report on General State Organization, by Griffenhagen & Associates written in 1949, describes the organization of the Office of the Superintendent of Public Instruction:“The superintendent of public instruction has a small staff under his direction; the members of which are organized by him in what is known as a state department of public instruction, often termed the state department of education. Actually, no official title is authorized for the organization under the superintendent of public instruction; either by the constitution or statutes, and no such department exists, except by administrative direction.” (Page 205)Sources
- Arizona Constitution, Article 11, Sections 1 through 10
- Arizona Revised Statutes
- Session Laws
- Laws 1912, Chapter 77
- Laws 1929, Chapter 93 (ASDB)
- Laws 1970, Chapter 175
- Arizona Department of Education website. www.azed.gov
- Master List of State Government Programs, January 2015, page 330. www.ospb.state.az.us
- Arizona State Schools for the Deaf and Blind. www.asdb.az.gov
- Auditor General Report: No. 06-06 Performance Audit: Arizona Department of Education, Administration and Allocation of Funds. www.azauditor.gov
- Report on General State Organization, Griffenhagen and Associates. Chicago, 1949. Three volumes. http://.azmemory.azlibrary.gov
- Report on a Study of the Public School System of Arizona, Griffenhagen and Associates. Chicago, 1952. Three volumes. Arizona State Library, Archives and Public Records.
- Some Significant Events in the History of Arizona Education, Robert L. Pickering, Arizona Director: Designing Education for the Future. September 1966.
Related collections at Arizona State Archives:
- Record Group 5 – Department of Education
- Record Groups 100 through 114 – County Superintendent of Schools
- Record Group 188 – State Board for Charter Schools
Laws 1950, Chapter 59, First Special Session created the Judges’ Retirement Fund, which ultimately merged with EORP. The first incarnation of EORP was created by Laws 1981, Chapter 284. These two programs were merged by Laws 1985, Chapter 309. Statutory authority is found at Arizona Revised Statutes §§ 38-801 to 38-822.
The Elected Officials’ Retirement Plan provides a uniform, statewide retirement system for elected officials in Arizona. State and county elected officials, including judges, are eligible to participate. Other political subdivisions may become a part of EORP by joinder agreement. The Public Safety Personnel Retirement System Board of Trustees administers EORP.EORP is funded by cost-sharing contributions from members and members’ employers, as well as monies derived from a share of court fees.The Board of Trustees provides oversight for investments pursuant to A.R.S.§ 38-803. Although the Board is not responsible for the actions or omissions of the local boards, it has the authority to seek review or rehearing in order to protect the System as a whole. The Board of Trustees is made up of seven members, appointed by the Governor to five-year terms.
Legislation adopted in 1950 provided a pension for judges of the Supreme Court and the Superior Court who had at least 20 years of service at age 65. The amount of the pension was initially established as two-thirds of the salary at the time of retirement from the bench.Additionally, any judge with at least 10 years of service who had to retire for medical reasons (mental or physical) could be awarded a pension by the Governor upon petition.If a retired judge received retirement pay, the Supreme Court could call on that judge to aid the Supreme or Superior Court as the Supreme Court deemed fit which could include examining the facts of a case, examining citations, or preparing opinions for the court. Additionally, retired judges receiving a pension could not practice law privately or engage in any other public service for compensation.
A fund was created consisting of 25% from each of the following: the county library fund from each county in Arizona, monthly fees collected by the Clerk of the Superior Court, and monthly fees collected by the Clerk of the Supreme Court. Additionally, 5% was deducted from the salary of each Supreme Court and Superior Court judge. The State Treasurer oversaw the fund. See Laws 1950, Chapter 59, First Special Session.
Laws 1957, Chapter 25 provided for any judge with at least 12 years of service to receive a pension, although it was proportionate to a pension for 20 years of service (i.e. 12/20=60%, so only 60% of a normal pension was given).Laws 1965, Chapter 91 included judges of the Court of Appeals within the retirement act and provided judges’ widows with a pension of one-third of the judge’s salary. Additionally, judges retiring for medical reasons were required to serve 5 years, rather than 10 years, in order to be eligible for a pension.
Laws 1976, Chapter 15 moved the judges’ retirement fund into an account managed by the Public Safety Personnel Retirement System (PSPRS). As a result, the PSPRS fund manager replaced the State Treasurer as the manager of the account.Laws 1981, Chapter 284 created the EORP. Previously, elected officials had been members of the Arizona State Retirement System (ASRS). As a result, all unencumbered monies paid into ASRS by elected state or county officials or on their behalf was transferred to the EORP fund, now part of the PSPRS. Elected officials were entitled to a pension amounting to half their final annual salary, provided they had at least 15 years of service. For those with fewer than 15 years of service, their pension would decrease by 3.5% for each year below the 15 year mark (i.e. 13 years of service meant a pension of only 43% of an official’s final annual salary). A similar increase to an elected official’s pension occurred for each year of service beyond 15 years.
Laws 1982, Chapter 261 repealed and replaced the changes made by Laws 1981, Chapter 284, creating a comprehensive framework for EORP. This included, but was not limited to, optional forms of payment, modified powers and duties for the PSPRS fund manager, and an exemption from state taxes for contributions and benefits.Laws 1985, Chapter 309 repealed Articles 3 (Judge’s Retirement Plan) and 3.1 (EORP) of Title 38, Chapter 5 and added a new Article 3 that combined both plans into a new EORP. The fund manager of the PSPRS continued to administer the new EORP fund. The cap on annual compensation also increased significantly to $90,000 or 100% of the member’s average compensation across their 3 highest earning consecutive years, whichever was less.
Laws 2007, Chapter 87 allowed courts to issue a domestic relations order in judicial proceedings for an “annulment, dissolution of marriage or legal separation that provides for the distribution of community property” that sends part or all of a pension payment to an alternate payee.Laws 2010, Chapter 200 replaced the PSPRS fund manager with a board of trustees.Sources
- Session Laws
- Laws 1950, Chapter 59, 1st Special Session
- Laws 1957, Chapter 25
- Laws 1965, Chapter 91
- Laws 1976, Chapter 15
- Laws 1981, Chapter 284
- Laws 1982, Chapter 261
- Laws 1985, Chapter 309
- Laws 2007, Chapter 87
- Laws 2010, Chapter 200
- Arizona Public Safety Personnel Retirement System annual reports (consult for year by year changes). See www.psprs.com
The Arizona Constitution (Article 16) provides for a militia of able-bodied male citizens of the state, between 18 and 45 years of age. “The organized militia shall be designated ‘The National Guard of Arizona,’ and shall consist of such organized military bodies as now exist under the laws of the territory of Arizona or as may hereafter be authorized by law.” A.R.S.§ 26-101 et seq. outlines state law regarding both military affairs as well as emergency management. Laws 1972, Chapter 192, established the current organization of the Department.
The Arizona Department of Emergency and Military Affairs (DEMA) is an executive agency that has both emergency management and military responsibilities. The Department consists of three divisions: administrative affairs; emergency management; and military affairs. The Governor is the commander in chief and the adjutant general serves as the director of the Department.
The Division of Administrative Affairs administers the business operations of the agency and works with the Governor, state agencies and respective federal partners. The Division develops and maintains DEMA’s policies and ensures compliance with applicable state and federal laws, regulations, and directives.
The Division of Emergency Management develops disaster preparedness plans to prevent, respond to and recover from potential threats to the health and safety of Arizona residents, including natural and man-caused disasters and acts of terrorism. The Director of the Division of Emergency Management is responsible for administration of all funds made available by the State of Arizona or federal government as a result of a gubernatorial or Presidential declaration of emergency or major disaster.
The Division of Military Affairs consists of the Army National Guard and the Air National Guard, the respective military reserve components of the United States Army and the United States Air Force. The Arizona National Guard operates training centers and storage centers in the state. It also supports operations of the US Department of Homeland Security.
In times of emergency, the Director serves as the Governor’s authorized representative and administers funds allocated from emergency declarations. The Director also serves as chairperson for the Arizona Emergency Response Commission. Statutorily affiliated commissions and councils include: Arizona State Emergency Response Commission (A.R.S.§ 26-343); Military Affairs Commission (A.R.S.§ 26-261); and State Emergency Council (A.R.S.§ 26-304).
The agency was originally two separate entities. Over the years the name of the Department changed to reflect its responsibilities: Disaster Preparedness, Search or Rescue; Department of Civil Defense and Emergency Planning; Department of Civil Defense; Military Affairs and Civil Defense; Military Affairs and Emergency Services; Military Affairs and Emergency Management; and Department of Emergency and Military Affairs.
Laws 1912, Chapter 85 set forth the Military Code of Arizona, which specified the divisions of the militia, the organization of the National Guard and established the Governor as the commander in chief. The Military Code was amended by Laws 1921, Chapter 144; Laws 1929, Chapter 60; and Laws 1939, Chapter 6. Laws 1952, Chapter 95 repealed and rewrote the Military Code.
Laws 1951, Chapter 100 created a Department of Civil Defense (The Civil Defense Act of 1951) to carry out emergency functions related to disasters caused by enemy attack, hostile action, fire, flood or other causes. The Director was appointed by the Governor with advice and consent of the Senate. The Governor was authorized to take operational control of all civil defense forces in a state of emergency.
Laws 1971, Chapter 51 created the Division of Emergency Services in the Office of the Governor to coordinate the efforts of all government agencies, including the federal government, the state and its political subdivisions. The director, appointed by the Governor, oversaw civil defense and emergency preparedness. All property and funds were transferred from the Department of Civil Defense to the Division of Emergency Services as of April 12, 1971.
In 1972 the Department of Emergency and Military Affairs was established, consisting of a division of emergency services and a division of military affairs. The adjutant general served as the administrative head of the Department (Laws 1972, Chapter 192).
Laws 1988, Chapter 292 established the Emergency Response Commission within DEMA to supervise, coordinate and assist local emergency planning committees and to implement the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (P.L. 99-499, Title III).
Laws 1998, Chapter 134 authorized the Director of Emergency Management to appoint a Disaster Prevention Council. The legislation also allowed previously appropriated monies to be used in subsequent years for the use originally authorized.
Laws 2003, Chapter 2 required the DEMA Director to collaborate with the State Forester to develop a presentation to the legislature regarding forest management and wildfire suppression. The presentation is due during the first regular session of each legislature. (A.R.S.§37-622)
Laws 2015, Chapter 208 transferred the authority, powers, duties and responsibilities of the Arizona Emergency Response Commission from DEMA to the Arizona Department of Environmental Quality (ADEQ). The measure designated ADEQ as the lead agency with responsibility for developing a state hazardous materials emergency management program; modified the structure of the Commission, changing it to 12 members, and eliminated the advisory committee. The measure also eliminated the General Staff within DEMA, which had served as an advisory board to the Governor regarding military affairs of the state and modified administration of the National Guard Fund.
Arizona Constitution, Article 16
A.R.S.§§26-101 et seq.
- Laws 1912, Chapter 85
- Laws 1921, Chapter 144
- Laws 1929, Chapter 60
- Laws 1939, Chapter 6
- Laws 1951, Chapter 100
- Laws 1952, Chapter 95
- Laws 1971, Chapter 51
- Laws 1972, Chapter 192
- Laws 1988, Chapter 292
- Laws 1998, Chapter 134
- Laws 2003, Chapter 2
- Laws 2015 Chapter 208
Master List of State Programs www.ospb.state.az.us
Arizona Department of Emergency and Military Affairs Annual Report (2014)
Related collections at Arizona State Archives: RG 98 – Department of Military and Emergency Affairs
Employment Advisory Council (1970-2016)
Authority – Repealed January 1, 2017
The Employment Advisory Council was established in 1970. Statutory authority for the Council is found at A.R.S. §23-522.01 and §23-522.02. Related provisions regarding regulation of employment agents are found at A.R.S. §§23-521 through 23-536. These statutes are repealed, effective January 1, 2017.
Employment agencies provide, for a fee or commission, information to persons seeking employment and to employers seeking to hire laborers or help. The Industrial Commission of Arizona is responsible for promoting the health, safety and welfare of employees. The Employment Advisory Council (Council) was established to advise the Industrial Commission of Arizona (Commission) on matters related to regulation of employment agencies, provide recommendations on how employment agents might best serve the state and the public, approve rules adopted by the Commission, conduct research, and publish findings, with recommendations, for the Governor and the Commission.
The Council consisted of seven members appointed by the Commission to three-year terms. Three members were required to have experience as executives or managers in the private employment agency industry and four members were required to have at least three years experience in commerce or industry.
Laws 1931, Chapter 112 established regulations for employment agents, to be administered by the Industrial Commission. The measure outlined requirements for licensure, performance bonds, fees and record keeping.
The Employment Advisory Council was established in 1970 to provide recommendations to the Commission on all matters concerning employment agencies. The Commission, with the advice of the Council, prescribed record keeping and reporting requirements for employment agents as well as how refunds would be made to applicants who failed to secure employment. See Laws 1970, Chapter 137.
The Senate Commerce and Workforce Development and House of Representatives Commerce Committee of Reference met August 25, 2015 to recommend either continuation or termination for several boards, commissions and councils. The Employment Advisory Council did not receive a favorable recommendation for continuation.
Laws 2016, Chapter 356 did not provide for continuation of the Council and statutes pertaining to employment agents, which allowed them to expire. The measure did include a provision to continue to require employment agents to ensure that representations regarding employment opportunities are true and include all material facts affecting the employment in question. Failure to comply with the requirement is classified an unlawful practice, governed by statutes relating to consumer fraud.
Arizona Revised Statutes
- Laws 1931, Chapter 112
- Laws 1970, Chapter 137
- Laws 2016, Chapter 356
See also: Agriculture Best Management Practices, Vehicle Emissions Inspection Program, Water Quality Appeals Board, Water Infrastructure Finance Program
The Arizona Department of Environmental Quality was created by Laws 1986, Chapter 368 with an effective date of July 1, 1987. Statutory authority is found at A.R.S. §§49-101 et seq.
ADEQ manages a variety of state and federal programs related to air quality, water quality, solid waste, and hazardous waste. ADEQ is responsible for administering state environmental laws and shares regulatory responsibility for certain federal programs delegated to the state from the U.S. Environmental Protection Agency (EPA). Those federal programs include the Clean Air Act, the Safe Drinking Water Act, the National Pollutant Discharge Elimination System program and the Resource Conservation and Recovery Act program. Federal delegation requires enactment of state laws that are at least as stringent as the federal law and adequate state resources to manage the program. The department is organized into four divisions: air quality, water quality, waste and administration. The agency is headed by a director, appointed by the Governor.
The Air Quality Division issues air quality permits, monitors air quality and concentration of air pollutants, predicts dispersion of air pollution using mathematical modeling, and administers the vehicle emissions inspection program.
The Water Quality Division develops water quality standards; regulates public drinking water systems; monitors surface and groundwater quality; issues permits; regulates discharges from drinking water and wastewater treatment plants, mining operations, industrial facilities and storm water; administers the state Aquifer Protection Program; manages the contamination prevention program for agricultural use pesticides; and works with federal, state and local governments to monitor and improve water quality. The division also administers the Arizona Pollutant Discharge Elimination Program (AZPDES), issuing permits to facilities that discharge to surface water, conducting inspections and enforcing permit conditions.
The Waste Programs Division regulates facilities and generators of solid and hazardous waste; regulates waste tire management facilities; issues permits; conducts inspections; administers programs related to operation and maintenance of underground storage tanks; oversees remediation of contaminated sites; administers the State Assurance Fund; and encourages recycling.
The Administrative Division establishes overall agency policies and manages administrative and business activities of the agency. (OSPB Master List of State Programs, 2015.)
Prior to the establishment of ADEQ, responsibility for governmental oversight of air quality, water quality, solid waste and hazardous waste rested with the State Department of Health (1941-1974) and later with the Department of Health Services (1974-1987). The Water Quality Control Council and Division of Air Pollution Control were both established in 1967, under the jurisdiction of the State Department of Health.
Governor Babbitt’s state of the state address on January 13, 1986 called for comprehensive measures to address pollution, specifically the need to protect groundwater and improve air quality. He referred to the failure to develop a comprehensive water quality law after three years of discussions and pledged to lead a working group that would produce a compromise.
In 1986, after a series of lengthy stakeholder meetings, the legislature approved HB 2518, which added Title 49, (Environment) to the Arizona Revised Statutes, established a new state agency and transferred responsibility for various programs from other state agencies to the newly created Arizona Department of Environmental Quality. ADEQ would administer the state’s environmental protection programs to “consolidate and focus responsibility for environmental management and administration of water quality, air quality, solid waste and hazardous waste regulation with the goal of increasing effectiveness, efficiency and public acceptance of environmental regulation.” (Laws 1986, Chapter 368, Purpose clause)
ADEQ would also eventually assume state responsibility for several federal programs, including the Clean Water Act, Resource Conservation and Recovery Act, Safe Drinking Water Act, and the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (also known as ‘Superfund’). ADEQ responsibilities have been modified many times since 1986, with certain specific enactments described in the following section.
Laws 1986, Chapter 368 was a comprehensive measure establishing a new state agency, the Arizona Department of Environmental Quality. The measure addressed a number of issues, including the use of pesticides; state water quality standards; protection of groundwater aquifers; monitoring; remedial and mitigation measures; liability; private rights of action; enforcement actions; civil penalties; criminal offenses and appeals. The measure established the Water Quality Appeals Board within the Department of Administration administrative and outlined transition and succession of responsibility from the Department of Health Services to the ADEQ.
Responsibility for regulating underground storage tanks was transferred from the Department of Health Services to DEQ by Laws 1987, Chapter 317.
In 1990, the “Arizona Solid Waste Recycling Act” encouraged recycling to decrease the volume of solid waste, reduce the toxicity of the waste stream, aid in conservation and recovery of resources, conserve energy and increase the supply of reusable raw materials. The act established the Arizona recycling program, administered by ADEQ; included a state agency recycling materials procurement program; and required recycling of waste paper by state agencies. The purpose clause described the need to develop markets by removing regulatory barriers to recycling and to authorize the purchase of recycled materials for use by state agencies. A second measure enacted that year established the waste tire disposal program to regulate storage, disposal and recycling of waste tires. See Laws 1990, Chapter 378 and Chapter 389.
Laws 1991, Chapter 315 addressed the operation and impacts of a state hazardous waste facility, outlined requirements related to management and transportation of hazardous materials and hazardous waste, and prohibited importations of hazardous and special waste generated outside the state.
The Water Quality Assurance Revolving Fund was established to provide a source of monies to clean up groundwater contamination caused by the release of hazardous substances. Laws 1997, Chapter 287 revised the Water Quality Assurance Revolving Fund program, including funding sources and the method to determine liability for the cost of cleaning up contaminated sites.
Also enacted in 1997 was the greenfields pilot program, intended to encourage voluntary cleanup of contaminated land to allow for redevelopment and other uses. Clean up of the contaminated soil had to be performed by a remediation specialist, certified by the Board of Technical Registration (BTR). The measure appropriated funds to ADEQ and BTR for the program. See Laws 1997, Chapter 296.
The federal Clean Air Act requires areas that fail to meet established national ambient air quality standards to implement controls in order to meet appropriate standards. Legislation was enacted in 1998 to address EPAs reclassification of Area A (Maricopa County) from ‘moderate’ to ‘serious’ for three pollutants; carbon monoxide, particulates and ozone. Law 1998, Chapter 217 established new air quality regulations and emissions control requirements.
Laws 1999, Chapter 295 authorized ADEQ to implement a Brownfields Cleanup Revolving Loan Fund program to provide loans to encourage remediation of contaminated sites. The measure also allowed ADEQ to apply for grants and other financial assistance from the federal government and other public and private sources.
Laws 2000, Chapter 162 required ADEQ to identify polluted water bodes and implement a total maximum daily load (TMDL) program to improve the quality of the water to standards established by the Clean Water Act. TMDL is an estimate of the amount of pollutants that can be added to a body of water while still allowing the water to maintain applicable surface water quality standards.
Laws 2001, Chapter 357 authorized ADEQ to establish an Arizona Pollutant Discharge Elimination System (AZPDES) consistent with federal requirements. EPA requires all point sources that discharge pollutants to waters of the United States to obtain a permit, as outlined in the federal Clean Water Act. The measure also required ADEQ to seek state primacy from the U.S. Environmental Protection Agency in order to assume responsibility for the discharge program.
Laws 2011, Chapter 214 required the state to adopt additional measures to reduce PM-10 (particulate matter ten microns in size and smaller) and dust emissions in the Maricopa County nonattainment area.
In 2015, the ADEQ succeeded to the authority, powers, duties and responsibilities of the Arizona Emergency Response Commission. Laws 2015, Chapter 208 designated ADEQ as the lead agency with responsibility for developing a state hazardous materials emergency management program and transferred responsibilities formerly held by the Commission to ADEQ. The measure modified the structure of the Commission, changing it to 12 members, and eliminated the advisory committee.
Laws 2016, Chapter 128 transferred the responsibility to provide staff support to the Oil and Gas Conservation Commission (OGCC) from the Arizona Geological Survey to ADEQ. The measure also requires monies collected by the OGCC from the sale of maps and reports to be deposited in the ADEQ Permit Administration Fund and used to cover the cost of additional OGCC publications.
Arizona Revised Statutes §§49-101 et seq.
- Laws 1986, Chapter 368
- Laws 1987, Chapter 317
- Laws 1990, Chapter 378 and Chapter 389
- Laws 1997, Chapter 296
- Laws 1998, Chapter 217
- Laws 1999, Chapter 295
- Laws 2000, Chapter 162
- Laws 2001, Chapter 357
- Laws 2011, Chapter 214
- Laws 2015, Chapter 208
- Laws 2016, Chapter 128
ADEQ Annual Reports 1986, 1987, 1988 www.adeq.state.az.us
Arizona Auditor General Performance Audit: Department of Environmental Quality – Sunset Factors, Report No. 13-10. www.azauditor.gov
Air Quality Strategies Task Force established in 1996 by Governor Symington. Executive Order 96-6.
Master List of State Programs www.ospb.state.az.us
Related collections at Arizona State Archives:
RG 50 – Arizona Department of Health Services
RG 147 – Arizona Department of Environmental Quality
The Territorial Board of Pardons was created in 1885 and was renamed the Board of Pardons and Parole in 1913 (Laws 1885, Chapter 76 and 1913 Penal Code, §§1301 through 1307). Current statutory authority is found in A.R.S.§§31-401 et seq.FunctionThe Board conducts parole hearings for inmates who have committed offenses prior to January 1994. Hearings include consideration for home arrest, work furlough, parole release, revocation of parole and discharge from parole supervision. The Board is also authorized to recommend clemency actions to the Governor. Parole is a period of conditional supervised release outside of prison before an entire prison sentence has been completed. The Board makes parole decisions only for offenses committed before January 1, 1994. Arizona’s truth-in-sentencing laws abolished parole for offenses committed after that date and the Department of Corrections has responsibility for releasing eligible inmates to community supervision.
During Territorial times, the Board consisted of the Governor of the Territory, the Attorney General and the Chairman of the Board of Prison Commissioners. In 1913, the composition of the Board changed to the Superintendent of Public Instruction, the Attorney General and a citizen member.In 1966, the number of members increased from three to five, appointed by the Governor to five year terms (Laws 1966, Chapter 21).
Laws 1968, Chapter 198 established the State Department of Corrections and reorganized the Board of Pardons and Paroles, changing the number of members from five to three, appointed by the Governor to three-year terms. In 1978, the number of members increased to five and members were appointed to five-year terms (Laws 1978, Chapter 164).
Laws 1982, Chapter 254 required the Board to provide a notice to the victim (or the victim’s family) when considering commutation or parole. The victim was also notified of their opportunity to provide a written opinion concerning release of the prisoner. The measure also authorized the Board to hire hearing officers.
In 1984 Governor Babbitt called the legislature into special session to consider management, financing, programs and facilities of the Arizona criminal justice and correctional systems. Legislation adopted during the special session modified work furlough decisions made by the Board and changed the number of members from five to seven (Laws 1984, Chapter 8, 1st Special Session).
Laws 1989, Chapter 300 established a selection committee to fill vacancies on the Board and allowed the Board to hire an executive director.Laws 1990, Chapter 127 required members of the Board to take a four-week class on Board duties and activities related to statutory requirements and decision-making.In 1993, truth in sentencing laws abolished discretionary release by a parole board for any offense committed after 1993 and required offenders to serve at least 85 percent of their sentence before becoming eligible for community supervision. Previous law required a prisoner to serve at least 67 to 75 percent of the sentence, depending on the offense. Truth in sentencing was adopted to promote accountability in sentencing and require offenders to serve nearly all their sentence.
Laws 1993, Chapter 255 revised the criminal code and required a period of community supervision to run consecutively to a term of imprisonment. The measure addressed parole, work furlough, home arrest, earned release credits and other early release programs.(See Arizona Auditor General report on the Arizona Board of Executive Clemency, Report No. 14-105.)
In 1997, the number of members changed from seven to five, effective January 1, 1998 (Laws 1997, Chapter 134).
- A.R.S.§§31-401 et seq.
- Session Laws
- Laws 1885, Chapter 76
- Laws 1966, Chapter 21
- Laws 1968, Chapter 198
- Laws 1978, Chapter 164
- Laws 1982, Chapter 254
- Laws 1984, Chapter 8, 1st Special Session
- Laws 1989, Chapter 300
- Laws 1990, Chapter 127
- Laws 1993, Chapter 255
- Laws 1997, Chapter 134
- Penal Code 1913
- Arizona Auditor General Report No. 14-105
- Master List of State Programs www.ospb.state.az.us
- Board of Executive Clemency www.boec.az.gov
The Arizona Territorial Fair Commission, the predecessor of the Arizona Exposition and State Fair Board, was authorized in 1905. Statutory authority for the Board is found at A.R.S. §§3-1001 et seq.FunctionThe Board manages the 96-acre state fairgrounds and Memorial Coliseum property, located at 19th Avenue and McDowell in Phoenix and conducts the annual Arizona State Fair. It also leases the Coliseum facilities and fairgrounds for special events, including the Arizona National Livestock Show, the Maricopa County Fair, trade shows, home and garden shows, merchandise sales and outdoor recreation shows.
The Department of Emergency Management has identified the fairgrounds as a location that may be called upon to provide emergency services in cases of disaster or terrorism. In 2005, the Coliseum sheltered 2,500 evacuees from New Orleans after Hurricane Katrina.
The Arizona Territorial Fair Commission was initially established in 1905 and authorized to procure a site suitable for a state fairgrounds in order to exhibit agricultural, horticultural, livestock and mining exhibits. The site was also to include a grandstand, stables with at least 50 box stalls and a racetrack one mile in circumference. Three commissioners were appointed by the Governor to two-year terms. The measure provided for an annual appropriation of $7,500. See Laws 1905, Chapter 64. In 1907, the annual appropriation was increased to $15,000. See Laws 1907, Chapter 86.Laws 1909, Chapter 93 authorized the Board of Control of the Territory to purchase a specific site at a price not to exceed $30,000. The measure included the legal description of the property.
In 1922 the State Financial Code was adopted, providing that state agency expenses would be paid from the State General Fund as authorized by a general appropriations bill adopted by the Legislature. Appropriated monies that were unexpended at the end of the fiscal year would revert to the State General Fund. See Laws 1922, Chapter 35, Section 70.Laws 1935, Chapter 73 increased the number of members on the State Fair Commission to five and increased the length of the term to five years. In addition, the Commission was authorized to contract with the federal government to obtain funding for public works and improvements at the state fairgrounds. The measure also modified the penalty for violating conflict of interest provisions by establishing a fine of $1,000 and nine months in a county jail. Prior to the 1935 amendment, the penalty was one year in state prison. The penalty has been modified several times and is currently a Class 1 misdemeanor.
Laws 1941, Chapter 60 increased the number of commissioners to seven and provided for three-year terms. The measure also allowed the Commission to: hire a secretary to handle financial transactions; hire other employees; lease the fairgrounds for rodeos, civic exhibitions, fireworks displays and other purposes; and provided that balances in the State Fair Fund at the end of the fiscal year would not revert to the State General Fund.Laws 1953, Chapter 91 authorized establishment of a revolving fund of up to $15,000 for activities requiring immediate cash outlay for use ten days prior to opening and ten days following the state fair.Laws 1963, Chapter 61 provided the Commission the power to issue revenue bonds to construct, furnish and equip exhibition halls, auditoriums and coliseums. The measure outlined how bonds would be issued, sold, secured and repaid.
Laws 1965, Chapter 45 required the Commission to name the auditorium or coliseum, then under construction, in honor of Arizona war veterans.In 1967 the Arizona Coliseum and Exposition Center Board was established, replacing the Commission. The Board consisted of five members with specific qualifications, appointed by the Governor to terms of five years. Monthly financial reports and minutes of regular and special meetings were required to be submitted to the Governor and Joint Legislative Budget Committee. The measure authorized employment of an executive director, coliseum manger and comptroller and prescribed their qualifications and duties. All real and personal property, including unexpended and unencumbered funds were transferred from the Commission the Board. In addition the measure noted that all contracts and bonds executed or issued by the State Fair Commission would continue and were binding upon the newly created Board. References to horse, harness and dog racing were deleted.
Laws 1967, Chapter 21 contained an emergency clause and became effective upon signature of the Governor on March 3, 1967.Laws 1971, Chapter 125 required the state to provide a blanket bond in the amount of $100,000 for each state officer and employee, eliminating the requirement for each Board member and Board employee to obtain a surety bond in the amount of $25,000.
In 1991, legislation increased the Arizona Exposition and State Fair Board Permanent Revolving Fund cap to $20,000 except for the months of October and November when the maximum was set at $50,000 for use during the annual state fair. The measure also decreased the percentage of racing revenue allocated to the Arizona Coliseum and Exposition Center Fund. See Laws 1991, Chapter 254.
In 1997, the name of the Arizona Coliseum and Exposition Center Board was changed to the Arizona Exposition and State Fair Board. See Laws 1997, Chapter 18. Another bill enacted in 1997 transferred the Arizona Coliseum and Exposition Center Fund from non-appropriated status to appropriated status. The measure also converted 14 other state funds to appropriated status. Conversion of these funds occurred due to legislation adopted in 1994 that required the Joint Legislative Budget Committee to recommend conversion of a certain percentage of non-appropriated funds to appropriated status. See Laws 1994, Chapter 366.Laws 2013, First Special Session, Chapter 2 increased the revolving fund cap to $60,000 for the months of December through September and established a cap of $400,000 for October and November.
- Arizona Revised Statutes §§3-1001 et seq.
- Revised Statutes of Arizona 1913 Civil Code, §§4535 to 4542
- Session Laws
- Laws 1905, Chapter 64
- Laws 1907, Chapter 86
- Laws 1909, Chapter 93
- Laws 1922, Chapter 35
- Laws 1935, Chapter 73
- Laws 1941, Chapter 60
- Laws 1953, Chapter 91
- Laws 1963, Chapter 61
- Laws 1965, Chapter 45
- Laws 1967, Chapter 21
- Laws 1971, Chapter 125
- Laws 1991, Chapter 254
- Laws 1997, Chapters 18 and 210
- Laws 2013, 1st Special Session, Chapter 2
- Master List of State Programs: 2014-2016.
- Arizona Office of Strategic Planning and Budgeting. www.ospb.state.az.us
- Final report of the sunset review of the Arizona Exposition and State Fair Board, December 19, 2006. Arizona Memory Project: Arizona State Government Publications. http://www.azmemory.azlibrary.gov
- Arizona Exposition and State Fair website: www.arizonaexposition.com
Related collections at Arizona State Archives:
- Record Group 6: Secretary of the Territory
- Record Group 194: Arizona Coliseum and Exposition Center
- Manuscript Group 119: Arizona Territorial Documents
Created in 2004, the Arizona Department of Financial Institutions assumed the responsibilities of the State Banking Department (Laws 2004, Chapter 188). Current statutory authority is found at A.R.S. § 6-101et seq.Note: the Department of Finance is different from the Arizona Department of Financial Institutions. The Department of Finance traces back to the State Auditor, the State Department of Finance and finally to the Finance Division of the Department of Administration.Function:The Arizona Department of Financial Institutions (AZDFI) formerly known as the State Banking Department, was originally codified in 1922 and enacted into law in 2004. The purpose of the Department is to safeguard the public welfare by protecting the financial assets of the citizens of Arizona.
AZDFI is statutorily charged with licensing, supervision and regulation of state-chartered financial institutions and enterprises. The Department’s responsibility is twofold: 1) ensuring the safety and soundness of the financial services industry in Arizona, as well as compliance with state and applicable federal laws; and 2) investigating complaints filed by consumers against licensed entities and taking appropriate remedial action if the violations are substantiated.The Department is a self-supporting branch of state government and is routinely a net contributor to the State’s General Fund. Revenues are derived solely from supervision, examinations and licensing fees assessed against those financial institutions and enterprises regulated by the Department.
The Arizona Department of Financial Institutions (formerly known as the State Banking Department – 1922 to 2004; and before that the State Auditor – 1912 to 1968) traces back to territorial days and was established in the Howell Code, Chapter 20, Section 1, in 1864 as the Board of Territorial Auditors. The Office of the Territorial Auditor was established in 1866 and for a time included banking responsibilities.In 1912, the name of the Office of the Territorial Auditor changed to Office of the State Auditor (Article 5 of the State Constitution). The auditor operated as “the general accountant of the State, a keeper of all public account books, vouchers, documents and all papers relating to the accounts and contracts of the State and its revenue, debt and fiscal affairs.” (Annual Report, 1912, AUD 1.1)
The Bank Comptroller also worked out of the Office of the State Auditor and until 1922, the same individual often occupied both positions. The Bank Comptroller licensed building and loan societies and associations, savings banks, and bank and banking companies. In 1922, the duties of the Bank Comptroller were transferred to the newly established State Banking Department.
Laws 1968, Chapter 89 transferred powers and duties of the State Auditor relating to audit and general accounting to the Commissioner of Finance and repealed A.R.S. Title 41, Chapter 1 Article 3, relating to the State Auditor; and amended Title 35, Chapter 1, by adding Article 2.3 related to accounting for state funds. That law included an effective date of January 2, 1969 with a conditional enactment that required voter approval in order to abolish the office of the State Auditor. The statutory historical note indicates the Constitutional changes, (deleting references to the State Auditor), became effective on December 4, 1968.
- A.R.S. § 6-101et seq.
- Session Laws – See Laws 1922, Chapter 31; Laws 1973, Chapter 32; and Laws 2004, Chapter 188
- Annual Report, 1912, AUD 1.1
The Board was established by Laws 1998, Chapter 270, with an effective date of July 1, 1999.Statutory authority for the Board is found at A.R.S. §§41-619.51 et seq.
Certain state employers require a criminal history background check to verify that a person is eligible to work with vulnerable populations (generally children and the elderly). The Fingerprinting Division of Arizona Department of Public Safety (DPS) conducts a background check upon receipt of an application, and based on the results, makes a determination whether to issue a fingerprint clearance card (A.R.S. §41-1758.01).
The Board was established to provide an opportunity for an applicant who is denied a fingerprint clearance card to request a good cause exception or a central registry exception hearing.Statute provides two categories of offenses. The first lists those offenses that preclude a person from receiving a fingerprint clearance card. If the background check indicates the person has committed an offense on that list, the person is not eligible to apply for a good cause exception. The second lists those offenses that preclude issuance of a fingerprint clearance card, but allows the applicant to request a Board hearing.The Board consists of six members. One member is selected by each of the following agencies: Arizona Supreme Court; Department of Economic Security; Department of Education; Department of Health Services; Department of Juvenile Corrections; and Department of Child Safety. Board members serve at the pleasure of the appointing authority.
An interagency task force worked for several years to address fingerprinting and background checks conducted by separate state agencies. Laws 1998, Chapter 270 standardized laws regarding fingerprinting background checks conducted by five state agencies. The law revised the process for conducting background checks; created a new division within the Arizona Department of Public Safety (DPS); established criteria for DPS to conduct background checks; and established a fingerprint clearance card system in order to issue credentials for a person to work with children or other vulnerable populations.
The Board of Fingerprinting was established in order to provide a person who was denied a fingerprint clearance card an opportunity to apply for a good cause exception. The law transferred monies and full-time equivalent (FTEs) to DPS from the Department of Health Services, Department of Juvenile Corrections, Department of Economic Security and Department of Education. A second measure was enacted in 1998, authorizing DPS to charge a fingerprint processing fee for noncriminal justice state agencies (Laws 1998, Chapter 75).
Since the Board’s creation, a number of legislative enactments have modified the list of persons who are required to obtain a fingerprint clearance card. The offenses considered during a background check have been modified several times as well.
Laws 1999, Chapter 316 addressed implementation issues identified by participating state agencies and extended the effective date from July 1, 1999 to August 16, 1999.
Laws 2000, Chapter 251 modified certain Board procedures and addressed implementation issues identified by participating state agencies.
Laws 2001, Chapter 350 modified the list of offenses that result in denial or suspension of a fingerprint clearance card.
Laws 2002, Fifth Special Session, Chapter 4 required all charter school personnel who engage in instructional work to obtain a fingerprint clearance card.
Laws 2003, Chapter 214 eliminated the distinction between a class 1 and a class 2 fingerprint clearance card; required a Board decision to grant a good cause exception to be unanimous; allowed the Board to establish fees; and required the Board to hire a hearing officer to conduct good cause exception hearings.
Laws 2004, Chapter 63 required child protective services workers to obtain a fingerprint clearance card.
Laws 2005, Chapter 246 required prospective adoptive parents, foster parents, adult home licensees and all DES employees who have contact with children or vulnerable adults to obtain a valid fingerprint clearance card. The law also required the Board to report the number of good cause exceptions requests and the number of good cause exceptions granted per year. A copy of the report had to be provided to the Governor and Legislature each year, by December 1.
Laws 2006, Chapter 133 required Department of Economic Security (DES) employees holding an information technology position to obtain a valid fingerprint clearance card.
Laws 2007, Chapter 95 allowed, rather than required, the Board to appoint a hearing officer to conduct good cause exception hearings. The law expanded the list of offenses that preclude a person from receiving a fingerprint clearance card and modified the list of offenses that allow a person to request a good cause exception.Other legislation enacted in 2007 required the following persons to obtain a fingerprint clearance card: Department of Emergency and Military Affairs (DEMA) employees who worked with minors as part of Project Challenge; nursing care institution administrators; assisted living facility managers; health science students; and clinical assistants participating in a graduate program. See Laws 2007, Chapter 196 and Laws 2007, Chapter 205.
Laws 2008, Chapter 173 modified several provisions relating to the Board. The law required the Board to determine the outcome of a good cause exception hearing, rather than allowing the hearing officer to make the determination. It also eliminated the requirement for a Board decision to be unanimous and instead required a majority of the Board members to grant a good cause exception. Board members and Board personnel were required to obtain a valid fingerprint clearance card. Other legislation enacted in 2008 required DEMA employees, including those working with minors in Project Challenge, to obtain a fingerprint clearance card. See Laws 2008, chapter 300.Laws 2009, Chapter 8 required a fingerprint clearance card for foster and prospective foster and adoptive parents. The law also added two crimes to offenses that preclude a person from receiving a fingerprint clearance card. Other legislation enacted in 2009 required school superintendents, school contractors, subcontractors and vendors to obtain a fingerprint clearance card.
See Laws 2009, Chapter 75 and Laws 2009, Third Special Session, Chapter 12, Section 49.
Laws 2010, Chapter 166 required a licensed realtor to obtain a fingerprint clearance card.
Laws 2012, Chapter 188 authorized the Board to conduct a central registry exception hearing (similar in concept to a good cause exception hearing) for a person who is disqualified from employment based on the results of the central registry background check. The Central Registry is a database containing information on substantiated reports of child abuse and neglect. The database is maintained by DES and is confidential. Certain persons (contractors, subcontractors, their employees and child care workers) are subject to a central registry background check, as required by DES.In 2013, driver instructors who work for professional driver training schools and owners of traffic survival schools were added to the list of persons who are required to obtain a fingerprint clearance card (Laws 2013, Chapter 128 and Chapter 129).
Laws 2014, Second Special Session, Chapter 1 abolished Child Protective Services (CPS) and created the Department of Child Safety as a stand-alone agency. CPS had been part of DES and the law transferred duties and responsibilities to the new agency. The law contained extensive conforming changes, including modifications to Board statutes, in order to acknowledge the new agency.
- Arizona Revised Statutes §§41-619.51 et seq. and §§41-1758.01 et seq.
- Session Laws
- Laws 1998, Chapter 75 and Chapter 270
- Laws 1999, Chapter 316
- Laws 2000, Chapter 251
- Laws 2001, Chapter 350
- Laws 2002, Fifth Special Session, Chapter 4
- Laws 2003, Chapter 214
- Laws 2004, Chapter 63
- Laws 2005, Chapter 246
- Laws 2006, Chapter 133
- Laws 2007, Chapter 95; Chapter 196 and Chapter 205
- Laws 2008, Chapter 173 and Chapter 300
- Laws 2009, Chapter 8 and Chapter 75
- Laws 2009, Third Special Session, Chapter 12, Section 49
- Laws 2010, Chapter 166
- Laws 2012, Chapter 188
- Laws 2013, Chapter 128 and Chapter 129
- Laws 2014, Second Special Session, Chapter 1, Section 120
- Master List of State Programs www.ospb.state.az.us
- Arizona Board of Fingerprinting Performance Audit, No. 07-01. Arizona Auditor General, 2007. www.azauditor.gov
Related collections at Arizona State Archives:
- Record Group 152 – Department of Public Safety
See: State Forester, Department of Housing, Department of Real Estate
Authority – Repealed. Responsibilities transferred.
Until 2016, statutory authority for the Department of Fire, Building and Life Safety was found at A.R.S. §§41-2141 through 41-2198.05. Laws 2016, Chapter 128 abolished the Department and divided its duties among the Department of Housing, the State Forester and the Department of Real Estate.
Until 2016, the Department of Fire, Building and Life Safety enforced safety standards for public buildings, manufactured homes, mobile homes and factory-built buildings. The Department also enforced the State Fire Code and developed administrative procedures to facilitate consumer protection. The Department consisted of the Board of Manufactured Housing, the Installation Standards Committee, the State Fire Safety Committee and the Director of the Department. The Director’s office included the Office of Manufactured Housing and the Office of the State Fire Marshal. The Director was appointed by the Governor.
The Office of Manufactured Housing licensed and regulated production and ownership of manufactured housing; administered certain funds and acted on behalf of the federal Department of Housing and Urban Development regarding implementation and enforcement of related regulations.
The State Fire Marshal established fire safety inspection programs for state and county buildings, public and private schools and reviewed plans for construction and remodeling.
In addition, the Department was responsible for interpreting and enforcing the terms of mobile home park rental agreements and applicable statutes through its hearing officer function. This responsibility also applied to statutes regulating condominiums and homeowners’ associations (planned communities) and included establishment of consumer protection procedures.
The Department traces its origins to two predecessor agencies: one related to fire safety and the second related to regulation of mobile homes and manufactured housing. The two agencies were eventually combined in 1986.
Laws 1962, Chapter 133 created the office of Commissioner of Public Building Safety, authorizing the Director of Insurance to enforce fire prevention and fire safety laws of the state and ordinances of cities and counties. This responsibility remained with the Director of Insurance until 1972.
In 1972 the Office of the Fire Marshal was established within the Industrial Commission and the Office of Commissioner of Public Building Safety was abolished (Laws 1972, Chapter 61).
Laws 1981, Chapter 149 transferred the Office of the Fire Marshal from the Industrial Commission to the Department of Emergency and Military Affairs, Division of Emergency Services and required the Director of DEMA to appoint the Fire Marshal. Personnel, equipment and funds were transferred from the Industrial Commission to DEMA. The legislation provided an effective date of January 1, 1982.
In 1972, the legislature established the Division of Building Codes within the Registrar of Contractors in order to regulate construction and installation of factory built buildings, mobile housing and recreational vehicles (both self-propelled or drawn by another vehicle). The Registrar of Contractors appointed the Director and a seven-member Building Codes Hearing Board, with the approval of the Governor. The Director was required to establish a schedule of fees that would generate sufficient funds to equal or exceed the anticipated annual budget of the Division. See Laws 1972, Chapter 143.
Laws 1977, Chapter 126 established the Division of Mobile and Manufactured Housing Standards (replacing the Division of Building Codes) within the Office of the Registrar of Contractors in order to regulate and license the construction, sale, installation and alteration of factory built buildings, mobile homes and recreational vehicles. The Director of the Division was appointed by the Governor. The measure also created the five-member State Board of Mobile and Manufactured Housing Standards, which replaced the Building Codes Hearing Board.
Laws 1981, Chapter 298 established the Office of Manufactured Housing, replacing the Division of Mobile and Manufactured Housing Standards formerly within the Office of Registrar and Contractors. The measure also created the Board of Manufactured Housing, replacing the Board of Mobile and Manufactured Housing Standards. In addition, the measure created the Installations Standards Committee in order to adopt rules relating to installation of manufactured homes and accessory structures.
Legislation adopted in 1986 established the Department of Building and Fire Safety, which combined the functions of the Office of Manufactured Housing and the Office of the Fire Marshal into one department and removed fire prevention and control authority from the Department of Emergency and Military Affairs (Laws 1986, Chapter 330).
Laws 2005, Chapter 245 changed the name of the Department of Building and Fire Safety to the Department of Fire, Building and Life Safety.
Laws 2006, Chapter 324 established an administrative hearing process to resolve disputes between a condominium or planned community HOA and its members. In 2010, the Arizona Court of Appeals decision in Gelb v. Department of Fire, Building and Life Safety ruled the statutory process for resolving disputes between a condominium or planned community HOA and its members was unconstitutional, because the Department lacked the appropriate jurisdiction. Subsequent legislation was adopted in 2011 to address the issues raised in the 2010 Court of Appeals decision. See Laws 2011, Chapter 185.
Laws 2014, Chapter 259 established regulations for trampoline courts to be administered by the Department of Fire, Building and Life Safety and outlined requirements for insurance, inspections and safety standards.
Laws 2016, Chapter 128 abolished the Department of Fire, Building and Life Safety and divided its duties and responsibilities among three existing state agencies:
* The measure placed the State Fire Marshal under the authority and direction of the State Forester. The responsibilities (to promote public health and safety, reduce fire hazards, conduct fire and arson investigations, provide public education, adopt fire protection codes and training standards, conduct ignition testing for cigarettes, and to regulate and register trampoline courts) remained essentially the same. The State Fire Safety Committee was changed to advisory status. Statutes related to the State Forester and the State Fire Marshal were transferred and renumbered as A.R.S. §§37-1301 through 37-1426. The heading for Title 37, Chapter 9 was revised to: Arizona Department of Forestry and Fire Management.
* The measure transferred the duties, responsibilities and programs related to the Office of Manufactured Housing to the Arizona Department of Housing.
* The measure transferred the responsibility to review complaints related to planned community and condominium associations to the Arizona Department of Real Estate.
Arizona Revised Statutes §§37-1301 through 37-1426 (Forestry and Fire Management)
Arizona Revised Statutes §§32-2199 through 32-2199.05 (Real Estate)
Arizona Revised Statutes §§41-4001 through 41-4065 (Housing)
Arizona Revised Statutes §§41-2141 et seq. (until July 1, 2016)
- Laws 1962, Chapter 133
- Laws 1972, Chapter 61
- Laws 1972, Chapter 143
- Laws 1977, Chapter 126
- Laws 1981, Chapter 149
- Laws 1981, Chapter 298
- Laws 1986, Chapter 330
- Laws 2005, Chapter 245
- Laws 2006, Chapter 324
- Laws 2011, Chapter 185
- Laws 2014, Chapter 259
- Laws 2016, Chapter 128
Arizona Auditor General Performance Audit: Building and Fire Safety. Report Number 1999-16.
Master List of State Government Programs www.ospb.state.az.us
Gelb v. Department of Fire, Building and Life Safety, 1 CA CV 09-0744, filed October 28, 2010
(Ct. App. 2010)
Related collections at Arizona State Archives:
RG 182 – Department of Fire, Building and Life Safety
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Arizona Department of Forestry and Fire Management
See also: Department of Fire, Building and Life Safety
The office of the State Forester was established in 1966. Originally part of the State Land Department, the State Forester was established as a separate position in 2004. In 2016, the State Fire Marshal was placed under the authority and direction of the State Forester. Statutes were reorganized as the Arizona Department of Forestry and Fire Management and may be found at A.R.S. §§37-1301 through 37-1426.
The Department of Forestry and Fire Management is responsible for prevention and suppression of wildland fire on state trust land and private property located outside incorporated communities. The responsibilities of the State Fire Marshal, incorporated into the Department in 2016, include promoting public health and safety, conducting fire and arson investigations, enforcing the state fire code, certifying fire standard compliant cigarettes, and certifying trampoline courts.
Laws 1966, Chapter 20 established the office and responsibilities of the State Forester. The law allowed the State Land Commissioner to either serve concurrently as the State Forester or to appoint a person to the position.
Laws 1974, Chapter 59 authorized the State Forester to suppress wildfires on state and private land and to cooperate with the State Fire Marshal to prevent fires on rural land and wildlands.
Laws 1990, Chapter 387 allowed the State Forester to request the Governor to declare a wildland fire emergency.
Laws 1997, Chapter 249 authorized the State Forester to prohibit fires and fireworks. If a prohibition was announced, the State Forester was required to notify the Secretary of State and the media.
Laws 2003, Chapter 245 required the State Forester to provide information to legislative committees concerning current conditions of forests in Arizona, policies related to forest management, the wildland-urban interface, and emergency management issues.
Laws 2004, Chapter 326 established the State Forester as a position separate from the State Land Commissioner. The Governor was required to appoint the State Forester, rather than allowing the State Land Commissioner to serve in that capacity. Duties of the State Forester were expanded.
Laws 2012, Chapter 135 required the State Forester to develop an annual plan to deploy various governmental resources for wildfire suppression activities.
Laws 2016, Chapter 128 abolished the Department of Fire, Building and Life Safety and divided its duties and responsibilities among three existing state agencies. The measure placed the State Fire Marshal under the authority and direction of the State Forester. The responsibilities (to promote public health and safety, reduce fire hazards, conduct fire and arson investigations, provide public education, adopt fire protection codes and training standards, conduct ignition testing for cigarettes, and to regulate and register trampoline courts) remained essentially the same. Statutes related to the State Forester and the State Fire Marshal were transferred and renumbered as A.R.S. §§37-1301 through 37-1426. The heading for Title 37, Chapter 9 was revised to: Arizona Department of Forestry and Fire Management.
Arizona Revised Statutes §§37-1301 through 37-1426
- Laws 1966, Chapter 20
- Laws 1974, Chapter 59
- Laws 1990, Chapter 387
- Laws 1997, Chapter 249
- Laws 2003, Chapter 245
- Laws 2004, Chapter 326
- Laws 2012, Chapter 135
- Laws 2016, Chapter 128
Office of the State Forester website: www.forestryandfire.az.gov
Related collections at Arizona State Archives: RG 195 – State Forestry Division
Authority for the State Foster Care Review Board (FCRB) can be found at A.R.S §8-515.04. The Board was established by Laws 1978, Chapter 102.FunctionThe FCRB, established within the Arizona Supreme Court, coordinates and reviews the activities of local foster care review boards across Arizona. There is at least one local board in each county. Members of the local board are appointed to three-year terms by the presiding juvenile court judge in that county. Generally, one local board is created for every 100 children who have been placed in out-of-home care. The FCRB also establishes training programs for local board members; this training is required in order to serve on a local board pursuant to A.R.S. §8-515.01(D). The Arizona Supreme Court adopts rules relating to the functions and procedures of both the FCRB and the local boards.Seven members of the FCRB are appointed by the Supreme Court and must have knowledge of the problems of foster care. The presiding juvenile court judge in each county appoints one member for every three local boards in the county; counties with a single local board appoint one member to the FCRB. The FCRB website also notes that they advise the juvenile court by sending their reports and recommendations to the judge in placement cases, as well as other interested parties (foster parents, attorneys, etc.).The number of local boards the FCRB oversees varies significantly by county. Apache, Coconino, Graham, Greenlee, La Paz, Navajo, and Santa Cruz counties each have one local board. The remaining counties have more than one local board: Maricopa (70), Pima (29), Pinal (6), Cochise (4), Mohave (4), Yavapai (3), Gila (2), and Yuma (2). The Phoenix metro area accounts for more than half the total.
Statutory authority for local foster care review boards is found at A.R.S. §§8-514.01 through 8-514.03.HistoryThe FCRB was created by Laws 1978, Chapter 102 in response to a concern that foster children were spending too long in temporary placements and out-of-home care (see “About” section of website). Originally, only five members of the FCRB were appointed by the Supreme Court. This legislation created both the FCRB and the local boards to advise juvenile court judges on children seeking permanent placements and to assess progress toward that goal. The FCRB was intended to be a coordinating body for the local boards, as well as providing training to the local boards which were made up of volunteers. The Supreme Court was authorized to hire a coordinator and other staff as it felt necessary to carry out the FCRB’s duties. The FCRB was also expected to make recommendations to the Supreme Court, Governor, and State Legislature on foster care statutes, policies, and procedures by January 15th each year. This requirement was repealed in 2003 as part of an omnibus bill that eliminated the requirement for state agencies to submit these types of reports. See Laws 2003, Chapter 104.Laws 1996, Chapter 65 increased the number of members appointed to the FCRB by the Supreme Court from five to seven. The law also required each local board to have at least five members (rather than a range of three to five).
- Arizona Revised Statutes
- A.R.S. §§ 8-515.01 through 8-515.04
- Session Laws
- Laws 1978, Chapter 102
- Laws 1996, Chapter 65
- Laws 2003, Chapter 104
- State Foster Care Review Board website: https://www.azcourts.gov/fcrb/
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