Administrative Histories G-I

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
  • Function
  • History
  • Sources where this information was located

For more information on Arizona state government history or on the entries in this collection, contact research@azlibrary.gov, or 602-926-3870.

List Provided by:

The State Library of Arizona
ARIZONA STATE LIBRARY, ARCHIVES AND PUBLIC RECORDS 
A  Division of the Arizona Secretary of State
Holly Henley, State Librarian

Agency Histories G-I (as of September 02, 2016)

G H I
Game and Fish, Department of Health Care Cost Containment System, Arizona (AHCCCS) Indian Affairs, Arizona Commission of
Gaming, Arizona Department of Health Services, Arizona Department of Industrial Commission of Arizona
Geological Survey, Arizona Homeland Security, Arizona Department of Insurance, Arizona Department of
Grain Research and Promotion Council Housing, Arizona Department of Interstate Stream Commission
Housing Finance Authority, Arizona Investment, State Board of

Agencies by Title

A-C D-F G-I J-L
M-O P-R S-U V-X

Game and Fish

Authority:

Laws 1881, Chapter 66 created the Commissioners of Fisheries.  They were replaced in 1912 by the State Game Warden under Laws 1912, Chapter 82.  Laws 1929, Chapter 84 established the Arizona Game and Fish Commission. Laws 1958, Chapter 80 made the Commission the administrator of the Game and Fish Department. Statutory authority is found at A.R.S. §17-101 et seq.

Function:

The Commission has a wide range of duties and oversight responsibilities set forth in statute. Those responsibilities include creating both broad policies and specific rules for managing, preserving and harvesting wildlife in Arizona. The Commission also regulates the sale, trade, importation, exportation, and possession of wildlife; creates and maintains facilities (game farms, fish hatcheries, etc.) related to preserving or propagating wildlife; and supervises public firing ranges. Commissioners are appointed to five-year terms and must be Arizona residents of at least five years standing.

History:

The territorial Commissioners of Fisheries was established in 1881 and consisted of three officers appointed by the governor. One officer was designated business agent for the board.  In 1912, the State Game Warden was appointed by the governor.  In 1929 the Game and Fish Commission was created. Members were required to be well informed on wildlife and conservation of animals, birds, and fish. The Commission appointed a state game and fish warden who was secretary to the Commission and who appointed deputy wardens, each in a different area of the state. The 1958 amendments increased membership of the Commission to five and replaced the State Game Warden with the director of the Game and Fish Department. Laws 2010, Chapter 22 provided additional guidance in selecting commissioners, enacting requirements to ensure board members come from a variety of backgrounds and organizations, including one from a nongame organization.

1881 Duties of the Commissioners of Fisheries included keeping minutes of the proceedings of the Board including a detailed list of expenditures; collecting and presenting statistics; preparing annual reports for the governor which included recommendations for legislative actions to promote the cultivation and increase of food fish in Arizona.  Other duties included securing the allotted quota of fish stock or fry (juvenile fish)  from the U.S. Commissioners of Fisheries; to purchase or procure fry of species deemed desirable in Arizona; to plant fry in the best area for success; and to make investigations on fish culture.

1912 The State Game Warden extended the duties of the Commissioners to include issuing hunting licenses or designating those authorized to issue them and revoking or renewing licenses; instituting the prosecution of violators of Laws 1912, Chapter 82; enforcing fish and game laws; issuing permits to capture, kill and/or transport wildlife for scientific or propagating purposes; redeeming of young animals for the purpose of saving their lives; keeping a record of monies received and all licenses, certificates, permits, and tags issued; and overseeing the game protection fund.

1929 Duties of the Game and Fish Commission expanded these responsibilities even further to include making rules and regulations and establishing services as necessary to carry out its provisions under Chapter 84; managing propagation and distribution of wild birds, animals, and fish; enforcing all laws for wildlife protection; changing in any way it deems necessary the limits in time or number the hunting and/or fishing sessions and game limits; establishing refuges; and closing any area to hunting or fishing.  At the end of each calendar year, each officer who issues licenses must forward all license stubs issued that year and a report of monies to the Commission.

1958 Since 1958, the duties of the Commission have expanded to include the authority to appoint a director of the Game and Fish Department, establish a volunteer group called the Arizona Game and Fish Department Reserve, bring a suit for the state against any person, corporation, or agency endangering wildlife by polluting water; enter into agreements with other states or the federal government; and produce wildlife publications.

2001-2011 Several additional responsibilities and duties were added in the new millenium. Laws 2001, Chapter 231 required the Commission to cooperate with the Arizona-Mexico Commission, as well as the university researchers associated with it. Similarly, Laws 2005, Chapter 78 authorized the Commission to enter into agreements related to participation in the Lower Colorado River Multispecies Conservation Program. In 2011, the Game and Fish Commission was authorized to adopt rules related to operating public shooting ranges (Laws 2011, Chapter 276).

Sources:

  • Laws 1881, Chapter 66
  • Laws 1912, Chapter 82
  • Laws 1929, Chapter 84
  • Laws 1958, Chapter 80
  • Laws 2001, Chapter 231
  • Laws 2005, Chapter 78
  • Laws 2010, Chapter 22
  • Laws 2011, Chapter 276
  • A.R.S. Title 17

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Arizona Department of Gaming (Department)

See also: Arizona Department of Racing and Arizona Racing Commission, Arizona State Boxing and Mixed Martial Arts Commission

Authority

The Arizona Department of Gaming was created in 1995 and assumed responsibility from the Arizona Department of Racing to monitor Indian gaming operations.  In 2015, the duties of the   Department were expanded to include regulation of commercial horse and dog racing, pari-mutuel wagering, boxing and mixed martial arts.   Statutory authority for racing and pari-mutuel wagering is found at A.R.S.§§5-101 et seq.; authority for boxing and mixed martial arts is found at A.R.S.§§5-221 et seq.; and authority for gaming is found at A.R.S. §§5-601 et seq.

Function

The Department regulates tribal gaming activities in accordance with the Arizona tribal-state gaming compacts.  Tribes that have executed compacts with the state are required to pay a share of the regulatory costs incurred by the Department.  A portion of the revenues received from tribal gaming is dedicated to programs to prevent problem gambling.  The Department certifies casino employees and investigates and certifies vendors who provide more than $10,000 per month of goods and services to gaming facilities.  The Department does not certify food and beverage personnel who are certified by the relevant tribe.  See Joint Legislative Budget Committee Fiscal Year 2016 Appropriations Report, for detailed information.

In 2015, the Legislature transferred the responsibilities of the Arizona Department of Racing to the Department of Gaming.  The consolidation conveyed regulatory authority for horse racing, dog racing, harness racing, pari-mutuel wagering, boxing and mixed martial arts to the Department of Gaming, effective July 3, 2015.  Legislation was enacted in 2016 prohibiting dog racing in Arizona, effective January 1, 2017.  Additional information on racing and boxing may be found in the agency histories for the Department of Racing and the Boxing Commission.

History

Background

The federal Indian Gaming Regulatory Act of 1988 established the framework for operation and regulation of Indian gaming on Indian lands. The Act established three classes of games and outlined the regulations for each class. (25 U.S.C., §§ 2701- 2721; 18 U.S.C., §§ 1166-1168).

Formal agreements, known as tribal-state gaming compacts, must be negotiated between the state and any tribe who wishes to conduct gaming activities on tribal land.   The Department was created in 1995 to regulate the gaming industry and to ensure compliance with Arizona tribal-state gaming compacts.

A succession of legal challenges during the 1990’s eventually led to a series of tribal-state compacts executed by Governor Hull and Governor Napolitano.  In addition, several ballot measures were proposed.   In 1996, Proposition 201 was approved by the electors at the November 5, 1996 general election.   In 2002, three measures were placed on the ballot.  Proposition 202, which provided that gaming compacts would last for 10 years with subsequent automatic renewals, passed. Proposition 200 and Proposition 201 failed.  https://gaming.az.gov/about/history/timeline

Session Laws

Laws 1992, Chapter 286 authorized the state to enter into negotiations to develop compacts which would permit gaming on Indian lands. The Arizona Department of Racing was designated as the state gaming agency, and was authorized to administer the compacts.  The Permanent Tribal-State Compact Fund was created, consisting of monies received from tribes as their share of the regulatory costs incurred by the Department of Racing to implement the compacts.

Laws 1993, First Special Session, Chapter 1 prohibited promotion and participation in specific gambling activities and classified a violation as a class 5 felony.  The law’s statement of purpose read: “It is the policy of the State of Arizona to criminally prohibit any type of casino activities conducted by any person, organization or entity for any purpose.”

Two measures were enacted the following year.  Laws 1994, Chapter 285 repealed Laws 1993, First Special Session, Chapter 1.  The measure also prohibited the Governor from concurring with any determination made by the U.S. Secretary of Interior that would permit gaming on lands acquired after October 17, 1988.

The second measure enacted in 1994 outlined the licensing and certification process for persons engaging in activities associated with tribal gaming.  The state gaming agency was authorized to employ hearing officers and investigators, to issue subpoenas and to receive criminal history records information from the Arizona Department of Public Safety and the Federal Bureau of Investigation in order to evaluate the fitness of applicants for licensing, certification and renewal. See Laws 1994, Chapter 123.

Laws 1995, Chapter 76 established the Department of Gaming, administered by a Director appointed by the Governor, to carry out the duties and responsibilities related to tribal-state gaming compacts.  The law transferred all matters, contracts, personnel, property, records, equipment and monies related to gaming from the Arizona Department of Racing to the Department of Gaming.

Laws 1996, Chapter 203 exempted the Department from rulemaking requirements.

Laws 2000, Chapter 14 raised the legal gambling age from 18 to 21 (for pari-mutuel wagering, lottery and Indian gaming facilities).

Laws 2000, Chapter 305 required tribal-state compacts to include guidelines regarding automated teller machine use, credit card use and availability of other forms of credit; established guidelines for treatment and prevention of problem and pathological gambling; and prohibited advertising and marketing to minors.

Laws 2002, Chapter 111 required tribes to certify employees and take steps to prevent corrupt influences from infiltrating Indian gaming.  The law also authorized the Department to determine the suitability of individuals and companies who apply to engage in Indian gaming activities.

Laws 2015, Chapter 19 transferred the responsibilities of the Arizona Department of Racing to the Department of Gaming, and established a Division of Racing and a Division of Boxing and Mixed Martial Arts within the Department of Gaming. The law conveyed regulatory authority for horse racing, dog racing, harness racing, pari-mutuel wagering, boxing and mixed martial arts to the Department of Gaming, including all administrative matters, contracts, property, assets, and personnel, effective July 3, 2015.

Laws 2016, Chapter 246 prohibited live greyhound racing in Arizona after December 31, 2016.  Existing dog tracks are allowed to conduct simulcast and advance deposit wagering.  Conforming legislation is required to be drafted by Legislative Council for consideration in 2017.

Sources

Arizona Revised Statutes §§5-601 et seq.

Session Laws

  • Laws 1992, Chapter 286
  • Laws 1993, First Special Session, Chapter 1
  • Laws 1994, Chapter 123 and Chapter 285
  • Laws 1995, Chapter 76
  • Laws 1996, Chapter 203
  • Laws 2000, Chapter 14 and Chapter 305
  • Laws 2002, Chapter 111
  • Laws 2015, Chapter 19
  • Laws 2016, Chapter 246

Arizona Auditor General Performance Audit: Department of Gaming.  Report No. 99-5, April 1999.  http://www.azauditor.gov

Arizona Department of Gaming website: www.gaming.az.gov

Arizona Department of Gaming: Committee of Reference Report: House of Representatives Committee on Judiciary and Senate Committee on Judiciary. Sunset review final report.  January 6, 2010.  http://azmemory.azlibrary.gov/cdm/ref/collection/statepubs/id/24566

Joint Legislative Budget Committee FY 2016 Appropriations Report, www.azleg.gov/jlbc/16AR  pages 177-180.

Related collections at Arizona State Archives:

Record Group 41 – Arizona Gaming Commission

Record Group 190 – Arizona Racing Commission

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Arizona Geological Survey

Authority – Transferred

The Arizona Geological Survey (AZGS) was established as an independent state agency by Laws 1987, Chapter 158, when it assumed the responsibilities of the Bureau of Geology and Mineral Technology. The Office of the State Geologist was created at the same time. In 2016 AZGS responsibilities were transferred to the University of Arizona and the Arizona Board of Regents (ABOR).  Statutory authority is found at A.R.S.§§27-101 through 27-110.

Function

The AZGS serves as a primary source of geologic information, including maps and reports; provides information and advice in matters related to geological processes and use of the state’s mineral resources; encourages the wise use of lands and mineral resources; and provides technical advice and assistance to the public and persons in the industry. As of 2016, ABOR directs the work of the AZGS and administers the Geological Survey Fund.  The State Geologist serves at the pleasure of ABOR.

History

The Arizona Geological Survey is the latest in a line of academic departments and state agencies serving the people of the Arizona Territory and now the State of Arizona. In 1883, then Territorial Governor Tritle, requested federal assistance in establishing a geologic survey for the Arizona Territory. The U.S. Congress responded in 1888 by creating the post of Territorial Geologist of Arizona. The unpaid position of Territorial Geologist first went to John F. Blandy, who served until the mid-1890s. Upon gaining statehood in 1912, the position of Territorial Geologist was abolished.

Territorial and state geologic agencies follow, in chronological order from earliest to most recent.

From 1893 until 1915, the role of geologic mapping and reporting was the responsibility of the University of Arizona Bureau of Mines. In 1915, the Arizona Bureau of Mines was established at the University of Arizona with Charles Willis as its first director.

In 1971, the first volume of Fieldnotes, a non-technical geologic newsletter was published.  Its successor, Arizona Geology, first issued in the fall of 1988 is still published quarterly. That same year Dr. William H. Dresher was named Director, and for the first time, State Geologist.

Laws 1977, Chapter 93 changed the name of the Bureau of Mines to the Bureau of Geology and Mineral Technology, and established it as a division of the University of Arizona. The geologic survey branch became responsible for assessing and informing the public about geologic hazards in Arizona.

Laws 1987, Chapter 158 established the State Geologist and the Arizona Geological Survey as an independent state agency, replacing the Bureau of Geology and Mineral Technology while maintaining strong collegial ties with faculty and staff at the University of Arizona.

In 1991, the AZGS became the institutional home of Arizona’s Oil and Gas Conservation Commission (OGCC) – a five-member commission charged with supporting and monitoring oil and gas exploration in the state. The US Geological Survey in conjunction with the AZGS opened the jointly run Tucson Earth Science Information Center in August 1992. AZGS moved to its present location at 416 W. Congress St., Tucson in July 1995.

In 2011, the AZGS assumed the responsibilities of the Department of Mines and Mineral Resources, including administrative matters, contracts, equipment, records and personnel (Laws 2011, Chapter 27).

Laws 2016, Chapter 128 transferred the responsibilities of the AZGS to the University of Arizona, under the jurisdiction of ABOR; provided the state geologist serves at the pleasure of ABOR (rather than the Governor) and modified certain duties of the AZGS.  The measure transferred the requirement, from AZGS to ADEQ, to provide administrative and staff support to the Oil and Gas Conservation Commission.  Also transferred to ADEQ was the requirement to appoint a person to administer provisions of law related to oil and gas.  The measure outlined a process to refurbish and open the former Mining and Mineral Museum, located on West Washington Street in Phoenix, if certain conditions are met by July 1, 2018.  Meeting the conditions determines whether the AZGS or the Arizona Historical Society operates the museum and affects the structure of the museum advisory council.

Sources

Arizona Revised Statutes

Session Laws

  • Laws 1977, Chapter 93
  • Laws 1987, Chapter 158
  • Laws 2011, Chapter 27
  • Laws 2012, Chapter 19
  • Laws 2016, Chapter 128

Arizona Geological Survey website: http://www.azgs.az.gov/history.shtml

Related collections at Arizona State Archives:  RG 67 – Arizona Geological Survey

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Sources:

Grain Research and Promotion Council (Council)

Authority

The Arizona Grain Research and Promotion Council was established in 1985.  Statutory authority for the Council is found at A.R.S. §§3-581 et seq.

Function

The Arizona Grain Research and Promotion Council (Council) was established to promote and develop Arizona’s grain industry.  Fees are assessed on grain produced in the state at a rate of up to five cents per hundred weight, and are deposited into the Arizona Grain Research Trust Fund.  The fee is prescribed by the Council annually.  Monies in the Fund are held in trust and are used for grain research projects and marketing programs.  The Council consists of seven members appointed by the Governor to three-year terms.  The Arizona Department of Agriculture provides administrative support for the Council.

In 2008, the Legislature transferred monies in various funds to the State General Fund.  In addition to transfers from several agricultural funds, $80,000 was transferred from the Arizona Grain Research Fund.  In August 2008, groups representing agricultural producers filed suit against the Governor, arguing the funds had been collected and were earmarked for specific purposes and should not have been swept or used for another legislative purpose.  The trial court ruled in favor of the plaintiff; however the appeals court reversed the decision, stating the enabling statutes did not preclude the Legislature’s authority to redirect funds to the State General Fund.   Arizona Farm Bureau Federation v. Brewer, 226 Ariz. 16, 243 P.3d 619 (2010). Legislation introduced in 2011 and 2012 addressed this issue.

History

Laws 1985, Chapter 63 established the Arizona Grain Research and Promotion Council consisting of nine Arizona grain producers, appointed by the Governor to terms of three years.  The law outlined the powers and duties of the Council, including the authority to assess a fee of up to 5 cents per hundred weight of grain sold through commercial channels.  The fees were to be used to develop and expand grain markets and to support grain research. The law established penalties for failure to remit fees and outlined a process for producers to request a refund of fees.  The law also included a process for growers to call for an election to determine whether the Council should be continued or terminated.

Laws 1986, Chapter 190 established the grain assessment at 2 cents per hundred weight until January 31, 1987.

Laws 1990, Chapter 374 established the Department of Agriculture, consolidating a number of agriculture-related agencies.  The measure also updated the petition threshold to conduct an election to recommend continuation or termination of the Council and its programs.

Laws 2001, Chapter 246 established the Arizona Grain Research Fund and required fees collected from producers to be deposited in the Fund, rather than in a commercial bank.

Laws 2005, Chapter 173 provided the Council discretionary authority to issue grants to fund studies and research related to:  reducing fresh water consumption in grain production; developing new grain varieties; and improving production, handling methods and harvesting equipment.

Laws 2006, Chapter 279, reduced council membership from nine members to seven.  The terms of incumbent members were not affected as the measure allowed the terms of two members to expire without replacement.

Laws 2011, Chapter 281 required the Council to hold fees collected from grain producers in trust.  The law also established the Arizona Grain Research Trust Fund, which replaced the Grain Research Fund. The law included an automatic repeal date of January 1, 2013 which would have returned the agricultural funds and programs to non-trust status.

Laws 2012, Chapter 248 permanently continued the agricultural trust funds and programs established by Laws 2011, Chapter 281 by eliminating the automatic repeal contained in the 2011 measure.

Sources

  • Arizona Revised Statutes, §§3-581 through 3-594
  • Session Laws
    • Laws 1985, Chapter 63
    • Laws 1986, Chapter 190
    • Laws 1990, Chapter 374
    • Laws 2001, Chapter 246
    • Laws 2005, Chapter 173
    • Laws 2006, Chapter 279
    • Laws 2011, Chapter 281
    • Laws 2012, Chapter 248
  • Arizona Department of Agriculture Annual Report 2015 https://agriculture.az.gov
  • Arizona Farm Bureau Federation v. Brewer, 226 Ariz. 16, 243 P.3d 619 (2010)

Related collections at Arizona State Archives:

  • Record group 9 – Department of Agriculture

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Arizona Health Care Cost Containment System

Authority

Laws 1981, Fourth Special Session, Chapter 1, effective February 8, 1982 established the Arizona Health Care Cost Containment System.  Statutory authority is found at A.R.S. §§36-2901 through 36-2999.

Function

Medicaid is a federal healthcare program for low-income individuals and families.

AHCCCS administers Arizona’s Medicaid program, which provides health insurance for low-income Arizonans based on eligibility criteria outlined in statute.  AHCCCS is governed by federal and state requirements and is jointly funded by federal, state and county government monies.   The federal Medicaid program allows each state to administer its own program.  AHCCCS operates according to a federal waiver and contracts with health plans to provide primary, acute and long-term care services to eligible recipients.   AHCCCS oversees programs for acute care, long term care, behavioral health and children’s care, and is responsible for determining eligibility and enrollment; monitoring quality of care; executing contracts with health plans and providers; and procuring services.

History

Background

Title XIX of the Social Security Act in 1965 created the federal Medicaid program to provide health care for low-income individuals and families who meet certain eligibility requirements.   The program is jointly funded by the federal and state governments.  Arizona did not initially participate in the federal program and county governments were responsible for the costs of health care for the poor.   AHCCCS, established in 1982 as an alternative to Medicaid, provides medical services to eligible persons through a managed care system. AHCCCS was the first statewide Medicaid managed care system in the U.S.  AHCCCS contracts with a number of public and private entities to provide services.  The providers receive a fixed monthly amount, or capitation payment, for each enrolled member.   Initially, AHCCCS covered only acute care, however additional programs have been implemented since 1982.  The Arizona Long Term Care System (ALTCS) was put in place in 1987 to provide long term care for the elderly, physically disabled and developmentally disabled.  In 1990, AHCCCS phased in mental health services and behavioral health coverage in response to federal requirements.  Children under age 19 receive medical services under Arizona’s Children’s Health Insurance Program, adopted in 1998.  Legislation has also been enacted to address comprehensive care for the elderly and nursing facility provider assessments.   The number of recipients has varied over time, impacted by available funding and modifications to eligibility requirements.

Session Laws

Laws 1981, Fourth Special Session, Chapter 1 established AHCCCS as a division within the Arizona Department of Health Services (ADHS).  It provided for hospitalization and medical care of the indigent sick; provided funding for the system; authorized the director to apply for federal funding; outlined responsibilities of counties, the Arizona Department of Economic Security (ADES) and the ADHS; prescribed requirements for eligibility, services, coverage and contracts; and executed prepaid capitated health service contracts.  Coverage was required to begin October 1, 1982.

Laws 1983, Chapter 304 modified AHCCCS legislation to clarify state and county responsibilities related to indigent health care coverage.  The measure specifically addressed ADHS authority, eligibility, coverage, reimbursable services and costs to counties.  The Arizona Auditor General was required to determine if changes in county responsibilities related to indigent health care had resulted in a shift of costs to or from any county.  The report was due by April 1, 1984 to the Governor, Legislature, and the Joint Legislative Budget Committee.

Laws 1984, Chapter 372 established AHCCCS as a stand-alone agency and transferred responsibilities, personnel, equipment and funds from ADHS to the newly created agency.

Laws 1986, Chapter 380 was an omnibus measure addressing eligibility, coverage, county contributions and penalties.  The measure also expanded coverage to eligible children less than six years of age and included a supplemental appropriation of $3.8 million for fiscal year 1986-1987 to cover operating and medical service expenditures.

Laws 1987, Chapter 332 established the Arizona Long Term Care System (ALTCS) in order to provide long term care for the elderly, physically disabled and developmentally disabled.

Laws 1989, Chapter 5 prescribed eligibility determinations, enrollment and coverage for qualified Medicare beneficiaries in accordance with the federal amendments to Title XIX of the Social Security Act and Title III of the Medicare Catastrophic Coverage Act of 1988.

Laws 1990, Chapter 334 phased in mental health services and behavioral health coverage in response to federal requirements.  The measure provided for mental health services for children under age18, including screening, diagnostic and treatment services.  AHCCCS was required to phase in implementation as of October 1, 1990 and to deliver services to all eligible persons by April 1, 1991.  A report on implementation of mental health services, including recommendations on the delivery system, was due to the Governor, the Legislature, AHCCCS, ADHS, ADES, the Arizona Department of Corrections, the Arizona Department of Education and the Arizona Supreme Court by December 31, 1991.

Laws 1998, Fourth Special Session, Chapter 4 established the Children’s Health Insurance Program (CHIP), which is a federal program administered by the states to provide health insurance to children from low-income families.  Arizona’s CHIP program covers children up to age 19 and is jointly funded by federal and state governments at a 3 to 1 matching rate.  Tobacco tax monies were dedicated to provide the state matching monies. A cap could be imposed on enrollment if the program exceeded the available funding.  In the event federal monies were unavailable, the program would be repealed and services would be terminated.   Note: the CHIP program was repealed in 2010 as part of the state budget, but was reinstated that same year by Laws 2010, Chapter 232.

In 2000, Arizona voters approved Proposition 204, a measure that expanded AHCCCS coverage to individuals with income at or below 100 percent of the federal poverty level.  The ballot measure dedicated settlement monies received as a result of a lawsuit filed against manufacturers of tobacco products as the source of funding to cover the costs of expansion.  Arizona’s share of the settlement monies was estimated at $3.2 billion over a 25-year period.  Prior to passage of Proposition 204, AHCCCS recipient’s net income could not exceed 34 percent of the federal poverty level.

Laws 2006, Chapter 307 established a program for comprehensive care for the elderly as an alternate model for ALTCS members who meet specified requirements.

Laws 2011, Chapter 31 made a number of changes to AHCCCS regarding eligibility, cost sharing, provider rates and hospital reimbursement, county contributions, prescription drugs, fraudulent payments, and transplant services.  The measure also transferred responsibility for the children’s rehabilitative services program from ADHS to AHCCCS.

Federal law allows states to impose an assessment on specified providers for health care items and services in order to receive federal matching funds. Laws 2012, Chapter 213 established an assessment on health care items and services provided in nursing care facilities in order to draw down federal monies to supplement Medicaid payments.

Laws 2013, First Special Session, Chapter 10 made a number of changes to AHCCCS regarding Medicaid expansion, hospital assessments, ambulance services, payments to hospitals, county contributions, and Medicare waivers.

Laws 2015, Chapter 195 transferred the administration of behavioral health services from ADHS to AHCCCS.

Sources

Arizona Revised Statutes §§36-2901 through 36-2999

Session Laws

Laws 1981, Fourth Special Session, Chapter 1

Laws 1983, Chapter 304

Laws 1984, Chapter 372

Laws 1986, Chapter 380

Laws 1987, Chapter 332

Laws 1989, Chapter 5

Laws 1990, Chapter 334

Laws 1998, Fourth Special Session, Chapter 4

Laws 2006, Chapter 307

Laws 2010, Chapter 232

Laws 2011, Chapter 31

Laws 2012, Chapter 213

Laws 2013, First Special Session, Chapter 10

Laws 2015, Chapter 195

AHCCCS Performance Audit, No. 12-07.  September 2012.  Arizona Auditor General Office www.azauditor.gov

AHCCCS website: http://www.azahcccs.gov

Health Care Under AHCCCS: an examination of Arizona’s alternative to Medicaid.  Howard E. Freeman and Bradford Kirkman-Liff

Master List of State Government Programs, January 2015. Governor’s Office of Strategic Planning and Budgeting (OSPB).  http://www.ospb.state.az.us

Proposition 204, Ballot measure approved November 4, 2000. See apps.azsos.gov/election/2000/Info/pubpamphlet/english/prop204

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Arizona Department Health Services (ADHS)

See also: Arizona Health Care Cost Containment System, Arizona Department of Environmental Quality, Vehicle Emissions Inspection Program

Authority

The Arizona Department of Health Services was established in 1973.  Current statutory authority is found at A.R.S. §§36-101 et seq.

Function

ADHS was established to protect the physical and mental health of Arizona citizens and to promote the highest standards for licensed health care institutions, emergency services and care facilities for adults and children.  Agency responsibilities have changed somewhat since its creation.

ADHS is responsible for a number of programs including: licensing and regulation of health care and child care facilities; disease control; immunization education and promotion; emergency preparedness; emergency medical services; state laboratory; public health statistics; and vital records which include birth and death certificates.  ADHS is responsible for operation of the Arizona State Hospital, a state-operated psychiatric inpatient facility providing treatment to adolescents and adults with serious mental illness. (Auditor General Report No. 09-11 and http://www.azdhs.gov)

History

Background

The State Board of Health existed from 1913 until 1974.  The State Department of Health existed from 1941 until 1974.  The successor agency, the Arizona Department of Health Services (ADHS), established in 1974, absorbed a number of agencies including the State Department of Health, Arizona Health Planning Authority, Crippled Children’s Services, Arizona State Hospital, Pioneers’ Home and Hospital, and the Anatomy Board.  ADHS also included the Water Quality Control Council, the Bureau of Air Pollution Control, Bureau of Air Quality Control, Bureau of Water Quality Control and the Bureau of Vehicular Emission Inspection.

The purpose of the act was to provide an integration of health services in a pattern to reduce duplication of administrative efforts, services and expenditures and promote a means for people with health problems to find a solution in a single department’s coordinated service.  (Laws 1973, Chapter 158 – Purpose)

Section 320 of the 1973 measure outlined specific requirements related to the effective date, a transition period and a plan of assumption for the functions that were transferred to ADHS.

The authority, funding, functions and programs that had been repealed and transferred to ADHS were allowed to continue for a period of time in order to allow for establishment of the new agency.  An executive order certifying a plan of assumption was required in order to establish an effective date for the new agency.  Governor Jack Williams issued a series of executive orders in 1974 (See EO 74-2, EO 74-3, EO 74-4, and EO 74-6).  The Director of ADHS was required to work with a legislative committee until July 1, 1975 regarding organization and operation of the Department.

Session Laws

Laws 1941, Chapter 105 established the State Department of Health, responsible for a number of programs, including maternal and child health, mental health and retardation, drug abuse, sanitation, medical services, hospital planning and construction, nursing, preventive health services, water quality, health records and statistics, the state laboratory, and local health administration.

Laws 1973, Chapter 158 established the ADHS, which assumed responsibility for a number of boards and agencies.  Section 320 of the act outlined specific requirements regarding the effective date, a transition period and a plan of assumption for the functions that were transferred to the ADHS.

Laws 1981, Fourth Special Session, Chapter 1 established the Arizona Health Care Cost Containment System (AHCCCS) as a division within ADHS.  It provided for hospitalization and medical care of the indigent sick; provided funding for the system; authorized the director to apply for federal funding; outlined responsibilities of counties, the Arizona Department of Economic Security and ADHS; prescribed requirements for eligibility services, coverage and contracts; and execution of prepaid capitated health service contracts.  Coverage began October 1, 1982.

Laws 1984, Chapter 372 established AHCCCS as a stand-alone agency and transferred responsibility, personnel, equipment and funds from ADHS to the new agency.

Laws 1986, Chapter 368 established a new state agency, the Arizona Department of Environmental Quality (ADEQ).  The measure transferred oversight of air quality, water quality, solid waste and hazardous waste, and outlined transition and succession of responsibility from ADHS to ADEQ.

Laws 1995, Chapter 257 required a sexually violent person, as determined by the courts, to be detained in the Arizona State Hospital.  The following year, legislation was enacted to place the person under the custody of ADHS, rather than the Arizona Department of Corrections.  See also Laws 1996, Chapter 315.

Laws 2000, Chapter 362 designated ADHS as the state’s recipient and administrator of federal Family Violence Prevention and Services Act grants.  The measure also designated the Governor’s Office as the state’s recipient of federal Stop Violence Against Women Act grants and designated the Arizona Department of Public Safety as the state’s recipient of federal Victims of Crimes Act grants.

Laws 2000, Fifth Special Session, Chapter 2 established the Serious Mental Illness Services Fund, consisting of monies appropriated to ADHS from the Tobacco Litigation Settlement Account in the state general fund.

Laws 2011, Chapter 27 transferred the Biomedical Research Commission to ADHS, including its duties and responsibilities, which are related to disease control and health research.

A second measure in 2011 transferred responsibility for the Children’s Rehabilitative Services, including personnel, equipment, records and funds, from ADHS to AHCCCS, effective July 1, 2011.  Laws 2011, Chapter 31.

Laws 2015, Chapter 19 transferred the administration of behavioral health services from ADHS to AHCCCS, effective July 1, 2016.  Administration of the Arizona State Hospital remained with ADHS.  The measure required conforming language to be drafted the following year in order to complete the transfer of responsibility (see Laws 2016, Chapter 122).

Sources

Revised Statutes of Arizona – 1913 Civil Code, paragraph 4367

Arizona Revised Statutes

Session Laws

  • Laws 1941, Chapter 105
  • Laws 1973, Chapter 158
  • Laws 1981, Fourth Special Session, Chapter 1
  • Laws 1984, Chapter 372
  • Laws 1986, Chapter 368
  • Laws 1995, Chapter 257
  • Laws 1996, Chapter 315
  • Laws 2000, Chapter 362
  • Laws 2000, Fifth Special Session, Chapter 2
  • Laws 2011, Chapter 27 and Chapter 31
  • Laws 2015, Chapter 19
  • Laws 2016, Chapter 122

Governor Jack Williams Executive Orders issued in 1974: EO 74-2; EO 74-3; EO 74-4; EO 74-6

Department of Health Services website: http://www.azdhs.gov

Sunset Review – Arizona Department of Health Services, September 2009.  Arizona Auditor General Report No. 09-11.  www.azauditor.gov

Related collections at Arizona State Archives:  RG 50 – Department of Health Services

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Arizona Department of Homeland Security

Authority

The Arizona Department of Homeland Security was established by Laws 2006, Chapter 317, replacing the Governor’s Office of Homeland Security.  Statutory authority is found at A.R.S.§§41-4251 et seq.

Function

The Arizona Department of Homeland Security (Department) was established to enhance the ability of the state to prevent and respond to acts of terrorism and other critical hazards. The Department provides strategic direction to develop regional capability and capacity to prevent terrorist attacks, enhance border security and reduce vulnerability to threats and hazards that affect the safety, well-being and economic security of Arizona citizens.

The Director of the Department, appointed by the Governor, is required to develop a statewide homeland security strategy and is authorized to manage federal grants awarded to the state for homeland security purposes. Statute establishes a Senior Advisory Committee, a Joint Legislative Committee on Homeland Security and five Regional Advisory Councils.

History

The Governor’s Office of Homeland Security was created by Governor Napolitano in 2003. The Arizona Department of Emergency and Military affairs served as the state agency to administer homeland security funds. In 2006, the legislature established the Department of Homeland Security to prevent and respond to acts of terrorism and other critical hazards. That measure also created the Department of Homeland Security Coordinating Council, the Joint Legislative Committee on Homeland Security and five Regional Advisory Councils.

In 2008, legislation was enacted requiring owners of fuel facilities to provide a written report to the Director regarding measures taken by the operators to protect the security of the infrastructure. The measure requires the Director to issue a report every five years, beginning in 2010, with recommended security measures for fuel facilities. Although the report must be submitted to the Governor, the President of the Senate, the Speaker of the House of Representatives and the operator of the fuel facility, maintenance and use of the report is bound by confidentiality protocols. Recipients of the reports are bound by confidentiality protocols as well.

Laws 2009, Chapter 25 replaced the Coordinating Council with the Senior Advisory Committee and increased the number of members on the regional advisory councils from 12 to 14.

Sources

  • A.R.S.§§41-4251 et seq.
  • Session Laws
    • Laws 2006, Chapter 317
    • Laws 2008, Chapter 262
    • Laws 2009, Chapter 25
  • Master List of State Programs www.ospb.state.az.us

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Arizona Department of Housing (Department)

Arizona Housing Finance Authority (Authority)

Authority

The Arizona Department of Housing and the Arizona Housing Finance Authority were established by Laws 2001, Chapter 22.  Statutory authority for the Department is found at A.R.S. §§41-3951 through 41-3957.  Statutory authority for the Arizona Housing Finance Authority is found at A.R.S. §§41-3901 through 41-3912.  Statutory authority for programs related to manufactured housing is found at A.R.S. §§41-4001 through 41-4049.

Function

The Arizona Department of Housing administers several programs and establishes policies and procedures to address housing issues of low and moderate income families, populations with special needs, housing affordability, and decaying housing stock.  Among others, it administers the Low-Income Housing Tax Credit program, the Community Development Block Grant program, home ownership assistance programs, programs to provide housing to populations with special needs and programs related to manufactured housing.

The Department provides technical assistance and oversight for local governments, public housing authorities, tribes, social service agencies and certain qualified individuals.  It is the designated state public housing agency defined by the US Housing Act of 1937 and as such, may accept federal housing assistance monies.  It serves as a pass through agency, administering federal funding programs designed to promote housing and community development activities.  Some of the federal stimulus monies directed to Arizona from the Housing and Economic Recovery Act of 2008 (HERA) and the American Recovery and Reinvestment Act of 2009 (ARRA) passed through the Department.  The Department receives no state general funds.  State Housing Trust Funds are used to provide required federal matching monies.  (AZ Auditor General Report, Number 10-05)

The Arizona Housing Finance Authority was established to serve as a bonding authority and to support affordable housing programs. The Authority is governed by a seven-member board of directors, appointed by the Governor to terms of seven years.  The Authority may accept and administer monies or property from federal agencies or others; enter into agreements, contract with, act as guarantor or coinsure with any federal, state or local government agency in connection with its responsibilities related to housing; and inspect any housing facility financed through its resources.  If the Authority acquires title to any real property, it may hold the title temporarily and must immediately begin a process to dispose of the property for its market value.  It may not accept title to real property by eminent domain (A.R.S. 41-3904).

History

In 1980, the Office of Economic Planning and Development (OEPAD) duties were expanded to provide certain housing services and to act as the state’s designated state public housing agency for purposes of accepting federal housing assistance funds.  The law also authorized the Housing Finance Review board to allocate federal funds to political subdivisions and qualified participants through OEPAD, based on housing conditions and needs in the state (Laws 1980, Chapter 222). OEPAD duties were transferred to the Arizona Department of Commerce, Office of Housing Development by Laws 1984, Chapter 318.

Legislation enacted in 2001 transferred the responsibilities of the Arizona Department of Commerce, Office of Housing Development to the Office of Housing Development in the Governor’s Office effective January 1, 2002.  The responsibilities were subsequently transferred to the Department of Housing, effective October 1, 2002.  See Laws 2001, Chapter 22.  Note: for more information on the Arizona Department of Commerce, please refer to the history for that agency.

Laws 2001, Chapter 22 also established the Arizona Housing Commission, consisting of 18 members appointed by the Governor to four-year terms.  The law also established several funds, including the Housing Trust Fund, consisting of monies from unclaimed property, used for projects related to affordable housing and Housing Finance Authority programs; the Housing Development Fund, to provide funding for an affordable housing demonstration project in areas where state prison facilities exist; and the Arizona Department of Housing Program Fund used to cover administrative costs of Department programs or programs of the Arizona Housing Finance Authority. See A.R.S. §§41-3955 through 40-3957.

The same year, Laws 2001, Chapter 368 added three members to the Arizona Housing Commission and modified eligibility criteria to serve as a member.

Laws 2002, Chapter 283 transferred all powers and duties concerning bonds issued and any assets received by the former Arizona Housing Finance Review Board to the Arizona Housing Finance Authority.

Laws 2011 Chapter 28 established the Seriously Mentally Ill Housing Trust Fund, to be administered by the Director of the Arizona Department of Health Services. The law designated a portion of unclaimed property as a funding source and established reporting requirements.

Laws 2014, Chapter 229 repealed the Arizona Housing Commission.

In 2015, the responsibility to provide behavioral health services was transferred from the Arizona Department of Health Services to the Arizona Health Care Cost Containment System (AHCCCS). Administration of the Seriously Mentally Ill Housing Trust Fund was transferred to AHCCCS as well (Laws 2015, Chapter 195, effective July 1, 2016).  A second measure relating to housing was enacted in 2015, allowing the SMI Housing Trust Fund to be used to provide rental assistance to persons with a serious mental illness (Laws 2015, Chapter 312).

Laws 2016, Chapter 128 abolished the Department of Fire, Building and Life Safety and divided its duties among three existing state agencies (the Department of Housing, the State Forester and the Department of Real Estate).  The measure transferred the duties, responsibilities and programs of the Office of Manufactured Housing to the Department of Housing, including administration of the Mobile Home Parks Residential Landlord and Tenant Act.

Sources

Arizona Revised Statutes §§41-3901 et seq., §§41-3951 et seq. and §§41-4001 et seq.

Session Laws

  • Laws 1980, Chapter 222
  • Laws 1984, Chapter 318
  • Laws 2001, Chapter 22 and Chapter 368
  • Laws 2002, Chapter 283
  • Laws 2011, Chapter 28
  • Laws 2014, Chapter 229
  • Laws 2015, Chapter 195 and Chapter 312
  • Laws 2016, Chapter 128

Arizona Auditor General Performance Audit: Arizona Department of Housing. Report No. 10-05 www.azauditor.gov

Master List of State Programs: Arizona Department of Housing www.ospb.state.az.us

Related collections at Arizona State Archives:

Record Group 36 – Arizona Office of Economic Planning and Development

Record Group 187 – Department of Housing

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Arizona Commission of Indian Affairs (1953-2016)

See: Governor’s Office on Tribal Relations

Authority – Transferred

Laws 1953, Chapter 50 created the Arizona Commission of Indian Affairs (ACOIA). Statutory authority was found at A.R.S. §§ 41-541 through 41-545 until 2016.  Certain statutory provisions were repealed while others were modified and transferred to the Governor’s Office on Tribal Relations.  Statutory authority for the new agency is found at A.R.S. §§41-2051 through 41-2054.   See Laws 2016, Chapter 150.

Function

ACOIA’s original charge was to study and compile information on all aspects of Native American life in Arizona and facilitate cooperation between the state and federal governments. Those duties still largely described ACOIA’s purpose until 2016.  The ACOIA assisted and supported Indians and tribal councils in the state and worked to enhance relationships between the State of Arizona and tribal entities.  (Laws 2001, Chapter 74, Section 3 – Purpose).   ACOIA was responsible for helping federal and state agencies cooperate with tribal councils and Native Americans in Arizona. This included assembling and making available facts needed by tribal, state, and federal agencies; offering recommendations to the governor and legislature on the state’s responsibility to Native Americans; promoting increased involvement by Native Americans in state and local affairs; assisting tribal groups to develop increasingly effective methods of self-government; and assisting urban Native Americans. ACOIA was authorized to request information from state and local public employees unless disclosure was prevented by law. The ACOIA was also authorized to publish an annual directory of tribal governments and other tribal and Native American related organizations.

The Commission consisted of 20 members. The following were ex officio members: the Governor; the Superintendent of Public Instruction; the directors of the departments of Health Services, Transportation, Economic Security, and Gaming; the director of the Office of Tourism; the chief executive of the Arizona Commerce Authority; and the Attorney General. The Governor also appointed four at large members (one representing a nonprofit agency) and seven members chosen from Arizona tribes (based on names submitted by tribes or tribal councils). Members served three-year terms.

History

ACOIA was created in 1953 to study Native American life, compile information about all aspects of Native American life, and facilitate cooperation between the Bureau of Indian Affairs (BIA) and the state government. ACOIA was required to publish an annual report as well as other reports, if requested by the Governor.

Initially the commission included only 11 members; four ex officio members (Governor, Superintendent of Public Instruction, director of Public Health, Attorney General) and seven appointed members (two at large, non-Indian members and five members of Arizona tribes). The Commission was required to meet at least two times a year.  Members who failed to attend three consecutive meetings were considered to have resigned.

Laws 1973, Chapter 99 allowed ACOIA to employ staff.

Laws 1974, Chapter 23 increased the number of members of Arizona tribes appointed to ACOIA from five members to seven; required ACOIA to receive permission from the appropriate tribal council before starting or assisting with a program on a reservation; and allowed ACOIA to apply for, receive and expend gifts, grants of money and property.

Laws 1986, Chapter 37 added the directors of the departments of Transportation and Economic Security as ex officio members of ACOIA.  The measure also required the Commission to meet at least quarterly; modified ACOIA’s powers and duties; and authorized the Governor to appoint an executive director.

Laws 1990, Chapter 36 authorized the ACOIA to publish an annual directory of tribal governments and other related organizations and established the Indian Affairs Commission Publications Fund (A.R.S. § 41-543).

Laws 1999, Chapter 53 added the director of the Office of Tourism and the director of the Department of Commerce as ex officio members of ACOIA.

Laws 2002, Chapter 197 expanded the ACOIA powers and duties by requiring assistance to urban Native Americans and facilitating an annual “Indian Nations and Tribes Legislative Day.”  The measure also created an Arizona Indian Town Hall Fund to defray the costs of town hall meetings and limited the amount that could be expended in a single fiscal year to $15,000.

Laws 2011, Chapter 110 added the director of the Department of Gaming as an ex officio member of ACOIA and increased the number of appointive members to 11 by adding two at large members.  The measure also specified that an appointed member could be removed either by the Governor or at the request of the tribe or tribal council that nominated the member and deleted the expenditure cap of $15,000 per fiscal year.

Laws 2012, Chapter 170 added the chief executive officer of the Arizona Commerce Authority as an ex officio member, replacing the director of the Department of Commerce.

Laws 2016, Chapter 150 repealed the ACOIA and established a new entity, the Governor’s Office on Tribal Relations, which succeeded to the authority, powers, duties and responsibilities of the ACOIA, effective July 1, 2016.   Equipment, records, property, data, obligations and unspent or unencumbered monies were transferred as well. Prior actions and valid obligations of the ACOIA in existence on the effective date of the measure were not altered.

Sources

A.R.S. §§ 41-541 through 41-545 (until July 1, 2016)

Session Laws

  • Laws 1953, Chapter 50
  • Laws 1973, Chapter 99
  • Laws 1974, Chapter 23
  • Laws 1986, Chapter 37
  • Laws 1990, Chapter 36
  • Laws 1999, Chapter 53
  • Laws 2001, Chapter 74
  • Laws 2002, Chapter 197
  • Laws 2011, Chapter 110
  • Laws 2012, Chapter 170
  • Laws 2016, Chapter 150

Related collections at Arizona State Archives:  RG 26 – Commission of Indian Affairs

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Industrial Commission of Arizona

See also:  State Compensation Fund

Authority

The Industrial Commission of Arizona (ICA) was created in 1925 to oversee state programs related to workplace safety and workers compensation (Laws 1925, Chapter 83). The Arizona Constitution, Article 18 outlines provisions related to labor and Section 8, adopted in 1925, specifically addresses worker’s compensation.

Statutory authority is found in Arizona Revised Statutes, Title 23. In addition to general provisions establishing the ICA, statute prescribes powers and duties relating to employment practices and working conditions; worker’s compensation; and private employment agencies. (See A.R.S.§§ 23-101 et seq., 23-201 et seq., 23-901 et seq., and 23-521 et seq.)

Function

The Industrial Commission is a regulatory agency that oversees a number of functions related to employment in Arizona. Its purpose has remained essentially the same since it was created in 1925. The Commission is responsible for labor related issues regarding occupational safety and health,  youth employment laws, resolution of wage-related disputes, minimum wage, vocational rehabilitation, and worker’s compensation coverage. The ICA also conducts investigations of “whistleblower” discrimination complaints filed by employees against their employer. The ICA Administrative Fund is funded by annual assessments on worker’s compensation premiums.

History

When Laws 1925, Chapter 83 initially created the Industrial Commission, it specified a governor- appointed commission of three members serving six year terms.  Commissioners were prohibited from holding any other position and were paid an annual salary of $5,000. The Commission was empowered to hire employees, although new hires had to be approved by the Governor.

Commissioners were given broad powers, including the right to enter any “place of employment” for the purpose of collecting facts and statistics. They were expected to administer and enforce laws regarding the safety and well-being of employees, promote out of court dispute resolution (mediation, arbitration), collect and publish statistics related to employment and employees, create free employment assistance agencies, and investigate any petition regarding unsafe unemployment.

The Commission could be petitioned for a hearing on the reasonableness and lawfulness of any Industrial Commission order and no court proceedings could be initiated against the Commission until a hearing petition had been filed and addressed.

Lastly, the Commission created and ran a State Compensation Fund, which offered liability insurance to employers.

Laws 1943, Chapter 26 made the Commission the exclusive remedy in cases of “occupational diseases,” as well as creating a liability insurance fund to cover compensation for employees who contracted an occupational disease as a result of their employment.

The Commission was expanded to five members serving five-year terms by Laws 1968, 4th Special Session, Chapter 6. The Commission was authorized to hire a director, who in turn was required to hire hearing officers who were members of the state bar. A Division of Safety was also created to establish safety standards for various industries and to investigate violations.

The State Compensation Fund, which had been a part of the ICA, was established as a separate agency by Laws 1968, 4th Special Session, Chapter 6 to provide a ready market for worker’s compensation insurance coverage for Arizona employers. A board and manager were also put in place to oversee the State Compensation Fund, with the manager handling day-to-day operations of the Fund.

Laws 1980, Chapter 246 replaced hearing officers with administrative law judges who reported to the State Personnel Commission rather than the Board.

The State Compensation Fund continued until January 1, 2013 when it was privatized and replaced by a successor mutual insurer corporation that assumed all liabilities and assets of the SCF.  The successor was Copper Point Mutual Insurance Company. (See Laws 2010, Chapter 268 and Laws 2011, Chapter 157.)  Note: The State Compensation Fund history is included elsewhere in this document.

Laws 2012, Chapter 321 required the director of the Industrial Commission to be confirmed by the Senate and serve at the pleasure of the Governor.  Previously the director could only be dismissed for cause.

Laws 2016, Chapter 128 required personnel of the Division of Occupational Safety and Health review board to be employed and supervised by the Industrial Commission Director, rather than the chairman of the review board.

Sources

Arizona Constitution, Article 18, Section 8

Arizona Revised Statutes

Session Laws

  • Laws 1925, Chapter 83
  • Laws 1943, Chapter 26
  • Laws 1968, Fourth Special Session, Chapter 6
  • Laws 1980, Chapter 246
  • Laws 2010, Chapter 268
  • Laws 2011, Chapter 157
  • Laws 2012, Chapter 321
  • Laws 2016, Chapter 128

Industrial Commission of Arizona:  www.ica.state.az.us

Master List of State Programs:   www.ospb.state.az.us

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Arizona Department of Insurance

Authority

Authority for the Department of Insurance is found in both the Arizona Constitution and the Arizona Revised Statutes. The Arizona Constitution, Article 15, Section 5 requires domestic and foreign insurers to be subject to licensing, control and supervision by a department of insurance as prescribed by law.

Arizona Revised Statutes, Title 20, outlines insurance law and establishes the Department of Insurance. The Director of the Department of Insurance, appointed by the Governor, has general authority to enforce insurance laws, to adopt rules, and to investigate and resolve consumer complaints (A.R.S.§20-101 et seq.).

Function

The Department’s mission is to “promote a strong insurance marketplace through consumer protection, sound financial regulation, and economic development” (https://insurance.az.gov).

The objectives of the Department are to “administer the state’s insurance laws, protect the citizens of this state who purchase insurance, provide a better response to the needs of persons who purchase insurance, stimulate the insurance market by encouraging competition, protect the public from unregulated insurers and represent insurance consumers’ interest” (Laws 2010, Chapter 13).

The Department consists of several divisions:

Administrative Services Division; Captive Insurance Division; Consumer Affairs Division; Financial Affairs Division; Information Services Division; Investigations Division; Rates and Forms Division (which includes life, health, property and casualty insurance); and Receivership Division.

The Department’s Insurance Guaranty Funds provide a safety net to protect consumers from financial loss if an insurance company becomes insolvent.  Subject to some conditions and limitations, the Life and Disability Insurance Guaranty Fund and the Property and Casualty Insurance Guaranty Fund pay certain claims of policyholders and other claimants owed by an insolvent insurance company.

History

In 1913, Arizona’s First Legislature established the Corporation Commission, and the Division of Insurance was included within the Commission. The Division’s original goals were to protect insurance consumers within the state and to ensure insurer solvency.  The 1962 Annual Report states:  “…insurance laws and the authority of the Director were periodically reviewed and rendered stronger and more comprehensive.  These improvements took place most notably in 1915, 1928, 1933, 1943 and 1947.”

In 1954 the Legislature enacted a state insurance code, which revised and codified all the state insurance laws in place at that time.  The law also repealed prior versions of state insurance laws which had been adopted since 1913.  The “Arizona Insurance Code” regulated insurance companies, the insurance business, the sale and solicitation of insurance, and prescribed penalties.  The Insurance Code also levied taxes and provided for their disposition.  (Laws 1954, Chapter 64, effective January 1, 1955).  In addition, the law provided for a Director of Insurance, who was appointed by the Arizona Corporation Commission.

In 1962, the responsibilities of the Director of Insurance were expanded.  Laws 1962, Chapter 133 created the office of Commissioner of Public Building Safety, designating the Director of Insurance as the administrator with authority 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 when the office of Commissioner of Public Building Safety was abolished and the Office of Fire Marshal was established within the Industrial Commission.   See Laws 1972, Chapter 61.  Note: A history of the Department of Fire, Building and Life Safety is included as a separate entry, elsewhere in this document.

The Department of Insurance was created as a separate agency in 1968 (Laws 1968, Chapter 197).   In order to create the Department, a constitutional amendment was necessary because the Department would assume authority for licensing, control and supervision of domestic and foreign insurers, a power that had been solely the jurisdiction of the Corporation Commission.  The constitutional amendment to Article 15 was approved by voters in the general election of November 1968.  It transferred the authority to regulate insurance companies from the Corporation Commission (by modifying the first paragraph of Section 5) to the Department of Insurance (by adding the second paragraph to Section 5).  The second paragraph also authorized establishment of the Department of Insurance and required the Governor to appoint the department director.

The Department of Insurance has remained a separate agency since 1968, and has been subject to sunset review several times. The Department was most recently renewed in 2010 pursuant to Laws 2010, Chapter 13.

Sources

  • Arizona State Constitution, Article 15, Section 5
  • A.R.S.§§20-101 et seq.
  • Session Laws
    • Laws 1913, Chapter 94
    • Laws 1954, Chapter 64
    • Laws 1962, Chapter 133
    • Laws 1968, Chapter 197
    • Laws 1972, Chapter 61
    • Laws 2010, Chapter 13
  • Arizona Administrative Code:  R20-6-101 et seq.
  • Master List of State Programs
  • Arizona Department of Insurance, Sunset Review Report (2009) (State Library of Arizona, State Documents Collection, ID 1.2:S 85/ 2009)
  • A Consumer’s Guide to the Arizona Department of Insurance (ADOI, 2015) https://insurance.az.gov/home/about-adoi
  • Annual Report; Insurance Department of Arizona. “Fifty Years of Successful Regulation of Insurance in Arizona.” August 1, 1962.

Related collections at Arizona State Archives

  • Record Group 172 Insurance, Arizona Department of

Publication locations within State Documents Collection at State Library:

  • CC 7 Insurance Division
  • ID 1 Dept. of Insurance
  • ID 2 Fraud Unit
  • ID 3 Consumer Affairs Division
  • ID 6 Joint Underwriting Plan
  • ID 8 Commission on Property and Casualty Insurance

Interstate Stream Commission

Authority: (Transferred)

Laws 1948, Third Special Session, Chapter 4 established the Interstate Stream Commission, transferring responsibilities previously held by the State Land Commissioner since 1945.  In 1971 the Interstate Stream Commission was abolished, replaced by the Arizona Water Commission.  In 1980 the Arizona Water Commission was abolished, replaced by the Arizona Department of Water Resources.

Function:

The Interstate Stream Commission was created in 1948 to protect, prosecute, and defend Arizona’s rights, privileges and claims to interstate streams, especially the Colorado River.  The Commission prepared the state’s case against California in the U.S. Supreme Court, which secured Arizona’s right to 2.8 million acre feet under the Colorado River Compact of 1922  (Arizona v California,  decided June 3, 1963).

History:

Significant disputes had developed by the early 1920’s among several western states regarding the Colorado River, especially rights to the waters of the river, proposed flood control measures, and other proposed developments intended to generate hydroelectric power.   Arizona established various commissions from time to time to address issues relating to the Colorado River.  For additional related information, see histories for the Colorado River Commission, the Colorado River Boundary Commission and the Colorado River Boundary Markers Division, found elsewhere in this compilation.

The Colorado River Commission, first established in 1927, represented Arizona’s interests during negotiations with six other states regarding division and apportionment of the waters of the Colorado River and its tributary streams. The states involved in negotiations were Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming. The Colorado River Commission was repealed in 1945 and its responsibilities were divided between the Arizona State Land Commissioner, who also served as the State Water Commissioner, and the Arizona Power Authority (Laws 1945, First Special Session, Chapter 14).

In 1948, the seven-member Interstate Stream Commission (ISC) was established and assumed specific powers and duties from the Arizona State Land Department and the State Land Commissioner in his capacity as the State Water Commissioner.  Legislation enacted that year outlined the responsibilities of the ISC and also transferred files, records, papers and documents from the Arizona State Land Department to ISC (Laws 1948, Third Special Session, Chapter 4).

The ISC was authorized to: prosecute and defend Arizona’s interstate stream rights, claims and privileges; formulate plans and programs to develop, control and use the waters of interstate streams; participate in court proceedings; negotiate with federal and state agencies; hold permits and licenses for reservoirs, dam sites and rights of way; and recommend action to the Governor and Legislature regarding contracts and agreements with other states or governments.   The ISC prepared the state’s case against California in the U.S. Supreme Court, which ultimately secured Arizona’s right to 2.8 million acre feet pursuant to the Colorado River Compact of 1922  (Arizona v California,  decided June 3, 1963).

The ISC existed until 1971when it was replaced by the Arizona Water Commission (Laws 1971, Chapter 49).  The Arizona Water Commission was also responsible for oversight of dam safety, watershed management, hydrologic data collection, and licensing of weather modification projects.  Administration of water rights continued to rest with the State Land Department.  (www.azwater.gov)

The Arizona Water Commission was replaced by the Arizona Department of Water Resources in 1980 (Laws 1980, Fourth Special Session, Chapter 1).  The newly created Arizona Department of Water Resources (ADWR) assumed responsibility for all state water laws (except those laws related to water quality) regarding surface water, groundwater, water planning and conservation.  The law also authorized the Director of ADWR to act on behalf of the state with respect to issues pertaining to the Colorado River (A.R.S. §§ 45-105 and 45-107) and to cooperate with the U.S. Secretary of Interior with respect to management and operation of the Colorado River.  The Lake Mead Contract, the Colorado River Compact and the Upper Colorado River Basin Compact are also included in statute.  See A.R.S. §§ 45-1301, 45-1311 and 45-1321.

Histories for the Arizona Water Commission, the State Land Department and the Department of Water Resources are located elsewhere in this compilation.

Sources:

Arizona Revised Statutes §§45-105, 45-107, 45-1301, 45-1311 and 45-1321.

Session Laws

Laws 1945, First Special Session, Chapter 14

Laws 1948, Third Special Session, Chapter 4

Laws 1971, Chapter 49

Laws 1980, Fourth Special Session, Chapter 1

Arizona v California, 373 U.S. 546 (1963)

Arizona Department of Water Resources website: http://www.azwater.gov

Report on General State Organization: Volume Two. Griffenhagen and Associates.  December 14, 1949.  Page VI-1

Related collections at Arizona State Archives:

RG 25 – Arizona Colorado River Commission

RG 59 – State Land Department

RG 75 – Arizona Power Authority

RG 95 – Arizona v. California

RG 141 – Interstate Stream Commission

RG 142 – Department of Water Resources

MG 25 – George W.P. Hunt

MG 53 – Central Arizona Project

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State Board of Investment

Authority

The State Board of Investment was established pursuant to requirements of the Arizona Constitution, Article 10, Section 7.  Statutory authority is found at A.R.S. §§35-311.

Function

The Arizona Constitution requires the Legislature to establish a Board of Investment to serve as trustees of the permanent land trust fund and to provide for the management of the funds consistent with specific conditions (Arizona Constitution, Article 10, Section 7).  The Board also reviews investment of state treasury monies and serves as trustee of any state, tribal and political subdivision endowment funds.

The Treasurer is required to provide a monthly report to the Board regarding the performance of current investments.  The Board is authorized to order the Treasurer to sell any securities.  An order must describe the specific securities to be sold and the time period during which they are to be sold.

History

Laws 1980, Chapter 108 established the State Board of Deposit to review investments for the permanent endowed funds, provide direction to the State Treasurer and to insure that public monies were invested according to established guidelines.  The Board of Deposit consisted of the State Treasurer, the Director of the Department of Administration and the Superintendent of Banks.

Laws 1987, Chapter 184 established a five-member Board of Deposit, made up of the State Treasurer, the Director of the Department of Administration, the Superintendent of Banks and two members appointed by the Treasurer, and revised the duties of the Board.

Laws 1996, Chapter 64 required the Board to review investments of treasury monies, rather than permanent endowment funds.

Laws 1998, Chapter 69 changed the name of the Board to the “Board of Investment” and prescribed qualifications for the two members appointed  by the State Treasurer.

Laws 1999, Chapter 74 specified the Board serve as trustees of the permanent state land funds and manage the assets according to requirements of the Arizona Constitution.   (See Proposition 102, approved at the 1998 general election)

Laws 2003, Chapter 264 required the State Treasurer and the Board of Investment to comply with agreements made by the School Facilities Board regarding investment of assets of the permanent state school fund (See section 34).

Laws 2004, Chapter 188 changed the name of the Arizona State Banking Department to the Department of Financial Institutions and made a conforming change to the title of the Board member representing that institution.

Laws 2008, Chapter 136 required the Board to serve as trustees of any state, tribal or political subdivision endowment funds established pursuant to agreement between the State Treasurer and the relevant governing body.

Laws 2011, Chapter 357 established the Defined Contribution and Retirement Study Committee consisting of 13 members, including the five members of the Board of Investment.  A final report with recommendations on the feasibility and cost of transferring existing members of a public retirement system and providing a defined contribution plan for newly hired public employees was due by December 31, 2012.

Sources

Arizona Constitution

Arizona Revised Statutes

Session Laws

  • Laws 1980, Chapter 108
  • Laws 1987, Chapter 184
  • Laws 1996, Chapter 64
  • Laws 1998, Chapter 69
  • Laws 1999, Chapter 74
  • Laws 2003, Chapter 264
  • Laws 2004, Chapter 188
  • Laws 2008, Chapter 136
  • Laws 2011, Chapter 357

Arizona Secretary of State, Historical Election Information – 1998. website: www.azsos.gov

Arizona State Treasurer website: www.aztreasury.gov

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