Administrative Histories S-U

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 S-U (as of September 02, 2016)

S T U
School Facilities Board Tax Appeals, State Board of
Schools for the Deaf and Blind, Arizona State (ASDB) Technical Registration, Board of
Soldier Settlement Board / Arizona land Settlement Commission Tourism, Arizona Office of (AOT)
Transportation, Arizona Department of (ADOT)
Schools for the Deaf and Blind, Arizona State (ASDB) Tribal Relations, Governor’s Office on

Agencies by Title

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

School Facilities Board (Board)

Authority

The School Facilities Board (Board) was established by Laws 1998, 5th Special Session, Chapter 1. Statutory authority for the Board can be found at A.R.S. §§15-2001 et seq.

Function

The purpose of the Board is to evaluate the school capital needs of K-12 school districts, distribute monies to school districts in order to address existing deficiencies, and to provide funds for building renewal and new school construction (Laws 2008, Chapter 287).  The Board is charged with overseeing school facilities and equipment in Arizona, as well as distributing grant funding related to school facilities and equipment. To this end, the board maintains a database of school facilities; inspects school facilities to ensure safety and maintenance compliance; certifies and drafts school facility plans; creates documentation for the grant application process;  and submits funding projections to the Joint Committee on Capital Review (see A.R.S. §15-2002 for a detailed list of powers and duties).

The Board is empowered to contract for private services, construction project management services, assessments of school buildings to determine if they have outlived their useful life, and services related to land acquisition and development of a school site.

The Board is made up of nine members appointed by the Governor according to the following criteria: 1) an elected member of a school district board with finance experience, 2) a private citizen who represents an organization of taxpayers, 3) a person with knowledge and experience in school construction, 4) a professional architect with knowledge and experience in school architecture, 5) a person with experience managing school facilities in a public school system, 6) a person with knowledge and experience in demographics, 7) a teacher currently providing classroom instruction, 8) a registered engineer with knowledge and experience in school engineering,  9) an owner or officer of a private business. The Superintendent of Public Instruction (or the SPI’s designee) serves as a non-voting advisory member.

An executive director is appointed by the Governor and is required to have expertise in school finance, facilities design, or facilities management. The director oversees the implementation of  the grant application review process, assists the Board with a variety of tasks, assists school districts with facilities related issues, and reviews or audits the spending of grant monies (see A.R.S. §15-2002(C) for a detailed list).

The Board is also authorized to enter into or approve a school district board entering into a lease-to-own for school facilities, up to a maximum of $200 million in a single fiscal year (see A.R.S. §§15-2004 and 15-2005 for specifics).

Funds

The Board administers several funds including the Capital Reserve Fund, the Emergency Deficiencies Correction Fund, Building Renewal Grant Fund, and the New School Facilities Fund.

The Capital Reserve Fund consists of monies from the New School Facilities Fund.  This fund can only be legislatively appropriated to the Deficiencies Correction Fund or the New School Facilities Fund.  These monies can be invested by the State Treasurer at the Board’s request.  Earnings are credited to the fund.

The Emergency Deficiencies Correction Fund is established by monies from the New School Facilities Fund and provides monies to correct defects in school facilities that pose health or safety concerns (A.R.S. §15-2022).

The Building Renewal Grant Fund is funded by appropriations from the Legislature and allows school districts to apply for grants to cover the cost of renovations, repairs, upgrades and infrastructure.

The New School Facilities Fund consists of appropriations from the Legislature and the lease or sale of state trust lands.  Monies are used to construct new schools, based on enrollment projections and additional square footage needed to maintain school standards.

Bonds

The Board also has the right to issue negotiable revenue bonds if authorized by the Legislature; these include bonds for both state school facilities revenue (A.R.S. §§15-2051 et seq.) and school improvement revenue (A.R.S. §§15-2081 et seq.). Both the school facilities revenue bonds and the school improvement bonds can fund any reserves or sinking accounts established by the bond resolution; otherwise the monies generated by these bonds go into the new school facilities fund or the building renewal grant fund, respectively.

History

Background

The School Facilities Board was created by Laws 1998, 5th Special Session, Chapter 1 as the result of a series of legislative enactments, litigation and court decisions regarding the state’s system for school capital funding.

The 1998 legislation is commonly referred to as Students FIRST (Fair and Immediate Resources for Students Today). In Roosevelt v. Bishop (179 Ariz. 233) the Arizona Supreme Court held the existing school capital funding system to be unconstitutional. Subsequent legislation, enacted in 1996, 1997 and 1998 was also found by the courts to be unconstitutional. Finally, the Legislature enacted a centralized capital funding system for K-12 school districts that all litigants agreed in July, 1998 satisfied constitutional requirements.

See http://www.azcourts.gov/portals/22/scorder/1999_2002Orders/schorder.pdf

The bill created a nine-member board, outlined board powers and responsibilities, created school facility adequacy requirements, established several different funds, and authorized the issuance of revenue bonds. The Board was initially exempt from the legislative appropriation process, receiving its funding based on direct transfers from the State Treasurer. However, subsequent legislation required all future funding to be appropriated by the Legislature.

Session Laws

Laws 2001, Chapter 11 allowed the Board to contract for construction services and materials to correct existing deficiencies in school district facilities. The Emergency Deficiencies Correction Fund was created in the same year by Chapter 297, allowing schools to apply for funds to correct emergency deficiencies in school facilities. All deficiencies were to be corrected by June 30, 2006.

Laws 2002, Chapter 330 required schools to develop routine preventative maintenance guidelines and required the Board to ensure compliance with those guidelines as part of their facilities inspection process. The same legislation also allowed the Board to enter into lease-to-own agreements with one or more school districts, established a lease-to-own fund and outlined requirements related to the agreements.

Laws 2005, Chapter 182 required the Board to conduct an environmental site assessment as part of the approval process to construct a school building. The Board was also required to enforce certain indoor air quality standards and ensure HVAC systems function adequately.

Laws 2005, Chapter 287 repealed the deficiencies correction fund, leaving only the emergency deficiencies correction fund in place.

Laws 2006, Chapter 353 eliminated the Board’s ability to enter into lease-to-own transactions, requiring funding of new school construction on a pay as you go basis. Note: The Legislature reauthorized lease-to-own purchasing in subsequent fiscal years (see 2016 Master List of State Programs, School Facilities Board).

Laws 2008, Chapter 287 created the Building Renewal Fund Grant Fund, and outlined its distribution and uses.

Laws 2013, 1st Special Session, Chapter 3 repealed the Building Renewal Fund.

Sources

  • Arizona Revised Statutes
  • Session Laws
    • Laws 1998, 5th Special Session, Chapter 1
    • Laws 2001, Chapter 11
    • Laws 2001, Chapter 297
    • Laws 2002, Chapter 330
    • Laws 2005, Chapter 182
    • Laws 2005, Chapter 287
    • Laws 2006, Chapter 353
    • Laws 2008, Chapter 287
    • Laws 2013, 1st Special Session, Chapter 3
  • Master List of State Programs: www.ospb.state.az.us
  • Joint Legislative Budget Committee FY 2015 Baseline Report: www.azleg.gov/jlbc/15baseline/sfb
  • School Facilities Board Five Year Strategic Plan: www.azsfb.gov/sfb
  • Arizona State Senate Education Committee Program Presentation: School Facilities Board. February 10, 2009. www.azsenate.gov
  • Arizona Supreme Court website: www.azcourts.gov

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Arizona State Schools for the Deaf and Blind (ASDB)

Authority

The Arizona Constitution requires the legislature to enact laws that provide for the education and care of pupils who are hearing and vision impaired (Article XI, Section 1). The Arizona School for the Deaf and Blind was created in 1929 (Laws 1929, Chapter 93). Statutory authority is found at A.R.S. §§15-1301 et seq.

Function

The Arizona K-12 public education system consists of a number of agencies, established by the Arizona Constitution and state law.  ASDB provides a variety of services for children and youth (up to the age of 22) who have a vision or hearing loss.  School age children attend schools located in either Phoenix or Tucson, or in their home district.  Phoenix Day School, established in 1967, serves students from age 5 to 22.  The Tucson campus includes boarding facilities, an evaluation center and the ASDB administrative headquarters.  ASDB also provides educational and support services in local schools via regional cooperatives, which have been established in five areas of the state.

ASDB is governed by a ten-member board of directors, consisting of the Governor (ex-officio), the Superintendent of Public Instruction, a member of the Commission for the Deaf and the Hard of Hearing, a member of the Governor’s Council on Blindness and Visual Impairment, and six additional members appointed by the Governor.  The board appoints the superintendent of ASDB, who serves as the school’s executive officer.

ASDB is a participant in the Arizona Early Intervention Program (AzEIP) which provides services to children who have sensory impairments.  Four other state agencies participate as well: Arizona Department of Economic Security, Arizona Department of Health Services, Arizona Health Care Cost Containment System and the Arizona Department of Education. (Master list of State Programs; 2015-2016, page 252)

History

Background

The Constitution establishes requirements for a public school system that includes kindergarten, common schools, high schools, normal schools, industrial schools and universities.  Responsibility for the general conduct and supervision of the public school system is shared among the State Board of Education, the State Superintendent of Public Instruction, county school superintendents, and other governing boards as provided by law.  The Constitution also requires the Legislature to provide for the education and care of pupils who are hearing and vision impaired.

The Arizona State School for the Deaf and Blind (ASDB) was created by Laws 1929, Chapter 93.  Prior to creation of the agency, services for vision and hearing impaired students were provided by the University of Arizona in Tucson, under the general direction of the Arizona Board of Regents.   (See Revised Statutes of the Arizona Territory, 1901 §§3645 through 3648; the Revised Statutes of Arizona 1913 Civil Code, §§4494 through 4497; and Revised Code Arizona 1928, §1152)

Session Laws

Laws 1929, Chapter 93 created the Arizona State School for the Deaf and the Blind in Tucson which succeeded to the responsibility previously held by the University of Arizona and the Board of Regents. The measure established a three-member board of directors and authorized the board to select a superintendent with the responsibility to hire assistants, clerks, teachers and employees necessary to manage the school.  The Governor served as an ex-officio member and appointed the members of the board. The measure reserved 100,000 acres of land for the benefit of the school; outlined criteria for admission and records.

Laws 1967, Chapter 117 established a branch elementary day school of ASDB in Phoenix and appropriated $100,000 for related expenses.

Laws 1987, Chapter 363 was an extensive measure which addressed education of handicapped children and included provisions related to ASDB.  The measure required parents to pay for personal expenses, including clothing, glasses, hearing aids, medical and dental care and transportation and allowed the Board of Education to withhold state aid from ASDB in cases of noncompliance. It also established a joint legislative committee to examine issues regarding funding for ASDB; issues related to noncompliance; oversight by the Arizona Department of Education; and possible bonding authority as a source of capital funding for ASDB.  The committee was required to issue a report with recommendations by November 1, 1987.

An Arizona Auditor General performance audit released in 1987 outlined several issues of concern, including local school district’s responsibilities regarding placement decisions at ASDB; approval of payment vouchers by the Arizona Department of Education before students are enrolled at ASDB; tuition requirements for non-resident students; admission for students with other handicapping conditions; diagnostic services at the local school district level; and inappropriate expenditures.  The ASDB Board of Directors was required to submit a progress report by October 1, 1988 addressing improvements to the organizational atmosphere and problems identified by the Auditor General.   In 1992, the Arizona Auditor General conducted a second performance audit.  Although the 1992 report made several recommendations for improvement, the report also recognized the significant progress made by the school to address concerns raised in the 1987 audit.

Laws 1988, Chapter 237 added a sixth appointive member to the ASDB Board of Directors.  The measure also: required the Joint Legislative Study Committee to submit annual reports, beginning in December 1987 until 1990; required the ASDB Board of Directors to submit a progress report by October 1, 1988 regarding improvements to the organizational atmosphere and problems identified by the Arizona Auditor General; required an annual report on expenditures of monies received as donations; and modified admission requirements.

Laws 1990, Chapter 283 required ASDB to provide resources to school districts, state institutions and other approved educational programs regarding curriculum, assessments, equipment, and materials.  The measure also addressed voucher funding for students who received services from a regional services cooperative.

Laws 1993, Chapter 204 changed the name of the school to Arizona State Schools for the Deaf and Blind.  The bill established an Enterprise Fund consisting of monies received for non-school events; modified terms of employment for the superintendent and staff; and reduced the minimum eligible age for students from six years to three years of age.  The bill also spelled out the legislature’s intentions regarding continuation of the ASDB in order to promote and maintain educational opportunities for sensory impaired children that would “lead to an adult life of independence and self-sufficiency, a meaningful personal, family and community life and a useful productive occupational life.”  The intent section also indicated the legislature wanted ASDB to implement the recommendations made by the Arizona Auditor General in 1992 and the “budget recommendation of the staff of the Joint Legislative Budget Committee for fiscal year 1993-1994, including a recommended reduction in force limited to management and supervisory personnel and clerical and other staff that support management and supervisory personnel.”

Laws 2001, Second Special Session, Chapter 6 established the ASDB Classroom Site Fund, consisting of monies received from the Department of Education.

Laws 2005, Chapter 168 increased the number of members of the ASDB Board to ten.

Sources:

  • Arizona Constitution, Article XI, Section 1
  • Arizona Revised Statutes §§15-1301 et seq.
  • Revised Statutes of the Arizona Territory, 1901 §§3645 through 3648
  • Revised Statutes of Arizona 1913 Civil Code, §§4494 through 4497
  • Revised Code Arizona 1928, §1152
  • Arizona Code Annotated 1939, §§1501 through 1526.
  • Session Laws
    • Laws 1929, Chapter 93
    • Laws 1967, Chapter 117
    • Laws 1987, Chapter 363
    • Laws 1988, Chapter 237
    • Laws 1990, Chapter 283
    • Laws 1993, Chapter 204
    • Laws 2001, Second Special Session, Chapter 6
    • Laws 2005, Chapter 168
  • Arizona State Schools for the Deaf and the Blind. Arizona Auditor General Performance Audit and Sunset Review. October 1987 (Report No. 87-10), October 1992 (Report No. 92-4) and September 2012 (Report No. 12-05). http://www.azauditor.gov
  • Master List of State Programs: 2015-2016.  www.ospb.state.az.us

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Soldier Settlement Board / Arizona Land Settlement Commission

Authority

Transferred to the Arizona State Land Department in 1943.

Function

The Soldier Settlement Act (Act) was enacted in 1919 to authorize acquisition of land suitable for reclamation and settlement in order to provide employment and rural homes for returning soldiers who had been honorably discharged.  Those eligible for farms and farm laborer allotments included persons who “served with the armed forces of the United States in the European wars or other wars of the US, including former American citizens who served in allied armies against the Central Powers.”  The measure provided for cooperative efforts between the state and federal government; established a “State Soldier Settlement Fund;” outlined a process to apply for land; and spelled out repayment obligations.

The Soldiers Settlement Board was created to: administer the program; acquire lands suitable for reclamation and settlement, including related infrastructure; exercise the power of eminent domain; furnish agricultural training to soldiers; share expenses with the federal government for supervision of programs provided by the federal government or the state agricultural college; and convey title to acquired land.

The Act indicated the State would provide the land for settlement and the federal government would provide funding to cover the costs of reclamation, improvements and equipment.  The State’s expenditures were capped at 25 percent of the total purchase price of the land, the cost of reclamation, the cost of farm improvement, and the cost of implements, stock and other necessary equipment.  Repayment of State expenses would be arranged by agreement with the federal agencies involved and monies would be deposited with the State Treasurer.

The process to acquire land required notice to the public and an evaluation of the suitability of the land for settlement purposes. The measure outlined provisions regarding subdivision of land, its preparation and settlement.  The measure also addressed sale to qualified applicants, loans, payment of principal and interest, and transfer of title upon full payment.

The Board was required to submit an annual report each December to the Governor and the U.S. Secretary of Interior.

In 1921 the Act was revised and the Soldier Settlement Board was renamed the Arizona Land Settlement Commission.  In 1943, powers and duties were transferred to the State Land Department and the State Land Commissioner assumed responsibility for the program.

History

Laws 1919, Chapter 141 established the Soldier Settlement Board, composed of the members and officers of the State Land Department and outlined Board duties.  The Board was authorized to cooperate with federal agencies engaged in work of a similar character and administer the program. The law outlined specific requirements regarding acquisition, improvements and sale of land.

In 1921 the law was rewritten as the “Arizona Land Settlement Act.”  The Board was renamed the “Arizona Land Settlement Commission.”  The measure included an appropriation of $50,000 in fiscal year 1921-1922 and $50,000 in fiscal year 1922-1923.   See Laws 1921, Chapter 58.

In 1943 the jurisdiction, authority and duties of the Arizona Land Settlement Commission were transferred to the State Land Department. The State Land Commissioner was designated as the Soldier Settlement Commissioner and all assistants, agents and employees of the State Land Department were required to perform duties as directed by the Commissioner.   See Laws 1943, Chapter 28.

Sources

  • Session Laws
    • Laws 1919, Chapter 141
    • Laws 1921, Chapter 58
    • Laws 1943, Chapter 28
  • 12th Annual Arizona State Land Department Annual Report, January 1, 1923 to June 30, 1924.  Page 15-22.  Print. (Note: Subsequent reports also mention the Settlement Commission.)

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State Board of Tax Appeals (Board)

Authority

The State Board of Tax Appeals (Board) was established as a separate agency in 1967, independent of the Department of Revenue, to “hear and decide all appeals from decisions of the department of revenue” (Laws 1967, Chapter 107). Statutory authority is found at A.R.S.§§42-1251 et seq.

Function

The Board hears appeals filed by taxpayers and Arizona municipalities concerning income, transaction privilege (sales), use, luxury and estate taxes.

The Board consists of three members, selected for their knowledge and experience with taxation. The members are appointed by the Governor for a six year term. The Board handles “all matters entrusted by law to it dealing with income taxation, estate taxation, transaction privilege, use and luxury taxation and any other taxation assigned to it by law and shall hear and decide appeals from the department of revenue on such matters” (A.R.S.§42-1252).

Appeals to the Board may be filed by a person aggrieved by a final decision or order of the Department of Revenue. The notice of appeal must be filed within thirty days after the decision or order from which the appeal is taken has become final (A.R.S.§42-1253). If the Department of Revenue or a taxpayer is aggrieved by the decision of the Board, the party may file an action in Tax Court (A.R.S.§42-1254).

History

Overview

The Board began as the State Board of Equalization, then became the State Board of Property Tax Appeals, and finally became the State Board of Tax Appeals in 1974. The State Board of Equalization was later recreated in 1994 as a separate entity.

Chronology

Laws 1913, Chapter 71, 3rd Special Session created the State Board of Equalization, which set the valuation and assessment of property in the state, and was part of the State Tax Commission. The State Tax Commission investigated complaints and determined if the current system was unequal or oppressive (Civil Code, 1913 §4829(19)).

Laws 1967, Chapter 107 repealed the State Board of Equalization, and established the State Board of Property Tax Appeals, with the power to “equalize the valuation of all property throughout the state.” This Board was independent of the State Tax Commission and the State Department of Property Valuation.

Laws 1973, Chapter 123 established the Department of Revenue and gave it the powers and duties of the Department of Property Valuation, Estate Tax Commissioner, and some powers of the State Tax Commission. This legislation also repealed the State Board of Property Tax Appeals and established State Board of Tax Appeals as an independent agency, separate from the Department of Revenue and the State Tax Commission. The State Board of Tax Appeals assumed the functions of the State Board of Property Tax Appeals and acts as an appellate board for other taxes. Additionally, the Board of Tax Appeals was authorized to equalize the valuation of all property in the state, and to hear and decide all appeals from decisions of the Department of Revenue. Finally, this legislation established the Tax Advisory Council. This law was effective as of July 1, 1974.

Laws 1994, Chapter 323 reestablished the State Board of Equalization as an independent agency, not subject to either Department of Revenue or State Board of Tax Appeals.

Laws 1997, Chapter 150 recodified the state tax code and transferred the tax appeals sections of the law to the new Title 42, Chapter 1, Article 6 and renumbered the relevant sections as A.R.S.§§42-1251 et seq.

Laws 2015, Ch. 25 extended the statutory life of the State Board of Tax Appeals by authorizing continuation of the Board for eight years, through July 1, 2023, in order to provide taxpayers with an administrative appeals forum outside the purview of the Department of Revenue.

Sources

  • A.R.S.§§42-1251 et seq.
  • Civil Code, 1913 §4829(19)
  • Session Laws
    • Laws 1913, Chapter 71, 3rd Special Session
    • Laws 1967, Chapter 107
    • Laws 1973, Chapter 123
    • Laws 1994, Chapter 323
    • Laws 1997, Chapter 150
    • Laws 2015, Chapter 25
  • Master List of State Programs (www.ospb.state.az.us)

Related collections (Arizona State Archives)

  • PRT 1 – State Board of Tax Appeals
  • EQ 1 – State Board of Equalization
  • REV 1 – Department of Revenue
  • TC 1 – State Tax Commission

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Technical Registration, Board of

Authority

The State Board of Technical Registration was established in 1921 by Laws 1921, Chapter 135.  Current statutory authority is found at A.R.S. §§32-101 through 32-152.

Function

The Board was originally established to regulate the professions of architects, assayers, engineers and land surveyors.  Since its creation, Board authority expanded to include regulation of alarm businesses and agents; geologists; home inspectors; landscape architects; and drug laboratory site remediation firms.

The Board establishes and enforces standards of qualification for engineers, architects, assayers, geologists, land surveyors, landscape architects, home inspectors, alarm agents and remediation specialists and determines if applicants are qualified to be registered or certified by the Board.  The board also conducts exams, investigates complaints and issues policy statements for public guidance.  (www.btr.az.gov)  Effective August 6, 2016, the Board no longer regulates assayers, drug laboratory site remediation firms, architects–in-training, assayers-in-training, home inspectors-in-training, or landscape architects-in-training.

History

The State Board of Registration, created in 1921, consisted of seven members.  Six were appointed by the Governor to three-year terms and the Dean of the College of Mines and Engineering at the University of Arizona served as the seventh member.  In order to serve as a Board member, a person had to be a state resident, be in good standing in his profession, and at least 35 years of age.  The purpose of the Board was to “safeguard life, health and property” and to require anyone practicing as an architect, professional engineer, land surveyor or assayer to submit evidence of their qualifications to the Board.  The Board was authorized to issue certifications to qualified applicants, based on experience and education.  The measure outlined the certification process, and included language regarding violations, penalties, exemptions and reasons for revocation of a certificate.     An annual report was required to be sent to the Governor, the Secretary of State and the Clerk of the Board of Supervisors of each county.  The Board was required to keep a list of applicants and to include a list of registrants in the Board’s annual report.  See Laws 1921, Chapter 135.

Laws 1923, Chapter 75 modified penalties for violating the law regarding registration requirements for a person practicing as an architect, engineer, land surveyor or assayer in Arizona.  The measure also provided certain exemptions from registration.

Laws 1935, Chapter 32 repealed and rewrote previous law, changed the name of the Board to the State Board of Technical Registration, and modified the qualifications to serve as a Board member.  The measure established the position of the Secretary of the Board and required the Secretary to serve as custodian of the Board records, to accept applications and assist in prosecution of cases against violators of technical registration laws.  The measure also modified age and experience requirements for applicants, modified registration fees, established the Technical Registration Fund and required ten percent of fees and other revenues received by the Board to be placed in the state general fund.  The remaining amount was retained in the Fund for use by the Board.  Monies did not revert to the state general fund at the end of the fiscal year.

Laws 1947, Chapter 53 modified Board responsibilities and changed the status of the Dean of the U of A College of Engineering to ex-officio.

Laws 1952, Chapter 144 expanded the Board to nine members, including three architects and five engineers; authorized the Board to rent office space using monies in the Technical Registration Fund and increased application fees.

Laws 1956, Chapter 161 modified laws related to revocation of certificates, investigations, notice of findings, exemptions and limitations; added geologists to the professions regulated by the Board; and established a fee for a temporary permit held by an architect, engineer, geologist, assayer or land surveyor licensed in another state or territory of the U.S.

Laws 1970, Chapter 88 added landscape architects to the professions regulated by the Board; modified membership of the Board by replacing the ex-officio member with an assayer, landscape architect, geologist or surveyor; established a cap of $100 for fees; and modified language regarding exemptions and limitations.

Laws 1980, Chapter 250 modified distribution of professions on the Board; changed the age and years of professional experience required to be eligible for appointment to the Board; allowed the Board to employ an executive director rather than a secretary; modified application requirements; increased the cap for fees collected by the Board from $100 to $200; and established confidentiality requirements for certain Board records.  The measure continued the Board for two years and listed specific factors for consideration in 1982.

Laws 1982, Chapter 136 established qualifications for in-training registration and professional registration for architects, engineers, geologists and landscape architects; modified fees; authorized the Board to hire hearing officers; and modified exemptions.  The measure also continued the Board until 1986.

Laws 1994, Chapter 137 allowed the Board to contract with a third party to administer the registration exam.

Laws 1995, Chapter 154 limited Board members to two consecutive terms, gave the Board investigative authority and established civil penalties.

Laws 1998, Chapter 296 was an omnibus measure which made numerous changes to Board statutes and also modified confidentiality provisions.

Two measures pertaining to the Board were enacted in 2000.  Laws 2000, Chapter 86 added home inspectors to the professions regulated by the Board; established the Home Inspector Rules and Standards Committee; and outlined certification and insurance requirements.  Laws 2000, Chapter 124 allowed the Board to issue a letter of concern and authorized the Board to contract with a national council to administer registration exams.

Laws 2002, Chapter 297 required the Board to regulate drug laboratory site remediation firms that clean up property contaminated by the manufacture of methamphetamine, ecstasy or LSD.  The measure established the Joint Legislative Oversight Committee on Residual Contamination of Drug Properties and established a five-member Environmental Remediation Rules and Standards Committee within the Board.

Laws 2012, Chapter 341 authorized the Board to regulate alarm businesses and associated alarm agents and required a person to be certified in order to operate an alarm business.

Several measures pertaining to the Board were enacted in 2016 modifying professions subject to Board oversight.  The Board no longer regulates assayers or drug laboratory site remediation specialists, nor does it register architects-in-training, assayers-in-training, home inspectors-in-training or landscape architects-in-training.    In addition, the Environmental Remediation Rules and Standards Committee was repealed.  See Laws 2016, Chapter 167, Chapter 352 and Chapter 371.

Sources

Arizona Revised Statutes

Session Laws

Laws 1921, Chapter 135

Laws 1923, Chapter 75

Laws 1935, Chapter 32

Laws 1947, Chapter 53

Laws 1952, Chapter 144

Laws 1956, Chapter 161

Laws 1970, Chapter 88

Laws 1980, Chapter 250

Laws 1982, Chapter 136

Laws 1994, Chapter 137

Laws 1995, Chapter 154

Laws 1998, Chapter 296

Laws 2000, Chapter 86 and Chapter 124

Laws 2002, Chapter 297

Laws 2012, Chapter 341

Laws 2016, Chapter 167, Chapter 352 and Chapter 371

Arizona State Board of Technical Registration website: www.btr.az.gov

Master List of State Programs: www.azospb.gov

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Arizona Office of Tourism (AOT)

Authority

The Arizona Office of Tourism (AOT) was established by Laws 1978, Chapter 180. Statutory authority can be found at A.R.S. §§41-2301 et seq.

Function

The AOT is responsible for promoting and developing tourism in Arizona.  The AOT is led by a director, appointed by the governor, along with an assistant director chosen by the director with the governor’s approval. The director must have at least five years of management experience in the tourism and travel industry, understanding of the technical elements of the tourism industry, and experience in marketing or public relations. The director is responsible for promoting and developing tourism business, conducting a marketing campaign on the attractions of the state, and promoting this information through state, national, and international media.

The director is assisted and advised by the Tourism Advisory Council. The Council consists of fifteen members, appointed by the governor. The members must be from recreational and tourist attractions, transportation and hospitality, other tourism-related businesses, and the general public. There must be at least one member from each of the six geographical planning areas, as follows: Area 1 Maricopa; Area 2 Pima; Area 3 Apache, Coconino, Navajo, Yavapai; Area 4 Mohave, Yuma; Area 5 Gila, Pinal; Area 6 Graham, Greenlee, Cochise, Santa Cruz.

History

Responsibility for tourism development was originally part of the Office of Economic Planning and Development (OEPAD), Division of Development. In January of 1975, Governor Castro delivered his first address to the legislature, and recognized Arizona’s deepening economic problems. His first suggestion for addressing these problems was to place a greater emphasis on tourism.

In March of 1975, Governor Castro issued Executive Order 75-3, which created a separate Office of Tourism. The new office assumed responsibility for all tourism programs of the OEPAD, and was charged with developing tourism campaigns to promote the state’s recreational, natural, and historical attractions via state and national media. The AOT was also directed to conduct research, disseminate information, formulate policies, accept grants and disburse funds, to become the clearinghouse for all data relating to tourism in Arizona. However, OEPAD continued to perform administrative duties for the AOT until legislation established and statutorily recognized the separate Office of Tourism in 1978.

Laws 1978, Chapter 180 legislatively established and recognized the Office of Tourism. The AOT was led by a director, appointed by the governor. The director was responsible for promoting and developing tourism business, and conducting promotional campaigns. The director was also required to appoint an assistant director, with approval from the governor. The Tourism Advisory Council was composed of fifteen members, appointed by the governor, serving five-year terms, to assist and advise the director with establishing the budget, policies, and programs. The councilmembers included representatives from recreational and tourist attractions, hospitality and transportation industries, other tourism-related businesses, and the general public. The council was required to have at least one member from each of the six geographical planning areas of the state.

Laws 1982, Chapter 155 expanded the powers and duties of AOT. This law added the ability to charge fees for services and publications, and to engage in joint ventures with private corporations specifically designed to further the goals of AOT.

Laws 1988, Chapter 271 established the Tourism Fund, consisting of money from the general fund and appropriated by the legislature for promoting tourism in the state.

Laws 1996, Chapter 285 added qualification requirements for the director. The director must have at least five years of management experience in the domestic and international tourism and trade industry; a fundamental understanding of the technical elements of the tourism industry; and experience in either marketing or public relations.

Laws 1998, Chapter 241 created the AOT Workshop Fund. This fund is used for the governor’s tourism conference, and other projects according to legislative appropriation.

Laws 2001, Chapter 231, expanded the powers and duties of AOT to include cooperating with the Arizona-Mexico Commission in the governor’s office, and with researchers at Arizona’s universities, for data collection and special projects assessing and enhancing Arizona’s economic stance in the Arizona-Mexico region.

Sources

Related Resources at Archives

  • RG 32, Tourism, Office of
  • RG 36, Arizona Office of Economic Planning and Development

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Department of Transportation (ADOT)

For related see: Department of Public Safety

Authority

The Arizona Department of Transportation (ADOT) was created in 1973 to provide an integrated and balanced state transportation system (Laws 1973, Chapter 146). Statutory authority for ADOT is found at A.R.S.§§28-101 et seq.

Function

ADOT is responsible for planning, constructing and maintaining Arizona’s highway infrastructure and for collecting transportation revenues. ADOT has “exclusive control and jurisdiction over state highways, state routes, state owned airports and all state owned transportation systems or modes” and is overseen by a director and transportation board  ADOT has six divisions: motor vehicle, transportation planning, highways, aeronautics, public transit, and administrative services (A.R.S.§28-331 and §28-332).

The Motor Vehicle Division is responsible for title, registration, and license services to the general public. ADOT also adopts rules governing driving on all Arizona roads and highways. The Transportation Board is responsible for many oversight and management functions including developing and adopting a statewide transportation policy statement, a long-range transportation plan, and uniform planning practices (A.R.S.§28-304). The Highway Division is led by the State Engineer, a qualified civil engineer appointed by the Director of the Department (A.R.S §28-6921). The Aviation Division cooperates with “all state, local, and federal organizations to encourage and advance the safe and orderly development of aviation in this state” (A.R.S.§28-8242). This includes providing public information, collecting and distributing funds, making rules, and operating the Grand Canyon National Park Airport.

Revenues collected from fuel taxes, motor carrier fees, motor vehicle registration fees, vehicle license taxes and other miscellaneous fees are used to build and operate the state’s transportation systems.

History

Laws 1912, Chapter 66 replaced the Office of the Territorial Engineer with the Office of the State Engineer, which was the predecessor to ADOT. The State Engineer was appointed by the Governor to a two-year term, and was required to be competent civil engineer. The State Engineer had oversight over the construction and maintenance of all state highways and bridges. Due to the necessity of providing for the “public peace, health and safety,” the Act contained an emergency clause, which made the law immediately effective and exempted it from the referendum requirements of the new State Constitution.

Laws 1927, Chapter 2, 4th Special Session abolished the Office of the State Engineer and created the Arizona Highway Department and the Highway Code. The Highway Department was responsible for all matters regarding the state’s highways. The law also created the Arizona Highway Commission to oversee the Highway Department and appoint the State Highway Engineer. The newly created Department included a Division of Motor Vehicles, the State Highway Fund, and the “Rules of the Road.” The act was treated as an emergency measure similar to the 1912 law and was effective immediately.

Laws 1931, Chapter 104 created the Arizona Highway Patrol as a division of the Arizona Highway Department to patrol the state’s highways at all times, enforce highway laws, and investigate accidents.

Laws 1950, Chapter 45 created the State Aviation Authority, responsible for aviation laws, safety, and airports.

Laws 1962, Chapter 51 created the Arizona Department of Aeronautics. While this measure changed the name of the State Aviation Authority to the Arizona Department of Aeronautics, the powers and functions remained basically the same.

Laws 1968, Chapter 209 created the Department of Public Safety and moved all powers and duties of the Arizona Highway Patrol into the new department. For more information, see the history of the Department of Public Safety.

Laws 1973, Chapter 146 created the Department of Transportation to “provide for an integrated and balanced state transportation system.” This measure combined the Arizona Highway Department and the Department of Aeronautics into one large multi-modal department. The Director of the Department and the Transportation Board were given oversight, rather than the State Engineer. The Division of Aeronautics was created within the new ADOT.

Laws 1995, Chapter 132 reorganized state transportation laws. The act repealed A.R.S. Titles 2 and 18, and repealed and rewrote Title 28. The sections within Title 28 were renumbered.

Laws 2000, Chapter 99 transferred authority, powers, property, and personnel of the Grand Canyon National Park Airport to ADOT and eliminated the Grand Canyon Airport Authority. The measure required ADOT to lease the property and facilities to a nonprofit organization for a maximum term of 20 years.

Laws 2015, Chapter 244 repealed the Department of Weights and Measures, and transferred most of the responsibilities to the new Division of Weights and Measures Services within the Department of Agriculture. The responsibility for regulating for-hire transportation (taxi, limousine, livery vehicle services) was transferred to ADOT. The measure also transferred all administrative matters, contracts, and judicial/quasi-judicial actions, regardless of status, to ADOT or Department of Agriculture as applicable. Property, data, investigative findings and unexpended or unencumbered appropriated monies were also transferred to ADOT or the Department of Agriculture as applicable. The act included an effective date of July 1, 2016.

Sources

  • A.R.S.§§28-101 et seq.
  • Session Laws
    • Laws 1912, Chapter 66
    • Laws 1927, Chapter 2, 4th Special Session
    • Laws 1931, Chapter 104
    • Laws 1950, Chapter 45
    • Laws 1962, Chapter 51
    • Laws 1968, Chapter 209
    • Laws 1973, Chapter 146
    • Laws 1995, Chapter 132
    • Laws 2000, Chapter 99
    • Laws 2015, Chapter 244
  • ADOT Research Center: http://azdot.gov/planning/research-center
  • Master List of State Programs, 2014-2016: http://www.ospb.state.az.us/documents

Related Collections (Arizona State Archives)

  • AA 1 – Arizona Aviation Authority
  • AER – Department of Aeronautics
  • HGY 1 through HGY 50 – Highway Department (and groups and divisions)
  • TRT 1 through TRT 45 – Department of Transportation (and groups and divisions)

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Governor’s Office on Tribal Relations

See also: Arizona Commission of Indian Affairs

Authority

The Governor’s Office on Tribal Relations was established in 2016, replacing the Arizona Commission of Indian Affairs (created in 1953) and succeeding to the authority, powers, duties and responsibilities of the Commission.  Statutory authority is found at A.R.S. §§41-2051 through 41-2054.

Function

The Governor’s Office on Tribal Relations was established to assist and support Arizona tribal nations and communities and to enhance government-to-government relations among the tribal nations. (Laws 2016, Chapter 150, Purpose clause)   The measure outlines state agency responsibilities relating to tribal consultation and outreach activities, developing mutually acceptable solutions, and seeking input before taking action that will affect a tribal community or its members.   An annual progress report on policies is required from each state agency, submitted electronically, to the Office.  The Governor is required to conduct an annual summit with the leaders of the state’s 22 tribal nations and communities.  The Office is authorized to: request information from state and local public officers and employees; evaluate and coordinate activities relating to education of American Indian students; serve as a clearinghouse and provide training for cross-cultural situations; receive annual notice from the director of the State Museum regarding the discovery of sacred objects or objects of cultural patrimony; work with state agencies to stimulate the economic growth of the American Indian population; and establish working committees as needed.

History

Laws 2016, Chapter 150 created the Governor’s Office on Tribal Relations and repealed the Arizona Commission of Indian Affairs.  The measure outlined the duties and responsibilities of the new Office and specified duties for state agencies. The annual Indian Nations and Tribes Legislative Day will be held on Wednesday of the first week of regular session, rather than on Tuesday of the second week of the regular legislative session.   The purpose and source of funding for the Indian Town Hall Fund, created in 2002, was transferred as initially established.  The Indian Affairs Commission Publications Fund was repealed and all unexpended and unencumbered monies were transferred to the Office.

Sources

Arizona Revised Statutes

Session Laws

  • Laws 1953, Chapter 50
  • Laws 2016, Chapter 150

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

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