Bill Text: AZ SB1406 | 2025 | Fifty-seventh Legislature 1st Regular | Introduced
Bill Title: Noncitizen; alien; terminology
Spectrum: Partisan Bill (Democrat 1-0)
Status: (N/A) - [SB1406 Detail]
Download: Arizona-2025-SB1406-Introduced.html
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REFERENCE TITLE: noncitizen; alien; terminology |
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State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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SB 1406 |
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Introduced by Senator Miranda
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An Act
amending sections 4-202, 5-301, 8-102, 9-500.25, 11-269.08, 11-1051, 12-512, 12-2702, 13-1509, 13-2317, 13-2319, 13-2928, 13-2929, 13-3101, 14-2111, 15-973, 15-1803, 17-101, 23-211, 23-212, 23-212.01, 23-361.01, 23-603, 23-781, 23-901, 26-105, 28-3511, 32-1822, 32-1829, 34-301, 36-889, 36-2903.03, 36-2931, 36-2932, 36-2983, 38-231, 38-727, 41-906, 41-1080, 41-1462, 43-210 and 46-292, Arizona Revised Statutes; relating to noncitizens.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 4-202, Arizona Revised Statutes, is amended to read:
4-202. Qualifications of licensees; application; background information; prior convictions
A. Every spirituous liquor licensee, other than a club licensee, a corporation licensee, a limited liability company licensee or an out-of-state licensee, shall be a citizen of the United States and a bona fide resident of this state or a legal resident alien noncitizen who is a bona fide resident of this state. If a partnership, each partner shall be a citizen of the United States and a bona fide resident of this state or a legal resident alien noncitizen who is a bona fide resident of this state, except that for a limited partnership an individual general partner is required to meet the qualifications of an individual licensee, a corporate general partner is required to meet the qualifications of a corporate licensee and a limited partner is not required to be a citizen of the United States, a legal resident alien noncitizen or a bona fide resident of this state. If a corporation or limited liability company, it shall be a domestic corporation or a foreign corporation or a limited liability company that has qualified to do business in this state. A person shall hold a club license, corporation license, limited liability company license, partnership license or out-of-state license through an agent who shall be is a natural person and meet who meets the qualifications for licensure, except that an agent for an out-of-state license as specified in section 4-209, subsection B, paragraph 2 need not be a resident of this state. Notice of change of agent shall be filed with the director within thirty days after a change. For the purposes of this subsection, "agent" means a person who is designated by an applicant or licensee to receive communications from the department and to file documents and sign documents for filing with the department on behalf of the applicant or licensee.
B. A person shall file an application for a spirituous liquor license on a form prescribed by the director. The director shall require any applicant and may require any controlling person, other than a bank or licensed lending institution, to furnish background information and to submit a full set of fingerprints to the department. The department of liquor licenses and control shall submit the fingerprints to the department of public safety for the purpose of obtaining to obtain a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. If a license is issued or transferred when fees are waived pursuant to section 4-209, subsection I, no an additional background check is not required if the person has already completed a background investigation in connection with the continuing business.
C. Each applicant or licensee shall designate a person who shall be is responsible for managing the premises. The designated person may be the applicant or licensee. The manager shall be a natural person and shall meet all the requirements for licensure. The same person may be designated as the manager for more than one premises owned by the same licensee. Notice of a change in the manager shall be filed with the director within thirty days after a change.
D. No A license shall may not be issued to any person who, within one year before application, has had a license revoked. The director shall not issue an interim permit or restaurant license to any person who, at the same location, has been required to surrender a restaurant license pursuant to section 4-205.02, subsection D or section 4-213 until twelve months after the date of the surrender. No A license shall may not be issued to or renewed for any person who, within five years before application, has been convicted of a felony, or convicted of an offense in another state that would be a felony in this state. For a conviction of a corporation to be a basis for a denial under this section, the limitations that are provided in section 4-210, subsection A, paragraph 8 shall apply. No A corporation shall may not have its annual license issued or renewed unless it has on file with the department a list of its officers and directors and any stockholders who own ten percent or more of the corporation.
E. The department of liquor licenses and control shall receive criminal history record information from the department of public safety for applicants for employment with the department of liquor licenses and control or for a license issued by the department of liquor licenses and control.
F. The department shall not issue or renew a license for any person who on the request of the director fails to provide the department with complete financial disclosure statements indicating all financial holdings of the person or any other person in or relating to the license applied for, including all cosignatories on financial holdings, land, buildings, leases or other forms of indebtedness that the applicant has incurred or will incur.
Sec. 2. Section 5-301, Arizona Revised Statutes, is amended to read:
5-301. Definitions
In this chapter, unless the context otherwise requires:
1. "Commercial motorized watercraft" means a motorized watercraft that carries passengers or property for a valuable consideration that is paid to the owner, charterer, operator or agent or to any other person interested in the watercraft.
2. "Commission" means the Arizona game and fish commission.
3. "Department" means the Arizona game and fish department.
4. "Documented watercraft" means any watercraft currently registered as a watercraft of the United States pursuant to 46 Code of Federal Regulations part 67.
5. "Domicile" means a person's true, fixed and permanent home and principal residence, proof of which may be demonstrated as prescribed by rules adopted by the commission.
6. "Launch" means any motorized watercraft that carries a coach and that is used to follow and monitor rowing shells during practice, training or competitive rowing events.
7. "Motorboat" means any watercraft that is not more than sixty-five feet in length and that is propelled by machinery whether or not such machinery is the principal source of propulsion.
8. "Motorized watercraft" means any watercraft that is propelled by machinery whether or not the machinery is the principal source of propulsion.
9. "Nonresident" means a citizen of the United States or an alien person a noncitizen who is not domiciled in this state and who is not a resident as defined in this section.
10. "Operate" means to operate or be in actual physical control of a watercraft while on public waters.
11. "Operator" means a person who operates or is in actual physical control of a watercraft.
12. "Person" includes any individual, firm, corporation, partnership or association, and any agent, assignee, trustee, executor, receiver or representative thereof.
13. "Public waters" means any body of water that is publicly owned or that the public is allowed to use without permission of the owner and on which a motorized watercraft can be navigated, including that part of waters that is common to interstate boundaries and that is within the boundaries of this state.
14. "Resident" means a person who is either:
(a) A member of the armed forces of the United States on active duty and stationed in this state for a period of thirty days immediately before the date of application for a watercraft decal.
(b) A member of the armed forces of the United States on active duty and stationed in another state or another country and who lists this state as that member's home of record at the time of an application for a watercraft decal.
(c) Domiciled in this state for at least six consecutive months immediately before the date of the application for a watercraft decal and who does not claim residency for any purpose in any other state or country.
15. "Revocation" means invalidating the certificate of number, numbers and annual validation decals issued by the department to a watercraft and prohibiting the operation of the watercraft on the waters of this state during a period of noncompliance with this chapter.
16. "Rowing shell" means a manually propelled watercraft that is recognized by a national racing association for use in practice, training or competitive rowing.
17. "Sailboard" means any board of less than fifteen feet in length that is designed to be propelled by wind action on a sail for navigation on the water by a person operating the board.
18. "Special anchorage area" means an area set aside and under the control of a federal, state or local governmental agency, or by a duly authorized marina operator or concessionaire for the mooring, anchoring or docking of watercraft.
19. "State of principal operation" means the state where a watercraft is primarily used, navigated or employed.
20. "Underway" means a watercraft that is not at anchor, is not made fast to the shore or is not aground.
21. "Undocumented watercraft" means any watercraft that does not have and is not required to have a valid marine document as a watercraft of the United States.
22. "Wakeless speed" means a speed that does not cause the watercraft to create a wake, but in no case in excess of five miles per hour.
23. "Watercraft" means any boat designed to be propelled by machinery, oars, paddles or wind action on a sail for navigation on the water, or as may be defined by rule of the commission.
24. "Waterway" means any body of water, public or private, on which a watercraft can be navigated.
Sec. 3. Section 8-102, Arizona Revised Statutes, is amended to read:
8-102. Who may be adopted
A. Except as provided in title 14, chapter 8 and subsection B of this section, only a child, or a foreign-born person who is twenty-one years of age or less and who is not an illegal alien undocumented noncitizen, who is present within this state at the time the petition for adoption is filed may be adopted.
B. A dependent child is not required to be present in this state at the time the petition for adoption is filed if the criteria prescribed in section 8-103, subsection B are met.
Sec. 4. Section 9-500.25, Arizona Revised Statutes, is amended to read:
9-500.25. Work centers; noncitizens; prohibition
A city or town shall not construct or maintain a work center if any part of the center is to facilitate facilitates the knowing employment of an alien a noncitizen who is not entitled to lawful residence in the United States.
Sec. 5. Section 11-269.08, Arizona Revised Statutes, is amended to read:
11-269.08. Work centers; noncitizens; prohibition
A county shall not construct or maintain a work center if any part of the center is to facilitate facilitates the knowing employment of an alien a noncitizen who is not entitled to lawful residence in the United States.
Sec. 6. Section 11-1051, Arizona Revised Statutes, is amended to read:
11-1051. Cooperation and assistance in enforcement of immigration laws; indemnification
A. No An official or agency of this state or a county, city, town or other political subdivision of this state may not limit or restrict the enforcement of federal immigration laws to less than the full extent permitted allowed by federal law.
B. For any lawful stop, detention or arrest made by a law enforcement official or a law enforcement agency of this state or a law enforcement official or a law enforcement agency of a county, city, town or other political subdivision of this state in the enforcement of any other law or ordinance of a county, city or town or this state where reasonable suspicion exists that the person is an alien and is unlawfully present undocumented noncitizen in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person, except if the determination may hinder or obstruct an investigation. Any person who is arrested shall have the person's immigration status determined before the person is released. The person's immigration status shall be verified with the federal government pursuant to 8 United States Code section 1373(c). A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not consider race, color or national origin in implementing the requirements of this subsection except to the extent permitted as allowed by the United States or Arizona Constitution. A person is presumed to not be an alien who is unlawfully present undocumented noncitizen in the United States if the person provides to the law enforcement officer or agency any of the following:
1. A valid Arizona driver license.
2. A valid Arizona nonoperating identification license.
3. A valid tribal enrollment card or other form of tribal identification.
4. If the entity requires proof of legal presence in the United States before issuance, any valid United States federal, state or local government issued identification.
C. If an alien who is unlawfully present undocumented noncitizen in the United States is convicted of a violation of state or local law, on discharge from imprisonment or on the assessment of any imposed monetary obligation that is imposed, the United States immigration and customs enforcement or the United States customs and border protection shall be immediately notified.
D. Notwithstanding any other law, a law enforcement agency may securely transport an alien who the agency has received verification is unlawfully present a verified undocumented noncitizen in the United States and who is in the agency's custody to a federal facility in this state or to any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency. A law enforcement agency shall obtain judicial authorization before securely transporting an alien who is unlawfully present undocumented noncitizen in the United States to a point of transfer that is outside of this state.
E. In the implementation of this section, an alien's a noncitizen's immigration status may be determined by:
1. A law enforcement officer who is authorized by the federal government to verify or ascertain an alien's a noncitizen's immigration status.
2. The United States immigration and customs enforcement or the United States customs and border protection pursuant to 8 United States Code section 1373(c).
F. Except as provided in federal law, officials or agencies of this state and counties, cities, towns and other political subdivisions of this state may not be prohibited or in any way be restricted from sending, receiving or maintaining information relating to the immigration status, lawful or unlawful, of any individual or exchanging that information with any other federal, state or local governmental entity for the following official purposes:
1. Determining eligibility for any public benefit, service or license provided by any federal, state, local or other political subdivision of this state.
2. Verifying any claim of residence or domicile if determination of residence or domicile is required under the laws of this state or a judicial order issued pursuant to a civil or criminal proceeding in this state.
3. If the person is an alien a noncitizen, determining whether the person is in compliance complies with the federal registration laws prescribed by title II, chapter 7 of the federal immigration and nationality act.
4. Pursuant to 8 United States Code section 1373 and 8 United States Code section 1644.
G. This section does not implement, authorize or establish and shall not be construed to implement, authorize or establish the REAL ID act of 2005 (P.L. 109-13, division B; 119 Stat. 302), including the use of a radio frequency identification chip.
H. A person who is a legal resident of this state may bring an action in superior court to challenge any official or agency of this state or a county, city, town or other political subdivision of this state that adopts or implements a policy that limits or restricts the enforcement of federal immigration laws, including 8 United States Code sections 1373 and 1644, to less than the full extent permitted allowed by federal law. If there is a judicial finding that an entity has violated this section, the court shall order that the entity pay a civil penalty of not less than five hundred dollars $500 and not more than five thousand dollars $5,000 for each day that the policy has remained in effect after the filing of an action pursuant to this subsection.
I. A court shall collect the civil penalty prescribed in subsection H of this section and remit the civil penalty to the state treasurer for deposit in the gang and immigration intelligence team enforcement mission fund established by section 41-1724.
J. The court may award court costs and reasonable attorney fees to any person or any official or agency of this state or a county, city, town or other political subdivision of this state that prevails by an adjudication on the merits in a proceeding brought pursuant to this section.
K. Except in relation to matters in which the officer is adjudged to have acted in bad faith, a law enforcement officer is indemnified by the law enforcement officer's agency against reasonable costs and expenses, including attorney fees, incurred by the officer in connection with any action, suit or proceeding brought pursuant to this section in which the officer may be a defendant by reason of the officer being or having been a member of the law enforcement agency.
L. This section shall be implemented in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons and respecting the privileges and immunities of United States citizens.
Sec. 7. Section 12-512, Arizona Revised Statutes, is amended to read:
12-512. Punitive damages awards; noncitizens
A person who is present in this state in violation of federal immigration law related to improper entry by an alien a noncitizen shall not be awarded punitive damages in any action in any court in this state.
Sec. 8. Section 12-2702, Arizona Revised Statutes, is amended to read:
12-2702. Representation; definition
A. A person desiring immigration and nationality services may be represented by any of the following:
1. Attorneys in the United States.
2. A law student who is enrolled in an accredited law school or a law school graduate who is not yet admitted to the bar, if both of the following apply:
(a) The student or graduate is appearing on an individual case basis at the request of the person entitled to representation.
(b) The student or graduate is permitted to appear by the official before whom the student or graduate wishes to appear including an immigration judge, an immigration district director, an immigration officer-in-charge, a regional immigration commission, the United States commissioner of immigration and naturalization assistant secretary of the united states immigration and customs enforcement, the director of the united states citizenship and immigration services or the immigration board. If in the official's opinion special circumstances warrant it, the official may require that a law student be accompanied by a supervising faculty member or attorney.
3. Any reputable person of good moral character, if all of the following apply:
(a) The person is appearing on an individual case basis, at the request of the person entitled to representation.
(b) The person is appearing without direct or indirect remuneration and the person files a written declaration to that effect.
(c) The person has a preexisting relationship or connection with the person entitled to representation including a relative, neighbor, clergyman, business associate or personal friend, except that this requirement may be waived, as a matter of administrative discretion, in cases in which adequate representation would not otherwise be available.
(d) If the person is appearing on behalf of a client, the person's appearance is permitted by the official before whom the person wishes to appear including an immigration judge, an immigration district director, an immigration officer-in-charge, a regional immigration commissioner, the United States commissioner of immigration and naturalization assistant secretary of the united states immigration and customs enforcement, the director of the united states citizenship and immigration services or the immigration board, except that this permission shall not be granted with respect to any person who regularly engages in immigration and nationality practice or preparation or holds himself oneself out to the public as qualified to do so.
4. A person who is representing an organization accredited by the board of immigration appeals and who has been accredited by the immigration board.
5. An accredited official in the United States of the government to which an alien a noncitizen owes allegiance, if the official appears solely in an official capacity and with the alien's noncitizen's consent.
B. Except as otherwise provided in this section, no other person or persons may represent others in any case, prepare applications or forms or give any legal advice relating to any immigration or naturalization matter.
C. Any person who misrepresents the services the person may provide in immigration or nationality matters is in violation of this chapter.
D. A person or organization may not retain an original document belonging to a client unless authorized by the client.
E. An attorney who practices immigration and nationality law in this state and who is not a member of the state bar of Arizona shall not provide advice on issues of this state's law. An attorney who practices immigration and nationality law in this state and who is not licensed by the state bar of Arizona shall disclose to all persons to whom service is provided that the attorney is not licensed by the state bar of Arizona and shall disclose the state in which the attorney is licensed to practice law. This disclosure must be done in writing at the time the attorney's services are retained.
F. For the purposes of this section, "attorney" means any person who is a member in good standing of the bar of the highest court of any state, possession, territory, commonwealth or district of the United States and who is not under any order of any court suspending, enjoining, restraining, disbarring or otherwise restricting the person in the practice of law.
Sec. 9. Section 13-1509, Arizona Revised Statutes, is amended to read:
13-1509. Wilful failure to complete or carry an alien registration document; exception; authenticated records; classification
A. In addition to any violation of federal law, a person is guilty of willful wilful failure to complete or carry an alien registration document if the person is in violation of 8 United States Code section 1304(e) or 1306(a).
B. In the enforcement of this section, an alien's a noncitizen's immigration status may be determined by:
1. A law enforcement officer who is authorized by the federal government to verify or ascertain an alien's a noncitizen's immigration status.
2. The United States immigration and customs enforcement or the United States customs and border protection pursuant to 8 United States Code section 1373(c).
C. A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not consider race, color or national origin in the enforcement of this section except to the extent permitted as allowed by the United States or Arizona Constitution.
D. A person who is sentenced pursuant to this section is not eligible for suspension of sentence, probation, pardon, commutation of sentence, or release from confinement on any basis except as authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or the person is eligible for release pursuant to section 41-1604.07.
E. In addition to any other penalty prescribed by law, the court shall order the person to pay jail costs.
F. This section does not apply to a person who maintains authorization from the federal government to remain in the United States.
G. Any record that relates to the immigration status of a person is admissible in any court without further foundation or testimony from a custodian of records if the record is certified as authentic by the government agency that is responsible for maintaining the record.
H. A violation of this section is a class 1 misdemeanor, except that the maximum fine is one hundred dollars $100 and for a first violation of this section the court shall not sentence the person to more than twenty days in jail and for a second or subsequent violation the court shall not sentence the person to more than thirty days in jail.
Sec. 10. Section 13-2317, Arizona Revised Statutes, is amended to read:
13-2317. Money laundering; classification; definitions
A. A person is guilty of money laundering in the first degree if the person does any of the following:
1. Knowingly initiates, organizes, plans, finances, directs, manages, supervises or is in the business of money laundering in violation of subsection B of this section.
2. Violates subsection B of this section in the course of or for the purpose of facilitating terrorism or murder.
B. A person is guilty of money laundering in the second degree if the person does any of the following:
1. Acquires or maintains an interest in, transacts, transfers, transports, receives or conceals the existence or nature of racketeering proceeds knowing or having reason to know that they are the proceeds of an offense.
2. Makes property available to another by transaction, transportation or otherwise knowing that it is intended to be used to facilitate racketeering.
3. Conducts a transaction knowing or having reason to know that the property involved is the proceeds of an offense and with the intent to conceal or disguise the nature, location, source, ownership or control of the property or the intent to facilitate racketeering.
4. Intentionally or knowingly makes a false statement, misrepresentation or false certification or makes a false entry or omits a material entry in any application, financial statement, account record, customer receipt, report or other document that is filed or required to be maintained or filed under title 6, chapter 12.
5. Intentionally or knowingly evades or attempts to evade any reporting requirement under sections 6-1220 and 6-1242, whether by structuring transactions as described in 31 Code of Federal Regulations chapter X, by causing any financial institution, money transmitter, trade or business to fail to file the report, by failing to file a required report or record or by any other means.
6. Intentionally or knowingly provides any false information or fails to disclose information that causes any licensee, authorized delegate, money transmitter, trade or business to either:
(a) Fail to file any report or record that is required under sections 6-1220 and 6-1242.
(b) File such a report or record that contains a material omission or misstatement of fact.
7. Intentionally or knowingly falsifies, conceals, covers up or misrepresents or attempts to falsify, conceal, cover up or misrepresent the identity of any person in connection with any transaction with a financial institution or money transmitter.
8. In connection with a transaction with a financial institution or money transmitter, intentionally or knowingly makes, uses, offers or presents or attempts to make, use, offer or present, whether accepted or not, a forged instrument, a falsely altered or completed written instrument or a written instrument that contains any materially false personal identifying information.
9. If the person is a money transmitter, a person engaged in a trade or business or any employee of a money transmitter or a person engaged in a trade or business, intentionally or knowingly accepts false personal identifying information from any person or otherwise knowingly incorporates false personal identifying information into any report or record that is required by sections 6-1220 and 6-1242.
10. Intentionally conducts, controls, manages, supervises, directs or owns all or part of a money transmitting business for which a license is required by title 6, chapter 12 unless the business is licensed pursuant to title 6, chapter 12 and complies with the money transmitting business registration requirements under 31 United States Code section 5330.
C. A person is guilty of money laundering in the third degree if the person intentionally or knowingly does any of the following:
1. In the course of any transaction transmitting money, confers or agrees to confer anything of value on a money transmitter or any employee of a money transmitter that is intended to influence or reward any person for failing to comply with any requirement under title 6, chapter 12.
2. Engages in the business of receiving money for transmission or transmitting money, as an employee or otherwise, and receives anything of value on an agreement or understanding that it is intended to influence or benefit the person for failing to comply with any requirement under title 6, chapter 12.
D. In addition to any other criminal or civil remedy, if a person violates subsection A or B of this section as part of a pattern of violations that involve a total of $100,000 or more in any twelve-month period, the person is subject to forfeiture of substitute assets in an amount that is three times the amount that was involved in the pattern, including conduct that occurred before and after the twelve-month period.
E. Money laundering in the third degree is a class 6 felony. Money laundering in the second degree is a class 3 felony. Money laundering in the first degree is a class 2 felony.
F. The exception that is established by 31 United States Code section 5331(c)(1) does not apply to persons who are engaged in the money accumulation business.
G. For the purposes of this section:
1. The following terms have the same meanings prescribed in section 6-1241:
(a) "Authorized delegate".
(b) "Licensee".
(c) "Money transmitter".
(d) "Trade or business".
2. The following terms have the same meanings prescribed in section 13-2001:
(a) "Falsely alters a written instrument".
(b) "Falsely completes a written instrument".
(c) "Falsely makes a written instrument".
(d) "Forged instrument".
(e) "Personal identifying information".
(f) "Written instrument".
3. The following terms have the same meanings prescribed in section 13-2301:
(a) "Financial institution".
(b) "Financial instrument".
(c) "Racketeering", except that for the purposes of civil remedies sought by the attorney general, racketeering includes any act, regardless of whether the act would be chargeable or indictable under the laws of this state or whether the act is charged or indicted, that is committed for financial gain, punishable by imprisonment for more than one year under the laws of the United States and described in section 274(a)(1)(A)(i), (ii) or (iii) or (a)(2) of the immigration and nationality act (8 United States Code section 1324(a)(1)(A)(i), (ii) or (iii) or (a)(2)) if persons acting in concert in the conduct acquire a total of more than $5,000 through the conduct in a one-month period. For the purpose of forfeiture of property other than real property, the conduct must involve more than three aliens noncitizens in a one-month period. For the purpose of forfeiture of real property, the conduct must involve more than fifteen aliens noncitizens in a one-month period.
4. The following terms have the same meaning meanings prescribed in section 13-2314:
(a) "Acquire".
(b) "Proceeds".
H. For the purposes of this section:
1. "Money accumulation business":
(a) Means obtaining money from a money transmitter as part of any activity that is conducted for financial gain if the money that is obtained by all persons acting in concert in the activity, in amounts of $1,000 or more, totals over $50,000 in the preceding twelve-month period.
(b) Does not include a person who is subject to the reporting requirements under 31 United States Code section 5313.
2. "Offense" has the same meaning prescribed in section 13-105 and includes conduct for which a sentence to a term of incarceration is provided by any law of the United States.
3. "Transaction" means a purchase, sale, trade, loan, pledge, investment, gift, transfer, transmission, delivery, deposit, withdrawal, payment, transfer between accounts, exchange of currency, extension of credit, purchase or sale of any financial instrument or any other acquisition or disposition of property by whatever means.
4. "Transmitting money" means the transmission of money by any means, including transmissions within this country or to or from locations abroad by payment instrument, wire, fax, internet or any other electronic transfer, courier or otherwise.
Sec. 11. Section 13-2319, Arizona Revised Statutes, is amended to read:
13-2319. Smuggling; classification; definitions
A. It is unlawful for a person to intentionally engage in the smuggling of human beings for profit or commercial purpose.
B. A violation of this section is a class 4 felony.
C. Notwithstanding subsection B of this section, a violation of this section:
1. Is a class 2 felony if the human being who is smuggled is under eighteen years of age and is not accompanied by a family member over eighteen years of age or the offense involved the use of a deadly weapon or dangerous instrument.
2. Is a class 3 felony if the offense involves the use or threatened use of deadly physical force and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any other basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court is served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
D. Chapter 10 of this title does not apply to a violation of subsection C, paragraph 1 of this section.
E. Notwithstanding any other law, in the enforcement of this section a peace officer may lawfully stop any person who is operating a motor vehicle if the officer has reasonable suspicion to believe the person is in violation of any civil traffic law.
F. For the purposes of this section:
1. "Family member" means the person's parent, grandparent, sibling or any other person who is related to the person by consanguinity or affinity to the second degree.
2. "Procurement of transportation" means any participation in or facilitation of transportation and includes:
(a) Providing services that facilitate transportation including travel arrangement services or money transmission services.
(b) Providing property that facilitates transportation, including a weapon, a vehicle or other means of transportation or false identification, or selling, leasing, renting or otherwise making available a drop house as defined in section 13-2322.
3. "Smuggling of human beings" means the transportation, procurement of transportation or use of property or real property by a person or an entity that knows or has reason to know that the person or persons transported or to be transported are not United States citizens, permanent resident aliens noncitizens or persons otherwise lawfully in this state or have attempted to enter, entered or remained in the United States in violation of law.
Sec. 12. Section 13-2928, Arizona Revised Statutes, is amended to read:
13-2928. Unlawful stopping to hire and pick up passengers for work; unlawful application, solicitation or employment; classification; definitions
A. It is unlawful for an occupant of a motor vehicle that is stopped on a street, roadway or highway to attempt to hire or hire and pick up passengers for work at a different location if the motor vehicle blocks or impedes the normal movement of traffic.
B. It is unlawful for a person to enter a motor vehicle that is stopped on a street, roadway or highway in order to be hired by an occupant of the motor vehicle and to be transported to work at a different location if the motor vehicle blocks or impedes the normal movement of traffic.
C. It is unlawful for a person who is unlawfully present in the United States and who is an unauthorized alien noncitizen to knowingly apply for work, solicit work in a public place or perform work as an employee or independent contractor in this state.
D. A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not consider race, color or national origin in the enforcement of this section except to the extent permitted as allowed by the United States or Arizona Constitution.
E. In the enforcement of this section, an alien's a noncitizen's immigration status may be determined by:
1. A law enforcement officer who is authorized by the federal government to verify or ascertain an alien's a noncitizen's immigration status.
2. The United States immigration and customs enforcement or the United States customs and border protection pursuant to 8 United States Code section 1373(c).
F. A violation of this section is a class 1 misdemeanor.
G. For the purposes of this section:
1. "Solicit" means verbal or nonverbal communication by a gesture or a nod that would indicate to a reasonable person that a person is willing to be employed.
2. "Unauthorized alien noncitizen" means an alien a noncitizen who does not have the legal right or authorization under federal law to work in the United States as described in 8 United States Code section 1324a(h)(3).
Sec. 13. Section 13-2929, Arizona Revised Statutes, is amended to read:
13-2929. Unlawful transporting, moving, concealing, harboring or shielding of unauthorized noncitizens; vehicle impoundment; exception; classification
A. It is unlawful for a person who is in violation of a criminal offense to:
1. Transport or move or attempt to transport or move an alien a noncitizen in this state, in furtherance of the illegal unauthorized presence of the alien noncitizen in the United States, in a means of transportation if the person knows or recklessly disregards the fact that the alien noncitizen has come to, has entered or remains in the United States in violation of law.
2. Conceal, harbor or shield or attempt to conceal, harbor or shield an alien a noncitizen from detection in any place in this state, including any building or any means of transportation, if the person knows or recklessly disregards the fact that the alien noncitizen has come to, has entered or remains in the United States in violation of law.
3. Encourage or induce an alien a noncitizen to come to or reside in this state if the person knows or recklessly disregards the fact that such coming to, entering or residing in this state is or will be in violation of law.
B. A means of transportation that is used in the commission of a violation of this section is subject to mandatory vehicle immobilization or impoundment pursuant to section 28-3511.
C. A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not consider race, color or national origin in the enforcement of this section except to the extent permitted as allowed by the United States constitution or Arizona Constitution.
D. In the enforcement of this section, an alien's a noncitizen's immigration status may be determined by:
1. A law enforcement officer who is authorized by the federal government to verify or ascertain an alien's a noncitizen's immigration status.
2. The United States immigration and customs enforcement or the United States customs and border protection pursuant to 8 United States Code section 1373(c).
E. This section does not apply to a child safety worker acting in the worker's official capacity or a person who is acting in the capacity of a first responder, an ambulance attendant or an emergency medical technician and who is transporting or moving an alien a noncitizen in this state pursuant to title 36, chapter 21.1.
F. A person who violates this section is guilty of a class 1 misdemeanor and is subject to a fine of at least one thousand dollars $1,000, except that a violation of this section that involves ten or more illegal aliens undocumented noncitizens is a class 6 felony and the person is subject to a fine of at least one thousand dollars $1,000 for each alien undocumented noncitizen who is involved.
Sec. 14. Section 13-3101, Arizona Revised Statutes, is amended to read:
13-3101. Definitions
A. In this chapter, unless the context otherwise requires:
1. "Deadly weapon" means anything that is designed for lethal use. The term includes a firearm.
2. "Deface" means to remove, alter or destroy the manufacturer's serial number.
3. "Explosive" means any dynamite, nitroglycerine, black powder, or other similar explosive material, including plastic explosives. Explosive does not include ammunition or ammunition components such as primers, percussion caps, smokeless powder, black powder and black powder substitutes used for hand loading purposes.
4. "Firearm" means any loaded or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will expel, is designed to expel or may readily be converted to expel a projectile by the action of an explosive. Firearm does not include a firearm in permanently inoperable condition.
5. "Improvised explosive device" means a device that incorporates explosives or destructive, lethal, noxious, pyrotechnic or incendiary chemicals and that is designed to destroy, disfigure, terrify or harass.
6. "Occupied structure" means any building, object, vehicle, watercraft, aircraft or place with sides and a floor that is separately securable from any other structure attached to it, that is used for lodging, business, transportation, recreation or storage and in which one or more human beings either are or are likely to be present or so near as to be in equivalent danger at the time the discharge of a firearm occurs. Occupied structure includes any dwelling house, whether occupied, unoccupied or vacant.
7. "Prohibited possessor" means any person:
(a) Who has been found to constitute a danger to self or to others or to have a persistent or acute disability or grave disability pursuant to court order pursuant to section 36-540, and whose right to possess a firearm has not been restored pursuant to section 13-925.
(b) Who has been convicted within or without this state of a felony or who has been adjudicated delinquent for a felony and whose civil right to possess or carry a firearm has not been restored.
(c) Who is at the time of possession serving a term of imprisonment in any correctional or detention facility.
(d) Who is at the time of possession serving a term of probation pursuant to a conviction for a domestic violence offense as defined in section 13-3601 or a felony offense, parole, community supervision, work furlough, home arrest or release on any other basis or who is serving a term of probation or parole pursuant to the interstate compact under title 31, chapter 3, article 4.1.
(e) Who is an undocumented alien noncitizen or a nonimmigrant alien nonresident traveling with or without documentation in this state for business or pleasure or who is studying in this state and who maintains a foreign residence abroad. This subdivision does not apply to:
(i) Nonimmigrant aliens nonresidents who possess a valid hunting license or permit that is lawfully issued by a state in the United States.
(ii) Nonimmigrant aliens nonresidents who enter the United States to participate in a competitive target shooting event or to display firearms at a sports sporting or hunting trade show that is sponsored by a national, state or local firearms trade organization devoted to the competitive use or other sporting use of firearms.
(iii) Certain diplomats.
(iv) Officials of foreign governments or distinguished foreign visitors who are designated by the United States department of state.
(v) Persons who have received a waiver from the United States attorney general.
(f) Who has been found incompetent pursuant to rule 11, Arizona rules of criminal procedure, and who subsequently has not been found competent.
(g) Who is found guilty except insane.
8. "Prohibited weapon":
(a) Includes the following:
(i) An item that is a bomb, grenade, rocket having a propellant charge of more than four ounces or mine and that is explosive, incendiary or poison gas.
(ii) A device that is designed, made or adapted to muffle the report of a firearm.
(iii) A firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger.
(iv) A rifle with a barrel length of less than sixteen inches, or shotgun with a barrel length of less than eighteen inches, or any firearm that is made from a rifle or shotgun and that, as modified, has an overall length of less than twenty-six inches.
(v) A breakable container that contains a flammable liquid with a flash point of one hundred fifty degrees Fahrenheit or less and that has a wick or similar device capable of being ignited.
(vi) A chemical or combination of chemicals, compounds or materials, including dry ice, that is possessed or manufactured for the purpose of generating a gas to cause a mechanical failure, rupture or bursting or an explosion or detonation of the chemical or combination of chemicals, compounds or materials.
(vii) An improvised explosive device.
(viii) Any combination of parts or materials that is designed and intended for use in making or converting a device into an item set forth in item (i), (v) or (vii) of this subdivision.
(b) Does not include:
(i) Any fireworks that are imported, distributed or used in compliance with state laws or local ordinances.
(ii) Any propellant, propellant actuated devices or propellant actuated industrial tools that are manufactured, imported or distributed for their intended purposes.
(iii) A device that is commercially manufactured primarily for the purpose of illumination.
9. "Trafficking" means to sell, transfer, distribute, dispense or otherwise dispose of a weapon or explosive to another person, or to buy, receive, possess or obtain control of a weapon or explosive, with the intent to sell, transfer, distribute, dispense or otherwise dispose of the weapon or explosive to another person.
B. The items set forth in subsection A, paragraph 8, subdivision (a), items (i), (ii), (iii) and (iv) of this section do not include any firearms or devices that are possessed, manufactured or transferred in compliance with federal law.
Sec. 15. Section 14-2111, Arizona Revised Statutes, is amended to read:
14-2111. Effect of noncitizen status on distribution of estate
No person is disqualified to take as an heir because that person or a person through whom that person claims is or has been an alien a noncitizen.
Sec. 16. Section 15-973, Arizona Revised Statutes, is amended to read:
15-973. Apportionment of funds; expenditure limitation
A. The state board of education shall apportion state aid from appropriations made for that purpose to the several counties on the basis of state aid entitlement for the school districts in each county. An allowance shall not be made for nonresident alien noncitizen children or for wards of the United States for whom tuition is paid, but attendance of a student in a school of a county adjoining the county of the student's residence outside the state under a certificate of educational convenience as provided by section 15-825 shall be deemed to be enrollment in the school of the county or school district of the student's residence.
B. Apportionments shall be made as follows:
1. By the close of business on the fifteenth day of business of July, one-twelfth of the total amount to be apportioned during the fiscal year.
2. By the close of business on the fifteenth day of business of August, one-twelfth of the total amount to be apportioned during the fiscal year.
3. By the close of business on the fifteenth day of business of September, one-twelfth of the total amount to be apportioned during the fiscal year.
4. By the close of business on the fifteenth day of business of October, one-twelfth of the total amount to be apportioned during the fiscal year.
5. By the close of business on the fifteenth day of business of November, one-twelfth of the total amount to be apportioned during the fiscal year.
6. By the close of business on the fifteenth day of business of December, one-twelfth of the total amount to be apportioned during the fiscal year.
7. By the close of business on the fifteenth day of business of January, one-twelfth of the total amount to be apportioned during the fiscal year.
8. By the close of business on the fifteenth day of business of February, one-twelfth of the total amount to be apportioned during the fiscal year.
9. By the close of business on the fifteenth day of business of March, one-twelfth of the total amount to be apportioned during the fiscal year.
10. By the close of business on the fifteenth day of business of April, one-twelfth of the total amount to be apportioned during the fiscal year.
11. By the close of business on the fifteenth day of business of May, one-twelfth of the total amount to be apportioned during the fiscal year.
12. By the close of business on the fifteenth day of business of June, one-twelfth of the total amount to be apportioned during the fiscal year.
The superintendent of public instruction shall furnish to the county treasurer and the county school superintendent an abstract of the apportionment and shall certify the apportionment to the department of administration, which shall draw its warrant in favor of the county treasurer of each county for the amount apportioned. On receipt of the warrant, the county treasurer shall notify the county school superintendent of the amount, together with any other monies standing to the credit of that school district, in the county school fund.
C. Notwithstanding subsection B of this section, if sufficient appropriated monies are available and on a showing by a school district that additional state monies are necessary for current expenses, an apportionment or part of an apportionment of state aid may be paid to the school district before the date set for that apportionment by subsection B of this section. A school district may not receive more than three-fourths of its total apportionment before May 1 of the fiscal year. Early payments pursuant to this subsection must be approved by the state treasurer, the director of the department of administration and the superintendent of public instruction.
D. The superintendent of public instruction shall not make application to the federal government to utilize title VIII of the elementary and secondary education act of 1965 monies in determining the apportionment prescribed in this section.
E. If a school district that is eligible to receive monies pursuant to this article is unable to meet a scheduled payment on any lawfully incurred long-term obligation for debt service as provided in section 15-1022, the county treasurer shall use any amount distributed pursuant to this section to make the payment. The county treasurer shall keep a record of all the instances in which a payment is made pursuant to this subsection. Any monies subsequently collected by the district to make the scheduled payment shall be used to replace the amount diverted pursuant to this subsection. When determining the total amount to be funded by a levy of secondary taxes on property within the school district for the following fiscal year, the county board of supervisors shall add to the amounts budgeted to be expended during the following fiscal year an amount equal to the total of all payments pursuant to this subsection during the current fiscal year that were not repaid during the current year.
F. The total amount of state monies that may be spent in any fiscal year by the state board of education for apportionment of state aid for education shall not exceed the amount appropriated or authorized by section 35-173 for that purpose. This section does not impose a duty on an officer, agent or employee of this state to discharge a responsibility or create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.
G. The department of education may require local education agencies to submit the student level data necessary to determine the apportionment of state aid pursuant to this section on or before July 1 and on or before the first day of each month thereafter.
Sec. 17. Section 15-1803, Arizona Revised Statutes, is amended to read:
15-1803. Noncitizen in-state student status; nonresident tuition exemption
A. An alien A noncitizen is entitled to classification as an in-state refugee student if the person has been granted refugee status in accordance with all applicable laws of the United States and has met all other requirements for domicile.
B. Notwithstanding any other law, a student, other than a nonimmigrant alien as described in 8 United States Code section 1101(a)(15), who meets both of the following requirements is eligible for in-state tuition at any university under the jurisdiction of the Arizona board of regents or at any community college as defined in section 15-1401:
1. Attended any public or private high school option or homeschool equivalent pursuant to section 15-802 while physically present in this state for at least two years.
2. Graduated from any public or private high school option or homeschool equivalent pursuant to section 15-802 while physically present in this state or obtained a high school equivalency diploma in this state.
C. Persons without lawful immigration status are eligible for in-state tuition pursuant to subsection B of this section.
Sec. 18. Section 17-101, Arizona Revised Statutes, is amended to read:
17-101. Definitions
A. In this title, unless the context otherwise requires:
1. "Angling" means taking fish by one line and not more than two hooks, by one line and one artificial lure, which may have attached more than one hook, or by one line and not more than two artificial flies or lures.
2. "Bag limit" means the maximum limit, in number or amount, of wildlife that any one person may lawfully take during a specified period of time.
3. "Closed season" means the time during which wildlife may not be lawfully taken.
4. "Commission" means the Arizona game and fish commission.
5. "Department" means the Arizona game and fish department.
6. "Device" means any net, trap, snare, salt lick, scaffold, deadfall, pit, explosive, poison or stupefying substance, crossbow, firearm, bow and arrow, or other implement used for taking wildlife. Device does not include a raptor or any equipment used in the sport of falconry.
7. "Domicile" means a person's true, fixed and permanent home and principal residence. Proof of domicile in this state may be shown as prescribed by rule by the commission.
8. "Falconry" means the sport of hunting or taking quarry with a trained raptor.
9. "Fishing" means to lure, attract or pursue aquatic wildlife in such a manner that the wildlife may be captured or killed.
10. "Fur dealer" means any person engaged in the business of buying for resale the raw pelts or furs of wild mammals.
11. "Guide" means a person who meets any of the following:
(a) Advertises for guiding services.
(b) Holds himself out to the public for hire as a guide.
(c) Is employed by a commercial enterprise as a guide.
(d) Accepts compensation in any form commensurate with the market value in this state for guiding services in exchange for aiding, assisting, directing, leading or instructing a person in the field to locate and take wildlife.
(e) Is not a landowner or lessee who, without full fair market compensation, allows access to the landowner's or lessee's property and directs and advises a person in taking wildlife.
12. "License classification" means a type of license, permit, tag or stamp authorized under this title and prescribed by the commission by rule to take, handle or possess wildlife.
13. "License year" means the twelve-month period between January 1 and December 31, inclusive, or a different twelve-month period as prescribed by the commission by rule.
14. "Nonresident", for the purposes of applying for a license, permit, tag or stamp, means a citizen of the United States or an alien a noncitizen who is not a resident.
15. "Open season" means the time during which wildlife may be lawfully taken.
16. "Possession limit" means the maximum limit, in number or amount of wildlife, that any one person may possess at one time.
17. "Resident", for the purposes of applying for a license, permit, tag or stamp, means a person who is:
(a) A member of the armed forces of the United States on active duty and who is stationed in:
(i) This state for a period of thirty days immediately preceding the date of applying for a license, permit, tag or stamp.
(ii) Another state or country but who lists this state as the person's home of record at the time of applying for a license, permit, tag or stamp.
(b) Domiciled in this state for six months immediately preceding the date of applying for a license, permit, tag or stamp and who does not claim residency privileges for any purpose in any other state or jurisdiction.
(c) A youth who resides with and is under the guardianship of a person who is a resident.
18. "Road" means any maintained right-of-way for public conveyance.
19. "Statewide" means all lands except those areas lying within the boundaries of state and federal refuges, parks and monuments, unless specifically provided differently by commission order.
20. "Take" means pursuing, shooting, hunting, fishing, trapping, killing, capturing, snaring or netting wildlife or placing or using any net or other device or trap in a manner that may result in capturing or killing wildlife.
21. "Taxidermist" means any person who engages for hire in mounting, refurbishing, maintaining, restoring or preserving any display specimen.
22. "Traps" or "trapping" means taking wildlife in any manner except with a gun or other implement in hand.
23. "Wild" means, in reference to mammals and birds, those species that are normally found in a state of nature.
24. "Wildlife" means all wild mammals, wild birds and the nests or eggs thereof, reptiles, amphibians, mollusks, crustaceans and fish, including their eggs or spawn.
25. "Youth" means a person who is under eighteen years of age.
26. "Zoo" means a commercial facility open to the public where the principal business is holding wildlife in captivity for exhibition purposes.
B. The following definitions of wildlife shall apply:
1. "Aquatic wildlife" means fish, amphibians, mollusks, crustaceans and soft-shelled turtles.
2. "Big game" means wild turkey, deer, elk, pronghorn (antelope), bighorn sheep, bison (buffalo), peccary (javelina), bear and mountain lion.
3. "Fur-bearing animals" means muskrats, raccoons, otters, weasels, bobcats, beavers, badgers and ringtail cats.
4. "Game fish" means trout of all species, bass of all species, catfish of all species, sunfish of all species, northern pike, walleye and yellow perch.
5. "Game mammals" means deer, elk, bear, pronghorn (antelope), bighorn sheep, bison (buffalo), peccary (javelina), mountain lion, tree squirrel and cottontail rabbit.
6. "Migratory game birds" means wild waterfowl, including ducks, geese and swans, sandhill cranes, all coots, all gallinules, common snipe, wild doves and bandtail pigeons.
7. "Nongame animals" means all wildlife except game mammals, game birds, fur-bearing animals, predatory animals and aquatic wildlife.
8. "Nongame birds" means all birds except upland game birds and migratory game birds.
9. "Nongame fish" means all the species of fish except game fish.
10. "Predatory animals" means foxes, skunks, coyotes and bobcats.
11. "Raptors" means birds that are members of the order of falconiformes or strigiformes and includes falcons, hawks, owls, eagles and other birds that the commission may classify as raptors.
12. "Small game" means cottontail rabbits, tree squirrels, upland game birds and migratory game birds.
13. "Trout" means all species of the family salmonidae, including grayling.
14. "Upland game birds" means quail, partridge, grouse and pheasants.
Sec. 19. Heading change
The article heading of title 23, chapter 2, article 2, Arizona Revised Statutes, is changed from "EMPLOYMENT OF UNAUTHORIZED ALIENS" to "EMPLOYMENT OF UNAUTHORIZED NONCITIZENS"
Sec. 20. Section 23-211, Arizona Revised Statutes, is amended to read:
23-211. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means any agency, department, board or commission of this state or a county, city or town that issues a license for purposes of operating a business in this state.
2. "Employ" means hiring an employee after December 31, 2007.
3. "Employee":
(a) Means any person who provides services or labor for an employer in this state for wages or other remuneration.
(b) Does not include an independent contractor.
4. "Employer" means any individual or type of organization that transacts business in this state, that has a license issued by an agency in this state and that employs one or more employees in this state. Employer includes this state, any political subdivision of this state and self-employed persons. In the case of an independent contractor, employer means the independent contractor and does not mean the person or organization that uses the contract labor.
5. "E-verify program" means the employment verification program as jointly administered by the United States department of homeland security and the social security administration or any of its successor programs.
6. "Independent contractor" means any individual or entity that carries on an independent business, that contracts to do a piece of work according to the individual's or entity's own means and methods and that is subject to control only as to results. Whether an individual or entity is an independent contractor is determined on a case-by-case basis through various factors, including whether the individual or entity:
(a) Supplies the tools or materials.
(b) Makes services available to the general public.
(c) Works or may work for a number of clients at the same time.
(d) Has an opportunity for profit or loss as a result of labor or service provided.
(e) Invests in the facilities for work.
(f) Directs the order or sequence in which the work is completed.
(g) Determines the hours when the work is completed.
7. "Intentionally" has the same meaning prescribed in section 13-105.
8. "Knowingly employ an unauthorized alien noncitizen" means the actions described in 8 United States Code section 1324a. This term shall be interpreted consistently with 8 United States Code section 1324a and any applicable federal rules and regulations.
9. "License":
(a) Means any agency permit, certificate, approval, registration, charter or similar form of authorization that is required by law and that is issued by any agency for the purposes of operating to operate a business in this state.
(b) Includes:
(i) Articles of incorporation under title 10.
(ii) A certificate of partnership, a partnership registration or articles of organization under title 29.
(iii) A grant of authority issued under title 10, chapter 15.
(iv) Any transaction privilege tax license.
(c) Does not include:
(i) Any license issued pursuant to title 45 or 49 or rules adopted pursuant to those titles.
(ii) Any professional license.
10. "Unauthorized alien noncitizen" means an alien a noncitizen who does not have the legal right or authorization under federal law to work in the United States as described in 8 United States Code section 1324a(h)(3).
Sec. 21. Section 23-212, Arizona Revised Statutes, is amended to read:
23-212. Knowingly employing unauthorized noncitizens; prohibition; false and frivolous complaints; violation; classification; license suspension and revocation; affirmative defense
A. An employer shall not knowingly employ an unauthorized alien noncitizen. If, in the case when an employer uses a contract, subcontract or other independent contractor agreement to obtain the labor of an alien a noncitizen in this state, the employer knowingly contracts with an unauthorized alien noncitizen or with a person who employs or contracts with an unauthorized alien noncitizen to perform the labor, the employer violates this subsection.
B. The attorney general shall prescribe a complaint form for a person to allege a violation of subsection A of this section. The complainant shall not be required to list the complainant's social security number on the complaint form or to have the complaint form notarized. On receipt of a complaint on a prescribed complaint form that an employer allegedly knowingly employs an unauthorized alien noncitizen, the attorney general or county attorney shall investigate whether the employer has violated subsection A of this section. If a complaint is received but is not submitted on a prescribed complaint form, the attorney general or county attorney may investigate whether the employer has violated subsection A of this section. This subsection shall not be construed to does not prohibit the filing of anonymous complaints that are not submitted on a prescribed complaint form. The attorney general or county attorney shall not investigate complaints that are based solely on race, color or national origin. A complaint that is submitted to a county attorney shall be submitted to the county attorney in the county in which the alleged unauthorized alien noncitizen is or was employed by the employer. The county sheriff or any other local law enforcement agency may assist in investigating a complaint. When investigating a complaint, the attorney general or county attorney shall verify the work authorization of the alleged unauthorized alien noncitizen with the federal government pursuant to 8 United States Code section 1373(c). A state, county or local official shall not attempt to independently make a final determination on whether an alien a noncitizen is authorized to work in the United States. An alien's a noncitizen's immigration status or work authorization status shall be verified with the federal government pursuant to 8 United States Code section 1373(c). A person who knowingly files a false and frivolous complaint under this subsection is guilty of a class 3 misdemeanor.
C. If, after an investigation, the attorney general or county attorney determines that the complaint is not false and frivolous:
1. The attorney general or county attorney shall notify the United States immigration and customs enforcement of the unauthorized alien noncitizen.
2. The attorney general or county attorney shall notify the local law enforcement agency of the unauthorized alien noncitizen.
3. The attorney general shall notify the appropriate county attorney to bring an action pursuant to subsection D of this section if the complaint was originally filed with the attorney general.
D. An action for a violation of subsection A of this section shall be brought against the employer by the county attorney in the county where the unauthorized alien noncitizen employee is or was employed by the employer. The county attorney shall not bring an action against any employer for any violation of subsection A of this section that occurs before January 1, 2008. A second violation of this section shall be based only on an unauthorized alien noncitizen who is or was employed by the employer after an action has been brought for a violation of subsection A of this section or section 23-212.01, subsection A.
E. For any action in superior court under this section, the court shall expedite the action, including assigning the hearing at the earliest practicable date.
F. On a finding of a violation of subsection A of this section:
1. For a first violation, as described in paragraph 3 of this subsection, the court:
(a) Shall order the employer to terminate the employment of all unauthorized aliens noncitizens.
(b) Shall order the employer to be subject to a three year three-year probationary period for the business location where the unauthorized alien noncitizen performed work. During the probationary period the employer shall file quarterly reports in the form provided in section 23-722.01 with the county attorney of each new employee who is hired by the employer at the business location where the unauthorized alien noncitizen performed work.
(c) Shall order the employer to file a signed sworn affidavit with the county attorney within three business days after the order is issued. The affidavit shall state that the employer has terminated the employment of all unauthorized aliens noncitizens in this state and that the employer will not intentionally or knowingly employ an unauthorized alien noncitizen in this state. The court shall order the appropriate agencies to suspend all licenses subject to this subdivision that are held by the employer if the employer fails to file a signed sworn affidavit with the county attorney within three business days after the order is issued. All licenses that are suspended under this subdivision shall remain suspended until the employer files a signed sworn affidavit with the county attorney. Notwithstanding any other law, on filing of the affidavit the suspended licenses shall be reinstated immediately by the appropriate agencies. For the purposes of this subdivision, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer specific to the business location where the unauthorized alien noncitizen performed work. If the employer does not hold a license specific to the business location where the unauthorized alien noncitizen performed work, but a license is necessary to operate the employer's business in general, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer at the employer's primary place of business. On receipt of the court's order and notwithstanding any other law, the appropriate agencies shall suspend the licenses according to the court's order. The court shall send a copy of the court's order to the attorney general and the attorney general shall maintain the copy pursuant to subsection G of this section.
(d) May order the appropriate agencies to suspend all licenses described in subdivision (c) of this paragraph that are held by the employer for not to exceed more than ten business days. The court shall base its decision to suspend the licenses under this subdivision on any evidence or information submitted to it during the action for a violation of this subsection and shall consider the following factors, if relevant:
(i) The number of unauthorized aliens noncitizens employed by the employer.
(ii) Any prior misconduct by the employer.
(iii) The degree of harm resulting from the violation.
(iv) Whether the employer made good faith efforts to comply with any applicable requirements.
(v) The duration of the violation.
(vi) The role of the directors, officers or principals of the employer in the violation.
(vii) Any other factors the court deems appropriate.
2. For a second violation, as described in paragraph 3 of this subsection, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer specific to the business location where the unauthorized alien noncitizen performed work. If the employer does not hold a license specific to the business location where the unauthorized alien noncitizen performed work, but a license is necessary to operate the employer's business in general, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer at the employer's primary place of business. On receipt of the order and notwithstanding any other law, the appropriate agencies shall immediately revoke the licenses.
3. The violation shall be is considered:
(a) A first violation by an employer at a business location if the violation did not occur during a probationary period ordered by the court under this subsection or section 23-212.01, subsection F for that employer's business location.
(b) A second violation by an employer at a business location if the violation occurred during a probationary period ordered by the court under this subsection or section 23-212.01, subsection F for that employer's business location.
G. The attorney general shall maintain copies of court orders that are received pursuant to subsection F of this section and shall maintain a database of the employers and business locations that have a first violation of subsection A of this section and make the court orders available on the attorney general's website.
H. On determining whether an employee is an unauthorized alien noncitizen, the court shall consider only the federal government's determination pursuant to 8 United States Code section 1373(c). The federal government's determination creates a rebuttable presumption of the employee's lawful status. The court may take judicial notice of the federal government's determination and may request the federal government to provide automated or testimonial verification pursuant to 8 United States Code section 1373(c).
I. For the purposes of this section, proof of verifying the employment authorization of an employee through the e-verify program creates a rebuttable presumption that an employer did not knowingly employ an unauthorized alien noncitizen.
J. For the purposes of this section, an employer that establishes that it has complied in good faith with the requirements of 8 United States Code section 1324a(b) establishes an affirmative defense that the employer did not knowingly employ an unauthorized alien noncitizen. An employer is considered to have complied with the requirements of 8 United States Code section 1324a(b), notwithstanding an isolated, sporadic or accidental technical or procedural failure to meet the requirements, if there is a good faith attempt to comply with the requirements.
K. It is an affirmative defense to a violation of subsection A of this section that the employer was entrapped. To claim entrapment, the employer must admit by the employer's testimony or other evidence the substantial elements of the violation. An employer who asserts an entrapment defense has the burden of proving the following by a preponderance of the evidence:
1. The idea of committing the violation started with law enforcement officers or their agents rather than with the employer.
2. The law enforcement officers or their agents urged and induced the employer to commit the violation.
3. The employer was not predisposed to commit the violation before the law enforcement officers or their agents urged and induced the employer to commit the violation.
L. An employer does not establish entrapment if the employer was predisposed to violate subsection A of this section and the law enforcement officers or their agents merely provided the employer with an opportunity to commit the violation. It is not entrapment for law enforcement officers or their agents merely to use a ruse or to conceal their identity. The conduct of law enforcement officers and their agents may be considered in determining if an employer has proven entrapment.
Sec. 22. Section 23-212.01, Arizona Revised Statutes, is amended to read:
23-212.01. Intentionally employing unauthorized noncitizens; prohibition; false and frivolous complaints; violation; classification; license suspension and revocation; affirmative defense
A. An employer shall not intentionally employ an unauthorized alien noncitizen. If, in the case when an employer uses a contract, subcontract or other independent contractor agreement to obtain the labor of an alien a noncitizen in this state, the employer intentionally contracts with an unauthorized alien noncitizen or with a person who employs or contracts with an unauthorized alien noncitizen to perform the labor, the employer violates this subsection.
B. The attorney general shall prescribe a complaint form for a person to allege a violation of subsection A of this section. The complainant shall not be required to list the complainant's social security number on the complaint form or to have the complaint form notarized. On receipt of a complaint on a prescribed complaint form that an employer allegedly intentionally employs an unauthorized alien noncitizen, the attorney general or county attorney shall investigate whether the employer has violated subsection A of this section. If a complaint is received but is not submitted on a prescribed complaint form, the attorney general or county attorney may investigate whether the employer has violated subsection A of this section. This subsection shall does not be construed to prohibit the filing of anonymous complaints that are not submitted on a prescribed complaint form. The attorney general or county attorney shall not investigate complaints that are based solely on race, color or national origin. A complaint that is submitted to a county attorney shall be submitted to the county attorney in the county in which the alleged unauthorized alien noncitizen is or was employed by the employer. The county sheriff or any other local law enforcement agency may assist in investigating a complaint. When investigating a complaint, the attorney general or county attorney shall verify the work authorization of the alleged unauthorized alien noncitizen with the federal government pursuant to 8 United States Code section 1373(c). A state, county or local official shall not attempt to independently make a final determination on whether an alien a noncitizen is authorized to work in the United States. An alien's A noncitizen's immigration status or work authorization status shall be verified with the federal government pursuant to 8 United States Code section 1373(c). A person who knowingly files a false and frivolous complaint under this subsection is guilty of a class 3 misdemeanor.
C. If, after an investigation, the attorney general or county attorney determines that the complaint is not false and frivolous:
1. The attorney general or county attorney shall notify the United States immigration and customs enforcement of the unauthorized alien noncitizen.
2. The attorney general or county attorney shall notify the local law enforcement agency of the unauthorized alien noncitizen.
3. The attorney general shall notify the appropriate county attorney to bring an action pursuant to subsection D of this section if the complaint was originally filed with the attorney general.
D. An action for a violation of subsection A of this section shall be brought against the employer by the county attorney in the county where the unauthorized alien noncitizen employee is or was employed by the employer. The county attorney shall not bring an action against any employer for any violation of subsection A of this section that occurs before January 1, 2008. A second violation of this section shall be based only on an unauthorized alien noncitizen who is or was employed by the employer after an action has been brought for a violation of subsection A of this section or section 23-212, subsection A.
E. For any action in superior court under this section, the court shall expedite the action, including assigning the hearing at the earliest practicable date.
F. On a finding of a violation of subsection A of this section:
1. For a first violation, as described in paragraph 3 of this subsection, the court shall:
(a) Order the employer to terminate the employment of all unauthorized aliens noncitizens.
(b) Order the employer to be subject to a five year five-year probationary period for the business location where the unauthorized alien noncitizen performed work. During the probationary period the employer shall file quarterly reports in the form provided in section 23-722.01 with the county attorney of each new employee who is hired by the employer at the business location where the unauthorized alien noncitizen performed work.
(c) Order the appropriate agencies to suspend all licenses described in subdivision (d) of this paragraph that are held by the employer for a minimum of ten days. The court shall base its decision on the length of the suspension under this subdivision on any evidence or information submitted to it during the action for a violation of this subsection and shall consider the following factors, if relevant:
(i) The number of unauthorized aliens noncitizens employed by the employer.
(ii) Any prior misconduct by the employer.
(iii) The degree of harm resulting from the violation.
(iv) Whether the employer made good faith efforts to comply with any applicable requirements.
(v) The duration of the violation.
(vi) The role of the directors, officers or principals of the employer in the violation.
(vii) Any other factors the court deems appropriate.
(d) Order the employer to file a signed sworn affidavit with the county attorney. The affidavit shall state that the employer has terminated the employment of all unauthorized aliens noncitizens in this state and that the employer will not intentionally or knowingly employ an unauthorized alien noncitizen in this state. The court shall order the appropriate agencies to suspend all licenses subject to this subdivision that are held by the employer if the employer fails to file a signed sworn affidavit with the county attorney within three business days after the order is issued. All licenses that are suspended under this subdivision for failing to file a signed sworn affidavit shall remain suspended until the employer files a signed sworn affidavit with the county attorney. For the purposes of this subdivision, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer specific to the business location where the unauthorized alien noncitizen performed work. If the employer does not hold a license specific to the business location where the unauthorized alien noncitizen performed work, but a license is necessary to operate the employer's business in general, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer at the employer's primary place of business. On receipt of the court's order and notwithstanding any other law, the appropriate agencies shall suspend the licenses according to the court's order. The court shall send a copy of the court's order to the attorney general and the attorney general shall maintain the copy pursuant to subsection G of this section.
2. For a second violation, as described in paragraph 3 of this subsection, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer specific to the business location where the unauthorized alien noncitizen performed work. If the employer does not hold a license specific to the business location where the unauthorized alien noncitizen performed work, but a license is necessary to operate the employer's business in general, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer at the employer's primary place of business. On receipt of the order and notwithstanding any other law, the appropriate agencies shall immediately revoke the licenses.
3. The violation shall be is considered:
(a) A first violation by an employer at a business location if the violation did not occur during a probationary period ordered by the court under this subsection or section 23-212, subsection F for that employer's business location.
(b) A second violation by an employer at a business location if the violation occurred during a probationary period ordered by the court under this subsection or section 23-212, subsection F for that employer's business location.
G. The attorney general shall maintain copies of court orders that are received pursuant to subsection F of this section and shall maintain a database of the employers and business locations that have a first violation of subsection A of this section and make the court orders available on the attorney general's website.
H. On determining whether an employee is an unauthorized alien noncitizen, the court shall consider only the federal government's determination pursuant to 8 United States Code section 1373(c). The federal government's determination creates a rebuttable presumption of the employee's lawful status. The court may take judicial notice of the federal government's determination and may request the federal government to provide automated or testimonial verification pursuant to 8 United States Code section 1373(c).
I. For the purposes of this section, proof of verifying the employment authorization of an employee through the e-verify program creates a rebuttable presumption that an employer did not intentionally employ an unauthorized alien noncitizen.
J. For the purposes of this section, an employer that establishes that it has complied in good faith with the requirements of 8 United States Code section 1324a(b) establishes an affirmative defense that the employer did not intentionally employ an unauthorized alien noncitizen. An employer is considered to have complied with the requirements of 8 United States Code section 1324a(b), notwithstanding an isolated, sporadic or accidental technical or procedural failure to meet the requirements, if there is a good faith attempt to comply with the requirements.
K. It is an affirmative defense to a violation of subsection A of this section that the employer was entrapped. To claim entrapment, the employer must admit by the employer's testimony or other evidence the substantial elements of the violation. An employer who asserts an entrapment defense has the burden of proving the following by a preponderance of the evidence:
1. The idea of committing the violation started with law enforcement officers or their agents rather than with the employer.
2. The law enforcement officers or their agents urged and induced the employer to commit the violation.
3. The employer was not predisposed to commit the violation before the law enforcement officers or their agents urged and induced the employer to commit the violation.
L. An employer does not establish entrapment if the employer was predisposed to violate subsection A of this section and the law enforcement officers or their agents merely provided the employer with an opportunity to commit the violation. It is not entrapment for law enforcement officers or their agents merely to use a ruse or to conceal their identity. The conduct of law enforcement officers and their agents may be considered in determining if an employer has proven entrapment.
Sec. 23. Section 23-361.01, Arizona Revised Statutes, is amended to read:
23-361.01. Employer requirements; cash payments; unlawful practices; civil penalty
A. An employer that has two or more employees and pays hourly wages or salary by cash to any employee shall comply with all of the following:
1. The income tax withholding laws prescribed in title 43, chapter 4.
2. The employer reporting laws prescribed in section 23-722.01.
3. The employment security laws prescribed in chapter 4 of this title.
4. The workers' compensation laws prescribed in chapter 6 of this title.
B. For a violation of subsection A of this section, the attorney general may bring an action in superior court against an employer. On a finding of a violation of subsection A of this section, the court shall order the employer to pay a civil penalty that is equal to treble the amount of all withholdings, payments, contributions or premiums that the employer failed to remit as prescribed by subsection A of this section or five thousand dollars $5,000 for each employee for whom a violation was committed, whichever is greater.
C. The court shall transmit the monies collected pursuant to subsection B of this section to the state treasurer, and the state treasurer shall deposit the monies in the state general fund. Monies deposited in the state general fund pursuant to this subsection shall be equally appropriated to the department of education and the department of health services for the purposes of offsetting to offset increased costs to this state by unauthorized aliens noncitizens.
D. The civil penalty under this section is in addition to any other penalties that may be imposed by law.
Sec. 24. Section 23-603, Arizona Revised Statutes, is amended to read:
23-603. Agricultural labor; definitions; exemption
A. "Agricultural labor" means and includes all service performed prior to January 1, 1972, that was agricultural labor as defined in this section prior to that date, and that remunerated service performed after December 31, 1971:
1. On a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, bees, poultry, and fur-bearing animals and wildlife.
2. In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement or maintenance of the farm and its tools and equipment or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of the service is performed on a farm.
3. In connection with the production or harvesting of any commodity defined as an agricultural commodity in section 15(g) of the agricultural marketing act, as amended (46 Stat. 1550, sec. 3; 12 United States Code section 1141j), or in connection with the ginning of cotton or in connection with the operation or maintenance of ditches, canals, reservoirs or waterways, not owned or operated for profit, used exclusively for supplying and storing water for farming purposes.
4. In the employ of the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market, or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity, but only if the operator produced more than one-half of the commodity with respect to which the service is performed and only if the service is performed as an incident to ordinary farming operations or, in the case of fruits and vegetables, as an incident to the preparation of the fruits or vegetables for market.
5. In the employ of a group of operators of farms, or a cooperative organization of which the operators are members, in the performance of service described in paragraph 4 of this subsection, but only if the operators produced more than one-half of the commodity with respect to which the service is performed.
6. On a farm operated for profit if the service is not in the course of the employer's trade or business.
B. For the purposes of this section, "farm" includes stock, dairy, poultry, fruit, fur-bearing animal and truck farms and plantations, ranches, nurseries, ranges, greenhouses or other similar structures that are used primarily for raising agricultural or horticultural commodities, including orchards.
C. Notwithstanding section 23-617, paragraph 1, service as prescribed by subsection A of this section that is performed after December 31, 1977, by an individual who is an alien a noncitizen admitted to the United States to perform agricultural labor pursuant to sections 214(c) and 101(a)(15)(H) of the immigration and nationality act is exempt employment during any period in which it does not meet the definition of employment in section 23-615, subsection A, paragraph 10.
D. Subsection A, paragraphs 4 and 5 of this section do not apply to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption.
Sec. 25. Section 23-781, Arizona Revised Statutes, is amended to read:
23-781. Denial of benefits to certain athletes and noncitizens
A. Benefits based on services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, shall not be paid to an individual for any week of unemployment which that begins during the period between two successive sport seasons, or similar periods, if the individual performed such services in the first of such seasons or similar periods and there is a reasonable assurance that such individual will perform such services in the later of such seasons or similar periods.
B. Benefits shall not be payable for weeks of unemployment Beginning on and after January 1, 1978, on the basis of benefits shall not be paid for weeks of unemployment for the services performed by an alien a noncitizen unless such alien is an individual who the noncitizen was lawfully admitted for permanent residence at the time such when the services were performed, was lawfully present for purposes of performing such to perform the services, or was permanently residing in the United States under color of law at the time such when the services were performed, (including an alien a noncitizen who was lawfully present in the United States as a result of the application of under the provisions of section 203(a)(7) or section 212(d)(5) of the immigration and nationality act) . Any data or information required of from individuals applying for benefits to determine whether benefits are not payable to them because of their alien noncitizen status shall be uniformly required from all applicants for benefits. In the case of an individual whose If an individual's application for benefits would otherwise be approved, no a determination that benefits to such individual are not payable because of his alien the individual's noncitizen status shall not be made except upon on a preponderance of the evidence.
Sec. 26. Section 23-901, Arizona Revised Statutes, is amended to read:
23-901. Definitions
In this chapter, unless the context otherwise requires:
1. "Award" means the finding or decision of an administrative law judge or the commission as to the amount of compensation or benefit due an injured employee or the dependents of a deceased employee.
2. "Client" means an individual, association, company, firm, partnership, corporation or any other legally recognized entity that is subject to this chapter and that enters into a professional employer agreement with a professional employer organization.
3. "Co-employee" means every person employed by an injured employee's employer.
4. "Commission" means the industrial commission of Arizona.
5. "Compensation" means the compensation and benefits provided by this chapter.
6. "Employee", "workman", "worker" and "operative" means:
(a) Every person in the service of this state or a county, city, town, municipal corporation or school district, including regular members of lawfully constituted police and fire departments of cities and towns, whether by election, appointment or contract of hire.
(b) Every person in the service of any employer subject to this chapter, including aliens noncitizens and minors legally or illegally allowed to work for hire, but not including a person whose employment is both:
(i) Casual.
(ii) Not in the usual course of the trade, business or occupation of the employer.
(c) Lessees of mining property and the lessees' employees and contractors engaged in the performance of work that is a part of the business conducted by the lessor and over which the lessor retains supervision or control are within the meaning of this paragraph employees of the lessor, and are deemed to be drawing wages as are usually paid employees for similar work. The lessor may deduct from the proceeds of ores mined by the lessees the premium required by this chapter to be paid for such employees.
(d) Regular members of volunteer fire departments organized pursuant to title 48, chapter 5, article 1, regular firefighters of any volunteer fire department, including private fire protection service organizations, organized pursuant to title 10, chapters 24 through 40, volunteer firefighters serving as members of a fire department of any incorporated city or town or an unincorporated area without pay or without full pay and on a part-time basis, and voluntary policemen and volunteer firefighters serving in any incorporated city, town or unincorporated area without pay or without full pay and on a part-time basis, are deemed to be employees, but for the purposes of this chapter, the basis for computing wages for premium payments and compensation benefits for regular members of volunteer fire departments organized pursuant to title 48, chapter 5, article 1, or organized pursuant to title 10, chapters 24 through 40, regular members of any private fire protection service organization, volunteer firefighters and volunteer policemen of these departments or organizations shall be the salary equal to the beginning salary of the same rank or grade in the full-time service with the city, town, volunteer fire department or private fire protection service organization, provided if there is no full-time equivalent then the salary equivalent shall be as determined by resolution of the governing body of the city, town or volunteer fire department or corporation.
(e) Members of the department of public safety reserve, organized pursuant to section 41-1715, are deemed to be employees. For the purposes of this chapter, the basis for computing wages for premium payments and compensation benefits for a member of the department of public safety reserve who is a peace officer shall be the salary received by officers of the department of public safety for the officers' first month of regular duty as an officer. For members of the department of public safety reserve who are not peace officers, the basis for computing premiums and compensation benefits is $400 a month.
(f) Any person placed in on-the-job evaluation or in on-the-job training under the department of economic security's temporary assistance for needy families program or vocational rehabilitation program shall be deemed to be an employee of the department for the purpose of coverage under the state workers' compensation laws only. The basis for computing premium payments and compensation benefits shall be $200 per month. Any person receiving vocational rehabilitation services under the department of economic security's vocational rehabilitation program whose major evaluation or training activity is academic, whether as an enrolled attending student or by correspondence, or who is confined to a hospital or penal institution, shall not be deemed to be an employee of the department for any purpose.
(g) Regular members of a volunteer sheriff's reserve, which may be established by resolution of the county board of supervisors, to assist the sheriff in the performance of the sheriff's official duties. A roster of the current members shall monthly be certified to the clerk of the board of supervisors by the sheriff and shall not exceed the maximum number authorized by the board of supervisors. Certified members of an authorized volunteer sheriff's reserve shall be deemed to be employees of the county for the purpose of coverage under the Arizona workers' compensation laws and occupational disease disability laws and shall be entitled to receive the benefits of these laws for any compensable injuries or disabling conditions that arise out of and occur in the course of the performance of duties authorized and directed by the sheriff. Compensation benefits and premium payments shall be based on the salary received by a regular full-time deputy sheriff of the county involved for the first month of regular patrol duty as an officer for each certified member of a volunteer sheriff's reserve. This subdivision does not provide compensation coverage for any member of a sheriff's posse who is not a certified member of an authorized volunteer sheriff's reserve except as a participant in a search and rescue mission or a search and rescue training mission.
(h) A working member of a partnership may be deemed to be an employee entitled to the benefits provided by this chapter on written acceptance, by endorsement, at the discretion of the insurance carrier for the partnership of an application for coverage by the working partner. The basis for computing premium payments and compensation benefits for the working partner shall be an assumed average monthly wage of not less than $600 or more than the maximum wage provided in section 23-1041 and is subject to the discretionary approval of the insurance carrier. Any compensation for permanent partial or permanent total disability payable to the partner is computed on the lesser of the assumed monthly wage agreed to by the insurance carrier on the acceptance of the application for coverage or the actual average monthly wage received by the partner at the time of injury.
(i) The sole proprietor of a business subject to this chapter may be deemed to be an employee entitled to the benefits provided by this chapter on written acceptance, by endorsement, at the discretion of the insurance carrier of an application for coverage by the sole proprietor. The basis for computing premium payments and compensation benefits for the sole proprietor is an assumed average monthly wage of not less than $600 or more than the maximum wage provided by section 23-1041 and is subject to the discretionary approval of the insurance carrier. Any compensation for permanent partial or permanent total disability payable to the sole proprietor shall be computed on the lesser of the assumed monthly wage agreed to by the insurance carrier on the acceptance of the application for coverage or the actual average monthly wage received by the sole proprietor at the time of injury.
(j) A member of the Arizona national guard, Arizona state guard or unorganized militia shall be deemed a state employee and entitled to coverage under the Arizona workers' compensation law at all times while the member is receiving the payment of the member's military salary from this state under competent military orders or on order of the governor. Compensation benefits shall be based on the monthly military pay rate to which the member is entitled at the time of injury, but not less than a salary of $400 per month or more than the maximum provided by the workers' compensation law. Arizona compensation benefits shall not inure to a member compensable under federal law.
(k) Certified ambulance drivers and attendants who serve without pay or without full pay on a part-time basis are deemed to be employees and entitled to the benefits provided by this chapter and the basis for computing wages for premium payments and compensation benefits for certified ambulance personnel shall be $400 per month.
(l) Volunteer workers of a licensed health care institution may be deemed to be employees and entitled to the benefits provided by this chapter on written acceptance by the insurance carrier of an application by the health care institution for coverage of such volunteers. The basis for computing wages for premium payments and compensation benefits for volunteers shall be $400 per month.
(m) Personnel who participate in a search or rescue operation or a search or rescue training operation that carries a mission identifier assigned by the division of emergency management as provided in section 35-192.01 and who serve without compensation as volunteer state employees. The basis for computation of wages for premium purposes and compensation benefits is the total volunteer man-hours recorded by the division of emergency management in a given quarter multiplied by the amount determined by the appropriate risk management formula.
(n) Personnel who participate in emergency management training, exercises or drills that are duly enrolled or registered with the division of emergency management or any political subdivision as provided in section 26-314, subsection C and who serve without compensation as volunteer state employees. The basis for computation of wages for premium purposes and compensation benefits is the total volunteer man-hours recorded by the division of emergency management or political subdivision during a given training session, exercise or drill multiplied by the amount determined by the appropriate risk management formula.
(o) Regular members of the Arizona game and fish department reserve, organized pursuant to section 17-214. The basis for computing wages for premium payments and compensation benefits for a member of the reserve is the salary received by game rangers and wildlife managers of the Arizona game and fish department for the game rangers' and wildlife managers' first month of regular duty.
(p) Every person employed pursuant to a professional employer agreement.
(q) A working member of a limited liability company who owns less than fifty percent of the membership interest in the limited liability company.
(r) A working member of a limited liability company who owns fifty percent or more of the membership interest in the limited liability company may be deemed to be an employee entitled to the benefits provided by this chapter on the written acceptance, by endorsement, of an application for coverage by the working member at the discretion of the insurance carrier for the limited liability company. The basis for computing wages for premium payments and compensation benefits for the working member is an assumed average monthly wage of $600 or more but not more than the maximum wage provided in section 23-1041 and is subject to the discretionary approval of the insurance carrier. Any compensation for permanent partial or permanent total disability payable to the working member is computed on the lesser of the assumed monthly wage agreed to by the insurance carrier on the acceptance of the application for coverage or the actual average monthly wage received by the working member at the time of injury.
(s) A working shareholder of a corporation who owns less than fifty percent of the beneficial interest in the corporation.
(t) A working shareholder of a corporation who owns fifty percent or more of the beneficial interest in the corporation may be deemed to be an employee entitled to the benefits provided by this chapter on the written acceptance, by endorsement, of an application for coverage by the working shareholder at the discretion of the insurance carrier for the corporation. The basis for computing wages for premium payments and compensation benefits for the working shareholder is an assumed average monthly wage of $600 or more but not more than the maximum wage provided in section 23-1041 and is subject to the discretionary approval of the insurance carrier. Any compensation for permanent partial or permanent total disability payable to the working shareholder is computed on the lesser of the assumed monthly wage agreed to by the insurance carrier on the acceptance of the application for coverage or the actual average monthly wage received by the working shareholder at the time of injury.
7. "General order" means an order applied generally throughout this state to all persons under jurisdiction of the commission.
8. "Heart-related or perivascular injury, illness or death" means myocardial infarction, coronary thrombosis or any other similar sudden, violent or acute process involving the heart or perivascular system, or any death resulting therefrom, and any weakness, disease or other condition of the heart or perivascular system, or any death resulting therefrom.
9. "Insurance carrier" means every insurance carrier duly authorized by the director of the department of insurance and financial institutions to write workers' compensation or occupational disease compensation insurance in this state.
10. "Interested party" means the employer, the employee, or if the employee is deceased, the employee's estate, the surviving spouse or dependents, the commission, the insurance carrier or their representative.
11. "Mental injury, illness or condition" means any mental, emotional, psychotic or neurotic injury, illness or condition.
12. "Order" means and includes any rule, direction, requirement, standard, determination or decision other than an award or a directive by the commission or an administrative law judge relative to any entitlement to compensation benefits, or to the amount of compensation benefits, and any procedural ruling relative to the processing or adjudicating of a compensation matter.
13. "Personal injury by accident arising out of and in the course of employment" means any of the following:
(a) Personal injury by accident arising out of and in the course of employment.
(b) An injury caused by the wilful act of a third person directed against an employee because of the employee's employment, but does not include a disease unless resulting from the injury.
(c) An occupational disease that is due to causes and conditions characteristic of and peculiar to a particular trade, occupation, process or employment, and not the ordinary diseases to which the general public is exposed, and subject to section 23-901.01 or 23-901.09 or, for heart-related, perivascular or pulmonary cases, section 23-1105.
14. "Professional employer agreement" means a written contract between a client and a professional employer organization:
(a) In which the professional employer organization expressly agrees to co-employ all or a majority of the employees providing services for the client. In determining whether the professional employer organization employs all or a majority of the employees of a client, any person employed pursuant to the terms of the professional employer agreement after the initial placement of client employees on the payroll of the professional employer organization shall be included.
(b) That is intended to be ongoing rather than temporary in nature.
(c) In which employer responsibilities for worksite employees, including hiring, firing and disciplining, are expressly allocated between the professional employer organization and the client in the agreement.
15. "Professional employer organization" means any person engaged in the business of providing professional employer services. Professional employer organization does not include a temporary help firm or an employment agency.
16. "Professional employer services" means the service of entering into co-employment relationships under this chapter to which all or a majority of the employees providing services to a client or to a division or work unit of a client are covered employees.
17. "Serve" or "service" means either:
(a) Mailing to the last known address of the receiving party.
(b) Transmitting by other means, including electronic transmission, with the written consent of the receiving party.
18. "Special order" means an order other than a general order.
19. "Weakness, disease or other condition of the heart or perivascular system" means arteriosclerotic heart disease, cerebral vascular disease, peripheral vascular disease, cardiovascular disease, angina pectoris, congestive heart trouble, coronary insufficiency, ischemia and all other similar weaknesses, diseases and conditions, and also previous episodes or instances of myocardial infarction, coronary thrombosis or any similar sudden, violent or acute process involving the heart or perivascular system.
20. "Workers' compensation" means workmen's compensation as used in article XVIII, section 8, Constitution of Arizona.
Sec. 27. Section 26-105, Arizona Revised Statutes, is amended to read:
26-105. Border security fund; exemption; reimbursement
A. The border security fund is established and consists of legislative appropriations, gifts, grants and other donations. The department of emergency and military affairs shall administer the fund. Monies in the fund are continuously appropriated to the department of emergency and military affairs and may be used for the following purposes:
1. Preventing human trafficking.
2. Preventing entry into the United States of:
(a) Aliens Noncitizens who are unlawfully present in the United States.
(b) Terrorists and instruments of terrorism.
(c) Contraband, including narcotics and other controlled substances.
3. Planning, designing, constructing and maintaining transportation, technology and commercial vehicle inspection infrastructure near this state's international border.
4. Clearing nonindigenous plants.
5. Administering and managing the construction and maintenance of a physical border fence.
6. Awarding grants to counties to provide housing in secure facilities.
7. Awarding grants to counties for prosecuting individuals who commit crimes listed in this subsection.
B. In addition to the appropriations prescribed in subsection A of this section, the department of emergency and military affairs may use up to $250,000 from the border security fund each fiscal year to administer this section. Notwithstanding any other law, the department of emergency and military affairs is authorized additional full-time equivalent positions paid from the appropriation made by this subsection to administer this section.
C. The department of emergency and military affairs must consult with the following entities before spending any monies from the fund for the purpose provided in:
1. Subsection A of this section, the department of public safety.
2. Subsection A, paragraph 3 of this section, the department of transportation.
3. Subsection A, paragraph 4 of this section, the Arizona department of forestry and fire management.
4. Subsection A, paragraph 5, 6 or 7 of this section, the department of administration.
D. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
E. The governor shall request the federal government to reimburse state monies spent from the fund pursuant to this section. The reimbursements shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
Sec. 28. Section 28-3511, Arizona Revised Statutes, is amended to read:
28-3511. Removal and immobilization or impoundment of vehicle; Arizona crime information center database
A. A peace officer shall cause the removal and either immobilization or impoundment of a vehicle if the peace officer determines that:
1. A person is driving the vehicle while any of the following applies:
(a) Except as otherwise provided in this subdivision, the person's driving privilege is revoked for any reason. A peace officer shall not cause the removal and either immobilization or impoundment of a vehicle pursuant to this subdivision if the person's privilege to drive is valid in this state.
(b) The person has not ever never been issued a valid driver license or permit by this state and the person does not produce evidence of ever having a valid driver license or permit issued by another jurisdiction. This subdivision does not apply to the operation of an implement of husbandry.
(c) The person is subject to an ignition interlock device requirement pursuant to chapter 4 of this title and the person is operating a vehicle without a functioning certified ignition interlock device. This subdivision does not apply to the operation of a vehicle due to a substantial emergency as defined in section 28-1464.
(d) In furtherance of the illegal presence of an alien undocumented noncitizen in the United States and in violation of a criminal offense, the person is transporting or moving or attempting to transport or move an alien a noncitizen in this state in a vehicle if the person knows or recklessly disregards the fact that the alien noncitizen has come to, has entered or remains in the United States in violation of law.
(e) The person is concealing, harboring or shielding or attempting to conceal, harbor or shield from detection an alien a noncitizen in this state in a vehicle if the person knows or recklessly disregards the fact that the alien noncitizen has come to, entered or remains in the United States in violation of law.
2. A person is driving a the vehicle in violation of section 28-693 and the peace officer reasonably believes that allowing the person to continue driving the vehicle would expose other persons to the risk of serious bodily injury or death.
3. A person is driving a the vehicle in violation of section 28-708 and the peace officer reasonably believes that allowing the person to continue driving the vehicle would expose other persons to the risk of serious bodily injury or death.
4. A person is obstructing a highway or other public thoroughfare in violation of section 13-2906 and the peace officer reasonably believes that allowing the person to continue driving the vehicle would expose other persons to the risk of serious bodily injury or death.
5. The vehicle is displayed for sale or for transfer of ownership with a vehicle identification number that has been destroyed, removed, covered, altered or defaced.
B. A peace officer shall cause the removal and impoundment of a vehicle if the peace officer determines that a person is driving the vehicle and if all of the following apply:
1. The person's driving privilege is canceled or revoked for any reason or the person has not ever never been issued a driver license or permit by this state and the person does not produce evidence of ever having a driver license or permit issued by another jurisdiction.
2. The person is not in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.
3. The person is driving a vehicle that is involved in an accident that results in either property damage or injury to or death of another person.
C. Except as provided in subsection D of this section, while a peace officer has control of the vehicle the peace officer shall cause the removal and either immobilization or impoundment of the vehicle if the peace officer has probable cause to arrest the driver of the vehicle for a violation of section 4-244, paragraph 34 or section 28-1382 or 28-1383.
D. A peace officer shall not cause the removal and either the immobilization or impoundment of a vehicle pursuant to subsection C of this section if all of the following apply:
1. The peace officer determines that the vehicle is currently registered and that the driver or the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.
2. Another person is with the driver at the time of the arrest.
3. The peace officer has reasonable grounds to believe that the other person who is with the driver at the time of the arrest meets all of the following:
(a) Has a valid driver license.
(b) Is not impaired by intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances.
(c) Does not have any spirituous liquor in the person's body if the person is under twenty-one years of age.
4. The other person who is with the driver at the time of the arrest notifies the peace officer that the person will drive the vehicle from the place of arrest to the driver's home or other place of safety.
5. The other person drives the vehicle as prescribed by paragraph 4 of this subsection.
E. Except as provided in subsection H of this section and as otherwise provided in this article, a vehicle that is removed and either immobilized or impounded pursuant to subsection A, B or C of this section shall be immobilized or impounded for twenty days. An insurance company does not have a duty to pay any benefits for charges or fees for immobilization or impoundment.
F. The owner of a vehicle that is removed and either immobilized or impounded pursuant to subsection A, B or C of this section, the spouse of the owner and each person who has provided the department with indicia of ownership as prescribed in section 28-3514 or other interest in the vehicle that exists immediately before the immobilization or impoundment shall be provided with an opportunity for an immobilization or poststorage hearing pursuant to section 28-3514.
G. A law enforcement agency that employs the peace officer who removes and either immobilizes or impounds a vehicle pursuant to this section shall enter information about the removal and either immobilization or impoundment of the vehicle in the Arizona crime information center database within three business days after the removal and either immobilization or impoundment.
H. A vehicle that is removed and either immobilized or impounded pursuant to subsection A, paragraph 4 of this section shall be immobilized or impounded for seven days.
Sec. 29. Section 32-1822, Arizona Revised Statutes, is amended to read:
32-1822. Qualifications of applicant; application; fingerprinting; fees
A. On a form and in a manner prescribed by the board, an applicant for licensure shall submit proof that the applicant:
1. Is the person named on the application and on all supporting documents submitted.
2. Is a citizen of the United States or a resident alien noncitizen.
3. Is a graduate of a school of osteopathic medicine approved by the American osteopathic association.
4. Has successfully completed an approved internship, the first year of an approved multiple-year residency or a board-approved equivalency.
5. Has passed the approved examinations for licensure within seven years of application or has the board-approved equivalency of practice experience.
6. Has not engaged in any conduct that, if it occurred in this state, would be considered unprofessional conduct or, if the applicant has engaged in unprofessional conduct, is rehabilitated from the underlying conduct.
7. Is physically, mentally and emotionally able to practice medicine, or, if limited, restricted or impaired in the ability to practice medicine, consents to contingent licensure pursuant to subsection E of this section or to entry into a program prescribed in section 32-1861.
8. Has submitted a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
B. An applicant must submit with the application the nonrefundable application fee prescribed in section 32-1826 and pay the prescribed license issuance fee to the board at the time the license is issued.
C. The board or the executive director may require an applicant to submit to a personal interview, a physical examination or a mental evaluation or any combination of these, at the applicant's expense, at a reasonable time and place as prescribed by the board if the board determines that this is necessary to provide the board adequate information regarding the applicant's ability to meet the licensure requirements of this chapter. An interview may include medical knowledge questions and other matters that are relevant to licensure.
D. The board may deny a license for any unprofessional conduct that would constitute grounds for disciplinary action pursuant to this chapter or as determined by a competent domestic or foreign jurisdiction.
E. The board may issue a license that is contingent on the applicant entering into a stipulated order that may include a period of probation or a restriction on the licensee's practice.
F. The executive director may issue licenses to applicants who meet the requirements of this section.
G. A person whose license has been revoked, denied or surrendered in this or any other state may apply for licensure not sooner than five years after the revocation, denial or surrender.
H. A license issued pursuant to this section is valid for the remainder of the calendar year in which it was issued, at which time it is eligible for renewal.
Sec. 30. Section 32-1829, Arizona Revised Statutes, is amended to read:
32-1829. Training permits; issuance of permits
A. The board may grant a one-year renewable training permit to a person who is participating in a teaching hospital's accredited internship, residency or clinical fellowship training program to allow that person to practice medicine only in the supervised setting of that program. Before the board issues the permit, the person shall:
1. Submit an application on a form and in a manner prescribed by the board and proof that the applicant:
(a) Is the person named on the application and on all supporting documentation.
(b) Is a citizen of the United States or a resident alien noncitizen.
(c) Is a graduate of a school approved by the American osteopathic association.
(d) Participated in postgraduate training, if any.
(e) Has passed approved examinations appropriate to the applicant's level of education and training.
(f) Has not engaged in any conduct that, if it occurred in this state, would be considered unprofessional conduct or, if the applicant has engaged in unprofessional conduct, is rehabilitated from the underlying conduct.
(g) Is physically, mentally and emotionally able to practice medicine, or, if limited, restricted or impaired in the ability to practice medicine, consents to a contingent permit or to entry into a program described in section 32-1861.
2. Pay the nonrefundable application fee prescribed by the board.
B. If a permittee who is participating in a teaching hospital's accredited internship, residency or clinical fellowship training program must repeat or make up time in the program due to resident progression or for other reasons, the board may grant that person an extension of the training permit if requested to do so by the program's director of medical education or a person who holds an equivalent position. The extended permit limits the permittee to practicing only in the supervised setting of that program for a period of time sufficient to repeat or make up the training.
C. The board may grant a training permit to a person who is not licensed in this state and who is participating in a short-term training program of four months or less for continuing medical education conducted in an approved school of osteopathic medicine or a hospital that has an accredited hospital internship, residency or clinical fellowship training program in this state. Before the board issues the permit, the person shall:
1. Submit an application on a form and in a manner prescribed by the board and proof that the applicant meets the requirements prescribed in subsection A, paragraph 1 of this section.
2. Pay the nonrefundable application fee prescribed by the board.
D. A permittee is subject to the disciplinary provisions of this chapter.
E. The executive director may issue a permit to an applicant who meets the requirements of this chapter.
F. If a permit is not issued pursuant to subsection E of this section, the board may issue a permit or may:
1. Issue a permit that is contingent on the applicant entering into a stipulated agreement that may include a period of probation or a restriction on the permittee's practice.
2. Deny a permit to an applicant who does not meet the requirements of this chapter.
Sec. 31. Section 34-301, Arizona Revised Statutes, is amended to read:
34-301. Employment of noncitizens on public works prohibited
A. A person who is not a citizen or ward of the United States shall not be employed upon on or in connection with any state, county or municipal works or employment.
B. This section shall does not be construed to prevent the working of prisoners by the this state or a county or municipality thereof of this state on street, road, or other public work, nor shall the provisions of does this section apply to the employment of any teacher, instructor or professor authorized to teach in the United States under the teacher exchange program as provided by federal statutes or the employment of university or college faculty members.
Sec. 32. Section 36-889, Arizona Revised Statutes, is amended to read:
36-889. Licensees; applicants; residency; controlling persons; requirements
A. Each licensee, other than a corporation, a limited liability company, an association or a partnership, shall be is a citizen of the United States who is a resident of this state, or a legal resident alien noncitizen who is a resident of this state. A corporation, association or limited liability company shall be is a domestic entity or a foreign entity that is qualified to do business in this state. A partnership shall have at least one partner who is a citizen of the United States and who is a resident of this state, or who is a legal resident alien noncitizen and who is a resident of this state.
B. The department shall not issue or renew a license unless a list of each of the applicant's or licensee's controlling persons is on file with the department and no a controlling person has not been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or other another state or has had a license to operate a child care facility or a certificate to operate a child care group home revoked for reasons that relate to the endangerment of the health and safety of children.
C. The applicant or licensee shall notify the department within thirty days after the election of any new officer or director or of any change in the controlling persons and shall provide the department the name and business or residential address of each controlling person and an affirmation by the applicant that no controlling person has been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or another state or has had a license to operate a child care facility or a certificate to operate a child care group home revoked for reasons that relate to the endangerment of the health and safety of children.
D. Each applicant or licensee shall designate an agent who is authorized to receive communications from the department, including legal service of process, and to file and sign documents for the applicant or licensee. The designated agent shall be all of the following:
1. A controlling person.
2. A citizen of the United States or a legal resident alien noncitizen.
3. A resident of this state.
Sec. 33. Section 36-2903.03, Arizona Revised Statutes, is amended to read:
36-2903.03. United States citizenship and qualified noncitizen requirements for eligibility; annual report; definition
A. A person who is applying for eligibility under this chapter shall provide verification of United States citizenship or documented verification of qualified alien noncitizen status. Beginning July 1, 2006, An applicant who is applying for services pursuant to this chapter shall provide satisfactory documentary evidence of citizenship or qualified alien noncitizen status as required by the federal deficit reduction act of 2005 (P.L. 109-171; 120 Stat. 4; 42 United States Code section 1396b) or any other applicable federal law or regulation.
B. A qualified alien noncitizen may apply for eligibility pursuant to section 36-2901, paragraph 6, subdivision (a) and, if otherwise eligible for title XIX, may receive all services pursuant to section 36-2907 if the qualified alien noncitizen meets at least one of the following requirements:
1. Is designated as one of the exception groups under 8 United States Code section 1613(b).
2. Has been a qualified alien noncitizen for at least five years.
3. Has been continuously present in the United States since August 21, 1996.
C. Notwithstanding any other law, persons who were residing in the United States under color of law on or before August 21, 1996, and who were receiving services under this article based on eligibility criteria established under the supplemental security income program, may apply for state funded services and, if otherwise eligible for supplemental security income-medical assistance only coverage except for United States citizenship or qualified alien noncitizen requirements, may be enrolled with the system and receive all services pursuant to section 36-2907.
D. A person who is a qualified alien noncitizen who does not meet the requirements of subsection B of this section or who is a noncitizen who does not claim and provide verification of qualified alien noncitizen status may apply for title XIX eligibility under section 36-2901, paragraph 6, subdivision (a) and, if otherwise eligible for title XIX, may receive only emergency services pursuant to section 1903(v) of the social security act.
E. In determining the eligibility for all qualified aliens noncitizens pursuant to this chapter, the income and resources of any person who executed an affidavit of support pursuant to section 213A of the immigration and nationality act on behalf of the qualified alien noncitizen and the income and resources of the spouse, if any, of the sponsoring individual shall be counted at the time of application and for the redetermination of eligibility for the duration of the attribution period as specified in federal law.
F. A person who is a qualified alien noncitizen or a noncitizen and who is not eligible for title XIX may receive only emergency services.
G. On or before September 30 of each year, the administration shall submit a report to the governor, the president of the senate, the speaker of the house of representatives and the staff director of the joint legislative budget committee that includes the following information:
1. The number of individuals for whom the administration verified immigration status using the systematic alien verification for entitlements program administered by the United States citizenship and immigration services.
2. The number of documents that were discovered to be fraudulent by using the systematic alien verification for entitlements program.
3. A list of the types of fraudulent documents discovered.
4. The number of citizens of the United States who were referred by the administration for prosecution pursuant to violations of state or federal law and the number of individuals referred by the administration for prosecution who were not citizens.
H. The administration shall provide copies of the report to the secretary of state and the director of the Arizona state library, archives and public records.
I. For the purposes of this section, "qualified alien noncitizen" means an individual who is one of the following:
1. Defined as a qualified alien under 8 United States Code section 1641.
2. Defined as a qualified alien by the attorney general of the United States under the authority of Public Law 104-208, section 501.
3. An Indian described in 8 United States Code section 1612(b)(2)(E).
Sec. 34. Section 36-2931, Arizona Revised Statutes, is amended to read:
36-2931. Definitions
In this article, unless the context otherwise requires:
1. "Administration" means the Arizona health care cost containment system administration.
2. "Capitation rate" means a mode of payment which that the program contractor receives for the delivery of services to members pursuant to this article and which that is based on a fixed rate per person notwithstanding the amount of services provided to a member.
3. "Department" means the department of economic security.
4. "Director" means the director of the Arizona health care cost containment system administration.
5. "Eligible person" means a person who:
(a) Is a resident of this state and a United States citizen or a person who meets the requirements for qualified alien noncitizen status as determined pursuant to section 36-2903.03, who entered the United States on or before August 21, 1996 or who entered the United States on or after August 22, 1996 and who is a member of an exception group under Public Law 104-193, section 412.
(b) Meets the eligibility criteria pursuant to section 36-2934.
(c) Needs institutional services as determined pursuant to section 36-2936.
(d) Is defined as eligible pursuant to section 1902(a)(10)(A)(ii)(XV) and (XVI) of title XIX of the social security act and who meets the income requirements of section 36-2950.
6. "Home and community based services" means services described in section 36-2939, subsection B, paragraph 2 and subsection C.
7. "Institutional services" means services described in section 36-2939, subsection A, paragraph 1 and subsection B, paragraph 1.
8. "Member" means an eligible person who is enrolled in the system.
9. "Noncontracting provider" means a person who provides services as prescribed by section 36-2939 and who does not have a subcontract with a program contractor.
10. "Program contractor" means the department or any other entity that contracts with the administration pursuant to section 36-2940 or 36-2944 to provide services to members pursuant to this article.
11. "Provider" means a person who subcontracts with a program contractor for the delivery of services to members pursuant to this article.
12. "Special health care district" means a special health care district organized pursuant to title 48, chapter 31.
13. "State plan" means a written agreement between the centers for medicare and medicaid services and the Arizona health care cost containment system administration that describes eligibility, covered services and the requirements for participation in the medicaid program except those requirements that are waived pursuant to the research and demonstration waiver pursuant to section 1115 of the social security act.
14. "System" means the Arizona long-term care system.
15. "Uniform accounting system" means a standard method of collecting, recording and safeguarding Arizona long-term care system data.
Sec. 35. Section 36-2932, Arizona Revised Statutes, is amended to read:
36-2932. Arizona long-term care system; powers and duties of the director; expenditure limitation
A. The Arizona long-term care system is established. The system includes the management and delivery of hospitalization, medical care, institutional services and home and community based services to members through the administration, the program contractors and providers pursuant to this article together with federal participation under title XIX of the social security act. The director in the performance of all duties shall consider the use of existing programs, rules and procedures in the counties and department where appropriate in meeting federal requirements.
B. The administration has full operational responsibility for the system, which shall include the following:
1. Contracting with and certification of program contractors in compliance with all applicable federal laws.
2. Approving the program contractors' comprehensive service delivery plans pursuant to section 36-2940.
3. Providing by rule for the ability of the director to review and approve or disapprove program contractors' requests for proposals for providers and provider subcontracts.
4. Providing technical assistance to the program contractors.
5. Developing a uniform accounting system to be implemented by program contractors and providers of institutional services and home and community based services.
6. Conducting quality control on eligibility determinations and preadmission screenings.
7. Establishing and managing a comprehensive system for assuring the quality of care delivered by the system as required by federal law.
8. Establishing an enrollment system.
9. Establishing a member case management tracking system.
10. Establishing and managing a method to prevent fraud by applicants, members, eligible persons, program contractors, providers and noncontracting providers as required by federal law.
11. Coordinating benefits as provided in section 36-2946.
12. Establishing standards for the coordination of services.
13. Establishing financial and performance audit requirements for program contractors, providers and noncontracting providers.
14. Prescribing remedies as required pursuant to 42 United States Code section 1396r. These remedies may include the appointment of temporary management by the director, acting in collaboration with the director of the department of health services, in order to continue operation of a nursing care institution providing services pursuant to this article.
15. Establishing a system to implement medical child support requirements, as required by federal law. The administration may enter into an intergovernmental agreement with the department of economic security to implement this paragraph.
16. Establishing requirements and guidelines for the review of trusts for the purposes of establishing to establish eligibility for the system pursuant to section 36-2934.01 and posteligibility treatment of income pursuant to subsection L of this section.
17. Accepting the delegation of authority from the department of health services to enforce rules that prescribe minimum certification standards for adult foster care providers pursuant to section 36-410, subsection B. The administration may contract with another entity to perform the certification functions.
18. Assessing civil penalties for improper billing as prescribed in section 36-2903.01, subsection K.
C. For nursing care institutions and hospices that provide services pursuant to this article, the director shall contract periodically as deemed necessary and as required by federal law for a financial audit of the institutions and hospices that is certified by a certified public accountant in accordance with generally accepted auditing standards or conduct or contract for a financial audit or review of the institutions and hospices. The director shall notify the nursing care institution and hospice at least sixty days before beginning a periodic audit. The administration shall reimburse a nursing care institution or hospice for any additional expenses incurred for professional accounting services obtained in response to a specific request by the administration. On request, the director of the administration shall provide a copy of an audit performed pursuant to this subsection to the director of the department of health services or that person's designee.
D. Notwithstanding any other provision of this article, the administration may contract by an intergovernmental agreement with an Indian tribe, a tribal council or a tribal organization for the provision of long-term care services pursuant to section 36-2939, subsection A, paragraphs 1, 2, 3 and 4 and the home and community based services pursuant to section 36-2939, subsection B, paragraph 2 and subsection C, subject to the restrictions in section 36-2939, subsections D and E for eligible members.
E. The director shall require as a condition of a contract that all records relating to contract compliance are available for inspection by the administration subject to subsection F of this section and that these records are maintained for five years. The director shall also require that these records are available on request of the secretary of the United States department of health and human services or its successor agency.
F. Subject to applicable law relating to privilege and protection, the director shall adopt rules prescribing the types of information that are confidential and circumstances under which that information may be used or released, including requirements for physician-patient confidentiality. Notwithstanding any other law, these rules shall provide for the exchange of necessary information among the program contractors, the administration and the department for the purposes of to determine eligibility determination under this article.
G. The director shall adopt rules to specify methods for the transition of members into, within and out of the system. The rules shall include provisions for the transfer of members, the transfer of medical records and the initiation and termination of services.
H. The director shall adopt rules that provide for withholding or forfeiting payments made to a program contractor if it fails to comply with a provision of its contract or with the director's rules.
I. The director shall:
1. Establish by rule the time frames and procedures for all grievances and requests for hearings consistent with section 36-2903.01, subsection B, paragraph 4.
2. Apply for and accept federal monies available under title XIX of the social security act in support of the system. In addition, the director may apply for and accept grants, contracts and private donations in support of the system.
3. Not less than thirty days before the administration implements a policy or a change to an existing policy relating to reimbursement, provide notice to interested parties. Parties interested in receiving notification of policy changes shall submit a written request for notification to the administration.
J. The director may apply for federal monies available for the support of programs to investigate and prosecute violations arising from the administration and operation of the system. Available state monies appropriated for the administration of the system may be used as matching monies to secure federal monies pursuant to this subsection.
K. The director shall adopt rules that establish requirements of state residency and qualified alien noncitizen status as prescribed in section 36-2903.03. The administration shall enforce these requirements as part of the eligibility determination process. The rules shall also provide for the determination of the applicant's county of residence for the purpose of assignment of the appropriate program contractor.
L. The director shall adopt rules in accordance with the state plan regarding posteligibility treatment of income and resources that determine the portion of a member's income that shall be is available for payment for services under this article. The rules shall provide that a portion of income may be retained for:
1. A personal needs allowance for members receiving institutional services of at least fifteen per cent percent of the maximum monthly supplemental security income payment for an individual or a personal needs allowance for members receiving home and community based services based on a reasonable assessment of need.
2. The maintenance needs of a spouse or family at home in accordance with federal law. The minimum resource allowance for the spouse or family at home is twelve thousand dollars $12,000 adjusted annually by the same percentage as the percentage change in the consumer price index for all urban consumers (all items; United States city average) between September 1988 and the September before the calendar year involved.
3. Expenses incurred for noncovered medical or remedial care that are not subject to payment by a third party third-party payor.
M. In addition to the rules otherwise specified in this article, the director may adopt necessary rules pursuant to title 41, chapter 6 to carry out this article. Rules adopted by the director pursuant to this subsection may consider the differences between rural and urban conditions on the delivery of services.
N. The director shall not adopt any rule or enter into or approve any contract or subcontract that does not conform to federal requirements or that may cause the system to lose any federal monies to which it is otherwise entitled.
O. The administration, program contractors and providers may establish and maintain review committees dealing with the delivery of care. Review committees and their staff are subject to the same requirements, protections, privileges and immunities prescribed pursuant to section 36-2917.
P. If the director determines that the financial viability of a nursing care institution or hospice is in question, the director may require a nursing care institution and a hospice providing services pursuant to this article to submit quarterly financial statements within thirty days after the end of its financial quarter unless the director grants an extension in writing before that date. Quarterly financial statements submitted to the department shall include the following:
1. A balance sheet detailing the institution's assets, liabilities and net worth.
2. A statement of income and expenses, including current personnel costs and full-time equivalent statistics.
Q. The director may require monthly financial statements if the director determines that the financial viability of a nursing care institution or hospice is in question. The director shall prescribe the requirements of these statements.
R. The total amount of state monies that may be spent in any fiscal year by the administration for long-term care shall not exceed the amount appropriated or authorized by section 35-173 for that purpose. This article shall does not be construed to impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.
Sec. 36. Section 36-2983, Arizona Revised Statutes, is amended to read:
36-2983. Eligibility for the program
A. The administration shall establish a streamlined eligibility process for applicants to the program and shall issue a certificate of eligibility at the time eligibility for the program is determined. Eligibility shall be is based on gross household income for a member as defined in section 36-2981. The administration shall not apply a resource test in the eligibility determination or redetermination process.
B. The administration shall use a simplified eligibility form that may be mailed to the administration. Once a completed application is received, including adequate verification of income, the administration shall expedite the eligibility determination and enrollment on a prospective basis.
C. The date of eligibility is the first day of the month following a determination of eligibility if the decision is made by the twenty-fifth day of the month. A person who is determined eligible for the program after the twenty-fifth day of the month is eligible for the program the first day of the second month following the determination of eligibility.
D. An applicant for the program who appears to be eligible pursuant to section 36-2901, paragraph 6, subdivision (a) shall have a social security number or shall apply for a social security number within thirty days after the applicant submits an application applies for the program.
E. In order To be eligible for the program, a person shall be a resident of this state and shall meet title XIX requirements for United States citizenship or qualified alien noncitizen status in the manner prescribed in section 36-2903.03.
F. In determining the eligibility for all qualified aliens noncitizens pursuant to this article, the income and resources of a person who executed an affidavit of support pursuant to section 213A of the immigration and nationality act on behalf of the qualified alien noncitizen and the income and resources of the spouse, if any, of the sponsoring individual shall be counted at the time of application and for the redetermination of eligibility for the duration of the attribution period as specified in federal law.
G. Pursuant to federal law, a person is not eligible for the program if that person is:
1. Eligible for title XIX or other federally operated or financed health care insurance programs, except the Indian health service.
2. Covered by any group health plan or other health insurance coverage as defined in section 2791 of the public health service act. Group health plan or other health insurance coverage does not include coverage to persons who are defined as eligible pursuant to the premium sharing program.
3. A member of a family that is eligible for health benefits coverage under a state health benefit plan based on a family member's employment with a public agency in this state.
4. An inmate of a public institution or a patient in an institution for mental diseases. This paragraph does not apply to services furnished in a state operated mental hospital or to residential or other twenty-four hour therapeutically planned structured services.
H. A child who is covered under an employer's group health insurance plan or through family or individual health care coverage shall not be enrolled in the program. If the health insurance coverage is voluntarily discontinued for any reason, except for the loss of health insurance due to loss of employment or other involuntary reason, the child is not eligible for the program for a period of three months from after the date that the health care coverage was discontinued. The administration may waive the three month three-month period for any child who is seriously or chronically ill. For the purposes of the waiver, "chronically ill" means a medical condition that requires frequent and ongoing treatment and that if not properly treated will seriously affect the child's overall health. The administration shall establish rules to further define conditions that constitute a serious or chronic illness.
I. Pursuant to federal law, a private insurer, as defined by the secretary of the United States department of health and human services, shall not limit enrollment by contract or any other means based on the presumption that a child may be eligible for the program.
Sec. 37. Section 38-231, Arizona Revised Statutes, is amended to read:
38-231. Officers and employees required to take loyalty oath; form; violation; classification; definition
A. In order to ensure the statewide application of this section on a uniform basis, each board, commission, agency and independent office of this state, and of any of its political subdivisions, and of any county, city, town, municipal corporation, school district and public educational institution, shall completely reproduce this section so that the form of written oath or affirmation required in this section contains all of the provisions of this section for use by all officers and employees of all boards, commissions, agencies and independent offices.
B. Any officer or employee who fails to take and subscribe to the oath or affirmation provided by this section within the time limits prescribed by this section is not entitled to any compensation until the officer or employee does so take and subscribe to the form of oath or affirmation prescribed by this section.
C. Any officer or employee having taken the form of oath or affirmation prescribed by this section, and knowingly at the time of subscribing to the oath or affirmation, or at any time thereafter during the officer’s or employee's term of office or employment, does commit or aid in the commission of any act to overthrow by force, violence or terrorism as defined in section 13-2301 the government of this state or of any of its political subdivisions, or advocates the overthrow by force, violence or terrorism as defined in section 13-2301 of the government of this state or of any of its political subdivisions, is guilty of a class 4 felony and, on conviction under this section, the officer or employee is deemed discharged from the office or employment and is not entitled to any additional compensation or any other emoluments or benefits which may have been incident or appurtenant to the office or employment.
D. Any of the persons referred to in article XVIII, section 10, Constitution of Arizona, as amended, relating to the employment of aliens noncitizens, are exempted from any compliance with this section.
E. In addition to any other form of oath or affirmation specifically provided by law for an officer or employee, before any officer or employee enters upon on the duties of the office or employment, the officer or employee shall take and subscribe the following oath or affirmation:
State of Arizona, County of ______________ I, _____________________
(type or print name)
do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, that I will bear true faith and allegiance to the same and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of ______________________ (name of office) ________________________ according to the best of my ability, so help me God (or so I do affirm).
______________________________________
(signature of officer or employee)
F. For the purposes of this section, "officer or employee" means any person elected, appointed or employed, either on a part-time or full-time basis, by this state or any of its political subdivisions or any county, city, town, municipal corporation, school district, public educational institution or any board, commission or agency of any county, city, town, municipal corporation, school district or public educational institution.
Sec. 38. Section 38-727, Arizona Revised Statutes, is amended to read:
38-727. Eligibility; options
A. The following provisions apply to all employees hired on or after the effective date:
1. All employees and officers of this state and all officers and employees of political subdivisions establishing a retirement plan administered by the board pursuant to this article are subject to this article, except that membership is not mandatory:
(a) On the part of any employee who is eligible and who elects to participate in the optional retirement programs established by the Arizona board of regents pursuant to the authority conferred by section 15-1628 or by a community college district board pursuant to authority conferred by section 15-1451.
(b) For a state elected official who is subject to term limits, who is elected or appointed before January 1, 2014, who is eligible for participation in ASRS because the state elected official elected not to participate in the elected officials' retirement plan as provided in section 38-804, subsection A and who elects not to participate in ASRS as provided in paragraph 7 of this subsection.
(c) On the part of any employee or officer who is eligible to participate and who participates in the elected officials' retirement plan pursuant to article 3 of this chapter, the elected officials' defined contribution retirement system pursuant to article 3.1 of this chapter, the public safety personnel retirement system pursuant to article 4 of this chapter or the corrections officer retirement plan pursuant to article 6 of this chapter.
2. All employees and officers of political subdivisions whose compensation is provided wholly or in part from state monies and who are declared to be state employees and officers by the legislature for retirement purposes are subject, on legislative enactment, to this article and are members of ASRS.
3. Any member whose service terminates other than by death or withdrawal from membership is deemed to be a member of ASRS until the member's death benefit is paid.
4. Employees and officers shall not become members of ASRS and, if they are members immediately before becoming employed as provided by this section, shall have their membership status suspended while they are employed by state departments paying the salaries of their officers and employees wholly or in part from monies received from sources other than appropriations from the state general fund for the period or periods payment of the employer contributions is not made by or on behalf of the departments.
5. Notwithstanding other provisions of this section, a temporary employee of the legislature whose projected term of employment is for not more than six months is ineligible for membership in ASRS. If the employment continues beyond six successive months, the employee may elect to either:
(a) Receive credit for service for the first six months of employment and establish membership in ASRS as of the beginning of the current term of employment if, within forty-five days after the first six months of employment, both the employer and the employee contribute to ASRS the amount that would have been required to be contributed to ASRS during the first six months of employment as if the employee had been a member of ASRS during those six months.
(b) Establish membership in ASRS as of the day following the completion of six months of employment.
6. A person who is employed in postgraduate training in an approved medical residency training program of an employer or a postdoctoral scholar who is employed by a university under the jurisdiction of the Arizona board of regents is ineligible for membership in ASRS.
7. A state elected official who is subject to term limits, who is elected or appointed before January 1, 2014 and who is eligible for participation in ASRS because the state elected official elected not to participate in the elected officials' retirement plan as provided in section 38-804, subsection A may elect not to participate in ASRS. The election not to participate is specific for that term of office. The state elected official who is subject to term limits shall make the election in writing and file the election with ASRS within thirty days after the elected official's retirement plan mails the notice to the state elected official of the state elected official's eligibility to participate in ASRS. The election is effective on the first day of the state elected official's eligibility. If a state elected official who is subject to term limits fails to make an election as provided in this paragraph, the state elected official is deemed to have elected to participate in ASRS. The election not to participate in ASRS is irrevocable and constitutes a waiver of all benefits provided by ASRS for the state elected official's entire term, except for any benefits accrued by the state elected official in ASRS for periods of participation before being elected to an office subject to term limits or any benefits expressly provided by law.
8. A person may elect not to participate in ASRS if the person becomes employed by an employer after the person has attained at least sixty-five years of age, is not an active member, inactive member, retired member or receiving benefits pursuant to article 2.1 of this chapter and does not have any credited service or prior service in ASRS. The employee shall make the election not to participate in writing and file the election with ASRS within thirty days after employment. The election not to participate is irrevocable for the remainder of the person's employment for which the person made the election and constitutes a waiver of all benefits provided by the Arizona state retirement system ASRS. The period the person works is not eligible for purchase under section 38-743 or 38-744.
9. The following are ineligible for membership in ASRS:
(a) A person who performs services in a hospital, home or other institution as an inmate or patient at the hospital, home or other institution.
(b) A person who performs agricultural labor services, as defined in section 210 of the social security act.
(c) A person who is a nonresident alien noncitizen temporarily residing in the United States and who holds an F-1, J-1, M-1 or Q-1 visa when services are performed.
(d) A person who performs services for a school, college or university in this state at which the person is enrolled as a student, as defined by the employing institution. The employing institution shall maintain an appeal process for a person who disagrees with the employing institution's determination that the person is a student and not eligible for membership in ASRS.
(e) A person who performs services under a program designed to relieve the person from unemployment.
B. The following elected officials are subject to this article if the member's employer is an employer under article 3 of this chapter:
1. A state elected official who is subject to term limits, who is elected or appointed on or before December 31, 2013 and who is an active, an inactive or a retired member of ASRS or a member of ASRS with a disability because the state elected official had previously elected not to participate in the elected officials' retirement plan as provided in section 38-804, subsection A.
2. An elected official, as defined in section 38-831, who is an active, an inactive or a retired member of ASRS or a member of ASRS with a disability, if the elected official's employer is a participating employer under this article and the elected official is eligible for ASRS service credit for the elected official's service.
Sec. 39. Section 41-906, Arizona Revised Statutes, is amended to read:
41-906. Return of noncitizen and nonresident public charges
A. The governor shall cooperate with the United States commissioner general of immigration assistant secretary of the united states immigration and customs enforcement and the director of the united states citizenship and immigration services and with boards or officials of foreign countries for the purpose of arranging and providing for the return to the foreign countries of alien noncitizen public charges confined in the state hospital or in the industrial school, and of aliens noncitizens discharged from the state prison.
B. To facilitate the return of nonresident public charges confined in the state hospital, or in the state industrial school, the governor may enter into reciprocal agreements or arrangements with officers of other states for the mutual exchange of such public charges, and in pursuance thereof the governor may give written consent and approval of the return to the state of any resident of this state confined in a public institution of another state, corresponding to hospitals or asylums for the insane, or of a state institution for the reformation of delinquent minors.
C. A person shall not be is not deemed a resident of this state for the purposes of this section unless he the person has resided continuously in the this state for one year next preceding commitment to any of the institutions named in this section.
D. The expenses incurred in returning aliens noncitizens and nonresident public charges shall be paid by the state, but the expense of returning residents of this state to this state shall not be paid by this state.
Sec. 40. Section 41-1080, Arizona Revised Statutes, is amended to read:
41-1080. Licensing eligibility; authorized presence; documentation; applicability; definitions
A. Subject to subsections C and D of this section, an agency or political subdivision of this state shall not issue a license to an individual if the individual does not provide documentation of citizenship or alien noncitizen status by presenting any of the following documents to the agency or political subdivision indicating that the individual's presence in the United States is authorized under federal law:
1. An Arizona driver license issued after 1996 or an Arizona nonoperating identification license.
2. A driver license issued by a state that verifies lawful presence in the United States.
3. A birth certificate or delayed birth certificate issued in any state, territory or possession of the United States.
4. A United States certificate of birth abroad.
5. A United States passport.
6. A foreign passport with a United States visa.
7. An I-94 form with a photograph.
8. A United States citizenship and immigration services employment authorization document or refugee travel document.
9. A United States certificate of naturalization.
10. A United States certificate of citizenship.
11. A tribal certificate of Indian blood.
12. A tribal or bureau of Indian affairs affidavit of birth.
13. Any other license that is issued by the federal government, any other state government, an agency of this state or a political subdivision of this state and that requires proof of citizenship or lawful alien noncitizen status before issuing the license.
B. This section does not apply to an individual if either:
1. Both of the following apply:
(a) The individual is a citizen of a foreign country or, if at the time of application, the individual resides in a foreign country.
(b) The benefits that are related to the license do not require the individual to be present in the United States in order to receive those benefits.
2. All of the following apply:
(a) The individual is a resident of another state.
(b) The individual holds an equivalent license in that other state and the equivalent license is of the same type being sought in this state.
(c) The individual seeks the Arizona license to comply with this state's licensing laws and not to establish residency in this state.
C. If, pursuant to subsection A of this section, an individual has affirmatively established citizenship of the United States or a form of nonexpiring work authorization issued by the federal government, the individual, on renewal or reinstatement of a license, is not required to provide subsequent documentation of that status.
D. If, on renewal or reinstatement of a license, an individual holds a limited form of work authorization issued by the federal government that has expired, the individual shall provide documentation of that status.
E. If a document listed in subsection A, paragraphs 1 through 12 of this section does not contain a photograph of the individual, the individual shall also present a government issued document that contains a photograph of the individual.
F. For the purposes of this section:
1. "Agency" means any agency, department, board or commission of this state or any political subdivision of this state that issues a license for the purposes of operating to operate a business in this state or to an individual who provides a service to any person.
2. "License" means any agency permit, certificate, approval, registration, charter or similar form of authorization that is required by law and that is issued by any agency for the purposes of operating to operate a business in this state or to an individual who provides a service to any person where the license is necessary in performing that service.
Sec. 41. Section 41-1462, Arizona Revised Statutes, is amended to read:
41-1462. Exemption; nonresident noncitizens, religious institutions
This article does not apply to an employer with respect to the employment of aliens noncitizens outside any state or to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such continuation of the corporation, association, educational institution or society of its activities.
Sec. 42. Section 43-210, Arizona Revised Statutes, is amended to read:
43-210. Premium tax credit; health insurance; certification of qualified persons; violation; classification; definitions
A. The department shall issue a certificate of eligibility to a person who files an application with the department in the form and manner prescribed by the department on a first come, first served first-come, first-served basis, subject to subsection E of this section. An application submitted to the department under this section shall contain or be verified by a written declaration that it is made under penalty of perjury. A person is entitled to receive a certificate if the department determines monies are available for this program pursuant to subsection E of this section, the person has never before received a certificate and the person is either:
1. A small business.
2. An individual who satisfies all of the following:
(a) Earns less than two hundred fifty per cent percent of the federal poverty level.
(b) Is a legal resident of this state and a citizen of the United States or a legal resident alien noncitizen.
(c) Has not been covered under a health insurance policy for at least six consecutive months before the application.
(d) Is not enrolled in the Arizona health care cost containment system, medicare or any other state or federal government health insurance program.
B. A health care insurer that enrolls an individual or small business certified pursuant to this section shall deduct the amount of the certificate from the premium.
C. For an individual, the amount of the certificate is the lesser of:
1. One thousand dollars $1,000 for coverage on a single person, five hundred dollars $500 for coverage on a child or three thousand dollars $3,000 for family coverage.
2. Fifty per cent percent of the health insurance premium.
D. For a small business, the amount of the certificate is the lesser of:
1. One thousand dollars $1,000 for coverage on each single employee or three thousand dollars $3,000 for each employee who elects family coverage.
2. Fifty per cent percent of the health insurance premium.
E. A health care insurer that enrolls an individual or small business certified pursuant to this section shall notify the department of the enrollment and the amount of premium tax credit it intends to claim for the current calendar year no later than the fifteenth day of the month following commencement of coverage. The department shall not issue any certificates under this section that exceed in the aggregate a combined total of five million dollars $5,000,000 in any calendar year.
F. The initial certificate is valid for a period of ninety days after the date the department issues the certificate. If the individual or small business obtains health care insurance within this period of time period, the certificate is valid for one year from after commencement of coverage.
G. Sixty days before the expiration of the certificate the department shall review the status of the individual or small business. If the individual or small business continues to meet the qualifications pursuant to subsection A, paragraph 1 or paragraph 2, subdivisions (a), (b) and (d) of this section, the department shall reissue the certificate of eligibility.
H. Individuals and small businesses are eligible for a maximum of two reissued certificates of eligibility.
I. This section does not guarantee health insurance coverage to an individual or small business pursuant to this section.
J. The department shall issue the certificate of eligibility in the name of a specific individual and the certificate is nontransferable. A person who sells, conveys, transfers or assigns the certificate to another person or attempts to sell, convey, transfer or assign the certificate to another person is guilty of a class 2 misdemeanor.
K. For the purposes of this section:
1. "Family" means any of the following:
(a) An adult and the adult's spouse.
(b) An adult, the adult's spouse and all unmarried dependent children under nineteen years of age or under twenty-five years of age if a full-time student.
(c) An adult and the adult's unmarried dependent children under nineteen years of age or under twenty-five years of age if a full-time student.
2. "Federal poverty level" means the federal poverty level guidelines published annually by the United States department of health and human services.
3. "Health care insurer" means a disability insurer, group disability insurer, blanket disability insurer, health care services organization, hospital service corporation, medical service corporation or hospital and medical service corporation that provides health insurance in this state.
4. "Health insurance" means a licensed health care plan or arrangement that pays for or furnishes medical or health care services and that is issued by a health care insurer.
5. "Small business" means a business that has been in existence for at least one calendar year in this state, that had not provided health insurance to its employees for at least six consecutive months before the application and that had at least two and no not more than twenty-five employees during the most recent calendar year.
Sec. 43. Section 46-292, Arizona Revised Statutes, is amended to read:
46-292. Eligibility for assistance
A. A family without a dependent child in the household may not receive cash assistance.
B. Cash assistance may be given under this title to any dependent child and member of a needy family:
1. Who has established residence in Arizona at the time of application and who is either:
(a) A citizen by birth or naturalization.
(b) A qualified alien noncitizen who entered the United States on or before August 21, 1996.
(c) A qualified alien noncitizen who entered the United States as a member of one of the exception groups under Public Law 104-193, section 412, in which case the person shall be determined eligible in accordance with Public Law 104-193.
(d) Defined as a qualified alien by the attorney general of the United States under the authority of Public Law 104-208, section 501.
For the purposes of subdivisions (b) and (c) of this paragraph, "qualified alien noncitizen" means a person who is defined as a qualified alien under Public Law 104-193, section 431.
2. If the parent or parents of the dependent child or the nonparent relative head of household receiving assistance, if employable, does not refuse to accept available employment. The department shall assess the applicant's employability at the time of initial application for assistance to establish a self-sufficiency diversion option, if appropriate, before benefit issuance. The determination of employability and the conditions under which employment shall be required shall be determined by the state department, except that claimed unemployability because of physical or mental incapacity shall be determined by the state department in accordance with this title.
3. If the parent or parents of the dependent child or the nonparent head of household in a needy family has not, within one year before application, or while a recipient, transferred or assigned real or personal property with the intent to evade federal or state eligibility requirements. Transfer of property with retention of a life estate for the purpose of qualifying for assistance is prohibited. Where fair consideration for the property was received, no inquiry into motive is necessary. A person found ineligible under this section shall be ineligible for such time as the state department determines.
4. Who meets the requirements of this section and department rule to qualify as part of the assistance unit.
C. Qualified aliens noncitizens entering the United States after August 21, 1996 are ineligible for benefits for a period of five years beginning on their date of entry, except for Cuban and Haitian entrants as defined in section 501(e)(2) of the refugee education assistance act of 1980 and exceptions provided under Public Law 104-193 (personal responsibility and work opportunity reconciliation act of 1996) and Public Law 105-32 (balanced budget act of 1997).
D. A parent or any other relative who applies for or who receives cash assistance under this title on behalf of a child shall cooperate with the department by taking the following actions:
1. Providing information regarding the identity of the child's father and mother and other pertinent information including their names, social security numbers and current addresses or a sworn statement that attests to the lack of this information and that is accompanied by facts supporting the asserted lack of information.
2. Appearing at interviews, hearings and legal proceedings.
3. Submitting and having the child submit to genetic testing.
4. Signing authorizations for third parties to release information concerning the applicant or the child, or both.
5. In cases in which parentage has not been established, providing a sworn statement alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties.
6. Supplying additional information the department requires.
E. The department shall sanction a recipient who, without good cause as prescribed in subsection F of this section, fails to cooperate with child support enforcement efforts according to the sanction provisions of section 46-300.
F. One or more of the following circumstances constitute good cause for failure to cooperate with child support enforcement efforts:
1. Cooperation may result in physical or emotional harm to the parent, child for whom support is sought or caretaker relative with whom the child is living.
2. Legal proceedings for adoption of the child for whom support is sought are pending before a court.
3. The participant has been working, for less than ninety days, with a public or licensed private social agency on the issue of whether to allow the child for whom support is sought to be adopted.
4. The child for whom support is sought was conceived as a result of sexual assault pursuant to section 13-1406 or incest.
G. A person claiming good cause has twenty days from after the date the good cause claim is provided to the agency to supply evidence supporting the claim. When determining whether the parent or relative is cooperating with the agency as provided in subsection D of this section, the agency shall require:
1. If the good cause exception in subsection F, paragraph 1 of this section is claimed, law enforcement, court, medical, criminal, psychological, social service or governmental records or sworn statements from persons with personal knowledge of the circumstances that indicate that the alleged parent or obligor might inflict physical harm on the parent, child or caretaker relative.
2. If the good cause exception in subsection F, paragraph 2 of this section is claimed, court documents that indicate that legal proceedings for adoption are pending before a court of competent jurisdiction.
3. If the good cause exception in subsection F, paragraph 3 of this section is claimed, records from a public or licensed private social services agency showing that placing the child for whom support is sought is under consideration.
4. If the good cause exception in subsection F, paragraph 4 of this section is claimed, law enforcement, court, medical, criminal, psychological, social service or governmental records or sworn statements from persons with personal knowledge of the circumstances surrounding the conception of the child that indicate the child was conceived as a result of sexual assault pursuant to section 13-1406 or incest.
H. Notwithstanding subsection B of this section and except as provided in subsection I of this section, a dependent child or children who are born during one of the following time periods are not eligible for assistance under this title:
1. The period in which the parent or other relative is receiving assistance benefits.
2. The temporary period in which the parent or other relative is ineligible pursuant to a penalty imposed by the department for failure to comply with benefit eligibility requirements, after which the parent or other relative is eligible for a continuation of benefits.
3. Any period after November 1, 1995 that is less than sixty months between a voluntary withdrawal from program benefits or a period of ineligibility for program benefits which that immediately followed a period during which program benefits were received and a subsequent reapplication and eligibility approval for benefits.
I. The following exceptions apply to subsection H of this section:
1. The department shall allow an increase in cash assistance under the program for a dependent child or children born as a result of an act of sexual assault pursuant to section 13-1406 or incest. The department shall ensure that the proper law enforcement authorities are notified of allegations of sexual assault or incest made pursuant to this paragraph. For the purposes of this paragraph, "an act of sexual assault" includes sexual assault of a spouse if the offense was committed before August 12, 2005.
2. For those parents or other relatives who are currently authorized for cash assistance the department shall allow an increase in cash assistance under the program as a result of the birth of a child or children to the parent or other relative only if the birth occurred within ten months of after the initial eligible month. The department may use only the additional child or children who are born from the pregnancies covered in this subsection in computing the additional benefit.
3. The department shall allow an increase in cash assistance for any dependent child born to a parent who has not received cash assistance under this title for at least twelve consecutive months if the child is born within the period beginning ten months after the twelve consecutive month period and ending ten months after the parent resumes receiving cash assistance.
4. A dependent child or children who were born during a period in which the custodial parent received cash assistance through the Arizona works program shall be eligible to receive assistance under this title.
5. A dependent child or children who were born within ten months after the custodial parent received cash assistance through the Arizona works program shall be eligible to receive assistance under this title.
6. The department of economic security shall allow cash assistance for an otherwise eligible dependent child during the period in which the dependent child is in the legal custody of the department of child safety, a tribal court or a tribal child welfare agency located in this state and is placed in unlicensed kinship foster care with a nonparent relative or unrelated adult.
7. The department shall allow cash assistance for an otherwise eligible child who meets one of the following:
(a) The court has placed the child with a nonparent relative.
(b) The child's parents are deceased and the child is living with a nonparent relative.
(c) A nonparent relative has custody of the child because the child is abandoned as defined in section 8-201.
J. The department shall calculate the sixty-month time period referenced in subsection H, paragraph 3 of this section in the following manner:
1. For persons who are receiving cash assistance on November 1, 1995, the sixty-month time period begins on November 1, 1995. A subsequent sixty-month time period begins immediately after the previous period ends if the person is receiving cash assistance through two sixty-month periods. If the individual is not receiving cash assistance at the end of the previous sixty-month period, any subsequent sixty-month time period begins on the date when cash assistance became effective again, regardless of when the person received an actual payment.
2. For persons who begin receiving cash assistance after November 1, 1995, the sixty-month time period begins on the date cash assistance becomes effective, regardless of when the person received an actual payment. A subsequent sixty-month period begins as provided in paragraph 1 of this subsection.
K. In calculating a parent's or any other relative's benefit increase that arises from any general increase that has been approved for all program recipients, the department shall not consider a child or children born under the time periods listed in subsection H of this section.
L. For the parents or other relatives who have additional children for whom they receive no cash assistance payment under subsection H of this section, the department shall make any necessary program amendments or request any necessary federal waivers to allow the parents or other relatives to earn income in an amount equal to the disallowed cash assistance payment without affecting their eligibility for assistance.
M. The director shall adopt rules:
1. To implement this section, including rules to define the investigatory steps that must be taken to confirm that an act of sexual assault pursuant to section 13-1406 or incest led to the birth of a dependent child or children.
2. That require the department to inform both verbally and in writing the parents and other relatives who are receiving assistance under this article of the specific family planning services that are available to them while they are enrolled as eligible persons in the Arizona health care cost containment system.
N. This section does not prevent an otherwise eligible child who is not included in the family's calculation of benefits under this article from being eligible for coverage under title 36, chapter 29 or for any services that are directly linked to eligibility for the temporary assistance for needy families program.
O. Assistance shall not be denied or terminated under this article because the principal wage earner works one hundred or more hours per month.
P. Except as provided in paragraph 2 of this subsection, all members of a needy family, including stepparents, must meet the same financial eligibility criteria established in this title, by department rule and as follows:
1. The department shall include all income from every source available to a needy family requesting cash assistance, except income that is required to be disregarded by this subsection and as determined by the department in rules. For the amount of income that is received from employment, each month every employed person is entitled to receive an earned income disregard of ninety dollars $90 plus an additional thirty percent of the remaining earned income. A needy family that includes an employed person is entitled to an earned income disregard equal to the actual amount billed to the household for the care of an adult or child dependent household member, up to two hundred dollars $200 a month for a child under two years of age and up to one hundred seventy-five dollars $175 a month for each other dependent. This dependent care disregard is allowed only if the expense is necessary to allow the household member to become or remain employed or to attend postsecondary training or education that is preparatory to employment.
2. The total gross countable income of a needy family that includes a nonparent relative head of household who is not applying for or receiving cash assistance and who is requesting cash assistance only for a dependent child shall not exceed one hundred thirty percent of the federal poverty guidelines.
Q. If the total gross countable income in subsection P, paragraph 2 of this section does not exceed one hundred thirty percent of the federal poverty guidelines, in determining benefit amount, the department shall exclude the income of all members of the needy family except for the income of the eligible dependent child for whom cash assistance is requested.
R. For the purposes of eligibility and benefit amount, only the income of the dependent child is considered for a child only case.
S. Any parent or other relative who applies for or receives cash assistance under this article on behalf of a dependent child who is between six and sixteen years of age shall ensure that the child is enrolled in and attending school. An initial applicant is ineligible for benefits until the applicant's dependent children are verified to be enrolled in and attending an educational program. The department of education shall assist the department of economic security in obtaining verification of school enrollment and attendance. The director of the department of economic security may adopt rules for granting good cause exceptions from this subsection. The department of economic security shall sanction a recipient who fails, without good cause, to ensure school enrollment and attendance according to section 46-300.
T. Any parent or other relative who applies for or receives cash assistance under this section on behalf of a dependent child shall ensure that the child is immunized in accordance with the schedule of immunizations pursuant to section 36-672. The director of the department of economic security may adopt rules for granting good cause exceptions from this subsection. The department of economic security shall sanction a recipient, in accordance with section 46-300, who fails, without good cause, to obtain the required immunizations for a dependent child unless the recipient submits to the department of economic security the documentation described in section 15-873.
