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HB2453 - 572R - I Ver
REFERENCE TITLE:
arts trust fund; monies
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 2453
Introduced by
Representative
Wilmeth
AN
ACT
amending sections 10-122, 10-122.01,
10-3122 and 41-983.01, arizona revised statutes; relating to the public access
fund.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 10-122, Arizona Revised
Statutes, is amended to read:
START_STATUTE
10-122.
Filing, service and copying fees; expedited report filing and
access; same day and next day services; posted wait times; advance monies;
definition
A. The commission shall collect and deposit,
pursuant to sections 35-146 and 35-147, the following nonrefundable
fees when the documents described in this subsection are delivered to the
commission:
Document
�������������������������������������
Fee
1. Articles of incorporation������������������������ $50
2. Application for use of indistinguishable name���� 10
3. Application for reserved name�������������������� 10
4. Notice of transfer of reserved name�������������� 10
5. Application for registered name������������������ 10
6. Application for renewal of registered name������� 10
7. Agent's statement of resignation����������������� 10
8. Amendment of articles of incorporation����������� 25
9. Restatement of articles of incorporation with
����� amendment of articles�������������������������� 25
10. Statement of merger, interest exchange,
����� conversion, domestication or division if the
����� entity responsible for filing the statement
����� is a corporation������������������������������� 100
11. Articles of dissolution������������������������� 25
12. Articles of revocation of dissolution����������� 25
13. Application for reinstatement following
����� administrative dissolution, in addition
����� to other fees and penalties due���������������� 100
14. Application for authority����������������������� 150
15. Application for withdrawal���������������������� 25
16. Annual report����������������������������������� 45
17. Articles of correction�������������������������� 25
18. Application for certificate of good standing���� 10
19. Any other document required or permitted
����� to be filed by chapters 1 through 17
����� of this title���������������������������������� 25
B. The commission shall collect a nonrefundable fee
of
twenty-five dollars
$25
each
time process is served on it under chapters 1 through 17 of this
title. The party to a proceeding causing service of process is
entitled to recover this fee as costs if the party prevails in the proceeding.
C. The commission shall charge and collect a
reasonable fee for copying documents on request, provided the fee does not
exceed the cost of providing the service as determined by the
commission. The commission shall also charge a reasonable fee for
certifying the copy of a filed document, provided the fee does not exceed the
cost of providing the service as determined by the commission.
D. A penalty of
one hundred dollars
$100 that is
payable in addition to other fees accrues and is
payable if a foreign corporation fails to file an amendment, restated articles
that include an amendment
,
or articles of merger
within sixty days after the time of filing in the jurisdiction in which the
corporation is domiciled.� The penalty collected pursuant to this subsection
shall be deposited, pursuant to sections 35-146 and 35-147, in the
state general fund.
E. One-third of the fees for the annual report
of domestic and foreign corporations paid pursuant to subsection A, paragraph
16 of this section shall be deposited in the Arizona arts trust fund
established by section 41-983.01 and two-thirds of these fees shall be
deposited, pursuant to sections 35-146 and 35-147, in the public
access fund established by section 10-122.01.
F. The commission shall provide for and establish an
expedited service for the filing of all documents and services provided
pursuant to this title as follows:
1. The expedited filing shall be a priority service
to be completed as soon as possible after the documents are delivered to the
commission.
2. In addition to any other fees required by this
section or any other law, the commission shall charge a nonrefundable fee for
expedited services, including those requested by fax. The fee shall
be determined by a supermajority vote of the commissioners.
3. The commission may provide for and establish same
day and next day services for the filing of any documents and services provided
pursuant to this title as follows:
(a) The commission shall suspend same day or next
day service if the commission determines that it does not have the necessary
resources to perform the service within the established time period.
(b) In addition to any other fees required by this
section or any other law, the commissioners may charge a nonrefundable fee for
the same day or next day service or both.� The fee shall be determined by a
supermajority vote of the commissioners.
4. The commission shall publicly post the current
wait times for processing regular, expedited and same day and next day
services.
G. The commission may charge persons who access the
commission's data processing system that is maintained pursuant to section 10-122.01
from remote locations and persons requesting special computer generated
printouts, reports and tapes a reasonable fee that does not exceed the cost of
the time, equipment and personnel necessary to provide this service or product
as determined by the commission.
H. Except as provided in section 10-122.01,
subsection
B
c
, paragraph 3,
in addition to any fee charged pursuant to this section, the commission may
charge and collect the following nonrefundable fees to help defray the cost of
the improved data processing system that is maintained pursuant to section 10-122.01:
1. Filing articles of incorporation of a domestic
corporation,
ten dollars
$10
.
2. Filing an application of a foreign corporation
for authority to transact business in this state,
twenty-five
dollars
$25
.
I. All monies received pursuant to subsections F, G
and H of this section shall be deposited, pursuant to sections 35-146 and
35-147, in the public access fund established by section 10-122.01.
J. Fees charged pursuant to this section are exempt
from section 39-121.03, subsection A, paragraph 3.
K. The commission may allow any person to advance
monies to the commission to pay fees required pursuant to this section for
future filings and services. All monies received pursuant to this
subsection shall be deposited, pursuant to sections 35-146 and 35-147,
in the money on deposit account in the public access fund established by
section 10-122.01.
L. In addition to any other fees prescribed by law,
the commission may establish a fee for the filing of an annual benefit report
delivered to the commission pursuant to section 10-2442. The
fee shall be determined by a majority vote of the commissioners.
M. For the purposes of this section,
"supermajority" means an affirmative vote of at least four
commissioners.
END_STATUTE
Sec. 2. Section 10-122.01, Arizona Revised
Statutes, is amended to read:
START_STATUTE
10-122.01.
Public access fund; purpose; exemption; money on deposit account
A. The public access fund is
established. The commission shall administer the fund.� The fund
consists of monies received pursuant to:
1. Section 10-122, subsections E, F, G, H and
K.
2. Section 10-3122, subsections I and K.
3. Section 29-3213, subsections E and F.
B. the commission shall deposit,
pursuant to sections 35-146 and 35-147, One-third of all of the
monies that are collected pursuant to subsection A, paragraph 1 of this section
in the arizona arts trust fund established by section 41-983.01.
B.
C.
Except
as provided in subsection
C
D
of
this section:
1. Monies in the fund are subject to legislative
appropriation.
2. The commission shall spend monies in the fund for
a part of the general administrative and legal expenses of the commission and
to purchase, install and maintain an improved data processing system on the
premises of the commission.� The data processing system shall be designed to
allow direct online access by any person at a remote location to all public
records that are filed with the commission pursuant to this title and title 29
relating to limited liability companies.
3. When sufficient monies have been collected
pursuant to section 10-122, subsections F, G and H and section 10-3122,
subsection I to pay for the purchase and installation of the data processing
system, the commission shall not charge and collect the fees prescribed in
section 10-122, subsection H or section 10-3122, subsection H.
4. Monies in the fund are exempt from the provisions
of section 35-190 relating to lapsing of appropriations, except that any
unencumbered monies in excess of $200,000 at the end of each fiscal year revert
to the state general fund.
C.
D.
The
money on deposit account is established in the public access fund as a separate
account consisting of monies received pursuant to section 10-122,
subsection K, section 10-3122, subsection K, section 29-851,
subsection F and section 29-3213, subsection F. Monies in the
money on deposit account:
1. Are held in trust by the commission.
2. May be withdrawn by the commission only:
(a) To cover fees that are due pursuant to this
title or title 29 relating to limited liability companies on delivery of
documents for filing or on a request for services by a person who advanced
monies to the commission pursuant to section 10-122, subsection K,
section 10-3122, subsection K, section 29-851, subsection F or
section 29-3213, subsection F.
(b) To refund the monies advanced in subdivision (a)
of this paragraph if the person who requested services pursuant to subdivision
(a) of this paragraph requests the refund.
(c) For the disposition of unclaimed property
pursuant to title 44, chapter 3.
3. Are not subject to either:
(a) Legislative appropriation.
(b) Reversion to the state general fund.
END_STATUTE
Sec. 3. Section 10-3122, Arizona Revised
Statutes, is amended to read:
START_STATUTE
10-3122.
Filing, service and copying fees; public access fund; expedited
report filing and access; same day and next day services
A. The commission shall collect and deposit,
pursuant to sections 35-146 and 35-147, in the state general fund
the following nonrefundable fees when the documents described in this
subsection are delivered to the commission for filing or issuance:
�����
Document
�������������������������������������
Fee
1. Articles of
incorporation������������������������ $ 30
2. Application for
use of indistinguishable name���� $ 10
3. Application for
reserved name�������������������� $ 10
4. Notice of transfer of reserved name�������������� $
10
5. Application for registered name������������������ $
10
6. Application for renewal of registered name������� $
10
7. Agent's statement of resignation����������������� $
10
8. Amendment of articles of incorporation����������� $
25
9. Restatement of articles of incorporation
����� with amendment of articles��������������������� $ 25
10. Statement of merger, interest exchange,
����� conversion, domestication or division if
����� the entity responsible for filing the
����� statement is a nonprofit corporation����������� $100
11. Articles of dissolution������������������������� $
25
12. Articles of revocation of dissolution����������� $
25
13. Application for reinstatement following
����� administrative dissolution or revocation,
����� in addition to other fees and penalties due���� $ 25
14. Application for authority����������������������� $150
15. Application for withdrawal���������������������� $
25
16. Annual report����������������������������������� $
10
17. Articles of correction�������������������������� $
25
18. Application for certificate of good standing���� $
10
B. The commission shall collect a nonrefundable fee
of
twenty-five dollars
$25
each
time process is served on it under chapters 24 through 42 of this
title. The party to a proceeding causing service of process is
entitled to recover this fee as costs if the party prevails in the proceeding.�
The fee collected pursuant to this subsection shall be deposited, pursuant to
sections 35-146 and 35-147, in the state general fund.
C. The commission shall charge and collect fifty
cents per page for copying documents on request.� The commission shall also
charge
five dollars
$5
plus
fifty cents
$.50
per page for certifying
the copy of a filed document. The fees collected pursuant to this
subsection shall be deposited, pursuant to sections 35-146 and 35-147,
in the state general fund.
D. A penalty of
one hundred dollars
$100 that is
payable in addition to other fees accrues
and is payable if a foreign corporation fails to file an amendment, restated
articles that include an amendment
,
or articles of
merger within sixty days
of
after
the
time of filing in the jurisdiction in which the corporation is
domiciled. The penalty collected pursuant to this subsection shall
be deposited, pursuant to sections 35-146 and 35-147, in the state
general fund.
E. Pursuant to section 10-122, subsection F,
the commission shall provide for and establish an expedited service for the
filing of all documents and services provided pursuant to chapters 24 through
42 of this title.
F. Pursuant to section 10-122, subsection F,
the commission may provide for and establish same day and next day services for
the filing of any documents and services provided pursuant to chapters 24
through 42 of this title.
G. The commission may charge persons who access the
commission's data processing system that is maintained pursuant to section 10-122.01
from remote locations and persons requesting special computer generated
printouts, reports and tapes a reasonable fee that does not exceed the cost of
the time, equipment and personnel necessary to provide this service or product
as determined by the commission.
H. Except as provided in section 10-122.01,
subsection
B
c
, paragraph 3,
in addition to any fee charged pursuant to this section, the commission may
charge and collect the following nonrefundable fees to help defray the cost of
the improved data processing system that is maintained pursuant to section 10-122.01:
1. Filing articles of incorporation of a domestic
corporation,
ten dollars
$10
.
2. Filing an application of a foreign corporation
for authority to transact business in this state,
twenty-five
dollars
$25
.
I. All monies received pursuant to subsections E
through H of this section shall be deposited, pursuant to sections 35-146
and 35-147, in the public access fund established by section 10-122.01.
J. Fees charged pursuant to this section are exempt
from section 39-121.03, subsection A, paragraph 3.
K. Any person may advance monies to the commission
to pay fees required pursuant to this section for future filings and services.�
All monies received pursuant to this subsection shall be deposited, pursuant to
sections 35-146 and 35-147, in the money on deposit account in the
public access fund established by section 10-122.01.
END_STATUTE
Sec. 4. Section 41-983.01, Arizona Revised
Statutes, is amended to read:
START_STATUTE
41-983.01.
Arizona arts trust fund
A.
There is established
The
Arizona arts trust fund
is established
. The
trust fund shall be administered by the Arizona commission on the arts and
shall consist of revenues derived from filing fees collected pursuant to
section 10-122
and deposited made pursuant to section 10-122.01
. The
commission shall deposit, pursuant to sections 35-146 and 35-147,
such revenues into the trust fund at least quarterly.
B. On notice from the
commission, the state treasurer shall invest and divest monies in the fund as
provided by section 35-313, and monies earned from investment shall be
credited to the trust fund. Monies in the fund shall not revert to
the state general fund.
C. Expenditures from the trust fund for grants under
the Arizona arts program shall be authorized by a majority vote of the
commission.� All other expenditures may be authorized by the chairman of the
commission.� Expenditures shall be made
upon
on
warrants drawn by the department of administration.
END_STATUTE