noncitizen; alien; terminology

SB1030 - 572R - I Ver

PREFILED��� DEC 16 2025

REFERENCE TITLE:
noncitizen; alien; terminology

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1030

Introduced by

Senator
Miranda

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:

START_STATUTE
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.
END_STATUTE

Sec. 2. Section 5-301, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 3. Section 8-102, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 4. Section 9-500.25, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.

END_STATUTE

Sec. 5. Section 11-269.08, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 6. Section 11-1051, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 7. Section 12-512, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 8. Section 12-2702, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 9. Section 13-1509, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 10. Section 13-2317, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 11. Section 13-2319, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 12. Section 13-2928, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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).
END_STATUTE

Sec. 13. Section 13-2929, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 14. Section 13-3101, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 15. Section 14-2111, Arizona Revised Statutes, is amended to read:

START_STATUTE
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
.
END_STATUTE

Sec. 16. Section 15-973, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 17. Section 15-1803, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 18. Section 17-101, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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 fl
ies 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 de
er, 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. "Nonga
me
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 q
uail, partridge, grouse and
pheasants.
END_STATUTE

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:

START_STATUTE
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).
END_STATUTE

Sec. 21. Section 23-212, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 22. Section 23-212.01, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 23. Section 23-361.01, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 24. Section 23-603, Arizona Revised Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 25. Section 23-781, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 26. Section 23-901, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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, the
third-party administrator or an authorized 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 electronic transmission

in a manner reasonably calculated to achieve effective
notice unless the receiving party opts out by providing written notice to the
other 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.
END_STATUTE

Sec. 27. Section 26-105, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 28. Section 28-3511, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 29. Section 32-1822, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 30. Section 32-1829, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 31. Section 34-301, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 32. Section 36-889, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 33. Section 36-2903.03, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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).
END_STATUTE

Sec. 34. Section 36-2931, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 35. Section 36-2932, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 36. Section 36-2983, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 37. Section 38-231, Arizona Revised Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 38. Section 38-727, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 39. Section 41-906, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 40. Section 41-1080, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 41. Section 41-1462, Arizona Revised Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 42. Section 43-210, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE

Sec. 43. Section 46-292, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.
END_STATUTE