DEPARTMENT OF STATE Office of Secretary of State FY 2010 Annual Report

About this report: I am pleased to present the Secretary of State FY 2010 Annual Report. Copies are available at www.azsos.gov.

Ken Bennett - Secretary of State GENERAL INFORMATION Annual Report Fiscal Year 2010

Fiscal Year 2010 Financial Highlights The O! ce of the Secretary of State report, rent and insurance to the De- spent and $1.7M was returned to the receives monies from two sources: the partment of Administration for o! ce General Fund. State General Fund and Federal Funds. space, and other operating costs such We also charge fees for some of the as printing, postage, o! ce supplies " lings and registrations submitted to State General Fund. Daily operations and equipment maintenance. Of the our o! ce, as prescribed by state law. of our O! ce and expenses for state- $3.6M authorized for daily operations, In FY2010, we collected approximately wide elections are paid from this fund, approximately $3.4M was spent and $2 million from customers who use which is approved each year by the $200,000 was returned to the General our services. These monies go into the Legislature and Governor. In Fiscal Fund. General Fund and other state funds to Year 2010 we received approximately help o# set the expense of running our $3.6 million for daily operations and The largest amount of expenses for o! ce. $8.4 million for the Special Election statewide elections are monies to re- held in May 2010 for a total of $12 imburse counties for election Federal Funds. Our O! ce used about million. expenses at the local level, includ- $7.7 million of Federal Funds from ing the printing of ballots, postage, the Help America Vote Act (HAVA) Daily operations include the various supplies, and rent, salaries and other in FY2010. Most of these monies, divisions of the O! ce such as Elec- expenses at the polls. There are also $7.5M, were grants given to Arizona’s tions, Business Services, Publications, signi" cant statewide expenses includ- 15 counties for the purchase and Information Technology, and Admin- ing the printing and postage costs maintenance of election equipment istration. Expenses for daily opera- for over 2 million publicity pamphlets and other election expenses required tions include salaries of employees mailed to voters across the State. Of by Federal and State laws. The other who provide services to the public as the $8.4M authorized for the special $200,000 was used to pay statewide detailed throughout the rest of this election, approximately $6.7M was expenses related to HAVA. O! ce Pro" le The Arizona Department of State was created by the from the legislative branch to the executive branch under Arizona Constitution and is headed by a publicly elected the O! ce of Secretary of State. secretary of state, who serves as acting governor in the ab- sence of the governor, and succeeds the governor should During " scal year 2010, the o! ce continued to focus on a vacancy occur. If the secretary advances to the gover- its new mission statement as established by the Bennett nor’s o! ce under this scenario, the governor appoints a administration. replacement secretary. Sec. Bennett instilled in his sta# that government should be The secretary’s o! ce is divided into four separate areas, transparent, with public documents " led being made ac- administration, business services, election services and cessible. The task of creating an online " ling system began, public services. Often sta# supports one another with data thus entering the o! ce into the next stage of expedient input and " ling of documents whenever possible. customer service. The online " ling system is anticipated to be released in FY 2011. The Department of State added the Arizona State Library, Archives and Public Records as a division on Oct. 1, 2009, The mailing address for the o! ce is 1700 W. Washington St., with the passing of Senate Bill 1091. The bill moved LAPR 7th Floor, Phoenix, AZ 85007. On the Cover

(Upper left) On May 4, 2010, Ken Bennett teaches legisla- through the Arizona State Braille and Talking Book Library tive interns about the state budget and sings his famous on Sept. 11, 2009. Ken Bennett (left) gives a digital player to “Sine Die” songs. (Lower left) Assistant Secretary of State veteran James Carson (right) as part of the ceremonies held Jim Drake helps out with Logic and Accuracy tests of elec- at the Arizona State Capitol Museum. tion equipment on May 7, 2010, for the May 2010 special Project Manager: Public Services Division Director, Scott Cancelosi. Photos election. (Right) Phoenix-area veterans receive some of and graphics by S. Cancelosi unless otherwise noted. the state’s " rst digital talking book players distributed

FY 2009 Annual Report, Arizona Secretary of State © December 2010 2 Ken Bennett, Secretary of State State of Arizona - Department of State Annual Report Fiscal Year 2010 GENERAL INFORMATION

Forward ~ A Letter to Arizonans Our FY ’10 focus? Accountability and Transparency

As we started the ! scal year our o" ce signed HB2788 into law on April 1, presented grant money checks to 2010, it established a legal framework all 15 Arizona counties for a total of for those independent expenditures $5 million of Help America Vote Act while requiring disclosure to voters. monies. The counties used these much Provisions of the law would also be in needed funds for their HAVA projects e# ect by the August primary. which included voter registration enhancements, voter education, and It wasn’t just about elections this FY poll worker recruitment and training. year for our o" ce, although the special election did receive the most media Our Election Services sta# was poised attention. We did have other successes Ken Bennett to oversee a special election in the such as bringing a rare copy of the Arizona Secretary of State & fall of 2009 that was not meant to be. Declaration of Independence to the Chief Elections O! cer The Legislature was unable to pass Capitol Feb. 20, 2010. Arizonans waited legislation to put a one-cent sales in the rain that morning to view this tax to the voters on Aug. 11, 2009, important document and were given a which eventually would put o# the history lesson through an instructional inevitable - a special election on May video in the Capitol Museum. The 18, 2010. In the spring the sta# not weekend event was patriotic and only had to prepare in-house for this reminded all of us just how far we have election, they set up schedules to test come from the birth of our democracy. county election equipment and they prepared a Special Election Publicity Before we knew it, in June we were Pamphlet and Sample Ballot . We saved working on the Nov. 2 election and counties the cost to print and mail released the tentative numbering sample ballots by including a sample system for statewide initiatives, ballot in the publication. This saved referendums and amendments. We the taxpayers thousands of dollars also unveiled a new campaign ! nance in tight-budgeted times. The special website that created transparency election was conducted and our sta# and accountability that allowed the proved once again they can rise above tracking of spending and fundraising any challenge even under demanding of candidates, PACs, ballot committees deadlines. and other political organizations.

This ! scal year we lead reform e# orts These are just a few of our due to a U.S. Supreme Court ruling accomplishments in Fiscal Year 2010. that cleared the way for corporations I invite you to read the stories of our and unions to spend from their successes throughout this annual general treasuries to advocate for report. or against candidates. We met with stakeholders and sta# helped to draft legislation to bring Arizona in compliance with the ruling. Yet KEN BENNETT another immense undertaking had to Arizona Secretary of State be made under a tight deadline with the primary and general elections around the corner. As the governor

State of Arizona - Department of State Ken Bennett, Secretary of State 3 GENERAL INFORMATION Annual Report Fiscal Year 2010

Table of Contents O! ce Overview p. 5 Vision, Mission & Values p. 5 O! ce Services & Other Duties p. 5 Secretaries Since Statehood p. 6 Administration p. 7 Overview/About the Secretary p. 7 Contact Information p. 7 Key Sta" p. 8 Services p. 8 Fiscal Year 2010 Statistics p. 9 Business Services p. 12 Overview p. 12 Contact Information p. 12 Key Sta" p. 12 Services p. 13 Fiscal Year 2010 Statistics p. 14 Election Services p. 16 Overview p. 16 Contact Information p. 16 Key Sta" p. 16 Services p. 17 Fiscal Year 2010 Statistics p. 18 Public Services p. 22 Overview p. 22 Contact Information p. 22 Key Sta" p. 22 Services p. 23 Fiscal Year 2010 Statistics p. 24 Index p. 30

This report is available online at: www.azsos.gov. A paper copy of this report is available through interlibrary loan. Contact Arizona State Library, Archive and Public Records, a division of the O! ce of the Secretary of State, at (602) 542- 4035 for more information. Visit them online at www.lib.az.us.

The O! ce of the Secretary of State is an equal opportunity employer. Requests for alternate formats or accommodations can be made # ve days in advance by contacting the Secretary of State ADA Coordinator at (602) 542-4285.

4 Ken Bennett, Secretary of State State of Arizona - Department of State Annual Report Fiscal Year 2010 PART 1 ~ OFFICE OVERVIEW

O ce Overview ~ Vision, Mission & Values

Two key values were focus in Fiscal Year 2010. They were transparency and accessibility. The next " scal year e! ciency will be the focus with the unveiling of an online " ling system. Our Vision To help all Arizonans enjoy a better quality of life through their participation, understanding and con" dence in state government. Our Mission To never stop searching for ways to improve on: Our Values

1. Helping people choose their leaders through fair, honest and accurate Transparent elections; E! cient 2. Letting people know what their government is doing by keeping a Accurate complete and accurate record of its actions and making that information Accessible readily available through library and records services; Responsive Trustworthy 3. Helping people form businesses, record important transactions and Team-spirited provide for their families. O! ce Services The o! ce is primarily a " ling o! ce with duties set in the certi" es to the governor the names of those persons who Arizona Constitution and Arizona Revised Statutes. Some have received at any election the highest number of votes duties of the secretary include: for any o! ce, the incumbent of which is commissioned by the governor under A.R.S. § 41-121(6). Keep the Great Seal of the State of Arizona and grant or deny permission to use it; Register lobbyists and accept lobbyist " lings and campaign " nance " lings; Receive and record business " lings to include Uniform Commercial Code transactions, trademark and trade name Publish o! cial acts of the state of Arizona to include registrations, charity " lings, limited partnerships and chaptering legislative bills; limited liability partnerships; Publish state agency, board and commission rules in the Administer election functions to include release of result Arizona Administrative Code and the Arizona Administrative in a statewide canvass and certi" cation of statewide Register ; and elections. As the state’s chief election o! cer, the secretary of state " les in the o! ce receipts for all books distributed Commission notaries public, and authenticate notaries by the secretary of state and direct the county recorder of public and certain public o! cials on documents sent to each county to do the same under A.R.S. § 41-121(5) and foreign countries. Other duties under A.R.S. § 41-121 • Keep a register of and attest the o! cial acts of the gover- be veri" ed annually by the secretary of state’s a! davit nor. entered in the fee book. • File in the Secretary of State’s o! ce receipts for all books • Meet at least annually with personnel from the federal distributed by the secretary of state and direct the county voting assistance o! ce of the United States department recorder of each county to do the same. of defense and with county recorders and other county • Keep a fee book of fees and compensation of whatever election o! cials in this state to coordinate the delivery kind and nature earned, collected or charged by the sec- and return of registrations, ballot requests, voted ballots retary of state, with the date, the name of the payer and and other election materials to and from absent uni- the nature of the service in each case. The fee book shall formed and overseas citizens.

State of Arizona - Department of State Ken Bennett, Secretary of State 5 PART 1 ~ OFFICE OVERVIEW Annual Report Fiscal Year 2010

Secretaries of State Since 1912 ~ Statehood * Secretaries who, by governor o" ce vacancy (either death or 1931 – 1933 resignation), who became governor under the Arizona Constitution . Scott White

2009 - Present 1977 – 1988 1929 – 1931 Ken Bennett Rose Mo! ord* I.P. “Ike” Fraizer*

2003 - 2009 1949 – 1977 1929 Janice K. Brewer* * J.C. Callaghan

1997 - 2002 1948 – 1949 1923 – 1929 Curtis Williams James H. Kerby

1995 – 1997 1942 – 1948 1921 – 1923 * Dan E. Garvey Ernest R. Hall

1991 – 1995 1939 – 1942 1919 – 1921 Harry M. Moore

1988 – 1991 1933 – 1939 1912 – 1919 Jim Shumway James H. Kerby Sidney P. Osborn

6 Ken Bennett, Secretary of State State of Arizona - Department of State Annual Report Fiscal Year 2010 PART 2 ~ ADMINISTRATION

Overview/About the Secretary Contact Who we are Our customers Administration provides leadership, Administration is tasked to " le docu- Information guidance and support to all other ments statutorily mandated under Write the secretary divisions of the o! ce. The support in- state law. These documents are " led Honorable KEN BENNETT cludes the management of computer from the governor’s o! ce, state agen- Secretary of State information systems, budget and " scal cies, businesses or other entities. 1700 W. Washington St., operations, and human resources. Administration supports the timely 7th Floor retrieval of " lings at the request of the Phoenix, AZ 85007 public. Call the secretary About Secretary of State Ken Bennett Telephone: (602) 542-0681 Ken Bennett (Republican) was appointed by Gov. Jan Fax number: (602) 542-1575 Brewer to replace her as secretary of state, and took the oath of o! ce on Jan. 26, 2009. On the Web The statewide o! ce is the newest chapter in a record www.azsos.gov of public service that spans 25 years. e-mail: [email protected] It’s also the latest distinction for Bennett – an Arizona native and small-business owner. O! ce location Bennett began his legislative career in 1998 when he The Secretary of State’s main was elected to represent the residents of Legislative o! ce is located at the state District 1. He served four terms in the state Senate – Capitol in Phoenix, Arizona, 1700 from 1999 to 2007 – and served as Senate president his W. Washington Street, in the " nal four years before being term-limited from o! ce. executive tower on the seventh Earlier, in 2007, Bennett received the Polly Rosenbaum Award from the Arizona # oor. State Library, Archives and Public Records in recognition of his support for the State Library’s mission to preserve Arizona history and ensure access to state information and records. He served as Republican Floor Leader in 2002, and was chairman of the Senate Education Committee in 2001 and 2002. Prior to joining the Legislature, Bennett was a member of the Arizona State Board of Education for seven years. He was president of the board in 1996 and 1998. Bennett also served on the Arizona Charter Schools Board for three years, and was a found- ing member of the Education Leaders Council in Washington, D.C. Bennett’s career in public service began in 1985 with his election to the Prescott City Council. He completed a four-year term, and was named mayor pro-tempore in 1988. After leaving the Legislature, Bennett re-entered the private sector to work with companies in the development of alternative energy sources and energy-e! cient building technologies. Currently, he is chairman of the board of directors for Prescott-based Global Building Systems, Inc., and Energy Tech America. He also is a member of the board of directors for Cancer Treatment Centers of America (Western Regional Medical Center, in Goodyear). Bennett was CEO of Bennett Oil Company, a family fuel-distribution business, from 1985 to 2006. He continues on Parking is available just west of its board of directors. the tower o$ of 19th Avenue and A fan of sports and music, Bennett also is active in the Church of Jesus Christ of Washington Street. Latter Day Saints. From 1978 to 1980, he was an LDS missionary in southern Japan. Bennett is an Eagle Scout, and graduated from in 1984 with an accounting degree. Bennett was born in Tucson in 1959, now resides in Gilbert with his wife, Jeanne Tenney Bennett. They have three grown children – Ryan, Dana and Clif – and one grandson.

State of Arizona - Department of State Ken Bennett, Secretary of State 7 PART 2 ~ ADMINISTRATION Annual Report Fiscal Year 2010

Key Sta Services Assistant What we do Secretary of State - Record and maintain all o! cial acts of the governor under A.R.S. § 41-121(2). JIM DRAKE - Record the o! cial acts of the secretary of state. This includes the attachment Jim is responsible of the Great Seal of the State of Arizona to documents that are " led under for day-to-day of- A.R.S. § 41-130(4). " ce operations. His duties include preparation of the - Prepare, record and maintain all secretary of state correspondence. This o! ce budget; is in charge of human includes granting or denying permission of the use of the Great Seal of the resource issues; and handles legisla- State of Arizona under A.R.S. § 41-121(3). tive duties. - File and maintain public o! cer loyalty oaths under A.R.S. § 38-233. Chief Information O! cer BILL MAASKE Bill is responsible for the Secretary of State’s com- puter network; the Secretary of State website; phones and electronic communi- cations and maintenance of o! ce electronics. The state seal was approved by Article 22, Section 20 of the Arizona Constitution and adopted in 1911. The state’s key enterprises are sym- Director of bolized on the face of the seal. Communications MATTHEW In the background is a range of mountains with the sun rising behind BENSON the peaks. Matt is the newest At the right side of the range of mountains there is a storage reservoir member of the and a dam, below which, in the middle distance, are irrigated " elds and administration orchards reaching into the foreground with grazing cattle to the right. team. He joined the o! ce in January 2010 and is the liaison between the To the left, the middle distance depicts a mountainside with a quartz media and the o! ce. His primary mill. In the foreground is a miner with a pick and shovel. Above this is responsibilities are preparing press the motto “Ditat Deus,” meaning God enriches. releases and media advisories. In a circular band surrounding the whole seal is inscribed “Great Seal of Chief Financial the State of Arizona” and the year of admission to the Union, 1912. O! cer SANDY REILLY Any person who wishes to use the state seal must state their intended purpose in writing to the o! ce as the secretary acts as custodian of the Sandy supports great seal. the Secretary of State’s o! ce with Contact the o! ce at (602) 542-0681 for more information or mail your human resource request to: duties. She maintains " nancial ac- counts, payroll, and procurement of The Honorable Ken Bennett o! ce goods and services. Secretary of State 1700 W. Washington St., 7th Floor Phoenix, AZ 85007

8 Ken Bennett, Secretary of State State of Arizona - Department of State Annual Report Fiscal Year 2010 PART 2 ~ ADMINISTRATION

Fiscal Year 2010 Statistics State Seal Usage Secretary Bennett grants and denies permission to use the state or for promoting any other commercial purpose. Great Seal of the State of Arizona under A.R.S. § 41-130 The secretary of state may promulgate rules for the which states, use of the great seal of this state or any facsimile, copy, likeness, imitation or other resemblance of the great “41-130. Use of state seal restricted; violation; classi! cation seal. Any person who knowingly violates this section is A person may use, display or otherwise employ any guilty of a class 3 misdemeanor.” facsimile, copy, likeness, imitation or other resemblance of the great seal of this state only after obtaining the FY FY approval of the secretary of state. The secretary of state 2009 2010 may grant a certi! cate of approval upon application by Permission granted to use the state sea l 16 15 any person showing good cause for the use of the great Denied use the state seal under A.R.S. § 2 1 seal of this state for a proper purpose. The great seal of this 41-130 state shall in no way be employed by anyone other than a state agency for the purpose of advertising or promoting Request to cease using seal under 2 3 the sale of any article of merchandise whatever within this potential violation of A.R.S. § 41-130 Certi! cates The following certi! cates were issued in Fiscal Year 2010: Arizona state " ag certi! cates 142 Eagle Scout certi! cates - 35

Girl Scout Gold Award certi! cates - 18 United States " ag certi! cates Camp Fire Wohelo certi! cates - 0 42

Actions of Governor Janice K. Brewer The Secretary of State’s o# ce has kept record and/ or attested to the following actions of the Brewer administration: Charter Amendments 3 3 FY09 FY10 Acquisition 1 0 Clemency Agent’s Appointments 119 148 Clemency Denied – 32 13 Appointment Certi! cates 254 - Proclamation of Clemency – 4 0 Commutation of Sentence – Approval of Applicable 8 4 3 5 Elected Representative granted Approval of Proposed 6 0 Declaration of Emergency Annexation 1. Sedona Flash Flood Certi! cates 80 52 2. January 2010 Winter Storm 2 3 Certi! cate of Achievement - - 3. Amendment #1 to Certi! cate of Appreciation 407 542 January 2010 Winter Storm Declaration of Emergency Certi! cate of Approval 3 0 Executive Agreement 9 15 Certi! cate of Free Sale 26 5 Certi! cate of Recognition - 23 Executive Orders NOTE: These orders can be Certi! cate of Special 596 381 viewed online at the Arizona 13 18 Recognition State Library, Archives and Public Certi! cation of Appointment 226 0 Records website.

State of Arizona - Department of State Ken Bennett, Secretary of State 9 PART 2 ~ ADMINISTRATION Annual Report Fiscal Year 2010 Actions of Governor Janice K. Brewer ~ Continued Extraditions 119 116 Pardon Denied 1 3 Governor’s Approval of Purchase 1 - Re-Extradition - - Land Patent 8 10 Requisition 119 149 Loyalty Oath 651 669 Settlement Amendment - - Notice of Appointment Termination of State of NOTE: Some notices of Emergency 422 535 appointments contain loyalty oaths Monsoon 2007 Emergency 8 2 as part of the appointment. - PCA 28002 Arizona 2000 Flood Emergency O! cial Correspondence - - - PCA 21104 Pardon 2 - Tribal-State Gaming Compact 13 -

Proclamations Note: The o! ce keeps an attestation of duplicate proclamations " led, that is, proclamations that may have been " led due to governor o! ce manifest typographical or other errors. Proclamations can be viewed 190 279 online at the “Publications” link, Arizona Administrative Register . Actions of the Legislature ~ Legislative Resolutions and Memorials Transmitted The o! ce prepares cover letters and transmits memorials and resolutions passed each legislative session upon the request of the Legislature. Often the request to transmit or send the correspondence is written into the language at the end of the memorial or resolution. The dates the transmittal letters were sent are posted online at the Secretary of state’s website. 49th Legislature, Second Regular Session (2010) Senate Resolutions SCR 1056 - Proclaiming March 29 of each year as Vietnam SR 1001 - Recognizing the Chicago Cubs for their positive Veterans’ Day in Arizona. impact on Major League Baseball spring training, the Date Filed: April 19, 2010 Cactus League and the state of Arizona. Date Transmitted: April 20, 2010 Date Filed: Jan. 26, 2010 House Concurrent Memorials Date Transmitted: Jan. 27, 2010 HCM 2002 - Urging Congress to ensure that any federal Senate Memorials health care reform legislation has a minimal " scal impact SM 1002 - Urging the United States Department of Trans- on the states. portation to provide monies to the Arizona Department Date Filed: April 22, 2010 of Transportation for construction of BIA routes N9901 Date Transmitted: April 28, 2010 and N9065. HCM 2008 - Urging the United States Congress to enact Date Filed: March 1, 2010 HR 1034 to designate the Honor and Remember Flag. Date Transmitted: March 5, 2010 Date Filed: April 20, 2010 Senate Concurrent Memorials Date Transmitted: April 21, 2010 SCM 1002 - Urging Congress to ensure that any federal HCM 2009 - Urging the United States Congress to enact health care reform legislation has a minimal " scal impact legislation that provides grant funding for states to con- on the states. duct feasibility studies for the domestic production and Date Filed: April 20, 2010 research of medical isotopes. Date Transmitted: April 21, 2010 Date Filed: April 28, 2010 SCM 1003 - Urging the United States Congress to restruc- Date Transmitted: April 30, 2010 ture the federal fuel tax system so that Arizona receives HCM 2014 - Urging the United States Congress to sup- an amount equal to what it pays in fuel taxes. port federal and state policy initiatives to spur a new Date Filed: April 29, 2010 wave of nuclear plant development. Date Transmitted: May 4, 2010 Date Filed: April 28, 2010 Senate Concurrent Resolutions Date Transmitted: April 30, 2010 SCR 1004 - Proclaiming Cold War Victory Day in Arizona. Date Filed: April 12, 2010 Continued next page Date Transmitted: April 12, 2010

10 Ken Bennett, Secretary of State State of Arizona - Department of State Annual Report Fiscal Year 2010 PART 2 ~ ADMINISTRATION Actions of the Legislature ~ Legislative Resolutions and Memorials Transmitted House Concurrent Resolutions HCR 2001 - Resolving intent to claim sovereignty under HCR 2026 - Acknowledging the Navajo Code Talkers for the Tenth Amendment to the Constitution of the United their Substantial Contributions to American History and States over certain powers, serving notice to the federal Military Success. government to cease and desist certain mandates and Date Filed: April 1, 2010 providing that certain federal legislation be prohibited or Date Transmitted: April 1, 2010 repealed. Date Filed: April 22, 2010 Date Transmitted: April 28, 2010 49th Legislature, Eighth Special Session (2010) Senate Concurrent Memorials SCM 1002 - Declaring this state’s sovereignty under the United States Constitution and urging the Congress of the United States to repeal the Patient Protection and A! ordable Care Act and the Health Care and Education Reconciliation Act of 2010. Date Filed: April 1, 2010 Date Transmitted: April 1, 2010

Assistant Secretary of State Jim Drake honored for library support Former House sta! er named recipient of 2010 “Polly Award”

Assistant secretary of state and former she was a " erce defender legislative sta! er Jim Drake has been of libraries, museums and named recipient of the 2010 Polly archives and an advocate Rosenbaum Award. He garnered the for the preservation of the honor Thursday, Feb. 11, 2010, during state’s rich cultural history. Statehood Day ceremonies at the In 1999, the Arizona State State Capitol. Library, Archives and Public Records created the award in Drake worked for the Arizona House her honor. of Representatives for 15 regular ses- sions, and was the nonpartisan House Drake’s nomination for the Ken Bennett, Secretary of State, and Douglas E. Kupel, presi- Rules Attorney until March of 2009. “Polly Award” was put forth dent of Friends of Arizona Archives listen to Jim Drake as he At that time, he was appointed to his by the Arizona State Capitol receives his award at the State Capitol. current post by Secretary of State Ken Museum Guild and Friends Bennett. of Arizona Archives, and was concurred with by the Arizona State heritage and providing access to Drake received this year’s “Polly Library, Archives and Public Records. information into the function of the Award” for his longtime support of the He was especially lauded for his work Secretary of State’s o# ce.” Arizona State Library, Archives and in recent months to ease the transi- Public Records. tion as the Library and Archives divi- State Librarian GladysAnn Wells, sion was folded into the Secretary of director of the Arizona State Library, “I consider it a great honor to be State’s o# ce. Archives and Public Records, thanked mentioned in the same breath as Rep- Drake for “his interest in our programs resentative Polly Rosenbaum,” Drake “The success of what might have and his devotion to our services.” said. “In walking to work everyday been a di# cult changeover is due in Said Wells, “His constant assistance, through the Capitol Museum I am re- large measure to Jim’s willingness to attention and active participation in minded of her tireless work on behalf learn all he could about the agency,” our work transformed what might of preservation.” said Douglas E. Kupel, president of have been a problematic shift from Friends of Arizona Archives. “He has one branch of government to another Rosenbaum served 46 years in the Ari- done an excellent job of incorporat- into a positive and productive adven- zona House of Representatives, where ing the job of protecting Arizona’s ture.”

State of Arizona - Department of State Ken Bennett, Secretary of State 11 PART 3 ~ BUSINESS SERVICES Annual Report Fiscal Year 2010

Overview Contact Key Sta! Who we are Information Director Business Services processes JOANN COTA registrations for businesses and Write Business Services Joann is respon- commissions Arizona notaries. Secretary of State Ken Bennett sible for division 1700 W. Washington St., operations, stra- 7th Floor Our customers tegic planning, Phoenix, AZ 85007 Business Services helps customers human resourc- Attention: Business Services to register: es, administra- Call Business Services tive rules and legislative proposals - trade names, trademarks, General telephone: (602) 542-6187 for changes to Arizona law. - limited partnerships, Fax number: (602) 542-7386 - limited liability partnerships, Charities/Telemarketing: Assistant - limited liability limited partner- (602) 542-6187 Director ships, Limited Partnerships: BRANT NYHART - charities, (602) 542-6187 Brant is respon- - telephone solicitors, Notary Public: sible for daily - contracted fund-raisers, (602) 542-4758 operations and - athlete agents, Trademark/Trade Names: coordinat- - advance directives, and 602.542.6187 ing legislative - Uniform Commercial Code ( UCC) Uniform Commercial Code: e# orts for the ! nancing statements. (602) 542-6187 division. Advance Directives: Business Services also: (602) 542-6187 Tucson O" ce - Commissions Arizona notaries Manager public, and On the Web YVETTE LOPEZ - Issues apostilles and certi! cates, www.azsos.gov/business_services/ and certi! es notarizations, rules, e-mail: [email protected] Yvette is and law. e-mail: [email protected] responsible for e-mail: [email protected] the day-to-day Business Services supports the e-mail: [email protected] operations of timely retrieval of ! lings at the e-mail: [email protected] the Tucson Sat- request of the public. e-mail: advancedirectives@azsos. ellite O" ce. gov O" ce location News about our The Secretary of State’s business O" ce Location ! lings (walk-in tra" c) are conducted The Secretary of State’s Cus- at two locations: tomer Service Center moved 1700 W. Washington St., Ste. 103 from 14 N. 18th Ave. to the Phoenix, AZ 85007. This location is State Capitol executive tower in the Capitol executive tower in during this ! scal year. The downtown Phoenix. move expanded the lobby Secretary of State Satellite O" ce waiting area for customers and 400 W. Congress, 2nd Floor, Room included more space to ! ll out 252, Tucson, AZ 85701 applications. This o" ce is located in the The new location is located governor’s o" ce on the  rst € oor behind the complex in Tucson. elevators in Suite 103.

12 Ken Bennett, Secretary of State State of Arizona - Department of State Annual Report Fiscal Year 2010 PART 3 ~ BUSINESS SERVICES Services Apostilles What we do and Certi! cates of - Files and maintains a database of active advance directives under A.R.S. § Authentication 36-3291. - Prepares and issues apostilles and certi! cates for documents going to a Apostilles and certi! cates of au- foreign country under A.R.S. Title 41, Ch. 2, Art. 2, 325-326. thentication are attached to docu- - Maintains athlete agents registrations under A.R.S. Title 15, Ch. 13, Art. 10, ments sent to foreign countries. 1761-1776. - Maintains charitable organization ( charities) registrations under A.R.S. The Arizona Secretary of State’s Title 44, Ch. 19, Art. 1, 6551-6561. o" ce is tasked with this duty; - Files city charters under A.R.S. Title 9, Ch. 2, Art. 5, 283. Arizona notaries do not have the - Maintains contracted fundraisers registrations under A.R.S. Title 44, Ch. authority to perform this task. 19, Art. 1, 6554 An apostille (ah-po-steal) certi! es - Maintains dance studios contracts under A.R.S. Title 44, Ch. 11, Art. 10, another document for foreign use 1741-1750 in counties who belong to the - Files health spas [A.R.S. Title 44, Ch. 11, Art. 13, 1791-1796] Hague Convention; a certi! cate of - Commissions notaries public under A.R.S. Title 41, Ch. 2, Art. 2, 311-332 authentication is used for coun- - Accepts complaints against Arizona notaries public under A.R.S. Title 41, tries not belonging to the Hague Ch. 2, Art. 2, 331 Convention (A.R.S. § 41-325). - Files out-of-state landlord agents for service or “ Jurisdiction and service of process” under A.R.S. Title 33, Ch. 10, Art. 1, 1309 The Hague Convention dictates - Files partnerships registrations under A.R.S. Title 29, Ch. 1 through 5 the apostille form which is uniform - Maintains professional employer organizations ! lings under A.R.S. Title among all subscribing countries 23, Ch. 3, Art. 4, 561-576 (A.R.S. § 41-326). According to - Maintains revocations of certi! cate, suspension, re-issuance (reinstate- the U.S. Department of State the ment) of a suspended or revoked certi! cate for the Board of Technical United States has been part of the Registration under A.R.S. § 32-128(I) Title 32, Ch. 1, Art. 1, 101-150 1961 Hague Convention abolish- - Maintains telemarketers or telephone solicitors registration ing the requirement of legalization - Issues trade name registrations (business names) under A.R.S. Title 44, Ch. for foreign public documents since 10, Art. 3.1 1460-1460.05 October 15, 2001. - Registers trademarks (logos) under A.R.S. Title 44, Ch. 10, Art. 3, 1441-1456 - Maintains Uniform Commercial Code ( UCC) registration i.e. ! nancing The convention provides for the statements under A.R.S. Title 47, Ch. 9 simpli! ed certi! cation of public The o" ce no longer registers or ! les: (including notarized) documents Laundry marks under A.R.S. Title 44, chapter 11, Article 2. This law was re- to be used in countries that have pealed under Laws 2010, 2nd Regular Session, Ch. 313 (HB 2037). joined the convention. Intergovernmental agreements ( IGAs) under A.R.S. Title 11, Ch. 7, Art. 3, 951-954. This requirement was repealed under Laws 2009, 3rd Special Ses- For more information on countries sion, Ch. 12 (HB 2011). participating in the 1961 Hague Convention that abolishes the News about Notices of Public Meetings requirement of legalization for for- eign public documents visit www. The o" ce currently maintained notices of where public meetings will hcch.net. be conducted under A.R.S. Title 38, Ch. 3, Art. 3.1, 431.02(A) (1) during FY2010. E# ective the next ! scal year the o" ce will no longer maintain notices of where public meetings will be conducted under HB 2209, 49th Legisla- ture, Second Regular Session, Ch. 88, which created new requirements for agencies. State Agencies, Boards and Commissions Public meeting notices will be posted on an agency’s website in FY 2011. To ! nd an agency, use the state directory, located online at www. az.gov. Public meeting notices may also be posted on the Department of Administration’s website.

State of Arizona - Department of State Ken Bennett, Secretary of State 13 PART 3 ~ BUSINESS SERVICES Annual Report Fiscal Year 2010 Fiscal Year 2010 Statistics Customer Filings The Business Services division has kept record and/or registered, ! led or prepared: News about Partnerships News about Athlete Agent Registrations Pursuant to Laws 2010, Chapter 313, e! ective July 29, 2010, An individual who has submitted an application for and holds Limited liability partnerships will no longer be required to a certi" cate of registration or licensure as an athlete agent " le an a# davit evidencing publication of their statement in another state may submit a copy of the application and of quali" cation with the secretary of state. Limited liability certi" cate in lieu of submitting Arizona’s application. The partnerships will still be required to publish their statement of secretary of state will accept the application and the certi" cate quali" cation in a newspaper of general circulation for three from the other state as an application for registration in this consecutive publications. Additionally, beginning July 29, state if the application to the other state meets all of the 2010, limited liability partnerships that are delinquent in " ling following requirements: it was submitted in the other state an annual report will be assessed a $25 late " ling penalty due within the six months immediately preceding the submission of upon " ling the late report. the application in this state and the applicant certi" es that the information contained in the application is current and correct; Partnerships FY09 FY10 it contains information that is substantially similar to or more General partnerships 423 37 comprehensive than that required in an application submitted Limited partnerships 484 1,485 in this state; it was signed by the applicant under penalty of perjury. Limited liability partnerships 101 1,217 Limited liability limited Athlete Agent Registrations FY09 FY10 122 1,462 partnerships Number of total registrations 35 58 Foreign limited partnerships 101 588 Total administered 79 118 Foreign limited liability 19 108 partnerships News about Out of State Landlord Foreign limited liability limited 1 15 Agents for Service partnerships Agents should refer to A.R.S. Title 33, Chapter 10 and Chapter 17 for other property owner " lings and/or requirements under Limited Partnerships FY09 FY10 the Arizona Residential Landlord and Tenant Act. General partnerships 28 468 Out of State Landlord FY09 FY10 Limited partnerships 19,626 24,069 Agents for Service Foreign limited partnerships 5,475 7,555 Number of ! lings 22 14 Limited liability partnerships 2,656 3,342 News about Advance Directives Foreign limited liability 176 254 The Arizona Advance Directive Registry is a free database for partnerships the storage of advance directives. The program has been in Limited liability limited 1,882 2,473 place since March 1, 2005. partnerships Advance Directives FY09 FY10 Foreign limited liability limited 38 44 FY2010 registrations 3,269 3,148 partnerships Information packets distributed n/a 500 News about Intergovernmental Agreements E-mail responses n/a 232 Presentations n/a 10 Intergovernmental agreements and contracts ( IGAs) will no longer be " led at the Secretary of State’s o# ce, Business Total directives administered 15,769 19,907 Services division as of Nov. 24, 2009 (A.R.S. § 11-952). See 49th Legislature - 3rd Special Session, Ch. 12 (HB 2011) for more News about Charities information. The secretary of state does not determine any charity or IGAs FY09 FY10 solicitor to be “legitimate” or otherwise. At the end of FY2010 Administers 3,517 and into FY 2011 the secretary of state will no longer mail charity renewal reminders prior to the September renewal New intergovernmental 714 period. agreements Charities FY10 Intergovernmental agreements 712 amendments Charities 1955

14 Ken Bennett, Secretary of State State of Arizona - Department of State Annual Report Fiscal Year 2010 PART 3 ~ BUSINESS SERVICES Fiscal Year 2010 Statistics Customer Filings ~ Continued News about Contracted Fundraisers News about the Uniform A contracted fundraiser must complete and ! le a contracted Commercial Code ( UCC) fundraiser registration form with the Secretary of State’s o" ce In accord with A.R.S. § 47-9523(G), e# ective April 23, 2010, before conducting a fundraising campaign for a charitable the secretary of state will no longer mail an acknowledgment organization. of any recorded UCC documents to the ! ler unless the ! ler Contracted fundraisers FY09 FY10 provides the secretary of state with an appropriate sized, addressed and stamped envelope. Contracted fundraisers 49 49 UCC FY09 FY10 News about Telephone Solicitors Uniform Commercial 317,226 345,558 In FY2010 the telephone solicitor bond form was updated to Code (administers) make sure a seller properly submits a bond to comply with the Uniform Commercial 61,599 54,457 provisions of A.R.S. § 44-1274. Code transactions Telephone Solicitors FY09 FY10 Telephone solicitors 56 68 News about Notaries Administers n/a 111 The Arizona Notary Public Reference Manual was updated in FY2010 with a release scheduled for July 2010. The handbook News about Trade Names will include changes to Arizona law to include new identi! cation requirements and information about notarial certi! cates. In FY2010 the trade name application was revised to simplify the registration process for customers when they applied for a Notary Filings FY09 FY10 business name. Notary Commissions (administers) 104,939 Trade Names FY09 FY10 Actions related to notaries & notarizations Trade names (administers) 174,160 215,218 (Issued and a" xed the Great Seal of Arizona) Certi! cates of apostilles The division ! led the following trade name records 2,463 30,878 authentication for notaries public Applications 27,589 29,438 Certi! cates of notary public Renewals 8,165 7,417 18,248 17,825 appointments Amendments 896 951 Certi! cates of authentication 5,999 5,344 Assignments 1,501 1,473 Notary Complaints Cancellations 811 640 Complaints ! led 344 192 Corrections 1,439 1,489 Complaints resolved 217 318 Reminders mailed n/a 29,678 Number of administrative Certi! cates mailed n/a 70,798 13 2 hearings SOS was a party to Number of settlement News about Trademarks 69 92 conferences SOS was a party to In FY2010 the trade name and trademark handbook was being revised by sta# for a fall FY 2011 release. News about Notary Workshops Trademarks FY09 FY10 In FY2010 the o" ce no longer conducted statewide notary Trademarks (administers) 14,557 15,202 workshops. Workshops were held only in the Phoenix and Tucson The division ! led the following trademark records o" ces due to budget constraints. Applications 959 818 Notary Training FY09 FY10 Renewals 349 290 Notary workshops 52 46 Amendments 61 29 Attendance 2,548 1,183 Assignments 72 37 Cancellations 19 18 Corrections 118 90 Reminders mailed n/a 1,224 Certi! cates mailed n/a 2,566

State of Arizona - Department of State Ken Bennett, Secretary of State 15 PART 4 ~ ELECTION SERVICES Annual Report Fiscal Year 2010

Overview Contact Key Sta! Who we are Information Director The most visible of all o! ce divi- AMY BJELLAND sions, Election Services transmits Write Election Services Amy is responsible and certi" es the results of state- Secretary of State Ken Bennett for division opera- wide elections. Other duties in- 1700 W. Washington St., tions; human re- cludes the registration of lobbyists, 7th Floor sources; planning " ling of campaign " nance reports, Phoenix, AZ 85007 and operations. testing voting equipment in the Attention: Election Services state, and producing and publish- ing election publicity pamphlets known as the Ballot Proposition & Call Election Services Judicial Performance Review Guide . General Telephone Number: (602) 542-8683 Assistant Director Fax number: (602) 542-6172 KRIS WAITE Our customers Voter Outreach/Fraud Hotline Election Services sta# supports nu- 1-877-THE VOTE Kris is respon- merous election related tasks and: sible for daily On the Web division opera- - Provides information on how to www.azsos.gov/election/ tions. register to vote e-mail: [email protected] - Helps Arizonans " nd a polling location - Provides contact information and O! ce location addresses for county recorders or The Election Services division (walk- in tra! c) accepts " lings on the O! ce Manager county elections directors MARY FONTES - Provides information on how to seventh $ oor of the executive tower at the State Capitol in Phoenix. run for public o! ce Mary is tasked - Provides information on how to with procure- get an initiative or referenda on ment, supplies the ballot, including signature and manage- requirements ment of sta# . - Files an initiative or referenda for the ballot - Files arguments submitted for or against propositions Statewide voter registration falls slightly Election Services supports the timely retrieval of " lings at the As of March 1, 2010, the state of Arizona had 3,110,725 active, request of the public. registered voters, according to  gures released by Secretary of State Ken Bennett. That’s 5,364 fewer registered voters than the state had Jan. 1, 2010, following the end of the fourth quarter. Five of the state’s 15 counties saw declines in registered voters. The largest reductions came in Pima County , with 6,464 fewer voters than the Jan. 1 report, and Maricopa County , with 3,154 fewer. The biggest registration increase was in Pinal County , which added 1,930 voters to its rolls.

16 Ken Bennett, Secretary of State State of Arizona - Department of State Annual Report Fiscal Year 2010 PART 4 ~ ELECTION SERVICES Services What we do Special Election Services provided to candidates and public o cers May 18, 2010 The division administers campaign ! nance laws and maintains and administers Statistics candidate ! lings. The 49th Legislature - 6th Special - File candidates’ nomination petition papers to run for o" ce under A.R.S. § 16-311 Session, called for a special elec- - File judge or justice ! lings for retention under Ariz. Const. Art. VI § 38 and judge or tion to temporarily increase the justice certi! cates of retention state sales tax by one cent per one - File statements of organization under A.R.S. § 16-902.01 dollar for three years in Senate - File campaign ! nance reports under A.R.S. § 16-913 Concurrent Resolution 1001. - File candidates’ ! nancial disclosure statements under A.R.S. § 16-311 - File primary election certi! cates of nomination under A.R.S. § 16-645 Important Dates Relating to the - File general election candidate certi! cates of election under A.R.S. § 16-650 Special Election - File public o" cers and judges’ annual ! nancial disclosure statements under A.R.S. The voter registration deadline § 38-542 was April 19; early voting was be- Clean Elections Candidates tween April 22 - May 7, the period - File to participate as a clean elections candidate under A.R.S. § 16-947(A) where early ballots were mailed to - File a list by county of qualifying contribution slips under A.R.S. § 16-950 registered voters who requested Services provided to the people of Arizona an early ballot. Election Day was - File initiative petitions under Ariz. Const. Art. IV Part 1, Section 1 May 18 . Polling places were open - Verify initiative petitions signatures under A.R.S. § 19-121.01 from 6 a.m. to 7 p.m. - Maintain and administer ballot ! lings and produce ballot language Publicity Pamphlet - Prepare the state’s publicity pamphlet, a guide to ballot propositions and distrib- A 2010 Ballot Proposition Guide & ute it to households with registered voters under A.R.S. § 19-123(A)(B) Sample Ballot was produced in- - Maintain and publish in the state’s publicity pamphlet arguments submitted for or house by the o" ce with support against propositions under A.R.S. § 19-124 from the Public Services division. - Education of ballot propositions through Town Halls under A.R.S. §19-123(D) - Certify and transmit statewide elections results Pamphlets Printed - 2,068,786 Services provided to Arizona counties Pamphlet distributed to house- - Provide a random sample of non-duplicative names from clean election candi- holds with registered voters dates qualifying contribution slips under A.R.S. § 16-950(c) - 2,002,286 - Train and certify county recorders and election o" cials Propositions on ballot - 1 - Review and certify county election equipment Proposition 100 - SCR 1001 Pro- - Perform logic and accuracy tests on county election equipment for primary, gen- posed amendment to the Arizona eral and statewide special elections Constitution by the legislature Services provided to Principal/Public Bodies/ Lobbyist relating to temporary transaction Principal privilege and use taxes 1. File registrations under A.R.S. § 41-1232 Arguments submitted for/against 2. Maintain amendments to registrations under A.R.S. § 41-1232 proposition - 119 3. Track terminations to principal registrations ! led under A.R.S. § 41-1232 For the 2010 Special Election, only 4. File and maintain annual reports under A.R.S. § 41-1232.02 one measure appeared on the 5. Notify Attorney General’s o" ce of delinquent annual reports under A.R.S. § 41- ballot. The Arizona Legislature did 1237.01 not require that town hall meet- Public Body ings be conducted for the sole 1. File registrations under A.R.S. § 41-1232.01 measure in SCR 1001. 2. Maintain amendments to registrations under A.R.S. § 41-1232.01 3. Track terminations to public body registrations ! led under A.R.S. § 41-1232.01 Election Results 4. File and maintain annual reports under A.R.S. § 41-1232.03 The o" cial state canvass was 5. Notify Attorney General’s o" ce of delinquent annual reports under A.R.S. § 41- conducted 11 a.m., on Friday, May 1237.01 31, 2010. The canvass was signed Lobbyist by Secretary of State Ken Bennett, 1. File registrations under A.R.S. § 41-1232.05 Gov. and Arizona Su- 2. File quarterly expenditure reports for: principal lobbyist under A.R.S. § 41- preme Court Chief Justice Rebecca 1232.02(B); public body lobbyist under A.R.S. § 41-1232.03(B) White Berch. 3. Notify Attorney General’s o" ce of delinquent annual reports under A.R.S. § 41- Results 1237.01 Yes: 750,850 No: 416,571

State of Arizona - Department of State Ken Bennett, Secretary of State 17 PART 4 ~ ELECTION SERVICES Annual Report Fiscal Year 2010 Fiscal Year 2010 Statistics News about Voter Registration News about Initiatives & Referendums In FY2010, the o! ce provided 14,294 voter registration forms. The Initiative, Referendum, & Recall Handbook was updated in The voter registration forms were dispersed as follows: FY2010. Included were " ling and deadline dates for the 2010 election cycle. Registration forms FY09 FY10 Forms allocated to voter Type of " ling FY09 FY10 registration outreach for 34,800 4,125 Initiative petitions " led by 9 1 newly eligible voters the people Forms mailed to citizens Signatures " led for registering to vote with veri" cation for initiative 2,404 3,037 2,890,445 247,030 MVD and lacking digitized petitions " led by the signatures to register people Forms provided to the Arizona Motor Vehicle 1,500 0 News about Logic and Accuracy Tests Division (MVD) This Fiscal Year would normally not have L & A testing on Forms used at voter 1,629 332 election equipment since statewide elections were not slated. registration drives The May 18, 2010, special election warranted testing of election Forms given over the equipment under Arizona law. Two di# erent tests are conducted 6,909 4,600 counter to citizens on election equipment by the Secretary of State’s o! ce in the State of Arizona. The " rst round of testing is on accessible voting EZ Voter (through Service Arizona) FY10 machines and the second is on optical scan machines. These Statewide total 499,472 tests were conducted on equipment used for the special election. Registration drives FY09 FY10 Special Election Test Dates Registration & voter April 22, 2010 - 36 19 Accessible voting machines education drives April 28, 2010 May 10, 2010 - Optical scan machines Registered voters FY09 FY10 May 17, 2010 Statewide total 3,103,747 3,093,647 Test Results Amount Counties participating in tests 15 (100 percent) News about Candidate & Public O! cer " lings Pre-determined test ballots cast 7,088 Pre-determined test votes cast 7,088 The handbook Instructions for Financial Disclosure Statements was updated in FY2010 and released in September 2009. When Precincts 392 to " le and what to " le was included in the booklet as well as a Percentage of ballot or result errors 0 percent sample statement. Type of " ling FY09 FY10 News about Principal/Public Bodies/Lobbyist Candidates’ nomination petition 0 341 Arizona lobbyist regulation involves disclosure, and begins with papers to run for o! ce the registration of either a principal or public body with the Judge/justice " lings for retention 6 0 O! ce of the Secretary of State. Financial disclosure statements Principal ~Type of " ling FY09 FY10 0 277 " led by candidates for o! ce Initial registrations " led 132 138 Primary election certi" cates of Registration reminder notices mailed 825 0 188 0 nomination Amendments to registration " led 287 241 General election candidate Terminations to principal registration 101 0 140 74 certi" cates of election " led Annual " nancial disclosure Annual reports " led 1,178 850 statements " led by public o! cers 422 449 Annual report reminder notices/ 1,228 1,144 and judges failure to " le letters mailed Delinquent annual reports turned 0 0 over to the Attorney General’s o! ce

18 Ken Bennett, Secretary of State State of Arizona - Department of State Annual Report Fiscal Year 2010 PART 4 ~ ELECTION SERVICES Fiscal Year 2010 Statistics Principal/Public Bodies/ Lobbyist Campaign Finance Continued from page 18. Continued from left column. Public Bodies ~Type of ! ling FY09 FY10 Campaign Finance Reports FY09 FY10 Initial registrations ! led 16 8 Total campaign ! nance reports ! led 5,765 4,040 Registration reminder notices mailed 261 0 Candidate campaign ! nance reports 2,481 626 Amendments to registration ! led 108 69 Non-candidate political committee Terminations to public body 3,284 2,150 12 8 ! nance reports registration ! led Amendments 1,765 925 Annual reports ! led 269 205 Clean Elections ~Type of ! ling FY09 FY10 Annual report reminder notices/ 284 267 Applications for certi! cation as a failure to ! le letters mailed 20 176 participating candidate Delinquent annual reports turned 0 0 over to the Attorney General’s o" ce Qualifying contribution slips 26,878 56,582 Candidates quali! ed as clean 68 85 Lobbyist ~Type of ! ling FY09 FY10 election “participating” candidates Lobbyist registrations ! led 95 3,454 Registration reminder notices mailed 0 331 Registration failure to ! le letters 0 67 mailed Quarterly expenditure reports ! led 3,212 3,168 Quarterly expenditure report 3,400 3,164 reminder notices mailed Quarterly expenditure report failure 288 265 VoterView is released to ! le letters mailed A new tool was made widely available for voters in FY2010 by the Secretary of State’s o" ce. The online program called Delinquent quarterly reports turned 288 0 “ VoterView” gives voters the ability to check the status of over to the Attorney General’s o" ce their voter registration, ! nd their polling location, and check the status of their provisional ballot easily from their home News about Campaign Finance computer. It became available in time for the May 2010 Special Election. In January 2010, the United States Supreme Court ruling in Citizens United vs. Federal Election Commission allowed Voters may access the program through the Secretary of corporations, LLCs and Labor Organizations to directly fund state’s website, www.azsos.gov, by clicking on the “ Voter- candidate independent expenditures and use general treasury View” button or by visiting voter.azsos.gov directly. A voter funds to pay for these expenditures in support or opposition to may enter their name, date of birth, and driver’s license or candidates. voter registration number to look up their voting informa- The Arizona Legislature, through HB2788, provided the legislation tion. to enact and amend the existing campaign ! nance laws of Arizona to allow these types of expenditures to be reported to the This was an extremely useful service for voters during the citizens of Arizona. Corporations, LLC’s, and Labor Organizations 2010 Special Election. Since polling locations were consoli- are required to ! le a disclosure report for any contribution made dated for this election, voters were easily able to look up the over $5,000 to any statewide candidate as well as contributions address of their polling place using VoterView to see if their made over $2,500 to legislative candidates. In addition, any polling location had changed. contribution made over $1,000 to local candidates must be reported. VoterView was utilized heavily by the public for the 2010 To ! le these disclosure statements, the Secretary of State’s Special Election. web-based ! ling system has made accommodations for these It received over 1 million hits in FY2010. organizations to submit their reports. This bill was unanimously passed through the legislature and has brought Arizona into VoterView is the latest addition to a strong presence of compliance with existing federal campaign ! nance law. online voter resources provided by the Secretary of State’s FY09 FY10 o" ce, including EZ Voter, the nation’s ! rst online voter Statements of Organization registration program. Candidates committees 80 283 Non-candidate committees 87 99 In 2011, a voter will be able to check the status of his or her early ballot through a new transaction on VoterView. Amendments 202 327

State of Arizona - Department of State Ken Bennett, Secretary of State 19 PART 4 ~ ELECTION SERVICES Annual Report Fiscal Year 2010 Election O cers are certi! ed by Secretary of State Ken Bennett The Secretary of State’s o" ce conducted an Election O" - In order to cer Education, Training, and Certi! cation course in FY2010. remain certi! ed as an election of- The Secretary of State’s o" ce issued 337 diplomas to fully ! cial in the state certi! ed election o" cials and 23 certi! cates of attendance. of Arizona, com- This training course provided much insight for election plete attendance o" cials throughout the state. at one of the seven recerti! ca- The initial training courses took place during the weeks of tion classes was June 22-26 of 2009 and July 27-31 of 2009. This consisted mandatory. of a week long, 36 hour initial certi! cation class that was Maricopa County Recorder’s Offi ce and Elections administered to introduce new election o" cials to the In total, 368 partici- Department personnel received their election crucial elements of conducting an election. pants registered to at- offi cer certifi cation certifi cates on Jan. 5, 2010. tend the program. The Secretary of State Ken Bennett (right) presents Chad Christensen his certifi cate as co-workers In addition, a two-day, 12 hour recerti! cation program was average test score from celebrate their achievement. - Photo courtesy administered to update current election o" cials with the initial certi! cation was Maricopa County latest election laws and procedures. The course was also 91.34 percent. designed to reinforce key election administration funda- mentals. In total, seven recerti! cation courses were held in Arizona’s most prominent election o" cials received uni- four counties between Oct. 8, 2009 and Nov. 20, 2009. form and appropriate training as a result of this program.

Secretary’s o ce saves taxpayer monies during special election In FY2010, a special election was $5,113,803 by consolidating polling locations called by the governor and the as practiced in Presidential Preference Elec- Arizona State Legislature. Proposi- tions. The Secretary of State’s o" ce saved an tion 100, a proposed one cent sales additional projected $717,419.18 through a tax increase, was the sole statewide further consolidation e# ort while publishing measure referred to voters. It the ballot measure publicity pamphlet. marked the ! rst statewide special election held since 1980. By printing voter’s speci! c polling locations on their publicity pamphlets, the need for supple- As this measure was referred with mental sample ballots was eliminated making the state’s budget in mind, the Secretary of State’s o" ce this additional cost savings a reality. took several cost reducing measures to conduct this elec- tion in the most e" cient manner possible. Proposition 100 passed in all but one county (Mohave) with 64.3 percent of the vote. The o" cial canvass was held Compared to the projected cost estimates for conducting in the O" ce of the Secretary of State on May 28, 2010, the election as a regular general or primary election, the in the presence of the governor and chief justice of the actual cost to conduct this special election was reduced Arizona Supreme Court.

Outreach program assists voters with registrations, updates During Fiscal Year 2010 the secretary of state’s voter machine. In total, more than 500 participants mock voted outreach program registered over three hundred citizens using the accessible voting machine in FY2010. Further- through the 19 voter registration drives it participated in. more, the Arizona Secretary of State’s o" ce partnered with Furthermore, the secretary of state’s voter outreach pro- The Pearson Foundation, Declare Yourself, and the National gram continues to assist voters with updating their voter Student/Parent Mock Election to bring a rare original copy registration as well as answering voters’ election related of the Declaration of Independence to the State Capitol questions. Museum in February of 2010. Thousands of Arizonans and visitors had the opportunity to view this historic document A variety of unique voter outreach events were coordi- at the State Capitol Museum. nated by the Secretary of State’s o" ce in FY2010. An accessible voting machine was displayed at several voter Moreover, the Secretary of State’s o" ce continues to coor- registration locations, including the Arizona State Braille dinate the 18-year-old birthday program, in which birthday & Talking Library where more than a hundred attendants cards are mailed to Arizona citizens on their 18th birthday participated in a mock-vote using the accessible voting when they become eligible to register to vote. It encour- Continued next page 20 Ken Bennett, Secretary of State State of Arizona - Department of State Annual Report Fiscal Year 2010 PART 4 ~ ELECTION SERVICES

Voter Outreach ~ Continued from previous page ages these citizens to register to vote and participate in U.S. Post O! ce to mail these new postcards at a non- Arizona’s elections. In FY2010, the Secretary of State’s pro# t rate of not more than 16 cents per postcard. During o! ce reduced the cost of printing and mailing these cards FY2010, the Secretary of State’s o! ce mailed 52,622 by 44 cents per birthday card. Birthday cards are now sent happy 18-year-old birthday postcards, including 158 to without a supplemental voter registration form, which has 18-year-old Arizona residents who temporarily reside in reduced the cost of mailing. Instead, the postcards now other states or overseas. The Secretary of State’s o! ce will include complete Arizona voter registration instructions continue to # nd innovative ways to encourage Arizona as well as information about registering to vote online. citizens to participate in the state’s election process. Additionally, the secretary of state has worked with the HAVA grant funds are distributed to Arizona counties, bene ts voters On June 11, 2009, the Secretary of State’s o! ce announced have included a portable building for use as a polling place it would be making $5,000,000 of HAVA funding available and registration site, a voting equipment & supply tracking to the counties through block grants. system, additional bar code scanners, replacement of voter registration counters with accessible counters for voters The block grant funds with disabilities, early ballot/voter registration drop boxes advanced to the counties and electronic poll books. may be used for purchasing additional voting machines, In addition, the secretary of state distributed $2,500,000 voter registration enhance- of HAVA funds to counties who had optical scan voting in ments, voter education, poll worker recruitment, training place prior to HAVA. and other election related projects. All expenditures must be approved by the secretary of state prior to a county pur- The secretary of state requires the counties to refresh vot- chasing an item or service. This is because the funds must ing equipment every ten years. The funding will aid the be used for HAVA related items over and above a county’s counties using older equipment in updating or replacing maintenance of e" ort. voting equipment. Some of the projects presented to the secretary of state MOVE Act requirements implemented; Voter materials easily obtainable for overseas voters New federal legislation was passed in FY2010 that made able to obtain their voting materials 45 days before an elec- additional accommodations for Uniformed and Overseas tion, and verify that their ballot has been received. voters. While Arizona already met many of the new re- quirements, some additional provisions were instituted. With the passage of HB2427, these new provisions have successfully been implemented as part of Arizona State Uniformed and Overseas voters are now able to request the law. The bill was passed unanimously through the Arizona manner in which they obtain their voting materials. These State House and Senate. The Secretary of State’s o! ce only voters may request a ballot or registration form be sent by needed to make one adjustment to it’s website to accom- fax, e-mail, or US mail. Additionally, these voters are now modate these changes. Campaign  nance workshops helps political committees be in compliance In preparation for o" ered people-friendly services to assist committees with the 2010 statewide their required reporting obligations. election cycle, the Secretary of State’s The course covered several campaign # nance issues includ- o! ce created an ing, but not limited to: instructional training for using the extensive cam- web-based # ling system, explanations of various campaign paign # nance train- # nance terms and types of committees, reporting require- ing and outreach ments, contribution limitations, and # ling deadlines. program for all political committees registered with the o! ce. The secretary of state’s web-based campaign # nance re- porting system continues to o" er real-time reporting of all The 2009-2010 election cycle outreach e" orts included political committee’s contributions and expenses and posts conducting 19 hands-on campaign # nance workshops immediately to the secretary of state’s website, www.azsos. throughout the entire state, from Kingman to Tucson, and gov.

State of Arizona - Department of State Ken Bennett, Secretary of State 21 PART 5 ~ PUBLIC SERVICES Annual Report Fiscal Year 2010

Overview Contact Key Sta! Who we are Information Director The Public Services division: SCOTT CANCELOSI - Publishes the rules of state’s Write Public Services Scott is respon- agencies, boards and commissions Secretary of State Ken Bennett sible for division - Chapters and prints legislative 1700 W. Washington St., operations and bills 7th Floor human resources; - Publishes documents and statu- Phoenix, AZ 85007 and the planning torily mandated publications Attention: Public Services and the imple- - Processes the mail for all secre- mentation of division improve- tary of state divisions ments, and records retention - Helps to prepare and publishes Call Public Services Administrative Rules management. documents for all secretary of state Telephone: (602) 542-4751 He is also responsible for secre- o! ce divisions Fax number: (602) 542-4366 tary of state special projects, and - Supports all divisions with special Publications supports other divisions with its projects, forms and publications Telephone: (602) 542-4086 publication design needs, graphic - Supports the chief information Fax number: (602) 542-7386 design, photography and video o! cer with the maintenance of production. the website, including the post- He provides website support and ing of publications, chaptered On the Web posts the o! ce publications to the bills, press releases, graphics and www.azsos.gov/public_services/ Web. photos. e-mail: [email protected] Our customers The Public Services sta$ sup- O! ce location ports state agencies, and o! ces The Public Services division (walk- in the executive and legislative in tra! c) accepts " lings on the branches by maintaining their seventh # oor of the executive tower " lings and publishing records. at the State Capitol in Phoenix.

Public Services supports the timely retrieval of " lings at the request of the public.

Subscription services are o! ered

Subscription services are available for: Chaptered bills  led and printed under A.R.S. § 41-121(7) Administrative Code (state agency rules) Administrative Register (state agency rules in the rulemaking process) Other legislative  lings are maintained and are available including copies of veto letters

22 Ken Bennett, Secretary of State State of Arizona - Department of State Annual Report Fiscal Year 2010 PART 5 ~ PUBLIC SERVICES

Services • G.R.R.C. agendas • Train state agency rulewriters • Proposed rules [A.R.S. § 41-1013(B) about the Administrative Proce- What we do (8)]. dures Act and provide courtesy Services Provided to the Public • Proposed summary rules [A.R.S. § reviews to rulemaking packages • Annual Report , posts online and prints 41-1027] • Publish agency ombudsmen ! l- [A.R.S. § 41-4153]. • Public information notices that con- ings ie. agency liaisons as required • Arizona Administrative Register , pub- tain agency corrections to notices of under A.R.S. § 41-1006 lishes on paper/electronically to website rulemaking; miscellaneous rulemak- • File and publish proposed del- [A.R.S. §§ 41-1011 and 41-1013]. ing information that does not ! t into egation agreements, under A.R.S. • Arizona Administrative Code , publishes any other category of notice; and § 41-1081(B) on paper/electronically to website [A.R.S. other types of information required • File and publish substantive §§ 41-1011 and 41-1012]. by statute to be published in the policy statements under A.R.S. § • Arizona Rulemaking Manual publishes Register . 41-1013(B)(14) on paper/electronically to the website. • Recodi! cation of rules. When the • Arizona Blue Book , publishes [A.R.S. § Secretary of State’s o" ce ! nds it Services Provided to the 41-131]. necessary to recodify a chapter in State Legislature and • Residential Landlord and Tenant Act , order to maintain the integrity of the Legislative Council publishes/posts online [A.R.S. § 33-1322]. codi! cation system or whenever an • File and print memorials and • Mobile Home Parks Landlord and Ten- agency requests, in writing, that the resolutions as passed by the Leg- ant Act “Make available to the public, o" ce recodify an entire chapter or islature without charge, Title 33, Chapter 11 on portion of a chapter, the o" ce will • Transmit memorials and resolu- the secretary of state’s website” [A.R.S. § publish a Notice of Recodi! cation in tions under A.R.S. § 41-121(1) 41-121(12)]. the Register and make the change in • Chapter legislative bills for The division maintains paper and elec- the Arizona Administrative Code . publication by Thomson/West and tronic copies of state agency, board, • Supplemental proposed rules other law publishers and commission ! lings to include: [A.R.S. § 41-1013(B)(11)]. • Docket openings [A.R.S. § 41-1013(B) • Terminated rules. Services Provided to (7)]. • Incorporated by reference mate- Arizona Counties • Emergency rules [A.R.S. § 41-1013(B) rial - maintains an incorporated by File and print in the Arizona (10)]. reference library of items ! led with Administrative Register county rule • Exempt rules [A.R.S. § 41-1013(B) rules through 2003. notices under A.R.S. § 49-112. (13)]. The Administrative Procedure Act requires the Register publication of the Services Provided to State Services Provided to the rules adopted by the state’s agencies Agencies, Board and Commissions Governor’s O" ce under an exemption from all or part of • File and publish in the Arizona • Publish in the Administrative Reg- the Administrative Procedure Act. Some Administrative Register all rulemaking ister governor executive orders of of these rules are exempted by A.R.S. §§ activity general applicability under A.R.S. § 41-1005 or 41-1057; rules may exempt by • Publish the Arizona Administrative 41-1013(B)(2) other statutes or court decisions. Code , the o" cial compilation of state • Publish in the Semi Annual Index • Expired rules, Notice of [A.R.S. § 41- rules governor appointments of public 1056(E)]. • File and print ! nal delegation o" cials and members of the • Final rules [A.R.S. § 41-1013(B)(9)]. The agreements under A.R.S. § 41-1081 state’s boards and commissions Administrative Procedure Act requires et seq. and A.R.S. § 41-1001(6). Final A.R.S. § 41-1013(B)(5) the publication of the ! nal rules of the delegation agreements are agree- • Publish in the Administrative state’s agencies. Final rules are those ments between an agency and a Register the governor’s statement that have appeared in the Register ! rst as political subdivision authorizing the of reasons for granting a com- proposed rules and have been through political subdivision to exercise func- mutation, pardon, reprieve, stay the formal rulemaking process including tions, powers or duties conferred on or suspension of execution under approval by the Governor’s Regulatory the delegating agency by a provision A.R.S. § 41-1013(B)(3) Review Council or the attorney general. of law • Publish in the Administrative Reg- • Notices of ! nal summary rulemaking • Publish notices of oral proceedings, ister governor proclamations of [A.R.S. § 41-1027] public workshops or other meetings general applicability under A.R.S. § • Formal rulemaking advisory committee on an open rulemaking docket under A.R.S. § 41-1013(B)(3) [A.R.S. § 41-1021(C) and (D)] A.R.S. § 41-1013(B)(15) • Governor’s Regulatory Review Council • File and print agency guidance ( G.R.R.C.) summaries of action taken documents under A.R.S. § 41-1013(B) [A.R.S. § 41-1013(B)(12)]. (14)

State of Arizona - Department of State Ken Bennett, Secretary of State 23 PART 5 ~ PUBLIC SERVICES Annual Report Fiscal Year 2010 Fiscal Year 2010 Statistics Renewable Energy Summit and Public News about County Notices 2010-02 Agency Coordination In Fiscal Year 2010, the division continued to ! le and print county notices as required under state statute. When authorized by Continuing the Governor’s Interagency law, a county may adopt a rule, ordinance or other regulation and Community Council on Homelessness that is more stringent than or in addition to a provision of this 2010-03 as the Governor’s Arizona Commission on title or rule adopted by the director or any board or commission Homelessness and Housing (Amending and authorized to adopt rules pursuant to this title (Arizona Revised Superseding Executive Order 2004-13) Statutes, Title 49, The Environment). Establishing the Commission on 2010-04 Counties ! ling FY09 FY10 Privatization and E" ciency Maricopa 10 13 The Governor’s Commission on Service & Volunteerism (Amends Executive Order 2010-05 Pima 0 0 2007-20; Superseded Executive Order 2004- Pinal 9 0 14) 2010-06 Governor’s Policy on Climate Change Establishing the Governor’s ArizonaSERVES News about E-Bill Subscribers 2010-07 Task Force This is the third year for e-bill subscriptions where anyone could Continuance of the Arizona Juvenile Justice sign up to receive an e-mail noti! cation of bills ! led and posted 2010-08 Commission (Amends Executive Order 2007- online during a legislative session. This service is free. 26) Establishing Law Enforcement Training for Subscribers FY09 FY10 2010-09 Immigration Laws Total 50 76 Establishing the Commission on 2010-10 Privatization and E" ciency (Amending and News about Executive Orders Superseding Executive Order 2010-04) Border Security & Immigration Legal 2010-11 The division is required to publish executive orders in the Arizona Defense Fund Administrative Register. Publication ensures that the public is Establishing the Arizona Commerce made aware of the order and that the order is archived for future 2010-12 Authority reference. Executive orders can be found online at the governor’s Continue Moratorium on Regulatory Rule website or at the Law and Research Library http://www.lib.az.us/ 2010-13 is/state/eo/index.cfm Making Executive Orders FY09 FY10 News about the Gov. Janice K. Brewer 13 19 Governor’s Regulatory Review Council List and Titles of Executive Orders In Fiscal Year 2010, the Governor’s Regulatory Review Council Establishing the “Governor’s P-20 (G.R.R.C.) worked closely with the division to ensure that 2009-07 Coordinating Council of Arizona” compliance to the governor’s moratorium on regulatory rulemaking was met before an agency began the rulemaking 2009-08 Developmental Disabilities Planning Council process. The division received written communications from the Prohibition of Discrimination in State governor’s o" ce before an agency could move forward on a Contracts Nondiscrimination in Employment rulemaking. by Government Contractors and 2009-09 Subcontractors Superseding Executive Type of ! ling FY09 FY10 Order 99-4 and Amending Executive Order Five-year review report dates 0 0 75-5 G.R.R.C. deadlines 1 1 Establishing “Governor’s P-20 Coordinating G.R.R.C. agenda and summary 15 13 2009-10 Council of Arizona” (Amending and on council action Superseding Executive Order 2009-07) Declaring Christmas and Hanukkah 2009-11 News about Agency Guidance Documents Celebration Guidance documents are written expressions that inform Designating the Arizona Department of the general public of an agency’s current approach to rule or Commerce to Administer New Taxable, Tax regulation practice. A total of 18 were ! led in Fiscal Year 2009. 2009-12 Credit and Tax Exempt Bond Allocations Under the Arizona Recovery and Agency FY10 Reinvestment Act of 2009 Department of Health Services 4 2010-01 Governor’s Solar Energy Advisory Task Force Continued next page

24 Ken Bennett, Secretary of State State of Arizona - Department of State Annual Report Fiscal Year 2010 PART 5 ~ PUBLIC SERVICES Fiscal Year 2010 Statistics Guidance documents ~ Continued from previous page News about Proposed Delegation Agreements Document Name File No. A delegation agreement is an agreement between an agency GD-045-PHS-EMS: Drug Pro! le for and a political subdivision that authorizes the political M10-53 Magnesium Sulfate subdivision to exercise functions, powers, or duties conferred on GD-030-PHS-EMS: Drug Pro! le for Atropine the delegating agency by a provision of law. The Administrative M10-54 Procedure Act requires the publication of notices of proposed Sulfate delegation agreements in the Register. Delegation agreements GD-083-PHS-EMS: Drug Pro! le for M10-55 are not intergovernmental agreements pursuant to A.R.S. Title Lorazepam 11, Chapter 7, Article 3. For at least 30 days after publication of GD-064-PHS-EMS: Arizona Guidelines for the Notice of Proposed Delegation Agreement in the Register, the agency shall provide persons the opportunity to submit in Field Triage of Injured Patients and Mode of M10-56 writing statements, arguments, data, and views on the proposed Transport Considerations delegation agreement and shall provide an opportunity for a public hearing if there is su# cient interest. The delegating Department of Agriculture 2 agency shall follow the procedures for delegation agreements Document Name File No. speci! ed in A.R.S. Title 41, Chapter 6, Article 8. Labor Election Process: A Procedure Proposed Delegation Agreements FY09 FY10 Manual for Conducting Representation and M09-417 Total 3 3 Decerti! ed Elections Unfair Labor Practice proceedings: A Procedure Manual for Conducting Unfair M09-418 News about Notices of Public Information Labor Practice Investigations and Hearings Notices of Public Information contain corrections that agencies wish to make to their notices of rulemaking; miscellaneous FY2010 Total 6 rulemaking information that does not ! t into any other category of notice; and other types of information required by statute to be published in the Register. News about Agency Ombudsmen Notices of Public Information FY09 FY10 In Fiscal Year 2010, the Administrative Procedure Act was Total 42 27 updated during the 49th Legislature, 2nd Regular Session, Ch. 88 (HB2209, Sec. 3). The law previously stated that an agency with more than 100 employees ! le a notice of agency ombudsmen News about Notices of with the division. This person has also been referred to as an agency liaison. A.R.S. § 41-1006 will become e" ective July 29, Substantive Policy Statements 2010, and states “Each state agency shall publish annually in Substantive policy statements are written expressions that the register... the name or names of those employees who are inform the public of an agency’s current approach to rule or designated by the agency to assist members of the public or regulation practice. Substantive policy statements are advisory regulated community in seeking information or assistance from only. A substantive policy statement does not include internal the agency.” This change was spearheaded by the o# ce to make procedural documents that only a" ect the internal procedures every contact name more readily available to the public and of the agency and does not impose additional requirements stakeholders who seek answers from an agency. Many agencies or penalties on regulated parties or include con! dential ! led their notices before the law went into e" ect as evidence by information or rules made in accordance with the Arizona the FY2010 number below. Administrative Procedure Act. Agency Ombudsmen FY09 FY10 Notices of Substantive Policy FY09 FY10 Total 3 23 Statements Total 55 33 To comply with the updates to this law and ! le with the Public Services Division, agencies were told to use the notice of agency ombudsman form found on the secretary of state’s website in the Arizona Rulemaking Manual , Section 4. Agencies were required to ! le one name per notice (if they had more than one agency ombudsmen) and ! le two receipts.

State of Arizona - Department of State Ken Bennett, Secretary of State 25 PART 5 ~ PUBLIC SERVICES Annual Report Fiscal Year 2010 Fiscal Year 2010 Statistics ~ Rules News about Rule Filings Administrative Code Fiscal Year Review Administrative Code Supplement 08-4 had 1,785 pages In Fiscal Year 2010, Governor Janice K. Brewer’s moratorium with rule section a! ected in 28 chapters within 12 Code on rulemaking activity continued. The moratorium became titles. law under Laws 2009, 3rd Special Session, Ch. 7, § 28 (HB 2260); it was further extended under Laws 2010, 2nd Regular Rulemaking Package Filings by Type of Notice Session, Ch. 287. There was a gap in law for July 1, 2010, to July 29, 2010, and the governor’s last executive order for ! scal Docket Opening 54 year 2010 was E.O. 2010-13 made on June 30, 2010. This order Emergency 4 extended the moratorium until the law went into e" ect at the Exempt 60 end of July. Expiration 7 Final 26 Rulemaking and related " lings FY09 FY10 Proposed 31 Total 307 190 Recodi" cation 2 Supplemental Proposed 3 Rules and related ! lings ! led by title categories: Termination 3 Title 1. Rules and the Rulemaking Process (0) Title 2. Administration (17) Title 3. Agriculture (11) Title 4. Professions and Occupations (18) Title 5. Corrections (0) Title 6. Economic Security (27) Title 7. Education (35) Title 8. Emergency and Military A! airs (0) Title 9. Health Services (20) Title 10. Law (0) Title 11. Mines (0) Title 12. Natural Resources (14) Title 13. Public Safety (1) Title 14. Public Service Corporations; Corporations and Associations; Securities Regulation (6) Title 15. Revenue (2) Title 16. Tax Appeals (0) Title 17. Transportation (12) Title 18. Environmental Quality (8) Title 19. Alcohol, Dog and Horse Racing, Lottery and Gaming (2) Title 20. Commerce, Financial Institutions, and Insurance (17)

Review of ! lings Titles 1, 5, 8, 10, 11, and 16 did not have any rulemaking Three rulemakings were terminated in FY ’10 (" ve less " lings during this " scal year. Title 7. Education had the than FY ’09). Editor’s Note: In the FY 09 annual report most " lings at 35 rule-related packages. The reason graph the incorrect number was shown. The correct why this title had so many " lings was the State Board number was given in the explanation. of Education had not submitted its rule changes to our o# ce for four years. They determined they were exempt Seven rules expired, three more than in FY ’09. If an from the regular rulemaking process, and as such did not agency does not " le a " ve-year rule review report with the update " lings as rules were originally passed. Therefore, Governor’s Regulatory Review Council ( G.R.R.C.) including rules on " le and published were not up-to-date. a revised report; or if an agency does not " le an extension before the due date of the report; or if an agency " les Page Count for Administrative Register an extension but does not submit a report within the The total page count for the 2009 Volume 15, of the extension period; the rules scheduled for review expire. Arizona Administrative Register was 2,172. This volume had G.R.R.C. is required to notify the secretary of state that 2,798 less pages than Volume 14. The total page count for the rules have expired and are no longer enforceable. the 2008 Volume 13 was 4,970. The expiration notice is published in the Administrative Register , and the rules are removed from the Administrative The page count for the 2010 Volume 16, of the Arizona Code . Administrative Register through June 30, 2010 was 1,122. For the same timeframe (January through June 2009) in FY 2009 the page count was 1,220. Continued next page

26 Ken Bennett, Secretary of State State of Arizona - Department of State Annual Report Fiscal Year 2010 PART 5 ~ PUBLIC SERVICES Fiscal Year 2010 Statistics ~ Rules Four emergency rulemaking packages were ! led, two Number of Filings by Month more than in FY ’09. Under the Administrative Procedure Monthly Statistics FY ’07 FY ’08 FY ’09 FY ’10 Act (APA), an agency may determine that adoption, July 2009 31 32 44 13 amendment, or repeal of a rule is necessary for immediate August 2009 44 29 39 8 preservation of the public health, safety, or welfare and September 2009 44 29 43 10 the notice and public participation requirements are October 2009 55 36 50 13 impracticable. November 2009 32 41 28 14 December 2009 46 30 42 33 Under this determination, the agency may adopt the rule January 2010 27 33 29 17 as an emergency and submit it to the attorney general for February 2010 37 32 1 13 review. The attorney general approves the rule and then March 2010 48 38 8 9 ! les it with the secretary of state. The rule remains in e" ect April 2010 32 46 4 12 for 180 days. May 2010 40 41 11 24 June 2010 67 19 8 24 An emergency rule may be renewed for one 180-day period if the requirements of A.R.S. § 41-1026 are met. Monthly Filing Trends If the emergency rule is not renewed or the rule is not Traditionally ! lings spike at the end of the ! scal year as permanently adopted by the end of the 180-day period, shown by the chart above. The FY 08 and 09 however the emergency rule expires and the text of the rule returns showed a di" erent trend with a decline in ! lings. to its former language in the Arizona Administrative Code. If any former language did not exist a historical note In FY ’08 there was no speci! c cause for the decline. would re# ect that an emergency rule was once in the In FY ’09 the moratorium on rulemaking was in e" ect for section. the six-month period between January and June 2009. This ! scal year the o$ ce had a spike in the ! lings once There were 54 docket openings this ! scal year; this is 55 again with an increase of 16 more ! lings than the previous less docket openings than the previous ! scal year. Under ! scal year. the APA, agencies must submit a Notice of Rulemaking Docket Opening before beginning the formal rulemaking Number of Filings by Chapter process. 02 A.A.C. 05 Department of Administration - Personnel Administration 11 Under Gov. Janice K. Brewer’s Moratorium on Rulemaking 02 A.A.C. 20 Citizens Clean Elections Commission 6 an agency received the governor’s permission to proceed 03 A.A.C. 02 Department of Agriculture - Animal with a rulemaking and our o$ ce received written approval Services Division 8 from the governor’s o$ ce for the agency to proceed with 03 A.A.C. 03 Department of Agriculture - a rulemaking. Environmental Services Division 1 03 A.A.C. 04 Department of Agriculture - Plant For this ! scal year 31 Notice of Proposed rulemakings Services Division 1 were ! led. This is a decrease of 48 Notices of Proposed 03 A.A.C. 06 Department of Agriculture - O$ ce of rulemaking ! lings from the previous ! scal year. Notices Commodity Development and of Proposed Rulemakings contain a preamble and the full Promotion 1 text of the rules. 04 A.A.C. 15 Board of Massage Therapy 2 04 A.A.C. 21 Board of Optometry 2 The Secretary of State’s o$ ce publishes each notice in the 04 A.A.C. 23 Board of Pharmacy 3 Register within three weeks of ! ling. An agency must allow 04 A.A.C. 24 Board of Physical Therapy 1 at least 30 days to lapse after the publication of the Notice 04 A.A.C. 29 O$ ce of Pest Management 2 of Proposed Rulemaking in the Register before beginning 04 A.A.C. 33 Board of Examiners for Nursing Care any proceedings for making, amending, or repealing any Institution Administrators and Assisted rule. (A.R.S. §§ 41-1013 and 41-1022). Living Facility Managers 3 04 A.A.C. 38 Board of Homeopathic and Integrated There were 26 Final Rulemakings ! led with the o$ ce. They Medicine Examiners 3 decreased by 48 ! lings. The dramatic decrease was due to 04 A.A.C. 46 Board of Appraisal 2 the Gov. Janice K. Brewer’s Moratorium on Rulemaking still 06 A.A.C. 01 Department of Economic Security 1 being in e" ect this ! scal year. 06 A.A.C. 02 Department of Economic Security - Employment and Training 4 06 A.A.C. 03 Department of Economic Security - Unemployment Insurance 2 06 A.A.C. 04 Docket Opening Economic Security Department of Economic Security - Rehabilitation Services 1 Continued next page

State of Arizona - Department of State Ken Bennett, Secretary of State 27 PART 5 ~ PUBLIC SERVICES Annual Report Fiscal Year 2010 Fiscal Year 2010 Statistics ~ Rules 06 A.A.C. 05 Department of Economic Security - Social 14 A.A.C. 04 Department of Transportation - Title, Services 2 Registration, and Driver Licenses 1 06 A.A.C. 06 Department of Economic Security - 15 A.A.C. 05 Department of Revenue - Transaction Developmental Disabilities 2 Privilege and Use Tax Section 1 06 A.A.C. 07 Department of Economic Security - Child 15 A.A.C. 10 Department of Revenue - General Support Enforcement 2 Administration 1 06 A.A.C. 10 Department of Economic Security - The 17 A.A.C. 01 Department of Transportation - JOBS Program 1 Administration 2 06 A.A.C. 11 Department of Economic Security - Job 17 A.A.C. 03 Department of Transportation - Training Partnership Act (JTPA) 1 Highways 1 06 A.A.C. 12 Department of Economic Security - Cash 17 A.A.C. 04 Department of Transportation - Title, Assistance Program 5 Registration, and Driver Licenses 7 06 A.A.C. 13 Department of Economic Security - State 17 A.A.C. 05 Department of Transportation - Assistance Programs 4 Commercial Programs 1 06 A.A.C. 14 Department of Economic Security - Food 18 A.A.C. 02 Department of Environmental Quality - Stamps Program 1 Air Pollution Control 2 06 A.A.C. 17 Department of Economic Security - 18 A.A.C. 08 Department of Environmental Quality - General Assistance Program 1 Hazardous Waste Management 1 07 A.A.C. 02 State Board of Education 35 18 A.A.C. 13 Department of Environmental Quality - 09 A.A.C. 03 Department of Health Services - Child Solid Waste Management 2 Care Group Homes 1 18 A.A.C. 14 Department of Environmental Quality - 09 A.A.C. 05 Department of Health Services - Child Permits and Compliance Fees 1 Care Facilities 2 18 A.A.C. 15 Department of Environmental Quality - 09 A.A.C. 06 Department of Health Services - Water Infrastructure Finance Authority of Communicable Diseases and Arizona 2 Infestations 1 19 A.A.C. 03 Arizona State Lottery Commission 2 09 A.A.C. 10 Department of Health Services - Health 20 A.A.C. 01 Department of Commerce 1 Care Institutions: Licensing 4 20 A.A.C. 02 Department of Weights and Measures 6 09 A.A.C. 16 Department of Health Services - 20 A.A.C. 04 Department of Financial Institutions 1 Occupational Licensing 2 20 A.A.C. 05 Industrial Commission of Arizona 7 09 A.A.C. 19 Department of Health Services - Vital 20 A.A.C. 06 Department of Insurance 1 Records and Statistics 1 20 A.A.C. 08 Greater Arizona Development 09 A.A.C. 22 Arizona Health Care Cost Containment Authority 1 System - Administration 7 News about Paper Subscriptions 09 A.A.C. 28 Arizona Health Care Cost Containment System - Arizona Long-term Care These are the number of paper subscriptions for FY2010. System 2 Traditionally with the posting of rules online subscriptions to 12 A.A.C. 01 Radiation Regulatory Agency 2 these publications continued to decline the previous ! scal years. 12 A.A.C. 04 Game and Fish Commission 7 This year the o" ce saw a di# erent trend with subscriptions on 12 A.A.C. 08 State Parks Board 1 the rise. 12 A.A.C. 15 Department of Water Resources 4 13 A.A.C. 03 Department of Public Safety - Publication FY09 FY10 Tow Trucks 1 Arizona Administrative Code 108 122 14 A.A.C. 02 Corporation Commission - Arizona Administrative Register 62 66 Fixed Utilities 6 Chaptered Bills 23 33

28 Ken Bennett, Secretary of State State of Arizona - Department of State Annual Report Fiscal Year 2010 PART 5 ~ PUBLIC SERVICES Fiscal Year 2010 Statistics ~ Legislative Bills and Filings News about Legislative Filings Chaptered Bills 12 Other Legislative Filings 0 The Public Services Division began posting legislative bills in a searchable and sortable database online. The change was made Governor Veto Letters (copies) 1 possible through assistance from the IT department. Governor Veto-Line Items 2 49th Legislature - Fourth Special Session (2009) Legislative Session FY10 Chaptered Bills 4 49th Legislative, Second Regular Session (2010) Other Legislative Filings 0 Chaptered Bills 338 49th Legislature - Fifth Special Session (2009) Senate Concurrent Resolutions 4 Chaptered Bills 1 House Concurrent Resolutions 12 Other Legislative Filings 0 Senate Concurrent Memorials 2 Governor Letters (copies) 1 House Concurrent Memorials 5 49th Legislature - Sixth Special Session (2010) Senate Joint Resolutions 0 Chaptered Bills 4 House Joint Resolutions 0 Senate Concurrent Memorials 1 Senate Resolutions 1 49th Legislature - Seventh Special Session (2010) House Resolutions 8 Chaptered Bills 12 Senate Memorials 1 House Concurrent Resolutions 2 House Memorials 0 49th Legislature - Eighth Special Session (2010) Governor Veto Letters (copies) 14 Chaptered Bills 1 49th Legislature - Third Special Session (2009) Senate Concurrent Memorials 1 Publications Printed and Distributed News about Publications Election Offi cer Recertifi cation & Training Program Notebooks - 425 The Arizona Residential Landlord and Tenant Act was changed Election Procedures Manual -80 with the offi ce providing only one copy per person under the law. (2009 Draft) This signifi cantly decreased the printing of this publication Envelopes (return) - 2,000 Financial Disclosure Statements, Publication FY09 FY10 Instructions for 200 35 Advance Directive Brochure 250 1050 Helpful Phone Numbers - 2,000 Advance Directive Registration - 250 Initiative, Referendum, & Recall Agreement Handbook -25 Assignment of Trade Name Application 200 1,000 Kids Activity Book 940 3,975 Labels 1,301 1030 Assignment of Trade Mark Application - 1,000 Lobbyist Handbook 1,500 80 AZ & US Constitution 1,564 870 Notarial samples for workshop 989 850 Notary Acknowledgement/Jurat AZ & US Constitution Large Print 60 70 Form - 300 Arizona Blue Book Order Forms 1,000 11,197 Notary Public Reference Manual 5,881 5,418 Arizona Residential Landlord & Processing Rejection Form - 73 500 Tenant Act 12,446 3,398 Trade Names Trademarks Arizona Residential Landlord & Processing Rejection Form – 852 600 Tenant Act Large Print 1,000 270 UCC Semi-Annual Index 196 161 Campaign Contributions and Expenses -25State Symbols Brochure 300 3,225 Trade Name Application 13,160 14,500 Candidate and Political -25 Committees Handbook Trademark/Trade Names 490 520 Charity Renewal Letters 4,820 5,041 Handbook Corporation Commission Flyer 3,500 3,000 Trademark Application 150 1,900 Customer Service Center Map 3,611 2,000 Trademark Service Mark Packet 500 Election Laws Handbook 80 63 Welcome Brochure 300 3,200

State of Arizona - Department of State Ken Bennett, Secretary of State 29 PART 6 - INDEX Annual Report Fiscal Year 2010 Index emergency rules 23 Osborn, Sidney P. 6 executive orders 9 out-of-state landlord agents for service 13 A exempt rules 23 overseas voters 21 expired rules 23 administration 2, 4, 7, 13, 26, 27, 28 P Administrative Procedures Act 23 F advance directives 12, 13, 14, 29 partnerships 5, 12, 13, 14 advisory committees 23 fi nal delegation agreements 23 principal 17, 18, 19 agency guidance documents 23 fi nal rules 23 professional employer organizations 13 apostilles 12, 13, 15, 29 fi nal summary rulemaking 23 proposed delegation agreements 23, 25 Ariz. Const. Art. IV Part 1 17, 29 fi nancial disclosure statements 17, 18, 29 proposed rules 23 Arizona Administrative Code 5, 23, 27, 28 Fontes, Mary 16 proposed summary rules 23 public body 17 Arizona Administrative Register 5, 10, 23, 24, G 26, 28 public information notices 23 Arizona Blue Book 23, 29 Garvey, Dan E. 6 Publicity pamphlet and sample ballot 3, 20 Arizona Rulemaking Manual 23, 25 governor, actions of 9-10 public meetings 13 assistant directors, offi ce divisions 12, 16, 22 Governor’s Regulatory Review Council 23, 24, public offi cers 18 assistant secretary of state 8 26 public services, contact 22 athlete agents registrations 13 G.R.R.C. 23, 24, 26 Q B H qualifying contribution slips 17 Bayless, Betsey 6 Hague Convention 13 R Bennett, Ken 2, 3, 6, 7, 8, 9, 11, 12, 16, 17, 20, 22 Hall, Ernest R. 6 Benson, Matthew 8 HAVA 3, 21 recodifi cation of rules 23 Bills, see chaptered legislative bills health spas 13 Register, Administrative 5, 10, 22, 23, 24, 25, 26, Bjelland, Amy 16 Help America Vote Act 3, 21 27, 28 Board of Technical Registration 13 Hull, Jane Dee 6 Reilly, Sandy 8 Bolin, Wesley 6 Residential Landlord and Tenant Act 14, 23, 29 Brewer, Janice K. 6, 9, 10, 24, 26, 27 I resolutions 10, 11, 28, 29 business services, contact 12 IGAs 13, 14 rule fi lings 26 C incorporated by reference material 23 S initiative petitions 17, 18 Callaghan, J.C. 6 Intergovernmental agreements 13, 14 Semi Annual Index 23, 29 campaign fi nance 3, 5, 16, 17, 19, 21 services reports 16, 17, 19 J administration 8 training & outreach 21 business 12 Cancelosi, Scott 2, 22 jurisdiction and service of process 13 elections 17 certifi cates, administered 9 K public 23 certifi cates of authentication 13 Shumway, Jim 6 certifi cates of nomination 17, 18 Kerby, James H. 6 Simms, Mit 6 chaptered legislative bills 23 special election 2, 3, 17, 18, 20 charities 12, 13, 29 L statistics 17 chief fi nancial offi cer 8 publicity pamphlet 3, 20 chief information offi cer 8 laundry marks 13 statements of organization 17 city charters 13 Legislature, actions by the 10 state seal, usage 9 clean elections 17 liason, agency see ombudsmen subscription services 22 clemency denied 9 lobbyist 5, 17, 18, 19, 29 substantive policy statements 23 Code, Administrative 5, 11, 12, 13, 15, 22, 23, 26, Lopez, Yvette 12 supplemental proposed rules 23 27, 28, 30 M commutation of sentence 9 T contact information, offi ce divisions Maaske, Bill 8 administration 7 Mahoney, Richard 6 telephone solicitors 12, 13, 15 business services 12 memorials, legislative 10, 11, 28, 29 trademark registrations 12, 13, 15, 29 election services 16 military voters, see uniformed voters trade name registrations 5, 13, 15, 29 public services 22 mission statement 5 transmittal, memorials and resolutions 23 contracted fundraisers registrations 13 Mobile Home Parks Landlord & Tenant Act 23 U Cota, Joann 12 Moff ord, Rose 6 Moore, Harry M. 6 D Uniform Commercial Code (UCC) 5, 12, 13, MVD 18 15, 29 dance studios contracts 13 N uniformed voters 21 declaration of emergency 9 V directors notaries public 5, 12, 13, 15 offi ce divisions 12, 16, 22 Notary Reference Manual 29 values statement 5 communications 8 notary training 15, 29 vision statement 5 docket openings 23 Nyhart, Brant 12 voter registration 16 Drake, Jim 8, 11 O VoterView 19 E W ombudsmen, agency 23, 25 election offi cer education 20 operating budget 2 Waite, Kris 16 election services, contact 16 oral proceedings 23 Williams, Curtis 6

30 Ken Bennett, Secretary of State State of Arizona - Department of State

www.arizona100.org

Annual Report Fiscal Year 2010 A SECRETARY OF STATE PUBLICATION December 2010