Arizona Laws 10-122.01. Public access fund; purpose; exemption; money on deposit account
A. The public access fund is established. The commission shall administer the fund. The fund consists of monies received pursuant to:
Terms Used In Arizona Laws 10-122.01
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Commission: means the Arizona corporation commission. See Arizona Laws 10-140
- Delivery: means actual receipt by the person or entity to which directed and for electronic transmissions means receipt as described in section 44-7015, subsection B. See Arizona Laws 10-140
- Filing: means the commission completing the following procedure with respect to any document delivered for that purpose:
(a) Determining that the filing fee requirements of section 10-122 have been satisfied. See Arizona Laws 10-140
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Person: includes an individual and entity. See Arizona Laws 10-140
- Property: includes both real and personal property. See Arizona Laws 1-215
1. Section 10-122, subsections E, F, G, H and K.
2. Section 10-3122, subsections I and K.
3. Section 29-3213, subsections E and F.
B. Except as provided in subsection C of this section:
1. Monies in the fund are subject to legislative appropriation.
2. The commission shall spend monies in the fund for a part of the general administrative and legal expenses of the commission and to purchase, install and maintain an improved data processing system on the premises of the commission. The data processing system shall be designed to allow direct online access by any person at a remote location to all public records that are filed with the commission pursuant to this title and title 29 relating to limited liability companies.
3. When sufficient monies have been collected pursuant to section 10-122, subsections F, G and H and section 10-3122, subsection I to pay for the purchase and installation of the data processing system, the commission shall not charge and collect the fees prescribed in section 10-122, subsection H or section 10-3122, subsection H.
4. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations, except that any unencumbered monies in excess of $200,000 at the end of each fiscal year revert to the state general fund.
C. The money on deposit account is established in the public access fund as a separate account consisting of monies received pursuant to section 10-122, subsection K, section 10-3122, subsection K, section 29-851, subsection F and section 29-3213, subsection F. Monies in the money on deposit account:
1. Are held in trust by the commission.
2. May be withdrawn by the commission only:
(a) To cover fees that are due pursuant to this title or title 29 relating to limited liability companies on delivery of documents for filing or on a request for services by a person who advanced monies to the commission pursuant to section 10-122, subsection K, section 10-3122, subsection K, section 29-851, subsection F or section 29-3213, subsection F.
(b) To refund the monies advanced in subdivision (a) of this paragraph if the person who requested services pursuant to subdivision (a) of this paragraph requests the refund.
(c) For the disposition of unclaimed property pursuant to Title 44, Chapter 3.
3. Are not subject to either:
(a) Legislative appropriation.
(b) Reversion to the state general fund.