41-109

41-109. Prevention of child abuse fund;
definitions

A. The prevention of child abuse fund is established consisting of monies received
pursuant to section 28-2417. The director of the division for children in the governor's
office shall administer the fund. Not more than three per cent of monies deposited in
the fund annually shall be used for the cost of administering the fund. Monies in the
fund are continuously appropriated.

B. The director of the division for children in the governor's office shall
allocate monies through a private foundation that is qualified under section 501(c)(3) of
the United States internal revenue code for federal income tax purposes, that guarantees
matching all or a portion of the monies and that further allocates the monies to primary
prevention programs that strengthen families and that increase public and professional
awareness to prevent child abuse in all its forms to children in this state. The director
of the division for children in the governor's office shall forward all monies deposited
in the prevention of child abuse fund, excluding administrative fees, to the private
foundation on an annual basis.

C. On notice from the director of the division for children in the governor's
office, the state treasurer shall invest and divest monies in the fund as provided by
section 35-313 and monies earned from investment shall be credited to the fund.

D. Monies in the fund are exempt from the provisions of section 35-190 relating to
lapsing of appropriations.

E. Before allocating monies pursuant to subsection B of this section:

1. The director of the division for children in the governor's office shall prepare
and issue a request for donation application that includes at least the following
information:

(a) A description of the nature of the donation project, including the scope of the
work to be performed by an awardee.

(b) Identification of the funding source and the total amount of available funds.

(d) Encouragement of collaboration by entities for community partnerships, if
appropriate.

(e) Any additional information required by the applications.

(f) The criteria or factors under which an application will be evaluated for award
and the relative importance of each criteria or factor.

(g) The due date for submittal of an application and the anticipated time the
awards may be made.

2. Adequate public notice of the request for donation application shall be given a
reasonable time before the date set forth in the request for application. The notice may
include publication one or more times in a newspaper of general circulation in this state
a reasonable time before the application opening.

3. A preapplication conference may be conducted before the due date for the
submittal of an application to explain the donation application requirements. Statements
made at a preapplication conference are not amendments to a request for a donation
application unless a written amendment is issued.

4. A donation application shall be publicly received at the time and place
designated in the request for donation application. The name of each applicant shall be
publicly read and recorded. All other information in the donation application is
confidential during the process of evaluation. All applications shall be open for public
inspection after donations are awarded. To the extent the applicant designates and the
state concurs, trade secrets and other proprietary information contained in the
application shall remain confidential.

5. An application shall be evaluated by at least three evaluators who are peers or
other qualified individuals. The evaluators may allow an applicant to make an oral or
written presentation regarding the scope of work, terms and conditions of the donations,
budget and other relevant matters set forth in the request for application. An applicant
shall be accorded fair treatment with respect to any opportunity for oral or written
presentations. The evaluators may require an applicant to revise the application to
reflect information provided in an oral or written presentation. Any person who has
information contained in the application of competing applicants shall not disclose that
information.

6. The evaluators shall review each application based solely on the evaluation
criteria or factors set forth in the request for donation application. Each evaluator
shall maintain a written record of the evaluator's assessment of each application, which
shall include comments regarding compliance with each evaluation criteria or factor, the
citation of a specific criteria or factor as the basis of each stated strength or
weakness and a clear differentiation between comments based on facts presented in the
application and comments based on professional judgment.

7. The evaluators shall make award recommendations to the director of the division
for children in the governor's office based on the evaluators' reviews of each
application. The evaluators' recommendations may include the adjustment of the budgets
of the applicants individually or collectively.

8. The director of the division for children in the governor's office may affirm,
modify or reject the evaluators' recommendations in whole or in part. Modification of
the evaluators' recommendations may include the adjustment of the budget on any proposed
award individually or on all awards by an amount or percentage. If the director of the
division modifies or rejects the recommendations, the director shall document in writing
the specific justifications for the action taken.

9. The director of the division for children in the governor's office may enter
into agreements with other state governmental units to furnish assistance in conducting
the solicitation of donation applications.

10. The director of the division for children in the governor's office may resolve
protests of the award or proposed award of a donation. An appeal from a decision of the
director of the division for children in the governor's office may be made to the
director of the department of administration. A protest of an award or proposed award of
a donation and any appeals shall be resolved in accordance with the rules of procedure
adopted by the department of administration pursuant to section 41-2611.

F. On or before December 31 of each year, the director of the division for children
in the governor's office shall submit a written report to the governor, the president of
the senate and the speaker of the house of representatives on all expenditures made from
the fund in that calendar year. The report shall include all administrative expenses,
all grants of monies, the names of grantees and any remaining balance in the fund. The
director shall provide a copy of the report to the secretary of state and the director of
the Arizona state library, archives and public records.

G. The director of the division for children in the governor's office shall make
available to the public a list of all grants awarded pursuant to this section.

H. For the purposes of this section, unless the context otherwise requires:

1. "Donation" means furnishing financial or other assistance, including state funds
or federal grant funds, by the director of the division for children in the governor's
office to any person for the purpose of supporting or stimulating primary prevention
programs that strengthen families and that increase public and professional awareness to
prevent child abuse in all its forms to children of this state if no substantial
involvement between the division for children and the recipient occurs during
performance.

2. "Person" means any corporation, business, individual, committee, club or other
organization or group of individuals.