41-1508. Defense contractor restructuring assistance; definitions

A. On July 1, 2011, the Arizona commerce authority succeeds to the remaining functions and responsibilities formerly performed by the department of commerce under this section. Any reference to department in this section is considered to refer to the Arizona commerce authority.

B. The department shall establish and conduct a defense contractor restructuring assistance program to:

1. Assist qualified defense contractors in this state to maintain and attract the maximum share of available contracts with the United States department of defense.

2. Encourage qualified defense contractors in this state to diversify into commercial markets and consolidate facilities into this state.

3. Encourage qualified defense contractors in this state to adopt new manufacturing processes and technologies.

C. The department shall coordinate a coalition of qualified defense contractors in this state to identify and address relevant issues and opportunities and to increase communication and the capacity to solve common problems.

D. Until June 30, 2001, the department of commerce shall identify and certify to the department of revenue the names and relevant information relating to qualified defense contractors for purposes of available tax incentives. The department of commerce shall determine the effective date of certification, which in all events shall begin on the first day of a taxable year of a taxpayer, and the certification is valid only for five full consecutive calendar or fiscal years, as determined by the department of commerce. The department of commerce may revoke the certification for failure to qualify and comply with the terms and conditions prescribed by this section and shall immediately notify the department of revenue of a revocation. The department of revenue may also revoke the certification if it obtains information indicating a failure to qualify and comply. The department shall not certify any new qualified defense contractor after June 30, 2001. To obtain and maintain certification, a defense contractor must:

1. Apply to the department of commerce.

2. Submit and retain copies of all required information including information relating to the amount of tax benefits the defense contractor receives.

3. Allow such inspections and audits as are necessary to verify the accuracy of the submitted information.

4. Agree in writing with the department of commerce to furnish information relating to the amount of tax benefits the taxpayer receives each year for disclosure in composite form in an annual report by the department of commerce.

E. For purposes of this section, " qualified defense contractor" or " contractor" means a business entity that on initial qualification meets all of the following requirements:

1. Has one or more current manufacturing, assembling, fabricating, research, development or design contracts directly with the United States department of defense that:

(a) Total at least five million dollars in sales of tangible personal property manufactured, assembled, fabricated, researched, developed or designed in this state.

(b) Do not require providing products or services directly to a particular military base or bases or installations.

2. Employs at least two hundred full-time equivalent employee positions in this state solely with respect to department of defense contracts.