Bill Text: AZ SB1399 | 2020 | Fifty-fourth Legislature 2nd Regular | Chaptered
Bill Title: Reviser's technical corrections; 2020
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2020-03-24 - Chapter 45 [SB1399 Detail]
Download: Arizona-2020-SB1399-Chaptered.html
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Senate Engrossed |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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CHAPTER 45
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SENATE BILL 1399 |
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AN ACT
amending section 3-607, Arizona Revised Statutes, as amended by Laws 2002, chapter 47, section 6; repealing section 3-607, Arizona Revised Statutes, as amended by laws 2019, chapter 44, section 1; amending section 11-483, Arizona Revised Statutes, as amended by laws 2019, chapter 256, section 1 and chapter 321, section 1; repealing section 11-483, Arizona Revised Statutes, as amended by laws 2019, chapter 252, section 19; amending section 12-284, Arizona Revised Statutes, as amended by laws 2018, chapter 317, section 1; repealing section 12-284, Arizona Revised Statutes, as amended by laws 2018, chapter 232, section 1; amending section 18-305, Arizona Revised Statutes, as amended by laws 2017, chapter 30, section 1; repealing section 18-305, Arizona Revised Statutes, as amended by laws 2019, chapter 267, section 2; amending section 28-101, Arizona Revised Statutes, as amended by laws 2019, chapter 89, section 1 and chapter 120, section 1; amending section 28-101, Arizona Revised Statutes, as amended by laws 2019, chapter 89, section 3 and chapter 120, section 3; repealing section 28-101, Arizona Revised Statutes, as amended by laws 2019, chapter 89, section 2 and chapter 120, section 2; amending section 28-672, Arizona Revised Statutes, as amended by laws 2019, chapter 112, section 1 and chapter 153, section 1; repealing section 28-672, Arizona Revised Statutes, as amended by laws 2019, chapter 255, section 1; amending section 28-2153, Arizona Revised Statutes, as amended by laws 2018, chapter 9, section 3, chapter 147, section 3 and chapter 306, section 8; repealing section 28-2153, Arizona Revised Statutes, as amended by laws 2018, chapter 306, section 9; amending section 32-1125, Arizona Revised Statutes, as amended by laws 2008, chapter 183, section 14; repealing section 32-1125, Arizona Revised Statutes, as amended by laws 2019, chapter 145, section 10; amending section 32-1904, Arizona Revised Statutes, as amended by laws 2019, chapter 257, section 1; repealing section 32-1904, Arizona Revised Statutes, as amended by laws 2019, chapter 320, section 1; amending section 32-3601, Arizona Revised Statutes, as amended by Laws 2019, chapter 22, section 1; repealing section 32-3601, Arizona Revised Statutes, as amended by laws 2019, chapter 252, section 41; amending section 32-3605, Arizona Revised Statutes, as amended by laws 2019, chapter 22, section 2; repealing section 32-3605, Arizona Revised Statutes, as amended by laws 2019, chapter 252, section 42; amending section 35-323, Arizona Revised STATUTES, As amended by laws 2019, chapter 61, section 21; repealing section 35-323, Arizona Revised Statutes, as amended by laws 2019, chapter 252, section 46; amending section 41-619.51, Arizona Revised Statutes, as amended by laws 2019, chapter 135, section 2; repealing section 41-619.51, Arizona Revised Statutes, as amended by laws 2019, chapter 252, section 49; amending section 41-1758, Arizona Revised Statutes, as amended by laws 2019, chapter 135, section 4; repealing section 41-1758, Arizona Revised Statutes, as amended by laws 2019, chapter 252, section 52; relating to multiple, defective and conflicting legislative dispositions of statutory text.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Purpose
1. Section 3-607, Arizona Revised Statutes, was amended by Laws 2019, chapter 44, section 1. However, this version did not reflect the previous valid version of the section. In order to comply with article IV, part 2, section 14, Constitution of Arizona, this act amends section 3-607, Arizona Revised Statutes, as amended by Laws 2002, chapter 47, section 6, to incorporate the amendments made by Laws 2019, chapter 44 and repeals the chapter 44 version.
2. Section 11-483, Arizona Revised Statutes, was amended by Laws 2019, chapter 252, section 19, chapter 256, section 1 and chapter 321, section 1. The chapter 252 version could not be blended because of the delayed effective date. In order to combine these versions, this act amends the Laws 2019, chapter 256 and chapter 321 version of section 11‑483, Arizona Revised Statutes, to incorporate the amendments made by Laws 2019, chapter 252 and repeals the chapter 252 version.
3. Section 12-284, Arizona Revised Statutes, was amended by Laws 2018, chapter 232, section 1 and chapter 317, section 1. The chapter 232 version could not be blended because of the delayed effective date. In order to combine these versions, this act amends the Laws 2018, chapter 317 version of section 12-284, Arizona Revised Statutes, to incorporate the amendments made by Laws 2018, chapter 232 and repeals the chapter 232 version.
4. Section 18-305, Arizona Revised Statutes, was amended by Laws 2019, chapter 267, section 2. However, this version did not reflect the previous valid version of the section. In order to comply with article IV, part 2, section 14, Constitution of Arizona, this act amends section 18-305, Arizona Revised Statutes, as amended by Laws 2017, chapter 30, section 1, to incorporate the amendments made by Laws 2019, chapter 267 and repeals the chapter 267 version.
5. Section 28-101, Arizona Revised Statutes, was amended by Laws 2018, chapter 9, section 1, chapter 163, section 1, chapter 166, section 1, chapter 298, section 3, chapter 306, section 1, chapter 306, section 2 and chapter 324, section 1. The Laws 2018, chapter 306, section 2 version could not be blended because of the delayed effective date. In order to combine these versions, this act amends the Laws 2019, chapter 89, section 1 and chapter 120, section 1 version of section 28-101, Arizona Revised Statutes, and the Laws 2019, chapter 89, section 3 and chapter 120, section 3 version of section 28-101, Arizona Revised Statutes, to incorporate the amendments made by Laws 2018, chapter 306, section 2 and repeals the Laws 2019, chapter 89, section 2 and chapter 120, section 2 version.
6. Section 28-672, Arizona Revised Statutes, was amended by Laws 2019, chapter 112, section 1, chapter 153, section 1 and chapter 255, section 1. The chapter 255 version could not be blended because it failed to amend the chapter 112 version, which was an emergency enactment, and therefore did not comply with article IV, part 2, section 14, Constitution of Arizona. To accomplish the intent of these enactments, this act amends section 28-672, Arizona Revised Statutes, as amended by Laws 2019, chapter 112, section 1 and chapter 153, section 1, to incorporate the amendments made by Laws 2019, chapter 255 and repeals the chapter 255 version.
7. Section 28-2153, Arizona Revised Statutes, was amended by Laws 2018, chapter 9, section 3, chapter 147, section 3, chapter 306, section 8 and chapter 306, section 9. The Laws 2018, chapter 306, section 9 version could not be blended because of the delayed effective date. In order to combine these versions, this act amends the Laws 2018, chapter 9, section 3, chapter 147, section 3 and chapter 306, section 8 version of section 28-2153, Arizona Revised Statutes, to incorporate the amendments made by Laws 2018, chapter 306, section 9 and repeals the chapter 306, section 9 version.
8. Section 32-1125, Arizona Revised Statutes, was amended by Laws 2019, chapter 145, section 10. However, this version did not reflect the previous valid version of the section. In order to comply with article IV, part 2, section 14, Constitution of Arizona, this act amends section 32-1125, Arizona Revised Statutes, as amended by Laws 2008, chapter 183, section 14, to incorporate the amendments made by Laws 2019, chapter 145 and repeals the chapter 145 version.
9. Section 32-1904, Arizona Revised Statutes, as amended by Laws 2019, chapter 257, section 1, was amended by Laws 2019, chapter 320, section 1. However, this section was erroneously identified in the title of the act. In order to comply with article IV, part 2, section 13, Constitution of Arizona, this act amends the Laws 2019, chapter 257, section 1 version of section 32-1904, Arizona Revised Statutes, to incorporate the amendments made by Laws 2019, chapter 320 and repeals the chapter 320 version.
10. Section 32-3601, Arizona Revised Statutes, was amended by Laws 2019, chapter 22, section 1 and chapter 252, section 41. The chapter 252 version could not be blended because of the delayed effective date. In order to combine these versions, this act amends the Laws 2019, chapter 22 version of section 32-3601, Arizona Revised Statutes, to incorporate the amendments made by Laws 2019, chapter 252 and repeals the chapter 252 version.
11. Section 32-3605, Arizona Revised Statutes, was amended by Laws 2019, chapter 22, section 2 and chapter 252, section 42. The chapter 252 version could not be blended because of the delayed effective date. In order to combine these versions, this act amends the Laws 2019, chapter 22 version of section 32-3605, Arizona Revised Statutes, to incorporate the amendments made by Laws 2019, chapter 252 and repeals the chapter 252 version.
12. Section 35-323, Arizona Revised Statutes, was amended by Laws 2019, chapter 61, section 21 and chapter 252, section 46. The chapter 252 version could not be blended because of the delayed effective date. In order to combine these versions, this act amends the Laws 2019, chapter 61 version of section 35-323, Arizona Revised Statutes, to incorporate the amendments made by Laws 2019, chapter 252 and repeals the chapter 252 version.
13. Section 41-619.51, Arizona Revised Statutes, was amended by Laws 2019, chapter 135, section 2 and chapter 252, section 49. The chapter 252 version could not be blended because of the delayed effective date. In order to combine these versions, this act amends the Laws 2019, chapter 135 version of section 41‑619.51, Arizona Revised Statutes, to incorporate the amendments made by Laws 2019, chapter 252 and repeals the chapter 252 version.
14. Section 41-1758, Arizona Revised Statutes, was amended by Laws 2019, chapter 135, section 4 and chapter 252, section 52. The chapter 252 version could not be blended because of the delayed effective date. In order to combine these versions, this act amends the Laws 2019, chapter 135 version of section 41‑1758, Arizona Revised Statutes, to incorporate the amendments made by Laws 2019, chapter 252 and repeals the chapter 252 version.
Sec. 2. Section 3-607, Arizona Revised Statutes, as amended by Laws 2002, chapter 47, section 6, is amended to read:
3-607. Annual licenses; inspections; revocation; fees; exceptions
A. No A person shall not operate a milk distributing plant or a manufacturing milk processing plant, engage in the business of producer‑distributor or producer-manufacturer, or engage in the business of selling at wholesale milk or dairy products, or both, without a license. This section does not require:
1. An Arizona dairy farm producing raw milk for sale to be processed to secure a license to operate.
2. A retailer or wholesaler to secure a license from the division to convert a pasteurized mix into frozen dessert.
3. A food establishment regulated by the department of health services to secure a license from the division to manufacture frozen desserts using pasteurized milk or pasteurized milk‑based products if the frozen dessert is manufactured and sold at the same food establishment for consumption on the premises and the food establishment has submitted a plan for approval to the regulatory authority under title 36 demonstrating that the manufacturing process complies with the rules adopted pursuant to section 36‑136, subsection I, including pasteurization as defined in rule. The division or the regulatory authority under title 36 may require a food establishment that manufactures frozen desserts using pasteurized milk or pasteurized milk‑based products to provide samples of the frozen dessert to verify that the frozen dessert is pasteurized.
B. An application for a license shall be in writing in such the form as the associate director prescribes and shall be accompanied by the required filing fee. Upon On receipt of an application, the associate director or an authorized representative shall examine the premises in which the applicant proposes to do business, and if it appears that the applicant has complied with all provisions of law, the license shall be issued.
C. After issuance of the first annual license, a license may be issued upon on inspection of the premises and payment not later than February 1 of each year of the required fee. The inspection shall be made by the associate director or an authorized representative to determine whether the premises are maintained in compliance with law. A written report of the inspection shall be filed in the division office. An annual license is valid for the period beginning January 1 and ending December 31 of each year, and a license that is not renewed on or before February 1 of each year shall be is void.
D. An application for a license to produce grade A milk for human consumption shall be made in the manner prescribed by subsections A and B of this section. The license shall be valid until revoked for failure to comply with the provisions of this article relating to the production of milk. The associate director may suspend a license pending correction of deficiencies that violate this article. If the identified deficiencies are not corrected within a reasonable time after the licensee is notified, the associate director may proceed to revoke the license. Notice of a pending revocation shall be in writing, stating the cause, and setting a time during which the licensee may correct the cause for revocation. If the cause for revocation is not corrected within the time specified, the associate director, after a hearing and three days' notice of intention, may revoke the license. The director shall review the associate director's action on request of any person adversely affected by the action. A person holding a permit issued by a governmental agency operating outside of this state whose requirements are substantially the same as the requirements of this state shall be deemed to have a license meeting the requirements of this article, provided the facilities have first been inspected and approved also by a resident Arizona inspector, if in the opinion of the associate director such an inspection should be made. Any expense incurred for such an inspection shall be at the expense of the licensee.
E. Fees shall be paid as follows:
1. For a license or renewal of a license to operate a milk distributing plant or business, fifty dollars $50.
2. For a license or renewal of a license to operate a manufacturing milk processing plant, fifty dollars $50.
3. For a license or renewal of a license to engage in the business of producer-distributor or producer-manufacturer, twenty-five dollars $25.
4. For a license or renewal of a license to engage in the business of selling at wholesale milk or dairy products, or both, twenty-five dollars $25.
F. The associate director or dairy inspectors are authorized to inspect premises affected by this article and located without the outside of this state, and they shall receive subsistence and travel expenses in the amount provided for state officers, which shall be paid to the inspector by the owner of the premises so inspected.
G. The provisions of This section shall does not apply to the a producer of raw milk.
Sec. 3. Repeal
Section 3-607, Arizona Revised Statutes, as amended by Laws 2019, chapter 44, section 1, is repealed.
Sec. 4. Section 11-483, Arizona Revised Statutes, as amended by Laws 2019, chapter 256, section 1 and chapter 321, section 1, is amended to read:
11-483. Records maintained by county recorder; confidentiality; definitions
A. Notwithstanding any other provision of this article, in any county an eligible person may request that the general public be prohibited from accessing the unique identifier and the recording date contained in indexes of recorded instruments maintained by the county recorder and may request the county recorder to prohibit access to that person's identifying information, including any of that person's documents, instruments or writings recorded by the county recorder.
B. An eligible person may request this action by filing an affidavit that states all of the following on an application form developed by the administrative office of the courts in agreement with an association of counties, an organization of peace officers and the motor vehicle division of the department of transportation:
1. The person's full legal name and residential address.
2. The full legal description and parcel number of the person's property.
3. Unless the person is the spouse of a peace officer or the spouse or minor child of a deceased peace officer or the person is a former public official or former judge, the position the person currently holds and a description of the person's duties, except that an eligible person who is protected under an order of protection or injunction against harassment shall instead attach a copy of the order of protection or injunction against harassment or an eligible person who is a participant in the address confidentiality program shall instead attach a copy of the participant's current and valid address confidentiality program authorization card issued pursuant to section 41‑163 and a statement of certification provided by the secretary of state's office.
4. The reasons the person reasonably believes that the person's life or safety or that of another person is in danger and that restricting access pursuant to this section will serve to reduce the danger.
5. The document locator number and recording date of each instrument for which the person requests access restriction pursuant to this section.
6. A copy of pages from each instrument that includes the document locator number and the person's identifying information, including the person's full legal name and residential address or full legal name and telephone number.
C. If an eligible person is also requesting pursuant to section 11‑484 that the general public be prohibited from accessing records maintained by the county assessor and county treasurer, the eligible person may combine the request pursuant to subsection B of this section with the request pursuant to section 11‑484 by filing one affidavit. The affidavit and subsequent action by the appropriate authorities shall meet all of the requirements of this section and section 11‑484.
D. The affidavit shall be filed with the presiding judge of the superior court in the county in which the affiant resides. To prevent multiple filings, an eligible person who is a peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member or law enforcement support staff member shall deliver the affidavit to the peace officer's commanding officer, or to the head of the prosecuting, public defender, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, who shall file the affidavits at one time. In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier presentation, the commanding officer, or the head of the prosecuting, public defender, code enforcement, law enforcement, corrections or detention agency, as applicable, or that person's designee, shall not file affidavits more often than quarterly.
E. On receipt of an affidavit or affidavits, the presiding judge of the superior court shall file with the clerk of the superior court a petition on behalf of all requesting affiants. Each affidavit presented shall be attached to the petition. In the absence of an affidavit that contains a request for immediate action and that is supported by facts justifying an earlier consideration, the presiding judge may accumulate affidavits and file a petition at the end of each quarter.
F. The presiding judge of the superior court shall review the petition and each attached affidavit to determine whether the action requested by each affiant should be granted. If the presiding judge of the superior court concludes that the action requested by the affiant will reduce a danger to the life or safety of the affiant or another person, the presiding judge of the superior court shall order that the county recorder prohibit access for five years to the affiant's identifying information, including any of that person's documents, instruments or writings recorded by the county recorder and made available on the internet. If the presiding judge of the superior court concludes that the affiant or another person is in actual danger of physical harm from a person or persons with whom the affiant has had official dealings and that action pursuant to this section will reduce a danger to the life or safety of the affiant or another person, the presiding judge of the superior court shall order that the general public be prohibited for five years from accessing the unique identifier and the recording date contained in indexes of recorded instruments maintained by the county recorder and identified pursuant to subsection B of this section.
G. On motion to the court, if the presiding judge of the superior court concludes that an instrument or writing recorded by the county recorder has been redacted or sealed in error, that the original affiant no longer lives at the address listed in the original affidavit, that the cause for the original affidavit no longer exists or that temporary access to the instrument or writing is needed, the presiding judge may temporarily stay or permanently vacate all or part of the court order prohibiting public access to the recorded instrument or writing.
H. On entry of the court order, the clerk of the superior court shall file the court order and a copy of the affidavit required by subsection B of this section with the county recorder. Not more than ten days after the date on which the county recorder receives the court order, the county recorder shall restrict access to the information as required by subsection F of this section.
I. If the court denies an affiant's request pursuant to this section, the affiant may request a court hearing. The hearing shall be conducted by the court in the county where the petition was filed.
J. The county recorder shall remove the restrictions on all records restricted pursuant to this section by January 5 in the year after the court order expires. The county recorder shall send by mail one notice to either the former public official, peace officer, spouse of a peace officer, spouse or minor child of a deceased peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member, law enforcement support staff member, employee of the department of child safety or employee of adult protective services who has direct contact with families in the course of employment or the employing agency of a peace officer, public defender, prosecutor, code enforcement officer, corrections or detention officer, corrections support staff member, law enforcement support staff member or employee of adult protective services who was granted an order pursuant to this section of the order's expiration date at least six months before the expiration date. If the notice is sent to the employing agency, the employing agency shall immediately notify the person who was granted the order of the upcoming expiration date. The county recorder may coordinate with the county assessor and county treasurer to prevent multiple notices from being sent to the same person.
K. To include subsequent recordings in the court order, the eligible person shall present to the county recorder at the time of recordation a certified copy of the court order or shall provide to the county recorder the recording number of the court order. The county recorder shall ensure that public access is restricted pursuant to subsection A of this section.
L. This section does not restrict access to public records for the purposes of perfecting a lien pursuant to title 12, chapter 9, article 2.
M. This section does not prohibit access to the records of the county recorder by parties to the instrument, a law enforcement officer performing the officer's official duties pursuant to subsection N of this section, a title insurer, a title insurance agent or an escrow agent licensed by the department of insurance or the department of financial institutions and financial institutions.
N. A law enforcement officer is deemed to be performing the officer's official duties if the officer provides a subpoena, court order or search warrant for the records.
O. For the purposes of this section:
1. "Code enforcement officer" means a person who is employed by a state or local government and whose duties include performing field inspections of buildings, structures or property to ensure compliance with and enforce national, state and local laws, ordinances and codes.
2. "Commissioner" means a commissioner of the superior court.
3. "Corrections support staff member" means an adult or juvenile corrections employee who has direct contact with inmates.
4. "Eligible
person" means a former public official, peace officer, spouse of a peace
officer, spouse or minor child of a deceased peace officer, justice, judge,
commissioner, public defender, prosecutor, code enforcement officer, adult or
juvenile corrections officer, corrections support staff member, probation
officer, member of the board of executive clemency, law enforcement support
staff member, employee of the department of child safety or employee of adult
protective services who has direct contact with families in the course of
employment, national guard member who is acting in support of a law enforcement
agency, person who is protected under an order of protection or injunction
against harassment, person who is a participant in the address confidentiality
program pursuant to title 41, chapter 1, article 3 or firefighter who is
assigned to the Arizona counter terrorism information center
in the department of public safety.
5. "Former public official" means a person who was duly elected or appointed to Congress, the legislature or a statewide office, who ceased serving in that capacity and who was the victim of a dangerous offense as defined in section 13‑105 while in office.
6. "Indexes" means only those indexes that are maintained by and located in the office of the county recorder, that are accessed electronically and that contain information beginning from and after January 1, 1987.
7. "Judge" means a judge or former judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankruptcy court, the United States immigration court, the Arizona court of appeals, the superior court or a municipal court.
8. "Justice" means a justice of the United States or Arizona supreme court or a justice of the peace.
9. "Law enforcement support staff member" means a person who serves in the role of an investigator or prosecutorial assistant in an agency that investigates or prosecutes crimes, who is integral to the investigation or prosecution of crimes and whose name or identity will be revealed in the course of public proceedings.
10. "Peace officer":
(a) Means any person vested by law, or formerly vested by law, with a duty to maintain public order and make arrests.
(b) Includes a federal law enforcement officer or agent who resides in this state and who has the power to make arrests pursuant to federal law.
11. "Prosecutor" means a county attorney, a municipal prosecutor, the attorney general or a United States attorney and includes an assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general.
12. "Public defender" means a federal public defender, county public defender, county legal defender or county contract indigent defense counsel and includes an assistant or deputy federal public defender, county public defender or county legal defender.
Sec. 5. Repeal
Section 11-483, Arizona Revised Statutes, as amended by Laws 2019, chapter 252, section 19, is repealed.
Sec. 6. Section 12-284, Arizona Revised Statutes, as amended by Laws 2018, chapter 317, section 1, is amended to read:
12-284. Fees
A. Except as otherwise provided by law, the clerk of the superior court shall receive fees classified as follows:
Class Description Fee
A Initial case filing fee
Tax case $ 188.00
Filing complaint, notice of appeal
under section 12‑904 or petition 188.00
Filing intervenor 188.00
Additional plaintiffs 188.00
Filing foreign judgment 188.00
Ownership of real property becomes an
issue plaintiff 188.00
Appellant
(except under sections 12‑1809 and 13‑3602) 188.00
Change of venue to this county 188.00
Petition for change of name 188.00
Filing a process server application 188.00
B Subsequent case filing fee
Filing answer, notice of appearance
under section 12‑907 or initial appearance $ 100.00
Additional defendants 100.00
Notice of appeal to appellate courts
(except under section 12‑2107) 100.00
Cross‑appeal by appellee (except under section
12‑2107) 100.00
Ownership of real property becomes an
issue defendant 100.00
Jurisdiction exceeded appellee
(within 20 days of filing) 100.00
Response to show cause that does one or more
of the following:
1. Requests affirmative relief or
counterrelief
2. Attacks the sufficiency of process
or the proceedings
3. Takes other affirmative action 100.00
C Initial case filing fee
Filing petition for annulment $ 149.00
Filing for dissolution/legal separation petition 149.00
Petition in formal testacy or appointment
proceeding 149.00
Application for informal probate or informal
appointment 149.00
Petition for supervised administration petition
to appoint guardian 149.00
Petition to appoint conservator or make other
protective order 149.00
Opposing petition in testacy or appointment
proceedings or appointment of guardian or
conservator 149.00
Single estate application or petition under
title 14, chapter 3, section 14‑3938 149.00
Domestic relations case for which a fee is not
specifically prescribed 149.00
D Subsequent case filing fee
Filing answer to annulment $ 74.00
Filing for dissolution/legal separation answer 74.00
Any person opposing contested petition if no
prior payment made 74.00
Postadjudication petitions in
domestic relations cases 74.00
Postjudgment activities in probate cases 74.00
E Minimum clerk fee
Filing power of attorney $ 30.00
Change of venue to another county transmittal
fee 30.00
Change of venue to another county pursuant to
section 12‑404 transmittal fee 30.00
Filing transcript and docketing judgment from
any courts 30.00
Issuance of writs of: attachment, execution,
possession, restitution, prohibition and
enforcement of order of judgment‑garnishment 30.00
Certified copy or abstract of marriage
application or license 30.00
Certificate of correctness of copy of record 30.00
Justice of peace certificate 30.00
Each certificate of clerk to any matter in
clerk's record not specifically provided 30.00
Filing any paper or performing any act for which
a fee is not specifically prescribed 30.00
Subpoena - (civil) 30.00
Research in locating a document (per year or
source researched) 30.00
Exemplification (per certification) 30.00
Authentication (per certification) 30.00
Seal a court file 30.00
Reopen a sealed court file 30.00
Retrieve bank records 30.00
Reel of film alpha index per year (plus per
page fee below) 30.00
Payment history report 30.00
Certification under one document certification 30.00
Civil traffic appeal 30.00
F Per page fee
Making copies (on appeal and on request)
per page $ .50
Making extra copies per page .50
Making photographic or photostatic copies
per page .50
Comparison fee of papers furnished by applicant
per page .50
Alpha index per page .50
G Special fees
Small claim tax case $ 24.00
Marriage license and return of a
marriage license 83.00
Postage and handling 7.00
Notary services 7.00
Stop payment on check 16.00
B. The clerk of the superior court shall receive the fees prescribed in subsection A of this section for the following services:
1. Making copies of papers and records required to be made by the clerk on appeal, and copies of papers and records in the clerk's office made on request in other cases, for each legal size page of original.
2. Making extra copies of the papers and records mentioned in paragraph 1 of this subsection, required or requested for each page of copy of such papers and records.
3. In a clerk's office, in which a photographic or photostatic method of recording is used or is available for use in cooperation with other public offices, preparing copies enumerated in paragraphs 1 and 2 of this subsection for each page of copy or fraction of a page of copy. Portions of several pages of records may be combined in one page of copy. The clerk may prepare an abstract of marriage in lieu of a reproduction of the recorded marriage license. The fee shall apply to matters whether recorded in such office by longhand, typing, electronic, photographic or photostatic methods. The fees for copies are exclusive of the fees for certification or authentication.
4. Issuing a certificate as to official capacity of a justice of the peace and affixing a seal to the certificate.
5. Each subpoena issued in a civil proceeding or filing any paper or performing any act for which a fee is not specifically prescribed by law, but the clerk shall not charge for the clerk's services in administering the oath in connection with any affidavit, petition, letters or other pleading or document that, after administration of the oath, is promptly filed by the clerk and becomes a part of a case or matter of record in the office of the clerk.
C. In addition to the fees required by subsection A of this section, the clerk shall charge and collect a surcharge of fifteen dollars for each filing of a postadjudication petition in a domestic relations case for which a fee presently is charged under class D in subsection A of this section. The surcharge shall be used exclusively to fund domestic relations education and mediation programs established pursuant to section 25‑413. Each month the clerk shall transmit the monies the clerk collects pursuant to this subsection to the county treasurer for deposit in the domestic relations education and mediation fund established by section 25‑413.
D. Excluding the monies that are collected pursuant to subsection C of this section, each month the clerk shall transmit seventy‑five percent of the monies collected for subsequent case filing fees for postadjudication petitions in domestic relations cases under class D in subsection A of this section to the county treasurer for deposit in the expedited child support and parenting time fund established pursuant to section 25‑412. The remaining twenty‑five percent of the monies collected pursuant to this subsection shall be distributed pursuant to section 12‑284.03.
E. At the commencement of each action for annulment, dissolution of marriage, legal separation, maternity or paternity, the petitioner shall pay to the clerk of the court the initial case filing fee for the action provided in subsection A of this section. At the time of filing a response, the respondent shall pay to the clerk of the court the subsequent case filing fee for the action provided in subsection A of this section. In each county where the superior court has established a conciliation court, the petitioner and respondent shall each pay to the clerk a sixty‑five dollar fee. The monies from the additional fee shall be used to carry out the purposes of the conciliation court pursuant to title 25, chapter 3, article 7.
F. In garnishment matters:
1. A fee shall not be charged for filing an affidavit seeking only the release of exempt wages.
2. A fee shall not be charged for filing a garnishee's answer, for filing a judgment against the garnishee or for the issuance or return of process incident to such a judgment.
3. For any contest relating to or any controversion of a garnishment matter, unless the contesting party has paid an appearance fee in that cause, the required appearance fee shall be paid, except that the garnishee shall not pay a clerk's fee.
G. A person who is cited to appear and defend an order to show cause shall not be charged an appearance fee. The person may stipulate to or consent to the entry of an order without the payment of an appearance fee. An appearance fee shall be paid if the person is present in person or by an attorney and does one or more of the following:
1. Requests affirmative relief or counterrelief.
2. Attacks the sufficiency of process or the proceedings.
3. Takes other affirmative action.
H. A petitioner shall not be charged a fee for requesting an order of protection pursuant to section 13‑3602 or an injunction against harassment pursuant to section 12‑1809. A defendant shall not be charged an answer fee in an order of protection action if the defendant requests a hearing pursuant to section 13‑3602, subsection I L or in an injunction against harassment action if the defendant requests a hearing pursuant to section 12‑1809, subsection H.
I. A person who files a registrar's order pursuant to section 32‑1166.06 shall not be charged a fee.
J. The clerk of the court shall charge and collect a forty‑six dollar filing fee for a petition for emancipation of a minor filed pursuant to chapter 15 of this title. Each month the clerk shall transmit the monies the clerk collects pursuant to this subsection to the county treasurer for deposit in the emancipation administrative costs fund established by section 12-2456.
K. Except for monies that are collected pursuant to subsections C, D, E and J of this section, the clerk of the superior court shall transmit monthly to the county treasurer all monies collected pursuant to this section for distribution or deposit pursuant to section 12‑284.03.
L. The supreme court may increase the fees prescribed in subsection A of this section in an amount not to exceed the percent of change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the calendar year in which the last fee increase occurred.
Sec. 7. Repeal
Section 12-284, Arizona Revised Statutes, as amended by Laws 2018, chapter 232, section 1, is repealed.
Sec. 8. Section 18-305, Arizona Revised Statutes, as amended by Laws 2017, chapter 30, section 1, is amended to read:
18-305. Reports; electronic submission; exception; posting
A. Notwithstanding any other law, state government agencies may submit all statutorily required reports and budget estimates electronically, except those required by section 35-113.
B. Each state government agency shall post all statutorily required reports and budget estimates on the state government's agency's website.
C. Each state government agency shall consult with the secretary of state to ensure that the Arizona state library, archives and public records receives an adequate number of copies of the statutorily required reports and budget estimates in a format that is agreed on for the purposes of the state archives pursuant to section 41‑151.08.
D. Each state government agency that maintains a generally accessible internet website, or for which a generally accessible website is maintained, shall include a link on that website to the website of the ombudsman-citizens aide and a statement that reads as follows: "The ombudsman-citizens aide helps citizens to resolve ongoing issues with state agencies."
Sec. 9. Repeal
Section 18-305, Arizona Revised Statutes, as amended by Laws 2019, chapter 267, section 2, is repealed.
Sec. 10. Section 28-101, Arizona Revised Statutes, as amended by Laws 2019, chapter 89, section 1 and chapter 120, section 1, is amended to read:
28-101. Definitions
In this title, unless the context otherwise requires:
1. "Alcohol" means any substance containing any form of alcohol, including ethanol, methanol, propynol and isopropynol.
2. "Alcohol concentration" if expressed as a percentage means either:
(a) The number of grams of alcohol per one hundred milliliters of blood.
(b) The number of grams of alcohol per two hundred ten liters of breath.
3. "All‑terrain vehicle" means either of the following:
(a) A motor vehicle that satisfies all of the following:
(i) Is designed primarily for recreational nonhighway all‑terrain travel.
(ii) Is fifty or fewer inches in width.
(iii) Has an unladen weight of one thousand two hundred pounds or less.
(iv) Travels on three or more nonhighway tires.
(v) Is operated on a public highway.
(b) A recreational off-highway vehicle that satisfies all of the following:
(i) Is designed primarily for recreational nonhighway all-terrain travel.
(ii) Is eighty or fewer inches in width.
(iii) Has an unladen weight of two thousand five hundred pounds or less.
(iv) Travels on four or more nonhighway tires.
(v) Has a steering wheel for steering control.
(vi) Has a rollover protective structure.
(vii) Has an occupant retention system.
4. "Authorized emergency vehicle" means any of the following:
(a) A fire department vehicle.
(b) A police vehicle.
(c) An ambulance or emergency vehicle of a municipal department or public service corporation that is designated or authorized by the department or a local authority.
(d) Any other ambulance, fire truck or rescue vehicle that is authorized by the department in its sole discretion and that meets liability insurance requirements prescribed by the department.
5. "Autocycle" means a three‑wheeled motorcycle on which the driver and passengers ride in a fully or partially enclosed seating area that is equipped with a roll cage, safety belts for each occupant and antilock brakes and that is designed to be controlled with a steering wheel and pedals.
6. "Aviation fuel" means all flammable liquids composed of a mixture of selected hydrocarbons expressly manufactured and blended for the purpose of effectively and efficiently operating an internal combustion engine for use in an aircraft but does not include fuel for jet or turbine powered aircraft.
7. "Bicycle" means a device, including a racing wheelchair, that is propelled by human power and on which a person may ride and that has either:
(a) Two tandem wheels, either of which is more than sixteen inches in diameter.
(b) Three wheels in contact with the ground, any of which is more than sixteen inches in diameter.
8. "Board" means the transportation board.
9. "Bus" means a motor vehicle designed for carrying sixteen or more passengers, including the driver.
10. "Business district" means the territory contiguous to and including a highway if there are buildings in use for business or industrial purposes within any six hundred feet along the highway, including hotels, banks or office buildings, railroad stations and public buildings that occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway.
11. "Certificate of ownership" means a paper or an electronic record that is issued in another state or a foreign jurisdiction and that indicates ownership of a vehicle.
12. "Certificate of title" means a paper document or an electronic record that is issued by the department and that indicates ownership of a vehicle.
13. "Combination of vehicles" means a truck or truck tractor and semitrailer and any trailer that it tows but does not include a forklift designed for the purpose of loading or unloading the truck, trailer or semitrailer.
14. "Controlled substance" means a substance so classified under section 102(6) of the controlled substances act (21 United States Code section 802(6)) and includes all substances listed in schedules I through V of 21 Code of Federal Regulations part 1308.
15. "Conviction" means:
(a) An unvacated adjudication of guilt or a determination that a person violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal.
(b) An unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court.
(c) A plea of guilty or no contest accepted by the court.
(d) The payment of a fine or court costs.
16. "County highway" means a public road that is constructed and maintained by a county.
17. "Dealer" means a person who is engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers and who has an established place of business and has paid fees pursuant to section 28‑4302.
18. "Department" means the department of transportation acting directly or through its duly authorized officers and agents.
19. "Digital network or software application" has the same meaning prescribed in section 28‑9551.
20. "Director" means the director of the department of transportation.
21. "Drive" means to operate or be in actual physical control of a motor vehicle.
22. "Driver" means a person who drives or is in actual physical control of a vehicle.
23. "Driver license" means a license that is issued by a state to an individual and that authorizes the individual to drive a motor vehicle.
24. "Electric bicycle" means a bicycle or tricycle that is equipped with fully operable pedals and an electric motor of less than seven hundred fifty watts and that meets the requirements of one of the following classes:
(a) "Class 1 electric bicycle" means a bicycle or tricycle that is equipped with an electric motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle or tricycle reaches the speed of twenty miles per hour.
(b) "Class 2 electric bicycle" means a bicycle or tricycle that is equipped with an electric motor that may be used exclusively to propel the bicycle or tricycle and that is not capable of providing assistance when the bicycle or tricycle reaches the speed of twenty miles per hour.
(c) "Class 3 electric bicycle" means a bicycle or tricycle that is equipped with an electric motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle or tricycle reaches the speed of twenty‑eight miles per hour.
25. "Electric miniature scooter" means a device that:
(a) Weighs less than thirty pounds.
(b) Has two or three wheels.
(c) Has handlebars.
(d) Has a floorboard on which a person may stand while riding.
(e) Is powered by an electric motor or human power, or both.
(f) Has a maximum speed that does not exceed ten miles per hour, with or without human propulsion, on a paved level surface.
26. "Electric personal assistive mobility device" means a self‑balancing device with one wheel or two nontandem wheels and an electric propulsion system that limits the maximum speed of the device to fifteen miles per hour or less and that is designed to transport only one person.
27. "Electric standup scooter":
(a) Means a device that:
(i) Weighs less than seventy‑five pounds.
(ii) Has two or three wheels.
(iii) Has handlebars.
(iv) Has a floorboard on which a person may stand while riding.
(v) Is powered by an electric motor or human power, or both.
(vi) Has a maximum speed that does not exceed twenty miles per hour, with or without human propulsion, on a paved level surface.
(b) Does not include an electric miniature scooter.
28. "Evidence" includes both of the following:
(a) A display on a wireless communication device of a department‑generated driver license, nonoperating identification license, vehicle registration card or other official record of the department that is presented to a law enforcement officer or in a court or an administrative proceeding.
(b) An electronic or digital license plate authorized pursuant to section 28‑364.
29. "Farm" means any lands primarily used for agriculture production.
30. "Farm tractor" means a motor vehicle designed and used primarily as a farm implement for drawing implements of husbandry.
31. "Foreign vehicle" means a motor vehicle, trailer or semitrailer that is brought into this state other than in the ordinary course of business by or through a manufacturer or dealer and that has not been registered in this state.
32. "Golf cart" means a motor vehicle that has not less than three wheels in contact with the ground, that has an unladen weight of less than one thousand eight hundred pounds, that is designed to be and is operated at not more than twenty‑five miles per hour and that is designed to carry not more than four persons including the driver.
33. "Hazardous material" means a material, and its mixtures or solutions, that the United States department of transportation determines under 49 Code of Federal Regulations is, or any quantity of a material listed as a select agent or toxin under 42 Code of Federal Regulations part 73 that is, capable of posing an unreasonable risk to health, safety and property if transported in commerce and that is required to be placarded or marked as required by the department's safety rules prescribed pursuant to chapter 14 of this title.
34. "Implement of husbandry" means a vehicle that is designed primarily for agricultural purposes and that is used exclusively in the conduct of agricultural operations, including an implement or vehicle whether self‑propelled or otherwise that meets both of the following conditions:
(a) Is used solely for agricultural purposes including the preparation or harvesting of cotton, alfalfa, grains and other farm crops.
(b) Is only incidentally operated or moved on a highway whether as a trailer or self‑propelled unit. For the purposes of this subdivision, "incidentally operated or moved on a highway" means travel between a farm and another part of the same farm, from one farm to another farm or between a farm and a place of repair, supply or storage.
35. "Limousine" means a motor vehicle providing prearranged ground transportation service for an individual passenger, or a group of passengers, that is arranged in advance or is operated on a regular route or between specified points and includes ground transportation under a contract or agreement for services that includes a fixed rate or time and is provided in a motor vehicle with a seating capacity not exceeding fifteen passengers including the driver.
36. "Livery vehicle" means a motor vehicle that:
(a) Has a seating capacity not exceeding fifteen passengers including the driver.
(b) Provides passenger services for a fare determined by a flat rate or flat hourly rate between geographic zones or within a geographic area.
(c) Is available for hire on an exclusive or shared ride basis.
(d) May do any of the following:
(i) Operate on a regular route or between specified places.
(ii) Offer prearranged ground transportation service as defined in section 28‑141.
(iii) Offer on demand ground transportation service pursuant to a contract with a public airport, licensed business entity or organization.
37. "Local authority" means any county, municipal or other local board or body exercising jurisdiction over highways under the constitution and laws of this state.
38. "Manufacturer" means a person engaged in the business of manufacturing motor vehicles, trailers or semitrailers.
39. "Moped" means a bicycle, not including an electric bicycle, an electric miniature scooter or an electric standup scooter, that is equipped with a helper motor if the vehicle has a maximum piston displacement of fifty cubic centimeters or less, a brake horsepower of one and one‑half or less and a maximum speed of twenty‑five miles per hour or less on a flat surface with less than a one percent grade.
40. "Motorcycle" means a motor vehicle that has a seat or saddle for the use of the rider and that is designed to travel on not more than three wheels in contact with the ground but excludes a tractor, an electric bicycle, an electric miniature scooter, an electric standup scooter and a moped.
41. "Motor driven cycle" means a motorcycle, including every motor scooter, with a motor that produces not more than five horsepower but does not include an electric bicycle, an electric miniature scooter or an electric standup scooter.
42. "Motorized quadricycle" means a self‑propelled motor vehicle to which all of the following apply:
(a) The vehicle is self‑propelled by an emission‑free electric motor and may include pedals operated by the passengers.
(b) The vehicle has at least four wheels in contact with the ground.
(c) The vehicle seats at least eight passengers, including the driver.
(d) The vehicle is operable on a flat surface using solely the electric motor without assistance from the pedals or passengers.
(e) The vehicle is a commercial motor vehicle as defined in section 28‑5201.
(f) The vehicle is a limousine operating under a vehicle for hire company permit issued pursuant to section 28‑9503.
(g) The vehicle is manufactured by a motor vehicle manufacturer that is licensed pursuant to chapter 10 of this title.
(h) The vehicle complies with the definition and standards for low‑speed vehicles set forth in federal motor vehicle safety standard 500 and 49 Code of Federal Regulations sections 571.3(b) and 571.500, respectively.
43. "Motor vehicle":
(a) Means either:
(i) A self‑propelled vehicle.
(ii) For the purposes of the laws relating to the imposition of a tax on motor vehicle fuel, a vehicle that is operated on the highways of this state and that is propelled by the use of motor vehicle fuel.
(b) Does not include a personal delivery device, a personal mobile cargo carrying device, a motorized wheelchair, an electric personal assistive mobility device, an electric bicycle, an electric miniature scooter, an electric standup scooter or a motorized skateboard. For the purposes of this subdivision:
(i) "Motorized skateboard" means a self‑propelled device that does not have handlebars and that has a motor, a deck on which a person may ride and at least two tandem wheels in contact with the ground.
(ii) "Motorized wheelchair" means a self‑propelled wheelchair that is used by a person for mobility.
44. "Motor vehicle fuel" includes all products that are commonly or commercially known or sold as gasoline, including casinghead gasoline, natural gasoline and all flammable liquids, and that are composed of a mixture of selected hydrocarbons expressly manufactured and blended for the purpose of effectively and efficiently operating internal combustion engines. Motor vehicle fuel does not include inflammable liquids that are specifically manufactured for racing motor vehicles and that are distributed for and used by racing motor vehicles at a racetrack, use fuel as defined in section 28‑5601, aviation fuel, fuel for jet or turbine powered aircraft or the mixture created at the interface of two different substances being transported through a pipeline, commonly known as transmix.
45. "Neighborhood electric vehicle" means a self‑propelled electrically powered motor vehicle to which all of the following apply:
(a) The vehicle is emission free.
(b) The vehicle has at least four wheels in contact with the ground.
(c) The vehicle complies with the definition and standards for low‑speed vehicles set forth in federal motor vehicle safety standard 500 and 49 Code of Federal Regulations sections 571.3(b) and 571.500, respectively.
46. "Nonresident" means a person who is not a resident of this state as defined in section 28‑2001.
47. "Off‑road recreational motor vehicle" means a motor vehicle that is designed primarily for recreational nonhighway all‑terrain travel and that is not operated on a public highway. Off‑road recreational motor vehicle does not mean a motor vehicle used for construction, building trade, mining or agricultural purposes.
48. "Operator" means a person who drives a motor vehicle on a highway, who is in actual physical control of a motor vehicle on a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.
49. "Owner" means:
(a) A person who holds the legal title of a vehicle.
(b) If a vehicle is the subject of an agreement for the conditional sale or lease with the right of purchase on performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, the conditional vendee or lessee.
(c) If a mortgagor of a vehicle is entitled to possession of the vehicle, the mortgagor.
50. "Pedestrian" means any person afoot. A person who uses an electric personal assistive mobility device or a manual or motorized wheelchair is considered a pedestrian unless the manual wheelchair qualifies as a bicycle. For the purposes of this paragraph, "motorized wheelchair" means a self‑propelled wheelchair that is used by a person for mobility.
51. "Personal delivery device":
(a) Means an electronically powered device that:
(i) Is operated primarily on sidewalks and within crosswalks and that is designed to transport property.
(ii) Weighs less than two hundred pounds, excluding cargo, unless otherwise authorized by a local authority pursuant to section 28‑627.
(iii) Operates at a maximum speed of seven miles per hour, unless otherwise authorized by a local authority pursuant to section 28‑627.
(iv) Is equipped with technology to allow for the operation of the device with or without the active control or monitoring of a natural person.
(v) Is equipped with a braking system that when active or engaged enables the personal delivery device to come to a controlled stop.
(b) Does not include a personal mobile cargo carrying device.
52. 51. "Personal mobile cargo carrying device" means an electronically powered device that:
(a) Is operated primarily on sidewalks and within crosswalks and that is designed to transport property.
(b) Weighs less than eighty pounds, excluding cargo.
(c) Operates at a maximum speed of twelve miles per hour.
(d) Is equipped with technology to transport personal property with the active monitoring of a property owner and that is primarily designed to remain within twenty‑five feet of the property owner.
(e) Is equipped with a braking system that when active or engaged enables the personal mobile cargo carrying device to come to a controlled stop.
53. 52. "Power sweeper" means an implement, with or without motive power, that is only incidentally operated or moved on a street or highway and that is designed for the removal of debris, dirt, gravel, litter or sand whether by broom, vacuum or regenerative air system from asphaltic concrete or cement concrete surfaces, including parking lots, highways, streets and warehouses, and a vehicle on which the implement is permanently mounted.
54. 53. "Public transit" means the transportation of passengers on scheduled routes by means of a conveyance on an individual passenger fare‑paying basis excluding transportation by a sightseeing bus, school bus or taxi or a vehicle not operated on a scheduled route basis.
55. 54. "Reconstructed vehicle" means a vehicle that has been assembled or constructed largely by means of essential parts, new or used, derived from vehicles or makes of vehicles of various names, models and types or that, if originally otherwise constructed, has been materially altered by the removal of essential parts or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles. For the purposes of this paragraph, "essential parts" means integral and body parts, the removal, alteration or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle.
56. 55. "Residence district" means the territory contiguous to and including a highway not comprising a business district if the property on the highway for a distance of three hundred feet or more is in the main improved with residences or residences and buildings in use for business.
57. 56. "Right‑of‑way" when used within the context of the regulation of the movement of traffic on a highway means the privilege of the immediate use of the highway. Right‑of‑way when used within the context of the real property on which transportation facilities and appurtenances to the facilities are constructed or maintained means the lands or interest in lands within the right‑of‑way boundaries.
58. 57. "School bus" means a motor vehicle that is designed for carrying more than ten passengers and that is either:
(a) Owned by any public or governmental agency or other institution and operated for the transportation of children to or from home or school on a regularly scheduled basis.
(b) Privately owned and operated for compensation for the transportation of children to or from home or school on a regularly scheduled basis.
59. 58. "Semitrailer" means a vehicle that is with or without motive power, other than a pole trailer or single‑axle tow dolly, that is designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. For the purposes of this paragraph, "pole trailer" has the same meaning prescribed in section 28‑601.
60. 59. "Single‑axle tow dolly" means a nonvehicle device that is drawn by a motor vehicle, that is designed and used exclusively to transport another motor vehicle and on which the front or rear wheels of the drawn motor vehicle are mounted on the tow dolly while the other wheels of the drawn motor vehicle remain in contact with the ground.
61. 60. "State" means a state of the United States and the District of Columbia.
62. 61. "State highway" means a state route or portion of a state route that is accepted and designated by the board as a state highway and that is maintained by the state.
63. 62. "State route" means a right‑of‑way whether actually used as a highway or not that is designated by the board as a location for the construction of a state highway.
64. 63. "Street" or "highway" means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel.
65. 64. "Taxi" means a motor vehicle that has a seating capacity not exceeding fifteen passengers, including the driver, that provides passenger services and that:
(a) Does not primarily operate on a regular route or between specified places.
(b) Offers local transportation for a fare determined on the basis of the distance traveled or prearranged ground transportation service as defined in section 28‑141 for a predetermined fare.
66. 65. "Title transfer form" means a paper or an electronic form that is prescribed by the department for the purpose of transferring a certificate of title from one owner to another owner.
67. 66. "Traffic survival school" means a school that offers educational sessions to drivers who are required to attend and successfully complete educational sessions pursuant to this title that are designed to improve the safety and habits of drivers and that are approved by the department.
68. 67. "Trailer" means a vehicle that is with or without motive power, other than a pole trailer or single‑axle tow dolly, that is designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed so that no part of its weight rests on the towing vehicle. A semitrailer equipped with an auxiliary front axle commonly known as a dolly is deemed to be a trailer. For the purposes of this paragraph, "pole trailer" has the same meaning prescribed in section 28‑601.
69. 68. "Transportation network company" has the same meaning prescribed in section 28‑9551.
70. 69. "Transportation network company vehicle" has the same meaning prescribed in section 28‑9551.
71. 70. "Transportation network service" has the same meaning prescribed in section 28‑9551.
72. 71. "Truck" means a motor vehicle designed or used primarily for the carrying of property other than the effects of the driver or passengers and includes a motor vehicle to which has been added a box, a platform or other equipment for such carrying.
73. 72. "Truck tractor" means a motor vehicle that is designed and used primarily for drawing other vehicles and that is not constructed to carry a load other than a part of the weight of the vehicle and load drawn.
74. 73. "Vehicle":
(a) Means a device in, on or by which a person or property is or may be transported or drawn on a public highway.
(b) Does not include:
(i) Electric bicycles, electric miniature scooters, electric standup scooters and devices moved by human power.
(ii) Devices used exclusively on stationary rails or tracks.
(iii) Personal delivery devices.
(iv) (iii) Personal mobile cargo carrying devices.
75. 74. "Vehicle transporter" means either:
(a) A truck tractor capable of carrying a load and drawing a semitrailer.
(b) A truck tractor with a stinger‑steered fifth wheel capable of carrying a load and drawing a semitrailer or a truck tractor with a dolly mounted fifth wheel that is securely fastened to the truck tractor at two or more points and that is capable of carrying a load and drawing a semitrailer.
Sec. 11. Section 28-101, Arizona Revised Statutes, as amended by Laws 2019, chapter 89, section 3 and chapter 120, section 3, is amended to read:
28-101. Definitions
In this title, unless the context otherwise requires:
1. "Alcohol" means any substance containing any form of alcohol, including ethanol, methanol, propynol and isopropynol.
2. "Alcohol concentration" if expressed as a percentage means either:
(a) The number of grams of alcohol per one hundred milliliters of blood.
(b) The number of grams of alcohol per two hundred ten liters of breath.
3. "All‑terrain vehicle" means either of the following:
(a) A motor vehicle that satisfies all of the following:
(i) Is designed primarily for recreational nonhighway all‑terrain travel.
(ii) Is fifty or fewer inches in width.
(iii) Has an unladen weight of one thousand two hundred pounds or less.
(iv) Travels on three or more nonhighway tires.
(v) Is operated on a public highway.
(b) A recreational off-highway vehicle that satisfies all of the following:
(i) Is designed primarily for recreational nonhighway all-terrain travel.
(ii) Is eighty or fewer inches in width.
(iii) Has an unladen weight of two thousand five hundred pounds or less.
(iv) Travels on four or more nonhighway tires.
(v) Has a steering wheel for steering control.
(vi) Has a rollover protective structure.
(vii) Has an occupant retention system.
4. "Authorized emergency vehicle" means any of the following:
(a) A fire department vehicle.
(b) A police vehicle.
(c) An ambulance or emergency vehicle of a municipal department or public service corporation that is designated or authorized by the department or a local authority.
(d) Any other ambulance, fire truck or rescue vehicle that is authorized by the department in its sole discretion and that meets liability insurance requirements prescribed by the department.
5. "Autocycle" means a three‑wheeled motorcycle on which the driver and passengers ride in a fully or partially enclosed seating area that is equipped with a roll cage, safety belts for each occupant and antilock brakes and that is designed to be controlled with a steering wheel and pedals.
6. "Automotive recycler" means a person that is engaged in the business of buying or acquiring a motor vehicle solely for the purpose of dismantling, selling or otherwise disposing of the parts or accessories and that removes parts for resale from six or more vehicles in a calendar year.
7. "Aviation fuel" means all flammable liquids composed of a mixture of selected hydrocarbons expressly manufactured and blended for the purpose of effectively and efficiently operating an internal combustion engine for use in an aircraft but does not include fuel for jet or turbine powered aircraft.
8. "Bicycle" means a device, including a racing wheelchair, that is propelled by human power and on which a person may ride and that has either:
(a) Two tandem wheels, either of which is more than sixteen inches in diameter.
(b) Three wheels in contact with the ground, any of which is more than sixteen inches in diameter.
9. "Board" means the transportation board.
10. "Bus" means a motor vehicle designed for carrying sixteen or more passengers, including the driver.
11. "Business district" means the territory contiguous to and including a highway if there are buildings in use for business or industrial purposes within any six hundred feet along the highway, including hotels, banks or office buildings, railroad stations and public buildings that occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway.
12. "Certificate of ownership" means a paper or an electronic record that is issued in another state or a foreign jurisdiction and that indicates ownership of a vehicle.
13. "Certificate of title" means a paper document or an electronic record that is issued by the department and that indicates ownership of a vehicle.
14. "Combination of vehicles" means a truck or truck tractor and semitrailer and any trailer that it tows but does not include a forklift designed for the purpose of loading or unloading the truck, trailer or semitrailer.
15. "Controlled substance" means a substance so classified under section 102(6) of the controlled substances act (21 United States Code section 802(6)) and includes all substances listed in schedules I through V of 21 Code of Federal Regulations part 1308.
16. "Conviction" means:
(a) An unvacated adjudication of guilt or a determination that a person violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal.
(b) An unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court.
(c) A plea of guilty or no contest accepted by the court.
(d) The payment of a fine or court costs.
17. "County highway" means a public road that is constructed and maintained by a county.
18. "Dealer" means a person who is engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers and who has an established place of business and has paid fees pursuant to section 28‑4302.
19. "Department" means the department of transportation acting directly or through its duly authorized officers and agents.
20. "Digital network or software application" has the same meaning prescribed in section 28‑9551.
21. "Director" means the director of the department of transportation.
22. "Drive" means to operate or be in actual physical control of a motor vehicle.
23. "Driver" means a person who drives or is in actual physical control of a vehicle.
24. "Driver license" means a license that is issued by a state to an individual and that authorizes the individual to drive a motor vehicle.
25. "Electric bicycle" means a bicycle or tricycle that is equipped with fully operable pedals and an electric motor of less than seven hundred fifty watts and that meets the requirements of one of the following classes:
(a) "Class 1 electric bicycle" means a bicycle or tricycle that is equipped with an electric motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle or tricycle reaches the speed of twenty miles per hour.
(b) "Class 2 electric bicycle" means a bicycle or tricycle that is equipped with an electric motor that may be used exclusively to propel the bicycle or tricycle and that is not capable of providing assistance when the bicycle or tricycle reaches the speed of twenty miles per hour.
(c) "Class 3 electric bicycle" means a bicycle or tricycle that is equipped with an electric motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle or tricycle reaches the speed of twenty‑eight miles per hour.
26. "Electric miniature scooter" means a device that:
(a) Weighs less than thirty pounds.
(b) Has two or three wheels.
(c) Has handlebars.
(d) Has a floorboard on which a person may stand while riding.
(e) Is powered by an electric motor or human power, or both.
(f) Has a maximum speed that does not exceed ten miles per hour, with or without human propulsion, on a paved level surface.
27. "Electric personal assistive mobility device" means a self‑balancing device with one wheel or two nontandem wheels and an electric propulsion system that limits the maximum speed of the device to fifteen miles per hour or less and that is designed to transport only one person.
28. "Electric standup scooter":
(a) Means a device that:
(i) Weighs less than seventy‑five pounds.
(ii) Has two or three wheels.
(iii) Has handlebars.
(iv) Has a floorboard on which a person may stand while riding.
(v) Is powered by an electric motor or human power, or both.
(vi) Has a maximum speed that does not exceed twenty miles per hour, with or without human propulsion, on a paved level surface.
(b) Does not include an electric miniature scooter.
29. "Evidence" includes both of the following:
(a) A display on a wireless communication device of a department‑generated driver license, nonoperating identification license, vehicle registration card or other official record of the department that is presented to a law enforcement officer or in a court or an administrative proceeding.
(b) An electronic or digital license plate authorized pursuant to section 28-364.
30. "Farm" means any lands primarily used for agriculture production.
31. "Farm tractor" means a motor vehicle designed and used primarily as a farm implement for drawing implements of husbandry.
32. "Foreign vehicle" means a motor vehicle, trailer or semitrailer that is brought into this state other than in the ordinary course of business by or through a manufacturer or dealer and that has not been registered in this state.
33. "Golf cart" means a motor vehicle that has not less than three wheels in contact with the ground, that has an unladen weight of less than one thousand eight hundred pounds, that is designed to be and is operated at not more than twenty‑five miles per hour and that is designed to carry not more than four persons including the driver.
34. "Hazardous material" means a material, and its mixtures or solutions, that the United States department of transportation determines under 49 Code of Federal Regulations is, or any quantity of a material listed as a select agent or toxin under 42 Code of Federal Regulations part 73 that is, capable of posing an unreasonable risk to health, safety and property if transported in commerce and that is required to be placarded or marked as required by the department's safety rules prescribed pursuant to chapter 14 of this title.
35. "Implement of husbandry" means a vehicle that is designed primarily for agricultural purposes and that is used exclusively in the conduct of agricultural operations, including an implement or vehicle whether self‑propelled or otherwise that meets both of the following conditions:
(a) Is used solely for agricultural purposes including the preparation or harvesting of cotton, alfalfa, grains and other farm crops.
(b) Is only incidentally operated or moved on a highway whether as a trailer or self‑propelled unit. For the purposes of this subdivision, "incidentally operated or moved on a highway" means travel between a farm and another part of the same farm, from one farm to another farm or between a farm and a place of repair, supply or storage.
36. "Limousine" means a motor vehicle providing prearranged ground transportation service for an individual passenger, or a group of passengers, that is arranged in advance or is operated on a regular route or between specified points and includes ground transportation under a contract or agreement for services that includes a fixed rate or time and is provided in a motor vehicle with a seating capacity not exceeding fifteen passengers including the driver.
37. "Livery vehicle" means a motor vehicle that:
(a) Has a seating capacity not exceeding fifteen passengers including the driver.
(b) Provides passenger services for a fare determined by a flat rate or flat hourly rate between geographic zones or within a geographic area.
(c) Is available for hire on an exclusive or shared ride basis.
(d) May do any of the following:
(i) Operate on a regular route or between specified places.
(ii) Offer prearranged ground transportation service as defined in section 28‑141.
(iii) Offer on demand ground transportation service pursuant to a contract with a public airport, licensed business entity or organization.
38. "Local authority" means any county, municipal or other local board or body exercising jurisdiction over highways under the constitution and laws of this state.
39. "Manufacturer" means a person engaged in the business of manufacturing motor vehicles, trailers or semitrailers.
40. "Moped" means a bicycle, not including an electric bicycle, an electric miniature scooter or an electric standup scooter, that is equipped with a helper motor if the vehicle has a maximum piston displacement of fifty cubic centimeters or less, a brake horsepower of one and one‑half or less and a maximum speed of twenty‑five miles per hour or less on a flat surface with less than a one percent grade.
41. "Motorcycle" means a motor vehicle that has a seat or saddle for the use of the rider and that is designed to travel on not more than three wheels in contact with the ground but excludes a tractor, an electric bicycle, an electric miniature scooter, an electric standup scooter and a moped.
42. "Motor driven cycle" means a motorcycle, including every motor scooter, with a motor that produces not more than five horsepower but does not include an electric bicycle, an electric miniature scooter or an electric standup scooter.
43. "Motorized quadricycle" means a self-propelled motor vehicle to which all of the following apply:
(a) The vehicle is self-propelled by an emission-free electric motor and may include pedals operated by the passengers.
(b) The vehicle has at least four wheels in contact with the ground.
(c) The vehicle seats at least eight passengers, including the driver.
(d) The vehicle is operable on a flat surface using solely the electric motor without assistance from the pedals or passengers.
(e) The vehicle is a commercial motor vehicle as defined in section 28‑5201.
(f) The vehicle is a limousine operating under a vehicle for hire company permit issued pursuant to section 28‑9503.
(g) The vehicle is manufactured by a motor vehicle manufacturer that is licensed pursuant to chapter 10 of this title.
(h) The vehicle complies with the definition and standards for low‑speed vehicles set forth in federal motor vehicle safety standard 500 and 49 Code of Federal Regulations sections 571.3(b) and 571.500, respectively.
44. "Motor vehicle":
(a) Means either:
(i) A self‑propelled vehicle.
(ii) For the purposes of the laws relating to the imposition of a tax on motor vehicle fuel, a vehicle that is operated on the highways of this state and that is propelled by the use of motor vehicle fuel.
(b) Does not include a scrap vehicle, a personal delivery device, a personal mobile cargo carrying device, a motorized wheelchair, an electric personal assistive mobility device, an electric bicycle, an electric miniature scooter, an electric standup scooter or a motorized skateboard. For the purposes of this subdivision:
(i) "Motorized skateboard" means a self‑propelled device that does not have handlebars and that has a motor, a deck on which a person may ride and at least two tandem wheels in contact with the ground.
(ii) "Motorized wheelchair" means a self‑propelled wheelchair that is used by a person for mobility.
45. "Motor vehicle fuel" includes all products that are commonly or commercially known or sold as gasoline, including casinghead gasoline, natural gasoline and all flammable liquids, and that are composed of a mixture of selected hydrocarbons expressly manufactured and blended for the purpose of effectively and efficiently operating internal combustion engines. Motor vehicle fuel does not include inflammable liquids that are specifically manufactured for racing motor vehicles and that are distributed for and used by racing motor vehicles at a racetrack, use fuel as defined in section 28‑5601, aviation fuel, fuel for jet or turbine powered aircraft or the mixture created at the interface of two different substances being transported through a pipeline, commonly known as transmix.
46. "Neighborhood electric vehicle" means a self‑propelled electrically powered motor vehicle to which all of the following apply:
(a) The vehicle is emission free.
(b) The vehicle has at least four wheels in contact with the ground.
(c) The vehicle complies with the definition and standards for low‑speed vehicles set forth in federal motor vehicle safety standard 500 and 49 Code of Federal Regulations sections 571.3(b) and 571.500, respectively.
47. "Nonresident" means a person who is not a resident of this state as defined in section 28‑2001.
48. "Off‑road recreational motor vehicle" means a motor vehicle that is designed primarily for recreational nonhighway all‑terrain travel and that is not operated on a public highway. Off‑road recreational motor vehicle does not mean a motor vehicle used for construction, building trade, mining or agricultural purposes.
49. "Operator" means a person who drives a motor vehicle on a highway, who is in actual physical control of a motor vehicle on a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.
50. "Owner" means:
(a) A person who holds the legal title of a vehicle.
(b) If a vehicle is the subject of an agreement for the conditional sale or lease with the right of purchase on performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, the conditional vendee or lessee.
(c) If a mortgagor of a vehicle is entitled to possession of the vehicle, the mortgagor.
51. "Pedestrian" means any person afoot. A person who uses an electric personal assistive mobility device or a manual or motorized wheelchair is considered a pedestrian unless the manual wheelchair qualifies as a bicycle. For the purposes of this paragraph, "motorized wheelchair" means a self‑propelled wheelchair that is used by a person for mobility.
52. "Personal delivery device":
(a) Means an electronically powered device that:
(i) Is operated primarily on sidewalks and within crosswalks and that is designed to transport property.
(ii) Weighs less than two hundred pounds, excluding cargo, unless otherwise authorized by a local authority pursuant to section 28‑627.
(iii) Operates at a maximum speed of seven miles per hour, unless otherwise authorized by a local authority pursuant to section 28‑627.
(iv) Is equipped with technology to allow for the operation of the device with or without the active control or monitoring of a natural person.
(v) Is equipped with a braking system that when active or engaged enables the personal delivery device to come to a controlled stop.
(b) Does not include a personal mobile cargo carrying device.
53. 52. "Personal mobile cargo carrying device" means an electronically powered device that:
(a) Is operated primarily on sidewalks and within crosswalks and that is designed to transport property.
(b) Weighs less than eighty pounds, excluding cargo.
(c) Operates at a maximum speed of twelve miles per hour.
(d) Is equipped with technology to transport personal property with the active monitoring of a property owner and that is primarily designed to remain within twenty‑five feet of the property owner.
(e) Is equipped with a braking system that when active or engaged enables the personal mobile cargo carrying device to come to a controlled stop.
54. 53. "Power sweeper" means an implement, with or without motive power, that is only incidentally operated or moved on a street or highway and that is designed for the removal of debris, dirt, gravel, litter or sand whether by broom, vacuum or regenerative air system from asphaltic concrete or cement concrete surfaces, including parking lots, highways, streets and warehouses, and a vehicle on which the implement is permanently mounted.
55. 54. "Public transit" means the transportation of passengers on scheduled routes by means of a conveyance on an individual passenger fare‑paying basis excluding transportation by a sightseeing bus, school bus or taxi or a vehicle not operated on a scheduled route basis.
56. 55. "Reconstructed vehicle" means a vehicle that has been assembled or constructed largely by means of essential parts, new or used, derived from vehicles or makes of vehicles of various names, models and types or that, if originally otherwise constructed, has been materially altered by the removal of essential parts or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles. For the purposes of this paragraph, "essential parts" means integral and body parts, the removal, alteration or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle.
57. 56. "Residence district" means the territory contiguous to and including a highway not comprising a business district if the property on the highway for a distance of three hundred feet or more is in the main improved with residences or residences and buildings in use for business.
58. 57. "Right‑of‑way" when used within the context of the regulation of the movement of traffic on a highway means the privilege of the immediate use of the highway. Right‑of‑way when used within the context of the real property on which transportation facilities and appurtenances to the facilities are constructed or maintained means the lands or interest in lands within the right‑of‑way boundaries.
59. 58. "School bus" means a motor vehicle that is designed for carrying more than ten passengers and that is either:
(a) Owned by any public or governmental agency or other institution and operated for the transportation of children to or from home or school on a regularly scheduled basis.
(b) Privately owned and operated for compensation for the transportation of children to or from home or school on a regularly scheduled basis.
60. 59. "Scrap metal dealer" has the same meaning prescribed in section 44‑1641.
61. 60. "Scrap vehicle" has the same meaning prescribed in section 44‑1641.
62. 61. "Semitrailer" means a vehicle that is with or without motive power, other than a pole trailer or single‑axle tow dolly, that is designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. For the purposes of this paragraph, "pole trailer" has the same meaning prescribed in section 28‑601.
63. 62. "Single‑axle tow dolly" means a nonvehicle device that is drawn by a motor vehicle, that is designed and used exclusively to transport another motor vehicle and on which the front or rear wheels of the drawn motor vehicle are mounted on the tow dolly while the other wheels of the drawn motor vehicle remain in contact with the ground.
64. 63. "State" means a state of the United States and the District of Columbia.
65. 64. "State highway" means a state route or portion of a state route that is accepted and designated by the board as a state highway and that is maintained by the state.
66. 65. "State route" means a right‑of‑way whether actually used as a highway or not that is designated by the board as a location for the construction of a state highway.
67. 66. "Street" or "highway" means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel.
68. 67. "Taxi" means a motor vehicle that has a seating capacity not exceeding fifteen passengers, including the driver, that provides passenger services and that:
(a) Does not primarily operate on a regular route or between specified places.
(b) Offers local transportation for a fare determined on the basis of the distance traveled or prearranged ground transportation service as defined in section 28‑141 for a predetermined fare.
69. 68. "Title transfer form" means a paper or an electronic form that is prescribed by the department for the purpose of transferring a certificate of title from one owner to another owner.
70. 69. "Traffic survival school" means a school that offers educational sessions to drivers who are required to attend and successfully complete educational sessions pursuant to this title that are designed to improve the safety and habits of drivers and that are approved by the department.
71. 70. "Trailer" means a vehicle that is with or without motive power, other than a pole trailer or single‑axle tow dolly, that is designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed so that no part of its weight rests on the towing vehicle. A semitrailer equipped with an auxiliary front axle commonly known as a dolly is deemed to be a trailer. For the purposes of this paragraph, "pole trailer" has the same meaning prescribed in section 28‑601.
72. 71. "Transportation network company" has the same meaning prescribed in section 28‑9551.
73. 72. "Transportation network company vehicle" has the same meaning prescribed in section 28‑9551.
74. 73. "Transportation network service" has the same meaning prescribed in section 28‑9551.
75. 74. "Truck" means a motor vehicle designed or used primarily for the carrying of property other than the effects of the driver or passengers and includes a motor vehicle to which has been added a box, a platform or other equipment for such carrying.
76. 75. "Truck tractor" means a motor vehicle that is designed and used primarily for drawing other vehicles and that is not constructed to carry a load other than a part of the weight of the vehicle and load drawn.
77. 76. "Vehicle":
(a) Means a device in, on or by which a person or property is or may be transported or drawn on a public highway.
(b) Does not include:
(i) Electric bicycles, electric miniature scooters, electric standup scooters and devices moved by human power.
(ii) Devices used exclusively on stationary rails or tracks.
(iii) Personal delivery devices.
(iv) (iii) Scrap vehicles.
(v) (iv) Personal mobile cargo carrying devices.
78. 77. "Vehicle transporter" means either:
(a) A truck tractor capable of carrying a load and drawing a semitrailer.
(b) A truck tractor with a stinger‑steered fifth wheel capable of carrying a load and drawing a semitrailer or a truck tractor with a dolly mounted fifth wheel that is securely fastened to the truck tractor at two or more points and that is capable of carrying a load and drawing a semitrailer.
Sec. 12. Repeal
Section 28-101, Arizona Revised Statutes, as amended by Laws 2019, chapter 89, section 2 and chapter 120, section 2, is repealed.
Sec. 13. Section 28-672, Arizona Revised Statutes, as amended by Laws 2019, chapter 112, section 1 and chapter 153, section 1, is amended to read:
28-672. Causing serious physical injury or death by a moving violation; time limitation; penalties; violation; classification; definition
A. A person is guilty of causing serious physical injury or death by a moving violation if the person violates any one of the following and the violation results in an accident causing serious physical injury or death to another person:
1. Section 28‑645, subsection A, paragraph 3, subdivision (a).
2. Section 28-710.
2. 3. Section 28‑729.
3. 4. Section 28‑771.
4. 5. Section 28‑772.
5. 6. Section 28‑773.
6. 7. Section 28‑792.
7. 8. Section 28‑794.
8. 9. Section 28‑797, subsection F, G, H or I.
9. 10. Section 28‑855, subsection B.
10. 11. Section 28‑857, subsection A.
11. 12. Section 28‑914.
B. A person who violates this section shall attend and successfully complete traffic survival school educational sessions that are designed to improve the safety and habits of drivers and that are approved by the department. In addition, the court may order the person to perform community restitution.
C. The court shall report a conviction for a violation of this section to the department and:
1. For a first violation of this section, shall direct the department to suspend the person's driving privilege or restrict the person's driving privilege as described in section 28‑144 for at least ninety days and not more than one hundred eighty days if the violation results in serious physical injury and at least one hundred eighty days and not more than one year if the violation results in death.
2. For a second or subsequent violation of this section within a period of thirty‑six months, shall direct the department to suspend the person's driving privilege for one hundred eighty days if the violation results in serious physical injury and one year if the violation results in death.
D. If a person's driving privilege is suspended pursuant to any other statute because of an incident involving a violation of this section, the suspension period prescribed in subsection C of this section shall run consecutively with the other suspension period.
E. If a person fails to successfully complete traffic survival school educational sessions or perform community restitution pursuant to this section, the court shall notify the department and the department shall promptly suspend the driver license or permit of the driver or the privilege of a nonresident to drive a motor vehicle in this state until the order is satisfied.
F. If the person who suffers serious physical injury as a result of a violation of this section appears before the court in which the action is pending at any time before trial and acknowledges receipt of satisfaction for the injury, on payment of the costs incurred, the court shall order that the prosecution be dismissed and the defendant be discharged. The reasons for the order shall be set forth and entered of record, and the order shall be a bar to another prosecution for the same offense.
G. Restitution awarded pursuant to section 13‑603 as a result of a violation of this section shall not exceed $100,000.
H. A prosecution for a violation of this section must be commenced within two years after actual discovery of the offense by the state or the political subdivision having jurisdiction or discovery by the state or the political subdivision that should have occurred with the exercise of reasonable diligence, whichever first occurs.
I. A person who violates this section is guilty of a class 1 misdemeanor.
J. For the purposes of this section, "serious physical injury" has the same meaning prescribed in section 13‑105.
Sec. 14. Repeal
Section 28-672, Arizona Revised Statutes, as amended by Laws 2019, chapter 255, section 1, is repealed.
Sec. 15. Section 28-2153, Arizona Revised Statutes, as amended by Laws 2018, chapter 9, section 3, chapter 147, section 3 and chapter 306, section 8, is amended to read:
28-2153. Registration requirement; exceptions; assessment; violation; classification
A. A person shall not operate, move or leave standing on a highway a motor vehicle, trailer or semitrailer unless the motor vehicle, trailer or semitrailer has been registered with the department for the current registration year or is properly registered for the current registration year by the state or country of which the owner or lessee is a resident.
B. A resident shall not operate, move or leave standing on a highway a motor vehicle, trailer or semitrailer that is:
1. Owned by a nonresident and that is primarily under the control of a resident of this state for more than seven months unless the motor vehicle, trailer or semitrailer has been registered with the department for the current registration year.
2. Leased by the resident for more than twenty‑nine days unless the motor vehicle, trailer or semitrailer has been registered with the department for the current registration year.
C. This section applies to a trailer or semitrailer without motive power unless the vehicle is disabled or is being towed as an abandoned vehicle at the direction of a law enforcement agency.
D. This section does not apply to:
1. A farm tractor.
2. A trailer used solely in the operation of a farm for transporting the unprocessed fiber or forage products of a farm or any implement of husbandry designed primarily for or used in agricultural operations and only incidentally operated or moved on a highway.
3. A road roller or road machinery, including a power sweeper, that is temporarily operating or moved on the highway.
4. An owner permitted to operate a vehicle under special provisions relating to lienholders, manufacturers, dealers and nonresidents.
5. Motorized or nonmotorized equipment designed primarily for and used in mining operations and only incidentally operated or moved on a highway.
6. A motor vehicle that is being towed by a tow truck that has been registered and for which a permit has been obtained pursuant to section 28‑1108.
7. A golf cart used in the operation of a golf course or only incidentally operated or moved on a highway.
8. Wheeled equipment. For the purposes of this paragraph, "wheeled equipment" means:
(a) A compressor.
(b) A forklift or a hay squeeze machine that is designed to load hay in an off‑road situation.
(c) A portable cement mixer.
(d) A single axle tow dolly.
(e) A tar pot.
(f) A water trailer used for watering livestock or for agricultural or domestic purposes.
(g) A welder.
(h) Any other similar item designed and used primarily for construction or building trade purposes.
9. An all‑terrain vehicle or an off‑road recreational motor vehicle operating on a dirt road that is located in an unincorporated area of this state. For the purposes of this paragraph, "dirt road" means an unpaved or ungraveled road that is not maintained by this state or a city, town or county of this state.
10. A person operating an off‑highway vehicle who is participating in an off‑highway vehicle special event as defined in section 28‑1171.
11. An all-terrain vehicle or an off-highway vehicle as defined in section 28‑1171 that is only incidentally operated or moved on a highway.
12. A personal delivery device.
E. A person who owns or operates a trailer that is exempt from registration pursuant to subsection D, paragraph 2 of this section shall notify the county assessor of the exemption, and the assessor shall assess the trailer. A person who violates this subsection is guilty of a class 2 misdemeanor.
Sec. 16. Repeal
Section 28-2153, Arizona Revised Statutes, as amended by Laws 2018, chapter 306, section 9, is repealed.
Sec. 17. Section 32-1125, Arizona Revised Statutes, as amended by Laws 2008, chapter 183, section 14, is amended to read:
32-1125. Renewal of license; qualifying party
A. Except as provided in section 32-4301, a license issued under this chapter shall be is suspended on the next business day following its renewal date by operation of law. An application for renewal of any current contracting license addressed to the registrar, with a valid bond or cash deposit on file with the registrar, accompanied by the required fee and received by the registrar or deposited in the United States mail postage prepaid on or before the renewal date shall authorize authorizes the licensee to operate as a contractor until actual issuance of the renewal license. The registrar may refuse to renew a license if a licensee or person has committed or been found guilty of any act listed in section 32‑1154.
B. A license which that has been suspended by operation of law for failure to renew may be reactivated and renewed within one year of its suspension by filing the required application and payment of paying the application fee in the amount provided for renewal in this chapter in addition to a fifty dollar $50 fee. When a license has been suspended for one or more years than one year for failure to renew, a new application for a license must be made and a new license issued in accordance with this chapter.
C. A licensee may make written application apply in writing to the registrar for exemption from a qualifying party. The applicant shall licensee must show to the satisfaction of the registrar that during the past five years the licensee:
1. The license has been in effect.
2. A transfer of ownership of fifty per cent or more of the stock, if applicable, or beneficial interest, in the licensee has not occurred.
3. No more than five valid complaints which have not been resolved by the licensee, as determined by the registrar, have been filed against the licensee.
1. held a valid and active license and could legally contract under this chapter for the entire five‑year period.
2. did not transfer fifty percent or more of its stock or beneficial interest.
3. Did not commit a violation of section 32‑1154, subsection A that has not been remedied.
d. The application registrar shall be approved or denied approve or deny the application within thirty days after its receipt. If the application is not approved, the licensee, may within thirty days, may request a hearing to be held pursuant to section 32‑1156. If the application is approved, the exemption takes effect immediately.
D. E. A licensee which that is exempt from the requirement for a qualifying party pursuant to subsection C of this section may be required by the registrar after a hearing to obtain a qualifying party within sixty days on a finding that:
1. A transfer of ownership of fifty per cent percent or more of the stock, if applicable, or beneficial interest, in the licensee has occurred.
2. A violation of section 32‑1154 has occurred.
Sec. 18. Repeal
Section 32-1125, Arizona Revised Statutes, as amended by Laws 2019, chapter 145, section 10, is repealed.
Sec. 19. Section 32-1904, Arizona Revised Statutes, as amended by Laws 2019, chapter 257, section 1, is amended to read:
32-1904. Powers and duties of board; immunity
A. The board shall:
1. Make bylaws and adopt rules that are necessary to protect the public and that pertain to the practice of pharmacy, the manufacturing, wholesaling or supplying of drugs, devices, poisons or hazardous substances, the use of pharmacy technicians and support personnel and the lawful performance of its duties.
2. Fix standards and requirements to register and reregister pharmacies, except as otherwise specified.
3. Investigate compliance as to the quality, label and labeling of all drugs, devices, poisons or hazardous substances and take action necessary to prevent the sale of these if they do not conform to the standards prescribed in this chapter, the official compendium or the federal act.
4. Enforce its rules. In so doing, the board or its agents have free access, during the hours reported with the board or the posted hours at the facility, to any pharmacy, manufacturer, wholesaler, third‑party logistics provider, nonprescription drug permittee or other establishment in which drugs, devices, poisons or hazardous substances are manufactured, processed, packed or held, or to enter any vehicle being used to transport or hold such drugs, devices, poisons or hazardous substances for the purpose of:
(a) Inspecting the establishment or vehicle to determine whether any provisions of this chapter or the federal act are being violated.
(b) Securing samples or specimens of any drug, device, poison or hazardous substance after paying or offering to pay for the sample.
(c) Detaining or embargoing a drug, device, poison or hazardous substance in accordance with section 32‑1994.
5. Examine and license as pharmacists and pharmacy interns all qualified applicants as provided by this chapter.
6. Require each applicant for an initial license to apply for a fingerprint clearance card pursuant to section 41‑1758.03. If an applicant is issued a valid fingerprint clearance card, the applicant shall submit the valid fingerprint clearance card to the board with the completed application. If an applicant applies for a fingerprint clearance card and is denied, the applicant may request that the board consider the application for licensure notwithstanding the absence of a valid fingerprint clearance card. The board, in its discretion, may approve an application for licensure despite the denial of a valid fingerprint clearance card if the board determines that the applicant's criminal history information on which the denial was based does not alone disqualify the applicant from licensure.
7. Issue duplicates of lost or destroyed permits on the payment of a fee as prescribed by the board.
8. Adopt rules to rehabilitate pharmacists and pharmacy interns as provided by this chapter.
9. At least once every three months, notify pharmacies regulated pursuant to this chapter of any modifications on prescription writing privileges of podiatrists, dentists, doctors of medicine, registered nurse practitioners, osteopathic physicians, veterinarians, physician assistants, optometrists and homeopathic physicians of which it receives notification from the state board of podiatry examiners, state board of dental examiners, Arizona medical board, Arizona state board of nursing, Arizona board of osteopathic examiners in medicine and surgery, Arizona state veterinary medical examining board, Arizona regulatory board of physician assistants, state board of optometry or board of homeopathic and integrated medicine examiners.
10. Charge a permittee a fee, as determined by the board, for an inspection if the permittee requests the inspection.
11. Issue only one active or open license per individual.
12. Allow a licensee to regress to a lower level license on written explanation and review by the board for discussion, determination and possible action.
B. The board may:
1. Employ chemists, compliance officers, clerical help and other employees subject to title 41, chapter 4, article 4 and provide laboratory facilities for the proper conduct of its business.
2. Provide, by educating and informing the licensees and the public, assistance in curtailing abuse in the use of drugs, devices, poisons and hazardous substances.
3. Approve or reject the manner of storage and security of drugs, devices, poisons and hazardous substances.
4. Accept monies and services to assist in enforcing this chapter from other than licensees:
(a) For performing inspections and other board functions.
(b) For the cost of copies of the pharmacy and controlled substances laws, the annual report of the board and other information from the board.
5. Adopt rules for professional conduct appropriate to the establishment and maintenance of a high standard of integrity and dignity in the profession of pharmacy.
6. Grant permission to deviate from a state requirement for experimentation and technological advances.
7. Adopt rules for the training and practice of pharmacy interns, pharmacy technicians and support personnel.
8. Investigate alleged violations of this chapter, conduct hearings in respect to violations, subpoena witnesses and take such action as it deems necessary to revoke or suspend a license or a permit, place a licensee or permittee on probation or warn a licensee or permittee under this chapter or to bring notice of violations to the county attorney of the county in which a violation took place or to the attorney general.
9. By rule, approve colleges or schools of pharmacy.
10. By rule, approve programs of practical experience, clinical programs, internship training programs, programs of remedial academic work and preliminary equivalency examinations as provided by this chapter.
11. Assist in the continuing education of pharmacists and pharmacy interns.
12. Issue inactive status licenses as provided by this chapter.
13. Accept monies and services from the federal government or others for educational, research or other purposes pertaining to the enforcement of this chapter.
14. By rule, except from the application of all or any part of this chapter any material, compound, mixture or preparation containing any stimulant or depressant substance included in section 13‑3401, paragraph 6, subdivision (c) or (d) from the definition of dangerous drug if the material, compound, mixture or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, provided that such admixtures are included in such combinations, quantity, proportion or concentration as to vitiate the potential for abuse of the substances that do have a stimulant or depressant effect on the central nervous system.
15. Adopt rules for the revocation, suspension or reinstatement of licenses or permits or the probation of licensees or permittees as provided by this chapter.
16. Issue a certificate of free sale to any person that is licensed by the board as a manufacturer for the purpose of manufacturing or distributing food supplements or dietary supplements as defined in rule by the board and that wants to sell food supplements or dietary supplements domestically or internationally. The application shall contain all of the following:
(a) The applicant's name, address, e-mail address, telephone and fax number.
(b) The product's full, common or usual name.
(c) A copy of the label for each product listed. If the product is to be exported in bulk and a label is not available, the applicant shall include a certificate of composition.
(d) The country of export, if applicable.
(e) The number of certificates of free sale requested.
17. Establish an inspection process to issue certificates of free sale or good manufacturing practice certifications. The board shall establish in rule:
(a) A fee to issue certificates of free sale.
(b) A fee to issue good manufacturing practice certifications.
(c) An annual inspection fee.
18. Delegate to the executive director the authority to:
(a) Void a license or permit application and deem all fees forfeited by the applicant if the applicant provided inaccurate information on the application. Except for inaccurate information provided regarding education or criminal history, The applicant shall have the opportunity to correct the inaccurate information within thirty days after the initial application was voided. If the applicant provides inaccurate information regarding education or criminal history and the application is voided, the applicant may submit a new application with all associated fees reviewed by board staff and the applicant was informed of the inaccuracy.
(b) If the president or vice president of the board concurs after reviewing the case, enter into an interim consent agreement with a licensee or permittee if there is evidence that a restriction against the license or permit is needed to mitigate danger to the public health and safety. The board shall may subsequently formally adopt the interim consent agreement with any modifications the board deems necessary for the agreement to be fully enforceable.
(c) Take no action or dismiss a complaint that has insufficient evidence that a violation of statute or rule governing the practice of pharmacy occurred.
(d) Request an applicant or licensee to provide court documents and police reports if the applicant or licensee has been charged with or convicted of a criminal offense. The executive director may do either of the following if the applicant or licensee fails to provide the requested documents to the board within fourteen thirty business days after the request:
(i) Close the application, deem the application fee forfeited and not consider a new application complete unless the requested documents are submitted with the application.
(ii) Suspend the licensee and open a complaint for unprofessional conduct.
(ii) Notify the licensee of an opportunity for a hearing in accordance with section 41‑1061 to consider suspension of the licensee.
(e) Pursuant to section 36‑2604, subsection B, review prescription information collected pursuant to title 36, chapter 28, article 1.
C. At each regularly scheduled board meeting the executive director shall provide to the board a list of the executive director's actions taken pursuant to subsection B, paragraph 18, subdivisions (a), (c) and (d) of this section since the last board meeting.
D. The board shall develop substantive policy statements pursuant to section 41‑1091 for each specific licensing and regulatory authority the board delegates to the executive director.
D. E. The executive director and other personnel or agents of the board are not subject to civil liability for any act done or proceeding undertaken or performed in good faith and in furtherance of the purposes of this chapter.
Sec. 20. Repeal
Section 32-1904, Arizona Revised Statutes, as amended by Laws 2019, chapter 320, section 1, is repealed.
Sec. 21. Section 32-3601, Arizona Revised Statutes, as amended by Laws 2019, chapter 22, section 1, is amended to read:
32-3601. Definitions
In this chapter, unless the context otherwise requires:
1. "Appraisal" or "real estate appraisal" means a statement that is independently and impartially prepared by an individual setting forth an opinion as to the market value of real property as of a specific date and supported by the presentation and analysis of relevant market information.
2. "Appraisal assignment" means an engagement for which a real estate appraiser is employed or retained to act, or would be perceived by third parties or the public in acting, as a disinterested third party in rendering an unbiased analysis, opinion or conclusion relating to the nature, quality, value or utility of specified interests in or aspects of identified real estate.
3. "Appraisal foundation" means the appraisal foundation incorporated as an Illinois nonprofit corporation on November 30, 1987.
4. "Appraisal report" means any communication, written or oral, of an appraisal.
5. "Appraisal review" means the act of reviewing or the report that follows a review of an appraisal assignment or appraisal report in which a real estate appraiser forms an opinion as to the adequacy and appropriateness of the report being reviewed.
6. "Appraisal standards board" means the appraisal standards board appointed by the board of trustees of the appraisal foundation to develop, interpret and amend the uniform standards of professional appraisal practice.
7. "Appraisal subcommittee" means the subcommittee of the federal financial institutions examination council created pursuant to 12 United States Code section 3310 and chapter 34A, as amended.
8. "Appraiser qualifications board" means the appraiser qualifications board that is appointed by the board of trustees of the appraisal foundation to establish the minimum education, experience and examination requirements for real estate appraisers.
9. "Complex one to four residential units" means property that is atypical for the marketplace. Atypical factors may include architectural style, age of improvements, size of improvements, size of lot, neighborhood land use, potential environmental hazard liability, leasehold interests, limited readily available comparable sales data or other unusual factors.
10. "Course approval" means the act of the superintendent reviewing course materials to form an opinion as to the adequacy and appropriateness of the course for licensing pursuant to section 32‑3613, certification pursuant to section 32‑3614 and continuing education as prescribed in section 32‑3625 in accordance with the appraiser qualifications board and this chapter.
11. "Department" means the department of insurance and financial institutions.
12. "Federal financial institutions examination council" means that agency of the federal government created pursuant to 12 United States Code chapters 34 and 34A, as amended.
13. "Federally related transaction" means any real estate related financial transaction that a federal financial institution's regulatory agency or the resolution trust corporation engages in, contracts for or regulates and that requires an appraisal.
14. "Property tax agent" means an individual who is designated by a person or is an employee of an entity designated as an agent pursuant to section 42‑16001, who acts on behalf of a person who owns, controls or possesses property valued by a county assessor and who receives a fee for the analysis of any matter relating to the review of the valuation of the person's property before the assessor. Property tax agent does not include a person who is admitted to practice law in this state, an employee of the person owning, controlling or possessing the property or an employee of an entity designated pursuant to section 42‑16001, if the employee is performing a secretarial, clerical or administrative support function.
15. "Real estate" means an identified parcel or tract of land, including improvements, if any.
16. "Real estate related financial transaction" means any transaction involving the sale of, lease of, purchase of, investment in or exchange of real property, including interests in property or the financing of property, the refinancing of real property or interests in real property and the use of real property or interests in property as security for a loan or investment, including mortgage‑backed securities.
17. "Real property" means one or more defined interests, benefits and rights inherent in the ownership of real estate.
18. "Registered trainee appraiser" means a person who meets both of the following requirements:
(a) Is registered with the superintendent and meets the appraiser qualifications board's qualifications for trainee appraisers to perform appraisal services only under the direct supervision of a certified appraiser who has met the minimum criteria to be a supervisory appraiser.
(b) Accepts assignments only from the registered trainee appraiser's supervisory appraiser.
19. "Review appraiser" means a person who engages in the activity of reviewing and evaluating the appraisal work of others from the perspective of an appraiser, generally for compensation as a separate skill. This includes the function of reviewing an appraisal report or a file memorandum setting forth the results of the review process.
20. "Standards of professional appraisal practice" means the uniform standards of professional appraisal practice promulgated by the appraisal standards board of the appraisal foundation.
21. "State‑licensed or state‑certified appraiser" means a person who develops and communicates appraisals and who holds a current, valid license or certificate issued under this chapter.
22. "Superintendent" means the superintendent of the financial institutions division of the department.
23. "Supervisory appraiser" means a state‑certified appraiser who has a supervisory appraiser designation and who:
(a) Has been in good standing for the last three years in the jurisdiction in which the registered trainee appraiser practices.
(b) Has not been disciplined in a manner that affects the supervisory appraiser's eligibility to engage in appraisal practice in any jurisdiction in the last three years.
(c) Directly supervises registered trainee appraisers by doing the following:
(i) Accepting responsibility for an appraisal by signing and certifying that the appraisal complies with the uniform standards of professional appraisal practice.
(ii) Reviewing and signing all registered trainee appraiser reports.
24. "Value" means the monetary relationship between properties and those who buy, sell or use those properties.
Sec. 22. Repeal
Section 32-3601, Arizona Revised Statutes, as amended by Laws 2019, chapter 252, section 41, is repealed.
Sec. 23. Section 32-3605, Arizona Revised Statutes, as amended by Laws 2019, chapter 22, section 2, is amended to read:
32-3605. Superintendent; duties; powers; immunity
A. The superintendent shall adopt rules in aid or in furtherance of this chapter.
B. The superintendent shall:
1. Adopt standards for appraisal practice that is regulated by this chapter. The standards at a minimum shall be equivalent to the standards of professional appraisal practice.
2. In prescribing criteria for certification, adopt criteria that at a minimum are equal to the minimum criteria for certification adopted by the appraiser qualifications board.
3. In prescribing criteria for licensing and registration, adopt criteria that at a minimum are equal to the minimum criteria for licensing and registration adopted by the appraiser qualifications board.
4. Further define by rule with respect to state‑licensed or state‑certified appraisers appropriate and reasonable educational experience, appraisal experience and equivalent experience that meets the statutory requirement of this chapter.
5. Adopt the national examination as approved by the appraiser qualifications board for state‑certified appraisers.
6. Adopt the national examination as approved by the appraiser qualifications board for state‑licensed appraisers.
7. Establish administrative procedures for:
(a) Processing applications for licenses and certificates, including registration certificates.
(b) Approving or disapproving applications for registration, licensure and certification.
(c) Issuing licenses and certificates, including registration certificates.
8. Define by rule, with respect to registered trainee appraisers and state‑licensed and state‑certified appraisers, the continuing education requirements for the renewal of licenses or certificates that satisfy the statutory requirements provided in this chapter.
9. Periodically review the requirements for the development and communication of appraisals provided in this chapter and adopt rules explaining and interpreting the requirements.
10. Define and explain by rule each stage and step associated with the administrative procedures for the disciplinary process pursuant to this chapter, including:
(a) Prescribing minimum criteria for accepting a complaint against a registered trainee appraiser or a licensed or certified appraiser. The superintendent may not consider a complaint for administrative action if the complaint either:
(i) Relates to an appraisal that was completed more than five years before the complaint was submitted to the superintendent or more than two years after final disposition of any judicial proceeding in which the appraisal was an issue, whichever period of time is greater.
(ii) Is filed against a person who is a staff person of the department of financial institutions and the person is a licensed or certified appraiser and the complaint is against the person's license or certificate and relates to the person's performance of duties. This item applies to a contract investigator who is under contract with the department for the performance of an appraisal review as defined by the uniform standards of professional appraisal practice.
(b) Defining the process and procedures used in investigating the allegations of the complaint. The superintendent shall consolidate complaints that are filed within a six-month period of time if the complaints are against the same appraiser, relate to the same appraisal and property and are filed by an entity that is subject to the mandatory reporting provisions of the Dodd‑Frank Wall Street reform and consumer protection act (P.L. 111‑203; 124 Stat. 1376). Complaints that are consolidated pursuant to this subdivision must be considered and adjudicated as one complaint.
(c) Defining the process and procedures used in hearings on the complaint, including a description of the rights of the superintendent and any person who is alleged to have committed the violation.
(d) Establishing criteria to be used in determining the appropriate actions for violations.
11. Communicate information that is useful to the public and appraisers relating to actions for violations.
12. Issue decrees of censure, fix periods and terms of probation and suspend and revoke licenses and certificates pursuant to the disciplinary proceedings provided for in section 32‑3631.
13. At least monthly transmit to the appraisal subcommittee a listing of all appraisal management companies that have received a state certificate of registration in accordance with this chapter.
14. Investigate and assess potential law or order violations and discipline, suspend, terminate or deny registration renewals of appraisal management companies that violate laws or orders. The superintendent shall report violations of appraisal-related laws or orders and disciplinary and enforcement actions to the appraisal subcommittee.
15. Transmit the national registry fee collected pursuant to section 32‑3607 to the appraisal subcommittee.
16. Establish the fees in accordance with section 32‑3607.
17. Receive applications for state licenses and certificates.
18. Maintain a registry of the names and addresses of persons who are registered, licensed or certified under this chapter.
19. Retain records and all application materials submitted to the superintendent.
20. Publish on the department's website a current list of supervisory appraisers and registered trainee appraisers.
21. Perform such other functions and duties as may be necessary to carry out this chapter.
C. The superintendent may accept and spend federal monies and grants, gifts, contributions and devises from any public or private source to assist in carrying out the purposes of this chapter. These monies do not revert to the state general fund at the end of the fiscal year.
D. The superintendent may impose a civil penalty pursuant to section 32‑3631.
Sec. 24. Repeal
Section 32-3605, Arizona Revised Statutes, as amended by Laws 2019, chapter 252, section 42, is repealed.
Sec. 25. Section 35-323, Arizona Revised Statutes, as amended by Laws 2019, chapter 61, section 21, is amended to read:
35-323. Investment of public monies; bidding; security and other requirements
A. The treasurer shall invest and reinvest public monies in securities and deposits with a maximum maturity of five years. All public monies shall be invested in eligible investments. Eligible investments are:
1. Certificates of deposit in eligible depositories.
2. Deposits in one or more federally insured banks or savings and loan associations placed in accordance with the procedures prescribed in section 35‑323.01.
3. Interest bearing savings accounts in banks and savings and loan institutions doing business in this state whose accounts are insured by federal deposit insurance for their industry, but only if deposits of more than the insured amount are secured by the eligible depository to the same extent and in the same manner as required under this article.
4. Repurchase agreements with a maximum maturity of one hundred eighty days.
5. The pooled investment funds established by the state treasurer pursuant to section 35‑326.
6. Obligations issued or guaranteed by the United States or any of the senior debt of its agencies, sponsored agencies, corporations, sponsored corporations or instrumentalities.
7. Bonds, notes or other evidences of indebtedness of this state or any of its counties, incorporated cities or towns, school districts or special taxing districts, including registered warrants, substitute checks, and electronic funds transfer vouchers that bear interest pursuant to section 11‑635.
8. Bonds, notes or evidences of indebtedness of any county, municipal district, municipal utility or special taxing district of any state that are payable from revenues, earnings or a special tax specifically pledged for the payment of the principal of and interest on the obligations, and for the payment of which a lawful sinking fund or reserve fund has been established and is being maintained, but only if a default in payment on principal or interest on the obligations to be purchased has not occurred within five years after the date of investment, or, if such obligations were issued less than five years before the date of investment, a default in payment of principal or interest has not occurred on the obligations to be purchased or any other obligations of the issuer within five years after the investment.
9. Bonds, notes or evidences of indebtedness issued by any county improvement district or municipal improvement district of any state to finance local improvements authorized by law, if the principal and interest of the obligations are payable from assessments on real property within the improvement district. An investment shall not be made if:
(a) The face value of all such obligations, and similar obligations outstanding, exceeds fifty percent of the market value of the real property, and if improvements on which the bonds or the assessments for the payment of principal and interest on the bonds are liens inferior only to the liens for general ad valorem taxes.
(b) A default in payment of principal or interest on the obligations to be purchased has occurred within five years after the date of investment, or, if the obligations were issued less than five years before the date of investment, a default in the payment of principal or interest has occurred on the obligations to be purchased or on any other obligation of the issuer within five years after the investment.
10. Commercial paper of prime quality that is rated within the top two ratings by a nationally recognized rating agency. All commercial paper must be issued by corporations organized and doing business in the United States.
11. Bonds, debentures, notes or other evidences of indebtedness that are denominated in United States dollars and that carry at a minimum an "A" or better rating, at the time of purchase, from at least two nationally recognized rating agencies.
12. Negotiable or brokered certificates of deposit issued by a nationally or state-chartered bank or savings and loan association.
13. Securities of or any other interests in any open‑end or closed‑end management type investment company or investment trust, including exchange traded funds whose underlying investments are invested in securities allowed by state law, registered under the investment company act of 1940 (54 Stat. 789; 15 United States Code sections 80a‑1 through 80a‑64), as amended.
B. Certificates of deposit shall be purchased from the eligible depository bidding the highest permissible rate of interest. Monies over $100,000 may not be awarded at any interest rate less than one hundred three percent of the equivalent bond yield of the offer side of United States treasury bills having a similar term. If the eligible depository offering to pay the highest rate of interest has bid only for a portion of the monies to be awarded, the remainder of the monies shall be awarded to eligible depositories bidding the next highest rates of interest.
C. An eligible depository is not eligible to receive total aggregate deposits from this state and all its subdivisions in an amount exceeding twice its capital structure as outlined in the last call of condition of the superintendent of the financial institutions division of the department of insurance and financial institutions.
D. If two or more eligible depositories submit bids of an identical rate of interest for all or any portion of the monies to be deposited, the award of the deposit of the monies shall be made to the eligible depository among those submitting identical bids having, at the time of the bid opening, the lowest ratio of total public deposits in relation to its capital structure.
E. Each bid that is submitted and not withdrawn before the time specified constitutes an irrevocable offer to pay interest as specified in the bid on the deposit, or portion bid for, and the award of a deposit in accordance with this section obligates the depository to accept the deposit and pay interest as specified in the bid pursuant to which the deposit is awarded.
F. The treasurer shall maintain a record of all bids received and shall make available to the board of deposit at its next regularly scheduled meeting a correct list showing the bidders, the bids received and the amount awarded. These records shall be available to the public and shall be kept in the possession of the treasurer for at least two years after the date of the report.
G. Any eligible depository, before receiving a deposit of more than the insured amount under this article, shall deliver collateral for the purposes of this subsection equal to at least one hundred two percent of the deposit. The collateral shall be any of the following:
1. A bond executed by a surety company that is approved by the treasury department of the United States and authorized to do business in this state. The bond shall be approved as to form by the legal advisor of the treasurer.
2. Securities or instruments of the following character:
(a) United States government or agency obligations.
(b) State, county, school district and other district municipal bonds.
3. The safekeeping receipt of a federal reserve bank or any bank located in a reserve city, or any bank authorized to do business in this state, whose combined capital, surplus and outstanding capital notes and debentures on the date of the safekeeping receipt are $10,000,000 or more, evidencing the deposit therein of any securities or instruments described in this section. A safekeeping receipt shall not qualify as security, if issued by a bank to secure its own public deposits, unless issued directly through its trust department. The safekeeping receipt does show on its face that it is issued for the account of the treasurer and shall be delivered to the treasurer. The safekeeping receipt may provide for the substitution of securities or instruments that qualify under this section with the affirmative act of the treasurer.
4. Letters of credit issued by a federal home loan bank if:
(a) The letter of credit has been delivered pursuant to this section or chapter 10, article 1 of this title to the statewide collateral pool administrator.
(b) The letter of credit meets the required conditions of:
(i) Being irrevocable.
(ii) Being issued, presentable and payable at a federal home loan bank in United States dollars. Presentation may be made by the beneficiary submitting the original letter of credit, including any amendments, and the demand in writing, by overnight delivery.
(iii) If the letter of credit is for purposes of chapter 10, article 1 of this title, containing a statement that identifies the statewide collateral pool administrator as the beneficiary.
(iv) Containing an issue date and a date of expiration.
(c) For the purposes of chapter 10, article 1 of this title, the eligible depository, if notified by the statewide collateral pool administrator, is not allowed to use new letters of credit issued by a federal home loan bank if that federal home loan bank fails to pay a draw request as provided for in the letters of credit or fails to properly complete a confirmation of such letters of credit.
H. The securities, instruments or safekeeping receipt for the securities and instruments shall be accepted at market value if not above par, and, if at any time their market value becomes less than the deposit liability to that treasurer, additional securities or instruments required to guarantee deposits shall be deposited immediately with the treasurer who made the deposit and deposited by the eligible depository in which the deposit was made.
I. The condition of the surety bond, or the deposit of securities, instruments or a safekeeping receipt, must be such that the eligible depository will promptly pay to the parties entitled public monies in its custody, on lawful demand, and will, when required by law, pay the monies to the treasurer making the deposit.
J. Notwithstanding the requirements of this section, any institution qualifying as an eligible depository may accept deposits of public monies to the total then authorized insurance of accounts, insured by federal deposit insurance, without depositing a surety bond or securities in lieu of the surety bond.
K. An eligible depository shall report monthly to the treasurer the total deposits of that treasurer and the par value and the market value of any pledged collateral securing those deposits.
L. When a security or instrument pledged as collateral matures or is called for redemption, the cash received for the security or instrument shall be held in place of the security until the depository has obtained a written release or provided substitute securities or instruments.
M. The surety bond, securities, instruments or safekeeping receipt of an eligible depository shall be deposited with the treasurer making the deposit, and the treasurer is the custodian of the bond, securities, instruments or safekeeping receipt. The treasurer may then deposit with the depository public monies then in the treasurer's possession in accordance with this article, but not in an amount of more than the surety bond, securities, instruments or safekeeping receipt deposited, except for federal deposit insurance.
N. The following restrictions on investments apply:
1. Public operating fund monies shall not be invested for a maturity of longer than five years.
2. The board of deposit may order the treasurer to sell any of the securities, and any order shall specifically describe the securities and fix the date on which they are to be sold. Securities so ordered to be sold shall be sold for cash by the treasurer on the date fixed in the order, at the then-current market price. The treasurer and the members of the board are not accountable for any loss occasioned by sales of securities at prices lower than their cost. Any loss or expense shall be charged against earnings received from investment of public monies.
3. Investments shall not be made in companies identified pursuant to section 35‑392, subsection A, paragraph 1.
O. If the total amount of subdivision monies available for deposit at any time is less than the maximum coverage amount of the federal deposit insurance corporation, the subdivision board of deposit shall award the deposit of the monies to an eligible depository in accordance with an ordinance or resolution of the governing body of the subdivision. Deposits of less than the maximum coverage amount of the federal deposit insurance corporation are not subject to the requirements of this chapter.
Sec. 26. Repeal
Section 35-323, Arizona Revised Statutes, as amended by Laws 2019, chapter 252, section 46, is repealed.
Sec. 27. Section 41-619.51, Arizona Revised Statutes, as amended by Laws 2019, chapter 135, section 2, is amended to read:
41-619.51. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy or the board of physical therapy or the state board of technical registration.
2. "Board" means the board of fingerprinting.
3. "Central registry exception" means notification to the department of economic security, the department of child safety or the department of health services, as appropriate, pursuant to section 41‑619.57 that the person is not disqualified because of a central registry check conducted pursuant to section 8‑804.
4. "Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present.
5. "Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41‑619.55.
6. "Person" means a person who is required to be fingerprinted pursuant to this article or who is subject to a central registry check and any of the following:
(a) Section 3‑314.
(b) Section 8‑105.
(c) Section 8‑322.
(d) Section 8‑463.
(e) Section 8‑509.
(f) Section 8‑802.
(g) Section 8‑804.
(h) Section 15‑183.
(i) Section 15‑503.
(j) Section 15‑512.
(k) Section 15‑534.
(l) Section 15‑763.01.
(m) Section 15‑782.02.
(n) Section 15‑1330.
(o) Section 15‑1881.
(p) Section 17‑215.
(q) Section 28‑3228.
(r) Section 28‑3413.
(s) Section 32-122.02.
(t) Section 32‑122.05.
(u) Section 32‑122.06.
(v) Section 32‑1232.
(w) Section 32‑1276.01.
(x) Section 32‑1284.
(y) Section 32‑1297.01.
(z) Section 32‑1904.
(aa) Section 32‑1941.
(bb) Section 32‑2022.
(cc) Section 32‑2108.01.
(dd) Section 32‑2123.
(ee) Section 32‑2371.
(ff) Section 32‑3620.
(gg) Section 32‑3668.
(hh) Section 32‑3669.
(ii) Section 36‑207.
(jj) Section 36‑411.
(kk) Section 36‑425.03.
(ll) Section 36‑446.04.
(mm) Section 36‑594.01.
(nn) Section 36‑594.02.
(oo) Section 36‑882.
(pp) Section 36‑883.02.
(qq) Section 36‑897.01.
(rr) Section 36‑897.03.
(ss) Section 36‑3008.
(tt) Section 41‑619.53.
(uu) Section 41‑1964.
(vv) Section 41‑1967.01.
(ww) Section 41‑1968.
(xx) Section 41‑1969.
(yy) Section 41‑2814.
(zz) Section 46‑141, subsection A or B.
(aaa) Section 46‑321.
Sec. 28. Repeal
Section 41-619.51, Arizona Revised Statutes, as amended by Laws 2019, chapter 252, section 49, is repealed.
Sec. 29. Section 41-1758, Arizona Revised Statutes, as amended by Laws 2019, chapter 135, section 4, is amended to read:
41-1758. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the board of fingerprinting, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy or the board of physical therapy or the state board of technical registration.
2. "Division" means the fingerprinting division in the department of public safety.
3. "Electronic or internet-based fingerprinting services" means a secure system for digitizing applicant fingerprints and transmitting the applicant data and fingerprints of a person or entity submitting fingerprints to the department of public safety for any authorized purpose under this title. For the purposes of this paragraph, "secure system" means a system that complies with the information technology security policy approved by the department of public safety.
4. "Good cause exception" means the issuance of a fingerprint clearance card to an applicant pursuant to section 41‑619.55.
5. "Person" means a person who is required to be fingerprinted pursuant to any of the following:
(a) Section 3‑314.
(b) Section 8‑105.
(c) Section 8‑322.
(d) Section 8‑463.
(e) Section 8‑509.
(f) Section 8‑802.
(g) Section 15‑183.
(h) Section 15‑503.
(i) Section 15‑512.
(j) Section 15‑534.
(k) Section 15‑763.01.
(l) Section 15‑782.02.
(m) Section 15‑1330.
(n) Section 15‑1881.
(o) Section 17‑215.
(p) Section 28‑3228.
(q) Section 28‑3413.
(r) Section 32-122.02.
(s) Section 32‑122.05.
(t) Section 32‑122.06.
(u) Section 32‑1232.
(v) Section 32‑1276.01.
(w) Section 32‑1284.
(x) Section 32‑1297.01.
(y) Section 32‑1904.
(z) Section 32‑1941.
(aa) Section 32‑2022.
(bb) Section 32‑2108.01.
(cc) Section 32‑2123.
(dd) Section 32‑2371.
(ee) Section 32‑3620.
(ff) Section 32‑3668.
(gg) Section 32‑3669.
(hh) Section 36‑207.
(ii) Section 36‑411.
(jj) Section 36‑425.03.
(kk) Section 36‑446.04.
(ll) Section 36‑594.01.
(mm) Section 36‑594.02.
(nn) Section 36‑882.
(oo) Section 36‑883.02.
(pp) Section 36‑897.01.
(qq) Section 36‑897.03.
(rr) Section 36‑3008.
(ss) Section 41‑619.52.
(tt) Section 41‑619.53.
(uu) Section 41‑1964.
(vv) Section 41‑1967.01.
(ww) Section 41‑1968.
(xx) Section 41‑1969.
(yy) Section 41‑2814.
(zz) Section 46‑141, subsection A or B.
(aaa) Section 46‑321.
6. "Vulnerable adult" has the same meaning prescribed in section 13‑3623.
Sec. 30. Repeal
Section 41-1758, Arizona Revised Statutes, as amended by Laws 2019, chapter 252, section 52, is repealed.
Sec. 31. Retroactivity
A. Sections 2, 3, 8, 9, 13, 14, 17, 18, 19 and 20 of this act apply retroactively to from and after August 26, 2019.
B. Sections 6 and 7 of this act apply retroactively to from and after December 31, 2019.
C. Sections 4, 5, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30 of this act apply retroactively to from and after June 30, 2020.
Sec. 32. Effective date
Sections 10, 12, 15 and 16 of this act are effective from and after August 31, 2020.
Sec. 33. Conditional enactment
Section 11 of this act becomes effective on the date prescribed by Laws 2018, chapter 298, section 12 but only on the occurrence of the condition prescribed by Laws 2018, chapter 298, section 12.
APPROVED BY THE GOVERNOR MARCH 24, 2020.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 24, 2020.
