Bill Text: AZ HB2087 | 2013 | Fifty-first Legislature 1st Regular | Chaptered
Bill Title: Mining; claim maintenance fee affidavit
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-04-16 - Governor Signed [HB2087 Detail]
Download: Arizona-2013-HB2087-Chaptered.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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CHAPTER 106
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HOUSE BILL 2087 |
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AN ACT
Amending sections 27-208, 27-221, 27-222 and 33-704, Arizona Revised Statutes; relating to mining claim maintenance fees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 27-208, Arizona Revised Statutes, is amended to read:
27-208. Affidavit of annual work; affidavit of claim maintenance fee payment; fees
A. Before December 31 of any year in which the performance of annual labor or making improvements or the payment of claim maintenance fees upon on a mining claim is required, the person on whose behalf such the work or improvement or payment was made, or some person for him the person's representative, knowing the facts, may make and record in the office of the county recorder of the county in which the claim is located an affidavit in substance as follows: of annual work or an affidavit of claim maintenance fee Payment.
B. The affidavit of annual work Must State in substance the following:
State of Arizona, county of ____________________ ss: _________________________________, being duly sworn, deposes and says that: he is I am a citizen of the United States and more than at least eighteen years of age, resides. I reside at ____________________, in _________________ county, Arizona, is. I am personally acquainted with the mining claim known as ___________________ mining claim, situated in _________________ mining district, ______________ county, Arizona, the location notice of which is recorded in the office of the county recorder of said that county, in book ____________________ of records of mines, at page _________ at [county recorder information]. That Between the _____________ day of _______________, A.D. _________________, and the _______________ day of ___________________, A.D. ___________________, at least _________________________ dollars worth of work and improvements were done and performed upon said on the claim, not including the location work of said the claim. Such work and improvements were made by and at the expense of ___________________________, owners of said the claim, for the purpose of complying with the laws of the United States pertaining to assessment or annual work, and _______________________________________ (here name the miners or persons who worked upon on the claim in doing the work) were the persons who are employed by said the owner and who labored upon said on the claim, did said doing the work and improvements, the same being as follows, to wit: (Here describe the work done and add signature and verification.)
C. The affidavit of claim maintenance fee Payment must state in substance the following:
State of Arizona, county of ____________________ ss: _________________________________, being duly sworn, deposes and says that: I am a citizen of the United States and at least eighteen years of age. I reside at ____________________, in ___________________ county, Arizona. I am personally acquainted with the mining claim known as ______________________ mining claim, situated in __________________ mining district, ______________ county, Arizona, the location notice of which is recorded in the office of the county recorder of that county at [county recorder information]. a claim maintenance fee of _________________________ dollars was paid by or at the expense of ___________________________, owners of the claim, instead of recording an affidavit of annual work for the purpose of complying with the laws of the United States and holding the claim. (Here add signature and verification.)
B. D. The affidavit of annual work or the affidavit of claim maintenance fee payment when recorded shall be prima facie evidence of the performance of the labor or improvements Or of claim maintenance fee payment. Any affidavit shall include, if known to the locator, the identification of the section, township and range in which the notice of location of the claim is posted.
C. E. When annual work or improvements or claim maintenance fee payment is done upon on one or more of a contiguous group of claims for the benefit of all, or wholly or partly outside of a contiguous group of claims for the benefit of all, all claims may be included in a single affidavit.
D. F. In addition to the fees required under section 11‑475 for recording of documents, the county recorder, shall, prior to before recording the affidavit of performance annual work or the affidavit of claim maintenance fee payment, shall collect from the person recording the affidavit a fee in the sum of five dollars for each separate affidavit of performance annual work or affidavit of claim maintenance fee payment recorded. The county recorder, shall by the tenth day of each month, shall forward to the state treasurer for deposit in the state general fund, eighty per cent of the monies collected pursuant to this subsection during the previous month. END_STATUTE
Sec. 2. Section 27-221, Arizona Revised Statutes, is amended to read:
27-221. Notice to delinquent co‑owner to contribute share of annual labor expense or maintenance fees
A. When a co‑owner gives a delinquent co‑owner notice in writing or notice by publication to contribute his proportion of the expense of annual labor or maintenance fees as provided by the laws of the United States, an affidavit of the person giving the notice, stating the time, place, manner of service and by whom and upon whom the service was made, shall be attached to a true copy of the notice, and the notice and affidavit shall be recorded ninety days after giving the notice, or if the notice is given by publication in a newspaper, there shall be attached to a printed copy of the notice an affidavit of the editor or publisher of the paper, stating the date of each insertion of the notice therein, and when and where the newspaper was published during that time, and the affidavit and notice shall be recorded one hundred and eighty days after the first publication.
B. A true copy of the original notice and affidavit of service, or the records thereof, shall be prima facie evidence that the delinquent co‑owner has failed or refused to contribute his proportion of the expenditure, and shall be prima facie evidence of service or publication of the notice, unless the writing or affidavit provided for in section 27‑222 is of record.
Sec. 3. Section 27-222, Arizona Revised Statutes, is amended to read:
27-222. Acknowledgment of contribution by delinquent co‑owner
A. If the delinquent co‑owner, within the time required by the laws of the United States, contributes his proportion of the expenditures, the co‑owner, who demanded contribution shall sign and deliver to the delinquent co‑owner a written statement that the delinquent, naming him, has, within the time required, contributed his share of the expense for the year upon the claim, and further stating the district, county and state wherein the claim is located and the book and page recording information where the location notice is recorded. The statement shall be recorded.
B. If the co‑owner who demanded contribution fails to sign and deliver the statement to the delinquent co‑owner within twenty days after contribution is made, he shall be liable to the delinquent for a penalty of one hundred dollars. The delinquent, with two disinterested persons having personal knowledge of the contribution, may make an affidavit setting forth the manner, amount, to whom and upon what mine MINING CLAIM OR CLAIMS the contribution was made. The affidavit may be recorded, and shall be prima facie evidence of the contribution.
Sec. 4. Section 33-704, Arizona Revised Statutes, is amended to read:
33-704. Performance of assessment work or payment of maintenance fees on mining claim by mortgagee; expense as additional debt secured by mortgage
The mortgagee, if the mortgaged property or part thereof consists of unpatented mining claims, may perform the annual labor or improvement, or pay the maintenance fees required by law to prevent the forfeiture of the claim, and the amount expended for that purpose shall be an additional debt secured by the mortgage, and included in the judgment of foreclosure, or, if expended after judgment, but before sale, added to the amount of the execution.
APPROVED BY THE GOVERNOR APRIL 16, 2013.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 17, 2013.
