Bill Text: AZ HB2699 | 2016 | Fifty-second Legislature 2nd Regular | Engrossed

Arizona House Bill 2699 (Prior Session Legislation)

Bill Title: Agency consolidation; budget reconciliation; 2016-2017.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-05-03 - House Committee of the Whole action: Do Pass Amended [HB2699 Detail]

Download: Arizona-2016-HB2699-Engrossed.html

House Engrossed

State of Arizona

House of Representatives

Fifty-second Legislature

Second Regular Session

2016

HOUSE BILL 2699

AN ACT

amending sections 11‑861, 17‑211, 23‑422, 26‑306, 27‑102, 27‑104, 27‑105 and 27‑106, Arizona Revised Statutes; amending section 27‑106, Arizona Revised Statutes, as amended by this act; amending section 27‑107, Arizona Revised Statutes; amending section 27‑107, Arizona Revised Statutes, as amended by this act; amending section 27‑108, Arizona Revised Statutes; repealing section 27‑109, Arizona Revised Statutes; amending section 27‑110, Arizona Revised Statutes; providing for transferring and renumbering; amending section 27‑111, Arizona Revised Statutes, as transferred and renumbered; repealing section 27‑112, Arizona Revised Statutes; amending sections 27‑515, 28‑907, 28‑1093, 28‑1095, 28‑1103 and 28‑2448, Arizona Revised Statutes; amending section 28‑2448, Arizona Revised Statutes, as amended by this act; amending sections 28‑4332, 28‑4363, 30‑801, 32‑1121 and 32‑2117, Arizona Revised Statutes; amending section 32‑2117, Arizona Revised Statutes, as amended by this act; amending sections 32‑2199, 32‑2199.01, 32‑2199.02, 32‑2199.04 and 32‑2199.05, Arizona Revised Statutes, as transferred and renumbered; amending section 33‑423, Arizona Revised Statutes; amending section 33‑423, Arizona Revised Statutes, as amended by this act; amending sections 33‑1242, 33‑1407, 33‑1409, 33‑1417, 33‑1432, 33‑1476.01, 33‑1476.02, 33‑1476.04, 33‑1476.05, 33‑1485.01, 33‑1803, 33‑2102, 34‑461, 35‑192, 35‑193.02, 36‑1610, 36‑1636, 36‑1639 and 36‑1645, Arizona Revised Statutes; amending title 37, Arizona Revised Statutes, by adding chapter 9; amending sections 37‑1303, 37‑1305, 37‑1307, 37‑1381, 37‑1382, 37‑1383, 37‑1388, 37‑1390, 37‑1401, 37‑1402, 37‑1403, 37‑1404, 37‑1405, 37‑1406, 37‑1408, 37‑1422, 37‑1423, 37‑1424 and 37‑1425, Arizona Revised Statutes, as transferred and renumbered; amending sections 40‑201, 41‑511.04 and 41‑821, Arizona Revised Statutes; amending section 41‑821, Arizona Revised Statutes, as amended by this act; repealing section 41‑827, Arizona Revised Statutes; amending title 41, chapter 4.1, article 1, Arizona Revised Statutes, by adding a new section 41‑827; amending section 41‑827.01, Arizona Revised Statutes, as transferred and renumbered; amending sections 41‑1005 and 41‑1713, Arizona Revised Statutes; repealing sections 41‑2141, 41‑2147, 41‑2148, 41‑2152, 41‑2172, 41‑2198.03 and 41‑3022.13, Arizona Revised Statutes; amending sections 41‑4001, 41‑4004, 41‑4010, 41‑4021, 41‑4024, 41‑4025, 41‑4026, 41‑4027, 41‑4029, 41‑4030, 41‑4031, 41‑4032, 41‑4033, 41‑4034, 41‑4035, 41‑4036, 41‑4039, 41‑4040, 41‑4042, 41‑4043, 41‑4044, 41‑4045, 41‑4046, 41‑4048 and 41‑4049, Arizona Revised Statutes, as transferred and renumbered; amending title 41, chapter 37, arizona revised statutes, by adding article 5; amending sections 42‑2003, 42‑5006, 42‑5075, 42‑5160, 49‑104, 49‑353, 49‑356 and 49‑455, Arizona Revised Statutes; amending laws 2008, chapter 159, section 3; appropriating monies; relating to state agency consolidation.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 11-861, Arizona Revised Statutes, is amended to read:

START_STATUTE11-861. Adoption of codes by reference; limitations; method of adoption; fire sprinklers; fire apparatus access roads or approved routes; intent; state preemption; fire watch requirements; pool barrier gates

A. In any county that has adopted zoning pursuant to this chapter, the board of supervisors may adopt and enforce, for the unincorporated areas of the county so zoned, a building code and other related codes to regulate the quality, type of material and workmanship of all aspects of construction of buildings or structures, except that the board may authorize that areas zoned rural or unclassified may be exempt from the provisions of the code adopted. The codes may be adopted by reference after notice and hearings before the county planning and zoning commission and board of supervisors as provided in this chapter for amendments to the zoning ordinance of the county.

B. The board of supervisors may adopt a fire prevention code in the unincorporated areas of the county in which a fire district has not adopted a nationally recognized fire code pursuant to section 48‑805.� Any fire code adopted by a board of supervisors pursuant to this subsection shall remain in effect until a fire district is established and adopts a code applicable within the boundaries of the district.

C. For the purpose of this article, codes authorized by subsections A and B of this section shall be limited to the following:

1. Any building, electrical, plumbing or mechanical code that has been adopted by any national organization or association that is organized and conducted for the purpose of developing codes or that has been adopted by the largest city in that county. If the board of supervisors adopts a city code, it shall adopt, within ninety days after receiving a written notification of a change to the city code, the same change or shall terminate the adopted city code.

2. Any fire prevention code that has been adopted by a national organization or association organized or conducted for the purpose of developing fire prevention codes and that is as stringent as the state fire code adopted pursuant to section 41‑2146 37‑1383.

D. The board of supervisors may adopt a current wildland-urban interface code. The code may be adapted from a model code adopted by a national or international organization or association for mitigating the hazard to life and property.� The board must follow written public procedures in the development and adoption of the code and any revisions to the code to provide effective, early and continuous public participation through:

1. The broad dissemination and publicity of the proposed code and any revisions to the code.

2. The opportunity for submission and consideration of written public comments.

3. Open discussions, communications programs and information services.

4. Consultation with federal agencies and state and local officials.

E. The board of supervisors shall not adopt a code or ordinance or part of a uniform code or ordinance that prohibits a person or entity from choosing to install or equip or not install or equip fire sprinklers in a single family detached residence or any residential building that contains not more than two dwelling units.� The board of supervisors shall not impose any fine, penalty or other requirement on any person or entity for choosing to install or equip or not install or equip fire sprinklers in such a residence. This subsection does not apply to any code or ordinance that requires fire sprinklers in a residence and that was adopted before December 31, 2009. The provisions of this subsection shall be included on all fire sprinkler permit applications that are for a single family detached residence or any residential building that contains not more than two dwelling units.

F. A fire sprinkler permit application may be in either print or electronic format.

G. A board of supervisors may not adopt any, or part of any, fire code, ordinance, stipulation or other legal requirement for an approved fire apparatus access road or a fire apparatus access road extension, or both, or an approved route or a route extension, or both, that directly or indirectly requires a one or two family residence or a utility or miscellaneous accessory building or structure to install fire sprinklers. A fire code official may increase or extend an approved fire apparatus access road or a fire apparatus access road extension, or both, or an approved route or a route extension, or both, to comply with this subsection. Compliance with this subsection is not grounds to deny or suspend a license or permit. This subsection may be enforced in a private civil action and relief, including an injunction, may be awarded against a county. The court shall award reasonable attorney fees, damages, lost opportunity costs, interest and the cost of the sprinkler system to a party that prevails in an action against a county for a violation of this subsection. The legislature finds and determines that property rights are a matter of statewide concern and a fundamental element of freedom.� A property owner's right to use the property owner's property must be protected from unreasonable abridgment by county regulation and enforcement. This subsection supersedes and preempts any regulation adopted by a county regarding an approved fire apparatus access road, fire apparatus access road extension, approved route or route extension.� For the purposes of this subsection:

1. "Fire code" includes the international fire code, however denominated.

2. "Utility or miscellaneous accessory building or structure" includes an agricultural building, aircraft hangar, accessory to a residence, barn, carport, fence that is more than six feet high, grain silo, greenhouse, livestock shelter, private garage, retaining wall, shed, stable, tank or tower.

H. If a fire code adopted by a board of supervisors requires the use of a fire watch, an employee who works at the building in which a fire watch is required may serve as the fire watch.� A person who is designated as a fire watch shall be equipped with means to contact the local fire department, and the person's only duty while keeping watch for fires shall be to perform constant patrols of the protected premises. The county shall provide the fire watch with printed instructions from the state fire marshal and may provide a free training session before the person's deployment as the fire watch begins.� For the purposes of this subsection, "fire watch" means a person who is stationed in a building or in a place relative to a building to observe the building and its openings when the fire protection system for the building is temporarily nonoperational or absent.

I. From and after December 31, 2014, a code or ordinance or part of a uniform code or ordinance that is adopted by the board of supervisors applies to locking devices for pool barrier gates used for means of ingress or egress for semipublic swimming pools.� Any new construction or major renovation of a semipublic swimming pool from and after December 31, 2014 must meet the requirements of the code or ordinance or part of the uniform code or ordinance that is adopted by the board of supervisors.� This subsection does not apply to a locking device for a pool barrier gate used for means of ingress or egress for a semipublic swimming pool that was installed before January 1, 2015, if the locking device meets the requirements prescribed in section 36‑1681, subsection B, paragraph 3. END_STATUTE

Sec. 2. Section 17-211, Arizona Revised Statutes, is amended to read:

START_STATUTE17-211. Director; selection; removal; powers and duties; employees

A. The commission shall appoint a director of the Arizona game and fish department, who shall be the chief administrative officer of the game and fish department. The director shall receive compensation as determined pursuant to section 38‑611. The director shall be selected on the basis of administrative ability and general knowledge of wildlife management. The director shall act as secretary to the commission, and shall serve at the pleasure of the commission. The director shall not hold any other office, and shall devote the entire time to the duties of office.

B. The commission shall prepare an examination for the post of director to comply with the requirements of this title. The examination shall be conducted at the offices of the commission at the capital to establish an active list of eligible applicants. The director shall be selected from those scoring satisfactory grades and having other qualities deemed advisable by the commission.� The commission may call for additional examinations from time to time for selection of a new list of eligible applicants to fill a vacancy.

C. Subject to title 41, chapter 4, article 4, the director may appoint employees necessary to carry out the purposes of this title, when funds for the payment of their salaries are appropriated. Department employees shall be located in different sections of the state where their services are most needed. Compensation for persons appointed shall be as determined pursuant to section 38‑611.

D. The director shall:

1. Have general supervision and control of all activities, functions and employees of the department.

2. Enforce all provisions of this title, including all commission rules.

3. Collaborate with the state forester in presentations to legislative committees on issues associated with forest management and wildfire prevention and suppression as provided by section 37‑622 37‑1302, subsection B.

E. Game rangers and wildlife managers may, in addition to other duties:

1. Execute all warrants issued for a violation of this title.

2. Execute subpoenas issued in any matter arising under this title.

3. Search without warrant any aircraft, boat, vehicle, box, game bag or other package where there is sufficient cause to believe that wildlife or parts of wildlife are possessed in violation of law.

4. Inspect all wildlife taken or transported and seize all wildlife taken or possessed in violation of law, or showing evidence of illegal taking.

5. Seize as evidence devices used illegally in taking wildlife and hold them subject to the provisions of section 17‑240.

6. Generally exercise the powers of peace officers with primary duties the enforcement of this title.

7. Seize devices that cannot be lawfully used for the taking of wildlife and are being so used and hold and dispose of them pursuant to section 17‑240. END_STATUTE

Sec. 3. Section 23-422, Arizona Revised Statutes, is amended to read:

START_STATUTE23-422. Review board

A. A review board shall be is established within the commission to hear and rule on appeals of administrative law judge decisions generated in this article. The board shall consist of five members appointed by the governor. The occupational safety and health advisory committee shall submit to the governor a list of names of persons to be considered for appointment to the board who by reason of training, education or experience are qualified to carry out the powers and duties of the board. One member shall be a representative of management, one member shall be a representative of labor and three members shall be representatives of the general public. The board shall elect a chairman from its the board's membership.

B. Members of the review board shall be appointed to five‑year terms, except that of the members first appointed, one each shall serve for a term of one, two, three, four and five years. A vacancy occurring on the board other than by expiration of a term shall be filled in the manner original appointments were made, for the unexpired portion of the term. Members of the board may be removed by the governor for inefficiency, neglect of duty, malfeasance or nonfeasance in office. The review board shall meet as often as necessary to hold review hearings as provided in section 23‑423, at such times and places as the chairman may determine. One member from management, one member from labor and one member from the general public shall be present in order to conduct review hearings or other business. All decisions of the board shall be determined by a majority decision.

C. The review board commission shall employ a staff necessary for the efficient administration of the board's activities. All such personnel of the review board shall be under the supervision of the chairman of the review board. Such employees director of the commission and shall be paid from the general fund, subject to legislative appropriation.

D. Board members shall receive compensation pursuant to section 38‑611, which shall be paid from the general fund, subject to legislative appropriation.

E. The sums monies appropriated to carry out the purposes of subsections C and D of this section shall be appropriated to the review board and commission, shall not exceed twenty thousand dollars per year and are exempt from the provisions of section 35‑190 relating to lapsing of appropriations. Such sums The monies shall be kept separate and apart from any funds other monies of the industrial commission and shall be available only to the review board.

F. No A member of the review board shall not participate on a matter with which he the member is personally associated. If a member disqualifies himself is disqualified pursuant to this subsection or is unable to participate for any other reason on a particular matter, the governor shall appoint a person as a temporary member to participate in such the hearing. The occupational safety and health advisory committee shall submit to the governor a list of names of persons to be considered for a temporary appointment. Such The person shall meet the qualifications of subsection A of this section, and shall be representative of the same area as that of the member for whom he the person is serving as alternate. END_STATUTE

Sec. 4. Section 26-306, Arizona Revised Statutes, is amended to read:

START_STATUTE26-306. Powers and duties of the director of emergency management

A. The director, subject to the approval of the adjutant general, shall:

1. Be the administrative head of the division.

2. Be the state director for emergency management.

3. Make rules necessary for the operation of the division.

4. Develop and test plans for meeting any condition constituting a state of emergency or state of war emergency, except those emergency plans specifically assigned by the governor to other state agencies. Such plans shall provide for the effective mobilization and management of personnel and equipment of the state.

5. During a state of war emergency, coordinate the emergency activities of all state agencies except the national guard.

6. During a state of emergency or a local emergency, coordinate the emergency activities of all state agencies and the national guard.

7. Coordinate the use of state personnel, equipment, services and facilities, including communication services, if requested by political subdivisions in support of emergency management activities.

8. Coordinate the use of personnel, equipment, services and facilities, including communication services, of one or more political subdivisions in support of any other political subdivision in meeting emergency needs, including search or rescue operations, on the request of the using political subdivision.

9. Develop, test and maintain a plan pursuant to section 26‑305.01 for response by agencies of this state and its political subdivisions to an accident at a commercial nuclear generating station.

10. Every two years, submit a recommendation to the legislature in connection with the assessment prescribed by section 26‑306.01 with supporting documentation and information.

11. Collaborate with the state forester in presentations to legislative committees on issues associated with forest management, wildfire prevention and suppression and wildfire emergency response and management as provided by section 37‑622 37‑1302, subsection B.

12. Develop, implement and maintain a state hazardous materials emergency response and recovery plan as part of the hazardous materials emergency management program pursuant to section 49‑123.

13. Coordinate the development, implementation and maintenance of standardized curricula for hazardous materials training and education.

B. The director, subject to the approval of the adjutant general, may:

1. Propose, develop, negotiate and consummate contractual arrangements with the federal government, state agencies and political subdivisions for technical, administrative and financial support from the federal, state and local government in connection with the emergency management activities of the state.

2. Represent the state at conferences in the development and promotion of the emergency management capability of the state.

3. Establish a disaster prevention council to plan for disaster prevention. The council shall consist of the members of the state emergency council and other members as determined by the director. The disaster prevention council shall coordinate the disaster prevention expertise of representatives of federal, state and local business and industry and promote partnerships to substantially reduce property loss from natural and technological disasters. END_STATUTE

Sec. 5. Section 27-102, Arizona Revised Statutes, is amended to read:

START_STATUTE27-102. Arizona geological survey; state geologist; powers

A. The Arizona geological survey is established within the university of Arizona with offices located in proximity to the university of Arizona in Tucson. The governor shall appoint a state geologist, pursuant to section 38‑211, to be the administrative head of shall administer the Arizona geological survey and to shall serve at the pleasure of the governor arizona board of regents. The state geologist shall be registered as a geologist by the state board of technical registration, a graduate of an accredited institution and otherwise qualified by education and experience to direct the research and information functions of the Arizona geological survey.

B. The state geologist may organize the Arizona geological survey into such administrative units, and, subject to title 41, chapter 4, article 4, employ professional and support staff, as necessary to achieve the objectives and promote the policies prescribed by this article.

C. B. The state geologist may:

1. Retain Engage the services of faculty members or students, and shall have reasonable access to the data and other resources, of the university of Arizona or any other state university in this state to conduct or supervise research, experimentation or other related work of the Arizona geological survey.

2. Organize field expeditions to perform work for the Arizona geological survey using university students who are sufficiently advanced in their study of geology to be able to perform satisfactory work.

3. Establish and appoint an advisory board consisting of independent practicing geologists, university or college faculty, mining geologists and others who use and rely on data, information and other services of the Arizona geological survey.

4. Employ Engage volunteer staff as necessary.

D. C. The expenses of the Arizona geological survey shall be paid by annual appropriation from the state general fund and as otherwise provided by this article. END_STATUTE

Sec. 6. Section 27-104, Arizona Revised Statutes, is amended to read:

START_STATUTE27-104. Qualifications of employees; private activities relating to geological services prohibited

Qualifications of employees of working with the Arizona geological survey shall be prescribed by the state geologist with the concurrence of the governor Arizona board of regents. Neither the state geologist nor any employee working with the Arizona geological survey shall:

1. Acquire a pecuniary interest in any mineral resources property in the state.

2. Act as broker or agent for any purchaser, owner or agent of mineral resources property, equipment or products.

3. Accept any commission or compensation for services rendered in connection with industry in this state.

4. Make an investigation or report on an individual Arizona deposit of mineral resources or metallurgical process other than pursuant to such employee's official duties. END_STATUTE

Sec. 7. Section 27-105, Arizona Revised Statutes, is amended to read:

START_STATUTE27-105. Immunity

Any claim or action against the Arizona geological survey, the state geologist or any other officer, employee or volunteer of working with the geological survey in the person's official capacity must be brought against the state of Arizona and not against the geological survey, state geologist or officer, employee or volunteer individually. END_STATUTE

Sec. 8. Section 27-106, Arizona Revised Statutes, is amended to read:

START_STATUTE27-106. Duties of Arizona geological survey; mining, mineral and natural resources educational museum

A. The Arizona geological survey shall:

1. Map and describe the bedrock and related geologic materials and processes in Arizona this state, as follows:

(a) Prepare geologic maps that show the distribution of rock formations and surficial materials at the surface and in the subsurface.

(b) Describe the character of rock and surficial materials, including their age, origin and physical and chemical properties.

(d) Map and characterize energy and mineral resources and identify areas that may have potential for future discoveries.

2. Provide objective, scientific information about the geologic character of this state as follows:

(a) Provide timely, courteous responses to requests for information, advice and assistance from the public.

(b) Maintain a computerized bibliographic database of maps and reports on the geology of this state that is accessible to the public.

(c) Maintain an internet web site website that includes information about the Arizona geological survey, products and services available and the geologic character of this state.

(d) Give lectures and talks, conduct workshops, lead field trips and provide information and assistance to public, educational and professional groups.

(e) Publish reports and other information, written in nontechnical terms, to inform those who are not trained in geology about the geologic character of Arizona this state.

3. Prepare all data files of known areas of earth fissures, produce maps of those areas with overlays showing affected counties, cities, towns, highways and streets and transmit the maps in printed and electronic format to the state real estate department for purposes of providing public access to the earth fissure maps pursuant to this paragraph and section 32‑2117.� The Arizona geological survey shall provide any map to any member of the public in printed or electronic format on request.� The following notice shall be displayed below each map:

Notice

The state of Arizona has made a reasonable effort to ensure the accuracy of this map when it was produced, but errors may be present and the state of Arizona does not guarantee its accuracy. The map supplements, and is not a substitute for, a professional inspection of property for defects and conditions.

4. Operate and maintain a central repository and a computerized database for reports, books, maps and other publications regarding the geology, mining and mineral resources and associated technologies. Such repository and database shall be available for the use of the public and may be located at or connected with the university of Arizona or another state university or agency of this state. All databases and other archival materials shall be maintained in a secure and retrievable format and at a location prescribed by the state geologist to protect and preserve information from damage or destruction.

5. Operate and maintain a central repository for rock cores, well cuttings and samples and all associated supplemental data consistent with the laws of this state requiring the deposit of such material and information.� Such repository shall be available for the use of the public.

6. Receive and expend any monies arising from grants, contracts, contributions, gratuities or reimbursements payable or distributable to this state from the United States, or from state, county, municipal or other governmental sources.� The Arizona geological survey shall also receive and expend any monies arising from grants, contracts, contributions, gratuities or reimbursements donated by private persons or corporations. Monies received pursuant to this paragraph shall be deposited in the geological survey fund and handled pursuant to section 27‑107.

7. Contract and be contracted with.

8. 5. Utilize the services and expertise of the universities of the this state at the discretion of the state geologist.

9. 6. Cooperate with local, county, state and federal agencies.

10. Provide administrative and staff support for the Arizona oil and gas conservation commission.

11. 7. Provide quality mining data, evaluation and assistance relating to mining and mineral development to the legislature, federal, state and local governmental agencies and the public.

12. 8. Serve as a source of mining information and data necessary or advisable to attain its objectives. The state geologist Arizona board of regents may establish reasonable fees for publications and other services of the Arizona geological survey.

13. 9. Cooperate with the Arizona corporation commission in its investigations and administration of laws, relating to the sale of mining securities.

B. In coordination with the mining, mineral and natural resources educational museum advisory council established by section 27‑111, the Arizona geological survey shall operate and maintain a mining, mineral and natural resources educational museum as the state depository for collecting, cataloging and displaying mining, mineral and natural resources artifacts and specimens. In connection with the mining, mineral and natural resources educational museum, the state geologist may:

1. Promote the recognition and celebration of the historical, cultural, economic and social contributions to this state made by the mining, mineral and natural resources industries in this state, including the livestock and agricultural industries.

2. Apply for and accept grants, gifts, bequests of legacies of real or personal property, donations, including donations of time, services and materials, or any other contribution, financial or otherwise, for use in accordance with the direction of the donor or, in the absence of an express direction, as prescribed by the Arizona geological survey.� Monies received pursuant to this paragraph shall be deposited in a separate mining, mineral and natural resources educational museum account in the geological survey fund established by section 27-107 to be used exclusively for the maintenance, restoration and operations of the mining, mineral and natural resources educational museum.

3. Accept from the federal or state government, any local government or any of their agencies restricted and unrestricted monies made available to this state for the mining, mineral and natural resources educational museum.

4. Establish and collect entrance fees to the mining, mineral and natural resources educational museum.

5. Operate a retail gift shop, including the acquisition, purchase and resale of mining, mineral and natural resources specimens and related items.

6. Employ a curator for the mining, mineral and natural resources educational museum who possesses knowledge or experience in natural resources and operating a museum.

7. Operate educational programming for the mining, mineral and natural resources educational museum.

8. Accept the services of volunteers and provide oversight for their activities.

9. Pay the necessary maintenance and operation expenses of the mining, mineral and natural resources educational museum.

C. The Arizona geological survey:

1. With the approval of the mining, mineral and natural resources educational museum advisory council, shall adopt a collections management policy that is consistent with national standards and best practices for museums in the united states established by a national association of museums.

2. Shall maintain the items, artifacts and other inventory received for display or storage, including equipment and outdoor displays.

3. In coordination with the mining, mineral and natural resources educational museum advisory council and pursuant to the standards and best practices adopted pursuant to paragraph 1 of this subsection, may sell or otherwise dispose of materials received for the mining, mineral and natural resources educational museum. END_STATUTE

Sec. 9. Section 27-106, Arizona Revised Statutes, as amended by section 8 of this act, is amended to read:

START_STATUTE27-106. Duties of Arizona geological survey

A. The Arizona geological survey shall:

1. Map and describe the bedrock and related geologic materials and processes in this state, as follows:

(a) Prepare geologic maps that show the distribution of rock formations and surficial materials at the surface and in the subsurface.

(b) Describe the character of rock and surficial materials, including their age, origin and physical and chemical properties.

(d) Map and characterize energy and mineral resources and identify areas that may have potential for future discoveries.

2. Provide objective, scientific information about the geologic character of this state as follows:

(a) Provide timely, courteous responses to requests for information, advice and assistance from the public.

(b) Maintain a computerized bibliographic database of maps and reports on the geology of this state that is accessible to the public.

(c) Maintain an internet website that includes information about the Arizona geological survey, products and services available and the geologic character of this state.

(d) Give lectures and talks, conduct workshops, lead field trips and provide information and assistance to public, educational and professional groups.

(e) Publish reports and other information, written in nontechnical terms, to inform those who are not trained in geology about the geologic character of this state.

3. Prepare all data files of known areas of earth fissures, produce maps of those areas with overlays showing affected counties, cities, towns, highways and streets and transmit the maps in printed and electronic format to the state real estate department for purposes of providing public access to the earth fissure maps pursuant to this paragraph and section 32‑2117.� The Arizona geological survey shall provide any map to any member of the public in printed or electronic format on request. The following notice shall be displayed below each map:

Notice

5. Utilize the services and expertise of the universities of this state at the discretion of the state geologist.

6. Cooperate with local, county, state and federal agencies.

7. Provide quality mining data, evaluation and assistance relating to mining and mineral development to the legislature, federal, state and local governmental agencies and the public.

8. Serve as a source of mining information and data necessary or advisable to attain its objectives. The Arizona board of regents may establish reasonable fees for publications and other services of the Arizona geological survey.

9. Cooperate with the Arizona corporation commission in its investigations and administration of laws, relating to the sale of mining securities.

2. Apply for and accept grants, gifts, bequests of legacies of real or personal property, donations, including donations of time, services and materials, or any other contribution, financial or otherwise, for use in accordance with the direction of the donor or, in the absence of an express direction, as prescribed by the Arizona geological survey. Monies received pursuant to this paragraph shall be deposited in a separate mining, mineral and natural resources educational museum account in the geological survey fund established by section 27-107 to be used exclusively for the maintenance, restoration and operations of the mining, mineral and natural resources educational museum.

4. Establish and collect entrance fees to the mining, mineral and natural resources educational museum.

5. Operate a retail gift shop, including the acquisition, purchase and resale of mining, mineral and natural resources specimens and related items.

6. Employ a curator for the mining, mineral and natural resources educational museum who possesses knowledge or experience in natural resources and operating a museum.

7. Operate educational programming for the mining, mineral and natural resources educational museum.

8. Accept the services of volunteers and provide oversight for their activities.

9. Pay the necessary maintenance and operation expenses of the mining, mineral and natural resources educational museum.

C. The Arizona geological survey:

2. Shall maintain the items, artifacts and other inventory received for display or storage, including equipment and outdoor displays.

Sec. 10. Section 27-107, Arizona Revised Statutes, is amended to read:

START_STATUTE27-107. Powers and duties; fund

A. The state geologist university of Arizona shall:

1. Establish such administrative functions and offices as necessary to achieve the purposes of this article.

2. Prescribe the number and professional disciplines of the technical staff and their office and laboratory associates.

3. 2. Direct the work of the Arizona geological survey and the formulation of its program and policies.

4. 3. Adopt such rules as are necessary to carry out the purposes of this article.

5. Purchase or lease necessary office and laboratory equipment and acquire facilities from the state or lease necessary office and laboratory space.

6. Apply for and accept gifts, bequests or legacies of real or personal property or any other contribution, financial or otherwise, for use pursuant to the direction of the donor or, in the absence of an express direction, to be disposed of for the best interests of this state.� The state geologist shall honor any restriction imposed by the donor on divulging contributed information or tangible personal property.

7. Accept from the federal, state and local governments or their agencies monies made available to this state for the purposes of this article.

8. Enter into cooperative agreements with federal, county or municipal governments or their agencies or with any agency or governmental unit established by the law of this or any other state for the purpose of carrying out the provisions of this article.

9. Contract with persons and organizations, public or private, to provide services for the Arizona geological survey.

10. Appoint a person with a background in oil and gas conservation to act on behalf of the oil and gas conservation commission and administer and enforce the applicable provisions of chapter 4 of this title relating to the oil and gas conservation commission.

B. The state geologist or the geologist's designee, at any time, may enter the property and inspect wells drilled for oil, gas, geothermal resources, helium or carbon dioxide and shall control property, machinery and appliances necessary to gauge the wells.

C. A The geological survey fund is established for the purposes provided in this article consisting of appropriations and all monies received pursuant to this article and section 27‑515.� Monies shall be separately accounted for and used as a continuing appropriation by the state geologist university of Arizona for the purposes provided from each source.� Monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.� The fund includes a separate mining, mineral and natural resources educational museum account consisting of monies received pursuant to section 27‑106, subsection B to be used exclusively for the maintenance and operations of the mining, mineral and natural resources educational museum. END_STATUTE

Sec. 11. Section 27-107, Arizona Revised Statutes, as amended by section 10 of this act, is amended to read:

START_STATUTE27-107. Powers and duties; fund

A. The university of Arizona shall:

1. Establish administrative functions and offices as necessary to achieve the purposes of this article.

2. Direct the work of the Arizona geological survey and the formulation of its program and policies.

3. Adopt rules as necessary to carry out the purposes of this article.

C. The geological survey fund is established for the purposes provided in this article consisting of appropriations and all monies received pursuant to this article.� Monies shall be separately accounted for and used as a continuing appropriation by the university of Arizona for the purposes provided from each source.� Monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.� The fund includes a separate mining, mineral and natural resources educational museum account consisting of monies received pursuant to section 27‑106, subsection B to be used exclusively for the maintenance and operations of the mining, mineral and natural resources educational museum. END_STATUTE

Sec. 12. Section 27-108, Arizona Revised Statutes, is amended to read:

START_STATUTE27-108. Publications; deposit

A. The state geologist Arizona board of regents, through the state geologist, may publish, in the form of bulletins, circulars, maps and other related series, or otherwise make available to state agencies, government officials, industry and the public the results of geological and related research and investigation undertaken by the Arizona geological survey. A publication shall not include any confidential information pursuant to section 27‑522. The state geologist shall consult with the operator and obtain the approval of the scope of work for the publication before the state geologist releases any proposed publication pertaining to a project regulated by the oil and gas conservation commission.

B. The publications of the Arizona geological survey shall be printed as the state geologist University of Arizona determines and distributed or sold as the interests of this state or science demand.� Money obtained by the sale of publications shall be deposited in the geological survey fund established by section 27‑107 for printing further publications.

C. All materials collected, after having served the purpose of the Arizona geological survey, shall be made available to the universities, community colleges and high schools of this state. END_STATUTE

Sec. 13. Repeal

Section 27-109, Arizona Revised Statutes, is repealed.

Sec. 14. Section 27-110, Arizona Revised Statutes, is amended to read:

START_STATUTE27-110. Trade secrets; confidentiality; definition

A. The state geologist Arizona board of regents may receive and accept geologic, engineering and feasibility studies and other economic and technical information that is considered a trade secret in the mineral industry.

B. Trade secret information obtained under this section is confidential and not subject to public disclosure.

C. For the purposes of this section, "trade secret" means information to which all of the following apply:

1. A person has taken reasonable measures to protect the information from disclosure and the person intends to continue to take those measures.

2. The information is not and has not been reasonably obtainable by legitimate means by other persons without the person's consent, other than by governmental entities and other than in discovery based on a showing of special need in a judicial or quasi‑judicial proceeding.

3. A statute does not specifically require disclosure of the information to the public.

4. The person has satisfactorily shown that disclosing the information is likely to cause substantial harm to the person's competitive position. END_STATUTE

Sec. 15. Section 41-827.01, Arizona Revised Statutes, is transferred and renumbered for placement in title 27, chapter 1, article 1, Arizona Revised Statutes, as section 27-111 and, as so renumbered, is amended to read:

START_STATUTE27-111. Mining, mineral and natural resources educational museum advisory council; membership; duties; terms; compensation

A. The ~~centennial and~~ mining, ~~and~~ mineral and natural resources educational museum advisory council is established consisting of the following members who, except for the members designated pursuant to paragraphs 1, 9 and 2 10 of this subsection, are appointed by the governor:

~~1. The executive director of the Arizona historical society or the director's designee.~~

2. 1. The state geologist or the state geologist's designee.

3. 2. ~~Two members~~ One member representing the livestock industry.

4. 3. Two members representing the mining industry.

5. 4. ~~Two members~~ One member representing the agriculture industry.

6. 5. ~~Two members~~ One member representing the tourism ~~and other climate-related industries~~ industry.

7. 6. ~~Two members~~ One member representing the ~~specialty crops~~ timber industry.

8. 7. One member who is ~~a natural resources education professional~~ knowledgeable in gems and minerals.

~~9. One member representing a natural resources foundation.~~

~~10.~~ 8. Two members representing the public.

9. One member of the house of representatives who is appointed by the speaker of the house of representatives.

10. One member of the senate who is appointed by the president of the senate.

B. The advisory council shall:

1. Select a chairperson and vice-chairperson from among its members.

2. Hold regular meetings and additional meetings at the call of the chairperson or a majority of its members.

3. Provide oversight and advice to the ~~director of the Arizona historical society~~ state geologist regarding the ~~centennial museum that houses the~~ mining, ~~and~~ mineral and natural resources educational museum and assist in promoting the mission of the ~~centennial~~ museum. The ~~director~~ state geologist shall accept the recommendations of the advisory council if the ~~director~~ state geologist finds them to be practicable and in the best interest of the mining, mineral and natural resources educational museum.

4. Establish a subcommittee to provide assistance and advice in the areas of educational programming, the hiring and retention of a curator and oversight of mineral collections. The advisory council may establish subcommittees to act in an advisory capacity on other matters relevant to the mining, mineral and natural resources educational museum and the advisory council's duties.

C. The initial members appointed pursuant to subsection A, paragraphs ~~3 through 10~~ 2, 3, 4, 5, 6 and 7 of this section shall assign themselves by lot to three, four and five year terms of office. All subsequent members serve ~~five year~~ four‑year terms of office. A member may continue to serve until the member's successor is appointed and assumes office.

D. Members of the advisory council are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.� The advisory council is a public body for purposes of title 38, chapter 3, article 3.1. END_STATUTE

Sec. 16. Repeal

Section 27-112, Arizona Revised Statutes, is repealed.

Sec. 17. Section 27-515, Arizona Revised Statutes, is amended to read:

START_STATUTE27-515. Administration; powers of the commission; fees

A. The commission shall administer and enforce the provisions of this article and other laws relating to conservation of oil and gas. The commission and administrative staff, at any time, may enter upon property and inspect wells drilled for oil or gas, and well records, and shall control property, machinery and appliances necessary to gauge the wells.� The Arizona geological survey department of environmental quality shall provide staff support to the commission to administer the provisions of this chapter.

B. The commission may:

1. Administer oaths to a witness in any hearing, investigation or proceeding held under this article or any other law relating to conservation of oil and gas.

2. Issue subpoenas requiring attendance and testimony of witnesses and production of books, papers and records deemed material or necessary, and direct service of subpoenas by a sheriff or other officer authorized by law to serve process.

3. Prescribe rules and do all acts necessary or advisable to carry out the provisions of this article.

4. Collect such fees as will to cover the costs of such services as, but not limited to, including reproduction of records or any portion thereof of records and copies of rules.� The monies so collected shall are not be subject to the provisions of section 27‑523 but shall be deposited, pursuant to sections 35‑146 and 35‑147, by the commission in the fund from which the expenditure was originally made.

5. Publish technical maps, cross sections and reports and sell these materials for such fees as that will cover the costs incurred in their preparation, reproduction and distribution.

C. The commission may enter into cooperative agreements with agencies of the United States government, with agencies of state or local government or with Indian tribes for the purpose of protection of the fresh water supplies of the this state from contamination or pollution brought about by the drilling of any well or for any other purpose of this article.

D. The commission may apply for and accept gifts, devises and donations of books, well records, maps or other materials.� All donated materials shall become public records.

E. Monies collected under subsection B, paragraph 5 of this section are not subject to section 27‑523 but shall be deposited, pursuant to sections 35‑146 and 35‑147, in the geological survey permit administration fund established by section 27‑107 49‑455 and shall be used to prepare, reproduce and distribute further publications.� Monies in the fund are not subject to section 27‑523. END_STATUTE

Sec. 18. Section 28-907, Arizona Revised Statutes, is amended to read:

START_STATUTE28-907. Child restraint system; civil penalty; exemptions; notice; child restraint fund; definitions

A. Except as provided in subsection H of this section, a person shall not operate a motor vehicle on the highways in this state when transporting a child who is under five years of age unless that child is properly secured in a child restraint system.

B. The operator of a motor vehicle that is designed for carrying ten or fewer passengers, that is manufactured for the model year 1972 and thereafter and that is required to be equipped with an integrated lap and shoulder belt or a lap belt pursuant to the federal motor vehicle safety standards prescribed in 49 Code of Federal Regulations section 571.208 shall require each passenger who is at least five years of age, who is under eight years of age and who is not more than four feet nine inches tall to be restrained in a child restraint system.

C. The department shall adopt standards in accordance with 49 Code of Federal Regulations section 571.213 for the performance, design and installation of child restraint systems for use in motor vehicles as prescribed in this section.

D. A person who violates this section is subject to a civil penalty of fifty dollars, except that a civil penalty shall not be imposed if the person makes a sufficient showing that the motor vehicle has been subsequently equipped with a child restraint system that meets the standards adopted pursuant to subsection C of this section. A sufficient showing may include a receipt mailed to the appropriate court officer that evidences purchase or acquisition of a child restraint system. The court imposing and collecting the civil penalty shall deposit, pursuant to sections 35‑146 and 35‑147, the monies, exclusive of any surcharges imposed pursuant to sections 12‑116.01 and 12‑116.02, in the child restraint fund.

E. If a law enforcement officer stops a vehicle for an apparent violation of this section, the officer shall determine from the driver the age and height of the child or children in the vehicle to assess whether the child or children in the vehicle should be in child restraint systems.

F. If the information given to the officer indicates that a violation of this section has not been committed, the officer shall not detain the vehicle any further unless some additional violation is involved. The stopping of a vehicle for an apparent or actual violation of this section is not probable cause for the search or seizure of the vehicle unless there is probable cause for another violation of law.

G. The requirements of this section or evidence of a violation of this section are not admissible as evidence in a judicial proceeding except in a judicial proceeding for a violation of this section.

H. This section does not apply to any of the following:

1. A person who operates a motor vehicle that was originally manufactured without passenger restraint devices.

2. A person who operates a motor vehicle that is also a recreational vehicle as defined in section 41‑2142 41‑4001.

3. A person who operates a commercial motor vehicle and who holds a current commercial driver license issued pursuant to chapter 8 of this title.

4. A person who must transport a child in an emergency to obtain necessary medical care.

5. A person who operates an authorized emergency vehicle that is transporting a child for medical care.

6. A person who transports more than one child under eight years of age in a motor vehicle that because of the restricted size of the passenger area does not provide sufficient area for the required number of child restraint systems, if both of the following conditions are met:

(a) At least one child is restrained or seated as required by this section.

(b) The person has secured as many of the other children in child restraint systems pursuant to this section as is reasonable given the restricted size of the passenger area and the number of passengers being transported in the motor vehicle.

I. Before the release of any newly born child from a hospital, the hospital in conjunction with the attending physician shall provide the parents of the child with a copy of this section and information with regard to the availability of loaner or rental programs for child restraint systems that may be available in the community where the child is born.

J. A child restraint fund is established. The fund consists of all civil penalties deposited pursuant to this section and any monies donated by the public. The department of child safety shall administer the fund.

K. The department of child safety shall purchase child restraint systems that meet the requirements of this section from monies deposited in the fund. If a responsible agency requests child restraint systems and if they are available, the department of child safety shall distribute child restraint systems to the requesting responsible agency.

L. On the application of a person to a responsible agency on a finding by the responsible agency to which the application was made that the applicant is unable to acquire a child restraint system because the person is indigent and subject to availability, the responsible agency shall lend the applicant a child restraint system at no charge for as long as the applicant has a need to transport a child who is subject to this section.

M. Monies in the child restraint fund shall not exceed twenty thousand dollars. All monies collected over the twenty thousand dollar limit shall be deposited in the Arizona highway user revenue fund established by section 28‑6533.

N. For the purposes of this section:

1. "Child restraint system" means an add‑on child restraint system, a built‑in child restraint system, a factory‑installed built‑in child restraint system, a rear‑facing child restraint system or a booster seat as defined in 49 Code of Federal Regulations section 571.213.

2. "Indigent" means a person who is defined as an eligible person pursuant to section 36‑2901.01.

3. "Responsible agency" means a licensed hospital, a public or private agency providing shelter services to victims of domestic violence, a public or private agency providing shelter services to homeless families or a health clinic. END_STATUTE

Sec. 19. Section 28-1093, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1093. Vehicle width; exceptions

A. Except as otherwise provided in subsections B and C of this section and section 28‑627, the total outside width of a vehicle or the load on the vehicle shall not exceed eight feet.

B. If pneumatic tires, in substitution for the same type or other type of tires, are placed on a vehicle in operation on July 1, 1950:

1. The maximum width from the outside of one wheel and tire to the outside of the opposite wheel and tire shall not exceed eight feet six inches.

2. The outside width of the body of the vehicle or the load on the vehicle shall not exceed eight feet.

C. A person may operate a vehicle with a total width of the vehicle or the load on the vehicle of not more than one hundred two inches, exclusive of safety equipment, on:

1. Any segment of the national system of interstate and defense highways.

2. Any other qualifying federal aid highway.

3. Any state highway, as designated by the director.

4. Streets that are designated by a local authority as follows:

(a) The local authority may designate the streets by signage of the allowable streets or by maintenance of a map or list of allowable streets as approved by a resolution of the local authority.

(b) In designating the streets, the local authority shall consider any reasonable restriction including such safety restrictions as structural hazards and street width and any other safety factors identified by the local authority as a hazard to the motoring public.

5. A highway that reasonably accesses interstate system highways, federal aid highways or state highways from terminals and facilities that provide food, fuel, repairs and lodging or from emergency medical facilities.

D. Notwithstanding subsections A, B and C of this section, the total outside width of a noncommercial recreational vehicle as defined in section 41‑2142 41‑4001 may be more than one hundred two inches if the excess width is attributable to recreational vehicle appurtenances that do not extend beyond the exterior rearview mirrors of the recreational vehicle or tow vehicle and the rearview mirrors only extend the distance necessary to provide the appropriate field of view for the vehicle before the appurtenances are attached. For the purposes of this subsection, "recreational vehicle appurtenance":

1. Includes:

(a) An awning and its support hardware.

(b) Any appendage that is intended to be an integral part of the recreational vehicle and that is installed by the manufacturer or dealer.

2. Does not include an item that is temporarily affixed or attached to the exterior of the recreational vehicle by the vehicle's operator for the purpose of transporting the item from one location to another location. END_STATUTE

Sec. 20. Section 28-1095, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1095. Vehicle length; exceptions; permits; rules; definitions

A. A vehicle, including any load on the vehicle, shall not exceed a length of forty feet extreme overall dimension, including front and rear bumpers. This subsection does not apply to any of the following:

1. A semitrailer when used in combination with a truck or a truck tractor.

2. A truck that is equipped with a conveyor bed, that is used solely as a fiber and forage module mover and that does not exceed forty‑eight feet in length.

3. An articulated bus or articulated trolley coach that does not exceed a length of sixty feet.

4. A bus that is not articulated and that does not exceed a length of forty‑five feet.

5. A recreational vehicle, a power unit, a farm vehicle, a horse trailer or wheeled equipment as defined in section 28‑2153 if used in combination with two units and if the combination does not exceed sixty‑five feet in length.

6. A recreational vehicle as defined in section 41‑2142 41‑4001, paragraph 30, subdivision (b) that does not exceed a length of forty‑five feet.

B. A vehicle transporter may draw only one semitrailer. A combination of vehicles, excluding a vehicle transporter and the semitrailer it draws, that is coupled together shall not consist of more than two units, except that a truck or a truck tractor and semitrailer may draw either one trailer or a forklift.

C. The following restrictions apply:

1. The length of a semitrailer operating in a truck tractor‑semitrailer combination or a truck tractor‑semitrailer‑forklift combination shall not exceed fifty‑seven feet six inches.

2. The length of a semitrailer or trailer operating in a truck tractor‑semitrailer‑trailer combination shall not exceed twenty‑eight feet six inches.

3. The length of a trailer operating in a truck‑trailer combination shall not exceed twenty‑eight feet six inches.

4. If the length of a semitrailer is more than fifty‑three feet, the overall length of a truck tractor‑semitrailer combination shall not exceed sixty‑five feet on all highways, except for the national intercity truck route network designated by the United States secretary of transportation as required by the surface transportation assistance act of 1982 or on a system of highways that is designated by a local authority. In designating the streets, the local authority shall consider any reasonable restriction including such safety restrictions as structural hazards and street width and any other safety factors identified by the local authority as a hazard to the motoring public.

5. A vehicle transporter and the semitrailer it draws shall not exceed a length of seventy‑five feet.

6. A truck‑semitrailer combination shall not exceed an overall length of sixty‑five feet.

D. Subsection B and subsection C, paragraphs 1 through 6 of this section do not apply to damaged, disabled or abandoned vehicles or combinations of vehicles while being towed by a tow truck in compliance with section 41‑1830.51.

E. Notwithstanding subsections B and C of this section, extensions of not more than three feet beyond the foremost part and six feet beyond the rear bed or body of a vehicle or combination of vehicles used to transport manufactured vehicles or fiber and forage shall not be included in measuring the length of the vehicle or combination of vehicles when loaded.

F. Pursuant to a permit issued pursuant to section 28‑1103, a truck or a truck tractor‑semitrailer may draw not more than two additional trailers or semitrailers. The department shall adopt rules governing the movement and safety of a combination of vehicles under this subsection and authorizing the issuance in advance of prepaid permits. The rules shall include the adoption of minimum speeds on grades, lighting, signing, identification and braking requirements and any other rules the department deems necessary. The permit issued pursuant to this subsection is limited to the following highways:

1. An interstate highway that connects with two states if both states allow such combinations of trailers or semitrailers and if the interstate highway does not exceed forty miles between the connecting states.

2. A state route or highway that is located within four miles of and extends to the border of this state and an adjacent state that allows such combinations of trailers or semitrailers.

3. A state route or highway that extends at least ten miles through an Indian reservation, that does not cross the Colorado river and that is located within twenty miles of and extends to the border of this state and an adjacent state that allows such combinations of trailers or semitrailers.

G. Notwithstanding subsections B and C of this section:

1. A motor vehicle may draw one single axle tow dolly on which a motor vehicle may be transported. A person shall secure the raised end of any motor vehicle being transported pursuant to this paragraph to the tow dolly by two separate chains, cables or equivalent devices adequate to prevent shifting or separation of the drawn vehicle and the tow dolly. For the purposes of this paragraph, "single axle tow dolly" means a vehicle drawn by a motor vehicle and designed and used exclusively to transport another motor vehicle by 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.

2. A truck or a truck tractor may draw a trailer or semitrailer that does not exceed a length of fifty‑seven feet only on an interstate highway or on a highway that is within ten miles of an interstate highway if the trailer or semitrailer is manufactured in this state and is traveling with or without a load from its place of manufacture to be delivered for use outside this state.

3. A recreational vehicle may pull two units if all of the following conditions are met:

(a) The middle unit is equipped with a fifth wheel and brakes.� The middle unit may be a farm vehicle or a horse trailer and shall have a weight equal to or greater than the rear unit.

(b) If the rear unit has a gross weight of three thousand pounds or more, it is equipped with brakes.

(c) The total combined gross weight of the towed units does not exceed the manufacturer's stated gross vehicle weight of the towing unit.

H. For the purposes of this section:

1. "Farm vehicle" has the same meaning prescribed in section 28‑2514.

2. "Recreational vehicle" means a motor vehicle that is designed and customarily used for private pleasure, including vehicles commonly called motor homes, pickup trucks with campers and pickup trucks with a fifth wheel trailing device. END_STATUTE

Sec. 21. Section 28-1103, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1103. Excess size and weight special permits; definition

A. Subject to section 28‑1104, subsection E, on application in writing and for good cause, the director with respect to highways under the jurisdiction of the department and a local authority with respect to highways under its jurisdiction may issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this article or otherwise not in conformity with this chapter on any highway under the jurisdiction of the party granting the permit and for the maintenance of which the party is responsible.

B. A special permit may be issued for the movement of overdimensional and overweight loads that is subject to department rules for overdimensional and overweight loads.� The director shall adopt rules for overdimensional and overweight loads.� The director may establish fees to cover all or part of the cost of review and analysis of requests for overdimensional and overweight load permits. The department shall collect the fees, in addition to the special permit fee provided by this section or section 28‑1105.

C. Subject to this section, the director or local authority may issue the following special permits that are valid for thirty days or one year and that may be limited by the director or local authority:

1. A special permit authorizing the applicant to transport a load by means of a truck‑semitrailer, truck‑trailer, truck tractor‑semitrailer‑semitrailer or truck tractor‑semitrailer‑trailer combination, if all of the following conditions are met:

(a) The overall length of the cargo carrying unit of the vehicle combination does not exceed ninety‑five feet.

(b) The axle weight limitations are subject to sections 28‑1099 and 28‑1100.

(d) The vehicle combination is traveling within twenty miles of the borders of this state and an adjacent state that allows such combinations of length and gross vehicle weight.

2. Except on the national intercity truck route network designated by the United States secretary of transportation as required by the surface transportation assistance act of 1982, a special permit authorizing the applicant to transport a load by means of a truck and two trailing units or a truck tractor, a semitrailer and two trailing units if all of the following conditions are met:

(a) The overall length of the cargo carrying unit of the vehicle combination does not exceed ninety-five feet.

(b) The axle weight limitations conform to sections 28‑1099 and 28‑1100.

(c) The overall gross weight of the vehicle combination does not exceed one hundred twenty‑three thousand five hundred pounds.

(d) The vehicle combination is traveling on either:

(i) A state route or highway that is located within four miles of and extends to the border of this state and an adjacent state that allows vehicle combinations of a truck or a truck tractor‑semitrailer and not more than two additional trailers or semitrailers.

(ii) A state route or highway that extends at least ten miles through an Indian reservation, does not cross the Colorado river and is located within twenty miles of and extends to the border of this state and an adjacent state that allows such combinations of trailers or semitrailers.

3. On application in writing by an owner of a watercraft as defined in section 5‑301 and on good cause shown, a special excess width permit for a fee of forty‑five dollars for each watercraft covered by the permit that:

(a) Authorizes the owner to move a vehicle loaded with the watercraft on a highway under the jurisdiction of the issuer if all of the following conditions exist:

(i) The total outside width of the vehicle and watercraft does not exceed ten feet.

(ii) The vehicle loaded with the watercraft is otherwise in conformity with the limitations prescribed by this chapter.

(iii) The watercraft is properly registered with the Arizona game and fish department.

(b) Contains the watercraft registration number.

D. The director may issue a special excess width permit for the operation of a vehicle with a reducible load only if both:

1. The load exceeds the width limitation prescribed in section 28‑1093.

2. The load does not exceed ten feet in width.

E. Subject to this section and on receipt of an application, the director or local authority shall issue a permit that is valid for thirty days or one year and that authorizes the commercial movement of recreational vehicles as defined in section 41‑2142 41‑4001 that exceed the size restrictions prescribed in this article.� There is no limit on the number of movements generated or the number of vehicles moved by the permittee under a permit issued pursuant to this subsection. Notwithstanding section 28‑1104, additional permit requirements shall not be imposed on the commercial movement of these recreational vehicles if the recreational vehicles comply with section 28‑1093, subsection D.

F. If a local authority issues permits pursuant to this section, the local authority shall provide to the department in a timely manner in an electronic format prescribed by the director all current ordinances and rules of the local authority relating to the permits.� The department shall make the ordinances and rules available to the public in an electronic format.

G. The department is immune from liability for providing to the public a local authority's ordinances or rules relating to permits issued by the local authority pursuant to this section if the department relies on the information submitted by the local authority in good faith.

H. For the purposes of this section, "cargo carrying unit" means any portion of a commercial motor vehicle combination used for the carrying of cargo, including a trailer, a semitrailer or the cargo carrying section of a single unit truck.� Cargo carrying unit does not include the cab portion of a truck or truck tractor. END_STATUTE

Sec. 22. Section 28-2448, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2448. Arizona centennial special plates; fund

A. The department shall issue Arizona centennial special plates.� The department shall use thirty‑two thousand dollars from the state highway fund, established by section 28‑6991, to implement this section. The office of tourism shall design the Arizona centennial special plates.� The design and color of the Arizona centennial special plates are subject to the approval of the department. The director of the department of transportation may allow a request for Arizona centennial special plates to be combined with a request for personalized special plates. If the director of the department of transportation allows such a combination, the request shall be in a form prescribed by the director of the department of transportation and is subject to the fees for the personalized special plates in addition to the fees required for the Arizona centennial special plates.

B. Of the twenty-five dollar fee required by section 28‑2402 for the original special plates and for renewal of special plates, eight dollars is a special plate administration fee and seventeen dollars is an annual donation.

C. The department shall deposit, pursuant to sections 35‑146 and 35‑147, all special plate administration fees in the state highway fund established by section 28‑6991 and all donations collected pursuant to this section in the Arizona centennial special plate fund established by this section.

D. The Arizona centennial special plate fund is established consisting of monies deposited pursuant to this section.� The director shall administer the fund. The first thirty-two thousand dollars in the fund shall be reimbursed to the state highway fund established by section 28‑6991.� Not more than ten ~~per cent~~ percent of monies deposited in the fund annually shall be used for the cost of administering the fund.� Monies in the fund are continuously appropriated.

E. In fiscal year 2011‑2012, the director shall quarterly allocate monies in the fund to the office of tourism to pay costs related to Arizona centennial projects and events.� In fiscal year 2012‑2013 and in each fiscal year thereafter, The director shall annually allocate monies in the fund to the Arizona ~~historical society~~ geological survey to pay costs related to the maintenance and operations of the ~~centennial museum that houses the~~ mining, ~~and~~ mineral and natural resources educational museum.

F. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund. END_STATUTE

Sec. 23. Section 28-2448, Arizona Revised Statutes, as amended by section 22 of this act, is amended to read:

START_STATUTE28-2448. Arizona centennial special plates; fund

D. The Arizona centennial special plate fund is established consisting of monies deposited pursuant to this section.� The director shall administer the fund. The first thirty-two thousand dollars in the fund shall be reimbursed to the state highway fund established by section 28‑6991.� Not more than ten percent of monies deposited in the fund annually shall be used for the cost of administering the fund.� Monies in the fund are continuously appropriated.

E. The director shall annually allocate monies in the fund to the Arizona geological survey historical society to pay costs related to the maintenance and operations of the centennial museum that houses the mining, and mineral and natural resources educational museum.

Sec. 24. Section 28-4332, Arizona Revised Statutes, is amended to read:

START_STATUTE28-4332. Limited exemption; definitions

A. The director shall grant an exemption from the new or used house trailer dealer licensing requirements of this chapter if the person claiming the exemption furnishes satisfactory proof to the director of licensure as a dealer under title 41, chapter 16 37, article 4.

B. The cash deposit or bond posted by the person pursuant to section 41‑2179 41‑4029 is subject to the same conditions and inures to the benefit of the same persons as prescribed in sections 28‑4362, 28‑4405, 28‑4406 and 28‑4408.

C. A new or used house trailer dealer who claims an exemption pursuant to subsection A of this section shall comply with all other requirements applicable to a new or used house trailer dealer licensed under this chapter. The director of the department of transportation may suspend or cancel the license issued pursuant to title 41, chapter 16 37, article 4 pursuant to this chapter. On issuing a final order cancelling or suspending a license issued pursuant to section 41‑2176 41‑4026, the director of the department of transportation shall notify the director of the Arizona department of fire, building and life safety housing who shall require the surrender of the license.

D. An exemption granted pursuant to subsection A of this section expires on suspension, revocation or nonrenewal of the license issued pursuant to title 41, chapter 16 37, article 4.� The director of the Arizona department of fire, building and life safety housing shall notify the director of the department of transportation of any such suspension, revocation or nonrenewal.

E. For the purposes of this section:

1. "House trailer" means a vehicle, other than a motor vehicle, that is built on a chassis designed for being drawn on the highways by a motor vehicle and that is designed for human habitation.

2. "Used house trailer dealer" means a person, other than a new house trailer dealer, who buys, sells, exchanges or offers or attempts to negotiate a sale or exchange of an interest in used house trailers or who is engaged in the business of selling used house trailers. END_STATUTE

Sec. 25. Section 28-4363, Arizona Revised Statutes, is amended to read:

START_STATUTE28-4363. Franchises; filing agreement; violation; classification

A. At the time a franchisee applies for a license, the franchisee shall file with the director a certified copy of the franchisee's written agreement with the manufacturer and a certificate of appointment as dealer or distributor.

B. The certificate of appointment shall be signed as follows:

1. By an authorized agent of the manufacturer of domestic vehicles on direct manufacturer‑dealer agreements.

2. If the manufacturer is wholesaling through an appointed distributorship, by an authorized agent of the distributor on indirect distributor‑dealer agreements.

3. By an authorized agent of the importer on direct importer‑dealer agreements of foreign made vehicles.

4. By an authorized agent of the distributor on indirect distributor‑dealer agreements.

5. For a distributor's certificate of appointment, by an authorized agent of the manufacturer of domestically manufactured vehicles or by an authorized agent of the manufacturer or importer of foreign made vehicles.

C. A franchisee is not required to file a written agreement or certificate of appointment if the manufacturer on direct dealerships, the distributor on indirect dealerships or the importer on direct dealerships meets all of the following conditions:

1. Utilizes the identical basic agreement for all of its franchised dealers or distributors in this state.

2. Certifies in the certificate of appointment that this blanket agreement is on file and the written agreement with the dealer or distributor, respectively, is identical with the filed blanket agreement.

3. Has filed with the director one such agreement together with a list of franchised dealers or distributors.

D. The manufacturer, distributor or importer shall notify the director at least forty‑five days before any proposed revisions of or additions to the basic agreement on file or of any franchisee supplements to the agreement.

E. A manufacturer, other than a manufacturer of a recreational vehicle as defined in section 41‑2142 41‑4001, shall not modify a franchise during the term of the franchise or on the renewal of a franchise if the modification substantially and adversely affects the new motor vehicle dealer's rights, obligations, investment or return on the investment without giving at least forty‑five days' notice of the proposed modification to the new motor vehicle dealer unless the change is required by law. Within the forty‑five day period, the new motor vehicle dealer may file with the director and serve notice on the manufacturer of an objection requesting a determination pursuant to article 5 of this chapter of whether there is good cause for permitting the proposed modification.

F. Annual renewal of certificates filed as provided in this section is not required.

G. A manufacturer on direct dealerships, a distributor on indirect dealerships or an importer on direct dealerships who has filed with the director an agreement used by all of its franchisees in this state together with a list of all such franchisees and who knowingly fails to notify the director at least forty‑five days before any proposed revisions, changes or additions to the materials filed is guilty of a class 2 misdemeanor. END_STATUTE

Sec. 26. Section 30-801, Arizona Revised Statutes, is amended to read:

START_STATUTE30-801. Definitions

In this chapter, unless the context otherwise requires:

1. "Ancillary services" means those services designated as ancillary services in federal energy regulatory commission order 888 adopted in 1996 including the services necessary to support the transmission of electricity from resources to loads while maintaining reliable operation of the transmission system in accordance with good utility practice.

2. "Appliance application" means central space heating, clothes drying, water heating and indoor cooking.

3. "Bundled service" means electric service provided as a package to the consumer including all generation, transmission, distribution, ancillary and other services necessary to deliver and measure useful electricity used by consumers.

4. "Buy‑through" means a purchase of electricity by a public power entity at wholesale for a particular retail consumer or aggregate of consumers or at the direction of a particular retail consumer or aggregate of consumers.

5. "Commission" means the Arizona corporation commission.

6. "Electric distribution facilities" means all property used in connection with the distribution of electricity from an electric generating plant to retail electric customers except electric transmission facilities.

7. "Electric distribution service" means the distribution of electricity to retail electric customers through the use of electric distribution facilities.

8. "Electric distribution utility" means a public service corporation or public power entity that operates, controls or maintains electric distribution facilities.

9. "Electric generation plant" means all property used in connection with the generation for sale of electricity to retail electric customers but excluding any services provided by electric transmission facilities or electric distribution facilities.

10. "Electric generation service" means the provision of electricity for sale to retail electric customers but does not include electric distribution or transmission service or generation that is necessary for the reliable operation of the electric distribution or transmission system.

11. "Electric transmission facilities" means all property so classified by the federal energy regulatory commission or, to the extent permitted by law, so classified by the Arizona corporation commission.

12. "Electric transmission service" means the transmission of electricity to retail electric customers or to electric distribution facilities that is so classified by the federal energy regulatory commission or, to the extent permitted by law, so classified by the Arizona corporation commission.

13. "Electricity" means electric energy, electric capacity or electric capacity and energy.

14. "Electricity supplier" means a person, whether acting in a principal, agent or other capacity, that offers to sell electricity to a retail electric customer in this state.

15. "Other services" means metering, meter reading, billing and collecting services.

16. "Public power entity":

(a) Means any municipal corporation, city, town or other political subdivision that is organized under state law, that generates, transmits, distributes or otherwise provides electricity and that is not a public service corporation.

(b) Does not include:

(i) A city or town with a population of less than seventy‑five thousand persons according to the most recent United States decennial census that does not elect by official action to sell electric generation service in the service territory of another electricity supplier.

(ii) A power district, electrical district, irrigation and water conservation district or multi‑county water conservation district established pursuant to title 48, chapter 11, 12, 19 or 22.

(iii) The Arizona power authority.

17. "Residential structure" means a detached owner‑occupied or rental one or two family dwelling unit, an attached duplex or fourplex unit, a manufactured home, a residential factory‑built building as defined in section 41‑2142, paragraph 14 41‑4001 or a mobile home designed to be used with a permanent structure, excluding real property used to accommodate more than four attached dwelling units.

18. "Retail electric customer" means a person that purchases electricity for that person's own use, including use in that person's trade or business, and not for resale, redistribution or retransmission.

19. "Service territory" means the geographic area in which a public power entity or public service corporation owns, operates, controls or maintains either electric distribution facilities or natural gas distribution facilities and that additional area in which the public power entity or public service corporation has agreed to extend electric distribution facilities or natural gas distribution facilities, whether established by a certificate of convenience and necessity, by official action by a public power entity or by contract or agreement. END_STATUTE

Sec. 27. Section 32-1121, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1121. Persons not required to be licensed; penalties; applicability

A. This chapter shall not be construed to apply to:

1. An authorized representative of the United States government, this state or any county, incorporated city or town, reclamation district, irrigation district or other municipality or political subdivision of this state.

2. Trustees of an express trust that is not formed for the purpose of conducting business as a contractor or officers of a court, if they are acting within the terms of their trust or office.

3. Public utilities operating under regulation of the corporation commission or construction, repair or operation incidental to discovering or producing petroleum or gas, or the drilling, testing, abandoning or other operation of a petroleum or gas well, if performed by an owner or lessee.

4. Any materialman, manufacturer or retailer who furnishes finished products, materials or articles of merchandise and who does not install or attach such items or installs or attaches such items if the total value of the sales contract or transaction involving such items and the cost of the installation or attachment of such items to a structure does not exceed one thousand dollars, including labor, materials and all other items, but excluding any electrical fixture or appliance that was designed by the manufacturer, that is unaltered, unchanged or unmodified by any person, that can be plugged into a common household electrical outlet utilizing a two pronged or three pronged electrical connector and that does not use any other form of energy, including natural gas, propane or other petroleum or gaseous fuel, to operate or is attached by a nail, screw or other fastening device to the frame or foundation of any residential structure. The materialman, manufacturer or retailer shall inform the purchaser that the installation may also be performed by a licensed contractor whose name and address the purchaser may request.

5. Owners of property who improve such property or who build or improve structures or appurtenances on such property and who do the work themselves, with their own employees or with duly licensed contractors, if the structure, group of structures or appurtenances, including the improvements thereto, are intended for occupancy solely by the owner and are not intended for occupancy by members of the public as the owner's employees or business visitors and the structures or appurtenances are not intended for sale or for rent. In all actions brought under this chapter, except an action against an owner-occupant as defined in section 33-1002, proof of the sale or rent or the offering for sale or rent of any such structure by the owner‑builder within one year after completion or issuance of a certificate of occupancy is prima facie evidence that such project was undertaken for the purpose of sale or rent. For the purposes of this paragraph, "sale" or "rent" includes any arrangement by which the owner receives compensation in money, provisions, chattels or labor from the occupancy or the transfer of the property or the structures on the property.

6. Owners of property who are acting as developers and who build structures or appurtenances to structures on their property for the purpose of sale or rent and who contract for such a project with a general contractor licensed pursuant to this chapter and owners of property who are acting as developers, who improve structures or appurtenances to structures on their property for the purpose of sale or rent and who contract for such a project with a general contractor or specialty contractors licensed pursuant to this chapter. To qualify for the exemption under this paragraph, the licensed contractors' names and license numbers shall be included in all sales documents.

7. Architects or engineers who are engaging in their professional practice as defined in chapter 1 of this title and who hire or offer to hire the services of a contractor for preconstruction activities relating to investigation and discovery, including:

(a) Subsurface utility location and designation services.

(b) Potholing.

(i) Soil samples.

(ii) Rock samples.

(iii) Pavement samples.

(d) Locating existing features of a building or structure, including existing electrical, mechanical, plumbing and structural members.

8. A person licensed, certified or registered pursuant to chapter 22 of this title or a person working under the direct supervision of a person certified or qualified pursuant to chapter 22 of this title to the extent the person is engaged in pest management.

9. The sale or installation of finished products, materials or articles of merchandise that are not fabricated into and do not become a permanent fixed part of the structure. This exemption does not apply if a local building permit is required, if the total price of the finished product, material or article of merchandise, including labor but excluding any electrical fixture or appliance that was designed by the manufacturer, that is unaltered, unchanged or unmodified by any person, that can be plugged into a common household electrical outlet utilizing a two pronged or three pronged electrical connector and that does not use any other form of energy, including natural gas, propane or other petroleum or gaseous fuel, to operate or is attached by a nail, screw or other fastening device to the frame or foundation of any residential structure, is more than one thousand dollars or if the removal of the finished product, material or article of merchandise causes damage to the structure or renders the structure unfit for its intended use.

10. Employees of the owners of condominiums, townhouses, cooperative units or apartment complexes of four units or less or the owners' management agent or employees of the management agent repairing or maintaining structures owned by them.

11. Any person who engages in the activities regulated by this chapter, as an employee of an exempt property owner or as an employee with wages as the person's sole compensation.

12. A surety company or companies that are authorized to transact business in this state and that undertake to complete a contract on which they issued a performance or completion bond, provided all construction work is performed by duly licensed contractors.

13. Insurance companies that are authorized to transact business in this state and that undertake to perform repairs resulting from casualty losses pursuant to the provisions of a policy, provided all construction work is performed by duly licensed contractors.

14. Any person other than a licensed contractor engaging in any work or operation on one undertaking or project by one or more contracts, for which the aggregate contract price, including labor, materials and all other items, but excluding any electrical fixture or appliance that was designed by the manufacturer, that is unaltered, unchanged or unmodified by any person, that can be plugged into a common household electrical outlet utilizing a two pronged or three pronged electrical connector and that does not use any other form of energy, including natural gas, propane or other petroleum or gaseous fuel, to operate or is attached by a nail, screw or other fastening device to the frame or foundation of any residential structure, is less than one thousand dollars. The work or operations that are exempt under this paragraph shall be of a casual or minor nature. This exemption does not apply:

(a) In any case in which the performance of the work requires a local building permit.

(b) In any case in which the work or construction is only a part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made in contracts of amounts less than one thousand dollars, excluding any electrical fixture or appliance that was designed by the manufacturer, that is unaltered, unchanged or unmodified by any person, that can be plugged into a common household electrical outlet utilizing a two pronged or three pronged electrical connector and that does not use any other form of energy, including natural gas, propane or other petroleum or gaseous fuel, to operate or is attached by a nail, screw or other fastening device to the frame or foundation of any residential structure, for the purpose of evasion of this chapter or otherwise.

(c) To a person who utilizes any form of advertising to the public in which the person's unlicensed status is not disclosed by including the words "not a licensed contractor" in the advertisement.

15. A person who is licensed, certified or registered pursuant to title 41, chapter 16 37, article 4 and who is not otherwise required to be licensed under this chapter or an employee of such person.

16. A person who functions as a gardener by performing lawn, garden, shrub and tree maintenance.

17. Alarm agents as defined in section 32‑101.

B. A person who is licensed to perform work in a particular trade pursuant to this chapter shall not be required to obtain and maintain a separate license for mechanical or structural service work performed within the scope of such trade by such person.

C. Any person who does not have an exemption from licensure pursuant to subsection A, paragraph 14, subdivision (c) of this section is subject to prosecution for a violation of section 44‑1522. The attorney general may investigate the act or practice and take appropriate action pursuant to title 44, chapter 10, article 7.

D. The exemptions from licensure pursuant to subsection A, paragraphs 4, 9 and 14 of this section do not apply to either of the following:

1. All fire safety and mechanical, electrical and plumbing work that is done in connection with fire safety installation and fire safety maintenance and repair. For the purposes of this paragraph, "fire safety installation" means hardwired or interconnected smoke alarms and fire sprinklers and does not include an individual device that is attached by a nail, screw or other fastening device to the frame or foundation of any residential unit. For the purposes of this paragraph, fire safety maintenance and repair does not include routine work that is conducted by an employee of an apartment or condominium complex and that is incidental to the fire safety equipment.

2. All work that is done, including the installation, maintenance and repair of devices, appliances or equipment, that involves the connecting to any supply of natural gas, propane or other petroleum or gaseous fuel.� Nothing in this paragraph impacts the effect of section 36‑1624.01. END_STATUTE

Sec. 28. Section 32-2117, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2117. Earth fissure maps; posting; immunity

A. On receipt of maps from the Arizona geological survey, the state real estate department shall provide any earth fissure map to any member of the public in printed or electronic format on request and provide access on its website to the earth fissure maps prepared by the Arizona geological survey pursuant to section 27‑106, subsection A, paragraph 3.� The following notice shall be displayed below each map:

Notice

B. ~~Nothing in~~ This section ~~shall be construed as denying~~ does not deny a person rights guaranteed by the Arizona Constitution, and notwithstanding any other law, a subdivider, owner or licensee is not liable to any person or governmental entity for any act or failure to act in connection with:

1. The disclosure of real estate subject to earth fissures if the subdivider, owner or licensee provides a written disclosure or includes notice in a public report, issued pursuant to section 32‑2183 or 32‑2195.03, with respect to real estate subject to earth fissures, of the map and website described in subsection A of this section. The written disclosure or notice in a public report, issued pursuant to section 32‑2183 or 32‑2195.03, of the map and website does not create an independent cause of action.

2. Any disclosure that occurred before the date the map described in subsection A of this section is posted on the website if the subdivider, owner or licensee had no actual knowledge that the land was subject to earth fissures before the map was posted. END_STATUTE

Sec. 29. Section 32-2117, Arizona Revised Statutes, as amended by section 28 of this act, is amended to read:

START_STATUTE32-2117. Earth fissure maps; posting; immunity

Notice

B. This section does not deny a person rights guaranteed by the Arizona Constitution, and notwithstanding any other law, a subdivider, owner or licensee is not liable to any person or governmental entity for any act or failure to act in connection with:

Sec. 30. Transfer and renumber

Title 41, chapter 16, article 5, Arizona Revised Statutes, is transferred and renumbered for placement in title 32, chapter 20, article 11, Arizona Revised Statutes.� The following sections are transferred and renumbered for placement in title 32, chapter 20, article 11:

�� Former Sections�� New Sections

�� 41‑2198................................. 32‑2199

�� 41‑2198.01........................... 32‑2199.01

�� 41‑2198.02........................... 32‑2199.02

�� 41‑2198.04........................... 32‑2199.04

�� 41‑2198.05........................... 32‑2199.05

Sec. 31. Section 32‑2199, Arizona Revised Statutes, as transferred and renumbered, is amended to read:

START_STATUTE32‑2199. Administrative adjudication of complaints

Pursuant to title 41, chapter 6, article 10 of this title, an administrative law judge shall adjudicate complaints regarding and ensure compliance with:

1. The Arizona mobile home parks residential landlord and tenant act.

2. 1. Title 33, chapter 9 and condominium documents.

3. 2. Title 33, chapter 16 and planned community documents. END_STATUTE

Sec. 32. Section 32‑2199.01, Arizona Revised Statutes, as transferred and renumbered, is amended to read:

START_STATUTE32‑2199.01. Hearing; rights and procedures

A. A person who is subject to title 33, chapter 11 or a party to a rental agreement entered into pursuant to title 33, chapter 11 may petition the department for a hearing concerning violations of the Arizona mobile home parks residential landlord and tenant act by filing a petition with the department and paying a nonrefundable filing fee in an amount to be established by the director. All monies collected shall be deposited in the state general fund and are not refundable.

B. A. For a dispute between an owner and a condominium association or planned community association that is regulated pursuant to title 33, chapter 9 or 16, the owner or association may petition the department for a hearing concerning violations of condominium documents or planned community documents or violations of the statutes that regulate condominiums or planned communities. The petitioner shall file a petition with the department and pay a filing fee in an amount to be established by the director commissioner. The filing fee shall be deposited in the condominium and planned community hearing office fund established by section 41‑2198.05 32‑2199.05. On dismissal of a petition at the request of the petitioner before a hearing is scheduled or by stipulation of the parties before a hearing is scheduled, the filing fee shall be refunded to the petitioner.� The department does not have jurisdiction to hear:

1. Any dispute among or between owners to which the association is not a party.

2. Any dispute between an owner and any person, firm, partnership, corporation, association or other organization that is engaged in the business of designing, constructing or selling a condominium as defined in section 33‑1202 or any property or improvements within a planned community as defined in section 33‑1802, including any person, firm, partnership, corporation, association or other organization licensed pursuant to title 32, this chapter 20, arising out of or related to the design, construction, condition or sale of the condominium or any property or improvements within a planned community.

C. B. The petition shall be in writing on a form approved by the department, shall list the complaints and shall be signed by or on behalf of the persons filing and include their addresses, stating that a hearing is desired, and shall be filed with the department.

D. C. On receipt of the petition and the filing fee the department shall mail by certified mail a copy of the petition along with notice to the named respondent that a response is required within twenty days of after mailing of the petition showing cause, if any, why the petition should be dismissed.

E. D. After receiving the response, the director commissioner or the director's commissioner's designee shall promptly review the petition for hearing and, if justified, refer the petition to the office of administrative hearings. The director commissioner may dismiss a petition for hearing if it appears to the director's commissioner's satisfaction that the disputed issue or issues have been resolved by the parties.

F. E. Failure of the respondent to answer is deemed an admission of the allegations made in the petition, and the director commissioner shall issue a default decision.

G. F. Informal disposition may be made of any contested case.

H. G. Either party or the party's authorized agent may inspect any file of the department that pertains to the hearing, if the authorization is filed in writing with the department.

I. H. At a hearing conducted pursuant to this section, a corporation may be represented by a corporate officer, employee or contractor of the corporation who is not a member of the state bar if:

1. The corporation has specifically authorized the officer, employee or contractor of the corporation to represent it.

2. The representation is not the officer's, employee's or contractor of the corporation's primary duty to the corporation but is secondary or incidental to the officer's, employee's or contractor of the corporation's, limited liability company's, limited liability partnership's, sole proprietor's or other lawfully formed and operating entity's duties relating to the management or operation of the corporation. END_STATUTE

Sec. 33. Section 32‑2199.02, Arizona Revised Statutes, as transferred and renumbered, is amended to read:

START_STATUTE32‑2199.02. Orders; penalties; disposition

A. The administrative law judge may order any party to abide by the statute, condominium documents, community documents or contract provision at issue and may levy a civil penalty on the basis of each violation. For purposes of actions brought under the Arizona mobile home parks residential landlord and tenant act, the civil penalty shall not exceed five hundred dollars.� All monies collected pursuant to this article shall be deposited in the state general fund condominium and planned community hearing office fund established by section 32‑2199.05 to be used to offset the cost of administering the administrative law judge function, except that monies collected from disputes involving condominiums or planned communities as prescribed in section 41‑2198.01, subsection B shall be deposited in the condominium and planned community hearing office fund established by section 41‑2198.05. If the petitioner prevails, the administrative law judge shall order the respondent to pay to the petitioner the filing fee required by section 41‑2198.01 32‑2199.01.

B. The order issued by the administrative law judge is binding on the parties unless a rehearing is granted pursuant to section 41‑2198.04 32‑2199.04 based on a petition setting forth the reasons for the request for rehearing, in which case the order issued at the conclusion of the rehearing is binding on the parties. The order issued by the administrative law judge is enforceable through contempt of court proceedings and is subject to judicial review as prescribed by section 41‑1092.08. END_STATUTE

Sec. 34. Section 32‑2199.04, Arizona Revised Statutes, as transferred and renumbered, is amended to read:

START_STATUTE32‑2199.04. Rehearing; appeal

A. A person aggrieved by a decision of the administrative law judge may apply for a rehearing by filing with the director commissioner a petition in writing pursuant to section 41‑1092.09. Within ten days after filing such petition, the director commissioner shall serve notice of the request on the other party by mailing a copy of the petition in the manner prescribed in section 41‑2198.01 32‑2199.01 for notice of hearing.

B. The filing of a petition for rehearing temporarily suspends the operation of the administrative law judge's action. If the petition is granted, the administrative law judge's action is suspended pending the decision on the rehearing.

C. In the order granting or denying a rehearing, the director commissioner shall include a statement of the particular grounds and reasons for the director's commissioner's action on the petition and shall promptly mail a copy of the order to the parties who have appeared in support of or in opposition to the petition for rehearing.

D. In a rehearing conducted pursuant to this section, a corporation may be represented by a corporate officer or employee who is not a member of the state bar if:

1. The corporation has specifically authorized such officer or employee to represent it.

2. Such representation is not the officer's or employee's primary duty to the corporation but is secondary or incidental to such officer's or employee's duties relating to the management or operation of the corporation.END_STATUTE

Sec. 35. Section 32‑2199.05, Arizona Revised Statutes, as transferred and renumbered, is amended to read:

START_STATUTE32‑2199.05. Condominium and planned community hearing office fund

A. The condominium and planned community hearing office fund is established in the department to be administered by the director commissioner.� Monies in the fund are continuously appropriated.� On notice from the director commissioner, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

B. Monies in the condominium and planned community hearing office fund shall be used to reimburse the actual costs of the office of administrative hearings in conducting hearings pursuant to section 41-2198.01, subsection B 32‑2199.01. Monies remaining in the fund may be used by the department to offset the costs of administering cases filed pursuant to section 41-2198.01, subsection B 32‑2199.01.END_STATUTE

Sec. 36. Section 33-423, Arizona Revised Statutes, is amended to read:

START_STATUTE33-423. Disclosure; reports; indemnity; applicability; violation; classification

A. A disclosure report pursuant to this section may be provided to the buyer or seller of real property by a third party as authorized by the buyer or seller and shall be based on officially adopted and electronically posted or otherwise readily available governmental maps or information that discloses whether the real property is subject to one or more of the following:

1. Special flood hazard areas designated by the federal emergency management agency pursuant to 42 United States Code chapter 50.

2. Military airports and ancillary military facilities as defined in section 28‑8461 or as disclosed pursuant to section 28‑8484 or 32‑2113.

3. Military training routes as shown in the map produced pursuant to section 37‑102 and military restricted airspace as shown in the map produced pursuant to section 37‑102.

4. Public and private airports that are approved by the federal aviation administration.

5. Expansive soils as shown on maps issued by the natural resource conservation service or on other officially adopted and readily available governmental maps.

6. Fissures as shown on earth fissure maps issued by the Arizona geological survey pursuant to section 27‑106, subsection A, paragraph 3.

7. Special tax assessment areas or taxing authority and amount of special assessments in addition to ad valorem taxes as shown in the current tax records of the applicable county assessor.

8. Radon gas potential zones as shown on current maps issued by the United States environmental protection agency.

9. Environmental hazard superfund sites including the sites listed in the Arizona superfund program list and the water quality assurance revolving fund registry, or listed by the United States environmental protection agency including the national priorities list, the comprehensive environmental response compensation and liability information system database or on maps issued by the department of environmental quality or equivalent databases of those sites.

10. Any other condition that affects the real property that the buyer or seller authorizes and the ~~third party~~ third‑party provider agrees to provide in a third party third‑party provider disclosure report.

B. For any ~~third party~~ third‑party provider of information as prescribed by this section, the following apply:

1. A seller or buyer shall not be required to provide the written disclosure provided by this section to an insurance company, a lender or a governmental agency.

2. The ~~third party~~ third‑party provider shall carry errors and omissions insurance coverage with limits of at least one million dollars per occurrence and in an aggregate of at least ten million dollars.� A person who violates this paragraph is guilty of a class 1 misdemeanor.

C. If an action is brought as a result of an error, inaccuracy or omission in the disclosure made only by a ~~third party~~ third‑party provider who provides information pursuant to subsection A of this section, the ~~third party~~ third‑party provider shall provide a defense against the action, shall indemnify the buyer or seller who authorized the disclosure report and persons licensed pursuant to title 32, chapter 20 who represent the buyer or seller for any judgment rendered and shall reimburse reasonable attorney fees and costs incurred in defending the action, unless the buyer, seller or agent for the buyer or seller had knowledge of the error, inaccuracy or omission or the buyer, seller or agent for the buyer or seller modified the disclosure and the modification resulted in the error, inaccuracy or omission.� ~~Nothing in~~ This section ~~shall be construed to~~ does not prohibit a ~~third party~~ third‑party provider of information from agreeing by contract that the ~~third party~~ third‑party provider shall indemnify a person to a greater extent than is required by this section.

D. If information that is disclosed pursuant to this section is subsequently rendered inaccurate as a result of any governmental action, map revision, changed information or other act or occurrence after the delivery of the disclosure, no person is liable for the information that was disclosed unless the person had knowledge of the error, inaccuracy or omission.

E. This section shall not be construed to create a cause of action for the use of maps or other information pursuant to this section.� This section does not apply to the sale of real property by any person pursuant to section 32‑2183 or section 32‑2195.03, or any affiliate of that person.

F. This section does not obligate any person to provide or purchase a disclosure report that is the subject of this section.

G. The listing of a condition in subsection A of this section or in a ~~third party~~ third‑party provider disclosure report does not by itself make that condition material or immaterial to a particular real estate transaction. The materiality of any disclosure is governed as otherwise provided by law. END_STATUTE

Sec. 37. Section 33-423, Arizona Revised Statutes, as amended by section 36 of this act, is amended to read: