Bill Text: AZ SB1220 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced
Bill Title: Reviser's technical corrections; 2019
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-06-06 - Chapter 279 [SB1220 Detail]
Download: Arizona-2019-SB1220-Introduced.html
|
REFERENCE TITLE: reviser's technical corrections; 2019 |
|
State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
|
|
SB 1220 |
|
|
|
Introduced by Senator Fann
|
AN ACT
amending section 10-130, Arizona Revised Statutes, as amended by laws 2018, chapter 119, section 1; repealing section 10-130, Arizona Revised Statutes, as amended by laws 2018, chapter 168, section 2; amending section 12-114, Arizona Revised Statutes, as amended by laws 2018, chapter 312, section 1; repealing section 12-114, Arizona Revised Statutes, as amended by laws 2018, chapter 322, section 1; repealing section 15-341, Arizona Revised Statutes, as amended by laws 2018, chapter 329, section 1; amending section 15-392, Arizona Revised Statutes, as amended by Laws 2010, chapter 17, section 5; repealing section 15-392, Arizona Revised Statutes, as amended by laws 2018, chapter 311, section 6; amending section 15-1655, Arizona Revised Statutes, as added by laws 2017, chapter 310, section 5; repealing section 15-1655, Arizona Revised Statutes, as amended by laws 2018, chapter 281, section 3; amending section 28-960, Arizona Revised Statutes, as added by laws 1996, chapter 76, section 18; repealing section 28-960, Arizona Revised Statutes, as amended by laws 2018, chapter 260, section 6; amending section 28-2356, Arizona Revised Statutes, as amended by laws 2018, chapter 260, section 16; repealing section 28-2356, Arizona Revised Statutes, as amended by Laws 2018, chapter 166, section 8; amending section 33-1228, Arizona Revised Statutes, as added by laws 1985, chapter 192, section 3; repealing section 33-1228, Arizona Revised Statutes, as amended by laws 2018, chapter 235, section 1; amending section 41-619.51, Arizona Revised Statutes, as amended by laws 2018, chapter 46, section 3 and chapter 296, section 12; repealing section 41‑619.51, Arizona Revised Statutes, as amended by laws 2018, chapter 287, section 3; amending section 41-1758, Arizona Revised Statutes, as amended by laws 2018, chapter 46, section 4 and chapter 296, section 13; repealing section 41-1758, Arizona Revised Statutes, as amended by laws 2018, chapter 287, section 4; amending section 41-1758.01, Arizona Revised Statutes, as amended by laws 2018, chapter 46, section 5 and chapter 296, section 14; repealing section 41-1758.01, Arizona Revised Statutes, as amended by laws 2018, chapter 287, section 5; repealing Laws 2008, chapter 243, section 6, as amended by laws 2012, chapter 281, section 2 and laws 2018, chapter 258, section 3; amending laws 2018, chapter 42, section 16; relating to multiple, defective and conflicting legislative disposition of statutory text.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Purpose
1. Section 10-130, Arizona Revised Statutes, was amended by Laws 2018, chapter 119, section 1 and chapter 168, section 2. The chapter 168 version could not be blended because of the delayed effective date. In order to combine these versions, this act amends the Laws 2018, chapter 119 version of section 10-130, Arizona Revised Statutes, to incorporate the amendments made by Laws 2018, chapter 168 and repeals the chapter 168 version.
2. Section 12-114, Arizona Revised Statutes, was amended by Laws 2018, chapter 312, section 1 and chapter 322, section 1. The chapter 322 version could not be blended because of the delayed effective date. In order to combine these versions, this act amends the Laws 2018, chapter 312 version of section 12-114, Arizona Revised Statutes, to incorporate the amendments made by Laws 2018, chapter 322 and repeals the chapter 322 version.
3. Section 15-341, Arizona Revised Statutes, was amended by Laws 2018, chapter 285, section 8, chapter 292, section 2 and chapter 329, section 1. However, the chapter 329 version did not reflect the previous valid version of the section. In order to comply with article IV, part 2, section 14, Constitution of Arizona, this act repeals the chapter 329 version since all the changes made by the chapter 329 version were included in the chapter 292 version.
4. Section 15-392, Arizona Revised Statutes, was amended by Laws 2018, chapter 311, section 6. However, this version did not reflect the previous valid version of the section. In order to comply with article IV, part 2, section 14, Constitution of Arizona, this act amends section 15-392, Arizona Revised Statutes, as amended by Laws 2010, chapter 17, section 5, to incorporate the amendments made by Laws 2018, chapter 311 and repeals the chapter 311 version.
5. Section 15-1655, Arizona Revised Statutes, was amended by Laws 2018, chapter 281, section 3. However, this version did not reflect the previous valid version of the section. In order to comply with article IV, part 2, section 14, Constitution of Arizona, this act amends section 15-1655, Arizona Revised Statutes, as added by Laws 2017, chapter 310, section 5, to incorporate the amendments made by Laws 2018, chapter 281 and repeals the chapter 281 version.
6. Section 28-960, Arizona Revised Statutes, was amended by Laws 2018, chapter 260, section 6. However, this version did not reflect the previous valid version of the section. In order to comply with article IV, part 2, section 14, Constitution of Arizona, this act amends section 28-960, Arizona Revised Statutes, as added by Laws 1996, chapter 76, section 18, to incorporate the amendments made by Laws 2018, chapter 260 and repeals the chapter 260 version.
7. Section 28-2356, Arizona Revised Statutes, was amended by Laws 2018, chapter 166, section 8 and chapter 260, section 16. The chapter 166 version could not be blended because of the delayed effective date. In order to combine these versions, this act amends the Laws 2018, chapter 260 version of section 28-2356, Arizona Revised Statutes, to incorporate the amendments made by Laws 2018, chapter 166 and repeals the chapter 166 version.
8. Section 33-1228, Arizona Revised Statutes, was amended by Laws 2018, chapter 235, section 1. However, this version did not reflect the previous valid version of the section. In order to comply with article IV, part 2, section 14, Constitution of Arizona, this act amends section 33-1228, Arizona Revised Statutes, as added by Laws 1985, chapter 192, section 3, to incorporate the amendments made by Laws 2018, chapter 235 and repeals the chapter 235 version.
9. Section 41-619.51, Arizona Revised Statutes, was amended by Laws 2018, chapter 46, section 3, chapter 287, section 3 and chapter 296, section 12. The chapter 287 version could not be blended because of the delayed effective date. In order to combine these versions, this act amends the Laws 2018, chapter 46 and chapter 296 version of section 41‑619.51, Arizona Revised Statutes, to incorporate the amendments made by Laws 2018, chapter 287 and repeals the chapter 287 version.
10. Section 41-1758, Arizona Revised Statutes, was amended by Laws 2018, chapter 46, section 4, chapter 287, section 4 and chapter 296, section 13. The chapter 287 version could not be blended because of the delayed effective date. In order to combine these versions, this act amends the Laws 2018, chapter 46 and chapter 296 version of section 41‑1758, Arizona Revised Statutes, to incorporate the amendments made by Laws 2018, chapter 287 and repeals the chapter 287 version.
11. Section 41-1758.01, Arizona Revised Statutes, was amended by Laws 2018, chapter 46, section 5, chapter 287, section 5 and chapter 296, section 14. The chapter 287 version could not be blended because of the delayed effective date. In order to combine these versions, this act amends the Laws 2018, chapter 46 and chapter 296 version of section 41‑1758.01, Arizona Revised Statutes, to incorporate the amendments made by Laws 2018, chapter 287 and repeals the chapter 287 version.
12. Laws 2018, chapter 199, section 3 and Laws 2018, chapter 258, section 3 both amended Laws 2008, chapter 243, section 6, as amended by Laws 2012, chapter 281, section 2. The chapter 199 and chapter 258 versions are identical. In order to eliminate the double amendment activity, this act repeals Laws 2008, chapter 243, section 6, as amended by Laws 2012, chapter 281, section 2 and Laws 2018, chapter 258, section 3.
13. Laws 2018, chapter 42, section 16 referred to the conditional enactment of Laws 2017, chapter 163, section 24. However, Laws 2017, chapter 163, section 24 was amended by Laws 2018, chapter 140, section 3. In order to reference the correct enactment, this act amends Laws 2018, chapter 42, section 16 to correct the reference to Laws 2017, chapter 163, section 24, as amended by Laws 2018, chapter 140, section 3.
Sec. 2. Section 10-130, Arizona Revised Statutes, as amended by Laws 2018, chapter 119, section 1, is amended to read:
10-130. Powers; duties; database
A. The commission has the power and authority reasonably necessary to enable it to administer this title efficiently and to perform the duties imposed on it by this title, including the power and authority to make rules for those purposes.
B. The commission shall establish and maintain a database for documents filed pursuant to sections 10‑203, 10‑1006, 10‑1007, 10‑1008, 10‑1105, 10‑1403, 10‑1503, 10‑1520, 10‑2077, 10‑2143, 10‑3203, 10‑11006, 10‑11007, 10‑11008, 10‑11105, 10‑11403, 10‑11503, 10‑11520, 29‑633, 29‑635, and 29‑754, 29‑3201, 29‑3202 and 29-4005. The database shall only include documents that are filed for an entity a corporation with a known place of business that is located in a county with a population of more than eight hundred thousand persons and for a limited liability company whose statutory agent's street address is located in a county with a population of more than eight hundred thousand persons. The commission shall post the database on its website to allow the public to search for business information, including an entity's name, approval date and county of the known place of business. The information must be maintained in the database for at least ninety days. The commission may not charge a fee to any entity for information entered into the database pursuant to this subsection.
Sec. 3. Repeal
Section 10-130, Arizona Revised Statutes, as amended by Laws 2018, chapter 168, section 2, is repealed.
Sec. 4. Section 12-114, Arizona Revised Statutes, as amended by Laws 2018, chapter 312, section 1, is amended to read:
12-114. Surcharge on court authorized diversion programs for traffic offenses; deposit
A. If a court authorizes individuals charged with civil or criminal traffic offenses to attend a court authorized diversion program, including a defensive driving school program, it shall require the assessment of a nine dollar surcharge on the fees charged by the court authorized diversion programs. The surcharge applies to every individual who attends a court authorized diversion program, including an individual who holds a commercial driver license.
B. A court or a court authorized diversion program shall collect the nine dollar surcharge and remit the surcharge to the supreme court which shall deposit, pursuant to sections 35‑146 and 35‑147, five dollars of the surcharge in the judicial collection enhancement fund and the remaining four dollars in the peace officer training equipment fund established by section 41‑1731.
Sec. 5. Repeal
Section 12-114, Arizona Revised Statutes, as amended by Laws 2018, chapter 322, section 1, is repealed.
Sec. 6. Repeal
Section 15-341, Arizona Revised Statutes, as amended by Laws 2018, chapter 329, section 1, is repealed.
Sec. 7. Section 15-392, Arizona Revised Statutes, as amended by Laws 2010, chapter 17, section 5, is amended to read:
15-392. Formation of career technical education districts
A. Notwithstanding any other provision of law, school districts that are interested in forming a joint career technical education district shall conduct a study to determine the need to establish a joint career technical education district in an area consisting of two or more school districts. The school districts shall also initiate a plan for the establishment and operation of the joint career technical education district, which shall include a proposed budget based on a reasonable estimate of student enrollment in the new joint career technical education district. Any school district may assist in the preparation and payment of costs of the study and plan. The school districts shall file a copy of the plan with the governing board of each school district included in the plan for the joint career technical education district. The school districts shall submit the results of the study and the plan, along with evidence of approval by the governing board of each school district included in the selected plan for the joint career technical education district, to the state board of education.
B. If the state board of education determines that the plan submitted for the proposed joint career technical education district has met the requirements of this section, the question shall be submitted to the qualified electors of the school district seeking to become a part of the joint career technical education district at an election held on the first Tuesday after the first Monday in November. The question that is submitted to the qualified electors must describe the tax rate that is associated with joining the joint career technical education district and the estimated cost of that tax rate for the owner of a single family home that is valued at one hundred thousand dollars. If the electors in a school district approve, that school district is authorized to participate in a joint career technical education district. The joint career technical education district shall become operational on July 1 following the election held pursuant to this subsection, except as provided in subsection D of this section.
C. The governing boards of the school districts participating in the joint career technical education district may pay on a proportional basis the administrative, clerical and other expenses necessary for the establishment and operation of the joint career technical education district until monies are otherwise provided.
D. A joint career technical education district after receiving voter approval as provided in subsection B of this section shall be governed by a joint career technical education board consisting of members elected pursuant to section 15‑393, except that the initial composition of the joint career technical education board shall consist of one person who is not currently a board member of any school district and who is appointed by the governing board of each district participating in the joint career technical education district. The terms of office of the joint career technical education board members shall become effective on January 1 following the election held pursuant to subsection B of this section. Upon On the effective date of the term of office for joint career technical education board members, the joint career technical education board may begin necessary operations and activities related to making the district operational pursuant to subsection B of this section. If less fewer than five school districts are participating in the joint career technical education district, the initial composition of the joint career technical education board shall consist of two persons who are not currently board members of any school district and who are appointed by each participating school district's governing board. The appointed members shall serve until January 1 following the next general election. At the general election held next following the formation of the joint career technical education district and thereafter, joint career technical education board members shall be elected as prescribed in section 15‑393.
Sec. 8. Repeal
Section 15-392, Arizona Revised Statutes, as amended by Laws 2018, chapter 311, section 6, is repealed.
Sec. 9. Section 15-1655, Arizona Revised Statutes, as added by Laws 2017, chapter 310, section 5, is amended to read:
15-1655. Arizona teacher academy; tuition waiver; annual report
A. For the 2017‑2018 academic year, Universities under the jurisdiction of the Arizona board of regents shall implement an Arizona teacher academy to incentivize Arizona resident students to enter the teaching profession and to commit to teach in Arizona public schools. The Arizona board of regents, in consultation with universities under the jurisdiction of the board, shall develop:
1. Metrics to assess the efficacy of the academy.
2. A marketing and promotion plan to recruit students for the academy.
B. The Arizona teacher academy may include new or existing teacher preparation program pathways that are student-focused and that employ proven, research-based models of best practices already being implemented. Each university may develop a portfolio of teacher preparation programs to offer as part of the academy. Programs offered as part of the academy shall include accelerated models for:
1. High‑demand teacher specializations, including science, technology, engineering and mathematics.
2. Individuals seeking postbaccalaureate coursework that results in professional certification.
C. Each university shall develop formalized partnerships with public schools in this state to build commitments for teacher employment on completion of the Arizona teacher academy. The targeted deployment of teachers who have completed the academy shall be based on the needs of each school system and the community that is being served as well as the individual skills of each teacher.
D. Each university shall provide to each full‑time student who is enrolled in the Arizona teacher academy an annual waiver for all tuition and fees associated with the student's program of study, subject to the following:
1. If the student does not successfully complete the academic year in good academic standing, the student shall reimburse the university for the total amount of the waiver for tuition and fees the student received for that year.
2. For each academic year that the student successfully completes and for which the student receives a waiver for all tuition and fees, the student must agree to teach for one full school year in a public school in this state.
3. If the student does not fulfill the student's agreement to teach in a public school, the student must reimburse the university for the proportional amount of the waiver for tuition and fees that the student received that corresponds to the number of school years the student agreed to teach but did not teach in a public school in this state.
4. If the student is physically or mentally unable to fulfill the requirements of the academy, the university shall assess the student's ability to repay the financial assistance received and shall make a determination on any terms of repayment.
E. On or before July 1, 2018 and each year thereafter, the Arizona board of regents shall report to the governor, the president of the senate and the speaker of the house of representatives, and submit a copy to the secretary of state, on all of the following:
1. The total number of students enrolled in the Arizona teacher academy of each university.
2. The percentage of students who completed each year of the academy and who plan to continue to the subsequent year, delineated by each teacher preparation program offered by each university as part of the Arizona teacher academy.
3. The number of teachers who completed a program of study through the Arizona teacher academy.
4. The number of teachers currently teaching in a public school in this state as part of an agreement for receiving a full tuition and fee waiver.
5. The number of students who have defaulted on their agreement and who are in repayment agreements.
Sec. 10. Repeal
Section 15-1655, Arizona Revised Statutes, as amended by Laws 2018, chapter 281, section 3, is repealed.
Sec. 11. Section 28-960, Arizona Revised Statutes, as added by Laws 1996, chapter 76, section 18, is amended to read:
28-960. Flares; warning devices; requirements
A. Except as provided in subsection B of this section, a person shall not operate a motor truck, passenger bus or truck tractor on a highway outside the corporate limits of a city or town from a half hour after sunset to a half hour before sunrise unless the following equipment is carried in the vehicle:
1. At least three flares or three red electric lanterns that comply with the following:
(a) Each flare or lantern is capable of being seen and distinguished at a distance of five hundred feet under normal atmospheric conditions at nighttime.
(b) Each flare or liquid‑burning pot torch is capable of burning for at least twelve hours in five miles per hour wind velocity and capable of burning in any air velocity from zero to forty miles per hour.
(c) Each flare is substantially constructed to withstand reasonable shocks without leaking.
(d) Each flare is carried in the vehicle in a metal rack or box.
(e) Each red electric lantern is capable of operating continuously for at least twelve hours and is substantially constructed to withstand reasonable shock without breakage.
2. At least three red‑burning fusees, unless red electric lanterns are carried, that are:
(a) Made in accordance with specifications of the bureau of explosives, 30 Vesey Street, New York City and so marked.
(b) Capable of burning at least fifteen minutes.
3. At least two red cloth flags that are at least twelve inches square and have standards to support the flags.
B. At the time and under the conditions stated in subsection A of this section, a person shall not operate a motor vehicle used in transporting flammable liquids in bulk or transporting compressed flammable gases, unless three red electric lanterns meeting the requirements stated in subsection A of this section are carried in the vehicle. A flare, fusee or signal produced by a flame shall not be carried in a vehicle described in this subsection.
C. A person is in compliance with this section if the person operates a motor vehicle described in this section and carries in the vehicle three portable reflector units on standards and of a type approved by the department. The department shall not approve a portable reflector unit unless it is that are designed and constructed to meet the requirements of 49 Code of Federal Regulations section 571.125.
Sec. 12. Repeal
Section 28-960, Arizona Revised Statutes, as amended by Laws 2018, chapter 260, section 6, is repealed.
Sec. 13. Section 28-2356, Arizona Revised Statutes, as amended by Laws 2018, chapter 260, section 16, is amended to read:
28-2356. Transfer of license plates to another vehicle; credit
A. Except as otherwise provided in this chapter, the owner of a vehicle for which the department provided license plates pursuant to section 28‑2351 shall retain those license plates when the owner transfers the vehicle to another person.
B. The owner may apply for a refund or a credit that is posted to the owner's record or financial account of the unexpired portion of the vehicle license taxes, gross weight fees, commercial registration fees, special plate fees and motor carrier fees and taxes as prescribed in this section if both of the following apply:
1. The owner makes proper application to the director or to an authorized third party.
2. The owner agrees to allow the department to deduct a twelve dollar processing fee from the amount of the refund or credit.
C. If the owner applies for a credit as prescribed in this section, the department may assign the license plates retained pursuant to subsection A of this section to another vehicle that belongs to the owner if all of the following apply:
1. The other vehicle is of the same vehicle type.
2. The owner is applying the available credit for the fees and taxes to one other vehicle the owner owns or acquires.
3. If the available credit exceeds the amount required to pay the fees and taxes, the department issues a refund for the remaining amount of credit as prescribed in this section. The department shall not charge an additional twelve dollar fee pursuant to subsection B of this section for issuing a refund under this paragraph.
4. If the vehicle license tax, gross weight fees, commercial registration fees, special plate fees and motor carrier fees are more than the similar fees and taxes required to register the vehicle to which the license plates were previously assigned, the owner pays any additional fees and taxes required after subtracting any credit allowed under this section.
D. C. If the other vehicle is not of the same vehicle type as the vehicle for which the license plates were provided by the department pursuant to section 28‑2351, the owner shall either surrender the license plates to the department or an authorized third party or submit an affidavit of license plate destruction as prescribed by the director. On surrender of the license plates or submission of an affidavit of license plate destruction, the department shall provide new license plates of the proper vehicle type to the owner and credit the owner with an amount equal to the unexpended portion of the fees and taxes originally paid by the owner for registration and license plates toward fees and taxes charged for the registration and license plates of the appropriate new vehicle type.
E. D. The owner of a registered vehicle who transfers license plates to another vehicle or who claims a refund credit pursuant to this section is entitled to a credit or a refund for the unexpired portion of the fees and taxes paid as required by law in accordance with the following conditions:
1. The fees and taxes are prorated on a monthly basis beginning on the first day of the registration month following the date of acquisition of the vehicle.
2. The credit or refund shall be an amount computed as follows:
(a) If the vehicle is registered on an annual basis, one‑twelfth for each full month of the registration period not yet expired.
(b) If the vehicle is registered on a biennial basis pursuant to section 28‑2159, one‑twenty‑fourth for each full month of the registration period not yet expired.
(a) For each full month remaining in the registration cycle, the record or financial account credit shall be prorated using the assessed value of the vehicle for the year that the full month is in.
(c) (b) If the vehicle is permanently registered, one‑twenty‑fourth for each full month after acquisition of the vehicle to the twenty‑fourth month after the date of initial permanent registration of the vehicle.
F. E. If the owner of a registered vehicle transfers the vehicle to another person but does not transfer the license plates to another vehicle, surrender the license plates to the department or an authorized third party or submit an affidavit of license plate destruction apply for a credit within thirty days of the transfer as required by section 28‑2058, the unexpired portion of the fees and taxes shall decrease pursuant to subsection E of this section until the owner either surrenders the license plates to the department or an authorized third party or submits an affidavit of license plate destruction applies for the credit.
G. Except as provided in subsection C of this section, an owner of a registered vehicle who transfers the vehicle to another person and either surrenders the license plates to the department or an authorized third party or submits an affidavit of license plate destruction may apply to the department for a refund of the unexpired portion of the fees and taxes paid if the owner does not claim a credit pursuant to this section and the refundable amount calculated pursuant to subsection D of this section exceeds the twelve dollar fee prescribed in subsection B of this section. If the department determines that the owner is entitled to a refund, the department shall send the refund by first class mail to the address provided by the owner claiming the refund or, if no address is provided, to the latest address listed on the department's records for the owner claiming the refund.
H. F. An owner who transfers license plates to another vehicle pursuant to this section is subject to the same penalties for the use of the license plates on another vehicle or for improper use of the license plates as the owner would have been subject to for use of the license plates on the vehicle to which the plates were previously assigned.
I. G. The owner of a vehicle registered in this state is not entitled to a credit or a refund pursuant to this section if the vehicle is registered in another state unless the owner is applying the credit pursuant to this section to another vehicle the owner owns or acquires for registration in this state.
Sec. 14. Repeal
Section 28-2356, Arizona Revised Statutes, as amended by Laws 2018, chapter 166, section 8, is repealed.
Sec. 15. Section 33-1228, Arizona Revised Statutes, as added by Laws 1985, chapter 192, section 3, is amended to read:
33-1228. Termination of condominium
A. Except in the case of a taking of all the units by eminent domain, a condominium may be terminated only by agreement of unit owners of units to which at least eighty per cent percent of the votes in the association are allocated, or any larger percentage the declaration specifies. The declaration may specify a smaller percentage only if all of the units in the condominium are restricted exclusively to nonresidential uses.
B. An agreement to terminate shall be evidenced by the execution or ratifications of a termination agreement, in the same manner as a deed, by the requisite number of unit owners. The termination agreement shall specify a date after which the agreement will be void unless it is recorded before that date. A termination agreement and all ratifications of a termination agreement shall be recorded in each county in which a portion of the condominium is situated and is effective only on recordation.
C. A termination agreement may provide that all the common elements and units of the condominium shall be sold following termination. If, pursuant to the agreement, any real estate in the condominium is to be sold following termination, the termination agreement shall set forth the minimum terms of the sale.
D. The association, on behalf of the unit owners, may contract for the sale of real estate in the condominium, but the contract is not binding on the unit owners until approved pursuant to subsections A and B of this section. If any real estate in the condominium is to be sold following termination, title to that real estate on termination vests in the association as trustee for the holders of all interest in the units. Thereafter, the association has all powers necessary and appropriate to effect the sale. Until the sale has been concluded and the proceeds of the sale distributed, the association continues in existence with all powers it had before termination. Proceeds of the sale shall be distributed to unit owners and lienholders as their interests may appear, in proportion to the respective interests of unit owners as provided in subsection G of this section. Unless otherwise specified in the termination agreement, as long as the association holds title to the real estate, each unit owner and his the unit owner's successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted his the unit owner's unit. During the period of that occupancy, each unit owner and his the successors in interest remain liable for all assessments and other obligations imposed on unit owners by this chapter or the declaration.
E. If the real estate constituting the condominium is not to be sold following termination, title to all the real estate in the condominium vests in the unit owners on termination as tenants in common in proportion to their respective interests as provided in subsection G of this section, and liens on the units shift accordingly. While the tenancy in common exists, each unit owner and his the unit owner's successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted his the unit owner's unit.
F. Following termination of the condominium, the proceeds of any sale of real estate, together with the assets of the association, are held by the association as trustee for unit owners and holders of liens on the units as their interests may appear. Following termination, creditors of the association holding liens on the units which that were recorded before termination may enforce those liens in the same manner as any lienholder.
G. The respective interests of unit owners referred to in subsections D, E and F of this section are as follows:
1. Except as provided in paragraph 2 of this subsection, the respective interests of unit owners are the fair market values of their units, limited common elements and common element interests immediately before the termination, as determined by and an additional five percent of that total amount for relocation costs for owner‑occupied units. An independent appraiser selected by the association shall determine The total fair market values. The determination of the independent appraiser shall be distributed to the unit owners and becomes final unless disapproved within thirty sixty days after distribution by to the unit owners of units to which fifty per cent of the votes in the association are allocated owner. Any unit owner may obtain a second independent appraisal at the unit owner's expense and, if the unit owner's independent appraisal amount differs from the association's independent appraisal amount by five percent or less, the higher appraisal is final. If the total amount of compensation owed as determined by the second appraiser is more than five percent higher than the amount determined by the association's appraiser, the unit owner shall submit to arbitration at the association's expense and the arbitration amount is the final sale amount. an additional five percent of the final sale amount shall be added for relocation costs for owner‑occupied units. The proportion of any unit owner's interest to that of all unit owners is determined by dividing the fair market value of that unit owner's unit and common element interest by the total fair market values of all the units and common elements.
2. If any unit or any limited common element is destroyed to the extent that an appraisal of the fair market value of the unit or element before destruction cannot be made, the interests of all unit owners are their respective common element interests immediately before the termination.
H. Except as provided in subsection I of this section, foreclosure or enforcement of a lien or encumbrance against the entire condominium does not of itself terminate the condominium, and foreclosure or enforcement of a lien or encumbrance against a portion of the condominium does not withdraw that portion from the condominium. Foreclosure or enforcement of a lien or encumbrance against withdrawable real estate does not of itself withdraw that real estate from the condominium, but the person taking title may require from the association, on request, an amendment excluding the real estate from the condominium.
I. If a lien or encumbrance against a portion of the real estate comprising the condominium has priority over the declaration, and the lien or encumbrance has not been partially released, the parties foreclosing the lien or encumbrance may, on foreclosure, may record an instrument excluding the real estate subject to that lien or encumbrance from the condominium.
J. The provisions of subsections C, through I D, E, F, H and I of this section do not apply if the original declaration, an amendment to the original declaration recorded before the conveyance of any unit to an owner other than the declarant or an agreement by all of the unit owners contain contains provisions inconsistent with such these subsections.
K. Beginning on August 3, 2018, any provisions in the declaration that conflict with SUBSECTION G, paragraph 1 of this section are void as a matter of public policy.
Sec. 16. Repeal
Section 33-1228, Arizona Revised Statutes, as amended by Laws 2018, chapter 235, section 1, is repealed.
Sec. 17. Section 41-619.51, Arizona Revised Statutes, as amended by Laws 2018, chapter 46, section 3 and chapter 296, section 12, is amended to read:
41-619.51. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of financial institutions, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy or the board of physical therapy or the state board of technical registration.
2. "Board" means the board of fingerprinting.
3. "Central registry exception" means notification to the department of economic security, the department of child safety or the department of health services, as appropriate, pursuant to section 41‑619.57 that the person is not disqualified because of a central registry check conducted pursuant to section 8‑804.
4. "Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present.
5. "Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41‑619.55.
6. "Person" means a person who is required to be fingerprinted pursuant to this article or who is subject to a central registry check and any of the following:
(a) Section 3-314.
(a) (b) Section 8‑105.
(b) (c) Section 8‑322.
(c) (d) Section 8‑463.
(d) (e) Section 8‑509.
(e) (f) Section 8‑802.
(f) (g) Section 8‑804.
(g) (h) Section 15‑183.
(h) (i) Section 15‑503.
(i) (j) Section 15‑512.
(j) (k) Section 15‑534.
(k) (l) Section 15‑763.01.
(l) (m) Section 15‑782.02.
(m) (n) Section 15‑1330.
(n) (o) Section 15‑1881.
(o) (p) Section 17‑215.
(p) (q) Section 28‑3228.
(q) (r) Section 28‑3413.
(r) (s) Section 32-122.02.
(s) (t) Section 32‑122.05.
(t) (u) Section 32‑122.06.
(u) (v) Section 32‑1232.
(v) (w) Section 32‑1276.01.
(w) (x) Section 32‑1284.
(x) (y) Section 32‑1297.01.
(y) (z) Section 32‑1904.
(z) (aa) Section 32-1941.
(aa) (bb) Section 32‑2022.
(bb) (cc) Section 32‑2108.01.
(cc) (dd) Section 32‑2123.
(dd) (ee) Section 32‑2371.
(ee) (ff) Section 32‑3620.
(ff) (gg) Section 32‑3668.
(gg) (hh) Section 32‑3669.
(hh) (ii) Section 36‑207.
(ii) (jj) Section 36‑411.
(jj) (kk) Section 36‑425.03.
(kk) (ll) Section 36‑446.04.
(ll) (mm) Section 36‑594.01.
(mm) (nn) Section 36‑594.02.
(nn) (oo) Section 36‑882.
(oo) (pp) Section 36‑883.02.
(pp) (qq) Section 36‑897.01.
(qq) (rr) Section 36‑897.03.
(rr) (ss) Section 36‑3008.
(ss) (tt) Section 41‑619.53.
(tt) (uu) Section 41‑1964.
(uu) (vv) Section 41‑1967.01.
(vv) (ww) Section 41‑1968.
(ww) (xx) Section 41‑1969.
(xx) (yy) Section 41‑2814.
(yy) (zz) Section 46‑141, subsection A.
(zz) (aaa) Section 46‑321.
Sec. 18. Repeal
Section 41-619.51, Arizona Revised Statutes, as amended by Laws 2018, chapter 287, section 3, is repealed.
Sec. 19. Section 41-1758, Arizona Revised Statutes, as amended by Laws 2018, chapter 46, section 4 and chapter 296, section 13, is amended to read:
41-1758. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of financial institutions, the board of fingerprinting, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy or the board of physical therapy or the state board of technical registration.
2. "Division" means the fingerprinting division in the department of public safety.
3. "Electronic or internet-based fingerprinting services" means a secure system for digitizing applicant fingerprints and transmitting the applicant data and fingerprints of a person or entity submitting fingerprints to the department of public safety for any authorized purpose under this title. For the purposes of this paragraph, "secure system" means a system that complies with the information technology security policy approved by the department of public safety.
4. "Good cause exception" means the issuance of a fingerprint clearance card to an applicant pursuant to section 41‑619.55.
5. "Person" means a person who is required to be fingerprinted pursuant to any of the following:
(a) Section 3-314.
(a) (b) Section 8‑105.
(b) (c) Section 8‑322.
(c) (d) Section 8‑463.
(d) (e) Section 8‑509.
(e) (f) Section 8‑802.
(f) (g) Section 15‑183.
(g) (h) Section 15‑503.
(h) (i) Section 15‑512.
(i) (j) Section 15‑534.
(j) (k) Section 15‑763.01.
(k) (l) Section 15‑782.02.
(l) (m) Section 15‑1330.
(m) (n) Section 15‑1881.
(n) (o) Section 17‑215.
(o) (p) Section 28‑3228.
(p) (q) Section 28-3413.
(q) (r) Section 32-122.02.
(r) (s) Section 32‑122.05.
(s) (t) Section 32‑122.06.
(t) (u) Section 32‑1232.
(u) (v) Section 32‑1276.01.
(v) (w) Section 32‑1284.
(w) (x) Section 32‑1297.01.
(x) (y) Section 32‑1904.
(y) (z) Section 32-1941.
(z) (aa) Section 32‑2022.
(aa) (bb) Section 32‑2108.01.
(bb) (cc) Section 32‑2123.
(cc) (dd) Section 32‑2371.
(dd) (ee) Section 32‑3620.
(ee) (ff) Section 32‑3668.
(ff) (gg) Section 32‑3669.
(gg) (hh) Section 36‑207.
(hh) (ii) Section 36‑411.
(ii) (jj) Section 36‑425.03.
(jj) (kk) Section 36‑446.04.
(kk) (ll) Section 36‑594.01.
(ll) (mm) Section 36‑594.02.
(mm) (nn) Section 36‑882.
(nn) (oo) Section 36‑883.02.
(oo) (pp) Section 36‑897.01.
(pp) (qq) Section 36‑897.03.
(qq) (rr) Section 36‑3008.
(rr) (ss) Section 41‑619.52.
(ss) (tt) Section 41‑619.53.
(tt) (uu) Section 41‑1964.
(uu) (vv) Section 41‑1967.01.
(vv) (ww) Section 41‑1968.
(ww) (xx) Section 41‑1969.
(xx) (yy) Section 41‑2814.
(yy) (zz) Section 46‑141, subsection A.
(zz) (aaa) Section 46‑321.
6. "Vulnerable adult" has the same meaning prescribed in section 13‑3623.
Sec. 20. Repeal
Section 41-1758, Arizona Revised Statutes, as amended by Laws 2018, chapter 287, section 4, is repealed.
Sec. 21. Section 41-1758.01, Arizona Revised Statutes, as amended by Laws 2018, chapter 46, section 5 and chapter 296, section 14, is amended to read:
41-1758.01. Fingerprinting division; powers and duties
A. The fingerprinting division is established in the department of public safety and shall:
1. Conduct fingerprint background checks for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks pursuant to sections 3-314, 8‑105, 8‑322, 8‑463, 8‑509, 8‑802, 15‑183, 15‑503, 15‑512, 15‑534, 15‑763.01, 15‑782.02, 15‑1330, 15‑1881, 17‑215, 28‑3228, 28‑3413, 32-122.02, 32‑122.05, 32‑122.06, 32‑1232, 32‑1276.01, 32‑1284, 32‑1297.01, 32‑1904, 32‑1941, 32‑2022, 32‑2108.01, 32‑2123, 32‑2371, 32‑3620, 32‑3668, 32‑3669, 36‑207, 36‑411, 36‑425.03, 36‑446.04, 36‑594.01, 36‑594.02, 36‑882, 36‑883.02, 36‑897.01, 36‑897.03, 36‑3008, 41‑619.52, 41‑619.53, 41‑1964, 41‑1967.01, 41‑1968, 41‑1969 and 41‑2814, section 46‑141, subsection A and section 46‑321.
2. Issue fingerprint clearance cards. On issuance, a fingerprint clearance card becomes the personal property of the cardholder and the cardholder shall retain possession of the fingerprint clearance card.
3. On submission of an application for a fingerprint clearance card, collect the fees established by the board of fingerprinting pursuant to section 41‑619.53 and deposit, pursuant to sections 35‑146 and 35‑147, the monies collected in the board of fingerprinting fund.
4. Inform in writing each person who submits fingerprints for a fingerprint background check of the right to petition the board of fingerprinting for a good cause exception pursuant to section 41‑1758.03, 41‑1758.04 or 41‑1758.07.
5. If after conducting a state and federal criminal history records check the division determines that it is not authorized to issue a fingerprint clearance card to a person, inform the person in writing that the division is not authorized to issue a fingerprint clearance card. The notice shall include the criminal history information on which the denial was based. This criminal history information is subject to dissemination restrictions pursuant to section 41‑1750 and Public Law 92‑544.
6. Notify the person in writing if the division suspends, revokes or places a driving restriction notation on a fingerprint clearance card pursuant to section 41‑1758.04. The notice shall include the criminal history information on which the suspension, revocation or placement of the driving restriction notation was based. This criminal history information is subject to dissemination restrictions pursuant to section 41‑1750 and Public Law 92‑544.
7. Administer and enforce this article.
B. The fingerprinting division may contract for electronic or internet‑based fingerprinting services through an entity or entities for the acquisition and transmission of applicant fingerprint and data submissions to the department, including identity verified fingerprints pursuant to section 15‑106. The entity or entities contracted by the department of public safety may charge the applicant a fee for services provided pursuant to this article. The entity or entities contracted by the department of public safety shall comply with:
1. All information privacy and security measures and submission standards established by the department of public safety.
2. The information technology security policy approved by the department of public safety.
Sec. 22. Repeal
Section 41-1758.01, Arizona Revised Statutes, as amended by Laws 2018, chapter 287, section 5, is repealed.
Sec. 23. Repeal
Laws 2008, chapter 243, section 6, as amended by Laws 2012, chapter 281, section 2 and Laws 2018, chapter 258, section 3, is repealed.
Sec. 24. Laws 2018, chapter 42, section 16 is amended to read:
Sec. 16. Conditional enactment
Section 38-885.01, Arizona Revised Statutes, as amended by Laws 2017, chapter 163, section 14 and this act, becomes effective on the date prescribed by Laws 2017, chapter 163, section 24, as amended by Laws 2018, chapter 140, section 3, but only on the occurrence of the condition prescribed by Laws 2017, chapter 163, section 24, as amended by Laws 2018, chapter 140, section 3.
Sec. 25. Retroactivity
Sections 6, 7, 8, 9, 10, 11, 12, 15, 16, 23 and 24 of this act apply retroactively to from and after August 2, 2018.
Sec. 26. Effective date
A. Sections 17, 18, 19, 20, 21 and 22 of this act are effective from and after August 3, 2019.
B. Sections 2, 3, 4, 5, 13 and 14 of this act are effective from and after August 31, 2019.
