HB2254 - 532R

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

Section 1. Section 1-215, Arizona Revised Statutes, is amended to read:

START_STATUTE1-215. Definitions

In the statutes and laws of this state, unless the context otherwise requires:

1. "Action" includes any matter or proceeding in a court, civil or criminal.

2. "Adopted rule" means a final rule as defined in section 41‑1001.

3. "Adult" means a person who has attained eighteen years of age.

4. "Alternative fuel" means:

(a) Electricity.

(b) Solar energy.

(c) Liquefied petroleum gas, natural gas, hydrogen or a blend of hydrogen with liquefied petroleum or natural gas that complies with any of the following:

(i) Is used in an engine that is certified to meet at a minimum the United States environmental protection agency low emission vehicle standard pursuant to 40 Code of Federal Regulations section 88.104‑94 or 88.105‑94.

(ii) Is used in an engine that is certified by the engine modifier to meet the addendum to memorandum 1‑A of the United States environmental protection agency as printed in the federal register, volume 62, number 207, October 27, 1997, pages 55635 through 55637.

(iii) Is used in an engine that is the subject of a waiver for that specific engine application from the United States environmental protection agency's memorandum 1‑A addendum requirements and that waiver is documented to the reasonable satisfaction of the director of the department of environmental quality.

(d) Only for vehicles that use alcohol fuels before August 21, 1998, alcohol fuels that contain not less than eighty‑five per cent alcohol by volume.

(e) (d) A combination of at least seventy per cent percent alternative fuel and no more than thirty per cent petroleum based percent petroleum‑based fuel that operates in an engine that meets the United States environmental protection agency low emission vehicle standard pursuant to 40 Code of Federal Regulations section 88.104‑94 or 88.105‑94 and that is certified by the engine manufacturer to consume at least seventy per cent percent alternative fuel during normal vehicle operations.

5. "Bribe" means anything of value or advantage, present or prospective, asked, offered, given, accepted or promised with a corrupt intent to influence, unlawfully, the person to whom it is given in that person's action, vote or opinion, in any public or official capacity.

6. "Child" or "children" as used in reference to age of persons means persons under eighteen years of age.

7. "Clean burning fuel" means:

(a) An emulsion of water‑phased hydrocarbon fuel that contains not less than twenty per cent percent water by volume and that complies with any of the following:

(b) A diesel fuel substitute that is produced from nonpetroleum renewable resources if the qualifying volume of the nonpetroleum renewable resources meets the standards for California diesel fuel as adopted by the California air resources board pursuant to 13 California Code of Regulations sections 2281 and 2282 in effect on January 1, 2000, the diesel fuel substitute meets the registration requirement for fuels and additives established by the United States environmental protection agency pursuant to section 211 of the clean air act as defined in section 49‑401.01 and the use of the diesel fuel substitute complies with the requirements listed in 10 Code of Federal Regulations part 490, as printed in the federal register, volume 64, number 96, May 19, 1999.

(i) Contains a maximum of fifteen parts per million by weight of sulfur.

(ii) Meets ASTM D975.

(iii) Meets the registration requirements for fuels and additives established by the United States environmental protection agency pursuant to section 211 of the clean air act as defined in section 49‑401.01.

(iv) Is used in an engine that is equipped or has been retrofitted with a device that has been certified by the California air resources board diesel emission control strategy verification procedure, the United States environmental protection agency voluntary diesel retrofit program or the United States environmental protection agency verification protocol for retrofit catalyst, particulate filter and engine modification control technologies for highway and nonroad use diesel engines.

(d) A blend of unleaded gasoline that contains at minimum eighty‑five per cent percent ethanol by volume or eighty‑five per cent percent methanol by volume.

(e) Neat methanol.

(f) Neat ethanol.

8. "Corruptly" means a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person.

9. "Day" means the twenty-four hour period between midnight and midnight.

9. 10. "Daytime" means the period between sunrise and sunset.

10. 11. "Depose" includes every manner of written statement under oath or affirmation.

11. 12. "Federal poverty guidelines" means the poverty guidelines as updated annually in the federal register by the United States department of health and human services.

12. 13. "Grantee" includes every person to whom an estate or interest in real property passes, in or by a deed.

13. 14. "Grantor" includes every person from or by whom an estate or interest in real property passes, in or by a deed.

14. 15. "Includes" or "including" means not limited to and is not a term of exclusion.

15. 16. "Inhabitant" means a resident of a city, town, village, district, county or precinct.

16. 17. "Issue" as used in connection with descent of estates includes all lawful, lineal descendants of the ancestor.

17. 18. "Knowingly":

(a) Means only a knowledge that the facts exist that bring the act or omission within the provisions of the statute using such word.

(b) Does not require any knowledge of the unlawfulness of the act or omission.

18. 19. "Magistrate" means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court.

19. 20. "Majority" or "age of majority" as used in reference to age of persons means at least eighteen years of age or more.

20. 21. "Malice" and "maliciously" mean a wish to vex, annoy or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law.

21. 22. "Minor" means a person under the age of eighteen years of age.

22. 23. "Minor children" means persons under the age of eighteen years of age.

23. 24. "Month" means a calendar month unless otherwise expressed.

24. 25. "Neglect", "negligence", "negligent" and "negligently" import a want of such attention to the nature or probable consequence of the act or omission as a prudent man person ordinarily bestows in acting in his the person's own concerns.

25. 26. "Nighttime" means the period between sunset and sunrise.

26. 27. "Oath" includes an affirmation or declaration.

27. 28. "Peace officers" means sheriffs of counties, constables, marshals, policemen of cities and towns, commissioned personnel of the department of public safety, personnel who are employed by the state department of corrections and the department of juvenile corrections and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a multicounty water conservation district and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by community college district governing boards and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the Arizona board of regents and who have received a certificate from the Arizona peace officer standards and training board, police officers who are appointed by the governing body of a public airport pursuant to section 28‑8426 and who have received a certificate from the Arizona peace officer standards and training board, peace officers who are appointed by a private postsecondary institution pursuant to section 15‑1897 and who have received a certificate from the Arizona peace officer standards and training board and special agents from the office of the attorney general, or of a county attorney, and who have received a certificate from the Arizona peace officer standards and training board.

28. 29. "Person" includes a corporation, company, partnership, firm, association or society, as well as a natural person. When the word "person" is used to designate the party whose property may be the subject of a criminal or public offense, the term includes the United States, this state, or any territory, state, or country, or any political subdivision of this state that may lawfully own any property, or a public or private corporation, or partnership or association. When the word "person" is used to designate the violator or offender of any law, it includes a corporation, a partnership or any association of persons.

29. 30. "Personal property" includes money, goods, chattels, things in action and evidences of debt.

30. 31. "Population" means the population according to the most recent United States decennial census.

31. 32. "Process" means a citation, writ or summons issued in the course of judicial proceedings.

32. 33. "Property" includes both real and personal property.

33. 34. "Real property" is coextensive with lands, tenements and hereditaments.

34. 35. "Registered mail" includes certified mail.

35. 36. "Seal" as used in reference to a paper issuing from a court or public office to which the seal of such court or office is required to be affixed means an impression of the seal on that paper, an impression of the seal affixed to that paper by a wafer or wax, a stamped seal, a printed seal, a screened seal or a computer generated computer‑generated seal.

36. 37. "Signature" or "subscription" includes a mark, if a person cannot write, with the person's name written near it and witnessed by a person who writes the person's own name as witness.

37. 38. "State", as applied to the different parts of the United States, includes the District of Columbia, this state and the territories.

38. 39. "Testify" includes every manner of oral statement under oath or affirmation.

39. 40. "United States" includes the District of Columbia and the territories.

40. 41. "Vessel", as used in reference to shipping, includes ships of all kinds, steamboats, steamships, barges, canal boats and every structure adapted to navigation from place to place for the transportation of persons or property.

41. 42. "Wilfully" means, with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists.

42. 43. "Will" includes codicils.

43. 44. "Workers' compensation" means workmen's compensation as used in article XVIII, section 8, Constitution of Arizona.

44. 45. "Writ" means an order or precept in writing issued in the name of the state or by a court or judicial officer.

45. 46. "Writing" includes printing. END_STATUTE

Sec. 2. Section 1-243, Arizona Revised Statutes, is transferred and renumbered for placement in title 1, chapter 2, article 2, Arizona Revised Statutes, as section 1‑219 and, as so renumbered, is amended to read:

START_STATUTE1-219. Computation of time

A. Except as provided in subsection B of this section, the time in which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is a holiday, and then it is also excluded. Notwithstanding section 1-215, for the purposes of this subsection, any fraction or portion of the twenty-four hour period from midnight to midnight constitutes the first day.

B. In cases in which If notice of a decision by the this state, any a state agency thereof or any a political subdivision must be given to a petitioner and in which the petitioner must file a notice of appeal of such that decision within a time certain of less than ten days, such the time shall be computed starting with the day after the day during which the notice of decision is received by the petitioner by personal service or registered or certified mail. END_STATUTE