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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : General Provisions
Chapter : LAW AND STATUTES
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1-201 Adoption of common law;exceptions
The common law only so far as it is consistent with and adapted to the natural and
physical conditions of this state and the necessities of the people thereof, and not
repugnant to or inconsistent with the Constitution of the United States or the
constitution or laws of this state, or established customs of the people of this state,
is adopted and shall be the rule of decision in all courts of this state.
1-202 Private and corporate seals or scrolls;effect
Unless otherwise specifically required by law, no private or corporate seal or
scroll is necessary to establish the validity of any contract, bond, conveyance or other
instrument of writing, nor shall the addition or omission of any private or corporate
seal or scroll in any way affect any such instrument heretofore or hereafter made.
1-211 Rules of construction anddefinitions
A. The rules and the definitions set forth in this chapter shall be observed in the
construction of the laws of the state unless such construction would be inconsistent with
the manifest intent of the legislature.
B. Statutes shall be liberally construed to effect their objects and to promote
justice.
C. The rule of the common law that penal statutes shall be strictly construed has
no application to these Revised Statutes. Penal statutes shall be construed according to
the fair import of their terms, with a view to effect their object and to promote
justice.
1-212 Section headings; source notes; reviser'snotes; cross references; exception
Except as provided in section 47-1108, headings to sections, source notes, reviser's
notes and cross references are supplied for the purpose of convenient reference and do
not constitute part of the law.
1-213 Words and phrases
Words and phrases shall be construed according to the common and approved use of the
language. Technical words and phrases and those which have acquired a peculiar and
appropriate meaning in the law shall be construed according to such peculiar and
appropriate meaning.
1-214 Words of tense, number and gender
A. Words in the present tense include the future as well as the present.
B. Words in the singular number include the plural, and words in the plural number
include the singular.
C. Words of the masculine gender include the feminine and the neuter.
D. Words of the feminine gender include the masculine and the neuter.
1-215 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 the age of eighteen years.
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) A combination of at least seventy per cent alternative fuel and no more than
thirty per cent 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 alternative fuel during normal vehicle
operations.
5. "Bribe" signifies 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
the age of eighteen years.
7. "Clean burning fuel" means:
(a) An emulsion of water-phased hydrocarbon fuel that contains not less than twenty
per cent water by volume and 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.
(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.
(c) A diesel fuel that complies with all of the following:
(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
ethanol by volume or eighty-five per cent methanol by volume.
(e) Neat methanol.
(f) Neat ethanol.
8. "Corruptly" imports 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. "Daytime" means the period between sunrise and sunset.
10. "Depose" includes every manner of written statement under oath or affirmation.
11. "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. "Grantee" includes every person to whom an estate or interest in real property
passes, in or by a deed.
13. "Grantor" includes every person from or by whom an estate or interest in real
property passes, in or by a deed.
14. "Includes" or "including" means not limited to and is not a term of exclusion.
15. "Inhabitant" means a resident of a city, town, village, district, county or
precinct.
16. "Issue" as used in connection with descent of estates includes all lawful,
lineal descendants of the ancestor.
17. "Knowingly" imports only a knowledge that the facts exist that bring the act or
omission within the provisions of the statute using such word. It does not require any
knowledge of the unlawfulness of the act or omission.
18. "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 judges of the
supreme court, judges of the superior court, justices of the peace and police magistrates
in cities and towns.
19. "Majority" or "age of majority" as used in reference to age of persons means the
age of eighteen years or more.
20. "Malice" and "maliciously" import 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. "Mentally ill person" includes an idiot, an insane person, a lunatic or a person
non compos.
22. "Minor" means a person under the age of eighteen years.
23. "Minor children" means persons under the age of eighteen years.
24. "Month" means a calendar month unless otherwise expressed.
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
ordinarily bestows in acting in his own concerns.
26. "Nighttime" means the period between sunset and sunrise.
27. "Oath" includes an affirmation or declaration.
28. "Peace officers" means sheriffs of counties, constables, marshals, policemen of
cities and towns, commissioned personnel of the department of public safety, 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 and 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.
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 corporation, partnership or
any association of persons.
30. "Personal property" includes money, goods, chattels, dogs, things in action and
evidences of debt.
31. "Population" means the population according to the most recent United States
decennial census.
32. "Process" means a citation, writ or summons issued in the course of judicial
proceedings.
33. "Property" includes both real and personal property.
34. "Real property" is coextensive with lands, tenements and hereditaments.
35. "Registered mail" includes certified mail.
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 seal.
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.
38. "State", as applied to the different parts of the United States, includes the
District of Columbia, this state and the territories.
39. "Testify" includes every manner of oral statement under oath or affirmation.
40. "United States" includes the District of Columbia and the territories.
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.
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.
43. "Will" includes codicils.
44. "Workers' compensation" means workmen's compensation as used in article XVIII,
section 8, Constitution of ARIZONA.
45. "Writ" signifies an order or precept in writing issued in the name of the state
or by a court or judicial officer.
46. "Writing" includes printing.
1-216 Joint authority of public officers;quorum of board or commission
A. Words purporting to give a joint authority to three or more public officers or
other persons shall be construed as giving the authority to a majority of the officers or
persons unless it is otherwise expressly declared in the law giving the authority.
B. A majority of a board or commission shall constitute a quorum.
1-217 Definitions of certain words when used inpleadings
In pleadings, civil or criminal:
1. "Horse" includes all kinds, ages and sexes of the horse species.
2. "Mule" includes all kinds, ages and sexes of the mule species.
3. "Neat animal" includes all kinds, ages and sexes of the bovine species.
1-218 Filing by mail; date of filing
A. Any report, claim, tax return, statement, payment, deposit, or other material
dealing in any way or manner whatsoever with taxation, other than petitions or notices of
appeal, which is required or authorized to be filed with or made to the state or any
agency or political subdivision thereof which is deposited, properly addressed and
postage prepaid, in an official depository of the United States mail shall be deemed
filed and received by the addressee on the date shown by the postmark or other official
mark of the United States mail stamped thereon, or, if the sender disputes the dates
contained on such mark or no such mark appears or is legible, on the mailing date as
established by competent evidence introduced by the sender.
B. Any filing described in subsection A which is not received by the addressee
shall be deemed filed and received on the date of mailing if the sender establishes the
date of mailing as provided in subsection A and files with the addressee a duplicate
filing within ten days after written notification of nonreceipt of such filing is given
to the sender by the addressee.
C. If any filing described in subsection A is sent by United States certified or
registered mail or certificate of mailing, the date of such registration, certification
or certificate, as established by a record authenticated by proper officials of the
United States mail, shall be deemed the date of filing.
D. If the due date of any filing described in subsection A falls upon a Saturday,
Sunday or legal holiday, the filing shall be considered timely if performed on the next
business day.
E. For the purposes of tax administration, references in this section to:
1. "United States mail" are considered to include any designated delivery service
provided by a trade or business if the service has been designated by the United States
secretary of the treasury pursuant to section 7502(f) of the United States internal
revenue code of 1986.
2. "Postmark" are considered to include any date recorded or marked by any
designated delivery service and described in section 7502(f)(2)(C) of the internal
revenue code.
3. "Registered" and "certified" are considered to include any equivalent service
maintained by a designated delivery service.
1-241 Time statutes take effect
A. An act or statute which by its terms is to take effect on a specified day shall,
unless otherwise provided in the act or statute, take effect at twelve o'clock noon on
the day specified.
B. An act or statute, which by its terms is to take effect from and after a
specified day, shall take effect at midnight of the day specified.
1-242 Standard time
A. The standard time in ARIZONA shall be the solar time of the one hundred fifth
meridian west of Greenwich, commonly known as standard mountain time.
B. This section shall not be construed to affect the standard time established by
United States law governing the movements of common carriers engaged in interstate
commerce or the time for performance of an act by an officer or department of the United
States, as established by a statute, lawful order, rule or regulation of the United
States or an agency thereof.
C. Notwithstanding any other provision of law to the contrary by the United States
government relating to adoption of daylight saving time by all of the states, the state
of ARIZONA elects to reject such time and elects to continue in force the terms of
subsection A, relating to standard time in ARIZONA.
D. The rejection of daylight saving time as provided for in this section may be
changed by future legislative action.
1-243 Computation of time
A. Except as provided in subsection B, 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.
B. In cases in which notice of a decision by the state, any agency thereof or any
political subdivision must be given to a petitioner and in which the petitioner must file
a notice of appeal of such decision within a time certain of less than ten days, such
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.
1-244 Retroactivity of statutes
No statute is retroactive unless expressly declared therein.
1-245 Subsequent statute as superseding formerlaw
When a statute has been enacted and has become a law, no other statute or law is
continued in force because it is consistent with the statute enacted, but in all cases
provided for by the subsequent statute, the statutes, laws and rules theretofore in
force, whether consistent or not with the provisions of the subsequent statute, unless
expressly continued in force by it, shall be deemed repealed and abrogated.
1-246 Penalty altered by subsequent law;effect
When the penalty for an offense is prescribed by one law and altered by a subsequent
law, the penalty of such second law shall not be inflicted for a breach of the law
committed before the second took effect, but the offender shall be punished under the law
in force when the offense was committed.
1-247 Repeal of law and substitution ofpenalty; effect
When by the provisions of a repealing statute a new penalty is substituted for an
offense punishable under the law repealed, such repealing statute shall not exempt from
punishment a person who has offended against the repealed law while it was in force, but
in such case the rule prescribed in section 1-246 shall govern.
1-248 Repealing acts; certain laws notaffected
A repealing act shall not affect:
1. Any law funding the territorial or state debt.
2. Any law authorizing the issuance of, funding of, or payment of principal or
interest on, territorial bonds, bonds of the state, bonds of an agency, institution,
department or political subdivision of the state, or bonds of a county, city, town or
municipal corporation.
3. Any act incorporating or chartering municipal corporations.
1-249 Repealing act; effect on pending actionor accrued right
No action or proceeding commenced before a repealing act takes effect, and no right
accrued is affected by the repealing act, but proceedings therein shall conform to the
new act so far as applicable.
1-250 Change of limitation; effect
When a limitation or period of time prescribed in a law for acquiring a right or
barring a remedy or for any purpose has begun to run before an act repealing such law
takes effect and the same or any other limitation is prescribed in any other act passed
at the same session of the legislature, the time which has already run shall be deemed
part of the time prescribed as such limitation by any act passed at the same session of
the legislature.
1-251 Act abolishing office; effect ontenure
A person who at the time an act takes effect holds office under a law repealed by
such act continues to hold the office according to the tenure of the law repealed, unless
the duties of the office are expressly transferred to some other office.
1-252 Repeal of repealing statute;effect
The repeal or abrogation of a statute, law or rule does not revive the former
statute, law or rule theretofore repealed or abrogated, nor does it affect any right then
already existing or accrued at the time of such repeal, nor any action or proceeding
theretofore taken, except such as may be provided in the subsequent repealing statute,
nor shall it affect any private statute not expressly repealed thereby.
1-253 Effect of penal laws on civil remedies,forfeitures, military laws and contempts
A. The omission to specify or affirm by law liability to damages, penalty,
forfeiture or other remedy imposed by law and allowed to be recovered or enforced in a
civil action or proceeding for an act or omission declared punishable by law, does not
affect a right to recover or enforce such liability.
B. The omission to specify or affirm by law any ground of forfeiture of a public
office, or other trust, or special authority conferred by law, or to impeach, remove,
depose or suspend a public officer or other person holding a trust, appointment or other
special authority conferred by law, does not affect such forfeiture or power, or any
proceeding authorized by law to carry into effect such impeachment, removal, deposition
or suspension.
C. Laws defining and punishing criminal offenses do not affect any power conferred
by law upon courts martial, or other military authority or officer, to impose or inflict
punishment upon offenders against military law, nor any power conferred by law to impose
or inflict punishment for a contempt.
1-254 Limitation on duty of statutoryimplementation; legislative appropriation requirement
No statute may be construed to impose a duty on an officer, agent or employee of
this state to discharge a responsibility or to create any right in a person or group if
the discharge or right would require an expenditure of state monies in excess of the
expenditure authorized by legislative appropriation made for that specific purpose.
1-261 Withdrawal of petition signature; paymentof remuneration; violation; classification
A. A person who has signed a petition prescribed by statute for any candidate
nomination, initiative, referendum or formation or modification of a county, municipality
or district may withdraw the person's signature from the petition not later than
5:00 p.m. on the date the petition containing the person's signature is actually filed.
A person who has signed a recall petition may withdraw the person's signature from the
petition not later than 5:00 p.m. on the date the petition containing the person's
signature is actually submitted for verification pursuant to section 19-203.
B. To withdraw a petition signature, a person may do any of the following:
1. Verify the withdrawal by signing a simple statement of intent to withdraw at the
office of the receiving officer.
2. Mail a signed, notarized statement of intent to withdraw to the receiving
officer.
3. Draw a line through the signature and printed name on the petition.
C. A signature withdrawn pursuant to subsection B of this section and received by
the receiving officer within the time provided for in subsection A of this section shall
not be counted in determining the legal sufficiency of the petition.
D. A person who knowingly gives or receives money or any other thing of value for
signing a statement of signature withdrawal pursuant to subsection B of this section is
guilty of a class 1 misdemeanor.
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