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SB1491 - 482R - H-Homeland Security and Property Rights-Adopted

Forty-eighth Legislature                                                     

Second Regular Session                                                       

 

COMMITTEE ON HOMELAND SECURITY AND PROPERTY RIGHTS

 

HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1491

 

(Reference to Senate engrossed bill)

 


Page 1, between lines 1 and 2, insert:

"Section 1.  Section 32-2181.01, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2181.01.  Power of commissioner to exempt certain subdivisions or fractional interests by special order

A.  The commissioner may in his discretion by special order exempt from any one or all of the provisions of this article certain subdivided lands or fractional interests therein upon ON written petition and upon a showing by the petitioner, satisfactory to the commissioner, that compliance with the provisions of this article is not essential to the public interest or for the protection of buyers by reason of the special characteristics of the subdivided lands or fractional interests therein or the limited character and duration of the offer for sale, lease or financing or the special characteristics or limited number of fractional interests.

b.  the commissioner shall by special order exempt from all of the provisions of this article certain subdivided lands or fractional interests located on unincorporated land in a county with a population of more than three million persons within ten days after receiving a written petition signed by the owner of the subdivided lands or fractional interests if there is no evidence that the owner of the subdivided lands or fractional interests has violated any of the provisions of this article.

B.  c.  Special orders issued pursuant to this section shall relate to specific lands or specific fractional interests.

C.  D.  A petition filed under this section shall be accompanied by an initial fee of one hundred dollars.  No fees shall be returnable irrespective of the nature of the action upon the petition. END_STATUTE

E.  A PETITION FILED PURSUANT TO SUBSECTION B IS EXEMPT FROM FILING FEES.

Sec. 2.  Section 32-2181.01, Arizona Revised Statutes, as amended by section 1 of this act, is amended effective from and after December 31, 2008, to read:

START_STATUTE32-2181.01.  Power of commissioner to exempt certain subdivisions or fractional interests by special order

A.  The commissioner may in his discretion by special order exempt from any one or all of the provisions of this article certain subdivided lands or fractional interests on written petition and upon a showing by the petitioner, satisfactory to the commissioner, that compliance with the provisions of this article is not essential to the public interest or for the protection of buyers by reason of the special characteristics of the subdivided lands or fractional interests therein or the limited character and duration of the offer for sale, lease or financing or the special characteristics or limited number of fractional interests.

B.  The commissioner shall by special order exempt from all of the provisions of this article certain subdivided lands or fractional interests located on unincorporated land in a county with a population of more than three million persons within ten days after receiving a written petition signed by the owner of the subdivided lands or fractional interests if there is no evidence that the owner of the subdivided lands or fractional interests has violated any of the provisions of this article.

C.  b.  Special orders issued pursuant to this section shall relate to specific lands or specific fractional interests.

D.  c.  A petition filed under this section shall be accompanied by an initial fee of one hundred dollars.  No fees shall be returnable irrespective of the nature of the action upon the petition. END_STATUTE

E.  A petition filed pursuant to subsection B is exempt from filing fees."

Renumber to conform

Page 1, line 10, after "to" strike remainder of line; line 11, strike "SUBDIVISION property" insert "EACH PROPERTY OWNER AT THEIR LAST KNOWN ADDRESS"

Line 15, after "notice" insert "for each individual parcel"

Page 2, between lines 4 and 5, insert:

"Sec. 5.  Section 32-2195.01, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2195.01.  Power of commissioner to exempt certain unsubdivided land by special order

A.  In his discretion the commissioner may exempt by special order from any one or all of the provisions of this article certain unsubdivided land on written petition and on a showing by the petitioner, satisfactory to the commissioner, that compliance with this article is not essential to the public interest or for the protection of buyers by reason of the special characteristics of the unsubdivided land or the limited character and duration of the offer for sale, lease or financing.

b.  the commissioner shall by special order exempt from all of the provisions of this article certain UNsubdivided lands located on unincorporated land in a county with a population of more than three million persons within ten days after receiving a written petition signed by the owner of the unsubdivided lands if there is no evidence that the owner of the unsubdivided lands has violated any of the provisions of this article.

B.  c.  The special order pursuant to this section shall relate to specific land.

C.  D.  A petition filed under this section shall be accompanied by an initial fee of one hundred dollars.  The fees are not returnable irrespective of the nature of the action taken on the petition.

e.  a petition filed pursuant to subsection b is exempt from filing fees.

Sec. 6.  Section 32-2195.01, Arizona Revised Statutes, as amended by section 5 of this act, is amended effective from and after December 31, 2008, to read:

END_STATUTE32-2195.01.  Power of commissioner to exempt certain unsubdivided land by special order

A.  In his discretion the commissioner may exempt by special order from any one or all of the provisions of this article certain unsubdivided land on written petition and on a showing by the petitioner, satisfactory to the commissioner, that compliance with this article is not essential to the public interest or for the protection of buyers by reason of the special characteristics of the unsubdivided land or the limited character and duration of the offer for sale, lease or financing.

B.  The commissioner shall by special order exempt from all of the provisions of this article certain unsubdivided lands located on unincorporated land in a county with a population of more than three million persons within ten days after receiving a written petition signed by the owner of the unsubdivided lands if there is no evidence that the owner of the subdivided lands has violated any of the provisions of this article.

C.  b.  The special order pursuant to this section shall relate to specific land.

D.  c.  A petition filed under this section shall be accompanied by an initial fee of one hundred dollars.  The fees are not returnable irrespective of the nature of the action taken on the petition.

E.  A petition filed pursuant to subsection B is exempt from filing fees."

Renumber to conform

Page 2, line 13, after "to" strike remainder of line; strike line 14, insert "each property owner at their last known address within fifteen days of"

Amend title to conform


and, as so amended, it do pass

 

                                                DOUG CLARK

                                                Vice-Chairman

 

1491-hspr

3/31/08

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