COMMITTEE ON ENERGY, ENVIRONMENT AND NATURAL RESOURCES
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2087
(Reference to printed bill)
Page 1, line 24, after “county” strike remainder of line; line 25, strike “mines, at page __________” insert “at [county recorder information]”
Page 2, line 5, strike ", in"; strike line 6, insert "at [county recorder information]."
After line 31, insert:
“Sec. 2. Section 27-221, Arizona Revised Statutes, is amended to read:
27-221. Notice to delinquent co‑owner to contribute share of annual labor expense or maintenance fees
A. When a co‑owner gives a delinquent co‑owner notice in writing or notice by publication to contribute his proportion of the expense of annual labor or maintenance fees as provided by the laws of the United States, an affidavit of the person giving the notice, stating the time, place, manner of service and by whom and upon whom the service was made, shall be attached to a true copy of the notice, and the notice and affidavit shall be recorded ninety days after giving the notice, or if the notice is given by publication in a newspaper, there shall be attached to a printed copy of the notice an affidavit of the editor or publisher of the paper, stating the date of each insertion of the notice therein, and when and where the newspaper was published during that time, and the affidavit and notice shall be recorded one hundred and eighty days after the first publication.
B. A true copy of the original notice and affidavit of service, or the records thereof, shall be prima facie evidence that the delinquent co‑owner has failed or refused to contribute his proportion of the expenditure, and shall be prima facie evidence of service or publication of the notice, unless the writing or affidavit provided for in section 27‑222 is of record.
Sec. 3. Section 27-222, Arizona Revised Statutes, is amended to read:
27-222. Acknowledgment of contribution by delinquent co‑owner
A. If the delinquent co‑owner, within the time required by the laws of the United States, contributes his proportion of the expenditures, the co‑owner, who demanded contribution shall sign and deliver to the delinquent co‑owner a written statement that the delinquent, naming him, has, within the time required, contributed his share of the expense for the year upon the claim, and further stating the district, county and state wherein the claim is located and the book and page where the location notice is recorded. The statement shall be recorded.
B. If the co‑owner who demanded contribution fails to sign and deliver the statement to the delinquent co‑owner within twenty days after contribution is made, he shall be liable to the delinquent for a penalty of one hundred dollars. The delinquent, with two disinterested persons having personal knowledge of the contribution, may make an affidavit setting forth the manner, amount, to whom and upon what mine MINING CLAIM OR CLAIMS the contribution was made. The affidavit may be recorded, and shall be prima facie evidence of the contribution.
Sec. 4. Section 33-704, Arizona Revised Statutes, is amended to read:
33-704. Performance of assessment work or payment of maintenance fees on mining claim by mortgagee; expense as additional debt secured by mortgage
The mortgagee, if the mortgaged property or part thereof consists of unpatented mining claims, may perform the annual labor or improvement, or pay the maintenance fees required by law to prevent the forfeiture of the claim, and the amount expended for that purpose shall be an additional debt secured by the mortgage, and included in the judgment of foreclosure, or, if expended after judgment, but before sale, added to the amount of the execution.”
Amend title to conform