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----------------------------------------------------------------------------------- ¦ REFERENCE TITLE: native plant salvage in counties ¦ ----------------------------------------------------------------------------------- ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ House of Representatives ¦ ¦ Forty-fifth Legislature ¦ ¦ Second Regular Session ¦ ¦ 2002 ¦ ¦ ¦ ----------------------------------------------------------------------------------- ¦ HB 2107 ¦ ----------------------------------------------------------------------------------- ¦ Introduced by ¦ ¦ Representatives Huffman, Hershberger, Gullett, O'Halleran, Senators Valadez: Bee ¦ -----------------------------------------------------------------------------------
AN ACT
AMENDING SECTION 3-916, ARIZONA REVISED STATUTES; RELATING TO ARIZONA NATIVE PLANTS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 3-916, Arizona Revised Statutes, is amended to read:
3-916. Salvage of native plants by homeowners' association or other nonprofit organization; definition
A. A homeowners' association or any other community based nonprofit organization
may collect and salvage native plants under this section in an incorporated city or
town without obtaining a permit, tag, seal or receipt or paying a fee otherwise
required by this chapter. Native plants may be obtained under this section only for
noncommercial salvage and only if their existence is threatened by intended destruction,
by their location or by a change in land use.
B. Before collecting any plant under this section, the homeowners' association or nonprofit organization shall submit to the department:
1. A letter of permission from the owner of the property on which the native plants are currently growing authorizing the homeowners' association or nonprofit organization to enter the property and remove the plants.
2. A copy of a resolution adopted by the governing body of the COUNTY, city or town authorizing the homeowners' association or nonprofit organization to collect and salvage native plants pursuant to this section IN THE UNINCORPORATED AREA OF THE COUNTY OR in the city or town, AS APPLICABLE.
3. A written statement from the homeowners' association or nonprofit organization including:
(a) The name of the association or organization.
(b) The name, address and telephone number of a contact person representing the association or organization.
(c) The name, address and telephone number of the owner of the property on which the native plants are currently growing.
(d) The physical location of the property on which the plants are growing.
(e) A signed statement that:
(i) The plants will be transplanted in a common area owned, MANAGED OR LEASED by the homeowners' association or on public property.
(ii) The plants will not be sold, exchanged or otherwise disposed of except as provided by this section.
C. A person who possesses a permit, tags TAG or seals SEAL
issued under this chapter for collection or salvage of native plants has priority over
the homeowners' association or nonprofit organization in obtaining any native plant.
D. The department shall issue a notice to the homeowners' association or nonprofit
organization of any violation of the terms and conditions prescribed by this section or
of any statement submitted to the department under subsection B. In the case of a
second or ANY subsequent violation, the department shall issue a further
ANOTHER notice prohibiting further collection or salvage of plants. The department
shall transmit a copy of each notice to the governing body of the COUNTY, city or
town.
E. For purposes of this section "homeowners' association" means a nonprofit corporation or association that is organized in this state and that meets both of the following requirements:
1. It is established to own, lease or manage common, limited access lots, parcels, areas, grounds or streets of a real estate development in this state.
2. It has the power under its organizing documents to assess and compel association members to pay the expenses incurred in performing the association's obligations.