1-215

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:

(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
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, personnel
who are employed by the state department of corrections and the department of juvenile
corrections 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
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.