Sec. 22. Section 21-301, Arizona Revised Statutes, is amended to read:
A. Names of prospective jurors to serve on trial and grand juries shall be selected at random from the master jury list of the county.
B. The jury commissioner of each county shall prepare and maintain a current master jury list of eligible juror candidates. The list shall be comprised of the names and addresses of eligible persons who reside in the county and shall include persons on the voter registration list of the county, other persons eligible for jury service who have been licensed pursuant to title 28, chapter 8, article 4 or 5 and persons from other lists as determined by the supreme court. The master jury list shall be prepared so as to avoid duplication of the names of eligible juror candidates.
C. Not later than January 1 following each biennial general election, the county recorder shall provide the jury commissioner with a list containing the names and addresses of all persons qualified to vote at the preceding general election. At least once every six months thereafter the county recorder shall provide the jury commissioner with the names and addresses of all additional persons who have registered as voters since the date of the last list.
D. Upon written request by a county jury commissioner, the director
of the department of
E. In any county in which the selection and drawing of jurors are performed by data processing equipment, the names contained in the master jury list shall be maintained in a uniform format.
Sec. 23. Section 25-320.01, Arizona Revised Statutes, is amended to read:
A. If the court finds from the evidence presented at a hearing to
enforce a child support order that the obligor has wilfully failed to pay
support and continues to wilfully fail to pay child support and is at least
two months in arrears, the court shall send a certificate of noncompliance
to the department of
B. The court shall hold a review hearing not more than one hundred
twenty days after it issues the certificate to the department of
C. A non-IV-D obligee may petition the court for an order to suspend the driver license of a person who is at least two months in arrears on a child support obligation if the non-IV-D obligee complies with the notice requirements of this section. The court may act on this petition in the same manner it acts on other petitions filed under this section.
D. The non-IV-D obligee shall provide notice to the obligor. The notice shall contain the following:
1. A statement that the obligee is entitled to receive child support payments and the monthly amount.
2. A statement that the obligor is in arrears in making child support payments and the amount of the arrearage.
3. A statement that the obligee intends to petition the court for a driver license suspension hearing.
4. A statement that the driver license of the obligor may be suspended if the court finds that the obligor has wilfully failed to pay child support, continues to wilfully fail to pay child support, and is at least two months in arrears.
E. The obligee shall attach a copy of the order of support to the notice. The obligee shall serve the notice by first class mail.
Sec. 24. Section 26-153, Arizona Revised Statutes, is amended to read:
A. A morale, welfare and recreational fund is established as a state fund for morale, welfare and recreational activities and support personnel for the national guard. Support personnel shall be employees of the fund and not of this state. The adjutant general shall administer the fund pursuant to regulations of the general staff, subject to approval of the governor. Monies shall be transmitted to the state treasurer for deposit in the fund from the following sources:
1. Monies transmitted to the state treasurer by the director of the
department of
2. Monies transmitted to the state treasurer pursuant to section 26-102, subsection B, paragraph 8 or monies generated from recycling activities consistent with federal recycling policies.
3. Any other nonappropriated monies received by the national guard from state and federal revenue producing military activities relating to morale, welfare and recreation.
B. Monies in the fund are from nonappropriated sources, are not subject to legislative appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The adjutant general may establish bank accounts for monies withdrawn from the fund to administer the operations of the morale, welfare and recreational programs.
C. On notice from the adjutant general, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
D. Expenditures of monies in the fund are subject to general staff regulations and are exempt from the procurement code requirements of title 41, chapter 23.
Sec. 25. Section 28-101, Arizona Revised Statutes, is amended to read:
In this title, unless the context otherwise requires:
1. "Alcohol" means any substance containing any form of alcohol, including ethanol, methanol, propynol and isopropynol.
2. "Alcohol concentration" if expressed as a percentage means either:
(a) The number of grams of alcohol per one hundred milliliters of blood.
(b) The number of grams of alcohol per two hundred ten liters of breath.
3. "Authorized emergency vehicle" means any of the following:
(a) A fire department vehicle.
(b) A police vehicle.
(c) An ambulance or emergency vehicle of a municipal department or public service corporation that is designated or authorized by the department or a local authority.
(d) Any other ambulance, fire truck or rescue vehicle that is authorized by the department in its sole discretion and that meets liability insurance requirements prescribed by the department.
4. "Aviation fuel" means all flammable liquids composed of a mixture of selected hydrocarbons expressly manufactured and blended for the purpose of effectively and efficiently operating an internal combustion engine for use in an aircraft but does not include fuel for jet or turbine powered aircraft.
5. "Bicycle" means a device, including a racing wheelchair, that is propelled by human power and on which a person may ride and that has either:
(a) Two tandem wheels, either of which is more than sixteen inches in diameter.
(b) Three wheels in contact with the ground, any of which is more than sixteen inches in diameter.
6. "Board" means the transportation board.
7. "Bus" means a motor vehicle designed for carrying sixteen or more passengers, including the driver.
8. "Business district" means the territory contiguous to and including a highway if there are buildings in use for business or industrial purposes within any six hundred feet along the highway, including hotels, banks or office buildings, railroad stations and public buildings that occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway.
9. "Combination of vehicles" means a truck or truck tractor and semitrailer and any trailer that it tows but does not include a forklift designed for the purpose of loading or unloading the truck, trailer or semitrailer.
10. "Controlled substance" means a substance so classified under section 102(6) of the controlled substances act (21 United States Code section 802(6)) and includes all substances listed in schedules I through V of 21 Code of Federal Regulations part 1308.
11. "Conviction" means:
(a) An unvacated adjudication of guilt or a determination that a person violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal.
(b) An unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court.
(c) A plea of guilty or no contest accepted by the court.
(d) The payment of a fine or court costs.
12. "County highway" means a public road constructed and maintained by a county.
13. "Dealer" means a person who is engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers and who has an established place of business.
14. "Department" means
(a)
(b)
15. "Director" means
(a)
(b)
16. "Drive" means to operate or be in actual physical control of a motor vehicle.
17. "Driver" means a person who drives or is in actual physical control of a vehicle.
18. "Driver license" means a license that is issued by a state to an individual and that authorizes the individual to drive a motor vehicle.
19. "Farm tractor" means a motor vehicle designed and used primarily as a farm implement for drawing implements of husbandry.
20. "Foreign vehicle" means a motor vehicle, trailer or semitrailer that is brought into this state other than in the ordinary course of business by or through a manufacturer or dealer and that has not been registered in this state.
21. "Golf cart" means a motor vehicle that has not less than three wheels in contact with the ground, that has an unladen weight of less than one thousand eight hundred pounds, that is designed to be and is operated at not more than twenty-five miles per hour and that is designed to carry not more than four persons including the driver.
22. "Hazardous material" means a material, and its mixtures or solutions, that the United States department of transportation determines under 49 Code of Federal Regulations is capable of posing an unreasonable risk to health, safety and property if transported in commerce and that is required to be placarded or marked as required by the department's safety rules prescribed pursuant to chapter 14 of this title.
23. "Implement of husbandry" means a vehicle designed primarily for agricultural purposes and used exclusively in the conduct of agricultural operations, including an implement or vehicle whether self-propelled or otherwise that meets all of the following conditions:
(a) Is used exclusively for carrying products of farming from one part of a farm to another part of the same farm or from one farm to another farm.
(b) Is used solely for agricultural purposes including the preparation or harvesting of cotton, alfalfa, grains and other farm crops.
(c) Is only incidentally operated or moved on a highway whether as a trailer or self-propelled unit.
24. "Local authority" means any county, municipal or other local board or body exercising jurisdiction over highways under the constitution and laws of this state.
25. "Manufacturer" means a person engaged in the business of manufacturing motor vehicles, trailers or semitrailers.
26. "Moped" means a bicycle that is equipped with a helper motor if the vehicle has a maximum piston displacement of fifty cubic centimeters or less, a brake horsepower of one and one-half or less and a maximum speed of twenty-five miles per hour or less on a flat surface with less than a one per cent grade.
27. "Motor driven cycle" means a motorcycle, including every motor scooter, with a motor that produces not more than five horsepower.
28. "Motor vehicle":
(a) Means either:
(i) A self-propelled vehicle.
(ii) For the purposes of the laws relating to the imposition of a tax on motor vehicle fuel, a vehicle that is operated on the highways of this state and that is propelled by the use of motor vehicle fuel.
(b) Does not include a motorized wheelchair or a motorized skateboard. For the purposes of this subdivision:
(i) "Motorized wheelchair" means a self-propelled wheelchair that is used by a person for mobility.
(ii) "Motorized skateboard" means a self-propelled device that has a motor, a deck on which a person may ride and at least two tandem wheels in contact with the ground.
29. "Motor vehicle fuel" includes all products that are commonly or commercially known or sold as gasoline, including casinghead gasoline, natural gasoline and all flammable liquids, and that are composed of a mixture of selected hydrocarbons expressly manufactured and blended for the purpose of effectively and efficiently operating internal combustion engines. Motor vehicle fuel does not include use fuel as defined in section 28-5701, aviation fuel, fuel for jet or turbine powered aircraft or the mixture created at the interface of two different substances being transported through a pipeline, commonly known as transmix.
30. "Motorcycle" means a motor vehicle that has a seat or saddle for the use of the rider and that is designed to travel on not more than three wheels in contact with the ground but excluding a tractor and a moped.
31. "Neighborhood electric vehicle" means a self-propelled electrically powered motor vehicle to which all of the following apply:
(a) The vehicle is emission free.
(b) The vehicle is designed to carry four or fewer persons.
(c) The vehicle is designed to be and is operated at speeds of twenty-five miles per hour or less.
(d) The vehicle has at least four wheels in contact with the ground.
(e) The vehicle has an unladen weight of less than one thousand eight hundred pounds.
32. "Nonresident" means a person who is not a resident of this state as defined in section 28-2001.
33. "Off-road recreational motor vehicle" means a motor vehicle designed primarily for recreational nonhighway all-terrain travel. Off-road recreational motor vehicle does not mean a motor vehicle used for construction, building trade, mining or agricultural purposes.
34. "Operator" means a person who drives a motor vehicle on a highway, who is in actual physical control of a motor vehicle on a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.
35. "Owner" means:
(a) A person who holds the legal title of a vehicle.
(b) If a vehicle is the subject of an agreement for the conditional sale or lease with the right of purchase on performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, the conditional vendee or lessee.
(c) If a mortgagor of a vehicle is entitled to possession of the vehicle, the mortgagor.
36. "Pedestrian" means any person afoot. A person who uses a manual or motorized wheelchair is considered a pedestrian unless the manual wheelchair qualifies as a bicycle. For the purposes of this paragraph, "motorized wheelchair" means a self-propelled wheelchair that is used by a person for mobility.
37. "Power sweeper" means an implement, with or without motive power, that is only incidentally operated or moved on a street or highway and that is designed for the removal of debris, dirt, gravel, litter or sand whether by broom, vacuum or regenerative air system from asphaltic concrete or cement concrete surfaces, including parking lots, highways, streets and warehouses, and a vehicle on which the implement is permanently mounted.
38. "Public transit" means the transportation of passengers on scheduled routes by means of a conveyance on an individual passenger fare-paying basis excluding transportation by a sight-seeing bus, school bus or taxi or a vehicle not operated on a scheduled route basis.
39. "Reconstructed vehicle" means a vehicle that has been assembled or constructed largely by means of essential parts, new or used, derived from vehicles or makes of vehicles of various names, models and types or that, if originally otherwise constructed, has been materially altered by the removal of essential parts or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles. For the purposes of this paragraph, "essential parts" means integral and body parts, the removal, alteration or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle.
40. "Residence district" means the territory contiguous to and including a highway not comprising a business district if the property on the highway for a distance of three hundred feet or more is in the main improved with residences or residences and buildings in use for business.
41. "Right-of-way" when used within the context of the regulation of the movement of traffic on a highway means the privilege of the immediate use of the highway. Right-of-way when used within the context of the real property on which transportation facilities and appurtenances to the facilities are constructed or maintained means the lands or interest in lands within the right-of-way boundaries.
42. "School bus" means a motor vehicle that is designed for carrying more than ten passengers and that is either:
(a) Owned by any public or governmental agency or other institution and operated for the transportation of children to or from home or school on a regularly scheduled basis.
(b) Privately owned and operated for compensation for the transportation of children to or from home or school on a regularly scheduled basis.
43. "Semitrailer" means a vehicle that is with or without motive power, other than a pole trailer, that is designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. For the purposes of this paragraph, "pole trailer" has the same meaning prescribed in section 28-601.
44. "State" means a state of the United States and the District of Columbia.
45. "State highway" means a state route or portion of a state route that is accepted and designated by the board as a state highway and that is maintained by the state.
46. "State route" means a right-of-way whether actually used as a highway or not that is designated by the board as a location for the construction of a state highway.
47. "Street" or "highway" means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel.
48. "Trailer" means a vehicle that is with or without motive power, other than a pole trailer, that is designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed so that no part of its weight rests on the towing vehicle. A semitrailer equipped with an auxiliary front axle commonly known as a dolly is deemed to be a trailer. For the purposes of this paragraph, "pole trailer" has the same meaning prescribed in section 28-601.
49. "Truck" means a motor vehicle designed or used primarily for the carrying of property other than the effects of the driver or passengers and includes a motor vehicle to which has been added a box, a platform or other equipment for such carrying.
50. "Truck tractor" means a motor vehicle that is designed and used primarily for drawing other vehicles and that is not constructed to carry a load other than a part of the weight of the vehicle and load drawn.
51. "Vehicle" means a device in, on or by which a person or property is or may be transported or drawn on a public highway, excluding devices moved by human power or used exclusively on stationary rails or tracks.
52. "Vehicle transporter" means either:
(a) A truck tractor capable of carrying a load and drawing a semitrailer.
(b) A truck tractor with a stinger-steered fifth wheel capable of carrying a load and drawing a semitrailer or a truck tractor with a dolly mounted fifth wheel that is securely fastened to the truck tractor at two or more points and that is capable of carrying a load and drawing a semitrailer.
Sec. 26. Section 28-332, Arizona Revised Statutes, is amended to read:
A. The exclusive control and jurisdiction over state highways, state routes, state owned airports and all state owned transportation systems or modes are vested in the department of transportation.
B. The department shall:
1. Register
2. Do multi-modal state transportation planning, cooperate and coordinate transportation planning with local governments and establish an annually updated priority program of capital improvements for all transportation modes.
3. Design and construct transportation facilities in accordance with a priority plan and maintain and operate state highways, state owned airports and state public transportation systems.
4. Investigate new transportation systems and cooperate with and advise local governments concerning the development and operation of public transit systems.
5. Have administrative jurisdiction of transportation safety programs and implement them in accordance with applicable law.
C. In order to carry out the responsibilities enumerated in subsection B, the department is organized into the following divisions:
Sec. 27.
Sections
Sec. 28.
Sections 28-408, 28-409 and 28-410, Arizona Revised Statutes, are renumbered as sections 28-402, 28-403 and 28-404, respectively.
Sec. 29. Section 28-404, Arizona Revised Statutes, as renumbered by this act, is amended to read:
A. The director may enter into agreements on behalf of this state with
private entities for the distribution, licensing, leasing or sale of computer
software developed by the department
B. The department may distribute, license, lease or sell computer
software developed by the department to private entities, other agencies or
political subdivisions of this state
C. The department may enter into agreements with other agencies and political subdivisions in this state for the maintenance and support of computer software acquired by an agency or political subdivision pursuant to subsection B of this section.
D. The director shall transmit monies generated pursuant to this section to the state treasurer for deposit in the state highway fund established by section 28-6991.
Sec. 30.
Title 28, chapter 2, article 5, Arizona Revised Statutes, is repealed.
Sec. 31.
Title 28, chapter 2, article 6, Arizona Revised Statutes, is transferred and renumbered for placement in title 28, chapter 26, Arizona Revised Statutes, as added by this act, as article 5. The transferred sections 28-481 through 28-490, Arizona Revised Statutes, previously included in title 28, chapter 2, article 6, Arizona Revised Statutes, are renumbered for placement in title 28, chapter 26, article 5, Arizona Revised Statutes, as sections 28-9221 through 28-9230, respectively.
Sec. 32. Section 28-601, Arizona Revised Statutes, is amended to read:
In this chapter, unless the context otherwise requires:
1. "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle either:
(a) Has a gross combined weight rating of twenty-six thousand one or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds.
(b) Has a gross vehicle weight rating of twenty-six thousand one or more pounds.
(c) Is a school bus.
(d) Is a bus.
(e) Is used in the transportation of materials found to be hazardous
for the purposes of the hazardous materials transportation act (49 United
States Code sections 5101 through 5127) and is required to be placarded under
49 Code of Federal Regulations section 172.504, as adopted by the department
2. "Controlled access highway" means a highway, street or roadway to or from which owners or occupants of abutting lands and other persons have no legal right of access except at such points only and in the manner determined by the public authority that has jurisdiction over the highway, street or roadway.
3. "Crosswalk" means:
(a) That part of a roadway at an intersection included within the prolongations or connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in absence of curbs, from the edges of the traversable roadway.
(b) Any portion of a roadway at an intersection or elsewhere that is distinctly indicated for pedestrian crossing by lines or other markings on the surface.
4. "Explosives" means any chemical compound, mixture or device that is commonly used or intended for the purpose of producing an explosion and that is defined in 49 Code of Federal Regulations part 173.
5. "Flammable liquid" means any liquid that has a flash point of less than one hundred degrees Fahrenheit and that is defined in 49 Code of Federal Regulations section 173.120.
6. "Gross weight" means the weight of a vehicle without a load plus the weight of any load on the vehicle.
7. "Intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or if none, the lateral boundary lines of the roadways of two highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling on different highways joining at any other angle may come in conflict. If a highway includes two roadways thirty or more feet apart, each crossing of each roadway of the divided highway by an intersecting highway is a separate intersection. If the intersecting highway also includes two roadways thirty or more feet apart, each crossing of two roadways of the highways is a separate intersection.
8. "License" means any license, temporary instruction permit or temporary license issued under the laws of this state or any other state that pertain to the licensing of persons to operate motor vehicles.
9. "Motorized wheelchair" means any self-propelled wheelchair that is used by a person for mobility.
10. "Official traffic control device" means any sign, signal, marking or device that is not inconsistent with this chapter and that is placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.
11. "Park", if prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.
12. "Pneumatic tire" means a tire in which compressed air is designed to support the load.
13. "Pole trailer" means a vehicle that is all of the following:
(a) Without motive power.
(b) Designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle.
(c) Used ordinarily for transporting long or irregularly shaped loads such as poles, pipes or structural members capable generally of sustaining themselves as beams between the supporting connections.
14. "Police officer" means an officer authorized to direct or regulate traffic or make arrests for violations of traffic rules or other offenses.
15. "Private road or driveway" means a way or place that is in private ownership and that is used for vehicular travel by the owner and those persons who have express or implied permission from the owner but not by other persons.
16. "Railroad" means a carrier of persons or property on cars operated on stationary rails.
17. "Railroad sign or signal" means a sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
18. "Railroad train" means a steam engine or any electric or other motor that is with or without cars coupled to the steam engine or electric or other motor and that is operated on rails.
19. "Roadway" means that portion of a highway that is improved,
designed or ordinarily used for vehicular travel, exclusive of the berm or
shoulder. If a highway includes two or more separate roadways, roadway
refers to any such roadway separately but not to all such roadways
collectively.
20. "Safety zone" means the area or space that is both:
(a) Officially set apart within a roadway for the exclusive use of
pedestrians.
(b) Protected or either marked or indicated by adequate signs as to
be plainly visible at all times while set apart as a safety zone.
21. "Sidewalk" means that portion of a street that is between the curb
lines or the lateral lines of a roadway and the adjacent property lines and
that is intended for the use of pedestrians.
22. "Solid tire" means a tire that both:
(a) Is made of rubber or other resilient material.
(b) Does not depend on compressed air for the support of the load.
23. "Stop", if required, means complete cessation from movement.
24. "Stop, stopping or standing", if prohibited, means any stopping or
standing of an occupied or unoccupied vehicle, except when necessary to avoid
conflict with other traffic or in compliance with directions of a police
officer or traffic control sign or signal.
25. "Through highway" means a highway or portion of a highway at the
entrances to which vehicular traffic from intersecting highways is required
by law to stop before entering or crossing and when stop signs are erected
as provided in this chapter.
26. "Traffic" means pedestrians, ridden or herded animals, vehicles and
other conveyances either singly or together while using a highway for
purposes of travel.
27. "Traffic control signal" means a device, whether manually,
electrically or mechanically operated, by which traffic is alternately
directed to stop and to proceed.
28. "Truck" means a motor vehicle that is designed, used or maintained
primarily for the transportation of property.
Sec. 33. Section 28-702.01, Arizona Revised Statutes, is amended to
read:
A. Notwithstanding any other higher maximum speed limit previously
established pursuant to any other provision of law, a maximum speed limit on
any public highway in this state shall not exceed fifty-five miles per hour.
This subsection does not alter an existing maximum speed limit that is less
than fifty-five miles per hour and does not prevent the appropriate
jurisdiction from establishing, altering or lowering a maximum speed limit
that is less than fifty-five miles per hour within its respective
jurisdiction.
B. The speed limit for all types of motor vehicles is fifty-five miles
per hour on any portion of any public highway that both:
1. Has four or more traffic lanes, the opposing lanes of which are
physically separated other than by striping.
2. Had a speed limit for all types of motor vehicles of fifty-five
miles per hour or more on November 1, 1973.
C. The director may order the increase of the maximum speed limit
prescribed in subsection B of this section to seventy-five miles per hour on
an individual highway or on all highways in this state if the governor
declares by proclamation that an emergency does not exist and that the
receipt of federal highway monies would not be withheld.
D. A person shall not drive a motor vehicle at a speed in excess of
fifty-five miles per hour or in excess of a higher maximum speed if changed
pursuant to subsection C of this section.
E. If a person is found responsible for violating subsection D of this
section and the speed at which the defendant is alleged to have driven as
provided in section 28-707, subsection A is sixty-five miles per hour or
less, or if the court finds that the defendant violated subsection D of this
section and that the speed at which the defendant drove was not in excess of
sixty-five miles per hour, the offense is designated as the waste of a finite
resource currently in short supply and is a civil traffic violation.
F. If a person is charged with violating and the court finds that the
person violated subsection D of this section and if the speed at which the
defendant is alleged to have driven as provided in section 28-707, subsection
A is more than sixty-five miles per hour, the offense is designated as an
unlawful speed and is a civil traffic violation.
G. If a person is found responsible for a civil traffic violation
pursuant to subsection E of this section:
1. A department or agency of this state shall not consider the
violation for the purpose of determining whether the person's driver license
should be suspended or revoked and a court shall not transmit abstracts of
records of conviction for the violation to the department
2. An insurer shall not consider the violation as a moving traffic
violation against the person for the purpose of establishing rates of motor
vehicle insurance charged by the insurer and shall not cancel or refuse to
renew a policy of insurance because of the violation.
3. The civil penalty shall not exceed fifteen dollars plus the penalty
assessments imposed pursuant to sections 12-116.01 and 12-116.02.
4. A report shall not be made under section 28-1559, subsection B.
H. This section does not apply to an interstate system highway located
outside of an urbanized area, as defined in section 28-702.04, with a
population of fifty thousand or more persons.
Sec. 34. Section 28-857.01, Arizona Revised Statutes, is amended to
read:
A. The operator of a school bus who observes a violation of section
28-857, subsection A may prepare a signed written report that indicates that
a violation occurred. The report shall include:
1. The date, time and approximate location of the violation.
2. The number and state of issuance of the license plate on the
vehicle involved in the violation.
3. Identification of the vehicle as an automobile, a station wagon,
a truck, a bus, a motorcycle or any other type of vehicle.
4. The color of the vehicle involved in the violation.
B. Within two days after the violation occurs, excluding weekends and
holidays, the school bus operator shall send a copy of the report to the
director
1. A notification containing the information included in the bus
operator's report and stating that a vehicle registered in the vehicle
owner's name was observed passing a school bus loading and unloading
children.
2. A complete explanation of the provisions of section 28-857.
3. An explanation that the notification letter is not a police
citation but is an effort to call attention to the seriousness of the
incident.
Sec. 35. Section 28-909, Arizona Revised Statutes, is amended to read:
A. Each front seat occupant of a motor vehicle that is designed for
carrying ten or fewer passengers, that is manufactured for the model year
1972 and thereafter and that is required to be equipped with an integrated
lap and shoulder belt or a lap belt pursuant to the federal motor vehicle
safety standards prescribed in 49 Code of Federal Regulations section 571.208
shall either:
1. Have the lap and shoulder belt properly adjusted and fastened while
the vehicle is in motion.
2. If only a lap belt is installed where the occupant is sitting,
have the lap belt properly adjusted and fastened while the vehicle is in
motion.
B. The operator of a motor vehicle that is subject to the requirements
of this section shall require each front seat passenger under sixteen years
of age to comply with this section.
C. A peace officer shall not stop or issue a citation to a person
operating a motor vehicle on a highway in this state for a violation of this section unless the peace officer has reasonable cause to believe there is
another alleged violation of a motor vehicle law of this state.
D. If a person is found responsible for a civil traffic violation
under this section, a department or agency of this state shall not consider
the violation for the purpose of determining whether the person's driver
license should be suspended or revoked. A court shall not transmit abstracts
of records of violations of this section to the department
E. An insurer shall not consider a civil traffic violation under this
section as a traffic violation against the person for the purposes of
establishing rates for motor vehicle liability insurance or determining the
insurability of the person. An insurer shall not cancel or refuse to renew
any policy of insurance because of the violation.
F. This section does not apply to:
1. A child subject to the requirements of section 28-907.
2. A person possessing a written statement from a physician that the
person is unable for medical or psychological reasons to wear a lap and
shoulder belt or a lap belt.
3. A letter carrier of the United States postal service while the
letter carrier is performing the letter carrier's duties.
G. If a person is found responsible for a civil traffic violation
under this section, the person is subject to a maximum civil penalty of ten
dollars for each violation.
H. The driver of a motor vehicle found responsible for a civil traffic
violation of subsection B of this section is subject to a maximum civil
penalty of ten dollars for each violation.
Sec. 36. Section 28-1109, Arizona Revised Statutes, is amended to
read:
A. The motor vehicle towing advisory council is established consisting
of the following thirteen members:
1. The director of the department of public safety or the director's
designee.
2. The director of the department of
3. Three members of the public who do not have a financial interest
in any towing business and who are appointed by the governor.
4. Six members who are registered with the department of public safety
to operate a towing and storage business in this state and who are appointed
by the governor. Under this paragraph, the governor shall not appoint more
than two persons from the same towing and storage organization or association
to serve as members concurrently or more than two persons from any one county
to serve as members concurrently. The members representing the towing and
storage businesses shall be appointed as follows:
(a) Two members who represent the interest and concerns of towing
businesses that operate at least one but not more than five articles of
towing equipment.
(b) Two members who represent the interest and concerns of towing
businesses that operate at least six but not more than twelve articles of
towing equipment.
(c) Two members who represent the interest and concerns of towing
businesses that operate more than twelve articles of towing equipment.
5. One member who represents a law enforcement agency of an
incorporated city or town, who has experience in dealing with towing and
storage services and who is appointed by the governor. This member shall
represent a law enforcement agency of an incorporated city or town that is
not located in the same county that is represented by the member appointed
pursuant to paragraph 6 of this subsection.
6. One member who represents a law enforcement agency of a county, who
has experience in dealing with towing and storage services and who is
appointed by the governor.
B. The members appointed pursuant to subsection A, paragraphs 3
through 6 serve staggered terms of three years unless a member vacates the
position. Appointment to fill a vacancy resulting other than from expiration
of a term is for the unexpired term only.
C. The advisory council shall:
1. Meet at least four times in each calendar year.
2. Select from its members a person to serve as chairman.
3. Advise and assist the department of public safety concerning
matters related to rules governing the design and operation of all tow trucks
in this state.
4. Advise and assist the department of public safety in resolving
complaints from consumers and tow truck operators. The department of public
safety shall provide quarterly to the advisory council information related
to the complaints including the number, nature and disposition of the
complaints.
5. Establish a mailing list that includes any person who expresses
interest in the advisory council's activities. The advisory council shall
provide the list to the department of public safety, and the department of
public safety shall send notice by first class mail to each person on the
list at least fifteen days before the date on which a meeting of the advisory
council is scheduled to be held.
6. Submit a report with its findings and recommendations on or before
December 1 of each year to the governor, the president of the senate and the
speaker of the house of representatives.
D. The department of public safety shall provide staff to support the
towing advisory council.
E. Members of the advisory council are not eligible to receive
compensation or reimbursement for expenses.
Sec. 37. Section 28-1143, Arizona Revised Statutes, is amended to
read:
A. The department shall collect the following fees:
1. One hundred fifty dollars for each thirty day oversize only
envelope permit.
2. Five hundred dollars for a thirty day oversize and overweight
envelope permit.
3. Seven hundred fifty dollars for an annual oversize only envelope
permit.
4. One thousand five hundred dollars for an annual oversize and
overweight envelope permit.
5. Fifty dollars for each power unit that is added and that exceeds
the original number of units on the envelope permit as issued.
6. Twenty-five dollars for reissuing an envelope permit to reflect a
change in the envelope permit holder's name, address or substitute power
units if the reissued permit does not contain a change in the number of power
units or the date of expiration.
B. The director shall transmit
Sec. 38. Section 28-1632, Arizona Revised Statutes, is amended to
read:
A. On proper notification by a court or political subdivision pursuant
to section 28-1633, the department shall refuse to renew the registration of
a vehicle if either:
1. The registered owner of a vehicle is delinquent in paying a fine
or penalty for a civil or criminal traffic violation and the combined amount
of the delinquency exceeds two hundred dollars.
2. The registered owner fails to appear in a criminal traffic case.
B. The court or political subdivision shall make at least two attempts
to collect the monies owed by an individual or organization before notifying
the department to refuse to renew the vehicle registration of the registered
owner.
C. The department may charge a court or political subdivision that
chooses to participate in this program a fee that is payable to the
department by the court or political subdivision to cover the costs of
processing the documents to notify the registered owner that the owner's vehicle registration will not be renewed. The department shall transmit
these fees to the state treasurer for deposit in the
D. The fees charged by the department to the courts or political
subdivisions of this state for processing the documents to notify the
registered owner that it is not renewing a person's vehicle registration
shall be paid at the same time as the registered owner's outstanding fine or
penalty or as part of the penalty for the failure to appear offense for which
the vehicle registration was not renewed.
E. This article does not prohibit the department from imposing and
collecting additional fees authorized by law.
Sec. 39. Section 28-2004, Arizona Revised Statutes, is amended to
read:
Except as otherwise provided by statute, the officer collecting the
fees and taxes provided in this chapter shall immediately transfer them to
the director. The director shall transfer the monies to the state treasurer.
The state treasurer shall credit the monies immediately to the
Sec. 40.
Section
Sec. 41. Section 28-2056, Arizona Revised Statutes, is amended to
read:
A. The registering officer shall collect the use tax imposed under
title 42, chapter 8, article 2 at the time of application for a transfer of
title or registration of a vehicle. The registering officer shall issue a
receipt, in a form prescribed by the department, for the amount of tax paid.
The registering officer shall not process an application for transfer of
title or registration of any vehicle on which the use tax is imposed under
title 42, chapter 8, article 2 until the tax is paid.
B. The department of
Sec. 42. Section 28-2151, Arizona Revised Statutes, is amended to
read:
A. The assessor of any county or the director acting as the
registering agent may establish a procedure for mailing registration
applications and license plates or license tabs to applicants.
B. For purposes of paying postage incurred under this section, the
assessor or director may establish a postage fund and charge the estimated
postage incurred under this section to an applicant who registers by mail.
The assessor or director shall not charge postage to an applicant who does
not register by mail. The assessor shall transfer monies in the assessor's
postage fund annually and shall use the monies as provided in section
28-2005. The director may transfer monies in the director's postage fund
annually and use the monies as provided in section
Sec. 43. Section 28-2155, Arizona Revised Statutes, is amended to
read:
A. The department may issue a one trip registration permit that allows
a person to operate an unregistered vehicle from a specified origin to a
specified destination.
B. The one trip registration permit is valid only for the following
purposes:
1. Vehicle emissions inspection.
2. Registration or titling.
3. Vehicle inspection by the registering officer.
4. Vehicle repair to comply with an emissions inspection or inspection
by the registering officer.
C. A person operating a vehicle with a one trip registration permit
shall comply with the mandatory motor vehicle insurance requirements of this
state prescribed in chapter 9 of this title.
D. Issuance of a one trip registration permit is prima facie evidence
that the vehicle will be used on the highway and that the waiver of the
penalty provided by section 28-2162 is not applicable.
E. The department shall prescribe the content and form of the one trip
registration permit. The owner or operator of the vehicle shall display the
one trip registration permit so that it is clearly visible from outside the
vehicle.
F. The registering officer shall not issue more than three one trip
registration permits for a vehicle in a twelve month period. The registering
officer shall issue a one trip registration permit for not more than three
days, excluding weekends and holidays.
G. The fee for the one trip registration permit is prescribed in
section 28-2003. The department shall deposit the fee in the county
assessor's special registration fund established by section 28-2005 if the
assessor is the registering officer or in the
Sec. 44. Section 28-2156, Arizona Revised Statutes, is amended to
read:
A. In lieu of permanent registration, the department may issue a
temporary general use registration that allows a person to operate a vehicle
for no more than thirty days.
B. The director may authorize issuance of this temporary registration
if the person does not qualify for registration under section 28-2154 or
28-2292 or article 10 of this chapter.
C. A person operating a vehicle with a temporary general use
registration shall comply with the mandatory motor vehicle insurance
requirements of this state prescribed in chapter 9, article 4 of this title.
D. The department shall prescribe the content and form of the
temporary general use registration application. The owner or operator of the
vehicle shall display the temporary general use registration so that it is
clearly visible from outside the vehicle.
E. The registering officer shall not issue more than one temporary
general use registration for a vehicle in a twelve month period.
F. At the time of application for a temporary general use
registration, the applicant shall submit for inspection proper evidence of
ownership or authorized possession of the vehicle.
G. The fee for the temporary general use registration is as prescribed
in section 28-2003. The registering officer shall deposit one dollar of the
fee in the county assessor's special registration fund established by section
28-2005 if the assessor is the registering officer or in the
Sec. 45. Section 28-2166, Arizona Revised Statutes, is amended to
read:
A. The department of
1. The owner has procured public liability insurance with an insurance
company approved by the department of insurance.
2. The owner has furnished to the department of
B. The policy of insurance required by subsection A shall:
1. Insure the renter against:
(a) Liability arising from the renter's negligence in the operation
of the rented motor vehicle in an amount of at least fifteen thousand dollars
for any one person injured or killed and thirty thousand dollars for any
number more than one injured or killed in any one accident.
(b) Liability of the renter for property damage in the amount of at
least ten thousand dollars for any one accident.
2. Cover the liability of the renter to a passenger in the rented
motor vehicle unless the owner gives the renter a written notice that the
policy does not cover the liability.
C. The public liability insurance or the obligation of a self-insured
owner pursuant to this section is primary coverage to any other available
insurance coverage for any damages and injury caused by a renter.
D. The owner regulated by this section:
1. Is not an insurer and has no obligation to provide a defense after
the owner has tendered its limits to either the insured party or the next
available coverage for a renter in a situation if a renter has caused
property damage or personal injuries. The obligation of any other insurance
company to provide a defense if a renter is alleged to have caused property
damages or personal injuries shall be determined in accordance with the
specific provisions of the applicable policy.
2. In any situation in which damages or injuries are caused by a
person who is operating a motor vehicle and who is not authorized by the
written rental agreement to do so, has a right of subrogation against the
person who rented the motor vehicle for damages that are caused to the owner
and that arose out of the unauthorized operation of the owner's motor
vehicle.
3. Except as provided in paragraph 2 of this subsection, has no other
right of subrogation against the person who rented the motor vehicle.
E. The department of
F. The owner of a motor vehicle who rents it to another without a
driver, other than as a bona fide transaction involving the sale of the motor
vehicle, without having procured the required public liability insurance or
without qualifying as a self-insurer pursuant to section 28-4007 with at
least the minimum limits prescribed in subsection A of this section is
jointly and severally liable with the renter for damage caused by the
negligence of the renter operating the motor vehicle.
G. The owner of a motor vehicle who rents a motor vehicle without a
driver, other than as a bona fide transaction involving the sale of the motor
vehicle, without first complying with this section is guilty of a class 2
misdemeanor.
H. As used in this section, owner engaged in the business of renting
or who intends to rent a motor vehicle without a driver does not include a
person who operates a golf course that rents golf carts that are intended to
be used primarily for playing a round of golf and that are only incidentally
operated or moved on a highway.
I. As used in this section, "renter" includes any person operating a
motor vehicle with permission of the person who has rented it.
Sec. 46. Section 28-2202, Arizona Revised Statutes, is amended to
read:
A. In lieu of the staggered vehicle registration requirements of
section 28-2159, a person may register a fleet on an annual basis so that the
registration for all vehicles in the fleet expires in the same month.
B. The director shall approve the request for fleet registration if
the applicant, at least thirty days before the registration date:
1. Provides an application containing information necessary for
qualification as a fleet registrant.
2. Provides a list of all vehicles to be included in the fleet.
3. Pays a one time filing fee of one hundred dollars that the director
shall transmit to the state treasurer for deposit in the
Sec. 47. Section 28-2206, Arizona Revised Statutes, is amended to
read:
A. If a vehicle is added to the fleet during the registration year,
the director shall discount all fees required for registration as prescribed
by law.
B. In addition to all registration fees, the registrant shall pay a
two dollar identification fee for each vehicle added to the fleet. The
director shall transmit the identification fee to the state treasurer for
deposit in the
Sec. 48. Section 28-2269, Arizona Revised Statutes, is amended to
read:
A. Notwithstanding section 28-2263, beginning no later than January
1, 1998 a registrant may transfer license plates issued pursuant to this
article to another vehicle registered in the registrant's name if the vehicle
requires license plates of the same format and if all of the following
conditions are met:
1. The registrant makes proper application to the director, the
director's agent pursuant to section 28-2002 or a third party authorized
pursuant to chapter 13, article 1 of this title.
2. The registrant pays any fees and taxes required to register the
vehicle less any amount credited pursuant to subsection C of this section.
B. If the other vehicle requires license plates of a different format
than the license plates that the registrant wishes to transfer, the
registrant shall either surrender the license plates to the department or an
authorized third party or submit an affidavit of license plate destruction
as prescribed by the director. On surrender of the license plates or
submission of an affidavit of license plate destruction, the department shall
furnish new license plates of the proper format to the registrant under the
same conditions set forth in subsection A of this section.
C. A registrant who transfers license plates pursuant to subsection
A of this section or who surrenders license plates or submits an affidavit
of license plate destruction pursuant to subsection B of this section is
entitled to a credit in accordance with the following conditions:
1. The credit is equal to the unexpended vehicle license tax, gross
weight fees, commercial registration fees, special plate fees and lightweight
motor vehicle motor carrier taxes for the current registration year of the
vehicle to which the plates were last assigned.
2. The unexpended portion of the fees and taxes is equal to one-twelfth of the annual fees and taxes for the current registration year of the
vehicle to which the plates were last assigned multiplied by the number of
full months left in the registration year on the effective date of the
replacement vehicle's registration period.
3. The credit for each fee or tax shall be applied only to the similar
fee or tax owed on the vehicle to which license plates are transferred or
assigned pursuant to this section.
D. It is unlawful for a registrant to knowingly permit license plates
to be displayed on a vehicle except as authorized by the department.
E. The director may accept donations from affected registrants to
defray the cost of implementation of this section. The director shall
deposit any donations received pursuant to this subsection in the
Sec. 49. Section 28-2323, Arizona Revised Statutes, is amended to
read:
A. An owner of a foreign motor vehicle that is registered and licensed
in a state adjoining this state is not required to pay the gross weight fees
prescribed in section 28-5433 if all of the following conditions exist:
1. The owner and motor vehicle are domiciled within twenty-five miles
of the border of this state.
2. The motor vehicle is used in this state within twenty-five miles
of the border.
3. The state in which the owner resides and in which the motor vehicle
is registered exempts from payment of weight fees like motor vehicles from
this state.
B. An owner who seeks partial or total exemption as provided in
subsection A of this section shall apply to the department for a special
registration permit. The department shall issue the permit to the vehicle
owner if:
1. The department is satisfied that the owner is entitled to an
exemption from gross weight fees.
2. The owner pays the portion of fees that are not exempt.
3. The owner signs an affidavit stating that when operated in this
state the motor vehicle will be operated within the prescribed border zone
and other information related to the permit as prescribed by the department.
C. The permit issued under this section shall be distinctive in form
and shall include all of the following:
1. The date the permit is issued.
2. A brief description of the motor vehicle.
3. A statement that the owner has registered the motor vehicle.
D. An owner of a foreign motor vehicle that is registered and licensed
in a state adjoining this state and that is exempt from total or partial
payment of lieu taxes or use fees and total or partial payment of
registration fees pursuant to an agreement authorized by section
Sec. 50.
Section
Sec. 51. Section 28-2404, Arizona Revised Statutes, is amended to
read:
A. An organization may submit a request to the department on a form
prescribed by the department for a special organization plate. In the
request the organization may propose suggested indicia for the special
organization plate that are indicative of the organization. If the
department determines the organization meets the requirements of an
organization as defined in this section, the department shall submit the
request for a special organization plate to the license plate commission
established by section 28-2405.
B. The commission shall determine and inform the department whether
the requested special organization plate is authorized. The commission shall
authorize a special organization plate if the organization meets the
following requirements:
1. The primary activity or interest of the organization serves the
community, contributes to the welfare of others and is not offensive or
discriminatory in its purpose, nature, activity or name.
2. The name of the organization or any part of the organization's
purpose does not promote any specific product or brand name that is provided
for sale.
3. The purpose of the organization does not promote a specific
religion, faith or antireligious belief.
C. If the commission authorizes the special organization plate
pursuant to subsection B of this section, section 28-2403 and the following
requirements and procedures apply:
1. The department shall not issue the special organization plate
unless it receives a sufficient number of applications from qualified
applicants to pay for the production and program costs of the plates.
2. The department shall inform the organization of the authorization
by the commission of the requested special organization plate, the
requirements of this subsection and the number of applications required
pursuant to paragraph 1 of this subsection.
3. The organization shall collect and hold applications from its
members and the required fees for the special organization plates until the
required number of applications, as determined by the department, is
received.
4. The organization shall refund all fees to applicants if the
required number of applications is not received in the calendar year in which
the first application was received or if the department refunds the fees to
the organization.
5. The organization shall submit the required number of applications
and fees to the department by January 1 of any calendar year.
6. If the department determines that the required number of
applications is received, that the applicants are qualified for the requested
special plate and that the monies paid for the plates are available to the
state, the department shall design and issue the requested special plate
within one year after receiving the applications and fees.
D. The determination of the commission of whether to authorize a
special organization plate and of the department of whether to issue a
special organization plate as required by this section is not subject to the
rule making provisions of title 41, chapter 6. The department shall file
with the secretary of state a document for publication in the administrative
code with the department's rules that names each special organization plate
that is authorized and issued pursuant to this section.
E. A special plate fund is established in the state treasury in which
monies shall be deposited pending the determination required by subsection
C, paragraph 6 of this section. The department shall transmit the fees
received with applications for each special organization plate to the state treasurer for deposit in the fund. The department shall administer the fund
and shall use the monies in the fund to provide refunds to an organization
if special organization plates are not issued. Monies in the fund that are
not refunded shall be deposited as required by law. The fund is exempt from
the provisions of section 35-190 relating to lapsing of appropriations. On
notice from the department, the state treasurer shall invest and divest
monies in the fund as provided by section 35-313, and monies earned from
investment shall be credited to the fund.
F. Eight dollars of the fees prescribed in section 28-2402 for
original special plates and the renewal of special plates issued under this
section are special plate administration fees. If the fees are not refunded
and the special plates are issued pursuant to this section, the department
shall transmit the special plate administration fees to the state treasurer
for deposit in the
G. For the purposes of this section:
1. "Commission" means the license plate commission established by
section 28-2405.
2. "Organization" means an entity that is organized as a nonprofit
corporation pursuant to title 10, chapter 22 and that either certifies to the
department that the organization has at least five hundred members or
certifies to the department that the organization has fewer than five hundred
members if, based on data requested by the department and provided by the
organization, the department determines that the requirements of subsection
C, paragraph 1 of this section can be satisfied.
Sec. 52. Section 28-2405, Arizona Revised Statutes, is amended to
read:
A. A license plate commission is established. The commission is
composed of the following members:
1. A person who is appointed by the speaker of the house of
representatives and who serves at the pleasure of the speaker of the house
of representatives.
2. A person who is appointed by the president of the senate and who
serves at the pleasure of the president of the senate.
3. A person who is appointed by the governor from the governor's
office of community and highway safety and who serves at the pleasure of the
governor.
4. The superintendent of the highway patrol division or the
superintendent's designee.
5. The director of the department of
6. The director of the office of tourism or the director's designee.
7. The director of the state department of corrections or the
director's designee.
B. The director of the department of
C. All official actions of the commission shall be decided by a
majority vote of commission members.
D. The commission shall determine the following:
1. The color and design of license plates.
2. The color of special plates to be the same as and the design of
special plates to be similar to the license plates, except for special plates
issued pursuant to sections 28-2412, 28-2413, 28-2414, 28-2416, 28-2452,
28-2453, 28-2454 and 28-2455 and article 14 of this chapter.
3. Whether to authorize special organization plates pursuant to
section 28-2404.
4. The indicia for special organization plates issued pursuant to
section 28-2404.
E. The department shall provide the commission with staff and
technical assistance as necessary to perform its functions.
F. Commission members are not eligible to receive compensation, but
the members who are appointed pursuant to subsection A, paragraphs 1 and 2
of this section are eligible for reimbursement of expenses pursuant to title
38, chapter 4, article 2.
Sec. 53. Section 28-2412, Arizona Revised Statutes, is amended to
read:
A. The department shall issue collegiate special plates that identify
each university that is described in section 15-1601. The collegiate special
plates shall have the same color and design as the collegiate license plates
issued on or before December 31, 1992, except that on the request of a
university as described in section 15-1601, the department may revise the
color and design of the plates as appropriate for the university.
B. Of the twenty-five dollar fee required by section 28-2402 for
original special plates and for renewal of special plates, eight dollars is
a special plate administration fee and seventeen dollars is a collegiate
plate annual donation.
C. The department shall transmit all special plate administration fees
and all collegiate plate annual donations collected pursuant to this section
to the state treasurer. The state treasurer shall deposit the special plate
administration fees in the
D. The request for collegiate special plates may be combined with a
request for personalized special plates. This request shall be on a form
prescribed by the director and is subject to the fees required for the
personalized special plates in addition to the fees required for collegiate
special plates.
Sec. 54. Section 28-2413, Arizona Revised Statutes, is amended to
read:
A. The department shall issue environmental special plates. The
environmental special plates shall have the same basic color and design as
the environmental license plates issued on or before December 31, 1992,
except that the department may make minor alterations of environmental
special plates to make the plates more reflective and readable during the
daylight and nighttime hours.
B. Of the twenty-five dollar fee required by section 28-2402 for
original environmental special plates and for renewal of environmental
special plates, eight dollars is a special plate administration fee and
seventeen dollars is an environmental plate annual donation.
C. The department shall transmit all special plate administration fees
and all environmental plate annual donations collected pursuant to this
section to the state treasurer. The state treasurer shall deposit the
special plate administration fees in the
Sec. 55. Section 28-2414, Arizona Revised Statutes, is amended to
read:
A. The department shall issue veteran special plates. The veteran
special plates shall contain:
1. A red, white and blue design.
2. An American flag in the center of the plate.
3. The designation "veteran" at the bottom of the plate.
B. Of the twenty-five dollar fee required by section 28-2402 for
original veteran special plates and for renewal of veteran special plates,
eight dollars is a special plate administration fee and seventeen dollars is
a veteran plate annual donation.
C. The department shall transmit all special plate administration fees
and all veteran plate annual donations collected pursuant to this section to
the state treasurer. The state treasurer shall deposit the special plate
administration fees in the
Sec. 56. Section 28-2415, Arizona Revised Statutes, is amended to
read:
A. The department shall issue national guard member special plates to
a person who submits satisfactory proof to the department that the person is
or has been a member of the Arizona national guard or the spouse of a person
who is or has been a member of the Arizona national guard.
B. Of the twenty-five dollar fee required by section 28-2402 for
original national guard member special plates and for renewal of national
guard member special plates, eight dollars is a special plate administration
fee and seventeen dollars is a national guard member special plate annual
donation.
C. The director
D. The department shall not issue special plates pursuant to this
section to a person or to the spouse of a person who was discharged from the
armed forces under conditions less than honorable.
Sec. 57. Section 28-2416, Arizona Revised Statutes, is amended to
read:
A. Beginning on April 1, 1997, a person who owns a motor vehicle that
has either been converted or manufactured to use an alternative fuel and the
alternative fuel was subject to the use fuel tax imposed pursuant to chapter
16, article 2 of this title before April 1, 1997 shall apply for alternative
fuel vehicle special plates pursuant to this section.
B. The department shall issue alternative fuel vehicle special plates
to a person who:
1. Owns a motor vehicle that is powered by an alternative fuel and
that is registered pursuant to section 28-5805.
2. Pays the alternative fuel vehicle special plate fee prescribed in
section 28-2402, except that alternative fuel vehicles powered by hydrogen,
electricity or solar energy are exempt from that fee. Of the fee required
by section 28-2402 for original alternative fuel vehicle special plates and
for renewal of alternative fuel vehicle special plates, eight dollars is a
special plate administrative fee. The department shall transmit all special
plate administrative fees to the state treasurer. The state treasurer shall
deposit the special plate administrative fees in the
C. The color and design of the alternative fuel vehicle special plates
are subject to the approval of the department of commerce energy office. The
director may allow a request for alternative fuel vehicle special plates to
be combined with a request for personalized special plates. If the director
allows such a combination, the request shall be in a form prescribed by the
director and is subject to the fees for the personalized special plates in
addition to the fees required for alternative fuel vehicle special plates.
Alternative fuel vehicle special plates are not transferable, except that if
the director allows alternative fuel vehicle special plates to be
personalized a person who is issued personalized alternative fuel vehicle
special plates may transfer those plates to another alternative fuel vehicle
for which the person is the registered owner or lessee.
D. A person may drive a motor vehicle with alternative fuel special
plates or with an alternative fuel identification sticker prescribed in
section 28-2511, subsection E in high occupancy vehicle lanes at any time,
regardless of occupancy level, without penalty.
E. The department shall mark high occupancy vehicle lane signs to
indicate that those lanes may be used by alternative fuel vehicles regardless
of the number of occupants. The design of the markings shall be the same as
the design of the alternative fuel vehicle identification stickers prescribed
in section 28-2511, subsection E.
F. The costs of the high occupancy vehicle lane sign markings required
by this section shall be paid from the monies in the Arizona clean air fund
established by section 41-1516.
G. If the department publishes maps of the state highway system that
are distributed to the general public, the department shall indicate on those
maps the approximate location of alternative fuel delivery facilities that
are open to the public.
Sec. 58. Section 28-3002, Arizona Revised Statutes, is amended to
read:
A. The following fees are required:
1. For each original or initial application or renewal application,
if a written examination is required, for the following:
(a) Class A driver license, twenty-five dollars.
(b) Class B driver license, twenty-five dollars.
(c) Class C driver license, twelve dollars fifty cents.
(d) Class D driver license issued pursuant to section 28-3171, ten
dollars.
(e) Class M driver license issued pursuant to section 28-3171, ten
dollars.
2. Except as provided in paragraph 1, for each original, renewal or
reinstatement application for a class D or M license:
Age Fee
50 or older $10.00
45-49 $15.00
40-44 $20.00
39 or younger $25.00
3. For each original or initial application or renewal examination,
if a written application is required, for the following endorsements to a
driver license:
(a) Bus endorsement, ten dollars.
(b) Hazardous materials endorsement, ten dollars.
(c) Tank vehicle endorsement, ten dollars.
(d) Double-triple trailer endorsement, ten dollars.
(e) Motorcycle endorsement, seven dollars.
4. For taking each driving test for a:
(a) Class A driver license, twenty-five dollars.
(b) Class B driver license, twenty-five dollars.
(c) Class C driver license, twelve dollars fifty cents.
(d) Bus endorsement, five dollars.
5. For each application for an instruction permit under:
(a) Section 28-3154 or 28-3156, seven dollars.
(b) Section 28-3155, three dollars.
(c) Section 28-3225, class A, twenty-five dollars.
(d) Section 28-3225, class B, twenty-five dollars.
(e) Section 28-3225, class C, twelve dollars fifty cents.
6. For each renewal application, if a written examination is not
required, for a:
(a) Class A driver license and any endorsement, other than a hazardous
materials endorsement, to the license, fifteen dollars.
(b) Class B driver license and any endorsement, other than a hazardous
materials endorsement, to the license, fifteen dollars.
(c) Class C driver license and any endorsement, other than a hazardous
materials endorsement, to the license, ten dollars.
7. For each application for a duplicate of a driver license, four
dollars.
8. For each application for a duplicate of an instruction permit, two
dollars.
9. In addition to the fees prescribed in paragraph 2, for
reinstatement of driving privileges after suspension or disqualification, ten
dollars, except as provided in paragraph 11.
10. For each application for an extension by mail of a driver license,
five dollars.
11. In addition to the fees prescribed in paragraph 2, for
reinstatement of driving privileges that were suspended or denied pursuant to section 28-1385 after completion of the suspension or revocation, fifty
dollars.
B. Except as otherwise provided by statute, the director shall
immediately transmit fees collected under this section to the state treasurer
for immediate deposit in the
Sec. 59.
Section
Sec. 60. Section 28-3158, Arizona Revised Statutes, is amended to
read:
A. A person who applies for an instruction permit or for a driver
license shall use a form furnished by the department.
B. An applicant shall pay the fee prescribed by section 28-3002 for
a driver license or for an instruction permit issued under section 28-3154,
28-3155, 28-3156 or 28-3225. Payment of the fee required by this section
entitles the applicant to not more than three attempts to pass the
examination within twelve months from the date of the application. The
department shall refund an application fee pursuant to section
C. An applicant for an instruction permit or a driver license shall
give the department satisfactory proof of the applicants' full legal name,
date of birth, sex and residence address and that the applicant's presence
in the United States is authorized under federal law.
D. The application for an instruction permit or a driver license shall
state the following:
1. A brief description of the applicant and any other identifying
information required by the department.
2. Whether the applicant has been licensed, and if so, the type of
license issued, when the license was issued and what state or country issued
the license.
3. Whether the license was suspended or revoked or whether an
application was ever refused, and if so, the date of and reason for the
suspension, revocation or refusal.
4. If the applicant was never licensed, the applicant's last previous
state or country of residence.
5. The name of the state or country in which the principal vehicle the
applicant uses is registered and the name of the owner of the vehicle.
6. If the application is for a class A, B or C driver license or
instruction permit, the social security number of the applicant unless the
application is for a nonresident commercial driver license.
E. On request of an applicant, the department shall allow the
applicant to provide on the license or permit a post office box address that
is regularly used by the applicant.
F. The department may adopt and implement procedures to deny a driver
license or instruction permit to a person who has been deported. The
department may adopt and implement procedures to reinstate a person's
privilege to apply for a driver license or permit if the person's legal
presence status is restored.
G. The department may request an applicant who appears in person for
a license, a duplicate license or reinstatement of a driving privilege to
complete satisfactorily the vision screening prescribed by the department.
Sec. 61. Section 28-3228, Arizona Revised Statutes, is amended to
read:
A. A person shall not operate a school bus transporting school
children unless the person possesses the appropriate license class for the
size of school bus being operated that is issued by the department of
B. To be certified as a school bus driver a person shall do both of
the following:
1. Meet and maintain the minimum standards prescribed by this section
and rules adopted by the department of administration in consultation with
the department of public safety and with the school bus advisory council
established by section 28-3053.
2. Complete an initial instructional course on school bus driver
safety and training including behind the wheel training.
C. The department of administration in consultation with the
department of public safety and with the school bus advisory council
established by section 28-3053 shall adopt rules that establish minimum
standards for the certification of school bus drivers. In cooperation with
local school districts, the department of public safety shall provide for
school bus driver safety and training courses. The standards established
shall:
1. Include requirements concerning moral character, knowledge of
school bus operation, pupil and motor vehicle safety, physical impairments
that might affect the applicant's ability to safely operate a school bus or
that might endanger the health or safety of school bus passengers, knowledge
of first aid, establishment of school bus safety and training courses, a
refresher course to be completed on at least a biennial basis and other
matters as the department of administration in consultation with the
department of public safety and the school bus advisory council established
by section 28-3053 prescribes for the protection of the public.
2. Require tests to detect the presence of alcohol or the use of a
drug in violation of title 13, chapter 34 that may adversely affect the
ability of the applicant to safely operate a school bus.
3. Authorize the performance of hearing tests with or without the use
of a hearing aid as provided in 49 Code of Federal Regulations section
391.41.
D. The department of public safety shall require applicants to furnish
fingerprints and shall obtain criminal history record information pursuant
to section 41-1750. For the purposes of this subsection, the applicant shall
pay a fee to the department of public safety to reimburse the department of
public safety for the cost of obtaining the applicant's criminal history
record information required by this subsection. The fee shall not exceed the
actual cost of obtaining the applicant's criminal history record information.
E. The department of public safety shall issue a school bus driver
certificate to an applicant who meets the requirements of this section. The
certificate is valid if the applicant maintains the minimum standards
established by this section.
F. The department of public safety may cancel the certificate if the
person's license to drive is suspended, canceled, revoked or disqualified.
The department of public safety shall cancel the certificate if the person
fails to maintain the minimum standards established pursuant to this section.
A person whose application for a certificate is refused or whose certificate
is canceled for failure to meet or maintain the minimum standards may request
and receive a hearing from the department of public safety.
G. The department of public safety shall enforce the rules adopted
pursuant to this section.
Sec. 62. Section 28-3318, Arizona Revised Statutes, is amended to
read:
A. The department shall provide written notice to a person possessing
a driver license, to an unlicensed driver or to a nonresident driver of the
following:
1. A suspension, revocation, cancellation or disqualification of the
license or privilege to operate a motor vehicle.
2. Required attendance at training and education sessions.
B. The department shall send the notice by mail to the address
provided to the department on the licensee's application or provided to the
department pursuant to section
C. Service of the notice provided by this section is complete on
mailing. The department shall provide further service of notice only if the
department is notified of a change of address pursuant to section
D. Compliance with the mailing provisions of this section constitutes
notice of the suspension or revocation for purposes of prosecution under section 28-1383 or 28-3473. The state is not required to prove actual
receipt of the notice or actual knowledge of the suspension or revocation.
E. Compliance with the mailing provisions of this section constitutes
notice of suspension or restriction for the purposes of suspension or
restriction under section 28-3320. The state is not required to prove actual
receipt of the notice or actual knowledge of the suspension or restriction.
Sec. 63. Section 28-4133, Arizona Revised Statutes, is amended to
read:
A. An authorized insurer shall issue at least two motor vehicle
insurance identification cards for a motor vehicle or automobile liability
policy that meets the requirements of section 28-4079.
B. The card shall state that:
1. A person is required to possess evidence of financial
responsibility within the motor vehicle.
2. The card meets the requirement.
3. The card is satisfactory evidence if the person is asked by the
department of
C. All documentary evidence issued by an insurer or an authorized
agent of the insurer shall indicate:
1. The name of the insurer as listed with the department of insurance.
2. For the purpose of verifying insurance coverage, the mailing
address and telephone number of the insurer or an authorized agent of the
insurer.
3. In order to accurately verify insurance coverage, other information
as required by the department of
4. If a binder is issued by an authorized agent of an insurer, the
name, address and telephone number of the agent.
D. This section does not apply to a commercial vehicle policy that
provides automatic coverage for additional or newly acquired vehicles until
the policy's expiration date.
Sec. 64. Section 28-4147, Arizona Revised Statutes, is amended to
read:
The department shall send written notice to the owner or lessee of a
motor vehicle registered pursuant to chapter 7 of this title of any
suspension or any financial responsibility verification. The department
shall send the notice by mail to the address provided to the department on
the registration application or pursuant to section
Sec. 65. Section 28-4151, Arizona Revised Statutes, is amended to
read:
A. A person shall pay a fee of not more than fifty dollars for the
reinstatement of a motor vehicle registration and license plate as prescribed
by the department for the purposes prescribed in this article.
B. The director shall transmit the fees collected under this section
to the state treasurer for deposit in the motor vehicle liability insurance
enforcement fund established by subsection C.
C. A motor vehicle liability insurance enforcement fund is established
consisting of monies received pursuant to this article. The department
Sec. 66. Section 28-4302, Arizona Revised Statutes, is amended to
read:
A. The following fees are required:
1. For filing each application for a dealer's, manufacturer's,
importer's, distributor's, factory branch's, distributor branch's, automotive
recycler's or wholesale motor vehicle dealer's license, fifteen dollars.
2. For filing each application for a provisional dealer's, automotive
recycler's or wholesale motor vehicle dealer's license filed in conjunction
with an application for a dealer's or automotive recycler's license, ten
dollars.
3. For each criminal background investigation required under section
28-4364, four hundred sixty dollars
4. For each filing or continuation of a dealer's, manufacturer's,
distributor's, importer's, factory branch's, distributor branch's, automotive
recycler's or wholesale motor vehicle dealer's license if issued annually,
one hundred dollars.
5. For filing or continuing a dealer's branch license if issued
annually, fifty dollars.
6. For filing each application for a permit for the off-premises
exhibition of motor vehicles or for a special event to exhibit new motor
homes, twenty-five dollars.
7. For filing each application for a permit for the off-premises
display and sale of motor vehicles, twenty-five dollars.
B. Except as otherwise provided by statute, the director shall
immediately transmit fees collected under this section to the state treasurer
for immediate deposit in the
Sec. 67. Section 28-4332, Arizona Revised Statutes, is amended to
read:
A. The director shall grant an exemption from the new or used house
trailer dealer licensing requirements of this chapter if the person claiming
the exemption furnishes satisfactory proof to the director of licensure as
a dealer under title 41, chapter 16.
B. The cash deposit or bond posted by the person pursuant to section
41-2179 is subject to the same conditions and inures to the benefit of the
same persons as prescribed in sections 28-4362, 28-4405, 28-4406 and 28-4408.
C. A new or used house trailer dealer who claims an exemption pursuant
to subsection A of this section shall comply with all other requirements
applicable to a new or used house trailer dealer licensed under this chapter.
The director of the department of
D. An exemption granted pursuant to subsection A of this section
expires on suspension, revocation or nonrenewal of the license issued
pursuant to title 41, chapter 16. The director of the department of building
and fire safety shall notify the director of the department of
E. For the purposes of this section:
1. "House trailer" means a vehicle, other than a motor vehicle, that
is built on a chassis designed for being drawn on the highways by a motor
vehicle and that is designed for human habitation.
2. "Used house trailer dealer" means a person, other than a new house
trailer dealer, who buys, sells, exchanges or offers or attempts to negotiate
a sale or exchange of an interest in used house trailers or who is engaged
in the business of selling used house trailers.
Sec. 68. Section 28-4364, Arizona Revised Statutes, is amended to
read:
A. On the filing of the application for a license, the director shall:
1. Investigate the matters set forth in the license application.
2. Inspect the place from which the applicant proposes to transact
business.
3. Investigate other matters as the director deems necessary.
B. The director shall select a date and time to conduct the
investigation and inspection as the director determines is reasonable and
necessary.
C. The first phase of the criminal background investigation is a
criminal history record check pursuant to section 41-1750. On notification by the department of public safety that the applicant has not been convicted
of a violation that would prohibit the applicant from obtaining a license,
the director of the department of
D. A provisional motor vehicle dealer's or automotive recycler's
license is valid unless revoked by the director or until the applicant
receives approval or denial of the application for a motor vehicle dealer's
or automotive recycler's license.
E. The director may revoke a provisional motor vehicle dealer's or
automotive recycler's license for a violation of this chapter.
F. If a licensee adds or changes a partner, officer, director, agent
or stockholder who owns twenty per cent or more of the corporation and who
was not included in the criminal background investigation on a prior
application, the licensee shall notify the department within thirty days of
the change.
G. At the time of notification as required in subsection F of this
section, an application, a full set of fingerprints, if applicable, and a fee
of four hundred sixty dollars shall be submitted to the department for the
purpose of a criminal background investigation.
H. If any individual added or changed by the licensee is found to be
ineligible pursuant to section 28-4365, the director, on completion of the
investigation, shall advise the licensee and the individual in writing that
the license will be revoked, unless the individual is removed from the
position, and the grounds for the action.
I. The requirement for a criminal background investigation does not
apply to a manufacturer, importer, factory branch or distributor or a person
under eighteen years of age on the date the application is filed with the
department.
J. A member of the immediate family of a person currently licensed
pursuant to this article is only subject to a criminal history record check
that includes an inquiry to the criminal identification section of the
department of public safety. If the information on the application and the
criminal history record check from the department of public safety do not
provide any further information that would prohibit the applicant from
obtaining a license pursuant to this article, the director shall approve the
application. If the application is denied, the applicant may appeal the
denial pursuant to section 28-4366. A person applying for licensure pursuant
to this subsection shall pay a fee of ninety dollars for the criminal history
record check.
K. For the purposes of this section, "member of the immediate family"
means a husband, wife, child or grandchild who has been a resident of this state for a minimum period of five consecutive years immediately preceding
the date the application is filed with the department.
Sec. 69. Section 28-4404, Arizona Revised Statutes, is amended to
read:
A. Each licensee shall keep and maintain at the licensee's place of
business, or at each of the licensee's places of business if the licensee has
more than one, a permanent record in a form prescribed by the director as
follows:
1. Recording and describing each of the following:
(a) Each vehicle that is wrecked, dismantled, disassembled or
substantially altered by the licensee.
(b) Each major component part that is acquired by the licensee
together with a bill of sale signed by a seller whose identity has been
verified and the name and address of the person, firm or corporation from
which the licensee purchased the vehicle or part.
(c) The following information regarding the wrecked or acquired
vehicle that is the source of a major component part:
(i) If previously titled in this or any other state, the certificate
of title number.
(ii) The name of the state where last registered.
(iii) The number of the last license plate issued.
(iv) The make and model of the vehicle.
(v) The identification number and serial number of the vehicle.
(vi) The date purchased.
(vii) The disposition of the chassis.
(viii) The name and address of the person from whom a motor vehicle,
motor vehicle body or motor vehicle chassis was purchased or otherwise
acquired and the date of the purchase.
(ix) The name and address of the person to whom the motor vehicle,
motor vehicle body or motor vehicle chassis was sold or otherwise disposed
of, the date of the sale and a description of the vehicle, body or chassis
by make and model or identification number.
2. Including a bill of sale signed by the seller for any motor vehicle
parts other than major component parts acquired by the licensee, identifying
the seller by name, address and date of sale.
B. The licensee shall maintain the record at the licensee's
established place of business or principal place of business if the licensee
is a broker or a wholesale motor vehicle dealer for a period of three years
from the date of acquiring each item recorded.
C. Members of a police department, a sheriff's office, the department
of
D. An automotive recycler shall maintain a similar record of all
disabled vehicles that have been towed or transported to the automotive
recycler's place of business or to other places designated by the owner of
the vehicle or the owner's representative. This record shall specify the
make, model and description of the vehicle, name of the owner, number of the
license plate, condition of the vehicle and place to which it was towed or
transported.
E. Each licensee shall allow any person described in subsection C,
during business hours and after reasonable demand, to physically compare the
records required to be maintained with the vehicles or major component parts
that are located at the licensee's place of business.
F. After reasonable demand by a person under subsection C or E, a
person who fails to display the records required to be maintained is guilty
of a class 1 misdemeanor.
Sec. 70. Section 28-4498, Arizona Revised Statutes, is amended to
read:
A. If the director has reasonable cause to believe from an
investigation made by the director that a licensed motor vehicle dealer or
automotive recycler is engaging in business that violates section 28-4336,
subsection B or C, the director may immediately issue and serve on the person
by personal delivery or certified mail at the business address of record a
cease and desist order requiring the person to immediately cease and desist
from further engaging in the business on the receipt of the notice. On
failure of a licensee to comply with the order, the director, after a
hearing, may suspend or cancel the licensee's license or permit pursuant to
section 28-4493 and section 28-4494 or 28-4495 or may take action pursuant
to section 28-4496.
B. The director of the department of
Sec. 71. Section 28-4499, Arizona Revised Statutes, is amended to
read:
A. If the director has reasonable cause to believe from information
furnished to the director or from an investigation made by the director that
a person is engaged in a business regulated by this chapter without being
licensed as required by law, the director shall immediately issue and serve
on the person by personal delivery or certified mail at the person's last
known address a cease and desist order requiring the person to immediately cease and desist from further engaging in the business. On failure of the
person to comply with the order, the director may conduct a hearing pursuant
to section 28-4500.
B. The director of the department of
Sec. 72. Section 28-4556, Arizona Revised Statutes, is amended to
read:
Except as otherwise provided by statute, the director shall immediately
transmit fees collected under this article to the state treasurer for
immediate deposit in the
Sec. 73. Section 28-4839, Arizona Revised Statutes, is amended to
read:
A. A vehicle that is left in a public garage or parking lot for
storage or parking more than fifteen days, that has not been left under a
written contract of storage and that has not during that period been removed
by the person leaving it is an abandoned vehicle. The party in possession
of such a vehicle shall:
1. Report the vehicle on forms prescribed by the director of the
department of
2. Submit the report to the director of the department of
3. Submit a copy of the report to the director of the department of
public safety.
B. Except if the vehicle inspection prescribed in section 28-4834 is
not completed within the prescribed time period due to no fault of the
person, a person who fails to make the report to the director of the
department of
C. A vehicle that is abandoned by being left in a public garage or
parking lot as provided by this section shall be disposed of pursuant to
sections 28-4841 and 28-4842.
Sec. 74. Section 28-5104, Arizona Revised Statutes, is amended to
read:
A. A person who applies for authorization pursuant to this article
shall submit with the application a bond in a form to be approved by the
director and in an amount of at least twenty-five thousand dollars.
B. A surety company authorized to transact business in this state
shall execute the bond with the applicant as principal obligor on the bond
and the state as obligee. The bond shall be conditioned that the applicant
will faithfully comply with all of the provisions of law and that the bond
is noncancellable for the period of time for which the authorization to the
applicant is issued. Any liability of the surety company terminates on the
director's termination of a third party's authorization to perform title and
registration functions.
C. The bond inures to the benefit of any person who suffers loss
because of any of the following:
1. Nonpayment by the authorized person of any title fee, registration
fee or other related fee or tax paid to the third party by that person.
2. Insolvency or discontinuance of business.
3. Failure of the authorized third party to comply with the authorized
third party's duties pursuant to this article.
D. The aggregate liability of a surety company for any breach of the
conditions of a bond required pursuant to this section shall not exceed the
amount of the bond.
E. The bond requirement of this section does not apply to:
1. A department, agency or political subdivision of this state.
2. An Arizona court.
3. An Arizona law enforcement agency or department.
4. A financial institution or enterprise under the jurisdiction of the
state banking department or a federal monetary authority.
5. The federal government or any of its agencies.
6. A motor vehicle dealer that is licensed and bonded by the
department
7. A manufacturer, importer, factory branch or distributor licensed
by the department
8. An insurer under the jurisdiction of the department of insurance.
9. An owner of a fleet as defined in section 28-2201.
10. A public utility.
11. A tribal government.
12. A title service company that is bonded by the department
Sec. 75. Section 28-5105, Arizona Revised Statutes, is amended to
read:
A. An applicant and each partner, officer, director, agent or
stockholder owning twenty per cent or more of a corporation seeking
authorization pursuant to this article shall provide a full set of
fingerprints and a fee of four hundred sixty dollars to enable the department to conduct a criminal background investigation. The criminal background
investigation does not apply if either:
1. The applicant is exempt pursuant to subsection H of this section.
2. The applicant is currently licensed pursuant to chapter 10 of this
title and the applicant and each partner, officer, director, agent or
stockholder owning twenty per cent or more of a corporation have submitted
to a criminal background investigation as prescribed by this section during
the past five years.
B. The director shall deny an application to act as a third party if
an individual included in the application has either:
1. Been convicted of a felony in any state, territory or possession
of the United States or any foreign country.
2. Made a misrepresentation or misstatement in the application to
purposely conceal a matter that would cause the application to be denied.
C. The first phase of the criminal background investigation shall be
a criminal history record check pursuant to section 41-1750. On notification
by the department of public safety that the applicant has not been convicted
of a violation that would prohibit the applicant from obtaining
authorization, the director may approve an application for provisional
authorization pending completion of the criminal background investigation if
the applicant meets all other requirements of this article. The director may
revoke a provisional authorization for a violation of this article or chapter
2, 7 or 15 of this title. A provisional authorization is valid unless
revoked by the director or until the applicant receives approval or denial
of the application for authorization.
D. Within twenty days of completion of the criminal background
investigation, the director shall approve or deny the application for
authorization. If the application is denied, the director shall advise the
applicant in writing of the denial and the grounds for denial. The
department or its employees are not liable for any costs incurred by an
applicant seeking authorization under this article.
E. Within thirty days after receipt of the notice of denial, the
applicant may petition the director in writing for a hearing on the
application pursuant to section 28-5107.
F. If the authorized third party adds a partner, officer, director,
agent or stockholder who owns twenty per cent or more of the corporation and
who was not included in the criminal background investigation on a prior
application, the authorized third party shall notify the department within
thirty days of the change.
G. At the time of notification pursuant to subsection F of this
section, the third party shall submit to the department an application and,
if applicable, a full set of fingerprints and a nonrefundable fee of four
hundred sixty dollars for the purpose of a criminal background investigation.
On completion of the investigation if the individual added or changed by the authorized third party is found to be ineligible pursuant to subsection B of
this section, the director shall advise the authorized third party and the
individual in writing of the grounds for the action and that the
authorization will be revoked unless the individual is removed from the
position.
H. The requirement for a criminal background investigation does not
apply to:
1. A department, agency or political subdivision of this state.
2. An Arizona court.
3. An Arizona law enforcement agency or department.
4. A financial institution or enterprise under the jurisdiction of the
state banking department or a federal monetary authority.
5. The federal government or any of its agencies.
6. A motor vehicle dealer that is licensed and bonded by the
department
7. A manufacturer, importer, factory branch or distributor licensed
by the department
8. An insurer under the jurisdiction of the department of insurance.
9. An owner or registrant of a fleet as defined in section 28-2201.
10. A public utility.
11. A tribal government.
12. A title service company that is bonded by the department
I. The director shall transmit background investigation fees collected
pursuant to this section to the state treasurer for deposit in the
Sec. 76. Section 28-5134, Arizona Revised Statutes, is amended to
read:
A. A person who applies for authorization pursuant to this article
shall accompany the application with a bond in a form to be approved by the
director and in an amount of at least twenty-five thousand dollars.
B. A surety company authorized to transact business in this state
shall execute the bond with the applicant as principal obligor on the bond
and this state as obligee. The bond shall be conditioned that the applicant
will faithfully comply with all of the provisions of law and that the bond
is noncancellable without at least sixty days' prior notice to the director.
Any liability of the surety company terminates on the director's termination
of a third party's authorization to issue licenses.
C. The bond inures to the benefit of any person who suffers loss
because of any of the following:
1. Nonpayment by the authorized person of any license fee paid to the
third party by that person.
2. Insolvency or discontinuance of business.
3. Failure of the authorized third party to comply with the authorized
third party's duties pursuant to this article.
D. The aggregate liability of a surety company for any breach of the
conditions of a bond required pursuant to this section shall not exceed the
amount of the bond.
E. The bond requirement of this section does not apply to:
1. A department, agency or political subdivision of this state.
2. An Arizona court.
3. An Arizona law enforcement agency or department.
4. A financial institution or enterprise under the jurisdiction of the
state banking department or a federal monetary authority.
5. The federal government or any of its agencies.
6. A motor vehicle dealer that is licensed and bonded by the
department of
7. A manufacturer, importer, factory branch or distributor licensed
by the department of
8. An insurer under the jurisdiction of the department of insurance.
9. An owner of a fleet as defined in section 28-2201.
10. A public utility.
11. A tribal government.
12. A title service company that is bonded by the department of
Sec. 77. Section 28-5135, Arizona Revised Statutes, is amended to
read:
A. An applicant and each partner, officer, director, agent or stockholder owning twenty per cent or more of a corporation seeking
authorization pursuant to this article shall provide a full set of
fingerprints and a fee of four hundred sixty dollars to enable the department
to conduct a criminal background investigation. The criminal background
investigation does not apply if both:
1. The applicant is either exempt pursuant to subsection H of this
section or is currently licensed pursuant to chapter 10 of this title.
2. The applicant and each partner, officer, director, agent or
stockholder owning twenty per cent or more of a corporation have submitted
to a criminal background investigation as prescribed by this section during
the past five years.
B. The director shall deny an application to act as a third party if
an individual included in the application has either:
1. Been convicted of a felony in any state, territory or possession
of the United States or any foreign country.
2. Made a misrepresentation or misstatement in the application to
purposely conceal a matter that would cause the application to be denied.
C. The first phase of the criminal background investigation shall be
a criminal history record check pursuant to section 41-1750. On notification
by the department of public safety that the applicant has not been convicted
of a violation that would prohibit the applicant from obtaining
authorization, the director of the department of
D. Within twenty days of completion of the criminal background
investigation, the director shall approve or deny the application for
authorization. If the application is denied, the director shall advise the
applicant in writing of the denial and the grounds for denial. The
department or its employees are not liable for any costs incurred by an
applicant seeking authorization under this article.
E. Within thirty days after receipt of the notice of denial, the
applicant may petition the director in writing for a hearing on the
application pursuant to section 28-5137.
F. If the authorized third party adds a partner, officer, director,
agent or stockholder who owns twenty per cent or more of the corporation and
who was not included in the criminal background investigation on a prior
application, the authorized third party shall notify the department within
thirty days of the change.
G. At the time of notification pursuant to subsection F of this
section, the third party shall submit to the department an application, a
nonrefundable fee of four hundred sixty dollars and, if applicable, a full
set of fingerprints for the purpose of a criminal background investigation.
If the individual added or changed by the authorized third party is found to
be ineligible pursuant to subsection B of this section and on completion of
the investigation, the director shall advise the authorized third party and
the individual in writing of the grounds for the action and that the
authorization will be revoked unless the individual is removed from the
position.
H. The requirement for a criminal background investigation does not
apply to:
1. A department, agency or political subdivision of this state.
2. An Arizona court.
3. An Arizona law enforcement agency or department.
4. A financial institution or enterprise under the jurisdiction of the
state banking department or a federal monetary authority.
5. The federal government or any of its agencies.
6. A motor vehicle dealer that is licensed and bonded by the
department of
7. A manufacturer, importer, factory branch or distributor licensed
by the department of
8. An insurer under the jurisdiction of the department of insurance.
9. An owner or registrant of a fleet as defined in section 28-2201.
10. A public utility.
11. A tribal government.
12. A title service company that is bonded by the department of
I. The director shall transmit background investigation fees collected
pursuant to this section to the state treasurer for deposit in the
Sec. 78. Section 28-5203, Arizona Revised Statutes, is amended to
read:
A. A motor carrier safety revolving fund is established in the state
treasury consisting of monies appropriated to the fund by the legislature,
monies deposited pursuant to this chapter and monies received from private
grants or donations if so designated by the grantor or donor.
B. Monies in the fund are a continuing appropriation to the department
C. The director of the department of
D. The motor carrier safety revolving fund is exempt from the
provisions of section 35-190 relating to lapsing of appropriations.
Sec. 79. Section 28-5204, Arizona Revised Statutes, is amended to
read:
A. In the administration and enforcement of this chapter, the
department of
1. Reasonable rules it deems proper governing the safety operations
of motor carriers, including rules governing safety operations of motor
carriers, shippers and vehicles transporting hazardous materials, hazardous
substances or hazardous wastes and shall prescribe necessary forms. In determining reasonable rules, the department of
(a) The nature of the operations and regulation of public service
corporations as defined in article XV, sections 2 and 10, Constitution of
Arizona.
(b) Rules adopted by the director of environmental quality pursuant
to section 49-855.
2. Rules necessary to enforce and administer this chapter, including
rules setting forth reasonable procedures to be followed in the enforcement
of this chapter and rules adopting transporter safety standards for hazardous
materials, hazardous substances and hazardous waste. In adopting the rules,
the department shall consider, as evidence of generally accepted safety
standards, the publications of the United States department of transportation
and the environmental protection agency.
B. Rules adopted by the department of
C. The department of public safety shall and a political subdivision
may enforce this chapter and any rule adopted pursuant to this chapter by the
department of
D. The department may audit records and inspect vehicles transporting
hazardous materials, hazardous wastes and hazardous substances as prescribed
in title 49.
E. This section does not apply to a lightweight motor vehicle carrying
hazardous materials in an amount of less than one thousand pounds or not more
than one hundred ten gallons of combustible liquid as listed in 49 Code of
Federal Regulations section 172.504(a) table 2.
Sec. 80. Section 28-5231, Arizona Revised Statutes, is amended to
read:
A. For the purpose of enforcement of this chapter, a manufacturer,
shipper and motor carrier shall maintain and keep within this state books,
records and other data as required by the department. The manufacturer,
shipper or motor carrier shall not destroy the books, records and other data
for a period of three years.
B. During usual business hours or at any time if the cause is to
protect the public safety, the manufacturer, shipper or motor carrier shall
allow employees of the department of public safety or the department of
C. To verify the truth and accuracy of a statement, report or return
and to determine compliance with safety rules imposed under this chapter, an
officer of the department of public safety or any peace officer, during usual business hours or at any time if the cause is to protect the public safety,
may examine:
1. Records, books or other data required to be kept by a manufacturer,
shipper or motor carrier under this chapter.
2. Equipment and facilities pertinent to the operation.
3. Other books of account, records and data kept by the manufacturer,
shipper or motor carrier in any other business in which the manufacturer,
shipper or motor carrier also engages.
Sec. 81. Section 28-5235, Arizona Revised Statutes, is amended to
read:
A. A person who owns or leases a vehicle transporting hazardous
materials, hazardous substances or hazardous wastes shall notify the director
of all vehicles transporting the materials, substances or wastes
B. The department may deny the vehicle registration, the operating
privilege or the nonresident operating privilege for any of the following
reasons:
1. Failure to pay any applicable fees.
2. Misrepresentation in the application or notification.
3. Failure to comply with the rules of the department.
4. Failure to make vehicles available for inspection or to make
records available for audit.
5. Revocation of an operating privilege within the preceding twelve
months.
C. The department shall provide for compliance audits pursuant to this
chapter and rules adopted pursuant to this chapter. The department of
Sec. 82. Section 28-5237, Arizona Revised Statutes, is amended to
read:
A. The director may conduct a hearing if a law enforcement agency
authorized to enforce this chapter alleges that probable cause exists that
a manufacturer, shipper, motor carrier or driver refuses to comply with
section 28-5231 or has failed to comply with this chapter or a rule adopted
pursuant to this chapter.
B. If after reviewing the allegations the director determines that
probable cause exists to believe that the manufacturer, shipper, motor
carrier or driver is responsible, the director shall issue an order to show
cause why the director should not impose any of the following:
1. A suspension of the registrations of any motor vehicles owned or
leased by the manufacturer, shipper or motor carrier.
2. A suspension of the driver license or nonresident operating
privilege of a driver.
3. A civil penalty on the manufacturer, shipper, motor carrier or
driver.
C. The manufacturer, shipper, motor carrier or driver shall respond
to the order at a hearing held not more than sixty days after service of
written notice. The director shall send the notice by certified mail to the
address provided to the department in the agency's report alleging the
noncompliance.
D. A finding of responsibility requires that all of the following
conditions exist, and the hearing is limited to the following:
1. The respondent refuses to comply with the requirements of section
28-5231 or failed to comply with any other provision of this chapter or a
rule adopted pursuant to this chapter.
2. The respondent ordered to appear at the hearing is responsible for
the noncompliance and is responsible under this chapter or a rule adopted
pursuant to this chapter to effect compliance or to remedy the noncompliance.
3. The law enforcement agency submitting the report served written
notice on the respondent that noncompliance exists.
4. A reasonable period of time of at least ten but not more than
thirty days has been provided to attain compliance.
5. The department of public safety or the department of
6. The inspection or audit shows that compliance was not subsequently
attained.
E. After consideration of the evidence presented at the hearing and
within five days after the hearing, the director shall serve notice of the
director's finding and order. If the director enters a finding of
responsibility, the director shall both:
1. Impose a civil penalty as prescribed in section 28-5238.
2. Suspend the registrations of any motor vehicles owned or leased by
the manufacturer, shipper or motor carrier or suspend the driver license or
nonresident operating privilege of a driver.
F. If the manufacturer, motor carrier, shipper or driver fails to
appear for a hearing, in addition to any other remedies provided by law, the
director shall suspend the registrations of any motor vehicles owned and
leased by the manufacturer, shipper or motor carrier or the driver license
or the nonresident operating privilege of the driver. The director shall not remove the suspension until the manufacturer, motor carrier, shipper or
driver appears for the hearing and all fees required to reinstate vehicle
registration or driving privileges prescribed by statute are paid.
Sec. 83. Section 28-5238, Arizona Revised Statutes, is amended to
read:
A. If the director imposes a civil penalty on the manufacturer, motor
carrier, shipper or driver, the civil penalty is determined pursuant to the
following schedule:
1. A minimum civil penalty of one thousand dollars but not more than
five thousand dollars, or if the director determines that the manufacturer,
motor carrier, shipper or driver failed to attain compliance with a rule
relating to hazardous materials, hazardous substances or hazardous wastes,
a minimum civil penalty of five thousand dollars but not more than
twenty-five thousand dollars.
2. For a second finding of responsibility within a sixty month period
involving the same manufacturer, motor carrier, shipper or driver and the
same class of violation, as prescribed by subsection E of this section,
either:
(a) A minimum civil penalty of five thousand dollars but not more than
ten thousand dollars.
(b) If the director determines that the manufacturer, motor carrier,
shipper or driver failed to attain compliance with a rule relating to
hazardous materials, hazardous substances or hazardous wastes, a minimum
civil penalty of ten thousand dollars but not more than twenty-five thousand
dollars.
3. For a third and any subsequent finding of responsibility within a
sixty month period involving the same manufacturer, motor carrier, shipper
or driver and the same class of violation, as prescribed by subsection E of
this section, either:
(a) A minimum civil penalty of ten thousand dollars but not more than
twenty-five thousand dollars.
(b) If the director determines that the manufacturer, motor carrier,
shipper or driver failed to attain compliance with a rule relating to
hazardous materials, hazardous substances or hazardous wastes, a minimum
civil penalty of fifteen thousand dollars but not more than twenty-five
thousand dollars.
B. On the third and any subsequent finding of responsibility within
a sixty month period involving the same manufacturer, motor carrier, shipper
or driver and the same class of violation, in addition to imposing the civil
penalties prescribed in subsection A, paragraph 3 of this section, the
director shall suspend the registrations of any motor vehicles owned or
leased by the manufacturer, shipper or motor carrier or the driver license or nonresident operating privilege of the driver for thirty days, except that
in the case of noncompliance the suspension may exceed thirty days until the
department of public safety states in writing to the director of the
department of
C. The manufacturer, motor carrier, shipper or driver shall pay the
civil penalty imposed in the order to the department no later than ten days
after the order is final.
D. If a civil penalty is imposed and if the civil penalty is not paid
when due, the director shall suspend the registrations of any motor vehicles
owned or leased by the manufacturer, shipper or motor carrier or shall
suspend the driver license or nonresident operating privilege of the driver.
E. For the purpose of determining the amount of civil penalty for
repeat findings of responsibility for the same class of violation, the
director may adopt rules categorizing violations of this chapter or
violations of rules adopted under this chapter into the following classes:
1. Equipment.
2. Commodities transport, including hazardous materials, hazardous
substances or hazardous wastes.
3. Driver, shipper or manufacturer records or requirements.
4. Other records.
F. In addition to any other requirements imposed in this section, the
director shall not reinstate any suspended registrations of the motor
vehicles of the manufacturer, shipper or motor carrier or any suspended
driver license or nonresident operating privilege of the driver,
manufacturer, shipper or motor carrier until both of the following conditions
are met:
1. All fees prescribed by statute to reinstate the vehicle
registration or driving privileges are paid.
2. Any civil penalty that has been imposed is paid.
G. The director shall immediately transfer all monies from civil
penalties imposed under this chapter to the state treasurer who shall deposit
the monies in the motor carrier safety revolving fund established by section
28-5203.
H. A city, town or county shall not enact an ordinance or resolution
imposing civil penalties against any shipper, manufacturer or motor carrier
for a motor carrier safety violation.
I. The attorney general shall enforce this section.
Sec. 84. Section 28-5401, Arizona Revised Statutes, is amended to
read:
Except as otherwise provided by statute, the director shall immediately
transmit fees and taxes collected under this chapter to the state treasurer for immediate deposit in the
Sec. 85. Section 28-5616, Arizona Revised Statutes, is amended to
read:
A. Every three years, the directors of the department of
1. The percentage of the total license taxes paid on motor vehicle
fuel that is used for propelling watercraft.
2. The number of days of recreational watercraft use in each county.
B. The survey shall be completed by the fiscal year ending in 1982 and
every three years thereafter.
C. The director shall:
1. Use the percentage determined pursuant to subsection A of this
section to determine the amount of license taxes collected on the sale of
fuel used in watercraft.
2. Except as provided in subsection D of this section, transmit the
amount determined pursuant to paragraph 1 of this subsection on a monthly
basis to the state treasurer for deposit in the state lake improvement fund
to be distributed pursuant to section 5-382.
D. Of the percentage of motor vehicle tax paid on fuel used to propel
watercraft, the department of
1. One per cent to defray administrative expense.
2. An amount equal to the expenses of the survey provided for in
subsection A of this section.
Sec. 86. Section 28-5620, Arizona Revised Statutes, is amended to
read:
A. The director or a deputy, employee or agent authorized by the
director may examine during usual business hours records, books, papers,
storage tanks and any other equipment of a distributor, purchaser, seller,
refund claimant or carrier pertaining to motor vehicle fuel or aviation fuel
imported, received, sold, shipped, delivered or used to either:
1. Verify the truth and accuracy of a statement, report, return or
claim.
2. Ascertain whether the tax imposed by this article or section
28-8344 has been paid.
3. Determine the financial responsibility of the distributor for the
payment of the taxes imposed by this article or section 28-8344.
4. Determine the validity of a refund.
B. In the enforcement of this article, the director may hold hearings,
take testimony of persons, issue subpoenas for the purpose of taking
testimony, compel attendance of witnesses and conduct investigations the
director deems necessary.
C. Except as prescribed in subsection D of this section or except if
required to do so by a court, it is unlawful for a person to disclose
information acquired by the director or an agent under this section. This
subsection does not mean that the information or evidence is privileged if
used by this state or an officer of this state in an action for collection
of the tax or a prosecution for a violation of this article.
D. Notwithstanding subsection C of this section, the department of
E. The director may prescribe forms for required reports or claims for
refund or forms of record to be used by distributors.
F. A distributor may maintain records required by this article in this
state. If the records are maintained outside this state and on request of
the director, the distributor shall make the records available at a location
in this state designated by the director. If the records are maintained
outside this state and will not be made available at the location designated
by the director, the director may require the distributor to whom a records
request has been made to pay in advance costs reimbursable for subsistence
and travel expenses for the director or an agent of the director to conduct
the examination of the records.
Sec. 87. Section 28-5739, Arizona Revised Statutes, is amended to
read:
A. If a use class motor vehicle is propelled by use fuel and is
operated in this state in the course of interstate traffic by an unlicensed
user, the department may issue, in lieu of a use fuel license, a special
single trip use fuel tax permit authorizing operation of the vehicle for a
single trip through this state or from a point on the Arizona border to a
point in this state and return to the border.
B. The fee for the single trip permit is based on the excise tax due
at the rate of forty-nine dollars for more than fifty miles traveled on the
highways of this state and twelve dollars for fifty miles or less traveled
on the highways of this state. In addition to the fee based on miles
traveled in this state, a fee of one dollar is required for each single trip
use fuel tax permit issued.
C. The single trip use fuel tax permit:
1. Is valid for ninety-six hours.
2. Allows the purchase of use fuel as provided by section 28-5718.
D. The department:
1. Shall issue a single trip use fuel tax permit in duplicate to an
unlicensed user.
2. May issue a single trip use fuel tax permit for a vehicle entering
this state at Teec Nos Pos and exiting at Black Rock or entering this state
at Black Rock and exiting at Teec Nos Pos even if the vehicle exits and
reenters this state during the trip.
3. May issue a special thirty day use fuel tax permit for a use class
motor vehicle if all of the following conditions are met:
(a) The vehicle is not in the commercial transportation business.
(b) The vehicle is in this state for a limited period of time.
(c) The vehicle will make limited use of this state's highways.
(d) The applicant pays a fee of ninety-eight dollars.
E. The director may authorize third parties to issue fuel tax permits
pursuant to this section in accordance with rules adopted by the director.
Sec. 88. Section 28-5805, Arizona Revised Statutes, is amended to
read:
A. A separate classification of motor vehicles is established for
purposes of taxation pursuant to article IX, section 11, Constitution of
Arizona, that consists of motor vehicles powered by alternative fuels.
B. Notwithstanding section 28-5801, the registering officer shall
collect at the time of application for and before registration of the motor
vehicle classified under this section an annual license tax of four dollars
for each one hundred dollars in value. During the first twelve months of the
life of the vehicle as determined by its initial registration, the value is
one per cent of the manufacturer's base retail price of the vehicle. During
each succeeding twelve month period the value of the vehicle is fifteen per
cent less than the value of the preceding twelve month period.
C. The minimum amount of the license tax computed under this section
is five dollars per year for each vehicle subject to the tax.
D. Except as specifically provided in this section, the vehicle
license tax on a vehicle classified under this section is governed by this
article.
E. The owner of a vehicle claiming the special annual license tax rate
provided by this section shall provide proof at the time of application and
before registration of the vehicle each year as follows:
1. The owner of a vehicle that is purchased new shall provide a
certificate from the manufacturer indicating that the vehicle is powered by
an alternative fuel.
2. The owner of a vehicle that is not purchased new, that is a
converted vehicle or that is assembled by the owner shall provide either:
(a) A certificate issued by the department of environmental quality
indicating that the vehicle is powered by liquefied petroleum gas, natural
gas, hydrogen, a blend of hydrogen with liquefied petroleum or natural gas,
or alcohol fuels that contain not less than eighty-five per cent alcohol by
volume.
(b) A certificate issued by the department of
F. For purposes of this section:
1. "Alternative fuels" means liquefied petroleum gas, natural gas,
hydrogen, a blend of hydrogen with liquefied petroleum or natural gas,
alcohol fuels that contain not less than eighty-five per cent alcohol by
volume, electricity or solar energy.
2. "Motor vehicle" means a vehicle that meets the safety standards of
the national highway traffic safety administration.
Sec. 89. Section 28-5808, Arizona Revised Statutes, is amended to
read:
A. On the first and the fifteenth calendar day of each month, the
director shall distribute thirty-one and one-half per cent of the monies
collected by the director pursuant to section 28-5801, except monies
deposited in the state general fund, to the state treasurer for deposit in
the highway user revenue fund. On the first calendar day, the amount
distributed shall include all monies received from the first through the
fifteenth calendar day of the preceding month. On the fifteenth calendar
day:
1. The amount distributed shall include all monies received from the
sixteenth through the last day of the preceding month.
2. The director shall distribute or deposit the remaining monies
received pursuant to section 28-5801 during the entire preceding month as
follows:
(a) For fiscal year 1997-1998, sixteen and six-tenths per cent to the
state treasurer for deposit in the state general fund for general purposes.
(b) For fiscal year 1998-1999, fifteen per cent to the state treasurer
for deposit in the state general fund for general purposes.
(c) For fiscal year 1999-2000 and each fiscal year thereafter, twelve
per cent to the state treasurer for deposit in the state general fund for
general purposes.
(d) Two per cent to the state treasurer for deposit in the state
highway fund established by section 28-6991.
(e) Twenty-five per cent to the county general fund.
(f) For fiscal year 1997-1998, one and four-tenths per cent to the
state treasurer to be apportioned among the counties for the same use as
highway user revenue fund monies on the basis that the population of the
unincorporated area of each county bears to the population of the
unincorporated areas of all counties in this state as shown by the most
recent United States decennial census.
(g) For fiscal year 1998-1999, three per cent to the state treasurer
to be apportioned among the counties for the same use as highway user revenue
fund monies on the basis that the population of the unincorporated area of
each county bears to the population of the unincorporated areas of all
counties in this state as shown by the most recent United States decennial
census.
(h) For fiscal year 1999-2000 and each fiscal year thereafter, six per
cent to the state treasurer to be apportioned among the counties for the same
use as highway user revenue fund monies on the basis that the population of
the unincorporated area of each county bears to the population of the
unincorporated areas of all counties in this state as shown by the most
recent United States decennial census.
(i) Twenty-five per cent to the state treasurer for deposit in the
state general fund to aid school financial assistance.
(j) Twenty-five per cent to the county treasurer to be distributed to
the incorporated cities and towns of the county apportioned in proportion to
the population of each as shown by the most recent United States census.
(k) Five per cent in the
B. If an incorporated city or town has had no federal enumeration, the
supervisors shall both:
1. Appoint a qualified person to take an accurate census of the
incorporated city or town.
2. Certify the results to the county treasurer, and the incorporated
city or town shall share in the distribution as provided by this section.
Sec. 90. Section 28-5857, Arizona Revised Statutes, is amended to
read:
A. A use fuel advisory council is established. The director of the
department of
1. One member who represents the department of
2. One member who represents the department of environmental quality.
3. One member who represents oil marketers.
4. One member who represents use fuel vendors.
5. One member who represents motor carriers.
B. Members appointed pursuant to subsection A, paragraphs 1 and 2 of
this section serve at the pleasure of the director. Members appointed
pursuant to subsection A, paragraphs 3, 4 and 5 of this section serve for
staggered terms of three years.
C. Members of the council are not eligible to receive compensation,
but the members who are appointed pursuant to subsection A, paragraphs 3, 4
and 5 of this section are eligible to receive reimbursement of expenses by
the department pursuant to title 38, chapter 4, article 2.
D. The council shall review the determinations made by the director
pursuant to section 28-5856.
E. The department shall provide staff support for the council.
Sec. 91. Section 28-5874, Arizona Revised Statutes, is amended to
read:
A. There is imposed against each motor vehicle and each lightweight
motor vehicle for a single trip motor carrier tax trip permit a motor carrier
tax of either:
1. Twelve dollars for fifty miles or less to be traveled on the
highways of this state.
2. Forty-eight dollars for more than fifty miles to be traveled on the
highways of this state.
B. A single trip motor carrier tax trip permit:
1. Expires on the completion of the specific trip for which it is
issued and applies only for a period of ninety-six hours from the time of
issuance unless an extension of time is authorized by the director.
2. Is valid for a single trip for vehicles entering this state at
Black Rock and exiting at Teec Nos Pos or entering this state at Teec Nos Pos
and exiting at Black Rock even if the vehicles exit and reenter this state
during the trip.
C. The director may authorize third parties to issue single trip motor
carrier tax trip permits pursuant to this section in accordance with rules
adopted by the director.
Sec. 92. Section 28-5875, Arizona Revised Statutes, is amended to
read:
A. The department may issue a special thirty day motor carrier tax
permit for a motor vehicle or lightweight motor vehicle if the vehicle is not
in the commercial transportation business, is in this state for a limited
period of time and will make limited use of this state's highways.
B. The motor carrier tax for a special thirty day permit is ninety-six
dollars.
C. The director may authorize third parties to issue special thirty
day motor carrier tax trip permits pursuant to this section in accordance
with rules adopted by the director.
Sec. 93. Section 28-6001, Arizona Revised Statutes, is amended to
read:
A. A person who is liable for the motor vehicle fuel tax imposed by
section 28-5606 or the aviation fuel tax imposed by section 28-8344 shall
make periodic payments of the underground storage tank tax imposed by title
49, chapter 6, article 2 to the director of the department of
B. A person who refines, manufactures, produces, compounds, blends or
imports diesel shall register with the department of
Sec. 94. Section 28-6002, Arizona Revised Statutes, is amended to
read:
For the purposes of section 28-6001, the director of the department of
Sec. 95. Section 28-6003, Arizona Revised Statutes, is amended to
read:
A. A person shall:
1. Make the payments to the director of the department of
2. Include a return form prescribed by the director of the department
of environmental quality indicating:
(a) The time period to which the return applies.
(b) The quantity of fuel used to measure the tax, less exclusions for
exports, shrinkage, loss and other exclusions as the director of the
department of environmental quality may allow by rule.
(c) The amount of the underground storage tank tax payment.
(d) The amount of any deductions taken pursuant to section 28-6004.
(e) Any other information required by the director of the department
of environmental quality.
B. A taxpayer is not required to obtain a separate license for tax
payments under this article.
Sec. 96. Section 28-6006, Arizona Revised Statutes, is amended to
read:
A. Section 28-5607, subsection B, section 28-5624, subsection D,
sections 28-5602, 28-5603, 28-5605, 28-5613, 28-5614, 28-5619, 28-5620,
28-5621, 28-5622
B. Penalties, late filing fees and interest collected by the
department of
Sec. 97. Section 28-6008, Arizona Revised Statutes, is amended to
read:
A. By the twentieth day of each month, the director of the department
of
B. The director of the department of
C. The director of the department of environmental quality shall
dispose of the monies transmitted according to section 49-1036.
Sec. 98. Section 28-6991, Arizona Revised Statutes, is amended to
read:
A state highway fund is established in the state treasury that consists
of:
1. Monies distributed from the Arizona highway user revenue fund
pursuant to chapter 18 of this title.
2. Monies appropriated by the legislature.
3. Monies received from donations for the construction, improvement
or maintenance of state highways or bridges. These monies shall be credited
to a special account and shall be spent only for the purpose indicated by the
donor.
4. Monies received from counties under cooperative agreements,
including proceeds from bond issues. The state treasurer shall deposit these
monies to the credit of the fund in a special account on delivery to the
treasurer of a concise written agreement between the department and the
county stating the purposes for which the monies are surrendered by the
county, and these monies shall be spent only as stated in the agreement.
5. Monies received from the United States under an act of Congress to
provide aid for the construction of rural post roads, but monies received on
projects for which the monies necessary to be provided by this state are
wholly derived from sources mentioned in paragraphs 2 and 3 of this section
shall be allotted by the department and deposited by the state treasurer in
the special account within the fund established for each project. On
completion of the project, on the satisfaction and discharge in full of all
obligations of any kind created and on request of the department, the
treasurer shall transfer the unexpended balance in the special account for
the project into the state highway fund, and the unexpended balance and any
further federal aid thereafter received on account of the project may be
spent under the general provisions of this title.
6. Monies in the custody of an officer or agent of this state from any
source that is to be used for the construction, improvement or maintenance
of state highways or bridges.
7. Monies deposited in the state general fund and arising from the
disposal of state personal property belonging to the department.
8. Receipts from the sale or disposal of any or all other property
held by the department and purchased with state highway monies.
9. Monies generated pursuant to section
10. Monies distributed pursuant to section 28-5808, subsection A,
paragraph 2, subdivision (d).
Sec. 99. Section 28-6993, Arizona Revised Statutes, is amended to
read:
A. Except as provided in subsection B of this section and section
28-6538, the state highway fund shall be used for any of the following
purposes in strict conformity with and subject to the budget as provided by
this section and by sections 28-6997 through 28-7003:
1. To pay salaries, wages, necessary travel expenses and other
expenses of officers and employees of the department and the incidental
office expenses, including telegraph, telephone, postal and express charges
and printing, stationery and advertising expenses.
2. To pay for both:
(a) Equipment, supplies, machines, tools, department offices and
laboratories established by the department.
(b) The construction and repair of buildings or yards of the
department.
3. To pay the cost of both:
(a) Engineering, construction, improvement and maintenance of state
highways and parts of highways forming state routes.
(b) Highways under cooperative agreements with the United States that
are entered into pursuant to this chapter and an act of Congress providing
for the construction of rural post roads.
4. To pay land damages incurred by reason of establishing, opening,
altering, relocating, widening or abandoning portions of a state route or
state highway.
5. To reimburse the department revolving account.
6. To pay premiums on authorized indemnity bonds and on compensation
insurance under the workers' compensation act.
7. To defray lawful expenses and costs required to administer and
carry out the intent, purposes and provisions of this title and to pay lawful
bills and charges incurred by the state engineer.
8. To acquire, construct or improve entry roads to state parks or
roads within state parks.
9. To acquire, construct or improve entry roads to state prisons.
10. To pay the cost of relocating a utility facility pursuant to
section 28-7156.
B. For each of the following fiscal years, the department shall
allocate and the state treasurer shall distribute monies in the state highway
fund to the department of public safety for funding a portion of highway
patrol costs in eight installments in each of the first eight months of a
fiscal year that do not exceed:
1. For the 1997-1998 fiscal year, fifteen million dollars.
2. For the 1998-1999 fiscal year, twelve million five hundred thousand
dollars.
3. For the 1999-2000 fiscal year and for all subsequent fiscal years,
ten million dollars.
Sec. 100. Title 28, Arizona Revised Statutes, is amended by adding
chapter 26, to read:
B. THE DIRECTOR IS RESPONSIBLE FOR THE ADMINISTRATION OF THE
DEPARTMENT.
1. REGISTER MOTOR VEHICLES.
2. LICENSE DRIVERS.
3. COLLECT REVENUES.
4. ENFORCE MOTOR VEHICLE STATUTES.
5. PERFORM DUTIES PRESCRIBED IN THIS CHAPTER AND CHAPTER 3, ARTICLES
17, 18 AND 19, CHAPTERS 4 AND 5, CHAPTER 6, ARTICLES 3 AND 4 AND CHAPTERS 7
THROUGH 16 OF THIS TITLE.
6. PERFORM RELATED FUNCTIONS.
B. THE DEPARTMENT MAY CONTRACT AND DO ALL THINGS NECESSARY TO SECURE
THE FULL BENEFITS AVAILABLE TO THIS STATE FOR MOTOR VEHICLE PURPOSES UNDER
FEDERAL LAW AND, IN DOING SO, MAY COOPERATE WITH FEDERAL, STATE AND LOCAL
GOVERNMENT AGENCIES, PRIVATE AND PUBLIC ORGANIZATIONS AND PRIVATE
INDIVIDUALS.
C. THIS CHAPTER SHALL NOT BE CONSTRUED TO AFFECT THE AUTHORITY OF
OTHER AGENCIES OR BOARDS OF THIS STATE OR POLITICAL SUBDIVISIONS FROM
ACCEPTING, RECEIVING OR SPENDING GRANTS OR OTHER MONIES FROM THE FEDERAL
GOVERNMENT OR ANY AGENCY OF THE FEDERAL GOVERNMENT FOR MOTOR VEHICLE PURPOSES
PURSUANT TO OTHER PROVISIONS OF LAW OR CHARTER.
B. THE VENTURE TEAM SHALL SELECT WORK AREAS FOR REVIEW AND
CONSULTATION WITH SENIOR MANAGEMENT FROM THE DEPARTMENT. DEPARTMENT MANAGERS
MAY SUGGEST WORK AREAS FOR THE VENTURE TEAM TO REVIEW. THE DIRECTOR SHALL
DEDICATE AT LEAST FOUR OF THE DEPARTMENT'S EMPLOYEES WITH APPROPRIATE
EXPERIENCE AND SKILLS TO PROVIDE STAFF SUPPORT FOR THE VENTURE TEAM. A
REPORT OF THE FINDINGS AND RECOMMENDATIONS REGARDING EACH STUDY SHALL BE
SUBMITTED TO THE VENTURE TEAM.
C. THE MEMBERS SHALL ELECT A CHAIRMAN FROM AMONG THE TEAM'S PRIVATE
SECTOR MEMBERS AND A VICE-CHAIRMAN FROM AMONG ITS MANAGER MEMBERS.
D. NOTWITHSTANDING SECTION 38-101, THE PRIVATE SECTOR MEMBERS ARE NOT
CONSIDERED PUBLIC OFFICERS AND ARE NOT SUBJECT TO FINANCIAL DISCLOSURE UNDER
TITLE 38, CHAPTER 3.1. THE PRIVATE SECTOR MEMBERS ARE SUBJECT TO TITLE 38,
CHAPTER 3, ARTICLE 8. VENTURE TEAM MEETINGS ARE EXEMPT FROM TITLE 38,
CHAPTER 3, ARTICLE 3.1.
E. THE MEMBERS OF THE VENTURE TEAM ARE NOT ELIGIBLE TO RECEIVE
COMPENSATION FOR THEIR SERVICES, BUT THE PRIVATE SECTOR MEMBERS ARE ELIGIBLE
TO RECEIVE REIMBURSEMENT FOR EXPENSES PURSUANT TO TITLE 38, CHAPTER 4,
ARTICLE 2.
F. THE VENTURE TEAM SHALL PERIODICALLY SUBMIT REPORTS OF ITS FINDINGS
AND RECOMMENDATIONS TO THE DIRECTOR. THE VENTURE TEAM AND DIRECTOR SHALL
SUBMIT VENTURE TEAM ANNUAL REPORTS TO THE GOVERNOR, THE PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
1. MONIES DEPOSITED PURSUANT TO SECTIONS 28-1143, 28-2004, 28-2404,
28-2412 THROUGH 28-2416, 28-3002, 28-4302, 28-4556, 28-5105, 28-5135,
28-5401, 28-5739, 28-5874, 28-5875 AND 28-9124, SECTION 28-5808, SUBSECTION
A, PARAGRAPH 2, SUBDIVISION
2. THE AIR QUALITY COMPLIANCE FEE COLLECTED PURSUANT TO SECTION
49-542.
3. DONATIONS RECEIVED PURSUANT TO SECTION 28-2269.
B. SUBJECT TO LEGISLATIVE APPROPRIATION AND EXCEPT AS PROVIDED IN
SUBSECTIONS C AND D OF THIS SECTION, THE DIRECTOR SHALL USE THE MONIES IN THE
MOTOR VEHICLE FUND FOR PURPOSES PRESCRIBED IN THIS CHAPTER AND CHAPTER 3,
ARTICLES 17, 18 AND 19, CHAPTERS 4 AND 5, CHAPTER 6, ARTICLES 3 AND 4 AND
CHAPTERS 7 THROUGH 16 OF THIS TITLE.
C. THE DEPARTMENT SHALL USE MONIES DEPOSITED IN THE MOTOR VEHICLE FUND
PURSUANT TO CHAPTER 5, ARTICLE 5 OF THIS TITLE ONLY AS PRESCRIBED BY THAT
ARTICLE.
D. MONIES DEPOSITED IN THE MOTOR VEHICLE FUND PURSUANT TO SECTION
28-2269 SHALL BE USED ONLY AS PRESCRIBED BY THAT SECTION.
B. THE DEPARTMENT OF ADMINISTRATION IN CONSULTATION WITH THE
GOVERNOR'S OFFICE SHALL PREPARE A JOB DESCRIPTION FOR THE POSITION OF
DIRECTOR AND SHALL RECRUIT CANDIDATES FOR THE POSITION.
C. THE DIRECTOR IS ELIGIBLE TO RECEIVE COMPENSATION PURSUANT TO
SECTION 38-611.
1. SUPERVISE AND ADMINISTER THE OVERALL ACTIVITIES OF THE DEPARTMENT
AND ITS DIVISIONS AND EMPLOYEES.
2. APPOINT ASSISTANT DIRECTORS FOR EACH OF THE DIVISIONS.
3. PROVIDE FOR THE ASSEMBLY AND DISTRIBUTION OF INFORMATION TO THE
PUBLIC CONCERNING DEPARTMENT ACTIVITIES.
4. DELEGATE FUNCTIONS, DUTIES OR POWERS AS THE DIRECTOR DEEMS
NECESSARY TO CARRY OUT THE EFFICIENT OPERATION OF THE DEPARTMENT.
5. DESIGNATE THE NECESSARY AGENCIES FOR ENFORCING THE PROVISIONS OF
THE LAWS THE DIRECTOR ADMINISTERS OR ENFORCES.
6. EXERCISE OTHER DUTIES OR POWERS AS THE DIRECTOR DEEMS NECESSARY TO
CARRY OUT THE EFFICIENT OPERATION OF THE DEPARTMENT.
B. THE ASSISTANT DIRECTORS APPOINTED PURSUANT TO SUBSECTION A ARE
EXEMPT FROM THE STATE PERSONNEL SYSTEM.
1. COLLECTION OF TAXES AND LICENSE FEES.
2. PUBLIC SAFETY AND CONVENIENCE.
3. ENFORCEMENT OF THE PROVISIONS OF THE LAWS THE DIRECTOR ADMINISTERS
OR ENFORCES.
B. A PEACE OFFICER DESIGNATED PURSUANT TO SUBSECTION A OF THIS
SECTION:
1. SHALL MEET THE MINIMUM QUALIFICATIONS ESTABLISHED FOR PEACE
OFFICERS PURSUANT TO SECTION 41-1822.
2. EXCEPT AS PROVIDED IN TITLE 38, CHAPTER 5, ARTICLE 4, IS NOT
ELIGIBLE TO PARTICIPATE IN THE PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM.
C. THIS SECTION DOES NOT PREEMPT THE AUTHORITY AND JURISDICTION OF
ESTABLISHED AGENCIES AND POLITICAL SUBDIVISIONS OF THIS STATE.
D. A PEACE OFFICER AS DEFINED IN SECTION 41-1701 OR A PEACE OFFICER
DESIGNATED IN SUBSECTION A OF THIS SECTION MAY REQUIRE A VEHICLE THAT IS
SUBJECT TO THE FEE IN SECTION 28-5433 OR THE REQUIREMENTS OF SECTIONS 28-2321
THROUGH 28-2324 TO STOP AT A PORT OF ENTRY IN THIS STATE FOR THE PURPOSE OF
ENFORCING A MOTOR VEHICLE LAW PRESCRIBED IN THIS TITLE. A PERSON WHO FAILS
TO STOP AS REQUIRED BY THIS SUBSECTION IS GUILTY OF A CLASS 1 MISDEMEANOR.
B. THE DIRECTOR SHALL DETERMINE THE TOTAL AMOUNT OF THE BOND REQUIRED
OF A PERSON, BUT THE AMOUNT SHALL NOT EXCEED APPROXIMATELY THREE TIMES THE
HIGHEST MONTHLY FEE ESTIMATED BY THE DIRECTOR TO BECOME DUE BY THE PERSON.
THE DIRECTOR MAY INCREASE OR DECREASE THE AMOUNT OF THE BOND AT ANY TIME.
B. THE DIRECTOR SHALL TRANSMIT FEES FOR RETURNED CHECKS THAT WERE
SUBMITTED FOR TITLING AND REGISTERING VEHICLES TO THE STATE TREASURER FOR
DEPOSIT IN THE MOTOR VEHICLE FUND ESTABLISHED BY SECTION 28-9106. THE
DIRECTOR SHALL TRANSMIT ALL OTHER FEES COLLECTED UNDER SUBSECTION A OF THIS
SECTION TO THE STATE TREASURER FOR DEPOSIT IN THE HIGHWAY USER REVENUE FUND.
B. EXCEPT AS PROVIDED IN THIS SECTION AND EXCEPT AS OTHERWISE PROVIDED
IN THIS TITLE, APPLICATION FEES, PUBLIC RECORD FEES, PERMIT FEES, LICENSE
FEES AND FEES AND TAXES PAID FOR VEHICLE REGISTRATION ARE NOT REFUNDABLE
AFTER THEY ARE PAID.
C. NOTWITHSTANDING SUBSECTION B, THE DIRECTOR MAY REFUND THE FEES
PRESCRIBED IN SUBSECTION B IF BOTH OF THE FOLLOWING CONDITIONS EXIST:
1. THE SERVICE HAS NOT BEEN RENDERED OR THE PERMIT HAS NOT BEEN USED.
2. IT HAS BEEN DETERMINED THAT THE DIRECTOR ERRED IN ACCEPTING PAYMENT
OR THAT THE DIRECTOR CONTRIBUTED TO A MISUNDERSTANDING ON THE PART OF THE
PERSON MAKING PAYMENT BY PROVIDING INACCURATE, MISLEADING OR INCORRECT
INFORMATION.
D. EXCEPT AS OTHERWISE PROVIDED BY STATUTE, A PERSON SHALL MAKE A
REQUEST FOR A REFUND TO THE DIRECTOR WITHIN ONE YEAR OF THE DATE OF PAYMENT
ON WHICH A CLAIM FOR REFUND IS MADE.
B. THE COLLECTING OFFICER SHALL DEDUCT ANY FEE CHARGED OR WITHHELD BY
A COMPANY PROVIDING THE ALTERNATIVE PAYMENT METHOD UNDER AN AGREEMENT WITH
THE DIRECTOR BEFORE THE REVENUES ARE TRANSFERRED TO THE DIRECTOR AS PROVIDED
IN SECTIONS 28-2005 AND 28-6533.
B. THE DIRECTOR MAY NEGOTIATE AND ENTER INTO BILATERAL AGREEMENTS WITH
DESIGNATED REPRESENTATIVES OF CONTIGUOUS STATES TO PROVIDE FOR THE STAFFING
AND OPERATION OF JOINTLY OCCUPIED PORTS OF ENTRY LOCATED WITHIN THE
BOUNDARIES OF THIS STATE OR AN ADJOINING STATE. THE AGREEMENT MAY ALLOW
EMPLOYEES OF EITHER STATE TO COLLECT FEES, TAXES AND PENALTIES IMPOSED BY
RULES OR LAWS OF EITHER STATE FOR THE OPERATION OF VEHICLES ON THE HIGHWAYS
OF EITHER STATE AND FOR THE ISSUANCE OF REQUIRED PERMITS.
C. THE DIRECTOR MAY APPOINT EMPLOYEES OF THE ADJOINING STATE AS LAW
ENFORCEMENT AGENTS OF THE DEPARTMENT WHOSE POWERS ARE STRICTLY LIMITED TO THE
ENFORCEMENT OF TAX, WEIGHT, SIZE AND LOAD, EQUIPMENT, SAFETY AND FINANCIAL
RESPONSIBILITY LAWS AND RULES OF THIS STATE RELATING TO VEHICLES ENTERING OR
EXITING THIS STATE. THE DIRECTOR MAY ALLOW EMPLOYEES OF THE DEPARTMENT TO
ACCEPT SIMILAR APPOINTMENTS WITH THE ADJOINING STATES.
D. THE AGREEMENT SHALL PROVIDE THAT THIS STATE SHALL NOT COMPENSATE
AN EMPLOYEE OF THE ADJOINING STATE APPOINTED PURSUANT TO THIS SECTION AND
THAT THE EMPLOYEE IS NOT AN EMPLOYEE OF THIS STATE FOR PURPOSES OF EMPLOYMENT
RIGHTS OR BENEFITS. AN EMPLOYEE OF THE ADJOINING STATE SHALL AGREE THAT THIS
STATE SHALL NOT COMPENSATE THE EMPLOYEE AND THAT THE EMPLOYEE IS NOT AN
EMPLOYEE OF THIS STATE FOR PURPOSES OF EMPLOYMENT RIGHTS OR BENEFITS.
E. AN EMPLOYEE OF THIS STATE WHO ACCEPTS AN APPOINTMENT FROM AN
ADJOINING STATE IS NOT AN EMPLOYEE OF THAT STATE BY VIRTUE OF THE APPOINTMENT
OR FOR PURPOSES OF EMPLOYMENT RIGHTS OR BENEFITS. THE EMPLOYEE SHALL NOT
RECEIVE COMPENSATION FROM AN ADJOINING STATE.
B. THIS STATE SHALL GRANT THE SAME PARKING PRIVILEGES AS GRANTED TO
A RESIDENT OF THIS STATE TO A NONRESIDENT FOR A MOTOR VEHICLE THAT IS
LICENSED IN ANOTHER STATE OR FOREIGN COUNTRY AND THAT DISPLAYS THE
INTERNATIONAL SYMBOL OF ACCESS SPECIAL PLATES ISSUED IN ACCORDANCE WITH THE
LAWS OF THE NONRESIDENT STATE OR FOREIGN COUNTRY EVEN IF A WRITTEN AGREEMENT
TO DO SO DOES NOT EXIST BETWEEN THIS STATE AND THE NONRESIDENT'S STATE OR
FOREIGN COUNTY.
1. SUBJECT TO THE LIMITATIONS OF SECTION 41-2544, ENTER INTO
AGREEMENTS BY DIRECT CONTRACT WITH PUBLIC AND PRIVATE ENTITIES FOR SERVICES
LOCATED IN DEPARTMENT OFFICES THAT THE DIRECTOR DEEMS OF MUTUAL INTEREST TO
BOTH PARTIES.
2. FOR COMPENSATION, ENTER INTO AGREEMENTS BY DIRECT CONTRACT WITH
PUBLIC AND PRIVATE ENTITIES TO ADVERTISE THOSE ENTITIES' GOODS AND SERVICES.
3. ENTER INTO AGREEMENTS WITH PUBLIC AND PRIVATE ENTITIES TO AUTHORIZE
THOSE ENTITIES TO PERFORM CERTAIN FUNCTIONS AND DUTIES OF THE DEPARTMENT.
B. NO LATER THAN JULY 1, 2000, CUSTOMER TRANSACTION FUNCTIONS OF THE
DEPARTMENT SHALL BE AVAILABLE TO THE PUBLIC FROM CONTRACTORS THAT ENTER INTO
AGREEMENTS WITH THE DEPARTMENT.
B. THE DEPARTMENT MAY DISTRIBUTE, LICENSE, LEASE OR SELL COMPUTER
SOFTWARE DEVELOPED BY THE DEPARTMENT TO PRIVATE ENTITIES, OTHER AGENCIES OR
POLITICAL SUBDIVISIONS OF THIS STATE AND THIRD PARTIES AUTHORIZED PURSUANT
TO SECTION 28-3006 AND CHAPTER 13 OF THIS TITLE. IF THE DEPARTMENT
DISTRIBUTES, LICENSES, LEASES OR SELLS COMPUTER SOFTWARE DEVELOPED BY THE
DEPARTMENT TO OTHER AGENCIES OR POLITICAL SUBDIVISIONS OF THIS STATE, THE
DEPARTMENT MAY ENTER INTO A SITE LICENSE CONTRACT WITH THE AGENCY OR
POLITICAL SUBDIVISION OF THIS STATE. OTHER AGENCIES AND POLITICAL
SUBDIVISIONS OF THIS STATE AND AUTHORIZED THIRD PARTIES THAT ACQUIRE COMPUTER
SOFTWARE FROM THE DEPARTMENT PURSUANT TO THIS SUBSECTION SHALL NOT
DISTRIBUTE, LICENSE, LEASE OR SELL THE COMPUTER SOFTWARE TO ANY OTHER PERSON.
C. THE DEPARTMENT MAY ENTER INTO AGREEMENTS WITH OTHER AGENCIES AND
POLITICAL SUBDIVISIONS IN THIS STATE FOR THE MAINTENANCE AND SUPPORT OF
COMPUTER SOFTWARE ACQUIRED BY AN AGENCY OR POLITICAL SUBDIVISION PURSUANT TO
SUBSECTION B OF THIS SECTION.
D. THE DIRECTOR SHALL TRANSMIT MONIES GENERATED PURSUANT TO THIS
SECTION TO THE STATE TREASURER FOR DEPOSIT IN THE MOTOR VEHICLE FUND
ESTABLISHED BY SECTION 28-9106.
1. "DUPLICATE" MEANS A COUNTERPART PRODUCED BY ANY OF THE FOLLOWING:
(a)
(b)
(c)
(d)
(e)
2. "ORIGINAL":
(a)
(b)
(c)
3. "PHOTOGRAPHS" INCLUDES STILL PHOTOGRAPHS, X-RAY FILMS, VIDEOTAPES
AND MOTION PICTURES.
4. "WRITINGS" AND "RECORDINGS" MEANS LETTERS, WORDS OR NUMBERS OR
THEIR EQUIVALENT THAT ARE SET DOWN BY HANDWRITING, TYPEWRITING, PRINTING,
PHOTOSTATING, PHOTOGRAPHING, MAGNETIC IMPULSE, MECHANICAL OR ELECTRONIC
RECORDING OR ANY OTHER FORM OF DATA COMPILATION.
B. WHEN THE DUPLICATES ARE PLACED IN CONVENIENTLY ACCESSIBLE FILES AND
PROVISIONS ARE MADE FOR PRESERVING, EXAMINING AND USING THEM, THE DIRECTOR
OF THE DEPARTMENT OF MOTOR VEHICLES MAY CERTIFY THE PLACEMENT AND PROVISION
TO THE DIRECTOR OF THE DEPARTMENT OF LIBRARY, ARCHIVES AND PUBLIC RECORDS.
THE DIRECTOR OF THE DEPARTMENT OF LIBRARY, ARCHIVES AND PUBLIC RECORDS SHALL
DIRECT THE DISPOSAL, ARCHIVAL STORAGE OR DESTRUCTION OF THE RECORDS OR PAPERS
WITHIN NINETY DAYS AFTER THE CERTIFICATION.
B. A DUPLICATE OF THE INFORMATION PLACED ON COMPUTER STORAGE DEVICES
IS DEEMED AN ORIGINAL OF THE WRITING, RECORDING OR PHOTOGRAPH FOR ALL
PURPOSES AND IS ADMISSIBLE IN EVIDENCE WITHOUT FURTHER FOUNDATION IN ALL
COURTS OR ADMINISTRATIVE AGENCIES IF THE FOLLOWING CERTIFICATION APPEARS ON
EACH PAGE:
B. EACH ASSISTANT DIRECTOR SHALL USE THE DIRECTOR'S SEAL TO
AUTHENTICATE RECORDS REQUIRED TO BE MADE AND KEPT WITHIN THE ASSISTANT
DIRECTOR'S DIVISION.
C. AUTHENTICATED RECORDS OR AUTHENTICATED COPIES OF RECORDS SHALL BE
RECEIVED IN EVIDENCE WITHOUT FURTHER PROOF OF THEIR AUTHENTICITY.
B. THE DEPARTMENT MAY SELL STAMPS OR COUPONS IN APPROPRIATE
DENOMINATIONS FOR THE CONVENIENT ENFORCEMENT OF THIS SECTION. THE STAMPS OR COUPONS MAY BE USED TO ACCOMPANY REQUESTS FOR INFORMATION IN LIEU OF CASH BUT
ARE OTHERWISE NONREDEEMABLE. THE DEPARTMENT SHALL CANCEL THE STAMPS OR
COUPONS ON FURNISHING THE INFORMATION.
C. THE DEPARTMENT SHALL NOT CHARGE ANY OF THE FOLLOWING FOR COPIES OF
RECORDS, FOR CERTIFIED COPIES OF RECORDS OR FOR INFORMATION FURNISHED FROM
ITS RECORDS:
1. THIS STATE OR ITS DEPARTMENTS, AGENCIES OR POLITICAL SUBDIVISIONS.
2. A COURT.
3. THE FEDERAL GOVERNMENT OR ITS AGENCIES.
D. THE DEPARTMENT SHALL FURNISH CERTIFIED COPIES OF PUBLIC RECORDS
DESIGNATED PURSUANT TO SECTION 28-9188 TO ANY PERSON ON PAYMENT OF A FEE OF
FIVE DOLLARS.
E. THIS SECTION DOES NOT APPLY TO INFORMATION REQUIRED BY LAW TO BE
KEPT CONFIDENTIAL OR TO STATISTICAL INFORMATION, THE PURPOSE OF WHICH RELATES
TO TRAFFIC ACCIDENTS, TRAFFIC OFFENSES OR TRAFFIC ENFORCEMENT.
F. THE DIRECTOR SHALL IMMEDIATELY TRANSMIT FEES COLLECTED UNDER THIS
SECTION TO THE STATE TREASURER FOR IMMEDIATE DEPOSIT IN THE MOTOR VEHICLE
FUND ESTABLISHED BY SECTION 28-9106.
B. IF THE DEPARTMENT IS REQUIRED OR AUTHORIZED TO REVOKE, SUSPEND OR
CANCEL A DRIVER LICENSE OR TO SUSPEND VEHICLE REGISTRATIONS PURSUANT TO
CHAPTER 9 OF THIS TITLE, IT SHALL NOTIFY THE HOLDER BY A WRITTEN NOTICE THAT
INCLUDES A CITATION TO THE STATUTE OR RULE UNDER WHICH THE ACTION IS
AUTHORIZED OR REQUIRED. THE DEPARTMENT SHALL RETAIN A COPY OF THE NOTICE.
THE COPY OF THE NOTICE SHALL CONTAIN A CERTIFICATION THAT THE ORIGINAL NOTICE
WAS MAILED AND THE DATE THE NOTICE WAS MAILED. THE COPY OF THE NOTICE IS A
PUBLIC RECORD. IF THE COPY IS ADDRESSED TO A LICENSEE AT THE ADDRESS LAST
SHOWN ON THE DEPARTMENT'S RECORDS, AS EVIDENCED BY THE PERSON'S DRIVER
LICENSE APPLICATION OR SUBSEQUENT NOTIFICATION PURSUANT TO SECTION 28-9189
BY THE PERSON OF A DIFFERENT ADDRESS, IT IS PRESUMED, UNLESS OTHERWISE SHOWN
BY CLEAR AND CONVINCING EVIDENCE, THAT THE PERSON TO WHOM THE NOTICE WAS
ADDRESSED RECEIVED THE ORIGINAL NOTICE.
C. THE DEPARTMENT MAY PLACE NOTES, DATE STAMPS, IDENTIFYING NUMBERS
OR OTHER INFORMATION ON AN APPLICATION, A RECORD OF CONVICTION OR ANY OTHER
RECORD AS IS NECESSARY TO ENSURE THE ACCURACY OF THE RECORD AND TO EXPEDITE
ITS HANDLING. THE INFORMATION DOES NOT AFFECT THE VALIDITY OF A RECORD,
EXCEPT THAT THE MARKINGS ARE NOT CONSIDERED A PART OF THE RECORD FOR EVIDENTIARY PURPOSES UNLESS PROVEN ACCURATE BY OTHER RECORDS OF THE
DEPARTMENT OR OTHER COMPETENT EVIDENCE.
1. IF A REGISTRATION OR TITLE IS APPLIED FOR OR RECEIVED, THE NUMBER
OF VEHICLES REGISTERED TO THE PERSON AND THE VEHICLE IDENTIFICATION NUMBERS
OF THE VEHICLES.
2. IF A DRIVER LICENSE OR NONOPERATING IDENTIFICATION LICENSE IS
APPLIED FOR OR RECEIVED, THE PERSON'S DATE OF BIRTH AND THE NUMBER OF EACH
LICENSE HELD BY THE PERSON OR A STATEMENT THAT EACH LICENSE IS SUSPENDED,
REVOKED OR CANCELED.
B. A PERSON MAY NOTIFY THE DEPARTMENT OF AN ADDRESS CHANGE BY
TELEPHONE, IN WRITING OR IN PERSON AND OF A NAME CHANGE IN PERSON OR IN
WRITING.
C. THE DEPARTMENT MAY UPDATE AN ADDRESS IN A VEHICLE REGISTRATION
RECORD OR DRIVER LICENSE RECORD IF A TRAFFIC CITATION RECEIVED BY THE
DEPARTMENT OR RECORDS OF ANOTHER CONSENTING GOVERNMENT AGENCY INDICATE AN
ADDRESS CHANGE AFTER THE DATE THE ADDRESS WAS STATED IN DEPARTMENT RECORDS.
D. A VIOLATION OF THIS SECTION IS A CIVIL TRAFFIC VIOLATION.
B. A PERSON WHO REQUESTS A COPY OF OR INFORMATION FROM A PUBLIC RECORD
DESIGNATED PURSUANT TO SECTION 28-9188 SHALL PRESENT PERSONAL IDENTIFICATION
AND STATE THE REASON FOR MAKING THE REQUEST. THE DEPARTMENT SHALL VERIFY THE
NAME AND ADDRESS OF THE PERSON MAKING THE REQUEST BY REQUIRING THE PERSON TO
PRODUCE INFORMATION THE DEPARTMENT DETERMINES IS NECESSARY TO ENSURE THAT THE
NAME AND ADDRESS OF THE PERSON ARE THE PERSON'S TRUE NAME AND ADDRESS.
C. THE DEPARTMENT MAY SUPPLY THE REQUESTED INFORMATION BY MAIL.
D. THE DEPARTMENT SHALL MAINTAIN A FILE OF REQUESTS FOR INFORMATION
FOR SIX MONTHS. THE DEPARTMENT SHALL MAINTAIN THE FILE BY THE NAME OF THE
PERSON WHOSE RECORD WAS REQUESTED.
1. DIVULGE INFORMATION FROM A VEHICLE TITLE OR REGISTRATION RECORD
UNLESS THE PERSON WHO REQUESTS THE INFORMATION PROVIDES TO THE DEPARTMENT ALL
OF THE FOLLOWING:
(a)
(b)
(c)
2. RELEASE A COPY OF A RECORD OR DIVULGE INFORMATION CONCERNING A
PERSON'S DRIVING RECORD UNLESS THE PERSON REQUESTING THE DRIVING RECORD
PROVIDES TO THE DEPARTMENT ALL OF THE FOLLOWING:
(a)
(b)
(c)
B. SUBSECTION A OF THIS SECTION DOES NOT APPLY TO:
1. A STATE OR ITS DEPARTMENTS, AGENCIES OR POLITICAL SUBDIVISIONS.
2. ANY AGENT OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY WHO HAS A
VALID CONTRACT TO CONDUCT THE RANDOM ON-ROAD TESTING PROGRAM PRESCRIBED BY
SECTION 49-542.01.
3. A COURT.
4. A LAW ENFORCEMENT OFFICER.
5. A LICENSED PRIVATE INVESTIGATOR.
6. A FINANCIAL INSTITUTION OR ENTERPRISE UNDER THE JURISDICTION OF THE
STATE BANKING DEPARTMENT OR A FEDERAL MONETARY AUTHORITY.
7. THE FEDERAL GOVERNMENT OR ITS AGENCIES.
8. AN ATTORNEY WHO IS ADMITTED TO PRACTICE IN THIS STATE AND WHO
ALLEGES THAT THE INFORMATION IS RELEVANT TO A PENDING OR POTENTIAL COURT
PROCEEDING.
9. A MOTOR VEHICLE DEALER WHO IS LICENSED AND BONDED BY THE DEPARTMENT
OR A STATE ORGANIZATION OF LICENSED AND BONDED MOTOR VEHICLE DEALERS.
10. THE RELEASE OF ANY OF THE FOLLOWING INFORMATION TO A PERSON WHO IS
INVOLVED IN AN ACCIDENT OR TO THE OWNER OF A VEHICLE INVOLVED IN AN ACCIDENT
IF THE PERSON WHO REQUESTS THE INFORMATION SUBMITS PROOF TO THE DEPARTMENT
OF INVOLVEMENT IN THE ACCIDENT:
(a)
(b)
11. THE RELEASE OF THE DRIVING RECORD OR TITLE AND REGISTRATION RECORD
IF THAT RECORD IS FOR THE REQUESTER'S VEHICLE OR IS THE REQUESTER'S OWN
DRIVING RECORD, EXCEPT THAT THE DIRECTOR MAY REQUIRE ANY INFORMATION FROM THE
REQUESTER THAT IS DEEMED NECESSARY TO ENSURE THAT THE REQUESTER IS ENTITLED
TO RECEIVE THE RECORD.
12. AN INSURER THAT WRITES AUTOMOBILE LIABILITY OR MOTOR VEHICLE
LIABILITY POLICIES AND THAT IS UNDER THE JURISDICTION OF THE DEPARTMENT OF INSURANCE, EXCEPT THAT AN INSURER OR ITS AUTHORIZED AGENT REQUESTING
INFORMATION PURSUANT TO SUBSECTION A OF THIS SECTION SHALL PROVIDE TWO OF THE
THREE REQUIREMENTS UNDER SUBSECTION A, PARAGRAPH 1 OR 2 OF THIS SECTION
BEFORE THE DEPARTMENT DIVULGES OR RELEASES THE INFORMATION.
13. THE RELEASE OF A TITLE AND REGISTRATION RECORD IF ALL OF THE
FOLLOWING CONDITIONS EXIST:
(a)
(b)
(c)
C. AN AUTHORIZED AGENT SHALL PROMPTLY DELIVER INFORMATION RECEIVED
FROM THE DEPARTMENT PURSUANT TO SUBSECTION A OF THIS SECTION AND SUBSECTION
B, PARAGRAPH 12 OF THIS SECTION TO THE INSURER THAT ORIGINALLY REQUESTED THE
INFORMATION. AN AUTHORIZED AGENT SHALL NOT COPY, RETAIN OR TRANSFER BY ANY
MEANS ANY OF THE INFORMATION FOR THE AUTHORIZED AGENT'S OWN USE OR FOR USE
BY PERSONS OTHER THAN THE INSURER THAT ORIGINALLY REQUESTED THE INFORMATION.
D. THE DEPARTMENT SHALL NOT RELEASE TO AN INSURER, BROKER, MANAGING
GENERAL AGENT, AUTHORIZED AGENT OR INSURANCE AGENT ANY INFORMATION IN A
PERSON'S DRIVING RECORD PERTAINING TO A TRAFFIC VIOLATION THAT OCCURRED FORTY
MONTHS OR MORE BEFORE THE DATE OF THE REQUEST FOR THE RELEASE OF THE
INFORMATION.
E. AN AUTHORIZED AGENT WHO COMMITS ANY OF THE FOLLOWING ACTS WITH
REGARD TO INFORMATION RECEIVED PURSUANT TO SUBSECTION A OF THIS SECTION AND
SUBSECTION B, PARAGRAPH 12 OF THIS SECTION IS GUILTY OF A CLASS 1
MISDEMEANOR:
1. USES A FALSE REPRESENTATION TO OBTAIN INFORMATION FROM A DEPARTMENT
RECORD.
2. SELLS OR OTHERWISE DISTRIBUTES THE INFORMATION OBTAINED FROM THE
DEPARTMENT TO A PERSON OR ORGANIZATION FOR PURPOSES THAT ARE NOT DISCLOSED
IN THE REQUEST.
3. VIOLATES SUBSECTION C OF THIS SECTION.
F. FOR THE PURPOSES OF THIS SECTION, "AUTHORIZED AGENT" MEANS A THIRD
PARTY RETAINED BY AN INSURER FOR THE PURPOSE OF REQUESTING DEPARTMENT
INFORMATION PURSUANT TO SUBSECTION A OF THIS SECTION AND SUBSECTION B,
PARAGRAPH 12 OF THIS SECTION BUT DOES NOT INCLUDE AN AGENT AS DEFINED IN
SECTION 20-282, A BROKER AS DEFINED IN SECTION 20-283 OR A MANAGING GENERAL
AGENT AS DEFINED IN SECTION 20-284.
B. IF A COMPUTER IS USED, THE DIRECTOR SHALL PRESERVE APPLICATIONS OR
RECORDS FROM WHICH THE INFORMATION WAS OBTAINED FOR AS LONG AS REQUIRED BY
LAW OR UNTIL A NEW APPLICATION IS FILED BY AN APPLICANT OR A NEW RECORD IS
RECEIVED AND THE APPLICATION OR RECORD IS NO LONGER NEEDED TO CARRY OUT THE
PROVISIONS OF THIS TITLE.
C. THE DIRECTOR IS NOT REQUIRED TO STORE SIGNATURES ON APPLICATIONS
OR ON RECORDS.
1. SUPPLY INFORMATION FOR COMMERCIAL PURPOSES IF THE INFORMATION IS
TRANSMITTED IN A MACHINE READABLE FORM SUCH AS COMPUTER MAGNETIC TAPE TO THE
PERSON MAKING THE REQUEST.
2. SELL RECORDS INFORMATION, EXCEPT DRIVER HISTORIES, FOR COMMERCIAL
PURPOSES.
B. A COMMERCIAL RECORDS REQUESTER SHALL NOT SELL OR RELEASE A VEHICLE
IDENTIFICATION NUMBER, LICENSE PLATE NUMBER, DRIVER LICENSE NUMBER OR DATE
OF BIRTH THAT IS OBTAINED FROM THE RECORDS INFORMATION PURCHASED, EXCEPT THAT
THE DIRECTOR MAY APPROVE SPECIFIC PURPOSES FOR WHICH A RECORDS INFORMATION
REQUESTER MAY RELEASE THE VEHICLE IDENTIFICATION NUMBER TO A VEHICLE
MANUFACTURER.
C. THE DEPARTMENT OR A COMMERCIAL RECORDS REQUESTER SHALL NOT SELL OR
RELEASE AN INDIVIDUAL RECORD OR ANY RECORDS INFORMATION FOR ANY COMMERCIAL
PURPOSE BASED ON A REQUEST THAT PROVIDES ONE OR MORE FACTORS UNIQUE TO A
SINGLE RECORD, EXCEPT THAT THE DIRECTOR MAY APPROVE:
1. THE SALE OR RELEASE BY A RECORDS INFORMATION REQUESTER OF THE
INFORMATION IF THE DIRECTOR DETERMINES THE SALE OR RELEASE IS NECESSARY FOR
THE PUBLIC HEALTH OR SAFETY.
2. THE USE OF THE INFORMATION BY A RECORDS INFORMATION REQUESTER IF
THE DIRECTOR DETERMINES THAT THE USE IS FOR GENERAL RESEARCH OR GENERAL
STATISTICAL PURPOSES THAT DO NOT PROVIDE SPECIFIC FACTORS FROM A RECORD.
D. THE DIRECTOR SHALL CHARGE A MINIMUM OF SIX HUNDRED DOLLARS PER
MILLION RECORDS SEARCHED AND A MINIMUM OF THIRTY DOLLARS PER THOUSAND RECORDS
PROVIDED. THE DIRECTOR MAY PRORATE THE CHARGE FOR FRACTIONAL QUANTITIES THAT
ARE SEARCHED OR PROVIDED.
E. THE DIRECTOR SHALL NOT PROVIDE RECORDS FOR A COMMERCIAL PURPOSE TO
ANY PERSON CONVICTED OF A CLASS 1 MISDEMEANOR PURSUANT TO SUBSECTION H OF
THIS SECTION FOR A PERIOD OF FIVE YEARS AFTER CONVICTION.
F. IN PROVIDING A RECORD FOR A COMMERCIAL PURPOSE, THE DEPARTMENT
SHALL NOT DISCLOSE THE STREET OR RESIDENCE ADDRESS OF A PERSON WHO HAS
PROVIDED THE DEPARTMENT WITH AN ALTERNATE MAILING ADDRESS FOR THE DRIVER
RECORD, THE TITLE AND REGISTRATION RECORD OR THE MOBILE HOME RECORD. IF NO
ALTERNATE MAILING ADDRESS HAS BEEN PROVIDED TO THE DEPARTMENT, THE DEPARTMENT
SHALL PROVIDE THE STREET OR RESIDENCE ADDRESS OF THE PERSON TO THE COMMERCIAL
REQUESTER.
G. THE DEPARTMENT SHALL PROVIDE IN A CLEAR AND CONSPICUOUS MANNER:
1. NOTICE ON FORMS FOR ISSUANCE OR RENEWAL OF DRIVER LICENSES,
NONOPERATING IDENTIFICATION LICENSES, TITLE AND REGISTRATION THAT INFORMATION
COLLECTED BY THE DEPARTMENT MAY BE DISCLOSED TO ANY PERSON REQUESTING
INFORMATION FOR ANY COMMERCIAL PURPOSE PURSUANT TO THIS SECTION.
2. AN OPPORTUNITY ON FORMS FOR ISSUANCE OR RENEWAL OF DRIVER LICENSES,
NONOPERATING IDENTIFICATION LICENSES, TITLE AND REGISTRATION FOR EACH PERSON
WHO IS THE SUBJECT OF A RECORD OF THE DEPARTMENT TO PROHIBIT THE DISCLOSURE
OF INFORMATION CONTAINED IN THE PERSON'S RECORD TO ANY PERSON REQUESTING
INFORMATION FOR ANY COMMERCIAL PURPOSE PURSUANT TO THIS SECTION.
H. A PERSON WHO COMMITS ANY OF THE FOLLOWING ACTS WITH REGARD TO
RECORDS REQUESTED FOR A COMMERCIAL PURPOSE IS GUILTY OF A CLASS 1
MISDEMEANOR:
1. WITHOUT AUTHORIZATION, KNOWINGLY DISCLOSES INFORMATION FROM ANY
DEPARTMENT RECORD.
2. USES A FALSE REPRESENTATION TO OBTAIN INFORMATION FROM A DEPARTMENT
RECORD.
3. USES INFORMATION OBTAINED FROM A DEPARTMENT RECORD FOR A PURPOSE
OTHER THAN THE ONE STATED IN THE REQUEST.
4. SELLS OR MAKES OTHER DISTRIBUTION OF THE INFORMATION OBTAINED FROM
THE DEPARTMENT TO A PERSON OR ORGANIZATION FOR PURPOSES THAT ARE NOT
DISCLOSED IN THE REQUEST.
5. VIOLATES THIS SECTION.
I. FOR THE PURPOSES OF THIS SECTION, "COMMERCIAL PURPOSE" MEANS A
PURPOSE THAT IS NOT ILLEGAL AND FOR WHICH THE REQUESTER CAN REASONABLY EXPECT
A MONETARY GAIN THROUGH THE CONTACT OF PERSONS BY MAIL, THROUGH THE COMPILING
OF STATISTICS OR BY PROVIDING RESEARCH SERVICES. COMMERCIAL PURPOSE DOES NOT
MEAN THE USE OF A PUBLIC RECORD AS EVIDENCE OR AS RESEARCH FOR EVIDENCE IN
AN ACTION IN A JUDICIAL OR QUASI-JUDICIAL BODY OF THIS STATE OR A POLITICAL
SUBDIVISION OF THIS STATE.
B. A PEACE OFFICER MAY REQUEST THIS ACTION BY FILING AN AFFIDAVIT THAT
STATES ALL OF THE FOLLOWING:
1. THE PEACE OFFICER'S NAME.
2. THE POSITION THE PEACE OFFICER CURRENTLY HOLDS AND A DESCRIPTION
OF THE PEACE OFFICER'S DUTIES.
3. THE REASONS THE PEACE OFFICER REASONABLY BELIEVES THAT THE PEACE
OFFICER'S LIFE OR SAFETY OR THAT OF ANOTHER PERSON IS IN DANGER AND THAT
REDACTING THE RESIDENTIAL ADDRESS AND TELEPHONE NUMBER FROM THE DEPARTMENT'S
PUBLIC RECORDS WILL SERVE TO REDUCE THE DANGER.
C. THE AFFIDAVIT SHALL BE FILED WITH THE PRESIDING JUDGE OF THE
SUPERIOR COURT IN THE COUNTY IN WHICH THE AFFIANT RESIDES. TO PREVENT A
MULTIPLICITY OF FILINGS, A PEACE OFFICER SHALL DELIVER THE AFFIDAVIT TO THE
PEACE OFFICER'S COMMANDING OFFICER, WHO SHALL FILE THE AFFIDAVITS AT ONE
TIME. IN THE ABSENCE OF AN AFFIDAVIT THAT CONTAINS A REQUEST FOR IMMEDIATE
ACTION AND THAT IS SUPPORTED BY FACTS JUSTIFYING AN EARLIER PRESENTATION, THE
COMMANDING OFFICER SHALL NOT FILE MORE OFTEN THAN QUARTERLY AFFIDAVITS OF
PEACE OFFICERS PRESENTED TO THE COMMANDING OFFICER.
D. ON RECEIPT OF AN AFFIDAVIT OR AFFIDAVITS, THE PRESIDING JUDGE OF
THE SUPERIOR COURT SHALL CAUSE TO BE FILED WITH THE CLERK OF THE SUPERIOR
COURT A PETITION ON BEHALF OF ALL REQUESTING PEACE OFFICERS. EACH AFFIDAVIT
PRESENTED SHALL BE ATTACHED TO THE PETITION. IN THE ABSENCE OF AN AFFIDAVIT
THAT CONTAINS A REQUEST FOR IMMEDIATE ACTION AND THAT IS SUPPORTED BY FACTS
JUSTIFYING AN EARLIER CONSIDERATION, THE PRESIDING JUDGE MAY ACCUMULATE
AFFIDAVITS AND FILE A PETITION AT THE END OF EACH QUARTER.
E. THE PRESIDING JUDGE OF THE SUPERIOR COURT SHALL REVIEW THE PETITION
AND EACH ATTACHED AFFIDAVIT TO DETERMINE WHETHER THE ACTION REQUESTED BY EACH
PEACE OFFICER SHOULD BE GRANTED. THE PRESIDING JUDGE OF THE SUPERIOR COURT
SHALL ORDER THE REDACTION OF THE RESIDENCE ADDRESS AND TELEPHONE NUMBER FROM
THE PUBLIC RECORDS MAINTAINED BY THE DEPARTMENT IF THE JUDGE CONCLUDES THAT
THIS ACTION WILL REDUCE A DANGER TO THE LIFE OR SAFETY OF THE AFFIANT OR
ANOTHER PERSON.
F. ON ENTRY OF THE COURT ORDER, THE CLERK OF THE SUPERIOR COURT SHALL
FILE THE COURT ORDER WITH THE DEPARTMENT. NO MORE THAN ONE HUNDRED FIFTY
DAYS AFTER THE DATE THE DEPARTMENT RECEIVES THE COURT ORDER, THE DEPARTMENT
SHALL REDACT THE RESIDENCE ADDRESSES AND TELEPHONE NUMBERS OF THE PEACE
OFFICERS LISTED IN THE COURT ORDER FROM THE PUBLIC RECORDS OF THE DEPARTMENT. THE RESIDENCE ADDRESS AND TELEPHONE NUMBER SHALL NOT BE DISCLOSED AND ARE NOT
PART OF A PUBLIC RECORD.
G. IF THE COURT DENIES AN AFFIANT'S REQUEST PURSUANT TO THIS SECTION,
THE AFFIANT MAY REQUEST A COURT HEARING. THE HEARING SHALL BE CONDUCTED BY
THE COURT IN THE COUNTY WHERE THE PETITION WAS FILED.
Sec. 101. Section 30-654, Arizona Revised Statutes, is amended to
read:
A. The agency may:
1. Accept grants or other contributions from the federal government
or other sources, public or private, to be used by the agency to carry out
any of the purposes of this chapter.
2. Do all things necessary, within the limitations of this chapter,
to carry out the powers and duties of the agency.
3. Conduct an information program, including but not limited to:
(a) Providing information on the control and regulation of sources of
radiation and related health and safety matters, on request, to members of
the legislature, the executive offices, state departments and agencies and
county and municipal governments.
(b) Providing such published information, audiovisual presentations,
exhibits and speakers on the control and regulation of sources of radiation
and related health and safety matters to the state's educational system at
all educational levels as may be arranged.
(c) Furnishing to citizen groups, on request, speakers and such
audiovisual presentations or published materials on the control and
regulation of sources of radiation and related health and safety matters as
may be available.
(d) Conducting, sponsoring or cosponsoring and actively participating
in the professional meetings, symposia, workshops, forums and other group
informational activities concerned with the control and regulation of sources
of radiation and related health and safety matters when representation from
this state at such meetings is determined to be important by the agency.
B. The agency shall:
1. Regulate the use, storage and disposal of sources of radiation.
2. Establish procedures for purposes of selecting any proposed
permanent disposal site located within this state for low level radioactive
waste.
3. Coordinate with the department of
4. Assume primary responsibility for and provide necessary technical
assistance to handle any incidents, accidents and emergencies involving
radiation or sources of radiation occurring within this state.
5. Adopt rules deemed necessary to administer this chapter in
accordance with title 41, chapter 6.
6. Adopt uniform radiation protection and radiation dose standards to
be as nearly as possible in conformity with, and in no case inconsistent
with, the standards contained in the regulations of the United States nuclear
regulatory commission and the standards of the United States public health
service. In the adoption of the standards, the agency shall consider the
total occupational radiation exposure of individuals, including that from
sources not regulated by the agency.
7. Adopt rules for personnel monitoring under the close supervision
of technically competent people in order to determine compliance with safety
rules adopted under this chapter.
8. Adopt a uniform system of labels, signs and symbols and the posting
of the labels, signs and symbols to be affixed to radioactive products,
especially those transferred from person to person.
9. By rule require adequate training and experience of persons
utilizing sources of radiation with respect to the hazards of excessive
exposure to radiation in order to protect health and safety.
10. Adopt standards for the storage of radioactive material and for
security against unauthorized removal.
11. Adopt standards for the disposal of radioactive materials into the
air, water and sewers and burial in the soil in accordance with 10 Code of
Federal Regulations part 20.
12. Adopt rules applicable to the shipment of radioactive materials in
conformity with and compatible with those established by the United States
nuclear regulatory commission, the department of transportation, the treasury
department and the United States postal service.
13. In individual cases, impose additional requirements to protect
health and safety or grant necessary exemptions which will not jeopardize
health or safety, or both.
14. Make recommendations to the governor and furnish such technical
advice as required on matters relating to the utilization and regulation of
sources of radiation.
15. Make an annual report to the governor and the legislature.
16. Conduct or cause to be conducted off-site radiological
environmental monitoring of the air, water and soil surrounding any fixed
nuclear facility, any uranium milling and tailing site and any uranium
leaching operation, and maintain and report the data or results obtained by
the monitoring as deemed appropriate by the agency.
17. Develop and utilize information resources concerning radiation and
radioactive sources.
18. Prescribe by rule a schedule of fees to be charged to licensees and
registrants of radiation sources which fees shall cover a significant portion
of the reasonable costs associated with processing the application for license or registration
19. Adopt rules establishing radiological standards, personnel
standards and quality assurance programs to assure the accuracy and safety
of screening and diagnostic mammography.
C.
Sec. 102. Section 32-2351, Arizona Revised Statutes, is amended to
read:
In this chapter, unless the context otherwise requires:
1. "Director" means the director of the department of
2. "Instructor" means any person, whether acting for himself as
operator of a professional driver training school or for any such school for
compensation, who teaches, conducts classes of, gives demonstrations to, or
supervises practice of persons learning to operate or drive motor vehicles
or preparing to take an examination for a
3. "Professional driver training school" or "school" means a business
enterprise conducted by an individual, association, partnership, or
corporation for the education and training of persons, either practically or
theoretically, or both, to operate or drive motor vehicles, to prepare an
applicant for an examination given by the state for a
Sec. 103. Section 32-2371, Arizona Revised Statutes, is amended to
read:
A. No professional driver training school shall be established nor
shall any such existing school be continued on or after March 13, 1968 unless
such school applies for and obtains from the director a license in the manner
and form prescribed by the director.
B. Rules adopted by the director shall state the requirements for a
school license, including requirements concerning location, equipment,
courses of instruction, instructors, previous records of the school and
instructors, schedule of fees and charges, character and reputation of the
operators and instructors, insurance in such sum and with such provisions as
the director deems necessary to protect adequately the interests of the public, and such other matters as the director may prescribe for the
protection of the public.
C. The director of the department of
Sec. 104. Section 35-101, Arizona Revised Statutes, is amended to
read:
In this chapter, unless the context otherwise requires:
1. "Allotment" means the allocation of an appropriation or other fund
source over a full fiscal year within a budget program or expenditure class.
2. "Budget estimates" means statements with accompanying explanations,
as provided by this chapter, in which a budget unit states its financial
requirements and requests appropriations.
3. "Budget program" means functions and activities of a budget unit
or within a budget unit that are preplanned to fulfill a distinct mission.
4. "Budget unit" means any department, commission, board, institution
or other agency of the state organization receiving, expending or disbursing
state funds or incurring obligations against the state. Budget unit includes
the major budget units.
5. "Claim" means a demand against the state for payment for either:
(a) Goods delivered or, in the case of highway construction, goods or
facilities to be delivered by the federal government.
(b) Services performed.
6. "Encumbrance" means an obligation in the form of any purchase
order, contract or other commitment which is chargeable to an appropriation
or any other authorized fund source and for which a part of such fund source
is reserved. It ceases to be an encumbrance when paid or canceled.
7. "Expenditure class" means one of the kinds of expenditure denoting
a class of services or commodities purchased or properties acquired as
specified in the classification of expenditures prescribed by the director
of the department of administration for use in expenditure accounting, in
making budget estimates and in the budget reports and budgets.
8. "Major budget units" means the following agencies:
(a) The department of education.
(b) The Arizona board of regents, Arizona state university, Arizona
state university west campus, Arizona state university east campus, the
university of Arizona and northern Arizona university.
(c) The department of economic security.
(d) The state department of corrections.
(e) The department of juvenile corrections.
(f) The Arizona health care cost containment system.
(g) The department of health services.
(h) The state board of directors for community colleges.
(i) The judiciary, including the supreme court, the court of appeals,
the superior court, the commissions on appellate and trial court appointments
and the commission on judicial conduct.
(j) The department of administration.
(k) The department of transportation.
9. "Prepayment" means the payment of a claim before receiving the
goods or services.
10. "Purchase order" means a document that is signed by the appropriate
agency authorized signatory
Sec. 105. Section 35-116, Arizona Revised Statutes, is amended to
read:
A. Prior to submission of the budget report to the legislature, the
governor shall examine the statements and estimates and shall make or cause
to be made such further investigations, with such hearings before the
governor, or his designee, and shall make such changes or revisions in
appropriations requested as he deems advisable.
B. The judiciary and the legislature shall not be subject to the
control of the governor in the preparation and submission of budgets, but
such organizations shall submit their requests for appropriations for the
ensuing fiscal year to the governor for review by the legislature.
C. The appropriation requests of the Arizona board of regents
Sec. 106. Section 36-851, Arizona Revised Statutes, is amended to
read:
A. Upon a request for corneal tissue from an authorized official of
an eye bank or storage facility as defined
1. The decedent from whom the tissue is to be taken died under
circumstances requiring an inquiry by the county medical examiner or the
person performing such duties
2. The removal of corneal tissue will not interfere with the
subsequent investigation or autopsy or alter the postmortem facial
appearance
3. Any of the following circumstances exists:
(a) The written or verbal consent of the decedent's next of kin is
known or obtained.
(b) When the decedent has indicated pursuant to article 3 of this
chapter that the organ may be removed.
(c) If permission has not been refused and a check cannot be made
pursuant to article 3 of this chapter because the
B. For the purposes of this section, the decedent's next of kin means:
1. The decedent's spouse.
2. If there is no spouse, the decedent's adult children.
3. If there are no adult children or spouse, the decedent's parents.
4. If there are no parents, adult children or spouse, the decedent's
sibling.
C. For the purposes of this section, "diligent effort" means that for
a period of not less than four nor more than five hours following the time
of death as verified by the medical examiner's office, the medical examiner
or person designated by the medical examiner shall attempt to notify the
decedent's next of kin by telephone at fifteen minute intervals. In the event
that it is known that the decedent's next of kin does not have a telephone,
the medical examiner or person designated by the medical examiner shall
attempt to contact the next of kin in person. The attempt to notify shall
be verified in writing by the medical examiner or person designated by the
medical examiner and one witness and shall be kept on file at the medical
examiner's office or such place as designated by the medical examiner.
Sec. 107. Section 36-2023, Arizona Revised Statutes, is amended to
read:
A. The division, with the approval of the director, shall adopt and
enforce rules which establish standards for approved public and private
treatment facilities which must be met for a treatment facility to be
approved. The division periodically shall inspect approved facilities at
reasonable times and in a reasonable manner. Each approved public and
private treatment facility shall file with the division on request data,
statistics, schedules or information the division reasonably requires. An approved facility that without good cause fails to furnish any data,
statistics, schedules or information as requested or that files fraudulent
returns thereof shall be removed from the list of approved treatment
facilities.
B. The division in compliance with subsection A shall adopt and may
amend or repeal rules for the acceptance of persons into a treatment program,
in light of the available treatment resources and facilities, with a view to
the early and effective provision of evaluation and treatment for alcoholics
and intoxicated persons. In establishing the rules, the division shall be
guided by the following standards:
1. An intoxicated person or person incapacitated by alcohol, who
voluntarily seeks treatment or who is transported to an approved facility by
a peace officer or other person, shall be initially brought to and evaluated
at a local alcoholism reception center.
2. A person shall receive an initial evaluation.
3. A patient shall be initially assigned or transferred to outpatient
treatment or intermediate treatment, unless
4. A person shall not be denied treatment solely because
5. An individualized treatment plan shall be prepared and maintained
on a current basis for each patient.
6. Provision shall be made for a continuum of coordinated treatment
services, so that a person who leaves the facility or another form of
treatment will have available and utilize other appropriate treatment.
C. The division shall:
1. Enlist the assistance of all public and private agencies,
organizations and individuals engaged in the prevention of alcoholism and
treatment of alcoholics and intoxicated persons at approved public and
private facilities.
2. Cooperate with the state department of corrections in establishing
and conducting programs to provide treatment for alcoholics in penal
institutions and alcoholics on parole or community supervision from penal
institutions at approved public and private facilities.
3. Cooperate with the department of education, schools, police
departments, courts and other public and private agencies, organizations and
individuals in establishing programs for the prevention of alcoholism and
treatment of alcoholics and intoxicated persons and in preparing curriculum
materials thereon for use at all levels of school education.
4. Specify a uniform method for keeping statistical information by
approved public and private treatment facilities and collect and make
available relevant statistical information including the number of persons treated, frequency of admission, and readmission and frequency and duration
of treatment.
5. Cooperate with the department of
6. Prepare an annual report on drug abuse treatment programs in this
state that receive funds from the division to be submitted by January 1 of
each year to the governor, the president of the senate and the speaker of the
house of representatives and to be made available to the general public
through the Arizona drug and gang prevention resource center. The report
shall include:
(a) The name and location of each program.
(b) The amount and sources of funding for each program.
(c) The number of clients who received services during the preceding
fiscal year.
(d) A description of the demographic characteristics of the client
population served by each program including age groups, gender, and
ethnicity.
(e) A description of client problems addressed by the programs
including the types of substances abused.
(f) A summary of the numbers and types of services available and
provided during the preceding fiscal year.
(g) An evaluation of the results achieved by the programs.
Sec. 108. Section 36-2243, Arizona Revised Statutes, is amended to
read:
The department may enter into an interagency service agreement with the
department of
Sec. 109. Section 41-608.01, Arizona Revised Statutes, is amended to
read:
A. A state home for veterans trust fund is established in the state
treasury. The commission shall administer the fund for the sole purpose of
operating and maintaining state operated nursing and domiciliary homes for
Arizona veterans.
B. The fund consists of monies transmitted to the state treasurer by:
1. The director of the department of
2. The commission from monies generated by operating the Arizona
veterans' home.
C. Monies in the fund are subject to annual appropriation by the
legislature. The fund is exempt from the provisions of section 35-190
relating to lapsing of appropriations. Any monies in the fund remaining unexpended or unencumbered at the end of the fiscal year do not revert to the
state general fund.
D. On notice from the commission, the state treasurer shall invest and
divest monies in the fund as provided by section 35-313, and monies earned
from investment shall be credited to the fund.
Sec. 110. Section 41-790.01, Arizona Revised Statutes, is amended to
read:
A. There shall be exempt from the provisions of this article relating
to capital improvement plans:
1. Land acquisition, capital projects or building renewal by any state
agency if the total cost of the entire acquisition, project or building
renewal will not exceed twenty-five thousand dollars.
2. Programs, projects or improvements of the state transportation
board relating to the construction, reconstruction, improvement or
maintenance of state highways or bridges.
B. The state board of directors for community colleges is exempt from
the provisions of this article, except that if the state board of directors
for community colleges requests an appropriation pursuant to section 15-1464,
subsection C, the state board of directors for community colleges shall
follow the provisions of section 41-793, subsections C and D for the campuses
or projects for which the monies are requested and shall submit the required
information to the department of administration.
C. Land acquisition, capital projects and building renewal relating
to buildings which serve as offices for the department of transportation
Sec. 111. Section 41-791, Arizona Revised Statutes, is amended to
read:
A. The department is responsible for the direction and control of
public buildings maintenance as prescribed in this article.
B. The department is responsible for the allocation of space,
operation, alteration, renovation and security of the following buildings:
1. The state capitol executive tower of the state capitol building.
2. The state office buildings in Tucson.
3. All other buildings owned or leased by the state and located near
the state capitol building and the state office buildings in Tucson, except
for:
(a) Buildings occupied, operated and maintained by the following state
agencies:
(i) The department of transportation.
(ii) The Arizona power authority.
(iii) The state compensation fund.
(b) The state capitol museum, the legislative services wing, house of
representatives and senate wings of the state capitol building and the public
records retention center subject to section 41-1304.
(c) The department of economic security facilities purchased with
federal funding assistance and exclusively and continuously operated and
maintained for its own occupancy.
(d) The Arizona courts building.
C. The department is responsible for the maintenance of the following
buildings and grounds:
1. The entire state capitol building and the grounds adjacent to it.
2. The state office buildings in Tucson and the grounds adjacent to
them.
3. Other buildings and grounds owned or leased by the state if the
function is not otherwise assigned, except for the interior of the Arizona
courts building.
D. The director may establish rules for the operation, maintenance and
security of buildings and grounds under his jurisdiction.
E. The department shall:
1. Employ engineers and maintenance and operations personnel as
required, including a buildings manager for the state office buildings in
Tucson.
2. Determine the hours of duty and assignment of personnel.
F. All personnel employed under this article are eligible to receive
compensation as determined under section 38-611.
Sec. 112. Section 41-792.01, Arizona Revised Statutes, is amended to
read:
A. The capital outlay stabilization fund is established which shall
consist of monies paid into it in accordance with the provisions of
subsection D of this section and legislative appropriations to the account.
All monies in the fund are exempt from the provisions of section 35-190
relating to lapsing of appropriations.
B. The director shall make a recommendation for the allocation of a
varying sum to the capital outlay stabilization fund each year. No part of
the fund may be expended without specific appropriation from the legislature.
C. Each state department and each state agency when using space under
the jurisdiction of the department as prescribed in section 41-791 or when
using space in a building owned by or leased to the state shall pay a rental
as prescribed in subsection D or E of this section.
D. The rental rate authorized for agencies occupying state owned
buildings shall be determined by the joint committee on capital review after
recommendation by the director prior to the beginning of each fiscal year.
The rental is payable whether the department or agency is funded in whole or
in part by state monies. The department of administration shall transfer the
entire amount of the rental fee assessed on an agency from the agency account
into the capital outlay stabilization fund promptly at the start of each
fiscal year. During the remainder of the fiscal year, the department of
administration shall calculate pro rata adjustments to the rental fee on a
monthly basis to reflect any changes in the occupancy of state owned
buildings. The department shall transfer the amount of the rental fee
adjustment assessed on an agency from the agency account into the capital
outlay stabilization fund. The rental fee authorized for agencies occupying
state owned buildings is the greater of the amount included in each agency's
annual operating budget as reported by the staff of the joint legislative
budget committee or the pro rata adjusted amount based on actual occupancy.
The director of the department of administration, upon recommendation of the
joint committee on capital review, may authorize an exemption for one year
at a time for an agency from the full payment account transfer requirements
of this subsection if the agency can demonstrate a practice of making full
payment of rent on a different basis necessitated by its cash flow. If an
agency does not occupy or vacates state owned space after the beginning of
the fiscal year, the director of the department of administration, on
recommendation of the joint committee on capital review, may authorize a
whole or partial exemption from payment of the rental fee. The department
of administration shall report quarterly to the director of the joint
legislative budget committee on the status of rental fee collections and
adjustments.
E. The rental authorized for agencies occupying state leased buildings
shall be the greater of the amount included in each agency's annual operating
budget as reported by the staff of the joint legislative budget committee
or the pro rata adjusted amount based on actual occupancy. The rental amount
shall include the amount necessary to pay the lease or lease-purchase
obligation and may include the amount necessary to pay operating costs
associated with the lease-purchase buildings. The rental is payable whether
the department or agency is funded in whole or in part by state monies. At
the start of each fiscal year, the department of administration shall
transfer the entire amount of the rental fee assessed on an agency from the
agency account into the department of administration's fund established for
the purposes of this subsection. The department shall transfer from the
applicable state agency budgets amounts necessary to pay all operating costs
associated with a lease-purchase building in the amounts reported by the
staff of the joint legislative budget committee. During the remainder of the
fiscal year, the department of administration shall calculate pro rata adjustments to the rental fee on a monthly basis to reflect any changes in
the occupancy of state leased buildings. The director of the department of
administration, on recommendation of the joint committee on capital review,
may authorize an exemption for an agency from the full payment account
transfer requirements of this subsection for one year periods if the agency
can demonstrate a practice of making full payment of rent on a different
basis necessitated by its cash flow. If an agency does not occupy or vacates
state leased space after the beginning of the fiscal year, the director of
the department of administration, on recommendation of the joint committee
on capital review, may authorize a whole or partial exemption from payment
of the rental fee.
F. State universities, community colleges
G. For the purposes of this section, "state department" or "state
agency" means any department or agency of the executive or judicial branch
of state government.
Sec. 113. Section 41-803, Arizona Revised Statutes, is amended to
read:
A. The director shall operate a motor vehicle fleet for all state
owned motor vehicles which shall be made available at convenient locations
in the state for the purpose of providing transportation for state officers
and employees, except those officers and employees of any agency or
department excluded by subsection E of this section.
B. The director may adopt rules necessary to the administration of the
motor vehicle fleet.
C. The director shall provide for detailed cost, operation,
maintenance, mileage and custody records for each state owned vehicle. The
director may assign motor vehicles on an individual trip or permanent basis
D. Each state department and agency shall pay from available funds the
cost of motor vehicle services received from the state motor vehicle fleet.
The cost of motor vehicle service shall be determined by the director.
E. The following departments and agencies are excluded from
participation in the state motor vehicle fleet:
1. Department of public safety.
2. Department of transportation.
3. Department of economic security.
4. State department of corrections.
5. Universities and community colleges.
6. Arizona state schools for the deaf and the blind.
F. The director, in consultation with the department of commerce
energy office, shall develop and implement a program that requires the
systematic replacement of existing state owned vehicles with vehicle models
that, according to the United States environmental protection agency
guidelines, achieve the highest fuel economy estimates within their vehicle
class and shall encourage and progressively increase the use of alternative
fuels in state owned vehicles in accordance with life cycle costing.
G. As the fleet is replaced, the department shall do so with factory
manufactured vehicles, converted factory manufactured vehicles or converted
state fleet vehicles that are capable of using alternative fuels. If an
alternative fuel vehicle purchased or converted pursuant to this section
uses compressed natural gas, the department shall give a preference to a
vehicle with a fuel system certified to operate at three thousand six hundred
pounds per square inch or greater.
H. The director may waive the requirements of subsection G of this
section for any state agency on receipt of certification supported by
evidence acceptable to the department that:
1. The agency's vehicles will be operating primarily in an area in
which neither the agency nor a supplier has
2. The agency is unable to acquire or be provided equipment or
refueling facilities necessary to operate vehicles using alternative fuels
at a projected cost that is reasonably expected to result in net costs of no
greater than thirty per cent more than the net costs associated with the
continued use of traditional gasoline or diesel fuels measured over the
expected useful life of the equipment or facilities supplied. Applications
for waivers shall be filed with the department of commerce energy office
pursuant to section 41-1516.01.
I. The director, in the development of the fuel reduction and
alternative fuel use program, shall work with state motor vehicle fleet
operators, vehicle manufacturers, fuel distributors and others to delineate
the vehicles to be covered, taking into consideration range, specialty uses,
fuel availability, vehicle cost, vehicle manufacturing capability, safety,
resale values and other relevant factors. The state motor vehicle fleet may
meet the requirements of subsection G of this section through purchase of new
vehicles or the conversion of existing vehicles, in accordance with federal
and state requirements and applicable safety laws, to use the alternative
fuels. The director, in purchasing, leasing, maintaining or converting
vehicles for alternative fuel use, shall comply with all applicable safety
standards promulgated by the United States department of transportation. The
department of administration may require written certification from the
converter that converted vehicles meet all applicable safety standards
promulgated by the United States department of transportation.
J. The department of administration may acquire or be provided
equipment or refueling facilities necessary to operate such vehicles using
alternative fuels:
1. By purchase or lease as authorized by law.
2. By gift or loan of the equipment or facilities.
3. By gift or loan of the equipment or facilities or any other
arrangement pursuant to a service contract for the supply of alternative
fuels.
K. The director of the department of administration and the department
of commerce energy office shall develop and implement a vehicle fleet energy
conservation plan for the purposes of reducing vehicle fuel consumption and
to encourage and progressively increase the use of alternative fuels in state
owned vehicles. The plans shall include:
1. A timetable by which fleet vehicles shall be replaced with vehicles
that have demonstrated high fuel economy estimates within their vehicle
class.
2. A timetable for increasing the use of alternative fuels in fleet
vehicles either through purchase or conversion. The timetable shall reflect
the following schedule and percentage of vehicles which operate on
alternative fuels:
(a) Not less than forty per cent of the total fleet by December 31,
1995.
(b) Not less than ninety per cent of the total fleet operating
primarily in counties with populations exceeding one million two hundred
thousand persons according to the most recent federal decennial census by
December 31, 1997.
3. Options for increasing, whenever possible, the use of vehicles that
have the capability to use available alternative fuels, or vehicles that may
be economically converted, if needed, for the use of alternative fuels.
4. Options for the use of demonstrated innovative technologies that
promote energy conservation and reduced fuel consumption.
5. Methods that promote efficient trip planning and state vehicle use.
6. Car pooling and van pooling for agency employees for commuting and
job related travel.
L. The director of the department of administration shall identify
specific vehicle models within each vehicle class that would meet the demands
of each state agency and that demonstrate a high degree of fuel economy.
Vehicle classes and fuel economy comparisons shall be based on United States
department of energy and United States environmental protection agency data
pursuant to title 15, United States Code sections 2003 through 2006.
M. The director of the department of administration shall develop a
vehicle fleet plan for each agency and for the vehicular demands of the
agency by vehicle class.
N. Subsections G through M of this section do not apply to the
purchase or lease of a vehicle to be used primarily for criminal law
enforcement or to the purchase or lease of a motorcycle, all-terrain vehicle
or ambulance.
O. The departments and agencies excluded from participation in the
state motor vehicle fleet pursuant to subsection E of this section shall
develop and implement a program for alternative fuels and fuel economy for
their motor vehicle fleets substantially similar to the standards set forth
in this section.
P. For the purposes of this section, "alternative fuels" means any of
the following fuel types or power sources:
1. Liquefied petroleum gas.
2. Natural gas.
3. Hydrogen or a blend of hydrogen with liquefied petroleum or natural
gas.
4. Alcohol fuels that contain not less than eighty-five per cent
alcohol by volume.
5. Electricity.
6. Solar energy.
Sec. 114. Section 41-1092.02, Arizona Revised Statutes, is amended to
read:
A. This article applies to all contested cases as defined in section
41-1001 and all appealable agency actions, except contested cases with or
appealable agency actions of:
1. The state department of corrections.
2. The board of executive clemency.
3. The industrial commission of Arizona.
4. The Arizona corporation commission.
5. The Arizona board of regents and institutions under its
jurisdiction.
6. The state personnel board.
7. The department of juvenile corrections.
8. The department of transportation.
9. The Arizona health care cost containment system.
10. The department of economic security except as provided in section
8-506.01.
11. The department of revenue regarding income tax, withholding tax or
estate tax or any tax issue related to information associated with the
reporting of income tax, withholding tax or estate tax.
12. The board of tax appeals.
13. The state board of equalization.
B. Unless waived by all parties, an administrative law judge assigned
by the office shall conduct all hearings under this article, and the
procedural rules set forth in article 6 of this chapter and rules adopted by
the director apply.
C. Except as provided in subsection A of this section:
1. A contested case heard by the office of administrative hearings
regarding taxes administered under title 42 shall be subject to the
provisions under section 42-122.
2. A final decision of the office of administrative hearings regarding
taxes administered under title 42 may be appealed by either party to the
director of the department of revenue, or a taxpayer may file and appeal
directly to the board of tax appeals pursuant to section 42-124.
D. Except as provided in subsections A and E of this section and
notwithstanding any other administrative proceeding established in statute
or administrative rule, sections 41-1092.03 through 41-1092.11 apply to all
appealable agency actions and sections 41-1092.04, 41-1092.05, 41-1092.07,
41-1092.08, 41-1092.09, 41-1092.10 and 41-1092.11 apply to all contested
cases except contested cases with or appealable agency actions of
self-supporting regulatory agencies that are supervised by boards or
commissions whose members are appointed by the governor.
E. Sections 41-1092.03, 41-1092.08, 41-1092.09, 41-1092.10 and
41-1092.11 do not apply to the department of revenue.
Sec. 115. Section 41-1292.03, Arizona Revised Statutes, is amended to
read:
A. The joint legislative review committee on transportation between
Sonora, Mexico and Arizona is established. The committee consists of:
1. Two members of the senate who are appointed by the president of the
senate, one from each political party.
2. Two members of the house of representatives who are appointed by
the speaker of the house of representatives, one from each political party.
3. The chairperson of the committee in the house of representatives
that considers transportation issues who serves as cochairperson.
4. The chairperson of the committee in the senate that considers
transportation issues who serves as cochairperson.
5. The director of the department of commerce.
6.
B. The committee shall:
1. Coordinate efforts of the committee as reasonably practicable with
a like committee established by Sonora, Mexico.
2. Study issues and problems concerning transportation between Sonora,
Mexico and this state, including the following:
(a) The need to modify and improve border crossing procedures and
facilities.
(b) The advantages and disadvantages of issuing temporary travel
permits to Mexican commercial vehicles entering this state.
(c) The commercial impact of a deep sea port in Guaymas, Mexico.
(d) The potential impact of transporting hazardous materials between
Sonora, Mexico and this state.
(e) The current and any anticipated changes in the type and volume of
traffic on highways that carry commercial vehicles to the border between
Sonora, Mexico and this state.
(f) Environmental and safety problems caused by the type and volume
of traffic on highways that carry commercial vehicles to the border between
Sonora, Mexico and this state.
(g) Potential financing of any highway construction or planning, or
both, that may be recommended by the committee.
(h) The impact of foreign commercial vehicles on the transportation
infrastructure of this state.
(i) The balance between revenues collected at ports of entry on the
border between Sonora, Mexico and this state and the costs associated with
maintaining the transportation infrastructure within twenty-five miles of the
border between Sonora, Mexico and this state.
3. Provide recommendations to the legislature that will help alleviate
the current environmental, transportation infrastructure and safety problems
caused by the type and volume of traffic on highways that carry commercial
vehicles to the border between Sonora, Mexico and this state and
transportation problems experienced by businesses located on both sides of
the border between Sonora, Mexico and this state, that will improve road, air
and rail transportation between Sonora, Mexico and this state and regarding
highway construction and planning of highways that carry commercial vehicles
to the border between Sonora, Mexico and this state.
4. Submit a report with its recommendations on or before December 1
of each year to the president of the senate, the speaker of the house of
representatives, the governor, the chairman of the state transportation board
and the committee established by Sonora, Mexico.
C. The members of the committee are not eligible to receive
compensation, but the members who are appointed pursuant to subsection A,
paragraph
D. An Arizona Mexico commission in the governor's office shall
facilitate the meetings of the committee. The committee shall use the
services of the Arizona Mexico commission, legislative staff and the staff
of the department of transportation
Sec. 116. Section 41-1742, Arizona Revised Statutes, is amended to
read:
A. The highway patrol division superintendent may:
1. Adopt rules
2. Provide for training the patrolmen.
3. Cause signs to be erected and maintained as are necessary to give
notice of any special restrictions.
4. Cooperate with the department of
B. The director of the department of transportation may grant
authority to the highway patrol division superintendent to fix temporary
speed limits or apply other temporary restrictions when emergency conditions
exist. The director of the department of transportation may fix such speed
limits, or apply such restrictions when congested traffic or other conditions
require restrictions for public safety.
C. The division shall issue to each member of the patrol a badge of
authority, with the words "Arizona highway patrol" encircling the badge, the
seal of the state in the center thereof and with the designation of the
office or rank of the holder below.
Sec. 117. Section 41-2501, Arizona Revised Statutes, as amended by
Laws 1996, chapter 94, section 1 and chapter 110, section 5, is amended to
read:
A. This chapter applies only to procurements initiated after January
1, 1985 unless the parties agree to its application to procurements initiated
before such date.
B. This chapter applies to every expenditure of public monies,
including federal assistance monies except as otherwise specified in section
41-2637, by this state, acting through a state governmental unit as defined
in this chapter, under any contract, except that this chapter does not apply
to either grants or contracts between this state and its political
subdivisions or other governments, except as provided in article 10 of this
chapter. This chapter also applies to the disposal of state materials.
Nothing in this chapter or in rules adopted under this chapter shall prevent
any state governmental unit or political subdivision from complying with the
terms and conditions of any grant, gift, bequest or cooperative agreement.
C. All political subdivisions and other local public agencies of this
state may adopt all or any part of this chapter and the rules adopted
pursuant to this chapter.
D. The Arizona board of regents, the legislative and judicial branches
of state government and the state compensation fund are not subject to the
provisions of this chapter except as prescribed in subsection E of this
section.
E. The Arizona board of regents and the judicial branch shall adopt
rules prescribing procurement policies and procedures for themselves and
institutions under their jurisdiction. The rules must be substantially
equivalent to the policies and procedures prescribed in this chapter.
F. The Arizona state lottery commission is exempt from the provisions
of this chapter for procurement relating to the design and operation of the
lottery or purchase of lottery equipment, tickets and related materials. The
executive director of the Arizona state lottery commission shall adopt rules
substantially equivalent to the policies and procedures in this chapter for
procurement relating to the design and operation of the lottery or purchase
of lottery equipment, tickets or related materials. All other procurement
shall be as prescribed by this chapter.
G. The Arizona health care cost containment system administration is
exempt from the provisions of this chapter for provider contracts pursuant
to section 36-2904, subsection A and contracts for goods and services
including program contractor contracts pursuant to title 36, chapter 29,
articles 2 and 3. All other procurement, including contracts for the
statewide administrator of the program pursuant to section 36-2903,
subsection C, shall be as prescribed by this chapter.
H. Arizona industries for the blind is exempt from the provisions of
this chapter for purchases of finished goods from members of national
industries for the blind and for purchases of raw materials for use in the
manufacture of products for sale pursuant to section 41-1972. All other
procurement shall be as prescribed by this chapter.
I. Arizona correctional industries is exempt from the provisions of
this chapter for purchases of raw materials and supplies to be used in the
manufacture of products for sale entered into pursuant to section 41-1622.
All other procurement shall be as prescribed by this chapter.
J. The state transportation board and the director of the department
of transportation are exempt from the provisions of this chapter for the
procurement of construction or reconstruction, including engineering
services, of transportation facilities or highway facilities.
K. The Arizona highways magazine is exempt from the provisions of this
chapter for contracts for the production, promotion, distribution and sale
of the magazine and related products and for contracts for sole source
creative works entered into pursuant to section 28-1883, subsection A,
paragraph 5. All other procurement shall be as prescribed by this chapter.
L. The secretary of state is exempt from the provisions of this
chapter for contracts entered into pursuant to section 41-1012 to publish and
sell the administrative code. All other procurement shall be as prescribed
by this chapter.
M. The provisions of this chapter are not applicable to contracts for
professional witnesses if the purpose of such contracts is to provide for
professional services or testimony relating to an existing or probable
judicial proceeding in which this state is or may become a party or to
contract for special investigative services for law enforcement purposes.
N. The head of any state governmental unit, in relation to any
contract exempted by this section from the provisions of this chapter, has
the same authority to adopt rules, procedures or policies as is delegated to
the director pursuant to this chapter.
O. Agreements negotiated by legal counsel representing this state in
settlement of litigation or threatened litigation are exempt from the
provisions of this chapter.
P. The provisions of this chapter are not applicable to contracts
entered into by the department of economic security with a provider licensed
or certified by an agency of this state to provide child day care services
or with a provider of family foster care pursuant to section 8-503 or 36-554,
to contracts entered into with area agencies on aging created pursuant to the
older Americans act of 1965, 42 United States Code section 3001 or to
contracts for services pursuant to title 36, chapter 29, article 2.
Q. The department of health services may not require that persons with
whom it contracts follow the provisions of this chapter for the purposes of
subcontracts entered into for the provision of the following:
1. Mental health services pursuant to section 36-189, subsection B.
2. Services for the seriously mentally ill pursuant to title 36,
chapter 5, article 10.
3. Drug and alcohol services pursuant to section 36-141.
4. Domestic violence services pursuant to title 36, chapter 30,
article 1.
R. The department of health services is exempt from the provisions of
this chapter for contracts for services of physicians at the Arizona state
hospital.
S. Contracts for goods and services approved by the fund manager of
the public safety personnel retirement system are exempt from the provisions
of this chapter.
T. The Arizona department of agriculture is exempt from this chapter
with respect to contracts for private labor and equipment to effect cotton
or cotton stubble plow-up pursuant to rules adopted under title 3, chapter
2, article 1. On or before September 1 each year the director of the Arizona
department of agriculture shall establish and announce costs for each acre
of cotton or cotton stubble to be abated by private contractors.
U. The state parks board is exempt from the provisions of this chapter
for purchases of guest supplies and items for resale such as food, linens,
gift items, sundries, furniture, china, glassware and utensils for the
facilities located in the Tonto natural bridge state park.
V. The state parks board is exempt from the provisions of this chapter
for the purchase, production, promotion, distribution and sale of
publications, souvenirs and sundry items obtained and produced for resale.
W. The Arizona state schools for the deaf and the blind are exempt
from the provisions of this chapter when purchasing products through a
cooperative that is organized and operates in accordance with state law if
such products are not on a statewide contract and are related to the
operation of the schools or are products for which special discounts are
offered for educational institutions.
X. Expenditures of monies in the morale, welfare and recreational fund
established by section 26-153 are exempt from the provisions of this chapter.
1. COMPENSATION IS NOT PAID BY THE DEPARTMENT TO A CONTRACTOR.
2. EXCLUSIVITY IS NOT GRANTED TO A CONTRACTOR BEYOND A REASONABLE
EVALUATION PERIOD THAT DOES NOT EXCEED TWO YEARS.
Sec. 118. Section 41-2501, Arizona Revised Statutes, as amended by
section 117 of this act, is amended to read:
A. This chapter applies only to procurements initiated after January
1, 1985 unless the parties agree to its application to procurements initiated
before such date.
B. This chapter applies to every expenditure of public monies,
including federal assistance monies except as otherwise specified in section
41-2637, by this state, acting through a state governmental unit as defined
in this chapter, under any contract, except that this chapter does not apply
to either grants or contracts between this state and its political
subdivisions or other governments, except as provided in article 10 of this
chapter. This chapter also applies to the disposal of state materials.
Nothing in this chapter or in rules adopted under this chapter shall prevent
any state governmental unit or political subdivision from complying with the
terms and conditions of any grant, gift, bequest or cooperative agreement.
C. All political subdivisions and other local public agencies of this
state may adopt all or any part of this chapter and the rules adopted
pursuant to this chapter.
D. The Arizona board of regents, the legislative and judicial branches
of state government and the state compensation fund are not subject to the
provisions of this chapter except as prescribed in subsection E of this
section.
E. The Arizona board of regents and the judicial branch shall adopt
rules prescribing procurement policies and procedures for themselves and
institutions under their jurisdiction. The rules must be substantially
equivalent to the policies and procedures prescribed in this chapter.
F. The Arizona state lottery commission is exempt from the provisions
of this chapter for procurement relating to the design and operation of the
lottery or purchase of lottery equipment, tickets and related materials. The
executive director of the Arizona state lottery commission shall adopt rules
substantially equivalent to the policies and procedures in this chapter for
procurement relating to the design and operation of the lottery or purchase
of lottery equipment, tickets or related materials. All other procurement
shall be as prescribed by this chapter.
G. The Arizona health care cost containment system administration is
exempt from the provisions of this chapter for provider contracts pursuant
to section 36-2904, subsection A and contracts for goods and services
including program contractor contracts pursuant to title 36, chapter 29,
articles 2 and 3. All other procurement, including contracts for the
statewide administrator of the program pursuant to section 36-2903,
subsection C, shall be as prescribed by this chapter.
H. Arizona industries for the blind is exempt from the provisions of
this chapter for purchases of finished goods from members of national
industries for the blind and for purchases of raw materials for use in the
manufacture of products for sale pursuant to section 41-1972. All other
procurement shall be as prescribed by this chapter.
I. Arizona correctional industries is exempt from the provisions of
this chapter for purchases of raw materials and supplies to be used in the
manufacture of products for sale entered into pursuant to section 41-1622.
All other procurement shall be as prescribed by this chapter.
J. The state transportation board and the director of the department
of transportation are exempt from the provisions of this chapter
K. The Arizona highways magazine is exempt from the provisions of this
chapter for contracts for the production, promotion, distribution and sale
of the magazine and related products and for contracts for sole source
creative works entered into pursuant to section 28-1883, subsection A,
paragraph 5. All other procurement shall be as prescribed by this chapter.
L. The secretary of state is exempt from the provisions of this
chapter for contracts entered into pursuant to section 41-1012 to publish and
sell the administrative code. All other procurement shall be as prescribed
by this chapter.
M. The provisions of this chapter are not applicable to contracts for
professional witnesses if the purpose of such contracts is to provide for professional services or testimony relating to an existing or probable
judicial proceeding in which this state is or may become a party or to
contract for special investigative services for law enforcement purposes.
N. The head of any state governmental unit, in relation to any
contract exempted by this section from the provisions of this chapter, has
the same authority to adopt rules, procedures or policies as is delegated to
the director pursuant to this chapter.
O. Agreements negotiated by legal counsel representing this state in
settlement of litigation or threatened litigation are exempt from the
provisions of this chapter.
P. The provisions of this chapter are not applicable to contracts
entered into by the department of economic security with a provider licensed
or certified by an agency of this state to provide child day care services
or with a provider of family foster care pursuant to section 8-503 or 36-554,
to contracts entered into with area agencies on aging created pursuant to the
older Americans act of 1965, 42 United States Code section 3001 or to
contracts for services pursuant to title 36, chapter 29, article 2.
Q. The department of health services may not require that persons with
whom it contracts follow the provisions of this chapter for the purposes of
subcontracts entered into for the provision of the following:
1. Mental health services pursuant to section 36-189, subsection B.
2. Services for the seriously mentally ill pursuant to title 36,
chapter 5, article 10.
3. Drug and alcohol services pursuant to section 36-141.
4. Domestic violence services pursuant to title 36, chapter 30,
article 1.
R. The department of health services is exempt from the provisions of
this chapter for contracts for services of physicians at the Arizona state
hospital.
S. Contracts for goods and services approved by the fund manager of
the public safety personnel retirement system are exempt from the provisions
of this chapter.
T. The Arizona department of agriculture is exempt from this chapter
with respect to contracts for private labor and equipment to effect cotton
or cotton stubble plow-up pursuant to rules adopted under title 3, chapter
2, article 1. On or before September 1 each year the director of the Arizona
department of agriculture shall establish and announce costs for each acre
of cotton or cotton stubble to be abated by private contractors.
U. The state parks board is exempt from the provisions of this chapter
for purchases of guest supplies and items for resale such as food, linens,
gift items, sundries, furniture, china, glassware and utensils for the
facilities located in the Tonto natural bridge state park.
V. The state parks board is exempt from the provisions of this chapter
for the purchase, production, promotion, distribution and sale of
publications, souvenirs and sundry items obtained and produced for resale.
W. The Arizona state schools for the deaf and the blind are exempt
from the provisions of this chapter when purchasing products through a
cooperative that is organized and operates in accordance with state law if
such products are not on a statewide contract and are related to the
operation of the schools or are products for which special discounts are
offered for educational institutions.
X. Expenditures of monies in the morale, welfare and recreational fund
established by section 26-153 are exempt from the provisions of this chapter.
Y. The department of motor vehicles is exempt from the provisions of
this chapter for agreements entered into pursuant to section 28-9158,
subsection A, paragraph 3, if both of the following conditions exist:
1. Compensation is not paid by the department to a contractor.
2. Exclusivity is not granted to a contractor beyond a reasonable
evaluation period that does not exceed two years.
Sec. 119.
Section
Sec. 120. Section 41-2998.05, Arizona Revised Statutes, is amended to
read:
A. The department of transportation terminates on July 1, 1998.
B. Title 28
Sec. 121. Title 41, chapter 27, article 2, Arizona Revised Statutes,
is amended by adding section 41-3007.01, to read:
B. TITLE 28, CHAPTER 3, ARTICLES 17, 18 AND 19, CHAPTERS 4 AND 5,
CHAPTER 6, ARTICLES 3 AND 4, CHAPTERS 7 THROUGH 16 AND CHAPTER 26 ARE
REPEALED ON JANUARY 1, 2008.
Sec. 122. Section 41-3451, Arizona Revised Statutes, as amended by
Laws 1996, chapter 263, section 13, is amended to read:
A. An automobile theft authority is established consisting of:
1. One police chief appointed by the Arizona chiefs' of police
association.
2. One sheriff appointed by the Arizona sheriffs' association.
3. A county attorney appointed by the governor.
4. Two employees of insurers licensed to write automobile liability
insurance in this state appointed by the governor.
5. Two members of the general public appointed by the governor.
6. The
7. The director of the department of public safety or the director's
designee.
B. Members serve staggered four year terms beginning and ending on the
third Monday in January. At the first meeting each year, the members shall
select a chairman from among the members. The authority shall meet at the
call of the chairman or four members.
C. The authority may:
1. Hire up to two staff members as necessary, including an executive
director. If an executive director is hired, preference shall be given to
qualified executive director applicants with law enforcement and criminal
policy experience. The executive director's annual compensation shall not
be more than seventy-five thousand dollars.
2. Provide work facilities and equipment as necessary.
3. Determine the scope of the problem of automobile theft, including
particular areas of the state where the problem is greatest.
4. Analyze the various methods of combating the problem of automobile
theft.
5. Develop and implement a plan of operation.
6. Develop and implement a financial plan.
7. Solicit and accept gifts and grants.
8. Report by December 31 of each year to the governor, the president
of the senate and the speaker of the house of representatives on its
activities during the preceding fiscal year.
9. Report by December 31 of each year to the automobile theft
authority committee on the authority's programs, the success of the programs,
the authority's source of funding and the impact automobile theft prevention
programs have had on motor vehicle insurance costs.
D. If the chairman of the authority knows that a potential ground for
the removal of a member of the authority exists under this subsection, the
chairman shall notify the governor. The governor shall remove the member if
the governor finds that any of the following applies:
1. The member was not qualified to serve at the time the member was
appointed.
2. The member does not maintain the member's qualifications to serve.
3. The member cannot discharge the member's duties for a substantial
part of the term due to illness or other disability.
4. The member is absent from more than one-half of the regularly
scheduled meetings during a calendar year unless the member's absence is
excused by a majority vote of the authority.
E. The automobile theft authority fund is established in the state
treasury consisting of any public or private monies that the authority may
receive. The automobile theft authority shall administer the fund.
F. The authority may accept nonmonetary contributions, including the
services of individuals, office and secretarial assistance, mailings,
printing, office equipment, facilities and supplies, that are necessary to
carry out its functions. The nonmonetary contributions shall not be included
in the costs of administration limitation prescribed by subsection H of this
section.
G. The automobile theft authority shall allocate monies in the fund
to public agencies for the purpose of establishing, maintaining and
supporting programs that are designed to prevent automobile theft, including:
1. Financial support to law enforcement and prosecution agencies for
programs that are designed to increase the effectiveness of automobile theft
prosecution.
2. Financial support for programs that are designed to educate and
assist the public in the prevention of automobile theft.
H. The costs of administration shall not exceed ten per cent of the
monies in the fund in any one year so that the greatest possible portion of
the monies available to the authority is expended on combating automobile
theft.
I. Monies expended from the automobile theft authority fund shall be
used to supplement, not supplant, other monies that are available for auto
theft prevention.
J. Each insurer issuing motor vehicle liability insurance policies in
this state shall pay an annual fee of fifty cents multiplied by the
insurer's total earned car years of insurance. From and after June 30, 1996,
each insurer shall transmit the fee in January and July of each year to the
state treasurer for deposit in the automobile theft authority fund.
K. The authority shall cause an audit
L. Authority members are not eligible to receive compensation but are
eligible for reimbursement of expenses pursuant to title 38, chapter 4,
article 2.
M. This section does not apply to vehicles or vehicle combinations
with a declared gross weight of twenty-six thousand pounds or more. Motor
vehicle liability insurance policies issued in this state for vehicles or
vehicle combinations with a declared gross weight of twenty-six thousand
pounds or more are exempt from subsection J of this section.
Sec. 123. Section 42-641.01, Arizona Revised Statutes, is amended to
read:
A. Any person owning a mobile home which is permanently affixed may
file an affidavit of affixture with the county recorder of the county in
which the real property is located.
B. An affidavit of affixture shall contain all of the following:
1. The vehicle identification numbers of the mobile home.
2. The legal description of the real property to which the mobile home
has been affixed.
3. A statement that the mobile home has not previously been assessed
and taxed in this state as personal property or the name and address of the
person to whom the last tax statement for the mobile home was sent and the
location of such mobile home when it was last taxed.
4. The name of the holder of any security interests in the mobile home
which are not to be terminated by consent of the secured party contained on
the affidavit of affixture as provided in subsection D of this section and
the original principal amount secured by the security interest.
5. As an attachment, the
C. After the affidavit of affixture has been recorded, the mobile home
shall remain on the unsecured property tax roll until the next real and
secured property tax roll is prepared, at which time it shall be transferred
to the real and secured property tax roll and shall be deemed for all
purposes to be a fixture and a real property improvement. Liens on such
mobile home shall be perfected either in the manner provided by law for
perfection of real property liens or in the manner provided by law for
perfection of security interests in fixtures.
D. The recording of an affidavit of affixture does not impair the
rights of any holder of a perfected security interest in the mobile home
unless the affidavit of affixture contains the acknowledged consent of such
secured party to the termination of the security interest. If a secured party so consents, his security interest in the mobile home terminates upon
such recording.
Sec. 124. Section 42-643, Arizona Revised Statutes, is amended to
read:
A. All mobile homes customarily kept in this state shall be titled
with the department of
1. Mobile homes owned and held by a dealer solely for purposes of
sale.
2. Mobile homes owned and operated exclusively in the public service
by the federal government, by the state or by any political subdivision
thereof, except that such mobile homes shall be titled, but no tax shall be
required.
3. Permanently affixed mobile homes for which an affidavit of
affixture has been recorded. The original certificates of title or
manufacturer's statements of origin to such mobile homes shall be surrendered
to the department of
B. The issuance of a certificate of title for a mobile home shall be
as provided by law for the titling of motor vehicles, except that in the case
of a mobile home that consists of two or more separate sections, each such
section shall have a separate certificate of title.
C. All mobile homes as defined in this article shall be subject to all
applicable provisions of title 28, except those provisions relating to
registration and except as otherwise provided in this article.
D. If a title or affidavit of affixture is applied for on a mobile
home entering this state for sale or installation, a certificate of
compliance or waiver issued by the office of manufactured housing shall be
required and shall be submitted with the title application or affidavit of
affixture.
Sec. 125. Section 42-646, Arizona Revised Statutes, is amended to
read:
A. When a person who is liable for payment of tax under the provisions
of this article evades payment of such tax, or is delinquent in the payment
of such tax, the tax shall be collected in the same manner and by the same
officers as provided in article 1
B. A purchaser of a mobile home who subsequently pays taxes imposed
by this article on such mobile home that were levied and became delinquent
when such mobile home was the property of a previous owner may bring an
action against such previous owner for the amount of such delinquent taxes
paid. If the purchaser prevails, such purchaser shall recover damages
including reasonable attorney's fees and treble the amount of delinquent
taxes paid. The provisions of this subsection shall not apply where such
purchaser has specifically assumed in writing, signed by the purchaser and
seller, such delinquent tax liability and the delinquent taxes assumed are
correctly stated by year and amount due.
Sec. 126. Section 46-192, Arizona Revised Statutes, is amended to
read:
A. The department, in conjunction with other state and local
government agencies and community organizations and agencies, shall identify
those services provided by state departments and agencies that are
appropriate services to implement the goal of enabling older Arizonans to
maintain the most independence and freedom, avoid institutional care and live
in dignity. In addition to existing services, such services may include the
following:
1. General information services, including publication of available
services, information and referral and outreach.
2. Transportation, including transportation necessary to guarantee
access to services.
3. Nutrition, socialization and education.
4. Nonmedical home and community based care including case management,
assessment of functional impairment and needed community services, home care,
housekeeping chore services, home health aid, personal care, visiting nurse
services, adult day care or adult day health, respite care, attendant care
and home delivered meals.
5. Physical and mental health services, including inpatient and
outpatient care, screening, appliances and supplies, mental health and home
health care.
6. Placement services, including nursing homes, supervisory care,
personal care, foster care and day care.
7. Protective advocacy and legal services.
8. Education, including senior adult education programs and training
and research in the field of aging.
9. Volunteer and leadership development services.
10. Self-support services, including employment services, job
development and income maintenance.
B. The department shall develop a basic plan to coordinate the
services identified in this section and other appropriate services
C. The department of health services, the department of
transportation,
D. The department shall develop a comprehensive agreement by which the
personnel and facilities of the department,
1. Results in more economical performance of duties of those
departments and agencies.
2. Allows the department to contract for the services of consultants
and agencies, subject to the availability of funding for such purpose.
E. The department may provide information and assist local agencies
and organizations that provide services to older Arizonans.
F. The department may, under grant programs, utilize older Americans
as staff to implement this article.
G. The integrity of senior citizen participation at all planning and
program development levels shall be ensured.
H. The director shall designate an employee within the department to
be responsible for the direction, planning, coordination and administration
of the department's responsibilities under this article.
Sec. 127. Section 49-542, Arizona Revised Statutes, is amended to
read:
A. The director shall administer a comprehensive annual or biennial
emissions inspection program which shall require the inspection of vehicles
in this state pursuant to this article and applicable administrative rules.
Such inspection is required in counties with a population in excess of three
hundred fifty thousand persons according to the most recent United States
decennial census only in vehicle emissions control areas of the county, for
those vehicles owned by a person who is subject to section 15-1444 or 15-1627
and for those vehicles registered outside of a vehicle emissions control area
but used to commute to the driver's principal place of employment located
within a vehicle emissions control area. Inspection in other counties of the
state shall commence upon application by a county board of supervisors for
participation in such inspection program, subject to approval by the director. In all counties with a population of three hundred fifty thousand
or fewer persons according to the most recent United States decennial census,
the director shall as conditions dictate provide for testing to determine the
effect of vehicle related pollution on ambient air quality in all communities
with a metropolitan area population of twenty thousand persons or more
according to the most recent United States decennial census. If such testing
detects the violation of state ambient air quality standards by vehicle
related pollution, the director shall forward a full report of such violation
to the president of the senate, the speaker of the house of representatives
and the governor.
B. The state's annual or biennial emissions inspection program shall
provide for vehicle inspections at official emissions inspection stations or
at fleet emissions inspection stations. Each inspection station in area A
shall employ at least one mechanic who is available during the station's
hours of operation to provide technical advice and assistance for persons who
fail the emissions test. The director may enter into agreements with the
department of
C. After purchase of a new vehicle, the first emissions inspection is
required for the second registration year for that vehicle. Vehicles
required to be inspected and registered in this state, except those provided
for in section 49-546, shall be inspected, for the purpose of complying with
the registration or reregistration requirement pursuant to subsection D of
this section, in accordance with the provisions of this article no more than
ninety days prior to each reregistration expiration date. A vehicle may be
submitted voluntarily for inspection more than ninety days before the
reregistration expiration date on payment of the prescribed inspection fee.
Such voluntary inspection shall not be considered as compliance with the
registration or reregistration requirement pursuant to subsection D of this
section.
D. A vehicle shall not be registered or reregistered until such
vehicle has passed the emissions inspection and the tampering inspection
prescribed in subsection G of this section or has been issued a certificate
of waiver. a certificate of waiver shall only be issued one time to a
vehicle after January 1, 1997. If any vehicle to be registered or
reregistered is being sold by a dealer licensed to sell motor vehicles
pursuant to title 28, the cost of any inspection and any repairs necessary
to pass the inspection shall be borne by the dealer. A dealer who is
licensed to sell motor vehicles pursuant to title 28 and whose place of
business is located in a vehicle emissions control area shall not deliver any vehicle to the retail purchaser until the vehicle passes any inspection
required by this article or the vehicle is exempt under subsection J of this
section.
E. On the registration or reregistration of a vehicle which has
complied with the minimum emissions standards pursuant to this section or is
otherwise exempt under this section, the registering officer shall issue an
air quality compliance sticker to the registered owner which shall be placed
on the vehicle as prescribed by rule adopted by the department of
F. The director shall adopt minimum emissions standards pursuant to
section 49-447 with which the various classes of vehicles shall be required
to comply as follows:
1. For the purpose of determining compliance with minimum emissions
standards in area B:
(a) A motor vehicle manufactured in or before the 1980 model year,
other than a diesel powered vehicle, shall be required to take and pass the
curb idle test condition. A diesel powered vehicle is subject to only a
loaded test condition. The conditioning mode shall, at the option of the
vehicle owner or owner's agent, be administered only after the vehicle has
failed the curb idle test condition. Upon completion of such conditioning mode, a vehicle that has failed the curb idle test condition may be retested
in the curb idle test condition. If the vehicle passes such retest, it shall
be deemed in compliance with minimum emissions standards unless the vehicle
fails the tampering inspection pursuant to subsection G of this section.
(b) A motor vehicle manufactured in or after the 1981 model year,
other than a diesel powered vehicle, shall be required to take and pass the
curb idle test condition and the loaded test condition.
2. For purposes of determining compliance with minimum emissions
standards and functional tests in area A:
(a) Motor vehicles manufactured in or after model year 1981, with a
gross vehicle weight rating of eighty-five hundred pounds or less, other than
diesel powered vehicles, shall be required to take and pass a transient
loaded emissions test.
(b) Motor vehicles other than those prescribed by subdivision (a) of
this paragraph and other than diesel powered vehicles shall be required to
take and pass a steady state loaded test and a curb idle emissions test.
(c) Notwithstanding the requirement of subsection C of this section
that the first emissions inspection after the purchase of a new vehicle be
for the second registration year for that vehicle, a diesel powered motor
vehicle applying for registration or reregistration in area A more than
thirty-three months after the date of initial registration shall be required
to take and pass an annual emissions test conducted at an official emissions
inspection station or a fleet emissions inspection station as follows:
(i) A loaded, transient or any other form of test as provided for in
rules adopted by the director for vehicles with a gross vehicle weight rating
of eight thousand five hundred pounds or less.
(ii) A test that conforms with the society for automotive engineers
standard J1667 for vehicles with a gross vehicle weight rating of more than
eight thousand five hundred pounds.
(d) Motor vehicles by specific class or model year shall be required
to take and pass any of the following tests:
(i) An on board diagnostic check as may be required pursuant to title
II of the clean air act.
(ii) An evaporative system purge test.
(iii) An evaporative system integrity test.
3. A motorcycle or constant four-wheel drive vehicle shall be required
to take and pass a curb idle emissions test.
4. Fleet operators in area B which have been issued a permit under
section 49-546 are required to test their vehicles as follows:
(a) A motor vehicle manufactured in or before the 1980 model year
shall take and pass only the curb idle test condition, except that a diesel
powered vehicle is subject to only a loaded test condition.
(b) A motor vehicle manufactured in or after the 1981 model year shall
take and pass the curb idle test condition and a twenty-five hundred
revolutions per minute unloaded test condition.
5. Vehicles owned or operated by the United States, this state or a
political subdivision of this state shall comply with this subsection without
regard to whether those vehicles are required to be registered in this state,
except that alternative fuel vehicles of a school district that is located
in area A shall be required to take and pass the curb idle test condition and
the loaded test condition.
6. Fleet operators in area A shall comply with this section, except
that used vehicles sold by a motor vehicle dealer who is a fleet operator and
who has been issued a permit pursuant to section 49-546 for purposes of
determining compliance with minimum emission standards in area A shall test
their vehicles as follows:
(a) A motor vehicle manufactured in or before the 1980 model year
shall take and pass the curb idle test condition, except that a diesel
powered vehicle is subject to only a loaded test condition.
(b) A motor vehicle manufactured in or after the 1981 model year shall
take and pass the curb idle test condition and a two thousand five hundred
revolutions per minute unloaded test condition.
7. Beginning on January 1, 2004, a diesel powered motor vehicle with
a gross vehicle weight of more than twenty-six thousand pounds and for which
gross weight fees are paid pursuant to title 28, chapter 15, article 2 in
area A shall not be allowed to operate in area A unless it was manufactured
in or after the 1988 model year or is powered by an engine that is certified
to meet or surpass emissions standards contained in 40 Code of Federal
Regulations section 86.088-11. This paragraph does not apply to vehicles
that are registered pursuant to title 28, chapter 7, article 7 or 8.
G. In addition to an emissions inspection, a vehicle is subject to a
tampering inspection on at least a biennial basis if the vehicle was
manufactured after the 1974 model year and the vehicle is not subject to a
transient loaded emissions test. The director shall adopt vehicle
configuration guidelines for the tampering inspection which shall be based
on the original configuration of the vehicle when manufactured. The
tampering inspection shall consist of the following:
1. A visual check to determine the presence of properly installed
catalytic converters.
2. An examination to determine the presence of an operational air
pump.
3. In area A, if the vehicle was manufactured after the 1974 model
year and is not subject to a transient loaded emissions test, a visual
inspection for the presence or malfunction of the positive crankcase
ventilation system and the evaporative control system.
H. Vehicles required to be inspected shall undergo a functional test
of the gas cap to determine if the cap holds pressure within limits
prescribed by the director, except for any vehicle that is subject to an
evaporative system integrity test.
I. Motor vehicles failing the initial or subsequent test are not
subject to a penalty fee for late registration renewal if the original
testing was accomplished before the expiration date and if the registration
renewal is received by the
J. The director may adopt rules for purposes of implementation,
administration, regulation and enforcement of the provisions of this article
including:
1. The submission of records relating to the emissions inspection of
vehicles inspected by another jurisdiction in accordance with another
inspection law and the acceptance of such inspection for compliance with the
provisions of this article.
2. The exemption from inspection of:
(a) A motor vehicle manufactured in or before the 1966 model year.
(b) New vehicles originally registered at the time of initial retail
sale and titling in this state pursuant to section 28-2153 or 28-2154.
(c) Vehicles registered pursuant to title 28, chapter 7, article 7
or 8.
(d) Vehicles which will not be available within the state during the
ninety days prior to registration.
(e) Golf carts.
(f) Electrically-powered vehicles.
(g) Vehicles with an engine displacement of less than ninety cubic
centimeters.
(h) The sale of vehicles between motor vehicle dealers.
(i) Vehicles leased to a person residing outside of a vehicle
emissions control area by a leasing company whose place of business is in a
vehicle emissions control area.
3. Compiling and maintaining records of emissions test results after
servicing.
4. A procedure which shall allow the vehicle service and repair
industry to compare the calibration accuracy of its emissions testing
equipment with the department's calibration standards.
5. Training requirements for automotive repair personnel using
emissions measuring equipment whose calibration accuracy has been compared
with the department's calibration standards.
6. Any other rule which may be required to accomplish the provisions
of this article.
K. The director shall, after consultation with automobile
manufacturers and the vehicle service and repair industry, establish by rule a definition of "low emissions tune-up" for motor vehicles subject to
inspection under this article. The definition shall specify repair
procedures which, when implemented, will reduce vehicle emissions.
L. The director shall adopt rules which specify that the estimated
retail cost of all recommended maintenance and repairs shall not exceed the
amounts prescribed in this subsection, except that if a vehicle fails a
tampering inspection there is no limit on the cost of recommended maintenance
and repairs. The director shall issue a certificate of waiver for a vehicle
which has failed reinspection, if the director has determined that all
recommended maintenance and repairs have been performed. If, after
reinspection, the director has determined that the vehicle is in compliance
with minimum emissions standards or that all recommended maintenance and
repairs for compliance with minimum emissions standards have been performed,
but that tampering discovered at a tampering inspection has not been
repaired, the director may issue a certificate of waiver if the owner of the
vehicle provides to the director a written statement from an automobile parts
or repair business that an emissions control device which is necessary to
repair the tampering is not available and cannot be obtained from any usual
source of supply before the vehicle's current registration expires. Rules
adopted by the director for the purpose of establishing the estimated retail
cost of all recommended maintenance and repairs pursuant to this subsection
shall specify that:
1. In area A the cost shall not exceed:
(a) Five hundred dollars for a diesel powered vehicle with a gross
weight in excess of twenty-six thousand pounds.
(b) Five hundred dollars for a diesel powered vehicle with tandem
axles.
(c) For a vehicle other than a diesel powered vehicle with a gross
weight in excess of twenty-six thousand pounds and other than a diesel
powered vehicle with tandem axles:
(i) One hundred dollars for such a vehicle manufactured in or before
the 1974 model year.
(ii) Three hundred dollars for such a vehicle manufactured in the 1975
through 1979 model years.
(iii) Four hundred fifty dollars for such a vehicle manufactured in
or after the 1980 model year.
2. In area B the cost shall not exceed:
(a) Three hundred dollars for a diesel powered vehicle with a gross
weight in excess of twenty-six thousand pounds.
(b) Three hundred dollars for a diesel powered vehicle with tandem
axles.
3. For a vehicle other than a diesel powered vehicle with a gross
weight in excess of twenty-six thousand pounds and other than a diesel
powered vehicle with tandem axles:
(a) Fifty dollars for such a vehicle manufactured in or before the
1974 model year.
(b) Two hundred dollars for such a vehicle manufactured in the 1975
through 1979 model years.
(c) Three hundred dollars for such a vehicle manufactured in or after
the 1980 model year.
M. Each person whose vehicle has failed an emissions inspection shall
be provided a list of those general recommended tune-up procedures for
vehicles which are designed to reduce vehicle emissions levels. The list
shall include the following notice: "This test is the result of federal law.
You may wish to contact your representative in the United States Congress."
N. Notwithstanding any other provisions of this article, the director
may adopt rules allowing exemptions from the requirement that all vehicles
must meet the minimum standards for registration or reregistration.
O. The director of environmental quality shall establish, in
cooperation with the
1. An adequate method for identifying bona fide residents residing
outside of vehicle emissions control areas to ensure that such residents are
exempt from compliance with the inspection program established by this
article and rules adopted under this article.
2. A written notice that shall accompany the vehicle registration
application forms that are sent to vehicle owners pursuant to section 28-2151
and that shall accompany or be included as part of the vehicle emissions test
results that are provided to vehicle owners at the time of the vehicle
emissions test. This written notice shall describe at least the following:
(a) The restriction of the waiver program to one time per vehicle and
a brief description of the implications of this limit.
(b) The availability and a brief description of the vehicle repair
grant program established pursuant to subsection S of this section.
(c) Notice that many vehicles carry extended warranties for vehicle
emissions systems, and those warranties are described in the vehicle's
owner's manual or other literature.
(d) If a catalytic converter replacement program is established
pursuant to subsection R of this section, a description of the catalytic
converter replacement program.
3. A written notice shall be included as part of the vehicle emissions
test results that are provided to vehicle owners at the time of the vehicle
emissions test. The notice shall include information on all of the
following:
(a) The amount of the vehicle emissions test cost that is paid by the
vehicle owner.
(b) The amount of the vehicle emissions test cost that is subsidized
by the state, including any amount that the state may have previously
subsidized and the source of that subsidy.
(c) Notice that on July 1, 1997 the state subsidy, including state
funding for other elements of the vehicle emissions inspection program, may
terminate and that the vehicle owner may be expected to pay the full cost of
the vehicle emissions inspection test.
P. Notwithstanding any other law, if a vehicle emissions control area
is reclassified as an attainment area, emissions testing conducted pursuant
to this article shall continue for vehicles registered inside that
reclassified area, vehicles owned by a person who is subject to section
15-1444 or 15-1627 and vehicles registered outside of that reclassified area
but used to commute to the driver's principal place of employment located
within that reclassified area.
Q. A fleet operator who is issued a permit pursuant to section 49-546
may electronically transmit emissions inspection data to the department of
R. If the administrator of the United States environmental protection
agency finds that area A has failed to demonstrate reasonable further
progress or has failed to attain the national ambient air quality standards
for carbon monoxide or ozone by the applicable attainment date, the director
shall operate and administer a program to require replacement of catalytic
converters on motor vehicles that fail to meet emissions standards due to
failure of the catalytic converter system if that failure is not the result
of tampering. The director shall implement the following:
1. Replacement of catalytic converters on all high-emitting vehicles
which fail inspection due to the catalytic converter system.
2. Prohibiting a certificate of waiver pursuant to subsection L of
this section for any vehicle which has failed inspection due to the catalytic
converter system.
S. For area A, the director shall establish a vehicle repair grant
program. The director shall adopt rules to implement the program, which
shall include the following:
1. Eligibility for receiving a grant, provided that eligibility shall
be limited to persons who own a high-emitting vehicle that fails inspection
and who are assistance recipients of the food stamp program.
2. In consultation with the director of the department of economic
security, an efficient and accurate system for proper verification of
eligibility status.
3. Establishment of categories of repair and maximum grant amounts
available for each category of repair. Qualified vehicle owners shall be
responsible for one-half of the costs of qualified repairs, and the state shall contribute the other one-half of the costs of qualified repairs up to
the applicable threshold waiver amounts.
4. Establishment of procedures which promote administrative efficiency
and protect against possible fraud and abuse within the program.
5. A system for expedited payment of grant amounts to mechanics who
perform necessary repairs pursuant to the provisions of the program.
T. The director shall establish provisions for rapid testing of
certain vehicles and to allow fleet operators, singly or in combination, to
contract directly for vehicle emissions testing.
U. Each vehicle emissions control station in area A shall have a sign
posted to be visible to persons who are having their vehicles tested. This
sign shall state that enhanced testing procedures are a direct result of
federal law.
V. The initial adoption of rules pursuant to this section shall be
deemed emergency rules pursuant to section 41-1026.
W. The director of environmental quality and the director of the
department of
X. Any person who sells a vehicle that has been issued a certificate
of waiver pursuant to this section after January 1, 1997 and who knows that
a certificate of waiver has been issued after January 1, 1997 for that
vehicle shall disclose to the buyer before completion of the sale that a
certificate of waiver has been issued for that vehicle.
Sec. 128. Section 49-542.01, Arizona Revised Statutes, is amended to
read:
A. The director shall implement a random on-road testing program in
area A as a supplement to the periodic inspection requirement prescribed by
section 49-542. The program shall include the use of remote sensing devices.
The program shall not include a pullover program. The program shall include
provisions for a minimum of six on-road testing units to be deployed
throughout the nonattainment area.
B. For the first identification of a vehicle registered in area A as
exceeding the emissions standards, the director shall send a notification
letter by first class mail to the registered owner of the vehicle informing
the registered owner of the date, time, location and test results. The
letter shall also contain a brief description of the emissions control
program and the benefits to be derived by the testing and repair procedures.
C. For the second identification of a vehicle registered in area A as
exceeding the emissions standards within a twelve month period, the director
shall send a notification letter by first class mail to the registered owner of the vehicle informing the registered owner of the date, time, location and
test results. The second identification is not valid for purposes of sending
a notification letter if the first and second identifications occurred on the
same day by remote sensing units that were less than one-quarter mile apart.
The letter shall indicate that an emissions test is required to be performed
pursuant to section 49-542 within thirty days of the date of the letter. If
the owner does not comply with the requirement to be tested, the department
of environmental quality shall notify the department of
D. Notwithstanding section 49-542, for a vehicle that is registered
in area A and that is identified as emitting fifty per cent or less of the
emissions standard for each pollutant on three consecutive occasions within
a twelve month period, the director shall send a notification letter by first
class mail to the registered owner of the vehicle stating the dates, times,
locations and test results. Each identification shall occur in separate
months. The letter shall indicate that an emissions test for that vehicle
is not required to be performed pursuant to section 49-542 for the next
testing cycle and shall contain a notice that a reduced fee shall be paid in
lieu of the vehicle emissions testing fee that is established by the director
pursuant to section 49-543. The registered owner shall remit the reduced fee
to the registering officer at the time of the next testing cycle together
with the appropriate registration fees. The registering officer shall
transmit the reduced fee to the state treasurer for deposit in the emissions
inspection fund established by section 49-544. This subsection does not
apply to the first emissions inspection after purchase of a new motor vehicle
as prescribed by section 49-542, subsection C.
E. All notification sent to the registered owner of a vehicle pursuant
to this section shall be sent to the address provided to the department of
F. If the administrator of the United States environmental protection
agency finds that area A has failed to demonstrate reasonable further
progress or has failed to attain the national ambient air quality standards
for ozone or carbon monoxide by the applicable attainment date, the
notification procedure and requirements shall comply with subsection C of this section, except that the emissions test shall be required the first time
a vehicle is identified.
G. Commercial diesel powered vehicles are exempt from this section.
Sec. 129.
A. All persons employed on the effective date of this act in the motor
vehicle division of the department of transportation are transferred to the
department of motor vehicles established by this act.
B. All records, furnishings, equipment and unexpended monies,
including appropriated monies for fiscal year 1997-1998, of the motor vehicle
division of the department of transportation are transferred to the
department of motor vehicles established by this act.
C. All contracts, orders and judicial and quasi-judicial actions and
similar matters, whether completed, pending or in process, of the motor
vehicle division of the department of transportation are transferred to and
retain the same status with the department of motor vehicles established by
this act.
D. Rules adopted by the motor vehicle division of the department of
transportation remain in effect until superseded by rules of the department
of motor vehicles established by this act.
Sec. 130.
The purpose of the department of motor vehicles is to regulate
vehicles, drivers and motor vehicle related taxes and functions.
Sec. 131.
A. It is the intent of the legislature that for January through June
of fiscal year 1997-1998 the budget of the department of motor vehicles
established by this act remain the same as that appropriated for the motor
vehicle division of the department of transportation.
B. The office of strategic planning and budgeting in consultation with
the joint legislative budget committee staff shall establish a budget for the
department of motor vehicles for fiscal years 1998-1999, 1999-2000 and
2000-2001 for submission to the legislature in each of those fiscal years
that reflects a five per cent reduction from the department's budget in the
preceding fiscal year as adjusted for pay increases and significant
organizational or functional responsibility changes enacted by the
legislature.
C. Beginning October 1, 1998, the director of the department of motor
vehicles shall submit a quarterly report to the office of strategic planning
and budgeting and the joint legislative budget committee relating to the
impact of the budget reductions prescribed by this section on customer
service. The report shall include any changes in the length of customer wait
times and other customer service measurements deemed relevant by the
director.
Sec. 132.
Section 41-2501, Arizona Revised Statutes, as amended by section 118
of this act, is effective from and after June 30, 1998.
Sec. 133.
Because certain sections of this act amend sections of the Arizona Revised Statutes as amended or added by Senate Bill 1009 (title 28 rewrite;
conforming legislation), this act is effective from and after December 31,
1997 only if Senate Bill 1009, forty-third legislature, first regular
session, relating to transportation, is enacted into law.
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