AMENDING SECTIONS 28-2351, 28-2403 AND 28-2405, ARIZONA REVISED STATUTES;
AMENDING TITLE 28, CHAPTER 7, ARTICLE 12, ARIZONA REVISED STATUTES, BY ADDING
SECTION 28-2417; AMENDING SECTIONS 28-6501, 28-6991 AND 28-6993, ARIZONA REVISED STATUTES; AMENDING TITLE 41, CHAPTER 1, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 41-109; RELATING TO SPECIAL LICENSE PLATES.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-2351, Arizona Revised Statutes, is amended to read:
A. The department shall provide to every owner one license plate for each motor vehicle, motorcycle, trailer or semitrailer registered. At the request of the owner and on payment of any required fee, the department shall provide either one or two license plates for a motor vehicle for which a special plate is requested pursuant to this chapter, except that the department shall provide one license plate if the special plate is issued pursuant to section 28-2409 or 28-2416.
B. The license plate shall display the number assigned to the vehicle and to the owner of the vehicle and the name of this state, which may be abbreviated. The director shall coat the license plate with a reflective material that is consistent with the determination of the license plate commission established by section 28-2405 regarding the color and design of license plates and special plates as prescribed by section 28-2405. The director shall design the license plate and the letters and numerals on the license plate to be of sufficient size to be plainly readable during daylight from a distance of one hundred feet.
C. Notwithstanding any other law, the department shall not contract with a nongovernmental entity to purchase or secure reflective material for the plates issued by the department unless the department has made a reasonable effort to secure qualified bids or proposals from as many individual responsible respondents as possible.
D. The license plate commission established by section 28-2405 shall
determine the color and design of the license plate. All other plates issued
by the department, except the plates issued pursuant to sections 28-2412,
28-2413, 28-2414, 28-2416,
E. A passenger motor vehicle rented without a driver shall receive the same type of license plate as issued for a private passenger motor vehicle.
Sec. 2. Section 28-2403, Arizona Revised Statutes, is amended to read:
A. Except as otherwise provided in this article, the department shall issue or renew special plates in lieu of the regular license plates pursuant to the following conditions and procedures and only if the requirements prescribed by this article for the requested special plates are met:
1. Except as provided in section 28-2416, a person who is the registered owner of a vehicle registered with the department or who applies for an original or renewal registration of a vehicle may submit to the department a completed application form as prescribed by the department with the fee prescribed by section 28-2402 for special plates in addition to the registration fee prescribed by section 28-2003.
2. Except for plates issued pursuant to sections 28-2412, 28-2413,
28-2414, 28-2416,
3. Except as provided in sections 28-2406 and 28-2416, the department shall issue special plates only to the registered owner or lessee of a vehicle that has a declared gross weight, as defined in section 28-5431, of twenty-six thousand pounds or less. The special plates shall be used on a vehicle currently registered in the applicant's name or in the name of the applicant and another person or on a vehicle leased by the applicant.
4. Except as provided in section 28-2416, the department shall charge the fee prescribed by section 28-2402 for each annual renewal of special plates in addition to the registration fee prescribed by section 28-2003.
B. Except as provided in section 28-2416, on notification to the department and on payment of the transfer fee prescribed by section 28-2402, a person who is issued special plates may transfer the special plates to another vehicle the person owns or leases. Persons who are issued special plates for deaf persons pursuant to section 28-2408 and international symbol of access special plates pursuant to section 28-2409 are exempt from the transfer fee. If a person who is issued special plates sells, trades or otherwise releases ownership of the vehicle on which the plates have been displayed, the person shall immediately report the transfer of the plates to the department or the person shall surrender the plates to the department as prescribed by the director. It is unlawful for a person to whom the plates have been issued to knowingly permit them to be displayed on a vehicle except the vehicle authorized by the department.
C. The special plates shall be affixed to the vehicle for which registration is sought in lieu of the regular license plates.
D. A person is guilty of a class 3 misdemeanor who:
1. Violates subsection B of this section.
2. Fraudulently gives false or fictitious information in the application for or renewal of special plates or placards issued pursuant to this article.
3. Conceals a material fact or otherwise commits fraud in the application for or renewal of special plates or placards issued pursuant to this article.
Sec. 3. 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
5. The director of the department of transportation or the director's designee.
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 transportation or the director's designee shall serve as chairman of the commission. The chairman shall preside at commission meetings and coordinate the activities of the commission and staff implementation of commission actions.
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,
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. 4. Title 28, chapter 7, article 12, Arizona Revised Statutes, is amended by adding section 28-2417, to read:
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 AN ANNUAL
DONATION.
C. THE DEPARTMENT SHALL TRANSMIT ALL SPECIAL PLATE ADMINISTRATION FEES
AND ALL DONATIONS COLLECTED PURSUANT TO THIS SECTION TO THE STATE TREASURER.
THE STATE TREASURER SHALL DEPOSIT THE SPECIAL PLATE ADMINISTRATION FEES IN
THE STATE HIGHWAY FUND ESTABLISHED BY SECTION 28-6991 AND SHALL DEPOSIT THE
DONATIONS IN THE PREVENTION OF CHILD ABUSE FUND ESTABLISHED BY SECTION
41-109.
Sec. 5. Section 28-6501, Arizona Revised Statutes, is amended to read:
In this article, unless the context otherwise requires or except as otherwise provided by statute, "highway user revenues" means all monies received in this state from licenses, taxes, penalties, interest and fees authorized by the following:
1. Chapters 2, 7, 8 and 15 of this title, except for:
(a) The special plate administration fees prescribed in sections
28-2404, 28-2412 through
(b) The donations prescribed in sections 28-2412 through 28-2415,
2. Chapters 10 and 11 of this title.
3. Chapter 16, articles 1, 2 and 4 of this title, except for sections 28-5616 and 28-5617.
Sec. 6. 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 28-410.
10. Monies distributed pursuant to section 28-5808, subsection A, paragraph 2, subdivision (a).
11. Monies deposited pursuant to sections 28-1143, 28-2010, 28-2353 and 28-3003.
12. Monies deposited pursuant to section 28-4302, subsection A, paragraph 3.
13. Except as provided in section 28-5101, the following monies:
(a) Monies deposited pursuant to sections 28-2202 and 28-2206 and section 28-5808, subsection A, paragraph 2, subdivision (h).
(b) One dollar of each registration fee and one dollar of each title fee collected pursuant to section 28-2003.
(c) Two dollars of each late registration penalty collected by the director pursuant to section 28-2162.
(d) The air quality compliance fee collected pursuant to section 49-542.
(e) The special plate administration fees collected pursuant to
sections 28-2404, 28-2412 through
(f) The windshield sticker fee collected pursuant to section 28-2355.
(g) Monies collected pursuant to sections 28-372, 28-2155 and 28-2156 if the director is the registering officer.
14. Monies deposited pursuant to chapter 5, article 5 of this title.
15. Donations received pursuant to section 28-2269.
16. Dealer and registration monies collected pursuant to section 28-4304.
17. Abandoned vehicle administration monies
Sec. 7. 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, including payment of interest on obligations entered into pursuant to this title, repayment of loans and other financial assistance, including repayment of advances and interest on advances made to the department pursuant to section 28-7677, and payment of all other obligations and expenses of the board and department pursuant to chapter 21, article 5 of this title.
8. To pay lawful bills and charges incurred by the state engineer.
9. To acquire, construct or improve entry roads to state parks or roads within state parks.
10. To acquire, construct or improve entry roads to state prisons.
11. To pay the cost of relocating a utility facility pursuant to section 28-7156.
12. For the purposes provided in subsections C, D, E and F of this section and sections 28-1143, 28-2010, 28-2353 and 28-3003.
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.
C. Subject to legislative appropriation, the director shall use the monies in the state highway fund as prescribed in section 28-6991, paragraph 12 for processing the application and for the criminal background investigations required pursuant to chapter 10 of this title.
D. Subject to legislative appropriation, the department may use the
monies in the state highway fund as prescribed in section 28-6991, paragraph
13 to carry out the duties imposed by this title for registration or titling
of vehicles, to operate joint title, registration and driver licensing
offices, to cover the administrative costs of issuing the air quality
compliance sticker, modifying the year validating tab and issuing the
windshield sticker and to cover expenses and costs in issuing special plates
pursuant to sections 28-2404 and 28-2412 through
E. The department shall use monies deposited in the state highway fund pursuant to chapter 5, article 5 of this title only as prescribed by that article.
F. Monies deposited in the state highway fund pursuant to section 28-2269 shall be used only as prescribed by that section.
G. The department may exchange monies distributed to the state highway fund pursuant to section 28-6538, subsection A, paragraph 1 for local government surface transportation program federal monies suballocated to councils of government and metropolitan planning organizations in counties with a population of four hundred thousand persons or less if the local government scheduled to receive the federal monies concurs. An exchange of state highway fund monies pursuant to this subsection shall be in an amount that is at least equal to ninety per cent of the federal obligation authority that exists in the project for which the exchange is proposed.
Sec. 8. Title 41, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 41-109, to read:
B. THE DIRECTOR OF THE DIVISION FOR CHILDREN IN THE GOVERNOR'S OFFICE
SHALL ALLOCATE MONIES THROUGH A PRIVATE FOUNDATION THAT IS QUALIFIED UNDER
SECTION 501
C. ON NOTICE FROM THE DIRECTOR OF THE DIVISION FOR CHILDREN IN THE
GOVERNOR'S OFFICE, 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. MONIES IN THE FUND ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-190
RELATING TO LAPSING OF APPROPRIATIONS.
E. BEFORE ALLOCATING MONIES PURSUANT TO SUBSECTION B OF THIS SECTION:
1. THE DIRECTOR OF THE DIVISION FOR CHILDREN IN THE GOVERNOR'S OFFICE
SHALL PREPARE AND ISSUE A REQUEST FOR DONATION APPLICATION THAT INCLUDES AT
LEAST THE FOLLOWING INFORMATION:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
2. ADEQUATE PUBLIC NOTICE OF THE REQUEST FOR DONATION APPLICATION
SHALL BE GIVEN A REASONABLE TIME BEFORE THE DATE SET FORTH IN THE REQUEST FOR
APPLICATION. THE NOTICE MAY INCLUDE PUBLICATION ONE OR MORE TIMES IN A
NEWSPAPER OF GENERAL CIRCULATION IN THIS STATE A REASONABLE TIME BEFORE THE
APPLICATION OPENING.
3. A PREAPPLICATION CONFERENCE MAY BE CONDUCTED BEFORE THE DUE DATE
FOR THE SUBMITTAL OF AN APPLICATION TO EXPLAIN THE DONATION APPLICATION
REQUIREMENTS. STATEMENTS MADE AT A PREAPPLICATION CONFERENCE ARE NOT
AMENDMENTS TO A REQUEST FOR A DONATION APPLICATION UNLESS A WRITTEN AMENDMENT
IS ISSUED.
4. A DONATION APPLICATION SHALL BE PUBLICLY RECEIVED AT THE TIME AND
PLACE DESIGNATED IN THE REQUEST FOR DONATION APPLICATION. THE NAME OF EACH
APPLICANT SHALL BE PUBLICLY READ AND RECORDED. ALL OTHER INFORMATION IN THE
DONATION APPLICATION IS CONFIDENTIAL DURING THE PROCESS OF EVALUATION. ALL
APPLICATIONS SHALL BE OPEN FOR PUBLIC INSPECTION AFTER DONATIONS ARE AWARDED.
TO THE EXTENT THE APPLICANT DESIGNATES AND THE STATE CONCURS, TRADE SECRETS
AND OTHER PROPRIETARY INFORMATION CONTAINED IN THE APPLICATION SHALL REMAIN
CONFIDENTIAL.
5. AN APPLICATION SHALL BE EVALUATED BY AT LEAST THREE EVALUATORS WHO
ARE PEERS OR OTHER QUALIFIED INDIVIDUALS. THE EVALUATORS MAY ALLOW AN
APPLICANT TO MAKE AN ORAL OR WRITTEN PRESENTATION REGARDING THE SCOPE OF
WORK, TERMS AND CONDITIONS OF THE DONATIONS, BUDGET AND OTHER RELEVANT
MATTERS SET FORTH IN THE REQUEST FOR APPLICATION. AN APPLICANT SHALL BE
ACCORDED FAIR TREATMENT WITH RESPECT TO ANY OPPORTUNITY FOR ORAL OR WRITTEN
PRESENTATIONS. THE EVALUATORS MAY REQUIRE AN APPLICANT TO REVISE THE APPLICATION TO REFLECT INFORMATION PROVIDED IN AN ORAL OR WRITTEN
PRESENTATION. ANY PERSON WHO HAS INFORMATION CONTAINED IN THE APPLICATION
OF COMPETING APPLICANTS SHALL NOT DISCLOSE THAT INFORMATION.
6. THE EVALUATORS SHALL REVIEW EACH APPLICATION BASED SOLELY ON THE
EVALUATION CRITERIA OR FACTORS SET FORTH IN THE REQUEST FOR DONATION
APPLICATION. EACH EVALUATOR SHALL MAINTAIN A WRITTEN RECORD OF THE
EVALUATOR'S ASSESSMENT OF EACH APPLICATION, WHICH SHALL INCLUDE COMMENTS
REGARDING COMPLIANCE WITH EACH EVALUATION CRITERIA OR FACTOR, THE CITATION
OF A SPECIFIC CRITERIA OR FACTOR AS THE BASIS OF EACH STATED STRENGTH OR
WEAKNESS AND A CLEAR DIFFERENTIATION BETWEEN COMMENTS BASED ON FACTS
PRESENTED IN THE APPLICATION AND COMMENTS BASED ON PROFESSIONAL JUDGMENT.
7. THE EVALUATORS SHALL MAKE AWARD RECOMMENDATIONS TO THE DIRECTOR OF
THE DIVISION FOR CHILDREN IN THE GOVERNOR'S OFFICE BASED ON THE EVALUATORS'
REVIEWS OF EACH APPLICATION. THE EVALUATORS' RECOMMENDATIONS MAY INCLUDE
THE ADJUSTMENT OF THE BUDGETS OF THE APPLICANTS INDIVIDUALLY OR COLLECTIVELY.
8. THE DIRECTOR OF THE DIVISION FOR CHILDREN IN THE GOVERNOR'S OFFICE
MAY AFFIRM, MODIFY OR REJECT THE EVALUATORS' RECOMMENDATIONS IN WHOLE OR IN
PART. MODIFICATION OF THE EVALUATORS' RECOMMENDATIONS MAY INCLUDE THE
ADJUSTMENT OF THE BUDGET ON ANY PROPOSED AWARD INDIVIDUALLY OR ON ALL AWARDS
BY AN AMOUNT OR PERCENTAGE. IF THE DIRECTOR OF THE DIVISION MODIFIES OR
REJECTS THE RECOMMENDATIONS, THE DIRECTOR SHALL DOCUMENT IN WRITING THE
SPECIFIC JUSTIFICATIONS FOR THE ACTION TAKEN.
9. THE DIRECTOR OF THE DIVISION FOR CHILDREN IN THE GOVERNOR'S OFFICE
MAY ENTER INTO AGREEMENTS WITH OTHER STATE GOVERNMENTAL UNITS TO FURNISH
ASSISTANCE IN CONDUCTING THE SOLICITATION OF DONATION APPLICATIONS.
10. THE DIRECTOR OF THE DIVISION FOR CHILDREN IN THE GOVERNOR'S OFFICE
MAY RESOLVE PROTESTS OF THE AWARD OR PROPOSED AWARD OF A DONATION. AN APPEAL
FROM A DECISION OF THE DIRECTOR OF THE DIVISION FOR CHILDREN IN THE
GOVERNOR'S OFFICE MAY BE MADE TO THE DIRECTOR OF THE DEPARTMENT OF
ADMINISTRATION. A PROTEST OF AN AWARD OR PROPOSED AWARD OF A DONATION AND
ANY APPEALS SHALL BE RESOLVED IN ACCORDANCE WITH THE RULES OF PROCEDURE
ADOPTED BY THE DEPARTMENT OF ADMINISTRATION PURSUANT TO SECTION 41-2611.
F. FOR THE PURPOSES OF THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
1. "DONATION" MEANS FURNISHING FINANCIAL OR OTHER ASSISTANCE,
INCLUDING STATE FUNDS OR FEDERAL GRANT FUNDS, BY THE DIRECTOR OF THE DIVISION
FOR CHILDREN IN THE GOVERNOR'S OFFICE TO ANY PERSON FOR THE PURPOSE OF
SUPPORTING OR STIMULATING PRIMARY PREVENTION PROGRAMS THAT STRENGTHEN
FAMILIES AND THAT INCREASE PUBLIC AND PROFESSIONAL AWARENESS TO PREVENT CHILD
ABUSE IN ALL ITS FORMS TO CHILDREN OF THIS STATE IF NO SUBSTANTIAL
INVOLVEMENT BETWEEN THE DIVISION FOR CHILDREN AND THE RECIPIENT OCCURS DURING
PERFORMANCE.
2. "PERSON" MEANS ANY CORPORATION, BUSINESS, INDIVIDUAL, COMMITTEE,
CLUB OR OTHER ORGANIZATION OR GROUP OF INDIVIDUALS.
APPROVED BY THE GOVERNOR APRIL 26, 1999.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 26, 1999.
Click here to return to the A.L.I.S. Home Page.