House of Representatives

SB 1305

motor vehicle division; continuation

Sponsors: Hamilton, Bee, Guenther

 

DPA

Committee on Transportation

W/D

Committee on Government Reform

 

DPA S/E

Committee on Appropriations

X

Caucus and COW

 

As Passed the House

 

SB 1305 continues the Arizona Department of Transportation Motor Vehicle Division (MVD) until July 1, 2010.

The strike-everything amendment to SB 1305 approved by the House Appropriations Committee does the following:

·                      Continues MVD until July 1, 2002.

 

Provisions of HB 2256, formerly the traffic regulation bill:

·                      Allows ADOT or a local authority to designate a specific lane or lanes of a highway for motor vehicles or vehicle combinations with a declared gross weight of at least 26,000 pounds or drawing a pole trailer weighing 6,000 pounds or more.

·                      Requires ADOT or the local authority to post signs at reasonable intervals giving notice of lane restrictions.

·                      States that this requirement does not apply to drivers preparing for a right-hand or left-hand turn, entering or exiting a highway or drivers who must operate their vehicle in another lane to continue on their intended route.

·                      Exempts buses from these restrictions.

 

Provisions of SB 1505, formerly the off-highway vehicles; dirt roads bill:

·                      Exempts persons operating all-terrain vehicles or off-road recreational motor vehicles from the registration and insurance requirements when operating on a dirt road.

·                      Defines dirt road as an unpaved or ungraveled road not maintained by a city, town, county or the state.

 

Provisions of SB 1212, formerly the MVD omnibus bill:

·                      Allows the Arizona Department of Transportation (ADOT) director to assess a service fee of not more than $25 plus any actual charges assessed by the financial institution of the holder for a dishonored check. 

·                      Allows the ADOT Director to assess collection costs.

·                      Eliminates the ADOT Director’s authority to request a state and federal criminal records check of currently licensed dealers, third party and title service companies from the Department of Public Safety for a fee.

·                      Requires a person to hold an instruction permit prior to applying for a class G driver license.

·                      Removes the requirement that a person holding a motorcycle permit and applying for a class G driver license drive five hours at night.

·                      Requires the ADOT Director to enter into agreement by contract with the authorized agents, brokers or subcontractors of public and private entities for compensation.

·                      Allows a person to transfer license plates to another vehicle registered in that person’s name and receive credit for the unexpended highway use fee.

·                      Extends the power of attorney to include activities that do not have to be witnessed if the power of attorney has been notarized.

·                      Removes option to use the issuance of stamps or coupons in lieu of cash to pay fees associated with records requested.

·                      Requires ADOT to provide and not charge foreign law enforcement agencies for copies of the Arizona Department of Transportation Motor Vehicle Division (MVD) records or information furnished from MVD records.

·                      Sets fees at $5 for copies of MVD records or vehicle title history.

·                      Eliminates the one-time $100 filing fee for registering vehicle as a fleet that is deposited in the state highway fund.

·                      Decreases the number of vehicles defined as a fleet from three to two.

·                      Exchanges monies being deposited in the state highway fund from fleet registration fees to addition to fleet fees.

·                      Requires every foreign vehicle owned and operated by a nonresident to be registered and licensed in this state.

·                      Requires the ADOT Director to deposit fees collected for the registration of nonresident vehicles at ports of entry between Mexico and Arizona into the safety enforcement and transportation infrastructure fund. 

·                      Deletes obsolete language related to the registration of a vehicle by county assessors.

·                      Eliminates the provision that requires ADOT to send notices by certified restricted mail.

·                      Allows a person to notify MVD of an address change by electronic means.  Removes name change from options of notification.

·                      Exempts golf carts and electric vehicles produced or modified before June 17, 1998 from windshield and vehicle equipment.

·                      Eliminates specification of new or used car on application of certificate of title.

·                      Requires the manufacturer to surrender the certificate of title before ADOT issues a title to a new vehicle.

·                      Encompasses motor vehicle, motorcycle, trailer and semitrailer into the definition of a vehicle.

·                      Substitutes the term hearing impaired for the term deaf.

·                      Enables ADOT to issue an alternative fuel vehicle special plate to a person who leases an alternative fuel vehicle.

·                      Extends authority of a licensed physician of another state to issue certificate of hearing impaired persons special plates.

·                      Stipulates that a permanently disabled special plate is valid until the person no longer qualifies for issuance.

·                      Expands the definition of authorized physician to include licensed podiatrists.

·                      Enables owners of vehicles that weigh 26,000 pounds or less to apply for military specialty plates for a vehicle that is currently registered.

·                      Repeals the ADOT Director’s authority to deny a license to an individual who has not completed the entire sentence imposed by the court as a result of the felony conviction.

·                      Allows the ADOT Director to stagger dealer license and the use of dealer license plates continuation dates to uniformly distribute continuation workload throughout the calendar year.  Allows the ADOT Director to issue prorated licenses for more or less than a 12-month period, but not exceeding 18 months. 

·                      Excludes the use of markers as a temporary registration plate.

·                      Includes receipt of a year validating tab in provisions in which a temporary registration plate expires and is void. 

·                      Stipulates that a vehicle purchased, traded or bartered without ownership documents does not qualify as an abandoned vehicle.

·                      Decreases the number of days a vehicle can be left in a public parking garage, lot or storage facility before qualifying as an abandoned vehicle from 15 to 10. 

·                      Specifies that a contract for repair can be written or oral.

·                      Prohibits proprietors of a garage, repair or service station from using the abandoned vehicle process to claim ownership of that vehicle in place of the mechanics lien law, which grants a lien upon the vehicle, parts, accessories, labor and storage to the proprietor of the repair shop.

·                      Expands the definition of an owner to include lienholder, or any other person identified on the records and having interest in the vehicle as referenced to an abandoned vehicle.

·                      Requires the application for transfer of ownership be signed and include a statement that no person has presented proof of ownership of the vehicle and that the applicant is in possession of the vehicle. 

·                      Includes a vehicle involved in an insurance claims process in the definition of an abandoned vehicle.

·                      Requires ADOT to give notice of an abandoned vehicle within five days for a vehicle with a record in this state or within 30 days for all other vehicles.

·                      Extends the time period for which an abandoned vehicle must remain unclaimed before the ADOT Director must determine if the vehicle is a stolen vehicle from 15 to 30 days after the date placed on notification or within 10 days of publication in a newspaper of the county in which it was found.

·                      Prescribes a class 1 misdemeanor for a title service company that violates the licensing procedure.

·                      Requires the ADOT Director to provide the denied applicant written advice of the denial and grounds for denial.  Details grounds for denial by the ADOT Director.

·                      Allows the ADOT Director to deny a third party application if an individual has been convicted of any felony within five years immediately preceding the date of the criminal records check. 

·                      Clarifies motor vehicle show permit procedures for the new car dealer association.

·                      Removes obsolete language.

·                      Makes technical and conforming changes.

 

The strike-everything amendment was further amended in the Appropriations Committee as follows:

·                      Eliminates the fee waiver for a driver license or vehicle registration transaction if a person must wait longer than ten minutes from the time the person enters an MVD facility until the person reaches the counter.

·                      Eliminates the requirement that MVD consult with the joint legislative budget committee to establish a method to assess the wait times at MVD facilities.

·                      Eliminates the provisions pertaining to lowering the maximum speed limit to 65 miles per hour for large commercial vehicles with a declared gross vehicle weight of 26,000 pounds or more.

·                       

·                       

·                      ---------- DOCUMENT FOOTER ---------

·                      44th Legislature                                                                       Analyst Initials _______

·                      Second Regular Session                                                                       March 15, 2000

·                       

·                      ---------- DOCUMENT FOOTER ---------