Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-2351, Arizona Revised Statutes, is amended to read:
28-2351. License plate provided; design
A. The department shall provide to every owner one license plate for each vehicle 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 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 28‑2404, 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 department 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. In addition to the standard license plate issued for a trailer before August 12, 2005, the director shall issue a license plate for trailers that has a design that is similar to the standard size license plate for trailers but that is the same size as the license plate for motorcycles. The trailer owner shall notify the department which size license plate the owner wants for the trailer.
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 department 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 through 28‑2432, 28‑2452, 28‑2453, 28‑2454 and 28‑2455 and article 14 of this chapter, shall be the same color as and similar in design to the license plate as determined by the commission department.
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:
28-2403. Special plates; transfers; violation; classification
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 through 28‑2432, 28‑2452, 28‑2453, 28‑2454 and 28‑2455 and article 14 of this chapter, the special plates shall be the same color as and similar to the design of the regular license plates that is determined by the license plate commission pursuant to section 28‑2351 department.
3. Except as provided in section 28‑2416, the department shall issue special plates only to the owner or lessee of a vehicle that is currently registered, including any vehicle that has a declared gross weight, as defined in section 28‑5431, of twenty‑six thousand pounds or less.
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 hearing impaired 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. Repeal
Sections 28-2404 and 28-2405, Arizona Revised Statutes, are repealed.
Sec. 4. Title 28, chapter 7, article 12, Arizona Revised Statutes, is amended by adding a new section 28-2404, to read:
28-2404. Special organization license plates
A. Special organization license plates authorized before the effective date of this section remain valid license plates issued by this state unless the legislature enacts legislation specifically terminating those license plates.
B. The department shall issue special organization license plates authorized before the effective date of this section to initial applicants or applicants requesting a duplicate, replacement or new license plate.
C. The director shall allow a request for a special organization license plate authorized before the effective date of this section to be combined with a request for personalized special plates if the organization makes the request and pays the department the monies necessary as determined by the department to cover the department's costs to implement the 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 the organization special license plate. After receiving a request from an organization to allow for a combination of the special organization license plate with personalized special plates, the department shall provide to the joint legislative budget committee a detailed written statement of the implementation costs of the combination.
D. An organization that receives authorization for a special organization license plate before the effective date of this section may redesign the special organization license plate if the new design is approved by the department and the organization pays thirty‑two thousand dollars to the department to issue the redesigned special organization license plate.
E. Of the twenty-five dollar fee required by section 28-2402 for the original special plates and for renewal of special plates, eight dollars is a special plate adminstration fee and seventeen dollars is an annual donation.
F. The department shall deposit, pursuant to sections 35-146 and 35‑147, all special plate administration fees in the state highway fund established by section 28-6991 and shall distribute all donations collected pursuant to this section as authorized in a written resolution of the entity that provides the thirty-two thousand dollars to the department pursuant to subsection D of this section. the entity must use the donations for the same purpose as originally approved.
G. The department shall issue special organization license plates authorized before the effective date of this section to applicants who are otherwise qualified by law for the license plates and who are not members of the organization if the department receives a written resolution from the organization requesting issuance to nonmembers.
Sec. 5. Section 28-2418, Arizona Revised Statutes, is amended to read:
28-2418. Navajo nation special plates
A. The department shall issue Navajo nation special plates. The color and design of the Navajo nation special plates shall be different from the color and design of regular license plates determined by the license plate commission pursuant to section 28‑2351 department and shall be representative of the Navajo nation.
B. Of the twenty‑five dollar fee required by section 28‑2402 for the 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 deposit, pursuant to sections 35‑146 and 35‑147, all special plate administration fees in the state highway fund established by section 28‑6991 and shall transmit all donations collected pursuant to this section to the Navajo nation department of highway safety. The Navajo nation department of highway safety shall use these monies only for traffic control devices that conform to the manual and specifications prescribed in section 28‑641 on highways on the Navajo reservation that are located in this state and that are not state highways.
Sec. 6. Section 28-2419, Arizona Revised Statutes, is amended to read:
28-2419. Transplantation awareness special plates; fund
A. The department shall issue transplantation awareness special plates. The color and design of the transplantation awareness special plates shall be different from the color and design of regular license plates determined by the license plate commission pursuant to section 28‑2351 department.
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 deposit, pursuant to sections 35‑146 and 35‑147, all special plate administration fees in the state highway fund established by section 28‑6991 and all donations collected pursuant to this section in the transplantation awareness fund established by this section.
D. The transplantation awareness fund is established consisting of monies received pursuant to this section. The director shall administer the fund.
E. The director shall select a private coalition that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes and that has a mission of promoting transplantation awareness and allocate the monies in the fund to the coalition on an annual basis.
F. On notice from the director, 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.
G. Monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
Sec. 7. Section 28-2420, Arizona Revised Statutes, is amended to read:
28-2420. San Carlos Apache tribe special plates
A. The department shall issue San Carlos Apache tribe special plates. The color and design of the San Carlos Apache tribe special plates shall be different from the color and design of regular license plates determined by the license plate commission pursuant to section 28‑2351 department and shall be representative of the San Carlos Apache tribe.
B. Of the twenty‑five dollar fee required by section 28‑2402 for the 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 deposit, pursuant to sections 35‑146 and 35‑147, all special plate administration fees in the state highway fund established by section 28‑6991 and shall transmit all donations collected pursuant to this section to the San Carlos Apache tribe transportation board. The San Carlos Apache tribe transportation board shall use these monies only for traffic control devices that conform to the manual and specifications prescribed in section 28‑641 on highways on the San Carlos Apache tribe reservation that are located in this state and that are not state highways.
Sec. 8. Section 28-2425, Arizona Revised Statutes, is amended to read:
28-2425. White Mountain Apache tribe special plates
A. The department shall issue White Mountain Apache tribe special plates. The color and design of the White Mountain Apache tribe special plates shall be different from the color and design of regular license plates determined by the license plate commission pursuant to section 28‑2351 department and shall be representative of the White Mountain Apache tribe. The director may allow a request for White Mountain Apache tribe 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 White Mountain Apache tribe special plates.
B. Of the twenty-five dollar fee required by section 28‑2402 for the 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 deposit, pursuant to sections 35‑146 and 35‑147, all special plate administration fees in the state highway fund established by section 28‑6991 and shall transmit all donations collected pursuant to this section to the White Mountain Apache tribe transportation committee. The White Mountain Apache tribe transportation committee shall use these monies only for traffic control devices that conform to the manual and specifications prescribed in section 28‑641 on highways on the Fort Apache Indian reservation that are located in this state and that are not state highways.
Sec. 9. Section 28-2515, Arizona Revised Statutes, is amended to read:
28-2515. Taxis; license plates
A. Subject to legislative appropriation, beginning on July 1, 2004, the department shall issue taxi special plates to the owner of every vehicle operating as a taxi.
B. Every vehicle operating as a taxi shall display a taxi special plate issued by the department pursuant to this section.
C. The color and design of the taxi special plates shall be determined by the license plate commission pursuant to section 28‑2351 department and shall indicate that the vehicle is a taxi.
Sec. 10. Section 28-6501, Arizona Revised Statutes, is amended to read:
28-6501. Definition of highway user revenues
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 28‑2432
and 28‑2514.
(b) The donations prescribed in
sections 28‑2404, 28‑2412
through 28‑2415, 28‑2417 through 28‑2432, 28‑2453, 28‑2454
and 28‑2455.
2. Section 28-1177.
3. Chapters 10 and 11 of this title.
4. Chapter 16, articles 1, 2 and 4 of this title, except as provided in sections 28‑5926 and 28‑5927.
Sec. 11. Section 28-6991, Arizona Revised Statutes, is amended to read:
28-6991. State highway fund; sources
A state highway fund is established 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 B, paragraph 2, subdivision (d).
11. Monies deposited pursuant to sections 28‑1143, 28‑2353 and 28‑3003.
12. Except as provided in section 28‑5101, the following monies:
(a) Monies deposited pursuant to section 28‑2206 and section 28‑5808, subsection B, paragraph 2, subdivision (e).
(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 28‑2432 and 28‑2514.
(f) Monies collected pursuant to sections 28‑372, 28‑2155 and 28‑2156 if the director is the registering officer.
13. Monies deposited pursuant to chapter 5, article 5 of this title.
14. Donations received pursuant to section 28‑2269.
15. Dealer and registration monies collected pursuant to section 28‑4304.
16. Abandoned vehicle administration monies deposited pursuant to section 28‑4804.
17. Monies deposited pursuant to section 28‑710, subsection D, paragraph 2.
18. Monies deposited pursuant to section 28-2065.
19. Donations deposited pursuant to section 28-2430.
20. Monies deposited pursuant to section 28-7311.
Sec. 12. Section 28-6993, Arizona Revised Statutes, is amended to read:
28-6993. State highway fund; authorized uses
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 repayment of obligations entered into pursuant to this title, 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 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 and E of this section and sections 28‑1143, 28‑2353 and 28‑3003.
B. For each fiscal year, the department of transportation shall allocate and transfer 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 ten million dollars.
C. Subject to legislative appropriation, the department may use the monies in the state highway fund as prescribed in section 28‑6991, paragraph 12 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, 28‑2412 through 28‑2432 and 28‑2514.
D. 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.
E. Monies deposited in the state highway fund pursuant to section 28‑2269 shall be used only as prescribed by that section.
F. Monies deposited in the state highway fund pursuant to section 28‑710, subsection D, paragraph 2 shall only be used for state highway work zone traffic control devices.
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 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.