|
Senate Engrossed |
|
State of Arizona Senate Fiftieth Legislature First Regular Session 2011
|
|
SENATE BILL 1270 |
|
|
|
|
AN ACT
amending title 28, chapter 2, article 3, Arizona Revised Statutes, by adding section 28‑376; amending sections 28-853, 28‑938, 28‑948 and 28‑949, Arizona Revised Statutes; repealing sections 28‑950 and 28‑951, Arizona Revised Statutes; amending sections 28‑959, 28‑1105, 28‑1593, 28‑3001, 28‑3006, 28‑3481, 28‑4361, 28‑4364 and 28‑4405, Arizona Revised Statutes; providing for delayed repeal of title 28, chapter 12, Arizona Revised Statutes; amending sections 28‑5100, 28‑5101 and 28‑5105, Arizona Revised Statutes; amending section 28‑5201, Arizona Revised Statutes, as amended by Laws 2008, chapter 147, section 3; repealing section 28‑5201, Arizona Revised Statutes, as amended by Laws 2008, chapter 142, section 9; repealing section 28‑5204, Arizona Revised Statutes, as amended by Laws 2008, chapter 142, section 10; amending sections 28‑5234, 28‑5925, 28‑6991, 28‑7311, 28‑7701, 28‑7705, 28‑7706, 32‑2352, 32‑2371, 41‑619.51, 41‑1758, 41‑1758.01 and 44‑282, Arizona Revised Statutes; relating to the Arizona department of transportation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 28, chapter 2, article 3, Arizona Revised Statutes, is amended by adding section 28-376, to read:
28-376. Employment of personnel; definition
A. The director may obtain criminal history record information regarding applicants for employment for the purpose of hiring personnel. Before making a final offer of employment, the director shall require the preferred applicants to submit a full set of fingerprints. The director shall submit the fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The department of transportation shall not disclose information obtained pursuant to this subsection except to members of the department's staff solely for employment purposes. An applicant shall not be disqualified from employment under this subsection except in accordance with section 13-904, subsection E.
B. The director may obtain consumer report information regarding applicants for employment for the purpose of hiring personnel. Information obtained may only be used to determine the suitability of the applicant for positions involving fiduciary or financial responsibilities, the issuance of driver licenses or other personal identification documents or access to highly confidential information. Consumer report information may be obtained and used only in accordance with the fair credit reporting act (15 United States Code sections 1681 through 1681x). An applicant shall not be disqualified from employment under this subsection unless the consumer report information relied on for the disqualification has a reasonable relationship to the functions of the position.
C. For the purposes of this section, "applicant" means any person who seeks employment as a new hire or any employee of the department who seeks a transfer, a reclassification or a reassignment to a different position.
Sec. 2. Section 28-853, Arizona Revised Statutes, is amended to read:
28-853. Railroad grade crossing; stop required of certain vehicles; other requirements
A. Except as otherwise provided in this article, before crossing at grade any track or tracks of a railroad, the driver of a motor vehicle carrying passengers for hire, of any school bus carrying any school child or of any vehicle carrying or returning after delivery of explosive substances or flammable liquids as a cargo or part of a cargo shall stop the vehicle within fifty feet but not less than fifteen feet from the nearest rail of the railroad, while stopped listen and look in both directions along the track for an approaching train and for signals indicating the approach of a train and not proceed until the driver can do so safely. After stopping as required by this section and on proceeding when it is safe to do so, the driver of the vehicle shall cross only in a gear of the vehicle for which there is no need to change gears while traversing the crossing and shall not shift gears while crossing the track or tracks.
B. This section subsection does not apply at:
1. A crossing where a police officer or a traffic control signal directs traffic to proceed.
2. A street railway grade crossing within a business or residence district.
B. A driver of a commercial motor vehicle shall not enter a railroad or rail transit crossing unless there is sufficient space on the other side of the railroad or rail transit crossing to accommodate the vehicle being driven.
C. A driver of a commercial motor vehicle shall not enter a railroad or rail transit crossing unless there is sufficient undercarriage clearance to cross the intersection without obstructing the through passage of a railway vehicle, including a train or a city transit vehicle.
Sec. 3. Section 28-938, Arizona Revised Statutes, is amended to read:
28-938. Spot and auxiliary lamps
A motor vehicle may be equipped with any of the following:
1. Not more than one spot lamp that when lighted is aimed and used on approaching another vehicle only so that no part of the high intensity portion of the beam is directed to the left of the prolongation of the extreme left side of the vehicle nor more than one hundred feet ahead of the vehicle.
2. Not more than two fog lamps that are mounted on the front at a height of not less than twelve inches and not more than thirty inches above the level surface on which the vehicle stands and that are aimed so that when the vehicle is not loaded none of the high intensity portion of the light to the left of the center of the vehicle shall project, at a distance of twenty‑five feet ahead, higher than a level of four inches below the level of the center of the lamp that is aimed.
3. Not more than two auxiliary passing lamps that are mounted on the front at a height of not less than twenty‑four inches and not more than forty‑two inches above the level surface on which the vehicle stands and that meet the requirements and limitations provided in sections 28‑921 through 28‑951 28‑949.
4. Not more than two auxiliary driving lamps that are mounted on the front at a height of not less than sixteen inches nor more than forty‑two inches above the level surface on which the vehicle stands and that meet the requirements and limitations provided in sections 28‑921 through 28‑951 28‑949.
Sec. 4. Section 28-948, Arizona Revised Statutes, is amended to read:
28-948. Snow removal equipment lamps
A. The director shall adopt standards and specifications applicable to head lamps, clearance lamps, identification and other lamps on snow removal equipment when operated on the highways of this state in lieu of the lamps otherwise required on motor vehicles by this article. The standards and specifications:
1. May permit the use of flashing lights for purposes of identification on snow removal equipment when in service on a highway.
2. Shall correlate with and, as far as possible, conform with those approved by the American association of state highway officials.
B. A person shall not operate snow removal equipment on a highway unless the lamps on the equipment comply with and are lighted when and as required by the applicable federal safety standards and specifications adopted pursuant to this section.
Sec. 5. Section 28-949, Arizona Revised Statutes, is amended to read:
28-949. Selling or using lamps
A. A person shall not have for sale, sell or offer for sale for use on or as a part of the equipment of a motor vehicle, trailer or semitrailer or shall not use on any such vehicle a reflector that is required by this article, head lamp, auxiliary driving lamp, rear lamp, signal lamp or parts of any of the foregoing that tend to change the original design or performance unless the lamps or reflectors are of a type that has been submitted to and approved by the department meets applicable federal safety standards.
B. A person shall not have for sale, sell or offer for sale for use on or as a part of the equipment of a motor vehicle, trailer or semitrailer a lamp or device that is described in this section and that has been approved by the department unless the lamp or device bears the trademark or name under which it is approved so as to be legible when installed.
C. A person shall not use on any motor vehicle, trailer or semitrailer a lamp that is described in this section unless the lamp is mounted and adjusted to focus and aim pursuant to instructions of the department applicable federal safety standards.
Sec. 6. Repeal
Sections 28-950 and 28‑951, Arizona Revised Statutes, are repealed.
Sec. 7. Section 28-959, Arizona Revised Statutes, is amended to read:
28-959. Safety glass required; applicability; denial or suspension of registration; definition
A. A person shall not sell and the department shall not register a new motor vehicle as specified in this section unless the vehicle is equipped with safety glass wherever glass is used in doors, windows and windshields. The safety glass shall be of a type approved by the director.
B. This section applies to passenger motor vehicles, other than golf carts, including passenger buses and school buses. For trucks, including truck tractors, the requirements of this section for safety glass apply to all glass used in doors, windows and windshields in the drivers' compartments of the vehicles.
C. The director shall compile and publish a list of types of glass by name that are approved by the director and that meet the requirements of this section.
D. C. The director shall not register a new motor vehicle unless it is equipped with an approved type of safety glass. The director shall suspend the registration of any motor vehicle that is subject to this section and that the director finds is not equipped with an approved type of safety glass. The suspension shall continue until the motor vehicle is made to conform to the requirements of this section.
E. D. A person shall not replace glass or glazing materials used in partitions, doors, windows, windshields or wind deflectors in a motor vehicle with a material other than safety glass of a type approved by the director.
F. E. For the purposes of this section, "safety glass" means either:
1. a product composed of glass that is manufactured, fabricated or treated in a manner that substantially prevents shattering and flying of the glass when struck or broken and that meets applicable federal safety standards.
2. Other or similar products as approved by the director.
Sec. 8. Section 28-1105, Arizona Revised Statutes, is amended to read:
28-1105. Special permit fees
A. Except as otherwise provided by law, the following fees are required:
1. Fifteen dollars for each special permit issued pursuant to section 28‑1103 for excess size, except that a thirty dollar fee is required for each thirty day permit and a three hundred sixty dollar fee is required for each annual permit.
2. Seventy‑five dollars for each permit and each thirty day permit issued pursuant to section 28‑1103 for excess weight, except that a six hundred dollar fee is required for each annual permit. For commercial vehicles traveling through an international port of entry on a special single trip excess weight permit issued pursuant to section 28‑1103, the director shall deposit, pursuant to sections 35‑146 and 35‑147, the seventy‑five dollar special single trip permit fee collected pursuant to this paragraph in the state highway fund established by section 28‑6991.
3. For a permit requested for a motor vehicle or combination of vehicles that is in excess of both the size and weight permitted by this chapter, the amount of fees applicable for an excess weight permit.
4. Three hundred sixty dollars for each permit issued pursuant to section 28‑1103, subsection C.
B. A fee is not required for a permit issued pursuant to section 28‑1103 for the movement of vehicles or combinations of vehicles owned by the United States government, this state or a county, city or town.
C. If a special permit is required by the director and by one or more authorities to move a vehicle or combination of vehicles, the applicant for the permit or permits shall pay a permit fee only to the director and is not required to pay a permit fee to a local authority.
D. If a special permit is required by more than one local authority to move a vehicle or combination of vehicles and if the permit is not required by the director, the applicant shall pay a permit fee only to the local authority that has jurisdiction of the streets and highways where the movements of the vehicle or combination of vehicles originate.
Sec. 9. Section 28-1593, Arizona Revised Statutes, is amended to read:
28-1593. Service of uniform traffic ticket and complaint
A. Except as provided in section 28‑1602 and as otherwise provided in this subsection, a traffic complaint may be served by delivering a copy of the uniform traffic ticket and complaint to the person charged with the violation or by any means authorized by the rules of civil procedure. If the person charged with the violation is under the age of eighteen and the violation is a result of a photo enforcement system as defined by section 28‑601, including a state photo enforcement system established pursuant to section 41-1722, service must be made to the person's parent or guardian or to an individual over the age of eighteen at the person's household or residing therein. At the discretion of the issuing authority, a complaint for a violation issued after an investigation in conjunction with a traffic accident may be sent by certified mail, return receipt requested and delivered to addressee only, to the address provided by the person charged with the violation. Service of the complaint is complete on filing the receipt in the court having jurisdiction of the violation.
B. Except as provided in section 28‑1602, subsection A, the original complaint shall be filed in a court having jurisdiction of the violation within ten court days of the time the complaint was issued. A peace officer, or duly authorized agent or someone paid to act on behalf of a traffic enforcement agency, may issue the traffic complaint.
C. If a person fails to respond to a notice of violation or contests responsibility, a uniform traffic ticket and complaint shall be served and filed as otherwise provided in this section, except that the complaint resulting from the state photo enforcement system as defined in section 28‑1602 shall not be filed in court before the person is personally served with the complaint.
D. The supreme court shall establish rules governing the issuance, service and processing of the notice of violation, including rules allowing a person to admit responsibility before a uniform traffic ticket and complaint is filed in court.
Sec. 10. Section 28-3001, Arizona Revised Statutes, is amended to read:
28-3001. Definitions
In this chapter, unless the context otherwise requires:
1. "Cancellation" means the annulment or termination of a driver license because of an error or defect or because the licensee is no longer entitled to the license.
2. "Commercial driver license" means a license that is issued to an individual and that authorizes the individual to operate a class of commercial motor vehicles.
3. "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles that is used in commerce to transport passengers or property if the motor vehicle either and that includes any of the following:
(a) A motor vehicle or combination of motor vehicles that 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) A motor vehicle that has a gross vehicle weight rating of twenty‑six thousand one or more pounds.
(c) Is a school bus.
(d) (c) Is A bus.
(e) (d) A motor vehicle or combination of motor vehicles that is used in the transportation of materials found to be hazardous for the purposes of the hazardous materials transportation authorization act of 1994 (49 United States Code sections 5101 through 5127 5128) and is required to be placarded under 49 Code of Federal Regulations section 172.504, as adopted by the department pursuant to chapter 14 of this title.
4. "Conviction" has the same meaning prescribed in section 28-101 and also means a final conviction or judgment, including an order of a juvenile court finding that a juvenile has violated a provision of this title or has committed a delinquent act that if committed by an adult constitutes any of the following:
(a) Criminal damage to property pursuant to section 13‑1602, subsection A, paragraph 1.
(b) A felony offense in the commission of which a motor vehicle was used, including theft of a motor vehicle pursuant to section 13‑1802, unlawful use of means of transportation pursuant to section 13‑1803 or theft of means of transportation pursuant to section 13‑1814.
(c) A forfeiture of bail or collateral deposited to secure a defendant's appearance in court that has not been vacated.
5. "Disqualification" means a prohibition from obtaining a commercial driver license or driving a commercial motor vehicle.
6. "Employer" means a person, including the United States, a state or a political subdivision of a state, that owns or leases a commercial motor vehicle or that assigns a person to operate a commercial motor vehicle.
7. "Endorsement" means an authorization that is added to an individual's driver license and that is required to permit the individual to operate certain types of vehicles.
8. "Foreign" means outside the United States.
9. "Gross vehicle weight rating" means the weight that is assigned by the vehicle manufacturer to a vehicle and that represents the maximum recommended total weight including the vehicle and the load for the vehicle.
10. "Judgment" means a final judgment and any of the following:
(a) The finding by a court that an individual is responsible for a civil traffic violation.
(b) An individual's admission of responsibility for a civil traffic violation.
(c) The voluntary or involuntary forfeiture of deposit in connection with a civil traffic violation.
(d) A default judgment entered by a court pursuant to section 28‑1596.
11. "License class" means, for the purpose of determining the appropriate class of driver license required for the type of motor vehicle or vehicle combination a driver intends to operate or is operating, the class of driver license prescribed in section 28‑3101.
12. "Nonresident commercial driver license" means a commercial driver license issued to an individual domiciled in a foreign country.
13. "Original applicant" means any of the following:
(a) An applicant who has never been licensed or cannot provide evidence of licensing.
(b) An applicant who is applying for a higher class of driver license than the license currently held by the applicant.
(c) An applicant who has a license from a foreign country.
14. "Revocation" means that the driver license and driver's privilege to drive a motor vehicle on the public highways of this state are terminated and shall not be renewed or restored, except that an application for a new license may be presented and acted on by the department after one year from the date of revocation.
15. "State of domicile" means the state or jurisdiction where a person has the person's true, fixed and permanent home and principal residence and to which the person has the intention of returning after an absence.
16. "Suspension" means that the driver license and driver's privilege to drive a motor vehicle on the public highways of this state are temporarily withdrawn during the period of the suspension and until application for reinstatement is made.
17. "Vehicle combination" means a motor vehicle and a vehicle in excess of ten thousand pounds gross vehicle weight that it tows, if the combined gross vehicle weight rating is more than twenty‑six thousand pounds.
Sec. 11. Section 28-3006, Arizona Revised Statutes, is amended to read:
28-3006. Driver license and nonoperating identification license applications; organ donation preference; reimbursement; definition
A. The director shall establish procedures:
1. To allow a person applying for a driver license, permit or nonoperating identification license pursuant to this chapter to indicate during the application process the person's preference to be an organ or tissue donor. An indication that the applicant wishes to be an organ or tissue donor is considered to be a document of gift.
2. For the release of information contained in the driving record of a person who executes a document of gift that indicates a preference to be an organ or tissue donor if the release is for the purpose of being registered in the donor registry maintained pursuant to section 36‑858.
B. In consultation with an organ procurement organization of this state, the director may prescribe the form and content of an indicia to be placed on a driver license, permit or nonoperating identification license issued by the department indicating the person's wishes to be an organ or tissue donor.
B. C. The department shall not implement this section unless the organ procurement organization that is located in this state and that meets the requirements of section 371 of the public health service act (58 Stat. 682; 42 United States Code section 273) provides adequate funding to the department to cover the costs the department will incur in implementing this section.
C. D. For the purposes of this section, "document of gift" has the same meaning prescribed in section 36‑841.
Sec. 12. Section 28-3481, Arizona Revised Statutes, is amended to read:
28-3481. Commercial motor vehicle drivers; violations; classification
A. A person who drives a commercial motor vehicle on a highway in this state without a valid appropriate class of commercial driver license or commercial driver license endorsement is guilty of a class 3 misdemeanor.
B. A driver of a commercial motor vehicle who provides false or fraudulent information to an employer as required by section 28‑3227 is guilty of a class 3 misdemeanor.
C. A driver of a commercial motor vehicle who fails to report the information required in section 28‑3227 is guilty of a class 3 misdemeanor.
Sec. 13. Section 28-4361, Arizona Revised Statutes, is amended to read:
28-4361. License application; criminal records check
A. A person shall apply for a license to the director in writing on forms prescribed by the director. The person shall include with the application all documents and bonds required and the annual license fees prescribed by section 28‑4302.
B. The application shall be verified and shall contain:
1. The name and residence of either:
(a) The applicant.
(b) If the applicant is a partnership, each partner.
(c) If the applicant is a corporation, each principal officer, director, agent or stockholder who owns twenty per cent or more of the corporation and the name of the state in which the corporation was organized.
2. The principal place of business of the applicant.
3. The established place of business or the place of business at or from which the applicant will conduct the business.
4. The make or makes of new motor vehicles, if any, that the applicant will sell or offer for sale in this state.
5. The business hours of the applicant.
6. Other information that the director requires.
C. Each applicant who owns twenty per cent or more of an entity, and each partner, officer, director or agent or each stockholder owning who owns twenty per cent or more of a corporation an entity, seeking and who seeks a new license shall provide:
1. A full set of fingerprints to the department for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
2. A nonrefundable fee to be paid to the department of public safety for the criminal records check.
D. If a licensee adds or changes a partner, officer, director or agent, or a stockholder who owns twenty per cent or more of the corporation entity and, who was not included in the criminal records check on a prior application, the licensee shall notify the department within thirty days of the change. At the time of notification, an application and, if applicable, a full set of fingerprints and the fee for a criminal records check shall be submitted to the department. If any individual who is added or changed by the licensee is found to be ineligible pursuant to section 28‑4365, the director, on completion of the criminal records check, shall advise the licensee and the individual in writing that the license will be revoked, unless the individual is removed from the position, and of the grounds for the action.
E. The requirement for a criminal records check:
1. Does not apply to a manufacturer, importer, factory branch or distributor or a person who is under eighteen years of age on the date the application is filed with the department.
2. May not apply if the application is for a subsequent license and the each applicant who owns twenty per cent or more of an entity, and each partner, officer, director or agent or each stockholder owning who owns twenty per cent or more of a corporation an entity, either:
(a) Have submitted to a criminal records check during the past five years.
(b) Are currently licensed under this section.
Sec. 14. Section 28-4364, Arizona Revised Statutes, is amended to read:
28-4364. Investigations; inspections
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, physically or through an alternate method established by the director, 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 director may approve an application for a provisional dealer's or automotive recycler's license pending completion of the criminal records check pursuant to section 28‑4361 if the applicant meets all other licensing requirements of this chapter.
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.
Sec. 15. Section 28-4405, Arizona Revised Statutes, is amended to read:
28-4405. Display of license; continuation date; late penalty
A. A license issued under this chapter:
1. Shall be conspicuously displayed in either:
(a) The established place of business for which it was obtained.
(b) The place of business if the licensee is a broker or a wholesale vehicle dealer.
2. Is not transferable or subject to sale or reassignment.
B. The director may issue licenses with staggered continuation dates to distribute the continuation workload as uniformly as practicable throughout the twelve months of the calendar year. In order to initiate a staggered license continuation system, the director may issue a license for more or less than a twelve month period, but not more than eighteen months, and may prorate the license fee.
C. A motor vehicle dealer licensee shall submit its renewal application and applicable renewal fees to the department of transportation on or before the license continuation date. For the purposes of renewal, the license continuation date is as follows:
1. if the motor vehicle dealer is also a licensed dealer pursuant to title 44, chapter 2.1, the date prescribed by the initial licensing department, either the department of transportation or the department of financial institutions.
2. If the motor vehicle dealer is not also a licensed dealer pursuant to title 44, chapter 2.1, the date prescribed by the department of transportation.
C. D. If a licensee fails, neglects or refuses to pay the required fee for the ensuing year on or before the license continuation date, the fee is delinquent and a penalty equal to the fee shall be added to the fee and collected.
Sec. 16. Delayed repeal
Title 28, chapter 12, Arizona Revised Statutes, is repealed from and after March 31, 2012.
Sec. 17. Section 28-5100, Arizona Revised Statutes, is amended to read:
28‑5100. Definitions
In this article, unless the context otherwise requires:
1. "Authorized third party" means an entity that has executed a written agreement and is authorized by the department to perform limited or specific functions but is not authorized by the department to function as an authorized third party electronic service provider.
2. "Authorized third party electronic service partner" means an entity that has been awarded a written agreement with the department pursuant to a competitive bid process to provide electronic transmission services and that may be authorized by the director to develop and implement information technology and other automated systems and to provide any necessary ongoing support for these systems.
2. 3. "Authorized third party electronic service provider" means an entity that has executed a written agreement with the department and is authorized by the department to provide electronic transmission services between the department, private citizens, other government agencies and public and private entities in this state or in any other state, territory or country.
Sec. 18. Section 28-5101, Arizona Revised Statutes, is amended to read:
28-5101. Third party authorization
A. The director may authorize third parties to perform certain title and registration, motor carrier licensing and tax reporting, dealer licensing and driver license functions.
B. The director may authorize a person to be a third party electronic service provider or to be a third party electronic service partner. An authorized third party electronic service provider shall meet all of the requirements established by the department. relating to security, the minimum number of types of transactions, payment options and multiple service delivery channels. Before authorization by the director pursuant to this subsection, a person shall submit a plan approved by the director for transition of an authorized third party electronic service provider's customer service transactions to the department for the purposes of continued operation by the department. The director may require updates of the plan as deemed necessary by the director. The written agreement between the department and the authorized third party electronic service provider may be for a limited number of services and may limit the persons that may receive the services. An authorized third party electronic service partner shall meet the requirements established by the department and shall be selected through a competitive bid process.
C. A person shall not engage in any business pursuant to this article unless the director authorizes the person to engage in the business.
D. The director may furnish necessary documents or license plates subject to this article.
E. Except as provided in subsection F of this section, an authorized third party or an authorized third party electronic service provider shall submit to the department all statutorily prescribed fees and taxes it collects. In addition to the statutorily prescribed fees and taxes, an authorized third party or an authorized third party electronic service provider may collect and retain a reasonable and commensurate fee for its services.
F. In addition to payment pursuant to section 28‑374, the department shall reimburse the authorized third party or third party electronic service provider as follows:
1. One dollar of each initial, renewal, replacement or duplicate registration fee for a vehicle or an aircraft.
2. One dollar of each initial, duplicate or transfer title fee for a vehicle or an aircraft.
3. An amount equal to two per cent of each vehicle license tax payment or aircraft license tax payment the authorized third party collects and submits to the department or four dollars for each registration year or part of a registration year, whichever is more. The reimbursement amount shall not exceed the amount of vehicle license tax or aircraft license tax collected.
4. Four dollars for each initial, renewal, replacement or duplicate application that the third party processes and that relates to driver licenses, nonoperating identification licenses or permits. An authorized third party may add the cost for expedited processing of renewal, replacement or duplicate applications if requested by the applicant.
5. An amount equal to two per cent of each overweight or excess size vehicle registration or permit fee the third party collects and submits to the department or one dollar for each overweight or excess size vehicle registration or permit processed, whichever is more.
6. One dollar for each motor vehicle or special motor vehicle record, excluding motor vehicle records released to commercial recipients, including insurers and their authorized agents.
7. Five dollars or one‑fourth of one per cent of the fuel taxes reported, whichever is greater, for each fuel tax report filed electronically. In fiscal years 2008-2009 through 2012-2013, the maximum annual amount retained each year shall not exceed one million five hundred thousand dollars. Beginning in fiscal year 2013-2014, the maximum annual amount retained each year shall not exceed four hundred eighty thousand dollars.
8. One dollar for each fuel tax permit.
9. One dollar for each nonsufficient funds or dishonored check payment.
10. One dollar for each abandoned vehicle report processed, except for applications for crushed vehicles.
11. One dollar for each abandoned vehicle payment.
12. Two dollars for each initial special or personalized license plate application.
13. One dollar for each initial, renewal or replacement vehicle dealer license plate.
14. Five dollars for each application for an initial vehicle dealer license or continuation of a vehicle dealer license.
15. One dollar of each twelve dollar fee paid pursuant to section 28‑2356.
16. One dollar for each traffic survival school application and one dollar for each certificate of completion processed.
17. One dollar for each replacement license plate or tab.
G. For authorized third party electronic service partners, the amount of compensation and the amount of reimbursements for transactions shall be negotiated by the department and the authorized third party electronic service partner and shall be set forth in the written agreement authorizing the third party electronic service partner. If reimbursement is made for individual transactions, the reimbursements shall not exceed the amounts specified in subsections F, H and I of this section. Other forms of compensation or reimbursements for services may be specified in the written agreement. Compensation and reimbursements provided for by the written agreement may include the development and implementation of information technology and other automated systems and any necessary support for these systems.
G. H. The department's authorized third party electronic service provider may retain two dollars for processing documents electronically when the statutory fee pursuant to this title is two dollars or more.
H. I. The director may authorize the electronic third party electronic service provider to process electronic fund transfers to the department for payment of motor vehicle taxes and fees. The electronic third party electronic service provider may add a two dollar processing fee for each electronic funds transfer.
I. J. Each authorized third party that holds itself out as providing services to the general public shall post a sign in a conspicuous location in each facility of the authorized third party that contains the amount charged for each transaction performed by the authorized third party and the amount charged by the department for the same transaction.
Sec. 19. Section 28-5105, Arizona Revised Statutes, is amended to read:
28-5105. Criminal record check; denial of application; immunity from costs
A. An Each applicant who owns twenty per cent or more of an entity, and each partner, officer, director or agent or each stockholder owning who owns twenty per cent or more of a corporation an entity, seeking and who seeks authorization or certification, or both, pursuant to this article shall provide:
1. A full set of fingerprints to the department of transportation for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
2. A nonrefundable fee to be paid to the department of public safety for the criminal records check.
B. The director may deny an application for authorization or certification, or both, if any individual included in the application has either:
1. Made a misrepresentation or misstatement in the application to conceal a matter that would cause the application to be denied.
2. Been convicted of fraud or an auto related felony in any state, territory or possession of the United States or any foreign country within the ten years immediately preceding the date the criminal records check is complete.
3. Been convicted of a felony, other than a felony described in paragraph 2 of this subsection, in a state, territory or possession of the United States or a foreign country within the five years immediately preceding the date the criminal records check is complete.
4. Violated a rule or policy of the department.
5. Been involved in any activity that the director determines to be inappropriate in relation to the authority granted.
C. The director may approve an application for provisional authorization or certification, or both, pending completion of the criminal records check if the applicant meets all other requirements of this article. The director may revoke a provisional authorization or certification, or both, for a violation of this title. A provisional authorization or certification, or both, is valid unless revoked by the director or until the applicant receives approval or denial of the application for authorization or certification, or both.
D. Within twenty days of completion of the criminal records check, the director shall approve or deny the application. 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 or certification, or both, 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 or agent, or a stockholder who owns twenty per cent or more of the corporation, entity and who was not included in the criminal records check 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 of transportation an application and, if applicable, a full set of fingerprints and the fee to be paid to the department of public safety for a criminal records check. 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 of the department of transportation 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 records check does not apply to an applicant who is seeking third party authorization and who is:
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 department of financial institutions 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 transportation or a state organization of licensed and bonded motor vehicle dealers.
7. A manufacturer, importer, factory branch or distributor licensed by the department of transportation.
8. An insurer under the jurisdiction of the department of insurance.
9. An owner or registrant of a fleet of one hundred or more vehicles.
10. A public utility.
11. A tribal government.
12. A title service company that is bonded by the department of transportation.
13. 12. An employer or association that has at least five hundred employees or members.
Sec. 20. Section 28‑5201, Arizona Revised Statutes, as amended by Laws 2008, chapter 147, section 3, is amended to read:
28-5201. Definitions
In this chapter, unless the context otherwise requires:
1. "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles that is designed, used or maintained to transport passengers or property in the furtherance of a commercial enterprise on a highway in this state, that is not exempt from the gross weight fees as prescribed in section 28-5432, subsection B and that includes any of the following:
(a) A combination of vehicles that has a combined gross vehicle 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) A single vehicle that has a gross vehicle weight rating of twenty‑six thousand one or more pounds.
(c) (a) A single vehicle or combination of vehicles that has a gross vehicle weight rating of eighteen thousand one or more pounds and that is used for the purposes of intrastate commerce.
(d) (b) A single vehicle or combination of vehicles that has a gross vehicle weight rating of ten thousand one or more pounds and that is used for the purposes of interstate commerce.
(e) (c) A school bus.
(f) (d) A bus.
(g) (e) A vehicle that transports passengers for hire and that has a design capacity for eight or more persons.
(h) (f) A vehicle that is used in the transportation of materials found to be hazardous for the purposes of the hazardous materials transportation authorization act of 1994 (49 United States Code sections 5101 through 5127 5128) and that is required to be placarded under 49 Code of Federal Regulations section 172.504, as adopted by the department pursuant to this chapter.
2. "Declared gross weight" has the same meaning prescribed in section 28‑5431. If a declaration has not been made, declared gross weight means gross weight.
3. "Gross weight" has the same meaning prescribed in section 28‑5431.
4. "Hazardous material" means a substance that has been determined by the United States department of transportation under 49 Code of Federal Regulations to be capable of posing an unreasonable risk to health, safety and property if transported in commerce.
5. "Hazardous substance" means a material and its mixtures or solutions that has been determined by the United States department of transportation under 49 Code of Federal Regulations to be capable of posing an unreasonable risk to health, safety and property if transported in commerce.
6. "Hazardous waste" means a material that is subject to the hazardous waste manifest requirements of the department of environmental quality or the United States environmental protection agency.
7. "Manufacturer" means a person who transports or causes to be transported or shipped by a motor vehicle a material that is represented, marked, certified or sold by a person for transportation in commerce.
8. "Motor carrier" means a person who operates or causes to be operated a commercial motor vehicle on a public highway.
9. "Motor vehicle" means any vehicle, machine, truck, tractor, trailer or semitrailer that is propelled or drawn by mechanical power and that is used on a public highway in the transportation of passengers or property in the furtherance of a commercial enterprise.
9. 10. "Person" means a public or private corporation, company, partnership, firm, association or society of persons, the federal government and its departments or agencies, this state or any of its agencies, departments, political subdivisions, counties, towns or municipal corporations or a natural person.
10. 11. "Public highway" means a public street, alley, road, highway or thoroughfare of any kind in this state that is used by the public or that is open to the use of the public as a matter of right, for the purpose of vehicular travel.
11. 12. "Shipper" means a person who offers a material for motor vehicle transportation in commerce.
12. 13. "Transportation" means a movement of person or property by a motor vehicle and any loading, unloading or storage incidental to the movement.
13. 14. "Vehicle combination" has the same meaning prescribed in section 28‑5431.
Sec. 21. Repeal
A. Section 28‑5201, Arizona Revised Statutes, as amended by Laws 2008, chapter 142, section 9, is repealed.
B. Section 28‑5204, Arizona Revised Statutes, as amended by Laws 2008, chapter 142, section 10, is repealed.
Sec. 22. Section 28-5234, Arizona Revised Statutes, is amended to read:
28-5234. Exemption from rules on drivers' qualification and hours of service; definitions
A. If the department adopts 49 Code of Federal Regulations parts 390 through 397 as a rule, a telecommunications corporation engaged in rendering public utility service or a railroad and its employees whose work necessarily involves the operation of a motor vehicle weighing more than either ten thousand pounds unladen weight or twenty eighteen thousand pounds declared gross vehicle weight rating but which operation is only incidental to the performance of their principal nondriving duties and purpose of employment are exempted from compliance with 49 Code of Federal Regulations parts 391 and 395, except that 49 Code of Federal Regulations part 391, subparts A and E apply unless it is the practice of the telecommunications corporation engaged in rendering public utility service or the railroad to assign regular drivers, qualified in accordance with 49 Code of Federal Regulations parts 390 through 397, to motor vehicles weighing more than either ten thousand pounds unladen weight or twenty eighteen thousand pounds gross vehicle weight rating, and if such driver becomes unavailable or unable to operate the motor vehicle on a given occasion due to an unavoidable or unforeseen circumstance against which provisions could not be reasonably made, compliance with 49 Code of Federal Regulations parts 391 and 395 is not required.
B. A person who is an employee of a public service corporation, a political subdivision of this state that is engaged in rendering public utility service or a railroad is exempt from any hours of service requirements at any time when relief assistance is needed to supplement state or local efforts and capabilities to save lives, protect against substantial loss of property, protect the public health and safety or lessen or avert the consequence of a catastrophe. If an emergency respondent independently identifies an occasion or instance that jeopardizes life or property or that endangers public health and safety, an emergency situation exists, and the respondent is exempt from any hours of service requirements if the respondent contacts with due diligence and coordinates with state or local officials.
C. The following intrastate drivers may begin to calculate hours of service requirements at any point at which the driver goes on duty after the driver has been off duty for twenty‑four or more consecutive hours:
1. Drivers who are primarily involved in the transportation of groundwater drilling rigs.
2. Drivers used primarily in the transportation of construction materials and equipment en route to or from an active construction site that is within a seventy‑five air mile radius of the driver's normal work reporting location and is at a stage between initial mobilization of equipment and materials to the site and final completion of the construction project. This paragraph does not apply to drivers transporting hazardous materials in a quantity that requires placarding.
3. Drivers of public utility service vehicles that are operated primarily within the service area of the public utility's subscribers, that are used in furtherance of repairing, maintaining or operating any physical facilities necessary for the delivery of public utility services and that are engaged in any activity necessarily related to the ultimate delivery of public utility services to the consumer, including travel to, from, on or between activity sites. The public utility is not required to be the owner of the vehicle.
D. For the purposes of this section:
1. "Public service corporation" means a public service corporation as defined in article XV, section 2, Constitution of Arizona.
2. "Railroad" means a railway or railroad that is regulated as a common carrier under article XV, section 10, Constitution of Arizona, and that is subject to title 40, chapter 4, article 3.
3. "Telecommunications corporation" means an entity as defined in section 40‑201 that is subject to regulation by the corporation commission.
Sec. 23. Section 28-5925, Arizona Revised Statutes, is amended to read:
28-5925. Payment; distribution
A. The supplier, as shown in the records of the terminal operator, who removes the taxable gallons shall precollect and remit on behalf of consumers and users to the department the taxes that are imposed by sections 28‑5605 28‑5606 and 28‑8344 and that are measured by the invoiced gallons of motor fuel removed by a licensed supplier from a terminal or refinery in this state other than a bulk transfer.
B. The supplier and each reseller shall list the amount of tax as a separate line item on all invoices or billings or as a separate billing. A person who imposes an added charge to cover the tax levied by this article or a charge that is identified as being imposed to cover a tax shall not remit less than the amount collected to the department.
C. The motor fuel tax that is accrued in any calendar month shall be paid on or before the twenty‑seventh day of the next succeeding calendar month to the director.
D. A supplier shall remit any late taxes remitted to the supplier by an eligible purchaser and shall notify the department in a timely manner of any late remittances if that supplier has previously given notice to the department of an uncollectible tax amount pursuant to section 28‑5639, subsection B.
E. On payment, the director shall promptly:
1. Distribute the amount of money collected as a tax on sales of motor vehicle fuel used in propelling watercraft pursuant to section 28‑5926 beginning with the month following the conclusion of the survey conducted pursuant to section 28‑5926.
2. Deposit, pursuant to sections 35‑146 and 35‑147, all remaining monies in the Arizona highway user revenue fund or the state aviation fund as determined from the reports filed pursuant to section 28‑5618.
F. The director shall deduct all exemptions and refunds before depositing the monies.
Sec. 24. 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 28‑2416, 28‑2416.01, 28‑2417 through 28‑2436 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.
21. Monies deposited pursuant to section 28‑7059.
22. Monies deposited pursuant to section 28‑1105.
Sec. 25. Section 28-7311, Arizona Revised Statutes, is amended to read:
28-7311. Urban and rural logo sign programs; rules; definitions
A. The department may establish a an urban and a rural logo sign program. Notwithstanding sections 28‑648, 28‑7048 and 28‑7053, as part of the program the department may contract with a third party to install and maintain specific services information signs, known as logo signs, on certain portions of the completed any class of state highway or interstate highway
system in this state. If the department contracts with a third party, the third party shall agree in the contract to:
1. Furnish, install, maintain and replace signs for the benefit of business advertisers who provide gas, food, lodging, twenty-four hour pharmacy service, attraction and camping facilities for the general public.
2. Lease advertising space on the signs to operators of the facilities prescribed in paragraph 1 of this subsection.
B. In addition to the program established in subsection A of this section, the department may establish a rural logo sign program. Notwithstanding sections 28‑648, 28‑7048 and 28‑7053, as part of this the rural logo sign program the department may contract with a third party to install and maintain specific services information signs, known as logo signs, on any class of state highway, other than a segment of the or interstate highway system, located outside of an urbanized area with a population of one hundred thousand or more persons of this state. If the department contracts with a third party, the third party shall agree in the contract to:
1. Furnish, install, maintain and replace signs for the benefit of business advertisers that provide gas, food, lodging, twenty-four hour pharmacy service, attraction and camping facilities for the general public.
2. Lease advertising space on the signs to operators of the facilities prescribed in paragraph 1 of this subsection.
C. The department shall adopt rules to implement and operate the logo sign programs. Costs incurred under the programs established by this section shall be paid under agreements negotiated between the department or third party and the business advertisers.
D. The department may enter into a revenue sharing agreement with the third party. The department shall deposit, pursuant to sections 35‑146 and 35‑147, all monies received from the revenue sharing agreement revenues generated, less program operating costs, in the state highway fund established by section 28‑6991.
E. For the purposes of this section:
1. "Population" means the population determined in the most recent United States decennial census or in the most recent special census as provided in section 28‑6532.
2. "Urbanized area" means an urbanized area as defined in the decennial census by the United States bureau of the census.
Sec. 26. Section 28-7701, Arizona Revised Statutes, is amended to read:
28-7701. Definitions
In this chapter, unless the context otherwise requires:
1. "Concession" means any lease, ground lease, franchise, easement, permit or other binding agreement transferring rights for the use or control, in whole or in part, of an eligible facility by the department or other unit of government to a private partner in accordance with this chapter.
2. "Eligible facility" means any facility, whether real or personal property, developed or operated after the effective date of this chapter September 30, 2009 in accordance with this chapter, including any existing, enhanced, upgraded or new facility that is any of the following:
(a) Used or useful for the safe transport of people or goods via one or more modes of transport, whether involving highways, bridges, tunnels, railways, monorails, transit, bus systems, guided rapid transit, fixed guideways, ferries, boats, vessels, airports, intermodal or multimodal systems or any other mode of transport. ,as well as facilities
(b) Used by or useful to the department, including vehicle registration and driver licensing facilities, operating systems and information systems.
(c) Related or ancillary to, or used or useful to provide, operate, maintain or generate revenue for a facility under subdivision (a) or (b), including administrative buildings and other buildings, structures, parking, rest areas, maintenance yards, rail yards, ports of entry or storage facilities, vehicles, rolling stock, energy systems or other related equipment, items or property.
3. "Private partner" means a person, entity or organization that is not the federal government, this state, a political subdivision of this state or a unit of government.
4. "Unit of government" means any agency, office or department of this state, city, county, district, commission, authority, entity, port or other public corporation organized and existing under statutory law or under a voter approved charter or initiative, and any intergovernmental entity.
Sec. 27. Section 28-7705, Arizona Revised Statutes, is amended to read:
28-7705. Public-private partnership agreements
A. In any public-private partnership or other agreement for any eligible facility under this chapter, the department may include provisions that:
1. Authorize the department or the private partner to collect user fees, tolls, fares, rents, advertising and sponsorship fees, service fees or similar charges, including provisions that:
(a) Specify technology to be used in the facility.
(b) Establish circumstances under which the department may receive all or a share of revenues from such charges.
(c) Govern enforcement of tolls, including provisions for use of cameras or other mechanisms to ensure that users have paid tolls that are due and provisions that allow the private partner access to relevant databases for enforcement purposes. Misuse of the data contained in the databases, including negligence in securing the data properly, shall result in a civil penalty of ten thousand dollars for each violation. Civil penalties collected pursuant to this subdivision shall be deposited in the state general fund.
(d) Authorize the department to continue or cease collection of user fees, tolls, fares or similar charges after the end of the term of the agreement.
2. Allow for payments to be made by this state to the private partner, including availability payments or performance based payments.
3. Allow the department to accept payments of monies and share revenues with the private partner.
4. Address how the partners will share management of the risks of the project.
5. Specify how the partners will share the costs of development of the project.
6. Allocate financial responsibility for cost overruns.
7. Establish the damages to be assessed for nonperformance.
8. Establish performance criteria or incentives, or both.
9. Address the acquisition of rights-of-way and other property interests that may be required, including provisions that address the exercise of eminent domain as provided in section 28‑7709. This state shall not relinquish its power of eminent domain authority to the private partner.
10. Establish record keeping, accounting and auditing standards to be used for the project.
11. For a project that reverts to public ownership, address responsibility for reconstruction or renovations that are required in order for a facility to meet all applicable government standards on reversion of the facility to this state.
12. Provide for patrolling and law enforcement on public facilities.
13. Identify any department specifications that must be satisfied, including provisions allowing the private partner to request and receive authorization to deviate from the specifications on making a showing satisfactory to the department.
14. Require a private partner to provide performance and payment bonds, parent company guarantees, letters of credit or other acceptable form forms of security or a combination of any of these, the penal sum or amount of which may be less than one hundred per cent of the value of the contract involved based on the department's determination, made on a facility‑by‑facility basis, of what is required to adequately protect this state.
15. Authorize the private partner in any concession agreement to collect user fees, tolls, fares, rents, advertising and sponsorship fees, service fees or similar charges to cover its costs and provide for a reasonable rate of return on the private partner's investment, including provisions such as the following:
(a) The charges may be collected directly by the private partner or by a third party engaged for that purpose.
(b) A formula for the adjustment of user fees, tolls, fares, rents, advertising and sponsorship fees, service fees or similar charges during the term of the agreement.
(c) For an agreement that does not include a formula described in subdivision (b) of this paragraph, provisions regulating the private partner's return on investment.
(d) A variety of traffic management strategies, including:
(i) General purpose toll lanes.
(ii) High occupancy vehicle lanes where single or low occupancy vehicles may use higher occupancy vehicle lanes by paying a toll.
(iii) Lanes or facilities in which the tolls may vary during the course of the day or week or according to levels of congestion anticipated or experienced.
(iv) Combinations of, or variations on, items (i), (ii) and (iii), or other strategies the department determines are appropriate on a facility‑by‑facility basis.
16. Specify remedies available and dispute resolution procedures, including the right of the private partner to institute legal proceedings to obtain an enforceable judgment or award against the department in the event of a default by the department and procedures for use of dispute review boards, mediation, facilitated negotiation, arbitration and other alternative dispute resolution procedures.
17. Allow the department to acquire real property that is needed for and related to eligible facilities, including acquisition by exchange for other real property that is owned by the department. An acquisition pursuant to this paragraph is exempt from chapter 20, articles 6 and 8 of this title.
B. Notwithstanding any other law, the department may enter into agreements, whether a concession agreement or other form of agreement, with any private partner that includes provisions described in subsection A of this section. Agreements may be for a term not to exceed fifty years but may be extended for additional terms.
C. The department may approve any request from another unit of government to develop an eligible facility in a manner similar to that used by the department under this chapter.
D. Notwithstanding any other law, agreements under this chapter that are properly developed, operated or held by a private partner under a concession agreement pursuant to this chapter are exempt from all state and local ad valorem and property taxes that otherwise might be applicable.
E. A person who pays a toll to operate a motor vehicle on a roadway project that is constructed or operated pursuant to this article is entitled to and may apply for a refund or credit from the state for motor vehicle fuel license taxes, use fuel taxes or motor carrier fees paid while operating the motor vehicle on the roadway project. The director shall establish by rule the procedures for granting refunds and credits.
F. The agreement shall contain a provision by which the private partner expressly agrees that it is to be barred from seeking injunctive or other equitable relief to delay, prevent or otherwise hinder the department from developing or constructing any facility that was planned as of the time the public-private partnership agreement was executed and that would or might impact the revenue that the private partner would or might derive from the facility developed under the agreement, except that the agreement may provide for reasonable compensation to the private partner for the adverse effect on toll revenues or other user fee revenues resulting from development and construction of an unplanned revenue impacting facility.
G. The agreement shall contain a provision that prohibits photo traffic enforcement of chapter 3, article 6 of this title on toll lanes.
H. Any foreign private entity that enters into an agreement with the department pursuant to this section must provide satisfactory evidence to the board that the foreign entity is in compliance with the requirements of title 10, chapter 38.
I. The agreement shall contain a provision that all public-private partnerships are subject to chapter 20, article 3 of this title.
Sec. 28. Section 28-7706, Arizona Revised Statutes, is amended to read:
28-7706. Funding and financing
A. Any lawful source of funding may be used for the development or operation of an eligible facility under this chapter, including:
1. The proceeds of grant anticipation revenue bonds authorized by 23 United States Code section 122 or any other applicable federal or state law.
2. Grants, loans, loan guarantees, lines of credit, revolving lines of credit or other arrangements available under the transportation infrastructure finance and innovation act of 1998 (P.L. 105-178; 112 Stat. 241; 23 United States Code sections 601 through 610) or any other federal or state law.
3. Federal, state or local revenues.
4. User fees, tolls, fares, charges, lease proceeds, rents, availability payments, gross or net receipts from sales, proceeds from the sale of development rights, franchise fees, permit fees, rents, advertising and sponsorship fees, service fees or any other lawful form of consideration.
5. Private activity bonds as described by 26 United States Code section 141 and other forms of private capital.
6. Other forms of public and private capital that are available.
B. As security for the payment of financing described in this section, the revenues from the project may be pledged, but no pledge of revenues constitutes in any manner or to any extent a general obligation of this state. Any financing may be structured on a senior, parity or subordinate basis to any other financing.
C. The department may issue toll revenue bonds or notes to provide monies for any project under this chapter.
D. The department may accept from the United States or any of its agencies monies that are available to this state or to any other unit of government for carrying out the purposes of this chapter, whether the monies are made available by grant, loan or other financing arrangement. The department may enter into agreements and other arrangements with the United States or any of its agencies as may be necessary, proper and convenient for carrying out this chapter.
E. The department may accept from any source any grant, donation, gift or other form of conveyance of land, money, other real or personal property or other valuable thing made to this state, the department or a local government for carrying out this chapter.
F. Any eligible facility may be funded in whole or in part by contribution of any monies or property made by any private entity or public sector partner that is a party to any agreement entered into under this chapter.
G. Notwithstanding any other law, federal, state and local monies may be combined with any private sector monies for any project purposes.
H. Revenue bonds issued pursuant to this section are not general obligations of this state and are not secured by or payable from any monies or assets of this state other than the monies and revenues specifically pledged to the repayment of the revenue bonds.
Sec. 29. Section 32-2352, Arizona Revised Statutes, is amended to read:
32-2352. Enforcement; contract with private entity
A. The director, subject to title 41, chapter 6, shall adopt such rules concerning the administration and enforcement of this chapter as are necessary to carry out the intent of this chapter and to protect the public. The director or the director's authorized representative shall inspect the school facilities and equipment used by applicants and licensees under this chapter and examine applicants for instructor's licenses.
B. The director shall administer and enforce this chapter.
C. The director may contract with a private entity to conduct inspections pursuant to this section and to administer any rules adopted pursuant to this section that relate to the licensure and administration of traffic survival schools professional driver training schools pursuant to this chapter. The term of any contract entered into pursuant to this subsection shall not exceed five years with a right to renew for an additional five years. The private entity that contracts with the director pursuant to this subsection:
1. Shall not provide traffic survival school professional driver training school courses.
2. May charge a fee to each person who enrolls in traffic survival school a professional driver training school.
Sec. 30. Section 32-2371, Arizona Revised Statutes, is amended to read:
32-2371. License for schools; requirements; fingerprint clearance card
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. An applicant, and each partner or each stockholder owning twenty per cent or more of a corporation, seeking licensure pursuant to this chapter shall provide the department or a contracted private entity of the department pursuant to section 32‑2352 with a valid fingerprint clearance card issued pursuant to section 41‑1758.03.
Sec. 31. Section 41-619.51, Arizona Revised Statutes, is amended to read:
41-619.51. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of transportation, the state real estate department or the board of examiners of nursing care institution administrators and assisted living facility managers.
2. "Board" means the board of fingerprinting.
3. "Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present.
4. "Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41‑619.55.
5. "Person" means a person who is required to be fingerprinted pursuant to this article and any of the following:
(a) Section 8-105.
(b) Section 8‑322.
(c) Section 8-509.
(d) Section 8‑802.
(e) Section 15‑183.
(f) Section 15‑534.
(g) Section 15‑1330.
(h) Section 15-1881.
(i) Section 26-103.
(j) Section 32‑2371.
(j) (k) Section 32‑2108.01.
(k) (l) Section 32‑2123.
(l) (m) Section 36‑411.
(m) (n) Section 36‑425.03.
(n) (o) Section 36-446.04.
(o) (p) Section 36‑594.01.
(p) (q) Section 36‑594.02.
(q) (r) Section 36‑882.
(r) (s) Section 36‑883.02.
(s) (t) Section 36‑897.01.
(t) (u) Section 36‑897.03.
(u) (v) Section 36‑3008.
(v) (w) Section 41-619.53.
(w) (x) Section 41‑1964.
(x) (y) Section 41‑1967.01.
(y) (z) Section 41‑1968.
(z) (aa) Section 41-1969.
(aa) (bb) Section 41‑2814.
(bb) (cc) Section 46‑141, subsection A.
(cc) (dd) Section 46‑321.
Sec. 32. Section 41-1758, Arizona Revised Statutes, is amended to read:
41-1758. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of transportation, the state real estate department, the board of fingerprinting or the board of examiners of nursing care institution administrators and assisted living facility managers.
2. "Division" means the fingerprinting division in the department of public safety.
3. "Good cause exception" means the issuance of a valid fingerprint clearance card to an employee pursuant to section 41‑619.55.
4. "Person" means a person who is required to be fingerprinted pursuant to any of the following:
(a) Section 8‑105.
(b) Section 8‑322.
(c) Section 8‑509.
(d) Section 8‑802.
(e) Section 15‑183.
(f) Section 15-503.
(g) Section 15‑512.
(h) Section 15‑534.
(i) Section 15‑1330.
(j) Section 15-1881.
(k) Section 26-103.
(l) Section 32‑2108.01.
(m) Section 32‑2123.
(n) Section 32‑2371.
(n) (o) Section 36-411.
(o) (p) Section 36‑425.03.
(p) (q) Section 36-446.04.
(q) (r) Section 36‑594.01.
(r) (s) Section 36‑594.02.
(s) (t) Section 36‑882.
(t) (u) Section 36‑883.02.
(u) (v) Section 36‑897.01.
(v) (w) Section 36‑897.03.
(w) (x) Section 36‑3008.
(x) (y) Section 41-619.52.
(y) (z) Section 41-619.53.
(z) (aa) Section 41‑1964.
(aa) (bb) Section 41‑1967.01.
(bb) (cc) Section 41‑1968.
(cc) (dd) Section 41-1969.
(dd) (ee) Section 41‑2814.
(ee) (ff) Section 46‑141, subsection A.
(ff) (gg) Section 46‑321.
5. "Vulnerable adult" has the same meaning prescribed in section 13‑3623.
Sec. 33. Section 41-1758.01, Arizona Revised Statutes, is amended to read:
41-1758.01. Fingerprinting division; duties
The fingerprinting division is established in the department of public safety and shall:
1. Conduct fingerprint background checks for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks pursuant to sections 8‑105, 8‑322, 8-509, 8‑802, 15‑183, 15‑503, 15‑512, 15‑534, 15‑1330, 15‑1881, 26-103, 32‑2108.01, 32‑2123, 32‑2371, 36‑411, 36‑425.03, 36‑446.04, 36‑594.01, 36‑594.02, 36‑882, 36‑883.02, 36‑897.01, 36‑897.03, 36‑3008, 41‑619.52, 41‑619.53, 41‑1964, 41‑1967.01, 41‑1968, 41‑1969 and 41‑2814, section 46‑141, subsection A and section 46‑321.
2. Issue valid fingerprint clearance cards. On issuance, a valid fingerprint clearance card becomes the personal property of the cardholder and the cardholder shall retain possession of the valid fingerprint clearance card.
3. On submission of an application for a valid fingerprint clearance card, collect the fees established by the board of fingerprinting pursuant to section 41‑619.53 and deposit, pursuant to sections 35‑146 and 35‑147, the monies collected in the board of fingerprinting fund.
4. Inform in writing each person who submits fingerprints for a fingerprint background check of the person's right to petition the board of fingerprinting for a good cause exception pursuant to sections 41‑1758.03 and 41‑1758.07.
5. Administer and enforce this article.
Sec. 34. Section 44-282, Arizona Revised Statutes, is amended to read:
44-282. Licensing of sales finance companies and dealers required; penalty
A. No person shall engage in the business of a sales finance company in this state without a license therefor as provided in this article. No dealer shall engage in business in this state without a license issued by the administrator. No dealer shall sell or transfer any contract to a person in Arizona not licensed under the terms of this chapter.
B. The application for a license shall be in writing, under oath and in the form prescribed by the administrator. The application shall contain the name of the applicant, the date of incorporation if incorporated, the address where the business is or is to be conducted and similar information as to any branch office of the applicant, the name and resident address of the owners or partners or, if a corporation or association, of the directors, trustees and principal officers, and such other pertinent information the administrator may require.
C. The license fee for a sales finance company for each fiscal year or part thereof is the fee prescribed in section 6‑126. The license fee for each dealer is the fee prescribed in section 6-126 for each fiscal year or part thereof. The fiscal year shall be July 1 through June 30. License fees shall be due and payable on or before each July 1.
D. To coincide with the licensing of motor vehicle dealers pursuant to title 28, chapter 10, the administrator may issue a sales finance company license or a dealer license, or both, pursuant to this article with staggered continuation dates to distribute the continuation workload as uniformly as practicable throughout the twelve months of the calendar year. In order to initiate a staggered license continuation system, the administrator may issue a license for more or less than a twelve month period, but not more than eighteen months, and may prorate the license fee.
E. A licensee shall submit its renewal application and applicable renewal fees to the department of financial institutions on or before the license continuation date. For the purposes of renewal, the license continuation date is as follows:
1. if the licensee is also a licensed motor vehicle dealer pursuant to title 28, chapter 10, the date prescribed by the initial licensing department, either the department of transportation or the department of financial institutions.
2. If the licensee is not also a licensed motor vehicle dealer pursuant to title 28, chapter 10, the date prescribed by the department of financial institutions.
f. A penalty of twenty‑five dollars per day shall be assessed against any licensee for each day after July 1 the license continuation date that his the licensee's renewal application and fee are not received by the department of financial institutions. Licenses not renewed by September 15 are automatically cancelled within thirty days after their license continuation date expire.
D. G. A license shall be obtained for each separate place of business at or from which a licensee transacts business. Each license shall specify the location of the office or branch and must be conspicuously displayed there. In case such location is changed, the administrator shall endorse the change of location on the license on the payment of the fee prescribed in section 6‑126, subsection A, paragraph 26 25.
E. H. Upon On the filing of the application and the payment of the required fee the administrator shall issue a license to the applicant to engage in the business of a sales finance company or dealer under and in accordance with the provisions of this article. All licenses issued under this article shall remain in full force and effect until surrendered, revoked, suspended or canceled by failure to renew under the provisions of this article. No licensee shall transact any business provided for by this article under any other name.
F. I. A license is not transferable or assignable and control of a licensee may not be acquired through a stock purchase or any other device without the prior written consent of the administrator. Written consent shall not be given if the administrator finds that any of the grounds for denial, revocation or suspension of a license as set forth in section 44‑283 are applicable to the acquiring person. For the purposes of this subsection, "control" means the power to vote more than twenty per cent of the outstanding voting shares of a licensed corporation, partnership, association or trust.
G. J. A person doing business under the laws of this state or the United States as a bank, savings bank, savings and loan association or credit union is exempt from the licensing requirements of this section but shall comply with all other requirements of this chapter, except that affiliates of banks, savings banks, savings and loan associations or credit unions shall comply with this section. For the purposes of this subsection, "affiliate" means an entity which that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with the entity specified.
Sec. 35. Current third party electronic service agreement
Notwithstanding section 28‑5101, Arizona Revised Statutes, as amended by this act, any agreement or authorization between the department of transportation and a third party electronic service provider or partner pursuant to title 28, chapter 13, article 1, Arizona Revised Statutes, that is in effect on the effective date of this act continues in effect according to its terms.
Sec. 36. Effective date
Section 32‑2352, Arizona Revised Statutes, as amended by this act, is effective from and after March 31, 2012.