Page 6,
between lines 32 and 33, insert:
“Sec. 6. Section 28-4409, Arizona Revised
Statutes, is amended to read:
START_STATUTE28-4409. Evidence of ownership requirement; exception
A. Except as provided in section 28‑4410:
1. Each dealer in motor vehicles, trailers and
semitrailers, including manufacturers who sell to other than dealers, having
possession OR OFFERING FOR SALE of
a motor vehicle, trailer or semitrailer shall have at the same time either:
(a) Possession of a duly and regularly assigned
certificate of title to the vehicle.
(b) Reasonable indicia of ownership or right of
possession as provided in section 28‑4410 APPROVED BY THE
DIRECTOR.
2. A dealer or manufacturer shall not offer for sale
or sell a motor vehicle, trailer or semitrailer until the dealer or
manufacturer has obtained a certificate of title to the motor vehicle, trailer
or semitrailer, except that a certificate of title is not required for a new
motor vehicle sold by manufacturers to dealers.
B. A wholesale motor vehicle auction dealer is
exempt from the requirement of having to possess a duly and regularly assigned
certificate of title and from other requirements relating to the reassignment
of title documents and disclosures to buyers. A wholesale motor
vehicle auction dealer may buy or sell a motor vehicle at wholesale in the
wholesale motor vehicle auction dealer's own name if the wholesale motor vehicle
auction dealer complies with the provisions of this title relating to
certificates of title, reassignments of title documents and disclosures to
buyers.
C. A wholesale motor vehicle dealer must title in
the name of the wholesale motor vehicle dealer any vehicle that the wholesale
motor vehicle dealer acquires before the wholesale motor vehicle dealer
transfers the vehicle to another licensed motor vehicle dealer.” END_STATUTE
Renumber to conform
Page 7, between lines 36 and 37, insert:
"Sec. 8. 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 28‑2451 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. Monies deposited pursuant to section 28‑7311.
20. Monies deposited pursuant to section 28‑7059.
21. Monies deposited pursuant to section 28‑1105.
22. Monies deposited pursuant to section 28‑2448,
subsection D.
23. Monies deposited pursuant to section 28‑3415.
24. Monies
deposited pursuant to section 28-7316.
Sec. 9. Title 28, chapter 20, article 11,
Arizona Revised Statutes, is amended by adding section 28-7316, to read:
START_STATUTE28-7316. Assets and facilities advertising and sponsorship program;
program termination; definitions
A. In
addition to the urban and rural logo sign program established by section
28-7311, the department may establish a program to lease or sell advertising on
nonhighway assets of the department and to allow monetary sponsorship of
facilities and other assets of the department. The department may:
1. Operate,
modify or terminate any advertising and sponsorship program.
2. Generate
revenue from any advertising or sponsorship program.
3. Contract
with a third party to perform any or all aspects of the advertising and
sponsorship program authorized pursuant to this section.
B. The
department on its own or through a third party may negotiate and execute leases
for variable terms, set lease rates, establish lease terms and prescribe forms
for leases.
C. If the
department contracts with a third party, the third party shall agree in the
contract to:
1. The
contractor's duties, including:
(a) Furnishing,
installing, maintaining and replacing the advertising and sponsorship space or
media on the authorized assets and facilities of the department.
(b) Promoting
and negotiating the leasing of advertising and sponsorship space or media on
the authorized assets and facilities of the department.
2. Compensation.
D. Costs
incurred under the program established pursuant to this section shall be paid
under agreements negotiated between the department or the third party and the
advertisers or sponsors.
E. 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,
revenues generated from the advertising and sponsorship program, minus program
operating costs, in the state highway fund established by section 28‑6991.
f. The
program established pursuant to this section ends on July 1, 2025 pursuant to
section 41-3102.
G. For the
purposes of this section:
1. "Advertising"
means signage or electronic media on department assets, other than highways,
that display or promote commercial brands, products or services through a logo,
message, slogan or other information.
2. "Assets"
means buildings, transportation infrastructure, vehicles, signage, equipment,
internet or other electronic media or other facilities or items of value that
are owned, maintained or managed by the department.
3. "Facility"
means a building, room, center or space or another location in or on an asset
that is owned or controlled by the department and that the department deems
suitable for sponsorship or for advertising on a nonhighway asset.
4. "Sponsorship"
means the act of sponsoring an element of the department's operation of an
asset through highway-related services, products or monetary contributions.END_STATUTE"
Renumber to conform
Amend title to conform
Bill
Number: S.B. 1274