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House Engrossed |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HOUSE BILL 2483 |
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AN ACT
amending section 28‑4302, Arizona Revised Statutes; repealing section 28‑4537, Arizona Revised Statutes; amending sections 28‑4538, 28‑4555 and 28‑6991, Arizona Revised Statutes; relating to motor vehicles.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-4302, Arizona Revised Statutes, is amended to read:
28-4302. Fees; disposition
A. The following fees are required:
1. For filing each application for a dealer's, manufacturer's, importer's, distributor's, factory branch's, distributor branch's, automotive recycler's or wholesale motor vehicle dealer's license, fifteen dollars.
2. For filing each application for a provisional dealer's, automotive recycler's or wholesale motor vehicle dealer's license filed in conjunction with an application for a dealer's or automotive recycler's license, ten dollars.
3. For each filing of a dealer's, manufacturer's, distributor's, importer's, factory branch's, distributor branch's, automotive recycler's or wholesale motor vehicle dealer's license if issued annually, one hundred dollars, except that if a dealer has a contractual relationship with a third‑party lender, the fee is four hundred dollars, of which three hundred dollars shall be deposited, pursuant to sections 35‑146 and 35‑147, in the state general fund and one hundred dollars in the Arizona highway user revenue state highway fund.
4. For each continuation of a dealer's license if issued annually, one hundred dollars, except that if a dealer has a contractual relationship with a third-party lender, the fee is two hundred fifty dollars, of which one hundred fifty dollars shall be deposited, pursuant to sections 35‑146 and 35‑147, in the state general fund and one hundred dollars in the Arizona highway user revenue state highway fund.
5. For filing or continuing a dealer's branch license if issued annually, fifty dollars.
6. For filing each application for a permit for the off‑premises exhibition of motor vehicles, for a motor vehicle show or for a special event to exhibit new motor homes, twenty‑five dollars.
7. For filing each application for a permit for the off‑premises display and sale of motor vehicles, twenty‑five dollars.
B. Except as otherwise provided by statute, the director shall immediately deposit, pursuant to sections 35‑146 and 35‑147, fees collected under this section in the Arizona highway user revenue fund.
Sec. 2. Repeal
Section 28-4537, Arizona Revised Statutes, is repealed.
Sec. 3. Section 28-4538, Arizona Revised Statutes, is amended to read:
28-4538. Suspension of dealer and manufacturer license plates
A. The department shall suspend the use of any or all of the dealer license plates issued to a dealer for not more than three months if a dealer violates section 28‑4532, 28‑4533, 28‑4534, 28‑4535 or 28‑4536 or the rules adopted under section 28‑4537.
B. If the director finds that a manufacturer or licensed dealer displays a manufacturer or dealer license plate that is provided pursuant to section 28‑4533, 28‑4540 or 28‑4544 on a work or service vehicle, a vehicle used for private use or a vehicle for hire, the director may suspend the right of the dealer or manufacturer to use the plate.
C. A manufacturer or licensed dealer who receives a notice of suspension pursuant to subsection B of this section may submit a written request for a hearing to the director. The manufacturer or licensed dealer shall submit the request for a hearing within thirty days after the manufacturer or licensed dealer receives the notice of suspension.
Sec. 4. Section 28-4555, Arizona Revised Statutes, is amended to read:
28-4555. Notice of vehicle transfer
A. A manufacturer, dealer, wholesale motor vehicle auction dealer, distributor, factory branch, distributor branch, field representative or officer or an agent or representative of a manufacturer, dealer, wholesale motor vehicle auction dealer, distributor, factory branch, distributor branch, field representative or officer, on transferring a motor vehicle, whether by sale, lease or otherwise, to a person other than a manufacturer or dealer shall immediately give written or electronic notice of the transfer to the department on an official form within fifteen days after the transfer. The form notice shall contain the date of the transfer, the names and addresses of the transferor and transferee, the vehicle identification number of the motor vehicle and a description of the vehicle as provided in the form the make and model year of the motor vehicle.
B. the notice prescribed by subsection A of this section is met by the issuance or submittal of any of the following to the department in a manner prescribed by the director:
1. A temporary registration permit issued by a licensed new motor vehicle dealer or used motor vehicle dealer.
2. A sold notice.
3. A notice of title transfer.
4. A notice of transfer indicating the transfer of ownership from one licensed dealer to another licensed dealer.
5. Any information that is prescribed by the director and that is submitted in an electronic format.
C. The notice prescribed by subsection A of this section that relates to wholesale motor vehicle auction dealers does not apply until both:
1. The department implements a system that allows the wholesale motor vehicle auction dealer to submit the notice electronically to the department individually or through an electronic updating process at the option of the dealer.
2. Ninety days after the department provides written notice of the system's implementation to each wholesale motor vehicle auction dealer.
Sec. 5. 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 28‑2459 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 28‑3002, subsection A, paragraph 14.
25. Monies deposited pursuant to section 28‑7316.
26. Monies deposited pursuant to section 28‑4302.