PREFILED DEC 20 2017
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REFERENCE TITLE: vehicle license tabs; prohibition |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2054 |
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Introduced by Representative Ugenti-Rita
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AN ACT
amending sections 28-2151, 28-2158, 28-2352, 28-2354, 28-2355, 28-2482, 28-2483, 28-2484, 28-4551 and 28-5101, Arizona Revised Statutes; relating to vehicle registration.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-2151, Arizona Revised Statutes, is amended to read:
28-2151. Registration by mail; postage fund
A. The director may establish a procedure for mailing registration applications and license plates or license tabs to applicants.
B. For purposes of paying postage incurred under this section, the director may establish a postage fund and charge the estimated costs incurred under this section for transmitting renewal notices to applicants. The director may transfer monies in the director's postage fund annually and use the monies as provided in section 28‑6993, subsection C.
Sec. 2. Section 28-2158, Arizona Revised Statutes, is amended to read:
28-2158. Registration card
A. The department shall file each application for registration. If satisfied that the application is genuine and regular, the department shall issue a registration card to the owner of the vehicle and shall assign license plates to the vehicle. The department shall issue the registration card electronically, and The vehicle owner shall print the electronically issued registration card unless the vehicle owner requests that the department mail the registration card, in which case the department shall mail the registration card to the vehicle owner.
B. The registration card shall contain on the face of the card all of the following:
1. The date it is issued.
2. The registration number assigned to the owner and the vehicle.
3. The name and address of the owner.
4. A description of the registered vehicle, including the serial number.
5. The amount of fees paid for registration of the vehicle.
C. The registration card shall be carried at all times in the driver's compartment of the vehicle for which it is issued. The registration card is subject to inspection by the director, members of the highway patrol or any peace officer.
Sec. 3. Section 28-2352, Arizona Revised Statutes, is amended to read:
28-2352. License plate; return; replacement; fee
A. On termination of the lawful use of the license plate the director may require return to the department of the plate issued by the department.
B. If the license plate of a vehicle is mutilated or illegible, the owner shall return the plate to the department, and the department shall issue a new plate on payment of the fee provided in this section.
C. The fee for replacement of each lost, destroyed or mutilated license plate, or pair of license plates or year validating tab is five dollars.
Sec. 4. Section 28-2354, Arizona Revised Statutes, is amended to read:
28-2354. License plates; attachment; civil penalty
A. A person shall display the license plate or plates as follows:
1. For a motor vehicle, motorcycle, trailer or semitrailer, on the rear.
2. Except as provided in paragraph 3 of this subsection, for a vehicle for which two license plates are issued, the vehicle owner shall display either of the following:
(a) One plate on the rear.
(b) One plate on the front and one plate on the rear.
3. For a vehicle for which two special license plates are issued pursuant to section 28‑2409, one plate on the rear of the vehicle and one plate on the operator's wheelchair carrier or wheelchair lift when it is attached to the vehicle.
B. A person shall display all license plates as required by subsection A of this section until their lawful use expires or is canceled or revoked. A person shall maintain each license plate so it is clearly legible. A person shall securely fasten each license plate to the vehicle as follows:
1. To prevent the plate from swinging.
2. At a height of at least twelve inches from the ground to the bottom of the plate.
3. In a position to be clearly visible.
C. A person shall maintain each license plate so that the name of this state at the top of the license plate is not obscured.
D. Unless authorized by the department, a person shall not apply a covering or any substance to the license plate or use an electronic device or electrochromatic film that obscures from any angle the numbers, characters, year validating tabs or name of the jurisdiction issuing the plate.
E. A peace officer shall not stop or issue a citation to a person operating a motor vehicle on a highway in this state for a violation of subsection C of this section unless the peace officer has reasonable cause to believe there is another alleged violation of a motor vehicle law of this state.
F. If a person violates subsection C of this section, the person is subject to a civil penalty of thirty dollars, except that if a person violates subsection C of this section within twelve months after the date of a prior violation of subsection C of this section, the person is subject to a civil penalty of one hundred dollars.
Sec. 5. Section 28-2355, Arizona Revised Statutes, is amended to read:
28-2355. License plate tabs; stickers; prohibition
The department may not issue one or more license plate tabs or windshield stickers to indicate the year for which a license plate is issued pursuant to this chapter.
Sec. 6. Section 28-2482, Arizona Revised Statutes, is amended to read:
28-2482. License plates for horseless carriages; definition
A. The department shall issue license plates for a horseless carriage on application and in the manner and at the time prescribed by the department. The license plates are in lieu of the regular license plates issued by the department.
B. The registration numbers and license plates assigned to horseless carriages shall be manufactured from Arizona copper and shall run in separate numerical series beginning with "horseless carriage no. 1". The license plates shall be of a distinguishing color.
C. On renewal of the registration of a horseless carriage, the department shall annually issue symbols or devices as provided in section 28‑2355.
D. C. For the purposes of this section, "horseless carriage" means a motor vehicle manufactured in 1915 or before.
Sec. 7. Section 28-2483, Arizona Revised Statutes, is amended to read:
28-2483. License plates for classic cars; definition
A. The department shall issue special license plates for a classic car on application and in the manner and at the time prescribed by the department. The license plates are in lieu of the regular license plates issued by the department.
B. The registration numbers and license plates assigned to classic cars shall be manufactured from Arizona copper and shall run in separate numerical series commencing with "classic car no. 1". The license plates shall be of a distinguishing color but different from the color selected for license plates issued under section 28‑2482 or 28‑2484. The director may allow a request for classic car special plates to be combined with a request for personalized special plates. If the director allows such a combination, the request shall be in a form prescribed by the director and is subject to the fees for the personalized special plates in addition to the fees required for the classic car special plates.
C. On renewal of registration of a classic car, the department shall annually issue symbols or devices as provided in section 28‑2355.
D. C. For the purposes of this section, "classic car" means a car included in the 1963 list of classic cars filed with the director by the classic car club of America. The director shall revise the list every five years.
Sec. 8. Section 28-2484, Arizona Revised Statutes, is amended to read:
28-2484. License plates for historic vehicles; definition
A. The department shall issue special license plates for a historic vehicle on application and in the manner and at the time prescribed by the department. The license plates are in lieu of the regular license plates issued by the department.
B. The registration numbers and special license plates assigned to the historic vehicles shall be manufactured from Arizona copper and shall run in separate unique numerical series. The license plates shall be of a distinguishing color but different from the color selected for license plates issued under section 28‑2482 or 28‑2483.
C. On renewal of registration of a historic vehicle, the department shall annually issue symbols or devices as provided in section 28‑2355.
D. C. The director shall grant the final approval of a vehicle to be licensed under this section.
E. D. For the purposes of this section, "historic vehicle" means any of the following:
1. A vehicle bearing a model year date of original manufacture that is twenty‑five years old or older.
2. A vehicle included in a list of historic vehicles filed with the director by a recognized historic or classic vehicle organization during the month of December of each year.
3. A reconstructed vehicle that the director determines, on application by the owner, retains at least the basic original body style as manufactured twenty‑five years or more before the date of the application.
Sec. 9. Section 28-4551, Arizona Revised Statutes, is amended to read:
28-4551. Expiration of temporary registration
A. A temporary registration plate expires and is void on receipt of a license plate provided pursuant to section 28‑2351 or a year validating tab or on expiration of forty‑five days from the date of issuance.
B. A person to whom a temporary registration plate has been issued shall destroy the temporary registration plate immediately on receipt of a license plate provided pursuant to section 28‑2351 or a year validating tab. If a license plate or year validating tab is not received within forty‑five days from after the issuance of the temporary registration plate, the owner shall destroy the temporary registration plate immediately on expiration of the forty‑five day period.
Sec. 10. 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 of the following functions:
1. Title and registration.
2. Motor carrier licensing and tax reporting.
3. Dealer licensing.
4. Driver licensing as prescribed in sections 28‑5101.01, 28‑5101.02 and 28‑5101.03.
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. 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 certificate of title fee for a vehicle or an aircraft.
3. An amount equal to two percent 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 percent 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 percent of the fuel taxes reported, whichever is greater, for each fuel tax report filed electronically. 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 insufficient 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.
H. The department's authorized third party electronic service provider may retain two dollars for processing documents electronically when the statutory fee pursuant to prescribed by this title is two dollars or more.
I. The director may authorize the third party electronic service provider to process electronic fund transfers to the department for payment of motor vehicle taxes and fees. The third party electronic service provider may add a two dollar processing fee for each electronic funds transfer.
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 all of the following:
1. The amount charged for each transaction performed by the authorized third party.
2. The amount charged by the department for the same transaction.
3. How to file a complaint or concern with the department about the authorized third party.