Assigned to TRANSIT AS PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
Purpose
Establishes authority for certain transportation-related electronic and digital records, process for medical and vision standards for licensing drivers, and authority to establish a financial account database for motor vehicle-related transactions. Makes changes to confiscated driver license handling procedures and driver license records.
Background
The Arizona Department of Transportation (ADOT) is statutorily charged with providing an integrated and balanced state transportation system and is granted exclusive control and jurisdiction over the state highways and routes, state-owned airports and all state-owned transportation systems (A.R.S. § 28-331).
Driver Licenses
During an arrest for certain driving under the influence violations, if the person refuses to submit an ordered alcohol concentration or blood test, the law enforcement officer is required to confiscate the driver license of the motor vehicle operator. Current statute requires the law enforcement agency to forward the confiscated driver license with other required documents to ADOT within five days of the violation (A.R.S. §§ 28-1321 and 28-1385)
Transfer of a Vehicle
When the owner of a vehicle transfers the vehicle to another person, the owner may apply to ADOT for a refund or credit of unexpired fees and taxes, less a $12 processing fee. Credited monies may be used toward applicable vehicle license tax, gross weight fees, commercial registration fees, special plate fees or motor carrier fees for another vehicle of the same type (A.R.S. § 28-2356).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Electronic and Digital Documents and Processes
1. Allows the Director of ADOT to implement electronic or digital official records, including driver licenses, identification cards, proof of vehicle registration and license plates.
2. Allows the Director of ADOT to establish a system or process for electronically or digitally mailing notices of service or other legal documents.
3. Includes the display of a vehicle registration card on a wireless communication device in the requirements for a driver to carry the registration card at all times.
4. Stipulates that displaying evidence of an electronic or digital record on a wireless communication device does not constitute consent for law enforcement to access other content on the device.
5. Allows a required driver license photograph update and proof of vision test to be submitted electronically or digitally in a way standardized by ADOT.
6. Allows ADOT to send a notice of vehicle title or registration suspension or financial responsibility verification through an electronic or digital system.
7. Includes a display of an ADOT-generated record on a wireless communication device and an authorized electronic or digital license plate as evidence.
Medical and Vision Standards, Research and Training
8. Allows the Director of ADOT, in consultation with the Arizona Medical Board or the State Board of Optometry, to:
a) establish medical and vision standards and examinations to apply for a driver license;
b) establish training for driver license personnel for medical and vision examinations;
c) direct research and accept grant monies for licensing drivers;
d) conduct research for examining and licensing drivers with medical or vision problems; and
e) set minimum vision standards to operate a vehicle in Arizona.
ADOT Financial Accounts
9. Allows the Director of ADOT to establish a system or process to enable a person to establish a financial account in ADOT's database that is accessible by the person to view and make transactions with ADOT.
10. Replaces, effective September 1, 2019, the unused ADOT fees and taxes refund process with a process to allow a vehicle owner to apply an unexpired portion of Vehicle Licensing Tax, gross weight fees, commercial registration fees, special plate fees and motor carrier fees to the person's ADOT financial account.
11. Reverts, effective September 1, 2019, unexpended monies in financial accounts established in ADOT's database to Highway User Revenue Fund after five years.
12. Decreases, effective September 1, 2019, entitled credit monies on a monthly prorated basis until application if a person does not apply for a credit within 30 days.
13. Prorates, effective September 1, 2019, the unused credit monies using the assessed value of the vehicle for the year the full month is in for each full month remaining in the registration cycle.
14. Removes, effective September 1, 2019, the requirement for the Director of ADOT to adopt rules for a refund or credit of unused vehicle taxes and fees.
Driver Licenses
15. Allows a law enforcement agency the option to destroy, in compliance with state record procedures, a driver license or permit confiscated for refusal to submit an ordered alcohol concentration or blood test for certain DUI arrests.
16. Requires ADOT to remove a driver license suspension from a person's record upon completion of all statutorily- or court-imposed requirements, except for payment of reinstatement fees, and requires the person to pay the reinstatement fees when conducting a subsequent transaction with ADOT.
Insurance Documentation
17. Requires an insurer to include the insurer's number assigned by ADOT on all documents issued by the insurer or an authorized agent.
Miscellaneous
18. Defines terms.
19. Makes technical and conforming changes.
20. Becomes effective on the general effective date, with a delayed effective date as noted.
Amendments Adopted by Committee
· Delays the effective date of provisions creating a process for a vehicle owner to apply credited monies from unused vehicle taxes and fees to the owner's ADOT financial account.
Senate Action
TRANSIT 1/30/18 DPA 7-0-0
Prepared by Senate Research
January 30, 2018
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