HB2438 - 562R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 28-375, Arizona Revised Statutes, is amended to read:

START_STATUTE28-375. Alternative office hours for motor vehicle division offices

Notwithstanding section 1-302 and to meet the needs of the public, the director may establish hours of operation for motor vehicle division offices other than the office hours for state offices provided in section 38-401. END_STATUTE

Sec. 2. Section 28-472, Arizona Revised Statutes, is amended to read:

START_STATUTE28-472. Fleet operation services; records; rules; vehicle replacement rate; participating agencies; coordinator; public service announcements; annual report

A. The director shall operate the state motor vehicle fleet for the purpose of providing fleet operation services to agencies. The director shall make fleet operation services available to an agency on the request of the chosen representative for that agency.

B. The director is responsible for administering the state motor vehicle fleet, including:

1. Procuring motor vehicles for the state motor vehicle fleet.

2. Notwithstanding title 41, chapter 23, article 8, administering the surplus and sale of motor vehicles in the state motor vehicle fleet.

C. The director shall provide for detailed cost, operation, maintenance, mileage and custody records for each state-owned motor vehicle.

D. The director may adopt rules necessary to administer this article.

E. The department shall recover all costs for fleet operation services that are provided to an agency. Each agency shall pay from available monies the cost of fleet operation services received from the department at a rate determined by the director, including a separate vehicle replacement rate for motor vehicle replacements. The director shall deposit, pursuant to sections 35-146 and 35-147, monies received for fleet operation services in the state fleet operations fund established by section 28-475. The director shall deposit, pursuant to sections 35-146 and 35-147, monies received to pay the vehicle replacement rate in the state vehicle replacement fund established by section 28-476.

F. The following agencies are excluded from participation in the state motor vehicle fleet:

1. The department of public safety.

2. The department of economic security.

3. The state department of corrections.

4. Universities and community colleges.

5. The Arizona state schools for the deaf and the blind.

6. 5. The cotton research and protection council.

7. 6. The Arizona commerce authority.

8. 7. The department of child safety.

9. 8. The department of transportation.

G. The director shall appoint a state motor vehicle fleet coordinator.

H. An agency may not purchase, lease or rent a motor vehicle unless the agency is excluded from participation in the state motor vehicle fleet by subsection F of this section. The director may withhold registration for any motor vehicle that is purchased, leased or rented in violation of this subsection.

I. Notwithstanding subsection H of this section, an agency that administers a separate account pursuant to section 28-476, subsection C shall control the purchase, lease or rental of motor vehicles. Vehicles purchased, leased or rented under this subsection shall be used by the agency only for the agency's purposes.

J. An agency listed in subsection F of this section may elect to participate in the state motor vehicle fleet by executing an interagency service agreement between the agency and the department.

K. A governmental budget unit of this state that is not an agency may elect to participate in the state motor vehicle fleet by entering into an interagency service agreement with the department.

L. An agency, including an agency listed in subsection F of this section, may accept compensation for placing public service announcements on state-owned motor vehicles, and monies received shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund. The agency director shall determine the appropriateness of the announcements, may exempt any motor vehicles that are not suitable for advertising and may contract with private parties to design and place the announcements.

M. On or before October 1 of each year, the department shall submit to the joint legislative budget committee and the governor's office of strategic planning and budgeting a report that accounts for all monies deposited in the state fleet operations fund established by section 28-475 and the state vehicle replacement fund established by section 28-476, including any monies allocated to separate agency accounts. The report shall also include the number of motor vehicles that were replaced in the prior fiscal year, the number of motor vehicles at each agency, the replacement life cycle for each motor vehicle and the number of motor vehicles the department identifies as not requiring replacement. END_STATUTE

Sec. 3. Section 28-1559, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1559. Traffic case records; abstract of record; reports

A. Each magistrate, judge or hearing officer of a court shall:

1. Keep or cause to be kept a record of each traffic complaint or other legal form of traffic charge deposited with or presented to the court or its traffic violations bureau.

2. Keep a record of each official action by the court or its traffic violations bureau in reference to each traffic complaint or other legal form of traffic charge deposited with or presented to the court or its traffic violations bureau, including but not limited to a record of:

(a) Each conviction, forfeiture of bail or deposit, judgment of acquittal or civil adjudication.

(b) The amount of the civil penalty, fine or forfeiture resulting from each traffic complaint deposited with or presented to the court or traffic violations bureau.

B. Within ten days after the conviction, judgment or forfeiture of bail or deposit of a person on a charge of violating chapter 3 or 4 of this title or this chapter or any other law regulating the operation of vehicles on highways, each magistrate of the court or clerk of the court of record in which the conviction or judgment was had or bail or deposit was forfeited shall prepare and immediately forward to the department an abstract of the record of the court covering the case in which the person either:

1. Was convicted.

2. Was adjudicated to have committed a civil traffic violation.

3. Forfeited bail or deposit.

C. The person required to prepare the abstract shall certify that it is true and correct.

D. A report is not required for a conviction or civil adjudication involving the illegal parking or standing of a vehicle.

E. The abstract shall be made on a form furnished or in a manner prescribed by the department and shall include:

1. The name and address of the party charged.

2. The number, if any, of the driver license of the party charged.

3. The registration number of the vehicle involved.

4. The nature of the offense or civil traffic violation.

5. The date of the hearing, the plea, the judgment or whether bail or deposit was forfeited.

6. The amount of the fine, civil penalty or forfeiture.

F. Each court of record shall also forward a like report to the department on the conviction of a person of homicide or aggravated assault resulting from the operation of a motor vehicle or any other felony in the commission of which a motor vehicle was used. To facilitate the preparation of the report, the sentencing minute entry that is issued by the court shall indicate if the person was convicted of an offense that required the mandatory revocation of a driver license pursuant to section 28-3304, subsection A, paragraph 1, 2, 3, 4 or 5.

G. The department shall keep all abstracts received under this section for inspection as required by law.

H. Each judge, referee, hearing officer, probation officer or other person responsible for the disposition of cases involving traffic offenses or civil violations committed by persons under eighteen years of age shall:

1. Keep a full record of each case in which the person is charged with a violation of chapter 3 or 4 of this title or this chapter or any other law regulating the operation of vehicles on highways.

2. Report the offense or civil violation to the department at its office in Phoenix not more than thirty days after the date on which it was committed of conviction or of finding of responsibility, except that a report is not required for parking violations or if it is found that the offense or civil violation was not committed.

I. The report required by subsection H of this section shall:

1. Be made on a form furnished or in a manner prescribed by the department.

2. Contain:

(a) All necessary information as to the identity of the offender.

(b) The citing or arresting agency.

(d) The date of the hearing, the plea, the judgment or whether bail or deposit was forfeited.

(e) The amount of the fine, civil penalty or forfeiture.

J. Failure, refusal or neglect of a judicial officer to comply with this section is misconduct in office and grounds for removal from office.

K. Notwithstanding any other law, the department may not take administrative action against a person's driving privilege or a vehicle's registration if a judicial officer reports a conviction or finding of responsibility to the department more than five years after the date of conviction or finding of responsibility. END_STATUTE

Sec. 4. Section 28-2003, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2003. Fees; vehicle title and registration; identification plate; definitions

A. The following fees are required:

1. For each certificate of title, salvage certificate of title, restored salvage certificate of title or nonrepairable vehicle certificate of title, four dollars $4.

2. For each certificate of title for a mobile home, seven dollars $7. The director shall deposit three dollars $3 of each fee imposed by this paragraph in the state highway fund established by section 28-6991.

3. Except as provided in section 28-1177, for the registration of a motor vehicle, eight dollars $8, except that the fee for motorcycles is nine dollars $9.

4. For a duplicate registration card or any duplicate permit, four dollars $4.

5. For each special ninety day nonresident registration issued under section 28-2154, fifteen dollars $15.

6. For the registration of a trailer or semitrailer that is not a travel trailer, and that is ten thousand pounds or less declared gross vehicle weight and that is used in the furtherance of a commercial enterprise, eight dollars $8.

7. For the registration of a trailer or semitrailer that is not a travel trailer and that exceeds ten thousand pounds declared gross vehicle weight:

(a) On initial registration, a one-time onetime fee of two hundred forty-five dollars $245.

(b) On renewal of registration or if previously registered in another state, a one-time onetime fee of:

(i) If the trailer's or semitrailer's model year is less than six years old, one hundred forty-five dollars $145.

(ii) If the trailer's or semitrailer's model year is at least six years old, ninety-five dollars $95.

8. For the registration of a noncommercial trailer that is not a travel trailer and that is ten thousand pounds or less declared gross vehicle weight:

(a) On initial registration, a one-time onetime fee of twenty dollars $20.

(b) On renewal of registration, a one-time onetime fee of five dollars $5.

9. For a transfer of a noncommercial trailer that is not a travel trailer and that is ten thousand pounds or less declared gross vehicle weight, twelve dollars $12.

10. For each special ninety day resident registration issued under section 28-2154, fifteen dollars $15.

11. For each one trip registration permit issued under section 28-2155, one dollar $1.

12. For each temporary general use registration issued under section 28-2156, fifteen dollars $15.

13. For each identification plate bearing a serial or identification number to be affixed to any vehicle, five dollars $5.

B. For the purposes of this section: ,

1. "Declared gross weight" has the same meaning prescribed in section 28-5431.

2. "Travel trailer" means a trailer that is:

1. (a) Mounted on wheels.

2. (b) Designed to provide temporary living quarters for recreational, camping or travel use.

3. (c) Less than eight feet in width and less than forty feet in length. END_STATUTE

Sec. 5. Section 28-3171, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3171. Driver license expiration and renewal; exception; extension

A. Except as provided in subsection B, D or E of this section and unless medical restrictions require a shorter expiration period, a driver license is either of the following:

1. Except as provided in paragraph 3 of this subsection, valid until the applicant's sixty-fifth birthday.

2. Renewable for successive periods of five years after the applicant's sixtieth birthday.

3. Valid for a period of up to five years if initially issued to an applicant who is sixty years of age or older.

B. Notwithstanding subsection A of this section, on presentation of satisfactory proof of qualification, the director may issue a class D, G or M license or permit for a period of up to five years to:

1. A person who is an out-of-state student or who is the spouse of an out-of-state student. For the purposes of this paragraph, "out-of-state student" has the same meaning prescribed in section 28-2001.

2. An immediate family member of any active duty military personnel temporarily stationed in this state.

3. Any other person for whom the director determines other circumstances justify the issuance.

C. An applicant shall apply for renewal of a driver license before the expiration of a current license. The department may require an examination of a renewal applicant for a class D, G or M license as required of an original applicant.

D. A veteran, as defined in section 41-601, whose driver license expires is not required to renew the veteran's driver license for six months after the date of the veteran's discharge from military service.

E. The department may extend the expiration date of a class D or M license for a resident if the applicant is not in this state at the time the license expires and will not be in this state for at least thirty consecutive days after the expiration of the driver license. On payment by the applicant of the fee prescribed in section 28-3002, the department shall issue a certificate of extension that is valid only if accompanied by the applicant's previous license. An applicant for extension of a license shall comply with the following:

1. The application requirements of section 28-3158.

2. The licensing requirements of section 28-3153.

3. Medical requirements applicable to all license applicants, except that the applicant is not required to obtain an eyesight examination. END_STATUTE

Sec. 6. Title 28, chapter 8, article 5, Arizona Revised Statutes, is amended by adding section 28-3230, to read:

START_STATUTE28-3230. Federal motor carrier safety administration drug and alcohol clearinghouse; driving privilege denial

A. The department shall search the federal motor carrier safety administration's drug and alcohol clearinghouse before the department issues, upgrades, renews or transfers a commercial driver license or issues, upgrades or renews a commercial learner's permit.

B. On notification from the federal motor carrier safety administration's drug and alcohol clearinghouse that a driver is prohibited from operating a commercial motor vehicle due to a violation of the controlled substances and alcohol use and testing prohibitions in 49 code of federal regulations sections 382.201 through 382.217, the department shall:

1. Deny issuing, upgrading, renewing or transferring a commercial driver license or issuing, upgrading or renewing a commercial learner's permit.

2. Initiate downgrade procedures for commercial driver license and commercial learner's permit holders by removing the commercial privilege from the commercial driver license or commercial learner's permit. The downgrade is effective within sixty days after the department receives notification of the driver's prohibited status.

C. As provided by this chapter, the department shall allow issuing, upgrading, renewing, transferring or reinstating a commercial driver license or issuing, upgrading, renewing or reinstating a commercial learner's permit on notification from the federal motor carrier safety administration's drug and alcohol clearinghouse that a driver is no longer prohibited from operating a commercial motor vehicle.

D. If the federal motor carrier safety administration notifies the department that a driver was erroneously placed in a prohibited status, the department shall expunge the driver record of any reference to and actions taken on the driver record as a result of the erroneous notification and allow for the reinstatement of the commercial privilege for a commercial driver license or commercial learner's permit. END_STATUTE

Sec. 7. Section 28-5614, Arizona Revised Statutes, is amended to read:

START_STATUTE28-5614. Refunds; use fuel

A. If a vendor pays the use fuel tax rate for use class motor vehicles on use fuel that is actually used in the propulsion of a light class motor vehicle on a highway in this state or that is actually used in the propulsion of a use class motor vehicle that is exempt pursuant to section 28-5432 from the weight fee prescribed in section 28-5433 on a highway in this state and for the purpose of convenience and facility only, the vendor may apply to the department for a refund of the difference between the amount of the use class motor vehicle use fuel tax paid and the amount of the light class motor vehicle use fuel tax on the same number of gallons purchased.

B. If a person who transports forest products on a highway in this state in compliance with the requirements of section 41-1516 pays the use fuel tax rate prescribed in section 28-5606, subsection B, paragraph 2 for a use class motor vehicle that is eligible for the use fuel tax rate prescribed in section 28-5606, subsection B, paragraph 3, the person may apply to the department for a refund of the difference between the amount of the use fuel tax paid and the use fuel tax rate prescribed for a motor vehicle transporting forest products.

C. The director may prescribe any forms the director deems necessary to implement this section.

D. A vendor may file an application for a refund pursuant to this section either:

1. on a monthly basis subject to the limitations prescribed in section 28-5612.

2. If the amount of the requested refund is at least seven hundred fifty dollars, except that a vendor shall not file an application for a refund pursuant to this paragraph more frequently than once each week.

E. The director shall:

1. Pay the refund from current use fuel tax receipts.

2. Deduct the refund from the monthly use fuel tax receipts before the deposit pursuant to section 28-5730 is made. END_STATUTE

Sec. 8. Section 28-5745, Arizona Revised Statutes, is amended to read:

START_STATUTE28-5745. License revocation; hearing

A. The director may revoke the license of a person who refuses or neglects to comply with any provision of this article or any rule adopted pursuant to this article.

B. Before revoking the license, the director shall send notice by certified mail to the licensee at the licensee's address of record ordering the licensee to appear in the office of the director on a date at least ten days after mailing the notice and to show cause why the licensee's license should not be revoked.

B. A person who elects to dispute a decision of the department to revoke a license pursuant to subsection a of this section may request a hearing pursuant to section 28-5924.END_STATUTE

Sec. 9. Section 28-5801, Arizona Revised Statutes, is amended to read:

START_STATUTE28-5801. Vehicle license tax rate; definitions

A. At the time of application for and before registration each year of a vehicle, the registering officer shall collect the vehicle license tax imposed by article IX, section 11, Constitution of Arizona. On the taxpayer's vehicle license tax bill, the registering officer shall provide the taxpayer with the following:

1. information showing the amount of the vehicle license tax that each category of recipient will receive and the amount that is owed by the taxpayer.

2. The amount of vehicle license tax the taxpayer would pay pursuant to section 28-5805 if the taxpayer's motor vehicle was powered by alternative fuel.

B. Except as provided in subsections C, D and E of this section:

1. During the first twelve months of the life of a vehicle as determined by its initial registration, the vehicle license tax is based on each $100 in value, the value of the vehicle is sixty percent of the manufacturer's base retail price of the vehicle and the vehicle license tax rate for each of the recipients is as follows:

(a) The rate for the Arizona highway user revenue fund is $1.26.

(b) The rate for the county general fund is $.69.

(c) The rate for counties for any purposes related to transportation, as determined by the board of supervisors, is $.16.

(d) The rate for incorporated cities and towns is $.69.

2. During each succeeding twelve-month period, the vehicle license tax is based on each $100 in value, the value of the vehicle is 16.25 percent less than the value for the preceding twelve-month period and the vehicle license tax rate for each of the recipients is as follows:

(a) The rate for the Arizona highway user revenue fund is $1.30.

(b) The rate for the county general fund is $.71.

(d) The rate for incorporated cities and towns is $.71.

3. The minimum amount of the vehicle license tax computed under this section is $10 per year for each vehicle that is subject to the tax. If the product of all of the rates prescribed in paragraph 1 or 2 of this subsection is less than $10, the vehicle license tax is $10. The vehicle license tax collected pursuant to this paragraph shall be distributed to the recipients prescribed in this subsection based on the percentage of each recipient's rate to the sum of all of the rates.

C. The vehicle license tax is as follows for noncommercial trailers that are not travel trailers and that are ten thousand pounds or less declared gross vehicle weight:

1. On initial registration, a onetime vehicle license tax of $105.

2. On renewal of registration, a onetime vehicle license tax of $70.

D. The vehicle license tax is as follows for a trailer or semitrailer that is not a travel trailer and that exceeds ten thousand pounds declared gross vehicle weight:

1. On initial registration, a onetime vehicle license tax of $555.

2. On renewal of registration or if previously registered in another state, a onetime vehicle license tax of:

(a) If the trailer's or semitrailer's model year is less than six years old, $355.

(b) If the trailer's or semitrailer's model year is at least six years old, $100.

E. The vehicle license tax for an all-terrain vehicle or off-highway vehicle as defined in section 28-1171 is $3 if the all-terrain vehicle or off-highway vehicle meets both of the following criteria:

1. Is designed by the manufacturer primarily for travel over unimproved terrain.

2. Has an unladen weight of two thousand five hundred pounds or less.

F. The vehicle license tax collected pursuant to subsection C, D or E of this section shall be distributed to the recipients prescribed in subsection B of this section based on the percentage of each recipient's rate to the sum of all of the rates.

G. For the purposes of subsections C and D of this section: ,

1. "Declared gross weight" has the same meaning prescribed in section 28-5431.

2. "Travel trailer" has the same meaning prescribed in section 28-2003. END_STATUTE

Sec. 10. Section 28-6952, Arizona Revised Statutes, is amended to read:

START_STATUTE28-6952. Five year transportation facilities construction program; publication; hearing

A. On or before the second Monday in April 1 of each year, the board shall review the updated five year transportation facilities construction program prepared by the director.

B. On or before the first Monday in May 1 of each year, the board shall publish a notice in a newspaper of general circulation in each county in which construction projects are planned under the statewide five year transportation facilities construction program for the following five fiscal years. The notice shall specify a date that is on or before the third Monday in May for a public hearing held at the office of the board to review the program and hear objections and protests from an individual or group. The notice shall specify the date of the public hearing at which the board will consider the projects planned under the five year transportation facilities construction program. The public hearing shall allow the public to review the five year transportation facilities CONSTRuCTION program and make any comments to the board related to the projects planned.

C. After the public hearing, the board may make priority changes in or introduce new projects to the proposed five year transportation facilities construction program pursuant to section 28-6955. END_STATUTE

Sec. 11. Section 28-6954, Arizona Revised Statutes, is amended to read:

START_STATUTE28-6954. Program requirements

A. The five year transportation facilities construction program shall:

1. Set forth estimated expenditures by project for engineering, rights-of-way and construction.

2. Include detailed information by project as to location, description and the reasons for the project's assigned priority.

3. List projects by priority route and group them in the fiscal year during which it is estimated construction can begin.

4. For the first year of the program, consist of projects that can with reasonable certainty be advertised for public bidding.

5. Include a plan for the use of monies expected to be deposited in a county's regional area road fund as provided in chapter 17, article 1 of this title that is all of the following:

(a) Consistent with the plan as defined in section 28-6351.

(b) Consistent with the project budget process specified in section 28-6352, subsection C, paragraph 1.

6. Include a plan for the use of monies that are expected to accrue in a county's regional transportation fund as provided in section 48-5310, that are dedicated for street and highway purposes and that are in the state highway system.

B. The department shall develop and use detailed criteria designed to meet the transportation system performance measures adopted by the board pursuant to section 28-304 in identifying projects for the five year transportation facilities construction program. The project selection process shall also conform to state and regional growth policies. END_STATUTE

Sec. 12. Section 28-8322, Arizona Revised Statutes, is amended to read:

START_STATUTE28-8322. Registration; exceptions; definition

A. Aircraft based in this state shall be registered with the department.

B. A person or governmental entity shall register an aircraft by applying to the department on a form provided by the department within sixty days after the aircraft is brought into this state. A person who registers an aircraft shall renew the registration annually as prescribed by section 28-8322.01.

C. The department shall not issue a registration certificate for an aircraft to a person who is subject to the use tax paid pursuant to title 42, chapter 5, article 4 unless the applicable tax has been paid as shown by a receipt from the collecting officer.

D. Subsections A and B of this section do not apply to aircraft that is any of the following:

1. Operated by an airline company and regularly scheduled for the primary purpose of carrying persons or property for hire in interstate, intrastate or international transportation.

2. Owned by a nonresident who bases the aircraft in this state for a period of not more than ninety consecutive days or ninety days in any one calendar year, if the aircraft is not engaged in intrastate commercial activity.

3. A balloon.

E. Aircraft, except aircraft included in subsection D, paragraph 1 or 3 of this section, entering the state to engage in intrastate commercial operations shall be registered before commencing these operations.

F. For the purposes of this section, "balloon" means either:

1. An aircraft that is a flexible, nonporous bag inflated with a gas that is lighter than air.

2. A hot air balloon. END_STATUTE

Sec. 13. Section 28-9201, Arizona Revised Statutes, is amended to read:

START_STATUTE28-9201. Minimum safety standards; violation

A. As prescribed by 49 United States Code section 5329 or 5330 and 49 Code of Federal Regulations part 659 (1995) 674, the department shall establish, implement and enforce minimum safety standards for light rail transit systems and street car systems in a county with a population of more than five hundred thousand persons.

B. The safety oversight responsibilities of the department under this section include the authority to:

1. Review, approve, oversee and enforce the implementation by the rail fixed guideway public transportation agency of this state's required public agency safety plan relating to engineering, construction and revenue services.

2. Enforce relevant federal and state laws on rail fixed guideway public transportation safety.

C. If the department discovers a violation of the safety standards prescribed pursuant to subsection A of this section, the department shall report the violation in writing to the federal transit administration. END_STATUTE