Format Document

Strike everything after the enacting clause and insert:

"Section 1. Section 28-101, Arizona Revised Statutes, is amended to read:

28-101. Definitions

In this title, unless the context otherwise requires:

1. "Alcohol" means any substance containing any form of alcohol, including ethanol, methanol, propynol and isopropynol.

2. "Alcohol concentration" if expressed as a percentage means either:

(a) The number of grams of alcohol per one hundred milliliters of blood.

(b) The number of grams of alcohol per two hundred ten liters of breath.

3. "All‑terrain vehicle" means a motor vehicle that satisfies all of the following:

(a) Is designed primarily for recreational nonhighway all‑terrain travel.

(b) Is fifty or fewer inches in width.

(d) Travels on three or more low pressure tires.

(e) Has a seat to be straddled by the operator and handlebars for steering control.

(f) Is operated on a public highway.

4. "Authorized emergency vehicle" means any of the following:

(a) A fire department vehicle.

(b) A police vehicle.

(c) An ambulance or emergency vehicle of a municipal department or public service corporation that is designated or authorized by the department or a local authority.

(d) Any other ambulance, fire truck or rescue vehicle that is authorized by the department in its sole discretion and that meets liability insurance requirements prescribed by the department.

5. "Aviation fuel" means all flammable liquids composed of a mixture of selected hydrocarbons expressly manufactured and blended for the purpose of effectively and efficiently operating an internal combustion engine for use in an aircraft but does not include fuel for jet or turbine powered aircraft.

6. "Bicycle" means a device, including a racing wheelchair, that is propelled by human power and on which a person may ride and that has either:

(a) Two tandem wheels, either of which is more than sixteen inches in diameter.

(b) Three wheels in contact with the ground, any of which is more than sixteen inches in diameter.

7. "Board" means the transportation board.

8. "Bus" means a motor vehicle designed for carrying sixteen or more passengers, including the driver.

9. "Business district" means the territory contiguous to and including a highway if there are buildings in use for business or industrial purposes within any six hundred feet along the highway, including hotels, banks or office buildings, railroad stations and public buildings that occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway.

10. "Combination of vehicles" means a truck or truck tractor and semitrailer and any trailer that it tows but does not include a forklift designed for the purpose of loading or unloading the truck, trailer or semitrailer.

11. "Controlled substance" means a substance so classified under section 102(6) of the controlled substances act (21 United States Code section 802(6)) and includes all substances listed in schedules I through V of 21 Code of Federal Regulations part 1308.

12. "Conviction" means:

(a) An unvacated adjudication of guilt or a determination that a person violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal.

(b) An unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court.

(d) The payment of a fine or court costs.

13. "County highway" means a public road constructed and maintained by a county.

14. "Dealer" means a person who is engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers and who has an established place of business.

15. "Department" means the department of transportation acting directly or through its duly authorized officers and agents.

16. "Director" means the director of the department of transportation.

17. "Drive" means to operate or be in actual physical control of a motor vehicle.

18. "Driver" means a person who drives or is in actual physical control of a vehicle.

19. "Driver license" means a license that is issued by a state to an individual and that authorizes the individual to drive a motor vehicle.

20. "Electric personal assistive mobility device" means a self‑balancing two nontandem wheeled device with an electric propulsion system that limits the maximum speed of the device to fifteen miles per hour or less and that is designed to transport only one person.

21. "Farm tractor" means a motor vehicle designed and used primarily as a farm implement for drawing implements of husbandry.

22. "Foreign vehicle" means a motor vehicle, trailer or semitrailer that is brought into this state other than in the ordinary course of business by or through a manufacturer or dealer and that has not been registered in this state.

23. "Golf cart" means a motor vehicle that has not less than three wheels in contact with the ground, that has an unladen weight of less than one thousand eight hundred pounds, that is designed to be and is operated at not more than twenty‑five miles per hour and that is designed to carry not more than four persons including the driver.

24. "Hazardous material" means a material, and its mixtures or solutions, that the United States department of transportation determines under 49 Code of Federal Regulations is, or any quantity of a material listed as a select agent or toxin under 42 Code of Federal Regulations part 73 that is, capable of posing an unreasonable risk to health, safety and property if transported in commerce and that is required to be placarded or marked as required by the department's safety rules prescribed pursuant to chapter 14 of this title.

25. "Implement of husbandry" means a vehicle designed primarily for agricultural purposes and used exclusively in the conduct of agricultural operations, including an implement or vehicle whether self‑propelled or otherwise that meets all both of the following conditions:

(a) Is used exclusively for carrying products of farming from one part of a farm to another part of the same farm or from one farm to another farm.

(b) (a) Is used solely for agricultural purposes including the preparation or harvesting of cotton, alfalfa, grains and other farm crops.

(c) (b) Is only incidentally operated or moved on a highway whether as a trailer or self‑propelled unit. For the purposes of this paragraph, "incidentally operated or moved on a highway" means travel between a farm and another part of the same farm, from one farm to another farm or a farm and a place of repair, supply or storage.

26. "Limousine" means a motor vehicle providing prearranged ground transportation service for an individual passenger, or a group of passengers, that is arranged in advance or is operated on a regular route or between specified points and includes ground transportation under a contract or agreement for services that includes a fixed rate or time and is provided in a motor vehicle with a seating capacity not exceeding fifteen passengers including the driver.

27. "Livery vehicle" means a motor vehicle that:

(a) Has a seating capacity not exceeding fifteen passengers including the driver.

(b) Provides passenger services for a fare determined by a flat rate or flat hourly rate between geographic zones or within a geographic area.

(d) May do any of the following:

(i) Operate on a regular route or between specified places.

(ii) Offer prearranged ground transportation service as defined in section 28‑141.

(iii) Offer on demand ground transportation service pursuant to a contract with a public airport, licensed business entity or organization.

28. "Local authority" means any county, municipal or other local board or body exercising jurisdiction over highways under the constitution and laws of this state.

29. "Manufacturer" means a person engaged in the business of manufacturing motor vehicles, trailers or semitrailers.

30. "Moped" means a bicycle that is equipped with a helper motor if the vehicle has a maximum piston displacement of fifty cubic centimeters or less, a brake horsepower of one and one‑half or less and a maximum speed of twenty‑five miles per hour or less on a flat surface with less than a one per cent grade.

31. "Motor driven cycle" means a motorcycle, including every motor scooter, with a motor that produces not more than five horsepower.

32. "Motor vehicle":

(a) Means either:

(i) A self‑propelled vehicle.

(ii) For the purposes of the laws relating to the imposition of a tax on motor vehicle fuel, a vehicle that is operated on the highways of this state and that is propelled by the use of motor vehicle fuel.

(b) Does not include a motorized wheelchair, an electric personal assistive mobility device or a motorized skateboard. For the purposes of this subdivision:

(i) "Motorized skateboard" means a self‑propelled device that has a motor, a deck on which a person may ride and at least two tandem wheels in contact with the ground.

(ii) "Motorized wheelchair" means a self‑propelled wheelchair that is used by a person for mobility.

33. "Motor vehicle fuel" includes all products that are commonly or commercially known or sold as gasoline, including casinghead gasoline, natural gasoline and all flammable liquids, and that are composed of a mixture of selected hydrocarbons expressly manufactured and blended for the purpose of effectively and efficiently operating internal combustion engines. Motor vehicle fuel does not include inflammable liquids that are specifically manufactured for racing motor vehicles and that are distributed for and used by racing motor vehicles at a racetrack, use fuel as defined in section 28‑5601, aviation fuel, fuel for jet or turbine powered aircraft or the mixture created at the interface of two different substances being transported through a pipeline, commonly known as transmix.

34. "Motorcycle" means a motor vehicle that has a seat or saddle for the use of the rider and that is designed to travel on not more than three wheels in contact with the ground but excluding a tractor and a moped.

35. "Neighborhood electric vehicle" means a self‑propelled electrically powered motor vehicle to which all of the following apply:

(a) The vehicle is emission free.

(b) The vehicle has at least four wheels in contact with the ground.

(c) The vehicle complies with the definition and standards for low speed vehicles set forth in federal motor vehicle safety standard 500 and 49 Code of Federal Regulations sections 571.3(b) and 571.500, respectively.

36. "Nonresident" means a person who is not a resident of this state as defined in section 28‑2001.

37. "Off‑road recreational motor vehicle" means a motor vehicle that is designed primarily for recreational nonhighway all‑terrain travel and that is not operated on a public highway. Off‑road recreational motor vehicle does not mean a motor vehicle used for construction, building trade, mining or agricultural purposes.

38. "Operator" means a person who drives a motor vehicle on a highway, who is in actual physical control of a motor vehicle on a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.

39. "Owner" means:

(a) A person who holds the legal title of a vehicle.

(b) If a vehicle is the subject of an agreement for the conditional sale or lease with the right of purchase on performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, the conditional vendee or lessee.

40. "Pedestrian" means any person afoot. A person who uses an electric personal assistive mobility device or a manual or motorized wheelchair is considered a pedestrian unless the manual wheelchair qualifies as a bicycle. For the purposes of this paragraph, "motorized wheelchair" means a self‑propelled wheelchair that is used by a person for mobility.

41. "Power sweeper" means an implement, with or without motive power, that is only incidentally operated or moved on a street or highway and that is designed for the removal of debris, dirt, gravel, litter or sand whether by broom, vacuum or regenerative air system from asphaltic concrete or cement concrete surfaces, including parking lots, highways, streets and warehouses, and a vehicle on which the implement is permanently mounted.

42. "Public transit" means the transportation of passengers on scheduled routes by means of a conveyance on an individual passenger fare‑paying basis excluding transportation by a sight‑seeing bus, school bus or taxi or a vehicle not operated on a scheduled route basis.

43. "Reconstructed vehicle" means a vehicle that has been assembled or constructed largely by means of essential parts, new or used, derived from vehicles or makes of vehicles of various names, models and types or that, if originally otherwise constructed, has been materially altered by the removal of essential parts or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles. For the purposes of this paragraph, "essential parts" means integral and body parts, the removal, alteration or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle.

44. "Residence district" means the territory contiguous to and including a highway not comprising a business district if the property on the highway for a distance of three hundred feet or more is in the main improved with residences or residences and buildings in use for business.

45. "Right‑of‑way" when used within the context of the regulation of the movement of traffic on a highway means the privilege of the immediate use of the highway. Right‑of‑way when used within the context of the real property on which transportation facilities and appurtenances to the facilities are constructed or maintained means the lands or interest in lands within the right‑of‑way boundaries.

46. "School bus" means a motor vehicle that is designed for carrying more than ten passengers and that is either:

(a) Owned by any public or governmental agency or other institution and operated for the transportation of children to or from home or school on a regularly scheduled basis.

(b) Privately owned and operated for compensation for the transportation of children to or from home or school on a regularly scheduled basis.

47. "Semitrailer" means a vehicle that is with or without motive power, other than a pole trailer, that is designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. For the purposes of this paragraph, "pole trailer" has the same meaning prescribed in section 28‑601.

48. "State" means a state of the United States and the District of Columbia.

49. "State highway" means a state route or portion of a state route that is accepted and designated by the board as a state highway and that is maintained by the state.

50. "State route" means a right‑of‑way whether actually used as a highway or not that is designated by the board as a location for the construction of a state highway.

51. "Street" or "highway" means the entire width between the boundary lines of every way if a part of the way is open to the use of the public for purposes of vehicular travel.

52. "Taxi" means a motor vehicle that has a seating capacity not exceeding fifteen passengers, including the driver, that is registered as a taxi in this state or any other state, that provides passenger services and that:

(a) Does not operate on a regular route or between specified places.

(b) Offers local transportation for a fare determined primarily on the basis of the distance traveled.

53. "Trailer" means a vehicle that is with or without motive power, other than a pole trailer, that is designed for carrying persons or property and for being drawn by a motor vehicle and that is constructed so that no part of its weight rests on the towing vehicle. A semitrailer equipped with an auxiliary front axle commonly known as a dolly is deemed to be a trailer. For the purposes of this paragraph, "pole trailer" has the same meaning prescribed in section 28‑601.

54. "Truck" means a motor vehicle designed or used primarily for the carrying of property other than the effects of the driver or passengers and includes a motor vehicle to which has been added a box, a platform or other equipment for such carrying.

55. "Truck tractor" means a motor vehicle that is designed and used primarily for drawing other vehicles and that is not constructed to carry a load other than a part of the weight of the vehicle and load drawn.

56. "Vehicle" means a device in, on or by which a person or property is or may be transported or drawn on a public highway, excluding devices moved by human power or used exclusively on stationary rails or tracks.

57. "Vehicle transporter" means either:

(a) A truck tractor capable of carrying a load and drawing a semitrailer.

(b) A truck tractor with a stinger‑steered fifth wheel capable of carrying a load and drawing a semitrailer or a truck tractor with a dolly mounted fifth wheel that is securely fastened to the truck tractor at two or more points and that is capable of carrying a load and drawing a semitrailer.

Sec. 2. Section 28-305, Arizona Revised Statutes, is amended to read:

START_STATUTE28-305. Powers and duties of the board; rules

The board shall may prescribe rules for the effective administration of its powers, duties and responsibilities, including rules relating to:

1. Priority programs.

2. Establishing, altering or vacating highways.

3. Construction contracts.

4. Revenue bonds.

5. Local government airport grants.

6. Designating or establishing scenic or historic highways.

7. Prohibiting bid rigging. END_STATUTE

Sec. 3. Title 28, chapter 2, article 2, Arizona Revised Statutes, is amended by adding section 28-337, to read:

START_STATUTE28-337. High occupancy vehicle lane; lane degradation; priority use

A. In accordance with 23 United States Code section 166, the department shall develop procedures to monitor the impact that single occupancy vehicles authorized under sections 28-2416 and 28-2416.01 have on the operation of the high occupancy vehicle lanes.

B. If a high occupancy vehicle lane becomes degraded due to the authorization of single occupancy vehicles authorized under sections 28‑2416 and 28-2416.01, use of the lane is restricted to the following vehicles in the following priority:

1. Passenger vehicles with two or more occupants, including the driver.

2. Public transit buses.

3. Buses with two or more occupants, including the driver.

4. Motorcycles.

5. Alternative fuel vehicles.

6. Low emission and energy efficient vehicles.

C. The department shall limit use to vehicles in the priority order prescribed in subsection B of this section and shall maintain those restrictions while the lane or portion of the lane remains degraded.

D. For the purposes of this section, a high occupancy vehicle lane is degraded if vehicles operating on the facility, or portions of the facility, are failing to maintain a speed of forty-five miles per hour or greater ninety per cent of the time over a consecutive one hundred eighty day period during morning and evening weekday peak hour periods. END_STATUTE

Sec. 4. Section 28-367, Arizona Revised Statutes, is amended to read:

START_STATUTE28-367. Public transit

The director shall:

1. Receive, allocate, control and disperse all monies designated for state public transit programs by federal or state law or rule.

2. Pass on projects for construction in cooperation with the United States.

3. Negotiate and enter into contracts on behalf of this state with the United States for the cooperative construction and maintenance of federal aid public transit systems in this state.

4. Enter into agreements on behalf of this state with counties, cities, towns, public transit districts or any other political subdivisions for the improvement or maintenance of public transit systems or for the joint improvement or maintenance of public transit systems.

5. Enter into contracts for the construction of state public transit systems.

6. Adopt rules for the application for and the expenditure of all public transit monies. END STATUTE

Sec. 5. Section 28-372, Arizona Revised Statutes, is amended to read:

START_STATUTE28-372. Returned checks; dishonored electronic payments; fees

A. The director may assess:

1. The fee specified in section 44‑6852 for a check, draft or order that has been dishonored because of insufficient monies, payments stopped or closed accounts.

2. Collection costs.

3. A fee to be determined by the director for each electronic payment that has been dishonored because of insufficient monies, payments stopped or closed accounts.

B. The director shall deposit, pursuant to sections 35‑146 and 35‑147, service fees for dishonored checks, drafts, or orders or electronic payments that were submitted for titling and registering vehicles in the state highway fund established by section 28‑6991. The director shall deposit, pursuant to sections 35‑146 and 35‑147, all other service fees collected under subsection A of this section in the highway user revenue fund. END_STATUTE

Sec. 6. Section 28-601, Arizona Revised Statutes, is amended to read:

START_STATUTE28-601. Definitions

In this chapter, unless the context otherwise requires:

1. "Commercial motor vehicle" means a motor vehicle or combination of vehicles that is designed, used or maintained to transport passengers or property in the furtherance of a commercial enterprise, that is a commercial motor vehicle as defined in section 28-5201 and that is not exempt from gross weight fees as prescribed in section 28‑5432, subsection B.

2. "Controlled access highway" means a highway, street or roadway to or from which owners or occupants of abutting lands and other persons have no legal right of access except at such points only and in the manner determined by the public authority that has jurisdiction over the highway, street or roadway.

3. "Crosswalk" means:

(a) That part of a roadway at an intersection included within the prolongations or connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in absence of curbs, from the edges of the traversable roadway.

(b) Any portion of a roadway at an intersection or elsewhere that is distinctly indicated for pedestrian crossing by lines or other markings on the surface.

4. "Escort vehicle" means a vehicle that is required pursuant to rules adopted by the department to escort motor vehicles or combinations of vehicles that require issuance of a permit pursuant to article 18 or 19 of this chapter for operation on the highways of this state.

5. "Explosives" means any chemical compound, mixture or device that is commonly used or intended for the purpose of producing an explosion and that is defined in 49 Code of Federal Regulations part 173.

6. "Flammable liquid" means any liquid that has a flash point of less than one hundred degrees Fahrenheit and that is defined in 49 Code of Federal Regulations section 173.120.

7. "Gross weight" means the weight of a vehicle without a load plus the weight of any load on the vehicle.

8. "Intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or if none, the lateral boundary lines of the roadways of two highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling on different highways joining at any other angle may come in conflict. If a highway includes two roadways thirty or more feet apart, each crossing of each roadway of the divided highway by an intersecting highway is a separate intersection. If the intersecting highway also includes two roadways thirty or more feet apart, each crossing of two roadways of the highways is a separate intersection.

9. "License" means any license, temporary instruction permit or temporary license issued under the laws of this state or any other state that pertain to the licensing of persons to operate motor vehicles.

10. "Low emission and energy efficient vehicle" means a vehicle that has been certified by the United States environmental protection agency administrator in accordance with 23 United States Code section 166 or that is part of a federally approved pilot program.

10. 11. "Motorized wheelchair" means any self‑propelled wheelchair that is used by a person for mobility.

11. 12. "Official traffic control device" means any sign, signal, marking or device that is not inconsistent with this chapter and that is placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.

12. 13. "Park", if prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.

13. 14. "Photo enforcement system" means a device substantially consisting of a radar unit or sensor linked to a camera or other recording device that produces one or more photographs, microphotographs, videotapes or digital or other recorded images of a vehicle's license plate for the purpose of identifying violators of articles 3 and 6 of this chapter.

14. 15. "Pneumatic tire" means a tire in which compressed air is designed to support the load.

15. 16. "Pole trailer" means a vehicle that is all of the following:

(a) Without motive power.

(b) Designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle.

(c) Used ordinarily for transporting long or irregularly shaped loads such as poles, pipes or structural members capable generally of sustaining themselves as beams between the supporting connections.

16. 17. "Police officer" means an officer authorized to direct or regulate traffic or make arrests for violations of traffic rules or other offenses.

17. 18. "Private road or driveway" means a way or place that is in private ownership and that is used for vehicular travel by the owner and those persons who have express or implied permission from the owner but not by other persons.

18. 19. "Railroad" means a carrier of persons or property on cars operated on stationary rails.

19. 20. "Railroad sign or signal" means a sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.

20. 21. "Railroad train" means a steam engine or any electric or other motor that is with or without cars coupled to the steam engine or electric or other motor and that is operated on rails.

21. 22. "Roadway" means that portion of a highway that is improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two or more separate roadways, roadway refers to any such roadway separately but not to all such roadways collectively.

22. 23. "Safety zone" means the area or space that is both:

(a) Officially set apart within a roadway for the exclusive use of pedestrians.

(b) Protected or either marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

23. 24. "Sidewalk" means that portion of a street that is between the curb lines or the lateral lines of a roadway and the adjacent property lines and that is intended for the use of pedestrians.

24. "Solid tire" means a tire that both:

(a) Is made of rubber or other resilient material.

(b) Does not depend on compressed air for the support of the load.

25. "Stop", if required, means complete cessation from movement.

26. "Stop, stopping or standing", if prohibited, means any stopping or standing of an occupied or unoccupied vehicle, except when necessary to avoid conflict with other traffic or in compliance with directions of a police officer or traffic control sign or signal.

27. "Through highway" means a highway or portion of a highway at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing and when stop signs are erected as provided in this chapter.

28. "Traffic" means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using a highway for purposes of travel.

29. "Traffic control signal" means a device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.

30. "Truck" means a motor vehicle that is designed, used or maintained primarily for the transportation of property. END_STATUTE

Sec. 7. Section 28-641, Arizona Revised Statutes, is amended to read:

START_STATUTE28-641. Traffic control device manual and specifications

The director shall adopt a manual and specifications for a uniform system of traffic control devices for use on highways in this state. Except as provided in section 28‑2416, The uniform system shall correlate with and as far as possible conform to the system set forth in the most recent edition of the manual on uniform traffic control devices for streets and highways prepared by the national joint committee on uniform traffic control devices. END_STATUTE

Sec. 8. Section 28-642, Arizona Revised Statutes, is amended to read:

START_STATUTE28-642. Traffic control signs on state highways; rules

A. The director shall place and maintain traffic control devices that conform to the manual and specifications prescribed in section 28‑641 and to the requirements prescribed in section 28‑2416 on all state highways as the director deems necessary to indicate and to carry out this chapter or to regulate, warn or guide traffic.

B. A local authority shall not place or maintain a traffic control device on a highway under the jurisdiction of the director except by the director's permission.

C. In cooperation with local authorities, the director shall synchronize traffic control signals on a state highway that has a traffic flow exceeding fifteen thousand motor vehicles per day in a vehicle emissions control area as defined in section 49‑541.

D. The director shall adopt rules pursuant to title 41, chapter 6 to establish criteria for the installation and maintenance of directional signs for universities prescribed in section 15‑1601, for community colleges as defined in section 15‑1401 and for the campus of a regionally accredited college or university.END_STATUTE

Sec. 9. Section 28-693, Arizona Revised Statutes, is amended to read:

START_STATUTE28-693. Reckless driving; classification; license; surrender

A. A person who drives a vehicle in reckless disregard for the safety of persons or property is guilty of reckless driving.

B. A person convicted of reckless driving is guilty of a class 2 misdemeanor.

C. In addition, the judge may require the surrender to a police officer of any driver license of the convicted person, shall report the conviction to the department and may order the driving privileges of the person to be suspended for a period of not more than ninety days. On receipt of the abstract of conviction and order, the department shall suspend the driving privilege of the person for the period of time ordered by the judge.

D. If a person who is convicted of a violation of this section has been previously convicted of a violation of this section, section 13‑1102 or section 13‑1103, subsection A, paragraph 1, in the driving of a vehicle, or section 28‑708, 28‑1381, 28‑1382 or 28‑1383 within a period of twenty‑four months:

1. The person is guilty of a class 1 misdemeanor.

2. The person is not eligible for probation, pardon, suspension of sentence or release on any basis until the person has served not less than twenty days in jail.

3. The judge may require the surrender to a police officer of any driver license of the person and shall immediately forward the abstract of conviction to the department.

4. On receipt of the abstract of conviction, the department shall revoke the driving privilege of the person.

E. The dates of the commission of the offense are the determining factor in applying subsection D of this section. In applying the twenty‑four month period provision of subsection D of this section, the dates of the commission of the offense shall be the determining factor, irrespective of the sequence in which the offenses were committed. A second or subsequent violation for which a conviction occurs as provided in this section does not include a conviction for an offense arising out of the same series of acts.

F. On pronouncement of a jail sentence under this section, and after the court receives confirmation that the person is employed or is a student, the court may provide in the sentence that if the defendant is employed or is a student the defendant can continue employment or schooling for not more than twelve hours per day nor more than five days per week. The defendant shall spend the remaining days or parts of days in jail until the sentence is served and shall be allowed out of jail only long enough to complete the defendant's actual hours of employment or schooling. END_STATUTE

Sec. 10. Section 28-701, Arizona Revised Statutes, is amended to read:

28-701. Reasonable and prudent speed; prima facie evidence; exceptions

A. A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing. A person shall control the speed of a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others.

B. Except as provided in subsections C and D of this section or except if a special hazard requires a lesser speed, any speed in excess of the following speeds is prima facie evidence that the speed is too great and therefore unreasonable:

1. Fifteen miles per hour approaching a school crossing.

2. Twenty‑five miles per hour in a business or residential district.

3. Sixty‑five miles per hour in other locations.

C. The speed limits prescribed in this section may be altered as authorized in sections 28‑702 and 28‑703.

D. The maximum speed provided in this section is reduced to the speed that is reasonable and prudent under the conditions and with regard to the actual and potential hazards then existing, including the following conditions:

1. Approaching and crossing an intersection or railroad crossing.

2. Approaching and going around a curve.

3. Approaching a hillcrest.

4. Traveling on a narrow or winding roadway.

5. A special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

E. A person shall not drive a motor vehicle at a speed that is less than the speed that is reasonable and prudent under existing conditions unless THE SPEED THAT IS reasonable and prudent exceeds the maximum safe operating speed of the lawfully operated implement of husbandry.

Sec. 11. Section 28-704, Arizona Revised Statutes, is amended to read:

28-704. Minimum speed limits; requirement to turn off roadway

A. A person shall not drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when either of the following applies:

1. Reduced speed is necessary for safe operation or in compliance with law.

2. The reasonable flow of traffic exceeds the maximum safe operating speed of the lawfully operated implement of husbandry.

B. If the director or local authorities within their respective jurisdictions determine on the basis of an engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the director or local authority may determine and declare a minimum speed limit below which a person shall not drive a vehicle except when necessary for safe operation or in compliance with law.

C. If a person is driving a vehicle at a speed less than the normal flow of traffic at the particular time and place on a two‑lane highway where passing is unsafe, and if five or more vehicles are formed in a line behind the vehicle, the person shall turn the vehicle off the roadway at the nearest place designated as a turnout by signs erected by the director or a local authority, or wherever sufficient area for a safe turnout exists, in order to permit the vehicles following to proceed.

Sec. 12. Section 28-737, Arizona Revised Statutes, is amended to read:

START_STATUTE28-737. High occupancy vehicle lanes; civil penalty; definition

A. Except as provided in section sections 28‑2416 and 28‑2416.01 and subsections B, C, and D and E of this section, a person shall not drive a vehicle carrying fewer than two persons, including the driver, in a high occupancy vehicle lane at any time the use of the high occupancy vehicle lane is restricted to vehicles carrying two or more persons, including the driver.

B. If the department receives approval from the federal government allowing the use of high occupancy vehicle lanes by hybrid vehicles, a person may drive a hybrid vehicle with alternative fuel vehicle special plates, or an alternative fuel vehicle sticker, and a hybrid vehicle sticker issued pursuant to section 28‑2416 in high occupancy vehicle lanes at any time, regardless of occupancy level, without penalty.

C. B. During the performance of a tow truck operator's duties, a tow truck operator may drive a tow truck in a high occupancy vehicle lane, regardless of occupancy level, without penalty.

D. C. A person may drive a motorcycle in a high occupancy vehicle lane at any time regardless of the number of passengers, without penalty.

E. D. A person may drive a public transportation vehicle in a high occupancy vehicle lane at any time regardless of the number of passengers, without penalty.

F. E. A person who violates subsection A of this section is subject to a civil penalty of two hundred dollars.

G. F. Notwithstanding section 28‑1554, one hundred dollars of each civil penalty collected pursuant to subsection F E of this section shall be deposited in the state general fund.

H. G. For the purposes of this section, :

1. "Hybrid vehicle" means a factory‑manufactured vehicle that satisfies all of the following:

(a) Combines two or more power train technologies to produce a vehicle with significantly lower fuel consumption than the average of its class.

(b) Exhibits the storage of kinetic energy by use of regenerative braking and batteries or capacitors, and the stored energy is used to assist or provide full acceleration of the vehicle.

(c) Allows a portion of the energy to be supplied from an internal combustion engine or fuel cell for vehicle acceleration and to store electrical energy on board.

(d) Obtains all energy required to operate from storage fuel tanks placed on board the vehicle.

(e) Has been approved by the United States environmental protection agency as meeting, at a minimum, the United States environmental protection agency ultralow emission vehicle standard pursuant to 40 Code of Federal Regulations section 88.104‑94.

2. "public transportation vehicle" means any vehicle that provides a public entity's public transportation service and either:

(a) 1. Is owned or operated by the public entity.

(b) 2. Is operated under a contract with the public entity. END_STATUTE

Sec. 13. Section 28-876, Arizona Revised Statutes, is amended to read:

START_STATUTE28-876. Parking spaces for electric vehicles; civil penalty

A. A person shall not stop, stand or park a motor vehicle within any parking space specially designated for parking and fueling motor vehicles fueled exclusively by electricity unless the motor vehicle is powered by electricity and has been issued an alternative fuel vehicle special plate or sticker pursuant to section 28‑2416.

B. If a law enforcement officer finds a motor vehicle in violation of this section, the law enforcement officer shall issue a complaint to the operator or other person in charge of the motor vehicle or, if an operator or other person is not present, to the registered owner of the motor vehicle for a civil traffic violation.

C. A person who is found responsible for a violation of this section is subject to a civil penalty of at least three hundred fifty dollars. Notwithstanding section 28‑1554, the civil penalties collected pursuant to this subsection shall be deposited in the state general fund. END_STATUTE

Sec. 14. Section 28-924, Arizona Revised Statutes, is amended to read:

START_STATUTE28-924. Motor vehicle head lamps

A. A motor vehicle other than a motorcycle, an all‑terrain vehicle or a motor driven cycle shall be equipped with at least two head lamps with at least one on each side of the front of the motor vehicle. The head lamps shall comply with the requirements and limitations of this article.

B. A motorcycle, an all‑terrain vehicle and a motor driven cycle shall be equipped with at least one and not more than two head lamps that comply with the requirements and limitations of this article.

C. A head lamp on a motor vehicle, including a motorcycle, an all‑terrain vehicle and a motor driven cycle, shall be located at a height of not more than fifty‑four inches nor less than twenty‑four twenty-two inches to be measured as provided in section 28‑923, subsection B. END_STATUTE

Sec. 15. Section 28-925, Arizona Revised Statutes, is amended to read:

START_STATUTE28-925. Tail lamps

A. A motor vehicle, trailer, semitrailer and pole trailer and any other vehicle that is being drawn at the end of a train of vehicles shall be equipped with at least one tail lamp mounted on the rear. When lighted as required by this article, the tail lamp shall emit a red light plainly visible from a distance of five hundred feet to the rear, except that in the case of a train of vehicles, only the tail lamp on the rearmost vehicle need actually be seen from the distance specified.

B. A tail lamp on a vehicle shall be located at a height of not more than sixty seventy-two inches nor less than fifteen inches to be measured as provided in section 28‑923, subsection B.

C. Either a tail lamp or a separate lamp shall be constructed and placed in a manner that illuminates with a white light the rear license plate and renders it clearly legible from a distance of fifty feet to the rear. A tail lamp or tail lamps together with any separate lamp for illuminating the rear license plate shall be wired to provide that the tail lamp or lamps are lighted whenever the head lamps or auxiliary driving lamps are lighted.END_STATUTE

Sec. 16. Repeal

Section 28-952.01, Arizona Revised Statutes, is repealed.

Sec. 17. Repeal

Title 28, chapter 6, article 1, Arizona Revised Statutes, is repealed.

Sec. 18. Section 28-2003, Arizona Revised Statutes, is amended to read:

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

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.

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

3. For the registration of a motor vehicle, eight dollars, except that the fee for motorcycles is nine dollars.

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

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

6. Except as provided in paragraph 7 of this subsection, For the registration of a trailer or semitrailer that is not a travel trailer and that is ten thousand pounds or less gross vehicle weight and that is used in the furtherance of a commercial enterprise, eight dollars. , and

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

(a) On initial registration, a one‑time fee of two hundred forty‑five dollars.

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

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

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

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

(a) On initial registration, a one‑time fee of twenty dollars.

(b) On renewal of registration, a one‑time fee of five dollars.

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

9. 10. For each special ninety day resident registration issued under section 28‑2154, fifteen dollars.

10. 11. For each one trip registration permit issued under section 28‑2155, one dollar.

11. 12. For each temporary general use registration issued under section 28‑2156, fifteen dollars.

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

B. For the purposes of this section, "travel trailer" means a trailer that is:

1. Mounted on wheels.

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

3. Less than eight feet in width and less than forty feet in length.

Sec. 19. Section 28-2351, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2351. License plate provided; design

A. The department shall provide to every owner one license plate for each vehicle registered. At the request of the owner and on payment of any required fee, the department shall provide either one or two license plates for a vehicle for which a special plate is requested pursuant to this chapter, except that the department shall provide one license plate if the special plate is issued pursuant to section 28‑2404, 28‑2409 or 28‑2416 or 28‑2416.01.

B. The license plate shall display the number assigned to the vehicle and to the owner of the vehicle and the name of this state, which may be abbreviated. The director shall coat the license plate with a reflective material that is consistent with the determination of the license plate commission established by section 28‑2405 regarding the color and design of license plates and special plates as prescribed by section 28‑2405. The director shall design the license plate and the letters and numerals on the license plate to be of sufficient size to be plainly readable during daylight from a distance of one hundred feet. In addition to the standard license plate issued for a trailer before August 12, 2005, the director shall issue a license plate for trailers that has a design that is similar to the standard size license plate for trailers but that is the same size as the license plate for motorcycles. The trailer owner shall notify the department which size license plate the owner wants for the trailer.

C. Notwithstanding any other law, the department shall not contract with a nongovernmental entity to purchase or secure reflective material for the plates issued by the department unless the department has made a reasonable effort to secure qualified bids or proposals from as many individual responsible respondents as possible.

D. The license plate commission established by section 28‑2405 shall determine the color and design of the license plate. All other plates issued by the department, except the plates issued pursuant to sections 28‑2412, 28‑2413, 28‑2414, 28‑2416, 28‑2416.01, 28‑2417 through 28‑2432 28‑2434, 28‑2452, 28‑2453, 28‑2454 and 28‑2455 and article 14 of this chapter, shall be the same color as and similar in design to the license plate as determined by the commission.

E. A passenger motor vehicle rented without a driver shall receive the same type of license plate as issued for a private passenger motor vehicle. END_STATUTE

Sec. 20. Section 28-2354, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2354. 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. 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.

B. A person shall display all license plates as required by subsection A until their lawful use expires or is canceled or revoked. A person shall maintain each license plate so it is clearly legible and so that the name of this state at the top of the license plate is not obscured. 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. 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.

E. 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. END_STATUTE

Sec. 21. Section 28-2403, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2403. Special plates; transfers; violation; classification

A. Except as otherwise provided in this article, the department shall issue or renew special plates in lieu of the regular license plates pursuant to the following conditions and procedures and only if the requirements prescribed by this article for the requested special plates are met:

1. Except as provided in section sections 28‑2416 and 28‑2416.01, a person who is the registered owner of a vehicle registered with the department or who applies for an original or renewal registration of a vehicle may submit to the department a completed application form as prescribed by the department with the fee prescribed by section 28‑2402 for special plates in addition to the registration fee prescribed by section 28‑2003.

2. Except for plates issued pursuant to sections 28‑2412, 28‑2413, 28‑2414, 28‑2416, 28‑2416.01, 28‑2417 through 28‑2432 28‑2434, 28‑2452, 28‑2453, 28‑2454 and 28‑2455 and article 14 of this chapter, the special plates shall be the same color as and similar to the design of the regular license plates that is determined by the license plate commission pursuant to section 28‑2351.

3. Except as provided in section 28‑2416, the department shall issue special plates only to the owner or lessee of a vehicle that is currently registered, including any vehicle that has a declared gross weight, as defined in section 28‑5431, of twenty‑six thousand pounds or less.

4. Except as provided in section sections 28‑2416 and 28‑2416.01, the department shall charge the fee prescribed by section 28‑2402 for each annual renewal of special plates in addition to the registration fee prescribed by section 28‑2003.

B. Except as provided in section sections 28‑2416 and 28‑2416.01, on notification to the department and on payment of the transfer fee prescribed by section 28‑2402, a person who is issued special plates may transfer the special plates to another vehicle the person owns or leases. Persons who are issued special plates for hearing impaired persons pursuant to section 28‑2408 and international symbol of access special plates pursuant to section 28‑2409 are exempt from the transfer fee. If a person who is issued special plates sells, trades or otherwise releases ownership of the vehicle on which the plates have been displayed, the person shall immediately report the transfer of the plates to the department or the person shall surrender the plates to the department as prescribed by the director. It is unlawful for a person to whom the plates have been issued to knowingly permit them to be displayed on a vehicle except the vehicle authorized by the department.

C. The special plates shall be affixed to the vehicle for which registration is sought in lieu of the regular license plates.

D. A person is guilty of a class 3 misdemeanor who:

1. Violates subsection B of this section.

2. Fraudulently gives false or fictitious information in the application for or renewal of special plates or placards issued pursuant to this article.

3. Conceals a material fact or otherwise commits fraud in the application for or renewal of special plates or placards issued pursuant to this article. END_STATUTE

Sec. 22. Section 28-2405, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2405. License plate commission

A. A license plate commission is established. The commission is composed of the following members:

1. Two public members who are appointed by the director of the department of transportation.

2. A person who is appointed by the governor from the governor's office of highway safety and who serves at the pleasure of the governor.

3. The director of the department of public safety or the director's designee.

4. The director of the department of transportation or the director's designee.

5. The director of the office of tourism or the director's designee.

6. The director of the state department of corrections or the director's designee.

B. The director of the department of transportation or the director's designee shall serve as chairman of the commission. The chairman shall preside at commission meetings and coordinate the activities of the commission and staff implementation of commission actions.

C. All official actions of the commission shall be decided by a majority vote of commission members.

D. The commission shall determine the following:

1. The color and design of license plates.

2. The color of special plates to be the same as and the design of special plates to be similar to the license plates, except for special plates issued pursuant to sections 28‑2412, 28‑2413, 28‑2414, 28‑2416, 28‑2416.01, 28‑2417 through 28‑2432 28‑2434, 28‑2452, 28‑2453, 28‑2454 and 28‑2455 and article 14 of this chapter.

3. Whether to authorize special organization plates pursuant to section 28‑2404.

4. The indicia for special organization plates issued pursuant to section 28‑2404.

E. The department shall provide the commission with staff and technical assistance as necessary to perform its functions.

F. Commission members are not eligible to receive compensation, but the members who are appointed pursuant to subsection A, paragraphs 1 and 2 of this section are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. END_STATUTE

Sec. 23. Section 28-2416, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2416. Alternative fuel vehicle special plates; stickers; use of high occupancy vehicle lanes; definition

A. Beginning on April 1, 1997, A person who owns a motor vehicle that has either been converted or manufactured to use an alternative fuel as the vehicle's exclusive fuel source and that is incapable of operating on any other type of fuel and the alternative fuel was subject to the use fuel tax imposed pursuant to chapter 16 of this title before April 1, 1997 shall apply for alternative fuel vehicle special plates pursuant to this section.

B. A person who owns a motor vehicle that is a hybrid vehicle may apply for alternative fuel vehicle special plates pursuant to this section. The department shall issue alternative fuel vehicle special plates, or an alternative fuel vehicle sticker as provided in subsection E of this section, and a hybrid vehicle sticker to a person who satisfies the requirements prescribed in subsection C of this section. The hybrid vehicle sticker shall be designed by the department and shall be placed on the motor vehicle as prescribed by the department.

C. B. The department shall issue alternative fuel vehicle special plates, or an alternative fuel vehicle sticker as provided in subsection E D of this section, to a person who satisfies all of the following:

1. Owns a motor vehicle that is exclusively powered by an alternative fuel or that is a hybrid vehicle and that is incapable of operating on any other type of fuel.

2. Provides proof as follows:

(a) For an original equipment manufactured alternative fuel vehicle or hybrid vehicle, the dealer who sells the motor vehicle shall provide to the department of transportation and the owner of the motor vehicle a certificate indicating:

(i) That the motor vehicle is exclusively powered by an alternative fuel or is a hybrid vehicle and is incapable of operating on any other type of fuel.

(ii) The emission classification of the motor vehicle as low, inherently low, ultralow or zero.

(b) For a converted motor vehicle or a motor vehicle that is assembled by the owner, the department of environmental quality or an agent of the department of environmental quality shall provide a certificate to the department of transportation and the owner of the motor vehicle indicating that the motor vehicle is exclusively powered by an alternative fuel or is a hybrid vehicle and is incapable of operating on any other type of fuel.

3. Pays an eight dollar special plate administrative administration fee, except that vehicles that are registered pursuant to section 28‑2511 are exempt from that fee. The department shall deposit, pursuant to sections 35‑146 and 35‑147, all special plate administrative administration fees in the state highway fund established by section 28‑6991.

D. C. The color and design of the alternative fuel vehicle special plates are subject to the approval of the department of commerce energy office. The director may allow a request for alternative fuel vehicle 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 alternative fuel vehicle special plates. Alternative fuel vehicle special plates are not transferable, except that if the director allows alternative fuel vehicle special plates to be personalized a person who is issued personalized alternative fuel vehicle special plates may transfer those plates to another alternative fuel vehicle for which the person is the registered owner or lessee.

E. D. If a motor vehicle qualifies pursuant to this section and any other special plates are issued pursuant to article 7, 8 or 13 of this chapter or section 28‑2514 for the motor vehicle, the department may issue an alternative fuel vehicle sticker to the person who owns the motor vehicle. The alternative fuel vehicle sticker shall be diamond‑shaped, shall indicate the type of alternative fuel used by the vehicle and shall be placed on the motor vehicle as prescribed by the department.

F. E. Except as provided in section 28‑737, subsection B 28‑337, a person may drive a motor vehicle with alternative fuel vehicle special plates or an alternative fuel vehicle sticker in high occupancy vehicle lanes at any time, regardless of occupancy level, without penalty.

G. F. A person shall not drive a motor vehicle in a high occupancy vehicle lane with an alternative fuel vehicle sticker if the motor vehicle is not an alternative fuel vehicle or a hybrid vehicle for which an alternative fuel vehicle sticker and a hybrid vehicle sticker have has been issued pursuant to this section. A person who violates this subsection is subject to a civil penalty of three hundred fifty dollars. Notwithstanding section 28‑1554, the civil penalty collected pursuant to this subsection shall be deposited in the state general fund.

H. The department shall mark high occupancy vehicle lane signs to indicate that those lanes may be used by alternative fuel vehicles regardless of the number of occupants. The design of the sign shall be the same as the design of the alternative fuel vehicle special plate, and the sign shall be at least as large as the high occupancy vehicle lane sign. These high occupancy vehicle lane signs are official traffic control devices. On highway exit signs the department shall also indicate access to alternative fuel vehicle fueling stations that are open to the public.

G. For the purposes of section 28‑337, the department shall:

1. Limit or suspend the issuance of alternative fuel vehicle special plates.

2. Remove the privilege of operating in the high occupancy vehicle lane with a single occupant, including the driver.

I. H. If the department publishes maps of the state highway system that are distributed to the general public, the department shall indicate on those maps the approximate location of alternative fuel delivery facilities that are open to the public.

J. I. For the purposes of this section, :

1. "alternative fuel" has the same meaning prescribed in section 1‑215.

2. "Hybrid vehicle" has the same meaning prescribed in section 28‑737. END_STATUTE

Sec. 24. Title 28, chapter 7, article 12, Arizona Revised Statutes, is amended by adding section 28-2416.01, to read:

START_STATUTE28-2416.01. Low emission and energy efficient vehicle special plates; use of high occupancy vehicle lanes; civil penalty

A. Except as provided in section 28-337 and if the department receives approval from the federal government as prescribed in subsection D of this section, a person who owns a motor vehicle that is a low emission and energy efficient vehicle as defined in section 28‑601 may apply for a low emission and energy efficient vehicle special plate pursuant to this section. The low emission and energy efficient vehicle special plate shall be designed by the director.

B. A person who applies for a low emission and energy efficient vehicle special plate shall pay an eight dollar plate administration fee, except that vehicles that are registered pursuant to section 28-2511 are exempt from that fee. The department shall deposit, pursuant to sections 35‑146 and 35-147, all special plate administration fees in the state highway fund established by section 28-6991.

C. The director may allow a request for a low emission and energy efficient vehicle special plate 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 low emission and energy efficient vehicle special plates. Low emission and energy efficient vehicle special plates may be transferred to another low emission and energy efficient vehicle for which the person is the registered owner or lessee.

D. Except as provided in section 28-337 and if the department receives approval from the federal government allowing the use of high occupancy vehicle lanes by low emission and energy efficient vehicles, as defined in section 28‑601, that achieve not less than a fifty per cent increase in city fuel economy or not less than a twenty‑five per cent increase in combined city‑highway fuel economy in accordance with 23 United States Code section 166, a person may drive a motor vehicle with a low emission and energy efficient vehicle special plate in high occupancy vehicle lanes at any time, regardless of occupancy level, without penalty.

E. A person shall not drive a motor vehicle in a high occupancy vehicle lane with a low emission and energy efficient vehicle special plate if the motor vehicle is not a low emission and energy efficient vehicle for which a low emission and energy efficient vehicle special plate has been issued pursuant to this section. A person who violates this subsection is subject to a civil penalty of three hundred fifty dollars. Notwithstanding section 28-1554, the civil penalty collected pursuant to this subsection shall be deposited in the state general fund.

F. For the purposes of section 28-337, the department shall:

1. Limit or suspend the issuance of low emission and energy efficient vehicle special plates.

2. Remove the privilege of operating in the high occupancy vehicle lane with a single occupant, including the driver. END_STATUTE

Sec. 25. Title 28, chapter 7, article 12, Arizona Revised Statutes, is amended by adding sections 28-2433 and 28‑2434, to read:

START_STATUTE28-2433. Arizona professional football club special plates; fund

A. If, by December 31, 2009, a charitable organization affiliated with an Arizona professional football club donates thirty‑two thousand dollars to the department for the implementation of an Arizona professional football club special plate, the department shall issue the Arizona professional football club special plates. The entity that provides the thirty‑two thousand dollars for the implementation of the Arizona professional football club special plates shall design the Arizona professional football club special plates. The design and color of the Arizona professional football club special plates are subject to the approval of the department. The director may allow a request for Arizona professional football club 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 Arizona professional football club special plates.

B. Of the twenty‑five dollar fee required by section 28‑2402 for the original special plates and for renewal of special plates, eight dollars is a special plate administration fee and seventeen dollars is an annual donation.

C. The department shall deposit, pursuant to sections 35‑146 and 35‑147, all special plate administration fees in the state highway fund established by section 28‑6991 and all donations collected pursuant to this section in the Arizona professional football club special plate fund established by subsection D of this section.

D. The Arizona professional football club special plate fund is established consisting of monies received pursuant to this section. The director shall administer the fund. The first thirty-two thousand dollars received shall be reimbursed to the entity that paid the implementation fee to the department pursuant to subsection A of this section. Not more than ten per cent of monies deposited in the fund annually shall be used for the cost of administering the fund. Monies in the fund are continuously appropriated. The director shall allocate monies from the fund through a private Arizona professional football organization's foundation that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes. The director shall forward all monies deposited in the Arizona professional football club special plate fund, excluding administrative fees, to the foundation on an annual basis.

E. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund.END_STATUTE

START_STATUTE28-2434. Emergency medical services special plates

A. If, by December 31, 2014, a nonprofit corporation in this state that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes pays thirty-two thousand dollars to the department for the implementation of this section, The department shall issue emergency medical services special plates. The nonprofit corporation that provides the thirty‑two thousand dollars for the implementation of the emergency medical services special plates shall design the emergency medical services special plates. The design and color of the emergency medical services special plates are subject to the approval of the department. The director may allow a request for emergency medical services 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 emergency medical services special plates.

C. The department shall deposit, pursuant to sections 35‑146 and 35‑147, all special plate administration fees in the state highway fund established by section 28‑6991 and shall distribute all donations collected pursuant to this section as authorized in a written resolution of the nonprofit corporation that provided the thirty‑two thousand dollars for implementation of this section. The nonprofit corporation shall file a copy of this resolution with the department. The nonprofit corporation must use the donations for public purposes related to emergency medical services. END_STATUTE

Sec. 26. Section 28-2511, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2511. Official vehicles; registration exemption; definitions

A. A registration fee is not required for a vehicle owned by a foreign government, by a consul or any other official representative of a foreign government, by the United States, by a state or political subdivision of a state, by an Indian tribal government, by a provider of ambulance, fire fighting or rescue services that is used solely for the purpose of providing emergency services or by a nonprofit organization that presents to the department a form approved by the director of the division of emergency management pursuant to section 26‑318. The person who has custody of these vehicles shall register them as required by this chapter and shall display official license plates that bear distinguishing marks. The department shall furnish the license plates free of charge. The department may issue regular license plates without any distinguishing marks for vehicles that are exempt from title 38, chapter 3, article 10 pursuant to section 38‑538.03, subsection B.

B. The director may issue license plates for vehicles owned by and used in the line of duty by law enforcement agencies in other states and the federal government without being registered as required by this chapter.

C. The director may enter into agreements or arrangements subject to the approval of the attorney general of this state with the federal government and with motor vehicle departments in other states to provide for a reciprocal exchange of license plates for use on vehicles owned or operated by law enforcement agencies for investigating actual or suspected violations of law. License plates of other states obtained pursuant to this subsection may be used on exempt vehicles of law enforcement agencies of this state or a political subdivision of this state.

D. The director shall maintain a record of the license plates issued pursuant to subsections B and C of this section. The director shall also keep a record of the license plates received pursuant to subsection C of this section, the regular license plates issued pursuant to subsection A of this section and the vehicles to which the plates are attached. These records are not open to public inspection except on demand of the attorney general.

E. Except as otherwise provided in this subsection, any vehicle that is registered pursuant to this section and that is exclusively powered by an alternative fuel shall display an alternative fuel vehicle special plate issued pursuant to section 28‑2416. , except that Except as otherwise provided in this subsection, any vehicle that is registered pursuant to this section and that is a low emission and energy efficient vehicle as defined in section 28‑601 shall display a low emission and energy efficient vehicle special plate issued pursuant to section 28‑2416.01. The department may issue regular license plates without any alternative fuel or low emission and energy efficient distinguishing marks or regular alternative fuel vehicle special plates or low emission and energy efficient vehicle special plates for vehicles that are exempt from title 38, chapter 3, article 10 pursuant to section 38‑538.03, subsection B. This subsection applies to all existing vehicles that are registered pursuant to this section and all newly‑acquired vehicles that are registered pursuant to this section.

F. For the purposes of this section:

1. "Alternative fuel" has the same meaning prescribed in section 1‑215.

2. "Ambulance" means a vehicle for which a certificate of registration has been issued pursuant to section 36‑2212.END_STATUTE

Sec. 27. Section 28-3152, Arizona Revised Statutes, is amended to read:

28-3152. Driver license; exemptions; limitation

A. Except as provided in subsection B, the following persons are exempt from licensing under this chapter:

1. Except for United States reserve technicians, any of the following while operating a commercial motor vehicle for military purposes:

(a) Active duty military personnel.

(b) Members of the United States military reserve forces.

(c) Members of the United States army national guard on active duty or the United States air national guard on active duty, including:

(i) Personnel on full-time national guard active duty.

(ii) Personnel on part-time national guard training.

(d) United States army national guard and United States air national guard military technicians who are civilians and who are required to wear military uniforms.

(e) Active duty United States coast guard personnel.

This paragraph does not apply to United States reserve technicians.

2. A person while driving or operating a farm tractor or implement of husbandry that is temporarily incidentally operated or moved on a highway.

3. A person who is a nonresident, who is at least sixteen years of age and who has in the person's immediate possession a valid driver license issued to the person in the person's home state or country while the person is operating a motor vehicle requiring a class D license.

4. A person who is a nonresident, who is at least eighteen years of age and who has in the person's immediate possession a valid commercial driver license or classified license that is issued to the person in the person's home state or country and that authorizes operation of a commercial motor vehicle while the person is operating a motor vehicle requiring a class A, B or C license in this state, except that the person must be licensed under this chapter before accepting employment from a resident of this state involving the operation of a motor vehicle requiring a class A, B or C license.

5. A person who is a nonresident, who is at least eighteen years of age and whose home state or country does not require the licensing of operators while the person operates a motor vehicle requiring a class D license for a period of not more than ninety days in a calendar year, if the motor vehicle that the person is operating is duly registered in the home state or country of the nonresident.

6. A person who has in the person's immediate possession a valid driver license issued to the person by another state or country while the person is operating a motor vehicle requiring a class D license, who is an employee, agent or consultant of an organization that operates in this state and at least one other state or country, who is principally domiciled or employed in another state or country and who is present in this state not more than ninety consecutive days.

B. A person who is a resident of a foreign country and who operates a commercial vehicle in this state shall obtain a commercial driver license of the proper class that is issued by this state or another state, if the foreign country does not grant reciprocal driver license privileges to operators of commercial vehicles who are residents of this state.

Sec. 28. Section 28-3312, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3312. Mandatory disqualification of commercial driver licenses; definition

A. The department shall disqualify a person required to have a commercial driver license or a commercial driver license holder from driving a commercial motor vehicle as follows:

1. Except as provided in subsection E of this section and except as otherwise provided in this subsection, for at least one year if a person:

(a) Refuses a test in violation of section 28‑1321.

(b) Is convicted of a first violation of any of the following:

(i) Driving a commercial motor vehicle under the influence of intoxicating liquor or a controlled substance or while having an alcohol concentration of 0.04 or more.

(ii) Leaving the scene of an accident involving a motor vehicle driven by the person.

(iii) Using a motor vehicle in the commission of a felony.

(iv) A violation of chapter 4, article 3 of this title while operating a noncommercial motor vehicle.

(v) Driving a commercial motor vehicle while, as a result of prior violations of this title committed while operating a commercial motor vehicle, the person's commercial driver license is revoked, suspended or canceled or the person is disqualified from operating a commercial motor vehicle.

(vi) Causing a fatality through the negligent operation of a commercial motor vehicle, including a conviction of manslaughter, homicide or negligent homicide resulting from operation of a motor vehicle.

2. For at least three years, if the person is convicted of any of the violations prescribed in paragraph 1 of this subsection and the violation occurred while the person was transporting a hazardous material in the quantity and under the circumstances that require placarding of the transport vehicle under the department's safety rules pursuant to chapter 14 of this title.

3. For the life of the person, if the person is convicted of two or more violations of any of the offenses prescribed in paragraph 1 of this subsection or of any combination of those offenses arising from two or more separate incidents. The department shall consider only offenses committed from and after December 31, 1989 in applying this paragraph.

4. Permanently if the person is convicted of using any motor vehicle in the commission of a felony involving the manufacture, distribution or dispensing of a controlled substance or possession with intent to manufacture, distribute or dispense a controlled substance.

5. For at least sixty consecutive days, if the person is convicted of two serious traffic violations committed in a motor vehicle arising from separate incidents occurring within a three year period from the date of the violation.

6. For at least one hundred twenty days served in addition to any other disqualification, if the person is convicted of a third or subsequent serious traffic violation committed in a motor vehicle arising from separate incidents occurring within a three year period from the date of the violation.

B. Except as provided in subsection C of this section, a person required to have a commercial driver license or a commercial driver license holder who is found responsible for violating an out‑of‑service order pursuant to section 28‑5241 is disqualified from driving a commercial motor vehicle as follows:

1. For a period of ninety one hundred eighty days if the person is found responsible for a first violation of an out‑of‑service order.

2. For a period of one year two years if the person is found responsible for a second violation of any out‑of‑service order during any ten year period arising from separate incidents.

3. For a period of three years if the person is found responsible for a third or subsequent violation of any out‑of‑service order during any ten year period arising from separate incidents.

C. A person required to have a commercial driver license or a commercial driver license holder who is found responsible for violating an out‑of‑service order pursuant to section 28‑5241 while transporting hazardous materials or while operating a commercial motor vehicle designed or used to transport sixteen or more passengers, including the driver, is disqualified from driving a commercial motor vehicle as follows:

1. For a period of one hundred eighty days if the person is found responsible for a first violation of an out‑of‑service order.

2. For a period of three years if the person is found responsible for a second or subsequent violation of any out‑of‑service order during any ten year period arising from separate incidents.

D. A person required to have a commercial driver license or a commercial driver license holder who is convicted of or found responsible for violating any federal, state or local railroad grade crossing law, ordinance or regulation is disqualified from driving a commercial motor vehicle as follows:

1. For a period of sixty days if a person is convicted of or found responsible for a first violation.

2. For a period of one hundred twenty days if a person is convicted of or found responsible for a second violation during any three year period.

3. For a period of one year if a person is convicted of or found responsible for a third or subsequent violation during any three year period.

E. If a federal agency determines that a commercial motor vehicle licensee is driving in a manner that constitutes an imminent hazard, the department, on receipt of notification by the federal government, shall disqualify the driver for a period not to exceed one year. The disqualification shall run concurrently with any other disqualification imposed on the driver. For the purposes of this subsection, "imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury or a substantial endangerment to health, property or the environment may occur before the reasonably foreseeable completion date of a formal proceeding to decrease the risk of death, illness, injury or endangerment.

F. The department shall keep records of findings of responsibility for a civil traffic violation and of conviction of any moving criminal traffic violation for a commercial driver licensee for violations in any type of motor vehicle and for a person required to have a commercial driver license if the violations arise from the operation of a commercial motor vehicle. The department shall make the records available to other states, the United States secretary of transportation, the driver and any motor carrier or prospective motor carrier or the motor carrier's designated agent within ten days after receiving notice a report of a conviction or finding of responsibility in this state or receipt of a notice report of a conviction or finding of responsibility or disqualification received from another state.

G. Disqualification for a serious traffic violation committed by a commercial driver license holder while operating a noncommercial motor vehicle applies only if the conviction results in the revocation, cancellation or suspension of the person's commercial driver license or noncommercial driver license.

H. The department may adopt rules establishing guidelines and conditions under which the department may reduce a disqualification for life pursuant to subsection A, paragraph 3 of this section to a disqualification of at least ten years. If a person's disqualification is reduced pursuant to rules adopted pursuant to this subsection and the person is subsequently convicted of a violation described in subsection A, paragraph 1 of this section, the person is permanently disqualified from driving a commercial vehicle and is not eligible to apply for a reduction of the disqualification pursuant to rules adopted pursuant to this subsection.

I. Except as provided in subsection E of this section, the beginning date of the disqualification shall be the date the department receives the report of conviction or finding of responsibility.

J. For the purposes of this section, "serious traffic violation" means a conviction or finding of responsibility for any of the following:

1. Excessive speeding involving a single offense for a speed of fifteen miles per hour or more above the posted speed limit.

2. Reckless driving as provided by section 28‑693.

3. Aggressive driving as provided by section 28‑695.

4. Racing as defined in section 28‑708.

5. Improper or erratic traffic lane changes as provided by section 28‑729.

6. Following the vehicle ahead too closely as provided by section 28‑730.

7. A violation of this title that is connected with a fatal traffic accident.

8. Driving a commercial motor vehicle if the person has not been issued a valid commercial driver license pursuant to this chapter.

9. Driving a commercial motor vehicle without a commercial driver license in the person's possession.

10. Driving a commercial motor vehicle without having a valid endorsement for the type of commercial motor vehicle or motor vehicle combination being operated. END_STATUTE

Sec. 29. Section 28-3392, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3392. Defensive driving school; eligibility

A. A court:

1. Shall allow an individual who is issued a citation for a civil traffic moving violation pursuant to chapter 3, articles 2, 3, 4 and 6 through 15 of this title or a local civil traffic ordinance relating to the same subject matter to attend a defensive driving school for the purposes provided in this article.

2. Except as prescribed in subsection C of this section, may allow an individual who is issued a citation for a violation of section 28‑701.02 to attend a defensive driving school.

B. A person who attends a defensive driving school pursuant to this article is not eligible to attend a defensive driving school again within twenty‑four months from the day of the last violation for which the person was authorized by this article to attend a defensive driving school.

C. Notwithstanding subsection A of this section:

1. An individual who commits a civil or criminal traffic violation resulting in death or serious physical injury is not eligible to attend a defensive driving school, except that the court may order the individual to attend a defensive driving school in addition to another sentence imposed by the court on an adjudication or admission of the traffic violation.

2. If a commercial driver license holder or a driver of a commercial motor vehicle that requires a commercial driver license is found guilty or responsible for a moving violation, the court may require the violator to attend defensive driving school as an element of sentence, but may not dismiss the conviction or finding of responsibility and shall report the conviction or finding of responsibility to the department as prescribed in section 28‑1559. A commercial driver license holder or a driver of a commercial motor vehicle that requires a commercial driver license is not eligible for the defensive driving diversion program. END_STATUTE

Sec. 30. Section 28-3511, Arizona Revised Statutes, is amended to read:

28-3511. Removal and immobilization or impoundment of vehicle

A. A peace officer shall cause the removal and either immobilization or impoundment of a vehicle if the peace officer determines that a person is driving the vehicle while either any of the following applies:

1. The person's driving privilege is suspended or revoked for any reason.

2. The person has not ever been issued a valid driver license or permit by this state and the person does not produce evidence of ever having a valid driver license or permit issued by another jurisdiction. This paragraph does not apply to the operation of an implement of husbandry.

3. The person is subject to an ignition interlock device requirement pursuant to chapter 4 of this title and the person is operating a vehicle without a functioning certified ignition interlock device. This paragraph does not apply to a person operating an employer's vehicle or the operation of a vehicle due to a substantial emergency as defined in section 28‑1464.

B. A peace officer shall cause the removal and impoundment of a vehicle if the peace officer determines that a person is driving the vehicle and if all of the following apply:

1. The person's driving privilege is canceled, suspended or revoked for any reason or the person has not ever been issued a driver license or permit by this state and the person does not produce evidence of ever having a driver license or permit issued by another jurisdiction.

2. The person is not in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.

3. The person is driving a vehicle that is involved in an accident that results in either property damage or injury to or death of another person.

C. Except as provided in subsection D of this section, while a peace officer has control of the vehicle the peace officer shall cause the removal and either immobilization or impoundment of the vehicle if the peace officer has probable cause to arrest the driver of the vehicle for a violation of section 4‑244, paragraph 33 or section 28‑1382 or 28‑1383.

D. A peace officer shall not cause the removal and either the immobilization or impoundment of a vehicle pursuant to subsection C of this section if all of the following apply:

1. The peace officer determines that the vehicle is currently registered and that the driver or the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.

2. The spouse of the driver is with the driver at the time of the arrest.

3. The peace officer has reasonable grounds to believe that the spouse of the driver:

(a) Has a valid driver license.

(b) Is not impaired by intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances.

4. The spouse notifies the peace officer that the spouse will drive the vehicle from the place of arrest to the driver's home or other place of safety.

5. The spouse drives the vehicle as prescribed by paragraph 4 of this subsection.

E. Except as otherwise provided in this article, a vehicle that is removed and either immobilized or impounded pursuant to subsection A, B or C of this section shall be immobilized or impounded for thirty days. An insurance company does not have a duty to pay any benefits for charges or fees for immobilization or impoundment.

F. The owner of a vehicle that is removed and either immobilized or impounded pursuant to subsection A, B or C of this section, the spouse of the owner and each person identified on the department's record with an interest in the vehicle shall be provided with an opportunity for an immobilization or poststorage hearing pursuant to section 28‑3514.

Sec. 31. Section 28-4541, Arizona Revised Statutes, is amended to read:

START_STATUTE28-4541. Continuation date; delinquent fee due from manufacturer; penalty

A. In order to distribute the continuation workload as uniformly as practicable throughout the twelve months of the calendar year, the director may provide for staggered continuation dates for the right to use a manufacturer license plate. In order to initiate a staggered continuation system, the director may initially provide or continue the right for more or less than a twelve month period, but not more than eighteen months, and may prorate the fees.

B. If a manufacturer fails, neglects or refuses to file an application for renewal and pay the required fee for the ensuing year on or before midnight of December 1 of each year on the continuation date, the fee is delinquent, and the department shall charge and collect a penalty equal to the fee if the manufacturer files an application for renewal after December 1 the continuation date. END_STATUTE

Sec. 32. Section 28-5001, Arizona Revised Statutes, is amended to read:

START_STATUTE28-5001. Definition of title service company

In this chapter, unless the context otherwise requires, "title service company" means a person, other than a licensed motor vehicle dealer, who for a fee issues temporary registration plates or prepares and or submits to the director applications for registration of, and certificates of title to, motor vehicles and may prepare or submit to the director fuel tax reports on behalf of licensed motor carriers. END_STATUTE

Sec. 33. Section 28-5241, Arizona Revised Statutes, is amended to read:

START_STATUTE28-5241. Out‑of‑service orders; violation; civil penalty; definition

A. A motor carrier shall not require or permit a driver:

1. To operate a commercial motor vehicle that is subject to an out‑of‑service order until all repairs required by the out‑of‑service order have been satisfactorily completed.

2. Who is subject to an out‑of‑service order to operate a commercial motor vehicle until the reason for the out‑of‑service order has been remedied.

B. A driver:

1. Shall not operate a commercial motor vehicle that is subject to an out‑of‑service order until all repairs required by the out‑of‑service order have been satisfactorily completed.

2. Who is subject to an out‑of‑service order shall not operate a commercial motor vehicle until the reason for the out‑of‑service order has been remedied.

C. Notwithstanding section 28‑5240, a violation of this section is a civil traffic violation.

D. The court shall impose:

1. On a driver who violates or fails to comply with an out-of-service order a civil penalty of:

(a) At least one two thousand one five hundred dollars and not more than two thousand seven hundred fifty dollars on a driver who violates or fails to comply with an out‑of‑service order for an initial violation or failure.

(b) Five thousand dollars for a subsequent violation or failure.

2. A civil penalty of at least two thousand seven hundred fifty dollars and not more than eleven twenty-five thousand dollars on a motor carrier who violates an out‑of‑service order or who requires or permits a driver to violate or fail to comply with an out‑of‑service order.

E. In addition to other penalties prescribed by this chapter, if a motor carrier or driver is found responsible for a violation of this section, the motor carrier or driver is subject to disqualification pursuant to section 28‑3312.

F. For the purposes of this section, "out‑of‑service order" means a declaration by a specialty officer of the department or a law enforcement officer authorized pursuant to section 28‑5204 that a driver, motor vehicle or motor carrier is out of service pursuant to this chapter.END_STATUTE

Sec. 34. Section 28-5432, Arizona Revised Statutes, is amended to read:

START_STATUTE28-5432. Gross weight fees; application; exceptions

A. This article applies to all of the following:

1. A trailer or semitrailer with a gross weight of ten thousand pounds or less and that is used in the furtherance of a commercial enterprise.

2. A motor vehicle or vehicle combination if the motor vehicle or vehicle combination is designed, used or maintained primarily for the transportation of passengers for compensation or for the transportation of property.

3. A hearse, an ambulance or any other vehicle that is used by a mortician in the conduct of the mortician's business.

4. A commercial motor vehicle as defined in section 28-5201.

B. This article does not apply to:

1. A vehicle commonly referred to as a station wagon or to a vehicle commonly known as and referred to by the manufacturer's rating as a three‑quarter ton or less pickup truck or three‑quarter ton or less van unless such a vehicle is maintained and operated more than one thousand hours in a vehicle registration year for the transportation of passengers or property in the furtherance of a commercial enterprise. An applicant requesting title or registration of a motor vehicle in the name of a commercial enterprise shall pay the fees imposed by this article unless the applicant certifies on the application that the vehicle will not be maintained and operated in the furtherance of a commercial enterprise.

2. A trailer or semitrailer with a declared gross weight of less than six ten thousand pounds or less, if the trailer or semitrailer is not used in the furtherance of a commercial enterprise and the applicant certifies on the application that the vehicle will not be maintained and operated in the furtherance of a commercial enterprise.

C. The following motor vehicles, trailers and semitrailers are exempt from the gross weight fee prescribed in section 28‑5433:

1. A motor vehicle, trailer or semitrailer that is owned and operated by a religious institution and that is used exclusively for the transportation of property produced and distributed for charitable purposes without compensation. For the purposes of this paragraph, "religious institution" means a recognized organization that has an established place of meeting for religious worship and that holds regular meetings for that purpose at least once each week in at least five cities or towns in this state.

2. A motor vehicle, trailer or semitrailer that is owned and operated by a nonprofit school that is recognized as being tax exempt by the federal or state government if the motor vehicle, trailer or semitrailer is used exclusively for any of the following:

(a) The transportation of pupils in connection with the school curriculum.

(b) The training of pupils.

3. A motor vehicle, trailer or semitrailer that is owned by a nonprofit organization in this state that presents to the department a form approved by the director of the division of emergency management pursuant to section 26‑318.

4. A vehicle that is owned and operated only for government purposes by a foreign government, a consul or any other official representative of a foreign government, by the United States, by a state or political subdivision of a state or by an Indian tribal government.

5. A motor vehicle that is privately owned and operated exclusively as a school bus pursuant to a contract with a school district. If a privately owned and operated school bus is temporarily operated for purposes other than those prescribed in the definition of school bus in section 28‑101, the registering officer shall assess and collect a monthly gross weight fee equal to one‑tenth of the annual gross weight fee prescribed by section 28‑5433 for each calendar month that the motor vehicle is so operated in this state. The registering officer shall not apportion the gross weight fee for a fraction of a calendar month. END_STATUTE

Sec. 35. Section 28-5736, Arizona Revised Statutes, is amended to read:

START_STATUTE28-5736. Bond requirement

A. The director may require a surety bond if an interstate user does not file tax reports or remit taxes or if the director determines that the interests of this state or of member jurisdictions of the international fuel tax agreement are in jeopardy or applicant to post a surety or cash bond if one or more of the following apply:

1. The interstate user fails to file tax reports timely or to remit taxes timely.

2. The director determines that the interests of this state or member jurisdictions are in jeopardy.

3. The applicant is not based in a jurisdiction that is a member of the international fuel tax agreement.

4. The applicant does not have a good standing status from another member jurisdiction as a result of a previous license.

5. The applicant does not have history as a motor carrier in this state or any other member jurisdiction.

B. If required, the surety or cash bond:

1. Shall indicate that the interstate user is the principal obligor and the state is the obligee.

2. Shall be conditioned on the interstate user faithfully complying with this article and the prompt filing of true reports and payment by the interstate user of all use fuel taxes and fees due or accrued under this article, together with all penalties and interest on the taxes and fees.

3. Shall not be more than two times the quarterly tax liability of the interstate user as determined by the director be in an amount that is prescribed by the director and that does not exceed one hundred thousand dollars. END_STATUTE

Sec. 36. Section 28-5801, Arizona Revised Statutes, is amended to read:

START_STATUTE28-5801. Vehicle license tax rate

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 and D 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 one hundred dollars in value, the value of the vehicle is sixty per cent 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 one dollar twenty‑six cents.

(b) The rate for the county general fund is sixty‑nine cents.

(d) The rate for incorporated cities and towns is sixty‑nine cents.

2. During each succeeding twelve month period, the vehicle license tax is based on each one hundred dollars in value, the value of the vehicle is 16.25 per cent 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 one dollar thirty cents.

(b) The rate for the county general fund is seventy‑one cents.

(d) The rate for incorporated cities and towns is seventy‑one cents.

3. The minimum amount of the vehicle license tax computed under this section is ten dollars 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 ten dollars, the vehicle license tax is ten dollars. 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 less than six ten thousand pounds or less gross vehicle weight:

1. On initial registration, a one‑time vehicle license tax of one hundred five dollars.

2. On renewal of registration, a one‑time vehicle license tax of seventy dollars.

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 gross vehicle weight:

1. On initial registration, a one‑time vehicle license tax of five hundred fifty‑five dollars.

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

(a) If the trailer’s or semitrailer’s model year is less than six years old, three hundred fifty‑five dollars.

(b) If the trailer’s or semitrailer’s model year is at least six years old, one hundred dollars.

E. The vehicle license tax collected pursuant to subsection C or D 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.

F. For the purposes of subsection C and d of this section, "travel trailer" has the same meaning prescribed in section 28‑2003.

Sec. 37. Section 28-6501, Arizona Revised Statutes, is amended to read:

START_STATUTE28-6501. Definition of highway user revenues

In this article, unless the context otherwise requires or except as otherwise provided by statute, "highway user revenues" means all monies received in this state from licenses, taxes, penalties, interest and fees authorized by the following:

1. Chapters 2, 7, 8 and 15 of this title, except for:

(a) The special plate administration fees prescribed in sections 28‑2404, 28‑2412 through 28‑2432 28‑2434 and 28‑2514.

(b) The donations prescribed in sections 28‑2404, 28‑2412 through 28‑2415, 28‑2417 through 28‑2432 28‑2434, 28‑2453, 28‑2454 and 28‑2455.

2. Section 28-1177.

3. Chapters 10 and 11 of this title.

4. Chapter 16, articles 1, 2 and 4 of this title, except as provided in sections 28‑5926 and 28‑5927. END_STATUTE

Sec. 38. Section 28-6991, Arizona Revised Statutes, is amended to read:

START_STATUTE28-6991. 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.

(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 28‑2432 28‑2434 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. Donations deposited pursuant to section 28-2430.

20. Monies deposited pursuant to section 28-7311.

21. Monies deposited pursuant to section 28-7059. END_STATUTE

Sec. 39. Section 28-6993, Arizona Revised Statutes, is amended to read:

START_STATUTE28-6993. State highway fund; authorized uses

A. Except as provided in subsection B of this section and section 28‑6538, the state highway fund shall be used for any of the following purposes in strict conformity with and subject to the budget as provided by this section and by sections 28‑6997 through 28‑7003:

1. To pay salaries, wages, necessary travel expenses and other expenses of officers and employees of the department and the incidental office expenses, including telegraph, telephone, postal and express charges and printing, stationery and advertising expenses.

2. To pay for both:

(a) Equipment, supplies, machines, tools, department offices and laboratories established by the department.

(b) The construction and repair of buildings or yards of the department.

3. To pay the cost of both:

(a) Engineering, construction, improvement and maintenance of state highways and parts of highways forming state routes.

(b) Highways under cooperative agreements with the United States that are entered into pursuant to this chapter and an act of Congress providing for the construction of rural post roads.

4. To pay land damages incurred by reason of establishing, opening, altering, relocating, widening or abandoning portions of a state route or state highway.

5. To reimburse the department revolving account.

6. To pay premiums on authorized indemnity bonds and on compensation insurance under the workers' compensation act.

7. To defray lawful expenses and costs required to administer and carry out the intent, purposes and provisions of this title, including repayment of obligations entered into pursuant to this title, payment of interest on obligations entered into pursuant to this title, repayment of loans and other financial assistance, including repayment of advances and interest on advances made to the department pursuant to section 28‑7677, and payment of all other obligations and expenses of the board and department pursuant to chapter 21 of this title.

8. To pay lawful bills and charges incurred by the state engineer.

9. To acquire, construct or improve entry roads to state parks or roads within state parks.

10. To acquire, construct or improve entry roads to state prisons.

11. To pay the cost of relocating a utility facility pursuant to section 28‑7156.

12. For the purposes provided in subsections C, D and E of this section and sections 28‑1143, 28‑2353 and 28‑3003.

B. For each fiscal year, the department of transportation shall allocate and transfer monies in the state highway fund to the department of public safety for funding a portion of highway patrol costs in eight installments in each of the first eight months of a fiscal year that do not exceed ten million dollars.

C. Subject to legislative appropriation, the department may use the monies in the state highway fund as prescribed in section 28‑6991, paragraph 12 to carry out the duties imposed by this title for registration or titling of vehicles, to operate joint title, registration and driver licensing offices, to cover the administrative costs of issuing the air quality compliance sticker, modifying the year validating tab and issuing the windshield sticker and to cover expenses and costs in issuing special plates pursuant to sections 28‑2404, 28‑2412 through 28‑2432 28‑2434 and 28‑2514.

D. The department shall use monies deposited in the state highway fund pursuant to chapter 5, article 5 of this title only as prescribed by that article.

E. Monies deposited in the state highway fund pursuant to section 28‑2269 shall be used only as prescribed by that section.

F. Monies deposited in the state highway fund pursuant to section 28‑710, subsection D, paragraph 2 shall only be used for state highway work zone traffic control devices.

G. The department may exchange monies distributed to the state highway fund pursuant to section 28‑6538, subsection A, paragraph 1 for local government surface transportation program federal monies suballocated to councils of government and metropolitan planning organizations if the local government scheduled to receive the federal monies concurs. An exchange of state highway fund monies pursuant to this subsection shall be in an amount that is at least equal to ninety per cent of the federal obligation authority that exists in the project for which the exchange is proposed. END_STATUTE

Sec. 40. Repeal

Section 28-6994, Arizona Revised Statutes, is repealed.

Sec. 41. Section 28-7045, Arizona Revised Statutes, is amended to read:

START_STATUTE28-7045. Director; state highway and route use; rules

The director shall:

1. Adopt rules for closing state highways under construction or repair.

2. exercise complete and exclusive operational control and jurisdiction over the use of state highways and routes and adopt rules regarding the use as the director deems necessary to prevent the abuse and unauthorized use of these highways and routes. END_STATUTE

Sec. 42. Section 28-7058, Arizona Revised Statutes, is amended to read:

START_STATUTE28-7058. Privatization of rest areas; state certified rest area program; rules; program termination; definitions

A. The department may:

1. Privatize any rest area constructed on or adjacent to state highways in this state on or after the effective date of this section September 26, 2008. Any agreement between the department and a person for privatization under this section shall include a provision that:

1. (a) Prohibits the person from charging any fees for the use of a lavatory.

2. (b) Requires the person to provide an adequate outdoor picnic area to be available to the public at no charge.

2. Establish a state certified rest area program that meets the requirements established by the federal highway administration pursuant to Public Law 109‑59, section 1310.

3. Contract with a third party or other government entity to certify and recertify rest areas for the state certified rest area program.

B. The department shall adopt rules to implement and operate the state certified rest area program.

C. The state certified rest area program established pursuant to this section ends on July 1, 2019 pursuant to section 41-3102.

D. For the purposes of this section:

1. "Population" means the population determined in the most recent United States decennial census or in the most recent special census as provided in section 28‑6532.

2. "State certified rest area" means a privately owned facility that is both of the following:

(a) Certified by this state or a third party to meet the requirements established by the federal highway administration pursuant to Public Law 109‑59, section 1310 and at a minimum offers all of the following:

(i) Fuel and food to the public.

(ii) Twenty‑four hour access to restrooms.

(iii) Parking for automobiles and heavy trucks.

(b) Located outside of the public right‑of‑way and outside of an urbanized area with a population of one hundred thousand or more persons.

3. "Urbanized area" means an urbanized area as defined in the decennial census by the United States bureau of the census.END_STATUTE

Sec. 43. Title 28, chapter 20, article 5, Arizona Revised Statutes, is amended by adding section 28-7059, to read:

START_STATUTE28-7059. Rest area sponsorship sign program; rules; revenue sharing agreement; program termination

A. The department may establish a rest area sponsorship sign program. Notwithstanding sections 28‑648, 28‑7048 and 28‑7053, the department may contract with a third party to install, maintain and replace rest area sponsorship signs at rest areas located in the public right‑of‑way of the INTERSTATE or state highway system. The third party shall agree in the contract to lease sponsor recognition space and to furnish, INSTALL, maintain and replace signs for the benefit of business or organizational sponsors.

B. The department shall adopt rules to implement and operate the rest area sponsorship sign program. Costs incurred under the program SHALL be paid under agreements negotiated between the third party and the business or ORGANIZATIONAL sponsors.

C. 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, all monies received from the revenue sharing agreement in a subaccount of the state highway fund for the purpose of rest area maintenance, operations and repairs.

D. The rest area sponsorship sign program established pursuant to this section ends on July 1, 2019 pursuant to section 41-3102.END_STATUTE

Sec. 44. Section 28-8202, Arizona Revised Statutes, is amended to read:

START_STATUTE28-8202. State aviation fund; report

A. A state aviation fund is established consisting of the following:

1. Aviation fuel taxes or motor vehicle fuel taxes deposited by the department.

2. Monies deposited by the department as a result of the sale of an abandoned aircraft as defined in section 28‑8243 or seized aircraft.

3. The amount of flight property tax that the department of revenue has deposited pursuant to section 42‑14255.

4. Registration fees, license taxes and penalties collected pursuant to article 4 of this chapter.

5. Monies received by the department from the operation of airports under this article and articles 2 through 5 of this chapter.

B. On notice from the department, the state treasurer shall invest and divest monies in the state aviation fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund.

C. The department shall administer monies that are appropriated by the legislature from the state aviation fund.

D. The board shall distribute monies appropriated to the department from the state aviation fund for planning, design, development, acquisition of interests in land, construction and improvement of publicly owned and operated airport facilities in counties and incorporated cities and towns. The board shall distribute these monies according to the needs for these facilities as determined by the board. No more than ten per cent of the total aviation average annual revenue that the fund received for the past three years may be awarded to any one airport in grants in any fiscal year. For the purposes of this subsection, "publicly owned and operated airport facility" means an airport and appurtenant facilities in which one or more agencies, departments or instrumentalities of this state or a city, town or county of this state holds an interest in the land on which the airport is located that is clear of any reversionary interest, lien, easement, lease or other encumbrance that might preclude or interfere with the possession, use or control of the land for public airport purposes for a minimum period of twenty years. START_STATUTE

Sec. 45. Section 41-608, Arizona Revised Statutes, is amended to read:

START_STATUTE41-608. Veterans' donations fund

A. The veterans' donations fund is established consisting of monies, gifts and contributions donated to the department and monies deposited pursuant to sections 28‑2414, 28-2428, 28-2431, 28‑2453, 28‑2454, 28‑2455 and 43‑620. The department shall administer the fund. Monies in the fund are continuously appropriated. The monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.

B. The director or the director's designee may solicit and receive donations, including in‑kind donations, from the public for veterans. The director shall deposit, pursuant to sections 35‑146 and 35‑147, the monetary donations in the veterans' donations fund. Monies in the fund are subject to state auditing procedures. Except for monies deposited pursuant to section 28‑2431, the donations may be used for the benefit of the veterans within the state of Arizona at the discretion of the director.

C. The director shall establish a separate subaccount in the veterans' donations fund for the deposit of monies received pursuant to section 28‑2431, subsection C. The monies in the subaccount shall be used at the director's discretion for the benefit of any immediate family member of a person who died while on active duty in the United States military for the construction and maintenance of the enduring freedom memorial authorized pursuant to section 41-1363 for placement in Wesley Bolin Plaza.

D. The director shall inventory and account for the use of any tangible personal property donated to the fund.

E. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund.

Section 46. Section 41-1722, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1722. State photo enforcement system; penalties; fund

A. Notwithstanding any other law, the department shall enter into a contract or contracts with a private vendor or vendors pursuant to chapter 23 of this title to establish a state photo enforcement system consisting of cameras placed throughout this state as determined by the director to enforce the provisions of title 28, chapter 3, articles 3 and 6 relating to vehicle traffic and speed.

B. Notwithstanding any other law, the civil penalty or fine for a citation or a notice of violation issued pursuant to this section is one hundred sixty-five dollars and is not subject to any surcharge except the surcharge imposed by section 16‑954. State photo enforcement citations shall not be included in judicial productivity credit calculations for fiscal year 2008‑2009.

C. The photo enforcement fund is established consisting of monies received from citations or notices of violation issued pursuant to this section. The director shall administer the fund. Monies in the fund are subject to legislative appropriation and are appropriated to the department for administrative and personnel costs of the state photo enforcement system. Monies remaining in the fund in excess of two hundred fifty thousand dollars at the end of each calendar quarter shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

D. Notwithstanding any other law, if a person is found responsible for a civil traffic violation or a notice of violation pursuant to a citation issued pursuant to this section, the department of transportation shall not consider the violation for the purpose of determining whether the person's driver license should be suspended or revoked. A court shall not only transmit abstracts of records of these violations to the department of transportation for commercial driver license holders."

Amend title to conform

Forty-ninth Legislature

First Regular Session

1320ab*

06/17/2009

06:58 PM

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0000 cdl

06/19/2009

10:30 AM

C: mu