Senate Engrossed

 

 

 

State of Arizona

Senate

Forty-ninth Legislature

Second Regular Session

2010

 

 

SENATE BILL 1179

 

 

 

AN ACT

 

amending sections 28‑2430 and 28‑6991, Arizona Revised Statutes; relating to special plates.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



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

Section 1.  Section 28-2430, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2430.  In God we trust special plates; fund

A.  If an entity receives thirty-two thousand dollars through donations for the issuance of the in God we trust special plate and incorporated nonprofit corporation gives the department the thirty-two thousand dollars, the department shall issue the in God we trust special plates.  The entity that provides the thirty-two thousand dollars shall design the in God we trust special plates.  The design and color of the in God we trust special plates are subject to the approval of the department.  The director may allow a request for in God we trust special plates to be combined with a request for personalized special plates.  If the director allows such a combination, the request shall be in a form prescribed by the director and is subject to the fees for the personalized special plates in addition to the fees required for the in God we trust 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 and all donations collected pursuant to this section in the state highway fund established by section 28‑6991 and shall distribute all donations collected pursuant to this section in the in god we trust special plate fund established by subsection D of this section.

D.  The in god we trust 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 provides the thirty‑two thousand dollars to the department pursuant to subsection A of this section.  Monies in the fund are continuously appropriated.  The director shall annually allocate monies from the fund, excluding administrative fees, to an organization that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes and that promotes the national motto "in god we trust", first amendment rights and the heritage of this state and nation.

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.  Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. END_STATUTE

Sec. 2.  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.

(c)  Two dollars of each late registration penalty collected by the director pursuant to section 28‑2162.

(d)  The air quality compliance fee collected pursuant to section 49‑542.

(e)  The special plate administration fees collected pursuant to sections 28-2404, 28‑2412 through 28‑2416, 28‑2416.01, 28‑2417 through 28‑2434 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.  19.  Monies deposited pursuant to section 28-7311.

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