Bill
Number: H.B. 2416
Worsley
Floor Amendment
Reference
to: APPROP amendment
Amendment
drafted by: Liisa Laikko
FLOOR
AMENDMENT EXPLANATION
1. Strikes the
requirement that DPS adjust department contractual agreements to conform to
base rates that are set by the Director and to reflect the results from the
department rate surveys.
2. Deletes the
requirements for DPS to conduct an initial rate survey and a survey of existing
rates in even numbered years.
3. Requires the Director
of DPS to consult with a statewide towing industry association and providers of
towing services from each geographical towing area to review information
including contract rates and the current industry retail rates each even
numbered year. Allows DPS, prior to the expiration of an existing contract, to
adjust the towing service fees to reflect the information received or any other
relevant information.
4. Requires
the Director to adopt guidelines to protect consumers against being overcharged
for towing services. These guidelines must include provisions specifying a larger class of
tow vehicle used for lighter tows must be billed at the lighter duty towing
service rates.
5. Removes the
specific requirements the rules adopted by the Director
of DPS to protect consumers against being overcharged for towing services must
include.
6. Requires, as statute,
DPS to establish a heavy duty rotator recovery vehicle classification for
towing services. The rules must include rates and general guidelines for
the use of heavy duty rotator recovery vehicles and must define a "heavy
duty rotator recovery vehicle."
7. Repeals the statutory
definition and requirements for the heavy duty rotator recovery vehicle
classification on the date that DPS adopts rules related to heavy duty rotator
recovery vehicle classification.
8. Makes technical
changes and conforming changes.
Page 10, line 27, strike “RULES” insert
“guidelines”
Line 28, after the period strike remainder of line
Strike 29 through 37
Page 11, strike lines 1 through 6
Line 7 strike “(c)” insert “the guidelines shall specify that”
Strike lines 9 and 10
Page 12, line 12, strike the first comma, insert “and”, strike
"and 41-1830.54"
Strike lines 13 through 19
Line 20, strike “41-1830.53” insert “41-1830.52”
Line 22, before the first “THE” insert “A.”
Strike line 25 through 29, insert:
“B. THE DIRECTOR SHALL
CONSULT every even-numbered year WITH A”
Line 30, after “SERVICES” insert “FROM EACH GEOGRAPHICAL TOWING AREA, TO REVIEW information,
including CONTRACT RATES and THE CURRENT INDUSTRY retail rates”
Line 31, strike “THE DATA CATEGORIES”
Strike line 32 and 33
Line 34, strike “DATA CATEGORY FROM THE PREVIOUS SURVEY
CONDUCTED AND SHALL” insert:
“C. PRIOR TO THE
EXPIRATION OF AN EXISTING CONTRACT THE DEPARTMENT MAY”
Line 35, after “REFLECT” strike the remainder of the line
Strike line 36, insert “INFORMATION
RECEIVED PURSUANT TO SUBSECTION B OF THIS SECTION OR ANY OTHER RELEVANT
INFORMATION.
41-1830.53. Heavy duty rotator recovery vehicle classification; rates and guidelines; definition
A. THE DEPARTMENT SHALL
ESTABLISH A HEAVY DUTY ROTATOR RECOVERY VEHICLE CLASSIFICATION FOR TOWING SERVICES
AND ESTABLISH RATES AND GENERAL GUIDELINES FOR THE USE OF HEAVY DUTY ROTATOR
RECOVERY VEHICLES.
B. FOR THE PURPOSES OF
THIS SECTION, "HEAVY DUTY ROTATOR RECOVERY VEHICLE" MEANS A TOW
VEHICLE THAT HAS ALL OF THE FOLLOWING:
1. A MANUFACTURER'S
GROSS VEHICLE WEIGHT RATING IN EXCESS OF FIFTY-TWO THOUSAND POUNDS.
2. A BOOM THAT IS
CAPABLE OF MOVING ITS POSITION TO THE SIDE OF THE VEHICLE TO PERFORM RECOVERIES
AND THAT HAS A BOOM RATING OF AT LEAST FORTY TONS.
3. AIR BRAKES THAT ARE
CAPABLE OF PROVIDING AIR TO THE TOWED VEHICLE'S BRAKES."
Page 13, strike line 14 through 24
Renumber to conform
Line 26, after "A." insert "Section 41-1830.53,
Arizona Revised Statutes, and"; strike "is" insert
"are"
Page 14, strike lines 3 through 26
Amend title to conform