FREE CONFERENCE COMMITTEE AMENDMENTS TO S.B. 1507
(Reference to House engrossed Senate bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Section 28-305, Arizona Revised Statutes, is amended to read:
28-305. Powers and duties of the board; rules
The board shall 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. 1. Designating or establishing scenic or historic highways.
7. 2. Prohibiting bid rigging.
Sec. 2. Title 28, chapter 2, article 2, Arizona Revised Statutes, is amended by adding section 28-337, to read:
28-337. 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 shall be considered 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.
Sec. 3. Section 28-367, Arizona Revised Statutes, is amended to read:
28-367. 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.
Sec. 4. Section 28-601, Arizona Revised Statutes, as amended by Laws 2008, chapter 147, section 1, is amended to read:
28-601. 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. 25. "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. 26. "Stop", if required, means complete cessation from movement.
26. 27. "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. 28. "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. 29. "Traffic" means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using a highway for purposes of travel.
29. 30. "Traffic control signal" means a device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.
30. 31. "Truck" means a motor vehicle that is designed, used or maintained primarily for the transportation of property.
Sec. 5. Section 28-641, Arizona Revised Statutes, is amended to read:
28-641. 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.
Sec. 6. Section 28-642, Arizona Revised Statutes, is amended to read:
28-642. 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.
Sec. 7. Section 28-737, Arizona Revised Statutes, is amended to read:
28-737. High occupancy vehicle lanes; civil penalty; definition
A. Except as provided in section sections 28‑2416 and 28‑2416.01 and subsections B, C, 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 low emission and energy efficient vehicles achieving 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 low emission and energy efficient vehicle with low emission and energy efficient vehicle special plates issued pursuant to section 28‑2416 28‑2416.01 in high occupancy vehicle lanes at any time, regardless of occupancy level, without penalty.
C. 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. A person may drive a motorcycle in a high occupancy vehicle lane at any time regardless of the number of passengers, without penalty.
E. 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. A person who violates subsection A of this section is subject to a civil penalty of two hundred dollars.
G. Notwithstanding section 28‑1554, one hundred dollars of each civil penalty collected pursuant to subsection F of this section shall be deposited in the state general fund.
H. 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.
Sec. 8. Section 28-876, Arizona Revised Statutes, is amended to read:
28-876. 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.
Sec. 9. Section 28-900, Arizona Revised Statutes, is amended to read:
28-900. School bus rules
A. The department of administration in consultation with the department of public safety and with the school bus advisory council established by section 28‑3053 shall adopt rules as necessary to improve the safety and welfare of school bus passengers by minimizing the probability of accidents involving school buses and school bus passengers and by minimizing the risk of serious bodily injury to school bus passengers in the event of an accident.
B. The rules may include:
1. Minimum standards for the design and equipment of school buses.
2. Minimum standards for the periodic inspection and maintenance of school buses.
3. Procedures for the operation of school buses.
4. Other criteria as deemed by the department of administration, the department of public safety and the school bus advisory council to be necessary and appropriate to ensure the safe operation of school buses.
C. The rules shall provide: ,
1. If applicable, minimum standards equal to or more restrictive than those adopted by the United States department of transportation in accordance with 23 United States Code and rules adopted pursuant to 23 United States Code.
2. That fifty per cent of all registered school buses in this state and a minimum of twenty-five per cent of registered school buses in each school district be inspected by the department of public safety.
D. Notwithstanding a rule adopted by the department of administration with respect to exterior color of a school bus, in order to reduce the interior temperature of a school bus, the exterior top of a school bus may be painted white, but the white area shall not extend beyond the center clearance lights, front and rear, and shall not extend below a line five inches above the top of the side windows.
E. An officer or employee of any school district who violates any of the rules or who fails to include the obligation to comply with the rules in any contract executed by the officer or employee on behalf of a school district is guilty of misconduct and is subject to removal from office or employment. Any person who operates a school bus under contract with a school district and who fails to comply with any of the rules is in breach of contract, and the school district shall cancel the contract after notice and a hearing by the responsible officers of the school district.
F. The department of public safety shall enforce the rules adopted pursuant to this section.
Sec. 10. Repeal
Section 28-952.01, Arizona Revised Statutes, is repealed.
Sec. 11. Section 28-984, Arizona Revised Statutes, is amended to read:
28-984. School bus inspection; rules
A. At least annually:
1. Each school bus registered in this state shall be inspected by the department of public safety according to rules adopted pursuant to section 28-900.
2. An official certificate of inspection and approval shall be obtained from the department of public safety for each school bus registered in this state.
B. The inspections shall be made and the certificates shall be obtained as prescribed by law and by rules adopted by the director in conjunction with the state board of education as provided in pursuant to section 28‑900.
C. Inspection of a school bus shall be made when the bus is initially registered in this state. The superintendent of the school district shall have all school buses that are registered by the district inspected pursuant to this section. If a school bus is privately owned, the owner of the school bus shall have the bus inspected pursuant to this section.
D. The department of public safety shall enforce this section.
Sec. 12. Repeal
Title 28, chapter 6, article 1, Arizona Revised Statutes, is repealed.
Sec. 13. Section 28-2351, Arizona Revised Statutes, as amended by Laws 2008, chapter 93, section 1, is amended to read:
28-2351. 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 28-2430, 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.
Sec. 14. Section 28-2403, Arizona Revised Statutes, as amended by Laws 2008, chapter 93, section 2, is amended to read:
28-2403. 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 28-2430, 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.
Sec. 15. Section 28-2405, Arizona Revised Statutes, as amended by Laws 2008, chapter 93, section 3, is amended to read:
28-2405. 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 28-2430, 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.
Sec. 16. Section 28-2416, Arizona Revised Statutes, is amended to read:
28-2416. Alternative fuel vehicle special plates; stickers; use of high occupancy vehicle lanes; civil penalty; 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 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 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.
Sec. 17. Title 28, chapter 7, article 12, Arizona Revised Statutes, is amended by adding section 28-2416.01, to read:
28-2416.01. 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 allowing the use of high occupancy vehicle lanes by low emission and energy efficient vehicles as defined in section 28-601, a person who owns a motor vehicle that is a low emission and energy efficient vehicle 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, 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. 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.
F. 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 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.
Sec. 18. Section 28-2511, Arizona Revised Statutes, is amended to read:
28-2511. 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 powered exclusively 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.
Sec. 19. Repeal
Section 28-5201, Arizona Revised Statutes, as amended by Laws 2008, chapter 142, section 9, is repealed.
Sec. 20. Repeal
Section 28-5204, Arizona Revised Statutes, as amended by Laws 2008, chapter 142, section 10, is repealed.
Sec. 21. Section 28-6991, Arizona Revised Statutes, as amended by Laws 2008, chapter 93, section 6, is amended to read:
28-6991. 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 28‑2430 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. Donations deposited pursuant to section 28-2430.
Sec. 22. Repeal
Section 28-6994, Arizona Revised Statutes, is repealed.
Sec. 23. Section 28-7045, Arizona Revised Statutes, is amended to read:
28-7045. Director; rules; state highway and route use
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."
Renumber to conform
Page 1, strike lines 38 through 41
Amend title to conform