Page 1,
strike lines 1 through 3, insert:
"Page
13, line 19, strike "; fund"
Line 23,
after the comma insert "the transactional value of the
vehicle does not exceed twelve hundred dollars,"; strike "ten" insert "twelve"
Line 34, after
"shall" insert "do all of
the following:
1. Take
a picture at the time of the transaction of all of the following:
(a) The
seller.
(b) The
vehicle.
(c) The
vehicle's vehicle identification number or federal identification sticker.
2. Pay
for the vehicle with a check and not with cash.
3."; after "that" insert "contains all of the
information required by subsection C of this section, that"
Line 36,
after the period insert:
"C."
Reletter to
conform
Line 37,
after "statement" insert "prescribed
by subsection B of this section""
Line 13,
strike "H" insert "I"
Between
lines 21 and 22, insert:
"Line
33, strike "H" insert "I""
Line 24,
after "form" insert "or
maintain an electronic record"
Page
2, line 3, after the first "must" insert "electronically"; after "form"
insert "or electronic record"
Line
7, strike "H" insert "I"
Between
lines 8 and 9, insert:
"Page
16, line 5, after "the" strike remainder of
line
Strike line
6, insert "state highway fund established by section 28‑6991."
Line 8,
after the first "the" strike remainder of line
Strike lines
9 through 14, insert "automobile theft authority fund
established by section 41‑3451."
Reletter to
conform
Page 21,
after line 40, insert:
"Sec.
7. Section 28-6991, Arizona Revised Statutes, is amended to read:
START_STATUTE28-6991. State
highway fund; sources
A The 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,
28‑2407, 28‑2412 through 28‑2416, 28‑2416.01, 28‑2417
through 28‑2462 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. Monies
deposited pursuant to section 28‑7311.
20. Monies
deposited pursuant to section 28‑7059.
21. Monies
deposited pursuant to section 28‑1105.
22. Monies
deposited pursuant to section 28‑2448, subsection D.
23. Monies
deposited pursuant to section 28‑3415.
24. Monies
deposited pursuant to section 28‑3002, subsection A, paragraph 14.
25. Monies
deposited pursuant to section 28‑7316.
26. Monies
deposited pursuant to section 28‑4302.
27. Monies
deposited pursuant to section 28‑2098. END_STATUTE
Sec. 8. Section
41-3451, Arizona Revised Statutes, is amended to read:
START_STATUTE41-3451. Automobile
theft authority; powers and duties; fund; audit
A. An The automobile theft authority is
established consisting of the following members:
1. Two
police chiefs who are appointed by the Arizona association of chiefs of police,
one of whom represents a city or town with a population of one hundred thousand
or more persons and one of whom represents a city or town with a population of
less than one hundred thousand persons, or their designees.
2. Two
sheriffs who are appointed by the Arizona sheriffs association, one of whom
represents a county with a population of five hundred thousand or more persons
and one of whom represents a county with a population of less than five hundred
thousand persons, or their designees.
3. Two
county attorneys who are appointed by the governor, one of whom represents a
county with a population of two million or more persons and one of whom
represents a county with a population of less than two million persons, or
their designees.
4. Two
employees of insurers who are licensed to write motor vehicle liability
insurance in this state and who are appointed by the governor.
5. Two
members of the general public who are appointed by the governor.
6. The
assistant director for the motor vehicle division in the department of
transportation or the assistant director's designee.
7. The
director of the department of public safety or the director's designee.
B. Members
serve staggered four‑year terms beginning and ending on the third Monday
in January. At the first meeting each year, the members shall select
a chairman from among the members. The authority shall meet at the call of the
chairman or seven members.
C. The
authority may:
1. Subject
to chapter 4, article 4 of this title, hire staff members as necessary,
including an executive director. The executive director's annual
compensation shall not be more than one hundred thousand dollars.
2. Provide
work facilities and equipment as necessary.
3. Determine
the scope of the problem of motor vehicle theft, including particular areas of
the state where the problem is greatest.
4. Analyze
the various methods of combating the problem of motor vehicle theft.
5. Develop
and implement a plan of operation.
6. Develop
and implement a financial plan.
7. Solicit
and accept gifts and grants.
8. Report
by December 31 of each year to the governor, the president of the senate, the
speaker of the house of representatives and the secretary of state on its
activities during the preceding fiscal year.
D. If
the chairman of the authority knows that a potential ground for the removal of
a member of the authority exists under this subsection, the chairman shall
notify the governor. The governor shall remove the member if the
governor finds that any of the following applies:
1. The
member was not qualified to serve at the time the member was appointed.
2. The
member does not maintain the member's qualifications to serve.
3. The
member cannot discharge the member's duties for a substantial part of the term
due to illness or other disability.
4. The
member is absent from more than one‑half of the regularly scheduled
meetings during a calendar year unless the member's absence is excused by a
majority vote of the authority.
E. The
automobile theft authority fund is established consisting of monies
deposited pursuant to section 28‑2098 and any public or private
monies that the authority may receive. The automobile theft
authority shall administer the fund. Subject to legislative
appropriation, monies in the fund shall only be used to pay the expenses of the
authority and to carry out the purposes of this section. Monies in the fund
are exempt from the provisions of sections 35‑143.01 and 35‑190
relating to lapsing of appropriations. On notice from the authority,
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.
F. The
authority may accept nonmonetary contributions, including the services of
individuals, office and secretarial assistance, mailings, printing, office
equipment, facilities and supplies, that are necessary to carry out its
functions. The nonmonetary contributions shall not be included in
the costs of administration limitation prescribed by subsection H of this
section.
G. The
automobile theft authority shall allocate monies in the fund to public agencies
for the purpose of establishing, maintaining and supporting programs that are
designed to prevent motor vehicle theft, including:
1. Financial
support to law enforcement and prosecution agencies for programs that are
designed to increase the effectiveness of motor vehicle theft prosecution.
2. Financial
support for programs that are designed to educate and assist the public in the
prevention of motor vehicle theft.
H. The
costs of administration shall not exceed ten percent of the monies in the fund
in any one year so that the greatest possible portion of the monies available
to the authority is expended on combating motor vehicle theft.
I. Monies
expended from the automobile theft authority fund shall be used to supplement,
not supplant, other monies that are available for motor vehicle theft
prevention.
J. Each
insurer issuing motor vehicle liability insurance policies in this state shall
pay a semiannual fee of fifty cents per vehicle insured under a motor vehicle
liability insurance policy issued by the insurer. The fee shall be fully
earned and nonrefundable at the time the insurer collects the premium for the
motor vehicle liability insurance policy. Each insurer shall transmit the fee
on or before January 31 and on or before July 31 of each year to the automobile
theft authority for deposit in the automobile theft authority
fund. The payment due on or before January 31 shall cover vehicles
insured under policies that are issued during the period from July 1 through
December 31 of the previous year. The payment due on or before July 31 shall
cover vehicles insured under policies that are issued during the period from
January 1 through June 30 of the same year.
K. The
authority shall cause an audit to be made of the automobile theft authority
fund. The audit shall be conducted by a certified public accountant every two
years. The authority shall file a certified copy of the audit with
the auditor general immediately. The auditor general may make
further audits and examinations as the auditor general deems necessary and may
take appropriate action relating to the audit pursuant to chapter 7, article
10.1 of this title.
L. Authority
members are not eligible to receive compensation but are eligible for
reimbursement of expenses pursuant to title 38, chapter 4, article 2.
M. This
section does not apply to vehicles or vehicle combinations with a declared
gross weight of more than twenty‑six thousand pounds. Motor vehicle
liability insurance policies issued in this state for vehicles or vehicle
combinations with a declared gross weight of more than twenty‑six
thousand pounds are exempt from subsection J of this section. END_STATUTE
Renumber to
conform"
Page 2, line
12, strike "2019" insert "2020"
Line 13,
after "to" insert "report all vehicle acquisitions
electronically within forty‑eight hours and"
Line 17,
strike "2019" insert "2020"
Amend title to conform
Bill
Number: H.B. 2307