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House Engrossed |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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CHAPTER 178
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HOUSE BILL 2589 |
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AN ACT
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-2351, Arizona Revised Statutes, is amended to read:
28-2351. License plate provided; design
A. Notwithstanding any other law, the department shall provide to every owner one license plate for each vehicle registered. At the request of the owner and on payment of a fee in an amount prescribed by the director by rule, the department shall provide one additional license plate for a vehicle for which a special plate is requested pursuant to this chapter.
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 department regarding the color and design of license plates and special plates. 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 department shall determine the color and design of the license plate. All other plates issued by the department, except the plates issued pursuant to sections 28‑2404, 28‑2412, 28‑2413, 28‑2414, 28‑2416, 28‑2416.01, 28‑2417 through 28‑2462, 28‑2472, 28‑2473, 28‑2474, 28‑2475, 28‑2476 and 28‑4533 and article 14 of this chapter, shall be the same color as and similar in design to the license plate as determined by the department.
E. A passenger motor vehicle that is rented without a driver shall receive the same type of license plate as is issued for a private passenger motor vehicle.
Sec. 2. Section 28-2403, Arizona Revised Statutes, 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 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 28‑2404, 28‑2412, 28‑2413, 28‑2414, 28‑2416, 28‑2416.01, 28‑2417 through 28‑2462, 28‑2472, 28‑2473, 28‑2474, and 28‑2475 and 28‑2476 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 department.
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 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 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. 3. Section 28-2449, Arizona Revised Statutes, is amended to read:
28-2449. All in for Arizona schools special plates; fund
A. If, by December 31, 2016, an entity pays thirty‑two thousand dollars $32,000 to the department
for the implementation of this section, the department shall issue extraordinary educators All in for Arizona schools special plates for
motor vehicles. The entity that provides the thirty‑two
thousand dollars
$32,000 shall design the extraordinary
educators all in for Arizona schools special plates. The design and
color of the extraordinary educators all in for Arizona schools
special plates are subject to the approval of the department. The director may
allow a request for extraordinary educators all in for Arizona schools
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 extraordinary educators all in for Arizona schools special plates.
B. Of the twenty‑five
dollar $25
fee required by section 28‑2402 for the original special plates and for
renewal of special plates, eight dollars $8 is a special plate
administration fee and seventeen dollars $17 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 extraordinary
educators all in
for Arizona schools special plate fund established by this section.
D. The extraordinary
educators all in
for Arizona schools special plate fund is established consisting of
monies deposited pursuant to this section. The director shall administer the
fund. Not more than five per cent percent 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 annually
allocate all monies from the fund, excluding administrative fees, to the entity
that provides the thirty‑two thousand dollars $32,000 to the department
pursuant to subsection A of this section. The entity receiving the monies
shall establish a process, including working with county school
superintendents, to distribute the monies to public educators who propose
extraordinary activities, projects or lessons for students in kindergarten
programs and grades one through eight.
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.
Sec. 4. Title 28, chapter 7, article 13, Arizona Revised Statutes, is amended by adding section 28-2476, to read:
28-2476. Distinguished flying cross license plates; fees
A. The department shall issue distinctive license plates to:
1. A person who submits satisfactory proof to the department that the person is a veteran and a bona fide distinguished flying cross recipient.
2. An immediate family member of a person who has been issued a license plate pursuant to this section.
B. For each pair of original license plates issued pursuant to this section, the department shall collect a fee of $25 in addition to the registration fee required by section 28‑2003. For each annual renewal of LICENSE plates issued pursuant to this section, the department shall charge a fee of $5 in addition to the registration fee required by section 28‑2003. The department shall deposit, pursuant to sections 35‑146 and 35‑147, the $25 fee as a donation in the veterans' donation fund established by section 41‑608.
Sec. 5. Section 28-6501, Arizona Revised Statutes, is amended to read:
28-6501. 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, 28‑2407, 28‑2412 through 28‑2462 and 28‑2514.
(b) The donations prescribed in sections 28‑2404, 28‑2407, 28‑2412 through 28‑2415, 28‑2417 through 28‑2462, 28‑2473, 28‑2474, and 28‑2475 and 28‑2476.
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.
Sec. 6. Section 41-608, Arizona Revised Statutes, is amended to read:
41-608. Veterans' donations fund; grants
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, 28‑2447, 28‑2454, 28‑2473, 28‑2474, 28‑2475, 28‑2476 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. The department shall adopt rules or policies for grants of less than five thousand dollars that encourage as much competition as practicable.
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 sections 28‑2431 and 28‑2447, the donations may be used for the benefit of the veterans within this state as grants, subject to chapter 24 of this title, if applicable.
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 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 establish a separate subaccount in the veterans' donations fund for the deposit of monies received pursuant to section 28‑2447, subsection C. The monies in the subaccount shall be used for the benefit of women veterans in this state, including providing shelter to homeless women veterans as grants, subject to chapter 24 of this title, if applicable.
E. The director shall establish a separate subaccount in the veterans' donations fund for the deposit of monies received pursuant to section 28‑2454, subsection C. The first thirty‑two thousand dollars in the subaccount shall be reimbursed to the person that provides the thirty‑two thousand dollars pursuant to section 28‑2454, subsection A. The director shall annually allocate monies from the subaccount to a foundation that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes and that is the nation's oldest and largest provider of need-based scholarships to children of United States military members. The foundation must:
1. Have been in existence for at least fifty‑two years.
2. Have provided more than thirty-three thousand scholarships that are valued at almost ninety million dollars.
3. Have a mission that includes honoring marines and educating their children.
4. Award scholarship monies to children of marines and navy corpsmen who were killed or wounded in combat or who have demonstrated financial need.
F. The director shall inventory and account for the use of any tangible personal property donated to the fund.
G. 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.
Sec. 7. Effective date
This act is effective from and after September 30, 2019.
APPROVED BY THE GOVERNOR MAY 7, 2019.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 7, 2019.