SB1353 - 542R

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

Section 1. Section 28-364, Arizona Revised Statutes, is amended to read:

START_STATUTE28-364. Powers of the director

A. The director may provide technical transportation planning expertise to local governments when requested, coordinate local government transportation planning with regional and state transportation planning and guide local transportation planning to assure ensure compliance with federal requirements. The planning authority granted by this subsection does not preempt planning responsibilities and decisions of local governments.

B. If the governor declares a state of emergency, the director may contract and do all things necessary to provide emergency transportation services for the residents in the affected areas whether the emergency transportation is by street, rail or air.

C. On a determination that it is in this state's best interest, the director may authorize payment for necessary relocation costs in advance of work being performed if an existing facility owned by the United States must be relocated or adjusted due to construction, modification or improvement of a state highway. The director shall base each advance payment on an estimate of cost of the proposed relocation or adjustment prepared by the federal government and acceptable to the director and shall base the final compensation on the actual agreed cost.

D. The director of the department of transportation in consultation with the director of the department of public safety shall develop procedures to exchange information for any purpose related to sections 28‑1324, 28‑1325, 28‑1326, 28‑1462 and 28‑3318.

E. The director may establish a system or process that does all of the following:

1. Allows for mailing notices of service or other legal documents or records of the department electronically or digitally to a person who consents to receiving these notices, documents or records through a secure electronic or digital system.

2. Enables a person to establish a financial account in the department's database. The account shall be accessible by the person or the person's authorized representative to review statements of all transactions associated with the person's account and to make prepayments or payments for authorized transactions with the department. Notwithstanding any other law, monies in financial accounts established pursuant to this section that remain unexpended for a period of five years or more revert to the Arizona highway user revenue fund and shall be distributed pursuant to section 28‑6538.

3. Allows a person to comply with the photograph update and proof of vision test requirements prescribed by section 28‑3173 through electronic or digital means that meet the department's standards.

4. Enables the department to accept certificate of title brands from other states or jurisdictions and to record these brands on the appropriate vehicle records.

F. The director, in consultation with the Arizona medical board or the state board of optometry, may do all of the following:

1. Establish medical and vision standards for driver license applicants and examinations.

2. Establish courses of training, training facilities and qualifications and methods of training for driver license examining personnel.

3. Establish procedures for the certification of driver license examining personnel and driver license instructors personnel.

4. Direct research in the field of licensing drivers. The director may accept public or private grants for the research.

5. Conduct research in the field of examination or reexamination of licensing individual drivers with medical or vision problems.

6. Set minimum vision standards for the operation of a motor vehicle in this state.

G. The director may implement electronic or digital versions of driver licenses, nonoperating identification licenses, vehicle registration cards, license plates or any other official record records of the department. END_STATUTE

Sec. 2. Section 28-365, Arizona Revised Statutes, is amended to read:

START_STATUTE28-365. Disposition of fees

Except as otherwise provided by statute, the director shall immediately deposit, pursuant to sections 35‑146 and 35‑147, fees collected under this chapter title in the Arizona highway user revenue fund. END_STATUTE

Sec. 3. Section 28-413, Arizona Revised Statutes, is amended to read:

START_STATUTE28-413. Reciprocal driver license agreement; foreign countries

A. The department may waive the requirements for a written examination and the driving examination required pursuant to section 28‑3164 for an operator of a motor vehicle holding who holds a valid driver license issued by a foreign country in which the operator previously resided and who applies for an initial driver license in this state as an original applicant, if all of the following conditions are met:

1. The director determines that the standards of the foreign country for licensing operators of motor vehicles are substantially similar to those of this state.

2. The foreign country extends the same reciprocal driver license application privileges to persons licensed in this state.

3. The director and the foreign country have exchanged letters or other documentation to confirm the reciprocal extension of privileges to operate motor vehicles.

4. The original applicant under this section complies with the mandatory motor vehicle insurance provisions of chapter 9, articles 1 and 4 of this title.

B. A person who holds a valid driver license that meets the requirements of subsection A, of this section may apply to the department for a class D, G or M license. The person applying for the original license shall surrender present the foreign country driver license to the department upon on successful application.

C. The department shall publish on its public internet site website a current list of foreign countries for which reciprocal operating privileges have been extended and withdrawn.

D. This section shall does not apply to commercial driver licensing.

E. The director may adopt rules to implement this section. END_STATUTE

Sec. 4. Section 28-455, Arizona Revised Statutes, is amended to read:

START_STATUTE28-455. Release of personal information; fees

A. In accordance with section 28‑458 and the driver's privacy protection act of 1994 (18 United States Code sections 2721 through 2725) and notwithstanding section 28‑447, the department shall not knowingly disclose or otherwise make available to any person:

1. Personal information obtained by the department in connection with a motor vehicle record except as otherwise provided in this section.

2. Highly restricted personal information obtained by the department in connection with a motor vehicle record without the express consent of the person to whom the information applies except for uses allowed in subsection C, paragraphs 1, 4, 6 and 9 of this section. This paragraph does not affect the use of organ donation information on an individual's driver license or affect the administration of organ donation in this state.

B. The department shall disclose personal information for use in connection with the following matters:

1. Motor vehicle or driver safety and theft.

2. Motor vehicle emissions.

3. Motor vehicle product alterations, recalls or advisories.

4. Performance monitoring of motor vehicles and dealers by motor vehicle manufacturers.

5. Removal of nonowner records from the original owner records of motor vehicle manufacturers to carry out the purposes of titles I and IV of the anti car theft act of 1992 (18 United States Code sections 2311 through 2322), the automobile information disclosure act (15 United States Code sections 1231, 1232 and 1233), the clean air act of 1963 (42 United States Code sections 7401 through 7671q) and 49 United States Code chapters 301, 305 and 321 through 331.

C. Subject to subsection A of this section, the department may disclose personal information as follows:

1. For use by any government agency, including any court or law enforcement agency, in carrying out its functions or any private person or entity acting on behalf of a government agency in carrying out its functions.

2. For use in connection with matters of:

(a) Performance monitoring of motor vehicles, motor vehicle parts and dealers.

(b) Motor vehicle market research activities, including survey research.

3. For use in the normal course of business by a legitimate business or its agents, employees or contractors, but only:

(a) To verify the accuracy of personal information submitted by the individual to the business or its agents, employees or contractors.

(b) If the information submitted is not correct or is no longer correct, to obtain the correct information for the purpose of preventing fraud by, pursuing legal remedies against or recovering on a debt or security interest against the individual.

4. For use by an attorney licensed to practice law or by a licensed private investigator in connection with any civil, criminal, administrative or arbitration proceeding in any court or government agency or before any self‑regulatory body, including the service of process, investigation in anticipation of litigation and the execution or enforcement of judgments and orders, or pursuant to a court order.

5. For use in research activities and for use in producing statistical reports if the personal information is not published, redisclosed or used to contact individuals.

6. For use by any insurer that writes automobile liability or motor vehicle liability policies and that is under the jurisdiction of the department of insurance and financial institutions or insurance support organization or by a self‑insured entity or its agents, employees or contractors in connection with claims investigation activities, antifraud activities, rating or underwriting.

7. For use in providing notice to the owners of towed or impounded vehicles.

8. For use by any licensed private investigative agency or licensed security service for any purpose allowed under this section.

9. For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver license that is required under 49 United States Code sections 31301 through 31317.

10. For use by a toll operator as defined in section 28‑7751 in connection with the operation of a toll facility or the enforcement of tolls, administrative charges and penalties as defined in section 28‑7751.

11. For any other use in response to requests for individual motor vehicle records if the state has obtained the express consent of the person to whom the personal information pertains.

12. For bulk distribution for surveys, marketing or solicitations if the department has obtained the express consent of the person to whom the personal information pertains.

13. 12. For use by any requester if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains.

14. 13. For any other use that is specifically authorized by law and that is related to the operation of a motor vehicle or public safety, including the following:

(a) Use by a financial institution or enterprise under the jurisdiction of the department of insurance and financial institutions or a federal monetary authority.

(b) Use by a motor vehicle dealer who is licensed and bonded by the department or a state organization of licensed and bonded motor vehicle dealers.

(c) Use by a person who is involved in an accident or the owner of a vehicle involved in an accident if the person who requests the information submits proof to the department of involvement in the accident.

(d) Use by a person applying for a bonded title if all of the following conditions exist:

(i) The requester verifies to the satisfaction of the director that the vehicle on which the requester is requesting the record is in the requester's possession.

(ii) The record is requested in order for the requester to notify the registered owner of the requester's intent to apply to the department for a bonded title.

(iii) The requester provides a verification of a vehicle inspection that was performed by an authorized department employee or agent.

(e) Use by an operator of a self-service storage facility who alleges both of the following:

(i) That the vehicle on which the operator is requesting the record is in the operator's possession.

(ii) That the record is requested to allow the operator to notify the registered owner and any lienholders of record of the operator's intent to foreclose its lien and to sell the vehicle.

(f) For any other use as determined by the director and established by rule.

D. The department may establish and carry out procedures under which the department, on receiving a request for personal information that does not fall within one of the exceptions prescribed in subsection B or C of this section, may mail a copy of the request to the individual about whom the information was requested. The mailing shall inform the individual of the request and contain a statement that the information will not be released unless the individual waives the individual's right to privacy under this section.

E. In addition to the permissible uses prescribed in subsection C of this section, the department may disclose its motor vehicle records information, including personal information, as a bulk record only under any of the following conditions:

1. If the director determines either of the following:

(a) The sale or release of the record is necessary for the public health or safety.

(b) The use is for general research or general statistical purposes that do not provide specific factors from a record.

2. For surveys, marketing or solicitations if the department has obtained the express consent of the person to whom the personal information pertains.

3. 2. For the release of motor vehicle title and motor vehicle registration information, vehicle identification numbers, title brands, odometer readings and brands and title lien information to a requester if the requester is in the business of preparing vehicle history reports and the information is used to develop a vehicle history report.

F. The director shall provide in a clear and conspicuous manner on forms for the issuance or renewal of driver licenses, nonoperating identification licenses and title and registration the opportunity for express consent so that each person who is the subject of a record of the department may opt in, for any purpose as prescribed by the director. Express consent shall be conveyed in a form prescribed by the director and shall include at least the following:

1. Clear and conspicuous notice informing the person who is giving express consent that by giving express consent the person is allowing the department to disclose information contained in the person's motor vehicle record to any person requesting information for any purpose.

2. A written signature or an electronic signature.

3. An explanation of the difference between a one-time authorization and general consent or opt in.

G. Subject to the requirements of subsection F of this section, express consent may be conveyed as either of the following:

1. A one-time authorization submitted by a requester on a consent to release form or by other written format as prescribed by the director.

2. General consent or opt in on certain department forms.

F. The department shall not sell records with personal identifying information for a commercial purpose except to a person authorized to receive the records under the permissible use provisions of this section and the driver's privacy protection act of 1994 (18 united states code sections 2721 through 2725).

H. G. Driver histories shall not be disclosed under subsection E of this section.

I. H. Except as provided in subsection J I of this section and section 28‑446, subsection B, records provided pursuant to subsections B and C of this section are subject to the fees prescribed in section 28‑446, subsections A and C.

J. I. For records searched and provided for the purposes described in subsection E of this section, the director:

1. Shall charge a search fee that is a minimum of $600 per million records searched.

2. Shall charge a records fee that is a minimum of $30 per thousand records provided.

3. May prorate the charge for fractional quantities that are searched or provided.

4. May charge only the search fee if the request is in accordance with subsection E, paragraph 2 of this section.

K. J. Records requests that require a database search for specific criteria within a record are subject to a search fee. In addition to this search fee, each motor vehicle record provided to a records requester as a result of a criteria search incurs record fees in accordance with subsection I H of this section. END_STATUTE

Sec. 5. Section 28-456, Arizona Revised Statutes, is amended to read:

START_STATUTE28-456. Subsequent sale or disclosure of record information by authorized recipient

A. Except as provided in subsections subsection B and C of this section, an authorized recipient of personal information may resell or redisclose the information only for a use permitted under section 28-455, subsection B or C.

B. An authorized recipient under section 28-455, subsection C, paragraph 11 may resell or redisclose personal information for any lawful purpose.

C. An authorized recipient under section 28-455, subsection C, paragraph 12 may resell or redisclose personal information pursuant to section 28-455, subsection C, paragraph 12.

D. C. Any authorized recipient, except a recipient under section 28-455, subsection C, paragraph 11, that resells or rediscloses personal information covered by this section shall keep for a period of five years records identifying each person or entity that receives information and the permitted purpose for which the information will be used and shall make the records available to the department on request. END_STATUTE

Sec. 6. Section 28-1150, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1150. Overdimensional permit council

A. An overdimensional permit council is established consisting of the following nine members who are appointed by the governor:

1. One member representing the department of public safety.

2. One member representing the department of transportation.

3. Four members representing motor carriers.

4. One member from a city or town with a population of more than one hundred thousand persons.

5. One member from a city or town with a population of one hundred thousand persons or less.

6. One member representing the governor's office of community and highway safety.

B. The members serve staggered three year terms.

C. The overdimensional permit council shall:

1. Meet at least annually.

2. Select from its members a person to serve as chairperson.

3. Advise and assist the department of transportation in developing rules required to administer this article and article 18 of this chapter.

4. Advise and consult with the motor carrier industry, department of transportation and state and local law enforcement agencies concerning matters relating to overdimensional permits.

5. Establish a mailing list that includes any party expressing an interest in the council's activities. The council shall provide the list to the department of transportation, and the department of transportation shall send notice by first class mail to each person on the list at least fifteen days before the date on which each meeting of the council is to be held.

6. 5. Review each proposed ordinance that a local authority submits pursuant to section 28‑1103, subsection G to determine if the proposed ordinance is substantially identical, uniform and consistent with the rules adopted by the department for oversized or overweight vehicles pursuant to section 28‑1103, subsection F.

D. Members of the overdimensional permit council are not eligible to receive compensation or reimbursement for expenses.

E. The overdimensional permit council is subject to title 38, chapter 3, article 3.1.

F. The department shall provide for electronic notification of overdimensional permit council meetings to interested parties. END_STATUTE

Sec. 7. Section 28-2055, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2055. Certificate of title; content requirements; transfer on death provision

A. The department or an authorized third party shall do both of the following:

1. Create the certificate of title with space for notation of liens and encumbrances on the vehicle at the time of transfer.

2. Provide forms for assignment of title or interest and warranty by the owner that contains include the odometer mileage disclosure statement pursuant to section 28‑2058.

B. At the request of the owner and on payment of a fee prescribed by the department by rule, the certificate of title may contain, by attachment, a transfer on death provision where the owner may designate a beneficiary of the vehicle.

C. If a motor vehicle, trailer or semitrailer has been registered in any other state or country, the department shall retain in its records the name of the state or country in which the prior registration took place. END_STATUTE

Sec. 8. Section 28-2091, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2091. Salvage certificate of title; stolen vehicle certificate of title; nonrepairable vehicle certificate of title; recovered vehicles; violation; classification; definitions

A. If a vehicle that is subject to the issuance of a certificate of title or registration pursuant to this chapter becomes a salvage vehicle, stolen vehicle or nonrepairable vehicle and is acquired by an insurance company as a result of a total loss insurance settlement, the insurance company or its authorized agent shall submit an application, as determined by the insurance company or its authorized agent, to the department within thirty days after the certificate of title is properly assigned by the owner to the insurance company, with all liens released, on a form prescribed by the department for either a salvage certificate of title, stolen vehicle certificate of title or nonrepairable vehicle certificate of title. The selected certificate of title shall include the following:

1. A properly endorsed certificate of title.

2. A lien satisfaction, if applicable.

3. The appropriate fees.

B. Within thirty days after oral or written acceptance by the owner of an offer in settlement of total loss, if an insurance company or its authorized agent is unable to obtain the documents prescribed by subsection A, paragraphs 1 and 2 of this section, the insurance company or its agent, on a form provided by the department, may submit an application to the department for a salvage certificate of title, stolen vehicle certificate of title or nonrepairable vehicle certificate of title. The application shall include evidence that the insurance company or its agent has made two or more written attempts to obtain the documents prescribed by subsection A, paragraphs 1 and 2 of this section. The application shall include the appropriate fees prescribed by subsection A, paragraph 3 of this section. The insurance company shall indemnify and hold harmless the department for any claims resulting from the issuance of a salvage certificate of title, stolen vehicle certificate of title or nonrepairable vehicle certificate of title pursuant to this subsection.

C. Except for vehicles registered pursuant to section 28‑2482, 28‑2483 or 28‑2484, if the owner retains possession of a salvage vehicle or nonrepairable vehicle, the owner shall comply with this section before receiving a total loss settlement from the insurance company or otherwise disposing of the vehicle.

D. Any other owner of a vehicle that is a salvage vehicle or nonrepairable vehicle shall apply for a salvage certificate of title or nonrepairable vehicle certificate of title pursuant to this section.

E. On receipt of a proper application, the department shall issue a salvage certificate of title, stolen vehicle certificate of title or nonrepairable vehicle certificate of title for the vehicle.

F. If the department issues a nonrepairable vehicle certificate of title for a vehicle, the registration of the vehicle is cancelled. The front of a nonrepairable vehicle certificate of title shall be branded with the word "nonrepairable". The ownership of a vehicle for which a nonrepairable vehicle certificate of title has been issued shall not be reassigned more than two times on that certificate of title or a title transfer form. If a nonrepairable vehicle certificate of title is issued for a vehicle, the department shall not perform any title transfers or issue any further paper certificate of title for that vehicle.

G. An owner of a vehicle that is not a salvage vehicle who sells the vehicle as scrap or for purposes of dismantling or destroying shall assign the certificate of title or a title transfer form to the purchaser, and the purchaser shall comply with section 28‑2094.

H. On sale of the vehicle, an owner of a salvage vehicle for which a salvage certificate of title has been obtained or an owner of a nonrepairable vehicle for which a nonrepairable vehicle certificate of title has been obtained shall assign and deliver the salvage certificate of title or nonrepairable vehicle certificate of title or a title transfer form to the purchaser and shall notify the department of the name and address of the purchaser.

I. Except as provided in subsection L of this section, the department shall issue a certificate of title to a vehicle that has been issued a salvage certificate of title or stolen vehicle certificate of title as a result of a total loss settlement by reason of theft if the vehicle is recovered and was not wrecked or stripped of essential parts and the insurance company or its authorized agent submits an affidavit to the department in a form prescribed by the department stating either of the following:

1. The vehicle is a recovered theft and both of the following:

(a) The vehicle was not wrecked or stripped of essential parts.

(b) To the insurance company's or its authorized agent's actual knowledge, no air bag or component part necessary to the proper function of the air bag system deployed in the vehicle or was removed from the vehicle.

2. The vehicle is a recovered theft and, to the insurance company's or its authorized agent's actual knowledge, an air bag or an air bag module deployed in the vehicle or was removed from the vehicle. The insurance company or its authorized agent shall list the location in the vehicle of each deployment or removal of an air bag or an air bag module.

J. On receipt of an affidavit submitted pursuant to subsection I, paragraph 2 of this section, the department shall mark its records to indicate the deployment or removal of the air bag or air bag module from the vehicle and the location of each deployment or removal.

K. The insurance company or its authorized agent shall give the purchaser of a vehicle that is a recovered theft, as described in subsection I of this section, a copy of the affidavit submitted pursuant to subsection I of this section.

L. If the vehicle is a recovered theft and components of the vehicle's air bag system, other than the air bag or the air bag module described in subsection I, paragraph 2 of this section, or other parts of the vehicle were removed compromising the functional integrity of the air bag system or the structural integrity of the vehicle, the insurance company or its authorized agent shall submit an affidavit to the department in a form prescribed by the department stating that the vehicle is a recovered theft and that components of the vehicle's air bag system, other than the air bag or the air bag module described in subsection I, paragraph 2 of this section, or other parts of the vehicle were removed compromising the functional integrity of the air bag system or the structural integrity of the vehicle. The department shall not issue a certificate of title to the vehicle but may issue a restored salvage certificate of title pursuant to section 28‑2095 if all of the following apply:

1. The vehicle is repairable.

2. The department successfully completes a level three inspection as prescribed in section 28‑2011.

3. The vehicle meets other requirements the director prescribes.

M. Except as provided in subsection N of this section, any person who sells a vehicle that is issued a certificate of title pursuant to subsection I of this section and who has actual knowledge that an air bag, an air bag module or components of the vehicle's air bag system compromising the functional integrity of the air bag system deployed or were removed from the vehicle shall not fail to disclose the deployment or removal to the buyer before completion of the sale with the intention of concealing the deployment or removal. A person who violates this subsection is guilty of a class 1 misdemeanor.

N. Subsection M of this section does not apply to either of the following:

1. An insurance company or its authorized agent who issues an affidavit pursuant to subsection I of this section unless the insurance company or its authorized agent intentionally fails to disclose the deployment or removal of an air bag, an air bag module or components of the vehicle's air bag system that compromise the functional integrity of the air bag system.

2. A person who owns a vehicle that is issued a certificate of title pursuant to subsection I of this section if the person repairs or replaces the air bag or air bag module in the vehicle.

O. Any person who sells a vehicle for which a salvage certificate of title has been issued and who knows a salvage certificate of title has been issued for the vehicle shall disclose in writing or by electronic means to the buyer before completion of the sale that the vehicle is a salvage vehicle.

P. If a vehicle that has a certificate of title as a salvage vehicle is to be scrapped, dismantled or destroyed, the owner or purchaser shall comply with section 28‑2094.

Q. The provisions of this chapter that refer to certificates of title apply to salvage certificates of title, stolen vehicle certificates of title and nonrepairable vehicle certificates of title issued pursuant to this section unless they conflict with this section.

R. If a component part of a vehicle on which the vehicle identification number is affixed is to be replaced and if the vehicle is being repaired by a person other than its owner, the person shall notify the owner in writing and in the manner prescribed by the department that the part has been replaced, and the owner shall comply with section 28‑2165. This subsection does not apply if the department has not issued a salvage certificate of title or a nonrepairable certificate of title and if the vehicle manufacturer or the manufacturer's authorized agent meets all of the following conditions:

1. The frame is the component part replaced.

2. The frame replacement is performed by the vehicle manufacturer or the manufacturer's authorized agent.

3. If the original frame contained a vehicle identification number or serial number, the original vehicle identification number or serial number, in a similar size and style, is restamped in the replacement frame by the manufacturer or the manufacturer's authorized agent.

4. Any existing manufacturer warranties remaining on the vehicle are not voided.

5. The manufacturer or the manufacturer's authorized agent obliterates all vehicle identification numbers or serial numbers contained on the original frame.

S. Except as otherwise provided, a person who violates this section is guilty of a class 2 misdemeanor.

T. For the purposes of this section:

1. "Essential parts" means integral and body parts, the removal, alteration or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle.

2. "Nonrepairable vehicle" means a vehicle of a type that is otherwise subject to the issuance of a certificate of title and registration pursuant to this chapter and that either:

(a) Has no resale value except as a source of parts or scrap metal and the owner or insurer designates the vehicle solely as a source of parts or scrap metal.

(b) Is a completely stripped vehicle that is recovered from theft and that is missing the engine or motor, the transmission, all of the bolt‑on sheet metal body panels, all of the doors and hatches, substantially all of the interior components and substantially all of the grill and light assemblies or that the owner designates has little or no resale value except its worth as a source of scrap metal or as a source of a vehicle identification number that could be used illegally.

(c) Is a completely burned vehicle that has been burned to the extent that there are no usable or repairable body or interior components, tires and wheels, engine or motor or transmission and that the owner irreversibly designates as having little or no resale value except as a source of scrap metal or as a source of a vehicle identification number that could be used illegally.

3. "Salvage vehicle" means a vehicle, other than a nonrepairable vehicle, of a type that is subject to the issuance of a certificate of title and registration pursuant to this chapter and that has been stolen, wrecked, destroyed, flood or water damaged or otherwise damaged to the extent that the owner, leasing company, financial institution or insurance company considers it uneconomical to repair the vehicle.

4. "Stolen vehicle certificate of title" means a vehicle ownership document issued to the owner of a vehicle that has been stolen and not recovered. END_STATUTE

Sec. 9. Section 28-2095, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2095. Restored salvage certificate of title; inspections; definitions

A. If a salvage vehicle as defined in section 28‑2091 is rebuilt or restored to operation, the owner of the motor vehicle shall not transfer the motor vehicle until a restored salvage certificate of title has been issued pursuant to this section.

B. On application for a restored salvage certificate of title, the department shall conduct a level two or level three inspection of the vehicle that is the subject of the application to determine its proper identity pursuant to section 28‑2011. The inspection may include a review of bills of sale and invoices for component parts used in the reconstruction process. If the department is unable to conduct a level three inspection for a restored salvage certificate of title within twenty days after a request is made, the department shall conduct an inspection of the vehicle within forty‑eight hours after the twenty day period.

C. The seller or agent of a seller of a salvage vehicle as defined in section 28‑2091 shall inform the purchaser of a salvage vehicle that ownership documentation for certain replacement parts used in the repair of the salvage vehicle is required in connection with the inspection prescribed by this section.

D. A person who possesses a salvage vehicle as defined in section 28‑2091 and who submits it for inspection as prescribed by this section shall submit to the department paperwork that is satisfactory to the director. Satisfactory paperwork may include copies of invoices, notarized bills of sale or other acceptable proof of ownership for component parts.

E. If proper ownership documentation for a component part is not submitted as required by this section, the department may seize the component part.

F. If the department finds a stolen component part in a vehicle while conducting an inspection provided for under this section, the department shall seize the component part pursuant to section 28‑4594.

G. The department shall deposit, pursuant to sections 35‑146 and 35‑147, any proceeds resulting from the seizure and forfeiture of a component part pursuant to subsection E or F of this section in the vehicle inspection and certificate of title enforcement fund established by section 28‑2012.

H. Any person who sells a vehicle for which a restored salvage certificate of title has been issued and who knows a restored salvage certificate of title has been issued for the vehicle shall disclose in writing or by electronic means to the buyer before completion of the sale that the vehicle is a restored salvage vehicle.

I. For the purposes of this section:

1. For passenger vehicles, "component parts" includes the cowl or firewall, front end assembly, rear clip, including the roof panel, the roof panel if installed separately and the frame or any portion of the frame, or in the case of a unitized body, the supporting structure that serves as the frame, each door, the hood, each fender or quarter panel, the deck lid or hatchback, each bumper, transmissions or transaxles and an engine or motor. For the purposes of this paragraph:

(a) "Front end assembly" includes the hood, fenders, bumper, radiator and supporting members for these items. For vehicles with a unitized body, the front end assembly also includes the frame support members.

(b) "Rear clip" includes the roof, quarter panels, trunk lid, floor pan, rear bumper and support members for these items.

2. For trucks or truck‑type or bus‑type vehicles, "component parts" includes the cab, the frame or any portion of the frame, and in the case of a unitized body, the supporting structure that serves as a frame, the cargo compartment floor panel, the passenger compartment floor pan, the roof panel, transmissions or transaxles, engines or motors, each door, the hood, each fender or quarter panel, each bumper, the tailgate and all component parts that are included in paragraph 1 of this subsection and that are not listed in this paragraph if the part is replaced.

3. For motorcycles, "component parts" includes the engine or motor, transmission or transaxle, frame, front fork, crankcase and fairing and any other body molding.

4. "Restored salvage vehicle" means a vehicle that has been restored and for which a salvage certificate of title or a dismantle certificate of title has been issued.END_STATUTE

Sec. 10. Section 28-2098, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2098. Vehicle sales; no certificate of title; violation; classification; penalties

A. Notwithstanding any other law, beginning no later than October 1, 2020, a registered scrap metal dealer or a licensed automotive recycler may purchase a vehicle without obtaining a certificate of title if the scrap metal dealer or automotive recycler complies with subsection B of this section, the transactional value of the vehicle does not exceed twelve hundred dollars $1,200, the vehicle is at least twelve model years old and the owner does not have the paper certificate of title to the vehicle for any of the following reasons:

1. The owner or the owner's authorized agent has not obtained a title in the owner's or agent's name for the vehicle.

2. The owner has lost the paper certificate of title for the vehicle.

3. The owner has returned the title to the department. If this paragraph applies, a vehicle may be transferred to only a scrap metal dealer or an automotive recycler.

B. For purchases under this section, the registered scrap metal dealer or licensed automotive recycler shall do all of the following:

1. Take a picture at the time of the transaction of all of the following:

(a) The seller owner.

(b) The vehicle.

2. Pay for the vehicle with a check and not with cash.

3. Obtain a statement that contains all of the information required by subsection C of this section, that is signed by the seller owner and that affirms the conditions prescribed in subsection A of this section.

C. When the department is able to accept an electronic form, the statement prescribed by subsection B of this section shall be submitted electronically in a form that is prescribed by the department and shall contain all of the following:

1. A statement that the vehicle will not be titled again and will be dismantled or scrapped.

2. A description of the vehicle, including the year, make, model and vehicle identification number.

3. The owner's name and address and the number from the owner's driver license, nonoperating identification license issued pursuant to section 28‑3165 or photo identification card issued by a tribal government or the United States military.

4. A certification that the owner either:

(a) Never obtained a title to the vehicle in the owner's name.

(b) Was issued a title for the vehicle and the title was lost or stolen.

5. A certification that the vehicle is both of the following:

(a) At least twelve model years old.

(b) Not subject to a security interest or lien.

6. An acknowledgment that the owner and the scrap metal dealer or automotive recycler understand that the statement required by this subsection will be filed with the department and that it is a class 1 misdemeanor to knowingly falsify any information on the statement.

7. The owner's signature and the date of the transaction.

8. The name and address of the business acquiring the vehicle.

9. The national motor vehicle title information system identification number.

10. A business agent's signature and date, including the agent's printed name and title if the agent is signing on behalf of a corporation.

D. A registered scrap metal dealer or licensed automotive recycler that purchases a vehicle under this section:

1. Shall maintain a photocopy or electronic scan of the owner's driver license, nonoperating identification license issued pursuant to section 28‑3165 or photo identification card issued by a tribal government or the United States military.

2. May maintain a copy of the seller's owner's photo identification and reference that photo identification without making a separate photocopy for each transaction for subsequent purchases.

3. Shall hold the vehicle at least three business days after the date that the registered scrap metal dealer or licensed automotive recycler reports the purchase pursuant to subsection I of this section before the registered scrap metal dealer or licensed automotive recycler may crush, dismantle or shred the vehicle.

E. The department may develop an electronic system for a registered scrap metal dealer or a licensed automotive recycler to verify at the time of a transaction that a motor vehicle offered for sale has not been reported stolen.

F. Before purchasing a motor vehicle under this section, a registered scrap metal dealer or a licensed automotive recycler shall verify that the motor vehicle offered for sale has not been reported stolen. In addition to submitting information to the department pursuant to this section and the national motor vehicle title information system as required by 28 Code of Federal Regulations part 25, subpart B, after the department develops an electronic verification system pursuant to this section, a registered scrap metal dealer or a licensed automotive recycler shall verify that a vehicle is not stolen by using the electronic verification system before purchasing a vehicle without a certificate of title. If the electronic verification system indicates that the vehicle is stolen, the registered scrap metal dealer or licensed automotive recycler may not purchase the vehicle and shall report the findings to the department a law enforcement agency. A registered scrap metal dealer or a licensed automotive recycler is not required to apprehend a person that attempts to sell a motor vehicle that was reported stolen.

G. A registered scrap metal dealer or a licensed automotive recycler must use a department vehicle lien or encumbrance database that is in place on February 1, 2018 or a comparable database to check for liens or encumbrances on vehicles purchased under this section if the database substantially complies with section 28‑2134 which requires the release of a satisfied lien.

H. A person who knowingly gives false, fraudulent or erroneous information in connection with the signed statement prescribed in subsection B of this section, who falsely certifies the truthfulness and accuracy of information supplied in connection with the statement or who knowingly sells a vehicle that is subject to an unsatisfied lien is guilty of a class 1 misdemeanor and shall pay a fine of two thousand five hundred dollars $2,500.

I. Within forty‑eight hours after the close of business each day, a registered scrap metal dealer or licensed automotive recycler that purchases or receives vehicles for scrap or for parts shall report to the national motor vehicle title information system and maintain and deliver electronically to the department in a format approved by the department a list of each vehicle purchased that day for scrap or for parts. The list shall contain all of the following:

1. The name, address and contact information for the reporting entity.

2. The vehicle identification number.

3. The date that the vehicle was obtained.

4. The name of the person from whom the vehicle was obtained.

5. Whether the vehicle was or will be crushed, disposed of or offered for sale or other purposes.

6. Whether the vehicle will be exported out of the United States.

7. The national motor vehicle title information system identification number of the business acquiring the vehicle.

J. The department shall disclose the information that the department obtains pursuant to subsection I of this section only to law enforcement agencies and for the purposes of canceling certificates of title. Otherwise this information is the confidential business information of the respective reporting entity.

K. J. Each reporting entity shall retain all statements and records required under subsection B of this section for a period of two years. A registered scrap metal dealer and a licensed automotive recycler shall print a form or maintain an electronic record to show that the registered scrap metal dealer or licensed automotive recycler completed a search on the department's electronic system to verify that a vehicle that the registered scrap metal dealer or licensed automotive recycler purchases pursuant to this section is not stolen. The form must contain the vehicle's vehicle identification number and the date on which the search was conducted. The registered scrap metal dealer and licensed automotive recycler must electronically retain the form or electronic record for at least five years. The department must retain records of searches on the department's electronic system pursuant to this section for at least ten years as specified in its record retention schedule.

L. K. A person who engages in the activities of a scrap metal dealer or an automotive recycler, whether or not registered or licensed as such, and who knowingly and wilfully fails to deliver a vehicle title pursuant to section 28‑2094 or the statement required under subsection B of this section to the department or to report vehicle information described in subsection I of this section to the national motor vehicle title information system within forty-eight hours after the completion of a transaction is in violation of this section and is subject to a civil penalty of up to one thousand dollars $1,000 per violation. A local or state law enforcement agency, a county attorney or the attorney general may bring an action in any court of competent jurisdiction to enforce this section. Any civil penalties assessed shall be deposited as follows:

1. Fifty percent shall be deposited, pursuant to sections 35‑146 and 35‑147, in the state highway fund established by section 28‑6991.

2. Fifty percent shall be deposited, pursuant to sections 35‑146 and 35‑147, in the automobile theft authority fund established by section 41‑3451.

M. The director shall incorporate by reference the national motor vehicle title information system prescribed in 28 Code of Federal Regulations, part 25, subpart B, and a peace officer may enforce its provisions.

N. l. The seller of material from scrap vehicles shall certify to the purchaser that all scrap vehicles used for the material in the sale have been properly reported to the department or the national motor vehicle title information system.

O. M. Notwithstanding any other law, only this title governs the purchase by a scrap metal dealer of a vehicle solely for the purpose of processing the vehicle into a scrap vehicle or into prepared grades of scrap metal as defined in section 44‑1641. END_STATUTE

Sec. 11. Section 28-3225, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3225. Commercial learner's permit

A. A person who is at least eighteen years of age may apply to the department for an instruction a learner's permit for a class A, B or C license. The department may issue an instruction a learner's permit to the applicant after the applicant passes all parts of the examination and meets all other requirements for a class A, B or C license other than the driving test.

B. The permit entitles the permittee to drive a motor vehicle requiring a class A, B or C license on the public highways for six months from the date of issuance when the following conditions are met:

1. The permittee has the permit in the permittee's immediate possession.

2. The permittee is accompanied by either:

(a) A person with who has the same class or higher class of license issued by this state or any other qualifying state and who occupies a seat beside the driver.

(b) An employee or representative of the department for the purpose of conducting an examination.

3. If the permittee is under twenty‑one years of age, the permittee does not operate a commercial motor vehicle interstate. END_STATUTE

Sec. 12. Section 28-3312, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3312. Mandatory disqualification of commercial driver licenses; definition

A. The department shall disqualify a person who is required to have a commercial driver license, who is a commercial driver license holder or who is a commercial instruction learner's permit holder from driving a commercial motor vehicle as follows:

1. Except as provided in subsection E of this section and except as otherwise provided in this subsection, for at least one year if a person:

(a) Refuses a test in violation of section 28‑1321.

(b) Is convicted of a first violation of any of the following:

(i) Driving a commercial motor vehicle under the influence of intoxicating liquor or a controlled substance or while having an alcohol concentration of 0.04 or more.

(ii) Leaving the scene of an accident involving a motor vehicle driven by the person.

(iii) Using a motor vehicle in the commission of a felony.

(iv) A violation of chapter 4, article 3 of this title while operating a noncommercial motor vehicle.

(v) Driving a commercial motor vehicle while, as a result of prior violations of this title committed while operating a commercial motor vehicle, the person's commercial driver license is revoked, suspended or canceled or the person is disqualified from operating a commercial motor vehicle.

(vi) Causing a fatality through the negligent operation of a commercial motor vehicle, including a conviction of manslaughter, homicide or negligent homicide resulting from operation of a motor vehicle.

2. For at least three years, if the person is convicted of any of the violations prescribed in paragraph 1 of this subsection and the violation occurred while the person was transporting a hazardous material in the quantity and under the circumstances that require placarding of the transport vehicle under the department's safety rules pursuant to chapter 14 of this title.

3. For the life of the person, if the person is convicted of two or more violations of any of the offenses prescribed in paragraph 1 of this subsection or of any combination of those offenses arising from two or more separate incidents. The department shall consider only offenses committed from and after December 31, 1989 in applying this paragraph.

4. Permanently if the person is convicted of using any motor vehicle in the commission of a felony involving the manufacture, distribution or dispensing of a controlled substance or possession with intent to manufacture, distribute or dispense a controlled substance.

5. For at least sixty consecutive days, if the person is convicted of two serious traffic violations committed in a motor vehicle arising from separate incidents occurring within a three year three-year period from the date of the violation.

6. For at least one hundred twenty days served in addition to any other disqualification, if the person is convicted of a third or subsequent serious traffic violation committed in a motor vehicle arising from separate incidents occurring within a three year three-year period from the date of the violation.

7. For at least sixty consecutive days, if the department determines that the person falsified information or documentation as part of the licensing process.

8. For at least one year, if the person is convicted of fraud related to the issuance of a commercial instruction learner's permit or commercial driver license.

9. Permanently if the person is convicted of any of the following offenses or an offense committed in another jurisdiction that if committed in this state would be a violation of any of the following offenses and a commercial motor vehicle was used in the commission of the offense:

(a) Sex trafficking pursuant to section 13-1307.

(b) Trafficking of persons for forced labor or services pursuant to section 13-1308.

B. Except as provided in subsection C of this section, a person who is required to have a commercial driver license or a commercial driver license holder and who is found responsible for violating an out‑of‑service order pursuant to section 28‑5241 is disqualified from driving a commercial motor vehicle as follows:

1. For a period of one hundred eighty days if the person is found responsible for a first violation of an out‑of‑service order.

2. For a period of two years if the person is found responsible for a second violation of any out‑of‑service order during any ten year ten‑year period arising from separate incidents.

3. For a period of three years if the person is found responsible for a third or subsequent violation of any out‑of‑service order during any ten year ten-year period arising from separate incidents.

C. A person who is required to have a commercial driver license or a commercial driver license holder and who is found responsible for violating an out‑of‑service order pursuant to section 28‑5241 while transporting hazardous materials or while operating a commercial motor vehicle designed or used to transport sixteen or more passengers, including the driver, is disqualified from driving a commercial motor vehicle as follows:

1. For a period of one hundred eighty days if the person is found responsible for a first violation of an out‑of‑service order.

2. For a period of three years if the person is found responsible for a second or subsequent violation of any out‑of‑service order during any ten year ten-year period arising from separate incidents.

D. A person who is required to have a commercial driver license or a commercial driver license holder and who is convicted of or found responsible for violating any federal, state or local railroad grade crossing law, ordinance or regulation is disqualified from driving a commercial motor vehicle as follows:

1. For a period of sixty days if a person is convicted of or found responsible for a first violation.

2. For a period of one hundred twenty days if a person is convicted of or found responsible for a second violation during any three year three-year period.

3. For a period of one year if a person is convicted of or found responsible for a third or subsequent violation during any three year three-year period.

E. If a federal agency determines that a commercial motor vehicle licensee is driving in a manner that constitutes an imminent hazard, the department, on receipt of notification by the federal government, shall disqualify the driver for a period not to exceed one year. The disqualification shall run concurrently with any other disqualification imposed on the driver. For the purposes of this subsection, "imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury or a substantial endangerment to health, property or the environment may occur before the reasonably foreseeable completion date of a formal proceeding to decrease the risk of death, illness, injury or endangerment.

F. The department shall keep records of findings of responsibility for a civil traffic violation and of conviction of any moving criminal traffic violation for a commercial driver licensee for violations in any type of motor vehicle and for a person required to have a commercial driver license if the violations arise from the operation of a commercial motor vehicle. The department shall make the records available to other states, the United States secretary of transportation, the driver and any motor carrier or prospective motor carrier or the motor carrier's designated agent within ten days after receiving a report of a conviction or finding of responsibility in this state or receipt of a report of a conviction or finding of responsibility or disqualification received from another state.

G. Disqualification for a serious traffic violation committed by a commercial driver license holder while operating a noncommercial motor vehicle applies only if the conviction results in the revocation, cancellation or suspension of the person's commercial driver license or noncommercial driver license.

H. The department may adopt rules establishing guidelines and conditions under which the department may reduce a disqualification for life pursuant to subsection A, paragraph 3 of this section to a disqualification of at least ten years. If a person's disqualification is reduced pursuant to rules adopted pursuant to this subsection and the person is subsequently convicted of a violation described in subsection A, paragraph 1 of this section, the person is permanently disqualified from driving a commercial vehicle and is not eligible to apply for a reduction of the disqualification pursuant to rules adopted pursuant to this subsection.

I. Except as provided in subsection E of this section, the beginning date of the disqualification shall be ten days after the date the department receives the report of conviction or finding of responsibility.

J. For the purposes of this section, "serious traffic violation" means a conviction or finding of responsibility for any of the following:

1. Excessive speeding involving a single offense for a speed of fifteen miles per hour or more above the posted speed limit.

2. Reckless driving as provided by section 28‑693.

3. Aggressive driving as provided by section 28‑695.

4. Racing as defined in section 28‑708.

5. Improper or erratic traffic lane changes as provided by section 28‑729.

6. Following the vehicle ahead too closely as provided by section 28‑730.

7. A violation of this title that is connected with a fatal traffic accident.

8. Driving a commercial motor vehicle if the person has not been issued a valid commercial driver license pursuant to this chapter.

9. Driving a commercial motor vehicle without a commercial driver license in the person's possession.

10. Driving a commercial motor vehicle without having a valid endorsement for the type of commercial motor vehicle or motor vehicle combination being operated.

11. Driving a commercial motor vehicle while using a portable wireless communication device as provided by section 28‑914. END_STATUTE

Sec. 13. Section 28-4805, Arizona Revised Statutes, is amended to read:

START_STATUTE28-4805. Towing company; partial reimbursement; registration; payment forfeiture

A. If a vehicle is abandoned pursuant to section 28‑4802 and a fee is collected by the department, the towing company that towed the abandoned vehicle, if still in business, is entitled to receive twenty percent of the fee collected as a partial reimbursement of the costs incurred by the towing company.

B. A towing company that is owed partial reimbursement under subsection a of this section is required to register with the state's procurement office in order to qualify for payment. Failure to register with the state's procurement office will result in denial of payment and forfeiture of the payment.

C. The department shall make three good faith attempts to contact the towing company identified as having towed an abandoned vehicle pursuant to section 28-4802 in order to facilitate payment of the partial reimbursement under subsection a of this section. Notwithstanding any other law and After the good faith effort required by this subsection, if the department does not receive a response from or is unable to make contact with the towing company after thirty days, the payment is subject to forfeiture and will revert to the abandoned vehicle administration fund established by section 28-4804. END_STATUTE

Sec. 14. Section 28-7143, Arizona Revised Statutes, is amended to read:

START_STATUTE28-7143. Moving and related expenses; payment; substitute payments

A. As a part of the cost of construction and on proper application to the department, the department shall pay to a displaced person, business or farm operation:

1. Actual reasonable expenses in moving the displaced person and the displaced person's family, business, farm operation or other personal property.

2. Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not more than the reasonable expenses that would have been required to relocate the property as determined by the department.

3. Actual reasonable expenses in searching for a replacement business or farm.

4. Actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization or small business at its new site pursuant to criteria established by the department, but not more than twenty-five thousand dollars $50,000.

B. A displaced person who is eligible for payments under subsection A of this section, who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection A of this section may receive an expense and dislocation allowance determined according to a schedule established by the director.

C. A displaced person who is eligible for payments under subsection A of this section, who is displaced from the person's place of business or farm operation and who is eligible under criteria established by the department may elect to accept, instead of the payment authorized by subsection A of this section, a fixed payment in an amount that is determined according to criteria established by the department and that is at least one thousand dollars $1,000 but not more than forty thousand dollars $40,000. A person whose sole business at the displacement dwelling is the rental of the property to others does not qualify for a payment under this subsection. END_STATUTE

Sec. 15. Section 28-7314, Arizona Revised Statutes, is amended to read:

START_STATUTE28-7314. Publisher powers and duties; award of contract

A. The publisher may:

1. Subject to approval of the director, direct the organization of the section of publications and employ or enter into contracts for distribution and wholesale sale of the magazine.

2. Make quarterly reports to the director of expenditures by the section and the work accomplished under the publisher's direction and include other matters as the director deems proper or requires.

3. Make expenditures to advertise and promote the sale and distribution of the publications authorized by this article.

4. Approve claims for expenditures in connection with the publication of the magazine and for expenditures in connection with the publication.

5. Subject to the approval of the director, contract for the publication, production, sale and distribution of sole source creative products. As used in For the purposes of this paragraph, "sole source creative products" means items that in the professional judgment of the publisher are available from a single source, such as material protected by copyright, specific photographs and original artwork, for the magazine or maps, pamphlets and other descriptive material.

6. Accept donations to the Arizona highways magazine to promote tourism in this state as prescribed in section 28-7312.

B. The director may award a contract to the bidder that has the facilities and equipment to perform all phases of production in a workmanlike and timely manner with the quality and workmanship desired in the publication. A contract period for printing and publishing shall not exceed five years.

C. The publisher may refund all cancelled canceled purchases and subscriptions on claims signed by the publisher. END_STATUTE

Sec. 16. Section 28-7315, Arizona Revised Statutes, is amended to read:

START_STATUTE28-7315. Arizona highways magazine fund

A. An Arizona highways magazine fund is established.

B. The fund consists of monies:

1. Appropriated by the legislature from the state highway fund of not more than five hundred thousand dollars $500,000 annually.

2. Received from the sales of subscriptions, single copies, maps, pamphlets and other descriptive material.

3. Deposited pursuant to section 28-2429.

4. Donated to the Arizona highways magazine to promote tourism in this state as prescribed in section 28-7312.

C. The monies appropriated to the fund shall be spent in conformity with the laws governing state financial operations, except that:

1. Balances remaining at the end of the fiscal year do not revert to the general or state highway fund.

2. Expenditures are exempt from section 35‑173.

D. The state treasurer shall invest and divest monies in the Arizona highways magazine fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund. END_STATUTE

Sec. 17. Section 28-8325, Arizona Revised Statutes, is amended to read:

START_STATUTE28-8325. Registration fee; certificate

A. On payment of a registration fee of five dollars $5, the license tax and the penalty, if any, the department shall issue a registration certificate and license decal that must be kept with the aircraft at all times.

B. The license decal shall be displayed on the aircraft at all times in the manner prescribed by the department.

C. On satisfactory proof of the loss or destruction of the license decal, the department shall issue a duplicate of the license decal to the owner on payment of a four dollar fee. END_STATUTE

Sec. 18. Section 32-2351, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2351. Definitions

In this chapter, unless the context otherwise requires:

1. "Agent" means any person who, for compensation, enrolls or attempts to enroll residents of this state in a professional driver training school through personal or telephone contact, advertisement, mail or any other type of publication.

2. "Director" means the director of the department of transportation.

3. "Instructor" means any person, whether acting for himself as an operator of a professional driver training school or for any such school for compensation, who teaches, conducts classes of, gives demonstrations to, or supervises the practice of persons learning to operate or drive motor vehicles or preparing to take an examination for a driver license or instruction permit, and any person who supervises the work of any other instructor.

4. "Professional driver training school" or "school" means a business enterprise conducted by an individual, association, partnership, or corporation that educates and trains persons, either practically or theoretically, or both, to operate or drive commercial motor vehicles, that prepares applicants for an examination given by the state for a commercial driver license or instruction learner's permit and that charges a consideration or tuition for these services. END_STATUTE

Sec. 19. Conditional enactment

Section 28‑2098, Arizona Revised Statutes, as added by Laws 2018, chapter 298, section 5 and amended by this act, becomes effective on the date prescribed by Laws 2018, chapter 298, section 12 but only on the occurrence of the condition prescribed by Laws 2018, chapter 298, section 12 and not before the effective date of this act.