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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature First Regular Session |
House: TRANS DP 12-0-0-0 |
HB 2144: ADOT revisions; aircraft staggered registration
Sponsor: Representative Pratt, LD 8
Caucus & COW
Overview
Makes revisions to transportation statutes relating to aircraft registration, motor fuel tax exemptions, the Highway Expansion and Extension Loan Program Fund (Fund) audit and rules for child restraint system standards and motorcycle noise levels.
History
An aircraft that is based in Arizona is required to be registered with the Arizona Department of Transportation (ADOT). A person or governmental entity must register an aircraft by applying to ADOT within 60 days after the aircraft if brought into the state. A person who registers an aircraft is required to renew the registration annually for each calendar year on or before the last day of February. This registration requirement does not apply to an aircraft that is:
1) Operated by an airline company and regularly scheduled for the primary purpose of carrying persons or property for hire in interstate, intrastate or international transportation.
2) Owned by a nonresident who based the aircraft in Arizona for a period of not more than 90 consecutive days or 90 days in one calendar year, if the aircraft is not engaged in intrastate commercial activity (A.R.S. § 28-8322).
ADOT is required to issue an aircraft registration certificate and license decal, upon payment of a $5 registration fee. The license decal must be displayed on the aircraft at all times in a manner that is prescribed by ADOT (A.R.S. § 28-8325).
Pursuant to A.R.S. § 28-5606, taxes are imposed on motor fuels in Arizona. Motor fuel taxes imposed are direct taxes on the consumer but are required to be collected and remitted to ADOT by suppliers as advance payment. Motor fuel that is moving in interstate or foreign commerce and that is not destined or diverted to a point in Arizona is exempt from the motor fuel taxes and a refund may be claimed (A.R.S. § 28-5610).
The Board of Transportation (BOT) is required to annually cause a financial audit to be made of the Fund. (A.R.S. § 28-7675).
ADOT is required to adopt rules relating to child restraint systems standards and motorcycle noise levels (A.R.S. § § 28-907, 28-955.02).
Provisions
Staggered Aircraft Registration (Sec. 8)
1.
Requires ADOT to establish a system of
staggered registration on a monthly basis to distribute the work of registering
aircraft as uniformly as practicable throughout the 12 months of the calendar
year.
2. States that all aircraft registrations expire pursuant to schedules established by ADOT.
3. Allows ADOT to set the number of renewal periods within the month to one each month to on each day depending on which system is most economical and best accommodates the public.
4. Requires ADOT to charge a prorated license tax that is one-twelfth for each full month of the registration cycle and a full registration fee, if adoption of the staggered system results in the expiration of any registration more than one year from its issuance.
5. Allows ADOT, in order to initiate a system of registering or reregistering aircraft during any month of the calendar year, to:
a) Register or reregister an aircraft for more or less than a 12-month period, but not more than 18 months;
b) Prorate the license tax by one-twelfth for each full month of the registration cycle and charge a full registration fee.
6. Allows ADOT to allow a person who owns two or more aircraft to register or reregister the aircraft for less than one year so that the aircraft's registrations expire on the same date.
7. Requires ADOT to adopt rules necessary to implement staggered aircraft registration.
Fleet Registration (Sec. 8)
8. Allows a person to register a fleet of two or more aircraft on an annual basis so that the registration of all aircraft in the fleet expire in the same month, in lieu of the staggered aircraft registration requirements.
9. Requires ADOT to approve the request for a fleet registration of the applicant, at least 30 days before the registration date, provides both of the following:
a) An application containing information necessary for qualification as a fleet registrant; and
b) A list of all aircraft to be included in the fleet.
10. Requires the following, for the purpose of establishing a new fleet registrant and a uniform month of expiration:
a) ADOT to maintain the valuation for aircraft determined pursuant to statute at the current valuation, if it is necessary to calculate a prorated license tax;
b) The license tax for that year on the aircraft to be prorated by one-twelfth for each full month of the registration cycle; and
c) The aircraft owner to pay the full registration fee which is prohibited from being prorated.
General Aircraft Registration (Sec. 7, 10, 15)
11. Requires an aircraft registration certificate to be kept with the aircraft at all times.
12. Removes the requirement that ADOT issue an aircraft license decal and for the decal to be displayed on the aircraft at all times.
13. Exempts a balloon from aircraft registration requirements with ADOT.
Highway Expansion and Extension Loan Program Fund (Fund) (Sec. 6)
14. Exempts the BOT from the annual financial audit of the Fund if all the following apply:
a) Unexpended monies do not remain in the Fund except interest and investment earnings deposited;
b) There are no outstanding eligible project loans or other financial assistance applications are disbursed, and the BOT does not expect additional financial assistance applications.
c) There are no outstanding BOT obligations due to the State Treasurer.
Motor Fuel Tax Exemptions (Sec. 5)
15. Exempts motor fuel that originates outside of Arizona, is moving in interstate or foreign commerce and is not destined or diverted to a point in Arizona from motor fuel taxes as the motor fuel travels across Arizona.
16. Exempts a person who claims this tax exemption from having to perfect the exemption by claiming a refund.
Child Restraint System Standards (Sec. 1)
17. Eliminates the requirement for ADOT to adopt rules in accordance with federal regulations for child restraint system standards.
18. Requires child restraint system standards to meet federal regulations.
Motorcycle Noise Levels (Sec. 2, 3)
19. Repeals the requirement for ADOT to establish rules for the maximum operating noise levels of motorcycles operating in Arizona.
20. Requires motorcycle noise level equipment required by statute to meet federal regulations.
Miscellaneous (Sec. 1, 2, 4, 5, 7, 9-18)
21. Makes technical and conforming changes.
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25. HB 2144
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