HB2144 - 551R

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

Section 1. Section 28-907, Arizona Revised Statutes, is amended to read:

START_STATUTE28-907. Child restraint system; civil penalty; exemptions; notice; child restraint fund; definitions

A. Except as provided in subsection H of this section, a person shall not operate a motor vehicle on the highways in this state when transporting a child who is under five years of age unless that child is properly secured in a child restraint system.

B. The operator of a motor vehicle that is designed for carrying ten or fewer passengers, that is manufactured for the model year 1972 and thereafter and that is required to be equipped with an integrated lap and shoulder belt or a lap belt pursuant to the federal motor vehicle safety standards prescribed in 49 Code of Federal Regulations section 571.208 shall require each passenger who is at least five years of age, who is under eight years of age and who is not more than four feet nine inches tall to be restrained in a child restraint system.

C. The department shall adopt standards in accordance with Child restraint systems shall meet the requirements of 49 Code of Federal Regulations section 571.213 for the performance, design and installation of child restraint systems for use in motor vehicles as prescribed in this section.

D. A person who violates this section is subject to a civil penalty of fifty dollars $50, except that a civil penalty shall not be imposed if the person makes a sufficient showing that the motor vehicle has been subsequently equipped with a child restraint system that meets the standards adopted pursuant to subsection C of this section. A sufficient showing may include a receipt mailed to the appropriate court officer that evidences purchase or acquisition of a child restraint system. The court imposing and collecting the civil penalty shall deposit, pursuant to sections 35-146 and 35-147, the monies, exclusive of any surcharges imposed pursuant to sections 12-116.01 and 12-116.02, in the child restraint fund.

E. If a law enforcement officer stops a vehicle for an apparent violation of this section, the officer shall determine from the driver the age and height of the child or children in the vehicle to assess whether the child or children in the vehicle should be in child restraint systems.

F. If the information given to the officer indicates that a violation of this section has not been committed, the officer shall not detain the vehicle any further unless some additional violation is involved. The stopping of a vehicle for an apparent or actual violation of this section is not probable cause for the search or seizure of the vehicle unless there is probable cause for another violation of law.

G. The requirements of this section or evidence of a violation of this section are not admissible as evidence in a judicial proceeding except in a judicial proceeding for a violation of this section.

H. This section does not apply to any of the following:

1. A person who operates a motor vehicle that was originally manufactured without passenger restraint devices.

2. A person who operates a motor vehicle that is also a recreational vehicle as defined in section 41-4001.

3. A person who operates a commercial motor vehicle and who holds a current commercial driver license issued pursuant to chapter 8 of this title.

4. A person who must transport a child in an emergency to obtain necessary medical care.

5. A person who operates an authorized emergency vehicle that is transporting a child for medical care.

6. A person who transports more than one child under eight years of age in a motor vehicle that because of the restricted size of the passenger area does not provide sufficient area for the required number of child restraint systems, if both of the following conditions are met:

(a) At least one child is restrained or seated as required by this section.

(b) The person has secured as many of the other children in child restraint systems pursuant to this section as is reasonable given the restricted size of the passenger area and the number of passengers being transported in the motor vehicle.

I. Before the release of any newly born child from a hospital, the hospital in conjunction with the attending physician shall provide the parents of the child with a copy of this section and information with regard to the availability of loaner or rental programs for child restraint systems that may be available in the community where the child is born.

J. A The child restraint fund is established. The fund consists of all civil penalties deposited pursuant to this section and any monies donated by the public. The department of child safety shall administer the fund.

K. The department of child safety shall purchase child restraint systems that meet the requirements of this section from monies deposited in the fund. If a responsible agency requests child restraint systems and if they are available, the department of child safety shall distribute child restraint systems to the requesting responsible agency.

L. On the application of a person to a responsible agency on a finding by the responsible agency to which the application was made that the applicant is unable to acquire a child restraint system because the person is indigent and subject to availability, the responsible agency shall lend the applicant a child restraint system at no charge for as long as the applicant has a need to transport a child who is subject to this section.

M. Monies in the child restraint fund shall not exceed twenty thousand dollars $20,000. All monies collected over the twenty thousand dollar $20,000 limit shall be deposited in the Arizona highway user revenue fund established by section 28-6533.

N. For the purposes of this section:

1. "Child restraint system" means an add-on child restraint system, a built-in child restraint system, a factory-installed built-in child restraint system, a rear-facing child restraint system or a booster seat as defined in 49 Code of Federal Regulations section 571.213.

2. "Indigent" means a person who is defined as an eligible person pursuant to section 36-2901.01.

3. "Responsible agency" means a licensed hospital, a public or private agency providing shelter services to victims of domestic violence, a public or private agency providing shelter services to homeless families or a health clinic. END_STATUTE

Sec. 2. Section 28-955.01, Arizona Revised Statutes, is amended to read:

START_STATUTE28-955.01. Motorcycles; noise level equipment; unauthorized equipment

A. A person shall not operate or as an owner permit allow the operation of a motorcycle in this state that is not equipped with the manufacturer's original muffler or other original noise reduction equipment or with a replacement muffler or replacement noise reduction equipment capable of reducing the noise levels below the maximum operating noise levels established by the department pursuant to section 28-955.02 40 code of federal regulations section 205.152.

B. A person shall not use a muffler cutout, bypass or similar device on a motorcycle operated in this state. END_STATUTE

Sec. 3. Repeal

Section 28-955.02, Arizona Revised Statutes, is repealed.

Sec. 4. Section 28-955.03, Arizona Revised Statutes, is amended to read:

START_STATUTE28-955.03. Exemption for racing motorcycles; definition

A. Sections Section 28-955.01 and 28-955.02 do does not apply to a racing motorcycle operated in a racing event or in a facility used for a racing event.

B. For the purposes of this section, "racing motorcycle" means either:

1. A motorcycle that is intended by the manufacturer to be operated at a facility used for a racing event.

2. A motorcycle that has been modified by the owner to be operated at a facility used for a racing event. END_STATUTE

Sec. 5. Section 28-5610, Arizona Revised Statutes, is amended to read:

START_STATUTE28-5610. Exemptions

A. The following are exempt from motor vehicle fuel and use fuel taxes imposed by section 28-5606 and aviation fuel taxes imposed by section 28-8344:

1. Motor fuel for which proof of export is available in the form of a terminal-issued destination state shipping paper or bill of lading and that is either:

(a) Exported by a supplier who is licensed in the destination state.

(b) Sold by a supplier to a distributor for immediate export.

2. Motor fuel that was acquired by a distributor, as to which the tax imposed by this article or section 28-8344 has previously been paid or accrued and that was subsequently exported by transport truck by or on behalf of the distributor in a diversion across state boundaries properly reported to the department. If diverted by a distributor, the distributor shall perfect the exemption by filing a refund application with the department within six months after the diversion.

3. Motor vehicle fuel or use fuel that is sold within an Indian reservation to an enrolled member of the Indian tribe who is living on the Indian reservation established for the benefit of that Indian tribe and that is used by the enrolled member for the enrolled member's own benefit. This exemption does not apply to sales within an Indian reservation by an Indian or Indian tribe to non-Indian consumers or to Indian consumers who are not members of the Indian tribe for which the Indian reservation was established or to use fuel used to operate motor vehicles for a commercial purpose outside of the reservation on highways in this state. For the purposes of this paragraph, "Indian" means an individual who is registered on the tribal rolls of the Indian tribe for whose benefit the Indian reservation was created.

4. Motor vehicle fuel or use fuel used solely and exclusively as fuel to operate a motor vehicle on highways in this state if the motor vehicle is leased to or owned by and is being operated for the sole benefit of an Indian tribe for governmental purposes only.

5. Motor fuel that is moving in interstate or foreign commerce and that is not destined or diverted to a point in this state.

6. Motor vehicle or aviation fuel that is sold to the United States or an instrumentality or agency of the United States.

7. Taxable use fuel that has been accidentally contaminated so as to be unsalable as highway fuel as proved by proper documentation.

8. Dyed diesel fuel, including fuel used by either of the following:

(a) A farm tractor or implement of husbandry designed primarily for or used in agricultural operations and only incidentally operated or moved on a highway.

(b) A road roller or vehicle that is all of the following:

(i) Designed and used primarily for grading, paving, earthmoving or other construction work on a highway.

(ii) Not designed or used primarily for transportation of persons or property.

(iii) Incidentally operated or moved over the highway.

B. A use class vehicle shall pay the use fuel tax for light class motor vehicles prescribed by section 28-5606, subsection B, paragraph 1 if the vehicle is a truck and satisfies all of the following:

1. Is at least twenty-five years old.

2. Has been issued a historic vehicle license plate pursuant to section 28-2484.

3. Is not used as a commercial vehicle.

C. Notwithstanding subsection A, paragraph 8 of this section, the following are not exempt from use fuel taxes imposed by section 28-5606:

1. A vehicle that was originally designed for the transportation of persons or property and to which machinery is attached or on which machinery or other property may be transported.

2. A dump truck.

3. A truck mounted transit mixer.

4. A truck or trailer mounted crane.

5. A truck or trailer mounted shovel.

D. Except as provided in subsection subsections E and F of this section, a person who claims an exemption pursuant to this section shall perfect the exemption by claiming a refund pursuant to section 28-5612.

E. Subject to sections 28-5645, through 28-5646, 28-5647, 28-5648, and 28-5649, dyed diesel fuel is exempt from use fuel taxes at the time of sale.

F. Motor fuel that originates outside this state, is moving in interstate or foreign commerce and is not destined or diverted to a point in this state is exempt from motor fuel taxes as the motor fuel travels across this state. END_STATUTE

Sec. 6. Section 28-7675, Arizona Revised Statutes, is amended to read:

START_STATUTE28-7675. Fund; annual financial audit and report

A. The transportation board shall annually cause a financial audit to be made of the fund. The financial audit shall be conducted by a certified public accountant within six months after the end of each fiscal year. The board shall immediately file a certified copy of the audit with the auditor general.

B. The board shall pay any fees and costs of the financial audit under this section from the fund.

C. The transportation board is exempt from subsection A of this section if all of the following apply:

1. Unexpended monies do not remain in the fund except interest and investment earnings deposited pursuant to section 28-7674, subsection B, paragraph 6.

2. THere are no outstanding eligible project loans in the fund.

3. All approved or pending eligible project loans or other financial assistance applications are disbursed, and the board does not expect additional financial assistance applications.

4. There are no outstanding board funding obligations due to the state treasurer. END_STATUTE

Sec. 7. Section 28-8322, Arizona Revised Statutes, is amended to read:

START_STATUTE28-8322. Registration; exceptions; definition

A. Aircraft based in this state shall be registered with the department.

B. A person or governmental entity shall register an aircraft by applying to the department on a form provided by the department within sixty days after the aircraft is brought into this state. A person who registers an aircraft shall renew the registration annually for each calendar year on or before the last day of February as required pursuant to section 28-8322.01.

C. The department shall not issue a registration certificate for an aircraft to a person who is subject to the use tax paid pursuant to title 42, chapter 5, article 4 unless the applicable tax has been paid as shown by a receipt from the collecting officer.

D. Subsections A and B of this section do not apply to 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 bases the aircraft in this state for a period of not more than ninety consecutive days or ninety days in any one calendar year, if the aircraft is not engaged in intrastate commercial activity.

3. A balloon.

E. Aircraft, except aircraft included in subsection D, paragraph 1 of this section, entering the state to engage in intrastate commercial operations shall be registered before commencing these operations.

F. For the purposes of this section, "balloon" means either:

1. An aircraft that is a flexible, nonporous bag inflated with a gas lighter than air.

2. A hot air balloon. END_STATUTE

Sec. 8. Title 28, chapter 25, article 4, Arizona Revised Statutes, is amended by adding sections 28-8322.01 and 28-8322.02, to read:

START_STATUTE28-8322.01. Staggered aircraft registration

A. THe director shall establish a system of staggered registration on a monthly basis to distribute the work of registering aircraft as uniformly as practicable throughout the twelve months of the calendar year.

B. All aircraft registrations under this article expire pursuant to schedules established by the director. The director may set the number of renewal periods within the month to one each month to one each day depending on which system is most economical and best ACCOMMODATES the public.

C. If adoption of the staggered system results in the expiration of any registration more than one year from its issuance, the department shall charge a prorated license tax that is one-twelfth for each full month of the registration cycle and a full registration fee.

D. In order to initiate a system of registering or reregistering aircraft during any month of the calendar year, the director may register or reregister an aircraft for more or less than a twelve-month period, but not more than eighteen months, and may prorate the license tax by one-twelfth for each full month of the registration cycle and charge a full registration fee.

E. The director or a registering officer may 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.

F. The director shall adopt rules necessary to implement this section. END_STATUTE

START_STATUTE28-8322.02. Fleet registration; requirements

A. In lieu of the staggered aircraft registration requirements under section 28-8322.01, a person may register a fleet of two or more aircraft on an annual basis so that the registrations for all aircraft in the fleet expire in the same month.

B. THe director shall approve the request for fleet registration if the applicant, at least thirty days before the registration date, provides both of the following:

1. An application containing information necessary for qualification as a fleet registrant.

2. A list of all aircraft to be included in the fleet.

C. For the purposes of establishing a new fleet registrant and in order to establish a uniform month of expiration:

1. The department shall maintain the valuation for aircraft determined pursuant to section 28-8335 at the current valuation if it is necessary to calculate a prorated license tax.

2. THe license tax for that year on the aircraft shall be prorated by one-twelfth for each full month of the registration cycle.

3. THe aircraft owner shall pay the full registration fee. The registration may not be prorated. END_STATUTE

Sec. 9. Section 28-8324, Arizona Revised Statutes, is amended to read:

START_STATUTE28-8324. Registration; license tax; proration; fee

A. Aircraft on which a license tax is due under section 28-8335 shall not be registered until the license tax is paid.

B. If an aircraft that was not previously subject to registration in this state becomes subject to registration, after the beginning of the calendar year: the aircraft shall be registered pursuant to section 28-8322.01.

1. The license tax for that year on the aircraft shall be reduced by one-twelfth for each full month of the calendar year that has expired.

2. The aircraft owner shall pay the full registration fee. The registration fee shall not be prorated. END_STATUTE

Sec. 10. 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. 11. Section 28-8329, Arizona Revised Statutes, is amended to read:

START_STATUTE28-8329. Late registration; penalty; abatement

A. If an aircraft required to be registered under this article is not registered within sixty days after its entry into this state and renewed annually on or before the last day of February pursuant to section 28-8322.01, a penalty of twenty-five dollars $25 for the first month and five dollars $5 for each succeeding month of delinquency shall be added to the registration fee and collected unless an exemption for the aircraft is established pursuant to this article.

B. Registration of the aircraft for the year immediately preceding the year for which the application for registration is made is prima facie evidence that the aircraft has been based in this state during the year for which the application for registration is made.

C. The director may abate all or a part of any penalty assessed for failure to register an aircraft within the time periods prescribed in this article if the director believes that reasonable cause exists for the failure to register the aircraft as provided by this article. For the purposes of this subsection, "reasonable cause" means a reasonable basis for the person responsible for registration of the aircraft to believe that the aircraft was exempt from registration requirements. END_STATUTE

Sec. 12. Section 28-8335, Arizona Revised Statutes, is amended to read:

START_STATUTE28-8335. License tax; tax rate

A. An annual license tax is imposed on all aircraft based in this state and required to be registered pursuant to this article, unless an exemption for the aircraft is established pursuant to this article. The license tax is payable to the department on initial registration and annually on or before the last day of February pursuant to section 28-8322.01.

B. Except as provided in sections 28-8336, through 28-8337, 28-8338, 28-8339, 28-8340 and 28-8341, the department shall determine and assess the license tax prescribed by subsection A of this section on the basis of one-half per cent percent of the average fair market value of the particular make, model and year of aircraft. The tax assessed under this subsection shall not be less than twenty dollars $20 for a full year of registration. END_STATUTE

Sec. 13. Section 28-8337, Arizona Revised Statutes, is amended to read:

START_STATUTE28-8337. Stored or repaired aircraft; license tax rate

A. The annual license tax for aircraft that is in storage or that is being repaired is twenty dollars $20 for each aircraft, except for an aircraft taxed under section 28-8341.

B. To qualify for the tax under this section, the aircraft owner shall annually file a sworn affidavit on a form provided by the department with the department not later than the last day of February the registration cycle or within sixty days after the aircraft is placed in storage or under repair on entry into this state.

C. The owner of an aircraft that is subject to the tax under this section shall notify the department within ten days of the date the aircraft is returned to use and shall pay the appropriate license tax, if any, prorated on the basis of one-twelfth for each month remaining in the calendar year registration cycle beginning with the first month the aircraft is restored to use. END_STATUTE

Sec. 14. Section 28-8338, Arizona Revised Statutes, is amended to read:

START_STATUTE28-8338. Salvage aircraft; license tax rate; definition

A. The annual license tax for a salvage aircraft that is in storage or that is being restored is five dollars $5 for each aircraft, and the tax shall not be prorated.

B. To qualify for the tax under this section, the salvage aircraft owner shall annually file a sworn affidavit on a form provided by the department with the department not later than the last day of February the registration cycle or within sixty days after the aircraft is placed in storage or under restoration on entry into this state.

C. The salvage aircraft owner who is subject to the tax under this section shall notify the department within ten days of the date the aircraft is returned to use and shall pay the appropriate license tax, if any, prorated on the basis of one-twelfth for each month remaining in the calendar year registration cycle beginning with the first month the aircraft is returned to use.

D. For the purposes of this section, "salvage aircraft" means an aircraft that is being restored and that is not meant to be flown. END_STATUTE

Sec. 15. Section 28-8339, Arizona Revised Statutes, is amended to read:

START_STATUTE28-8339. Special aircraft; license tax rate; definitions

A. The annual license tax for an antique aircraft, classic aircraft, warbird aircraft, glider aircraft, experimental, aircraft or homebuilt or balloon aircraft is twenty dollars $20 for each aircraft.

B. To qualify for the tax under this section, the aircraft owner shall annually apply on a form provided by the department to the department not later than the last day of February the registration cycle or within sixty days after entry into this state.

C. For the purposes of this section:

1. "Antique aircraft" means an aircraft that has a year of original manufacture and federal certification that is fifty years old or older.

2. "Balloon" means either:

(a) An aircraft that is a flexible, nonporous bag inflated with a gas lighter than air.

(b) A hot air balloon.

3. 2. "Classic aircraft" means an aircraft that has a year of original manufacture and federal certification that is at least forty years old but not more than forty-nine years old.

4. 3. "Experimental aircraft" means an aircraft that is designated as experimental on its federal aviation administration airworthiness certificate.

5. 4. "Glider aircraft" means a light, engineless aircraft that is designed to glide after being towed aloft or launched from a catapult.

6. 5. "Homebuilt aircraft" means an aircraft that is constructed primarily by an individual for the individual's personal use excluding an aircraft that is constructed primarily by a for profit aircraft manufacturing business.

7. 6. "Warbird aircraft" means an aircraft that is built before January 1, 1948 expressly for the purpose of military service. END_STATUTE

Sec. 16. Section 28-8340, Arizona Revised Statutes, is amended to read:

START_STATUTE28-8340. Manufacturer's aircraft; definition

A. The annual license tax for a manufacturer's aircraft is twenty dollars $20 for each aircraft.

B. To qualify for the tax under this section, the manufacturer's aircraft owner shall annually file a sworn affidavit on a form provided by the department with the department not later than the last day of February the registration cycle or within sixty days after entry into this state.

C. For the purposes of this section, "manufacturer's aircraft" means an aircraft that is both:

1. Manufactured under a production certificate issued by the federal aviation administration under federal air regulations part 21.

2. Owned by the manufacturer for purposes of completing manufacture or sale. END_STATUTE

Sec. 17. Section 28-8341, Arizona Revised Statutes, is amended to read:

START_STATUTE28-8341. Maintenance aircraft; license tax rate; definition

A. The annual license tax for a maintenance aircraft owned by a nonresident is twenty dollars $20 for each aircraft, unless an exemption is established pursuant to this article. The tax shall not be prorated.

B. To qualify for the tax under this section, the nonresident owner or representative of the owner shall annually file a sworn affidavit on a form provided by the department with the department not later than the last day of February the registration cycle or within ninety days after the maintenance aircraft enters this state.

C. For the purposes of this section, "maintenance aircraft" means an aircraft that is not based in this state but that is present in this state solely for the purpose of maintenance, repair or servicing at a federal certified maintenance facility. END_STATUTE

Sec. 18. Section 28-8342, Arizona Revised Statutes, is amended to read:

START_STATUTE28-8342. Fair market value determination

For the calendar year registration cycle, the department shall annually determine the fair market value required by sections 28-8335 and 28-8336 as established by the dealer price guides or other recognized reliable source of information. END_STATUTE