Bill Amendment: AZ HB2416 | 2015 | Fifty-second Legislature 1st Regular
Bill Title: DPS; towing contracts; surveys
Status: 2015-04-10 - Chapter 265 [HB2416 Detail]
Download: Arizona-2015-HB2416-SENATE_ADOPTED_AMENDMENT_Worsley_flr_amend_ref_APPROP_adopted.html
Bill Number: H.B. 2416
Worsley Floor Amendment
Reference to: APPROP amendment
Amendment drafted by: Liisa Laikko
FLOOR AMENDMENT EXPLANATION
1. Strikes the requirement that DPS adjust department contractual agreements to conform to base rates that are set by the Director and to reflect the results from the department rate surveys.
2. Deletes the requirements for DPS to conduct an initial rate survey and a survey of existing rates in even numbered years.
3. Requires the Director of DPS to consult with a statewide towing industry association and providers of towing services from each geographical towing area to review information including contract rates and the current industry retail rates each even numbered year. Allows DPS, prior to the expiration of an existing contract, to adjust the towing service fees to reflect the information received or any other relevant information.
4. Requires the Director to adopt guidelines to protect consumers against being overcharged for towing services. These guidelines must include provisions specifying a larger class of tow vehicle used for lighter tows must be billed at the lighter duty towing service rates.
5. Removes the specific requirements the rules adopted by the Director of DPS to protect consumers against being overcharged for towing services must include.
6. Requires, as statute, DPS to establish a heavy duty rotator recovery vehicle classification for towing services. The rules must include rates and general guidelines for the use of heavy duty rotator recovery vehicles and must define a "heavy duty rotator recovery vehicle."
7. Repeals the statutory definition and requirements for the heavy duty rotator recovery vehicle classification on the date that DPS adopts rules related to heavy duty rotator recovery vehicle classification.
8. Makes technical changes and conforming changes.
Fifty-second Legislature Worsley
First Regular Session H.B. 2416
WORSLEY FLOOR AMENDMENT
SENATE AMENDMENTS TO H.B. 2416
(Reference to APPROP amendment)
Page 10, line 27, strike “RULES” insert “guidelines”
Line 28, after the period strike remainder of line
Strike 29 through 37
Page 11, strike lines 1 through 6
Line 7 strike “(c)” insert “the guidelines shall specify that”
Strike lines 9 and 10
Page 12, line 12, strike the first comma, insert “and”, strike "and 41-1830.54"
Strike lines 13 through 19
Line 20, strike “41-1830.53” insert “41-1830.52”
Line 22, before the first “THE” insert “A.”
Strike line 25 through 29, insert:
“B. THE DIRECTOR SHALL CONSULT every even-numbered year WITH A”
Line 30, after “SERVICES” insert “FROM EACH GEOGRAPHICAL TOWING AREA, TO REVIEW information, including CONTRACT RATES and THE CURRENT INDUSTRY retail rates”
Line 31, strike “THE DATA CATEGORIES”
Strike line 32 and 33
Line 34, strike “DATA CATEGORY FROM THE PREVIOUS SURVEY CONDUCTED AND SHALL” insert:
“C. PRIOR TO THE EXPIRATION OF AN EXISTING CONTRACT THE DEPARTMENT MAY”
Line 35, after “REFLECT” strike the remainder of the line
Strike line 36, insert “INFORMATION RECEIVED PURSUANT TO SUBSECTION B OF THIS SECTION OR ANY OTHER RELEVANT INFORMATION.
41-1830.53. Heavy duty rotator recovery vehicle classification; rates and guidelines; definition
A. THE DEPARTMENT SHALL ESTABLISH A HEAVY DUTY ROTATOR RECOVERY VEHICLE CLASSIFICATION FOR TOWING SERVICES AND ESTABLISH RATES AND GENERAL GUIDELINES FOR THE USE OF HEAVY DUTY ROTATOR RECOVERY VEHICLES.
B. FOR THE PURPOSES OF THIS SECTION, "HEAVY DUTY ROTATOR RECOVERY VEHICLE" MEANS A TOW VEHICLE THAT HAS ALL OF THE FOLLOWING:
1. A MANUFACTURER'S GROSS VEHICLE WEIGHT RATING IN EXCESS OF FIFTY-TWO THOUSAND POUNDS.
2. A BOOM THAT IS CAPABLE OF MOVING ITS POSITION TO THE SIDE OF THE VEHICLE TO PERFORM RECOVERIES AND THAT HAS A BOOM RATING OF AT LEAST FORTY TONS.
3. AIR BRAKES THAT ARE CAPABLE OF PROVIDING AIR TO THE TOWED VEHICLE'S BRAKES."
Page 13, strike line 14 through 24
Renumber to conform
Line 26, after "A." insert "Section 41-1830.53, Arizona Revised Statutes, and"; strike "is" insert "are"
Page 14, strike lines 3 through 26
Amend title to conform