Bill Text: AZ HB2222 | 2023 | Fifty-sixth Legislature 1st Regular | Introduced


Bill Title: Driver license fees; homeless exemption

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2023-02-01 - House TI Committee action: Do Pass, voting: (9-1-1-0-0-0) [HB2222 Detail]

Download: Arizona-2023-HB2222-Introduced.html

 

 

 

REFERENCE TITLE: driver license fees; homeless exemption

 

 

 

 

State of Arizona

House of Representatives

Fifty-sixth Legislature

First Regular Session

2023

 

 

 

HB 2222

 

Introduced by

Representatives Gress: Longdon

 

 

 

 

 

 

 

 

An Act

 

amending title 28, chapter 2, article 4, Arizona Revised Statutes, by adding section 28-414; amending sections 28-3002, 28-3165 and 28-6993, Arizona Revised Statutes; appropriating monies; relating to the department of transportation.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1. Title 28, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 28-414, to read:

START_STATUTE28-414. Charitable organization agreement; personal identification document fund

A. The department may enter into an agreement with a charitable organization that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes and that works to end and prevent homelessness in this state to do the following:

1. Help persons acquire, at no cost to them, replacement personal identification documents, including birth certificates and other supporting documents.

2. Enable persons to have secure personal identification document storage and prevent loss, theft or destruction of the documents.

B. The personal identification document fund is established consisting of monies appropriated by the legislature and grants, gifts, devises and donations from any public or private source.  The department shall ADMINISTER the fund.  Monies in the fund are subject to legislative appropriation.  Fund monies shall be spent to support the charitable organization that is described in subsection A of this section.END_STATUTE

Sec. 2. Section 28-3002, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3002. Fees; driver licenses; disposition; exemption

A. The following fees are required:

1. For each original or initial application or renewal application, if a written examination is required, for the following:

(a) Class A driver license, twenty-five dollars $25.

(b) Class B driver license, twenty-five dollars $25.

(c) Class C driver license, twelve dollars fifty cents $12.50.

(d) Class D driver license issued pursuant to section 28-3171, ten dollars $10.

(e) Class M driver license issued pursuant to section 28-3171, ten dollars $10.

2. Except as provided in paragraph 1 of this subsection, for each original, renewal or reinstatement application for a class D, G or M license:

Age                                                   Fee

50 or older                                           $10.00

45-49                                                 $15.00

40-44                                                 $20.00

39 or younger                                         $25.00

3. For each original or initial application or renewal examination, if a written application is required, for the following endorsements to a driver license:

(a) Bus endorsement, ten dollars $10.

(b) Hazardous materials endorsement, ten dollars $10.

(c) Tank vehicle endorsement, ten dollars $10.

(d) Double-triple trailer endorsement, ten dollars $10.

(e) Motorcycle endorsement, seven dollars $7.

4. For taking each driving test for a:

(a) Class A driver license, twenty-five dollars $25.

(b) Class B driver license, twenty-five dollars $25.

(c) Class C driver license, twelve dollars fifty cents $12.50.

(d) Bus endorsement, five dollars $5.

5. For each application for an instruction permit under:

(a) Section 28-3154 or 28-3156, seven dollars $7.

(b) Section 28-3155, three dollars $3.

(c) Section 28-3225, class A, twenty-five dollars $25.

(d) Section 28-3225, class B, twenty-five dollars $25.

(e) Section 28-3225, class C, twelve dollars fifty cents $12.50.

6. For each renewal application, if a written examination is not required, for a:

(a) Class A driver license and any endorsement, other than a hazardous materials endorsement, to the license, fifteen dollars $15.

(b) Class B driver license and any endorsement, other than a hazardous materials endorsement, to the license, fifteen dollars $15.

(c) Class C driver license and any endorsement, other than a hazardous materials endorsement, to the license, ten dollars $10.

7. For each application for a duplicate of a driver license, an amount determined by the director.

8. For each application for a duplicate of an instruction permit, two dollars $2.

9. In addition to the fees prescribed in paragraph 2 of this subsection and except as provided in paragraph 11 of this subsection:

(a) For reinstatement of driving privileges after suspension or disqualification, ten dollars $10.

(b) For reinstatement of driving privileges after revocation, twenty dollars $20.

10. For each application for an extension by mail of a driver license, five dollars $5.

11. In addition to the fees prescribed in paragraph 2 of this subsection, for reinstatement of driving privileges that were suspended or denied pursuant to section 28-1385 after completion of the suspension or revocation, fifty dollars $50.

12. For vision screening tests of out-of-state drivers, five dollars $5.

13. For class D or M driver license skills tests for out-of-state drivers, fifteen dollars $15.

14. For a driver license or nonoperating identification license issued pursuant to section 28-3175, an amount to be determined by the director.

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

C. The fees established pursuant to by this section do not apply to a veteran person who does not have a residence address or whose residence address is the address of a shelter that provides services to the homeless.  For the purposes of this subsection, "veteran" has the same meaning prescribed in section 41-601. END_STATUTE

Sec. 3. Section 28-3165, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3165. Nonoperating identification license; immunity; rules; emancipated minors

A. On receipt of an application from a person who does not have a valid driver license issued by this state or whose driving privilege is suspended, the department shall issue a nonoperating identification license that contains a distinguishing number assigned to the licensee, the full legal name, the date of birth, the residence address and a brief description of the licensee and either a facsimile of the signature of the licensee or a space on which the licensee is required to write the licensee's usual signature with pen and ink. A nonoperating identification license that is issued to a person whose driving privilege is suspended shall not be valid for more than one hundred eighty days from the date of issuance.

B. On request of an applicant:

1. The department shall allow the applicant to provide on the nonoperating identification license a post office box address that is regularly used by the applicant.

2. If the applicant submits satisfactory proof to the department that the applicant is a veteran, the department shall allow a distinguishing mark to appear on the nonoperating identification license that identifies that person as a veteran.

C. A person who is issued a license pursuant to this section shall use it only for identification purposes of the licensee. The nonoperating identification license does not grant authority to operate a motor vehicle in this state. The department shall clearly label the nonoperating identification license "for identification only, not for operation of a motor vehicle".

D. On issuance of a driver license, the holder of a nonoperating identification license shall surrender the nonoperating identification license to the department and the department shall not refund any fee paid for the issuance of the nonoperating identification license.

E. A nonoperating identification license shall contain the photograph of the licensee. The department shall use a process in the issuance of nonoperating identification licenses that prohibits as nearly as possible the ability to superimpose a photograph on the license without ready detection. The department shall process nonoperating identification licenses and photo attachments in color.

F. On application, an applicant shall give the department satisfactory proof of the applicant's full legal name, date of birth, sex and residence address, if the applicant has a residence address, and that the applicant's presence in the United States is authorized under federal law.  The application shall briefly describe the applicant, state whether the applicant has been licensed, and if so, the type of license issued, when and by what state or country and whether any such license is under suspension, revocation or cancellation. The application shall contain other identifying information required by the department.

G. The department may adopt and implement procedures to deny a nonoperating identification license to a person who has been deported.  The department may adopt and implement procedures to reinstate a person's privilege to apply for a nonoperating identification license if the person's legal presence status is restored.

H. A nonoperating identification license issued by the department is solely for the use and convenience of the applicant for identification purposes.

I. The department shall adopt rules and establish fees for issuance of a nonoperating identification license, except that the department shall not require an examination.

J. The fees established pursuant to this section do not apply to any of the following:

1. A person who is sixty-five years of age or older.

2. A person who is a recipient of public monies as an individual with a disability under title XVI of the social security act, as amended.

3. A veteran person who does not have a residence address.

4. A veteran person whose residence address is the address of a shelter that provides services to the homeless.

5. A child who is in the custody of the department of child safety.

K. If a person qualifies for a nonoperating identification license and is under the legal drinking age, the department shall issue a license that is marked by color, code or design to immediately distinguish it from a nonoperating identification license issued to a person of legal drinking age. The department shall indicate on the nonoperating identification license issued pursuant to this subsection the year in which the person will attain the legal drinking age.

L. If a minor has been emancipated pursuant to title 12, chapter 15, on application and proof of emancipation, the department shall issue a nonoperating identification license that contains the words "emancipated minor".

M. Notwithstanding any other law, if an applicant for a nonoperating identification license is at least sixteen years of age and either does not have a residence address or is in the department of child safety's custody, the applicant does not need a signature of the applicant's parent, guardian, foster parent or employer.

N. For the purposes of this section, "veteran" has the same meaning prescribed in section 41-601. END_STATUTE

Sec. 4. Section 28-6993, Arizona Revised Statutes, is amended to read:

START_STATUTE28-6993. State highway fund; authorized uses

A. Except as provided in subsection B of this section and section 28-6538, the state highway fund shall be used for any of the following purposes in strict conformity with and subject to the budget as provided by this section and by sections 28-6997 through 28-7003:

1. To pay salaries, wages, necessary travel expenses and other expenses of officers and employees of the department and the incidental office expenses, including telegraph, telephone, postal and express charges and printing, stationery and advertising expenses.

2. To pay for both:

(a) Equipment, supplies, machines, tools, department offices and laboratories established by the department.

(b) The construction and repair of buildings or yards of the department.

3. To pay the cost of both:

(a) Engineering, construction, improvement and maintenance of state highways and parts of highways forming state routes.

(b) Highways under cooperative agreements with the United States that are entered into pursuant to this chapter and an act of Congress providing for the construction of rural post roads.

4. To pay land damages incurred by reason of establishing, opening, altering, relocating, widening or abandoning portions of a state route or state highway.

5. To reimburse the department revolving account.

6. To pay premiums on authorized indemnity bonds and on compensation insurance under the workers' compensation act.

7. To defray lawful expenses and costs required to administer and carry out the intent, purposes and provisions of this title, including repayment of obligations entered into pursuant to this title, payment of interest on obligations entered into pursuant to this title, repayment of loans and other financial assistance, including repayment of advances and interest on advances made to the department pursuant to section 28-7677, and payment of all other obligations and expenses of the board and department pursuant to chapter 21 of this title.

8. To pay lawful bills and charges incurred by the state engineer.

9. To acquire, construct or improve entry roads to state parks or roads within state parks.

10. To acquire, construct or improve entry roads to state prisons.

11. To pay the cost of relocating a utility facility pursuant to section 28-7156.

12. For the purposes provided in subsections C, D and E of this section and sections 28-1143, 28-2353 and 28-3003.

13. To pay the cost of issuing an Arizona centennial special plate pursuant to section 28-2448.

14. To pay for all of the following:

(a) The enforcement by the department of public safety and the department of transportation of vehicle safety requirements within twenty-five miles of the border between this state and Mexico.

(b) Costs related to procuring electronic equipment, automated systems or improvements to existing electronic equipment or automated systems for relieving vehicle congestion at ports of entry on the border between this state and Mexico.

(c) Constructing, maintaining and upgrading transportation facilities, including roads, streets and highways, approved by the board within twenty-five miles of the border between this state and Mexico.

(d) As approved by the board, constructing and maintaining transportation facilities in the CANAMEX high priority corridor as defined in section 332 of the national highway system designation act of 1995 (P.L. 104-59; 109 Stat. 568).

(e) Activities of the department that include collecting transportation and trade data in the United States and Mexico for the purposes of constructing transportation facilities, improving public safety, improving truck processing time and relieving congestion at ports of entry on the border between this state and Mexico. The department may enter into an agreement with the Arizona-Mexico commission and provide funding to the commission for the purposes of this subdivision.

(f) A commitment or investment necessary for the department or another agency of this state to obtain federal monies that are designated for expenditure pursuant to this section.

15. To support the charitable organization's efforts pursuant to section 28-414.

B. For each fiscal year, the department of transportation shall allocate and transfer monies in the state highway fund to the department of public safety for funding a portion of highway patrol costs in eight installments in each of the first eight months of a fiscal year that do not exceed $10,000,000.

C. Subject to legislative appropriation, the department may use the monies in the state highway fund as prescribed in section 28-6991, paragraph 12 to carry out the duties imposed by this title for registration or titling of vehicles, to operate joint title, registration and driver licensing offices, to cover the administrative costs of issuing the air quality compliance sticker, modifying the year validating tab and issuing the windshield sticker and to cover expenses and costs in issuing special plates pursuant to sections 28-2404, 28-2407, 28-2412 through 28-2470.17 and 28-2514.

D. The department shall use monies deposited in the state highway fund pursuant to chapter 5, article 5 of this title only as prescribed by that article.

E. Monies deposited in the state highway fund pursuant to section 28-2269 shall be used only as prescribed by that section.

F. Monies deposited in the state highway fund pursuant to section 28-710, subsection D, paragraph 2 shall only be used for state highway work zone traffic control devices.

G. The department may exchange monies distributed to the state highway fund pursuant to section 28-6538, subsection A, paragraph 1 for local government surface transportation program federal monies suballocated to councils of government and metropolitan planning organizations if the local government scheduled to receive the federal monies concurs. An exchange of state highway fund monies pursuant to this subsection shall be in an amount that is at least equal to ninety percent of the federal obligation authority that exists in the project for which the exchange is proposed.

H. The department shall use monies deposited in the state highway fund pursuant to section 28-1105, subsection A, paragraph 2, subdivision (a) only for a transportation facility that is located within twenty drivable miles of the international port of entry and shall spend the monies proportionally based on the amount of total monies collected pursuant to section 28-1105, subsection A, paragraph 2, subdivision (a).  For the purposes of this subsection, "transportation facility" means a highway or a state route or a county, city or town road that is used by a commercial vehicle or a commercial vehicle combination for which an axle fee is paid pursuant to section 28-5474. END_STATUTE

Sec. 5. Appropriation; personal identification document fund

The sum of $1,000,000 is appropriated from the state highway fund established by section 28-6993, Arizona Revised Statutes, as amended by this act, in fiscal year 2023-2024 to the personal identification document fund established by section 28-414, Arizona Revised Statutes, as added by this act, and is appropriated from the personal identification document fund to the department of transportation.

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