Bill Text: AZ SB1002 | 2010 | Forty-ninth Legislature 2nd Regular | Engrossed
Bill Title: Special license plates; fees
Sponsorship: Bipartisan Bill
Status: (Engrossed - Dead) 2010-01-25 - Transmit to Senate [SB1002 Detail]
Download: Arizona-2010-SB1002-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SENATE BILL 1002 |
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AN ACT
amending sections 28‑2402, 28-2431, 28-6501, 28-6991, 28-6993 and 41-608, Arizona Revised Statutes; relating to special license plates.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-2402, Arizona Revised Statutes, is amended to read:
28-2402. Special plate fees
The following fees are required:
1. Twenty‑five dollars for each pair of original and for each annual renewal of special plates issued under this article, except:
(a) Special plates for hearing impaired persons issued under section 28‑2408.� and
(b) International symbol of access special plates issued under section 28‑2409.
(c) Veteran special plates if the veteran special plates are combined with international symbol of access special plates and both of the following apply:
(i) The department issues the veteran special plates to a person who is a veteran pursuant to section 28‑2414, subsection A, paragraph 1.
(ii) The person receiving the veteran special plates combined with the international symbol of access special plates submits satisfactory proof to the department that the person is rated one hundred per cent disabled by the United States department of veterans affairs or that the person has been determined by the United States department of veterans affairs to be unemployable as a result of a service related disability.
(d) Gold star family special plates issued under section 28-2431.
2. Twelve dollars for a transfer of special plates, unless exempt pursuant to section 28‑2403.
Sec. 2. Section 28-2431, Arizona Revised Statutes, is amended to read:
28-2431. Gold star family special plates
A. The department shall issue gold star family special plates to a person who submits satisfactory proof to the department that the person is an immediate family member of a person who died while on active duty in the United States military if a charitable organization affiliated with an Arizona professional basketball club donates thirty‑two thousand dollars to the veterans' donations fund established by section 41‑608 for the purpose of paying the implementation costs of the gold star family special plates.� The costs of implementing the gold star family special plates shall be paid by the monies in the veterans' donations fund established by section 41‑608 that were donated by the Arizona professional basketball club.� The department in cooperation with an organization formed for the support of mothers who have had children die while on active duty in the United States military shall design the gold star family special plate.� The director may allow a request for gold star family special plates to be combined with a request for personalized special plates.� If the director allows such a combination, the request shall be in a form prescribed by the director and is subject to the fees for the personalized special plates. �in addition to the fees required for gold star family special plates.
B. Of the twenty-five dollar fee required by section 28‑2402 for the original special plates and for renewal of special plates, eight dollars is a special plate administration fee and seventeen dollars is an annual donation.
C. The department shall deposit, pursuant to sections 35‑146 and 35‑147, all special plate administration fees in the state highway fund established by section 28‑6991 and all donations collected pursuant to this section in the veterans' donations fund established by section 41‑608.
B. The department shall not charge a fee for issuance of the gold star family special plates.
Sec. 3. Section 28-6501, Arizona Revised Statutes, is amended to read:
28-6501. Definition of highway user revenues
In this article, unless the context otherwise requires or except as otherwise provided by statute, "highway user revenues" means all monies received in this state from licenses, taxes, penalties, interest and fees authorized by the following:
1. Chapters 2, 7, 8 and 15 of this title, except for:
(a) The special plate
administration fees prescribed in sections 28‑2404, 28‑2412 through 28-2430, 28-2432, 28-2433, 28‑2434
and 28‑2514.
(b) The donations prescribed
in sections 28‑2404,
28‑2412 through 28‑2415, 28‑2417 through 28-2430, 28-2432, 28-2433, 28‑2434, 28‑2453,
28‑2454 and 28‑2455.
2. Section 28-1177.
3. Chapters 10 and 11 of this title.
4. Chapter 16, articles 1, 2 and 4 of this title, except as provided in sections 28‑5926 and 28‑5927.
Sec. 4. Section 28-6991, Arizona Revised Statutes, is amended to read:
28-6991. State highway fund; sources
A state highway fund is established that consists of:
1. Monies distributed from the Arizona highway user revenue fund pursuant to chapter 18 of this title.
2. Monies appropriated by the legislature.
3. Monies received from donations for the construction, improvement or maintenance of state highways or bridges.� These monies shall be credited to a special account and shall be spent only for the purpose indicated by the donor.
4. Monies received from counties under cooperative agreements, including proceeds from bond issues.� The state treasurer shall deposit these monies to the credit of the fund in a special account on delivery to the treasurer of a concise written agreement between the department and the county stating the purposes for which the monies are surrendered by the county, and these monies shall be spent only as stated in the agreement.
5. Monies received from the United States under an act of Congress to provide aid for the construction of rural post roads, but monies received on projects for which the monies necessary to be provided by this state are wholly derived from sources mentioned in paragraphs 2 and 3 of this section shall be allotted by the department and deposited by the state treasurer in the special account within the fund established for each project.� On completion of the project, on the satisfaction and discharge in full of all obligations of any kind created and on request of the department, the treasurer shall transfer the unexpended balance in the special account for the project into the state highway fund, and the unexpended balance and any further federal aid thereafter received on account of the project may be spent under the general provisions of this title.
6. Monies in the custody of an officer or agent of this state from any source that is to be used for the construction, improvement or maintenance of state highways or bridges.
7. Monies deposited in the state general fund and arising from the disposal of state personal property belonging to the department.
8. Receipts from the sale or disposal of any or all other property held by the department and purchased with state highway monies.
9. Monies generated pursuant to section 28‑410.
10. Monies distributed pursuant to section 28‑5808, subsection B, paragraph 2, subdivision (d).
11. Monies deposited pursuant to sections 28‑1143, 28‑2353 and 28‑3003.
12. Except as provided in section 28‑5101, the following monies:
(a) Monies deposited pursuant to section 28‑2206 and section 28‑5808, subsection B, paragraph 2, subdivision (e).
(b) One dollar of each registration fee and one dollar of each title fee collected pursuant to section 28‑2003.
(c) Two dollars of each late registration penalty collected by the director pursuant to section 28‑2162.
(d) The air quality compliance fee collected pursuant to section 49‑542.
(e) The special plate administration fees collected pursuant to sections 28‑2404, 28‑2412 through 28‑2416, 28‑2416.01, 28‑2417 through 28‑2430, 28‑2432, 28-2433, 28‑2434 and 28‑2514.
(f) Monies collected pursuant to sections 28‑372, 28‑2155 and 28‑2156 if the director is the registering officer.
13. Monies deposited pursuant to chapter 5, article 5 of this title.
14. Donations received pursuant to section 28‑2269.
15. Dealer and registration monies collected pursuant to section 28‑4304.
16. Abandoned vehicle administration monies deposited pursuant to section 28‑4804.
17. Monies deposited pursuant to section 28‑710, subsection D, paragraph 2.
18. Monies deposited pursuant to section 28-2065.
19. Donations deposited pursuant to section 28-2430.
20. Monies deposited pursuant to section 28-7311.
21. Monies deposited pursuant to section 28-7059.
Sec. 5. Section 28-6993, Arizona Revised Statutes, is amended to read:
28-6993. 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.
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 ten million dollars.
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, 28‑2412 through 28-2430, 28-2432, 28-2433, 28‑2434 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 per cent of the federal obligation authority that exists in the project for which the exchange is proposed.
Sec. 6. Section 41-608, Arizona Revised Statutes, is amended to read:
41-608. Veterans' donations fund
A. The veterans' donations fund is established consisting of monies, gifts and contributions donated to the department and monies deposited pursuant to sections 28‑2414, 28-2428, 28-2431, 28‑2453, 28‑2454, 28‑2455 and 43‑620.� The department shall administer the fund.� Monies in the fund are continuously appropriated. The monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
B. The director or the director's designee may solicit and receive donations, including in‑kind donations, from the public for veterans.� The director shall deposit, pursuant to sections 35‑146 and 35‑147, the monetary donations in the veterans' donations fund.� Monies in the fund are subject to state auditing procedures.� Except for monies deposited pursuant to section 28‑2431, The donations may be used for the benefit of the veterans within this state at the discretion of the director.� The director may donate monies from the fund to organizations seeking to establish a monument or memorial on public property that recognizes or honors veterans or recognizes events in which veterans were major participants or had a major influence.
C. The director shall establish a separate subaccount in the veterans' donations fund for the deposit of monies received pursuant to section 28‑2431, subsection C.� The monies in the subaccount shall be used for the construction and maintenance of the enduring freedom memorial authorized pursuant to section 41-1363 for placement in Wesley Bolin Plaza.
D. C. The director shall inventory and account for the use of any tangible personal property donated to the fund.
E. D. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35‑313, and monies earned from investment shall be credited to the fund.
Sec. 7. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.
