Arizona-2020-HB2458-Introduced

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

Section 1. Repeal

Section 28-369, Arizona Revised Statutes, is repealed.

Sec. 2. Section 28-982, Arizona Revised Statutes, is amended to read:

START_STATUTE28-982. Vehicle and equipment inspection; notice of repair or adjustment

A. If at any time there is reasonable cause to believe that a vehicle is unsafe or is not equipped as required by law or that a vehicle's equipment is not in proper adjustment or repair, the superintendent of the highway patrol, members of the highway patrol, other officers and employees of the department of public safety as the director may designate and any peace officer may require the driver of the vehicle to stop and submit the vehicle to an inspection and such test with reference to the inspection as may be appropriate.

B. If the vehicle is in an unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, the officer shall give a written notice to the driver. The officer's department shall retain the original of the notice. The notice shall state:

1. That the vehicle is required to be placed in safe condition and that the vehicle's equipment is required to be properly repaired and adjusted.

2. The particulars with reference to the requirements provided in paragraph 1 of this subsection.

3. That a certificate of correction or adjustment of illegal or faulty equipment shall be obtained within five days.

C. The director of the department of public safety shall prescribe the form of the notice required by this section. END_STATUTE

Sec. 3. Section 28-1102, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1102. Weighing of vehicles and loads; violation; classification; civil penalty

A. A police or peace officer having reason to believe that the weight of a vehicle and load does not conform to this article may require the driver to:

1. Stop and submit to a weighing of the vehicle and load by means of either portable or stationary scales.

2. Drive the vehicle to the nearest public scales, if the scales are within two miles.

B. If on weighing a vehicle and load pursuant to subsection A of this section an officer determines that the weight does not conform to this article, the officer may require the driver to stop the vehicle in a suitable place and remain standing until the portion of the load is removed as necessary to reduce the gross weight of the vehicle to the limit permitted allowed under this article.� The owner or operator shall care for the material unloaded at the risk of the owner or operator.

C. A driver of a vehicle is guilty of a class 3 misdemeanor who either:

1. Knowingly fails or refuses to stop and submit the vehicle and load to a weighing.

2. Knowingly fails or refuses when directed by an officer on a weighing of the vehicle to stop the vehicle and otherwise comply with subsections A and B of this section.

D. A peace officer as defined in section 41‑1701 or any other peace officer designated by the director may require the weighing of a commercial vehicle by means of portable scales at any time.� Failure to submit to weighing as required by this subsection is punishable by a civil penalty, the minimum of which is the minimum civil penalty for over six thousand pounds overweight as prescribed in section 28‑1101, subsection B. END_STATUTE

Sec. 4. Section 28-4846, Arizona Revised Statutes, is amended to read:

START_STATUTE28-4846. Stolen vehicles; inspection; violation; classification

A. For the purposes of enforcing this title or locating stolen vehicles or parts of those vehicles, peace officers may:

1. Inspect a vehicle to examine any vehicle identification number, serial number or other unique distinguishing number, sign or symbol in any public garage, vehicle storage, repair, leasing or rental lot or facility, vehicle equipment rental yard, vehicle salvage pool or other similar establishment.

2. Inspect the title or registration of those vehicles in order to establish their rightful ownership or possession.

B. Peace officers may also inspect a bicycle, an implement of husbandry, special construction equipment and a motor vehicle designed for off‑highway use that is on the premises described in subsection A of this section or if such a vehicle is incidentally operated or transported on a highway.

C. Inspections shall be conducted at a time and in a manner that minimizes any unreasonable interference with or delay of the business operation.

D. If information comes to the attention of the person conducting an inspection pursuant to this section that may necessitate obtaining a search warrant and if steps are promptly initiated for the procurement of a search warrant, the persons conducting the inspection may take all necessary steps to secure the premises under inspection until the warrant application is acted on by a judicial officer.

E. Off‑duty officers and officers employed in a law enforcement capacity to conduct inspections pursuant to this section, including peace officers designated by the director pursuant to section 28‑369, may access any state or national criminal information system to determine if a vehicle is stolen.

F. A person who refuses to permit inspection under this section is guilty of a class 1 misdemeanor.END_STATUTE

Sec. 5. Section 41-1711, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1711. Department of public safety; purpose; location; qualifications of director; responsibilities

A. There shall be a department of public safety which that is responsible for creating and coordinating services for use by local law enforcement agencies in protecting the public safety. The principal office and headquarters of the department shall be in Phoenix.

B. The department shall formulate plans with a view to establishing modern services for prevention of preventing crime, apprehension of apprehending violators, training of law enforcement personnel, and the promotion of promoting public safety. The department shall in no way not preempt the authority and jurisdiction of established agencies of political subdivisions of the this state.

C. The director shall be selected on the basis of training and experience with a minimum of five years' experience in the administration of law enforcement.

D. The director shall be appointed by the governor pursuant to section 38‑211 to serve concurrently with the appointing governor and shall be is subject to removal for cause, including but not limited to malfeasance, misfeasance and nonfeasance in office.� The director shall receive annual compensation as determined pursuant to section 38‑611.

E. The director shall be is directly responsible to the governor for the conduct and the administration of the department. If the director is unable to act, the deputy director shall direct the activities of the department during the period in which the director is unable to act.� If the director and deputy director are both unable to act, the governor shall direct the activities of the department during the period in which the director and deputy director are both unable to act.

F. The director shall prescribe procedures for use of department personnel, facilities, equipment, supplies and other resources in assisting search or rescue operations.

G. The director shall be is responsible for the establishment, operation and maintenance of the statewide emergency medical services communication system prescribed by section 41‑1835.

H. The director may purchase, lease, equip, staff and operate air ambulances, including ambulance helicopters, pursuant to section 41‑1834.

I. To limit the expenditures of monies derived from the state highway fund established pursuant to article IX, section 14, Constitution of Arizona, to traffic safety and traffic law enforcement purposes, the department of public safety shall:

1. Maintain a strict account of all costs incurred by each function of the department. Such costs shall be determined and allocated between traffic safety or traffic law enforcement functions and all other departmental functions and shall include such costs as wages or salaries, materials or supplies and equipment or facility use.

2. Immediately following the determination of all such costs certify to the governor's office of strategic planning and budgeting the full amount of all such costs relating to the various functions within the department.

J. The governor's office of strategic planning and budgeting shall annually submit a separate report to the legislature compiled from the department's department of public safety's functional costs certification indicating the complete breakdown between those costs which that are related to traffic safety or traffic law enforcement functions and the various other functions within the department of public safety. The director of the department of administration shall include within the director's annual report to the legislature a recommendation for a separate appropriation to reimburse the state highway fund from the state general fund for any expenditures from the state highway fund during the prior fiscal year in excess of the total of all costs related to traffic safety or traffic law enforcement functions of the department of public safety.

K. The director shall establish a special hazardous materials emergency response organizational unit within the department to function as the initial response element of the hazardous materials emergency management program pursuant to section 49‑123.

L. The department is designated as this state's recipient of federal victims of crime act grants.

M. the department has the primary responsibility of enforcing the laws of this state at all ports of entry in this state. END_STATUTE

Sec. 6. Section 41-1742, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1742. Powers of the division

A. The highway patrol division superintendent may:

1. Adopt rules and regulations governing the policy, procedure and administration of all activities of the patrol.

2. Provide for training the patrolmen.

3. Cause signs to be erected and maintained as are necessary to give notice of any special restrictions.

4. Cooperate with the department of transportation and the Arizona department of agriculture in the enforcement of enforcing laws relating to motor vehicles, except that The highway patrol division may not transfer operational control of a port of entry to the department of transportation or the Arizona department of agriculture.

B. The director of the department of transportation may grant authority to the highway patrol division superintendent to fix temporary speed limits or apply other temporary restrictions when emergency conditions exist. The director of the department of transportation may fix such speed limits, or apply such restrictions when congested traffic or other conditions require restrictions for public safety.

C. The division shall issue to each member of the patrol a badge of authority, with the words "Arizona highway patrol" encircling the badge, and the seal of the this state in the center thereof of the badge and with the designation of the office or rank of the holder below. END_STATUTE