Bill Text: AZ SB1431 | 2011 | Fiftieth Legislature 1st Regular | Introduced
Bill Title: ADOT omnibus
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-02 - Referred to Senate NRT Committee [SB1431 Detail]
Download: Arizona-2011-SB1431-Introduced.html
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REFERENCE TITLE: ADOT omnibus |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1431 |
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Introduced by Senator Nelson
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AN ACT
Amending title 28, chapter 2, article 3, Arizona Revised Statutes, by adding section 28‑376; amending sections 28‑853, 28‑938, 28‑948 and 28‑949, Arizona Revised Statutes; repealing sections 28‑950 and 28‑951, Arizona Revised Statutes; amending sections 28‑959, 28‑1105, 28‑3001, 28‑3481, 28‑4301, 28‑4302, 28‑4361, 28‑4364 and 28‑4365, Arizona Revised Statutes; providing for the delayed repeal of title 28, chapter 12, Arizona Revised Statutes; amending section 28‑5105, Arizona Revised Statutes; amending section 28‑5201, Arizona Revised Statutes, as amended by Laws 2008, chapter 147, section 3; repealing section 28‑5201, Arizona Revised Statutes, as amended by Laws 2008, chapter 142, section 9; repealing section 28‑5204, Arizona Revised Statutes, as amended by Laws 2008, chapter 142, section 10; amending sections 28‑5234, 28‑5925, 28‑6991, 28‑7311, 32‑2352, 32‑2371, 41‑619.51, 41‑1758 and 41‑1758.01, Arizona Revised Statutes; amending title 41, chapter 12, article 3.1, Arizona Revised Statutes, by adding section 41‑1758.08; 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 3, Arizona Revised Statutes, is amended by adding section 28-376, to read:
28-376. Employment of personnel; definition
A. The director may obtain criminal history record information regarding applicants for employment for the purpose of hiring personnel. Before making a final offer of employment, the director shall require the preferred applicants to submit a full set of fingerprints. The director shall submit the fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The department of transportation shall not disclose information obtained pursuant to this subsection except to members of the department's staff solely for employment purposes. An applicant shall not be disqualified from employment under this subsection except in accordance with section 13-904, subsection E.
B. The director may obtain consumer report information regarding applicants for employment for the purpose of hiring personnel. Information obtained may only be used to determine the suitability of the applicant for positions involving fiduciary or financial responsibilities, the issuance of driver licenses or other personal identification documents or access to highly confidential information. Consumer report information may be obtained and used only in accordance with the Fair Credit Reporting Act (15 United States Code sections 1681 through 1681x). An applicant shall not be disqualified from employment under this subsection unless the consumer report information relied on for the disqualification has a reasonable relationship to the functions of the position.
C. For the purposes of this section, "applicant" means any person who seeks employment as a new hire or any employee of the department who seeks a transfer, a reclassification or a reassignment to a different position.
Sec. 2. Section 28-853, Arizona Revised Statutes, is amended to read:
28-853. Railroad grade crossing; stop required of certain vehicles; other requirements
A. Except as otherwise provided in this article, before crossing at grade any track or tracks of a railroad, the driver of a motor vehicle carrying passengers for hire, of any school bus carrying any school child or of any vehicle carrying or returning after delivery of explosive substances or flammable liquids as a cargo or part of a cargo shall stop the vehicle within fifty feet but not less than fifteen feet from the nearest rail of the railroad, while stopped listen and look in both directions along the track for an approaching train and for signals indicating the approach of a train and not proceed until the driver can do so safely. After stopping as required by this section and on proceeding when it is safe to do so, the driver of the vehicle shall cross only in a gear of the vehicle for which there is no need to change gears while traversing the crossing and shall not shift gears while crossing the track or tracks.
B. This section subsection does not apply at:
1. A crossing where a police officer or a traffic control signal directs traffic to proceed.
2. A street railway grade crossing within a business or residence district.
B. A driver of a commercial motor vehicle shall not enter a railroad or rail transit crossing unless there is sufficient space on the other side of the railroad or rail transit crossing to accommodate the vehicle being driven.
C. A driver of a commercial motor vehicle shall not enter a railroad or rail transit crossing unless there is sufficient undercarriage clearance to cross the intersection without obstructing the through passage of a railway vehicle, including a train or a city transit vehicle.
Sec. 3. Section 28-938, Arizona Revised Statutes, is amended to read:
28-938. Spot and auxiliary lamps
A motor vehicle may be equipped with any of the following:
1. Not more than one spot lamp that when lighted is aimed and used on approaching another vehicle only so that no part of the high intensity portion of the beam is directed to the left of the prolongation of the extreme left side of the vehicle nor more than one hundred feet ahead of the vehicle.
2. Not more than two fog lamps that are mounted on the front at a height of not less than twelve inches and not more than thirty inches above the level surface on which the vehicle stands and that are aimed so that when the vehicle is not loaded none of the high intensity portion of the light to the left of the center of the vehicle shall project, at a distance of twenty‑five feet ahead, higher than a level of four inches below the level of the center of the lamp that is aimed.
3. Not more than two auxiliary passing lamps that are mounted on the front at a height of not less than twenty‑four inches and not more than forty‑two inches above the level surface on which the vehicle stands and that meet the requirements and limitations provided in sections 28‑921 through 28‑951 28‑949.
4. Not more than two auxiliary driving lamps that are mounted on the front at a height of not less than sixteen inches nor more than forty‑two inches above the level surface on which the vehicle stands and that meet the requirements and limitations provided in sections 28‑921 through 28‑951 28‑949.
Sec. 4. Section 28-948, Arizona Revised Statutes, is amended to read:
28-948. Snow removal equipment lamps
A. The director shall adopt standards and specifications applicable to head lamps, clearance lamps, identification and other lamps on snow removal equipment when operated on the highways of this state in lieu of the lamps otherwise required on motor vehicles by this article. The standards and specifications:
1. May permit the use of flashing lights for purposes of identification on snow removal equipment when in service on a highway.
2. Shall correlate with and, as far as possible, conform with those approved by the American association of state highway officials.
B. A person shall not operate snow removal equipment on a highway unless the lamps on the equipment comply with and are lighted when and as required by the applicable federal safety standards and specifications adopted pursuant to this section.
Sec. 5. Section 28-949, Arizona Revised Statutes, is amended to read:
28-949. Selling or using lamps
A. A person shall not have for sale, sell or offer for sale for use on or as a part of the equipment of a motor vehicle, trailer or semitrailer or shall not use on any such vehicle a reflector that is required by this article, head lamp, auxiliary driving lamp, rear lamp, signal lamp or parts of any of the foregoing that tend to change the original design or performance unless the lamps or reflectors are of a type that has been submitted to and approved by the department meets applicable federal safety standards.
B. A person shall not have for sale, sell or offer for sale for use on or as a part of the equipment of a motor vehicle, trailer or semitrailer a lamp or device that is described in this section and that has been approved by the department unless the lamp or device bears the trademark or name under which it is approved so as to be legible when installed.
C. A person shall not use on any motor vehicle, trailer or semitrailer a lamp that is described in this section unless the lamp is mounted and adjusted to focus and aim pursuant to instructions of the department applicable federal safety standards.
Sec. 6. Repeal
Sections 28-950 and 28‑951, Arizona Revised Statutes, are repealed.
Sec. 7. Section 28-959, Arizona Revised Statutes, is amended to read:
28-959. Safety glass required; applicability; denial or suspension of registration; definition
A. A person shall not sell and the department shall not register a new motor vehicle as specified in this section unless the vehicle is equipped with safety glass wherever glass is used in doors, windows and windshields. The safety glass shall be of a type approved by the director.
B. This section applies to passenger motor vehicles, other than golf carts, including passenger buses and school buses. For trucks, including truck tractors, the requirements of this section for safety glass apply to all glass used in doors, windows and windshields in the drivers' compartments of the vehicles.
C. The director shall compile and publish a list of types of glass by name that are approved by the director and that meet the requirements of this section.
D. C. The director shall not register a new motor vehicle unless it is equipped with an approved type of safety glass. The director shall suspend the registration of any motor vehicle that is subject to this section and that the director finds is not equipped with an approved type of safety glass. The suspension shall continue until the motor vehicle is made to conform to the requirements of this section.
E. D. A person shall not replace glass or glazing materials used in partitions, doors, windows, windshields or wind deflectors in a motor vehicle with a material other than safety glass of a type approved by the director.
F. E. For the purposes of this section, "safety glass" means either:
1. a product composed of glass that is manufactured, fabricated or treated in a manner that substantially prevents shattering and flying of the glass when struck or broken and that meets applicable federal safety standards.
2. Other or similar products as approved by the director.
Sec. 8. Section 28-1105, Arizona Revised Statutes, is amended to read:
28-1105. Special permit fees
A. Except as otherwise provided by law, the following fees are required:
1. Fifteen dollars for each special permit issued pursuant to section 28‑1103 for excess size, except that a thirty dollar fee is required for each thirty day permit and a three hundred sixty dollar fee is required for each annual permit.
2. Seventy‑five dollars for each permit and each thirty day permit issued pursuant to section 28‑1103 for excess weight, except that a six hundred dollar fee is required for each annual permit. For commercial vehicles traveling through an international port of entry on a special single trip excess weight permit issued pursuant to section 28‑1103, the director shall deposit, pursuant to sections 35‑146 and 35‑147, the seventy‑five dollar special single trip permit fee collected pursuant to this paragraph in the state highway fund established by section 28‑6991.
3. For a permit requested for a motor vehicle or combination of vehicles that is in excess of both the size and weight permitted by this chapter, the amount of fees applicable for an excess weight permit.
4. Three hundred sixty dollars for each permit issued pursuant to section 28‑1103, subsection C.
B. A fee is not required for a permit issued pursuant to section 28‑1103 for the movement of vehicles or combinations of vehicles owned by the United States government, this state or a county, city or town.
C. If a special permit is required by the director and by one or more authorities to move a vehicle or combination of vehicles, the applicant for the permit or permits shall pay a permit fee only to the director and is not required to pay a permit fee to a local authority.
D. If a special permit is required by more than one local authority to move a vehicle or combination of vehicles and if the permit is not required by the director, the applicant shall pay a permit fee only to the local authority that has jurisdiction of the streets and highways where the movements of the vehicle or combination of vehicles originate.
Sec. 9. Section 28-3001, Arizona Revised Statutes, is amended to read:
28-3001. Definitions
In this chapter, unless the context otherwise requires:
1. "Cancellation" means the annulment or termination of a driver license because of an error or defect or because the licensee is no longer entitled to the license.
2. "Commercial driver license" means a license that is issued to an individual and that authorizes the individual to operate a class of commercial motor vehicles.
3. "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles that is used in commerce to transport passengers or property if the motor vehicle either and that includes any of the following:
(a) A motor vehicle or combination of motor vehicles that has a gross combined weight rating of twenty‑six thousand one or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds.
(b) A motor vehicle or combination of motor vehicles that has a gross vehicle weight rating of twenty‑six thousand one or more pounds.
(c) Is a school bus.
(d) (c) Is A bus.
(e) (d) A motor vehicle or combination of motor vehicles that is used in the transportation of materials found to be hazardous for the purposes of the hazardous materials transportation authorization act of 1994 (49 United States Code sections 5101 through 5127 5128) and is required to be placarded under 49 Code of Federal Regulations section 172.504, as adopted by the department pursuant to chapter 14 of this title.
4. "Conviction" has the same meaning prescribed in section 28-101 and also means a final conviction or judgment, including an order of a juvenile court finding that a juvenile has violated a provision of this title or has committed a delinquent act that if committed by an adult constitutes any of the following:
(a) Criminal damage to property pursuant to section 13‑1602, subsection A, paragraph 1.
(b) A felony offense in the commission of which a motor vehicle was used, including theft of a motor vehicle pursuant to section 13‑1802, unlawful use of means of transportation pursuant to section 13‑1803 or theft of means of transportation pursuant to section 13‑1814.
(c) A forfeiture of bail or collateral deposited to secure a defendant's appearance in court that has not been vacated.
5. "Disqualification" means a prohibition from obtaining a commercial driver license or driving a commercial motor vehicle.
6. "Employer" means a person, including the United States, a state or a political subdivision of a state, that owns or leases a commercial motor vehicle or that assigns a person to operate a commercial motor vehicle.
7. "Endorsement" means an authorization that is added to an individual's driver license and that is required to permit the individual to operate certain types of vehicles.
8. "Foreign" means outside the United States.
9. "Gross vehicle weight rating" means the weight that is assigned by the vehicle manufacturer to a vehicle and that represents the maximum recommended total weight including the vehicle and the load for the vehicle.
10. "Judgment" means a final judgment and any of the following:
(a) The finding by a court that an individual is responsible for a civil traffic violation.
(b) An individual's admission of responsibility for a civil traffic violation.
(c) The voluntary or involuntary forfeiture of deposit in connection with a civil traffic violation.
(d) A default judgment entered by a court pursuant to section 28‑1596.
11. "License class" means, for the purpose of determining the appropriate class of driver license required for the type of motor vehicle or vehicle combination a driver intends to operate or is operating, the class of driver license prescribed in section 28‑3101.
12. "Nonresident commercial driver license" means a commercial driver license issued to an individual domiciled in a foreign country.
13. "Original applicant" means any of the following:
(a) An applicant who has never been licensed or cannot provide evidence of licensing.
(b) An applicant who is applying for a higher class of driver license than the license currently held by the applicant.
(c) An applicant who has a license from a foreign country.
14. "Revocation" means that the driver license and driver's privilege to drive a motor vehicle on the public highways of this state are terminated and shall not be renewed or restored, except that an application for a new license may be presented and acted on by the department after one year from the date of revocation.
15. "State of domicile" means the state or jurisdiction where a person has the person's true, fixed and permanent home and principal residence and to which the person has the intention of returning after an absence.
16. "Suspension" means that the driver license and driver's privilege to drive a motor vehicle on the public highways of this state are temporarily withdrawn during the period of the suspension and until application for reinstatement is made.
17. "Vehicle combination" means a motor vehicle and a vehicle in excess of ten thousand pounds gross vehicle weight that it tows, if the combined gross vehicle weight rating is more than twenty‑six thousand pounds.
Sec. 10. Section 28-3481, Arizona Revised Statutes, is amended to read:
28-3481. Commercial motor vehicle drivers; violations; classification
A. A person who drives a commercial motor vehicle on a highway in this state without a valid appropriate class of commercial driver license or commercial driver license endorsement is guilty of a class 3 misdemeanor.
B. A driver of a commercial motor vehicle who provides false or fraudulent information to an employer as required by section 28‑3227 is guilty of a class 3 misdemeanor.
C. A driver of a commercial motor vehicle who fails to report the information required in section 28‑3227 is guilty of a class 3 misdemeanor.
Sec. 11. Section 28-4301, Arizona Revised Statutes, is amended to read:
28-4301. Definitions
In this chapter, unless the context otherwise requires:
1. "Area of responsibility" means the area surrounding an individual dealer that the factory designates as that dealer's individual primary geographic territory for the purpose of marketing, promoting, selling and leasing new motor vehicles. In the absence of the factory designated area, the area of responsibility is that geographical area surrounding a dealer that lies closer to that dealer than to other dealers of the same line‑make.
2. "Automotive recycler" means a person who is engaged in the business of buying or acquiring a motor vehicle solely for the purpose of dismantling, selling or otherwise disposing of the parts or accessories and who dismantles six or more vehicles in a calendar year.
3. "Branch license" means a license that is issued by the director to a licensed motor vehicle dealer and that permits the licensee to sell motor vehicles from an established place of business within the same county but other than the original or principal place of business for which the license was issued.
4. "Broker" means a person who for any fee, commission or other valuable consideration offers to provide, provides or represents that the person will provide a service of arranging or assisting in effecting the purchase of a motor vehicle and who is not:
(a) A new motor vehicle dealer or an employee or agent of a new motor vehicle dealer.
(b) A used motor vehicle dealer or an employee or agent of a used motor vehicle dealer.
(c) A manufacturer or employee or agent of a manufacturer.
(d) An auctioneer or engaged in the auto auction business.
(e) A wholesale motor vehicle dealer.
5. "Community" means the relevant market area. For the purposes of this paragraph, "relevant market area" means the incorporated city or town in which the franchise is located.
6. "Distributor" means a person who either:
(a) Sells or distributes new motor vehicles to new motor vehicle dealers in this state.
(b) Maintains distributor representatives in this state.
7. "Distributor branch" means a branch office maintained or availed of by a distributor for either:
(a) The sale of new motor vehicles to new motor vehicle dealers in this state.
(b) Directing or supervising its representatives in this state.
8. "Established place of business":
(a) Means a permanent enclosed building or structure that is owned either in fee or leased with sufficient space to display two or more motor vehicles of a kind and type that the dealer is licensed to sell and that is devoted principally to the use of a motor vehicle dealer in the conduct of the business of the dealer.
(b) In the case of a used motor vehicle dealer, trailer dealer or semitrailer dealer:
(i) Need not be a permanent building or structure or part of a permanent building or structure.
(ii) May be a vacant lot or part of a vacant lot.
(iii) Does not mean or include a residence, tent, temporary stand or temporary quarters or permanent quarters occupied pursuant to a temporary arrangement.
(c) In the case of an automotive recycler, means a permanent site or location at which the business of an automotive recycler is or will be conducted.
9. "Exhibitor" means a manufacturer of new motor homes that exhibits new motor homes at a special event.
10. "Factory branch" means a branch office maintained or availed of by a manufacturer for either:
(a) The sale of new motor vehicles to distributors or the sale of new motor vehicles to new motor vehicle dealers in this state.
(b) Directing or supervising its representatives in this state.
11. "Financial institution" means a bank, trust company, savings and loan association, credit union, consumer lender, international banking facility or holding company that is licensed, regulated or insured by the department of financial institutions, the federal deposit insurance corporation, the office of thrift supervision, the comptroller of the currency, the national credit union share insurance fund or the national credit union administration.
12. "Franchise" means a contract between two or more persons if all of the following conditions are included:
(a) A commercial relationship of definite duration or continuing indefinite duration is involved.
(b) The franchisee is granted the right to offer, sell and service in this state new motor vehicles manufactured or distributed by the franchisor.
(c) The franchisee, as a separate business, constitutes a component of the franchisor's distribution system.
(d) The operation of the franchisee's business is substantially associated with the franchisor's trademark, service mark, trade name, advertising or other commercial symbol designating the franchisor.
(e) The operation of the franchisee's business is substantially reliant on the franchisor for the continued supply of new motor vehicles, parts and accessories.
13. "Franchisee" means a person who both:
(a) Receives new motor vehicles from the franchisor under a franchise.
(b) Offers and sells to and services new motor vehicles for the general public.
14. "Franchisor" means a person who both:
(a) Manufactures or distributes new motor vehicles.
(b) May enter into a franchise.
15. "Importer" means a person who transports or arranges for the transportation of a foreign manufactured new motor vehicle into the United States for sale in this state.
16. "Lead" means any retail consumer who satisfies all of the following:
(a) Responds to a factory‑directed program that obtains consumer contact information and that provides such information to one or more dealers.
(b) Expresses an interest to the factory in purchasing, leasing or acquiring any vehicle or product, service or financing available from the dealers of that factory.
(c) Does not qualify for any reasonable factory sponsored employee, retiree or vendor new vehicle purchase program or any other reasonable similar factory new vehicle purchase program.
17. "Line‑make" means those motor vehicles that are offered for sale, lease or distribution under a common name, trademark, service mark or brand name of the manufacturer of those same motor vehicles.
18. "Major component part" includes a motor vehicle or vehicle part that the manufacturer has assigned any factory, motor, serial or other identification number or mark.
19. "Manufacturer" means any person who either:
(a) Manufactures or assembles new motor vehicles.
(b) Manufactures or installs on previously assembled truck chassis special bodies or equipment that when installed forms an integral part of the new motor vehicle and that constitutes a major manufacturing alteration, excluding the installation of a camper on a pickup truck.
20. "Motor home" means a motor vehicle that is primarily designed as temporary living quarters and that:
(a) Is built onto as an integral part of, or is permanently attached to, a motor vehicle chassis.
(b) Contains at least four of the following independent life support systems if each is permanently installed and designed to be removed only for purposes of repair or replacement:
(i) A cooking facility with an on board onboard fuel source.
(ii) A gas or electric refrigerator.
(iii) A toilet with exterior evacuation.
(iv) A heating or air conditioning system with an on board onboard power or fuel source separate from the vehicle engine.
(v) A potable water supply system that includes at least a sink, a faucet and a water tank with an exterior service supply connection.
(vi) A 110‑125 volt electric power supply.
21. "Motor vehicle" means an automobile, motor bus, motorcycle, truck or truck tractor or any other self‑propelled vehicle, trailer or semitrailer.
22. "Motor vehicle dealer" means a new motor vehicle dealer, a used motor vehicle dealer, a broker or a wholesale motor vehicle auction dealer, excluding a person who comes into possession of a motor vehicle as an incident to the person's regular business and who sells, auctions or exchanges the motor vehicle.
23. "New house trailer dealer" means a person who buys, sells, exchanges or offers or attempts to negotiate a sale or exchange of an interest in, or who is engaged in the business of selling, new house trailers or used house trailers taken in trade on new house trailers. For the purposes of this paragraph, "house trailer" means a vehicle, other than a motor vehicle, that is built on a chassis designed for being drawn on the highways by a motor vehicle and that is designed for human habitation.
24. "New motor vehicle" means a motor vehicle, other than a used motor vehicle, that is held either for:
(a) Sale by the franchisee who first acquired the vehicle from the manufacturer or distributor of the vehicle.
(b) Sale by another franchisee of the same line‑make.
25. "New motor vehicle dealer" means a person who buys, sells, exchanges or offers or attempts to negotiate a sale or exchange of an interest in, or who is engaged in the business of selling, new motor vehicles or used motor vehicles taken in trade on new motor vehicles or used vehicles purchased for resale.
26. "Off‑premises display and sales" means a promotion or sale of motor vehicles for a period of time as specified by the director that both:
(a) Is sponsored by a licensed motor vehicle dealer, the licensed motor vehicle dealer's agents or the manufacturer.
(b) Takes place at a location within the same county but not at the licensee's established place of business.
27. "Off‑premises exhibition" means the exhibition of a motor vehicle for a period of time as specified by the director at a location within the same county but not at the established place of business of a licensed motor vehicle dealer and at which a solicitation or sale does not occur.
28. "Provisional automotive recycler's license" means a license that both:
(a) Is issued by the department only in conjunction with an application for an automotive recycler's license.
(b) Permits the applicant or applicants to conduct the business of an automotive recycler regulated by this chapter pending completion of the criminal records check pursuant to section 28‑4361.
29. "Provisional dealer's license" means a license that both:
(a) Is issued by the department only in conjunction with an application for a dealer's license.
(b) Permits the applicant or applicants to conduct the business of a motor vehicle dealer regulated by this chapter pending completion of the criminal records check pursuant to section 28‑4361.
30. 28. "Retail consumer" means any person purchasing, leasing or acquiring or possibly purchasing, leasing or acquiring a vehicle or product, service or financing not for resale.
31. 29. "Service" means any service that is sold, leased or provided to retail consumers and that directly relates to the ownership or leasing of a new or used motor vehicle, including extended service contracts or motor vehicle warranty and nonwarranty repairs or maintenance, including both parts and labor.
32. 30. "Special event" means an exhibition of new motor homes by a motor vehicle dealer licensed to sell new motor homes or an exhibitor for a period of time specified by the director at a location in this state other than the licensee's or exhibitor's established place of business.
33. 31. "Used motor vehicle" means a motor vehicle that has been sold, bargained, exchanged or given away or the title to the motor vehicle has been transferred from the person who first acquired the vehicle from the manufacturer, or importer, dealer or agent of the manufacturer or importer, and that has been placed in bona fide consumer use. For the purposes of this paragraph, "bona fide consumer use" means actual operation by an owner who acquired a new motor vehicle both:
(a) For use in the owner's business or for pleasure or otherwise.
(b) For which a certificate of title has been issued or that has been registered as provided by law.
34. 32. "Used motor vehicle dealer" means a person, other than a new motor vehicle dealer, who buys, sells, auctions, exchanges or offers or attempts to negotiate a sale or exchange of an interest in, or who is engaged in the business of selling, four or more used motor vehicles in a continuous twelve month period. Used motor vehicle dealer does not include a wholesale motor vehicle auction dealer.
35. 33. "Wholesale motor vehicle auction dealer" means a person who both:
(a) Is in the business of providing auction services solely in wholesale transactions to motor vehicle dealers licensed by this state or any other jurisdiction.
(b) Does not buy, sell or own the motor vehicles the auction dealer auctions in the ordinary course of business.
36. 34. "Wholesale motor vehicle dealer" means a person who sells used motor vehicles only to licensed motor vehicle dealers.
Sec. 12. Section 28-4302, Arizona Revised Statutes, is amended to read:
28-4302. Fees; disposition
A. The following fees are required:
1. For filing each application for a dealer's, manufacturer's, importer's, distributor's, factory branch's, distributor branch's, automotive recycler's or wholesale motor vehicle dealer's license, fifteen dollars.
2. For filing each application for a provisional dealer's, automotive recycler's or wholesale motor vehicle dealer's license filed in conjunction with an application for a dealer's or automotive recycler's license, ten dollars.
3. 2. For each filing or continuation of a dealer's, manufacturer's, distributor's, importer's, factory branch's, distributor branch's, automotive recycler's or wholesale motor vehicle dealer's license if issued annually, one hundred dollars.
4. 3. For filing or continuing a dealer's branch license if issued annually, fifty dollars.
5. 4. For filing each application for a permit for the off‑premises exhibition of motor vehicles, for a motor vehicle show or for a special event to exhibit new motor homes, twenty‑five dollars.
6. 5. For filing each application for a permit for the off‑premises display and sale of motor vehicles, twenty‑five dollars.
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.
Sec. 13. Section 28-4361, Arizona Revised Statutes, is amended to read:
28-4361. License application; general fingerprint authorization card
A. A person shall apply for a license to the director in writing on forms prescribed by the director. The person shall include with the application all documents and bonds required and the annual license fees prescribed by section 28‑4302.
B. The application shall be verified and shall contain:
1. The name and residence of either:
(a) The applicant.
(b) If the applicant is a partnership, each partner.
(c) If the applicant is a corporation, each principal officer, director, agent or stockholder who owns twenty per cent or more of the corporation and the name of the state in which the corporation was organized.
2. The principal place of business of the applicant.
3. The established place of business or the place of business at or from which the applicant will conduct the business.
4. The make or makes of new motor vehicles, if any, that the applicant will sell or offer for sale in this state.
5. The business hours of the applicant.
6. Other information that the director requires.
C. Each applicant, and each partner, officer, director or agent or each stockholder owning twenty per cent or more of a corporation, seeking a new license shall provide the department with a general fingerprint authorization card issued pursuant to section 41‑1758.08. :
1. A full set of fingerprints to the department for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
2. A nonrefundable fee to be paid to the department of public safety for the criminal records check.
D. If a licensee adds or changes a partner, officer, director or agent, or a stockholder who owns twenty per cent or more of the corporation, who was not included in the criminal records check or who has not submitted a general fingerprint authorization card issued pursuant to section 41‑1758.08 on a prior application, the licensee shall notify the department within thirty days of the change. At the time of notification, an application and, if applicable, a full set of fingerprints and the fee for a criminal records check general fingerprint authorization card issued pursuant to section 41‑1758.08 shall be submitted to the department. If any individual who is added or changed by the licensee is found to be ineligible pursuant to section 28‑4365, the director, on completion of the criminal records check, shall advise the licensee and the individual in writing that the license will be revoked, unless the individual is removed from the position, and of the grounds for the action.
E. The requirement for a criminal records check general fingerprint authorization card issued pursuant to section 41‑1758.08:
1. Does not apply to a manufacturer, importer, factory branch or distributor or a person who is under eighteen years of age on the date the application is filed with the department.
2. May not apply if the application is for a subsequent license and the applicant, and each partner, officer, director or agent or each stockholder owning twenty per cent or more of a corporation, either:
(a) Have submitted to a criminal records check or submitted a general fingerprint authorization card issued pursuant to section 41‑1758.08 during the past five years.
(b) Are currently licensed under this section.
Sec. 14. Section 28-4364, Arizona Revised Statutes, is amended to read:
28-4364. Investigations; inspections
A. On the filing of the application for a license, the director shall:
1. Investigate the matters set forth in the license application.
2. Inspect, physically or through an alternate method established by the director, the place from which the applicant proposes to transact business.
3. Investigate other matters as the director deems necessary.
B. The director shall select a date and time to conduct the investigation and inspection as the director determines is reasonable and necessary.
C. The director may approve an application for a provisional dealer's or automotive recycler's license pending completion of the criminal records check pursuant to section 28‑4361 if the applicant meets all other licensing requirements of this chapter.
D. A provisional motor vehicle dealer's or automotive recycler's license is valid unless revoked by the director or until the applicant receives approval or denial of the application for a motor vehicle dealer's or automotive recycler's license.
E. The director may revoke a provisional motor vehicle dealer's or automotive recycler's license for a violation of this chapter.
Sec. 15. Section 28-4365, Arizona Revised Statutes, is amended to read:
28-4365. Denial of application; immunity from costs
A. Within twenty days after completion of the criminal records check, the director shall approve or deny the application for the issuance of a license. If the application is denied, the director shall advise the applicant in writing of the denial and the grounds for the denial.
B. A. The director may deny an application for a license if:
1. An individual included in the application made a misrepresentation, omission or misstatement in the application to conceal a matter that may cause the application to be denied.
2. An individual included in the application has been convicted of fraud or an auto related felony in a state, territory or possession of the United States or a foreign country within the ten years immediately preceding the date the criminal records check is complete.
3. An individual included in the application has been convicted of a felony, other than a felony described in paragraph 2 of this subsection, in a state, territory or possession of the United States or a foreign country within the five years immediately preceding the date the criminal records check is complete.
4. An individual in the application does not meet the requirements of law or the requirements of a rule adopted by the director pursuant to law.
5. Within five years preceding the application, an individual included in the application has had a similar license suspended, revoked or cancelled in this or any other state.
B. If the application is denied, the director shall advise the applicant in writing of the denial and the grounds for the denial.
C. The individual whose information is found to be a misrepresentation, omission or misstatement is not eligible to reapply for a license for twelve months from the date of denial.
D. The department or its employees are not liable for any costs incurred by an applicant seeking licensure under this chapter.
Sec. 16. Delayed repeal
Title 28, chapter 12, Arizona Revised Statutes, is repealed from and after March 31, 2012.
Sec. 17. Section 28-5105, Arizona Revised Statutes, is amended to read:
28-5105. General fingerprint authorization card; denial of application; immunity from costs
A. An applicant, and each partner, officer, director or agent or each stockholder owning twenty per cent or more of a corporation, seeking authorization or certification, or both, pursuant to this article shall provide the department with a general fingerprint authorization card issued pursuant to section 41‑1758.08. :
1. A full set of fingerprints to the department of transportation for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
2. A nonrefundable fee to be paid to the department of public safety for the criminal records check.
B. The director may deny an application for authorization or certification, or both, if any individual included in the application has either:
1. Made a misrepresentation or misstatement in the application to conceal a matter that would cause the application to be denied.
2. Been convicted of fraud or an auto related felony in any state, territory or possession of the United States or any foreign country within the ten years immediately preceding the date the criminal records check is complete.
3. Been convicted of a felony, other than a felony described in paragraph 2 of this subsection, in a state, territory or possession of the United States or a foreign country within the five years immediately preceding the date the criminal records check is complete.
4. 2. Violated a rule or policy of the department.
5. 3. Been involved in any activity that the director determines to be inappropriate in relation to the authority granted.
C. The director may approve an application for provisional authorization or certification, or both, pending completion of the criminal records check if the applicant meets all other requirements of this article. The director may revoke a provisional authorization or certification, or both, for a violation of this title. A provisional authorization or certification, or both, is valid unless revoked by the director or until the applicant receives approval or denial of the application for authorization or certification, or both.
D. C. Within twenty days of completion of the criminal records check, the director shall approve or deny the application. If the application is denied, the director shall advise the applicant in writing of the denial and the grounds for denial.
D. The department or its employees are not liable for any costs incurred by an applicant seeking authorization or certification, or both, under this article.
E. Within thirty days after receipt of the notice of denial, the applicant may petition the director in writing for a hearing on the application pursuant to section 28‑5107.
F. If the authorized third party adds a partner, officer, director or agent, or a stockholder who owns twenty per cent or more of the corporation, who was not included in the criminal records check or who has not submitted a general fingerprint authorization card issued pursuant to section 41‑1758.08 on a prior application, the authorized third party shall notify the department within thirty days of the change.
G. At the time of notification pursuant to subsection F of this section, the third party shall submit to the department of transportation an application and, if applicable, a full set of fingerprints and the fee to be paid to the department of public safety for a criminal records check a general fingerprint authorization card issued pursuant to section 41‑1758.08. On completion of the investigation if the individual added or changed by the authorized third party is found to be ineligible pursuant to subsection B of this section, the director of the department of transportation shall advise the authorized third party and the individual in writing of the grounds for the action and that the authorization will be revoked unless the individual is removed from the position.
H. The requirement for a criminal records check general fingerprint authorization card issued pursuant to section 41‑1758.08 does not apply to an applicant who is seeking third party authorization and who is:
1. A department, agency or political subdivision of this state.
2. An Arizona court.
3. An Arizona law enforcement agency or department.
4. A financial institution or enterprise under the jurisdiction of the department of financial institutions or a federal monetary authority.
5. The federal government or any of its agencies.
6. A motor vehicle dealer that is licensed and bonded by the department of transportation or a state organization of licensed and bonded motor vehicle dealers.
7. A manufacturer, importer, factory branch or distributor licensed by the department of transportation.
8. An insurer under the jurisdiction of the department of insurance.
9. An owner or registrant of a fleet of one hundred or more vehicles.
10. A public utility.
11. A tribal government.
12. A title service company that is bonded by the department of transportation.
13. 12. An employer or association that has at least five hundred employees or members.
Sec. 18. Section 28‑5201, Arizona Revised Statutes, as amended by Laws 2008, chapter 147, section 3, is amended to read:
28-5201. Definitions
In this chapter, unless the context otherwise requires:
1. "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles that is designed, used or maintained to transport passengers or property in the furtherance of a commercial enterprise on a highway in this state, that is not exempt from the gross weight fees as prescribed in section 28-5432, subsection B and that includes any of the following:
(a) A combination of vehicles that has a combined gross vehicle weight rating of twenty‑six thousand one or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds.
(b) A single vehicle that has a gross vehicle weight rating of twenty‑six thousand one or more pounds.
(c) (a) A single vehicle or combination of vehicles that has a gross vehicle weight rating of eighteen thousand one or more pounds and that is used for the purposes of intrastate commerce.
(d) (b) A single vehicle or combination of vehicles that has a gross vehicle weight rating of ten thousand one or more pounds and that is used for the purposes of interstate commerce.
(e) (c) A school bus.
(f) (d) A bus.
(g) (e) A vehicle that transports passengers for hire and that has a design capacity for eight or more persons.
(h) (f) A vehicle that is used in the transportation of materials found to be hazardous for the purposes of the hazardous materials transportation authorization act of 1994 (49 United States Code sections 5101 through 5127 5128) and that is required to be placarded under 49 Code of Federal Regulations section 172.504, as adopted by the department pursuant to this chapter.
2. "Declared gross weight" has the same meaning prescribed in section 28‑5431. If a declaration has not been made, declared gross weight means gross weight.
3. "Gross weight" has the same meaning prescribed in section 28‑5431.
4. "Hazardous material" means a substance that has been determined by the United States department of transportation under 49 Code of Federal Regulations to be capable of posing an unreasonable risk to health, safety and property if transported in commerce.
5. "Hazardous substance" means a material and its mixtures or solutions that has been determined by the United States department of transportation under 49 Code of Federal Regulations to be capable of posing an unreasonable risk to health, safety and property if transported in commerce.
6. "Hazardous waste" means a material that is subject to the hazardous waste manifest requirements of the department of environmental quality or the United States environmental protection agency.
7. "Manufacturer" means a person who transports or causes to be transported or shipped by a motor vehicle a material that is represented, marked, certified or sold by a person for transportation in commerce.
8. "Motor carrier" means a person who operates or causes to be operated a commercial motor vehicle on a public highway.
9. "Motor vehicle" means any vehicle, machine, tractor, trailer or semitrailer that is propelled or drawn by mechanical power and that is used on a public highway in the transportation of passengers or property in the furtherance of a commercial enterprise.
9. 10. "Person" means a public or private corporation, company, partnership, firm, association or society of persons, the federal government and its departments or agencies, this state or any of its agencies, departments, political subdivisions, counties, towns or municipal corporations or a natural person.
10. 11. "Public highway" means a public street, alley, road, highway or thoroughfare of any kind in this state that is used by the public or that is open to the use of the public as a matter of right, for the purpose of vehicular travel.
11. 12. "Shipper" means a person who offers a material for motor vehicle transportation in commerce.
12. 13. "Transportation" means a movement of person or property by a motor vehicle and any loading, unloading or storage incidental to the movement.
13. 14. "Vehicle combination" has the same meaning prescribed in section 28‑5431.
Sec. 19. Repeal
A. Section 28‑5201, Arizona Revised Statutes, as amended by Laws 2008, chapter 142, section 9, is repealed.
B. Section 28‑5204, Arizona Revised Statutes, as amended by Laws 2008, chapter 142, section 10, is repealed.
Sec. 20. Section 28-5234, Arizona Revised Statutes, is amended to read:
28-5234. Exemption from rules on drivers' qualification and hours of service; definitions
A. If the department adopts 49 Code of Federal Regulations parts 390 through 397 as a rule, a telecommunications corporation engaged in rendering public utility service or a railroad and its employees whose work necessarily involves the operation of a motor vehicle weighing more than either ten thousand pounds unladen weight or twenty eighteen thousand pounds declared gross vehicle weight rating but which operation is only incidental to the performance of their principal nondriving duties and purpose of employment are exempted from compliance with 49 Code of Federal Regulations parts 391 and 395, except that 49 Code of Federal Regulations part 391, subparts A and E apply unless it is the practice of the telecommunications corporation engaged in rendering public utility service or the railroad to assign regular drivers, qualified in accordance with 49 Code of Federal Regulations parts 390 through 397, to motor vehicles weighing more than either ten thousand pounds unladen weight or twenty eighteen thousand pounds gross vehicle weight rating, and if such driver becomes unavailable or unable to operate the motor vehicle on a given occasion due to an unavoidable or unforeseen circumstance against which provisions could not be reasonably made, compliance with 49 Code of Federal Regulations parts 391 and 395 is not required.
B. A person who is an employee of a public service corporation, a political subdivision of this state that is engaged in rendering public utility service or a railroad is exempt from any hours of service requirements at any time when relief assistance is needed to supplement state or local efforts and capabilities to save lives, protect against substantial loss of property, protect the public health and safety or lessen or avert the consequence of a catastrophe. If an emergency respondent independently identifies an occasion or instance that jeopardizes life or property or that endangers public health and safety, an emergency situation exists, and the respondent is exempt from any hours of service requirements if the respondent contacts with due diligence and coordinates with state or local officials.
C. The following intrastate drivers may begin to calculate hours of service requirements at any point at which the driver goes on duty after the driver has been off duty for twenty‑four or more consecutive hours:
1. Drivers who are primarily involved in the transportation of groundwater drilling rigs.
2. Drivers used primarily in the transportation of construction materials and equipment en route to or from an active construction site that is within a seventy‑five air mile radius of the driver's normal work reporting location and is at a stage between initial mobilization of equipment and materials to the site and final completion of the construction project. This paragraph does not apply to drivers transporting hazardous materials in a quantity that requires placarding.
3. Drivers of public utility service vehicles that are operated primarily within the service area of the public utility's subscribers, that are used in furtherance of repairing, maintaining or operating any physical facilities necessary for the delivery of public utility services and that are engaged in any activity necessarily related to the ultimate delivery of public utility services to the consumer, including travel to, from, on or between activity sites. The public utility is not required to be the owner of the vehicle.
D. For the purposes of this section:
1. "Public service corporation" means a public service corporation as defined in article XV, section 2, Constitution of Arizona.
2. "Railroad" means a railway or railroad that is regulated as a common carrier under article XV, section 10, Constitution of Arizona, and that is subject to title 40, chapter 4, article 3.
3. "Telecommunications corporation" means an entity as defined in section 40‑201 that is subject to regulation by the corporation commission.
Sec. 21. Section 28-5925, Arizona Revised Statutes, is amended to read:
28-5925. Payment; distribution
A. The supplier, as shown in the records of the terminal operator, who removes the taxable gallons shall precollect and remit on behalf of consumers and users to the department the taxes that are imposed by sections 28‑5605 28‑5606 and 28‑8344 and that are measured by the invoiced gallons of motor fuel removed by a licensed supplier from a terminal or refinery in this state other than a bulk transfer.
B. The supplier and each reseller shall list the amount of tax as a separate line item on all invoices or billings or as a separate billing. A person who imposes an added charge to cover the tax levied by this article or a charge that is identified as being imposed to cover a tax shall not remit less than the amount collected to the department.
C. The motor fuel tax that is accrued in any calendar month shall be paid on or before the twenty‑seventh day of the next succeeding calendar month to the director.
D. A supplier shall remit any late taxes remitted to the supplier by an eligible purchaser and shall notify the department in a timely manner of any late remittances if that supplier has previously given notice to the department of an uncollectible tax amount pursuant to section 28‑5639, subsection B.
E. On payment, the director shall promptly:
1. Distribute the amount of money collected as a tax on sales of motor vehicle fuel used in propelling watercraft pursuant to section 28‑5926 beginning with the month following the conclusion of the survey conducted pursuant to section 28‑5926.
2. Deposit, pursuant to sections 35‑146 and 35‑147, all remaining monies in the Arizona highway user revenue fund or the state aviation fund as determined from the reports filed pursuant to section 28‑5618.
F. The director shall deduct all exemptions and refunds before depositing the monies.
Sec. 22. 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 28‑2436 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.
22. Monies deposited pursuant to section 28‑1105.
Sec. 23. Section 28-7311, Arizona Revised Statutes, is amended to read:
28-7311. Logo sign programs; rules; definitions
A. The department may establish a logo sign program. Notwithstanding sections 28‑648, 28‑7048 and 28‑7053, as part of the program the department may contract with a third party to install and maintain specific services information signs, known as logo signs, on certain portions of the completed interstate highway system in this state. If the department contracts with a third party, the third party shall agree in the contract to:
1. Furnish, install, maintain and replace signs for the benefit of business advertisers who provide gas, food, lodging, twenty-four hour pharmacy service, attraction and camping facilities for the general public.
2. Lease advertising space on the signs to operators of the facilities prescribed in paragraph 1 of this subsection.
B. In addition to the program established in subsection A of this section, the department may establish a rural logo sign program. Notwithstanding sections 28‑648, 28‑7048 and 28‑7053, as part of this program the department may contract with a third party to install and maintain specific services information signs, known as logo signs, on any class of state highway, other than a segment of the interstate highway system, located outside of an urbanized area with a population of one hundred thousand or more persons. If the department contracts with a third party, the third party shall agree in the contract to:
1. Furnish, install, maintain and replace signs for the benefit of business advertisers that provide gas, food, lodging, twenty-four hour pharmacy service, attraction and camping facilities for the general public.
2. Lease advertising space on the signs to operators of the facilities prescribed in paragraph 1 of this subsection.
C. The department shall adopt rules to implement and operate the logo sign programs. Costs incurred under the programs established by this section shall be paid under agreements negotiated between the department or third party and the business advertisers.
D. The department may enter into a revenue sharing agreement with the third party. The department shall deposit, pursuant to sections 35‑146 and 35‑147, all monies received from the revenue sharing agreement revenues generated, less program operating costs, in the state highway fund established by section 28‑6991.
E. For the purposes of this section:
1. "Population" means the population determined in the most recent United States decennial census or in the most recent special census as provided in section 28‑6532.
2. "Urbanized area" means an urbanized area as defined in the decennial census by the United States bureau of the census.
Sec. 24. Section 32-2352, Arizona Revised Statutes, is amended to read:
32-2352. Enforcement; contract with private entity
A. The director, subject to title 41, chapter 6, shall adopt such rules concerning the administration and enforcement of this chapter as are necessary to carry out the intent of this chapter and to protect the public. The director or the director's authorized representative shall inspect the school facilities and equipment used by applicants and licensees under this chapter and examine applicants for instructor's licenses.
B. The director shall administer and enforce this chapter.
C. The director may contract with a private entity to conduct inspections pursuant to this section and to administer any rules adopted pursuant to this section that relate to the licensure and administration of traffic survival schools professional driver training schools pursuant to this chapter. The term of any contract entered into pursuant to this subsection shall not exceed five years with a right to renew for an additional five years. The private entity that contracts with the director pursuant to this subsection:
1. Shall not provide traffic survival school professional driver training school courses.
2. May charge a fee to each person who enrolls in traffic survival school a professional driver training school.
Sec. 25. Section 32-2371, Arizona Revised Statutes, is amended to read:
32-2371. License for schools; requirements; fingerprint clearance card
A. No professional driver training school shall be established nor shall any such existing school be continued on or after March 13, 1968 unless such school applies for and obtains from the director a license in the manner and form prescribed by the director.
B. Rules adopted by the director shall state the requirements for a school license, including requirements concerning location, equipment, courses of instruction, instructors, previous records of the school and instructors, schedule of fees and charges, character and reputation of the operators and instructors, insurance in such sum and with such provisions as the director deems necessary to protect adequately the interests of the public, and such other matters as the director may prescribe for the protection of the public.
C. An applicant and each partner, officer, director or agent, or each stockholder owning twenty per cent or more of a corporation, seeking licensure pursuant to this chapter shall provide the department or a contracted private entity of the department pursuant to section 32‑2352 with a valid fingerprint clearance card issued pursuant to section 41‑1758.03.
Sec. 26. Section 41-619.51, Arizona Revised Statutes, is amended to read:
41-619.51. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of transportation, the state real estate department or the board of examiners of nursing care institution administrators and assisted living facility managers.
2. "Board" means the board of fingerprinting.
3. "Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present.
4. "Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41‑619.55.
5. "Person" means a person who is required to be fingerprinted pursuant to this article and any of the following:
(a) Section 8-105.
(b) Section 8‑322.
(c) Section 8-509.
(d) Section 8‑802.
(e) Section 15‑183.
(f) Section 15‑534.
(g) Section 15‑1330.
(h) Section 15-1881.
(i) Section 26-103.
(j) Section 32‑2371.
(j) (k) Section 32‑2108.01.
(k) (l) Section 32‑2123.
(l) (m) Section 36‑411.
(m) (n) Section 36‑425.03.
(n) (o) Section 36-446.04.
(o) (p) Section 36‑594.01.
(p) (q) Section 36‑594.02.
(q) (r) Section 36‑882.
(r) (s) Section 36‑883.02.
(s) (t) Section 36‑897.01.
(t) (u) Section 36‑897.03.
(u) (v) Section 36‑3008.
(v) (w) Section 41-619.53.
(w) (x) Section 41‑1964.
(x) (y) Section 41‑1967.01.
(y) (z) Section 41‑1968.
(z) (aa) Section 41-1969.
(aa) (bb) Section 41‑2814.
(bb) (cc) Section 46‑141, subsection A.
(cc) (dd) Section 46‑321.
Sec. 27. Section 41-1758, Arizona Revised Statutes, is amended to read:
41-1758. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of transportation, the state real estate department, the board of fingerprinting or the board of examiners of nursing care institution administrators and assisted living facility managers.
2. "Division" means the fingerprinting division in the department of public safety.
3. "Good cause exception" means the issuance of a valid fingerprint clearance card to an employee pursuant to section 41‑619.55.
4. "Person" means a person who is required to be fingerprinted pursuant to any of the following:
(a) Section 8‑105.
(b) Section 8‑322.
(c) Section 8‑509.
(d) Section 8‑802.
(e) Section 15‑183.
(f) Section 15-503.
(g) Section 15‑512.
(h) Section 15‑534.
(i) Section 15‑1330.
(j) Section 15-1881.
(k) Section 26-103.
(l) Section 28‑4361.
(m) Section 28‑5105.
(l) (n) Section 32‑2108.01.
(m) (o) Section 32‑2123.
(p) Section 32‑2371.
(n) (q) Section 36-411.
(o) (r) Section 36‑425.03.
(p) (s) Section 36-446.04.
(q) (t) Section 36‑594.01.
(r) (u) Section 36‑594.02.
(s) (v) Section 36‑882.
(t) (w) Section 36‑883.02.
(u) (x) Section 36‑897.01.
(v) (y) Section 36‑897.03.
(w) (z) Section 36‑3008.
(x) (aa) Section 41-619.52.
(y) (bb) Section 41-619.53.
(z) (cc) Section 41‑1964.
(aa) (dd) Section 41‑1967.01.
(bb) (ee) Section 41‑1968.
(cc) (ff) Section 41-1969.
(dd) (gg) Section 41‑2814.
(ee) (hh) Section 46‑141, subsection A.
(ff) (ii) Section 46‑321.
5. "Vulnerable adult" has the same meaning prescribed in section 13‑3623.
Sec. 28. Section 41-1758.01, Arizona Revised Statutes, is amended to read:
41-1758.01. Fingerprinting division; duties
The fingerprinting division is established in the department of public safety and shall:
1. Conduct fingerprint background checks for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks pursuant to sections 8‑105, 8‑322, 8-509, 8‑802, 15‑183, 15‑503, 15‑512, 15‑534, 15‑1330, 15‑1881, 26-103, 28‑4361, 28‑5105, 32‑2108.01, 32‑2123, 32‑2371, 36‑411, 36‑425.03, 36‑446.04, 36‑594.01, 36‑594.02, 36‑882, 36‑883.02, 36‑897.01, 36‑897.03, 36‑3008, 41‑619.52, 41‑619.53, 41‑1964, 41‑1967.01, 41‑1968, 41‑1969 and 41‑2814, section 46‑141, subsection A and section 46‑321.
2. Issue valid fingerprint clearance cards and general fingerprint authorization cards. On issuance, a valid fingerprint clearance card and a general fingerprint authorization card becomes the personal property of the cardholder and the cardholder shall retain possession of the valid fingerprint clearance card or the general fingerprint authorization card.
3. On submission of an application for a valid fingerprint clearance card or a general fingerprint authorization card, collect the fees established by the board of fingerprinting pursuant to section 41‑619.53 and deposit, pursuant to sections 35‑146 and 35‑147, the monies collected in the board of fingerprinting fund.
4. Inform in writing each person who submits fingerprints for a fingerprint background check of the person's right to petition the board of fingerprinting for a good cause exception pursuant to sections 41‑1758.03 and 41‑1758.07.
5. Administer and enforce this article.
Sec. 29. Title 41, chapter 12, article 3.1, Arizona Revised Statutes, is amended by adding section 41-1758.08, to read:
41-1758.08. General fingerprint authorization card
A. On receiving the state and federal criminal history record of a person who is required to provide the department of transportation with a general fingerprint authorization card, the division shall compare the record with the list of criminal offenses that preclude the person from receiving a general fingerprint authorization card. If the person's criminal history record does not contain any of the offenses listed in subsection B, the fingerprinting division shall issue the person a general fingerprint authorization card.
B. A person who is subject to title 28, chapter 10 or 13 and who has been convicted of committing one or more of the following offenses in any state, territory or possession of the United States or any foreign country is precluded from receiving a general fingerprint authorization card:
1. A Fraud or an auto related felony within ten years immediately preceding the date of the comparison prescribed by subsection A.
2. A felony, other than a felony described in paragraph 1, within five years immediately preceding the date of the comparison prescribed in subsection A.
Sec. 30. Effective date
Section 32‑2352, Arizona Revised Statutes, as amended by this act, is effective from and after March 31, 2012.
