A.R.S. § 28-7009 — Arizona Code / Title 28 / Chapter 20 / Article 4 / Section 7009
28-7009 Statewide transportation acceleration needs account; establishment; definition
Status: in_force

28-7009. Statewide transportation acceleration needs account; establishment; definition

A. The statewide transportation acceleration needs account is established as a separate account in the state highway fund. The account consists of all of the following, except that the source of monies in the fund shall not be a consent agreement or any type of negotiated settlement by any state or local agency or any donation made in place of a consent agreement or any type of settlement:

1. Monies appropriated by the legislature.

2. Monies designated for deposit in the account by the transportation board, a state agency or a political subdivision.

3. Monies received from the United States government for the purpose of accelerating transportation projects.

4. Monies received from political subdivisions, Indian tribes or this state or its agencies for the purpose of accelerating transportation projects.

5. Interest and other income received from investing monies in the account.

6. Gifts, grants, donations or other amounts received from any public or private source for deposit in the account for the purpose of accelerating transportation projects.

B. On notice from the transportation board, the state treasurer shall invest and divest monies in the statewide transportation acceleration needs account as provided by section 35-313, and monies earned from investment shall be credited to the account.

C. The transportation board may establish any subaccount in the statewide transportation acceleration needs account that the board determines is necessary or appropriate to carry out the purposes of this section.

D. If a governmental entity or a private person deposits monies in the statewide transportation acceleration needs account for acceleration of a specific project and the appropriate regional planning agency or council of governments, in cooperation with the transportation board, approves the project, the board shall designate the monies deposited by the governmental entity or private person solely for the project for which the monies are deposited.

E. Notwithstanding section 28-6993, and any other agreements entered into by the department of transportation for the distribution and expenditure of monies from the state highway fund, the transportation board shall not approve any expenditures from the statewide transportation acceleration needs account unless the expenditure is made in accordance with this section and is for the construction or reconstruction of freeways, state highways, bridges and interchanges that are contained in the regional transportation plan of a county or the department's long-range statewide transportation plan pursuant to section 28-506.  For the purposes of this subsection, a regional transportation plan is a twenty-year comprehensive, performance-based, multimodal and coordinated regional transportation plan that is approved for the county as provided by law and as amended or otherwise modified.

F. Monies in the statewide transportation acceleration needs account shall be used only to pay for the following costs of a transportation project approved pursuant to this section:

1. Except as provided in section 28-7010:

(a) Materials and labor.

(b) Acquisition of rights-of-way for highway needs.

(c) Design and other engineering services that are within the scope of engineering practice as provided in title 32, chapter 1.

(d) Other directly related costs approved by the transportation board.

2. Beginning in fiscal year 2006-2007, interest costs resulting from bonds, loans, notes or other obligations issued or incurred or advances made by or on behalf of a city, town or county.

G. Monies in the statewide transportation acceleration needs account that are appropriated by the legislature and any interest earnings shall be allocated as follows:

1. For a county with a population of at least one million two hundred thousand persons for the area included in the regional planning agency's transportation improvement plan, sixty percent.

2. For a county with a population of more than five hundred thousand persons but less than one million two hundred thousand persons for the area included in the regional planning agency's transportation improvement plan, sixteen percent.

3. For all other counties, twenty-four percent.

H. The regional planning agency in a county designated as a transportation management area shall establish a process for the review and approval of transportation projects eligible to receive monies from the statewide transportation acceleration needs account.  As part of its request to the transportation board for monies, the regional planning agency shall ensure and submit evidence satisfactory to the board that any project costs not eligible for monies from the statewide transportation acceleration needs account are available and dedicated to the project.  In all other counties, the department, in cooperation with the metropolitan planning organization or the council of governments that has the authority to approve transportation projects for the county, shall develop requests for expenditure of monies from the statewide transportation acceleration needs account.  As part of the request to the transportation board for monies, the metropolitan planning organization or the council of governments for the department shall submit evidence satisfactory to the board that any project costs not eligible for monies from the statewide transportation acceleration needs account are available and dedicated to the project.

I. On receipt of a request for monies from the statewide transportation acceleration needs account, the transportation board shall place the request on the agenda for the next regular business meeting of the board. The board shall review the request and, in cooperation with the regional planning agency, the metropolitan planning organization or the council of governments, approve the request or further modify the request before approval.

J. The transportation board shall not approve the release of any monies from the statewide transportation acceleration needs account for a transportation project unless the board verifies that all costs related to construction of the project are covered.

K. A city, town or county may use monies that are in the statewide transportation acceleration needs account or any subaccount of the statewide transportation acceleration needs account, including monies that were previously approved by the board for a project and that were not specifically designated for interest costs for that project, for interest costs only if all of the following occur:

1. The regional planning agency in a county designated as a transportation management area recommends that the monies be spent for interest costs.

2. The board approves the regional planning agency's recommendation described in paragraph 1 of this subsection.

3. The city, town or county complies with this section.

L. Monies in the statewide transportation acceleration needs account shall be used to supplement, not supplant, funding that would otherwise be made available for projects.

M. A regional planning agency that receives monies from the statewide transportation acceleration needs account shall report on or before December 15 of each year to the senate and house of representatives transportation committees on approved projects and amounts expended for those projects.

N. For the purposes of this section, "project" means the construction or reconstruction of a specific portion of a freeway or state highway or a bridge or interchange or a portion of a bridge or interchange that is constructed at a single location.
A.R.S. § 28-1855 — Arizona Code / Title 28 / Chapter 6 / Article 3 / Section 1855
28-1855 Report by courts and agencies
Status: in_force

28-1855. Report by courts and agencies

Any court, other agency or subdivision of a court or agency that has jurisdiction to take any action suspending, revoking or otherwise limiting a license to drive shall report the action and the adjudication on which it is based to the licensing authority within ten days on forms furnished by the licensing authority.
A.R.S. § 28-677 — Arizona Code / Title 28 / Chapter 3 / Article 4 / Section 677
28-677 Declaration of statewide concern; prohibition of emergency response services fees; exceptions
Status: in_force

28-677. Declaration of statewide concern; prohibition of emergency response services fees; exceptions

A. The legislature finds that the regulation of emergency response services fees for motor vehicle accidents or other incidents involving motor vehicles or investigations, cleanup or preparation of reports of accidents or incidents is a matter of statewide concern and not subject to further regulation by a county, city or town of this state.

B. Except as provided in subsection C of this section, a county, city or town may not directly or indirectly charge a fee or seek reimbursement from the driver, an insurer or any other person for any costs or expenses for the provision of police, fire or other emergency responder services, personnel, supplies, motor vehicles or equipment in responding to a motor vehicle accident or other incident involving a motor vehicle or in the investigation, cleanup or preparation of a report of the accident or incident.

C. A county, city or town may charge a lawful and proper fee for any liability arising from the following:

1. Damages to property of the county, city or town.

2. Amounts due pursuant to title 12, chapter 7, article 10.

3. Charges for ambulance services provided by the city or town.

4. Charges authorized by section 28-910 or 28-1386.

5. Environmental cleanup costs as required by state or federal law.

6. Charges for public records under title 39, chapter 1.

7. Any other charge specifically permitted by state law.

8. Charges for fire or police services provided outside of the boundaries of a city or town located in a county with a population of less than one million persons.

9. Charges pursuant to intergovernmental agreements between political subdivisions.
A.R.S. § 28-5471 — Arizona Code / Title 28 / Chapter 15 / Article 3 / Section 5471
28-5471 Highway use fees; commercial motor vehicles; definition
Status: in_force

28-5471. Highway use fees; commercial motor vehicles; definition

A. In addition to all other fees, a person registering a motor vehicle or vehicle combination in this state under chapter 7, article 7 or 8 of this title or section 28-2324 shall pay for each motor vehicle or vehicle combination a highway use fee determined according to the following table:

Gross weight     Use fee for Use fee for

1979 and    1978 and older

newer models      models

75,001 - 80,000   $ 2,217      $ 1,095

70,001 - 75,000    1,895       1,040

65,001 - 70,000    1,175        975

60,001 - 65,000    1,099        915

55,001 - 60,000     902        860

50,001 - 55,000     828        790

45,001 - 50,000     751        715

40,001 - 45,000     665        635

36,001 - 40,000     664        560

32,001 - 36,000     570        485

30,001 - 32,000     469        405

28,001 - 30,000     378        325

26,001 - 28,000     287        245

24,001 - 26,000     190        190

22,001 - 24,000     135        135

20,001 - 22,000     125        125

18,001 - 20,000     115        115

16,001 - 18,000     105        105

14,001 - 16,000      90         90

12,001 - 14,000      80         80

10,001 - 12,000      70         70

8,001 - 10,000      60         60

0  - 8,000      50         50

B. For the purposes of this article, "model" means the year that is assigned to the motor vehicle for vehicle titling purposes.
A.R.S. § 28-4420 — Arizona Code / Title 28 / Chapter 10 / Article 4 / Section 4420
28-4420 Contents of brokering agreement
Status: in_force

28-4420. Contents of brokering agreement

A brokering agreement shall contain the following terms, conditions, requirements and disclosures:

1. The name, address, license number and telephone number of the broker.

2. A complete description, including line-make, model, year and color of the motor vehicle and the desired options.

3. The following statement:

The following information shall be completed before the signing of this brokering agreement:

(a) The dollar purchase price of vehicle: _______________.

(b) The date this agreement will expire if a purchase agreement from a selling dealer is not presented for your signature: ___________________________.

(c) The fee that you are obligated to pay, if any: _________________.

4. A notice that is printed in conspicuous type, that is placed immediately below the statement required by paragraph 3 and that states whether or not a fee is received from the selling dealer.

5. The following notice on the face of the brokering agreement in conspicuous type, circumscribed by a line, that reads as follows:

Notice

This is an agreement to provide services.  This is not an agreement for the purchase of a vehicle.  Arizona law gives you the following rights and protection:

Once you have signed this agreement, you have the right to cancel it and receive a full refund of any monies paid, including any brokerage fee you may have paid, under any of the following circumstances:

(a) The final price of the vehicle exceeds the purchase price listed above.

(b) The vehicle is not as described above on delivery.

(c) This agreement expires before you are presented with a selling dealer's purchase agreement.

If you have paid a purchase deposit, you have the right to receive a refund of that deposit at any time before you sign a vehicle purchase agreement with a selling dealer.  Purchase deposits are limited by law to no more than 2.5 per cent of the purchase price of a vehicle.  If you are unable to resolve a dispute with your broker or auto buying service, please contact an investigator of the department of transportation.

6. The date the agreement is executed.

7. The signature of the broker and the retail consumer.
A.R.S. § 28-2233 — Arizona Code / Title 28 / Chapter 7 / Article 7 / Section 2233
28-2233 Interstate commercial fleet registration; application; restrictions
Status: in_force

28-2233. Interstate commercial fleet registration; application; restrictions

A. In lieu of the registration required by section 28-2153, in lieu of the full payment of fees prescribed by sections 28-2003 and 28-5433 and notwithstanding section 28-2321, a resident or nonresident engaged in operating one or more fleets of commercial vehicles in this state and another jurisdiction may register and license each fleet for operation in this state.

B. The director may refuse to permit proportional registration of vehicles based in a jurisdiction that does not grant proportional registration privileges to fleet vehicles based in this state.

C. A person may proportionally register and license a vehicle pursuant to this article by filing an application with the director. The execution of the application is subject to penalties of perjury for false statements. The application shall contain the following information and other information pertinent to vehicle registration as the director requires:

1. Total fleet miles determined as follows:

(a) The total number of miles operated in all jurisdictions during the preceding year by the power units in the fleet.

(b) If a fleet is composed entirely of trailers or semitrailers, the total number of miles that the vehicles were towed on the highways of all jurisdictions during the preceding year.

2. In-state miles determined as follows:

(a) The total number of miles operated in this state during the preceding year by the power units in the fleet.

(b) If a fleet is composed entirely of trailers or semitrailers, the total number of miles that the vehicles were towed on the highways of this state during the preceding year.

3. A description and identification of each vehicle of the fleet that is to be proportionally registered in this state during the registration year for which proportional fleet registration is requested.

4. For proportional registration of an interstate fleet to be operated in this state for the first time:

(a) The mileage data with respect to the fleet for the preceding year in other jurisdictions and the estimated annual mileage for the fleet in this state.

(b) If no operations were conducted with the fleet during the preceding year, a full statement of the proposed method of operation and estimates of annual mileage in this state and other jurisdictions.

5. The United States department of transportation number and the federal taxpayer identification number.

D. The application shall not include as a proportionally registered fleet vehicle a vehicle that is operated exclusively in this state or a vehicle if the sole purpose of its operation in this state is for use in the conduct of intrastate business.

E. The department shall not register a vehicle under this article unless it has been or will be proportionally or otherwise properly registered in at least one other jurisdiction during the period for which proportional registration is sought in this state.

F. From the applications submitted for proportional registration of an interstate fleet to be operated in this state for the first time, the director shall fix the in-state and total fleet miles to be used in determining the mileage proportion for the fleet and may evaluate and adjust the estimate in the application if the director is not satisfied the estimate is correct.
A.R.S. § 28-945 — Arizona Code / Title 28 / Chapter 3 / Article 16 / Section 945
28-945 Alternate road lighting equipment
Status: in_force

28-945. Alternate road lighting equipment

A motor vehicle, except a commercial vehicle as defined in section 28-2231, may be operated under the conditions specified in section 28-922 when it is equipped with two lighted lamps that are on the front of the motor vehicle and that are capable of revealing persons and objects seventy-five feet ahead in lieu of lamps required in section 28-941 or 28-943, but the motor vehicle shall not be operated at a speed of more than twenty miles per hour.
A.R.S. § 28-735 — Arizona Code / Title 28 / Chapter 3 / Article 7 / Section 735
28-735 Overtaking bicycles; civil penalties
Status: in_force

28-735. Overtaking bicycles; civil penalties

A. When overtaking and passing a bicycle proceeding in the same direction, a person driving a motor vehicle shall exercise due care by leaving a safe distance between the motor vehicle and the bicycle of not less than three feet until the motor vehicle is safely past the overtaken bicycle.

B. If a person violates this section and the violation results in a collision causing:

1. Serious physical injury as defined in section 13-105 to another person, the violator is subject to a civil penalty of up to five hundred dollars.

2. Death to another person, the violator is subject to a civil penalty of up to one thousand dollars.

C. Subsection B of this section does not apply to a bicyclist who is injured in a vehicular traffic lane when a designated bicycle lane or path is present and passable.
A.R.S. § 28-5204 — Arizona Code / Title 28 / Chapter 14 / Article 1 / Section 5204
28-5204 Administration and enforcement; rules
Status: in_force

28-5204. Administration and enforcement; rules

A. In the administration and enforcement of this chapter, the department of transportation shall adopt:

1. Reasonable rules it deems proper governing the safety operations of motor carriers, including rules governing safety operations of motor carriers, shippers and vehicles transporting hazardous materials, hazardous substances or hazardous wastes and shall prescribe necessary forms. In determining reasonable rules, the department of transportation shall consider:

(a) The nature of the operations and regulation of public service corporations as defined in article XV, sections 2 and 10, Constitution of Arizona.

(b) Rules adopted by the director of environmental quality pursuant to section 49-855.

2. Rules necessary to enforce and administer this chapter, including rules setting forth reasonable procedures to be followed in the enforcement of this chapter and rules adopting transporter safety standards for hazardous materials, hazardous substances and hazardous waste. In adopting the rules, the department shall consider, as evidence of generally accepted safety standards, the publications of the United States department of transportation and the environmental protection agency.

B. Rules adopted by the department of transportation also apply to a manufacturer, shipper, motor carrier and driver.

C. The department of public safety shall and a political subdivision may enforce this chapter and any rule adopted pursuant to this chapter by the department of transportation. A person acting for a political subdivision in enforcing this chapter is required to be certified by the department of public safety as qualified for the enforcement activities.

D. The department may audit records and inspect vehicles that are subject to this chapter.
A.R.S. § 28-7311 — Arizona Code / Title 28 / Chapter 20 / Article 11 / Section 7311
28-7311 Urban and rural logo sign programs; rules; definitions
Status: in_force

28-7311. Urban and rural logo sign programs; rules; definitions

A. The department may establish an urban and a rural 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 any class of state highway or 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. Notwithstanding sections 28-648, 28-7048 and 28-7053, as part of the rural logo sign 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 or interstate highway system, located outside of an urbanized area with a population of one hundred thousand or more persons of 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 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, 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.
A.R.S. § 28-2005 — Arizona Code / Title 28 / Chapter 7 / Article 1 / Section 2005
28-2005 Disposition of fees; county assessor's special registration fund
Status: in_force

28-2005. Disposition of fees; county assessor's special registration fund

A. If the county assessor is acting as an agent of the department, the county assessor shall transmit the following monies to the county treasurer of the county in which the fee is collected:

1. One dollar of each registration fee.

2. One dollar of each title fee.

3. Two dollars of each late registration penalty collected by the assessor.

B. The county treasurer shall deposit the fees received pursuant to subsection A of this section in a special registration fund for the use of the assessor in carrying out the duties imposed by this article. The county treasurer shall allow and shall pay claims against the fund in the same manner as claims against the county are allowed and paid.

C. The board of supervisors may order the transfer of all or any unexpended part of the monies in the special registration fund received during the previous fiscal year to the fund for the maintenance and construction of county highways. The county treasurer may invest inactive monies in the special registration fund in United States government bonds or interest bearing notes and other interest bearing obligations of the United States for which the full faith and credit of the United States are pledged. The county treasurer shall credit all interest earned on the special registration fund monies to the special fund.

D. Except as otherwise provided by law, the collecting officer shall immediately transmit monies received from fees and taxes imposed by this chapter, except the portion retained for the assessor's special registration fund, to the director. The director shall deposit, pursuant to sections 35-146 and 35-147, the monies in the Arizona highway user revenue fund.

E. Each county assessor shall collect and transmit monies received as motor vehicle emissions inspection fees, exemption fees or certificate of waiver fees pursuant to section 49-543, the annual registration fee and the vehicle license tax to the state treasurer. The state treasurer shall deposit:

1. The emissions inspection fees, exemption fees and certificate of waiver fees in the emissions inspection fund established by section 49-544.

2. The annual registration fee and vehicle license tax as prescribed by law.
A.R.S. § 28-7368 — Arizona Code / Title 28 / Chapter 20 / Article 13 / Section 7368
28-7368 Multiterm contracts for job-order-contracting construction services
Status: in_force

28-7368. Multiterm contracts for job-order-contracting construction services

A. A contract for construction services using the job-order-contracting method may be entered into for a period of up to five years, as deemed to be in the best interest of the department, if the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and monies are available for the first fiscal year at the time of contracting.  Payment and performance obligations for succeeding fiscal years are subject to the availability and appropriation of monies.

B. Before the use of a multiterm contract, the department shall determine in writing that:

1. Estimated requirements cover the period of the contract and are reasonable and continuing.

2. The contract serves the best interests of the department by encouraging effective competition or otherwise promoting economies in the department's procurement.

C. If monies are not appropriated or otherwise made available to support the continuation of performance in a subsequent fiscal year, the contract shall be canceled and the contractor may only be reimbursed for the reasonable value of any nonrecurring costs that are incurred but not amortized in the price of the construction services delivered under the contract or that are otherwise not recoverable.  The cost of cancellation may be paid from any appropriations available for these purposes.  Contractors are not entitled to compensation for a decision to not renew or extend a contract.
A.R.S. § 28-1142 — Arizona Code / Title 28 / Chapter 3 / Article 19 / Section 1142
28-1142 Application
Status: in_force

28-1142. Application

A. A person shall not operate, move or leave standing on a highway of this state a vehicle that is carrying or transporting cargo and that is required to have a permit for excess size or weight or that is otherwise not in conformity with this chapter unless the department issued an envelope permit or the person obtained a permit pursuant to section 28-1103.

B. A person shall submit an application for an envelope permit to the director in writing on a form prescribed and furnished by the director. The application shall be verified and shall state:

1. The principal place of business of the applicant.

2. The established place of business or the place of business at or from which the business is to be conducted.

3. The vehicle identification number of and the make of the vehicle that the applicant lists as an authorized vehicle on the envelope permit.

4. Other information the director requires.

C. The director shall deny an application for an envelope permit if the applicant knowingly makes a misrepresentation, misstatement or material omission of information on the application. A person who is denied an envelope permit pursuant to this subsection is not eligible to reapply for an envelope permit for a period of up to twenty-four months from the date of the denial.

D. This article, article 18 of this chapter and department rules relating to envelope permits and overdimensional permits apply if a local authority does not issue permits pursuant to section 28-1103.

E. The department shall make its rules relating to envelope permits and overdimensional permits electronically available in a format that is the same or similar to the format prescribed by the director pursuant to section 28-1103.
A.R.S. § 28-2486 — Arizona Code / Title 28 / Chapter 7 / Article 14 / Section 2486
28-2486 Retention of old certificate of title
Status: in_force

28-2486. Retention of old certificate of title

A. The owner of a vehicle may retain the old canceled certificate of title if:

1. The application for a new title is granted.

2. The old title is marked "canceled" on its face.

3. A photostatic copy paid for by the applicant is made of the canceled certificate of title.

B. The photostatic copy is deemed to be the original for purposes of canceled title records of the department.
A.R.S. § 28-4153 — Arizona Code / Title 28 / Chapter 9 / Article 4 / Section 4153
28-4153 False certification or affirmation; violation; classification; suspension; fees
Status: in_force

28-4153. False certification or affirmation; violation; classification; suspension; fees

A. A person who makes a false certification or affirms falsely to any matter or thing required by section 28-4152 to be certified or affirmed is guilty of a class 2 misdemeanor.

B. If the department has reasonable grounds to believe the registered owner of a motor vehicle registered in this state has falsely certified or affirmed any matter or thing required by section 28-4152, the department shall:

1. Suspend the registered owner's motor vehicle registration, license plate and driver license for a period of one year.

2. Send notice to the registered owner that the motor vehicle registration, license plate and driver license will be suspended fifteen days after the date the notice was mailed unless a hearing is requested.

C. The department shall not terminate the suspension until the applicant both:

1. Files with the department proof of financial responsibility pursuant to article 3 of this chapter.

2. Pays ten dollars to the department for the reinstatement of the driver license and twenty-five dollars for the reinstatement of the motor vehicle registration and license plate.
A.R.S. § 28-2414 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2414
28-2414 Veteran special plates
Status: in_force

28-2414. Veteran special plates

A. The department shall issue veteran special plates to:

1. A person who submits satisfactory proof to the department that the person is a veteran.

2. The immediate family member of a person who has been issued a license plate pursuant to this section.

B. The department shall issue veteran special plates for motorcycles.

C. The department shall design the veteran special plates.  Each veteran special plate shall contain a red, white and blue design and the designation "veteran" at the bottom of the plate.  The department shall design seven different veteran special plates as follows:

1. One plate shall contain an American flag in the center of the plate.

2. One plate shall contain an army seal.

3. One plate shall contain a navy seal.

4. One plate shall contain a United States marine corps seal.

5. One plate shall contain an air force seal.

6. One plate shall contain a coast guard seal.

7. One plate shall contain a Native American code talkers seal.

D. A person who meets the qualifications of subsection A of this section may select which veteran special plate design prescribed by subsection C of this section that the person receives from the department.

E. Of the $25 fee required by section 28-2402 for original veteran special plates and for renewal of veteran special plates, $8 is a special plate administration fee and $17 is a veteran plate annual donation.

F. 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 shall deposit the veteran plate annual donations in the veterans' donations fund established by section 41-608.

G. A request for special plates issued under this section may be combined with a request for a personalized special plate issued pursuant to section 28-2406.  The department shall prescribe the form for the request. The initial combined request is subject to the fee required for veteran special plates and the fee required for the other special plate issued pursuant to section 28-2406. On renewal of the combined special plates, the fee is $25 and shall be divided and deposited as prescribed in subsections E and F of this section.
A.R.S. § 28-2292 — Arizona Code / Title 28 / Chapter 7 / Article 9 / Section 2292
28-2292 Nonresident daily commuter vehicle operation
Status: in_force

28-2292. Nonresident daily commuter vehicle operation

Notwithstanding this chapter, a nonresident daily commuter may operate a motor vehicle on the highways of this state if all of the following conditions are met:

1. The motor vehicle is either:

(a) A passenger vehicle.

(b) A commercial vehicle of a type commonly referred to as a pickup truck of less than six thousand pounds unladen weight with not more than two axles.

2. The motor vehicle is used regularly to transport passengers on the highways of this state principally between and to and from the place of residence in a contiguous state and the place of employment in this state by the owner of the motor vehicle and is not used for any other business purpose.

3. The motor vehicle is not used in the course of a business within this state, including the transportation of property other than incidental personal property between and to or from the place of residence in a contiguous state and the place of employment of the motor vehicle owner in this state.
A.R.S. § 28-8523 — Arizona Code / Title 28 / Chapter 25 / Article 8 / Section 8523
28-8523 Annual operating budget
Status: in_force

28-8523. Annual operating budget

A. Before June 1 or at an earlier time as may be specified in the agreement described in section 28-8521, the joint powers airport authority's board of directors shall recommend to the members of the airport authority an annual operating budget for the airport authority for the next fiscal year. Before the determination by the airport authority board of directors as to the amount of the budget allocation for each member that may require a levy of taxes, the airport authority board of directors shall take into account all revenues and fees of the airport and other monies legally available to fund the operations of the airport and airport authority.

B. The governing bodies of the airport authority's members, including any new members who are admitted pursuant to section 28-8526, shall approve and adopt, in the manner specified in the agreement described in section 28-8521, an operating budget for the airport authority before August 1 or at an earlier time as may be specified in the agreement described in section 28-8521.
A.R.S. § 28-1387 — Arizona Code / Title 28 / Chapter 4 / Article 3 / Section 1387
28-1387 Prior convictions; alcohol or other drug screening, education and treatment; license suspension; supervised probation; civil liability; procedures
Status: in_force

28-1387. Prior convictions; alcohol or other drug screening, education and treatment; license suspension; supervised probation; civil liability; procedures

A. The court shall allow the allegation of a prior conviction or any other pending charge of a violation of section 28-1381, 28-1382 or 28-1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383 filed twenty or more days before the date the case is actually tried and may allow the allegation of a prior conviction or any other pending charge of a violation of section 28-1381, 28-1382 or 28-1383 or an act in another jurisdiction that if committed in this state would be a violation of section 28-1381, 28-1382 or 28-1383 filed at any time before the date the case is actually tried if this state makes available to the defendant when the allegation is filed a copy of any information obtained concerning the prior conviction or other pending charge. Any conviction may be used to enhance another conviction irrespective of the dates on which the offenses occurred within the eighty-four month provision.  For the purposes of this article, an order of a juvenile court adjudicating a person delinquent is equivalent to a conviction.

B. In addition to any other penalties prescribed by law, the judge shall order a person who is convicted of a violation of section 28-1381, 28-1382 or 28-1383 to complete alcohol or other drug screening that is provided by a facility approved by the department of health services, the United States department of veterans affairs or a probation department.  If a judge determines that the person requires further alcohol or other drug education or treatment, the person may be required pursuant to court order to obtain alcohol or other drug education or treatment under the court's supervision from an approved facility. The judge may review an education or treatment determination at the request of the state, the defendant or the probation officer or on the judge's initiative. The person shall pay the costs of the screening, education or treatment unless, after considering the person's ability to pay all or part of the costs, the court waives all or part of the costs.  If a person is referred to a screening, education or treatment facility, the facility shall report to the court whether the person has successfully completed the screening, education or treatment program. The court may accept evidence of a person's completion of alcohol or other drug screening pursuant to section 28-1445 as sufficient to meet the requirements of this section or section 28-1381, 28-1382 or 28-1383 or may order the person to complete additional alcohol or other drug screening, education or treatment programs. If a person has previously been ordered to complete an alcohol or other drug screening, education or treatment program pursuant to this section, the judge shall order the person to complete an alcohol or other drug screening, education or treatment program unless the court determines that alternative sanctions are more appropriate.

C. After a person who is sentenced pursuant to section 28-1381, subsection I has served twenty-four consecutive hours in jail or after a person who is sentenced pursuant to section 28-1381, subsection K or section 28-1382, subsection D or E has served forty-eight consecutive hours in jail and after the court receives confirmation that the person is employed or is a student, the court shall provide in the sentence that the defendant, if the defendant is employed or is a student and can continue the defendant's employment or schooling, may continue the employment or schooling for not more than twelve hours a day nor more than six days a week, unless the court finds good cause to not allow the release and places those findings on the record.  The person shall spend the remaining day, days or parts of days in jail until the sentence is served and shall be allowed out of jail only long enough to complete the actual hours of employment or schooling.

D. Unless the license of a person convicted under section 28-1381 or 28-1382 has been or is suspended pursuant to section 28-1321 or 28-1385, the department on receipt of the abstract of conviction of a violation of section 28-1381 or 28-1382 shall suspend the license of the affected person for not less than ninety consecutive days.

E. When the department receives notification that the person meets the criteria provided in section 28-1385, subsection I, the department shall suspend the driving privileges of the person for not less than thirty consecutive days and shall restrict the person's driving privileges as described in section 28-144 for not less than sixty consecutive additional days.

F. If a person is placed on probation for violating section 28-1381 or 28-1382, the probation shall be supervised unless the court finds that supervised probation is not necessary or the court does not have supervisory probation services.

G. Any political subdivision processing or using the services of a person ordered to perform community restitution pursuant to section 28-1381 or 28-1382 does not incur any civil liability to the person ordered to perform community restitution as a result of these activities unless the political subdivision or its agent or employee acts with gross negligence.

H. The court may order alternative sanctions to community restitution that is ordered pursuant to section 28-1381, subsection K or section 28-1382, subsection E if the court determines that education, treatment or other alternative sanctions are more appropriate.
A.R.S. § 28-650 — Arizona Code / Title 28 / Chapter 3 / Article 3 / Section 650
28-650 Warning devices at construction sites
Status: in_force

28-650. Warning devices at construction sites

A person, contractor or political subdivision performing work on roads, streets or highways shall post and maintain warning signs, signals, markers and barricades that are in compliance with the manual and specifications prescribed in section 28-641. These warning signs, signals, markers or barricades shall be maintained at the work site to warn those using the street, road or highway until the work is completed or until such time as the governing body authorizes removal.
A.R.S. § 28-5616 — Arizona Code / Title 28 / Chapter 16 / Article 1 / Section 5616
28-5616 Light class motor vehicles
Status: in_force

28-5616. Light class motor vehicles

With respect to light class motor vehicles, the director shall not:

1. Issue a refund for use fuel purchased in this state and consumed on the highways of another state.

2. Tax use fuel acquired in another state and consumed on the highways in this state.
A.R.S. § 28-856 — Arizona Code / Title 28 / Chapter 3 / Article 12 / Section 856
28-856 Emerging from alley, driveway or building
Status: in_force

28-856. Emerging from alley, driveway or building

The driver of a vehicle emerging from an alley, driveway or building within a business or residence district shall:

1. Stop the vehicle immediately before driving onto a sidewalk or onto the sidewalk area extending across any alleyway or private driveway.

2. Yield the right-of-way to any pedestrian as necessary to avoid collision.

3. On entering the roadway, yield the right-of-way to all closely approaching vehicles on the roadway.
A.R.S. § 28-8134 — Arizona Code / Title 28 / Chapter 24 / Article 2 / Section 8134
28-8134 Department participation; limitation
Status: in_force

28-8134. Department participation; limitation

In a county in which a regional public transportation authority has been established pursuant to title 48, chapter 29, the department may participate in the regional transit planning, coordination and demonstration activities prescribed by this article only in consultation with the authority.
A.R.S. § 28-5491 — Arizona Code / Title 28 / Chapter 15 / Article 4 / Section 5491
28-5491 Definitions
Status: in_force

28-5491. Definitions

In this article, unless the context otherwise requires:

1. "Declared gross weight" has the same meaning prescribed in section 28-5431.

2. "Light motor vehicle" means a self-propelled motor driven vehicle that has a declared gross weight of twelve thousand or fewer pounds and that is used to transport for hire persons, freight or property.
A.R.S. § 28-6702 — Arizona Code / Title 28 / Chapter 19 / Article 1 / Section 6702
28-6702 Proposed highway survey; notice of hearing
Status: in_force

28-6702. Proposed highway survey; notice of hearing

A. On filing the petition prescribed in section 28-6701, the board of supervisors shall:

1. Direct the county engineer to make a survey of the proposed highway and to file with the board a report of the proposed highway and a map as surveyed that shows the legal subdivision of the lands traversed by the survey. If a survey and maps have already been made for any purpose, these data and maps may be used instead of conducting a survey pursuant to this section.

2. Set a date for a public hearing.

3. Give notice to the public of the hearing by advertising once a week for two consecutive weeks in a newspaper of general circulation in the county. The notice shall state the purpose and the date of the hearing and shall direct all persons desiring to object to the action requested in the recommendation or petition to file with the board of supervisors a statement in writing setting forth their objection or opposition, and to show cause why the recommendation or petition should not be granted.

B. On receipt of a recommendation by the county engineer pursuant to section 28-6701, the board of supervisors shall comply with subsection A, paragraphs 2 and 3 of this section.
A.R.S. § 28-3315 — Arizona Code / Title 28 / Chapter 8 / Article 6 / Section 3315
28-3315 Period of suspension, revocation or disqualification; unlicensed drivers; definitions
Status: in_force

28-3315. Period of suspension, revocation or disqualification; unlicensed drivers; definitions

A. The department shall not suspend, revoke or disqualify a driver license or privilege to drive a motor vehicle on the public highways for more than one year from the date of a conviction or judgment, if any, against a person for which this chapter makes revocation, suspension or disqualification mandatory or from the date the notice is sent pursuant to section 28-3318 if no conviction was involved, except as permitted under subsection E of this section and sections 28-3312, 28-3319 and 28-3320.

B. A person whose license or privilege to drive a motor vehicle on the public highways has been revoked may apply for reinstatement of the person's license as provided by law after the cause of the revocation is removed or after expiration of the revocation period prescribed by law.  The department may reinstate the person's driver license after the department reviews an applicant's driving record in this state or another state or other sufficient evidence to determine that:

1. All withdrawal actions are complete.

2. The applicant has not been convicted of or found responsible for any traffic violations within twelve months preceding application.

3. All other statutory requirements are satisfied.

C. The department shall not accept an application for reinstatement of a driver license until after the twelve month period prescribed in subsection B of this section has elapsed.

D. If the department reinstates a person's driver license or driving privilege for a revocation that is related to alcohol or other drugs, the department may accept an evaluation that was performed within the previous twelve months from a physician, a psychologist, a physician assistant, a registered nurse practitioner or an addiction counselor indicating that, in the opinion of the physician, psychologist, physician assistant, registered nurse practitioner or addiction counselor, the condition does not affect or impair the person's ability to safely operate a motor vehicle. For the purposes of reinstating a license or driving privilege pursuant to this article, the department may rely on the opinion of a physician, a psychologist, a physician assistant, a registered nurse practitioner or an addiction counselor.

E. Notwithstanding subsections A and B of this section:

1. A person whose license or privilege to drive is revoked pursuant to section 28-3304, subsection A, paragraph 1 or 10 is not entitled to have the person's license or privilege renewed or restored for three years.

2. A person whose license or privilege to drive is revoked pursuant to section 13-1209 is not entitled to have the person's license or privilege renewed or restored for the period of time ordered by the court.

3. If a license, permit or privilege to drive is revoked pursuant to section 28-661, subsection F the license, permit or privilege may not be renewed or restored except as prescribed by section 28-661, subsections F and G.

4. A person whose license, permit or privilege to drive is revoked pursuant to section 28-661, subsection H is not entitled to have the person's license, permit or privilege renewed or restored for three years.

F. If an unlicensed driver commits an offense for which a driver license could be suspended, revoked or disqualified, the department shall not accept the unlicensed driver's application for a driver license for a period equal to the period of time that applies to a driver with a license. If the offense is one for which a driver license could be revoked, the department shall not accept the unlicensed driver's application for a driver license unless the application includes an evaluation from a physician, psychologist, physician assistant, registered nurse practitioner or addiction counselor on the habits and driving ability of the person and the evaluator is satisfied that it is safe to grant the privilege of driving a motor vehicle on the public highways.

G. The expiration of a person's license during the period of time it is under suspension, revocation or disqualification does not invalidate or terminate the suspension, revocation or disqualification.

H. A person whose license or privilege to drive a motor vehicle on the public highways has been suspended pursuant to section 28-3306, subsection A, paragraph 5 or section 28-3314 may apply for a new license as provided by law after the cause for suspension is removed or after expiration of the suspension period prescribed by law if both of the following conditions are met:

1. The department is satisfied, after reviewing the medical condition and driving ability of the person, that it is safe to grant the person the privilege of driving a motor vehicle on the public highways.

2. If the person has a medical condition related to alcohol or other drugs, the department may accept an evaluation form from a physician, a psychologist, a physician assistant, a registered nurse practitioner or an addiction counselor indicating that, in the opinion of the physician, psychologist, physician assistant, registered nurse practitioner or addiction counselor, the condition does not affect or impair the person's ability to operate a motor vehicle in a safe manner.

I. For the purposes of this section:

1. "Addiction counselor" has the same meaning prescribed in section 28-3005.

2. "Physician" means a physician who is licensed pursuant to title 32, chapter 13, 14, 17 or 29.

3. "Physician assistant" means a physician assistant who is licensed pursuant to title 32, chapter 25.

4. "Psychologist" means a psychologist who is licensed pursuant to title 32, chapter 19.1.

5. "Registered nurse practitioner" means a registered nurse practitioner who is licensed pursuant to title 32, chapter 15.
A.R.S. § 28-7565 — Arizona Code / Title 28 / Chapter 21 / Article 2 / Section 7565
28-7565 Liability; bond validity
Status: in_force

28-7565. Liability; bond validity

A. The members of the board or a person executing the bonds authorized by this article are not personally liable for the payment of the bonds.

B. The bonds are valid and binding obligations of the board notwithstanding the fact that before the delivery of the bonds any of the officers whose signatures appear on the bonds cease to be officers of the board.

C. From and after the sale and delivery of the bonds, the bonds are incontestable by the board or the county.
A.R.S. § 28-772 — Arizona Code / Title 28 / Chapter 3 / Article 9 / Section 772
28-772 Vehicle turning left at intersection
Status: in_force

28-772. Vehicle turning left at intersection

The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to a vehicle that is approaching from the opposite direction and that is within the intersection or so close to the intersection as to constitute an immediate hazard.
A.R.S. § 28-6542 — Arizona Code / Title 28 / Chapter 18 / Article 2 / Section 6542
28-6542 Incorrect distributions; adjustments
Status: in_force

28-6542. Incorrect distributions; adjustments

A. If the department determines that any of the amounts allocated and distributed as provided in this chapter during the preceding twenty-four months are incorrect, the department shall adjust future monthly allocations to correct any overages or shortages as provided in this section. The state treasurer shall distribute revenues in accordance with the adjusted allocations determined pursuant to this section.

B. An adjustment to the amount allocated and distributed shall not be initiated pursuant to this section more than twenty-four months after the original distribution.

C. The department shall adjust the allocations as follows:

1. In the case of overages, the department shall reduce the subsequent monthly allocation by the amount of the overage, if the remaining allocation is at least seventy-five per cent of the amount that would otherwise have been allocated to the recipient. If the entire amount of the required adjustment cannot be made in a single month, the department shall repeat the procedure in subsequent months until the overage is corrected.

2. In the case of shortages, the department shall increase the subsequent monthly allocation by the amount of the shortage, if the total amount of all of the increases in any single month does not exceed the total amount of all of the reductions made pursuant to paragraph 1 in that month.  If the total of all reductions in a month is less than the amount of increases, the department shall proportionally reduce the increases.
A.R.S. § 28-2059 — Arizona Code / Title 28 / Chapter 7 / Article 2 / Section 2059
28-2059 Obtaining a certificate of title; refusal; revocation
Status: in_force

28-2059. Obtaining a certificate of title; refusal; revocation

A. If satisfactory proof of ownership is furnished to the director, the director may issue a certificate of title for a motor vehicle, trailer or semitrailer whether or not a certificate of title has ever been issued for that motor vehicle, trailer or semitrailer.

B. If the director determines that an applicant for a certificate of title to a motor vehicle, trailer or semitrailer is not entitled to a certificate of title, the director may refuse to issue a certificate of title or to register the vehicle. The director may revoke a registration already acquired or an outstanding certificate of title. The director shall serve a notice of refusal to issue a certificate of title or vehicle registration or a notice of revocation of a certificate of title or registration in person or by first class mail.  Within fifteen days after the date the notice is mailed or served, a person who is aggrieved by the refusal or revocation may request a hearing.
A.R.S. § 28-1463 — Arizona Code / Title 28 / Chapter 4 / Article 5 / Section 1463
28-1463 Proof of compliance; suspension; hearings
Status: in_force

28-1463. Proof of compliance; suspension; hearings

A. If a person whose driving privilege is limited pursuant to section 28-1381, 28-1382, 28-1383 or 28-3319 or restricted pursuant to section 28-1402 does not submit proof of compliance to the department as prescribed in section 28-1461, the department shall suspend the person's driving privilege until proof of compliance is submitted to the department. Unless a different time period is specified pursuant to section 28-3319, subsection D, the department shall require use of the certified ignition interlock device for one year from the date the person submits proof of compliance as prescribed in section 28-1461.  If a person does not request a hearing pursuant to subsection B of this section, the department shall immediately suspend the person's driver license.

B. A person whose driver license is suspended pursuant to this section may submit a written request for a hearing.  The written request must be received by the department within fifteen days after the date of the order of suspension.  On receipt of a request for a hearing, a hearing shall be held within thirty days.

C. A timely request for a hearing stays the suspension until a hearing is held, except that the department shall not return any surrendered driver license or permit to the person but may issue temporary permits to drive that expire no later than when the department has made its final decision.

D. Hearings requested pursuant to this section shall be conducted in the same manner and under the same conditions as provided in section 28-3306. For the purposes of this section, the scope of the hearing shall include only the following issues:

1. Whether the person was ordered or required to equip a motor vehicle with an ignition interlock device pursuant to article 3 or 3.1 of this chapter or section 28-3319.

2. Whether the person submitted proof of compliance or calibration pursuant to section 28-1461.
A.R.S. § 28-2003 — Arizona Code / Title 28 / Chapter 7 / Article 1 / Section 2003
28-2003 Fees; vehicle title and registration; identification plate; definitions
Status: in_force

28-2003. Fees; vehicle title and registration; identification plate; definitions

A. The following fees are required:

1. For each certificate of title, salvage certificate of title, restored salvage certificate of title or nonrepairable vehicle certificate of title, $4.

2. For each certificate of title for a mobile home, $7. The director shall deposit $3 of each fee imposed by this paragraph in the state highway fund established by section 28-6991.

3. Except as provided in section 28-1177, for the registration of a motor vehicle, $8, except that the fee for motorcycles is $9.

4. For a duplicate registration card or any duplicate permit, $4.

5. For each special ninety day nonresident registration issued under section 28-2154, $15.

6. For the registration of a trailer or semitrailer that is not a travel trailer, that is ten thousand pounds or less declared gross weight and that is used in the furtherance of a commercial enterprise, $8.

7. For the registration of a trailer or semitrailer that is not a travel trailer and that exceeds ten thousand pounds declared gross weight:

(a) On initial registration, a onetime fee of $245.

(b) On renewal of registration or if previously registered in another state, a onetime fee of:

(i) If the trailer's or semitrailer's model year is less than six years old, $145.

(ii) If the trailer's or semitrailer's model year is at least six years old, $95.

8. For the registration of a noncommercial trailer that is not a travel trailer and that is ten thousand pounds or less declared gross weight:

(a) On initial registration, a onetime fee of $20.

(b) On renewal of registration, a onetime fee of $5.

9. For a transfer of a noncommercial trailer that is not a travel trailer and that is ten thousand pounds or less declared gross weight, $12.

10. For each special ninety day resident registration issued under section 28-2154, $15.

11. For each one trip registration permit issued under section 28-2155, $1.

12. For each temporary general use registration issued under section 28-2156, $15.

13. For each identification plate bearing a serial or identification number to be affixed to any vehicle, $5.

B. For the purposes of this section:

1. "Declared gross weight" has the same meaning prescribed in section 28-5431.

2. "Travel trailer" means a trailer that is:

(a) Mounted on wheels.

(b) Designed to provide temporary living quarters for recreational, camping or travel use.

(c) Less than eight feet in width and less than forty feet in length.
A.R.S. § 28-2065 — Arizona Code / Title 28 / Chapter 7 / Article 2 / Section 2065
28-2065 Electronic and digital signatures; documents
Status: in_force

28-2065. Electronic and digital signatures; documents

A. The director, in cooperation with a statewide association of franchised new motor vehicle dealers, shall establish a program to accept and use electronic or digital signatures.

B. In the process of developing the program, the director shall research and develop methods to allow the department, authorized third parties, licensed financial institutions, licensed insurers or any other business or individual as determined by the director to accept, exchange and use electronic or digital signatures for any document or for any transaction prescribed in this chapter and sections 28-370, 28-444, 28-453 and 28-5111.

C. The participants shall ensure that adequate security measures are in place to prevent any illegal use of the signatures or other information exchanged pursuant to this section.

D. The director may determine and require reimbursement from program participants for costs related to computer programming, hardware, development and personnel. The department shall deposit, pursuant to sections 35-146 and 35-147, all monies received pursuant to this section in a separate account of the state highway fund established by section 28-6991. Monies in the separate account are continuously appropriated. The director may transfer monies deposited pursuant to this subsection from the separate account to the operating budget of the department's motor vehicle division for the purpose of reimbursing the department's operating budget for expenditures made by the division pursuant to this section.

E. This section does not limit the use of electronic and digital signatures used by state agencies, boards or commissions pursuant to section 18-106.

F. The director may adopt rules necessary to implement this section.
A.R.S. § 28-7915 — Arizona Code / Title 28 / Chapter 23 / Article 1 / Section 7915
28-7915 Violation; classification
Status: in_force

28-7915. Violation; classification

A person who violates this article or a rule of the director adopted under this article is guilty of a class 2 misdemeanor.
A.R.S. § 28-8321 — Arizona Code / Title 28 / Chapter 25 / Article 4 / Section 8321
28-8321 Definition of resident
Status: in_force

28-8321. Definition of resident

For the purpose of registration of an aircraft, "resident" has the same meaning prescribed in section 28-2001.
A.R.S. § 28-4805 — Arizona Code / Title 28 / Chapter 11 / Article 1 / Section 4805
28-4805 Towing company; partial reimbursement; registration; payment forfeiture
Status: in_force

28-4805. Towing company; partial reimbursement; registration; payment forfeiture

A. If a vehicle is abandoned pursuant to section 28-4802 and a fee is collected by the department, the towing company that towed the abandoned vehicle, if still in business, is entitled to receive twenty percent of the fee collected as a partial reimbursement of the costs incurred by the towing company.

B. A towing company that is owed partial reimbursement under subsection A of this section is required to register with the state's procurement office in order to qualify for payment.  Failure to register with the state's procurement office will result in denial of payment and forfeiture of the payment.

C. The department shall make three good faith attempts to contact the towing company identified as having towed an abandoned vehicle pursuant to section 28-4802 in order to facilitate payment of the partial reimbursement under subsection A of this section. Notwithstanding any other law and after the good faith effort required by this subsection, if the department does not receive a response from or is unable to make contact with the towing company after thirty days, the payment is subject to forfeiture and will revert to the abandoned vehicle administration fund established by section 28-4804.
A.R.S. § 28-3006 — Arizona Code / Title 28 / Chapter 8 / Article 1 / Section 3006
28-3006 Driver license and nonoperating identification license applications; organ or tissue donation preference; reimbursement; definition
Status: in_force

28-3006. Driver license and nonoperating identification license applications; organ or tissue donation preference; reimbursement; definition

A. The director shall establish procedures:

1. To allow a person applying for a driver license, permit or nonoperating identification license pursuant to this chapter to indicate during the application process the person's preference to be an organ or tissue donor. An indication that the applicant wishes to be an organ or tissue donor is considered to be a document of gift.

2. For the release of information contained in the driving record of a person who executes a document of gift that indicates a preference to be an organ or tissue donor if the release is for the purpose of being registered in the donor registry maintained pursuant to section 36-858.

B. In consultation with an organ procurement organization of this state, the director may prescribe the form and content of an indicia to be placed on a driver license, permit or nonoperating identification license issued by the department indicating the person's wishes to be an organ or tissue donor.

C. The department shall not implement this section unless the organ procurement organization that is located in this state and that meets the requirements of section 371 of the public health service act (58 Stat. 682; 42 United States Code section 273) provides adequate funding to the department to cover the costs the department will incur in implementing this section.

D. For the purposes of this section, "document of gift" has the same meaning prescribed in section 36-841.
A.R.S. § 28-623 — Arizona Code / Title 28 / Chapter 3 / Article 2 / Section 623
28-623 Obedience by public officers and employees; exceptions
Status: in_force

28-623. Obedience by public officers and employees; exceptions

A. Except as provided in this section and subject to specific exceptions prescribed in this chapter and chapters 4 and 5 of this title with reference to authorized emergency vehicles, the provisions of this chapter and chapters 4 and 5 of this title applicable to the drivers of vehicles on the highways apply to the drivers of all vehicles owned or operated by the United States, this state or any county, city, town, district or other political subdivision of this state.

B. Unless specifically made applicable by law, this chapter and chapters 4 and 5 of this title:

1. Do not apply to persons, teams, motor vehicles and other equipment while actually engaged in work on the surface of a highway.

2. Do not apply to railroad employees working on a railroad track or tracks crossing the highway.

3. Apply to persons and vehicles described in this section if they are traveling to or from work on the surface of a highway or on a railroad track or tracks crossing the highway.
A.R.S. § 28-4541 — Arizona Code / Title 28 / Chapter 10 / Article 7 / Section 4541
28-4541 Continuation date; delinquent fee due from manufacturer; penalty
Status: in_force

28-4541. Continuation date; delinquent fee due from manufacturer; penalty

A. In order to distribute the continuation workload as uniformly as practicable throughout the twelve months of the calendar year, the director may provide for staggered continuation dates for the right to use a manufacturer license plate.  In order to initiate a staggered continuation system, the director may initially provide or continue the right for more or less than a twelve month period, but not more than eighteen months, and may prorate the fees.

B. If a manufacturer fails, neglects or refuses to file an application for renewal and pay the required fee for the ensuing year on or before midnight on the continuation date, the fee is delinquent, and the department shall charge and collect a penalty equal to the fee if the manufacturer files an application for renewal after the continuation date.
A.R.S. § 28-5635 — Arizona Code / Title 28 / Chapter 16 / Article 1 / Section 5635
28-5635 Discontinuance, sale or transfer of business; violation; classification
Status: in_force

28-5635. Discontinuance, sale or transfer of business; violation; classification

A. When a supplier ceases to engage in business as a supplier in this state and discontinues, sells or transfers the business:

1. The supplier shall notify the director in writing at least ten days before the discontinuance, sale or transfer takes effect. The notice shall give:

(a) The date of discontinuance, sale or transfer of the business.

(b) The name and address of the purchaser or transferee of the business.

2. All taxes, penalties and interest not then due and payable under this article or section 28-8344 are due and payable concurrently with the discontinuance, sale or transfer. Concurrent with the discontinuance, sale or transfer, the supplier shall:

(a) Make a report.

(b) Pay all taxes, interest and penalties.

(c) Surrender to the director the license issued to the supplier by the director.

B. Unless the notice is given to the director, the purchaser or transferee is liable to this state for the amount of all taxes, penalties and interest accrued under this article or section 28-8344 against the supplier who is selling or transferring the supplier's business on the date of the sale or transfer but only to the extent of the value of the property and business that is acquired from the supplier.

C. A person who violates this section is guilty of a class 1 misdemeanor.
A.R.S. § 28-1327 — Arizona Code / Title 28 / Chapter 4 / Article 2 / Section 1327
28-1327 Reproduction of records; admissibility; computer storage; definition
Status: in_force

28-1327. Reproduction of records; admissibility; computer storage; definition

A. The head of a law enforcement agency or the director of the department of health services may place on computer storage any records concerning a quantitative breath testing device. Signatures that are found on the records do not have to be placed on computer storage.

B. A duplicate of any information that is placed on computer storage pursuant to subsection A is deemed to be an original of the record for all purposes and is admissible without further foundation in evidence if the following appears on each page:

Pursuant to section 28-1327, Arizona Revised Statutes, this document is a certified duplicate of the information contained in computer storage devices of the (name of agency).

C. For the purposes of this section, "duplicate" means a counterpart produced by any of the following:

1. The same impression or from the same matrix as the original.

2. Means of photography, including enlargements and miniatures.

3. Mechanical or electronic rerecording.

4. Chemical reproduction.

5. Any other equivalent technique that accurately reproduces the original.
A.R.S. § 28-7098 — Arizona Code / Title 28 / Chapter 20 / Article 6 / Section 7098
28-7098 Appraisal; condemnation; initial offer
Status: in_force

28-7098. Appraisal; condemnation; initial offer

A. Before filing a condemnation action to acquire property for transportation purposes pursuant to this article, the department shall obtain one or more appraisals that estimate the amount of just compensation for the proposed taking and damaging of the property.

B. At least twenty days before filing an action for condemnation of property for transportation purposes pursuant to this article, the department shall deliver to the property owner of record and the sole lessee of record, if applicable, according to the records of the county recorder in the county in which the property is located:

1. A written offer to purchase the property or interest in the property and to pay just compensation for the property or interest in the property and for any compensable damages to any remaining property.  The offer must constitute the department's estimate of just compensation.

2. One or more appraisals that support the amount of the proposed compensation.

C. If no lease is recorded or if more than one lease is recorded for the property with the county recorder of the county in which the property is located, at least twenty days before filing an action for condemnation of property or any interest in property, the department shall provide notice of the offer and appraisal to the party having a plain and obvious commercial ownership or operational interest in substantial improvements on the property by posting the notice in plain sight at the property that may be subject to condemnation.  If a lessee that is not noted in the record of the county recorder and has a commercial ownership or operational interest in substantial improvements on the property requests a copy of the offer and appraisal the plaintiff shall promptly comply with the request upon presentation of documentation by the lessee of its interest in the property.

D. The department's initial offer of just compensation to the aggregate of those persons with an interest in the property shall not be less than the lowest of the appraisals prepared by or for the department.

E. At any time after the department has filed a condemnation action and on request, it shall promptly provide to any person in interest a copy of the appraisal of the property on which the department's most recent offer is based.

F. The superior court may waive the requirements of subsection A or B if the court determines that the plaintiff will suffer immediate and irreparable harm that outweighs the property owner's or lessee's interest.
A.R.S. § 28-7384 — Arizona Code / Title 28 / Chapter 20 / Article 14 / Section 7384
28-7384 Longitudinal telecommunication access in the highway system; agreements; restrictions; rulemaking
Status: in_force

28-7384. Longitudinal telecommunication access in the highway system; agreements; restrictions; rulemaking

A. Except as provided in subsection E of this section, the department may allow a provider longitudinal access to the right-of-way of a highway for the installation, operation and maintenance of a telecommunication facility.

B. The department shall enter into an agreement with a provider and issue a permit before granting the provider any longitudinal access under this section.

C. Except as specifically provided by the agreement, a property interest in a right-of-way may not be granted under this section.

D. An agreement entered into by the department under this section shall:

1. Specify the terms and conditions for renegotiating the agreement.

2. Specify maintenance responsibilities for each telecommunication facility.

3. Be nonexclusive.

4. Be limited to a maximum term of thirty years.

E. The department may not grant any longitudinal access under this section that results in a significant compromise of the safe, efficient and convenient use of the highway for the traveling public.

F. The director shall adopt rules that:

1. Govern the installation, operation and maintenance of a telecommunication facility granted longitudinal access under this section.

2. Specify the procedures for establishing an agreement for longitudinal access for a provider.

3. Provide for the relocation or removal of a telecommunication facility for any of the following:

(a) Needed changes to a highway.

(b) Expiration of an agreement.

(c) Breach of an agreement.
A.R.S. § 28-3165 — Arizona Code / Title 28 / Chapter 8 / Article 4 / Section 3165
28-3165 Nonoperating identification license; immunity; rules; emancipated minors; definition
Status: in_force

28-3165. Nonoperating identification license; immunity; rules; emancipated minors; definition

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

B. On request of an applicant:

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

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

3. If the applicant elects to show and submits satisfactory proof to the department that the applicant is an enrolled member of a federally recognized Indian tribe located in this state, the department shall allow a distinguishing mark to appear on the nonoperating identification license that identifies the applicant as a native American. The distinguishing mark may not identify a specific Indian tribe or other specific personal information that is submitted on the documents that provide satisfactory proof that the person is an enrolled member of a federally recognized Indian tribe located in this state. Documents that provide satisfactory proof that the person is an enrolled member of a federally recognized Indian tribe located in this state include:

(a) An enhanced tribal card.

(b) A tribal identification card.

(c) A tribal certificate of Indian blood.

(d) A tribal or bureau of Indian affairs affidavit of birth.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

N. For the purposes of this section, "veteran" has the same meaning prescribed in section 41-601.
A.R.S. § 28-1171 — Arizona Code / Title 28 / Chapter 3 / Article 20 / Section 1171
28-1171 Definitions
Status: in_force

28-1171. Definitions

In this article, unless the context otherwise requires:

1. "Access road" means a multiple use corridor that meets all of the following criteria:

(a) Is maintained for travel by two-wheel vehicles.

(b) Allows entry to staging areas, recreational facilities, trail heads and parking.

(c) Is determined to be an access road by the appropriate land managing authority.

2. "Closed course" means a maintained facility that uses department approved dust abatement and fire abatement measures.

3. "Highway" means the entire width between the boundary lines of every way publicly maintained by the federal government, the department, a city, a town or a county if any part of the way is generally open to the use of the public for purposes of conventional two-wheel drive vehicular travel. Highway does not include routes designated for off-highway vehicle use.

4. "Mitigation" means the rectification or reduction of existing damage to natural resources, including flora, fauna and land or cultural resources, including prehistoric or historic archaeological sites, if the damage is caused by off-highway vehicles.

5. "Off-highway recreation facility" includes off-highway vehicle use areas and trails designated for use by off-highway vehicles.

6. "Off-highway vehicle":

(a) Means a motorized vehicle that is operated primarily off of highways and that is designed, modified or purpose-built primarily for recreational nonhighway all-terrain travel.

(b) Includes a tracked or wheeled vehicle, recreational or utility side-by-side vehicle, all-terrain vehicle, motorcycle, dirt bike, dune buggy, sand rail, amphibious vehicle, ground effects or air cushion vehicle and any other means of land transportation deriving motive power from a source other than muscle or wind.  For the purposes of this subdivision, "dirt bike" means a lightweight motorcycle that is designed for use on rough terrain, including unsurfaced roads or tracks.

(c) Does not include a vehicle that is either:

(i) Designed primarily for travel on, over or in the water.

(ii) Used in installation, inspection, maintenance, repair or related activities involving facilities for the provision of utility or railroad service or used in the exploration or mining of minerals or aggregates as defined in title 27.

7. "Off-highway vehicle special event" means an event that is endorsed, authorized, permitted or sponsored by a federal, state, county or municipal agency and in which the event participants operate off-highway vehicles on specific routes or areas designated by a local authority pursuant to section 28-627.

8. "Off-highway vehicle trail" means a multiple use corridor that is both of the following:

(a) Open to recreational travel by an off-highway vehicle.

(b) Designated or managed by or for the managing authority of the property that the trail traverses for off-highway vehicle use.

9. "Off-highway vehicle use area" means the entire area of a parcel of land, except for approved buffer areas, that is managed or designated for off-highway vehicle use.
A.R.S. § 28-3221 — Arizona Code / Title 28 / Chapter 8 / Article 5 / Section 3221
28-3221 Commercial driver license
Status: in_force

28-3221. Commercial driver license

The department shall mark a license issued to a qualified person for a class A, B or C license as a commercial driver license or a CDL.
A.R.S. § 28-1101 — Arizona Code / Title 28 / Chapter 3 / Article 18 / Section 1101
28-1101 Weight violations; civil penalty; classification; procedures; evidence
Status: in_force

28-1101. Weight violations; civil penalty; classification; procedures; evidence

A. A person who violates section 28-1099, 28-1100 or 28-1102 is:

1. Subject to a civil penalty of any of the following:

(a) As prescribed in subsection B of this section.

(b) As prescribed in section 28-1102.

(c) Of $1 if the excess weight is one thousand pounds or less.

2. Guilty of a class 3 misdemeanor for a second violation of these sections within six months of the preceding judgment.

3. Guilty of a class 2 misdemeanor for a second conviction for a violation of these sections within one year of the preceding conviction pursuant to paragraph 2 of this subsection.

B. A court shall impose civil penalties as follows:

If the excess weight is:            The minimum civil penalty is:

1,001 to 1,250 pounds                           $ 100.00

1,251 to 1,500           200.00

1,501 to 2,000           300.00

2,001 to 2,500           400.00

2,501 to 3,000           500.00

3,001 to 3,500           840.00

3,501 to 4,000           980.00

4,001 to 4,500           1120.00

4,501 to 4,750           1260.00

4,751 to 5,000           1400.00

5,001 and over     1400.00 plus an additional

$100 for each 1000 pounds

of excess weight

C. If an officer finds that a person has violated only the axle weight limitation and not the total weight limitation, the officer shall request the driver to shift the load, as reasonable under the circumstances, to comply with the axle weight limitation and notwithstanding section 28-1521 or this section:

1. If the driver does not comply with the request of the officer to shift the load, the driver is subject to a civil penalty.

2. If the driver complies with the axle weight limitation after shifting the load and the excess axle weight was two thousand five hundred pounds or less:

(a) The officer shall not cite the driver.

(b) The driver is not subject to a civil penalty for a violation of the axle weight limitation.

3. If the driver shifts the load but does not comply with the axle weight limitation or if the excess axle weight is more than two thousand five hundred pounds, the driver is subject to a civil penalty for a violation of the axle weight limitation.

D. If a person is arrested for violating section 28-1099 or 28-1100, the arresting officer may take the person immediately before a magistrate who is within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense.  If the person is taken before a justice of the peace, the person shall be taken before the nearest or most accessible justice of the peace with reference to the place where the arrest is made.

E. The officer or court collecting or receiving a civil penalty, fee, fine or forfeiture for a violation of section 28-1099, 28-1100 or 28-1102 shall deposit, pursuant to sections 35-146 and 35-147, the amount in the Arizona highway user revenue fund.  If a civil penalty, fee or fine is collected, $10 of the civil penalty, fee or fine is deductible as reimbursement of costs from the amount collected, unless the fee or fine is less than $10.  The collecting official shall deposit the deducted monies with the city, town or county treasury of the city, town or county prosecuting or processing the violation.

F. A weight certificate or any other document that evidences the receipt of goods for shipment, that is issued by a person engaged in the business of transporting or forwarding goods and that states the gross weight of the vehicle with load that is in excess of the prescribed maximum weight limitation prescribed in section 28-1099 or 28-1100 is prima facie evidence that the weight of a vehicle and load is unlawful.

G. If the commodity being carried is sold by weight, a weight certificate or any other document that evidences the receipt of goods for shipment, that is issued by a person engaged in the business of transporting or forwarding goods and that states the gross weight of the vehicle with load that is not in excess of the prescribed maximum weight limitation permitted by section 28-1100 is prima facie evidence that the gross weight of a vehicle and load is lawful.  The presumption that the weight of the vehicle and load is lawful may be rebutted by the weight of the vehicle and load as shown by means of the department's stationary scale or a public weighmaster scale.
A.R.S. § 28-3312 — Arizona Code / Title 28 / Chapter 8 / Article 6 / Section 3312
28-3312 Mandatory disqualification of commercial driver licenses; definition
Status: in_force

28-3312. Mandatory disqualification of commercial driver licenses; definition

A. The department shall disqualify a person who is required to have a commercial driver license, who is a commercial driver license holder or who is a commercial learner's permit holder from driving a commercial motor vehicle as follows:

1. Except as provided in subsection E of this section and except as otherwise provided in this subsection, for at least one year if a person:

(a) Refuses a test in violation of section 28-1321.

(b) Is convicted of a first violation of any of the following:

(i) Driving a commercial motor vehicle under the influence of intoxicating liquor or a controlled substance or while having an alcohol concentration of 0.04 or more.

(ii) Leaving the scene of an accident involving a motor vehicle driven by the person.

(iii) Using a motor vehicle in the commission of a felony.

(iv) A violation of chapter 4, article 3 of this title while operating a noncommercial motor vehicle.

(v) Driving a commercial motor vehicle while, as a result of prior violations of this title committed while operating a commercial motor vehicle, the person's commercial driver license is revoked, suspended or canceled or the person is disqualified from operating a commercial motor vehicle.

(vi) Causing a fatality through the negligent operation of a commercial motor vehicle, including a conviction of manslaughter, homicide or negligent homicide resulting from operation of a motor vehicle.

2. For at least three years, if the person is convicted of any of the violations prescribed in paragraph 1 of this subsection and the violation occurred while the person was transporting a hazardous material in the quantity and under the circumstances that require placarding of the transport vehicle under the department's safety rules pursuant to chapter 14 of this title.

3. For the life of the person, if the person is convicted of two or more violations of any of the offenses prescribed in paragraph 1 of this subsection or of any combination of those offenses arising from two or more separate incidents. The department shall consider only offenses committed from and after December 31, 1989 in applying this paragraph.

4. Permanently if the person is convicted of using any motor vehicle in the commission of a felony involving the manufacture, distribution or dispensing of a controlled substance or possession with intent to manufacture, distribute or dispense a controlled substance.

5. For at least sixty consecutive days, if the person is convicted of two serious traffic violations committed in a motor vehicle arising from separate incidents occurring within a three-year period from the date of the violation.

6. For at least one hundred twenty days served in addition to any other disqualification, if the person is convicted of a third or subsequent serious traffic violation committed in a motor vehicle arising from separate incidents occurring within a three-year period from the date of the violation.

7. For at least sixty consecutive days, if the department determines that the person falsified information or documentation as part of the licensing process.

8. For at least one year, if the person is convicted of fraud related to the issuance of a commercial learner's permit or commercial driver license.

9. Permanently if the person is convicted of any of the following offenses or an offense committed in another jurisdiction that if committed in this state would be a violation of any of the following offenses and a commercial motor vehicle was used in the commission of the offense:

(a) Sex trafficking pursuant to section 13-1307.

(b) Trafficking of persons for forced labor or services pursuant to section 13-1308.

(c) Child sex trafficking pursuant to section 13-3212.

B. Except as provided in subsection C of this section, a person who is required to have a commercial driver license or a commercial driver license holder and who is found responsible for violating an out-of-service order pursuant to section 28-5241 is disqualified from driving a commercial motor vehicle as follows:

1. For a period of one hundred eighty days if the person is found responsible for a first violation of an out-of-service order.

2. For a period of two years if the person is found responsible for a second violation of any out-of-service order during any ten-year period arising from separate incidents.

3. For a period of three years if the person is found responsible for a third or subsequent violation of any out-of-service order during any ten-year period arising from separate incidents.

C. A person who is required to have a commercial driver license or a commercial driver license holder and who is found responsible for violating an out-of-service order pursuant to section 28-5241 while transporting hazardous materials or while operating a commercial motor vehicle designed or used to transport sixteen or more passengers, including the driver, is disqualified from driving a commercial motor vehicle as follows:

1. For a period of one hundred eighty days if the person is found responsible for a first violation of an out-of-service order.

2. For a period of three years if the person is found responsible for a second or subsequent violation of any out-of-service order during any ten-year period arising from separate incidents.

D. A person who is required to have a commercial driver license or a commercial driver license holder and who is convicted of or found responsible for violating any federal, state or local railroad grade crossing law, ordinance or regulation is disqualified from driving a commercial motor vehicle as follows:

1. For a period of sixty days if a person is convicted of or found responsible for a first violation.

2. For a period of one hundred twenty days if a person is convicted of or found responsible for a second violation during any three-year period.

3. For a period of one year if a person is convicted of or found responsible for a third or subsequent violation during any three-year period.

E. If a federal agency determines that a commercial motor vehicle licensee is driving in a manner that constitutes an imminent hazard, the department, on receipt of notification by the federal government, shall disqualify the driver for a period not to exceed one year. The disqualification shall run concurrently with any other disqualification imposed on the driver. For the purposes of this subsection, "imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury or a substantial endangerment to health, property or the environment may occur before the reasonably foreseeable completion date of a formal proceeding to decrease the risk of death, illness, injury or endangerment.

F. The department shall keep records of findings of responsibility for a civil traffic violation and of conviction of any moving criminal traffic violation for a commercial driver licensee for violations in any type of motor vehicle and for a person required to have a commercial driver license if the violations arise from the operation of a commercial motor vehicle.  The department shall make the records available to other states, the United States secretary of transportation, the driver and any motor carrier or prospective motor carrier or the motor carrier's designated agent within ten days after receiving a report of a conviction or finding of responsibility in this state or receipt of a report of a conviction or finding of responsibility or disqualification received from another state.

G. Disqualification for a serious traffic violation committed by a commercial driver license holder while operating a noncommercial motor vehicle applies only if the conviction results in the revocation, cancellation or suspension of the person's commercial driver license or noncommercial driver license.

H. The department may adopt rules establishing guidelines and conditions under which the department may reduce a disqualification for life pursuant to subsection A, paragraph 3 of this section to a disqualification of at least ten years.  If a person's disqualification is reduced pursuant to rules adopted pursuant to this subsection and the person is subsequently convicted of a violation described in subsection A, paragraph 1 of this section, the person is permanently disqualified from driving a commercial vehicle and is not eligible to apply for a reduction of the disqualification pursuant to rules adopted pursuant to this subsection.

I. Except as provided in subsection E of this section, the beginning date of the disqualification shall be ten days after the date the department receives the report of conviction or finding of responsibility.

J. For the purposes of this section, "serious traffic violation" means a conviction or finding of responsibility for any of the following:

1. Excessive speeding involving a single offense for a speed of fifteen miles per hour or more above the posted speed limit.

2. Reckless driving as provided by section 28-693.

3. Aggressive driving as provided by section 28-695.

4. Racing as defined in section 28-708.

5. Improper or erratic traffic lane changes as provided by section 28-729.

6. Following the vehicle ahead too closely as provided by section 28-730.

7. A violation of this title that is connected with a fatal traffic accident.

8. Driving a commercial motor vehicle if the person has not been issued a valid commercial driver license pursuant to this chapter.

9. Driving a commercial motor vehicle without a commercial driver license in the person's possession.

10. Driving a commercial motor vehicle without having a valid endorsement for the type of commercial motor vehicle or motor vehicle combination being operated.

11. Driving a commercial motor vehicle while using a portable wireless communication device as provided by section 28-914.
A.R.S. § 28-8204 — Arizona Code / Title 28 / Chapter 25 / Article 1 / Section 8204
28-8204 State owned airports; fees
Status: in_force

28-8204. State owned airports; fees

The director may establish fees for use of state owned airports and appurtenant facilities, including the following:

1. Landing and takeoff for commercial aircraft.

2. Aircraft tiedown.

3. Vehicle parking.

4. Equipment use.

5. Aircraft servicing.

6. Facility use.

7. Damages to equipment or facilities.

8. Janitorial or custodial services.

9. Terminal and land space rental.

10. Commission on sales at the airport.

11. Ground transportation use of the airport facility in serving passengers who are arriving or departing.

12. Use of advertising space.

13. Fuel flowage, storage, transportation and handling.
A.R.S. § 28-733 — Arizona Code / Title 28 / Chapter 3 / Article 7 / Section 733
28-733 Restrictions on use of controlled access highway
Status: in_force

28-733. Restrictions on use of controlled access highway

A. The director may, and local authorities by ordinance may, prohibit the use of any part of a controlled access highway under their respective jurisdictions by pedestrians, bicycles or other nonmotorized traffic or by any person operating a motor driven cycle.

B. The director or the local authority adopting the prohibition prescribed in subsection A shall erect and maintain official signs on the applicable controlled access highway. When the signs are erected, a person shall not disobey the restrictions stated on the signs.
A.R.S. § 28-5853 — Arizona Code / Title 28 / Chapter 16 / Article 4 / Section 5853
28-5853 Motor carrier fee exemptions
Status: in_force

28-5853. Motor carrier fee exemptions

A. The fee imposed by section 28-5852 does not apply to either:

1. A school bus.

2. A motor vehicle that is used in the production of:

(a) Motion pictures, including films to be shown in theaters and on television.

(b) Industrial, training and educational films.

(c) Commercials for television.

(d) Video discs.

(e) Videotapes.

B. The department shall establish administrative procedures for determining which motor vehicles are eligible for the exemptions provided in this section.
A.R.S. § 28-1204 — Arizona Code / Title 28 / Chapter 3 / Article 21 / Section 1204
28-1204 Photo enforcement zones; signage; standards; citation dismissal
Status: in_force

28-1204. Photo enforcement zones; signage; standards; citation dismissal

A. Except as provided in subsection F of this section, every local authority or agency of this state using a photo enforcement system shall adopt standards and specifications that indicate to a person operating a motor vehicle that a photo enforcement system is present and operational.

B. The standards and specifications adopted pursuant to subsection A of this section shall include all of the following:

1. At least two signs shall be placed in a location before a photo enforcement system.  One sign shall be in a location that is approximately three hundred feet before the photo enforcement system. Placement of additional signs shall be more than three hundred feet before a photo enforcement system to provide reasonable notice to a person that a photo enforcement system is present and operational.

2. A sign that clearly states the posted speed limit shall be placed between the two signs prescribed by paragraph 1.

3. Signs indicating a photo enforcement system shall be removed or covered when the photo enforcement system is no longer present or not operating.

C. Signs erected by a local authority or agency of this state as prescribed in this section shall contain a yellow warning notice and correlate with and as far as possible conform to the system set forth in the most recent edition of the manual on uniform traffic control devices for streets and highways adopted by the director pursuant to section 28-641.

D. If the standards and specifications prescribed pursuant to this section are not in effect during the operation of a photo enforcement system, the court may dismiss any citation issued to a person who is identified by the use of the photo enforcement system.

E. During the time a vehicle containing photo enforcement equipment is being used to identify violators of articles 3 and 6 of this chapter, the rear of the vehicle shall be clearly marked to indicate that the vehicle is functioning as a photo enforcement vehicle.  This subsection does not apply to a vehicle that does not contain a photo enforcement system and that is used by a law enforcement officer.

F. Subsection B of this section does not apply to a mobile photo enforcement vehicle during the time a mobile photo enforcement vehicle is deployed on streets with a posted speed limit of forty miles per hour or less.
A.R.S. § 28-966 — Arizona Code / Title 28 / Chapter 3 / Article 16 / Section 966
28-966 Neighborhood electric vehicles; neighborhood electric shuttles; motorized quadricycles; neighborhood occupantless electric vehicles; speed; restrictions; exception; definition
Status: in_force

28-966. Neighborhood electric vehicles; neighborhood electric shuttles; motorized quadricycles; neighborhood occupantless electric vehicles; speed; restrictions; exception; definition

A. A neighborhood electric vehicle and a neighborhood electric shuttle shall not be operated at a speed of more than twenty-five miles per hour. A motorized quadricycle shall not be operated at a speed of more than fifteen miles per hour.

B. A neighborhood electric vehicle, a neighborhood electric shuttle and a motorized quadricycle shall not be driven on a highway that has a posted speed limit of more than thirty-five miles per hour. This subsection does not prohibit a neighborhood electric vehicle, a neighborhood electric shuttle or a motorized quadricycle from crossing a highway that has a posted speed limit of more than thirty-five miles per hour at an intersection.

C. A neighborhood electric vehicle, a neighborhood electric shuttle and a motorized quadricycle shall have a notice of the operational restrictions applying to the vehicle permanently attached to or painted on the vehicle in a location that is in clear view of the driver. This subsection does not apply to a fully autonomous vehicle that is incapable of operation by a human driver.

D. Notwithstanding subsection B of this section, a neighborhood occupantless electric vehicle may be operated on a highway that has a posted speed limit of forty-five miles per hour or less. This subsection does not prohibit a neighborhood occupantless electric vehicle from crossing a highway that has a posted speed limit of more than forty-five miles per hour at an intersection.

E. When operating on a highway with a posted speed limit of more than thirty-five miles per hour but not exceeding forty-five miles per hour, a neighborhood occupantless electric vehicle is subject to the following restrictions:

1. The neighborhood occupantless electric vehicle must be operated in the right-hand travel lane or as close as practicable to the right-hand curb or edge of the highway, except when preparing for a left turn.

2. On a highway with two travel lanes, the neighborhood occupantless electric vehicle must turn off the roadway to a controlled stop as soon as practicable and when it is safe to do so to allow faster moving vehicles to pass when passing is unsafe because of traffic in the opposite direction or other conditions and there are five or more vehicles immediately behind the neighborhood occupantless electric vehicle.

3. The neighborhood occupantless electric vehicle must display a slow-moving vehicle sign that:

(a) Has a reflective surface that is designed to be clearly visible in daylight and at night from the light of standard automobile headlamps at a distance of at least five hundred feet.

(b) Is mounted base down on the rear of the vehicle at a height that does not impair the visibility of the sign.

(c) Is maintained in a clean and reflective condition.

4. The neighborhood occupantless electric vehicle may not be operated on a highway in which the director or local authorities within their respective jurisdictions have determined and declared, pursuant to section 28-704, subsection B, a minimum speed limit of more than twenty-five miles per hour. This paragraph does not prohibit a neighborhood occupantless electric vehicle from crossing such a highway at an intersection.

5. The neighborhood occupantless electric vehicle may not be operated on a roadway within the boundaries of a public airport terminal and may not be operated at a public airport without express permission of the public airport owner.

6. The neighborhood occupantless electric vehicle may not transport hazardous materials that are regulated under the hazardous materials transportation authorization act of 1994 (P.L. 103-311; 108 Stat. 1673; 49 United States Code sections 5101 through 5128) and that must be placarded under 49 Code of Federal Regulations sections 172.500 through 172.560.

F. Neighborhood occupantless electric vehicles are subject to the requirements of chapter 32 of this title.

G. For the purposes of this section, "highway" means a street or roadway.
A.R.S. § 28-7056 — Arizona Code / Title 28 / Chapter 20 / Article 5 / Section 7056
28-7056 Dumping trash on highways or airports; classification
Status: in_force

28-7056. Dumping trash on highways or airports; classification

A. A person who dumps, deposits, places, throws or leaves refuse, rubbish, debris, filthy or odoriferous objects, substances or other trash on a state or county highway, road, public thoroughfare, public airport, the right-of-way to a state or county highway, road, public thoroughfare or public airport or within twenty yards of a state or county highway, road, public thoroughfare or public airport is guilty of a class 3 misdemeanor.

B. If a class 3 misdemeanor is committed as provided in subsection A from a motor vehicle or aircraft, the driver of the vehicle or pilot of the aircraft is presumed to be the offender.

C. The director, the board of supervisors of each county and the governing body of each city or town shall cause signs to be erected at suitable intervals on highways, airports and public thoroughfares in their respective areas of authority, including public parks, informing the public that it is unlawful to commit the acts prohibited by subsection A.

D. The highway patrol, the sheriff's office of each county and the peace officers of each city or town shall enforce this section.
A.R.S. § 28-2053 — Arizona Code / Title 28 / Chapter 7 / Article 2 / Section 2053
28-2053 Certificate of title without registration
Status: in_force

28-2053. Certificate of title without registration

A. The department may only issue a vehicle certificate of title without registration for a vehicle that is physically present in this state for any of the following reasons:

1. The applicant for a certificate of title is a nonresident whose vehicle is not subject to vehicle registration in this state.

2. The applicant certifies that the vehicle was acquired for purposes other than highway use.

3. The vehicle was acquired by operation of law.

4. The vehicle is an off-road recreational motor vehicle required to be issued a certificate of title pursuant to section 28-2061.

B. The department shall issue a certificate of title without registration for either of the following reasons:

1. The owner will register the vehicle under article 7 or 8 of this chapter.

2. The vehicle is a trailer or semitrailer that will be used in interstate commerce and that is registered in another state.
A.R.S. § 28-3160 — Arizona Code / Title 28 / Chapter 8 / Article 4 / Section 3160
28-3160 Applications of minors; liability
Status: in_force

28-3160. Applications of minors; liability

A. Except as provided in section 28-3161, the following person or persons shall sign and verify before a person authorized to administer oaths the application of a person under eighteen years of age for an instruction permit, a class G or M driver license or an endorsement to a class G or M driver license:

1. If both the father and mother of the applicant are living, have custody of the applicant and are married to each other, either the father or the mother of the applicant.

2. If both the father and mother of the applicant are living, have custody of the applicant and are not married to each other, both the father and mother of the applicant.

3. If one parent of the applicant has custody of the applicant, the parent who has custody.

4. If neither parent of the applicant is living, the person or guardian who has custody of the applicant or an employer of the applicant.

5. If the applicant resides with a foster parent, the foster parent.

6. If there is no guardian or employer of the applicant, a responsible person who is willing to assume the obligation imposed by this chapter on a person who signs the application of a minor.

B. Negligence or wilful misconduct of a minor when driving a motor vehicle on a highway is imputed to the person who signs the application of the minor for a permit or license. Except as otherwise provided in subsection D of this section, the person who signs the application is jointly and severally liable with the minor for damage caused by the negligence or wilful misconduct.

C. Notwithstanding section 25-214, subsection C, a spouse who signs the application pursuant to subsection A of this section binds the marital community.

D. The parents or guardian of a minor are not liable under subsection B of this section during the time proof of financial responsibility is maintained by the minor or on behalf of the minor in the form and in amounts required by law for the operation of a motor vehicle the minor owns, or if the minor is not the owner of a motor vehicle, for the operation of any motor vehicle.
A.R.S. § 28-1181 — Arizona Code / Title 28 / Chapter 3 / Article 20 / Section 1181
28-1181 Civil traffic violation
Status: in_force

28-1181. Civil traffic violation

Unless otherwise specified in this article, a violation of this article is a civil traffic violation.
A.R.S. § 28-8522 — Arizona Code / Title 28 / Chapter 25 / Article 8 / Section 8522
28-8522 Joint powers airport authority classification
Status: in_force

28-8522. Joint powers airport authority classification

On its formation, the joint powers airport authority is all of the following:

1. A special purpose district for purposes of article IX, section 19, Constitution of Arizona.

2. A tax levying public improvement district for the purposes of article XIII, section 7, Constitution of Arizona.

3. A municipal corporation for all purposes, including the purposes of title 35, chapter 3, articles 3.2, 3.3, 4, 5 and 7.
A.R.S. § 28-5638 — Arizona Code / Title 28 / Chapter 16 / Article 1 / Section 5638
28-5638 Deferred remittance election eligibility
Status: in_force

28-5638. Deferred remittance election eligibility

A. Each purchaser that desires to make an election under section 28-5637 shall present evidence to the department that either:

1. The applicant was a licensed distributor in good standing before January 1, 1998.

2. The applicant meets the financial responsibility and bonding requirements imposed by this article. The bond shall conform to the specific requirements of this section.

B. The department may require a purchaser that pays the tax to a supplier to file with the department a surety bond that is payable to this state and on which the purchaser is the obligor, or other financial security, in an amount satisfactory to the department. The department may require that the bond indemnify the department against uncollectible tax credits claimed by the supplier under section 28-5639.

C. The department may rescind a purchaser's eligibility and election to defer motor vehicle or aviation fuel tax remittances after a hearing and on a showing of good cause, including failure to make a timely tax deferred payment of tax to a supplier under section 28-5637, by sending written notice to all suppliers or publishing notice of the revocation pursuant to rules. The department may require further assurance of the financial responsibility of the purchaser, may increase the bond requirement for that purchaser or may take any other action that the department may require to ensure remittance of the motor vehicle or aviation fuel tax.
A.R.S. § 28-4332 — Arizona Code / Title 28 / Chapter 10 / Article 2 / Section 4332
28-4332 Limited exemption; definitions
Status: in_force

28-4332. Limited exemption; definitions

A. The director shall grant an exemption from the new or used house trailer dealer licensing requirements of this chapter if the person claiming the exemption furnishes satisfactory proof to the director of licensure as a dealer under title 41, chapter 37, article 4.

B. The cash deposit or bond posted by the person pursuant to section 41-4029 is subject to the same conditions and inures to the benefit of the same persons as prescribed in sections 28-4362, 28-4405, 28-4406 and 28-4408.

C. A new or used house trailer dealer who claims an exemption pursuant to subsection A of this section shall comply with all other requirements applicable to a new or used house trailer dealer licensed under this chapter. The director of the department of transportation may suspend or cancel the license issued pursuant to title 41, chapter 37, article 4 pursuant to this chapter. On issuing a final order cancelling or suspending a license issued pursuant to section 41-4026, the director of the department of transportation shall notify the director of the Arizona department of housing who shall require the surrender of the license.

D. An exemption granted pursuant to subsection A of this section expires on suspension, revocation or nonrenewal of the license issued pursuant to title 41, chapter 37, article 4.  The director of the Arizona department of housing shall notify the director of the department of transportation of any such suspension, revocation or nonrenewal.

E. For the purposes of this section:

1. "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.

2. "Used house trailer dealer" means a person, other than a new house trailer dealer, who buys, sells, exchanges or offers or attempts to negotiate a sale or exchange of an interest in used house trailers or who is engaged in the business of selling used house trailers.
A.R.S. § 28-7910 — Arizona Code / Title 28 / Chapter 23 / Article 1 / Section 7910
28-7910 Governmental agency resolution; defined hardship area
Status: in_force

28-7910. Governmental agency resolution; defined hardship area

A. On receipt of any resolution or other clear direction from any state agency, county, city, town or other governmental agency and of an analysis of negative economic impacts provided by the entity pursuant to the criteria and method of economic analysis determined by the director that removal of tourist related advertising devices would cause an economic hardship on a defined area, the director shall forward the resolution and economic analysis, if the director approves, with its endorsement and approval to the United States secretary of transportation for inclusion as a defined hardship area qualifying for exemption pursuant to 23 United States Code section 131(o).

B. A resolution submitted to the director in addition shall:

1. Find that the tourist related advertising devices provide directional information about goods and services in the interest of the traveling public.

2. Request the retention of the directional advertising devices described in this section.
A.R.S. § 28-453 — Arizona Code / Title 28 / Chapter 2 / Article 5 / Section 453
28-453 Electronic transfer of information
Status: in_force

28-453. Electronic transfer of information

The department may accept electronic communication, transfer or receipt of any abstract, affidavit, application information, copy, form, order, report, record or other information prescribed in this title.
A.R.S. § 28-407 — Arizona Code / Title 28 / Chapter 2 / Article 4 / Section 407
28-407 Agreements with other jurisdictions; parking privileges
Status: in_force

28-407. Agreements with other jurisdictions; parking privileges

A. The director may enter into agreements with other jurisdictions, including foreign jurisdictions, on behalf of this state that extend parking privileges to residents of this state with a permanent disability and that recognize international symbol of access special plates issued by the other jurisdictions.

B. This state shall grant the same parking privileges as granted to a resident of this state to a nonresident for a motor vehicle that is licensed in another state or foreign country and that displays the international symbol of access special plates issued in accordance with the laws of the nonresident state or foreign country even if a written agreement to do so does not exist between this state and the nonresident's state or foreign country.
A.R.S. § 28-4806 — Arizona Code / Title 28 / Chapter 11 / Article 1 / Section 4806
28-4806 Abandoned vehicle fee monies; deposit; towing companies; payment system
Status: in_force

28-4806. Abandoned vehicle fee monies; deposit; towing companies; payment system

A. Before the distribution of abandoned vehicle fees collected pursuant to section 28-4802, subsection C and before the distribution of vehicle license tax monies pursuant to section 28-5808, subsection D, the department shall deposit twenty percent of abandoned vehicle fees collected in the abandoned vehicle administration fund established by section 28-4804.

B. The director, in consultation with registered towing companies in this state, shall establish a monthly payment system to reimburse registered towing companies that are entitled to partial reimbursement under section 28-4805.
A.R.S. § 28-8381 — Arizona Code / Title 28 / Chapter 25 / Article 5 / Section 8381
28-8381 Definition of aircraft dealer
Status: in_force

28-8381. Definition of aircraft dealer

In this article, unless the context otherwise requires, "aircraft dealer" means a person who is either:

1. Engaged in the business of buying, selling or exchanging aircraft.

2. Offering to assist another person with the purchase, sale or exchange of an aircraft for compensation.
A.R.S. § 28-301 — Arizona Code / Title 28 / Chapter 2 / Article 1 / Section 301
28-301 Transportation districts
Status: in_force

28-301. Transportation districts

A. Except as provided in subsection B, the state is divided into six transportation districts as follows:

1. First district, Maricopa county.

2. Second district, Pima county.

3. Third district, Cochise, Greenlee and Santa Cruz counties.

4. Fourth district, Gila, Graham and Pinal counties.

5. Fifth district, Apache, Coconino and Navajo counties.

6. Sixth district, La Paz, Mohave, Yavapai and Yuma counties.

B. If, after January 1, 2009, a county attains a population of five hundred thousand or more persons, a new district shall be formed consisting of only that county.  The county shall be removed from the district it was in before the new district was formed. The clerk of the county board of supervisors, with the concurrence of the Arizona commerce authority, shall notify the governor, the state transportation board and the department of transportation of the new district by the end of the calendar year in which the county becomes qualified under this subsection.  The governor shall appoint an additional member of the state transportation board for the new district pursuant to this section within sixty days after receiving the notice.
A.R.S. § 28-2265 — Arizona Code / Title 28 / Chapter 7 / Article 8 / Section 2265
28-2265 Owner-operators; permit
Status: in_force

28-2265. Owner-operators; permit

If an owner-operator is not operating as a lessor, the owner-operator may apply for a fifteen day permit for a fee of twenty dollars for each motor vehicle or vehicle combination using a registered gross weight that does not exceed the empty weight of the vehicle. The director may extend registration reciprocity to similar registrations issued by other jurisdictions.
A.R.S. § 28-2475 — Arizona Code / Title 28 / Chapter 7 / Article 13 / Section 2475
28-2475 Pearl Harbor survivor license plates; fees
Status: in_force

28-2475. Pearl Harbor survivor license plates; fees

A. The department shall issue distinctive license plates to:

1. A person who submits satisfactory proof from the department of veterans' services to the department of transportation that all of the following are true:

(a) The person was a member of the United States armed forces on December 7, 1941.

(b) The person received an honorable discharge from the United States armed forces.

(c) The person was on station on December 7, 1941 during the hours of 7:55 a.m. to 9:45 a.m. Hawaii time at Pearl Harbor, the island of Oahu or offshore at a distance not exceeding three miles.

2. The immediate family member of a person who has been issued a license plate pursuant to this section.

B. For each original license plate issued pursuant to this section, the department shall collect a fee of twenty-five dollars in addition to the registration fee required by section 28-2003. For each annual renewal of license plates issued pursuant to this section, the department shall charge a fee of five dollars in addition to the registration fee required by section 28-2003. The department shall deposit, pursuant to sections 35-146 and 35-147, the twenty-five dollar fee as a donation in the veterans' donations fund established by section 41-608.
A.R.S. § 28-668 — Arizona Code / Title 28 / Chapter 3 / Article 4 / Section 668
28-668 Accidents involving death to drivers; testing alcohol concentration
Status: in_force

28-668. Accidents involving death to drivers; testing alcohol concentration

A. A peace officer who investigates an accident that involves the death of one or more drivers shall promptly notify the county medical examiner of the death or deaths. If probable cause exists to believe that a deceased driver committed an alcohol related traffic offense, the county medical examiner shall test the deceased driver to determine the driver's alcohol concentration.

B. If a county medical examiner has not been appointed in the county in which the accident occurs, the peace officer shall notify and secure a physician who is licensed pursuant to title 32, chapter 13, 14 or 17 or a person who is acting under the authority of a licensed physician to draw a sufficient sample of blood or other bodily substance for determining alcohol concentration. The investigating officer shall forward the sample to the department of public safety crime laboratory for analysis.

C. The investigating officer shall record on the accident report required under section 28-667 the results of the test to determine the alcohol concentration of the driver or drivers.
A.R.S. § 28-944 — Arizona Code / Title 28 / Chapter 3 / Article 16 / Section 944
28-944 Lighting equipment on motor driven cycles
Status: in_force

28-944. Lighting equipment on motor driven cycles

The head lamp or head lamps on a motor driven cycle may be of the single beam or multiple beam type and shall comply with requirements and limitations as follows:

1. A head lamp or head lamps on a motor driven cycle shall be of sufficient intensity to reveal a person or a vehicle at a distance of not less than one hundred feet when the motor driven cycle is operated at a speed of less than twenty-five miles per hour and at a distance of not less than two hundred feet when the motor driven cycle is operated at a speed of twenty-five or more miles per hour, and the motor driven cycle is subject to the speed limitations in section 28-705.

2. If the motor driven cycle is equipped with a multiple beam head lamp or head lamps:

(a) The upper beam shall meet the minimum requirements provided in paragraph 1 of this section and shall not exceed the limitations set forth in section 28-941, paragraph 1.

(b) The lowermost beam shall meet the requirements applicable to a lowermost distribution of light as set forth in section 28-941, paragraph 2.

3. If the motor driven cycle is equipped with a single beam lamp or lamps, the lamp or lamps shall be aimed so that when the vehicle is loaded none of the high intensity portion of light, at a distance of twenty-five feet ahead, projects higher than the level of the center of the lamp from which it comes.
A.R.S. § 28-3311 — Arizona Code / Title 28 / Chapter 8 / Article 6 / Section 3311
28-3311 Concurrent suspensions
Status: in_force

28-3311. Concurrent suspensions

Periods of suspension required pursuant to section 28-3309, subsection A or B or section 28-3310 arising from the same offense run concurrently and begin on the date the original suspension is effective.
A.R.S. § 28-5432 — Arizona Code / Title 28 / Chapter 15 / Article 2 / Section 5432
28-5432 Gross weight fees; application; exceptions
Status: in_force

28-5432. Gross weight fees; application; exceptions

A. This article applies to all of the following:

1. A trailer or semitrailer with a gross weight of ten thousand pounds or less and that is used in the furtherance of a commercial enterprise.

2. A motor vehicle or vehicle combination if the motor vehicle or vehicle combination is designed, used or maintained primarily for the transportation of passengers for compensation or for the transportation of property.

3. A hearse, an ambulance or any other vehicle that is used by a mortician in the conduct of the mortician's business.

4. A commercial motor vehicle as defined in section 28-5201.

B. This article does not apply to:

1. A vehicle commonly referred to as a station wagon or to a vehicle commonly known as and referred to by the manufacturer's rating as a three-quarter ton or less pickup truck or three-quarter ton or less van unless such a vehicle is maintained and operated more than one thousand hours in a vehicle registration year for the transportation of passengers or property in the furtherance of a commercial enterprise. An applicant requesting title or registration of a motor vehicle in the name of a commercial enterprise shall pay the fees imposed by this article unless the applicant certifies on the application that the vehicle will not be maintained and operated in the furtherance of a commercial enterprise.

2. A trailer or semitrailer with a declared gross weight of ten thousand pounds or less, if the trailer or semitrailer is not used in the furtherance of a commercial enterprise and the applicant certifies on the application that the vehicle will not be maintained and operated in the furtherance of a commercial enterprise.

C. The following motor vehicles, trailers and semitrailers are exempt from the gross weight fee prescribed in section 28-5433:

1. A motor vehicle, trailer or semitrailer that is owned and operated by a religious institution and that is used exclusively for the transportation of property produced and distributed for charitable purposes without compensation. For the purposes of this paragraph, "religious institution" means a recognized organization that has an established place of meeting for religious worship and that holds regular meetings for that purpose at least once each week in at least five cities or towns in this state.

2. A motor vehicle, trailer or semitrailer that is owned and operated by a nonprofit school that is recognized as being tax exempt by the federal or state government if the motor vehicle, trailer or semitrailer is used exclusively for any of the following:

(a) The transportation of pupils in connection with the school curriculum.

(b) The training of pupils.

(c) The transportation of property for charitable purposes without compensation.

3. A motor vehicle, trailer or semitrailer that is owned by a nonprofit organization in this state that presents to the department a form approved by the director of the division of emergency management pursuant to section 26-318.

4. A vehicle that is owned and operated only for government purposes by a foreign government, a consul or any other official representative of a foreign government, by the United States, by a state or political subdivision of a state or by an Indian tribal government.

5. A motor vehicle that is privately owned and operated exclusively as a school bus pursuant to a contract with a school district. If a privately owned and operated school bus is temporarily operated for purposes other than those prescribed in the definition of school bus in section 28-101, the registering officer shall assess and collect a monthly gross weight fee equal to one-tenth of the annual gross weight fee prescribed by section 28-5433 for each calendar month that the motor vehicle is so operated in this state. The registering officer shall not apportion the gross weight fee for a fraction of a calendar month.
A.R.S. § 28-643 — Arizona Code / Title 28 / Chapter 3 / Article 3 / Section 643
28-643 Local traffic control devices
Status: in_force

28-643. Local traffic control devices

Local authorities in their respective jurisdictions shall place and maintain the traffic control devices on highways under their jurisdiction as they deem necessary to indicate and to carry out this chapter or local traffic ordinances or to regulate, warn or guide traffic. All traffic control devices erected shall conform to the manual and specifications prescribed in section 28-641.  The manual shall include the specification that the yellow light duration must be at least three seconds.
A.R.S. § 28-2420 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2420
28-2420 San Carlos Apache tribe special plates
Status: in_force

28-2420. San Carlos Apache tribe special plates

A. The department shall issue San Carlos Apache tribe special plates. The color and design of the San Carlos Apache tribe special plates shall be different from the color and design of regular license plates determined by the department and shall be representative of the San Carlos Apache tribe.

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 shall transmit all donations collected pursuant to this section to the San Carlos Apache tribe transportation board. The San Carlos Apache tribe transportation board shall use these monies only for traffic control devices that conform to the manual and specifications prescribed in section 28-641 on highways on the San Carlos Apache tribe reservation that are located in this state and that are not state highways.
A.R.S. § 28-9506 — Arizona Code / Title 28 / Chapter 30 / Article 1 / Section 9506
28-9506 Taxi and livery vehicle signage
Status: in_force

28-9506. Taxi and livery vehicle signage

A. A taxi or livery vehicle shall display all of the following information either on an interior sign that is readily visible and that is either in a print or an electronic format or on a digital network or software application:

1. The permittee's business name and address.

2. An accurate representation of all fares and the fare computation method.

3. The driver's name.

B. At a minimum, a taxi is required to display readily visible exterior trade dress as defined in section 28-9551 that contains the word "taxi" or "cab".
A.R.S. § 28-2439.02 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2439.02
28-2439.02 Don't tread on me special plates fund; grants; definition
Status: in_force

28-2439.02. Don't tread on me special plates fund; grants; definition

A. The don't tread on me special plates fund is established consisting of monies received pursuant to section 28-2439. The Arizona tea party committee shall administer the fund.  Not more than ten per cent of monies deposited in the fund annually shall be used for the cost of administering the fund and the grant program pursuant to this section.  Monies in the fund are continuously appropriated.

B. The Arizona tea party committee shall allocate monies to qualifying entities in this state that use monies to promote tea party governing principles. The Arizona tea party committee shall annually distribute all monies deposited in the don't tread on me special plates fund, excluding administrative fees, to any qualifying entities.  Funds awarded pursuant to this section must be used for the purposes for which the monies were awarded.

C. On notice from the Arizona tea party committee, 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.

D. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

E. Before allocating monies pursuant to subsection B of this section:

1. The Arizona tea party committee shall establish a grant program to distribute fund monies and prepare and issue a request for grant application that includes at least the following information:

(a) A description of the intended uses of grant monies.

(b) Whether a single award or multiple awards may be made.

(c) The criteria or factors under which an application will be evaluated for award and the relative importance of each criteria or factor.

(d) The due date for submittal of an application and the anticipated time the awards may be made.

(e) Any additional information required by the committee.

2. Adequate public notice of request for grant application shall be given a reasonable time before the date set forth in the request for application.

3. A grant application shall be publicly received at the time and place designated in the request for grant application.  The name of each applicant shall be publicly recorded. All other information in the application is confidential during the process of evaluation. All applications shall be open for public inspection after grant monies are awarded.

4. An application shall be evaluated by at least three members of the Arizona tea party committee.  The members shall review each application based solely on the evaluation criteria or factors set forth in the request for grant application.

5. The Arizona tea party committee may enter into agreements with other state governmental units to furnish assistance in conducting the solicitation of grant applications.

6. The Arizona tea party committee may resolve protests of the award or proposed award of a grant.  An appeal from a decision of the Arizona tea party committee may be made to the director of the department of administration.  A protest of an award or proposed award of a grant and any appeals shall be resolved in accordance with the rules of procedure adopted by the department of administration pursuant to section 41-2611.

F. On or before December 31 of each year, the Arizona tea party committee shall submit a written report to the governor, the president of the senate and the speaker of the house of representatives on all expenditures made from the fund in that calendar year.  The report shall include all administrative expenses, all grants of monies, the names of grantees and any remaining balance in the fund.  The committee shall provide a copy of the report to the secretary of state.

G. The Arizona tea party committee shall make available to the public a list of all grants awarded pursuant to this section on request.

H. Grantees shall maintain a written record of all expenditures made using grant monies and shall furnish those records on the request of the Arizona tea party committee.  The Arizona tea party committee may request and review the written records maintained by grantees.

I. For the purposes of this section, "qualifying entities" means organizations that foster tea party governing principles, including all of the following:

1. To promote the Constitution of the United States as the supreme law of the land through education and preservation of the founding principles of the Constitution of the United States.

2. To protect state sovereignty, as provided for under the tenth amendment of the Constitution of the United States.

3. To adhere to the tenets of limited government, free enterprise for businesses and fiscal responsibility by federal, state and local governments.

4. To stand for the security of borders with other nations for the stability and safety of the United States.
A.R.S. § 28-2466 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2466
28-2466 Collegiate football bowl game special plates; fund
Status: in_force

28-2466. Collegiate football bowl game special plates; fund

A. If, by December 31, 2019, a person pays $32,000 to the department for the implementation of this section, the department shall issue collegiate football bowl game special plates. The person that provides the $32,000 shall design the collegiate football bowl game special plates.  The design and color of the collegiate football bowl game special plates are subject to the approval of the department. The director may allow a request for collegiate football bowl game 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 the collegiate football bowl game special plates.

B. Of the $25 fee required by section 28-2402 for the original special plates and for renewal of special plates, $8 is a special plate administration fee and $17 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 collegiate football bowl game special plate fund established by this section.

D. The collegiate football bowl game special plate fund is established consisting of monies deposited pursuant to this section.  The director shall administer the fund. The first $32,000 in the fund shall be reimbursed to the person that paid the implementation fee to the department pursuant to subsection A of this section. Not more than ten percent of monies deposited in the fund annually shall be used for the cost of administering the fund. Monies in the fund are continuously appropriated.

E. The director shall annually allocate monies from the fund, excluding administrative fees, to a charitable organization that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes and that meets all of the following:

1. Is headquartered in this state.

2. Has been operating in this state for over forty-five years.

3. Is affiliated with two collegiate football bowl games that are played in this state.

4. Has donated at least $15,000,000 to charitable organizations in this state that are qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes.

5. Fosters a culture of community outreach and service.

6. Strives to enhance organizations that contribute to the success of their communities through youth, sports and education.

F. On notice from the director, the state treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 28-446 — Arizona Code / Title 28 / Chapter 2 / Article 5 / Section 446
28-446 Fees for copies; exemptions
Status: in_force

28-446. Fees for copies; exemptions

A. The department may furnish information from the records that are required to be kept by this title or may furnish copies from the records.  The department may charge a fee for providing the information or copies that does not exceed three dollars for each item.

B. The department shall not charge any of the following for copies of records, for certified copies of records or for information furnished from its records:

1. This state or its departments, agencies or political subdivisions.

2. A court.

3. The federal government or its agencies.

4. A law enforcement agency in a foreign country.

5. A toll operator as defined in section 28-7751.

C. The department shall furnish either of the following to any person on payment of a fee of five dollars:

1. Certified copies of public records designated pursuant to section 28-447.

2. Vehicle title history information.

D. This section does not apply to information required by law to be kept confidential or to statistical information, the purpose of which relates to traffic accidents, traffic offenses or traffic enforcement.

E. The director shall deposit, pursuant to sections 35-146 and 35-147, fees collected under this section in the Arizona highway user revenue fund.
A.R.S. § 28-7362 — Arizona Code / Title 28 / Chapter 20 / Article 13 / Section 7362
28-7362 Emergency construction
Status: in_force

28-7362. Emergency construction

A. Notwithstanding any other law, if the director determines that an emergency exists, the director may award a contract for the reconstruction of transportation facilities necessary to preserve the health, welfare or safety of persons or property.

B. The director shall award a contract pursuant to this section with such competition as is practicable under the circumstances.

C. An award under this section shall be limited to the reconstruction necessary to satisfy the emergency need.

D. The director shall include the following in the contract file and in the director's office:

1. A written report describing the basis for the determination that an emergency existed.

2. The process by which the contractor was selected.

E. As soon as practicable, the director shall make a written report to the governor and to the board describing any awards made pursuant to this section. The report shall include:

1. The written report of the basis for the director's determination that an emergency existed.

2. A description of the reconstruction work needed, the process of selection of the contractor and the progress of the work under the emergency award.

F. At the conclusion of the work, the director shall make a final report to the board and the governor describing the project and the performance of the work.
A.R.S. § 28-5862 — Arizona Code / Title 28 / Chapter 16 / Article 4 / Section 5862
28-5862 Trip permit
Status: in_force

28-5862. Trip permit

A nonresident motor carrier or nonresident person who operates a motor vehicle in this state may purchase a motor carrier fee trip permit for each trip in this state instead of paying the annual motor carrier fee prescribed by this article.
A.R.S. § 28-3154 — Arizona Code / Title 28 / Chapter 8 / Article 4 / Section 3154
28-3154 Instruction permit for a class D or G license
Status: in_force

28-3154. Instruction permit for a class D or G license

A. A person who is at least fifteen years and six months of age may apply to the department for an instruction permit for a class D or G license. The department may issue an instruction permit to the applicant after the applicant successfully passes all parts of the examination other than the driving test.

B. The instruction permit entitles the permittee to drive a motor vehicle requiring a class D or G license on the public highways for twelve months when both of the following conditions are met:

1. The permittee has the permit in the permittee's immediate possession.

2. The permittee is accompanied by a person who has a class A, B, C or D license, who is at least twenty-one years of age and who occupies a seat beside the permittee.

C. A permittee may not drive a motor vehicle while using a wireless communication device for any reason except during an emergency in which stopping the motor vehicle is impossible or will create an additional emergency or safety hazard. A peace officer may not stop or issue a citation to a person operating a motor vehicle on a highway in this state for a violation of this subsection unless the peace officer has reasonable cause to believe there is another alleged violation of a motor vehicle law of this state.
A.R.S. § 28-1105 — Arizona Code / Title 28 / Chapter 3 / Article 18 / Section 1105
28-1105 Special permit fees
Status: in_force

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. Except as provided in paragraph 4 of this subsection, 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, notwithstanding section 28-6538, each month the department shall allocate and the state treasurer shall distribute the seventy-five dollar special single trip permit fee collected pursuant to this paragraph as follows:

(a) To the state highway fund established by section 28-6991, fifty per cent.

(b) To counties located in the twenty-five mile commercial border zone identified on the permit, twenty-five per cent.

(c) To incorporated cities and towns located in the twenty-five mile commercial border zone identified on the permit, twenty-five per cent.  Revenues allocated to incorporated cities and towns pursuant to this subdivision shall be apportioned to each city or town on the basis that the population of each bears to the population of all cities and towns located in the twenty-five mile commercial border zone identified on the permit.

3. Except as provided in paragraph 4 of this subsection, 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. For a vehicle combination described in section 28-1103, subsection C:

(a) Seventy-five dollars for each single trip or thirty-day permit issued for excess size and weight.

(b) Three hundred sixty dollars for each annual permit issued for excess size and weight up to one hundred twenty-three thousand five hundred pounds.

(c) Six hundred dollars for each annual permit issued for excess size and weight more than one hundred twenty-three thousand five hundred pounds and up to one hundred twenty-nine thousand pounds.

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.
A.R.S. § 28-5867 — Arizona Code / Title 28 / Chapter 16 / Article 4 / Section 5867
28-5867 Motor vehicle; reduced motor carrier fee; limited mileage; transporters; civil traffic violation
Status: in_force

28-5867. Motor vehicle; reduced motor carrier fee; limited mileage; transporters; civil traffic violation

A. Notwithstanding section 28-5854, subsection A, the annual motor carrier fee for a motor vehicle that weighs more than twenty-six thousand pounds and that:

1. Is driven less than two thousand miles each year is eighty dollars.

2. Is driven two thousand or more miles but less than four thousand miles each year is one hundred sixty dollars.

3. Has a valid transporter license plate issued pursuant to chapter 10, article 9 of this title is eighty dollars.

B. In order to qualify for the reduced motor carrier fees prescribed in subsection A of this section, a motor carrier shall:

1. Apply to the department for reduced fee status.

2. Submit the information required by the director to determine the eligibility of the motor vehicle to be classified under this section.

C. A motor carrier that pays a reduced motor carrier fee under this section may not apply for a reduced motor carrier fee provided under section 28-5856 or 28-5857.

D. A motor vehicle that is subject to a reduced motor carrier fee pursuant to subsection A, paragraph 1 of this section shall not be driven two thousand or more miles each year.

E. A motor vehicle that is subject to a reduced motor carrier fee pursuant to subsection A, paragraph 2 of this section shall not be driven four thousand or more miles each year.

F. A violation of subsection D or E of this section is a civil traffic violation.
A.R.S. § 28-2133 — Arizona Code / Title 28 / Chapter 7 / Article 4 / Section 2133
28-2133 Index and filing of liens, encumbrances or instruments; constructive notice
Status: in_force

28-2133. Index and filing of liens, encumbrances or instruments; constructive notice

A. The department shall maintain an appropriate index of all liens, encumbrances or title retention instruments filed as provided by this article.

B. The filing and issuance of a new certificate of title as provided in this article is constructive notice to creditors of the owner or to subsequent purchasers of all liens and encumbrances against the vehicle described in the certificate of title, except those that are authorized by law and that are dependent on possession. If the documents referred to in this article are delivered to a registering office or an authorized third party provider of the department within thirty days after the date of their execution, the constructive notice dates from the time of execution. Otherwise, the notice dates from the time of receipt and filing of the documents by the department as shown by its endorsement.  For the purposes of this subsection, the time stamp on the documents that is administered by the registering officer or authorized third party provider of the department electronically or otherwise is conclusive as to the time and date of delivery of the documents.

C. The method provided in subsection B of this section for giving constructive notice of a lien or encumbrance on a vehicle required to be issued a certificate of title and registered under section 28-2153 or a mobile home required to be issued a certificate of title under section 28-2063 is exclusive, except for liens dependent on possession. A lien, encumbrance or title retention instrument or document that evidences any of them and that is filed as provided by this article is exempt from the provisions of law that otherwise require or relate to the recording or filing of instruments creating or evidencing title retention or other liens or encumbrances on vehicles of a type subject to registration under this chapter.

D. Notwithstanding any other law and except as otherwise provided in this subsection, the failure of a motor vehicle dealer as defined in section 28-4301, a finance company or the department to complete the paperwork within thirty days as prescribed in subsection B of this section shall not result in the loss of the vehicle for either the lienholder or the person who purchased the vehicle. This subsection does not limit or negate the powers of a trustee under 11 United States Code section 547 or any successor statute.
A.R.S. § 28-3162 — Arizona Code / Title 28 / Chapter 8 / Article 4 / Section 3162
28-3162 Cancellation of minor's driver license; release from liability
Status: in_force

28-3162. Cancellation of minor's driver license; release from liability

A. A person who signs the application of a minor for a driver license may file with the department a verified written request that the department cancel the driver license of the minor. On receipt of the request, the department shall cancel the driver license of the minor and the person who signed the application of the minor is released from the liability for subsequent negligence or wilful misconduct of the minor in operating a motor vehicle.

B. A parent of a minor who applies for a driver license may file a verified written request to cancel the driver license if the parent has custody of the minor and if the parent is subject to section 28-3160, subsection A but does not sign the application.

C. On receipt of satisfactory evidence of the death of the person or persons who signed the application of a minor for a driver license, the department shall cancel the driver license and shall not issue a new license until a new application is made, duly signed and verified as required by this chapter. This subsection does not apply if the minor has reached eighteen years of age.
A.R.S. § 28-8426 — Arizona Code / Title 28 / Chapter 25 / Article 6 / Section 8426
28-8426 Airport police; powers; qualifications
Status: in_force

28-8426. Airport police; powers; qualifications

A. The governing body of a public airport operating pursuant to sections 28-8423 and 28-8424 may appoint one or more persons to be designated by the airport as airport police officers to aid and supplement the law enforcement agencies of this state in the protection of persons and property. While engaged in the conduct of this employment, an airport police officer possesses and shall exercise law enforcement powers of peace officers in this state.

B. A person appointed as an airport police officer under this section shall have the minimum qualifications established by the Arizona peace officer standards and training board for peace officers and police officers pursuant to section 41-1822. The airport shall file with the Arizona peace officer standards and training board the name of each airport police officer on the date of the police officer's appointment.

C. If the appointee meets the minimum qualifications established by the Arizona peace officer standards and training board, the Arizona peace officer standards and training board shall issue the appointee a certificate of authority to act as a peace officer. The director of the department of public safety may revoke a certificate for good cause shown.
A.R.S. § 28-2439.01 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2439.01
28-2439.01 Arizona tea party committee
Status: in_force

28-2439.01. Arizona tea party committee

A. The Arizona tea party committee is established consisting of the following thirteen members who reside in this state and who are United States citizens:

1. One member who is appointed by the president of the senate and who is the director of an incorporated nonprofit corporation that is qualified under section 501(c)(3) or 501(c)(4) of the United States internal revenue code for federal income tax purposes, that has a mission of bringing together, empowering and training tea party groups and that has affiliated members that represent diverse geographical locations throughout this state.

2. Two members who are appointed by the president of the senate and who each represent an organization in this state that promotes the tea party governing principles of fiscal responsibility, limited government and free markets.  One of the two members must reside in a county with a population of more than one hundred sixty thousand persons but less than one hundred sixty-seven thousand persons.

3. Three members who are appointed by the speaker of the house of representatives and who each represent an organization in this state that promotes the tea party governing principles of fiscal responsibility, limited government and free markets.

4. Seven members who are appointed by the governor and who each represent an organization in this state that promotes the tea party governing principles of fiscal responsibility, limited government and free markets.

B. The Arizona tea party committee members shall serve five year terms.

C. The committee shall:

1. Distribute monies from the don't tread on me special plates fund established by section 28-2439.02.

2. Submit a written report to the governor, the president of the senate and the speaker of the house of representatives pursuant to section 28-2439.02.

3. No later than sixty days before the expiration of a member's term, deliver a list of at least two, but no more than five, candidates to the governor, the president of the senate or the speaker of the house of representatives in order to fill a vacancy on the committee.  The governor, the president of the senate or the speaker of the house of representatives shall select and appoint a member to the committee from the list submitted by the committee.

D. Members of the committee are not eligible to receive compensation or reimbursement of expenses.
A.R.S. § 28-4848 — Arizona Code / Title 28 / Chapter 11 / Article 2 / Section 4848
28-4848 Access to vehicle; ignition interlock service provider; lienholder; fee prohibited; violation; classification
Status: in_force

28-4848. Access to vehicle; ignition interlock service provider; lienholder; fee prohibited; violation; classification

A. A towing company, storage yard, facility or person that has physical possession of a vehicle that was removed pursuant to section 9-499.05, 11-251.04 or 28-872, that was impounded pursuant to chapter 8, article 9 of this title or that was abandoned shall provide access during normal business hours to a person who presents evidence that the person either:

1. Is certified by the department as an ignition interlock device manufacturer or ignition interlock service provider and requires access to the vehicle for the purpose of removing the device from the vehicle.

2. Is listed as a lienholder on the department’s records for the vehicle and requires access to the vehicle for the purpose of assessing the condition of the vehicle.

B. After complying with subsection C of this section, an ignition interlock device manufacturer or ignition interlock service provider or a lienholder who is denied access to a vehicle by a towing company, storage yard, facility or person that has physical possession of the vehicle may report the denial to the impounding agency or a law enforcement agency that has jurisdiction in the city or county in which the vehicle is being stored and may submit a written request for assistance as prescribed by the impounding agency or law enforcement agency to obtain access to the vehicle for the purposes prescribed in this section. The impounding agency or the law enforcement agency shall provide assistance to the lienholder in obtaining access to the vehicle within five business days after the date the written request is received by the impounding agency or law enforcement agency.

C. A towing company, storage yard, facility or person that has physical possession of a vehicle as prescribed in subsection A of this section shall provide access during normal business hours to an ignition interlock device manufacturer or ignition interlock service provider or lienholder who submits a request for access to a vehicle.  The request for access shall be in writing, shall contain the name, address and telephone number of the person making the request for access to the vehicle and either:

1. For a lienholder, shall include a copy of a signed contract, loan agreement or credit agreement indicating the vehicle owner’s name, the vehicle identification number, the vehicle make and model or other identifying indicia or a certified record issued by the department listing the person as a lienholder.

2. For an ignition interlock device manufacturer or ignition interlock service provider, shall include a copy of a signed contract identifying the make and model or serial number of the ignition interlock device, the make and model of the vehicle or the vehicle identification number of the vehicle in which the device is installed.

D. If the vehicle owner does not inspect the vehicle before removal of the ignition interlock device by the manufacturer or ignition interlock service provider, or has inspected the vehicle and has had the opportunity to remove personal property in the vehicle, a rebuttable presumption is created that damage to the vehicle and any loss of personal property in the vehicle occurred while the vehicle was not in the custody of the towing company, storage yard, facility or person that has physical possession of the vehicle. The presumption may be overcome by a preponderance of evidence to the contrary.

E. This section does not create a cause of action or a right to bring an action against a towing company, storage yard, facility or person that has physical possession of the vehicle for allowing access to a vehicle to a person other than the owner if the written request as prescribed in this section is provided to the towing company, storage yard, facility or person that has physical possession of the vehicle.

F. A towing company, storage yard, facility or person that has physical possession of a vehicle shall not charge a fee or require or request any compensation for providing access to a vehicle pursuant to this section.

G. A person who violates this section is guilty of a class 2 misdemeanor.
A.R.S. § 28-2291 — Arizona Code / Title 28 / Chapter 7 / Article 9 / Section 2291
28-2291 Definition of nonresident daily commuter
Status: in_force

28-2291. Definition of nonresident daily commuter

In this article, unless the context otherwise requires, "nonresident daily commuter" means a person who is a resident of a contiguous state, who enters and leaves this state on a daily basis for the purpose of employment and whose motor vehicle is principally garaged in the contiguous state.
A.R.S. § 28-4362 — Arizona Code / Title 28 / Chapter 10 / Article 3 / Section 4362
28-4362 Application; fee; bond
Status: in_force

28-4362. Application; fee; bond

Applications shall be accompanied by:

1. The filing fees prescribed in section 28-4302, and each licensee shall pay the annual license fee prescribed in section 28-4302.

2. A bond that:

(a) Is in a form to be approved by the director.

(b) Is in an amount prescribed by the director of at least twenty thousand dollars for an automotive recycler's license and not more than one hundred thousand dollars for all other licenses.

(c) Is executed by a surety company authorized to transact business in this state as surety on the bond with the applicant as principal obligor on the bond and the state as obligee.

(d) Is cancellable only on at least sixty days' prior notice to the director.

(e) Inures to the benefit of a person who suffers loss because of either:

(i) Nonpayment by the dealer of customer prepaid title, registration or other related fees or taxes.

(ii) The automotive recycler's or the dealer's failure to deliver in conjunction with the sale of a vehicle a valid vehicle title certificate free and clear of any prior owner's interests and all liens except a lien created by or expressly assumed in writing by the buyer of the vehicle.

3. A copy of the dealer's current transaction privilege tax license.
A.R.S. § 28-5952 — Arizona Code / Title 28 / Chapter 16 / Article 5 / Section 5952
28-5952 Levy release; property return
Status: in_force

28-5952. Levy release; property return

A. The director may release the levy on all or part of the property or rights to property levied on if the director determines the release will facilitate the collection of the liability. The release does not prevent a subsequent levy.

B. If the director determines that property has been wrongfully levied on, the director may return:

1. The specific property levied on.

2. An amount of money equal to the amount of money levied on.

3. An amount of money equal to the amount of money received by this state from a sale of the property.

C. Property may be returned at any time. An amount equal to the amount of money levied on or received from the sale may be returned at any time before the expiration of nine months from the date of the levy.
A.R.S. § 28-1468 — Arizona Code / Title 28 / Chapter 4 / Article 5 / Section 1468
28-1468 Ignition interlock service provider application; denial; appeal; contract requirements; manufacturer reporting requirements; cease and desist order
Status: in_force

28-1468. Ignition interlock service provider application; denial; appeal; contract requirements; manufacturer reporting requirements; cease and desist order

A. An application for authorization of an ignition interlock service provider contract must be submitted to the director by the manufacturer in writing on a form prescribed and furnished by the director. The person shall include with the application all documents and fees prescribed by the director.

B. The application shall be verified and must contain:

1. The name and residence address of the applicant, the name and residence address of each partner if the applicant is a partnership or the name and residence address of each principal officer if the applicant is a corporation.

2. The applicant's principal place of business.

3. The location or planned location for each place of business at or from which the business is to be conducted.

4. Any other information the director requires.

C. The director may approve an application for authorization of a contract if the director determines that the requirements of this article are met.

D. The director may deny an application for authorization of a contract if any person included in the application has:

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 a class 1, 2, 3 or 4 felony or a crime of moral turpitude, breach of trust, fraud, theft or dishonesty in any jurisdiction or any foreign country within ten years before the date of the application.

3. Been convicted of any criminal act, other than a crime described in paragraph 2 of this subsection, in any jurisdiction or a foreign country within five years before the date of the application.

4. Been involved in any activity that the director determines to be inappropriate in relation to the authority granted.

E. The director may deny an application for authorization of an ignition interlock service provider contract under this article and, if denied, shall notify the applicant in writing of the denial within twenty days after the denial and of the grounds for the denial if the director determines that any of the following applies:

1. The applicant is not eligible for an ignition interlock service provider contract under this article.

2. The application is not made in good faith.

3. The application contains a material misrepresentation or misstatement.

4. The applicant has not met the requirements of this chapter.

F. An applicant whose application is denied may make a written request to the department for a hearing on the denial of the application within fifteen days after the notice of denial.  If the applicant does not request a hearing within thirty days, the denial is final.

G. If the applicant requests a hearing, the director shall provide written or electronic notice to the applicant to appear at a hearing to show cause why the denial of the applicant's application should not be upheld.  After consideration of the evidence presented at the hearing, the director shall issue a written decision and order.

H. If the application is denied, the applicant may appeal the decision pursuant to title 12, chapter 7, article 6.

I. If the director authorizes an ignition interlock service provider's application for a contract, the ignition interlock service provider's contract with the department must meet or exceed the requirements in this section, be for a term of at least three years and include all of the following provisions and requirements:

1. Require the ignition interlock service provider to maintain at least one service center in each county in this state.

2. Ignition interlock devices must be effectively and efficiently installed, calibrated and removed.

3. Ignition interlock devices must be serviced, inspected and monitored.

4. The ignition interlock manufacturer must electronically transmit reports to the department in a format that is determined by the department and that includes any of the following:

(a) Driver activity.

(b) Bypass approval.

(c) Compliance.

(d) Client violations.

(e) Unique identifying numbers for each device.

(f) Unique employee numbers identifying the person who installed or removed an ignition interlock device.

5. A detailed implementation plan that outlines the steps and the time frames necessary for the ignition interlock service provider to be fully operational.

6. The ignition interlock service provider must collect and remit all applicable fees and taxes to the appropriate government entity.

7. If the ignition interlock service provider is out of compliance, corrective actions that will be taken, including penalty provisions and liquidated damages.

8. The ignition interlock device must have security protections, including each device having the capability to record each event and provide visual evidence of any actual or attempted tampering, alteration, bypass or circumvention.

9. The ignition interlock service provider will process the transition and ensure that continuous monitoring occurs if an ignition interlock device client requires transition of services.

10. The ignition interlock service provider will self-certify, complete background checks and train technicians in compliance with the rules adopted by the department.

11. The ignition interlock service provider must ensure that each service center is adequately staffed and equipped to provide all ignition interlock device support services.  Mobile service operations based at a service center are permitted, except that a tow truck may not be used for mobile service.  A service center may not provide services for more than one ignition interlock service provider.

12. The ignition interlock service provider must train clients on how to use the ignition interlock device.

13. A transition plan that will ensure continuous monitoring is achieved if the ignition interlock service provider leaves this state.

14. Require the ignition interlock service provider to have and maintain insurance that is approved by the department.

15. A procedure for progressive discipline of an employee, agent or subcontractor of an ignition interlock service provider who fails to comply with the requirements of this chapter or of the ignition interlock service provider contract.

16. Require client information and financial records to be maintained at a commercial business location in this state that is not a residence and that has posted business hours where the department may access the records. On termination or expiration of the contract, the ignition interlock service provider must submit all client information to the department.

17. The ignition interlock service provider may not charge a client to replace a defective ignition interlock device.

18. The ignition interlock device must take a digital image identifying the client who is providing the breath sample and the digital image must include the date and time that the breath sample was provided.

19. The ignition interlock service provider must comply with all county and municipal zoning regulations for commercial businesses and provide a corresponding business license to the department.

20. The ignition interlock service provider must clearly post all client fees for the installation, removal and inspection of the certified ignition interlock device.

J. If the director has reasonable cause to believe that a person who is a party to an ignition interlock service provider contract pursuant to this article is violating any provision of this chapter, the director shall immediately issue and mail a cease and desist order to the person's last known address.

K. On receipt of the cease and desist order, the person shall immediately cease and desist, or cease and desist as provided in the contract between the department and the ignition interlock service provider, from further engaging in any activity that is not authorized pursuant to this chapter and that is specified in the cease and desist order.

L. On failure of the person to comply with the cease and desist order, the director may conduct a hearing pursuant to this section.
A.R.S. § 28-2433 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2433
28-2433 Arizona professional football club special plates; fund
Status: in_force

28-2433. Arizona professional football club special plates; fund

A. If, by December 31, 2009, a charitable organization affiliated with an Arizona professional football club donates thirty-two thousand dollars to the department for the implementation of an Arizona professional football club special plate, the department shall issue the Arizona professional football club special plates.  The entity that provides the thirty-two thousand dollars for the implementation of the Arizona professional football club special plates shall design the Arizona professional football club special plates.  The design and color of the Arizona professional football club special plates are subject to the approval of the department.  The director may allow a request for Arizona professional football club 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 Arizona professional football club 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 Arizona professional football club special plate fund established by subsection D of this section.

D. The Arizona professional football club special plate fund is established consisting of monies received pursuant to this section.  The director shall administer the fund.  The first thirty-two thousand dollars received shall be reimbursed to the entity that paid the implementation fee to the department pursuant to subsection A of this section. Not more than ten per cent of monies deposited in the fund annually shall be used for the cost of administering the fund. Monies in the fund are continuously appropriated.  The director shall allocate monies from the fund through a private Arizona professional football organization's foundation that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes. The director shall forward all monies deposited in the Arizona professional football club special plate fund, excluding administrative fees, to the foundation on an annual basis.

E. 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.
A.R.S. § 28-882 — Arizona Code / Title 28 / Chapter 3 / Article 14 / Section 882
28-882 Parking spaces for persons with physical disabilities
Status: reserved

28-882. Parking spaces for persons with physical disabilities

A. Each state agency having jurisdiction over street parking or publicly owned and operated parking facilities shall provide specially designated and marked motor vehicle parking spaces for the exclusive use of persons with physical disabilities.

B. Each political subdivision of this state having jurisdiction over street parking or publicly owned and operated parking facilities shall provide, as determined by the county board of supervisors or the governing body of a city or town, specially designated and marked motor vehicle parking spaces for the exclusive use of persons with physical disabilities.

C. Each parking space described in this section shall be prominently outlined with paint and posted with a permanent sign that is located at least three feet but not more than six feet above the grade, that is of a color and design approved by the department and that bears the internationally accepted symbol of access and the caption "reserved parking".
A.R.S. § 28-9141 — Arizona Code / Title 28 / Chapter 26 / Article 3 / Section 9141
28-9141 Authority treasurer
Status: in_force

28-9141. Authority treasurer

The authority shall appoint an authority treasurer or may enter into an intergovernmental agreement with the county treasurer to provide financial services for the authority.
A.R.S. § 28-5737 — Arizona Code / Title 28 / Chapter 16 / Article 2 / Section 5737
28-5737 Discharge of surety
Status: in_force

28-5737. Discharge of surety

A. On written request to the director, a surety on a bond furnished by a licensee pursuant to this article shall be discharged from any liability to the state accruing on the bond after the last day of the month that includes the sixtieth day after the date of filing the request but not from liability already accrued or accruing before the last day of the month that includes the end of the sixty day period.  On receipt of such a request, the director shall promptly notify the licensee who furnished the bond in question.

B. Unless the licensee files a new bond satisfactory to the director on or before the last day of the month that includes the end of the sixty day period, the director shall immediately revoke the licensee's license.
A.R.S. § 28-5865 — Arizona Code / Title 28 / Chapter 16 / Article 4 / Section 5865
28-5865 Appeals
Status: in_force

28-5865. Appeals

A motor carrier who is aggrieved by an assessment, decision or order of the director pursuant to this article may request a hearing pursuant to section 28-5924.
A.R.S. § 28-912 — Arizona Code / Title 28 / Chapter 3 / Article 15 / Section 912
28-912 Vehicles transporting equine; violation; classification; definitions
Status: in_force

28-912. Vehicles transporting equine; violation; classification; definitions

A. A vehicle used to transport any equine to a slaughtering establishment may have no more than one level or tier in the compartment containing the equine.

B. The animal cargo space of vehicles used for the transportation of equines to slaughtering establishments must:

1. Be designed, constructed and maintained in a manner that at all times protects the health and well-being of any equine being transported.

2. Segregate any aggressive equine from the other equines in or on the vehicle.

3. Have sufficient interior height to allow each equine to stand with its head extended to the fullest normal postural height.

4. Be equipped with doors and ramps of sufficient size to provide for safe loading and unloading of any equine.

C. Before the transportation of any equine to a slaughtering establishment, the owner or shipper must:

1. For a period of not less than six consecutive hours immediately before any equine is loaded in or on the vehicle, provide each equine appropriate food, potable water and the opportunity to rest.

2. Load each equine on the vehicle so that:

(a) Each equine has enough floor space to ensure that no equine is crowded in a way likely to cause injury or discomfort.

(b) Any aggressive equine cannot come into contact with any other equine on the vehicle.

D. During transit to the slaughtering establishment, the owner or shipper must:

1. Drive in a manner to avoid causing injury to the equines.

2. Observe the equines as frequently as circumstances allow, but not less than once every six hours, to check the physical condition of the equines and ensure that all requirements of this section are being followed. The owner or shipper must obtain veterinary assistance as soon as practical for any equine in obvious physical distress. Any equine that becomes nonambulatory during transit must be euthanized as soon as practical.

3. Offload from the vehicle any equine that has been in or on the vehicle for twenty-eight consecutive hours and provide the equine appropriate food, potable water and the opportunity to rest for at least five consecutive hours.

4. Transport all equines to a slaughtering establishment as expeditiously and carefully as possible in a manner that does not cause unnecessary discomfort, stress, physical harm or trauma.  Electric prods shall not be used for any purpose on equines while transporting equines to a slaughtering establishment, including while loading or unloading the vehicle, except when human safety is threatened.

E. Transporting one equine in violation of this section is a class 3 misdemeanor.  A subsequent violation under this subsection is a class 2 misdemeanor.

F. Transporting two or more equine in violation of this section is a class 2 misdemeanor.  A subsequent violation under this subsection is a class 1 misdemeanor.

G. For the purposes of this section:

1. "Equine" has the same meaning prescribed in section 3-1201.

2. "Slaughtering establishment" has the same meaning prescribed in section 3-2001.
A.R.S. § 28-408 — Arizona Code / Title 28 / Chapter 2 / Article 4 / Section 408
28-408 Agreements with nonpublic entities
Status: in_force

28-408. Agreements with nonpublic entities

The director shall enter into agreements by direct contract with nonpublic entities for services or shall jointly exercise any powers common to the contracting parties that the director deems necessary and in the best interests of the department subject to the limitations of section 41-2544.
A.R.S. § 28-7691 — Arizona Code / Title 28 / Chapter 21 / Article 7 / Section 7691
28-7691 Definitions
Status: in_force

28-7691. Definitions

In this article, unless the context otherwise requires:

1. "Excise taxes" means all unrestricted excise, transaction, franchise, privilege and business taxes, state shared transaction privilege and income taxes, fees for licenses and permits and state revenue sharing that are levied and paid by a political subdivision or contributed, levied or paid to the political subdivision and not earmarked by the contributor or the political subdivision for a contrary or inconsistent purpose.

2. "Political subdivision" means a county, city, town or special taxing district established pursuant to section 48-5102 to construct or assist in the construction of a transportation project.

3. "Transportation project" means all or a portion of a project that is included in the state's transportation improvement program or a plan, as defined in section 28-6351, including the project planning, environmental work, design, right-of-way acquisition or construction for the transportation project and associated rolling stock and operating systems.

4. "Transportation project advance agreement" means a written agreement, entered into in accordance with section 28-7677 and section 9-500.17, 11-269.03 or 48-5122, between one or more political subdivisions and the department, a regional planning agency, metropolitan planning organization or council of governments or a designated grant recipient under which the political subdivision advances monies to the department, the regional planning agency, metropolitan planning organization or council of governments or the designated grant recipient to accelerate a transportation project and under which the recipient of the advanced monies repays the advance.

5. "Transportation project advance revenues" means any revenues a political subdivision receives under a transportation project advance agreement, or as proceeds of transportation project advancement notes, together with any earnings from the investment of the revenues.

6. "Transportation project advancement notes" means notes authorized by this article.
A.R.S. § 28-7755 — Arizona Code / Title 28 / Chapter 22 / Article 2 / Section 7755
28-7755 Responsibility for tolls and other charges
Status: in_force

28-7755. Responsibility for tolls and other charges

A. The operator of a motor vehicle on a toll facility is liable for paying the applicable tolls, administrative charges and penalties imposed pursuant to this article.

B. Except as provided in sections 28-7756 and 28-7757, the registered owner of the motor vehicle, even if the registered owner of the motor vehicle is not the operator of the motor vehicle, is jointly and severally liable with the operator of the motor vehicle for the tolls, administrative charges and penalties imposed pursuant to this article if the motor vehicle was used or operated with the express or implied permission of the registered owner at the time the toll transaction occurred.

C. The transferee of title to a motor vehicle as described in section 28-7756 is jointly and severally liable with the operator of the motor vehicle for the tolls, administrative charges and penalties imposed pursuant to this article if the motor vehicle was used or operated with the express or implied permission of the transferee at the time the toll transaction occurred.

D. Except as provided in section 28-7756, the lessee of a motor vehicle, even if the lessee is not the operator of the motor vehicle, is jointly and severally liable with the operator of the motor vehicle for the tolls, administrative charges and penalties imposed pursuant to this article if the motor vehicle was used or operated with the express or implied permission of the lessee at the time the toll transaction occurred.

E. This section does not preclude a person who pays a toll, administrative charge or penalty from pursuing a civil claim to recover the amount of the toll, administrative charge or penalty, attorney fees and court costs from the operator of the motor vehicle at the time of the toll transaction.
A.R.S. § 28-7284 — Arizona Code / Title 28 / Chapter 20 / Article 10 / Section 7284
28-7284 Agreements
Status: in_force

28-7284. Agreements

The director may enter into agreements on behalf of this state with a local authority in regard to the financing, construction or maintenance of an economic strength project recommended by the Arizona commerce authority and approved by the board.
A.R.S. § 28-7703 — Arizona Code / Title 28 / Chapter 22 / Article 1 / Section 7703
28-7703 Project delivery methods
Status: in_force

28-7703. Project delivery methods

The department shall provide for the development or operation of eligible facilities using a variety of project delivery methods and forms of agreement.  The methods may include a wide range of possibilities, including:

1. Predevelopment agreements leading to other implementing agreements.

2. A design-build agreement.

3. A design-build-maintain agreement.

4. A design-build-finance-operate agreement.

5. A design-build-operate-maintain agreement.

6. A design-build-finance-operate-maintain agreement.

7. A concession providing for the private partner to design, build, operate, maintain, manage or lease an eligible facility.

8. Any other project delivery method or agreement or combination of methods or agreements that the department determines will serve the public interest.
A.R.S. § 28-2470.24 — Arizona Code / Title 28 / Chapter 7 / Article 12 / Section 2470.24
28-2470.24 Neurodiversity services and research special plates; fund
Status: in_force

28-2470.24. Neurodiversity services and research special plates; fund

A. If, by December 31, 2024, a person pays $32,000 to the department for the implementation of this section, the department shall issue neurodiversity services and research special plates. The person that provides the $32,000 shall design the neurodiversity services and research special plates. The design and color of the neurodiversity services and research special plates are subject to the approval of the department. The director may allow a request for neurodiversity services and research 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 the neurodiversity services and research special plates.

B. Of the $25 fee required by section 28-2402 for the original special plates and for renewal of special plates, $8 is a special plate administration fee and $17 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 shall transmit all donations collected pursuant to this section to the neurodiversity services and research special plate fund established by this section.

D. The neurodiversity services and research special plate fund is established consisting of monies deposited pursuant to this section. The director shall administer the fund. The first $32,000 in the fund shall be reimbursed to the person that paid the implementation fee to the department pursuant to subsection A of this section. Not more than ten percent of the monies deposited in the fund annually shall be used for the cost of administering the fund. Monies in the fund are continuously appropriated.

E. The director shall annually allocate monies from the fund to two entities that are qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes and that are engaged with the neurodiversity community as follows:

1. One entity must:

(a) Be an internationally recognized leader that conducts innovative research, provides evidence-based practices, disseminates effective training and builds inclusive communities for individuals of all ages with autism and their families.

(b) Offer nearly twenty programs and services rooted in applied behavior analysis and provide community outreach and training.

(c) Have an innovative research program that brings together scientists and stakeholders to gain a better understanding of possible causes of autism, identify better treatments and educate others about how to improve the quality of life for those impacted.

2. One entity must:

(a) Advance innovative residential and community options for adults with autism, down syndrome, traumatic brain injury and other neurodiversities through its vision for fueling a new wave of real estate and community integrated living options.

(b) Have a property that is eighty-one thousand square feet and that contains a sixty-three unit apartment community set in an urban area.

(c) Have an institute that leverages the property described in subdivision (b) of this paragraph to serve as a research and development site and to support the replication of residential and postsecondary education models through collaboration among the public, private, philanthropic and nonprofit sectors.

F. 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.