Bill Text: AZ HB2609 | 2015 | Fifty-second Legislature 1st Regular | Chaptered


Bill Title: Reciprocal driver license agreements

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2015-04-13 - Chapter 294 [HB2609 Detail]

Download: Arizona-2015-HB2609-Chaptered.html

 

 

 

Senate Engrossed House Bill

 

 

 

State of Arizona

House of Representatives

Fifty-second Legislature

First Regular Session

2015

 

 

 

CHAPTER 294

 

HOUSE BILL 2609

 

 

AN ACT

 

amending title 28, chapter 2, article 4, Arizona Revised Statutes, by adding section 28-413; amending section 28‑3002, Arizona Revised Statutes; amending title 28, chapter 8, article 4, Arizona Revised Statutes, by adding section 28-3175; amending section 28‑6991, Arizona Revised Statutes; relating to driver licenses.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Title 28, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 28-413, to read:

START_STATUTE28-413.  Reciprocal driver license agreement; foreign countries

A.  The department may waive the requirements for a written examination and the driving examination required pursuant to section 28-3164 for an operator of a motor vehicle holding a valid driver license issued by a foreign country in which the operator previously resided and who applies for an initial driver license in this state as an original applicant, if all of the following conditions are met:

1.  The director determines that the standards of the foreign country for licensing operators of motor vehicles are substantially similar to those of this state.

2.  The foreign country extends the same reciprocal driver license application privileges to persons licensed in this state.

3.  The director and the foreign country have exchanged letters or other documentation to confirm the reciprocal extension of privileges to operate motor vehicles.

4.  The original applicant under this section complies with the mandatory motor vehicle insurance provisions of chapter 9, articles 1 and 4 of this title.

B.  A person who holds a valid driver license that meets the requirements of subsection A, may apply to the department for a class D, G or M license.  The person applying for the original license shall surrender the foreign country driver license to the department upon successful application.

C.  The department shall publish on its public internet site a current list of foreign countries for which reciprocal operating privileges have been extended and withdrawn.

D.  This section shall not apply to commercial driver licensing.

E.  The director may adopt rules to implement this section. END_STATUTE

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

START_STATUTE28-3002.  Fees; driver licenses; disposition

A.  The following fees are required:

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

(a)  Class A driver license, twenty‑five dollars.

(b)  Class B driver license, twenty‑five dollars.

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

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

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

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

Age                                         Fee  

50 or older                               $10.00

45‑49                                     $15.00

40‑44                                     $20.00

39 or younger                             $25.00

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

(a)  Bus endorsement, ten dollars.

(b)  Hazardous materials endorsement, ten dollars.

(c)  Tank vehicle endorsement, ten dollars.

(d)  Double‑triple trailer endorsement, ten dollars.

(e)  Motorcycle endorsement, seven dollars.

4.  For taking each driving test for a:

(a)  Class A driver license, twenty‑five dollars.

(b)  Class B driver license, twenty‑five dollars.

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

(d)  Bus endorsement, five dollars.

5.  For each application for an instruction permit under:

(a)  Section 28‑3154 or 28‑3156, seven dollars.

(b)  Section 28‑3155, three dollars.

(c)  Section 28‑3225, class A, twenty‑five dollars.

(d)  Section 28‑3225, class B, twenty‑five dollars.

(e)  Section 28‑3225, class C, twelve dollars fifty cents.

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

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

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

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

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

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

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

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

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

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

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

12.  For vision screening tests of out‑of‑state drivers, five dollars.

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

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

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

Sec. 3.  Title 28, chapter 8, article 4, Arizona Revised Statutes, is amended by adding section 28-3175, to read:

START_STATUTE28-3175.  Driver licenses; nonoperating identification licenses; use for boarding aircraft; accessing restricted areas; rules

A.  Notwithstanding any other law, on or before April 1, 2016, if a driver license applicant or nonoperating identification license applicant requests a driver license or nonoperating identification license that allows the applicant to board a federally regulated commercial aircraft or to access restricted areas in federal facilities, nuclear power plants or military facilities, the department must issue the applicant the driver license or nonoperating identification license.

B.  A driver license or nonoperating identification license issued pursuant to this section:

1.  Shall be valid for a period not to exceed eight years.

2.  May not contain radio frequency identification technology.

C.  The department shall adopt rules to implement this section. END_STATUTE

Sec. 4.  Section 28-6991, Arizona Revised Statutes, is amended to read:

START_STATUTE28-6991.  State highway fund; sources

A state highway fund is established that consists of:

1.  Monies distributed from the Arizona highway user revenue fund pursuant to chapter 18 of this title.

2.  Monies appropriated by the legislature.

3.  Monies received from donations for the construction, improvement or maintenance of state highways or bridges.  These monies shall be credited to a special account and shall be spent only for the purpose indicated by the donor.

4.  Monies received from counties under cooperative agreements, including proceeds from bond issues.  The state treasurer shall deposit these monies to the credit of the fund in a special account on delivery to the treasurer of a concise written agreement between the department and the county stating the purposes for which the monies are surrendered by the county, and these monies shall be spent only as stated in the agreement.

5.  Monies received from the United States under an act of Congress to provide aid for the construction of rural post roads, but monies received on projects for which the monies necessary to be provided by this state are wholly derived from sources mentioned in paragraphs 2 and 3 of this section shall be allotted by the department and deposited by the state treasurer in the special account within the fund established for each project.  On completion of the project, on the satisfaction and discharge in full of all obligations of any kind created and on request of the department, the treasurer shall transfer the unexpended balance in the special account for the project into the state highway fund, and the unexpended balance and any further federal aid thereafter received on account of the project may be spent under the general provisions of this title.

6.  Monies in the custody of an officer or agent of this state from any source that is to be used for the construction, improvement or maintenance of state highways or bridges.

7.  Monies deposited in the state general fund and arising from the disposal of state personal property belonging to the department.

8.  Receipts from the sale or disposal of any or all other property held by the department and purchased with state highway monies.

9.  Monies generated pursuant to section 28‑410.

10.  Monies distributed pursuant to section 28‑5808, subsection B, paragraph 2, subdivision (d).

11.  Monies deposited pursuant to sections 28‑1143, 28‑2353 and 28‑3003.

12.  Except as provided in section 28‑5101, the following monies:

(a)  Monies deposited pursuant to section 28‑2206 and section 28‑5808, subsection B, paragraph 2, subdivision (e).

(b)  One dollar of each registration fee and one dollar of each title fee collected pursuant to section 28‑2003.

(c)  Two dollars of each late registration penalty collected by the director pursuant to section 28‑2162.

(d)  The air quality compliance fee collected pursuant to section 49‑542.

(e)  The special plate administration fees collected pursuant to sections 28‑2404, 28‑2412 through 28‑2416, 28‑2416.01, 28‑2417 through 28‑2451 and 28‑2514.

(f)  Monies collected pursuant to sections 28‑372, 28‑2155 and 28‑2156 if the director is the registering officer.

13.  Monies deposited pursuant to chapter 5, article 5 of this title.

14.  Donations received pursuant to section 28‑2269.

15.  Dealer and registration monies collected pursuant to section 28‑4304.

16.  Abandoned vehicle administration monies deposited pursuant to section 28‑4804.

17.  Monies deposited pursuant to section 28‑710, subsection D, paragraph 2.

18.  Monies deposited pursuant to section 28‑2065.

19.  Monies deposited pursuant to section 28‑7311.

20.  Monies deposited pursuant to section 28‑7059.

21.  Monies deposited pursuant to section 28‑1105.

22.  Monies deposited pursuant to section 28‑2448, subsection D.

23.  Monies deposited pursuant to section 28‑3415.

24.  Monies deposited pursuant to section 28-3002, subsection A, paragraph 14. END_STATUTE

Sec. 5.  Exemption from rulemaking

For the purposes of section 28-3175, Arizona Revised Statutes, as added by this act, and section 28-3002, Arizona Revised Statutes, as amended by this act, the department of transportation is exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, for one year after the effective date of section 28-3175, Arizona Revised Statutes.  The department of transportation shall provide public notice and an opportunity for public comment on proposed rules at least thirty days before a rule is adopted or amended.

Sec. 6.  Conditional enactment; notice

A.  Section 28-3175, Arizona Revised Statutes, as added by this act, and sections 28-3002 and 28-6991, Arizona Revised Statutes, as amended by this act, become effective only if by January 1, 2021 this state requests the federal government to grant this state a waiver from complying with the requirements of the REAL ID act of 2005 (P.L. 109‑13, division B; 119 Stat. 302) and the federal government does not grant the waiver.

B.  Section 28-3175, Arizona Revised Statutes, and section 28-3002, Arizona Revised Statutes, as amended by this act, do not become effective if by January 1, 2021:

1.  This state does not request the waiver described in subsection A of this section.

2.  This state requests the waiver described in subsection A of this section and receives the waiver from the federal government.

C.  The department of transportation shall notify in writing the director of the Arizona legislative council within three business days of the date that the waiver is both:

1.  Requested.

2.  Granted or denied.


 

 

 

APPROVED BY THE GOVERNOR APRIL 13, 2015.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 14, 2015.

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