Arizona 2023 Regular Session

Arizona Senate Bill SB1019 Compare Versions

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11 PREFILED JAN 04 2023 REFERENCE TITLE: Gila River Indian Community plates State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1019 Introduced by Senator Shope An Act amending title 28, chapter 7, article 12, Arizona Revised Statutes, by adding section 28-2470.18; amending sections 28-6501, 28-6991 and 28-6993, Arizona Revised Statutes; relating to special plates. (TEXT OF BILL BEGINS ON NEXT PAGE)
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1010 State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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5656 amending title 28, chapter 7, article 12, Arizona Revised Statutes, by adding section 28-2470.18; amending sections 28-6501, 28-6991 and 28-6993, Arizona Revised Statutes; relating to special plates.
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6666 Be it enacted by the Legislature of the State of Arizona: Section 1. Title 28, chapter 7, article 12, Arizona Revised Statutes, is amended by adding section 28-2470.18, to read: START_STATUTE28-2470.18. Gila River Indian Community special plates A. If by December 31, 2023, a person pays $32,000 to the department for the implementation of this section, the department shall issue Gila River Indian Community special plates. The director may allow a request for Gila River Indian Community 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 Gila River Indian Community 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 Gila River Indian Community transportation committee. The Gila River Indian Community transportation committee 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 Gila River Indian reservation that are located in this state and that are not state highways. END_STATUTE Sec. 2. Section 28-6501, Arizona Revised Statutes, is amended to read: START_STATUTE28-6501. Definition of highway user revenues In this article, unless the context otherwise requires or except as otherwise provided by statute, "highway user revenues" means all monies received in this state from licenses, taxes, penalties, interest and fees authorized by the following: 1. Chapters 2, 7, 8 and 15 of this title, except for: (a) The special plate administration fees prescribed in sections 28-2404, 28-2407, 28-2412 through 28-2470.17 28-2470.18 and 28-2514. (b) The donations prescribed in sections 28-2404, 28-2407, 28-2412 through 28-2415, 28-2417 through 28-2470.17 28-2470.18, 28-2473, 28-2474, 28-2475 and 28-2476. 2. Section 28-1177. 3. Chapters 10 and 11 of this title. 4. Chapter 16, articles 1, 2 and 4 of this title, except as provided in sections 28-5926 and 28-5927. END_STATUTE Sec. 3. Section 28-6991, Arizona Revised Statutes, is amended to read: START_STATUTE28-6991. State highway fund; sources The 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 or cities 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 or city stating the purposes for which the monies are surrendered by the county or city, 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) $1 of each registration fee and $1 of each title fee collected pursuant to section 28-2003. (c) $2 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, 28-2407, 28-2412 through 28-2416, 28-2416.01, 28-2417 through 28-2470.17 28-2470.18 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. 25. Monies deposited pursuant to section 28-7316. 26. Monies deposited pursuant to section 28-4302. 27. Monies deposited pursuant to section 28-3416. 28. Monies deposited pursuant to section 28-4504. 29. Monies deposited pursuant to section 28-2098. 30. Monies deposited pursuant to sections 28-2321, 28-2324, 28-2325, 28-5474, 28-5739, 28-5863 and 28-5864. END_STATUTE Sec. 4. Section 28-6993, Arizona Revised Statutes, is amended to read: START_STATUTE28-6993. State highway fund; authorized uses A. Except as provided in subsection B of this section and section 28-6538, the state highway fund shall be used for any of the following purposes in strict conformity with and subject to the budget as provided by this section and by sections 28-6997 through 28-7003: 1. To pay salaries, wages, necessary travel expenses and other expenses of officers and employees of the department and the incidental office expenses, including telegraph, telephone, postal and express charges and printing, stationery and advertising expenses. 2. To pay for both: (a) Equipment, supplies, machines, tools, department offices and laboratories established by the department. (b) The construction and repair of buildings or yards of the department. 3. To pay the cost of both: (a) Engineering, construction, improvement and maintenance of state highways and parts of highways forming state routes. (b) Highways under cooperative agreements with the United States that are entered into pursuant to this chapter and an act of Congress providing for the construction of rural post roads. 4. To pay land damages incurred by reason of establishing, opening, altering, relocating, widening or abandoning portions of a state route or state highway. 5. To reimburse the department revolving account. 6. To pay premiums on authorized indemnity bonds and on compensation insurance under the workers' compensation act. 7. To defray lawful expenses and costs required to administer and carry out the intent, purposes and provisions of this title, including repayment of obligations entered into pursuant to this title, payment of interest on obligations entered into pursuant to this title, repayment of loans and other financial assistance, including repayment of advances and interest on advances made to the department pursuant to section 28-7677, and payment of all other obligations and expenses of the board and department pursuant to chapter 21 of this title. 8. To pay lawful bills and charges incurred by the state engineer. 9. To acquire, construct or improve entry roads to state parks or roads within state parks. 10. To acquire, construct or improve entry roads to state prisons. 11. To pay the cost of relocating a utility facility pursuant to section 28-7156. 12. For the purposes provided in subsections C, D and E of this section and sections 28-1143, 28-2353 and 28-3003. 13. To pay the cost of issuing an Arizona centennial special plate pursuant to section 28-2448. 14. To pay for all of the following: (a) The enforcement by the department of public safety and the department of transportation of vehicle safety requirements within twenty-five miles of the border between this state and Mexico. (b) Costs related to procuring electronic equipment, automated systems or improvements to existing electronic equipment or automated systems for relieving vehicle congestion at ports of entry on the border between this state and Mexico. (c) Constructing, maintaining and upgrading transportation facilities, including roads, streets and highways, approved by the board within twenty-five miles of the border between this state and Mexico. (d) As approved by the board, constructing and maintaining transportation facilities in the CANAMEX high priority corridor as defined in section 332 of the national highway system designation act of 1995 (P.L. 104-59; 109 Stat. 568). (e) Activities of the department that include collecting transportation and trade data in the United States and Mexico for the purposes of constructing transportation facilities, improving public safety, improving truck processing time and relieving congestion at ports of entry on the border between this state and Mexico. The department may enter into an agreement with the Arizona-Mexico commission and provide funding to the commission for the purposes of this subdivision. (f) A commitment or investment necessary for the department or another agency of this state to obtain federal monies that are designated for expenditure pursuant to this section. B. For each fiscal year, the department of transportation shall allocate and transfer monies in the state highway fund to the department of public safety for funding a portion of highway patrol costs in eight installments in each of the first eight months of a fiscal year that do not exceed $10,000,000. C. Subject to legislative appropriation, the department may use the monies in the state highway fund as prescribed in section 28-6991, paragraph 12 to carry out the duties imposed by this title for registration or titling of vehicles, to operate joint title, registration and driver licensing offices, to cover the administrative costs of issuing the air quality compliance sticker, modifying the year validating tab and issuing the windshield sticker and to cover expenses and costs in issuing special plates pursuant to sections 28-2404, 28-2407, 28-2412 through 28-2470.17 28-2470.18 and 28-2514. D. The department shall use monies deposited in the state highway fund pursuant to chapter 5, article 5 of this title only as prescribed by that article. E. Monies deposited in the state highway fund pursuant to section 28-2269 shall be used only as prescribed by that section. F. Monies deposited in the state highway fund pursuant to section 28-710, subsection D, paragraph 2 shall only be used for state highway work zone traffic control devices. G. The department may exchange monies distributed to the state highway fund pursuant to section 28-6538, subsection A, paragraph 1 for local government surface transportation program federal monies suballocated to councils of government and metropolitan planning organizations if the local government scheduled to receive the federal monies concurs. An exchange of state highway fund monies pursuant to this subsection shall be in an amount that is at least equal to ninety percent of the federal obligation authority that exists in the project for which the exchange is proposed. H. The department shall use monies deposited in the state highway fund pursuant to section 28-1105, subsection A, paragraph 2, subdivision (a) only for a transportation facility that is located within twenty drivable miles of the international port of entry and shall spend the monies proportionally based on the amount of total monies collected pursuant to section 28-1105, subsection A, paragraph 2, subdivision (a). For the purposes of this subsection, "transportation facility" means a highway or a state route or a county, city or town road that is used by a commercial vehicle or a commercial vehicle combination for which an axle fee is paid pursuant to section 28-5474. END_STATUTE
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6868 Be it enacted by the Legislature of the State of Arizona:
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7070 Section 1. Title 28, chapter 7, article 12, Arizona Revised Statutes, is amended by adding section 28-2470.18, to read:
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7272 START_STATUTE28-2470.18. Gila River Indian Community special plates
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7474 A. If by December 31, 2023, a person pays $32,000 to the department for the implementation of this section, the department shall issue Gila River Indian Community special plates. The director may allow a request for Gila River Indian Community 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 Gila River Indian Community special plates.
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7676 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.
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7878 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 Gila River Indian Community transportation committee. The Gila River Indian Community transportation committee 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 Gila River Indian reservation that are located in this state and that are not state highways. END_STATUTE
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8080 Sec. 2. Section 28-6501, Arizona Revised Statutes, is amended to read:
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8282 START_STATUTE28-6501. Definition of highway user revenues
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8484 In this article, unless the context otherwise requires or except as otherwise provided by statute, "highway user revenues" means all monies received in this state from licenses, taxes, penalties, interest and fees authorized by the following:
8585
8686 1. Chapters 2, 7, 8 and 15 of this title, except for:
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8888 (a) The special plate administration fees prescribed in sections 28-2404, 28-2407, 28-2412 through 28-2470.17 28-2470.18 and 28-2514.
8989
9090 (b) The donations prescribed in sections 28-2404, 28-2407, 28-2412 through 28-2415, 28-2417 through 28-2470.17 28-2470.18, 28-2473, 28-2474, 28-2475 and 28-2476.
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9292 2. Section 28-1177.
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9494 3. Chapters 10 and 11 of this title.
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9696 4. Chapter 16, articles 1, 2 and 4 of this title, except as provided in sections 28-5926 and 28-5927. END_STATUTE
9797
9898 Sec. 3. Section 28-6991, Arizona Revised Statutes, is amended to read:
9999
100100 START_STATUTE28-6991. State highway fund; sources
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102102 The state highway fund is established that consists of:
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104104 1. Monies distributed from the Arizona highway user revenue fund pursuant to chapter 18 of this title.
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106106 2. Monies appropriated by the legislature.
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108108 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.
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110110 4. Monies received from counties or cities 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 or city stating the purposes for which the monies are surrendered by the county or city, and these monies shall be spent only as stated in the agreement.
111111
112112 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.
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114114 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.
115115
116116 7. Monies deposited in the state general fund and arising from the disposal of state personal property belonging to the department.
117117
118118 8. Receipts from the sale or disposal of any or all other property held by the department and purchased with state highway monies.
119119
120120 9. Monies generated pursuant to section 28-410.
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122122 10. Monies distributed pursuant to section 28-5808, subsection B, paragraph 2, subdivision (d).
123123
124124 11. Monies deposited pursuant to sections 28-1143, 28-2353 and 28-3003.
125125
126126 12. Except as provided in section 28-5101, the following monies:
127127
128128 (a) Monies deposited pursuant to section 28-2206 and section 28-5808, subsection B, paragraph 2, subdivision (e).
129129
130130 (b) $1 of each registration fee and $1 of each title fee collected pursuant to section 28-2003.
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132132 (c) $2 of each late registration penalty collected by the director pursuant to section 28-2162.
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134134 (d) The air quality compliance fee collected pursuant to section 49-542.
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136136 (e) The special plate administration fees collected pursuant to sections 28-2404, 28-2407, 28-2412 through 28-2416, 28-2416.01, 28-2417 through 28-2470.17 28-2470.18 and 28-2514.
137137
138138 (f) Monies collected pursuant to sections 28-372, 28-2155 and 28-2156 if the director is the registering officer.
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140140 13. Monies deposited pursuant to chapter 5, article 5 of this title.
141141
142142 14. Donations received pursuant to section 28-2269.
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144144 15. Dealer and registration monies collected pursuant to section 28-4304.
145145
146146 16. Abandoned vehicle administration monies deposited pursuant to section 28-4804.
147147
148148 17. Monies deposited pursuant to section 28-710, subsection D, paragraph 2.
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150150 18. Monies deposited pursuant to section 28-2065.
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152152 19. Monies deposited pursuant to section 28-7311.
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154154 20. Monies deposited pursuant to section 28-7059.
155155
156156 21. Monies deposited pursuant to section 28-1105.
157157
158158 22. Monies deposited pursuant to section 28-2448, subsection D.
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160160 23. Monies deposited pursuant to section 28-3415.
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162162 24. Monies deposited pursuant to section 28-3002, subsection A, paragraph 14.
163163
164164 25. Monies deposited pursuant to section 28-7316.
165165
166166 26. Monies deposited pursuant to section 28-4302.
167167
168168 27. Monies deposited pursuant to section 28-3416.
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170170 28. Monies deposited pursuant to section 28-4504.
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172172 29. Monies deposited pursuant to section 28-2098.
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174174 30. Monies deposited pursuant to sections 28-2321, 28-2324, 28-2325, 28-5474, 28-5739, 28-5863 and 28-5864. END_STATUTE
175175
176176 Sec. 4. Section 28-6993, Arizona Revised Statutes, is amended to read:
177177
178178 START_STATUTE28-6993. State highway fund; authorized uses
179179
180180 A. Except as provided in subsection B of this section and section 28-6538, the state highway fund shall be used for any of the following purposes in strict conformity with and subject to the budget as provided by this section and by sections 28-6997 through 28-7003:
181181
182182 1. To pay salaries, wages, necessary travel expenses and other expenses of officers and employees of the department and the incidental office expenses, including telegraph, telephone, postal and express charges and printing, stationery and advertising expenses.
183183
184184 2. To pay for both:
185185
186186 (a) Equipment, supplies, machines, tools, department offices and laboratories established by the department.
187187
188188 (b) The construction and repair of buildings or yards of the department.
189189
190190 3. To pay the cost of both:
191191
192192 (a) Engineering, construction, improvement and maintenance of state highways and parts of highways forming state routes.
193193
194194 (b) Highways under cooperative agreements with the United States that are entered into pursuant to this chapter and an act of Congress providing for the construction of rural post roads.
195195
196196 4. To pay land damages incurred by reason of establishing, opening, altering, relocating, widening or abandoning portions of a state route or state highway.
197197
198198 5. To reimburse the department revolving account.
199199
200200 6. To pay premiums on authorized indemnity bonds and on compensation insurance under the workers' compensation act.
201201
202202 7. To defray lawful expenses and costs required to administer and carry out the intent, purposes and provisions of this title, including repayment of obligations entered into pursuant to this title, payment of interest on obligations entered into pursuant to this title, repayment of loans and other financial assistance, including repayment of advances and interest on advances made to the department pursuant to section 28-7677, and payment of all other obligations and expenses of the board and department pursuant to chapter 21 of this title.
203203
204204 8. To pay lawful bills and charges incurred by the state engineer.
205205
206206 9. To acquire, construct or improve entry roads to state parks or roads within state parks.
207207
208208 10. To acquire, construct or improve entry roads to state prisons.
209209
210210 11. To pay the cost of relocating a utility facility pursuant to section 28-7156.
211211
212212 12. For the purposes provided in subsections C, D and E of this section and sections 28-1143, 28-2353 and 28-3003.
213213
214214 13. To pay the cost of issuing an Arizona centennial special plate pursuant to section 28-2448.
215215
216216 14. To pay for all of the following:
217217
218218 (a) The enforcement by the department of public safety and the department of transportation of vehicle safety requirements within twenty-five miles of the border between this state and Mexico.
219219
220220 (b) Costs related to procuring electronic equipment, automated systems or improvements to existing electronic equipment or automated systems for relieving vehicle congestion at ports of entry on the border between this state and Mexico.
221221
222222 (c) Constructing, maintaining and upgrading transportation facilities, including roads, streets and highways, approved by the board within twenty-five miles of the border between this state and Mexico.
223223
224224 (d) As approved by the board, constructing and maintaining transportation facilities in the CANAMEX high priority corridor as defined in section 332 of the national highway system designation act of 1995 (P.L. 104-59; 109 Stat. 568).
225225
226226 (e) Activities of the department that include collecting transportation and trade data in the United States and Mexico for the purposes of constructing transportation facilities, improving public safety, improving truck processing time and relieving congestion at ports of entry on the border between this state and Mexico. The department may enter into an agreement with the Arizona-Mexico commission and provide funding to the commission for the purposes of this subdivision.
227227
228228 (f) A commitment or investment necessary for the department or another agency of this state to obtain federal monies that are designated for expenditure pursuant to this section.
229229
230230 B. For each fiscal year, the department of transportation shall allocate and transfer monies in the state highway fund to the department of public safety for funding a portion of highway patrol costs in eight installments in each of the first eight months of a fiscal year that do not exceed $10,000,000.
231231
232232 C. Subject to legislative appropriation, the department may use the monies in the state highway fund as prescribed in section 28-6991, paragraph 12 to carry out the duties imposed by this title for registration or titling of vehicles, to operate joint title, registration and driver licensing offices, to cover the administrative costs of issuing the air quality compliance sticker, modifying the year validating tab and issuing the windshield sticker and to cover expenses and costs in issuing special plates pursuant to sections 28-2404, 28-2407, 28-2412 through 28-2470.17 28-2470.18 and 28-2514.
233233
234234 D. The department shall use monies deposited in the state highway fund pursuant to chapter 5, article 5 of this title only as prescribed by that article.
235235
236236 E. Monies deposited in the state highway fund pursuant to section 28-2269 shall be used only as prescribed by that section.
237237
238238 F. Monies deposited in the state highway fund pursuant to section 28-710, subsection D, paragraph 2 shall only be used for state highway work zone traffic control devices.
239239
240240 G. The department may exchange monies distributed to the state highway fund pursuant to section 28-6538, subsection A, paragraph 1 for local government surface transportation program federal monies suballocated to councils of government and metropolitan planning organizations if the local government scheduled to receive the federal monies concurs. An exchange of state highway fund monies pursuant to this subsection shall be in an amount that is at least equal to ninety percent of the federal obligation authority that exists in the project for which the exchange is proposed.
241241
242242 H. The department shall use monies deposited in the state highway fund pursuant to section 28-1105, subsection A, paragraph 2, subdivision (a) only for a transportation facility that is located within twenty drivable miles of the international port of entry and shall spend the monies proportionally based on the amount of total monies collected pursuant to section 28-1105, subsection A, paragraph 2, subdivision (a). For the purposes of this subsection, "transportation facility" means a highway or a state route or a county, city or town road that is used by a commercial vehicle or a commercial vehicle combination for which an axle fee is paid pursuant to section 28-5474. END_STATUTE