Arizona Laws 44-1327. Report to the department of public safety; exemption; violation; classification
A. Within twenty-four hours of receipt of lead acid batteries, except from an industrial account or a used automotive components dealer, for which a record is required to be kept by section 44-1325, a used automotive components dealer shall electronically submit to the department of public safety a record of the receipt of lead acid batteries. The record shall include the following information:
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 6 months | up to $2,500 |
Terms Used In Arizona Laws 44-1327
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Industrial account: means a person or business entity that files or is required to file monthly returns for that person's or entity's transaction privilege tax license or a governmental entity that sells lead acid batteries to an automotive recycler. See Arizona Laws 44-1321
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lead acid battery: means a battery with a core of elemental lead and a capacity of six or more volts that is suitable for use in a vehicle or a boat. See Arizona Laws 44-1321
- Peace officer: includes a law enforcement officer who is employed by the department of transportation. See Arizona Laws 44-1321
- Person: means an individual, corporation, partnership, association, joint stock company or trust, limited liability company, government or governmental subdivision or agency or any other unincorporated organization. See Arizona Laws 44-1801
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
1. The date, time and place of the transaction.
2. An identifying description of the specific lead acid batteries received including the amount of the transaction or other consideration given.
3. A description of the person delivering the lead acid batteries to the used automotive components dealer including the person’s gender, height, weight, race and hair and eye color, address and date of birth and a photocopy of a current driver license, nonoperating identification license issued pursuant to section 28-3165 or photo identification card issued by a tribal government or the United States military.
4. The number and state of issuance of the license on the vehicle used to deliver the lead acid batteries.
B. The department of public safety shall establish by rule electronic submission standards. The submission standards shall allow the submission of the information in an electronic format that is compatible with the output format of not less than four of the record keeping software programs currently in use in the used automotive components dealer industry in this state in a manner that will allow the information to be electronically merged with the department of public safety’s database. A used automotive components dealer that submits information to the department of public safety pursuant to this section shall not be required to submit the same information to a local law enforcement agency.
C. The department of public safety shall make the information submitted pursuant to this section available to local law enforcement agencies over the internet and shall provide for training and procedures to allow law enforcement personnel to access the information provided electronically for law enforcement purposes.
D. For transactions with a value over one hundred dollars, a used automotive components dealer shall hold in its custody in the same size, shape and condition in which the lead acid battery was received on its business premises any lead acid batteries received in a reportable transaction for seven days after filing the report prescribed by subsection A of this section.
E. Subsection D of this section does not apply to transactions with industrial accounts or lead acid batteries authorized for release by a peace officer of that jurisdiction.
F. A person who fails to file a report prescribed by this section is guilty of a class 1 misdemeanor.