motor vehicle booting; fees; regulation, the official text

Senate Engrossed

motor vehicle
booting; fees; regulation

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1205

AN
ACT

amending title 9, chapter 4, article 8,
arizona revised statutes, by adding section 9-500.54; relating to
municipal regulations.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Title 9, chapter 4, article 8,
Arizona Revised Statutes, is amended by adding section 9-500.54, to read:

START_STATUTE9-500.54. Motor vehicle booting; regulation; notice; restrictions; fees; violation;
classification; definitions

A. a city or town may not adopt any
law, ordinance or other regulation that prohibits booting a motor vehicle that
is located on private property without the permission of the owner or operator
of the motor vehicle.

B. a city or town may adopt a law,
ordinance or other regulation that regulates the rates that a motor vehicle
booting service may charge that are consistent with subsection G of this section. The city or town may adopt signage
requirements and booted motor vehicle release practices that are consistent
with subsections C and E of this section if the motor vehicle that is subject
to booting is located on private property within the boundaries of the city or
town.

C. The owner or agent of the owner of
the private property is deemed to have given consent to unrestricted parking by
the general public in any parking area of the private property unless the
parking area is posted with signs as prescribed by this subsection that are
clearly visible and readable from any point within the parking area and at each
entrance. the sign must contain, at a minimum, the following:

1. Restrictions on parking.

2. Disposition of motor vehicles
found in violation of the parking restrictions.

3. the Maximum cost to the owner or
operator of the motor vehicle for removal of the booting device.

4. a Telephone number and address for
the vehicle booting service for ASSISTANCE with boot removal.

D. A motor vehicle booting service
may boot a motor vehicle on private property if both of the following apply:

1. The motor vehicle booting service
receives a request from a law enforcement agency or has obtained the written
permission from the owner or the agent of the owner of the private property
that complies with subsection C of this section.

2. The motor vehicle booting service
does not act as the agent of the owner Of the private property except to the
extent required to collect unpaid parking fees.

E. A motor vehicle booting service
shall release a booted motor vehicle within thirty minutes after receiving a
request for the motor vehicle's release. A motor vehicle booting
service shall have the ability to release a booted motor vehicle twenty-four
hours a day, seven days a week. All charges for the booting of the
motor VEHICLE and all unpaid parking fees must be paid before the release of
the booted motor vehicle.

F. A motor VEHICLE booting service or
a parking area management company shall provide a motor vehicle owner with a
dispute process for a motor vehicle booting dispute. If the owner of
a booted motor vehicle files a dispute regarding the booting of the motor
vehicle, the dispute shall be decided by an officer of an authorized agent of
the motor vehicle booting service or of the parking area management company. The
motor vehicle booting service or the parking area management company shall
provide notice of the decision of the dispute to the motor vehicle owner within
sixty days after the motor vehicle booting dispute is filed.

G. A motor vehicle booting service
may charge at least $90 but not more than $150 for booting a motor vehicle. The
statutory motor vehicle booting service fees for booting a motor vehicle must
automatically be adjusted every three years based on the consumer price index
as published by the united states department of labor, bureau of labor
statistics. A motor vehicle booting SERVICE may not charge an
additional fee for the use of a credit card to pay booting fees and unpaid
parking fees. If a motor vehicle booting service releases a booted
motor vehicle after thirty minutes but before sixty minutes of receiving a
request to release the motor vehicle, the motor vehicle booting service shall
reduce the motor vehicle booting fee by fifty percent. If a motor
vehicle booting service releases a booted vehicle after sixty minutes of
receiving a request to release the motor vehicle, the motor vehicle booting
service may not charge a fee for the release of the motor vehicle. A
motor vehicle booting service may charge only one fee for booting a combination
of motor vehicles. A motor vehicle booting service may charge an
additional fee for booting a trailer or other vehicle that is separated from
the motor vehicle that is the trailer's or other vehicle's method of
transportation.  A motor vehicle that has been booted with a booting device
that can be removed by the owner or operator of the motor vehicle on the
payment of booting fees and unpaid parking fees will be deemed released to the
motor vehicle's owner or operator once the motor vehicle's owner or operator
has been provided the ability to remove the booting device.

H. If the owner or operator of a
motor vehicle intentionally damages a booting device or does not return a
booting device to the motor vehicle booting service or to a clearly designated
area on-site at the motor vehicle booting service storage area, the motor
vehicle's owner or operator may be subject to an additional fee of not more
than $250.

I. A motor vehicle booting service
may not boot any of the following:

1. A motor vehicle that is displaying
a tax-exempt license plate.

2. A marked emergency motor vehicle.

3. A motor vehicle with an occupant.

4. A motor vehicle that remains
parked for less than fifteen minutes after the paid parking period that is
applicable to that motor VEHICLE expires.

J. A motor vehicle booting service
shall maintain a time-stamp method of recording calls that request the
release of a booted motor vehicle. the motor vehicle booting service
shall maintain The call records for a minimum of ninety days. The
motor vehicle booting service shall make available to the city or town at no
charge the recording of a call within five days after receiving a request from
the city or town.

K. A person that violates subsection
D, e, G, H or I of this section is guilty of a class 2 misdemeanor.

L. This section applies only to
services performed while a person is engaged in the activities of a motor
vehicle booting service.

M. this section does not apply to
abandoned or junk vehicles disposed of pursuant to title 28, chapter 11.

N. For the purposes of this section:

1. "Boot" or
"Booting" means to immobilize a motor vehicle by the use of a
mechanical device that is attached to the tire or wheel or other part of the
motor vehicle.

2. "motor vehicle booting
Service" means any person that commercially offers boot or booting
services of a motor vehicle that is located on private property without the
permission of the owner or operator of the motor vehicle.

3. "Parking area":

(a) means any
part of private property that is regularly used or intended for use or clearly
MARKED for motor vehicle parking for a fee.

(b) Includes:

(i) Surface
area parking lots.

(ii) Parking
garages.

(iii) Parking
structures.

(iv) Designated
commercial parking zones. END_STATUTE