28-5104. Bond requirement


A. A person who applies for authorization pursuant to this article shall submit
with the application a bond in a form to be approved by the director and in an amount of
at least one hundred thousand dollars.


B. A surety company authorized to transact business in this state shall execute the
bond with the applicant as principal obligor on the bond and the state as obligee. The
bond shall be conditioned that the applicant will faithfully comply with all of the
provisions of law and that the bond is noncancellable without at least sixty days' prior
notice to the director. Any future liability of the surety company terminates on the
director's termination of a third party's authorization.


C. The bond inures to the benefit of any person who suffers loss because of any of
the following:


1. Nonpayment by the authorized person of any fee or tax paid to the third party by
that person.


2. Insolvency or discontinuance of business.


3. Failure of the authorized third party to comply with the authorized third
party's duties pursuant to this article.


D. The aggregate liability of a surety company for any breach of the conditions of
a bond required pursuant to this section shall not exceed the amount of the bond.


E. The bond requirement of this section does not apply to:


1. A department, agency or political subdivision of this state.


2. An Arizona court.


3. An Arizona law enforcement agency or department.


4. A financial institution or enterprise under the jurisdiction of the department
of financial institutions or a federal monetary authority.


5. The federal government or any of its agencies.


6. A motor vehicle dealer that is licensed and bonded by the department of
transportation or a state organization of licensed and bonded motor vehicle dealers.


7. A manufacturer, importer, factory branch or distributor licensed by the
department of transportation.


8. An insurer under the jurisdiction of the department of insurance.


9. An owner or registrant of a fleet of one hundred or more vehicles.


10. A public utility.


11. A tribal government.


12. An employer or association that has at least five hundred employees or members.