State SealARIZONA HOUSE OF REPRESENTATIVES

 

SB 1200: transportation revisions

PRIME SPONSOR: Senator Worsley, LD 25

BILL STATUS: House Engrossed

            

Legend: ADOT – Arizona Department of Transportation Director – Director of the Arizona Department of Transportation Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to revisions in transportation law.

Provisions

Scenic & Historic Highways

1.       Transfers the authority to acquire and establish land, scenic easements and parkways and historic or scenic roads from the State Board of Transportation to the State Board on Geographic and Historic Names. (Sec. 41)

2.       Removes designating and establishing scenic or historic highways from the powers of the State Transportation Board. (Sec. 1)

3.       Defines historic road, parkway and scenic road. (Sec. 40)

4.       Requires the State Board on Geographic and Historic Names to notify ADOT and the State Transportation Board when a parkway, historic road or scenic road is given a historic designation. (Sec. 41)

5.       Modifies the definition of places of historical significance or historic place. (Sec. 40)

6.       Contains a delayed repeal date of July 1, 2019, relating to the establishment of parkways and historical and scenic roadways. (Sec. 39)

Driver's Licenses

7.       Excludes a class D, class G or class M license from the three-attempt limit to pass the written or road examination within one-year. (Sec. 20)

8.       Requires ADOT, upon timely request of a summary review, to stay an administrative order of driver's license suspension issued for select driving under the influence offenses, rather than granting a 20-day driving permit. (Sec. 8)

9.       Requires the permanent address for an applicant of an instruction permit or driver's license be in Arizona. (Sec. 20)

10.   Repeals ADOT's ability to renew a class D, class G, or class M license by mail. (Sec. 23)

11.   Removes the requirement that an application for a driver's license or instruction permit include whether the license was suspended or revoked. (Sec. 20)

Nonresident Daily Commuter

12.   Removes the requirement that a nonresident daily commuter apply, obtain and display an identification indicia. (Sec. 12-15)

13.   Requires a nonresident daily commuter to always carry the nonresident identification card and present the card to any law enforcement officer, on demand. (Sec. 12)

14.   Contains a conditional enactment clause. (Sec. 41)

Rulemaking

15.   Removes ADOT's rulemaking authority or necessary approval relating to:

a.       Approval of mechanical signal lamps for when a vehicle is stopping or turning; (Sec. 4)

b.       Approval of a uniform sign used by US postal vehicles; (Sec. 5)

c.        Approval of reflector units that are used while operating a motor truck, passenger bus, trailer, semitrailer or truck tractor; (Sec. 6-7)

d.       Administering alternative proportional registration agreements for fleets of commercial vehicles; (Sec. 11)

e.       Administering a credit or refund of taxes and fees relating to the transfer of license plates to another vehicle; (Sec. 16)

f.         Providing any tag, decal, plate in replace of a license plate indicating a moped has been properly registered; (Sec. 17)

g.       Criteria to issue a restricted driver license and vehicle registration; (Sec. 24)

h.       Standards for competent proof that a use fuel vendor's total use fuel has not been delivered; (Sec. 26)

i.         Evidence a supplier must provide to receive a tax credit for paid tax that is uncollectible from the purchaser; (Sec. 27)

j.         Performing inspections of fuel to determine coloration of diesel fuel or any shipping paper violations; (Sec. 28)

k.       Entering into a cooperative agreement with other jurisdictions to enforce the Intermodal Surface Transportation Efficiency Act of 1991; (Sec. 29)

l.         Releasing the levy on property if the release is to facilitate the collection of the liability; (Sec. 32)

m.     Conduct of Highway Division employees; (Sec. 33)

n.       Implementing the State Certified Rest Area Program; (Sec. 34)

o.       Implementing the Rest Area Sponsorship Program; and (Sec. 35)

p.       Administering regulations on aviation, aeronautics and aircraft regulation and taxation to promote public safety and the best interests of aviation in Arizona. (Sec. 38)

16.   Repeals the requirement that the Director adopt rules relating to the enforcement and administering of unladen vehicle test license plates. (Sec. 25)

Miscellaneous

17.   Removes the annual reporting requirement relating to HURF and county transportation excise tax monies spent for the design, right-of-way purchase and construction of controlled access highways. (Sec. 2)

18.   Allows the State Transportation Board submit grant anticipation notes to the Attorney General for review and certification. (Sec. 36)

19.   Allows ADOT submit public-private partnership agreements to the Attorney General for review and certification. (Sec. 37)

20.   Instructs the Attorney General to review grant anticipation notes and public-private partnership agreements to determine their validity and to certify that they are binding and legal obligations. (Sec. 36-37)

21.   Repeals statute relating to unblended gasoline shortages. (Sec. 3)

22.   Repeals ADOT's ability to enter into a Multistate Highway Transportation Agreement. (Sec. 9)

23.   Outlines the process for ADOT's refusal or revocation to issue a certificate of title or vehicle registration. (Sec. 10)

24.   Repeals the Medical Advisory Board within ADOT. (Sec. 18)

25.   Removes the additional penalty for unsatisfactorily reported or paid use fuel tax. (Sec. 30)

26.   Makes technical and conforming changes. (Sec. 1-2, 5, 6, 8, 10, 12-17, 20-22, 27)

Current Law

A.R.S. Title 41, Chapter 6 establishes the statutory requirement for an agency to conduct a rulemaking process.  Requirements for rulemaking cover the timetable for rulemaking, public participation and a final review by the Governor's Regulatory Review Council. 

A nonresident daily commuter is a person who resides in a contiguous state who enters and leaves Arizona on a daily basis for the purpose of employment (A.R.S. § 28-2291).  A nonresident daily commuter can apply to ADOT for an external vehicle identification indicia and an identification card (A.R.S. § 28-2293).

The Parks, Historic and Scenic Roads Advisory Committee has 11 members that consist of the Director, the Director of the State Parks Board, representatives from the Office of Tourism and the Historical Society, members appointed by the Tourism Advisory Council and the Governor (A.R.S. § 41-514).  The State Transportation Board has the authority to designate or establish a scenic or historic highway (A.R.S. § 28-305). 

 

 

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Fifty-third Legislature                  SB 1200

Second Regular Session                               Version 3: House Engrossed

 

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