Assigned to TRANSIT FOR
COMMITTEE
Assigned to TRANSIT FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
Purpose
Makes various changes to administration, authority, procedures and requirements relating to transportation.
Background
The Arizona Department of Transportation (ADOT) is statutorily charged with providing an integrated and balanced state transportation system and is granted exclusive control and jurisdiction over state highways and routes, state-owned airports and all state-owned transportation systems (A.R.S. § 28-331).
Statute establishes the statutory requirements for an agency to promulgate rules through the formal rulemaking process and outlines requirements related to the rulemaking process, including the time and manner of rulemaking, opportunities for public participation and final review by the Governor’s Regulatory Review Council. Rules serve as the agency's statement of general applicability that implements, interprets or prescribes law or policy; or describes the agency's required procedure or practice, including prescribed fees (A.R.S. Title 41, Chapter 6).
Scenic and Historic Roads
The State Transportation Board is granted the power to designate scenic and historic roads upon recommendations made by the 11-member Parks, Historic and Scenic Roads Advisory Committee (PHSRAC) consisting of the Director of the State Parks Board, the Director of ADOT, representatives from the Office of Tourism and the Historical Society, and members appointed by the Tourism Advisory Council and the Governor (A.R.S. Title 41, Chapter 3, Article 1.3).
The Arizona State Board on Geographic and Historic Names (ASBGHN) consists of 9 members representing various agencies and the public. Upon evaluating proposals, the ASBGHN designates names for geographic features and places of historical significance in Arizona (A.R.S. Title 41, Chapter 4.1, Article 3).
Nonresident Daily Commuters
A nonresident daily commuter is a resident of a neighboring state who enters and leaves Arizona daily for employment purposes (A.R.S. § 28-2291). Current statute requires a nonresident daily commuter to display prescribed indicia on the nonresident vehicle and to carry an issued nonresident daily commuter identification card (A.R.S. Title 28, Chapter 7, Article 9).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Scenic and Historic Roads
1. Transfers the authority to acquire and establish land, scenic easements and parkways, and historic or scenic roads from the State Board of Transportation and the Director of ADOT, under supervision of the PHSRAC, to the ASBGHN.
Driver Licenses
2. Requires ADOT to stay an administrative order of driver license suspension issued for certain driving under the influence offenses until a decision is issued, rather than grant a 20-day driving permit, upon timely request of a summary review of the order.
3. Removes the three-attempt limit to pass a written examination or road test within one year for a class D, class G or class M license.
4. Repeals the Medical Advisory Board appointed by the Director of ADOT to advise on medical criteria and vision standards for licensing drivers.
5. Requires the provided permanent address for an instruction permit or driver license application to be located in Arizona.
6. Removes the requirement that a driver license application include previous suspension, revocation or refusal dates and reasons.
7. Repeals ADOT's authority to renew by mail a class D, class G or class M driver license.
Nonresident Daily Commuters
8. Removes the requirement that a nonresident daily commuter obtain and display external vehicle identification indicia and requires the nonresident daily commuter to agree on the application to always carry the nonresident identification card in the person's vehicle and present the identification card to a peace officer on demand.
Unblended Gasoline Shortage
9. Repeals the process for a gubernatorial declaration of a shortage of unblended gasoline in a vehicle emissions control area and the requirements for subsequent unblended gasoline set‑aside program during a declared shortage.
Interstate User Fuel Tax Assessment Penalty
10. Removes the additional penalty on unpaid interstate use fuel tax added to an assessment made by the Director of ADOT for unsatisfactorily reported or paid use fuel tax.
Multistate Transportation Agreement
11. Repeals ADOT's authority to enter into a Multistate Transportation Agreement.
Statewide Transportation Acceleration Needs (STAN) Account
12. Removes the requirement that excess monies in the STAN Account be used to supplement, rather than supplant, available project funding.
Rulemaking
13. Removes the following rulemaking authority currently granted to and required of ADOT to:
a) approve mechanical signal lamps used to signal that a vehicle is stopping or turning;
b) approve uniform signage for United States mail delivery vehicles;
c) approve portable reflector units used by motor trucks, passenger buses and truck tractors during dark hours in unincorporated areas;
d) administer and enforce alternative proportional registration agreements for commercial fleet vehicles engaged in interstate commerce;
e) administer a credit or refund of unexpired taxes and fees, and the reassignment of license plates to another vehicle, when a vehicle owner transfers a vehicle to another person;
f) provide for an identification device in lieu of a license plate to indicate a properly registered moped;
g) provide criteria to issue a restricted driver license and vehicle registration;
h) enforce and administer unladen vehicle test license plates for operating a vehicle owned by a vehicle manufacturer and exempt from registration on a public highway;
i) establish standards for competent proof that a use fuel vendor's total use fuel has not been delivered;
j) establish the standards for evidence a supplier is required to submit to receive a tax credit for paid tax that is uncollectible from the purchaser;
k) implement cooperative agreements with other jurisdictions to administer motor fuel taxes in compliance with the Intermodal Surface Transportation Efficiency Act of 1991;
l) levy release of property if the release is determined to facilitate the collection of the liability;
m) adopt standards of conduct for Highway Division employees;
n) implement and operate the State Certified Rest Area Program for certified, privately-owned facilities providing fuel, food, restrooms and parking off a public highway outside urbanized areas;
o) implement and operate the Rest Area Sponsorship Program to install, maintain and replace sponsorship signs at rest areas along public highways; and
p) administer regulations relating to aviation, aeronautics, aircraft operation, aircraft regulation and taxation, and aircraft dealers to promote public safety and the best interests of aviation in Arizona.
14. Removes the State Transportation Board's authority to adopt rules relating to the designation and establishment of scenic or historic highways.
15. Removes permission for an inspector to detain a fuel transporter for the purpose of determining compliance with motor fuel tax rules.
Reporting
16. Removes the annual reporting requirement for Highway User Revenue Fund and county transportation excise tax monies spent for the design, right-of-way purchase and construction of controlled access highways.
Miscellaneous
17. Clarifies the process for ADOT's revocation or refusal to issue a certificate of title or vehicle registration.
18. Defines terms.
19. Makes technical and conforming changes.
20. Becomes effective on the general effective date.
Prepared by Senate Research
January 19, 2018
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