Senate Engrossed

 

transportation; 2023-2024.

 

 

 

 

State of Arizona

Senate

Fifty-sixth Legislature

First Regular Session

2023

 

 

 

SENATE BILL 1535

 

 

An Act

 

amending title 28, chapter 2, article 3, Arizona Revised Statutes, by adding sections 28-377, 28-378 and 28-379; amending sections 28-6533 and 28-6538, Arizona Revised Statutes; relating to the department of transportation.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1. Title 28, chapter 2, article 3, Arizona Revised Statutes, is amended by adding sections 28-377, 28-378 and 28-379, to read:

START_STATUTE28-377. Report; motor vehicle division wait times; vehicle registration by mail turnaround times

On or before July 31 of each year, the department shall report to the joint legislative budget committee on the progress in improving motor vehicle division wait times and vehicle registration renewal by mail turnaround times. The report shall be in a format that is similar to reports the department submitted to the joint legislative budget committee before the effective date of this section. END_STATUTE

START_STATUTE28-378. Report; authorized third party electronic service partners; fee retention; information technology system; definition

A. On or before February 1 of each year, the department shall report to the joint legislative budget committee staff how the department spent the department's dedicated portion of an authorized third party electronic service partner's fee retention on an information technology system in the prior fiscal year. The report shall include the department's use of the information technology system to operate and conduct transactions with the public, including monies for stabilization, maintenance, ongoing operations, support and enhancements for the information technology system, maintenance of legacy mainframe processing and support capability and other system projects outside the scope of the information technology system.

B. For the PURPOSES of this section, "authorized third party electronic service partner" has the same meaning prescribed in section 28-5100. END_STATUTE

START_STATUTE28-379. Report; department's share of fees; authorized third party electronic service partners; projects; definition

A. On or before August 1 of each year, the department shall report to the director of the joint legislative budget committee the department's share of fees retained in the prior fiscal year by an authorized third party electronic service partner that has an authorized service website for the department. The report shall include the amount that the authorized third party electronic service partner spent on behalf of the department in the prior fiscal year and a list of the projects funded with the monies.

B. For the purposes of this section, "authorized third party electronic service partner" has the same meaning prescribed in section 28-5100.  END_STATUTE

Sec. 2. Section 28-6533, Arizona Revised Statutes, is amended to read:

START_STATUTE28-6533. Arizona highway user revenue fund; reports

A. The officer collecting all highway user revenues, as defined in section 28-6501 and in article IX, section 14, Constitution of Arizona, and all fees, penalties and fines collected under sections 28-1101, 28-1103, 28-1105 and 28-1521 shall transfer the revenues to the department.  After the deduction of all exemptions and refunds and after taking actions required under subsection C of this section, the department shall immediately deposit, pursuant to sections 35-146 and 35-147, the revenues in a fund designated as the Arizona highway user revenue fund.

B. The revenues in the Arizona highway user revenue fund shall only be spent for the purposes prescribed in article IX, section 14, Constitution of Arizona. Counties and incorporated cities and towns shall not spend highway user revenue fund monies distributed to them pursuant to this article for enforcement of traffic laws, or for administration of traffic safety programs or for projects that reduce the capacity for motor vehicle travel. If the auditor general reports to the state treasurer after conducting a performance audit pursuant to section 41-1279.03, subsection A, paragraph 7 that a jurisdiction has not used revenues as required by this subsection, the state treasurer shall withhold the noncomplying jurisdiction's revenues until the noncomplying jurisdiction presents evidence that is satisfactory to the auditor general and that shows that the jurisdiction has spent monies for purposes prescribed in this subsection from another general revenue source equal to the amount of the revenues diverted from the uses prescribed in this subsection.

C. If there is any default, the department shall deduct all amounts required by law or any resolution authorizing the issuance of bonds of the board to be placed in the principal funds, interest funds, reserve funds or sinking funds or any other funds established to service bonds issued or to be issued by the board before the revenues are deposited in the Arizona highway user revenue fund.

D. A county receiving monies pursuant to section 28-6538 shall publish an annual financial report for the prior fiscal year of funds received from motor vehicle fuel and use fuel taxes.  The financial report shall contain budgeted and actual expenditures for the preceding fiscal year and shall be prepared and distributed by December 31 by the county.END_STATUTE

Sec. 3. Section 28-6538, Arizona Revised Statutes, is amended to read:

START_STATUTE28-6538. Arizona highway user revenue fund distribution; remaining monies; highway fund distribution; contract authorization; regional transportation plan requirements

A. Each fiscal year the department shall allocate and the state treasurer shall distribute revenues of the Arizona highway user revenue fund remaining after the distribution provided in sections 28-6534 and 28-6537 as follows:

1. To the state highway fund, fifty and one-half per cent percent.

2. To the counties, nineteen per cent percent.

3. To the incorporated cities and towns, twenty-seven and one-half per cent percent.

4. To incorporated cities with a population of three hundred thousand or more persons, three per cent percent.

B. At least twelve and six-tenths per cent percent of the revenues allocated each year to the state highway fund pursuant to subsection A of this section shall be further distributed in the following proportions and for the following purposes:

1. Seventy-five per cent percent of the revenues shall be spent, pledged or accumulated in counties with a population of one million five hundred thousand or more persons for the design, right-of-way purchase or construction of controlled access highways that are included in the regional transportation plan of the county and that are accepted into the state highway system either as a state route or as a state highway.

2. Twenty-five per cent percent of the revenues shall be spent, pledged or accumulated in counties with a population of more than eight hundred thousand but less than one million five hundred thousand persons for:

(a) The design, right-of-way purchase or construction of controlled access highways that are included in the regional transportation plan of the county and that are accepted into the state highway system either as a state route or as a state highway or related grade separations of controlled access highways that are included in the regional transportation plan of the county.

(b) Notwithstanding sections 28-6993 and 28-6995, the design, right-of-way purchase, construction, standard and reduced clearance grade separation, extension and widening of arterial streets and highways that are included in the regional transportation plan of the county.

C. Of the monies allocated to the state highway fund pursuant to subsection A of this section:  

1. Not more than five million dollars $5,000,000 annually shall be spent for the acquisition, construction or improvement of entry roads to state parks or roads in state parks.

2. None of the monies may be spent on projects that reduce the capacity for motor vehicle travel.

D. Expenditures for state matching monies for the federal interstate system shall be in addition to the amount provided in subsection B of this section.

E. The department may contract with a county, city or town to allow the county, city or town to construct the streets or highways prescribed in subsection B of this section.

F. A county described in subsection B of this section and the cities and towns in the county, through their regional planning agency, shall list transportation corridors by priority in the regional transportation plan.  The regional transportation plan may also provide a suggested construction schedule for the transportation corridors contained in the plan. END_STATUTE