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Senate Engrossed
continuation; department of transportation (now: transportation department; continuation; prohibitions) |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SENATE BILL 1184 |
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An Act
amending title 28, chapter 2, article 2, Arizona Revised Statutes, by adding section 28-340; repealing section 41-3024.25, Arizona Revised Statutes; amending title 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41-3029.13; 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 2, Arizona Revised Statutes, is amended by adding section 28-340, to read:
28-340. Department prohibitions; public monies or resources
Notwithstanding any other law, the department may not spend public monies or use public resources:
1. To build or maintain FACILITIES that charge motor vehicles except that the department may fund the installation of charging equipment on government-owned property for the charging of government-owned motor vehicles.
2. On anything that is prohibited by section 41-1494. If the department violates this section, the department shall pay to the aggrieved employee an amount equal to the public monies that were spent or the value of public resources that were used.
3. To develop a carbon reduction plan or a plan or strategy to reduce greenhouse gas emissions, except that the department may develop a plan if necessary to accept federal monies. If the department develops a plan to accept federal monies, the department may not implement any strategies identified in the plan without express legislative authorization.
Sec. 2. Repeal
Section 41-3024.25, Arizona Revised Statutes, is repealed.
Sec. 3. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3029.13, to read:
41-3029.13. Department of transportation; termination; report
A. The department of transportation's termination date is contingent on its implementation of the recommendations directed to it by the auditor general in the department of transportation's performance audit report issued in August 2023 and sunset review report issued in September 2023 as part of the department of transportation's sunset review.
B. The department of transportation terminates on:
1. July 1, 2029 if the department of transportation has implemented less than eighty percent of the auditor general's recommendations directed to the department of transportation.
2. JULY 1, 2030 IF THE DEPARTMENT HAS IMPLEMENTED AT LEAST EIGHTY PERCENT BUT LESS THAN NINETY PERCENT OF THE AUDITOR GENERAL'S RECOMMENDATIONS DIRECTED TO THE DEPARTMENT OF TRANSPORTATION.
3. July 1, 2031 if the department has implemented at least ninety percent but less than one hundred percent of the auditor general's recommendations directed to the department of transportation.
4. JULY 1, 2032 IF THE DEPARTMENT OF TRANSPORTATION HAS IMPLEMENTED ONE HUNDRED PERCENT OF THE AUDITOR GENERAL'S RECOMMENDATIONS DIRECTED TO THE DEPARTMENT OF TRANSPORTATION.
C. The auditor general shall write a follow-up report eighteen months after the sunset review report described in subsection A of this section. The follow-up report shall state the percentage of auditor general recommendations in the reports described in subsection A of this section implemented by the department of transportation. The termination dates prescribed in subsection B of this section shall be based on the information in the auditor general's follow-up report. The auditor general shall provide the follow-up report to the president of the senate, the speaker of the house of representatives and the governor describing the percentage of recommendations implemented by the department of transportation.
D. A dispute regarding the auditor general's determination of the percentage of implemented recommendations may only be overcome by clear and convincing evidence.
E. Title 28 and this section are repealed on January 1 of the year immediately following the department of transportation's termination date pursuant to subsection B of this section.
Sec. 4. Purpose
Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the department of transportation to:
1. Design, construct and maintain the state highway system and state routes for the entire state.
2. Provide for orderly registration and titling of vehicles and licensure of motor vehicle drivers.
3. Assist and promote the aviation industry in this state.
4. Provide for orderly registration and licensure of general aviation aircraft.
Sec. 5. Retroactivity
Sections 2 and 3 of this act apply retroactively to from and after July 1, 2024.