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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
ADOT; administration; licensing; planning
Purpose
Prohibits, and establishes procedures for, commercial driver license (CDL) drivers who are prohibited from operation for violating federal Drug and Alcohol Clearinghouse prohibitions and revises transportation statutes relating to the Five-Year Transportation Facilities Construction Program, driver license validity, use fuel tax refunds, hours of operation and reporting requirements, as prescribed.
Background
Established in 1973 to provide an integrated and balanced state transportation system, the Arizona Department of Transportation (ADOT) is granted the exclusive control and jurisdiction over state highways and routes, state-owned airports and all state-owned transportation systems and must register motor vehicles and aircrafts, license drivers, collect revenues, enforce motor vehicle and aviation statutes and perform related transportation planning functions. To carry out these responsibilities, ADOT is organized into six divisions: 1) motor vehicle; 2) transportation planning; 3) highways; 4) aeronautics; 5) public transit; and 6) administrative services. ADOT also works cooperatively with regional transportation planning organizations, as well as county and local authorities, on transportation-related projects and development (A.R.S. §§ 28-331 and 28-332).
The Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse is an online database that provides real-time access to information about CDL driver drug and alcohol program violations (FMCSA).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Federal Clearinghouse Compliance for CDL Drivers
1. Requires ADOT to search the FMCSA Drug and Alcohol Clearinghouse before issuing, upgrading, renewing or transferring a CDL or issuing, upgrading or renewing a commercial learner's permit.
2. Directs ADOT, on notice from the FMCSA Drug and Alcohol Clearinghouse that a driver is prohibited from operating a commercial motor vehicle due to a violation of the federal controlled substances and alcohol use and testing prohibitions, to:
a) deny issuing, upgrading, renewing or transferring a CDL or issuing, upgrading or renewing a commercial learner's permit; and
b) initiate downgrade procedures for CDL and commercial learner's permit holders by removing the commercial privilege from the CDL or permit.
3. Specifies that the downgrade is effective within 60 days after ADOT receives notification of the driver's prohibited status.
4. Requires ADOT, on notice from the FMCSA Drug and Alcohol Clearinghouse that a driver is no longer prohibited from operating a commercial motor vehicle, to allow issuing, upgrading, renewing or transferring a CDL or issuing, upgrading or renewing a commercial learner's permit.
5. Directs ADOT, on notice from the FMCSA Drug and Alcohol Clearinghouse that a driver was erroneously placed in a prohibited status, to:
a) expunge the driver record of any reference to and actions taken on the record as a result of the erroneous notification; and
b) allow for the reinstatement of the commercial privilege for a CDL or commercial learner's permit.
Five-Year Transportation Facilities Construction Program (Program)
6. Requires the State Transportation Board (Board), on or before April 1 of each year, rather than the second Monday in April of each year, to:
a) review the updated Program; and
b) publish a notice in each county in which construction projects are planned under the Program for the following five fiscal years.
7. Requires the notice to specify the date of the public hearing at which the Board will consider the projects planned under the Program, rather than a date that is on or before the third Monday in May for a public hearing at the office of the Board.
8. Requires the public hearing to allow the public to review the Program and make any comments to the Board related to the projects planned.
Transportation Revisions
9. Caps, at five years, the period of validity for a driver license that is initially issued to an applicant who is 60 years old or older.
10. Allows the Director of ADOT to establish hours of operation for Motor Vehicle Division offices on a legal holiday.
11. Modifies, for cases involving traffic offenses or civil violations committed by persons under 18 years old, the requirement to report the offense or violation to ADOT no more than 30 days after the date of conviction or finding of responsibility, rather than the date on which the offense or violation was committed.
12. Prohibits ADOT from taking administrative action against a person's driving privileges or vehicle registration if a judicial officer reports a conviction or finding of responsibility to ADOT more than five years after the date of conviction or finding of responsibility.
13. Removes the Arizona State Schools for the Deaf and the Blind from the state agencies that are excluded from state motor vehicle fleet participation.
14. Removes requiring a vendor to file an application no more than once each week for a use fuel tax refund if the amount of the refund is at least $750.
15. Removes a requirement that a registering officer must provide a taxpayer with the amount of vehicle license tax the taxpayer would pay if the taxpayer's vehicle was powered by alternative fuel on the taxpayer's bill.
Miscellaneous
16. Reconciles the minimum safety standards for light rail transit systems and streetcar systems in a county with a population of more than 500,000 persons with the minimum safety standards maintained by the Federal Transit Administration.
17. Defines declared gross weight.
18. Makes technical and conforming changes.
19. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Reinstates the requirements that program projects are listed by priority, rather than route.
2. Reinstates mandatory hearings on the revocation of interstate user licenses for a violation of statutory interstate user fuel tax responsibilities.
3. Makes conforming changes.
House Action Senate Action
TI 1/24/24 DPA 11-0-0-0 TTMC 3/18/24 DPA 6-0-1
3rd Read 2/5/24 57-0-0-0-3
Prepared by Senate Research
March 19, 2024
KJA/slp