|
REFERENCE TITLE: roadside memorials; state highways |
|
State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
|
|
HB 2671 |
|
|
|
Introduced by Representatives Heinz: Cajero Bedford, Garcia M, Tovar, Weiers JP
|
AN ACT
amending section 28‑6991, Arizona Revised Statutes; amending title 28, chapter 20, Arizona Revised Statutes, by adding article 14; relating to roadside memorials.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-6991, Arizona Revised Statutes, is amended to read:
28-6991. State highway fund; sources
A state highway fund is established that consists of:
1. Monies distributed from the Arizona highway user revenue fund pursuant to chapter 18 of this title.
2. Monies appropriated by the legislature.
3. Monies received from donations for the construction, improvement or maintenance of state highways or bridges. These monies shall be credited to a special account and shall be spent only for the purpose indicated by the donor.
4. Monies received from counties under cooperative agreements, including proceeds from bond issues. The state treasurer shall deposit these monies to the credit of the fund in a special account on delivery to the treasurer of a concise written agreement between the department and the county stating the purposes for which the monies are surrendered by the county, and these monies shall be spent only as stated in the agreement.
5. Monies received from the United States under an act of Congress to provide aid for the construction of rural post roads, but monies received on projects for which the monies necessary to be provided by this state are wholly derived from sources mentioned in paragraphs 2 and 3 of this section shall be allotted by the department and deposited by the state treasurer in the special account within the fund established for each project. On completion of the project, on the satisfaction and discharge in full of all obligations of any kind created and on request of the department, the treasurer shall transfer the unexpended balance in the special account for the project into the state highway fund, and the unexpended balance and any further federal aid thereafter received on account of the project may be spent under the general provisions of this title.
6. Monies in the custody of an officer or agent of this state from any source that is to be used for the construction, improvement or maintenance of state highways or bridges.
7. Monies deposited in the state general fund and arising from the disposal of state personal property belonging to the department.
8. Receipts from the sale or disposal of any or all other property held by the department and purchased with state highway monies.
9. Monies generated pursuant to section 28‑410.
10. Monies distributed pursuant to section 28‑5808, subsection B, paragraph 2, subdivision (d).
11. Monies deposited pursuant to sections 28‑1143, 28‑2353 and 28‑3003.
12. Except as provided in section 28‑5101, the following monies:
(a) Monies deposited pursuant to section 28‑2206 and section 28‑5808, subsection B, paragraph 2, subdivision (e).
(b) One dollar of each registration fee and one dollar of each title fee collected pursuant to section 28‑2003.
(c) Two dollars of each late registration penalty collected by the director pursuant to section 28‑2162.
(d) The air quality compliance fee collected pursuant to section 49‑542.
(e) The special plate administration fees collected pursuant to sections 28‑2404, 28‑2412 through 28‑2416, 28‑2416.01, 28‑2417 through 28‑2434 and 28‑2514.
(f) Monies collected pursuant to sections 28‑372, 28‑2155 and 28‑2156 if the director is the registering officer.
13. Monies deposited pursuant to chapter 5, article 5 of this title.
14. Donations received pursuant to section 28‑2269.
15. Dealer and registration monies collected pursuant to section 28‑4304.
16. Abandoned vehicle administration monies deposited pursuant to section 28‑4804.
17. Monies deposited pursuant to section 28‑710, subsection D, paragraph 2.
18. Monies deposited pursuant to section 28-2065.
19. Donations deposited pursuant to section 28-2430.
20. Monies deposited pursuant to section 28-7311.
21. Monies deposited pursuant to section 28-7059.
22. Monies deposited pursuant to section 28‑7382.
Sec. 2. Title 28, chapter 20, Arizona Revised Statutes, is amended by adding article 14, to read:
ARTICLE 14. ROADSIDE MEMORIALS
28-7381. Definitions
In this article, unless the context otherwise requires:
1. "Erect" means to construct or allow to be constructed.
2. "Maintain" means to preserve, keep in repair or replace.
3. "State memorial" means a sign on a state highway to commemorate one or more people who died on that state highway.
28-7382. State memorials; application; fees; location
A. The department shall erect and maintain a state memorial in accordance with this section. The department is exclusively responsible for the type, location and design of the state memorial.
B. An application for a state memorial shall be made on a form provided by the department, shall be signed by the applicant or the applicant's duly authorized officer or agent and shall include all of the following:
1. The name and address of the applicant.
2. The name of the individual memorialized and the highway where the individual died.
3. A fee to be determined by the department. The department shall deposit, pursuant to sections 35-146 and 35-147, all fees in the state highway fund established by section 28-6991.
C. The department shall deny an application for a state memorial if the proposed location of the memorial would result in a potential safety hazard or maintenance impediment. The department may suggest that the applicant consider an alternative design or placement.
D. The department may deny an application or revoke the approval of an application for false or misleading information given in the application for a state memorial prescribed by subsection B of this section.
E. A state memorial shall be located within the highway easement as far from the roadway as is practicable or reasonably necessary to preserve public safety and facilitate highway maintenance, given the proposed location. A state memorial shall contain the name of the individual memorialized and shall be erected and maintained for at least two years. More than one individual may be memorialized on one state memorial. If the individual memorialized was a law enforcement officer or emergency services personnel at the time of the individual's death, an insignia may be placed on the memorial indicating the individual's involvement in law enforcement or emergency services.
F. Only state memorials that comply with this article are allowed on a state highway to commemorate an individual who died on that highway.
G. A state memorial may be erected and maintained if the individual who is being commemorated died before or after the effective date of this article.
H. The applicant shall pay for the cost of the state memorial. When the state memorial is removed it shall be given to the applicant.
28-7383. Federal law conflict
If any provision of this article conflicts with federal law, the department shall not erect or maintain state memorials pursuant to this article.