House of Representatives

SB 1320

ADOT omnibus

NOW: transportation omnibus

Sponsor: Senator Nelson

 

DPA

 S/E

Committee on Transportation & Infrastructure

DPA

Caucus and COW

X

As Transmitted to Governor

 

 

SB 1320 makes various changes to statutes regulating the Arizona Department of Transportation (ADOT) along with numerous changes to transportation and transportation related statutes.

 

History

Laws 1973, Chapter 146, Section 9 established ADOT for the purpose of providing an integrated and balanced state transportation system. Arizona Revised Statutes (A.R.S.) § 28-332 grants ADOT exclusive control and jurisdiction over state highways, state routes, state-owned airports, and all state-owned transportation systems.

 

In order to carry out its purpose as a state agency, ADOT is organized in the following six divisions: Motor Vehicle, Transportation Planning, Highways, Aeronautics, Public Transit, and Administrative Services.  Within the different divisions, ADOT is charged with registering motor vehicles and aircraft, licensing drivers, collecting revenues, enforcing motor vehicle and aviation statutes, and performing other related functions. Additionally, ADOT is responsible for designing and constructing facilities in accordance with a priority plan, investigating new transportation systems, and cooperating with and advising local governments concerning the development and operation of public transit systems.

 

Provisions

High Occupancy Vehicle (HOV) Lane

·          Requires ADOT to develop procedures in accordance with federal law to monitor the impact that single occupancy vehicles have on the operation of the HOV lanes.

·          Stipulates that if an HOV lane becomes degraded due to the authorization of single occupancy vehicles, use of the lane while it remains degraded is restricted to vehicles in the following priority:

1.      Passenger vehicles with two or more occupants, including the driver.

2.      Public transit buses.

3.      Buses with two or more occupants, including the driver.

4.      Motorcycles.

5.      Alternative fuel vehicles.

6.      Low emission and energy efficient vehicles (LEEVs).

·          Removes the ability for a person to drive a hybrid vehicle with alternative fuel vehicle special plates, or an alternative fuel vehicle sticker, and a hybrid vehicle sticker in HOV lanes at any time, regardless of occupancy level, without penalty.

·          Stipulates that a person, who owns a motor vehicle that has been converted or manufactured to use an alternative fuel, and that is incapable of operating on any other type of fuel, must apply for alternative fuel vehicle special plates.

·          Removes the ability for a person who owns a hybrid vehicle to apply for alternative fuel vehicle special plates.

·          Creates the LEEV special plate, if approved by the federal government, to be designed by the Director of ADOT (Director) and administered in a manner similar to the alternative fuel vehicle special plate and allows a person who owns an LEEV to apply for the LEEV special plate.

·          Permits persons that operate LEEVs and have the LEEV special plate, upon approval of the federal government, that achieve not less than 50% increase in city fuel economy or not less than 25% increase in combined city-highway fuel economy in accordance with federal law to drive in HOV lanes at any time, regardless of occupancy level, without penalty.  A violation is subject to a civil penalty of $350 to be deposited in the State General Fund.

·          Requires ADOT to limit or suspend the issuance of alternative fuel vehicle and LEEV special plates and remove the privilege of operating in the HOV lane with a single occupant, including the driver, to comply with requirements related to degraded HOV lanes.

Dishonored Electronic Payments

·          Allows the Director to assess a fee for each electronic payment that has been dishonored because of insufficient monies, payments stopped or closed accounts and requires that the fee be determined by the Director.

·          Mandates that the Director deposit the fees collected for dishonored electronic payments into the State Highway Fund (SHF).

Motor Vehicle Head and Tail Lamps

·          Decreases the minimum height requirement for head lamps on motor vehicles from 24 to 22 inches from the ground.

·          Increases the maximum height requirement for tail lamps on motor vehicles from 60 to 72 inches from the ground.

Defensive Driving School

·          Allows a court to require a driver of a commercial motor vehicle that requires a commercial driver license (CDL) to attend defensive driving school as part of a sentence for a moving violation, but stipulates the driver is not eligible for the defensive driving diversion program.

Manufacturer License Plate (MLP)

·          Allows the Director to provide for staggered continuation dates for the right to use an MLP in order to distribute the continuation workload as uniformly as practicable throughout the calendar year.

·          Permits the Director to stagger the process for an MLP renewal up to 12 months, but no longer than 18.

·          Allows the Director to prorate the fees for an MLP.

·          Changes the due date to file a renewal application and pay the required fee for an MLP from December 1 of each year to the continuation date.

Out-of-Service Commercial Driver Violations

·          Extends the period a commercial driver is prohibited from driving from 90 to 180 days if the person is found responsible for a first violation of an out-of-service order.

·          Raises the court’s requirement to impose a civil penalty from at least $1,100 to $2,500 for a driver who violates or fails to comply with an out-of-service order for an initial violation or failure and removes the maximum initial violation fee.

·          Increases the period a commercial driver is prohibited from driving from one year to two years if the person is found responsible for a second violation of any out-of-service order during any 10 year period arising from separate incidents.

·          Requires the court to impose a civil penalty of $5,000 for a subsequent violation or failure to comply with an out-of-service order.

·          Increases the maximum civil penalty from $11,000 to $25,000 for a motor carrier who violates an out-of-service order or who requires or permits a driver to violate or fail to comply with an out-of-service order.

Bond Requirement

·          States that the Director may require an interstate user or applicant to post a surety or cash bond if one or more of the following apply:

·       The interstate user fails to file tax reports timely or to remit taxes timely.

·       The Director determines the interests of this state or member jurisdictions are in  jeopardy.

·       The applicant is not based in a jurisdiction that is a member of the international fuel tax agreement.

·       The applicant is not in good standing in a member jurisdiction as a result of a previous license.

·       The applicant does not have history as a motor carrier in Arizona or any other member jurisdiction.

·          Subjects a cash bond to the same statutory requirements as a surety bond.

·          Specifies that, if required, the cash or surety bond must be in an amount prescribed by the Director, but not exceeding $100,000.

Rest Areas

·          Allows ADOT, on or after September 26, 2008, to privatize any rest area to:

·    Establish a State Certified Rest Area Program (SCRAP) that meets the Federal Highway Administration’s requirements.

·    Contract with a third party or other government entity to certify and recertify rest areas for SCRAP.

·          Allows ADOT to establish a Rest Area Sponsorship Program (RASP).

·          Permits ADOT to contract with a third party to install, maintain and replace rest area sponsorship signs at rest areas located in the public right-of-way of the interstate or state highway system.

·          Clarifies that costs incurred under RASP must be paid under agreements negotiated between the third party and the business or organizational sponsors.

·          Allows ADOT to enter into a revenue sharing agreement with the third party and requires ADOT to deposit all monies received from the revenue sharing agreement in a subaccount of the State Highway Fund for the purpose of rest area maintenance, operations and repairs.

·          Terminates SCRAP and RASP on July 1, 2019.

License Plate Display; Penalty

·          Specifies the requirements for correctly displaying and maintaining license plates.

·          Modifies the penalty for obscuring this state’s name to a secondary civil violation and establishes a civil penalty of $30 for this violation.

·          Creates a penalty of $100 if a second violation takes place within twelve months of the first violation.

State Aviation Fund; Grants

·          Changes the formula for determining the amount available for grants in the State Aviation Fund by specifying that the total amount of grant monies available in any fiscal year shall be based on the average annual revenue received for the past three years.

Special License Plates

·          Establishes the Arizona Professional Football Club (APFC) special plate if $32,000 is donated by a charitable organization affiliated with an Arizona professional football club by December 31, 2009.

·          Establishes the Emergency Medical Services (EMS) special license plate if a charitable organization pays $32,000 to ADOT by December 31, 2014.

·          Requires the entities providing the $32,000 for the APFC and EMS plates to design their respective special plates, subject to approval by ADOT.

·          Allows APFC or EMS special license plates to be combined with personalized special license plates at the discretion of the ADOT Director. The registrant is required to pay both the personalized special fee as well as the APFC or EMS special plate fee.

·          Establishes a $25.00 fee for the original APFC or EMS special license plate and for renewal of the special plate.

·          Designates $8.00 of the fee for the APFC special license plate to be deposited into the SHF and $17 of the fee as an annual donation to the APFC Special Plate Fund (APFC Fund), to be administered by the Director.

·          Stipulates that not more than ten percent of monies deposited in the APFC Fund be used for administration, that monies be continuously appropriated, and that all monies deposited in the APFC must be forwarded to the charitable organization associated with the APFC on an annual basis.

·          Requires the State Treasurer to invest and divest monies in the APFC Fund at the direction of the Director.

·          Requires the entity providing the $32,000 to design the special plate.

·          Stipulates that the design and color of the special plate is subject to ADOT approval.

·          Designates that $8.00 of the fee for the EMS special license place be deposited into the SHF and $17 of the fee as an annual donation to the charitable organization that designed the place to use for public purposes related to emergency medical services.

·          Redirects monies from the Gold Star Family special license plate subaccount in the Veteran’s Donation Fund for the construction and maintenance of the Enduring Freedom Memorial.

Trailer Registration; Vehicle License Tax (VLT)

·          Eliminates the commercial registration fee for a trailer or semitrailer, if the applicant affirms that the trailer is not used for commercial enterprise.

·          Allows non-commercial trailers between six and ten thousand pounds gross vehicle weight (GVW) to pay a one-time registration fee for permanent registration and a one-time VLT.

·          Specifies that a trailer weighing less than 10,000 GVW is not eligible for the $8 GVW fee.

Reckless Driving; Prior Convictions

·          Clarifies that the dates of the commission of multiple offenses of reckless driving, irrespective of when the offenses were committed, must be the determining factor when considering if they were committed within a 24 month period for the purposes of sentencing.

ADOT; Rules; Compact Repeals

·          Allows, rather than requires, the Transportation Board to prescribe rules for the effective administration of its powers, duties and responsibilities.

·          Removes the requirement for the Director to adopt rules for the application and expenditure of all public transit monies.

·          Repeals section 28-952.01 requiring ADOT to adopt rules regarding brake fluid standards.

·          Repeals Title 28, Chapter 6, Article 1 relating to the vehicle equipment safety compact.

·          Repeals A.R.S. § 28-6994 that requires the Director of ADOT to adopt rules for the expenditure of monies in the SHF.

·          Removes the requirement for the Director to adopt rules for closing state highways under repair or construction.

State Photo Enforcement; Penalties

·          Requires a court to transmit abstracts of records of photo radar civil traffic violations to ADOT for commercial driver license holders only.

·          Exempts a vehicle in use by a first responder in the line of duty from any enforcement action or measure resulting from photo enforcement.  A first responder is an emergency service person who responds to emergencies or large-scale disasters.

 

Implements of Husbandry

·          Changes the definition of implement of husbandry to include that “incidentally operated or moving on a highway” means travel between a farm and another part of the same farm; from one farm to another farm; or a farm and a place of repair, supply or storage and defines farm.

·          Allows drivers of implements of husbandry to driver slower than is reasonable if the speed exceeds the maximum safe operating speed of the vehicle; and allows the driver to drive slower than the reasonable flow of traffic if the speed exceeds the maximum safe operating speed.

·          Exempts implements of husbandry from immobilization and impoundment if driven by a non licensed driver.

 

Joint Legislative Review Committee on Transportation Between Sonora, Mexico and Arizona

 

·          Establishes and outlines the Committee membership.

·           Requires the Committee to:

·          Coordinate efforts of the Committee as reasonably practicable with a like committee established by Sonora, Mexico.

·          Study issues and problems concerning transportation between Sonora, Mexico and Arizona, including the following:

·          The need to change and improve border crossing procedures and facilities.

·          The advantages and disadvantages of issuing temporary travel permits to Mexican commercial vehicles entering Arizona.

·          The potential hazards of transporting hazardous materials.

·          The current and anticipated changes in the type and volume of traffic on highways that carry commercial vehicles to the Arizona – Mexico border.

·          The environmental problems caused by the type and volume of traffic on highways that carry commercial vehicles to the Arizona – Mexico border.

·          Potential financing of any highway construction or planning.

·          The impact of foreign commercial vehicles on the transportation infrastructure on this State.

·          The balance between revenues collected at ports of entry on the border between Sonora, Mexico and this State and the costs associated with maintaining the infrastructure within 25 miles of the border.

·          Annually make recommendations to the Legislature regarding appropriations made pursuant to A.R.S. § 28-6547 related to the Safety Enforcement and Transportation Infrastructure Fund.

·          Make recommendations to the Legislature that will help lessen current environmental, transportation infrastructure and safety problems caused by the additional traffic along with recommendations from businesses on both sides of the border that will improve road, air and rail transportation.

·          Submit a report with its recommendations on or before December 1 of each calendar year to the Legislature, the Governor, the Chairman of the State Transportation Board and the committee established in Sonora, Mexico.  

Arizona International Development Authority

·          Repeals the existing AIDA Article in the ADOC chapter of Title 41 and amends Title 41 by adding a new chapter on AIDA.

·          Makes changes to some definitions of terms in the section.

·          Relieves ADOC of responsibility for supporting AIDA.

·          Requires ADOT to provide staff support to AIDA to include general administrative, office, equipment and staff support, using earnings from the Fund.

·          Directs the Governor to appoint to the AIDA Board a member of a qualifying border regional port authority Board of Directors, if one exists in one of the eligible border counties.

·          Stipulates that the term for four board members will expire in January of 2015.

·          Stipulates that the term for three board members will expire in January of 2013.

·          Eliminates the Director of Environmental Quality as an advisory member of the board. 

·          Removes the requirement that AIDA advertises a projected project and submits it to a governing body for approval.

·          Clarifies what comprises the Fund.

·          Authorizes AIDA to establish any necessary accounts and subaccounts for received monies and to use monies in the accounts for:

·          costs to administer the Fund and carry out the requirements of the new chapter;

·          compensation and employment-related expenses for staff and professional experts;

·          providing grants or loans for international and infrastructure projects.

·          Expands the Fund to be able to accept and use federal and state funds, interest and other income received from investing monies in the Fund, gifts, grants and donations received from any public or private source and any other monies received by the authority.

·          Terminates AIDA on July 1, 2019 and repeals the AIDA statutes on January 1, 2020.

 

Escort Vehicles

·          Requires escort vehicle operators to receive training and certification before being employed into service.  Escort vehicles are vehicles that are required, pursuant to rules adopted by ADOT, to escort motor vehicles or combinations of vehicles that require issuance of a permit to operate on highways.

·          Requires escort vehicle operators to have a minimum of four hours of training in certified traffic control techniques.

·          Stipulates that certification from another state is permitted, if that other state recognizes Arizona’s training and certification.

School Crossings; Signs

·          Requires the county board of supervisors, for county highways, and the governing board or its designee of a city or town, for streets, to mark locations where school children are required to cross.

·          Requires the school to remove portable signs within one hour after the school session ends or pursuant to an agreement with a city or town.

·          Requires, in addition to portable signs indicating school is in session, school authorities to place school crossings signs that indicate the driver must stop when children are in the crosswalk to not pass.

Vehicles and Loads

·          Allows heavy duty vehicles equipped with an IRT to exceed the gross per-axle or axle group weight limit by no more than four hundred pounds or the weight of the IRT, whichever is less.

·          Requires the heavy duty operator to prove by written certification the weight of the IRT if requested and to prove by demonstration or certification that the IRT is functional.

·          Prescribes that heavy duty vehicle and idle reduction technology have the same meaning as found in 42 U.S.C. §16104(a).

Miscellaneous

·          Requires a city or town to repay monies received from the Roads of Regional Significance Congestion Mitigation subaccount of the State Transportation Acceleration Needs Account within 15 years after receiving the loan.

·          Allows a city or town to construct, operate and finance the construction of toll roads within the corporate limits.

·          Permits local authorities to create public transportation stops on state highways or routes if the speed limit does not exceed 55 miles per hour.

·          Allows ADOT to include price competition as part of the selection criteria in a request for qualifications (RFQ) selection process for a construction-manager-at-risk contract. Federal stimulus monies must be the source of funding for a construction project and price competition.  These provisions apply if the RFQ is issued by ADOT before January 1, 2015, and are repealed on October 1, 2015.

·          Allows Arizona to use its existing procurement methods to apply for American Reinvestment and Recovery Act funding under these methods and repeals on December 31, 2014.

·          Makes technical and conforming changes.

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·          Forty-ninth Legislature

·          First Regular Session      9          July 8, 2009

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