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House Engrossed |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HOUSE BILL 2318 |
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AN ACT
amending sections 28‑364 and 28‑5102, 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. Section 28-364, Arizona Revised Statutes, is amended to read:
28-364. Powers of the director
A. The director may provide technical transportation planning expertise to local governments when requested, coordinate local government transportation planning with regional and state transportation planning and guide local transportation planning to assure compliance with federal requirements. The planning authority granted by this subsection does not preempt planning responsibilities and decisions of local governments.
B. If the governor declares a state of emergency, the director may contract and do all things necessary to provide emergency transportation services for the residents in the affected areas whether the emergency transportation is by street, rail or air.
C. On a determination that it is in this state's best interest, the director may authorize payment for necessary relocation costs in advance of work being performed if an existing facility owned by the United States must be relocated or adjusted due to construction, modification or improvement of a state highway. The director shall base each advance payment on an estimate of cost of the proposed relocation or adjustment prepared by the federal government and acceptable to the director and shall base the final compensation on the actual agreed cost.
D. The director of the department of transportation in consultation with the director of the department of public safety shall develop procedures to exchange information for any purpose related to sections 28‑1324, 28‑1325, 28‑1326, 28‑1462 and 28‑3318.
E. The director may establish a system or process that does all of the following:
1. Allows for mailing notices of service or other legal documents or records of the department electronically or digitally to a person who consents to receiving these notices, documents or records through a secure electronic or digital system.
2. Enables a person to establish a financial account in the department's database. The account shall be accessible by the person or the person's authorized representative to review statements of all transactions associated with the person's account and to make prepayments or payments for authorized transactions with the department. Notwithstanding any other law, monies in financial accounts established pursuant to this section that remain unexpended for a period of five years or more revert to the Arizona highway user revenue fund and shall be distributed pursuant to section 28‑6538.
3. Allows a person to comply with the photograph update and proof of vision test requirements prescribed by section 28‑3173 through electronic or digital means that meet the department's standards.
F. The director, in consultation with the Arizona medical board or the state board of optometry, may do all of the following:
1. Establish medical and vision standards for driver license applicants and examinations.
2. Establish courses of training, training facilities and qualifications and methods of training for driver license examining personnel.
3. Establish procedures for the certification of driver license examining personnel and driver license instructors personnel.
4. Direct research in the field of licensing drivers. The director may accept public or private grants for the research.
5. Conduct research in the field of examination or reexamination of licensing individual drivers with medical or vision problems.
6. Set minimum vision standards for the operation of a motor vehicle in this state.
G. The director may implement electronic or digital versions of driver licenses, nonoperating identification licenses, vehicle registration cards, license plates or any other official record records of the department. after consulting, at least ninety days before implementation, with representatives of the following entities to develop proposed policies relating to the implementation:
1. a law enforcement agency of this state or a POLITICAL subdivision of this state.
2. An authorized third party as defined in section 28‑5100.
3. An AUTHORIZED third party electronic service provider as defined in section 28‑5100.
Sec. 2. Section 28-5102, Arizona Revised Statutes, is amended to read:
28-5102. Powers and duties of director
A. The director shall:
1. Supervise and regulate all persons required by this article to obtain authorization.
2. Establish minimum quality standards of service and a quality assurance program for authorized third parties to ensure that an authorized third party is complying with the minimum standards.
3. Adopt rules to administer and enforce this chapter.
B. The director may:
1. Conduct investigations the director deems necessary.
2. Conduct audits.
3. Make on‑site inspections during regular business hours and at locations as the director deems appropriate to determine compliance by an authorized third party with this article. If an inspection is conducted at a place located outside this state, the director may charge a fee to the authorized third party.
4. Require that an authorized third party or employees or agents of an authorized third party be certified to perform the functions prescribed in this article.
5. Require authorized third parties and authorized third party electronic service providers to reimburse the department for mutually agreed on costs.
C. At least ninety days before implementing policies relating to this chapter, the DIRECTOR shall consult with representatives of the following entities to develop proposed policies RELATING to this chapter:
1. an authorized third party.
2. an AUTHORIZED third party electronic service provider.