Arizona Department of Transportation Legislative Summary 2001 |
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August 1, 2001
Victor Mendez, Director
Arizona Department of Transportation
206 South 17th Avenue, MD 100A
Phoenix, AZ 85007
Dear Mr. Mendez:
The following is a comprehensive summary of transportation-related legislation before the First Regular
Session of the 45th Legislature. The 2001 Regular Legislative Session lasted 100 days, producing 416
enactments out of the 1,221 bills, memorials and resolutions introduced. Of the 416 bills sent to the
Governor, Governor Hull signed 388 bills and vetoed 28 bills. The Legislature additionally passed and
filed 16 memorials and resolutions.
This document provides summaries of legislation tracked by the Arizona Department of Transportation
(ADOT). The information is presented in the following format:
• Members of the 2001 ADOT Legislative Team
• Members of the 45th Legislature
• Table of Contents
• Index of Legislation Enacted
• Transportation-Related Legislation Enacted
• Transportation-Related Legislation Vetoed (and Governor’s Message, as applicable)
• Transportation-Related Legislation Sorted by Principal A.R.S. Code/Title Impact
• Transportation-Related Legislation Sorted by Bill Number
Official copies of all 2001 Chapter Laws and complete files of action for public review (for both the
Regular and Special Session) are available upon request by contacting the Arizona Department of
Transportation Legislative Services Office at (602) 712-7412, or visiting us at the ADOT Administration
Building located at 206 S. 17th Avenue, Room 173, Phoenix, AZ 85007. For large quantity copy requests,
we ask that you contact the Secretary of State’s Office of Publications at (602) 542-4086, or visit them at
1700 W. Washington, 1st Floor, Phoenix, AZ 85007.
For those with Internet access, The 1998-2001 Final Summaries can also be found online by visiting our
agency web site at www.dot.state.az.us. Additionally, full legislative bill and chapter law text, fact
sheets and other legislative information and links are available online at www.azleg.state.az.us.
Unless otherwise specified, the general effective date of First Regular Session enactments is August 9,
2001.
Sincerely,
2001 ADOT LEGISLATIVE TEAM
Table of Contents
Page
Members of the 2001 ADOT Legislative Team i
Transportation-Related Legislation House Bills Enacted 1
Transportation-Related Legislation Senate Bills Enacted 11
Transportation-Related Legislation House Bills Sorted by
Bill Number 18
Transportation-Related Legislation Senate Bills Sorted by
Bill Number 20
Transportation-Related Legislation Sorted by Chapter Law
Number 22
Transportation-Related Legislation Vetoed 25
i
2001 ADOT LEGISLATIVE TEAM
Kevin Biesty, Legislative Services Office
Anthony Guiles, Legislative Services Office
Anne Perry, Legislative Services Office
Melisa Tripp, Legislative Services Office
Doris Acosta, Aeronautics Division
Brad Steen, Financial Management Services
Bob Gustafson, Intermodal Transportation Division
Lorraine Brown, Motor Vehicle Division
Lisa Pendrick, Transportation Planning Division
Michael Spector, Transportation Support Group
1
TRANSPORTATION-RELATED LEGISLATION
HOUSE BILLS ENACTED INTO LAW
45th Legislature, 1st Regular Session
Arizona Department of Transportation Legislative Final Summary
• Note – Arizona Legislative Information Systems (ALIS) and Legislation On Line in Arizona
(LOLA) were important sources in compiling the following summaries.
[HB 2011] NITROUS OXIDE; CONTAINERS
(Laws 2001, Chapter 145)
(Rep. Gleason) Makes it illegal to sell or distribute a container of nitrous
oxide, "laughing gas", to anyone under 18 years of age. A violation if this
law is a Class 5 felony. Anyone under the age of 18 convicted of a nitrous
oxide crime will have their driving license suspended by the state. An
emergency measure has been added, therefore allowing the bill to
immediately go into effect upon the Governor’s signature.
[HB 2017] PERSONAL PROPERTY TAX ASSESSMENT; CORRECTIONS
(Laws 2001, Chapter 186)
(Rep. May) Repeals two of the statutes enacted that were incorrectly
drafted along with other modifications. The section related to Notice
of Value is replaced with the 1999 law and requires each county treasurer
to handle notices for property taxes due for the personal property tax roll.
The section related to the certification of the unsecured personal property
tax roll has been replaced with the 1999 version.
[HB 2021] PROPERTY VALUATION; COMMON AREAS; AIRPORTS
(Laws 2001, Chapter 65)
(Rep. Robson and Pearce) The definition of common areas for tax
valuation has been expanded to include airports. Airports, are defined as
runways and taxiways used primarily by residents of the residential
subdivision but may be designated by the Federal Aviation Administration
as a reliever airport and receives no public funding.
[HB 2025] UNIFORM COMMERCIAL CODE; SECURED TRANSACTIONS
(Laws 2001, Chapter 102)
(Rep. Leff) Numerous technical and clarifying changes are made to the
Uniform Commercial Code (UCC) Secured Transactions statutes, as well
as clarifying definitions and requirements for financing statements. The
bill expands the definition of chattel paper to include security interest in
specific goods and the licensing of associated software. Among other
things, the bill establishes a pre-effective date financing statement.
2
HOUSE BILLS PASSED/ENACTED
[HB 2040] POWER TRANSMISSION LINES; COMMITTEE; PROCEDURES
S/E, NOW: LINE SITTING COMMITTEE; COMPENSATION;
PENALTIES
(Laws 2001, Chapter 104)
(Rep. Hatch-Miller and 4; Sen. Valadez) Defines Current Planned
Arizona Electric Transmission System. Entities planning to construct a
power plant are required to submit an outlined plan ninety days prior to
filing an application for a Certificate of Environmental Compatibility.
The plan must include the location of the plant and capacity, the power
output specifications, the type of fuel to be used, and analysis of the
impact on the transmission systems. The bill allows committee members
representing the public to be compensated by the Line Citing Committee.
Information provided to the Corporation Commission is to be confidential.
Disclosure of information is a class 2 misdemeanor.
[HB 2042] MUNICIPAL BONDS; ELECTRONIC BIDDING
(Laws 2001, Chapter 105)
(Rep. Hatch-Miller and 6; Sen. Valadez) Allows for the selling of
bonds by counties and municipalities via the process of electronic bidding.
Bids for bonds sold through this process are to be concealed until a
specified time or to be disclosed in an auction format. In addition to the
technical and conforming changes, the bill permits bids for bonds that are
sold through the electronic bidding process to be subject to improvement
in favor of a municipality at a specific time.
[HB 2043] STATE WEB SITES; PRIVACY STATEMENTS
(Laws 2001, Chapter 269)
(Rep. Hatch-Miller and 7; Sen. Valadez) State agency web sites must
contain a privacy statement that describes the agencies’ policies on how
the information gathered by the site will be collected and used.
[HB 2052] VEHICLES; TITLE AND REGISTRATION
(Laws 2001, Chapter 325)
(Rep. Cooley and 4) Requires the Arizona Department of Transportation
Motor Vehicle Division (MVD) to issue a vehicle title to the lien holder
not the buyer or owner of the vehicle. If there is no longer a lien on the
vehicle, the vehicle title will be directly issued to the owner of the vehicle.
MVD is to establish an electronic system for titles in lieu of paper
documents. Appropriates $277,950 in FY 2001-2002 and $60,000 in FY
2002-2003.
3
HOUSE BILLS PASSED/ENACTED
[HB 2053] DRIVER LICENSES S/E NOW: DRIVER LICENSES; IGNITION
INTERLOCK
(Laws 2001, Chapter 274)
(Rep. Cooley and 4; Sen. Martin) Adds changes to statutes affecting the
issuance and suspension of driver’s licenses at the request of the Arizona
Department of Transportation Motor Vehicle Division (MVD). The
provision under HB 2182 pertaining to ignition interlock installation has
been included and requires MVD to order a person convicted of an
Extreme Driving Under the Influence (DUI), Aggravated DUI, or a second
DUI within sixty months, install an Ignition Interlock Device (IID) for a
twelve month period. In ARS Title 28, establishes a two year driver’s
license suspension for anyone 18, 19, or 20 who is convicted of driving
with any alcohol in their body. A judge may permit such a person to drive
to and from work and school.
[HB 2055] MVD; THIRD PARTY REIMBURSEMENT
(Laws 2001, Chapter 326)
(Rep. Cooley and 4; Sen. Martin) The Arizona Department of
Transportation is required to reimburse authorized third parties no more
than $4 for each VLT payment collected, $4 for driver licenses or permits,
$1 or 2% of each irregular size vehicle registration, $1 for each motor
vehicle record, and $5 for each tax report filing. Third parties are to post
their charges in addition to the state’s charges. Motor vehicle records that
are released to commercial entities or their authorized agents are not
eligible for third party reimbursement.
[HB 2056] LICENSED VEHICLE DEALERS
(Laws 2001, Chapter 107)
(Rep. Cooley and 2) The Arizona Department of Motor Vehicle Division
requested numerous changes to statutes regarding motor vehicle dealers.
The changes include examining a licensee’s records by the director or an
authorized representative of a law enforcement agency, and not allowing a
license to be transferable, salable, or eligible for reassignment. Other
changes include increasing the department’s authority upon issuing a
cease and desist order, and suspending temporary registration, dealer, and
manufacturer plates. There are additional technical and conforming
changes.
[HB 2057] ADOT; UTILITY DAMAGE AGREEMENTS
(Laws 2001, Chapter 108)
(Rep. Cooley and 10; Sen. Brown and 2) The Arizona Department of
Transportation (ADOT) is authorized to enter into contracts to compensate
a utility company for damages that increase the costs of maintenance due
to changes incurred by a utility company for the accommodation of a
transportation facility.
4
HOUSE BILLS PASSED/ENACTED
[HB 2075] MILITARY AIRPORT REUSE COMMITTEE; REPEAL
(Laws 2001, Chapter 114)
(Rep. Jarrett) Repeals the Joint Legislative Military Reuse Committee.
Military facilities that were closed after 1990 are the only facilities able to
establish a Joint Powers Airport Authority. A military reuse zone is now
designated as a closed military facility with a runway that is at least 8000
feet long.
[HB 2092] BUSINESS INCOME ALLOCATION, SALES FACTOR S/E, NOW:
COUNTY JAIL DISTRICTS; COSTS; REIMBURSEMENT
(Laws 2001, Chapter 209)
(Rep. Huffman and 6; Sen. Hellon) County jail districts are added to the
list of districts that the county board of supervisors may require
reimbursement to the county for the cost of providing services to the
districts. Allows the county jail districts to pay the county for the cost of
services they do not handle themselves except for the services the counties
are required to provide.
[HB 2123] BIODEIESEL; GOVERNMENT FLEETS
(Laws 2001, Chapter 70)
(Rep. Carpenter) Public sector fleets are now required to meet their total
plan of alternative clean burning fuel mandates using biodiesel.
[HB 2134] CREDIT CARD TRANSACTIONS; RECEIPTS; FRAUD
(Laws 2001, Chapter 188)
(Rep. May) Limits credit card numbers that appear on receipts to only the
last five digits. No longer allows the credit card expiration date to be
electronically printed on receipts. Any violation of credit card regulations
may be investigated by the Arizona Attorney General.
[HB 2157] INTERGOVERNMENTAL AGREEMENTS; PROCEDURE;
LIMITAION
(Laws 2001, Chapter 125)
(Rep. Brimhall) Intergovernmental agreements are able to form a
separate legal entity in order to exercise powers that were jointly held by
contracting parties of an intergovernmental agreement. Specific
information is required upon formation of the entity that must specify the
precise organization, composition, title and nature of the entity.
5
HOUSE BILLS PASSED/ENACTED
[HB 2181] SUSPENDED DRIVER LICENSE ENFORCEMENT S/E, NOW:
SCHOOL BUS DRIVERS; REQUIREMENTS
(Laws 2001, Chapter 126)
(Rep. Gray and Anderson; Sen. Hamilton) Requires that each applicant
for a school bus driving certificate must submit fingerprints to the Arizona
Department of Public Safety (DPS) for a criminal background check. The
fingerprints are to be submitted to the FBI in order to match Arizona’s
statute with FBI standards. Also makes clear that a school bus driver is to
use flashing warning signal lights for departure and boarding purposes.
[HB 2182] DUI; IGNITION INTERLOCK DEVICES S/E, NOW: IGNITION
INTERLOCK DEVICES; DUI
(Laws 2001, Chapter 253)
(Rep. Gray and Anderson) Requires that an ignition interlock device
(IID) be used for 12 months going into effect on the date of conviction for
a DUI offense or on the conclusion of license suspension or revocation,
depending on what occurs later.
[HB 2229] RENTAL TRUCK; TRAILERS; SURCHARGE
(Laws 2001, Chapter 147)
(Rep. Pearce) Trucks, trailers, and semi-trailers used for transporting
personal property are to be recognized as rental vehicles and subject to the
rental vehicle surcharge.
[HB 2277] RED LIGHTS; VIOLATIONS; PROCEDURES S/E, NOW:
TRAFFIC LIGHTS; VIOLATIONS; PROCEDURES
(Laws 2001, Chapter 190)
(Rep. Voss and 3; Sen. Richardson) Fines for traffic violations
including red light running, stop sign running, and illegal left turns are to
be retained at current statutory levels. A person who commits one of these
violations is required to attend Traffic Survival School if they are
ineligible to attend Defensive Driving School. The Governor’s Highway
Safety Team is to issue a report on methods that will reduce these types of
traffic violations.
6
HOUSE BILLS PASSED/ENACTED
[HB 2327] IDENTITY THEFT S/E, NOW: IDENTITY THEFT; REVISIONS
(Laws 2001, Chapter 113)
(Rep. Marsh) The definition of falsely alters a written instrument has
been expanded to include counterfeiting, washing and connecting different
parts of the whole of more than one genuine instrument. The definition of
personal identifying information has also expanded to include savings or
checking account number, credit card or debit card number, mother’s
maiden name, fingerprint, retina image or iris. The crime of taking the
identity of another person now includes selling or transferring personal
identifying information of another person. Removed, is the language
concerning whether a victim did or did not suffer an economic loss.
[HB 2337] STATE CREDIT CARD USE; DEFINTIONS
(Laws 2001, Chapter 354)
(Rep. Marsh and Hatch-Miller) Allows state agencies, already
accepting credit cards or charge cards as way of payment, to determine
whether there will be discount fees, convenience fees, or transaction fees,
except in payments for occupational, business, or motor vehicle fees and
licensing. The deduction of convenience fees is determinable by the
agency.
[HB 2355] WATER; SEWER; CONSTRUCTION PROCUREMENT
EXCEPTION
(Laws 2001, Chapter 77)
(Rep. Flake and 3; Sen. Brown) The total cost of a water or sewer
project for procurement purposes shall not include work done by
volunteers and donations.
[HB 2370] TRAFFIC ACCIDENTS; CLEARANCE; HOV LANE
(Laws 2001, Chapter 337)
(Rep. Cooley and 7; Sen. Brown) Specifies a number of penalties and
requirements regarding highway work zones and motor vehicle accidents.
Drivers of vehicles involved in an accident on a divided highway are to
safely move the vehicle to the shoulder of the road if able and if there are
no apparent serious physical injuries. Quick-clearance of traffic accidents
are prescribed. Specific standards for using traffic-control devices in
highway work zones are to be adopted by the Arizona Department of
Transportation.
7
HOUSE BILLS PASSED/ENACTED
[HB 2371] CONTRACTORS; ADVERTISEMENTS; VIOLATIONS;
TELECOMMUNICATIONS SERVICE S/E, NOW:
ADVERTISEMENTS; CONTRACTORS; CONSUMER FRAUD
(Laws 2001, Chapter 78)
(Rep. Cooley and 11; Sen. Brown and Martin) The strike everything
amendment requires unlicensed persons performing jobs to disclose their
unlicensed status or face criminal prosecution for a violation of the
Consumer Fraud Act. The words not a licensed contractor must be
included in their advertising and be made available to the public. A
licensee’s contracting license shall include the acronym ROC before the
license number.
[HB 2372] MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT
(Laws 2001, Chapter 54)
(Rep. Cooley and 9; Sen. Brown) Conforming changes to the multistate
highway transportation agreement as well the method for choosing
representatives for the cooperating committee have been incorporated.
[HB 2377] INTERGOVERNMENTAL PUBLIC TRANSPORTATION
DISTRICTS
(Laws 2001, Chapter 148)
(Rep. Cooley and 8; Sen. Brown) Intergovernmental public
transportation authority (IGPTA) may organize in any county with a
population of 400K or less. Provides IGPTA with the ability to design,
operate, and maintain the public transportation system in the authority.
The bill outlines the organization powers and duties of the governing body
of the authority as well.
[HB 2425] DESIGN-BUILD; CLEANUP
(Laws 2001, Chapter 227)
(Rep. Nelson) Various statutes are modified regarding procurement
methods available to both state and local government agencies for
professional and construction services. In 2000, HB 2340 was passed,
which codified the pilot program of design-build for ADOT. Included are
numerous technical and clarification changes.
[HB 2426] ENVIRONMENT; WATER QUALITY; AZPDES PROGRAM
(Laws 2001, Chapter 357)
(Rep. Huffman and 11; Sen. Guenther and Brown) The director of the
Department of Environmental Quality (DEQ) is to adopt rules for
establishing an Arizona Pollutant Discharge Elimination Program
(AZPDES) that is consistent, but not stricter than or in conflict with the
National Pollutant Discharge Elimination System (NPDES). Requires
consistency with the federal Clean Water Act. Clarifies rules for pre-treatment
programs, sewage sludge programs, and conditions for imposing
penalties for violations.
8
HOUSE BILLS PASSED/ENACTED
[HB 2447] ANTITRUST EXEMPTION; TELECOMMUNICATION SERVICES
(Laws 2001, Chapter 50)
(Rep. Brotherton and 3; Sen. Bundgaard) Competitive
telecommunication services are excluded from being exempted form the
uniform state antitrust act because of this bill. A disclaimer is included
that states the exemption does not intend to address the legality of
contracts between telecommunication service providers and owners or
managers of large buildings or residential apartment complexes.
[HB 2449] AIR QUALITY; CARB DIESEL
(Laws 2001, Chapter 229)
(Rep. Allen) Every diesel vehicle registered in the state weighing over
8,500 pounds will require a $10 fee and every person subject to an
apportioned fee. The fees collected are to be deposited into the Voluntary
Vehicle Repair and Retrofit Fund (VVRR). The purpose of this funding
program is to include grants for vehicle repair and retrofit to diesel
vehicles that fail emission testing. In FY2002 and FY2003, VVRR
revenues will increase by at least $1,890,000 according to estimates by the
Department of Transportation Division of Motor Vehicle.
[HB 2473] EXTREME DUI; ALCOHOL CONCENTRATION
(Laws 2001, Chapter 51)
(Rep. Gray and 41; Sen. Bundgaard and 17) Any person operating or
controlling a vehicle with a Blood Alcohol Content (BAC) of 0.15 or more
is guilty of driving while under the extreme influence of intoxicating
liquor. This bill lowers the BAC from 0.18 to 0.15. Contains an
emergency clause, therefore becomes effective upon signature of the
Governor.
[HB 2486] RECREATIONAL VEHICLES; LENGTH RESTRICTIONS
(Laws 2001, Chapter 52)
(Rep. Cooley and 9; Sen. Aguirre and 2) The maximum allowable
length for a recreational vehicle is extended to 45 feet. Recreational
vehicle is defined as a motor home providing living quarters for camping
or any other recreational travel and is a part of a self-propelled motor
vehicle chassis or on a chassis cab or van that is an integral part of the
complete vehicle.
9
HOUSE BILLS PASSED/ENACTED
[HB 2496] PREVENTION OF CHILD ABUSE FUND
(Laws 2001, Chapter 171)
(Rep. Cooley and 22) Requires the governor’s office to forward all
monies from the prevention of child abuse fund to a private foundation
each year. The private foundation must then match all or a portion of the
monies in the fund. Eliminates the requirement for a statewide entity to
receive child abuse prevention fund monies. The Division for Children in
the Governor’s Office is to submit a report each year on all expenditures,
grants, and remaining balance in the fund by December 31. The report is
to be sent to the Governor, the President of the Senate, and the Speaker of
the House of Representatives. A list of all grants awarded is to be made
available to the public by the director of the Division of Children in the
Governor’s Office.
[HB 2521] ARIZONA MEXICO COMMISION; DATA; COOPERATION
(Laws 2001, Chapter 231)
(Rep. Soltero and 18) Allows various state agencies to cooperate with
the Arizona Mexico commission in collecting data that relates to quality of
life, trade and economic development of Arizona and Mexico, and
enhances the economic competitiveness of the Arizona-Mexico region.
These agencies include the departments of agriculture, education,
economic security, transportation, health services, environmental quality,
corrections, commerce, public safety, and game and fish. The Arizona
Health Care Cost Containment System and the Arizona Office of Tourism
are included as well.
[HB 2535] APPROPRIATIONS; GOVERNMENT BUILDING
DEFIBRILLATORS
(Laws 2001, Chapter 308)
(Rep. Hatch-Miller and 8; Sen. J. Lopez and 2) $50,000 in FY 2001-
2002 and $50,000 in FY 2002-2003 is appropriated to install automated
external defibrillators in state and local government buildings. The
monies are appropriated from the emergency medical services operating
fund to the Department of Administration (DOA). A report on
recommended locations is due on November 1, 2001 and must be
submitted to the Governor, Speaker of the House, and President of the
Senate.
10
HOUSE BILLS PASSED/ENACTED
[HB 2538] BROWN CLOUD STUDY; AIR QUALITY
(Laws 2001, Chapter 371)
(Rep. Allen) Recommendations from the Governor’s Brown Cloud
Summit are implemented. Repeals the Clean Air Fund (CAF) after June
30, 2003 and terminates the in lieu fee for emissions testing on that date.
Expands Area A boundary that includes most of Maricopa and parts of
Pinal and Yavapai Counties. Requires any part of Area A to adopt and
enforce idle-time ordinances for heavy diesel vehicles with exceptions.
Requires the director of the Department of Environmental Quality to
create a “daily visibility index” in Area A to measure visibility results by
the end of 2003. The method to evaluate “blue sky days” uses a range of
25 miles of visibility with a goal of 275 days in 2003. Requires the
director of the Department of Transportation to develop a plan for greater
use of bypass routes during periods when visibility in the Phoenix Metro-
Area is poor.
[HB 2582] PROCUREMENT; ON-LINE BIDDING
(Laws 2001, Chapter 375)
(Rep. Voss and 6) Public agencies are authorized to obtain bids for
goods, services, construction, and information services using electronic
bidding. An opening date and time are to be designated, and allows the
closing date and time to be fixed or to remain open. Public agencies are
authorized to require bidders to register before the bid, specify terms, and
establish other requirements. All public bids are to be made public
information. An emergency clause to the bill allows it to go into effect
immediately after the Governor’s signature.
[HB 2631] GENERAL APPROPRIATIONS ACT
(Laws 2001, Chapter 236)
(Rep. Knaperek and 19) The general appropriations bill for FY 2002
appropriates $6,142,707,500 from the state General Fund (GF) and
$1,715,204,700 from other state funds (OF). For FY 2003, the bill
appropriates $6,453,944,100 from the GF and $ 1,756,924,500 from the
OF in order to fund the maintenance and operations of each state agency
and public schools. For the biennium, GF appropriations equals
$12,596,651,600 and OF appropriations equals $3,472,129,200.
1 1
TRANSPORTATION-RELATED LEGISLATION
SENATE BILLS ENACTED INTO LAW
45TH Legislature, 1st Regular Session
Arizona Department of Transportation Legislative Final Summary
• Note – Arizona Legislative Information Systems (ALIS) and Legislation On Line in Arizona
(LOLA) were important sources in compiling the following summaries.
[SB 1010] MOTOR VEHICLE INSURANCE; NONCANCELLATION
(Laws 2001, Chapter 239)
(Sen. Cirillo) Allows insurance companies to transfer policyholders on
review of their driving record from one policy to another without
limitation to the insured’s policy. A transferred policyholder who
commits moving violations and at-fault accidents, may be transferred to
another affiliated insurance company. Makes clear that the excluded or
transferred insured’s driving record cannot be used to determine rates,
surcharges, or premiums for other drivers. An insurance company cannot
cancel or not renew an insured policy based on the person’s residence,
age, race, color religion, sex, sexual orientation, marital status, national
origin, ancestry, or driving record.
[SB 1037] MOTORCYCLE SAFETY FUND; ESTABLISHMENT
(Laws 2001, Chapter 316)
(Sen. Smith and 5; Rep. Avelar and 3) Establishes a motorcycle safety
fund to pay for motorcycle safety, education, and awareness programs.
Transfers $1 of each motorcycle registration fee from the state highway
fund to the motorcycle safety fund until it reaches $150,000.
[SB 1089] ALCOHOL OFFENSES; 0.08 ALCOHOL CONCENTRATION
(Laws 2001, Chapter 95)
(Sen. Nichols and 4; Rep. Landrum) Changes the Blood Alcohol
Concentration of .10 to .08. It makes it unlawful for a person to operate a
watercraft or motor vehicle with a BAC of .08 or more. This legislation
contains an intent clause stating that its intention was to conform to the
recommendation of the National Safety Council. States that are in non-compliance
with the established national standard set by Congress are at
risk in losing a portion of their federal highway funds each year beginning
FY 2004. In order to have their funds restored to the state’s
apportionment, States have until FY 2007 to comply. Contains a delayed
effective date of August 31, 2001.
[SB 1104] APPROPRIATION; UNDERGROUND STORAGE TANK
PROGRAM
(Laws 2001, Chapter 272)
(Sen. Bowers and Richardson) $500,000 is to be appropriated to the
Department of Environmental Quality (DEQ) in FY 2002-2003 for paying
partial coverage of repairing leaking underground storage tanks. The
appropriation shall not be used for administrative costs.
1 2
SENATE BILLS PASSED/ENACTED
[SB 1111] COUNTY TREASURERS; PROCEDURES
(Laws 2001, Chapter 28)(Sen. Mitchell and 11) Changes are made to the statutes
governing authority of county and other local government treasurers (not state treasurers).
The list of a treasurer’s eligible investment is expanded. School districts that have
assumed accounting responsibility are to be included as an eligible designee in preference
of payment of warrants.
[SB 1137] EXTREME DUI; ALCOHOL CONCENTRATION S/E, NOW:
SUSPEDED DRIVER LICENSES; VEHICLE IMPOUNDMENT
(Laws 2001, Chapter 377)
(Sen. Hamilton and 11) Allows a peace officer to impound a vehicle of
a person driving on a revoked license or on a suspended license for driving
under the influence (DUI). Makes clear that the vehicle owner is
responsible for paying all towing costs, storage, and other impoundment
charges unless the vehicle was stolen and theft was reported to the proper
law enforcement agency.
[SB 1174] ABANDONED VEHICLES; PAYMENT OF COSTS
(Laws 2001, Chapter 210)
(Sen. Richardson and 11; Rep. Voss and 2) Requires a property owner
to be reimbursed for the costs incurred for storage of an abandoned vehicle
by the vehicle owner. Law enforcement agencies are exempt from paying
the property owner for storage and filing costs if by law the agency is
authorized or required to remove the vehicle. Reimbursement of
abandoned vehicle storage costs or filing fees is required to a property
owner in counties of 400,000 persons or less. Allows off-duty officers and
others to determine if a vehicle is stolen.
[SB 1177] DEPARTMENT OF WEIGHTS AND MEASURES
(Laws 2001, Chapter 164)
(Sen. Bennett and 3) The definition of registered service agency and
representative is expanded to include testing or repair to vapor recovery
systems or components. The bill also modifies the definition of retail
seller to include sellers of any package or commodity by weight, measure,
or count. The Department of Weights and Measures shall not be permitted
to inspect meters at federal, state, and local agencies unless requested to
do so.
SENATE BILLS PASSED/ENACTED
1 3
[SB 1193] TRAILERS; SEMITRAILERS; PERMANENT REGISTRATION
(Laws 2001, Chapter 154)
(Sen. Daniels and Aguirre) A one-time registration and vehicle license
tax fee for trailers or semitrailers exceeding 10,000 pounds gross vehicle
weight (GVW) is established. The initial one-time registration fee is $245
and one-time tax is $555. The registration renewal fee is $145 and the
renewal tax is $355. $180,000 is appropriated from the state highway
fund in FY 2001-2002 to the Arizona Department of Transportation
(ADOT) for implementation costs. Delays the effective date to August 31,
2001.
[SB 1217] VENTURE TEAMS; REPEAL
(Laws 2001, Chapter 98)
(Sen. Aguirre and 2; Rep. Avelar and Loredo) Venture teams of the
Arizona Department of Corrections (ADC), the Arizona Department of
Economic Security (DES), and the Arizona Department of Transportation
(ADOT) are repealed.
[SB 1218] GRAND CANYON AIRPORT; LEASE
(Laws 2001, Chapter 99)
(Sen. Aguirre and Jackson; Rep. Avelar) Removes the 20 year limit to
enter into a lease and the 20 year option to renew leases with the Grand
Canyon national park airport. The nonprofit corporation leasing the Grand
Canyon national park airport is exempt from statutory code on highways,
property liens, the personnel system, and rule making procedures or the
procurement code. An emergency clause is included, therefore becoming
effective upon signature of the Governor.
[SB 1243] APPROPRIATIONS; HIGHWAY PATROL
(Laws 2001, Chapter 1)
(Sen. Aguirre and 2; Rep. Avelar) Appropriates roughly $26 million to
the Department of Public Safety (DPS) for FTEs. The amount
appropriated from the highway-user revenue fund (HURF) to DPS is
intended for additional hires, overtime pay, and highway patrol vehicle
replacement. Contains an emergency clause, which upon signature of the
Governor, goes into effect immediately.
[SB 1251] FLIGHT PROPERTY TAX REVENUE DISTRIBUTION S/E,
NOW: FLIGHT PROPERTY TAX REVENUE
(Laws 2001, Chapter 286)
(Sen. Cirillo) Fifty per cent of the flight property tax is to be deposited
into the aviation fund. Beginning July 1, 2003, 100 per cent of the
revenues will go to the aviation fund. In any FY, not one airport is to
receive more than ten per cent of the total aviation fund.
SENATE BILLS PASSED/ENACTED
1 4
[SB 1271] FUEL TAXES; REVISIONS
(Laws 2001, Chapter 287)
(Sen. Aguirre; Rep. Avelar) Makes multiple technical and conforming
changes to current statutory provisions regarding fuel suppliers, vendors,
and fuel consumers by establishing a structure under Title 28. Specifies
the particular agencies that have enforcement authority pertaining to
regulation of fuel suppliers, vendors, and reporting. Changes the definition
of motor fuel to include gasoline, diesel, and aviation among other
clarifying changes.
[SB 1272] ADOT; PROPERTY; RIGHT OF WAY
(Laws 2001, Chapter 100)
(Sen. Aguirre; Rep. Avelar) Changes are made to the processes and
authority that the Arizona Department of Transportation (ADOT) has
involving the disposal of excess land owned by the Department including
environmental mitigation and banking credits. Gives the Director
authority to sell property by direct sale if the property fails to sell at
auction for the low appraisal amount. If the unneeded property is unable
to sell for the low appraisal amount, it can then be sold at a price as low as
or equal to 80 percent of the low appraisal amount. In the case that more
than one person makes an offer at or above the 80 percent level, another
auction must be held. The bill also eliminates new provisions concerning
telecommunications lease issues. In addition, the bill eliminates proposed
Department exemption regarding notification to cities, towns, or counties
relating to abandonment of street improvements and reconnections when a
highway is completed, but a 120 day advanced notice must be given by the
Department.
[SB 1286] GOVERNMENT EMPLOYEE HEALTH INSURANCE
(Laws 2001, Chapter 288)
(Sen. Solomon) Increases the statutory expenditure amount that can be
spent on state health and accident coverage for state employees and their
dependents to $500 from $215 for individual coverage and $1,200 from
$460 for married couples and family coverage.
[SB 1332] STATE GOVERNMENT, TECHNICAL CORRECTIONS S/E,
NOW: EMINENT DOMAIN STUDY COMMITTEE
(Laws 2001, Chapter 150)
(Sen. Mitchell) Establishes a nine member study committee on eminent
domain to review and make recommendations concerning eminent domain
procedural and compensation issues including comparison of state and
local eminent domain laws as well as how Arizona’s eminent domain laws
compare to other western states’ laws. There are a total of ten related
issues.
SENATE BILLS PASSED/ENACTED
1 5
[SB 1349] HURF DISTRIBUTION ADJUSTMENTS S/E, NOW: HURF
ALLOCATION ADJUSTMENTS
(Laws 2001, Chapter 40)
(Sen. Arzberger and 6) The Arizona Department of Transportation is
required to make adjustments to the Highway User Revenue Fund (HURF)
and vehicle license tax (VLT) allocations that do not exceed twenty-five
percent each month. In the case that an overage occurs in HURF and VLT
allocations, ADOT is required to reduce the monthly allocation by the
amount of the overage as long as the remaining amount is at least 75
percent of the original allocation.
[SB 1369] VEHICLE LAWS; DIPLOMATIC IMMUNITIES; PRIVILEDGES
(Laws 2001, Chapter 206)
(Sen. Guenther and Aguirre) Establishes a requirement for law
enforcement officers to obtain verification of a driver’s status by the State
department and submit a report on moving violations committed by
foreign diplomats to the Department of Public Safety within five business
days. The Department of Public Safety is responsible for records retention
and reporting the incidents to the US Department of State within another
five business days upon receiving report of the incident.
[SB 1371] DIESEL PROGRAM; APPLICATION PRIORITY; CORRECTION
(Laws 2001, Chapter 179)
(Sen. Guenther) Permanently places a one-year moratorium of the 6th
special session legislation on the issuance of grants for the alternative fuel
vehicle (AFV) program, which includes the purchase or conversion of
alternative fuel vehicles and AFV fuel delivery systems. Contracts and
purchase orders for purchase or conversion of a vehicle must have been
made before October 20, 2000 to be considered eligible. If contracts and
purchase orders are eligible, grants may be made until October 1, 2001 for
conversion or replacement of diesel vehicles, but no more than $6.5
million can be distributed. After FY 2000-2001, no clean air fuel grants
are to be made. The method to calculate mandated alternative fuel is
changed as well as the definition of “new” vehicle. An emergency clause
has been added, therefore the bill will immediately go into effect upon the
Governor’s signature.
[SB 1400] SALES TAX; ARIZONA HIGHWAYS
(Laws 2001, Chapter 36)
(Sen. Bundgaard) Provides an exemption from transaction privilege
taxation (TPT) for leased or rented promotional materials used on
publications to encourage tourism.
SENATE BILLS PASSED/ENACTED
1 6
[SB 1429] HYBRID VEHICLES; HOV LANE USE
(Laws 2001, Chapter 168)
(Sen. Blanchard and 8; Rep. Burton Cahill Rep.) Permits persons
driving hybrid vehicles to use the High Occupancy Vehicle (HOV) lanes
without requiring a certain number of passengers in the vehicle, provided
that the federal government approves. A Hybrid Vehicle is one that is
factory manufactured to be less fuel consuming and energy efficient. It
must also receive approval by the US Environmental Protection Agency
(EPA) as meeting the minimum ultra low emission standard. A person
owning a hybrid vehicle is eligible to apply for an alternative fuels plate
and hybrid vehicle sticker for privilege to use the HOV lanes regardless of
passenger number.
[SB 1436] CHILD SUPPORT; EMPLOYER COOPERATION
(Laws 2001, Chapter 121)
(Sen. Petersen) As part of a support or maintenance proceeding,
employers are forced to cooperate with a child support enforcement entity
when requesting information. All requests would now be part of the
proceeding and not the order. The bill also specifies what information may
be identified and located.
[SB 1455] AIR QUALITY; ORDER OF ABATEMENT
(Laws 2001, Chapter 292)
(Sen. Guenther and 2; Rep. Huffman and 5) Changes current statutes
regarding state and county order of abatement, which prohibits renewals
of orders. Allows the order to be renewable, no more than a year, through
the Director of the Department of Environmental Quality (DEQ) or a
County Control Officer if good cause is presented.
[SB 1525] PRESERVATION OF MILITARY AIRPORTS
(Laws 2001, Chapter 23)
(Sen. Hamilton and Bowers) Legislation that was adopted in 2000
required the Attorney General (AG) to enforce planning, zoning, and
sound requirements within a territory in the area of military airports. It
also established civil penalties for noncompliance. This bill enhances the
notification requirements of proposed development in the area of military
airports as well as reduces the size and scope of the area responsible for
reporting to the AG about the compliance of military airport compatibility.
Among other things, the bill also requires property owners in a high noise
and accident potential zone to notify potential buyers or renters about the
property status and requirements of military airport compatibility.
SENATE BILLS PASSED/ENACTED
1 7
[SB 1544] COUNTY ROAD CONSTRUCTION FINANCE
(Laws 2001, Chapter 184)
(Sen. Verkamp; Rep. O’Halleran and 2) Section 48-986.01 was added
allowing the county board of supervisors to establish a revolving fund to
finance infrastructure construction in unincorporated areas of the county.
Allows the county to advance monies from the county general fund to
finance infrastructure totaling costs no more than $300,000 and stipulates
the advance may be through bond purchases or other indebtedness not to
exceed ten year repayment terms. Interest accumulated on any advance
must be paid by the district.
18
TRANSPORTATION-RELATED LEGISLATION
ENACTMENTS SORTED BY BILL NUMBER
45TH Legislature, 1st Regular Session
Arizona Department of Transportation Legislative Final Summary
HOUSE BILLS
BILL # SHORT TITLE CHAPTER LAW #
HB 2011 NITROUS OXIDE; CONTAINERS CHAPTER 145
HB 2017 PERSONAL PROPERTY TAX ASSESSMENT; CORRECTIONS CHAPTER 186
HB 2021 PROPERTY VALUATION; COMMON AREAS; AIRPORTS CHAPTER 65
HB 2025 UNIFORM COMMERCIAL CODE; SECURED TRANSACTIONS CHAPTER 102
HB 2040 LINE SITTING COMMITTEE; COMPENSATION; PENALTIES CHAPTER 104
HB 2042 MUNICIPAL BONDS; ELECTRONIC BIDDING
CHAPTER 105
HB 2043 STATE WEB SITES; PRIVACY CHAPTER 269
HB 2052 VEHICLES; TITLE AND REGISTRATION CHAPTER 325
HB 2053 DRIVER LICENSES; IGNITION INTERLOCK CHAPTER 274
HB 2055 MVD; THIRD PARTY REIMBURSEMENT CHAPTER 326
HB 2056 LICENSED VEHICLE DEALERS CHAPTER 107
HB 2057 ADOT; UTILITY DAMAGE AGREEMENTS CHAPTER 108
HB 2075 MILITARY AIRPORT REUSE COMMITTEE; REPEAL CHAPTER 114
HB 2092 COUNTY JAIL DISTRICTS; COSTS; REIMBURSEMENT CHAPTER 209
HB 2123 BIODIESEL; GOVERNMENT FLEETS CHAPTER 70
HB 2134 CREDIT CARD TRANSACTIONS; RECEIPTS; FRAUD CHAPTER 188
HB 2157 INTERGOVERNMENTAL AGREEMENTS; PROCEDURE; LIMITATION CHAPTER 125
HB 2181 SCHOOL BUS DRIVERS; REQUIREMENTS CHAPTER 126
HB 2182 IGNITION INTERLOCK DEVICES; DUI CHAPTER 253
HB 2229 RENTAL TRUCK; TRAILERS; SURCHARGE CHAPTER 147
HB 2277 TRAFFIC LIGHTS; VIOLATIONS; PROCEDURES CHAPTER 19
19
TRANSPORTATION-RELATED LEGISLATION
ENACTMENTS SORTED BY BILL NUMBER
45TH Legislature, 1st Regular Session
Arizona Department of Transportation Legislative Final Summary
HOUSE BILLS
BILL # SHORT TITLE CHAPTER LAW #
HB 2327 IDENTITY THEFT; REVISION CHAPTER 113
HB 2337 STATE CREDIT CARD USE; DEFINTIONS CHAPTER 354
HB 2355 WATER; SEWER; CONSTRUCTION PROCUREMENT; EXCEPTION CHAPTER 77
HB 2370 TRAFFIC ACCIDENTS; CLEARANCE; HOV LANE CHAPTER 337
HB 2371 ADVERTISEMENTS; CONTRACTORS; CONSUMER FRUAD CHAPTER 78
HB 2372 MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT CHAPTER 54
HB 2377 INTERGOVERNMENTAL PUBLIC TRANSPORTATION DISTRICTS CHAPTER 148
HB 2425 DESIGN-BUILD CLEANUP CHAPTER 227
HB 2426 ENVIRONMENT; WATER QUALITY; AZPDES PROGRAM CHAPTER 357
HB 2447 ANTITRUST EXEMPTION; TELECOMMUNICATION SERVICES CHAPTER 50
HB 2449 AIR QUALITY FEE; DIESEL CHAPTER 229
HB 2473 EXTREME DUI; ALCOHOL CONCENTRATION CHAPTER 51
HB 2486 RECREATIONAL VEHICLES; LENGTH RESTRICTIONS CHAPTER 52
HB 2496 PREVENTION OF CHILD ABUSE FUND CHAPTER 171
HB 2521 ARIZONA-MEXICO COMMISION; DATA; COOPERATION CHAPTER 231
HB 2535 APPROPRIATIONS; GOVERNMENT BUILDING DEFIBRILLATORS CHAPTER 308
HB 2538 BROWN CLOUD STUDY; AIR QUALITY CHAPTER 371
HB 2582 PROCUREMENT; ON-LINE BIDDING CHAPTER 375
HB 2631 GENERAL APPROPRIATIONS CHAPTER 236
20
TRANSPORTATION-RELATED LEGISLATION
ENACTMENTS SORTED BY BILL NUMBER
45TH Legislature, 1st Regular Session
Arizona Department of Transportation Legislative Final Summary
SENATE BILLS
BILL # SHORT TITLE CHAPTER LAW #
SB 1010 MOTOR VEHICLE INSURANCE; NON-CANCELLATION CHAPTER 239
SB 1037 MOTORCYCLE SAFETY FUND; ESTABLISHMENT CHAPTER 316
SB 1089 ALCOHOL OFFENSES; 0.08 ALOCHOL CONCENTRATION CHAPTER 95
SB 1104 APPROPRIATION; UNDERGROUND STORAGE TANK PROGRAM CHAPTER 272
SB 1111 COUNTY TREASURERS; PROCEDURES CHAPTER 28
SB 1137 SUSPENDED DRIVER LICENSES; VEHICLE IMPOUNDMENT CHAPTER 377
SB 1174 ABANDONED VEHICLES; PAYMENT OF COSTS CHAPTER 210
SB 1177 DEPARTMENT OF WEIGHTS AND MEASURES CHAPTER 164
SB 1193 TRAILERS; SEMITRAILERS; PERMANENT REGISTRATION CHAPTER 154
SB 1217 VENTURE TEAMS; REPEAL CHAPTER 98
SB 1218 GRAND CANYON AIRPORT; LEASE CHAPTER 99
SB 1243 APPROPRIATIONS; HIGHWAY PATROL CHAPTER 1
SB 1251 FLIGHT PROPERTY TAX REVENUES CHAPTER 286
SB 1271 FUEL TAXES; REVISIONS CHAPTER 287
SB 1272 ADOT; PROPERTY; RIGHT-OF-WAY CHAPTER 100
SB 1286 GOVERNMENT EMPLOYEE HEALTH INSURANCE CHAPTER 288
SB 1332 EMINENT DOMAIN STUDY COMMITTEE CHAPTER 150
21
TRANSPORTATION-RELATED LEGISLATION
ENACTMENTS SORTED BY BILL NUMBER
45TH Legislature, 1st Regular Session
Arizona Department of Transportation Legislative Final Summary
SENATE BILLS
BILL # SHORT TITLE CHAPTER LAW #
SB 1349 HURF ALLOCATION ADJUSTMENTS CHAPTER 40
SB 1369 VEHICLE LAWS; DIPLOMATIC IMMUNITIES; PRIVILEGES CHAPTER 206
SB 1371 DIESEL PROGRAM; APPLICATION PRIORITY; CORRECTION CHAPTER 179
SB 1400 SALES TAX; ARIZONA HIGHWAYS CHAPTER 36
SB 1429 HYBRID VEHICLES; HOV LANE USE CHAPTER 168
SB 1436 CHILD SUPPORT; EMPLOYER COOPERATION CHAPTER 121
SB 1455 AIR QUALITY; ORDER OF ABATEMENT CHAPTER 292
SB 1525 PRESERVATION OF MILITARY AIRPORTS CHAPTER 23
SB 1544 COUNTY ROAD CONSTRUCTION FINANCE CHAPTER 184
22
TRANSPORTATION-RELATED LEGISLATION
ENACTMENTS SORTED BY CHAPTER LAW #
45th Legislature, 1st Regular Session
Arizona Department of Transportation Legislative Final Summary
CHAPTER LAW # SHORT TITLE
BILL #
CHAPTER 1 APPROPRIATIONS; HIGHWAY PATROL SB 1243
CHAPTER 23 PRESERVATION OF MILITARY AIRPORTS SB 1525
CHAPTER 28 COUNTY TREASURERS; PROCEDURES SB 1111
CHAPTER 36 SALES TAX; ARIZONA HIGHWAYS SB 1400
CHAPTER 40 HURF ALLOCATION ADJUSTMENTS SB 1349
CHAPTER 50 ANTITRUST EXEMPTION; TELECOMMUNICATION SERVICES HB 2447
CHAPTER 51 EXTREME DUI; ALCOHOL CONCENTRATION HB 2473
CHAPTER 52 RECREATIONAL VEHICLES; LENGTH RESTRICTIONS HB 2486
CHAPTER 54 MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT HB 2372
CHAPTER 65 PROPERTY VALUATION; COMMON AREAS; AIRPORTS HB 2021
CHAPTER 70 BIODIESEL; GOVERNMENT FLEETS HB 2123
CHAPTER 77 WATER; SEWER; CONSTRUCTION PROCUREMENT; EXCEPTION HB 2355
CHAPTER 78 ADVERTISEMENTS; CONTRACTORS; CONSUMER FRAUD HB 2371
CHAPTER 95 ALCOHOL OFFENSES; 0.08 ALCOHOL CONCENTRATION SB 1089
CHAPTER 98 VENTURE TEAM; REPEAL SB 1217
CHAPTER 99 GRAND CANYON AIRPORT; LEASE SB 1218
CHAPTER 100 ADOT; PROPERTY; RIGHT-OF-WAY SB 1272
CHAPTER 102 UNIFORM COMMERCIAL CODE; SECURED TRANSACTIONS HB 2025
CHAPTER 104 LINE SITTING COMMITTEE; COMPENSATION; PENALTIES HB 2040
CHAPTER 105 MUNICIPAL BONDS; ELECTRONIC BIDDING HB
2042
CHAPTER 107 LICENSED VEHICLE DEALERS HB 2056
23
TRANSPORTATION-RELATED LEGISLATION
ENACTMENTS SORTED BY CHAPTER LAW #
45th Legislature, 1st Regular Session
Arizona Department of Transportation Legislative Final Summary
CHAPTER LAW # SHORT TITLE
BILL #
CHAPTER 108 ADOT; UTILITY DAMAGE AGREEMENTS HB 2057
CHAPTER 113 IDENTITY THEFT; REVISION HB 2327
CHAPTER 114 MILITARY AIRPORT REUSE COMMITTEE; REPEAL HB 2075
CHAPTER 121 CHILD SUPPORT; EMPLOYER COOPERATION SB 1436
CHAPTER 125 INTERGOVERNMENTAL AGREEMENTS; PROCEDURE; LIMITATION HB 2157
CHAPTER 126 SCHOOL BUS DRIVERS; REQUIREMENTS HB 2181
CHAPTER 145 NITROUS OXIDE; CONTAINERS HB 2011
CHAPTER 147 RENTAL TRUCK; TRAILERS; SURCHARGE HB 2229
CHAPTER 148 INTERGOVERNMENTAL PUBLIC TRANSPORTATION DISTRICTS HB 2377
CHAPTER 150 EMINENT DOMAIN STUDY COMMITTEE SB 1332
CHAPTER 154 TRAILERS; SEMITRAILERS; PERMANENT REGISTRATION SB 1193
CHAPTER 164 DEPARTMENT OF WEIGHTS AND MEASURES SB 1177
CHAPTER 168 HYBRID VEHICLES; HOV LANE USE SB 1429
CHAPTER 171 PREVENTION OF CHILD ABUSE FUND HB 2496
CHAPTER 179 DIESEL PROGRAM; APPLICATION PRIORITY; CORRECTION SB 1371
CHAPTER 184 COUNTY ROAD CONSTRUCTION FINANCE SB 1544
CHAPTER 186 PERSONAL PROPERTY TAX ASSESSMENT; CORRECTIONS HB 2017
CHAPTER 188 CREDIT CARD TRANSACTIONS; RECEIPTS; FRAUD HB 2134
CHAPTER 190 TRAFFIC LIGHTS; VIOLATIONS HB 2277
CHAPTER 206 VEHICLE LAWS; DIPLOMATIC IMMUNITIES; PRIVILEGES SB 1369
CHAPTER 209 COUNTY JAIL DISTRICTS; COSTS; REIMBURSEMENT HB 2092
24
CHAPTER 210 ABANDONED VEHICLES; PAYMENT OF COSTS SB 1174
CHAPTER 227 DESIGN-BUILD CLEANUP HB 2425
TRANSPORTATION-RELATED LEGISLATION
ENACTMENTS SORTED BY CHAPTER LAW #
45TH Legislature, 1st Regular Session
Arizona Department of Transportation Legislative Final Summary
CHAPTER LAW # SHORT TITLE
BILL #
CHAPTER 229 AIR QUALITY FEE; DIESEL HB 2449
CHAPTER 231 ARIZONA-MEXICO COMMISSION; DATA; COOPERATION HB 2521
CHAPTER 235 CONDITIONAL APPROPRIATIONS; TAXATION; REVENUE FORECASTS HB 2637
CHAPTER 236 GENERAL APPROPRIATIONS HB 2631
CHAPTER 239 MOTOR VEHICLE INSURANCE; NON-CANCELLATION SB 1010
CHAPTER 247 PERFORMANCE BASED INCENTIVES PROGRAM HB 2262
CHAPTER 253 IGNITION INTERLOCK DEVICES; DUI HB 2182
CHAPTER 269 STATE WEB SITES; PRIVACY HB 2043
CHAPTER 272 APPROPRIATION; UNDERGROUND STORAGE TANK PROGRAM SB 1104
CHAPTER 274 DRIVER LICENSES; IGNITION INTERLOCK HB 2053
CHAPTER 286 FLIGHT PROPERTY TAX REVENUES SB 1251
CHAPTER 287 FUEL TAXES; REVISIONS SB 1271
CHAPTER 288 GOVERNMENT EMPLOYEE HEALTH INSURANCE SB 1286
CHAPTER 292 AIR QUALITY; ORDER OF ABATEMENT SB 1455
CHAPTER 308 APPROPRIATIONS; GOVERNMENT BUILDING DEFIBRILLATORS HB 2535
CHAPTER 316 MOTORCYCLE SAFETY FUND; ESTABLISHMENT SB 1037
CHAPTER 325 VEHICLES; TITLE AND REGISTRATION HB 2052
CHAPTER 326 MVD; THIRD PARTY REIMBURSEMENT HB 2055
CHAPTER 337 TRAFFIC ACCIDENTS; CLEARANCE; HOV LANE HB 2370
CHAPTER 354 STATE CREDIT CARD USE; DEFINITIONS HB 2337
CHAPTER 357 ENVIRONMENT; WATER QUALITY; AZPDES PROGRAM HB 2426
25
CHAPTER 371 BROWN CLOUD STUDY; AIR QUALITY HB 2538
CHAPTER 375 PROCUREMENT; ON-LINE BIDDING HB 2582
CHAPTER 377 SUSPENDED DRIVER LICENSES; VEHICLE IMPOUNDMENT SB 1137
25
45th Legislature
1st Regular Session
2001
Transportation Legislation Vetoed By the Governor
• Note – Arizona Legislative Information Systems (ALIS) and Legislation On Line in Arizona (LOLA)
were important sources in compiling the following summaries.
HOUSE BILLS:
[HB 2070] EMISSION INSPECTION; MODIFICATIONS AND EXEMPTIONS
(Rep. Huffman and 2) The State Department of Environmental Quality
would have had to adopt emissions standards for motor vehicles and for
testing those vehicles manufactured in 1981 or after, to allow an on-board
diagnostic (OBD) check instead of the current requirements of the curb
idle and loaded test condition. The OBD check would have fallen under
the requirements of Title II of the Clean Air Act. Construction of an
emission testing station in Apache Junction would have needed to begin
on or before June 1, 2004, for part of Pinal county to be exempt from
emission testing. (See veto message, p. )
[HB 2376] CONTRACTS; TAX ADJUSTMENT
(Rep. Cooley and 10; Sen. Brown) Unless the taxpayer had a contract
clause by which they could recover the cost of the new tax, the sixth-tenths
sales tax increase for schools, approved by voters in Nov. 2000,
would not have applied to business contracts made before June 1, 2001.
Would have required public works contracts to provide a cost adjustment
for the increased tax rate. (See veto message, p. )
[HB 2490] EMISSIONS TESTING; PINAL COUNTY
(Rep. Chase and 24; Sen. Rios) A committee incorporating legislative
members, members of the public, and a representative from the
Department of Environmental Quality would have been created to study
where to place vehicle emission testing stations for the remaining 2001
year. If the city of Apache Junction did not get an emission testing station
before June 1, 2004, a section of Pinal County would have been exempt
from the emission test. (See veto message, p )
[HB 2537] REGULATORY REFORM
(Rep. Allen and May) Would have modified statute in regards to agency
regulatory approval process. A study committee would have been
established to recommend implementing a regulatory budget, state agency
compliance with federal requirements, and other regulatory issues. Each
December, agencies would have needed to publish regulatory agendas for
the prospecting year. (See veto message, p )
26
45th Legislature
1st Regular Session
2001
Transportation Legislation Vetoed By the Governor
• Note – Arizona Legislative Information Systems (ALIS) and Legislation On Line in Arizona (LOLA)
were important sources in compiling the following summaries.
HOUSE BILLS:
[HB 2622] SALES TAX; CONTRACTOR’S SOLAR EXEMPTION
(Rep. Graf and 5) Would have required the transaction privilege tax
exemption for the installation of solar devices under the prime contracting
classification to expire on December 31, 2001, not at the end of 2011. The
amount the contractor would have made on the contract, not the retail cost
of the device, would have been the basis for the exemption. (See veto
message, p )
SENATE BILLS:
[SB 1123] INFORMATION PROTECTION; PLANNING; DEVELOPMENT
(Sen. Valadez and 15; Rep. Soltero) Would have required the Arizona
National Guard to organize a Computer Emergency Response Team to
protect the state National Guard networks. The Statewide Infrastructure
Protection Center (SIPC) would have been established in the state
Department of Emergency and Military Affairs Division of Emergency
Management. (See veto message, p )
[SB 1389] ARIZONA AGRICULTURAL HERITAGE ACT
(Sen. Guenther and Arzberger; Rep. O’Halleran and 2) Would have
established the Arizona Heritage Commission and Arizona Agricultural
Heritage Fund to promote a process of distribution of monies in the fund
to applicants for agricultural easements. Defined agricultural easement as
a “conservation easement established in accordance with the Uniform
Conservation Easement Act.” (See veto message, p )
Object Description
| Rating | |
| TITLE | Legislative summary -- Transportation |
| CREATOR | Arizona. Dept. of Transportation. |
| SUBJECT | Transportation--Law and legislation--Arizona--Periodicals; |
| Browse Topic |
Transportation |
| DESCRIPTION | This item contains one or more publications. |
| Language | Englsih |
| Publisher | Arizona. Dept. of Transportation. |
| Material Collection |
State Documents |
| Source Identifier | TRT 1.5:F 45 |
| Location | ocm43311124 |
| REPOSITORY | Arizona State Library, Archives and Public Records--Law and Research Library. |
Description
| TITLE | Arizona Department of Transportation Legislative Summary 2001 |
| DESCRIPTION | 30 pages (PDF version). File size: 412 KB |
| TYPE |
Text |
| RIGHTS MANAGEMENT | Copyright to this resource is held by the creating agency and is provided here for educational purposes only. It may not be downloaded, reproduced or distributed in any format without written permission of the creating agency. Any attempt to circumvent the access controls placed on this file is a violation of United States and international copyright laws, and is subject to criminal prosecution. |
| DATE ORIGINAL | 2001-08-01 |
| Time Period |
2000s (2000-2009) |
| ORIGINAL FORMAT | Born Digital |
| Source Identifier | TRT 1.5:F 45 |
| Location | ocm43311124 |
| DIGITAL IDENTIFIER | 2001_Legislative_Summary.pdf |
| DIGITAL FORMAT | PDF (Portable Document Format) |
| REPOSITORY | Arizona State Library, Archives and Public Records--Law and Research Library. |
| File Size | 421243 Bytes |
| Full Text | August 1, 2001 Victor Mendez, Director Arizona Department of Transportation 206 South 17th Avenue, MD 100A Phoenix, AZ 85007 Dear Mr. Mendez: The following is a comprehensive summary of transportation-related legislation before the First Regular Session of the 45th Legislature. The 2001 Regular Legislative Session lasted 100 days, producing 416 enactments out of the 1,221 bills, memorials and resolutions introduced. Of the 416 bills sent to the Governor, Governor Hull signed 388 bills and vetoed 28 bills. The Legislature additionally passed and filed 16 memorials and resolutions. This document provides summaries of legislation tracked by the Arizona Department of Transportation (ADOT). The information is presented in the following format: • Members of the 2001 ADOT Legislative Team • Members of the 45th Legislature • Table of Contents • Index of Legislation Enacted • Transportation-Related Legislation Enacted • Transportation-Related Legislation Vetoed (and Governor’s Message, as applicable) • Transportation-Related Legislation Sorted by Principal A.R.S. Code/Title Impact • Transportation-Related Legislation Sorted by Bill Number Official copies of all 2001 Chapter Laws and complete files of action for public review (for both the Regular and Special Session) are available upon request by contacting the Arizona Department of Transportation Legislative Services Office at (602) 712-7412, or visiting us at the ADOT Administration Building located at 206 S. 17th Avenue, Room 173, Phoenix, AZ 85007. For large quantity copy requests, we ask that you contact the Secretary of State’s Office of Publications at (602) 542-4086, or visit them at 1700 W. Washington, 1st Floor, Phoenix, AZ 85007. For those with Internet access, The 1998-2001 Final Summaries can also be found online by visiting our agency web site at www.dot.state.az.us. Additionally, full legislative bill and chapter law text, fact sheets and other legislative information and links are available online at www.azleg.state.az.us. Unless otherwise specified, the general effective date of First Regular Session enactments is August 9, 2001. Sincerely, 2001 ADOT LEGISLATIVE TEAM Table of Contents Page Members of the 2001 ADOT Legislative Team i Transportation-Related Legislation House Bills Enacted 1 Transportation-Related Legislation Senate Bills Enacted 11 Transportation-Related Legislation House Bills Sorted by Bill Number 18 Transportation-Related Legislation Senate Bills Sorted by Bill Number 20 Transportation-Related Legislation Sorted by Chapter Law Number 22 Transportation-Related Legislation Vetoed 25 i 2001 ADOT LEGISLATIVE TEAM Kevin Biesty, Legislative Services Office Anthony Guiles, Legislative Services Office Anne Perry, Legislative Services Office Melisa Tripp, Legislative Services Office Doris Acosta, Aeronautics Division Brad Steen, Financial Management Services Bob Gustafson, Intermodal Transportation Division Lorraine Brown, Motor Vehicle Division Lisa Pendrick, Transportation Planning Division Michael Spector, Transportation Support Group 1 TRANSPORTATION-RELATED LEGISLATION HOUSE BILLS ENACTED INTO LAW 45th Legislature, 1st Regular Session Arizona Department of Transportation Legislative Final Summary • Note – Arizona Legislative Information Systems (ALIS) and Legislation On Line in Arizona (LOLA) were important sources in compiling the following summaries. [HB 2011] NITROUS OXIDE; CONTAINERS (Laws 2001, Chapter 145) (Rep. Gleason) Makes it illegal to sell or distribute a container of nitrous oxide, "laughing gas", to anyone under 18 years of age. A violation if this law is a Class 5 felony. Anyone under the age of 18 convicted of a nitrous oxide crime will have their driving license suspended by the state. An emergency measure has been added, therefore allowing the bill to immediately go into effect upon the Governor’s signature. [HB 2017] PERSONAL PROPERTY TAX ASSESSMENT; CORRECTIONS (Laws 2001, Chapter 186) (Rep. May) Repeals two of the statutes enacted that were incorrectly drafted along with other modifications. The section related to Notice of Value is replaced with the 1999 law and requires each county treasurer to handle notices for property taxes due for the personal property tax roll. The section related to the certification of the unsecured personal property tax roll has been replaced with the 1999 version. [HB 2021] PROPERTY VALUATION; COMMON AREAS; AIRPORTS (Laws 2001, Chapter 65) (Rep. Robson and Pearce) The definition of common areas for tax valuation has been expanded to include airports. Airports, are defined as runways and taxiways used primarily by residents of the residential subdivision but may be designated by the Federal Aviation Administration as a reliever airport and receives no public funding. [HB 2025] UNIFORM COMMERCIAL CODE; SECURED TRANSACTIONS (Laws 2001, Chapter 102) (Rep. Leff) Numerous technical and clarifying changes are made to the Uniform Commercial Code (UCC) Secured Transactions statutes, as well as clarifying definitions and requirements for financing statements. The bill expands the definition of chattel paper to include security interest in specific goods and the licensing of associated software. Among other things, the bill establishes a pre-effective date financing statement. 2 HOUSE BILLS PASSED/ENACTED [HB 2040] POWER TRANSMISSION LINES; COMMITTEE; PROCEDURES S/E, NOW: LINE SITTING COMMITTEE; COMPENSATION; PENALTIES (Laws 2001, Chapter 104) (Rep. Hatch-Miller and 4; Sen. Valadez) Defines Current Planned Arizona Electric Transmission System. Entities planning to construct a power plant are required to submit an outlined plan ninety days prior to filing an application for a Certificate of Environmental Compatibility. The plan must include the location of the plant and capacity, the power output specifications, the type of fuel to be used, and analysis of the impact on the transmission systems. The bill allows committee members representing the public to be compensated by the Line Citing Committee. Information provided to the Corporation Commission is to be confidential. Disclosure of information is a class 2 misdemeanor. [HB 2042] MUNICIPAL BONDS; ELECTRONIC BIDDING (Laws 2001, Chapter 105) (Rep. Hatch-Miller and 6; Sen. Valadez) Allows for the selling of bonds by counties and municipalities via the process of electronic bidding. Bids for bonds sold through this process are to be concealed until a specified time or to be disclosed in an auction format. In addition to the technical and conforming changes, the bill permits bids for bonds that are sold through the electronic bidding process to be subject to improvement in favor of a municipality at a specific time. [HB 2043] STATE WEB SITES; PRIVACY STATEMENTS (Laws 2001, Chapter 269) (Rep. Hatch-Miller and 7; Sen. Valadez) State agency web sites must contain a privacy statement that describes the agencies’ policies on how the information gathered by the site will be collected and used. [HB 2052] VEHICLES; TITLE AND REGISTRATION (Laws 2001, Chapter 325) (Rep. Cooley and 4) Requires the Arizona Department of Transportation Motor Vehicle Division (MVD) to issue a vehicle title to the lien holder not the buyer or owner of the vehicle. If there is no longer a lien on the vehicle, the vehicle title will be directly issued to the owner of the vehicle. MVD is to establish an electronic system for titles in lieu of paper documents. Appropriates $277,950 in FY 2001-2002 and $60,000 in FY 2002-2003. 3 HOUSE BILLS PASSED/ENACTED [HB 2053] DRIVER LICENSES S/E NOW: DRIVER LICENSES; IGNITION INTERLOCK (Laws 2001, Chapter 274) (Rep. Cooley and 4; Sen. Martin) Adds changes to statutes affecting the issuance and suspension of driver’s licenses at the request of the Arizona Department of Transportation Motor Vehicle Division (MVD). The provision under HB 2182 pertaining to ignition interlock installation has been included and requires MVD to order a person convicted of an Extreme Driving Under the Influence (DUI), Aggravated DUI, or a second DUI within sixty months, install an Ignition Interlock Device (IID) for a twelve month period. In ARS Title 28, establishes a two year driver’s license suspension for anyone 18, 19, or 20 who is convicted of driving with any alcohol in their body. A judge may permit such a person to drive to and from work and school. [HB 2055] MVD; THIRD PARTY REIMBURSEMENT (Laws 2001, Chapter 326) (Rep. Cooley and 4; Sen. Martin) The Arizona Department of Transportation is required to reimburse authorized third parties no more than $4 for each VLT payment collected, $4 for driver licenses or permits, $1 or 2% of each irregular size vehicle registration, $1 for each motor vehicle record, and $5 for each tax report filing. Third parties are to post their charges in addition to the state’s charges. Motor vehicle records that are released to commercial entities or their authorized agents are not eligible for third party reimbursement. [HB 2056] LICENSED VEHICLE DEALERS (Laws 2001, Chapter 107) (Rep. Cooley and 2) The Arizona Department of Motor Vehicle Division requested numerous changes to statutes regarding motor vehicle dealers. The changes include examining a licensee’s records by the director or an authorized representative of a law enforcement agency, and not allowing a license to be transferable, salable, or eligible for reassignment. Other changes include increasing the department’s authority upon issuing a cease and desist order, and suspending temporary registration, dealer, and manufacturer plates. There are additional technical and conforming changes. [HB 2057] ADOT; UTILITY DAMAGE AGREEMENTS (Laws 2001, Chapter 108) (Rep. Cooley and 10; Sen. Brown and 2) The Arizona Department of Transportation (ADOT) is authorized to enter into contracts to compensate a utility company for damages that increase the costs of maintenance due to changes incurred by a utility company for the accommodation of a transportation facility. 4 HOUSE BILLS PASSED/ENACTED [HB 2075] MILITARY AIRPORT REUSE COMMITTEE; REPEAL (Laws 2001, Chapter 114) (Rep. Jarrett) Repeals the Joint Legislative Military Reuse Committee. Military facilities that were closed after 1990 are the only facilities able to establish a Joint Powers Airport Authority. A military reuse zone is now designated as a closed military facility with a runway that is at least 8000 feet long. [HB 2092] BUSINESS INCOME ALLOCATION, SALES FACTOR S/E, NOW: COUNTY JAIL DISTRICTS; COSTS; REIMBURSEMENT (Laws 2001, Chapter 209) (Rep. Huffman and 6; Sen. Hellon) County jail districts are added to the list of districts that the county board of supervisors may require reimbursement to the county for the cost of providing services to the districts. Allows the county jail districts to pay the county for the cost of services they do not handle themselves except for the services the counties are required to provide. [HB 2123] BIODEIESEL; GOVERNMENT FLEETS (Laws 2001, Chapter 70) (Rep. Carpenter) Public sector fleets are now required to meet their total plan of alternative clean burning fuel mandates using biodiesel. [HB 2134] CREDIT CARD TRANSACTIONS; RECEIPTS; FRAUD (Laws 2001, Chapter 188) (Rep. May) Limits credit card numbers that appear on receipts to only the last five digits. No longer allows the credit card expiration date to be electronically printed on receipts. Any violation of credit card regulations may be investigated by the Arizona Attorney General. [HB 2157] INTERGOVERNMENTAL AGREEMENTS; PROCEDURE; LIMITAION (Laws 2001, Chapter 125) (Rep. Brimhall) Intergovernmental agreements are able to form a separate legal entity in order to exercise powers that were jointly held by contracting parties of an intergovernmental agreement. Specific information is required upon formation of the entity that must specify the precise organization, composition, title and nature of the entity. 5 HOUSE BILLS PASSED/ENACTED [HB 2181] SUSPENDED DRIVER LICENSE ENFORCEMENT S/E, NOW: SCHOOL BUS DRIVERS; REQUIREMENTS (Laws 2001, Chapter 126) (Rep. Gray and Anderson; Sen. Hamilton) Requires that each applicant for a school bus driving certificate must submit fingerprints to the Arizona Department of Public Safety (DPS) for a criminal background check. The fingerprints are to be submitted to the FBI in order to match Arizona’s statute with FBI standards. Also makes clear that a school bus driver is to use flashing warning signal lights for departure and boarding purposes. [HB 2182] DUI; IGNITION INTERLOCK DEVICES S/E, NOW: IGNITION INTERLOCK DEVICES; DUI (Laws 2001, Chapter 253) (Rep. Gray and Anderson) Requires that an ignition interlock device (IID) be used for 12 months going into effect on the date of conviction for a DUI offense or on the conclusion of license suspension or revocation, depending on what occurs later. [HB 2229] RENTAL TRUCK; TRAILERS; SURCHARGE (Laws 2001, Chapter 147) (Rep. Pearce) Trucks, trailers, and semi-trailers used for transporting personal property are to be recognized as rental vehicles and subject to the rental vehicle surcharge. [HB 2277] RED LIGHTS; VIOLATIONS; PROCEDURES S/E, NOW: TRAFFIC LIGHTS; VIOLATIONS; PROCEDURES (Laws 2001, Chapter 190) (Rep. Voss and 3; Sen. Richardson) Fines for traffic violations including red light running, stop sign running, and illegal left turns are to be retained at current statutory levels. A person who commits one of these violations is required to attend Traffic Survival School if they are ineligible to attend Defensive Driving School. The Governor’s Highway Safety Team is to issue a report on methods that will reduce these types of traffic violations. 6 HOUSE BILLS PASSED/ENACTED [HB 2327] IDENTITY THEFT S/E, NOW: IDENTITY THEFT; REVISIONS (Laws 2001, Chapter 113) (Rep. Marsh) The definition of falsely alters a written instrument has been expanded to include counterfeiting, washing and connecting different parts of the whole of more than one genuine instrument. The definition of personal identifying information has also expanded to include savings or checking account number, credit card or debit card number, mother’s maiden name, fingerprint, retina image or iris. The crime of taking the identity of another person now includes selling or transferring personal identifying information of another person. Removed, is the language concerning whether a victim did or did not suffer an economic loss. [HB 2337] STATE CREDIT CARD USE; DEFINTIONS (Laws 2001, Chapter 354) (Rep. Marsh and Hatch-Miller) Allows state agencies, already accepting credit cards or charge cards as way of payment, to determine whether there will be discount fees, convenience fees, or transaction fees, except in payments for occupational, business, or motor vehicle fees and licensing. The deduction of convenience fees is determinable by the agency. [HB 2355] WATER; SEWER; CONSTRUCTION PROCUREMENT EXCEPTION (Laws 2001, Chapter 77) (Rep. Flake and 3; Sen. Brown) The total cost of a water or sewer project for procurement purposes shall not include work done by volunteers and donations. [HB 2370] TRAFFIC ACCIDENTS; CLEARANCE; HOV LANE (Laws 2001, Chapter 337) (Rep. Cooley and 7; Sen. Brown) Specifies a number of penalties and requirements regarding highway work zones and motor vehicle accidents. Drivers of vehicles involved in an accident on a divided highway are to safely move the vehicle to the shoulder of the road if able and if there are no apparent serious physical injuries. Quick-clearance of traffic accidents are prescribed. Specific standards for using traffic-control devices in highway work zones are to be adopted by the Arizona Department of Transportation. 7 HOUSE BILLS PASSED/ENACTED [HB 2371] CONTRACTORS; ADVERTISEMENTS; VIOLATIONS; TELECOMMUNICATIONS SERVICE S/E, NOW: ADVERTISEMENTS; CONTRACTORS; CONSUMER FRAUD (Laws 2001, Chapter 78) (Rep. Cooley and 11; Sen. Brown and Martin) The strike everything amendment requires unlicensed persons performing jobs to disclose their unlicensed status or face criminal prosecution for a violation of the Consumer Fraud Act. The words not a licensed contractor must be included in their advertising and be made available to the public. A licensee’s contracting license shall include the acronym ROC before the license number. [HB 2372] MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT (Laws 2001, Chapter 54) (Rep. Cooley and 9; Sen. Brown) Conforming changes to the multistate highway transportation agreement as well the method for choosing representatives for the cooperating committee have been incorporated. [HB 2377] INTERGOVERNMENTAL PUBLIC TRANSPORTATION DISTRICTS (Laws 2001, Chapter 148) (Rep. Cooley and 8; Sen. Brown) Intergovernmental public transportation authority (IGPTA) may organize in any county with a population of 400K or less. Provides IGPTA with the ability to design, operate, and maintain the public transportation system in the authority. The bill outlines the organization powers and duties of the governing body of the authority as well. [HB 2425] DESIGN-BUILD; CLEANUP (Laws 2001, Chapter 227) (Rep. Nelson) Various statutes are modified regarding procurement methods available to both state and local government agencies for professional and construction services. In 2000, HB 2340 was passed, which codified the pilot program of design-build for ADOT. Included are numerous technical and clarification changes. [HB 2426] ENVIRONMENT; WATER QUALITY; AZPDES PROGRAM (Laws 2001, Chapter 357) (Rep. Huffman and 11; Sen. Guenther and Brown) The director of the Department of Environmental Quality (DEQ) is to adopt rules for establishing an Arizona Pollutant Discharge Elimination Program (AZPDES) that is consistent, but not stricter than or in conflict with the National Pollutant Discharge Elimination System (NPDES). Requires consistency with the federal Clean Water Act. Clarifies rules for pre-treatment programs, sewage sludge programs, and conditions for imposing penalties for violations. 8 HOUSE BILLS PASSED/ENACTED [HB 2447] ANTITRUST EXEMPTION; TELECOMMUNICATION SERVICES (Laws 2001, Chapter 50) (Rep. Brotherton and 3; Sen. Bundgaard) Competitive telecommunication services are excluded from being exempted form the uniform state antitrust act because of this bill. A disclaimer is included that states the exemption does not intend to address the legality of contracts between telecommunication service providers and owners or managers of large buildings or residential apartment complexes. [HB 2449] AIR QUALITY; CARB DIESEL (Laws 2001, Chapter 229) (Rep. Allen) Every diesel vehicle registered in the state weighing over 8,500 pounds will require a $10 fee and every person subject to an apportioned fee. The fees collected are to be deposited into the Voluntary Vehicle Repair and Retrofit Fund (VVRR). The purpose of this funding program is to include grants for vehicle repair and retrofit to diesel vehicles that fail emission testing. In FY2002 and FY2003, VVRR revenues will increase by at least $1,890,000 according to estimates by the Department of Transportation Division of Motor Vehicle. [HB 2473] EXTREME DUI; ALCOHOL CONCENTRATION (Laws 2001, Chapter 51) (Rep. Gray and 41; Sen. Bundgaard and 17) Any person operating or controlling a vehicle with a Blood Alcohol Content (BAC) of 0.15 or more is guilty of driving while under the extreme influence of intoxicating liquor. This bill lowers the BAC from 0.18 to 0.15. Contains an emergency clause, therefore becomes effective upon signature of the Governor. [HB 2486] RECREATIONAL VEHICLES; LENGTH RESTRICTIONS (Laws 2001, Chapter 52) (Rep. Cooley and 9; Sen. Aguirre and 2) The maximum allowable length for a recreational vehicle is extended to 45 feet. Recreational vehicle is defined as a motor home providing living quarters for camping or any other recreational travel and is a part of a self-propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the complete vehicle. 9 HOUSE BILLS PASSED/ENACTED [HB 2496] PREVENTION OF CHILD ABUSE FUND (Laws 2001, Chapter 171) (Rep. Cooley and 22) Requires the governor’s office to forward all monies from the prevention of child abuse fund to a private foundation each year. The private foundation must then match all or a portion of the monies in the fund. Eliminates the requirement for a statewide entity to receive child abuse prevention fund monies. The Division for Children in the Governor’s Office is to submit a report each year on all expenditures, grants, and remaining balance in the fund by December 31. The report is to be sent to the Governor, the President of the Senate, and the Speaker of the House of Representatives. A list of all grants awarded is to be made available to the public by the director of the Division of Children in the Governor’s Office. [HB 2521] ARIZONA MEXICO COMMISION; DATA; COOPERATION (Laws 2001, Chapter 231) (Rep. Soltero and 18) Allows various state agencies to cooperate with the Arizona Mexico commission in collecting data that relates to quality of life, trade and economic development of Arizona and Mexico, and enhances the economic competitiveness of the Arizona-Mexico region. These agencies include the departments of agriculture, education, economic security, transportation, health services, environmental quality, corrections, commerce, public safety, and game and fish. The Arizona Health Care Cost Containment System and the Arizona Office of Tourism are included as well. [HB 2535] APPROPRIATIONS; GOVERNMENT BUILDING DEFIBRILLATORS (Laws 2001, Chapter 308) (Rep. Hatch-Miller and 8; Sen. J. Lopez and 2) $50,000 in FY 2001- 2002 and $50,000 in FY 2002-2003 is appropriated to install automated external defibrillators in state and local government buildings. The monies are appropriated from the emergency medical services operating fund to the Department of Administration (DOA). A report on recommended locations is due on November 1, 2001 and must be submitted to the Governor, Speaker of the House, and President of the Senate. 10 HOUSE BILLS PASSED/ENACTED [HB 2538] BROWN CLOUD STUDY; AIR QUALITY (Laws 2001, Chapter 371) (Rep. Allen) Recommendations from the Governor’s Brown Cloud Summit are implemented. Repeals the Clean Air Fund (CAF) after June 30, 2003 and terminates the in lieu fee for emissions testing on that date. Expands Area A boundary that includes most of Maricopa and parts of Pinal and Yavapai Counties. Requires any part of Area A to adopt and enforce idle-time ordinances for heavy diesel vehicles with exceptions. Requires the director of the Department of Environmental Quality to create a “daily visibility index” in Area A to measure visibility results by the end of 2003. The method to evaluate “blue sky days” uses a range of 25 miles of visibility with a goal of 275 days in 2003. Requires the director of the Department of Transportation to develop a plan for greater use of bypass routes during periods when visibility in the Phoenix Metro- Area is poor. [HB 2582] PROCUREMENT; ON-LINE BIDDING (Laws 2001, Chapter 375) (Rep. Voss and 6) Public agencies are authorized to obtain bids for goods, services, construction, and information services using electronic bidding. An opening date and time are to be designated, and allows the closing date and time to be fixed or to remain open. Public agencies are authorized to require bidders to register before the bid, specify terms, and establish other requirements. All public bids are to be made public information. An emergency clause to the bill allows it to go into effect immediately after the Governor’s signature. [HB 2631] GENERAL APPROPRIATIONS ACT (Laws 2001, Chapter 236) (Rep. Knaperek and 19) The general appropriations bill for FY 2002 appropriates $6,142,707,500 from the state General Fund (GF) and $1,715,204,700 from other state funds (OF). For FY 2003, the bill appropriates $6,453,944,100 from the GF and $ 1,756,924,500 from the OF in order to fund the maintenance and operations of each state agency and public schools. For the biennium, GF appropriations equals $12,596,651,600 and OF appropriations equals $3,472,129,200. 1 1 TRANSPORTATION-RELATED LEGISLATION SENATE BILLS ENACTED INTO LAW 45TH Legislature, 1st Regular Session Arizona Department of Transportation Legislative Final Summary • Note – Arizona Legislative Information Systems (ALIS) and Legislation On Line in Arizona (LOLA) were important sources in compiling the following summaries. [SB 1010] MOTOR VEHICLE INSURANCE; NONCANCELLATION (Laws 2001, Chapter 239) (Sen. Cirillo) Allows insurance companies to transfer policyholders on review of their driving record from one policy to another without limitation to the insured’s policy. A transferred policyholder who commits moving violations and at-fault accidents, may be transferred to another affiliated insurance company. Makes clear that the excluded or transferred insured’s driving record cannot be used to determine rates, surcharges, or premiums for other drivers. An insurance company cannot cancel or not renew an insured policy based on the person’s residence, age, race, color religion, sex, sexual orientation, marital status, national origin, ancestry, or driving record. [SB 1037] MOTORCYCLE SAFETY FUND; ESTABLISHMENT (Laws 2001, Chapter 316) (Sen. Smith and 5; Rep. Avelar and 3) Establishes a motorcycle safety fund to pay for motorcycle safety, education, and awareness programs. Transfers $1 of each motorcycle registration fee from the state highway fund to the motorcycle safety fund until it reaches $150,000. [SB 1089] ALCOHOL OFFENSES; 0.08 ALCOHOL CONCENTRATION (Laws 2001, Chapter 95) (Sen. Nichols and 4; Rep. Landrum) Changes the Blood Alcohol Concentration of .10 to .08. It makes it unlawful for a person to operate a watercraft or motor vehicle with a BAC of .08 or more. This legislation contains an intent clause stating that its intention was to conform to the recommendation of the National Safety Council. States that are in non-compliance with the established national standard set by Congress are at risk in losing a portion of their federal highway funds each year beginning FY 2004. In order to have their funds restored to the state’s apportionment, States have until FY 2007 to comply. Contains a delayed effective date of August 31, 2001. [SB 1104] APPROPRIATION; UNDERGROUND STORAGE TANK PROGRAM (Laws 2001, Chapter 272) (Sen. Bowers and Richardson) $500,000 is to be appropriated to the Department of Environmental Quality (DEQ) in FY 2002-2003 for paying partial coverage of repairing leaking underground storage tanks. The appropriation shall not be used for administrative costs. 1 2 SENATE BILLS PASSED/ENACTED [SB 1111] COUNTY TREASURERS; PROCEDURES (Laws 2001, Chapter 28)(Sen. Mitchell and 11) Changes are made to the statutes governing authority of county and other local government treasurers (not state treasurers). The list of a treasurer’s eligible investment is expanded. School districts that have assumed accounting responsibility are to be included as an eligible designee in preference of payment of warrants. [SB 1137] EXTREME DUI; ALCOHOL CONCENTRATION S/E, NOW: SUSPEDED DRIVER LICENSES; VEHICLE IMPOUNDMENT (Laws 2001, Chapter 377) (Sen. Hamilton and 11) Allows a peace officer to impound a vehicle of a person driving on a revoked license or on a suspended license for driving under the influence (DUI). Makes clear that the vehicle owner is responsible for paying all towing costs, storage, and other impoundment charges unless the vehicle was stolen and theft was reported to the proper law enforcement agency. [SB 1174] ABANDONED VEHICLES; PAYMENT OF COSTS (Laws 2001, Chapter 210) (Sen. Richardson and 11; Rep. Voss and 2) Requires a property owner to be reimbursed for the costs incurred for storage of an abandoned vehicle by the vehicle owner. Law enforcement agencies are exempt from paying the property owner for storage and filing costs if by law the agency is authorized or required to remove the vehicle. Reimbursement of abandoned vehicle storage costs or filing fees is required to a property owner in counties of 400,000 persons or less. Allows off-duty officers and others to determine if a vehicle is stolen. [SB 1177] DEPARTMENT OF WEIGHTS AND MEASURES (Laws 2001, Chapter 164) (Sen. Bennett and 3) The definition of registered service agency and representative is expanded to include testing or repair to vapor recovery systems or components. The bill also modifies the definition of retail seller to include sellers of any package or commodity by weight, measure, or count. The Department of Weights and Measures shall not be permitted to inspect meters at federal, state, and local agencies unless requested to do so. SENATE BILLS PASSED/ENACTED 1 3 [SB 1193] TRAILERS; SEMITRAILERS; PERMANENT REGISTRATION (Laws 2001, Chapter 154) (Sen. Daniels and Aguirre) A one-time registration and vehicle license tax fee for trailers or semitrailers exceeding 10,000 pounds gross vehicle weight (GVW) is established. The initial one-time registration fee is $245 and one-time tax is $555. The registration renewal fee is $145 and the renewal tax is $355. $180,000 is appropriated from the state highway fund in FY 2001-2002 to the Arizona Department of Transportation (ADOT) for implementation costs. Delays the effective date to August 31, 2001. [SB 1217] VENTURE TEAMS; REPEAL (Laws 2001, Chapter 98) (Sen. Aguirre and 2; Rep. Avelar and Loredo) Venture teams of the Arizona Department of Corrections (ADC), the Arizona Department of Economic Security (DES), and the Arizona Department of Transportation (ADOT) are repealed. [SB 1218] GRAND CANYON AIRPORT; LEASE (Laws 2001, Chapter 99) (Sen. Aguirre and Jackson; Rep. Avelar) Removes the 20 year limit to enter into a lease and the 20 year option to renew leases with the Grand Canyon national park airport. The nonprofit corporation leasing the Grand Canyon national park airport is exempt from statutory code on highways, property liens, the personnel system, and rule making procedures or the procurement code. An emergency clause is included, therefore becoming effective upon signature of the Governor. [SB 1243] APPROPRIATIONS; HIGHWAY PATROL (Laws 2001, Chapter 1) (Sen. Aguirre and 2; Rep. Avelar) Appropriates roughly $26 million to the Department of Public Safety (DPS) for FTEs. The amount appropriated from the highway-user revenue fund (HURF) to DPS is intended for additional hires, overtime pay, and highway patrol vehicle replacement. Contains an emergency clause, which upon signature of the Governor, goes into effect immediately. [SB 1251] FLIGHT PROPERTY TAX REVENUE DISTRIBUTION S/E, NOW: FLIGHT PROPERTY TAX REVENUE (Laws 2001, Chapter 286) (Sen. Cirillo) Fifty per cent of the flight property tax is to be deposited into the aviation fund. Beginning July 1, 2003, 100 per cent of the revenues will go to the aviation fund. In any FY, not one airport is to receive more than ten per cent of the total aviation fund. SENATE BILLS PASSED/ENACTED 1 4 [SB 1271] FUEL TAXES; REVISIONS (Laws 2001, Chapter 287) (Sen. Aguirre; Rep. Avelar) Makes multiple technical and conforming changes to current statutory provisions regarding fuel suppliers, vendors, and fuel consumers by establishing a structure under Title 28. Specifies the particular agencies that have enforcement authority pertaining to regulation of fuel suppliers, vendors, and reporting. Changes the definition of motor fuel to include gasoline, diesel, and aviation among other clarifying changes. [SB 1272] ADOT; PROPERTY; RIGHT OF WAY (Laws 2001, Chapter 100) (Sen. Aguirre; Rep. Avelar) Changes are made to the processes and authority that the Arizona Department of Transportation (ADOT) has involving the disposal of excess land owned by the Department including environmental mitigation and banking credits. Gives the Director authority to sell property by direct sale if the property fails to sell at auction for the low appraisal amount. If the unneeded property is unable to sell for the low appraisal amount, it can then be sold at a price as low as or equal to 80 percent of the low appraisal amount. In the case that more than one person makes an offer at or above the 80 percent level, another auction must be held. The bill also eliminates new provisions concerning telecommunications lease issues. In addition, the bill eliminates proposed Department exemption regarding notification to cities, towns, or counties relating to abandonment of street improvements and reconnections when a highway is completed, but a 120 day advanced notice must be given by the Department. [SB 1286] GOVERNMENT EMPLOYEE HEALTH INSURANCE (Laws 2001, Chapter 288) (Sen. Solomon) Increases the statutory expenditure amount that can be spent on state health and accident coverage for state employees and their dependents to $500 from $215 for individual coverage and $1,200 from $460 for married couples and family coverage. [SB 1332] STATE GOVERNMENT, TECHNICAL CORRECTIONS S/E, NOW: EMINENT DOMAIN STUDY COMMITTEE (Laws 2001, Chapter 150) (Sen. Mitchell) Establishes a nine member study committee on eminent domain to review and make recommendations concerning eminent domain procedural and compensation issues including comparison of state and local eminent domain laws as well as how Arizona’s eminent domain laws compare to other western states’ laws. There are a total of ten related issues. SENATE BILLS PASSED/ENACTED 1 5 [SB 1349] HURF DISTRIBUTION ADJUSTMENTS S/E, NOW: HURF ALLOCATION ADJUSTMENTS (Laws 2001, Chapter 40) (Sen. Arzberger and 6) The Arizona Department of Transportation is required to make adjustments to the Highway User Revenue Fund (HURF) and vehicle license tax (VLT) allocations that do not exceed twenty-five percent each month. In the case that an overage occurs in HURF and VLT allocations, ADOT is required to reduce the monthly allocation by the amount of the overage as long as the remaining amount is at least 75 percent of the original allocation. [SB 1369] VEHICLE LAWS; DIPLOMATIC IMMUNITIES; PRIVILEDGES (Laws 2001, Chapter 206) (Sen. Guenther and Aguirre) Establishes a requirement for law enforcement officers to obtain verification of a driver’s status by the State department and submit a report on moving violations committed by foreign diplomats to the Department of Public Safety within five business days. The Department of Public Safety is responsible for records retention and reporting the incidents to the US Department of State within another five business days upon receiving report of the incident. [SB 1371] DIESEL PROGRAM; APPLICATION PRIORITY; CORRECTION (Laws 2001, Chapter 179) (Sen. Guenther) Permanently places a one-year moratorium of the 6th special session legislation on the issuance of grants for the alternative fuel vehicle (AFV) program, which includes the purchase or conversion of alternative fuel vehicles and AFV fuel delivery systems. Contracts and purchase orders for purchase or conversion of a vehicle must have been made before October 20, 2000 to be considered eligible. If contracts and purchase orders are eligible, grants may be made until October 1, 2001 for conversion or replacement of diesel vehicles, but no more than $6.5 million can be distributed. After FY 2000-2001, no clean air fuel grants are to be made. The method to calculate mandated alternative fuel is changed as well as the definition of “new” vehicle. An emergency clause has been added, therefore the bill will immediately go into effect upon the Governor’s signature. [SB 1400] SALES TAX; ARIZONA HIGHWAYS (Laws 2001, Chapter 36) (Sen. Bundgaard) Provides an exemption from transaction privilege taxation (TPT) for leased or rented promotional materials used on publications to encourage tourism. SENATE BILLS PASSED/ENACTED 1 6 [SB 1429] HYBRID VEHICLES; HOV LANE USE (Laws 2001, Chapter 168) (Sen. Blanchard and 8; Rep. Burton Cahill Rep.) Permits persons driving hybrid vehicles to use the High Occupancy Vehicle (HOV) lanes without requiring a certain number of passengers in the vehicle, provided that the federal government approves. A Hybrid Vehicle is one that is factory manufactured to be less fuel consuming and energy efficient. It must also receive approval by the US Environmental Protection Agency (EPA) as meeting the minimum ultra low emission standard. A person owning a hybrid vehicle is eligible to apply for an alternative fuels plate and hybrid vehicle sticker for privilege to use the HOV lanes regardless of passenger number. [SB 1436] CHILD SUPPORT; EMPLOYER COOPERATION (Laws 2001, Chapter 121) (Sen. Petersen) As part of a support or maintenance proceeding, employers are forced to cooperate with a child support enforcement entity when requesting information. All requests would now be part of the proceeding and not the order. The bill also specifies what information may be identified and located. [SB 1455] AIR QUALITY; ORDER OF ABATEMENT (Laws 2001, Chapter 292) (Sen. Guenther and 2; Rep. Huffman and 5) Changes current statutes regarding state and county order of abatement, which prohibits renewals of orders. Allows the order to be renewable, no more than a year, through the Director of the Department of Environmental Quality (DEQ) or a County Control Officer if good cause is presented. [SB 1525] PRESERVATION OF MILITARY AIRPORTS (Laws 2001, Chapter 23) (Sen. Hamilton and Bowers) Legislation that was adopted in 2000 required the Attorney General (AG) to enforce planning, zoning, and sound requirements within a territory in the area of military airports. It also established civil penalties for noncompliance. This bill enhances the notification requirements of proposed development in the area of military airports as well as reduces the size and scope of the area responsible for reporting to the AG about the compliance of military airport compatibility. Among other things, the bill also requires property owners in a high noise and accident potential zone to notify potential buyers or renters about the property status and requirements of military airport compatibility. SENATE BILLS PASSED/ENACTED 1 7 [SB 1544] COUNTY ROAD CONSTRUCTION FINANCE (Laws 2001, Chapter 184) (Sen. Verkamp; Rep. O’Halleran and 2) Section 48-986.01 was added allowing the county board of supervisors to establish a revolving fund to finance infrastructure construction in unincorporated areas of the county. Allows the county to advance monies from the county general fund to finance infrastructure totaling costs no more than $300,000 and stipulates the advance may be through bond purchases or other indebtedness not to exceed ten year repayment terms. Interest accumulated on any advance must be paid by the district. 18 TRANSPORTATION-RELATED LEGISLATION ENACTMENTS SORTED BY BILL NUMBER 45TH Legislature, 1st Regular Session Arizona Department of Transportation Legislative Final Summary HOUSE BILLS BILL # SHORT TITLE CHAPTER LAW # HB 2011 NITROUS OXIDE; CONTAINERS CHAPTER 145 HB 2017 PERSONAL PROPERTY TAX ASSESSMENT; CORRECTIONS CHAPTER 186 HB 2021 PROPERTY VALUATION; COMMON AREAS; AIRPORTS CHAPTER 65 HB 2025 UNIFORM COMMERCIAL CODE; SECURED TRANSACTIONS CHAPTER 102 HB 2040 LINE SITTING COMMITTEE; COMPENSATION; PENALTIES CHAPTER 104 HB 2042 MUNICIPAL BONDS; ELECTRONIC BIDDING CHAPTER 105 HB 2043 STATE WEB SITES; PRIVACY CHAPTER 269 HB 2052 VEHICLES; TITLE AND REGISTRATION CHAPTER 325 HB 2053 DRIVER LICENSES; IGNITION INTERLOCK CHAPTER 274 HB 2055 MVD; THIRD PARTY REIMBURSEMENT CHAPTER 326 HB 2056 LICENSED VEHICLE DEALERS CHAPTER 107 HB 2057 ADOT; UTILITY DAMAGE AGREEMENTS CHAPTER 108 HB 2075 MILITARY AIRPORT REUSE COMMITTEE; REPEAL CHAPTER 114 HB 2092 COUNTY JAIL DISTRICTS; COSTS; REIMBURSEMENT CHAPTER 209 HB 2123 BIODIESEL; GOVERNMENT FLEETS CHAPTER 70 HB 2134 CREDIT CARD TRANSACTIONS; RECEIPTS; FRAUD CHAPTER 188 HB 2157 INTERGOVERNMENTAL AGREEMENTS; PROCEDURE; LIMITATION CHAPTER 125 HB 2181 SCHOOL BUS DRIVERS; REQUIREMENTS CHAPTER 126 HB 2182 IGNITION INTERLOCK DEVICES; DUI CHAPTER 253 HB 2229 RENTAL TRUCK; TRAILERS; SURCHARGE CHAPTER 147 HB 2277 TRAFFIC LIGHTS; VIOLATIONS; PROCEDURES CHAPTER 19 19 TRANSPORTATION-RELATED LEGISLATION ENACTMENTS SORTED BY BILL NUMBER 45TH Legislature, 1st Regular Session Arizona Department of Transportation Legislative Final Summary HOUSE BILLS BILL # SHORT TITLE CHAPTER LAW # HB 2327 IDENTITY THEFT; REVISION CHAPTER 113 HB 2337 STATE CREDIT CARD USE; DEFINTIONS CHAPTER 354 HB 2355 WATER; SEWER; CONSTRUCTION PROCUREMENT; EXCEPTION CHAPTER 77 HB 2370 TRAFFIC ACCIDENTS; CLEARANCE; HOV LANE CHAPTER 337 HB 2371 ADVERTISEMENTS; CONTRACTORS; CONSUMER FRUAD CHAPTER 78 HB 2372 MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT CHAPTER 54 HB 2377 INTERGOVERNMENTAL PUBLIC TRANSPORTATION DISTRICTS CHAPTER 148 HB 2425 DESIGN-BUILD CLEANUP CHAPTER 227 HB 2426 ENVIRONMENT; WATER QUALITY; AZPDES PROGRAM CHAPTER 357 HB 2447 ANTITRUST EXEMPTION; TELECOMMUNICATION SERVICES CHAPTER 50 HB 2449 AIR QUALITY FEE; DIESEL CHAPTER 229 HB 2473 EXTREME DUI; ALCOHOL CONCENTRATION CHAPTER 51 HB 2486 RECREATIONAL VEHICLES; LENGTH RESTRICTIONS CHAPTER 52 HB 2496 PREVENTION OF CHILD ABUSE FUND CHAPTER 171 HB 2521 ARIZONA-MEXICO COMMISION; DATA; COOPERATION CHAPTER 231 HB 2535 APPROPRIATIONS; GOVERNMENT BUILDING DEFIBRILLATORS CHAPTER 308 HB 2538 BROWN CLOUD STUDY; AIR QUALITY CHAPTER 371 HB 2582 PROCUREMENT; ON-LINE BIDDING CHAPTER 375 HB 2631 GENERAL APPROPRIATIONS CHAPTER 236 20 TRANSPORTATION-RELATED LEGISLATION ENACTMENTS SORTED BY BILL NUMBER 45TH Legislature, 1st Regular Session Arizona Department of Transportation Legislative Final Summary SENATE BILLS BILL # SHORT TITLE CHAPTER LAW # SB 1010 MOTOR VEHICLE INSURANCE; NON-CANCELLATION CHAPTER 239 SB 1037 MOTORCYCLE SAFETY FUND; ESTABLISHMENT CHAPTER 316 SB 1089 ALCOHOL OFFENSES; 0.08 ALOCHOL CONCENTRATION CHAPTER 95 SB 1104 APPROPRIATION; UNDERGROUND STORAGE TANK PROGRAM CHAPTER 272 SB 1111 COUNTY TREASURERS; PROCEDURES CHAPTER 28 SB 1137 SUSPENDED DRIVER LICENSES; VEHICLE IMPOUNDMENT CHAPTER 377 SB 1174 ABANDONED VEHICLES; PAYMENT OF COSTS CHAPTER 210 SB 1177 DEPARTMENT OF WEIGHTS AND MEASURES CHAPTER 164 SB 1193 TRAILERS; SEMITRAILERS; PERMANENT REGISTRATION CHAPTER 154 SB 1217 VENTURE TEAMS; REPEAL CHAPTER 98 SB 1218 GRAND CANYON AIRPORT; LEASE CHAPTER 99 SB 1243 APPROPRIATIONS; HIGHWAY PATROL CHAPTER 1 SB 1251 FLIGHT PROPERTY TAX REVENUES CHAPTER 286 SB 1271 FUEL TAXES; REVISIONS CHAPTER 287 SB 1272 ADOT; PROPERTY; RIGHT-OF-WAY CHAPTER 100 SB 1286 GOVERNMENT EMPLOYEE HEALTH INSURANCE CHAPTER 288 SB 1332 EMINENT DOMAIN STUDY COMMITTEE CHAPTER 150 21 TRANSPORTATION-RELATED LEGISLATION ENACTMENTS SORTED BY BILL NUMBER 45TH Legislature, 1st Regular Session Arizona Department of Transportation Legislative Final Summary SENATE BILLS BILL # SHORT TITLE CHAPTER LAW # SB 1349 HURF ALLOCATION ADJUSTMENTS CHAPTER 40 SB 1369 VEHICLE LAWS; DIPLOMATIC IMMUNITIES; PRIVILEGES CHAPTER 206 SB 1371 DIESEL PROGRAM; APPLICATION PRIORITY; CORRECTION CHAPTER 179 SB 1400 SALES TAX; ARIZONA HIGHWAYS CHAPTER 36 SB 1429 HYBRID VEHICLES; HOV LANE USE CHAPTER 168 SB 1436 CHILD SUPPORT; EMPLOYER COOPERATION CHAPTER 121 SB 1455 AIR QUALITY; ORDER OF ABATEMENT CHAPTER 292 SB 1525 PRESERVATION OF MILITARY AIRPORTS CHAPTER 23 SB 1544 COUNTY ROAD CONSTRUCTION FINANCE CHAPTER 184 22 TRANSPORTATION-RELATED LEGISLATION ENACTMENTS SORTED BY CHAPTER LAW # 45th Legislature, 1st Regular Session Arizona Department of Transportation Legislative Final Summary CHAPTER LAW # SHORT TITLE BILL # CHAPTER 1 APPROPRIATIONS; HIGHWAY PATROL SB 1243 CHAPTER 23 PRESERVATION OF MILITARY AIRPORTS SB 1525 CHAPTER 28 COUNTY TREASURERS; PROCEDURES SB 1111 CHAPTER 36 SALES TAX; ARIZONA HIGHWAYS SB 1400 CHAPTER 40 HURF ALLOCATION ADJUSTMENTS SB 1349 CHAPTER 50 ANTITRUST EXEMPTION; TELECOMMUNICATION SERVICES HB 2447 CHAPTER 51 EXTREME DUI; ALCOHOL CONCENTRATION HB 2473 CHAPTER 52 RECREATIONAL VEHICLES; LENGTH RESTRICTIONS HB 2486 CHAPTER 54 MULTISTATE HIGHWAY TRANSPORTATION AGREEMENT HB 2372 CHAPTER 65 PROPERTY VALUATION; COMMON AREAS; AIRPORTS HB 2021 CHAPTER 70 BIODIESEL; GOVERNMENT FLEETS HB 2123 CHAPTER 77 WATER; SEWER; CONSTRUCTION PROCUREMENT; EXCEPTION HB 2355 CHAPTER 78 ADVERTISEMENTS; CONTRACTORS; CONSUMER FRAUD HB 2371 CHAPTER 95 ALCOHOL OFFENSES; 0.08 ALCOHOL CONCENTRATION SB 1089 CHAPTER 98 VENTURE TEAM; REPEAL SB 1217 CHAPTER 99 GRAND CANYON AIRPORT; LEASE SB 1218 CHAPTER 100 ADOT; PROPERTY; RIGHT-OF-WAY SB 1272 CHAPTER 102 UNIFORM COMMERCIAL CODE; SECURED TRANSACTIONS HB 2025 CHAPTER 104 LINE SITTING COMMITTEE; COMPENSATION; PENALTIES HB 2040 CHAPTER 105 MUNICIPAL BONDS; ELECTRONIC BIDDING HB 2042 CHAPTER 107 LICENSED VEHICLE DEALERS HB 2056 23 TRANSPORTATION-RELATED LEGISLATION ENACTMENTS SORTED BY CHAPTER LAW # 45th Legislature, 1st Regular Session Arizona Department of Transportation Legislative Final Summary CHAPTER LAW # SHORT TITLE BILL # CHAPTER 108 ADOT; UTILITY DAMAGE AGREEMENTS HB 2057 CHAPTER 113 IDENTITY THEFT; REVISION HB 2327 CHAPTER 114 MILITARY AIRPORT REUSE COMMITTEE; REPEAL HB 2075 CHAPTER 121 CHILD SUPPORT; EMPLOYER COOPERATION SB 1436 CHAPTER 125 INTERGOVERNMENTAL AGREEMENTS; PROCEDURE; LIMITATION HB 2157 CHAPTER 126 SCHOOL BUS DRIVERS; REQUIREMENTS HB 2181 CHAPTER 145 NITROUS OXIDE; CONTAINERS HB 2011 CHAPTER 147 RENTAL TRUCK; TRAILERS; SURCHARGE HB 2229 CHAPTER 148 INTERGOVERNMENTAL PUBLIC TRANSPORTATION DISTRICTS HB 2377 CHAPTER 150 EMINENT DOMAIN STUDY COMMITTEE SB 1332 CHAPTER 154 TRAILERS; SEMITRAILERS; PERMANENT REGISTRATION SB 1193 CHAPTER 164 DEPARTMENT OF WEIGHTS AND MEASURES SB 1177 CHAPTER 168 HYBRID VEHICLES; HOV LANE USE SB 1429 CHAPTER 171 PREVENTION OF CHILD ABUSE FUND HB 2496 CHAPTER 179 DIESEL PROGRAM; APPLICATION PRIORITY; CORRECTION SB 1371 CHAPTER 184 COUNTY ROAD CONSTRUCTION FINANCE SB 1544 CHAPTER 186 PERSONAL PROPERTY TAX ASSESSMENT; CORRECTIONS HB 2017 CHAPTER 188 CREDIT CARD TRANSACTIONS; RECEIPTS; FRAUD HB 2134 CHAPTER 190 TRAFFIC LIGHTS; VIOLATIONS HB 2277 CHAPTER 206 VEHICLE LAWS; DIPLOMATIC IMMUNITIES; PRIVILEGES SB 1369 CHAPTER 209 COUNTY JAIL DISTRICTS; COSTS; REIMBURSEMENT HB 2092 24 CHAPTER 210 ABANDONED VEHICLES; PAYMENT OF COSTS SB 1174 CHAPTER 227 DESIGN-BUILD CLEANUP HB 2425 TRANSPORTATION-RELATED LEGISLATION ENACTMENTS SORTED BY CHAPTER LAW # 45TH Legislature, 1st Regular Session Arizona Department of Transportation Legislative Final Summary CHAPTER LAW # SHORT TITLE BILL # CHAPTER 229 AIR QUALITY FEE; DIESEL HB 2449 CHAPTER 231 ARIZONA-MEXICO COMMISSION; DATA; COOPERATION HB 2521 CHAPTER 235 CONDITIONAL APPROPRIATIONS; TAXATION; REVENUE FORECASTS HB 2637 CHAPTER 236 GENERAL APPROPRIATIONS HB 2631 CHAPTER 239 MOTOR VEHICLE INSURANCE; NON-CANCELLATION SB 1010 CHAPTER 247 PERFORMANCE BASED INCENTIVES PROGRAM HB 2262 CHAPTER 253 IGNITION INTERLOCK DEVICES; DUI HB 2182 CHAPTER 269 STATE WEB SITES; PRIVACY HB 2043 CHAPTER 272 APPROPRIATION; UNDERGROUND STORAGE TANK PROGRAM SB 1104 CHAPTER 274 DRIVER LICENSES; IGNITION INTERLOCK HB 2053 CHAPTER 286 FLIGHT PROPERTY TAX REVENUES SB 1251 CHAPTER 287 FUEL TAXES; REVISIONS SB 1271 CHAPTER 288 GOVERNMENT EMPLOYEE HEALTH INSURANCE SB 1286 CHAPTER 292 AIR QUALITY; ORDER OF ABATEMENT SB 1455 CHAPTER 308 APPROPRIATIONS; GOVERNMENT BUILDING DEFIBRILLATORS HB 2535 CHAPTER 316 MOTORCYCLE SAFETY FUND; ESTABLISHMENT SB 1037 CHAPTER 325 VEHICLES; TITLE AND REGISTRATION HB 2052 CHAPTER 326 MVD; THIRD PARTY REIMBURSEMENT HB 2055 CHAPTER 337 TRAFFIC ACCIDENTS; CLEARANCE; HOV LANE HB 2370 CHAPTER 354 STATE CREDIT CARD USE; DEFINITIONS HB 2337 CHAPTER 357 ENVIRONMENT; WATER QUALITY; AZPDES PROGRAM HB 2426 25 CHAPTER 371 BROWN CLOUD STUDY; AIR QUALITY HB 2538 CHAPTER 375 PROCUREMENT; ON-LINE BIDDING HB 2582 CHAPTER 377 SUSPENDED DRIVER LICENSES; VEHICLE IMPOUNDMENT SB 1137 25 45th Legislature 1st Regular Session 2001 Transportation Legislation Vetoed By the Governor • Note – Arizona Legislative Information Systems (ALIS) and Legislation On Line in Arizona (LOLA) were important sources in compiling the following summaries. HOUSE BILLS: [HB 2070] EMISSION INSPECTION; MODIFICATIONS AND EXEMPTIONS (Rep. Huffman and 2) The State Department of Environmental Quality would have had to adopt emissions standards for motor vehicles and for testing those vehicles manufactured in 1981 or after, to allow an on-board diagnostic (OBD) check instead of the current requirements of the curb idle and loaded test condition. The OBD check would have fallen under the requirements of Title II of the Clean Air Act. Construction of an emission testing station in Apache Junction would have needed to begin on or before June 1, 2004, for part of Pinal county to be exempt from emission testing. (See veto message, p. ) [HB 2376] CONTRACTS; TAX ADJUSTMENT (Rep. Cooley and 10; Sen. Brown) Unless the taxpayer had a contract clause by which they could recover the cost of the new tax, the sixth-tenths sales tax increase for schools, approved by voters in Nov. 2000, would not have applied to business contracts made before June 1, 2001. Would have required public works contracts to provide a cost adjustment for the increased tax rate. (See veto message, p. ) [HB 2490] EMISSIONS TESTING; PINAL COUNTY (Rep. Chase and 24; Sen. Rios) A committee incorporating legislative members, members of the public, and a representative from the Department of Environmental Quality would have been created to study where to place vehicle emission testing stations for the remaining 2001 year. If the city of Apache Junction did not get an emission testing station before June 1, 2004, a section of Pinal County would have been exempt from the emission test. (See veto message, p ) [HB 2537] REGULATORY REFORM (Rep. Allen and May) Would have modified statute in regards to agency regulatory approval process. A study committee would have been established to recommend implementing a regulatory budget, state agency compliance with federal requirements, and other regulatory issues. Each December, agencies would have needed to publish regulatory agendas for the prospecting year. (See veto message, p ) 26 45th Legislature 1st Regular Session 2001 Transportation Legislation Vetoed By the Governor • Note – Arizona Legislative Information Systems (ALIS) and Legislation On Line in Arizona (LOLA) were important sources in compiling the following summaries. HOUSE BILLS: [HB 2622] SALES TAX; CONTRACTOR’S SOLAR EXEMPTION (Rep. Graf and 5) Would have required the transaction privilege tax exemption for the installation of solar devices under the prime contracting classification to expire on December 31, 2001, not at the end of 2011. The amount the contractor would have made on the contract, not the retail cost of the device, would have been the basis for the exemption. (See veto message, p ) SENATE BILLS: [SB 1123] INFORMATION PROTECTION; PLANNING; DEVELOPMENT (Sen. Valadez and 15; Rep. Soltero) Would have required the Arizona National Guard to organize a Computer Emergency Response Team to protect the state National Guard networks. The Statewide Infrastructure Protection Center (SIPC) would have been established in the state Department of Emergency and Military Affairs Division of Emergency Management. (See veto message, p ) [SB 1389] ARIZONA AGRICULTURAL HERITAGE ACT (Sen. Guenther and Arzberger; Rep. O’Halleran and 2) Would have established the Arizona Heritage Commission and Arizona Agricultural Heritage Fund to promote a process of distribution of monies in the fund to applicants for agricultural easements. Defined agricultural easement as a “conservation easement established in accordance with the Uniform Conservation Easement Act.” (See veto message, p ) |
