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Reference Title: transportation between Arizona and Mexico

AN ACT
AMENDING SECTION 28-6547, ARIZONA REVISED STATUTES; AMENDING SECTION 41-1292.03, ARIZONA REVISED STATUTES; MAKING AN APPROPRIATION; RELATING TO TRANSPORTATION BETWEEN ARIZONA AND MEXICO; PROVIDING FOR CONDITIONAL ENACTMENT.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 28-6547, Arizona Revised Statutes, is amended to read:

28-6547 . Safety enforcement and transportation infrastructure fund; exemption from lapsing

A. The safety enforcement and transportation infrastructure fund is established. The fund consists of monies deposited pursuant to sections 28-2324, 28-2325, 28-5739, 28-5874 and 28-5875. The department shall administer the fund.

B. Subject to legislative appropriation, monies in the fund shall be spent on the following in the following priority :

1. Enforcement of vehicle safety requirements by the department of public safety and the department of transportation within twenty-five miles of the border between Arizona and Mexico.

2. Maintenance of transportation facilities and upgrades of transportation facilities, including roads, streets and highways, approved by the board within twenty-five miles of the border between Arizona and Mexico.

3. As approved by the board, maintenance and construction of transportation facilities relating to the state designated north American free trade highway corridor. The state designated North American free trade highway corridor is comprised of interstate highway 19, interstate highway 17, United States route 93 and interstate highway 15 IN THE CANAMEX HIGH PRIORITY CORRIDOR AS DEFINED IN SECTION 332 OF THE NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995 (P.L. 104-59; 109 STAT. 596-597) .

C. THE STATE TREASURER SHALL INVEST AND DIVEST MONIES IN THE FUND AS PROVIDED BY SECTION 35-313. THE STATE TREASURER SHALL CREDIT ALL INTEREST EARNED ON MONIES IN THE FUND TO THE FUND.

D. MONIES IN THE FUND ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-190 RELATING TO LAPSING OF APPROPRIATIONS.

Sec. 2. Section 41-1292.03, Arizona Revised Statutes, is amended to read:

41-1292.03 . Joint legislative review committee on transportation between Sonora, Mexico and Arizona

A. The joint legislative review committee on transportation between Sonora, Mexico and Arizona is established. The committee consists of:

1. Two members of the senate who are appointed by the president of the senate, one from each political party.

2. Two members of the house of representatives who are appointed by the speaker of the house of representatives, one from each political party.

3. The chairperson of the committee in the house of representatives that considers transportation issues who serves as cochairperson.

4. The chairperson of the committee in the senate that considers transportation issues who serves as cochairperson.

5. The director of the department of commerce OR THE DIRECTOR'S DESIGNEE .

6. THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY OR THE DIRECTOR'S DESIGNEE.

6. 7. Two members from ONE MEMBER WHO REPRESENTS the department of transportation , with WHO HAS expertise in intermodal transportation systems AND who are IS appointed by the director of the department of transportation.

8. ONE MEMBER WHO REPRESENTS THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF TRANSPORTATION, WHO HAS EXPERTISE IN TRANSPORTATION AND WHO IS APPOINTED BY THE ASSISTANT DIRECTOR OF THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF TRANSPORTATION.

7. 9. Three members of the public, one of whom has expertise in intermodal transportation systems , who are appointed by the governor.

10. ONE MEMBER WHO REPRESENTS A FEDERALLY RECOGNIZED ARIZONA INDIAN TRIBE WITH A RESERVATION LOCATED WITHIN OR ADJACENT TO THE CANAMEX HIGH PRIORITY CORRIDOR AS DEFINED IN SECTION 332 OF THE NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995 (P.L. 104-59; 109 STAT. 596-597), WHO HAS EXPERTISE IN TRANSPORTATION AND WHO IS APPOINTED BY THE GOVERNOR.

B. The committee shall:

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

2. Study issues and problems concerning transportation between Sonora, Mexico and this state, including the following:

(a) The need to modify and improve border crossing procedures and facilities.

(b) The advantages and disadvantages of issuing temporary travel permits to Mexican commercial vehicles entering this state.

(d) The potential impact of transporting hazardous materials between Sonora, Mexico and this state.

(e) The current and any anticipated changes in the type and volume of traffic on highways that carry commercial vehicles to the border between Sonora, Mexico and this state.

(f) Environmental and safety problems caused by the type and volume of traffic on highways that carry commercial vehicles to the border between Sonora, Mexico and this state.

(g) Potential financing of any highway construction or planning, or both, that may be recommended by the committee.

(h) The impact of foreign commercial vehicles on the transportation infrastructure of this state.

(i) The balance between revenues collected at ports of entry on the border between Sonora, Mexico and this state and the costs associated with maintaining the transportation infrastructure within twenty-five miles of the border between Sonora, Mexico and this state.

3. ANNUALLY MAKE RECOMMENDATIONS TO THE LEGISLATURE REGARDING APPROPRIATIONS MADE PURSUANT TO SECTION 28-6547.

3. 4. Provide MAKE recommendations to the legislature that will help alleviate the current environmental, transportation infrastructure and safety problems caused by the type and volume of traffic on highways that carry commercial vehicles to the border between Sonora, Mexico and this state and transportation problems experienced by businesses located on both sides of the border between Sonora, Mexico and this state, that will improve road, air and rail transportation between Sonora, Mexico and this state and regarding highway construction and planning of highways that carry commercial vehicles to the border between Sonora, Mexico and this state.

4. 5. Submit a report with its recommendations on or before December 1 of each year to the president of the senate, the speaker of the house of representatives, the governor, the chairman of the state transportation board and the committee established by Sonora, Mexico.

C. THE MEMBERS OF THE COMMITTEE WHO ARE APPOINTED PURSUANT TO SUBSECTION A, PARAGRAPHS 9 AND 10 SERVE TWO YEAR TERMS.

C. D. The members of the committee are not eligible to receive compensation, but the members who are appointed pursuant to subsection A, paragraph 7 PARAGRAPHS 9 AND 10 are eligible to receive reimbursement for expenses pursuant to title 38, chapter 4, article 2.

D. E. An Arizona Mexico commission in the governor's office shall facilitate the meetings of the committee. The committee shall use the services of the Arizona Mexico commission, legislative staff and the staff of the department of transportation.

Sec. 3. Terms of committee members

Notwithstanding section 41-1292.03, Arizona Revised Statutes, as amended by this act, a person who is a public member serving on the joint legislative review committee on transportation between Sonora, Mexico and Arizona on October 1, 1997 is eligible to continue to serve until January 1, 1999. The governor may appoint members described in this section for additional terms.

Sec. 4. Appropriation; purpose; exemption

A. The sum of $1,000,000 is appropriated in fiscal year 1997-1998 from the safety enforcement and transportation infrastructure fund established by section 28-6547, Arizona Revised Statutes, to the department of transportation for distribution in the following amounts for the border projects indicated:

1. San Luis Rio Colorado commercial port of entry and area highway access

$200,000.

2. Arizona-Mexico border ports and associated

infrastructure

$800,000.

B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.

Sec. 5. Conditional enactment

This act is effective from and after September 30, 1997, only if Senate Bill 1009, forty-third legislature, first regular session, relating to transportation, is enacted into law.

APPROVED BY THE GOVERNOR APRIL 25, 1997.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 28, 1997.

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