10. To acquire, construct or improve entry roads to state prisons.
11. To pay the cost of relocating a utility facility pursuant to section 28-7156.
12. For the purposes provided in subsections C, D, E and F of this section and sections 28-1143, 28-2010, 28-2353 and 28-3003.
B. For each of the following fiscal years, the department
1. For the 1997-1998 fiscal year, fifteen million dollars.
2. For the 1998-1999 fiscal year, twelve million five hundred thousand dollars.
3. For the 1999-2000 fiscal year and for all subsequent fiscal years, ten million dollars.
C. Subject to legislative appropriation, the director shall use the monies in the state highway fund as prescribed in section 28-6991, paragraph 12 for processing the application and for the criminal background investigations required pursuant to chapter 10 of this title.
D. Subject to legislative appropriation, the department may use the
monies in the state highway fund as prescribed in section 28-6991, paragraph
13 to carry out the duties imposed by this title for registration or titling
of vehicles, to operate joint title, registration and driver licensing
offices, to cover the administrative costs of issuing the air quality
compliance sticker, modifying the year validating tab and issuing the
windshield sticker and to cover expenses and costs in issuing special plates
pursuant to sections 28-2404
E. The department shall use monies deposited in the state highway fund pursuant to chapter 5, article 5 of this title only as prescribed by that article.
F. Monies deposited in the state highway fund pursuant to section 28-2269 shall be used only as prescribed by that section.
G. The department may exchange monies distributed to the state highway
fund pursuant to section 28-6538, subsection A, paragraph 1 for local
government surface transportation program federal monies suballocated to
councils of government and metropolitan planning organizations in counties
with a population of four hundred thousand persons or less if the local
government scheduled to receive the federal monies concurs. An exchange of
state highway fund monies pursuant to this subsection shall be in an amount
that is at least equal to ninety per cent of the federal obligation authority
that exists in the project for which the exchange is proposed.
Sec. 9. Section 28-6999, Arizona Revised Statutes, is amended to read:
A. Except for repayment of loan repayment agreements and interest on
loan repayment agreements pursuant to section 28-7676
B. A member of the board or an employee or agent of the department who
knowingly approves for expenditure or who knowingly causes to be expended any
amount in violation of this section is both:
1. Guilty of a class 2 misdemeanor.
2. Liable for the amount on the person's official bond to be recovered
in a civil action in the name of this state brought by either:
(a) The attorney general.
(b) On the failure or refusal of the attorney general to act, any
citizen of this state for the benefit of this state.
Sec. 10. Section 28-7674, Arizona Revised Statutes, is amended to
read:
A. The highway expansion and extension loan program fund is
established. The fund constitutes a state infrastructure bank under the
federal SIB act. The state treasurer shall receive in trust, hold and
disburse monies in the fund solely for the purposes authorized by this
article. The department shall administer the fund as a continuing
appropriation in accordance with this article and the federal SIB act.
Monies in the fund are exempt from the provisions of section 35-190 relating
to lapsing of appropriations.
B. The fund consists of:
1. Monies appropriated by the legislature.
C. The board may use monies in the fund for the following purposes in
connection with providing financial assistance under this article:
1. Making eligible project loans or providing other financial
assistance to political subdivisions, Indian tribes and this state or its
agencies under section 28-7676.
2. Subsidizing interest rates.
3. Providing other forms and methods of financial assistance that are
approved by the board and, to the extent required by the federal SIB act, by
the United States secretary of transportation and that relate to the eligible
project with respect to which the assistance is being provided.
4. Paying the costs to administer the fund, except that no more than
the percentage of the aggregate of federal capitalization grants pursuant to
the federal SIB act may be used to pay these costs. Monies from other
sources may be used without limit to pay these costs.
D. On notice from the board, the state treasurer shall invest and
divest monies in the fund as provided by section 35-313, and monies earned
from investment shall be credited to the fund.
E. The board shall use the monies and other assets in the fund solely
for the purposes authorized by this article.
F. The board may establish any
G. All proceeds of capitalization grants received from the United
States pursuant to the federal SIB act and title 23, United States Code,
shall be deposited in the fund and shall be used only to make loans or
provide other financial assistance to political subdivisions, Indian tribes
and this state or its agencies to design, construct, acquire right-of-way
for, restore or rebuild eligible projects, for the purposes prescribed in
subsection C of this section or for any other purposes permitted by the
federal SIB act and title 23, United States Code.
Sec. 11. Section 28-7676, Arizona Revised Statutes, is amended to
read:
A. A political subdivision or this state or its agencies, including
the department, may apply to the transportation board for any loan or other
financial assistance from the fund to support an eligible project.
B. An Indian tribe may apply to the board for any loan or other
financial assistance from the fund to support an eligible project that the
board determines provides substantial public benefits.
1. FIFTY PER CENT IN COUNTIES WITH A POPULATION OF ONE MILLION TWO
HUNDRED THOUSAND OR MORE PERSONS ACCORDING TO THE MOST RECENT UNITED STATES
DECENNIAL CENSUS.
2. TWENTY-FIVE PER CENT IN COUNTIES WITH A POPULATION OF FIVE HUNDRED
THOUSAND OR MORE BUT LESS THAN ONE MILLION TWO HUNDRED THOUSAND PERSONS
ACCORDING TO THE MOST RECENT UNITED STATES DECENNIAL CENSUS.
3. TWENTY-FIVE PER CENT IN COUNTIES WITH A POPULATION OF LESS THAN
FIVE HUNDRED THOUSAND PERSONS ACCORDING TO THE MOST RECENT UNITED STATES
DECENNIAL CENSUS.
D. THE PERCENTAGES PRESCRIBED IN SUBSECTION C OF THIS SECTION APPLY
OVER THE PRESCRIBED TIME PERIOD AND ARE NOT YEARLY ALLOCATIONS BUT DO NOT
APPLY TO LOANS MADE BY THE BOARD BEFORE THE EFFECTIVE DATE OF THIS AMENDMENT
TO THIS SECTION.
1. Approve, disapprove or modify the simplified application form and
guidelines developed by the advisory committee.
2. Prescribe a simplified procedure to apply for and approve financial
assistance.
3. Consider at least the following in selecting which eligible
projects shall receive financial assistance:
(a) Economic benefits.
(b) Mobility.
(c) Air quality.
(d) Safety.
(e) How quickly the applicant proposes to repay the loan.
(f) The ability of the applicant to repay a loan according to the
terms and conditions established by this section.
(g)
4. Give a preference of up to twenty per cent to eligible projects
that include local or private financial participation in accelerating the
project. This preference shall be commensurate with the level of local or
private financial participation. The greater the percentage of local or
private financial participation is to the total cost of the project, the
greater the preference that shall be given to the project.
1. Bear interest at or below the market interest rate or rates, as
determined by the board, to make the project that is the subject of the loan
feasible. The interest rate for any loan shall be uniform with interest
rates for comparable loans.
2. If the source of the loan is monies designated pursuant to a SIB
cooperative agreement, be repaid not longer than ten years after the date the
highway project is open to traffic.
3. If the source of the loan is monies other than those monies
designated pursuant to a SIB cooperative agreement, be repaid not longer than
five years after the date the highway project is open to traffic.
4. Be conditioned on the identification of a revenue source for
repaying the loan.
5. Not be made for the nonfederal share of any project that has
received a grant under title 23, United States Code.
6. If made to an Indian tribe, be conditioned on the establishment of
a dedicated source under the control of a tribally chartered corporation or
another tribal entity that is subject to suit by the attorney general to
enforce the loan repayment agreement or be secured by assets that, in the
event of default of the loan repayment agreement, are subject to execution
by the attorney general without the waiver of any claim of sovereign immunity
by the tribe.
Sec. 12. Title 28, chapter 21, article 5, Arizona Revised Statutes,
is amended by adding section 28-7678, to read:
1. IN FISCAL YEAR 1999-2000, A BOARD FUNDING OBLIGATION THAT IS IN A
PRINCIPAL AMOUNT THAT IS NOT MORE THAN ONE HUNDRED MILLION DOLLARS AND THAT
MATURES NO LATER THAN ONE CALENDAR YEAR AFTER DELIVERY OF THE OBLIGATION.
2. IN FISCAL YEAR 2000-2001, A BOARD FUNDING OBLIGATION THAT IS IN A
PRINCIPAL AMOUNT THAT IS NOT MORE THAN ONE HUNDRED MILLION DOLLARS AND THAT
MATURES NO LATER THAN THREE CALENDAR YEARS AFTER THE DELIVERY OF THE
OBLIGATION.
3. IN FISCAL YEAR 2003-2004, A BOARD FUNDING OBLIGATION THAT IS IN A
PRINCIPAL AMOUNT THAT IS NOT MORE THAN ONE HUNDRED MILLION DOLLARS AND THAT
MATURES NO LATER THAN FOUR CALENDAR YEARS AFTER THE DELIVERY OF THE
OBLIGATION.
B. THE BOARD SHALL SELL THE BOARD FUNDING OBLIGATIONS PRESCRIBED IN
SUBSECTION A OF THIS SECTION TO THE STATE TREASURER. THE BOARD SHALL REPAY
BOARD FUNDING OBLIGATIONS AT THE BOARD'S EARLIEST CONVENIENCE. THE TOTAL
PRINCIPAL AMOUNT OF BOARD FUNDING OBLIGATIONS AT ANY ONE TIME SHALL NOT BE
MORE THAN ONE HUNDRED MILLION DOLLARS.
C. IN CONSULTATION WITH THE STATE TREASURER, THE BOARD SHALL AUTHORIZE
EACH BOARD FUNDING OBLIGATION BY A RESOLUTION. THE AUTHORIZING RESOLUTION
SHALL PROVIDE THE FOLLOWING:
1. THE RATE OR RATES OF INTEREST.
2. THE DATE OR DATES OF MATURITIES.
3. THE TERMS OF REDEMPTION.
4. THE FORM AND MANNER OF EXECUTION OF THE FUNDING OBLIGATION.
5. ANY TERMS NECESSARY TO SECURE CREDIT ENHANCEMENT OR OTHER SOURCES
OF PAYMENT OR SECURITY.
6. ANY OTHER ITEM THE BOARD DETERMINES IS NECESSARY.
D. AS PROVIDED IN THE AUTHORIZING RESOLUTIONS OF THE BOARD, THE
PRINCIPAL OF AND INTEREST ON THE BOARD FUNDING OBLIGATIONS SHALL BE PAID FROM
ONE OR MORE LOAN REPAYMENT AGREEMENTS THAT ARE FUNDED WITH THE PROCEEDS OF
THE OBLIGATIONS AND THAT ARE PLEDGED TO THE REPAYMENT OF THE OBLIGATIONS.
THE PLEDGED LOAN REPAYMENT AGREEMENTS SHALL BE HELD IN ONE OR MORE SEPARATE
SUBACCOUNTS IN THE FUND THAT ARE ESTABLISHED AND PLEDGED BY THE AUTHORIZING
RESOLUTION FOR THE PAYMENT OF THE BOARD FUNDING OBLIGATION UNDER THE TERMS
OF THE AUTHORIZING RESOLUTION. AS LONG AS THE BOARD FUNDING OBLIGATIONS ARE
OUTSTANDING, THE BOARD SHALL SEGREGATE THE LOAN PAYMENTS UNDER THE LOAN
REPAYMENT AGREEMENTS AND SHALL DEPOSIT ALL OF THOSE MONIES IN THE APPROPRIATE
SEPARATE SUBACCOUNT OF THE FUND DESIGNATED AS THE SUBACCOUNT FROM WHICH THE
OBLIGATIONS ARE TO BE PAID.
E. TO SECURE THE BOARD FUNDING OBLIGATIONS, THE BOARD BY THE
AUTHORIZING RESOLUTION MAY:
1. PROVIDE THAT PRINCIPAL OF AND INTEREST ON THE OBLIGATIONS MAY BE
SECURED BY A PLEDGE OF AND FIRST LIEN OR OTHER SPECIFIED LIEN ON ALL OR PART
OF THE MONIES HELD IN THE SPECIFIED SUBACCOUNTS OF THE FUND PLEDGED TO THE
OBLIGATIONS.
2. PROVIDE THAT, IF THE DEPARTMENT FAILS TO MAKE LOAN REPAYMENTS WHEN
DUE UNDER ANY PLEDGED LOAN REPAYMENT AGREEMENT OF THE DEPARTMENT, THE
PRINCIPAL OF OBLIGATIONS SECURED BY THE PLEDGED LOAN REPAYMENT AGREEMENT MAY
BE PAID FROM AND SECURED BY A PLEDGE OF AND LIEN ON ALL OR ANY PART OF THE
MONIES PAID INTO THE STATE HIGHWAY FUND FROM THE SOURCES SPECIFICALLY
COLLECTED AS PRESCRIBED UNDER ARTICLE IX, SECTION 14, CONSTITUTION OF
ARIZONA, AND THE MONIES DISTRIBUTED PURSUANT TO SECTION 28-5808, IF THE LIEN IS SUBORDINATED AND SUBJECT TO THE PRIOR LIEN ON THOSE MONIES SECURING ALL
BONDS ISSUED BY THE BOARD PURSUANT TO ARTICLE 1 OF THIS CHAPTER.
3. PROVIDE THAT ALL OR A PORTION OF THE INTEREST ON THE OBLIGATIONS
MAY BE PAID FROM AND SECURED BY A PLEDGE OF ANY AVAILABLE MONIES IN THE FUND.
THESE PLEDGED MONIES SHALL BE DEPOSITED IN THE SUBACCOUNT THAT SECURES THE
OBLIGATIONS.
4. PROVIDE THAT ALL OR A PORTION OF THE INTEREST ON THE OBLIGATIONS
MAY BE PAID FROM AVAILABLE MONIES IN THE STATE HIGHWAY FUND THAT ARE
DEPOSITED, AS PROVIDED IN THE AUTHORIZING RESOLUTION, IN THE SUBACCOUNT THAT
SECURES THE OBLIGATIONS.
5. DO ANY OTHER MATTERS OF LIKE OR DIFFERENT CHARACTER THAT IN ANY WAY
MAY AFFECT THE SECURITY AND PROTECTION OF THE OBLIGATIONS.
F. THE MONIES PLEDGED UNDER THIS SECTION TO THE BOARD FUNDING
OBLIGATIONS AND RECEIVED BY THE STATE TREASURER OR DEPARTMENT TO BE DEPOSITED
IN THE PLEDGED SUBACCOUNT ARE IMMEDIATELY SUBJECT TO THE LIEN OF THE PLEDGE
WITHOUT ANY FUTURE PHYSICAL DELIVERY OR FURTHER ACT. A LIEN OF ANY PLEDGE
IS VALID AND BINDING AGAINST ALL PARTIES HAVING CLAIMS OF ANY KIND IN TORT,
CONTRACT OR OTHERWISE AGAINST THE BOARD OR THE DEPARTMENT IRRESPECTIVE OF
WHETHER THE PARTIES HAVE NOTICE OF THE LIEN. WHEN PLACED IN THE BOARD'S
RECORDS, THE RESOLUTION BY WHICH THIS PLEDGE IS CREATED IS NOTICE TO ALL
CONCERNED OF THE CREATION OF THE PLEDGE.
G. BOARD FUNDING OBLIGATIONS SHALL BE SOLD AT PRIVATE SALE TO THE
STATE TREASURER AT A PRICE AND ON TERMS PROVIDED BY THE BOARD IN ITS
AUTHORIZING RESOLUTION IN ACCORDANCE WITH SUBSECTION E OF THIS SECTION.
PROCEEDS FROM THE SALE OF OBLIGATIONS SHALL BE DEPOSITED IN A SEPARATE
SUBACCOUNT IN THE FUND AND MAY BE SPENT FOR FINANCIAL ASSISTANCE TO THE
DEPARTMENT FOR ELIGIBLE PROJECTS AND RELATED COSTS UNDER THIS ARTICLE AND TO
PAY INTEREST ON BOARD FUNDING OBLIGATIONS.
H. ON REQUEST OF THE BOARD, THE ATTORNEY GENERAL SHALL TAKE WHATEVER
ACTIONS ARE NECESSARY TO ENFORCE LOAN REPAYMENT AGREEMENTS THAT ARE PLEDGED
BY THE BOARD TO BOARD FUNDING OBLIGATIONS.
I. BOARD FUNDING OBLIGATIONS:
1. ARE SPECIAL OBLIGATIONS OF THE BOARD.
2. ARE NOT OBLIGATIONS THAT ARE GENERAL, SPECIAL OR OTHERWISE OF THIS
STATE.
3. ARE NOT A LEGAL DEBT OF THIS STATE.
4. ARE PAYABLE AND ENFORCEABLE ONLY FROM THE MONIES AND SEPARATE
SUBACCOUNTS PLEDGED AND ASSIGNED IN THE AUTHORIZING RESOLUTIONS OF THE BOARD.
J. ANY MEMBER OF THE BOARD OR A PERSON EXECUTING A BOARD FUNDING
OBLIGATION IS NOT PERSONALLY LIABLE FOR THE PAYMENT OF THE OBLIGATION.
Sec. 13. Section 35-313, Arizona Revised Statutes, as amended by Laws
1998, chapter 1, section 95, is amended to read:
A. The state treasurer shall invest and reinvest trust monies in any
of the following items:
1. Obligations issued or guaranteed by the United States or any of its
agencies, sponsored agencies, corporations, sponsored corporations or
instrumentalities.
2. Collateralized repurchase agreements purchased from securities
dealers that make markets in those securities listed in paragraph 1.
3. Bonds or other evidences of indebtedness of this state or any of
the counties or incorporated cities, towns or duly organized school
districts.
4. Bonds, notes or other evidences of indebtedness of any county,
municipal or municipal district utility within this state which are payable
from revenues or earnings specifically pledged for the payment of the
principal and interest on the obligations, and for the payment of which a
lawful sinking fund or reserve fund has been established and is being
maintained, but only if no default in payment on principal or interest on the
obligations to be purchased has occurred within five years of the date of
investment, or if such obligations were issued less than five years prior to
the date of investment, no default in payment of principal or interest has
occurred on the obligations to be purchased nor any other obligations of the
issuer within five years of the investment.
5. Bonds, notes or other evidences of indebtedness issued by any
municipal improvement district in this state to finance local improvements
authorized by law, if the principal and interest of the obligations are
payable from assessments on real property within the local improvement
district. An investment shall not be made if the face value of all such
obligations, and similar obligations outstanding, exceeds fifty per cent of
market value of the real property, and improvements upon which the bonds or
the assessments for the payment of principal and interest on the bonds are
liens inferior only to the liens for general ad valorem taxes. An investment
shall not be made if a default in payment of principal or interest on the
obligations to be purchased has occurred within five years of the date of
investment, or, if the obligations were issued less than five years prior to
the date of investment, a default in payment of principal or interest has
occurred on the obligations to be purchased or on any other obligation of the
issuer within five years of the investment.
6. Commercial paper of prime quality as determined by Moody's
investors service or its successor.
7. Bills of exchange or time drafts known as bankers acceptances which
are drawn on and accepted by a commercial bank.
8. Negotiable certificates of deposit issued by a nationally or state
chartered bank or savings and loan association.
9. Bonds, debentures, notes or other evidences of indebtedness which
are issued by entities organized and doing business in the United States and which carry as a minimum one of the Baa ratings of Moody's investors service
or one of the BBB ratings of Standard and Poor's rating service or their
successors.
10. Securities of or any other interests in any open-end or closed-end
management type investment company or investment trust registered under the
investment company act of 1940 (54 Stat. 789; 15 United States Code sections
80a-1 through 80a-64), as amended, if
11. Any of the investments authorized by section 35-312.
12. Certificates of deferred property taxes as provided by section
42-17309.
13. Treasurer's warrant notes issued pursuant to section 35-185.01 or
registered warrants of a county issued pursuant to section 11-605, if the
yield is equal to or greater than yields on eligible investment instruments
of comparable maturities.
B. In case of default or failure to honor a county treasurer's
warrant, the state treasurer may withhold the first state shared revenues
that would otherwise be distributed to the defaulting county in the amount
necessary to honor the note including accrued interest to and beyond the date
of default.
C. The state treasurer may contract to loan securities owned by the
trust funds and operating monies deposited in the investment pools pursuant
to section 35-316, subsection B to the financial or dealer community through
one or more of the entities listed in section 35-317, subsection A,
Sec. 14.
Section
Sec. 15. Section 41-1279.03, Arizona Revised Statutes, is amended to
read:
A. The auditor general shall:
1. Prepare an audit plan for approval by the committee and report to
the committee the results of each audit and investigation and other reviews
conducted by the auditor general.
2. Conduct or cause to be conducted at least biennial financial and
compliance audits of financial transactions and accounts kept by or for all
state agencies subject to the single audit act of 1984 (P.L. 98-502). The
audits shall be conducted in accordance with generally accepted governmental auditing standards and accordingly shall include tests of the accounting
records and other auditing procedures as may be considered necessary in the
circumstances. The audits shall include the issuance of suitable reports as
required by the single audit act of 1984 (P.L. 98-502) so the legislature,
federal government and others will be informed as to the adequacy of
financial statements of the state in compliance with generally accepted
governmental accounting principles and to determine whether the state has
complied with laws and regulations that may have a material effect on the
financial statements and on major federal assistance programs.
3. Perform procedural reviews for all state agencies at times
determined by the auditor general. These reviews may include evaluation of
administrative and accounting internal controls and reports on such reviews.
4. Perform special audits and related assignments as designated by the
committee and conduct performance audits, special audits and investigations
of any state agency, whether created by the constitution or otherwise, as may
be requested by the committee.
5. Annually on or before the fourth Monday of December prepare a
written report to the governor and to the committee which contains a summary
of activities for the previous fiscal year.
6. In the tenth year and in each third year thereafter in which a
transportation excise tax is in effect in a county as provided in section
42-6104,
(a) Reviews past expenditures and future planned expenditures of the
transportation excise tax and determines the impact of the expenditures in
solving transportation problems within the county.
(b) Reviews projects completed to date and projects to be completed
during the remaining years in which a transportation excise tax is in effect.
Within six months after each review period the auditor general shall present
a report to the speaker of the house of representatives and the president of
the senate detailing findings and making recommendations. If the parameters
of the performance audit are set by the citizens transportation oversight
committee, the auditor general shall also present the report to the citizens
transportation oversight committee.
(c) Reviews, determines, reports and makes recommendations to the
speaker of the house of representatives and the president of the senate
whether the distribution of highway user revenues complies with title 28,
chapter 18, article 2. If the parameters of the performance audit are set
by the citizens transportation oversight committee, the auditor general shall
also present the report to the citizens transportation oversight committee.
7. Perform special audits designated pursuant to law if the auditor
general determines that there are adequate monies appropriated for the
auditor general to complete the audit. If the auditor general determines the
appropriated monies are inadequate, the auditor general shall notify the
committee.
B. The auditor general may:
1. Subject to approval by the committee, adopt rules necessary to
administer the duties of the office.
2. Hire consultants to conduct the studies required by subsection A,
paragraph 6 of this section.
C. If approved by the committee the auditor general may charge a
reasonable fee for the cost of performing audits or providing accounting
services for auditing federal funds, special audits or special services
requested by political subdivisions of the state. Monies collected pursuant
to this subsection shall be deposited in the audit services revolving fund.
D. The department of transportation and the board of supervisors of
a county that has approved a county transportation excise tax as provided in
section 42-6104,
E. The department of transportation shall reimburse the auditor
general as follows, and the auditor general shall deposit the reimbursed
monies in the audit services revolving fund:
1. For the cost of conducting the studies or hiring a consultant to
conduct the studies required by subsection A, paragraph 6, subdivisions (a)
and (b) of this section, from monies collected pursuant to a county
transportation excise tax levied pursuant to section 42-6104,
2. For the cost of conducting the studies or hiring a consultant
pursuant to subsection A, paragraph 6, subdivision (c) of this section, from
the highway user revenue fund.
Sec. 16. Section 42-6104, Arizona Revised Statutes, is amended to
read:
A. If a majority of the qualified electors voting at a countywide
special election approves the transportation excise tax, a county with a
population of one million two hundred thousand or more persons shall levy and
the department shall collect a tax:
1. At a rate of not more than ten per cent of the transaction
privilege tax rate applying, as of January 1, 1990
(a) To each person engaging or continuing in the county in a business
taxed under chapter 5, article 1 of this title.
(b) Except that for the purposes of this paragraph with respect to the
prime contracting classification under section 42-5075, the gross proceeds
of sales or gross income that is deductible pursuant to section 42-5075,
subsection B, paragraph 8 or pursuant to section 42-5061, subsection A, paragraph 27 for sales to a contractor who is exempt under section 42-5075,
subsection B, paragraph 8 shall be included in the tax base for purposes of
this paragraph.
2. In the case of persons subject to the tax imposed under section
42-5352, subsection A, at a rate of not more than .305 cents per gallon of
jet fuel sold.
B. The net revenues collected under this section shall be deposited
in the regional area road fund pursuant to title 28, chapter 17, article 1.
C. The tax levied under this section may be in effect for a term of
not more than twenty years
Sec. 17.
Section
Sec. 18. Section 48-5103, Arizona Revised Statutes, is amended to
read:
A. A public transportation fund is established for the authority. The
fund consists of:
1. Monies appropriated by each municipality that is a member of the
authority or the county, if it elected to enter into the authority. Each
member municipality and member county shall appropriate monies to the public
transportation fund in an amount determined by the board.
2. Monies appropriated by a county that has not elected to enter into
the authority in an amount determined by the county board of supervisors.
B. On behalf of the authority, the fiscal agent shall administer
monies paid into the public transportation fund. Monies in the fund may be
spent pursuant to or to implement the regional public transportation system
plan adopted pursuant to section 48-5121.
C. Monies in the fund shall not be spent to promote or advocate a
position, alternative or outcome of an election, to influence public opinion
or to pay or contract for consultants or advisors to influence public opinion
with respect to an election regarding taxes or other sources of revenue for
the fund or regarding the regional public transportation system plan
Sec. 19. Section 48-5121, Arizona Revised Statutes, is amended to
read:
A. In counties with a population of one million two hundred thousand
persons or more, the board shall develop a regional public transportation
system plan.
B. Among other things, the regional public transportation system plan
shall:
1. Define and identify regional public transportation corridors.
2. Define the public transportation problems, goals and needs for each
corridor.
3. Define land use goals.
4. Determine environmental, economic, energy and social policies to
guide public transportation investment decisions.
5. Order the priority of regional public transportation corridors for
development.
6. Determine the mix of alternative public transportation modes
appropriate for development in light of the public transportation goals and
needs for each corridor.
7. Select appropriate public transportation technology including high
occupancy vehicle lanes and related facilities.
8. Determine the capacity for exclusive public transportation
technology.
9. Determine operating performance criteria and costs for public
transportation systems.
10. Locate routes and access points to the public transportation
systems.
11. Determine the ridership of public transportation systems.
C. The regional public transportation system plan shall include, in
addition to the appropriate items prescribed in subsection B of this section,
the following items presented on an individual fiscal year basis:
1. The capital and operating costs of the planned regional public
transportation system.
2. The revenue needed by source, according to section 48-5103, to fund
the regional public transportation system plan.
1. Pay the monies from their respective general funds to the public
transportation fund in the fiscal year following the fiscal year in which the
excess costs were incurred.
2. Not pay to the public transportation fund under this subsection
monies that it received from any source pursuant to title 28.
3. Not reduce its support of transportation projects funded by any
source pursuant to title 28 in order to make payments under this subsection.
Sec. 20. Section 48-5141, Arizona Revised Statutes, is amended to
read:
A. The board shall establish and operate a regional bus system. The
monies distributed under section 28-6305, subsection
B. The board may contract with a public agency or with a person on the
terms and conditions the board finds in its best interest to operate a
regional bus system.
Sec. 21. Section 48-5164, Arizona Revised Statutes, is amended to
read:
In connection with the issuance of the bonds authorized by this article
to secure the payment of the bonds and interest on the bonds, the board by
resolution may:
1. Provide that bonds issued under this article may be secured by a
first lien on all or any part of the monies paid into the public
transportation fund
2. Establish and segregate one or more bond accounts in the public
transportation fund to set aside monies to be used to pay principal, interest
and premium, if any, on the bonds and provide conditions and terms for the
use of the accounts.
3. Pledge and assign to or in trust for the benefit of the holder or
the holders of the bonds all or any part of the monies that are paid into the
public transportation fund
4. Set aside, regulate and dispose of reserves and sinking funds.
5. Provide that sufficient amounts of the proceeds from the sale of
the bonds may be used to fully or partly fund all reserves or sinking funds
set up in the bond resolution.
6. Prescribe the procedure, if any, by which the terms of a contract
with bondholders may be amended or abrogated, the amount of bonds the holders
of which must consent to and the manner in which the consent may be given.
7. Provide for payment of bond related expenses from the proceeds of
the sale of the bonds or other monies available to the authority.
8. Do any other matters, of like or different character, that may in
any way affect the security and protection of the bonds or affect interest
on the bonds.
Sec. 22.
Section 28-7678, Arizona Revised Statutes, as added by this act, is
repealed from and after December 31, 2008.
Sec. 23.
Notwithstanding section 28-302, Arizona Revised Statutes, as amended
by this act, all persons serving as members of the state transportation board
on the effective date of this act may continue to serve until the expiration
of their normal terms. The governor shall make all subsequent appointments
as prescribed by statute.
The monies in the highway expansion and extension loan program fund
established by section 28-7674, Arizona Revised Statutes, as amended by this
act, that are designated for use in counties with a population of one million
two hundred thousand or more persons according to the most recent United
States decennial census shall be used to assist completion of projects
planned or programmed by the specified dates that include the following:
1. In fiscal years 2000-2001 and 2001-2002:
(a) The completion of the state highway 101 loop, including the Agua
Fria freeway between interstate 10 and Northern avenue, the Pima freeway
between interstate 17 and Shea boulevard and the Price freeway between
Guadalupe road and Frye boulevard.
(b) The state highway 202 loop (Red Mountain) from Country Club drive
to Gilbert road.
(c) United States highway 60 (Grand avenue) reconstruction between
203rd avenue and Beardsley road.
(d) The state route 303 loop (Estrella) from interstate 10 to Thomas
road.
(e) The beginning of widening United States highway 60 (Superstition)
between interstate 10 and Power road.
2. In fiscal years 2002-2003, 2003-2004 and 2004-2005:
(a) The completion of United States highway 60 (Grand avenue) between
Morristown RROP and 203rd avenue.
(b) The state highway 202 loop (Red Mountain) between Gilbert road and
Higley road.
(c) The state highway 202 loop (Santan) between interstate 10 and
state route 87.
(d) The state highway 202 loop (South Mountain) between interstate 10
and 40th street.
(e) The state route 303 loop (Estrella) between Grand avenue and Lake
Pleasant road.
(f) State route 51 between Bell road and Union Hills drive.
(g) The beginning of Grand avenue improvements that include at least
eight grade separations at six-legged intersections between interstate 17 and
the state highway 101 loop.
(h) The continuation of widening on United States highway 60
(Superstition) between interstate 10 and Power road.
3. In fiscal years 2005-2006 and 2006-2007:
(a) The completion of the state highway 202 loop (Red Mountain)
between Higley road and United States highway 60.
(b) The state highway 202 loop (Santan) between state route 87 and
United States highway 60.
(c) The state highway 202 loop South Mountain connection.
(d) State route 51 from Union Hills drive to the state highway 101
loop and high occupancy vehicle lanes from interstate 10 to Shea boulevard.
(e) State route 153 between Superior avenue and University drive.
(f) State route 85 between interstate 10 and the Gila river.
(g) The state route 303 loop from interstate 10 to Glendale avenue.
(h) The state highway 101 loop Agua Fria spur from interstate 10 to
MC 85.
(i) Widening United States highway 60 (Superstition) between
interstate 10 and Power road.
(j) United States highway 60 (Grand avenue) improvements resulting in
at least eight grade separations between interstate 17 and the state highway
101 loop.
(k) The beginning of the initial project on interstate 10 CD roads
between Baseline road and 16th street.
(l) The beginning of the initial project on the state route 303 loop
(Estrella) between Glendale avenue and Beardsley road.
Sec. 25.
A. The sum of $20,000,000 is appropriated from the state highway fund
to the highway expansion and extension loan program fund for fiscal year
1999-2000 for the purposes provided in this act.
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.
C. The state transportation board shall repay the monies appropriated
in subsection A of this section to the state highway fund from the highway
expansion and extension loan program fund no later than December 31, 2008.
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