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------------------------------------------------------------------------------------------ ¦ REFERENCE TITLE: state transportation board ¦ ------------------------------------------------------------------------------------------ ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ House of Representatives ¦ ¦ Forty-fifth Legislature ¦ ¦ Second Regular Session ¦ ¦ 2002 ¦ ¦ ¦ ------------------------------------------------------------------------------------------ ¦ HB 2502 ¦ ------------------------------------------------------------------------------------------ ¦ Introduced by ¦ ¦ Representatives Cooley, Pearce, Pierce, Avelar, Senator Aguirre: Representatives ¦ ¦ Anderson, Blendu, Chase, Farnsworth, Giffords, Gleason, Hanson, Hatch-Miller, ¦ ¦ Huppenthal, Johnson, Kraft, Marsh, May, McClure, Poelstra, Robson, Weason, Weiers ¦ ------------------------------------------------------------------------------------------
AN ACT
AMENDING SECTIONS 28-302, 28-303 AND 28-304, ARIZONA REVISED STATUTES; RELATING TO THE STATE TRANSPORTATION BOARD.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-302, Arizona Revised Statutes, is amended to read:
28-302. Transportation board; members; appointments; terms; compensation
A. A transportation board is established in the department of transportation.
B. The board consists of one member from each transportation district with a
population of less than two million two hundred thousand persons, according to
the most recent United States decennial census and two THREE members from each
transportation district with a population of two million two hundred thousand or more
persons according to the most recent United States decennial census AND ONE MEMBER
FROM THE STATE AT LARGE.
C. The governor shall appoint members of the board for terms of six years pursuant
to section 38-211 to expire on the third Monday in January of the appropriate
year. WHEN APPOINTING MEMBERS OF THE BOARD, THE GOVERNOR SHALL CONSIDER INDIVIDUALS
WHO HAVE A WIDE VARIETY OF RELEVANT EXPERIENCE, INCLUDING KNOWLEDGE OF ROADWAYS, PUBLIC
TRANSIT SERVICES, AVIATION, FREIGHT MOVEMENT, BICYCLE AND PEDESTRIAN NEEDS AND LOCAL,
REGIONAL, STATEWIDE AND TRIBAL TRANSPORTATION ISSUES. When appointing members from a
transportation district with a population of two million two hundred thousand or more
persons according to the most recent United States decennial census, the governor
shall take into account geographic balance within the district.
D. A person is not qualified to be a member of the board representing a transportation district if the person has not been a resident and taxpayer of this state and the county from which the person is chosen for at least five years immediately before the person's appointment.
E. The governor shall not appoint a member to serve two terms in succession. If a
transportation district includes more than one county, the governor shall rotate the
appointment of members for the district among the counties in the district.
F. If a member who represents a transportation district changes the member's
residence to another county TRANSPORTATION DISTRICT, the member's office
becomes vacant.
G. Each member is eligible to receive compensation pursuant to section 38-611.
Sec. 2. Section 28-303, Arizona Revised Statutes, is amended to read:
28-303. Powers and duties of the board; meetings
A. The board may meet when necessary at any place in this state. The board shall
hold other regular meetings as it determines necessary. The chairman CHAIRPERSON
may call special meetings with the concurrence of at least two THREE
members.
B. The board shall meet for the purpose of organizing on or before the third Monday
in January of each year at which time the board shall designate the district member
with the shortest period of time remaining to serve a complete term as chairman
ELECT A MEMBER TO SERVE AS CHAIRPERSON AND A MEMBER TO SERVE AS VICE-CHAIRPERSON.
A MEMBER WHO IS ELECTED TO SERVE AS VICE-CHAIRPERSON SHALL SERVE AS CHAIRPERSON IN THE
FOLLOWING YEAR. AT LEAST EVERY THIRD YEAR, THE CHAIRPERSON SHALL BE A MEMBER FROM A
TRANSPORTATION DISTRICT WITH A POPULATION OF TWO MILLION TWO HUNDRED THOUSAND OR MORE
PERSONS. The chairman CHAIRPERSON shall preside at all sessions. The board
shall designate the district member with the next shortest period of time remaining to
serve a complete term as vice-chairman. The vice-chairman VICE-CHAIRPERSON
shall preside in the absence of the chairman CHAIRPERSON. If the district
member with the least time to serve does not choose to serve as chairman, the members
shall select a chairman from the remaining board members.
C. If the chairman's CHAIRPERSON'S membership on the board is terminated
for any reason, the remaining members of the board shall select another member to
VICE-CHAIRPERSON SHALL serve as chairman CHAIRPERSON. until the regular
organizational meeting on or before the third Monday in January of each year.
Sec. 3. Section 28-304, Arizona Revised Statutes, is amended to read:
28-304. Powers and duties of the board; transportation facilities
A. With respect to highways, the board shall:
1. Establish a complete system of state highway routes.
2. Determine which state highway routes or portions of the routes are accepted into the state highway system and which state highway routes to improve.
3. Establish, open, relocate or alter a portion of a state route or state highway.
4. Vacate or abandon a portion of a state route or state highway as prescribed in section 28-7209.
5. Sell board funding obligations to the state treasurer as provided in section 28-7678.
6. ESTABLISH STRICT ACCESS CONTROL STANDARDS FOR ALL FUTURE STATE HIGHWAY DEVELOPMENT PROJECTS IN ORDER TO PROTECT RURAL COMMUNITY BYPASSES AND OTHER NEW ROUTES FROM GRADUAL LAND USE CHANGES THAT INCREASE LOCAL TRAFFIC AND ENTERING AND EXITING TRAFFIC.
B. The board shall establish policies and the relative weights given to criteria to guide the development or modification of the five year transportation facilities construction program, award all construction contracts for transportation facilities and monitor the status of these construction projects.
C. Consistent with the board's responsibilities, the board shall:
1. Approve, disapprove or modify the citizens transportation oversight committee's recommendations on the five year construction program and the life cycle management program for the regional freeway system as defined in section 28-6351.
2. Respond to any complaint and approve, disapprove or modify recommendations regarding a complaint forwarded to it by the citizens transportation oversight committee within ninety days after the citizens transportation oversight committee forwards a complaint to the board.
D. The board shall determine priority program planning with respect to transportation facilities.
E. With respect to transportation facilities other than highways, the board shall establish, open, relocate, alter, vacate or abandon all or portions of the facilities.
F. With respect to aeronautics, the board shall perform the functions prescribed in chapter 25 of this title.
G. THE BOARD SHALL DEVELOP AND ADOPT MULTIMODAL TRANSPORTATION POLICIES TO BE KNOWN AS THE STATEWIDE TRANSPORTATION POLICY STATEMENT. THE PURPOSE OF THE STATEWIDE TRANSPORTATION POLICY STATEMENT IS TO ASSURE THE DEVELOPMENT AND MAINTENANCE OF A COMPREHENSIVE, MODALLY INTEGRATED AND BALANCED STATEWIDE TRANSPORTATION SYSTEM. THE BOARD SHALL CONSIDER, AND TO THE GREATEST EXTENT PRACTICABLE INCORPORATE, THE TRANSPORTATION GOALS AND POLICIES OF LOCAL AND REGIONAL TRANSPORTATION AGENCIES IN DEVELOPING THESE POLICIES. THE BOARD SHALL UPDATE THE STATEWIDE TRANSPORTATION POLICY STATEMENT EVERY TWO YEARS.
H. SUBJECT TO LEGISLATIVE APPROPRIATION, THE BOARD MAY EMPLOY PROFESSIONAL AND CLERICAL PERSONNEL IT DEEMS NECESSARY TO EVALUATE THE STATEWIDE TRANSPORTATION POLICY STATEMENT, THE TWENTY YEAR TRANSPORTATION FACILITIES CONSTRUCTION PLAN DEVELOPED PURSUANT TO SECTION 28-6956 AND SYSTEM PERFORMANCE MEASURES. THESE EMPLOYEES ARE ELIGIBLE TO RECEIVE COMPENSATION PURSUANT TO SECTION 38-611 AND SHALL NOT BE EMPLOYEES OF THE DEPARTMENT.
G. I. The board shall not spend any monies, adopt any rules or
implement any policies or programs to convert signs to the metric system or to require
the use of the metric system with respect to designing or preparing plans,
specifications, estimates or other documents for any highway project before the
conversion or use is required by federal law, except that the board may:
1. Spend monies and require the use of the metric system ON TRAFFIC CONTROL
DEVICES ON STATE HIGHWAYS WITHIN SEVENTY-FIVE MILES FROM THE BORDER BETWEEN THIS STATE
AND MEXICO. with respect to designing or preparing plans, specifications, estimates
or other documents for a highway project that is awarded before October 1, 1997 and that
is exclusively metric from its inception.
2. Prepare for conversion to and use of the metric system not more than six months before the conversion or use is required by federal law.
Sec. 4. Terms of additional members
A. Notwithstanding section 28-302, Arizona Revised Statutes, as amended by this act, the initial terms of additional members are:
1. The term of the member from the state at large ending January 19, 2004.
2. The term of the member from a transportation district with a population of two million two hundred thousand or more persons ending January 21, 2008.
B. The governor shall make all subsequent appointments as prescribed by statute.