SB 1184 Initials JB Page 1 Transportation & Infrastructure ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session Senate: TTMC DPA 4-3-0-0 | 3 rd Read 17-11-2-0 SB 1184: transportation department; continuation; prohibitions Sponsor: Senator Farnsworth, LD 10 Committee on Transportation & Infrastructure Overview Continues the Arizona Department of Transportation (ADOT) for an amount of time contingent on ADOT's implementation of the Auditor General's recommendations directed in its sunset review and performance audits. Outlines restrictions for AODT's use of public monies and resources. History Arizona Department of Transportation Laws 1973, Chapter 146 established ADOT to provide for an integrated and balanced state transportation system with a director responsible for the Department's administration (A.R.S. § 28-331). ADOT has exclusive control and jurisdiction over state highways, state routes, state-owned airports and all state-owned transportation systems or modes. The duties of ADOT are as follows: 1) register motor vehicles and aircraft, license drivers, collect revenues, enforce motor vehicle and aviation statutes and perform related functions; 2) do multimodal state transportation planning, cooperate and coordinate transportation planning with local governments and establish an annually updated priority program of capital improvements for all transportation modes; 3) design and construct transportation facilities in accordance with a priority plan and maintain and operate state highways, state- owned airports and state public transportation systems; 4) investigate new transportation systems and cooperate with and advise local governments concerning the development and operation of public transit systems; 5) have administrative jurisdiction of transportation safety programs and implement them following applicable law; and 6) operate a state motor vehicle fleet for all motor vehicles that are owned, leased or rented by this state (A.R.S. § 28- 332). ADOT terminates on July 1, 2024, unless legislation is enacted for its continuation (A.R.S. § 41-3024.25). Senate Transportation and Technology and House Transportation and Infrastructure Committee of Reference (COR) On January 4, 2024, the COR met jointly to conduct a review of ADOT and recommended that ADOT be continued for four to six years. The report of the Committee of Reference can be found here. SB 1184 Initials JB Page 2 Transportation & Infrastructure Provisions 1. Declares that ADOT's termination date is contingent on ADOT's implementation of the Auditor General's recommendations directed in its sunset review and performance audits. (Sec. 3) 2. Continues, retroactive to July 1, 2024, ADOT until: a) July 1, 2029, if ADOT has implemented less than 80% of the Auditor General's recommendations; b) July 1, 2030, if ADOT has implemented at least 80% but less than 90% of the Auditor General's recommendations; c) July 1, 2031, if ADOT has implemented at least 90% but less than 100% of the Auditor General's recommendations; or d) July 1, 2032, if ADOT has implemented 100% of the Auditor General's recommendations. (Sec. 3, 5) 3. Requires the Auditor General to write a follow-up report 18 months after the Sunset Review Report that states the percentage of Auditor General recommendations that ADOT has implemented. (Sec. 3) 4. Declares that ADOT's termination date will be based on the information stated in the Auditors General's follow-up report. (Sec. 3) 5. Requires the Auditor General to provide the follow-up report to the President of the Senate, the Speaker of the House of Representatives and the Governor. (Sec. 3) 6. Stipulates that a dispute regarding the Auditor General's determination of the percentage of implemented recommendations may onl y be overcome by clear and convincing evidence. (Sec. 3) 7. Repeals ADOT on January 1 of the year immediately following ADOT's termination date. (Sec. 3) 8. Prohibits ADOT from spending public monies or using public resources to: a) build or maintain facilities that charge motor vehicles except that ADOT may fund the installation of charging equipment on government-owned property to charge government-owned motor vehicles; b) require employees to engage in training, orientation or therapy that presents any form of blame or judgment on the basis of race, ethnicity or sex. If ADOT violates this requirement, ADOT must pay to the aggrieved employee an amount equal to the public monies that were spent or the value of public resources that were used; or c) develop a carbon reduction plan or a plan or strategy to reduce greenhouse gas emissions, except that ADOT may develop a plan if necessary to accept federal monies. ADOT may not implement any strategies identified in the plan without express legislative authorization. (Sec 1) 9. Includes a purpose statement. (Sec. 4) ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note