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HB 2287 - Arizona State Legislature

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HB 2287 - Arizona State Legislature Powered By Docstoc
					                     REFERENCE TITLE: DPS; governor's office highway safety




State of Arizona
House of Representatives
Forty-eighth Legislature
Second Regular Session
2008




                              HB 2287
                                Introduced by
                           Representative Schapira



                                   AN ACT

AMENDING SECTIONS 28-1304 AND 28-2010, ARIZONA REVISED STATUTES; AMENDING
TITLE 41, ARIZONA REVISED STATUTES, BY ADDING CHAPTER 44; TRANSFERRING AND
RENUMBERING SECTION 28-1303, ARIZONA REVISED STATUTES, FOR PLACEMENT IN TITLE
41, CHAPTER 44, ARTICLE 2, ARIZONA REVISED STATUTES, AS ADDED BY THIS ACT, AS
SECTION 41-4422; AMENDING SECTION 41-4422, ARIZONA REVISED STATUTES, AS
TRANSFERRED AND RENUMBERED BY THIS ACT; RELATING TO THE GOVERNOR'S OFFICE OF
HIGHWAY SAFETY.


                    (TEXT OF BILL BEGINS ON NEXT PAGE)




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     HB 2287




 1   Be it enacted by the Legislature of the State of Arizona:
 2         Section 1. Section 28-1304, Arizona Revised Statutes, is amended to
 3   read:
 4         28-1304. Driving under the influence abatement fund
 5         A. The driving under the influence abatement fund is established
 6   consisting of monies deposited pursuant to section 28-1382, subsection D,
 7   paragraph 3 and subsection F, paragraph 3 and section 28-1383, subsection J,
 8   paragraph 2.
 9         B. The oversight council on driving or operating under the influence
10   abatement established by section 28-1303 41-4422 shall administer the fund.
11         C. Twenty-five per cent of the monies deposited in the fund shall be
12   used for grants for innovative programs pursuant to section 28-1303 41-4422,
13   subsection H, paragraph 2 and seventy per cent of the monies deposited in the
14   fund shall be used for grants to political subdivisions and tribal
15   governments pursuant to section 28-1303 41-4422, subsection H, paragraph 1.
16         D. Not more than five per cent of the monies deposited in the fund
17   shall be used for both of the following:
18         1. Administrative purposes of the oversight council on driving or
19   operating under the influence abatement.
20         2. Payment of the costs of notification prescribed by section 28-1467.
21         E. Monies in the fund are:
22         1. Continuously appropriated.
23         2. Exempt from the provisions of section 35-190 relating to lapsing of
24   appropriations.
25         F. On notice from the oversight council on driving or operating under
26   the influence abatement, the state treasurer shall invest and divest monies
27   in the fund as provided in section 35-313, and monies earned from investments
28   shall be credited to the fund.
29         Sec. 2. Section 28-2010, Arizona Revised Statutes, is amended to read:
30         28-2010. Motorcycle safety fund; administration
31         A. A motorcycle safety fund is established consisting of monies
32   deposited pursuant to subsection B of this section and monies from gifts,
33   grants and other donations. The director of the governor's office of highway
34   safety shall administer the fund.      On notice from the director of the
35   governor's office of highway safety, the state treasurer shall invest and
36   divest monies in the fund as provided in section 35-313, and monies earned
37   from investment shall be credited to the fund. Up to ten per cent of the
38   monies in the fund may be used for administrative costs. Monies in the fund
39   are subject to legislative appropriation and are exempt from the provisions
40   of section 35-190 relating to lapsing of appropriations.
41         B. Notwithstanding section 28-2004, through June 30, 2010, the
42   director of the department of transportation shall deposit, pursuant to
43   sections 35-146 and 35-147, one dollar of each motorcycle registration fee
44   collected pursuant to section 28-2003 in the motorcycle safety fund.



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     HB 2287




 1         C. Subject to legislative appropriation, the director of the
 2   governor's office of highway safety shall use monies deposited in the
 3   motorcycle safety fund pursuant to this section, after consultation with the
 4   Arizona motorcycle TRAFFIC safety advisory council ESTABLISHED BY SECTION
 5   41-4421, to implement and support voluntary motorcycle education, awareness
 6   and other programs, including covering the cost of materials for motorcycle
 7   safety, education and awareness programs.
 8         D. Through June 30, 2010, the Arizona motorcycle safety advisory
 9   council is established consisting of five members who have experience in
10   motorcycle safety and who are appointed by the governor for three year
11   terms. Members may be removed for cause and may be reappointed. The council
12   shall meet at least quarterly and on the call of the director of the
13   governor's office of highway safety for advice on the expenditure of monies
14   in the motorcycle safety fund.
15         Sec. 3. Title 41, Arizona Revised Statutes, is amended by adding
16   chapter 44, to read:
17                                    CHAPTER 44
18                       GOVERNOR'S OFFICE OF HIGHWAY SAFETY
19                          ARTICLE 1. GENERAL PROVISIONS
20         41-4401. Governor's office of highway safety; director;
21                     department of public safety
22         THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY IS ESTABLISHED IN THE
23   DEPARTMENT OF PUBLIC SAFETY TO PROMOTE PUBLIC HEALTH, SAFETY AND WELFARE ON
24   THE HIGHWAYS IN THIS STATE. THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY
25   OR THE DIRECTOR'S DESIGNEE SHALL OVERSEE THE GOVERNOR'S OFFICE OF HIGHWAY
26   SAFETY.
27                   ARTICLE 2. ADVISORY AND OVERSIGHT COUNCILS
28         41-4421. Traffic safety advisory council; membership; report
29         A. THE TRAFFIC SAFETY ADVISORY COUNCIL IS ESTABLISHED IN THE
30   GOVERNOR'S OFFICE OF HIGHWAY SAFETY.     THE COUNCIL SHALL CONSIST OF THE
31   FOLLOWING MEMBERS WHO ARE APPOINTED BY, AND SERVE AT THE PLEASURE OF, THE
32   GOVERNOR:
33         1. THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY.
34         2. THE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION.
35         3. TWO MEMBERS WHO HAVE EXPERIENCE IN MOTORCYCLE SAFETY.
36         4. ADDITIONAL MEMBERS AS APPOINTED BY THE GOVERNOR.
37         B. THE COUNCIL SHALL:
38         1. DEVELOP STRATEGIES FOR IMPROVING TRAFFIC SAFETY ON FEDERAL, STATE,
39   COUNTY AND LOCAL ROADS THROUGH ENGINEERING, ENFORCEMENT, EDUCATION AND
40   EMERGENCY RESPONSE.
41         2. IDENTIFY BEST PRACTICES FOR IMPROVING TRAFFIC SAFETY, INCLUDING
42   PROGRAMS OR LAWS THAT ARE PROVEN EFFECTIVE IN:
43         (a) REDUCING THE NUMBER OF VIOLATIONS OF SECTION 28-645.
44         (b) REDUCING THE NUMBER OF VIOLATIONS OF TITLE 28, CHAPTER 4.



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 1         (c) INCREASING THE USE OF MOTOR VEHICLE PASSENGER RESTRAINTS AND CHILD
 2   PASSENGER RESTRAINT SYSTEMS.
 3         3. RECOMMEND SPECIFIC TRAFFIC SAFETY LEGISLATION.
 4         4. REVIEW AND RECOMMEND SPECIFIC EDUCATIONAL MATERIALS THAT COULD BE
 5   INCORPORATED INTO EXISTING OR NEW DRIVER TRAINING AND HIGH SCHOOL DRIVER
 6   EDUCATION CLASSES.
 7         5. ANALYZE CURRENT STATE AND FEDERAL LAWS AND PROGRAMS GOVERNING MOTOR
 8   CARRIER SAFETY AND RECOMMEND ANY CHANGES THAT WOULD ENHANCE THE EFFECTIVENESS
 9   OF THESE LAWS OR PROGRAMS.
10         6. ESTABLISH A MATRIX OF INDICATORS THAT OBJECTIVELY MEASURE AND
11   REPORT THIS STATE'S PROGRESS IN REDUCING SERIOUS INJURIES AND FATALITIES DUE
12   TO MOTOR VEHICLE ACCIDENTS IN THIS STATE.
13         7. DISCUSS EXPENDITURE OF MONIES IN THE MOTORCYCLE SAFETY FUND
14   ESTABLISHED BY SECTION 28-2010.
15         C. ON OR BEFORE DECEMBER 31 OF EACH YEAR, THE COUNCIL SHALL SUBMIT A
16   WRITTEN REPORT ON ITS RECOMMENDATIONS TO THE GOVERNOR, THE PRESIDENT OF THE
17   SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND SHALL PROVIDE A
18   COPY OF THIS REPORT TO THE SECRETARY OF STATE AND THE DIRECTOR OF THE ARIZONA
19   STATE LIBRARY, ARCHIVES AND PUBLIC RECORDS.
20         Sec. 4. Section 28-1303, Arizona Revised Statutes, is transferred and
21   renumbered for placement in title 41, chapter 44, article 2, Arizona Revised
22   Statutes, as added by this act, as section 41-4422, and as so renumbered, is
23   amended to read:
24         41-4422. Oversight council on driving or operating under the
25                      influence abatement
26         A. The oversight council on driving or operating under the influence
27   abatement is established IN THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY
28   consisting of the following ten members:
29         1. The director of the department of public safety or the director's
30   designee.
31         2. The assistant director for the motor vehicle division of the
32   department of transportation or the assistant director's designee.
33         3. The director of the governor's office of highway safety.
34         4. One member of the public who is appointed by the governor.
35         5. One member of the public who is appointed by the speaker of the
36   house of representatives.
37         6. One member of the public who is appointed by the president of the
38   senate.
39         7. One municipal law enforcement member who is appointed by the
40   governor on the recommendation of an Arizona association of chiefs of police.
41         8. One county law enforcement member who is appointed by the governor
42   on the recommendation of an Arizona county sheriff's association.
43         9. One city prosecutor who is appointed by the governor on the
44   recommendation of the Arizona prosecuting attorney's advisory council.



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     HB 2287




 1        10. One county attorney who is appointed by the governor on the
 2   recommendation of the Arizona prosecuting attorney's advisory council.
 3         B. Members appointed pursuant to subsection A, paragraphs 4, 5, 6, 7,
 4   8, 9 and 10 of this section serve three year staggered terms.
 5         C. Members appointed pursuant to subsection A, paragraphs 1, 2 and 3
 6   of this section shall serve as advisory nonvoting members of the council.
 7         D. The voting members of the council shall annually elect a
 8   chairperson from among the members. A member shall not serve consecutive
 9   terms as chairperson.
10         E. Members of the council are not eligible to receive compensation,
11   but members who are appointed pursuant to subsection A, paragraphs 4, 5, 6,
12   7, 8, 9 and 10 of this section are eligible for reimbursement of expenses
13   pursuant to title 38, chapter 4, article 2.
14         F. The oversight council on driving or operating under the influence
15   abatement may use the facilities for meeting and the staff of the Arizona
16   criminal justice commission.
17         G. The oversight council on driving or operating under the influence
18   abatement may enter into interagency agreements with the Arizona criminal
19   justice commission and other agencies for agency business.
20         H. The council shall:
21         1. Make grants from the driving under the influence abatement fund
22   established by section 28-1304 to political subdivisions and tribal
23   governments that apply for monies for enforcement purposes, prosecutorial and
24   judicial activities and alcohol abuse treatment services related to
25   preventing and abating driving or operating under the influence occurrences
26   in a motor vehicle or a motorized watercraft as defined in section 5-301.
27         2. Make grants from the driving under the influence abatement fund
28   established by section 28-1304 to innovative programs that use emerging
29   technologies to educate, prevent or deter occurrences of driving or operating
30   under the influence in a motor vehicle or a motorized watercraft.
31         3. Receive quarterly reports from the entities receiving grants and
32   evaluate their effectiveness. The council may make additional grants to the
33   recipients and oversee the progress of those programs.
34         4. On or before December 1 of each year, submit a written report on
35   the effectiveness of the grants provided in reducing the incidence of driving
36   or operating under the influence to the governor, the speaker of the house of
37   representatives, AND the president of the senate and shall provide a copy of
38   this report to the secretary of state and the director of the Arizona state
39   library, archives and public records.




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