Bill Text: AZ HB2318 | 2011 | Fiftieth Legislature 1st Regular | Engrossed
Bill Title: Regional and public transportation authorities
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2011-04-26 - Governor Signed [HB2318 Detail]
Download: Arizona-2011-HB2318-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HOUSE BILL 2318 |
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AN ACT
amending sections 28‑9102, 48‑5301 and 48‑5302, Arizona Revised Statutes; relating to transportation authorities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-9102, Arizona Revised Statutes, is amended to read:
28-9102. Formation
A. An intergovernmental public transportation authority may be organized as provided by this section in any county with a population of two hundred thousand persons or less.
B. The governing body of one or more incorporated cities or towns may petition the county board of supervisors to establish an authority consisting of the area within the incorporated boundary of the municipality or municipalities.
C. If the organizing municipalities are not contiguous, the unincorporated areas between the organizing municipalities must also be included in the authority with the approval of the county board of supervisors. The board of supervisors shall establish the boundaries of the unincorporated area to be included in the authority.
D. Incorporated cities and towns in different counties, each of which meet the population limit prescribed by subsection A, may petition their respective county boards of supervisors to establish a joint authority consisting of the combined areas within their respective municipal boundaries and including any intervening unincorporated areas in the counties.
E. The board of supervisors shall hold at least one hearing on the petition in one of the petitioning municipalities to determine public support for the authority and whether establishing the authority would be in the public interest. In the case of petitioning municipalities in different counties, the board of supervisors of each county shall hold separate hearings and each board shall make its determination separately.
F. If the board of supervisors determines that establishing the authority would serve the public convenience, necessity, safety or welfare, the board of supervisors shall establish the authority by a resolution that includes a description of the boundaries of the authority. In the case of an authority in different counties, the county boards of supervisors shall establish the authority by an intergovernmental agreement.
G. If an authority is established under this chapter, any university that is under the jurisdiction of the Arizona board of regents and that is located in a municipality in the authority, any community college district that is located in a municipality in the authority, or any Indian nation that has a boundary within a county in which an authority is established, may become a member of the authority by intergovernmental agreement. END_STATUTE
Sec. 2. Section 48-5301, Arizona Revised Statutes, is amended to read:
48-5301. Definitions
In this chapter, unless the context otherwise requires:
1. "Arterial street or highway" means a street or highway that is used primarily for through traffic such that vehicular traffic from intersecting streets and highways is required by law to stop or yield before entering or crossing the street or highway.
2. "Authority" means a regional transportation authority organized under this chapter.
3. "Board" means the board of directors of a regional transportation authority established pursuant to section 48‑5303.
4. "Controlled access highway" has the same meaning prescribed in section 28‑601.
5. "County" means a county with a population of more than two hundred thousand but less than one million two hundred thousand persons in which a regional transportation authority is established pursuant to section 48‑5302.
6. "Fiscal agent" means a bank or trust company authorized to do business in this state or the county treasurer as designated by the board.
7. "Municipality" means an incorporated city or town.
8. "Population" means the population determined in the most recent United States decennial census or the most recent special census as provided in section 28‑6532.
9. "Public transportation" means local transportation of passengers by means of a public conveyance, including para-transit.
Sec. 3. Section 48-5302, Arizona Revised Statutes, is amended to read:
48-5302. Regional transportation authority; establishment
A. A regional transportation authority is established in a county with a population of more than four hundred thousand but less than one million two hundred thousand persons. The board of supervisors of a county with a population of four hundred thousand or fewer persons but more than two hundred thousand persons may establish a regional transportation authority in the county.
B. An authority is a public, political, tax levying public improvement and taxing subdivision of this state and a municipal corporation to the extent of the powers and privileges conferred by this chapter or granted generally by the constitution and statutes of this state, including immunity of its property and the interest income and gain on its bonds from taxation.
C. The membership of the authority consists of each municipality in the county, the county and any other members of the regional council of governments. The authority may operate in all areas of the county in which it is organized.
D. The executive director of the regional council of governments acts as the executive director of the authority and serves in that specific role until replaced at the discretion of the board of the regional council of governments.
