reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 27 - Minerals, Oil and Gas › § 27-1277 - Annual status report

27-1277.
Annual status report
A. Within sixty days after the anniversary date of approval of each reclamation plan the owner or operator shall submit to the division a status report for the preceding year.
B. The report shall be in a form prescribed by the state mine inspector and shall include:
1. The acreage of surface disturbance during the reporting year and the total acreage of surface disturbance at the mining facility.
2. The acreage of reclamation conducted during the reporting year and the total acreage of reclamation at the mining facility.
3. The status of the aggregate mining operation at the end of the reporting year.
4. Any change in the names and addresses of the owner,  operator and the regulatory contact.
C. The inspector may request further information to supplement or clarify the report,  but if the inspector does not respond within thirty days after receiving the report,  it is considered to be accepted for the purposes of this section.
2023 Arizona Revised Statutes › Title 27 - Minerals, Oil and Gas › § 27-1291 - Financial assurance requirements; form

27-1291.
Financial assurance requirements;  form
A. On or before January 1,  2007,  as required by this chapter,  owners and operators of exploration operations and aggregate mining units who create surface disturbances shall provide financial assurance mechanisms to the inspector as provided by this article.
B. Allowable financial assurance mechanisms for purposes of this article include any or a combination of the following:
1. Surety bond.
2. Certificate of deposit.
3. Trust fund with pay-in period.
4. Letter of credit.
5. Insurance policy.
6. Certificate of self-insurance.
7. Cash deposit with the state treasurer.
8. Evidence of ability to meet a corporate financial test or corporate guarantees as provided by 40 Code of Federal Regulations section 264.143(f).
9. Annuities.
10. Bonding pools.
11. Additional financial assurance mechanisms that are acceptable to the inspector.
2023 Arizona Revised Statutes › Title 27 - Minerals, Oil and Gas › § 27-1292 - Aggregate mining unit or existing exploration operation

27-1292.
Aggregate mining unit or existing exploration operation
A. The owner or operator of an existing exploration operation or a new or existing aggregate mining unit shall transmit a financial assurance mechanism to the state mine inspector within sixty days after a reclamation plan is approved. The inspector shall take final action on the financial assurance mechanism within thirty days after it is received.
B. In determining the amount of financial assurance to be provided for an existing exploration operation or a new or existing aggregate mining unit,  the inspector shall consider the costs of approved reclamation measures stated in the reclamation plan. In computing reclamation costs,  the inspector shall assume that third parties will perform the reclamation measures. The inspector shall reduce the amount of the required financial assurance to the costs of the owner or operator performing the reclamation measures if the owner or operator can demonstrate sufficient financial ability to perform the necessary reclamation or if the owner or operator meets the financial assurance reduction criteria established by rule. Financial ability shall be established by one or more of the financial mechanisms described in 40 Code of Federal Regulations section 264.143(f).
C. Each financial assurance mechanism for an existing exploration or new or existing aggregate mining unit submitted to the inspector shall provide the amount in current dollars equal to the cost to:
1. Perform the approved reclamation measures stated in the reclamation plan on the area of surface disturbance.
2. Provide continued care and monitoring of the areas stated in the reclamation plan for revegetation for no more than three growing seasons without additional supplemental irrigation or other man-induced inputs after performing the reclamation measures unless the supplemental inputs are part of the postaggregate mining land use. Notwithstanding this paragraph,  revegetation efforts that are necessary to achieve the postaggregate mining land use objective are considered adequate and complete if the owner or operator has taken reasonable measures to achieve vegetative success. Technical and economic practicability as it relates to site-specific conditions and the proposed postaggregate mining land use shall be taken into account in making that determination.
D. The inspector shall adjust the amount of financial assurance every five years or more often as necessary to adjust for new areas of planned surface disturbances or inflation or to reflect changed costs resulting from substantial modifications of the reclamation plan.
2023 Arizona Revised Statutes › Title 27 - Minerals, Oil and Gas › § 27-1293 - New exploration operation

27-1293.
New exploration operation
A. Beginning January 1,  2007,  the owner or operator of a new exploration operation shall furnish a financial assurance mechanism to the state mine inspector in an amount equivalent to two thousand dollars per acre of new surface disturbance,  unless the inspector approves a cost estimate for an amount less than two thousand dollars per acre.
B. An owner or operator may provide a single financial assurance mechanism for all of its exploration operations conducted in this state.
2023 Arizona Revised Statutes › Title 27 - Minerals, Oil and Gas › § 27-1294 - Duplication of financial assurance not required

27-1294.
Duplication of financial assurance not required
Financial assurance is not required under this article that duplicates financial assurance that is required under other local,  state or federal laws. Evidence of financial assurance under this article that would be duplicated must be filed with the state mine inspector.
2023 Arizona Revised Statutes › Title 27 - Minerals, Oil and Gas › § 27-1296 - Release of financial assurance

27-1296.
Release of financial assurance
A. An owner or operator may apply to the state mine inspector to release all or part of the financial assurance provided under this article. The application shall:
1. Describe the reclamation measures that have been performed.
2. Describe any surface disturbances proposed in the reclamation plan that have not been disturbed.
3. Contain an estimate of the costs of reclamation measures that have not been performed.
B. Within sixty days after receiving a complete application,  the inspector shall release all or part of the financial assurance except for any amount that is necessary to perform the reclamation measures identified in the reclamation plan. After the reclamation measures have been performed,  the remaining financial assurance shall be released,  except that ten per cent shall be retained for the costs of care,  monitoring and one reseeding,  if necessary,  for areas that have been revegetated. The inspector shall release the retained monies after a period of not more than three growing seasons after the supplemental management or other man-induced inputs have been finally removed or as otherwise provided in section 27-1292,  subsection B.
2023 Arizona Revised Statutes › Title 27 - Minerals, Oil and Gas › § 27-1297 - Rules; release, forfeiture or exercise of financial assurance

27-1297.
Rules;  release,  forfeiture or exercise of financial assurance
A. The state mine inspector shall adopt rules for:
1. Reviewing and acting on applications to release all or part of the financial assurance under this article.
2. Ensuring the implementation of the reclamation plan through forfeiture or exercise of the financial assurance on failure to implement the reclamation plan as required by this article.
B. The rules shall provide for written notice to all principals and sureties on the financial assurance and an opportunity for a hearing.
2023 Arizona Revised Statutes › Title 27 - Minerals, Oil and Gas › § 27-1321 - Inspections

27-1321.
Inspections
Beginning January 1,  2007,  the state mine inspector may enter and inspect,  during normal business hours,  any exploration operation or aggregate mining facility that is subject to this chapter to determine compliance with this chapter. The inspector shall give the owner or operator the opportunity to have its representative accompany the inspector. Within thirty days after the date of the inspection,  the division shall provide to the owner or operator a copy of any inspection report produced as a result of any inspection of the exploration operation or aggregate mining facility.
2023 Arizona Revised Statutes › Title 27 - Minerals, Oil and Gas › § 27-1322 - Compliance orders

27-1322.
Compliance orders
A. Beginning January 1,  2007,  if the state mine inspector determines that a person is violating this chapter,  a rule adopted pursuant to this chapter or any condition of a reclamation plan approved pursuant to this chapter or is causing an imminent and substantial danger to the public safety,  the inspector may issue an order requiring compliance either immediately or within a stated period of time.
B. A compliance order shall state with reasonable specificity the nature of the violation,  a time for compliance,  if applicable,  and the right to a hearing.
C. The inspector shall transmit the compliance order to the alleged violator either by certified mail,  return receipt requested,  or by hand delivery.
D. At the inspector's request,  the attorney general may file an action in superior court to enforce orders issued under this section after the order becomes final. The action shall be filed in superior court in the county in which the alleged violation occurred or in which the inspector maintains an office.
2023 Arizona Revised Statutes › Title 27 - Minerals, Oil and Gas › § 27-1323 - Enforcement action on reclamation plan approval

27-1323.
Enforcement action on reclamation plan approval
A. The state mine inspector may suspend,  withdraw or revoke a reclamation plan approval if the inspector determines that the facility is in violation of any rule adopted pursuant to this chapter.
B. Any action taken under this section shall comply with the requirements of title 41,  chapter 6,  article 10.
2023 Arizona Revised Statutes › Title 27 - Minerals, Oil and Gas › § 27-1324 - Injunctive relief; civil penalties

27-1324.
Injunctive relief;  civil penalties
A. Beginning January 1,  2007,  if the state mine inspector has reason to believe that a person is violating this chapter or a rule adopted pursuant to this chapter or that a person is causing an imminent and substantial danger to the public safety,  the inspector,  through the attorney general,  may request a temporary restraining order,  a preliminary injunction,  a permanent injunction or any other relief necessary to protect the public safety,  without regard to whether the person has requested a hearing.
B. A person who violates this chapter or a rule,  order or reclamation plan approval adopted or issued pursuant to this chapter is subject to a civil penalty of not more than one thousand dollars for each day of violation,  not to exceed fifteen thousand dollars for each violation. At the inspector's request,  the attorney general shall file an action in superior court to recover civil penalties as prescribed by this section.
C. An action filed under this section shall be brought in superior court in the county in which the alleged violation occurred or in which the inspector maintains an office.
2023 Arizona Revised Statutes › Title 27 - Minerals, Oil and Gas › § 27-1325 - Agency order; appeal

27-1325.
Agency order;  appeal
A. An order issued by the state mine inspector pursuant to this article is final unless the defendant requests a hearing pursuant to title 41,  chapter 6,  article 10 within thirty days after receiving the order.
B. Except as provided in section 41-1092.08,  subsection H,  a final agency order is subject to judicial review pursuant to title 12,  chapter 7,  article 6.
2023 Arizona Revised Statutes › Title 27 - Minerals, Oil and Gas › § 27-1326 - Violation; classification

27-1326.
Violation;  classification
A. Beginning January 1,  2007,  an owner or operator of an exploration operation or aggregate mining unit shall not:
1. Cause a surface disturbance at an exploration operation or aggregate mining unit in violation of this chapter.
2. Fail or refuse to conduct reclamation according to the terms of a reclamation plan authorized by this chapter.
B. A person who violates this section is guilty of a class 2 misdemeanor.
2023 Arizona Revised Statutes › Title 27 - Minerals, Oil and Gas › § 27-1327 - Procurement; aggregate materials; eligibility

27-1327.
Procurement;  aggregate materials;  eligibility
Beginning January 1,  2008,  a person is not eligible for consideration for award of contracts for the sale of aggregate pursuant to title 41,  chapter 23 until that person has an approved reclamation plan pursuant to this chapter.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-121 - Violation; classification; exception; civil traffic violation; surcharge

28-121.
Violation;  classification;  exception;  civil traffic violation;  surcharge
A. A person who violates a provision of this title or who fails or refuses to do or perform an act or thing required by this title is guilty of a class 2 misdemeanor,  unless the statute defining the offense provides for a different classification. This subsection does not apply to any provision or requirement of chapter 3,  5,  7 or 8 or chapter 9,  article 4 of this title.
B. A violation of or failure or refusal to do or perform an act or thing required by chapter 3,  5,  7 or 8 or chapter 9,  article 4 of this title is a civil traffic violation unless the statute defining the violation provides for a different classification. Civil traffic violations are subject to chapter 5,  articles 3 and 4 of this title.
C. In addition to any other penalty assessment provided in this title,  the court shall levy the surcharge as required by sections 12-116.01 and 12-116.02.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-141 - Prearranged ground transportation; applicability; definitions

28-141.
Prearranged ground transportation;  applicability;  definitions
A. The department shall not require a permit or impose a fee on a motor vehicle providing prearranged ground transportation service if the motor carrier providing the service does all of the following:
1. Meets all applicable registration requirements for the interstate transportation of passengers under the ICC termination act of 1995 (P.L. 104-88;  109 Stat. 879;  49 United States Code sections 13901 through 13908).
2. Meets all applicable vehicle and intrastate passenger licensing requirements of the state in which the vehicle is domiciled or registered to do business.
3. Provides the service pursuant to a contract for either of the following:
(a) Transportation from this state,  including intermediate stops,  to a destination in another state.
(b) Transportation from this state,  including intermediate stops in another state,  to a destination in this state.
B. For the purposes of this section:
1. " Intermediate stop"  means a pause in the transportation in order for one or more passengers to engage in personal or business activity,  but only if the driver providing the transportation to the passenger does not,  before resuming the transportation of the passenger or at least one of the passengers,  provide transportation to any other person not included among the passengers being transported when the pause began.
2. " Prearranged ground transportation service"  means transportation for a passenger or a group of passengers that is arranged in advance or that is operated on a regular route or between specified points.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-142 - Livery vehicle, taxi, transportation network company vehicle, transportation network company and limousine regulation; state preemption

28-142.
Livery vehicle,  taxi,  transportation network company vehicle,  transportation network company and limousine regulation;  state preemption
The regulation and use of livery vehicles,  taxis,  transportation network company vehicles,  transportation network companies and limousines are of statewide concern. Livery vehicles,  taxis,  transportation network company vehicles and limousines and their use and transportation network companies that are regulated pursuant to this title are not subject to further regulation by a county,  city,  town or other political subdivision of this state,  except that a public airport operator that operates a public airport pursuant to section 28-8421,  28-8423 or 28-8424 or a public body operating a public airport may establish the number of livery vehicles,  taxis,  transportation network company vehicles,  transportation network companies or limousines that may conduct business at a public airport or may set additional or more restrictive requirements for the conduct of that business at a public airport.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-143 - Heavy and commuter rail; construction; definitions

28-143.
Heavy and commuter rail;  construction;  definitions
A. For each heavy rail or commuter rail project,  the licensed contractor performing the construction shall perform,  with the contractor's own organization,  construction work on the rail component that amounts to not less than thirty per cent of the contract price for construction of the rail component.
B. The thirty per cent self-performance requirement of subsection A of this section does not apply if the contract price for construction of the rail component is less than one-half of the total contract price for construction of the heavy rail or commuter rail project.
C. Project elements shall not be artificially added to a project to make a project into a heavy rail or commuter rail project. Project elements shall not be artificially deleted from a project to make a project not a heavy rail or commuter rail project.
D. The department may include in any heavy rail or commuter rail project:
1. Rail components.
2. Stations,  maintenance or repair facilities,  operations centers,  office buildings or parking facilities related to heavy rail or commuter rail.
E. If any monies for a heavy rail or commuter rail project are provided by the federal government,  any requirement or other provision of this section does not apply to the heavy rail or commuter rail project if the requirement or provision is in conflict with any requirement of federal law,  regulation or policy,  the federal government or the federal funding agency.
F. For the purposes of this section,  in determining the contract price for construction of all or any part of a heavy rail or commuter rail project,  the contract price for construction does not include the cost of preconstruction services or design services,  as defined in section 28-7361,  any other related services or the cost to procure any right-of-way or other cost of condemnation.
G. This section applies to the design-bid-build,  design-build,  construction-manager-at-risk and job-order-contracting project delivery methods.
H. For the purposes of this section:
1. " Heavy rail or commuter rail project"  means a department facilities project for heavy rail or commuter rail,  including any rail component and any stations,  maintenance or repair facilities,  operations centers,  office buildings or parking facilities relating to heavy rail or commuter rail.
2. " Rail component"  means the part of a heavy rail or commuter rail project related to the track and operation of trains on the track,  including the rails,  ties,  track bed,  subgrade,  excavations,  dirt,  rock and other materials removal and buildup,  signals and communications equipment,  highway crossings and crossing gates and signals. Rail component does not include any stations,  maintenance or repair facilities,  operations centers,  office buildings or parking facilities.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-144 - Driver license or permit restrictions

28-144.
Driver license or permit restrictions
A. Except as otherwise provided by law,  a restriction on a person's driver license or permit to drive as a result of a conviction for a violation of this title may limit the person's privilege to drive for the following applicable purposes:
1. Between the person's residence and place of employment during specified periods of time while at employment.
2. Between the person's residence or place of employment and the person's school according to the person's employment or education schedule.
3. Between the person's residence,  place of employment or school and the office of a health professional as defined in section 32-3201.
4. Between the person's residence,  place of employment or school and a screening,  education or treatment facility for scheduled appointments.
5. Between the person's residence,  place of employment or school and the office of the person's probation officer for scheduled appointments,  including any appointment that is required to fulfill a condition or requirement that is imposed on the person by this state or a political subdivision of this state.
6. Between the person's residence,  place of employment or school and a certified ignition interlock device service facility.
7. Between the person's residence and a location designated for the purpose of parenting time as defined in section 25-401.
8. To transport a dependent person between the driver's or dependent person's residence and the dependent person's employment,  school or medical appointment.
9. Between the person's residence and court-ordered screening,  education or treatment for scheduled appointments.
B. This section does not apply to a person who is the holder of a commercial driver license issued pursuant to this title.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-145 - Vehicle energy source; restrictions prohibited; exception

28-145.
Vehicle energy source;  restrictions prohibited;  exception
Except as provided in section 28-737,  section 49-410 and its implementing rules and sections 49-571 and 49-573,  this state or a city,  town,  county or political subdivision of this state shall not restrict the use or sale of a vehicle in this state if the restriction is based on the vehicle's energy source. This section does not apply to government-owned vehicles.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-301 - Transportation districts

28-301.
Transportation districts
A. Except as provided in subsection B,  the state is divided into six transportation districts as follows:
1. First district,  Maricopa county.
2. Second district,  Pima county.
3. Third district,  Cochise,  Greenlee and Santa Cruz counties.
4. Fourth district,  Gila,  Graham and Pinal counties.
5. Fifth district,  Apache,  Coconino and Navajo counties.
6. Sixth district,  La Paz,  Mohave,  Yavapai and Yuma counties.
B. If,  after January 1,  2009,  a county attains a population of five hundred thousand or more persons,  a new district shall be formed consisting of only that county. The county shall be removed from the district it was in before the new district was formed. The clerk of the county board of supervisors,  with the concurrence of the Arizona commerce authority,  shall notify the governor,  the state transportation board and the department of transportation of the new district by the end of the calendar year in which the county becomes qualified under this subsection. The governor shall appoint an additional member of the state transportation board for the new district pursuant to this section within sixty days after receiving the notice.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-302 - Transportation board; members; appointments; terms; compensation

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 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.
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 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,  the member's office becomes vacant.
G. Each member is eligible to receive compensation pursuant to section 38-611.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-303 - Powers and duties of the board; meetings

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 may call special meetings with the concurrence of at least two 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. The chairman 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 shall preside in the absence of the chairman. 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 membership on the board is terminated for any reason,  the remaining members of the board shall select another member to serve as chairman until the regular organizational meeting on or before the third Monday in January of each year.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-305 - Powers and duties of the board; rules

28-305.
Powers and duties of the board;  rules
The board may prescribe rules for the effective administration of its powers,  duties and responsibilities,  including rules relating to:
1. Priority programs.
2. Establishing,  altering or vacating highways.
3. Construction contracts.
4. Revenue bonds.
5. Local government airport grants.
6. Prohibiting bid rigging.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-306 - Statewide transportation policy statement

28-306.
Statewide transportation policy statement
A. The board shall develop a statewide transportation policy statement as provided in this section.
B. The statewide transportation policy statement shall be developed and adopted on or before January 1,  2003 and shall be reviewed and updated on or before January 1 of each odd-numbered year thereafter.
C. The statewide transportation policy statement shall include the performance expectations for the statewide transportation system over the next twenty years using the performance measures developed pursuant to section 28-504. The policy statement shall provide guidance to the department in developing a comprehensive and balanced statewide highway system.
D. In establishing the long-range policy goals for the statewide transportation system,  the board shall ensure that the future transportation system facilitates,  rather than directs,  future development in this state.
E. In establishing the statewide transportation policy statement,  the board shall consider,  to the greatest extent possible,  local,  regional and tribal transportation goals.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-307 - Long-range statewide transportation plan; board duties

28-307.
Long-range statewide transportation plan;  board duties
A. The board shall develop a statewide transportation plan as provided in this section and section 28-506.
B. The statewide plan shall be adopted on or before December 31,  2006 and shall be reviewed and updated on or before July 1 of each fifth year thereafter. The board shall update the dollar estimates in the statewide plan every two years in conjunction with the certifications required by section 28-335.
C. In establishing the statewide plan,  the board shall endeavor to ensure that the future transportation system facilitates,  rather than directs,  future development in this state. To the greatest extent possible,  the board shall ensure that the statewide plan reflects the future transportation needs of the various areas of this state as reflected in adopted local and regional land use and general plans.
D. In establishing the statewide plan,  the board shall consider,  to the greatest extent possible,  local,  regional and tribal transportation plans.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-331 - Department of transportation established

28-331.
Department of transportation established
A. A department of transportation is established. The department shall provide for an integrated and balanced state transportation system.
B. The director is responsible for the administration of the department.
C. The transportation board has the policy powers and duties prescribed in sections 28-304,  28-305,  28-7209 and 28-8202 and shall advise the director on other matters as required.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-332 - Department of transportation jurisdiction; duties

28-332.
Department of transportation jurisdiction;  duties
A. The exclusive control and jurisdiction over state highways,  state routes,  state-owned airports and all state-owned transportation systems or modes are vested in the department of transportation.
B. The department shall:
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 in accordance with applicable law.
6. Except as provided in section 28-472,  subsection F,  operate a state motor vehicle fleet for all motor vehicles that are owned,  leased or rented by this state.
C. In order to carry out the responsibilities enumerated in subsection B of this section,  the department is organized into the following divisions:
1. Motor vehicle.
2. Transportation planning.
3. Highways.
4. Aeronautics.
5. Public transit.
6. Administrative services.
D. The director may do any of the following:
1. Establish divisions in addition to those prescribed in subsection C of this section.
2. Reorganize the department.
3. Consolidate the department.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-333 - Legal counsel

28-333.
Legal counsel
The attorney general is the legal adviser of the department and shall provide legal services as the department requires. Compensation for personnel assigned by the attorney general to perform the services is a charge against appropriations to the department. The attorney general shall prosecute and defend in the name of this state all actions necessary to carry out this title.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-334 - Acceptance and expenditure of federal monies; limitations

28-334.
Acceptance and expenditure of federal monies;  limitations
A. The department may accept and expend grants,  donations,  aid or other monies received from the federal government or any agency of the federal government for any transportation purpose.
B. The department may contract and do all things necessary to secure the full benefits available to this state for transportation purposes under federal law and,  in doing so,  may cooperate with federal,  state and local government agencies,  Indian tribes,  private and public organizations and private individuals. The department may exchange federal funds with local governments in order to receive local funds and may include additional federal funds in the exchange to offset matching costs required of local governments.
C. The department may:
1. Assume the responsibility of the United States department of transportation with respect to highway projects with this state under the national environmental policy act of 1969 (P.L. 91-190;  83 Stat. 852;  42 United States Code sections 4321 through 4347) and with respect to related responsibility for environment review,  consultation or other action required under any federal environmental law pertaining to review or approval of a highway project in this state.
2. Assume responsibility under 23 United States Code sections 326 and 327 and enter into one or more agreements,  including memoranda of understanding with the United States secretary of transportation related to the state assumption of responsibility for categorical exclusions as provided by 23 United States Code section 326 and the federal surface transportation project delivery program for the delivery of highway projects as provided by 23 United States Code section 327. Sovereign immunity from civil suit in federal court is waived consistent with 23 United States Code sections 326 and 327 and limited to the compliance,  discharge or enforcement of a responsibility assumed by the department under this paragraph.
D. This chapter does not affect the authority of other agencies or boards of this state or political subdivisions from accepting,  receiving or expending grants or other monies from the federal government or any agency of the federal government for transportation purposes pursuant to other provisions of law or charter.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-335 - Comprehensive financial management system

28-335.
Comprehensive financial management system
A. The department shall establish a comprehensive financial management system.
B. The comprehensive financial management system shall include separate certifications of future estimated revenues and future estimated system costs as reflected in the long-range statewide transportation plan developed and updated pursuant to sections 28-307 and 28-506. All transportation revenues,  including federal,  state,  regional and local revenues,  shall be included in the certifications. All transportation costs shall be included in the certification of anticipated costs,  including optimal long-term system preservation costs and system maintenance and administration costs as well as system expansion costs. In developing the data collection and reporting methodologies,  until January 1,  2006,  the department shall provide for the use of estimates of the items required in this section if the department or a regional or local transportation agency is unable to obtain reliable information pertaining to the items required.
C. The department shall complete the certifications on or before December 31,  2004 and on or before July 1 of each even-numbered year thereafter.
D. All state,  regional and local transportation agencies shall assist the department in preparing the certifications. Tribal governments are encouraged to assist the department in preparing the certifications.
E. If the department is unable to obtain reliable information concerning the revenues or costs of components of the transportation system,  it may develop and use estimates of those amounts in order to comply with this section.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-336 - REAL ID act; implementation prohibited

28-336.
REAL ID act;  implementation prohibited
This state shall not participate in the implementation of the REAL ID act of 2005 (P.L. 109-13,  division B;  119 Stat. 302). The department shall not implement the REAL ID act of 2005 and shall report to the governor and the legislature any attempt by agencies or agents of the United States department of homeland security to secure the implementation of the REAL ID act of 2005 through the operations of the United States department of homeland security.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-337 - High occupancy vehicle lane; lane degradation; priority use

28-337.
High occupancy vehicle lane;  lane degradation;  priority use
A. In accordance with 23 United States Code section 166,  the department shall develop procedures to monitor the impact that single occupancy vehicles authorized under sections 28-2416 and 28-2416.01 have on the operation of the high occupancy vehicle lanes.
B. If a high occupancy vehicle lane becomes degraded due to the authorization of single occupancy vehicles authorized under sections 28-2416 and 28-2416.01,  use of the lane is restricted to the following vehicles in the following priority:
1. Passenger vehicles with two or more occupants,  including the driver.
2. Public transit buses.
3. Buses with two or more occupants,  including the driver.
4. Motorcycles.
5. Alternative fuel vehicles.
6. Low emission and energy efficient vehicles.
C. The department shall limit use to vehicles in the priority order prescribed in subsection B of this section and shall maintain those restrictions while the lane or portion of the lane remains degraded.
D. For the purposes of this section,  a high occupancy vehicle lane is degraded if vehicles operating on the facility,  or portions of the facility,  are failing to maintain a speed of forty-five miles per hour or greater ninety per cent of the time over a consecutive one hundred eighty day period during morning and evening weekday peak hour periods.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-338 - Enhanced driver license prohibition

28-338.
Enhanced driver license prohibition
This state shall not participate in the implementation of an enhanced driver license program to satisfy the requirements of the federal western hemisphere travel initiative or the REAL ID act of 2005 (P.L. 109-13,  division B;  119 Stat. 302). The department shall not implement an enhanced driver license program and shall report to the governor and the legislature any attempt by agencies or agents of the United States department of homeland security to secure the implementation of an enhanced driver license program through the operations of the United States department of homeland security.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-361 - Director; appointment; compensation

28-361.
Director;  appointment;  compensation
A. The governor shall appoint the director pursuant to section 38-211 from a list of qualified candidates submitted by the transportation board. The director serves at the pleasure of the governor.
B. The department of administration in consultation with the governor's office shall prepare a job description for the position of director and shall recruit candidates for the position. The board shall receive and review applications for the position of director and shall forward the names of all qualified applicants to the governor. The governor may ask for additional names and recommendations at any time.
C. The director is eligible to receive compensation pursuant to section 38-611.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-366 - Director; rules

28-366.
Director;  rules
The director shall adopt rules pursuant to title 41,  chapter 6 as the director deems necessary for:
1. Collection of taxes and license fees.
2. Public safety and convenience.
3. Enforcement of the provisions of the laws the director administers or enforces.
4. The use of state highways and routes to prevent the abuse and unauthorized use of state highways and routes.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-367 - Public transit

28-367.
Public transit
The director shall:
1. Receive,  allocate,  control and disperse all monies designated for state public transit programs by federal or state law.
2. Pass on projects for construction in cooperation with the United States.
3. Negotiate and enter into contracts on behalf of this state with the United States for the cooperative construction and maintenance of federal aid public transit systems in this state.
4. Enter into agreements on behalf of this state with counties,  cities,  towns,  public transit districts or any other political subdivisions for the improvement or maintenance of public transit systems or for the joint improvement or maintenance of public transit systems.
5. Enter into contracts for the construction of state public transit systems.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-368 - Property acquisition; definition

28-368.
Property acquisition;  definition
A. The director may acquire in the name of this state by gift,  grant,  purchase,  lease-purchase,  condemnation or any other lawful manner real property or buildings that are necessary,  useful or convenient for the use of the department. The director shall not acquire land or buildings by purchase or condemnation without prior approval of the joint committee on capital review established by section 41-1251 and without an appropriation of monies by the legislature for the acquisition.
B. The director may enter into certificate of participation financing arrangements to provide financing or refinancing for real property or buildings that are necessary,  useful or convenient for the use of the department.
C. A lease-purchase agreement relating to land or buildings under this section shall provide that:
1. The obligation of this state to make a payment under the agreement is a current expense of the department,  is payable exclusively from appropriated monies and is not a general obligation indebtedness of this state or the department.
2. If the legislature fails to appropriate monies or the department fails to allocate the monies for any periodic payment or renewal term of the agreement,  the agreement terminates at the end of the current term and this state and the department are relieved of any subsequent obligation under the agreement.
3. The attorney general and the joint committee on capital review shall review and approve the agreement before the lease-purchase agreement takes effect.
D. The attorney general shall review the agreement for compliance with the constitution and laws of this state. If in the attorney general's opinion the agreement is in compliance,  the attorney general shall append the attorney general's certification to the agreement and return it to the department. On request by the director,  the attorney general may give other opinions relating to the agreement.
E. The joint committee on capital review shall review and approve a lease-purchase agreement under this section before the agreement takes effect.
F. The department may covenant to use its best efforts to budget,  obtain,  allocate and maintain sufficient appropriated monies to make payments under a lease-purchase agreement. The agreement shall acknowledge that appropriating state monies is a legislative act and is beyond the control of the department or of any other party to the agreement.
G. For the purposes of this section,  " certificate of participation financing"  means an installment purchase or lease-purchase agreement that is subject to appropriations and that is structured to allow investors to receive a portion of the principal and interest payments made by the department as required by the agreement.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-369 - Law enforcement powers; ports of entry; violation; classification

28-369.
Law enforcement powers;  ports of entry;  violation;  classification
A. The director and officers,  agents and employees of the department or local or state law enforcement agencies the director designates are peace officers. The director may designate:
1. Regular peace officers with like authority of other peace officers of this state or cities and towns of this state.
2. Specialty peace officers whose powers are limited to the enforcement of motor vehicle laws and rules.
B. The director and designated officers,  agents and employees may exercise the powers prescribed in subsection A of this section throughout this state.
C. A regular peace officer designated pursuant to subsection A,  paragraph 1 of this section:
1. Shall meet the minimum qualifications established for peace officers pursuant to section 41-1822.
2. Except as provided in title 38,  chapter 5,  article 4,  is not eligible to participate in the public safety personnel retirement system.
D. This section does not preempt the authority and jurisdiction of established agencies and political subdivisions of this state.
E. A peace officer as defined in section 41-1701 or a peace officer designated in subsection A of this section may require a vehicle that is subject to the fee in section 28-5433 or the requirements of sections 28-2321 through 28-2324 to stop at a port of entry in this state for the purpose of enforcing a motor vehicle law prescribed in this title. A person who fails to stop as required by this subsection is guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 28 - Transportation › § 28-370 - Oaths and acknowledgments; power of attorney; definition

28-370.
Oaths and acknowledgments;  power of attorney;  definition
A. The director and officers,  agents and employees of the department the director designates may administer oaths and acknowledge signatures,  without a fee,  in any matter connected with the administration of a law the enforcement of which is vested in the director.
B. Notwithstanding title 14,  chapter 5,  article 5:
1. The director or an officer,  agent or employee of the department designated by the director may witness a power of attorney to be used solely in the performance of vehicle title and registration activities.
2. For the purposes of executing a power of attorney in the performance of vehicle title and registration activities,  the power of attorney is not required to be:
(a) Notarized if it is witnessed by the director or an officer,  agent or employee of the department designated by the director.
(b) Notarized if it is involving a total loss vehicle settlement and an insurance company that is licensed pursuant to title 20 submits it electronically to the department in a manner approved by the director.
(c) Witnessed if it is notarized.
C. For the purposes of this section,  " agent"  includes a motor vehicle dealer or a third party authorized pursuant to this title.