REFERENCE TITLE: electronic driver licenses; ADOT authority

State of Arizona
Senate
Fifty-second Legislature
First Regular Session
2015

SB 1237
Introduced by
Senators Dial: Worsley

AN ACT
AMENDING SECTIONS 28-363 AND 28-3169, ARIZONA REVISED STATUTES; RELATING TO
THE DEPARTMENT OF TRANSPORTATION.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-363, Arizona Revised Statutes, is amended to
read:
28-363. Duties of the director; administration
A. The director shall:
1. Supervise and administer the overall activities of the department
and its divisions and employees.
2. Appoint assistant directors for each of the divisions.
3. Provide for the assembly and distribution of information to the
public concerning department activities.
4. Delegate functions, duties or powers as the director deems
necessary to carry out the efficient operation of the department.
5. Exercise
complete
and
exclusive
operational
control
and
jurisdiction over the use of state highways and routes.
6. Coordinate the design, right-of-way purchase and construction of
controlled access highways that are either state routes or state highways and
related grade separations of controlled access highways.
7. Coordinate the design, right-of-way purchase, construction,
standard and reduced clearance grade separation, extension and widening of
arterial streets and highways under chapters 17 and 18 of this title.
8. Assist regional transportation planning agencies, councils of
government, tribal governments, counties, cities and towns in the development
of their regional and local transportation plans to ensure that the streets,
highways and other regionally significant modes of transportation within each
county form an integrated and efficient regional system.
9. On or before December 1, present an annual report to the speaker of
the house of representatives and the president of the senate documenting the
expenditures of monies under chapters 17 and 18 of this title during the
previous fiscal year relating to the design, right-of-way purchase or
construction of controlled access highways that are accepted in the state
highway system as state routes or state highways or related grade separations
of controlled access highways that are included in the regional
transportation plans of the counties.
10. Designate the necessary agencies for enforcing the provisions of
the laws the director administers or enforces.
11. Exercise other duties or powers as the director deems necessary to
carry out the efficient operation of the department.
12. Cooperate with the Arizona-Mexico commission in the governor's
office and with researchers at universities in this state to collect data and
conduct projects in the United States and Mexico on issues that are within
the scope of the department's duties and that relate to quality of life,
trade and economic development in this state in a manner that will help the
Arizona-Mexico commission to assess and enhance the economic competitiveness
of this state and of the Arizona-Mexico region.

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13. Develop a plan to increase use of bypass routes by vehicles on days
of poor visibility in the Phoenix metropolitan area.
14. DEVELOP, PILOT OR IMPLEMENT VIRTUAL OR ELECTRONIC CREDENTIALS,
RECORDS, PROCEDURES, PROCESSES AND SYSTEMS AS THE DIRECTOR DEEMS NECESSARY TO
CARRY OUT THE FUNCTIONS AND DUTIES OF THE DEPARTMENT.
B. The assistant directors appointed pursuant to subsection A of this
section are subject to title 41, chapter 4, article 4.
C. The director 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 director may:
1. Spend monies and require the use of the metric system 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. 2. Section 28-3169, Arizona Revised Statutes, is amended to read:
28-3169. Possession and display of driver license; defense
A. A licensee shall have a legible driver license in the licensee's
immediate possession at all times when operating a motor vehicle. On demand
of a justice of the peace, a police officer or a field deputy or inspector of
the department, a licensee shall display the license. IF THE DEPARTMENT
IMPLEMENTS PROCEDURES FOR VIRTUAL OR ELECTRONIC DRIVER LICENSES, THE DRIVER
LICENSE MAY BE DISPLAYED ON A WIRELESS COMMUNICATION DEVICE THAT IS IN THE
MOTOR VEHICLE. IF A PERSON DISPLAYS THE DRIVER LICENSE ON A WIRELESS
COMMUNICATION DEVICE PURSUANT TO THIS SUBSECTION, THE PERSON IS NOT
CONSENTING FOR A JUSTICE OF THE PEACE, A POLICE OFFICER OR A FIELD DEPUTY OR
INSPECTOR OF THE DEPARTMENT TO ACCESS OTHER CONTENTS OF THE WIRELESS
COMMUNICATION DEVICE.
B. A person who is served a complaint for violating this section is
not responsible if the person produces in court or the office of the police
officer or field deputy or inspector of the department a legible driver
license, A VIRTUAL OR ELECTRONIC DRIVER LICENSE or an authorized duplicate of
the license issued to the person that was valid at the time of the alleged
violation of this section. A COURT MAY REQUIRE A PERSON TO PRODUCE A LEGIBLE
DRIVER LICENSE, NOT INCLUDING A VIRTUAL OR ELECTRONIC DRIVER LICENSE, OR AN
AUTHORIZED DUPLICATE OF THE LICENSE FOR THE PURPOSES OF THIS SUBSECTION.

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