Legislative Update

This legislative session is moving so quickly. I really do not like the inability to interact with the legislators on such a limited basis. I sure do hope this changes in the future but as for now, I am making the best of the situation. It always amazes me how much we can get done here in Arizona. The fact that our tiny little organization with a shoestring budget can outdo the leviathan who wants to take our freedoms away, with its millions in funding, and nationwide reach, is pretty impressive.

That is not to say that we shouldn’t do everything we can to do even better, but let’s give credit where it’s due. Little itty bitty us has been holding our finger in the dike for three decades. I think that’s pretty damned good work. Our success is NOT because of raw RTS numbers, or just that we have a lobbyist at the Capitol because Legislators know who we are thanks to our membership.

H2110: CIVIL PENALTIES; TRAFFIC; MITIGATION; RESTITUTION

The reality is that none of “our” bills are heard in committee unless there is almost no chance they will fail. Our secret weapon is knowing that, and our presence at the Capitol. So it’s with great humility I say thank you for all of you who make the extra effort to be a part of the team. I am eternally grateful.

Here are a few bills to continue to watch over the next month:

H2083: SAFETY FEATURES; AUTONOMOUS VEHICLES; PROHIBITIONS

A person is prohibited from knowingly and intentionally installing or using a "defeat device" (defined) to interfere with or disable a safety feature of a vehicle equipped with specified levels of driving automation that is designed to ensure that a human driver is alert and attentive while driving automation features are engaged. Some exceptions. AS PASSED HOUSE. First sponsor: Rep. Kavanagh (R - Dist 23)

SAFETY FEATURES; AUTONOMOUS VEHICLES; PROHIBITIONS

2/18, referred to Senate trans-tech.

H2110: CIVIL PENALTIES; TRAFFIC; MITIGATION; RESTITUTION

If a "monetary obligation" (defined) is imposed on a person at sentencing, the court is authorized to order the person to perform community restitution in lieu of the payment of the monetary obligation. The court is required to credit any community restitution performed at a rate equal to the state minimum wage. AS PASSED HOUSE. First sponsor: Rep. Biasiucci (R - Dist 5) Others: Rep. Blackman (R - Dist 6), Rep. Bolick (R - Dist 20), Sen. Borrelli (R - Dist 5), Rep. Carroll (R - Dist 22), Rep. Chaplik (R - Dist 23), Rep. Dunn (R - Dist 13), Rep. Finchem (R - Dist 11), Rep. A. Hernandez (D - Dist 3), Rep. Hoffman (R - Dist 12), Rep. John (R - Dist 4), Rep. Kavanagh (R - Dist 23), Rep. Lieberman (D - Dist 28), Rep. Nguyen (R - Dist 1), Rep. Parker (R - Dist 16), Rep. Payne (R - Dist 21), Rep. Pingerelli (R - Dist 21), Rep. Roberts (R - Dist 11), Rep. Shah (D - Dist 24), Rep. Toma (R - Dist 22), Rep. Udall (R - Dist 25), Rep. Weninger (R - Dist 17), Rep. Wilmeth (R - Dist 15)

2/18, referred to Senate trans-tech.

H2115: MOTORCYCLE SAFETY FUND; CONTINUATION

The Department of Transportation is required to deposit $1 of each motorcycle registration fee collected in the Motorcycle Safety Fund through June 30, 2025, instead of through June 30, 2021. First sponsor: Rep. Bolick (R - Dist 20) Others: Rep. Blackman (R - Dist 6)

ABATE of Arizona along with the other state motorcyclist rights organizations (SMROs) want to ensure the safety of our motorcyclists in Arizona. Representative Shawnna Bolick (RLD20) who is an avid supporter of motorcyclists, sponsored HB2115, Motorcycle Safety Fund continuation at our request.

1/28, House 59-0; ready for Senate.

H2365: MINIMUM VEHICLE SPEED; LEFT LANE

A person is prohibited from driving a motor vehicle in the far left lane of a highway with two or more lanes traveling in the same direction at a speed that is less than the posted speed limit. First sponsor: Rep. Payne (R - Dist 21)

3/9, from Senate trans-tech with amend #4799.H2395: PARKED VEHICLES BLOCKING SIDEWALK; PROHIBITION

The prohibition against a person stopping, standing or parking a vehicle on a sidewalk includes stopping, standing or parking a vehicle so that any part of or attachment to the vehicle blocks an area of a sidewalk and impedes continuous pedestrian use of the sidewalk in a manner that is not consistent with the Americans With Disabilities Act. First sponsor: Rep. Longdon (D - Dist 24) Others: Rep. Carroll (R - Dist 22)

H2813: AUTONOMOUS VEHICLES

Establishes a new chapter in Title 28 (Transportation) regulating autonomous vehicles. Except as otherwise provided, the operation of autonomous vehicles with or without a human driver is subject to all applicable federal and state laws. A person is allowed to operate an autonomous vehicle with the automated driving system engaged on public roads in Arizona with a licensed human driver who is able to resume part or all of the dynamic driving task or respond to a request to intervene. A fully autonomous vehicle is authorized to operate on public roads without a human driver only if a person submits both a law enforcement interaction plan to the Arizona Department of Transportation (ADOT) and the Department of Public Safety (DPS) that is consistent with and addresses all of the elements in the law enforcement protocol that was issued by DPS in 2018, and a written statement to ADOT acknowledging that a list of specified requirements for the equipment and functioning of the fully autonomous vehicle are met. When engaged, the automated driving system is considered the driver or operator of the autonomous vehicle for the purpose of assessing compliance with applicable traffic or motor vehicle laws. DPS is required to maintain a law enforcement protocol for fully autonomous vehicles, and provisions that must be included in the protocol are specified. Counties and municipalities are prohibited from imposing taxes and fees on automated driving systems or autonomous vehicles. A traffic or motor vehicle law cannot prohibit the operation of an autonomous vehicle or require a human driver to operate a fully autonomous vehicle with the automated driving system engaged, if the fully autonomous vehicle is operated in compliance with this legislation. Establishes requirements for a fully autonomous vehicle operating without a human driver that is involved in an accident resulting in damage to a vehicle, or injury or death, The parent or other adult accompanying a passenger under 16 years of age may be issued a citation for a violation of seatbelt or child restraint requirements that occurs in a fully autonomous vehicle operating with the automated driving system engaged. Fully autonomous vehicles that are incapable of operation by a human driver are exempt from various vehicle equipment requirements. More. First sponsor: Rep. Weninger (R - Dist 17) Others: Rep. Carroll (R - Dist 22), Rep. Espinoza (D - Dist 19), Rep. Meza (D - Dist 30) 3/9, from Senate trans-tech do pass.

S1335: OFF-HIGHWAY VEHICLE RECREATION FUND

Annual reports from each agency that receives monies from the Off-highway Vehicle Recreation Fund are required to be available on the Department of Transportation's website. First sponsor: Sen. Gowan (R - Dist 14)

2/17, passed Senate 30-0; ready for House.

S1533: OBSTRUCTING HIGHWAYS; RACING; ASSESSMENT; IMPOUNDMENT

Levies a penalty assessment of $1,000 on every fine, penalty and forfeiture imposed and collected by the courts for a violation of racing on highways. The assessments are deposited in the newly established Drag Racing Prevention Enforcement Fund, to be used to prevent racing on streets and highways in Arizona. Increases the criminal classification of obstructing a highway to a class 2 (midlevel) misdemeanor, from a class 3 (lowest) misdemeanor, except that a second or subsequent violation within 24 months is a class 1 (highest) misdemeanor, and obstructing a highway by intentionally activating a pedestrian signal in order to stop the passage of traffic and solicit a driver for a donation or business remains a class 3 (lowest) misdemeanor. A person who knowingly aids and abets another person in the commission of a violation of reckless driving or racing on highways is guilty of a class 2 (mid-level) misdemeanor, except that a second or subsequent violation within 24 months is a class 1 (highest) misdemeanor. Also, a peace officer is required to cause the removal and either immobilization or impoundment of a vehicle if the peace officer determines that a person is driving a vehicle in violation of reckless driving or racing on highways and the peace officer reasonably believes that allowing the person to continue driving the vehicle would expose other persons to the risk of serious bodily injury or death. AS PASSED SENATE First sponsor: Sen. Boyer (R - Dist 20) Others: Sen. Bowie (D - Dist 18), Rep. Chavez (D - Dist 29), Sen. Marsh (D - Dist 28), Rep. Payne (R - Dist 21)

3/3, referred to House trans.

There are a few veteran related bills and some Second amendment bills that some of our members would be interested in. If you are, drop me a note and I will share them with you.

I have been submitting requests for Motorcycle Safety and Awareness Month proclamations from different municipalities around the state. If you are willing to pick up a proclamation from a city or county on behalf of ABATE, let me know. April 12th is Motorcycle Day at the Dome. Be there.

Until next time… Be good to one another.

Mike Infanzon
Legislative Director