2015 Legislative Wrap-Up

The Arizona legislature adjourned at 3:37 a.m. on April 3rd. The fastest legislative session since we landed a person on the moon. Governor Ducey vetoed 20 of the 344 bills that have been sent to his desk and signed 324 bills that will become law. Needless to say it was a whirlwind legislative session. With all legislative action behind us, I wanted to give you a quick recap from this year’s session.

Towing Legislation (HB2416)
As you all know, ATA was heavily engaged in protecting the trucking industry from towing legislation that was poorly drafted and potentially very costly to you and your company.

The ATA worked with the towing association to address our concerns and we came to a consensus on negotiated language that would further the interests of the towing association and protect the trucking industry from being overcharged. Unfortunately, members of their association went back on the agreement, so the ATA had to continue to work to include protections against misuse and abuse in instances of non-consensual tows. Because of your assistance in contacting your legislators, the ATA was able to include necessary consumer protections in HB2416, which passed both the House and Senate and was signed by the Governor after we lifted our objection to the legislation.

Again, thank you all for contacting your elected officials regarding this important legislation. Because of your efforts the ATA was ultimately successful.  We will continue to monitor the progress of HB2416 as it goes through the rulemaking and guidance process.

Transportation Related Bills that Passed:

• H2135: TRANSPORTATION NETWORK COMPANIES
  Establishes the transportation network companies (TNC) article governing TNCs and TNC drivers, and outlines financial responsibility requirements for TNCs and livery vehicles, taxis, and limousines.
• H2308: DEFENSIVE DRIVING SCHOOL; ELIGIBILITY
  Reduces the length of time between traffic violations for eligibility to attend defensive driving school from 24 months to 12 months. (Not applicable to commercial drivers licenses.)
• H2480: DEPT OF WEIGHTS & MEASURES; TRANSFER
  Transfers the responsibilities of the Arizona Department of Weights and Measures (DWM) to the Arizona Department of Agriculture (Department) and the Arizona Department of Transportation (ADOT).
• H2609: DRIVER LICENSES; REAL ID; RECIPROCITY
  Allows Arizona drivers to request a drivers license that confirms to the federal REAL ID requirements, which allows the applicant to board a federally regulated commercial aircraft or to access restricted areas in federal facilities, nuclear power plants or military facilities.
• H2636: UNDERGROUND STORAGE TANK PROGRAM
  Specifies the pre-approval process for reimbursement of eligible corrective actions costs for the Underground Storage Tank Program, establishes a seven-year baseline assessment period, repeals the $0.01/gallon gasoline tax on January 1, 2024, establishes a mechanism for payment of previously time-barred claims and makes various statutory and session law changes to implement this Act.
• SCR1012: PRIMARY FREIGHT NETWORK; SUPPORTING ADOT (ATA Supported)
  The members of the Legislature support the Arizona Department of Transportation’s (ADOT) comments to the U.S. Department of Transportation in response to the proposed designation of the Primary Freight Network (PFN), agree with ADOT’s alternative proposals and suggestions, support the modification of the draft PFN to conform with ADOT’s comments, and support the conducting of a corridor competitiveness study by ADOT.

Transportation related bills that were defeated or died in committee:

• H2327: VEHICLE INSURANCE CARDS; BARCODE
  Motor vehicle insurers would have been authorized to place an encrypted barcode on insurance cards. AS VETOED BY GOVERNOR. In his veto message, the Governor stated that a statutory change is not needed and he thinks it is best to let the insurance industry determine when and how to introduce this feature into Arizona.
• H2343: TEENAGE DRIVERS; COMMUNICATION DEVICES PROHIBITED (not assigned to substantive committee by Speaker of the House)
• H2370: TEXTING WHILE DRIVING; PROHIBITION (not assigned to substantive committee by Speaker of the House)
• H2583: MOTOR FUEL TAXES; FOREST PRODUCTS
  Vendors are prohibited from collecting more than the statutorily imposed use fuel tax (currently nine cents per gallon) from a person who purchases use fuel for use in a motor vehicle transporting forest products in compliance with healthy forest enterprise incentive regulations, including a motor vehicle of a subcontractor of a business that qualifies for the incentives.
• S1102: TEXT MESSAGING WHILE DRIVING; PROHIBITION
  Makes it a nonmoving civil traffic violation to use a wireless communication device to send or receive a written message while operating a motor vehicle.
• S1108: TASK FORCE; GAS TAX REPLACEMENT
  Establishes a 24-member Highway User Fee Replacement Task Force to develop a design for revenue collection for the state’s transportation system that will replace the motor fuel tax and use fuel tax. The Task Force is required to design pilot programs to be used to test alternative approaches by December 15, 2016. By October 1, 2017, the Department of Transportation is required to develop and implement pilot programs as directed by the Task Force to test alternatives to motor vehicle fuel taxes and use fuel taxes to pay for highway use.
• S1167: PHOTO RADAR; PROHIBITION
  State agencies and local authorities are prohibited from using a photo enforcement system to identify violators of traffic control devices and speed regulations.
• S1181: VEHICLE INSPECTIONS; ADOT http://azleg.state.az.us/DocumentsForBill.asp?Bill_Number=1181&Session_Id=114&image.x=0&image.y=0
  Allows the Arizona Department of Transportations (Department) Director to establish a fee for a Level Two or Level Three inspection that is conducted at a location other than the Department’s facility for an insurance company or agent.
• S1274: ADOT OMNIBUS (ATA Supported Original Version)
  An omnibus measure that makes numerous changes to transportation statutes including:  Codifies that the Arizona Department of Transportation (ADOT) may issue a vehicle a certificate of title without registration if the vehicle is a trailer or semitrailer that will be used in interstate commerce and that is registered in another state; Changes the amount of time a temporary proportional registration or a temporary registration is valid from 90 to 60 days; Adds that a disqualification for a commercial driver license (CDL) begins 10 days after ADOT receives a report of conviction or finding of responsibility for a CDL holder; Allow the Motor Vehicle Division (MVD) to accept either a paper or electronic certificate of title on new vehicles that are sold to vehicle dealers; and other ADOT related clean up language.
• S1341: COUNTY TRANSPORTATION EXCISE TAX (ATA Supported)
  Permits an intergovernmental public transportation authority (IPTA) to levy a transportation excise tax if approved by the qualified electors voting in a countywide election.

ATA continues to work hard on your behalf to ensure that the trucking industry is protected from harmful legislation. Thank you for all your help and support.

Sincerely,
Tony Bradley
President and CEO