Arizona Trucking Association’s 2024 Legislative Recap
The Legislature adjourned on Saturday, June 15, 2024, at 9:55 PM. ATA tracked 96 bills on your behalf and monitored many more.
I am proud to report that we successfully passed several ATA priority bills and, equally importantly, amended or stopped several pieces of legislation that would have negatively affected your companies.
Two of ATA’s priorities, which we are proud to say we passed, include HB2461, which establishes the duty of care for leased vehicles and optional safety equipment, and the Fleet License Plate provision in HB2438. HB2461 is a small but significant victory in reigning in lawsuit abuse and establishes a framework to build on in the future.
Unfortunately, the larger lawsuit abuse package, HB 2638, aimed at introducing transparency and regulatory framework around the growing trend of third-party litigation financing, faced opposition from the Democrats and the Governor and ultimately did not pass the House of Representatives. We will meet with our coalition partners in the off-session to work on a solution for the next session.
Finally, ATA successfully held back a series of bills that would have been detrimental to trucking. These bills, which I have classified as the anti-China bills, were pushed by an out-of-state dark money “association” aiming to implement anti-China procurement policies at the state level under the guise of national security. For example, SB1500 would have prohibited the state from registering any vehicle that used “light detection and ranging equipment” (LIDAR) manufactured in China or by a Chinese-domiciled company. LIDAR is a critical component of the Advanced Driving Assistance System (ADAS) used by trucking fleets to improve safety. This legislation would have proved difficult to manage and placed a huge regulatory and financial burden on Arizona trucking fleets. This was just one example of several bills that had similar effects on trucking.
Below is a summary of the legislative session at a glance and additional commentary on key ATA bills. Should you have any questions or concerns, please feel free to reach out to me directly.
Sincerely,
Tony Bradley
President and CEO
Arizona Trucking Association
Session at a Glance
Session Days: 160
Bills Posted 1660
Bills Passed 331
Bills Vetoed 69
Bills Signed 226
Mem, Res Posted 138
Mem, Res Passed 31
Bills of interest with expanded summaries:
H.B. 2461, Duty of Care; Leased Vehicles
Summary: Stipulates that in a civil suit involving a “covered motor vehicle” (defined), there is no obligation for an owner, lessor or operator to retrofit the vehicle with parts or equipment not required by federal motor vehicle safety standards required at the time of the manufacture of the vehicle. Renders evidence related to alleged obligations in this manner are considered legally inadmissible as evidence. Excludes the owner, lessor or operator of the covered motor vehicle or the person renting or leasing the vehicle to another person if any of the above fails to comply with a law or regulation issued after the covered motor vehicle was manufactured or sold that required a mandatory recall or retrofit.
Passed House by a vote of 57/0/0
Passed Senate 27/0/0
Signed by Governor on 4/10/24
H.B. 2414, commercial vehicles; fleet plates; fees
Summary: Allows the Arizona Department of Transportation ADOT to issue a commercial vehicle fleet license plate in accordance to rules it develops Allows a commercial fleet with more than commercial vehicles to apply for a commercial vehicle fleet license plate with the fleet s logo and a fleet with more than commercial vehicles may apply for a commercial vehicle fleet license plate with the fleet s name placed on the bottom of the license plate each contingent on approval by ADOT and the payment of fees determined by ADOT Establishes the Commercial Truck Safety Education and Workforce Fund which is funded by monies deposited gifts grants and other donations plus fees for various classifications of commercial vehicles.
Passed House 55/4/0
Passed Senate Transportation 5/1 needs an amendment
The important “Fleet License Plate” portion of this HB2414 was included in HB2438 (below).
Provisions
ADOT Continuation
1. Continues ADOT for eight years until July 1, 2032, retroactive to July 1, 2024. (Sec. 14, 15, 17)
Law Enforcement Powers and Ports of Entry
2. Prescribes primary duties for a peace officer who is designated by ADOT. (Sec. 1)
3. Prohibits the peace officer from enforcing a violation by the operator of a noncommercial motor vehicle unless the peace officer determines that a failure to enforce the violation could result in a substantial risk of imminent death or serious physical injury. (Sec. 1)
4. Allows a mobile port of entry to only be operated within 25 road miles of a fixed port of entry in this state, unless state or municipal law enforcement agencies request assistance for commercial motor vehicle enforcement to streamline operations or combine enforcement resources for compliance, education or training or to ensure safe, secure and efficient commercial transportation across this state. (Sec. 1)
Commercial Vehicle Fleet License Plates and Fund (ATA’s Prority)
5. Permits ADOT to issue a commercial vehicle fleet license plate in a manner determined by ADOT to a person that pays a fee as prescribed. (Sec. 6)
6. Allows a fleet with more than 100 commercial vehicles to apply for a commercial vehicle fleet license plate with the fleet’s approved logo in a standard location on the license plate, as designed by the fleet and approved by ADOT. (Sec. 6)
7. Permits ADOT to charge the fleet with more than 100 commercial vehicles a fee in an amount to be determined by the Director for the initial design and administration of the plate in addition to the registration fee and allows ADOT to establish design guidelines to help streamline the approval process and minimize the costs. (Sec. 6)
8. Allows a fleet with more than 25 commercial vehicles to apply for a commercial vehicle fleet license plate with the fleet’s name placed on the bottom of the license plate as designed by the fleet and approved by ADOT. (Sec. 6)
9. Permits ADOT to charge the fleet with more than 25 commercial vehicles a fee in an amount to be determined by the Director for the initial design and administration of the plate in addition to the registration fee and allows ADOT to establish design guidelines to help streamline the approval process and minimize costs. (Sec. 6)
10. Establishes the Fund consisting of monies collected and administered by the Director. (Sec. 6)
11. Requires the Director to use the monies for the implementation of commercial vehicle fleet license plates. (Sec. 6)
12. Stipulates that monies deposited in the Fund are continuously appropriated and are exempt from lapsing. (Sec. 6)
Traffic Case Records
13. Changes the deadline for when a judge, referee, hearing officer, probation officer or other person responsible for the disposition of cases involving traffic offenses or civil violations committed by someone under 18 years old must report the offense or civil violation to ADOT to not more than 30 days after the date of conviction or finding of responsibility, rather than 30 days after the date the violation was committed. (Sec. 4)
14. Prohibits ADOT from taking administrative action against a person’s driving privilege or a vehicle’s registration if a judicial officer reports a conviction or finding of responsibility to ADOT more than five years after the date of conviction or finding of responsibility. (Sec. 4)
ATA Supported Bills that did not pass
H.B. 2638, Litigation Investment Safeguards and Transparency Act
Prohibits a litigation financer from directing or making decisions regarding the course of any action defined that is subject to a litigation financing agreement defined or any settlement or disposition including decisions concerning appointing or replacing counsel whether to utilize expert witnesses and litigation strategy Prohibits a litigation financer from receiving directly or indirectly a larger share of the proceeds of an action than the named parties to the action that is subject to a litigation financing agreement Requires the court to consider the existence of litigation financing and any conflicts of interest in a class action litigation when determining if a class representative or counsel would adequately and fairly represent the interest of the class…
Did not pass house.