Legislative Update

There was a tremendous amount of bills we tracked this session. Some had minor implications on the motorcycle community, some were just for information purposes only. Will and I refined down all the bills to these that were most impactful and lined up with the legislative priorities set by the membership last year

Grading was done simply by how a legislator voted on the final floor vote. We gave a bonus point if they were the prime sponsor of the bill and a half bonus point if they were a co-sponsor. Bonus points are used to determine the Legislative Freedom Fighter awards.

2021 Legislative Awards

Legislative Freedom Fighter – Rep. Shawnna Bolick (LD20)
House of Representatives – Rep. Leo Biasiucci (LD5)
Senate – Senator David Gowan (LD14)

Honorable Mentions

Rep. Ben Toma (LD22) and Senator Sonny Borelli (LD5).
This is the second year in a row that Representative Bolick has won our Freedom Fighter award and the second year for Senator Borelli also as an Honorable Mention.

You can read the scored bills below and see the entire scorecard inside the Masterlink on page 7

H2110 (Chapter 288) 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, rounded up to the nearest dollar. AS SIGNED BY GOVERNOR

H2115 (Chapter 235) 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. AS SIGNED BY GOVERNOR

H2329 (Chapter 27) AIR QUALITY; OMNIBUS
Modifies the Area A and Area B vehicle emissions standards testing requirements for motor vehicles. The list of exemptions from vehicle emissions inspection requirements is expanded to include cranes and oversize vehicles that require permits, and vehicles that are not in use and that are owned by Arizona residents while on active military duty outside of Arizona. These provisions do not become effective unless on or before July 1, 2023 the U.S. Environmental Protection Agency approves the proposed modifications to the vehicle emissions testing program protocols as part of the State Implementation Plan for air quality. The Department of Environmental Quality (DEQ) is required to operate and administer a voluntary vehicle repair and retrofit program in areas that are subject to the vehicle emissions inspection program, instead of a county with a population of more than 400,000 persons being required to operate the program in that county. Retrofit program requirements are modified. DEQ is authorized to conduct research to quantify the effects of vehicular emissions, instead of being required to conduct research to quantify the effect of alternative fuels on toxic components of vehicular emissions. Also repeals the Voluntary Vehicle Repair and Retrofit Program Advisory Committee. AS SIGNED BY GOVERNOR

H2810 (Chapter 327) CIVIL ASSET FORFEITURE; CONVICTION; PROCEDURES
The list of property subject to seizure and forfeiture is modified to require the proceeds to be traceable to an offense that resulted in a criminal conviction. Property is subject to forfeiture only if the owner is convicted of an offense to which forfeiture applies and the state establishes by clear and convincing evidence that the property is subject to forfeiture. The state is prohibited from proceeding with further forfeiture proceedings before a criminal conviction for an offense to which forfeiture applies unless no timely claims for the seized property were filed or the court waived the conviction requirement. After a person is convicted of an offense for which forfeiture applies, the court may order the person to forfeit property acquired through the commission of the offense, property directly traceable to property acquired through the commission of the offense, and property the person used in the commission of the offense or to facilitate the offense. Establishes circumstances under which the court is allowed to waive the conviction requirement. Does not prevent property from being forfeited by the terms of a plea agreement. A person who claims to be an innocent owner has the burden of production to show that the person either held a legal right, title or interest in the property seized at the time the illegal conduct occurred, or acquired as a bona fide purchaser a legal right, title or interest in the property after the commission of the crime. All property seized by a law enforcement agency at any time must be returned to the owner, if known, within ten business days after the property's seizure unless the owner has been arrested and charged with a criminal offense subject to forfeiture, the property is sought to be used as evidence, it is illegal for the owner to possess the property, or the property was seized for forfeiture. Within 60 days after making a seizure for forfeiture, the state is required to file a notice of pending forfeiture proceeding or return the property to the person from whom it was seized. Establishes requirements for serving the notice of pending forfeiture. Allows an owner of the property to file a claim against the property at any time within 60 days after the notice or 60 days before a criminal trial, whichever is later. Beginning August 28, 2024, the Attorney General is prohibited from using monies from the AntiRacketeering Revolving Fund to pay salaries for full-time equivalent positions. Statutes governing various forfeiture proceedings are repealed and replaced. AS SIGNED BY GOVERNOR. In his signing statement, the Governor stated that this legislation balances personal rights and property with ensuring law enforcement has the tools necessary to protect the state.

S1127 VEHICLE SPEED LIMITS
The definition of excessive speeding, a class 3 (lowest) misdemeanor would have been modified to include exceeding the posted speed limit by more than 20 miles per hour, instead of exceeding 85 miles per hour. If the maximum speed limit on a public highway in Arizona was 30 miles per hour in an area that is outside of an "urbanized area" (defined elsewhere in statute), or 40 miles per hour in an urbanized area, a person would have been prohibited from driving a motor vehicle at a speed in excess of the posted speed limit on that highway. If the speed at which the person was alleged to have driven or the speed at which the court finds the person drove was not more than 10 miles per hour in excess of the posted speed limit, the offense would have been allowed to be designated as a waste of a finite resource and as a civil traffic violation. If the speed at which the person was alleged to have driven or the speed at which the court finds the person drove was more than 10 miles per hour in excess of the posted speed limit, the offense would have been designated as a civil traffic violation. AS VETOED BY GOVERNOR. In his veto message, the Governor stated that his priority is passing a budget, and that he does not intend to sign any additional bills until that happens.

Mike Infanzon
Legislative Director