State Watch – March/April 2024
Since the first of the year, lawmakers throughout the country have moved quickly to advance their agendas. The following are a few highlights. For a complete rundown of state legislation, visit LandLine.Media.
Arizona
Pursuit at the Arizona statehouse would prohibit law enforcement agencies at the local, county and state levels from requiring officers to issue a certain number of citations within a specific period, commonly known as ticket quotas. HB2179 would prohibit departments from using the number of citations written by officers to determine rank.
California
A California Senate bill would mandate the installation of side underride guards, or lateral protection devices, for trucks traveling in the state. Another provision in the bill calls for the adoption of speed limiters.
The requirement for side underride guards would apply to every truck, trailer or semitrailer with a gross vehicle weight rating exceeding 10,000 pounds. The bill states that affected trucks manufactured, sold or registered in the state must be equipped with side guards on both lateral sides of the vehicle.
SB961 also would require every car, truck and bus manufactured and sold in the state to be equipped with speed governors. The devices limit vehicle speed based on the speed limit for the roadway segment.
The maximum speed threshold permitted by the speed governor would be 10 mph over the posted speed.
Kentucky
In Kentucky, a House bill would extend the requirement to move over or slow down to include any disabled vehicle displaying a warning signal.
The state’s existing move-over law requires drivers to move over when approaching an emergency vehicle or public safety vehicle with flashing lights. If changing lanes is not possible or is unsafe, drivers are required to slow down and move with caution.
HB19 would cover any vehicle displaying some type of warning signal, such as emergency flashers, flares or retroreflective signals.
Michigan
A Michigan bill is intended to protect cash acceptance as payment for tolls. The focus of the bill is the Blue Water Bridge over the St. Clair River.
HB2585 would require state-owned infrastructure to accept cash for all tolls paid by truck drivers, commuters and others.
The bill states, “Payment must not be required to be made using an alternative to cash, including, but not limited to, with a credit card or other electronic payment.”
Missouri
HB2214 would permit truck drivers to file a complaint if they believe they were overcharged for a nonconsensual tow.
The bill includes a provision to give greater protection and recourse for third parties. Specifically, a company holding or storing property would be permitted to require that owner complete documentation showing the property was released to him or her. A requirement also would be included to provide an itemized receipt for the property.
In addition, owners of goods transported in affected trucks would be permitted to file a petition in circuit court asserting that the property was unjustly taken or withheld.
The security required for the release of a commercial vehicle from possession of a towing company would be 30% of the charges for towing and storage.
Another bill, HB1510, would establish an offense for unlawfully gaining access to motor vehicles. The rule would cover successive attempts to gain unlawful entry into any part of a motor vehicle with the intent to commit any felony or theft.
Along with adding vehicles to the burglary statute, penalties would be increased for individuals who attempt to break into multiple vehicles. Additional penalties would be included for possessing a firearm during the act.
Although the focus of the bill is individuals who attempt to enter multiple vehicles in residential areas, the rule also would cover attempts to enter vehicles sitting in areas that include parking lots.
Offenses covered in the bill would be classified as felonies.
New York
A New York bill would mandate that every truck, tractor and tractor-trailer or semitrailer combination registered in New York with a gross vehicle weight rating of at least 26,000 pounds be equipped with side underride guards when traveling in New York City.
S7979 would apply whenever affected vehicles are operating on highways other than controlled-access highways.
Ohio
An Ohio Senate bill would expand the state’s move-over law to include any stationary vehicle that is in “distress.”
SB178 reads that “a vehicle is in distress when the operator indicates the condition through lit fuse, flares, red lights, red reflectors, red flags, emergency signs or flashing emergency/hazard lights.”
Failure to change lanes or proceed with caution when approaching a stationary vehicle in distress could result in a misdemeanor offense. Drivers with other traffic violations in the past year would face increased charges.
Pennsylvania
A House bill would require legislative approval for toll road conversion. HB524 states that the General Assembly must approve any existing and free roadway being converted into a toll road.
The Senate has approved a bill that would expand how counties can use transportation funds. Currently, state motor license fund dollars in Pennsylvania are appropriated for the construction and repair of county bridges.
SB799 would explicitly allow state funds to be used for county and municipal bridge projects.
Utah
One Utah bill would create a definition for road rage in statute.
A “road rage event” would be defined as a criminal offense by an operator or passenger of a vehicle in response to an incident that occurs or escalates upon a roadway, with the intent to endanger or intimidate an individual in another vehicle.
Police also would have the option to seize and take possession of a vehicle without a warrant when there is probable cause to believe the vehicle was involved in a road rage event. Additionally, a judge would have the option to suspend the offender’s driver’s license.
Washington
Two bills in the Washington statehouse address highway protests.
HB2358 would create a gross misdemeanor offense, punishable by fines and/or jail time, for individuals who, acting with three or more people, block traffic on a state highway without legal authority.
Offenders would face possible felony charges.
SB6160 would make it a felony to not disperse from a public roadway when instructed to do so.
Wisconsin
In Wisconsin, identical bills would limit the total amount of noneconomic damages, such as pain and suffering, that a person may recover from a trucking company. A $1 million cap on noneconomic damages would apply to incidents with a truck that result in injury, death or other loss.
AB647/SB613 does not include limits on direct damages, such as medical expenses. LL