Assigned to ED AS PASSED BY HOUSE
Now JUD-related
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
FACT SHEET FOR S.B. 1206
military veteran spouses; tuition scholarships
(NOW: commercial vehicles; penalty; civil; criminal)
As passed the Senate, extended eligibility for a tuition scholarship from the Spouses of
Military Veterans Tuition Scholarship Fund to a person who attends a degree-granting private
postsecondary educational institution in Arizona and meets prescribed requirements.
The House of Representatives adopted a strike-everything amendment that does the
following:
Purpose
Relocates and modifies civil and criminal penalties associated with violating an
out-of-service order.
Background
A motor carrier, shipper or manufacturer that operates a commercial motor vehicle or
causes a commercial motor vehicle to be operated in violation of motor carrier safety requirements,
or who knowingly violates or fails to comply with any other applicable statute or rule relating to
motor carrier safety requirements, is guilty of a: 1) class 2 misdemeanor for a first offense; 2) class
1 misdemeanor for a second offense; and 3) class 6 felony for any subsequent offenses (A.R.S.
§ 28-5240).
A class 2 misdemeanor carries a maximum imprisonment sentence of four months and a
maximum fine of $750. A class 1 misdemeanor carries a maximum imprisonment sentence of six
months and a maximum fine of $2,500. A class 6 felony carries a presumptive imprisonment
sentence of one year and a maximum fine of $150,000. For enterprises, the maximum fines are:
1) $10,000 for a class 2 misdemeanor; 2) $20,000 for a class 1 misdemeanor; and 3) $1,000,000
for a class 6 felony (A.R.S. §§ 13-702; 13-707; 13-801; 13-802; and 13-803).
A driver of a commercial motor vehicle that fails to comply with an out-of-service order is
subject to a civil penalty of at least $2,500 for an initial violation and $5,000 for a subsequent
violation. A motor carrier who violates an out-of-service order or who requires or permits a driver
to violate an out-of-service order is subject to a civil penalty of at least $2,750 but no more than
$25,000 (A.R.S. § 28-5241).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Relocates criminal penalties associated with violating a commercial vehicle out-of-service
order to a different section of statute. FACT SHEET – Amended
S.B. 1206
Page 2
2. Adds that a commercial vehicle driver, in addition to a motor carrier, shipper or manufacturer,
is subject to criminal penalties for violating an out-of-service order.
3. Specifies that violating an out-of-service order is also a civil traffic violation in addition to
other civil and criminal penalties imposed.
4. Includes shippers and manufacturers, in addition to motor carriers, as entities that are
prohibited from violating an out-of-service order and that may be required to pay a civil penalty
for violating an out-of-service order.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
• Adopted the strike everything amendment.
House Action
MAPS 3/30/23 DPA/SE 15-0-0-0
3
rd
Read 4/26/23 53-4-2-0-1
Prepared by Senate Research
May 1, 2023
ZD/sr