Assigned to TTMC AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR H.B. 2389
vehicle sales; emergency stop; prohibition
(NOW: motor vehicles; features; technology; prohibition)
Purpose
Prohibits the sale or lease of a motor vehicle that has a mechanism that may remotely shut
off the vehicle without the owner's consent and preempts the state from prohibiting or restricting
a motor vehicle's manufacture, sale or use solely because the vehicle does not contain an outlined
feature or technology that is not a mechanism.
Background
The Infrastructure Investment and Jobs Act directs the National Highway Traffic Safety
Administration to establish a federal safety standard that requires newly manufactured passenger
vehicles to have by 2024 advanced drunk and impaired driving prevention technology which is a
system feature that can: 1) monitor, without direct action from vehicle occupants, the performance
of a motor vehicle driver to accurately identify whether that driver may be impaired and prevent
or limit vehicle operation if an impairment is detected; 2) accurately detect, without direct action
from vehicle occupants, whether the blood alcohol concentration of a driver is equal to or greater
than 0.08 percent and prevent or limit vehicle operation if a blood alcohol concentration above the
legal limit is detected; or 3) be a combination of the two (P.L. 117-158, 117th Congress, 2021).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Prohibits a motor vehicle from being knowingly sold or leased in the state if the vehicle has a
mechanism that allows a person who is not the vehicle owner or in possession of the vehicle's
mechanical or electronic key to remotely shut off the vehicle without the owner's consent.
2. Preempts the state and any subdivision of the state from prohibiting or restricting the
manufacture, sale or use of a motor vehicle solely because the vehicle does not contain an
outlined feature or technology that is not a mechanism.
3. Defines a mechanism as including emergency stop, emergency off and emergency power off
mechanisms and as excluding:
a) a mobile application that allows the owner of the motor vehicle to deny access to the vehicle
to another person, including a governmental entity, at any time; and
b) an onboard computer system or feature that:
i. addresses an imminent critical safety issue that impacts a mechanical or software
component of the motor vehicle; FACT SHEET – Amended
H.B. 2389
Page 2
ii. activates if the driver is inattentive, impaired, suffers a medical emergency or
experiences a loss of consciousness;
iii. takes corrective action in a motor vehicle with an engaged partial driving automation
feature if the driver is not attentive or engaged in the driving task and does not respond
to feature warnings;
iv. automatically brings a motor vehicle with an engaged automated driving system to a
minimal risk condition; or
v. automatically shuts off the engine or motor of a motor vehicle if the vehicle has been
parked for an extended period of time while the engine or motor is on.
4. Defines owner as including a lienholder when the use of a mechanism is a term of a contract
between the lienholder and the owner of the motor vehicle.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Modifies the prohibited mechanism to allow a person who is not in possession of the motor
vehicle's mechanical or electronic, rather than physical, key to remotely shut off the vehicle.
2. Adds a state preemption on prohibiting or restricting the manufacture, sale or use of a motor
vehicle solely because the vehicle does not contain a feature or technology that is outlined as
excluded from the definition of mechanism.
3. Expands the definition of a mechanism to exclude outlined onboard computer systems and
features.
4. Makes conforming changes.
House Action Senate Action
TI 2/7/24 DPA 10-0-1-0 TTMC 3/11/24 DP 4-2-1
3
rd
Read 2/22/24 45-13-1-0-1
Prepared by Senate Research
April 17, 2024
KJA/EB/slp