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REFERENCE TITLE: commercial motor vehicle; liability insurance |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 4088 |
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Introduced by Representatives Lopez: Biasiucci, Marshall, Martinez, Nguyen, Taylor, Weninger, Willoughby, Wilmeth
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AN ACT
Amending title 28, Chapter 14, Article 2, Arizona Revised Statutes, by adding section 28-5245; relating to COMMERCIAL motor vehicles.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 28, chapter 14, article 2, Arizona Revised Statutes, is amended by adding section 28-5245, to read:
28-5245. Commercial agricultural commodity; liability policy; requirements; lien; definitions
A. A motor carrier who is transporting agricultural commodities on highways in this state for the purposes of intrastate commerce shall maintain a liability policy that is sufficient to cover emergency towing and recovery services. The liability policy shall be satisfied by either of the following:
1. Cargo insurance coverage applicable to the agricultural commodity being transported.
2. A surety bond or other financial security approved by the department.
B. If a towing or recovery operator provides emergency towing and recovery services for a roadway incident that involves a commercial motor VEHICLE that is towing agricultural commodities and the towing or recovery operator is not paid for the emergency towing and recovery services, any unpaid amount owed is a lien beginning on the date the amount became due on the commercial motor vehicle and agricultural commodity that belongs to the motor carrier of the commercial motor vehicle. The towing or recovery operator may perfect the lien against the commercial motor vehicle owner by recording a notice of the lien in the office of the secretary of state. If the lien imposed by this subsection is satisfied, the towing or recovery operator shall issue a release of the lien to the owner of the commercial motor vehicle and shall record the release in the office of the secretary of state.
C. This section does not apply to:
1. farm-to-field operations.
2. Private hauling or self-hauling by a farmer or rancher.
3. A noncommercial vehicle or passenger vehicle.
D. For the purposes of this section:
1. "Agricultural commodity" means a farm product, including produce, hay, feed, livestock feed products, raw poultry, citrus and other food or agricultural goods transported for commercial purposes.
2. "Emergency towing and recovery services" means towing, recovery, cleanup, removal, transport, storage, disposal and roadway cleanup services that are performed at the request or direction of a law enforcement agency or public authority.