Legislative Update — January 30, 2020

Jim Durham January 30, 2020

There are eleven days left for each house to complete work on its own legislation (except budget bills).

Highlights: two VBF-supported bills – both introduced by Senator Surovell – have passed the Senate: Vulnerable Road User (SB437), passed last week (25 to 15), and Distracted Driving (SB160) passed this week (33 to 7). On the other hand, Senator Surovell’s Contributory Negligence (SB 659) was defeated (“Passed By Indefinitely”) in the Senate Judiciary Committee (14 to 1).

Distracted Driving (hands-free phones): progress in both houses.

Senator Surovell’s SB160: passed the Senate on 1/29 (33 to 7)
Delegate Willett’s HB377 was incorporated into Delegate Bourne’s HB874. HB874 reported from House Transportation with a substitute on 1/30 (19 to 3) and will next be heard in the full House.

Automated Speed Enforcement: would enable jurisdictions to establish an automated photo speed enforcement program, for vehicles that exceed the speed limit by at least 10 mph.

Delegate Willett’s HB621 was incorporated into Jones’ HB1442. Delegate Jones introduced a substitute HB1442 which would allow automated enforcement in school zones and work zones only. HB1442 was then reported from House Transportation on 1/30 (13 to 8). Update: Passed by the House, 53-44. Reported from Senate Transportation Committee, 8-7. Awaiting vote by the full Senate.
Senator Marsden’s SB759, as submitted, would allow handheld photo enforcement, but we expect will be amended to include automated enforcement in school and work zones. The bill has been referred to Senate Transportation, which will hear Senator Marsden’s bill on Thursday afternoon, February 6. Update: defeated 2/6 by Senate Transportation Committee, 6Y-9N.

Vulnerable Road Users: provides that a careless or distracted driver who causes serious physical injury to a vulnerable road user is guilty of a Class 1 misdemeanor. The bill also prohibits the driver of a motor vehicle from crossing into a bicycle lane to pass or attempt to pass another vehicle, except in certain circumstances.

Senator Surovell’s Vulnerable Road User (SB437), passed the Senate (25 to 15) on 1/22.

Contributory Negligence: provides that the negligence of a pedestrian or bicyclist who is involved in a collision with a motor vehicle shall not bar plaintiff’s recovery in any civil action unless the plaintiff’s negligence is (i) a proximate cause of the plaintiff’s injury and (ii) greater than the aggregated total amount of negligence of all the defendants that proximately caused the plaintiff’s injury.

Senator Surovell’s SB 659 was defeated (“Passed By Indefinitely”) in Senate Judiciary Committee (14 to 1)

Passing Vehicles Stopped at Crosswalks: prohibits the driver of a vehicle from overtaking and passing a vehicle stopped at a marked crosswalk to permit a pedestrian to cross the highway.

Delegate Plum’s HB1644 has been referred to House Transportation, Motor Vehicles Subcommittee, which will meet next at 4 pm Monday, 2/3. Update: Reported (Passed) unanimously by House Transportation Committee 2/6.

Stop for Pedestrians: clarifies the duties of vehicle drivers to stop when yielding to pedestrians at (i) clearly marked crosswalks, and any regular pedestrian crossing.

Delegate Kory’s HB1705 has been referred to House Transportation, Motor Vehicles Subcommittee, which will meet next at 4 pm Monday, 2/3. Update: Reported (Passed) by House Transportation Committee 2/6.

Increased Penalties: increases from a traffic infraction to a Class 2 misdemeanor the penalty for failure to obey traffic lights or stop for pedestrians when such failure results in the death or serious bodily injury of a pedestrian or wheel chair user.

Delegate Levine’s HB247 is awaiting referral to House Courts of Justice Committee. Update: failed for lack of a second (silently killed).

Using Bike Lanes to Pass: a prohibition of using a bike lane to pass is included in Senator Surovell’s Vulnerable Road User (SB437), which passed the Senate (25 to 15) on 1/22.

Related Articles: