Bill Amendment: AZ HB2143 | 2021 | Fifty-fifth Legislature 1st Regular
Bill Title: ADOT revisions
Status: 2021-05-07 - Chapter 335 [HB2143 Detail]
Download: Arizona-2021-HB2143-SENATE_-_Shope_flr_amend_ref_Bill_adopted.html
Bill
Number: H.B. 2143
Shope Floor Amendment
Reference to: House engrossed bill
Amendment drafted by: Leg Council
FLOOR AMENDMENT EXPLANATION
1. Requires, as session law rather than statutory law, the Arizona Department of Transportation (ADOT) to rescind a license suspension or restriction that occurred prior to the effective date of this legislation and reinstate a person's driving privilege if the suspension or restriction resulted from a failure to pay a civil traffic penalty.
2. Specifies that ADOT is prohibited from charging a fee for the reinstatement of a person's driving privilege.
3. Removes the requirement that a court order the suspension or restriction of the driving privileges of a commercial driver for failure to pay a civil penalty, surcharge or assessment.
4. Conditions the enactment of specified sections of this legislation on the passage of S.B. 1551.
5. Cites this legislation as the John Carlson Memorial Act.
6. Makes conforming changes.
Fifty-fifth Legislature Shope
First Regular Session H.B. 2143
SHOPE FLOOR AMENDMENT
SENATE AMENDMENTS TO H.B. 2143
(Reference to House engrossed bill)
Page 8, after line 42, insert:
"Sec. 7. Section 28-1601, Arizona Revised Statutes, as amended by Senate Bill 1551, section 2, fifty-fifth legislature, first regular session, as transmitted to the governor, is amended to read:
28-1601. Failure to pay civil penalty; suspension or restriction of driving privilege; collection procedure
A. A person shall pay all civil penalties within thirty days from entry of judgment, except that if payment within thirty days will place an undue economic burden on a person, the court may extend the time for payment or may provide for installment payments. If the civil penalty is not paid or an installment payment is not made when due, the court may declare the entire civil penalty, surcharge or assessment due.
B. If the person who owes the civil penalty, surcharge or assessment described in subsection A of this section holds a commercial driver license, the court shall either:
1. Notify the department and the department shall promptly suspend the person's driving privilege or the person's application or privilege to apply for a driving privilege until the civil penalty is paid.
2. Order that the person's driving privilege be restricted as described in section 28-144 until the civil penalty is paid and notify the department of the restriction.
C. B. Notwithstanding subsection A of this section, if a civil penalty is paid on entry of judgment, the court may reduce the civil penalty by up to five percent of the penalty imposed.
D. C. Notwithstanding subsection A of this section, the court shall not initiate collection procedures on an unpaid civil penalty, notify the department to suspend or restrict a person's driver license, permit or privilege to drive a motor vehicle in this state or notify the department to refuse to renew a vehicle registration for an unpaid civil traffic violation if all of the following apply:
1. The unpaid civil penalty is for a traffic violation for which the final disposition occurs more than thirty-six months before the court initiates collection proceedings.
2. The court does not have a paper or electronic record dated within thirty-six months after the traffic violation occurs indicating that the responsible person was notified that the civil penalty is unpaid and due.
3. The court has not notified the department to suspend the responsible person's driver license or permit or privilege to drive a motor vehicle in this state or to restrict the person's driving privilege as described in section 28-144, if applicable.
4. 3. The court has not notified either the responsible person or the department about the court's request to the department to refuse to renew the responsible person's vehicle registration pursuant to article 5 of this chapter.
5. 4. The court does not have a record of extending the time for payment of the civil penalty or providing for installment payments.
E. D. If the court is prohibited from initiating collection procedures on an unpaid civil penalty, and from notifying the department to suspend or restrict a person's driver license, permit or privilege to drive a motor vehicle in this state or from notifying the department to refuse to renew a vehicle registration, pursuant to subsection D C of this section, the court shall notify the department and the department shall remove the violation from the person's driving record.
F. E. With the approval of the supreme court, the presiding judge of any court may periodically conduct a program aimed at reducing the amount of outstanding fines, penalties, assessments and surcharges. Notwithstanding any other law, except a fine ordered as a result of a violation of section 28-1381 or 28-1382, the program may include authorizing up to a fifty percent reduction in the total amount of a court ordered fine, penalty, assessment or surcharge that is due and that is delinquent for at least twelve months followed by an increased enforcement effort for a fine, penalty, assessment or surcharge that is not paid. The supreme court shall adopt rules of procedure for the programs.
G. F. If penalties are reduced pursuant to subsection F E of this section, associated surcharges and assessments shall be reduced in proportion to the reduction. This subsection does not apply to section 12-116.
H. G. If a person presents reasonable evidence to the court that a civil penalty and any other fees, fines, assessments or surcharges required by the court have been paid, the court shall cease its collection activities for that civil penalty and order the department to immediately rescind its actions related to the court's order or request to suspend or restrict the person's driver license, permit or privilege to drive pursuant to subsection A of this section or refuse to renew the person's vehicle registration pursuant to article 5 of this chapter.
I. If, on or before the effective date of this amendment to this section, the department suspended or restricted a driving privilege, other than a commercial driver license, pursuant to this section, the department shall rescind the suspension or restriction and reinstate the person's driving privilege if the suspension or restriction resulted from the person being found responsible for a civil traffic violation and not paying a civil penalty imposed for that civil traffic violation."
Renumber to conform
Page 27, after line 40, insert:
"Sec. 20. License reinstatement
If, before the effective date of this act, a person's driving privilege is suspended or revoked pursuant to section 28-1601, Arizona Revised Statutes, on the effective date of this act the department of transportation shall automatically rescind the suspension or revocation and reinstate the person's driving privilege. The department of transportation shall not charge a fee for the reinstatement.
Sec. 21. Short title
In recognizing his life of service to the state of Arizona, this act may be cited as the "John Carlson Memorial Act".
Sec. 22. Conditional enactment
Section 28-1601, Arizona Revised Statutes, as amended by this act, does not become effective unless Senate Bill 1551, fifty-fifth legislature, first regular session, relating to driving privileges, becomes law."
Amend title to conform
