Bill Text: AZ SB1388 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced


Bill Title: Speeding citations; photo enforcement systems

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-04 - Referred to Senate PSHS Committee [SB1388 Detail]

Download: Arizona-2010-SB1388-Introduced.html

 

 

 

REFERENCE TITLE: speeding citations; photo enforcement systems

 

 

 

 

State of Arizona

Senate

Forty-ninth Legislature

Second Regular Session

2010

 

 

SB 1388

 

Introduced by

Senator Gould

 

 

AN ACT

 

amending title 28, chapter 3, article 21, Arizona Revised Statutes, by adding section 28‑1203; amending section 41‑1722, Arizona Revised Statutes; relating to photo enforcement systems.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 28, chapter 3, article 21, Arizona Revised Statutes, is amended by adding section 28-1203, to read:

START_STATUTE28-1203.  Photo enforcement systems; limitation on citation issuance

Notwithstanding any other law, this state or a local authority that has jurisdiction over a photo enforcement system shall:

1.  Cause the photo enforcement system to only issue citations for a violation of article 6 of this chapter if a vehicle is traveling at least eleven miles per hour faster than eighty-five per cent of the vehicles on the highway.

2.  Determine the minimum speed limit that will result in a citation for a violation of article 6 of this chapter that is detected by the photo enforcement system pursuant to paragraph 1.  The minimum speed limit shall be determined based on vehicles traveling during nonpeak daylight hours under good weather conditions. END_STATUTE

Sec. 2.  Section 41-1722, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1722.  State photo enforcement system; penalties; fund

A.  Notwithstanding any other law and except as provided in section 28‑1203, the department shall enter into a contract or contracts with a private vendor or vendors pursuant to chapter 23 of this title to establish a state photo enforcement system consisting of cameras placed throughout this state as determined by the director to enforce the provisions of title 28, chapter 3, articles 3 and 6 relating to vehicle traffic and speed.

B.  Notwithstanding any other law, the civil penalty or fine for a citation or a notice of violation issued pursuant to this section is one hundred sixty-five dollars and is not subject to any surcharge except the surcharge imposed by section 16‑954.

C.  The photo enforcement fund is established consisting of monies received from citations or notices of violation issued pursuant to this section.  The director shall administer the fund.  Monies in the fund are subject to legislative appropriation and are appropriated to the department for administrative and personnel costs of the state photo enforcement system. Monies remaining in the fund in excess of two hundred fifty thousand dollars at the end of each calendar quarter shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

D.  Notwithstanding any other law, if a person is found responsible for a civil traffic violation or a notice of violation pursuant to a citation issued pursuant to this section, the department of transportation shall not consider the violation for the purpose of determining whether the person's driver license should be suspended or revoked.  A court shall only transmit abstracts of records of these violations to the department of transportation for commercial driver license holders. END_STATUTE

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