Bill Text: AZ SCR1029 | 2012 | Fiftieth Legislature 2nd Regular | Engrossed
Bill Title: Photo radar prohibition
Spectrum: Partisan Bill (Republican 12-0)
Status: (Introduced - Dead) 2012-03-05 - Senate third reading FAILED voting: (13-15-2-0) [SCR1029 Detail]
Download: Arizona-2012-SCR1029-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SENATE CONCURRENT RESOLUTION 1029 |
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A CONCURRENT RESOLUTION
enacting and ordering the submission to the people of a measure relating to photo enforcement systems.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to photo enforcement systems, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
an act
repealing sections 28‑1202, 28‑1203, 28‑1204 and 28‑1205, Arizona Revised Statutes; amending title 28, chapter 3, article 21, Arizona Revised Statutes, by adding a new section 28‑1202; amending section 28‑1593, Arizona Revised Statutes; repealing section 28‑1602, Arizona Revised Statutes; relating to photo enforcement.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Repeal
Sections 28-1202, 28-1203, 28-1204 and 28-1205, Arizona Revised Statutes, are repealed.
Sec. 2. Title 28, chapter 3, article 21, Arizona Revised Statutes, is amended by adding a new section 28-1202, to read:
28-1202. Photo enforcement system; prohibition
A photo enforcement system shall not be used by a local authority or any agency of this state to identify violators of article 3 or 6 of this chapter.
Sec. 3. Section 28-1593, Arizona Revised Statutes, is amended to read:
28-1593. Service of uniform traffic ticket and complaint
A. A traffic complaint may be served by delivering a copy of the uniform traffic ticket and complaint to the person charged with the violation or by any means authorized by the rules of civil procedure. At the discretion of the issuing authority, a complaint for a violation issued after an investigation in conjunction with a traffic accident may be sent by certified mail, return receipt requested and delivered to addressee only, to the address provided by the person charged with the violation. Service of the complaint is complete on filing the receipt in the court having jurisdiction of the violation.
B. The original complaint shall be filed in a court having jurisdiction of the violation within ten court days of the time the complaint was issued. A peace officer, or duly authorized agent or someone paid to act on behalf of a traffic enforcement agency, may issue the traffic complaint.
C. If a law enforcement agency issues a citation as a result of a photo enforcement system and serves the citation in a manner other than what is prescribed by subsection A of this section, the agency shall inform the person that there is no obligation to identify the driver or respond to the citation. Failure to respond to the citation will result in the probability that the person will be formally served pursuant to state law and the Arizona rules of civil procedure which will likely result in the person being required to pay the cost of the service.
Sec. 4. Repeal
Section 28-1602, Arizona Revised Statutes, is repealed.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.
