Bill Text: AZ SCR1051 | 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 [SCR1051 Detail]
Download: Arizona-2010-SCR1051-Introduced.html
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REFERENCE TITLE: speeding citations; photo enforcement systems |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SCR 1051 |
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Introduced by Senator Gould
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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
amending section 28‑654, Arizona Revised Statutes; 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.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-654, Arizona Revised Statutes, is amended to read:
28-654. Photo enforcement zones; signage; standards; citation dismissal
A. Except as provided in subsection F of this section, every local authority or agency of this state using a photo enforcement system shall adopt standards and specifications that indicate to a person operating a motor vehicle that a photo enforcement system is present and operational.
B. The standards and specifications adopted pursuant to subsection A of this section shall include both of the following:
1. At least two signs shall be placed in a location before a photo enforcement system. One sign shall be in a location that is approximately three hundred feet before the photo enforcement system. Placement of additional signs shall be more than three hundred feet before a photo enforcement system to provide reasonable notice to a person that a photo enforcement system is present and operational.
2. Signs indicating a photo enforcement system shall be removed or covered when the photo enforcement system is no longer present or not operating.
3. For a photo enforcement system authorized by section 41‑1722:
(a) The standards and specifications prescribed in paragraphs 1 and 2, except that an additional sign shall be located one thousand three hundred twenty feet before a photo enforcement system.
(b) A standard size speed limit sign stating the posted speed limit shall be placed within six feet of each sign posted pursuant to subdivision (a).
C. Signs erected by a local authority or agency of this state as prescribed in this section shall contain a yellow warning notice and correlate with and as far as possible conform to the system set forth in the most recent edition of the manual on uniform traffic control devices for streets and highways adopted by the director pursuant to section 28-641.
D. If the standards and specifications prescribed pursuant to this section are not in effect during the operation of a photo enforcement system, the court may dismiss any citation issued to a person who is identified by the use of the photo enforcement system.
E. During the time a vehicle containing photo enforcement equipment is being used to identify violators of this article and article 6 of this chapter, the rear of the vehicle shall be clearly marked to indicate that the vehicle is functioning as a photo enforcement vehicle. This subsection does not apply to a vehicle that does not contain a photo enforcement system and that is used by a law enforcement officer.
F. Subsection B of this section does not apply to a mobile photo enforcement vehicle during the time a mobile photo enforcement vehicle is deployed on streets with a posted speed limit of forty miles per hour or less.
Sec. 2. Title 28, chapter 3, article 21, Arizona Revised Statutes, is amended by adding section 28-1203, to read:
28-1203. 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.
Sec. 3. Section 41-1722, Arizona Revised Statutes, is amended to read:
41-1722. 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.
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.
