Bill Text: AZ SB1520 | 2016 | Fifty-second Legislature 2nd Regular | Engrossed

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Bill Title: Photo enforcement; voter approval; notice

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-02-29 - Senate third reading FAILED voting: (13-17-0-0) [SB1520 Detail]

Download: Arizona-2016-SB1520-Engrossed.html

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Senate Engrossed

 

 

 

State of Arizona

Senate

Fifty-second Legislature

Second Regular Session

2016

 

 

SENATE BILL 1520

 

 

 

AN ACT

 

amending title 28, chapter 3, article 21, Arizona Revised Statutes, by adding section 28-1207; amending section 28-1602, Arizona Revised Statutes; relating to photo enforcement.

 

 

(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 28-1207, to read:

START_STATUTE28-1207.  Cities and towns; voter approval

A.  If a city or town does not use a photo enforcement system, the use of a photo enforcement system must be approved by the voters at a general election.  If the use is not approved at a general election, the city or town may not use a photo enforcement system.

B.  If a city or town uses a photo enforcement system, the use of the photo enforcement system must be approved by the voters at the next general election.  If the use is not approved at the next general election, the city or town may not continue to use the photo enforcement system. END_STATUTE

Sec. 2.  Section 28-1602, Arizona Revised Statutes, is amended to read:

START_STATUTE28-1602.  Photo enforcement violation; service of process; no duty to identify photo or respond; definitions

A.  Notwithstanding any other law, if a person receives a notice of violation in the mail for a violation of chapter 3, article 3 or 6 of this title or of a city or town ordinance for excessive speed or failure to obey a traffic control device that is obtained using a photo enforcement system, the person does not have to do either of the following:

1.  Identify who is in the photo.

2.  Respond to the notice of violation.

B.  The notice of violation that is described in subsection A of this section must state the following:

1.  The notice is not a court issued document and the recipient is under no obligation to identify the person or respond to the notice. 

2.  Failure to respond to the notice may result in official service that may result in an additional fee being levied.

C.  In addition to any other means authorized by the Arizona rules of civil procedure, alternative or substitute service of process must be sent by certified mail with an additional copy by regular mail and a notice must be posted on the front door of the business or residence and, if present and accessible, a residence's garage door.  Service of the complaint is complete on filing the mailing receipt and proof of posting in the court having jurisdiction of the violation.

D.  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 section 28‑1593, subsection A, 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.

E.  Notwithstanding any other law, a traffic complaint for a violation that is detected by a photo enforcement system may be served only on the driver in the photograph that is taken by the photo enforcement system and that resulted in the complaint.

F.  If a photo enforcement company or a municipality mails a notice of violation to a person at an address, a second or subsequent notice of violation may not be mailed to that address for that person or another person if the second or subsequent notice of violation results from the same series of events that resulted in the violation that generated the first notice of violation.

E.  G.  For the purposes of this section:

1.  "Notice of violation" means a notice issued by a photo enforcement company or municipality that is not a uniform traffic ticket or complaint.

2.  "Photo enforcement system" has the same meaning prescribed in section 28‑601. END_STATUTE

Sec. 3.  Effective date

Section 28‑1207, Arizona Revised Statutes, as added by this act, is effective from and after December 31, 2016.