COMMITTEE ON APPROPRIATIONS
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2106
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Title 28, chapter 3, article 6, Arizona Revised Statutes, is amended by adding section 28-711, to read:
28-711. Photo enforcement system; limitation on citation issuance; local authority; prohibited use
A. Notwithstanding any other law, this state or a local authority that has jurisdiction over a photo enforcement system on a state highway in this state, including a state photo enforcement system established pursuant to section 41‑1722, shall cause the photo enforcement system to issue a complaint or notice of violation for a violation of this article only if a vehicle is traveling at least eleven miles per hour faster than the posted speed limit.
B. A local authority that has jurisdiction over a photo enforcement system on a state highway in this state shall accept full legal responsibility for the ownership, operation and maintenance of that portion of the state highway.
C. Beginning from and after September 30, 2010, on a state highway in this state, this state or a local authority shall not use a photo enforcement system to identify violators of this article.
Sec. 2. Title 28, chapter 3, Arizona Revised Statutes, is amended by adding article 21, to read:
ARTICLE 21. PHOTO ENFORCEMENT SYSTEMS
28-1201. Streaming video; prohibition; definition
A. Any streaming video that results from a photo enforcement system may not be used for any purpose.
B. For the purposes of this section, "photo enforcement system" has the same meaning prescribed in section 28‑601 and includes a state photo enforcement system established pursuant to section 41‑1722.
Sec. 3. Section 28-1304, Arizona Revised Statutes, is amended to read:
28-1304. Driving under the influence abatement fund
A. The driving under the influence abatement fund is established consisting of monies deposited pursuant to section 4‑213, subsection J, section 5‑396, subsection I, paragraph 2, section 5‑397, subsection D, paragraph 3 and subsection F, paragraph 3, section 28‑1382, subsection D, paragraph 3 and subsection E, paragraph 3, and section 28‑1383, subsection J, paragraph 2 and section 41-1722.
B. The oversight council on driving or operating under the influence abatement established by section 28‑1303 shall administer the fund.
C. Except as provided in subsection E of this section, twenty‑five per cent of the monies deposited in the fund shall be used for grants for innovative programs pursuant to section 28‑1303, subsection H, paragraph 2 and seventy per cent of the monies deposited in the fund shall be used for grants to political subdivisions and tribal governments pursuant to section 28‑1303, subsection H, paragraph 1.
D. Not more than five per cent of the monies deposited in the fund shall be used for both of the following:
1. Administrative purposes of the oversight council on driving or operating under the influence abatement.
2. Payment of the costs of notification prescribed by section 28‑1467.
E. The monies deposited in the fund pursuant to section 41-1722 shall be used for purchasing department of public safety officer equipment.
E. F. Monies in the fund are:
1. Continuously appropriated.
2. Exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
F. G. On notice from the oversight council on driving or operating under the influence abatement, the state treasurer shall invest and divest monies in the fund as provided in section 35‑313, and monies earned from investments shall be credited to the fund.
Sec. 4. Section 28-1593, Arizona Revised Statutes, is amended effective from and after September 30, 2010, to read:
28-1593. Service of uniform traffic complaint
A. A traffic complaint may be served by delivering a copy of the uniform traffic complaint citation 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. Notwithstanding subsection B of this section, a civil traffic violation issued pursuant to section 41‑1722 may be issued pursuant to a notice of violation before a citation is filed in court.
D. If a person fails to respond to the notice of violation or contests responsibility, a uniform traffic complaint citation shall be served and filed as otherwise provided in this section.
E. The supreme court shall establish rules governing the issuance, service and processing of the notice of violation, including rules allowing a person to admit responsibility before a citation is filed in court.
Sec. 5. 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 28‑711, 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. A citation or a notice of violation shall not be issued pursuant to this subsection for a violation of title 28, chapter 3, article 6 unless the violator is driving at least eleven miles per hour over the posted speed limit and the standards and specifications prescribed pursuant to section 28‑654 are in effect during the operation of the photo enforcement system.
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. State photo enforcement citations shall not be included in judicial productivity credit calculations for fiscal year 2008‑2009 through September 30, 2010.
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, except that thirty‑five per cent of the monies in the photo enforcement fund shall be deposited in the driving under the influence abatement fund established by section 28-1304. 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 not transmit abstracts of records of these violations to the department of transportation.
Sec. 6. Delayed repeal
Section 41-1722, Arizona Revised Statutes, is repealed from and after September 30, 2010.
Sec. 7. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law."
Amend title to conform