PREFILED DEC 16 2010
REFERENCE TITLE: emergency response services fees; prohibition
State of Arizona
House of Representatives
First Regular Session
amending title 28, chapter 3, article 4, Arizona Revised Statutes, by adding section 28‑677; relating to motor vehicle accidents.
(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 4, Arizona Revised Statutes, is amended by adding section 28-677, to read:
28-677. Declaration of statewide concern; prohibition of emergency response services fees; exceptions; definition
A. The legislature finds that the regulation of emergency response services fees for motor vehicle accidents or other incidents involving motor vehicles or investigations, cleanup or preparation of reports of accidents or incidents is a matter of statewide concern and not subject to further regulation by a county, city, town or other political subdivision of this state.
B. Except as provided in subsection C of this section, a public agency may not directly or indirectly charge a fee or seek reimbursement from the driver, an insurer or any other person for any costs or expenses for the provision of police, fire or other emergency responder services, personnel, supplies, motor vehicles or equipment in responding to a motor vehicle accident or other incident involving a motor vehicle or in the investigation, cleanup or preparation of a report of the accident or incident.
C. A public agency may charge a lawful and proper fee for any liability arising from the following:
1. Damages to property of the public agency.
2. Amounts due pursuant to title 12, chapter 7, article 10.
3. Charges for ambulance services provided by the public agency.
4. Charges authorized by section 28‑910 or 28‑1386.
5. Environmental cleanup costs as required by state or federal law.
6. Charges for public records under title 39, chapter 1.
7. Any other charge specifically permitted by state law.
D. For the purposes of this section, "public agency" means this state or any city, town, municipal corporation, district or other public authority that is located in whole or in part in this state and that provides police, firefighting, medical or other emergency services.