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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
photo enforcement systems; prohibition
Purpose
Subject to voter approval, statutorily prohibits a local authority or state agency from using a photo enforcement system to identify violators of speed restrictions or traffic control devices, unless specified conditions are met.
Background
The state, or a local authority, may not use a photo enforcement system on a state highway to identify violators of speed restrictions or traffic signs, signals and markings. A local authority or state agency using a photo enforcement system must adopt standards and specifications that indicate to a motor vehicle operator that a photo enforcement system is present and operational (A.R.S. §§ 28-1204 and 28-1206).
If a person receives notice in the mail for a violation of state or local speed restrictions or traffic control devices that is obtained using a photo enforcement system, the person does not have to: 1) identify who is in the photo; or 2) respond to the notice of violation. The notice must state that it is not a court-issued document, but failing to respond to the notice may result in official service that may lead to an additional fee being levied. An alternative service of process may be used to serve a citation. A person's driving privilege may not be suspended or revoked as a result of a citation served by the alternative service of process (A.R.S. § 28-1602).
A photo enforcement system is a device substantially consisting of a radar unit or sensor linked to a camera or other recording device that produces one or more photographs, microphotographs, videotapes or digital or other recorded images of a vehicle's license plate for the purpose of identifying violators of speed restrictions or traffic signs, signals and markings. An official traffic control device is any sign, signal, marking or device that is consistent with traffic and vehicle regulations and is placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic (A.R.S. § 28-601).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a local authority or state agency from using a photo enforcement system to identify violators of speed restrictions, traffic signs, signals and markings or a city or town ordinance for excessive speed or failure to obey a traffic control device, unless the local authority or state agency has a signed contract to operate a photo enforcement system by December 31, 2026.
2. Requires a local authority with a signed contract as outlined to seek approval from the local authority's voters to continue operation of the photo enforcement system at the general election immediately following the effective date of the newly established photo enforcement requirements.
3. Stipulates that, if the voters fail to approve the operation of the photo enforcement system, the local authority must cease operation of the system within 90 days of the general election at which the voters failed to approve the use of photo enforcement.
4. Allows a local authority to operate a photo enforcement system for 10 years once approved by the voters.
5. Requires a local authority who initially receives voter approval to operate a photo enforcement system to seek voter approval every 10 years at the general election to continue photo enforcement operation.
6. Expands the definition of photo enforcement system to include a device that is being used to identify violators of a city or town ordinance for excessive speed or failure to obey a traffic control device.
7. Contains a statement of legislative intent.
8. Makes conforming changes.
9. Requires the Secretary of State to submit the proposition to the voters at the next general election.
10. Becomes effective if approved by the voters and on proclamation of the Governor.
Amendments Adopted by Committee of the Whole
1. Restores the ability of local authorities and state agencies to use photo enforcement systems when specified conditions are met.
2. Restores prescribed requirements relating to the use of photo enforcement.
3. Prohibits a local authority or state agency from using a photo enforcement system unless the local authority or agency has a contract by December 31, 2026, to operate the photo enforcement system.
4. Requires a local authority to seek the approval of the local authority's voters at the general election immediately following the effective date of the newly established photo enforcement requirements, and every 10 years after initial approval to continue the use of photo enforcement.
5. Stipulates that, if the voters fail to approve the use of photo enforcement, the local authority must cease operation of the photo enforcement system within 90 days of the general election at which the voters failed to approve the use of photo enforcement.
6. Makes technical and conforming changes.
Senate Action
ATT 1/20/26 DP 6-4-0
Prepared by Senate Research
February 26, 2026
LMM/KS/ci