Assigned to TRANS                                                                                                                         FOR COMMITTEE

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

FACT SHEET FOR S.B. 1242

traffic ticket enforcement assistance program

Purpose

            Expands the number of offenses subject to the Traffic Ticket Enforcement Assistance Program (TTEAP) and decreases the monetary threshold for delinquent fines and penalties subject to TTEAP.

Background

The Arizona Department of Transportation (ADOT) establishes procedures for the collection of delinquent fines and penalties imposed for civil and criminal traffic violations, including all surcharges.  ADOT developed TTEAP for the collection of delinquent fines and penalties.  In addition, TTEAP assists in the enforcement of criminal traffic failure to appear offenses, however, TTEAP is currently prohibited from collecting delinquent parking tickets.

Under TTEAP, ADOT may refuse to renew a person’s vehicle registration if the registered owner of a vehicle is delinquent in paying a fine or penalty for a civil or criminal traffic violation and the combined amount of the delinquency exceeds $200 or the registered owner fails to appear in a criminal traffic case, or both.

Before sending a delinquent payment case to TTEAP, the courts must make at least two attempts to collect the monies owed by an individual or organization.  ADOT may charge a court or political subdivision that chooses to participate in the program a fee that is payable to ADOT to cover the costs of notifying the registered owner that the owner’s vehicle registration will not be renewed.  All fees collected by ADOT are deposited in the State Highway Fund.

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Defines monetary obligations as fines, fees, penalties, court costs, surcharges, restitution, assessments and penalty enhancements, thereby expanding the types of obligations collected by TTEAP.

2. Requires boating and parking violations to be included in ADOT’s procedures relating to delinquent monetary obligation collection assistance provided to the courts.

3. Allows ADOT to refuse to renew vehicle registration if the owner is delinquent in paying a monetary obligation, including obligations for boating or parking violations and the combined amount of the delinquency exceeds $100 instead of $200.

4. Includes access to ADOT records regarding boating violations and parking violations as part of a contract between a political subdivision or a court and ADOT to facilitate the documentation of unpaid monetary obligations.

5. Makes conforming changes to the Arizona Supreme Court’s rules regarding persons who owe money due civil and criminal traffic violations. 

6. Makes numerous technical, clarifying and conforming changes.

7. Becomes effective January 1, 2007.

Prepared by Senate Research

February 10, 2006

DG/RD/ac