ARIZONA STATE SENATE
Forty-seventh Legislature, Second Regular Session
FINAL AMENDED
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 removes the minimum cap on the amount of fines owed for which the Arizona Department of Transportation (ADOT) must refuse to renew an owner’s vehicle registration.
Background
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.
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 to include fines, fees, penalties, court costs, surcharges, restitution, assessments and penalty enhancements, thereby expanding the types of obligations collected by TTEAP.
2. Modifies ADOT procedures relating to delinquent fine and penalty collection assistance to procedures relating to delinquent monetary obligation collection assistance.
3. Adds boating violations and parking violations that occur on or after January 1, 2007 to those violations that require ADOT assistance in delinquent collections.
4. Removes delinquent parking tickets from those violations exempt from ADOT assistance in delinquent fine and penalty collections.
5. Allows ADOT to refuse renewal registration for a vehicle if the owner of the vehicle is delinquent in paying a monetary obligation for a boating violation or parking violation and the combined amount of the delinquency exceeds $100.
6. Allows a court or political subdivision to contract with ADOT to provide electronic data access of department records to facilitate documentation of unpaid monetary obligations including boating violations and parking violations.
7. Allows the court to waive its right to request ADOT to refuse or renew vehicle registration of a registered owner in whose non-renewal of the vehicle registration would pose an economic hardship on the registered owner and the owner’s immediate family or the failure to pay was not intentional or both.
8. Requires the Arizona Supreme Court to adopt rules establishing time periods during which persons who are subject to TTEAP must pay all monetary obligations before a court or political subdivision may request ADOT to refuse to renew the registration of the person’s vehicle.
9. Requires the Arizona Supreme Court to consider the economic circumstances of registered owners in adopting rules or procedures prescribing the time periods during which all applicable persons must pay monetary obligations.
10. Makes technical and conforming changes.
11. Becomes effective January 1, 2007.
Amendments Adopted by Transportation Committee
1. Clarifies the definition of restitution and excludes amounts regarding incarceration costs.
2. Removes parking violations from those offenses subject to TTEAP.
Amendments Adopted by the House of Representatives
1. Removes the cap on the amount of delinquent monetary obligations required for ADOT to refuse vehicle registration.
2. Requires ADOT to notify all registered owners of a record, by first class mail at the most recent address, of the refusal to renew registration due to a failure to appear or pay a fine by a registered owner.
3. Allows a registered owner, other than the person subject to the monetary obligation, to file a written request with any municipal or justice court to void the renewal refusal on at least one vehicle and requires the court, upon granting the request, to provide documentation naming the vehicle and person allowed to register the vehicle.
Amendments Adopted in Conference Committee
· Makes a technical change.
Senate Action House Action
TRANS 2/14/06 DPA 5-0-0-0 TRANS 3/30/06 DPA 6-0-0-3-0
3rd Read 3/6/06 29-0-1-0 3rd Read 4/18/06 57-0-3-0
Final Read 5/10/06 26-0-4-0 Final Read 5/17/06 52-0-8-0
Signed by the Governor 5/24/06
Chapter 296
Prepared by Senate Research
May 26, 2006
DG/RD/ac