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REFERENCE TITLE: driver license suspensions; restrictions |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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SB 1551 |
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Introduced by Senators Boyer: Bowie, Shope; Representatives Bolding, Butler, Chávez, Cook, Espinoza, Hernandez A, Hernandez M, Longdon, Meza, Rodriguez, Shah, Sierra, Teller, Terán
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AN ACT
amending sections 28-1601, 28-3308 and 28-3482, Arizona Revised Statutes; repealing title 28, chapter 5, article 5, Arizona Revised Statutes; amending sections 28-6991 and 28-6993, Arizona Revised Statutes; relating to driving privileges.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-1601, Arizona Revised Statutes, is amended to read:
28-1601. Failure to pay civil penalty; suspension or restriction of driving privilege; collection procedure
A. A person shall pay all civil penalties within thirty days from entry of judgment, except that if payment within thirty days will place an undue economic burden on a person, the court may extend the time for payment, or may provide for installment payments or may waive any civil penalty. If the court does not waive the civil penalty and the civil penalty is not paid or an installment payment is not made when due, the court may declare the entire civil penalty due and, if so, the court shall do either of the following:
1. Shall notify the department and the department shall promptly suspend the person's driving privilege or the person's application or privilege to apply for a driving privilege until the civil penalty is paid. This paragraph applies only if the person holds a commercial driver license.
2. Except as provided in subsection B of this section, May order that the person's driving privilege be restricted as described in section 28-144 until the civil penalty is paid and notify the department of the restriction.
B. The department may not suspend or restrict the driving privilege of a person who is found responsible for a civil traffic violation and who fails to pay any civil penalty imposed for that civil traffic violation. This subsection does not apply to a commercial driver license.
B. C. Notwithstanding subsection subsections A and B of this section, if a civil penalty is paid on entry of judgment, the court may reduce the civil penalty by up to five percent of the penalty imposed.
C. D. Notwithstanding subsection subsections A and B of this section, the court shall not initiate collection procedures on an unpaid civil penalty, or notify the department to suspend or restrict a person's driver license, permit or privilege to drive a motor vehicle in this state or notify the department to refuse to renew a vehicle registration for an unpaid civil traffic violation if all of the following apply:
1. The unpaid civil penalty is for a traffic violation for which the final disposition occurs more than thirty-six months before the court initiates collection proceedings.
2. The court does not have a paper or electronic record dated within thirty-six months after the traffic violation occurs indicating that the responsible person was notified that the civil penalty is unpaid and due.
3. The court has not notified the department to suspend the responsible person's driver license or permit or privilege to drive a motor vehicle in this state or to restrict the person's driving privilege as described in section 28-144.
4. The court has not notified either the responsible person or the department about the court's request to the department to refuse to renew the responsible person's vehicle registration pursuant to article 5 of this chapter.
5. 4. The court does not have a record of extending the time for payment of the civil penalty or providing for installment payments.
D. E. If the court is prohibited from initiating collection procedures on an unpaid civil penalty from notifying the department to suspend a person's driver license, permit or privilege to drive a motor vehicle in this state or from notifying the department to refuse to renew a vehicle registration, or from restricting the person's driving privilege pursuant to subsection C D of this section, the court shall notify the department and the department shall remove the violation from the person's driving record.
E. F. With the approval of the supreme court, the presiding judge of any court may periodically conduct a program aimed at reducing the amount of outstanding fines, penalties, assessments and surcharges. Notwithstanding any other law, except a fine ordered as a result of a violation of section 28-1381 or 28-1382, the program may include authorizing up to a fifty percent reduction in the total amount of a court ordered fine, penalty, assessment or surcharge that is due and that is delinquent for at least twelve months followed by an increased enforcement effort for a fine, penalty, assessment or surcharge that is not paid. The supreme court shall adopt rules of procedure for the programs.
F. G. If penalties are reduced pursuant to subsection E F of this section, associated surcharges and assessments shall be reduced in proportion to the reduction. This subsection does not apply to section 12-116.
G. H. If a person presents reasonable evidence to the court that a civil penalty and any other fees, fines, assessments or surcharges required by the court have been paid, the court shall cease its collection activities for that civil penalty and order the department to immediately rescind its actions related to the court's order or request to suspend the person's driver license, permit or privilege to drive pursuant to subsection A of this section or refuse to renew the person's vehicle registration pursuant to article 5 of this chapter.
I. If, on or before the effective date of this amendment to this section, a driving privilege is not a commercial driver license and is:
1. Suspended pursuant to this section, the department shall:
(a) Except as provided in subdivision (b) of this paragraph, rescind the suspension and restrict the person's driving privilege as described in section 28-144 until the civil penalty is paid.
(b) Rescind the suspension and reinstate the person's driving privilege if the suspension resulted from the person being found responsible for a civil traffic violation and not paying a civil penalty imposed for that civil traffic violation.
2. Restricted pursuant to this section, the department shall remove the restriction if the restriction resulted from the person being found responsible for a civil traffic violation and not paying a civil penalty imposed for that civil traffic violation.
Sec. 2. Section 28-3308, Arizona Revised Statutes, is amended to read:
28-3308. Mandatory suspension; failure to appear; exception
A. On notification by the court that a person failed to appear as directed for a scheduled court appearance after service of a criminal complaint alleging a violation of a provision of this title, the department shall suspend the person's driver license or nonresident operating privilege until the person appears. If the person appears and does not pay the person's fines, surcharges or assessments, on notification by the court the department shall suspend the person's driving privileges or restrict the person's driving privileges as described in section 28-144 until the fines, surcharges and assessments are paid. If the person has a commercial driver license, the department shall suspend the license until the fines, surcharges and assessments are paid.
B. The department may not suspend or restrict the driving privilege of a person who either fails to appear as directed for a scheduled court appearance as described in subsection A of this section or fails to pay a fine, surcharge or assessment that is imposed as a result of the person committing a traffic violation. This subsection does not apply to a commercial driver license.
C. If, on or before the effective date of this amendment to this section, a driving privilege is not a commercial driver license and is:
1. Suspended pursuant to this section, the department shall:
(a) Except as provided in subdivision (b) of this paragraph, rescind the suspension and restrict the person's driving privilege as described in section 28-144 until the fine, surcharge or assessment is paid.
(b) Rescind the suspension and reinstate the person's driving privilege if the suspension resulted from the person not paying a fine, surcharge or assessment for a traffic violation.
2. Restricted pursuant to this section, the department shall remove the restriction if the restriction resulted from the person not paying a fine, surcharge or assessment for a traffic violation.
Sec. 3. Section 28-3482, Arizona Revised Statutes, is amended to read:
28-3482. Driving on a license restricted for failure to appear or pay; restricted privilege to drive; civil penalty; dismissal
A. A person may not only drive a motor vehicle on a public highway for the purposes described in section 28-144 if the person's privilege to drive a motor vehicle is suspended restricted pursuant to section 28-1601 or 28-3308.
B. Notwithstanding section 28-3480, a person who violates this section is responsible for a civil traffic violation and is not subject to vehicle towing or impound pursuant to section 28-3511.
C. If a person is cited for a violation of this section and the person presents evidence to the court that the person's unrestricted privilege to drive has been reinstated, the court may dismiss the charge of driving under a suspended restricted license.
Sec. 4. Repeal
Title 28, chapter 5, article 5, Arizona Revised Statutes, is repealed.
Sec. 5. Section 28-6991, Arizona Revised Statutes, is amended to read:
28-6991. State highway fund; sources
The state highway fund is established that consists of:
1. Monies distributed from the Arizona highway user revenue fund pursuant to chapter 18 of this title.
2. Monies appropriated by the legislature.
3. Monies received from donations for the construction, improvement or maintenance of state highways or bridges. These monies shall be credited to a special account and shall be spent only for the purpose indicated by the donor.
4. Monies received from counties or cities under cooperative agreements, including proceeds from bond issues. The state treasurer shall deposit these monies to the credit of the fund in a special account on delivery to the treasurer of a concise written agreement between the department and the county or city stating the purposes for which the monies are surrendered by the county or city, and these monies shall be spent only as stated in the agreement.
5. Monies received from the United States under an act of Congress to provide aid for the construction of rural post roads, but monies received on projects for which the monies necessary to be provided by this state are wholly derived from sources mentioned in paragraphs 2 and 3 of this section shall be allotted by the department and deposited by the state treasurer in the special account within the fund established for each project. On completion of the project, on the satisfaction and discharge in full of all obligations of any kind created and on request of the department, the treasurer shall transfer the unexpended balance in the special account for the project into the state highway fund, and the unexpended balance and any further federal aid thereafter received on account of the project may be spent under the general provisions of this title.
6. Monies in the custody of an officer or agent of this state from any source that is to be used for the construction, improvement or maintenance of state highways or bridges.
7. Monies deposited in the state general fund and arising from the disposal of state personal property belonging to the department.
8. Receipts from the sale or disposal of any or all other property held by the department and purchased with state highway monies.
9. Monies generated pursuant to section 28-410.
10. Monies distributed pursuant to section 28-5808, subsection B, paragraph 2, subdivision (d).
11. Monies deposited pursuant to sections 28-1143, 28-2353 and 28-3003.
12. Except as provided in section 28-5101, the following monies:
(a) Monies deposited pursuant to section 28-2206 and section 28-5808, subsection B, paragraph 2, subdivision (e).
(b) $1 of each registration fee and $1 of each title fee collected pursuant to section 28-2003.
(c) $2 of each late registration penalty collected by the director pursuant to section 28-2162.
(d) The air quality compliance fee collected pursuant to section 49-542.
(e) The special plate administration fees collected pursuant to sections 28-2404, 28-2407, 28-2412 through 28-2416, 28-2416.01, 28-2417 through 28-2468 and 28-2514.
(f) Monies collected pursuant to sections 28-372, 28-2155 and 28-2156 if the director is the registering officer.
13. Monies deposited pursuant to chapter 5, article 5 of this title.
14. 13. Donations received pursuant to section 28-2269.
15. 14. Dealer and registration monies collected pursuant to section 28-4304.
16. 15. Abandoned vehicle administration monies deposited pursuant to section 28-4804.
17. 16. Monies deposited pursuant to section 28-710, subsection D, paragraph 2.
18. 17. Monies deposited pursuant to section 28-2065.
19. 18. Monies deposited pursuant to section 28-7311.
20. 19. Monies deposited pursuant to section 28-7059.
21. 20. Monies deposited pursuant to section 28-1105.
22. 21. Monies deposited pursuant to section 28-2448, subsection D.
23. 22. Monies deposited pursuant to section 28-3415.
24. 23. Monies deposited pursuant to section 28-3002, subsection A, paragraph 14.
25. 24. Monies deposited pursuant to section 28-7316.
26. 25. Monies deposited pursuant to section 28-4302.
27. 26. Monies deposited pursuant to section 28-3416.
28. 27. Monies deposited pursuant to section 28-4504.
29. 28. Monies deposited pursuant to section 28-2098.
Sec. 6. Section 28-6993, Arizona Revised Statutes, is amended to read:
28-6993. State highway fund; authorized uses
A. Except as provided in subsection B of this section and section 28-6538, the state highway fund shall be used for any of the following purposes in strict conformity with and subject to the budget as provided by this section and by sections 28-6997 through 28-7003:
1. To pay salaries, wages, necessary travel expenses and other expenses of officers and employees of the department and the incidental office expenses, including telegraph, telephone, postal and express charges and printing, stationery and advertising expenses.
2. To pay for both:
(a) Equipment, supplies, machines, tools, department offices and laboratories established by the department.
(b) The construction and repair of buildings or yards of the department.
3. To pay the cost of both:
(a) Engineering, construction, improvement and maintenance of state highways and parts of highways forming state routes.
(b) Highways under cooperative agreements with the United States that are entered into pursuant to this chapter and an act of Congress providing for the construction of rural post roads.
4. To pay land damages incurred by reason of establishing, opening, altering, relocating, widening or abandoning portions of a state route or state highway.
5. To reimburse the department revolving account.
6. To pay premiums on authorized indemnity bonds and on compensation insurance under the workers' compensation act.
7. To defray lawful expenses and costs required to administer and carry out the intent, purposes and provisions of this title, including repayment of obligations entered into pursuant to this title, payment of interest on obligations entered into pursuant to this title, repayment of loans and other financial assistance, including repayment of advances and interest on advances made to the department pursuant to section 28-7677, and payment of all other obligations and expenses of the board and department pursuant to chapter 21 of this title.
8. To pay lawful bills and charges incurred by the state engineer.
9. To acquire, construct or improve entry roads to state parks or roads within state parks.
10. To acquire, construct or improve entry roads to state prisons.
11. To pay the cost of relocating a utility facility pursuant to section 28-7156.
12. For the purposes provided in subsections C, and D and E of this section and sections 28-1143, 28-2353 and 28-3003.
13. To pay the cost of issuing an Arizona centennial special plate pursuant to section 28-2448.
B. For each fiscal year, the department of transportation shall allocate and transfer monies in the state highway fund to the department of public safety for funding a portion of highway patrol costs in eight installments in each of the first eight months of a fiscal year that do not exceed $10,000,000.
C. Subject to legislative appropriation, the department may use the monies in the state highway fund as prescribed in section 28-6991, paragraph 12 to carry out the duties imposed by this title for registration or titling of vehicles, to operate joint title, registration and driver licensing offices, to cover the administrative costs of issuing the air quality compliance sticker, modifying the year validating tab and issuing the windshield sticker and to cover expenses and costs in issuing special plates pursuant to sections 28-2404, 28-2407, 28-2412 through 28-2468 and 28-2514.
D. The department shall use monies deposited in the state highway fund pursuant to chapter 5, article 5 of this title only as prescribed by that article.
E. D. Monies deposited in the state highway fund pursuant to section 28-2269 shall be used only as prescribed by that section.
F. E. Monies deposited in the state highway fund pursuant to section 28-710, subsection D, paragraph 2 shall only be used for state highway work zone traffic control devices.
G. F. The department may exchange monies distributed to the state highway fund pursuant to section 28-6538, subsection A, paragraph 1 for local government surface transportation program federal monies suballocated to councils of government and metropolitan planning organizations if the local government scheduled to receive the federal monies concurs. An exchange of state highway fund monies pursuant to this subsection shall be in an amount that is at least equal to ninety percent of the federal obligation authority that exists in the project for which the exchange is proposed.
H. G. The department shall use monies deposited in the state highway fund pursuant to section 28-1105, subsection A, paragraph 2, subdivision (a) only for a transportation facility that is located within twenty drivable miles of the international port of entry and shall spend the monies proportionally based on the amount of total monies collected pursuant to section 28-1105, subsection A, paragraph 2, subdivision (a). For the purposes of this subsection, "transportation facility" means a highway or a state route or a county, city or town road that is used by a commercial vehicle or a commercial vehicle combination for which an axle fee is paid pursuant to section 28-5474.