ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: TI DP 10-0-0-0

HB 2522: defensive driving schools; fees

Sponsor: Representative Peña, LD 23

House Engrossed

Overview

Requires the court of record or a vendor contracted by the court, rather than the defensive driving school, to collect the Defensive Driving School Fund fee, court diversion fee and surcharge.

History

The presiding judge of each court must:

1)   set the amount of the court diversion fee that an individual, including a commercial driver's license holder, who attends a defensive driving school may be assessed; and

2)   charge an individual a $45 surcharge if they attend a defensive driving school.

Payment of a court diversion fee and surcharge is in lieu of a civil penalty or criminal fine and any surcharge imposed for a traffic violation.

The driving school is required to collect the court diversion fee and surcharge before or at the time an individual attends the school. After receiving the diversion fee, the defensive driving school must transmit the fee to the appropriate court. After receiving the surcharge, the school must transmit the surcharge to the State Treasurer. The first $10,400,000 of annual surcharge revenue is required to go to the Department of Public Safety Forensics Fund. The remaining monies go to the state General Fund (A.R.S. § 28-3396).

In addition to the court diversion fee and the fee for the cost of attending a defensive driving school, a person attending a defensive driving school as prescribed by statute or by a court order must pay a Defensive Driving School Fund (Fund) fee of not more than $15 that is established by the Supreme Court.

The defensive driving school must collect the Fund fee and the fee, if any, charged by the school for the course. The defensive driving school must transmit the Fund fee to the Supreme Court which will deposit the fee into the Fund (A.R.S. § 28-3397).  

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteMakes it so the court of record or a vendor contracted by the court (vendor), rather than the defensive driving school, collects the court diversion fee, surcharge and Fund fee. (Sec. 1-2)

2.   Requires the court of record or vendor, instead of the defensive driving school, to transmit the surcharge to the State Treasurer. (Sec. 1)

3.   Requires the court of record or vendor, rather than the defensive driving school, to transmit the Fund fee to the Supreme Court. (Sec. 2)

4.   Requires the court of record or vendor to collect the fee, if any, charged by the defensive driving school for the course. (Sec. 2)

5.   Removes language that required the defensive driving school to transmit the diversion fee to the appropriate court. (Sec. 1)

6.   Requires a vendor contracted by the court to process defensive driving school payments to:

a)   confirm that an individual is eligible to attend defensive driving school; and

b)   comply with Supreme Court procurement rules. (Sec. 2)

7.   Contains a delayed effective date of March 31, 2025. (Sec. 3)

8.   Makes technical changes. (Sec. 1-2)

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11.  ---------- DOCUMENT FOOTER ---------

12.                    HB 2522

13.  Initials JB            Page 0 House Engrossed

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15.  ---------- DOCUMENT FOOTER ---------