ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	Senate: TTMC DP 6-1-0-0 | 3^rd Read 20-8-2-0

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SB 1673: failure to pay; suspension; restriction

Sponsor: Senator Gowan, LD 19

Committee on Transportation & Infrastructure

Overview

Requires a court to determine if a person's failure to pay a fine, surcharge or assessment relating to an alleged violation of transportation statutes is willful before suspending or restricting the person's driving privileges.

History

On notification by a court that a person has failed to appear as directed for a scheduled court appearance after service of a criminal complaint alleging a violation of transportation statutes, the Arizona Department of Transportation (ADOT) must suspend the person's driver's license or nonresident operating privilege until they appear. If the person appears but does not pay their fines, surcharges or assessments, on notification from the court ADOT must suspend or restrict the person's driving privileges until the fines, surcharges and assessments are paid (A.R.S. § 28-3308).

A person must pay all civil penalties within 30 days from entry of judgment. If requiring payment within 30 days places an undue economic burden on the person, the court may extend the time for payment or may provide for installment payments. If the civil penalty is not paid or an installed payment is not made when due, the court can declare the entire civil penalty, surcharge or assessment due (A.R.S. § 28-1601).

A civil penalty imposed for a traffic violation cannot exceed $250. A court is authorized by statute to levy additional surcharges (A.R.S. § 28-1598).

Provisions

1. Directs a court, if a person appears and does not pay their fine, surcharge or assessment relating to a criminal complaint of an alleged violation of transportation statutes, to determine whether the failure to pay is willful and, if so, whether to suspend or restrict the persons driving privileges until the fines, surcharges or assessments are paid. (Sec. 1)

2. Requires the court to notify ADOT to suspend or restrict the person's driving privileges if the court determines to suspend or restrict their driving privileges. (Sec. 1)

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6.                   SB 1673

7. Initials JB            Page 0 Transportation & Infrastructure

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