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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
defensive driving schools; fees.
Purpose
Effective June 1, 2025, transfers, from the defensive driving school to the court of record or a contracted vendor, the authority to collect and transfer court diversion and Defensive Driving School Fund (Fund) fees and surcharges.
Background
For individuals attending a defensive driving school, the presiding judge of each court must: 1) set the amount of the court diversion fee that may be assessed; 2) charge a $45 surcharge; and 3) immediately inform the Arizona Supreme Court, in writing, of the court diversion fee, the total cost to attend a defensive driving school and of any changes to the total cost. Payment of the court diversion fee and surcharge is in lieu of payment of a civil penalty or criminal fine and any surcharges that are imposed for a traffic violation. The defensive driving school must collect the court diversion fee and surcharge before or at the time an individual attends the school and transmit the fee to the appropriate court. The surcharge must be transmitted to the State Treasurer for deposit (A.R.S. § 28-3396).
In addition to the court diversion fee and the fee to attend a defensive driving school, an individual must pay a Fund fee of up to $15, as established by the Arizona Supreme Court. The defensive driving school must collect and transit the Fund fee to the Arizona Supreme Court. The Arizona Supreme Court must deposit the fee into the Fund (A.R.S. § 28-3397).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the court of record or a vendor contracted by the court, rather than the defensive driving school, to collect the:
a) court diversion fee and surcharge; and
b) the Fund fee.
2. Requires the court of record or a vendor contracted by the court, rather than the defensive driving school, to transmit:
a) the surcharge to the State Treasurer; and
b) the Fund fee to the Arizona Supreme Court.
3. Requires a vendor that is contracted by the court to comply with the Arizona Supreme Court rules relating to procurement.
4. Allows a vendor contracted by the court to charge an individual a fee of not more than $6.
5. Makes technical and conforming changes.
6. Becomes effective on June 1, 2025.
Amendments Adopted by Committee of the Whole
1. Adds a vendor that is contracted by the court as an alternative to the court of record.
2. Requires a contracted vendor to comply with Arizona Supreme Court rules relating to procurement.
3. Allows a contracted vendor to charge an individual a fee of not more than $6.
4. Makes conforming changes.
5. Adds a delayed effective date of June 1, 2025.
Senate Action
TTMC 2/12/24 DP 6-1-0
Prepared by Senate Research
February 23, 2024
KJA/EB/mg/slp