ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
defensive driving schools; fees
Purpose
Effective March 31, 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 and prescribes requirements for contracted vendors.
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 fee, the total cost to attend a 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 transmit the Fund fee to the Arizona Supreme Court for deposit 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 that is contracted by the court to process payments (contracted vendor), rather than the defensive driving school, to collect the:
a) court diversion fee and surcharge; and
b) Fund fee.
2. Requires the court of record or contracted vendor, rather than the defensive driving school, to transmit the:
a) surcharge to the State Treasurer; and
b) Fund fee to the Arizona Supreme Court.
3. Requires a contracted vendor to:
a) confirm that an individual is eligible to attend defensive driving school; and
b) comply with Arizona Supreme Court rules relating to procurement.
4. Makes technical and conforming changes.
5. Becomes effective on March 31, 2025.
House Action
TI 1/31/24 DP 10-0-0-0
3rd Read 2/29/24 43-16-0-0-1
Prepared by Senate Research
March 13, 2024
KJA/EB/slp