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ARIZONA STATE SENATE

Fifty-Sixth Legislature, Second Regular Session

 

FACT SHEET FOR H.B. 2522

 

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