ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

HB 2453: defensive driving schools; fees

Sponsor: Representative Marshall, LD 7

Committee on Transportation & Infrastructure

Overview

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

History

The presiding judges 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 promptly 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 court order must pay a Fund fee not more than $15 that is established by the Supreme Court.

The defensive driving school must collect the Fund fee and the fee 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. Directs the court of record or a vendor contracted by the court, rather than the defensive driving school, to collect the court diversion fee, surcharge and Fund fee. (Sec. 1-2)

2. Requires the court of record or a vendor contracted by the court, rather than the defensive driving school, to transmit the surcharge to the State Treasurer. (Sec. 1)

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

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

5. States that a vendor contracted by the court to process payments may not be affiliated with any defensive driving school in this state. (Sec. 2)

6. Makes technical and conforming changes. (Sec. 1-2)

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