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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
defensive
driving schools; fees
(NOW: defensive driving school)
Purpose
Effective January 1, 2026, requires the Arizona Supreme Court to adopt rules to allow persons attending defensive driving school to pay the fees associated with completing a defensive driving school diversion program (program) over an extended time period.
Background
The Arizona
Supreme Court may contract with a public or private agency that does not
provide defensive driving schools in the state to provide assistance in
carrying out the duties relating to overseeing defensive driving schools. The
Arizona Supreme Court must: 1) supervise the use of defensive driving schools;
2) make public the amount of the diversion fee assessed by each court in the
state and the total cost to attend a defensive driving school in each court;
3) establish a statewide database for keeping record of persons attending
defensive driving school; 4) adopt rules that establish criteria for the
certification of qualified defensive driving schools and instructors used by
the courts; 5) establish procedures for courts and schools to remit required
reports; 6) certify and monitor defensive driving schools and instructors that
serve as a court authorized diversion program; 7) require that a defensive
driving school class not exceed a total of 4.5 hours; and 8) require each
defensive driving school to submit to the Arizona Supreme Court the school's
future schedule of courses (A.R.S.
§ 28-3395).
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).
There is no anticipated fiscal impact associated with the strike-everything amendment.
Provisions
1. Requires the Arizona Supreme Court to adopt rules to allow a person who attends defensive driving school to pay any fees required to complete the program, except a defensive driving school fee, over an extended time period not to exceed 120 days after the date the court authorizes the person to attend defensive driving school.
2. Becomes effective on January 1, 2026.
Amendments Adopted by Committee
· Adopted the strike-everything amendment.
Senate Action
JUDE 2/19/25 W/D
APPROP 2/25/25 DPA/SE 10-0-0
Prepared by Senate Research
March 19, 2025
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