Arizona 2025 2025 Regular Session

Arizona Senate Bill SCR1002 Comm Sub / Analysis

Filed 02/03/2025

                    Assigned to PS 	FOR COMMITTEE 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Seventh Legislature, First Regular Session 
 
FACT SHEET FOR S.C.R. 1002 
 
photo enforcement systems; prohibition 
Purpose 
Subject to voter approval, statutorily prohibits a local authority or state agency from using 
a photo enforcement system to identify violators of speed restrictions or traffic control devices. 
Background 
The state, or a local authority, may not use a photo enforcement system on a state highway 
to identify violators of speed restrictions or traffic signs, signals and markings. A local authority 
or state agency using a photo enforcement system must adopt standards and specifications that 
indicate to a motor vehicle operator that a photo enforcement system is present and operational 
(A.R.S. §§ 28-1204 and 28-1206). 
If a person receives notice in the mail for a violation of state or local speed restrictions or 
traffic control devices that is obtained using a photo enforcement system, the person does not have 
to: 1) identify who is in the photo; or 2) respond to the notice of violation. The notice must state 
that it is not a court-issued document, but failing to respond to the notice may result in official 
service that may lead to an additional fee being levied. An alternative service of process may be 
used to serve a citation. A person's driving privilege may not be suspended or revoked as a result 
of a citation served by the alternative service of process (A.R.S. § 28-1602). 
A photo enforcement system is a device substantially consisting of a radar unit or sensor 
linked to a camera or other recording device that produces one or more photographs, 
microphotographs, videotapes or digital or other recorded images of a vehicle's license plate for 
the purpose of identifying violators of speed restrictions or traffic signs, signals and markings. An 
official traffic control device is any sign, signal, marking or device that is consistent with traffic 
and vehicle regulations and is placed or erected by authority of a public body or official having 
jurisdiction for the purpose of regulating, warning or guiding traffic (A.R.S. § 28-601). 
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation. 
Provisions 
1. Prohibits a local authority or state agency from using a photo enforcement system to identify 
violators of:  
a) speed restrictions or traffic signs, signals and markings; or  
b) a city or town ordinance for excessive speed or failure to obey a traffic control device. 
   FACT SHEET 
S.C.R. 1002 
Page 2 
 
 
2. Removes the prohibition on unarmed police aides, municipally-approved private contractors 
and traffic investigators serving any process resulting from a citation that is: 
a) issued for a failure to obey state or local speed restrictions or traffic control devices; and 
b) obtained using a photo enforcement system. 
3. Expands the definition of photo enforcement system to include a device that is being used to 
identify violators of a city or town ordinance for excessive speed or failure to obey a traffic 
control device. 
4. Repeals photo enforcement system statutes, including: 
a) the placement and use of photo enforcement systems; 
b) standards and requirements for photo enforcement zones; 
c) service of process requirements;  
d) a first responder exemption;  
e) red light running; and 
f) a prohibition on state use. 
5. Contains a statement of legislative intent.  
6. Makes conforming changes.  
7. Requires the Secretary of State to submit the proposition to the voters at the next general 
election. 
8. Becomes effective if approved by the voters and on proclamation of the Governor. 
Prepared by Senate Research 
February 3, 2025 
AN/slp