AN ACT AMENDING SECTION 28-1201, ARIZONA REVISED STATUTES; AMENDING TITLE 28, CHAPTER 3, ARTICLE 21, ARIZONA REVISED STATUTES, BY ADDING SECTION 28-1207; RELATING TO PHOTO ENFORCEMENT.

Be it enacted by the Legislature of the State of Arizona: Section 1. Section 28-1201, Arizona Revised Statutes, is amended to read: 28-1201.
Definition of photo enforcement system. In this article, unless the context otherwise requires,
"photo enforcement system" has the same meaning prescribed in section 28-601 MEANS 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 ARTICLE 3 OR 6 OF THIS CHAPTER OR OF A CITY OR TOWN ORDINANCE FOR EXCESSIVE SPEED OR FAILURE TO OBEY A TRAFFIC CONTROL DEVICE.

Sec. 2. Title 28, chapter 3, article 21, Arizona
Revised Statutes, is amended by adding section 28-1207, to
read: 28-1207. Photo enforcement system; voter approval
requirement

A. A LOCAL AUTHORITY OR AN AGENCY OF THIS STATE MAY NOT USE A PHOTO ENFORCEMENT SYSTEM TO IDENTIFY VIOLATORS OF ARTICLE 3 OR 6 OF THIS CHAPTER OR OF A CITY OR TOWN ORDINANCE FOR EXCESSIVE SPEED OR FAILURE TO OBEY A TRAFFIC CONTROL DEVICE, UNLESS, ON OR BEFORE DECEMBER 31, 2026, THE LOCAL AUTHORITY OR THE AGENCY OF THIS STATE HAS A SIGNED CONTRACT TO OPERATE A PHOTO ENFORCEMENT SYSTEM.
B. NOTWITHSTANDING SECTION 16-204, A LOCAL AUTHORITY THAT HAS A SIGNED CONTRACT TO OPERATE A PHOTO ENFORCEMENT SYSTEM PURSUANT TO SUBSECTION A OF THIS SECTION SHALL SEEK APPROVAL OF THE VOTERS OF THE LOCAL AUTHORITY AT THE NEXT GENERAL ELECTION IMMEDIATELY AFTER THE EFFECTIVE DATE OF THIS SECTION TO CONTINUE OPERATION OF THE PHOTO ENFORCEMENT SYSTEM.
S.C.R. 1004
C. IF THE LOCAL AUTHORITY DOES NOT RECEIVE VOTER APPROVAL TO OPERATE A PHOTO ENFORCEMENT SYSTEM PURSUANT TO SUBSECTION B OF THIS SECTION, THE LOCAL AUTHORITY SHALL CEASE OPERATIONS OF THE PHOTO ENFORCEMENT SYSTEM WITHIN NINETY DAYS AFTER THE GENERAL ELECTION IN WHICH THE VOTERS FAILED TO APPROVE THE OPERATION OF THE PHOTO ENFORCEMENT SYSTEM.
D. IF THE LOCAL AUTHORITY RECEIVES VOTER APPROVAL TO OPERATE A PHOTO ENFORCEMENT SYSTEM PURSUANT TO SUBSECTION B OF THIS SECTION, THE LOCAL AUTHORITY MAY CONTINUE TO OPERATE THE PHOTO ENFORCEMENT SYSTEM FOR A PERIOD OF TEN YEARS AND ALL OF THE FOLLOWING APPLY:
1. NOTWITHSTANDING SECTION 16-204, THE LOCAL AUTHORITY SHALL SUBMIT TO THE LOCAL AUTHORITY'S VOTERS THE QUESTION OF THE CONTINUED OPERATION OF THE PHOTO ENFORCEMENT SYSTEM FOR AN ADDITIONAL TEN YEARS THAT SHALL BE PLACED ON THE GENERAL ELECTION BALLOT FOR THE GENERAL ELECTION THAT IS HELD TEN YEARS AFTER THE PREVIOUS VOTE THAT APPROVED THE OPERATION OF THE PHOTO ENFORCEMENT SYSTEM.
2. IF THE LOCAL AUTHORITY RECEIVES VOTER APPROVAL AT THE ELECTION PRESCRIBED BY PARAGRAPH 1 OF THIS SUBSECTION, THE LOCAL AUTHORITY MAY CONTINUE TO OPERATE THE PHOTO ENFORCEMENT SYSTEM FOR A PERIOD OF TEN YEARS AND SHALL SUBMIT TO THE LOCAL AUTHORITY'S VOTERS THE QUESTION OF THE CONTINUED OPERATION OF THE PHOTO ENFORCEMENT SYSTEM EVERY TEN YEARS THEREAFTER AS PRESCRIBED BY THIS SECTION.

Sec. 3. Legislative intent
Pursuant to section 41-1107, Arizona Revised Statutes,
the legislature intends to:
1. Keep the enforcement of the laws in this state in the hands of trained law enforcement officers who are authorized by the people of this state to enforce the laws.
2. Protect the citizens of this state from the abuses that accompany the outsourcing of law enforcement to private, for-profit entities.
3. Ensure that the purpose of law enforcement remains to serve and protect and not to generate revenue for governments.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, 40 section 1, Constitution of Arizona.