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79. ESTABLISH A PHOTO RADAR FEE Pursuant to A.R.S. §11-251.08, set a public hearing for November 4, 2009 to solicit comments and consider the adoption of Photo Radar Fee of $20.00 per defendant to begin December 1, 2009. The proposed photo radar fee will be assessed against each individual charged with a civil traffic violation through utilization of photo radar. A.R.S.§11-251.08 authorizes county boards of supervisors to adopt fees for any specific service the county provides to the public as long as that fee is attributable to and defrays the expense of the service for which the fee is assessed and the fee does not exceed the actual cost of that service. The Justice Courts estimate the average cost to process each photo radar case to be $21.60. (C-24-10-001-M-00)

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14. JUSTICE COURTS PHOTO ENFORCEMENT FUND (237) Pursuant to A.R.S. § 42-17106, transfer FY 2009-10 revenue and expenditure appropriation of $1,020,000 from the Non-Departmental (470) Non-Departmental Grants Fund (249) Operating (0000) Potential Fee Increases line to Justice Courts (240) Justice Courts Photo Enforcement Fund (237) Operating (0000). Approval of this item establishes the budget for the newly created Justice Courts Photo Enforcement Fund (237). (C-24-10-001-M-01)

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8. ESTABLISH A PHOTO ENFORCEMENT FEE Pursuant to A.R.S. §11-251.08, convene the scheduled public hearing, to solicit comments and consider the adoption of Photo Enforcement Fee of $20.00 per defendant to begin December 1, 2009. The proposed photo enforcement fee will be assessed against each individual charged with a civil traffic violation through utilization of photo enforcement equipment. Approve the creation of a new fund called the Justice Courts Photo Enforcement Fund (237). The photo enforcement fee shall be collected by the Justice Courts and deposited into the Justice Courts Photo Enforcement Fund. Photo enforcement fee revenue will be expended to support the direct and indirect costs associated with processing photo radar cases filed in the Maricopa County Justice Courts. Upon Board approval, this item will become effective December 1, 2009. A.R.S.§11-251.08 authorizes county boards of supervisors to adopt fees for any specific service the county provides to the public as long as that fee is attributable to and defrays the expense of the service for which the fee is assessed and the fee does not exceed the actual cost of that service. The Justice Courts estimate the average cost to process each photo radar case to be $21.60. The Photo Enforcement Cost Recovery Fee of $20.00 is assessed per defendant found responsible for a Photo Enforcement Citation in the Justice Courts beginning December 1, 2009. If an individual remits payment through the Justice Courts, whether in person or by mail, the fee is applicable. If an individual pays through the website while the issuance is in the Notice of Violation (NOV) stage, or mails a check directly to DPS, the $20 fee in not applicable. Those defendants found not responsible for the citation in the Justice Courts will also not be assessed the fee. (C-24-10-001-M-00)