SB1160 - 491R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 28-2051, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2051. Application for certificate of title; vision screening test

A. A person shall apply to the department on a form prescribed or authorized by the department for a certificate of title to a motor vehicle, trailer or semitrailer. The person shall make the application within fifteen days of the purchase or transfer of the vehicle, trailer or semitrailer. All transferees shall sign the application, except that one transferee may sign the application if both of the following apply:

1. The application is for the purposes of converting an out‑of‑state certificate of title to a certificate of title issued pursuant to this article.

2. The ownership or legal status of the motor vehicle, trailer or semitrailer does not change.

B. The application shall contain:

1. The transferee's full name and either the driver license number of the transferee or a number assigned by the department.

2. The transferee's complete residence address.

3. A brief description of the vehicle to be titled.

4. The name of the manufacturer of the vehicle.

5. The serial number of the vehicle.

6. The last license plate number if applicable and if known and the state in which the license plate number was issued.

7. If the application is for a certificate of title to a new vehicle, the date of sale by the manufacturer or dealer to the person first operating the vehicle.

8. If the application is in the name of a lessor:

(a) The lessor shown on the application as the owner or transferee.

(b) At the option of the lessor, the lessee shown on the application as the registrant.

(d) The signature of the lessor.

9. If the application is for a certificate of title to a specially constructed, reconstructed or foreign vehicle, a statement of that fact. For the purposes of this paragraph, "specially constructed vehicle" means a vehicle not originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles.

10. If an applicant rents or intends to rent the vehicle without a driver, a statement of that fact.

11. If an applicant's presence in the United States is authorized under federal law, a statement by the applicant acknowledging that fact.

11. 12. Other information required by the department.

C. Unless subsection B, paragraph 8 of this section applies, on request of an applicant, the department shall allow the applicant to provide on the title of a motor vehicle, trailer or semitrailer a post office box address that is regularly used by the applicant.

D. A person shall submit the following information with an application for a certificate of title:

1. To a vehicle previously registered:

(a) The odometer mileage disclosure statement prescribed by section 28‑2058.

(b) If the applicant is applying for title pursuant to section 28‑2060, the applicant's statement of the odometer reading as of the date of application.

(c) Proof satisfactory to the department that the applicant's presence in the United States is authorized under federal law. This subdivision does not apply to any of the following:

(i) A motor vehicle dealer as defined in section 28-4301 that applies for a certificate of title in the name of the motor vehicle dealer.

(ii) A financial institution as defined in section 6-101 that applies for a certificate of title in the name of the financial institution.

(iii) An insurer authorized to transact insurance pursuant to title 20 that applies for a certificate of title in the name of the insurer.

(iv) This state or a political subdivision of this state that applies for a certificate of title in the name of this state or the political subdivision of this state.

2. To a new vehicle:

(a) A certificate or electronic title from the manufacturer showing the date of sale to the dealer or person first receiving the vehicle from the manufacturer. Before the department issues a certificate of title to a new vehicle, a certificate or electronic title from the manufacturer shall be surrendered to the department.

(b) The name of the dealer or person.

(d) A statement certifying that the vehicle was new when sold.

(e) If sold through a dealer, a statement by the dealer certifying that the vehicle was new when sold to the applicant.

(f) Proof satisfactory to the department that the applicant's presence in the United States is authorized under federal law.

E. The department may request that an applicant who appears in person for a certificate of title of a motor vehicle, trailer or semitrailer to satisfactorily complete satisfactorily the vision screening test prescribed by the department.

F. An application for a certificate of title due to an electronic lien, the addition of a lien or a duplicate title is not a new application for a certificate of title and the applicant is not required to prove that the applicant's presence in the United States is authorized under federal law.

G. An application for a certificate of title due to an additional owner is a new application and subsections B and D of this section apply.

H. If an application for a certificate of title is in the name of a business entity, the person authorized to sign for the business entity shall prove that the person's presence in the United States is authorized under federal law.

I. The director shall adopt rules necessary to carry out the purposes of this section. The rules shall include procedures for all of the following:

1. Verification that the applicant's presence in the United States is authorized under federal law. A driver license issued in this state on or after October 1, 1996 is evidence that the applicant's presence in the United States is authorized under federal law.

2. Issuance of a temporary registration pending verification of the applicant's status in the United States.

3. Persons who are licensed or authorized by the department to perform title and registration functions pursuant to chapters 10, 12 and 13 of this title to comply with this section. END_STATUTE

Sec. 2. Section 28-2059, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2059. Obtaining a certificate of title; revocation

A. If satisfactory proof of ownership is and satisfactory proof that the applicant's presence in the United States is authorized under federal law are furnished to the director, the director may issue a certificate of title for a motor vehicle, trailer or semitrailer whether or not a certificate of title has ever been issued for that motor vehicle, trailer or semitrailer.

B. If the director determines that an applicant for a certificate of title to a motor vehicle, trailer or semitrailer is not entitled to a certificate of title, the director may refuse to issue a certificate or to register the vehicle and, after notice and a hearing, the director may revoke a registration already acquired or an outstanding certificate of title. The director shall serve the notice in person or by regular first class mail. Within fifteen days after the date the notice is delivered or mailed, the applicant may request a hearing. END_STATUTE

Sec. 3. Section 28-2157, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2157. Application for registration

A. A person shall apply to the department for registration of a motor vehicle, trailer or semitrailer on forms prescribed or authorized by the department.

B. The application shall contain:

1. The name and complete residence address of the owner.

2. A description of the vehicle, including the serial number.

3. If it is a new vehicle, the date of sale by the manufacturer or dealer to the person first operating the vehicle.

4. If the owner of the vehicle rents or intends to rent the vehicle without a driver, a statement of that fact.

5. If the applicant's presence in the United States is authorized under federal law, a statement by the applicant acknowledging that fact. this paragraph does not apply to any of the following:

(a) A motor vehicle dealer as defined in section 28-4301 that applies for registration in the name of the motor vehicle dealer.

(b) A financial institution as defined in section 6-101 that applies for registration in the name of the financial institution.

(c) An insurer authorized to transact insurance pursuant to title 20 that applies for registration in the name of the insurer.

(d) This state or a political subdivision of THIS STATE that applies for registration in the name of this state or the political subdivision of this state.

5. 6. Other facts required by the department.

C. The registering officer shall indicate on the face of the registration application that the registrant may be subject to vehicle emissions testing requirements pursuant to section 49‑542.

D. On request of an applicant, the department shall allow the applicant to provide on the registration of a motor vehicle, trailer or semitrailer a post office box address that is regularly used by the applicant and that is located in the county in which the applicant resides.

E. The person shall include with the application the required fees and the certificate of title to the vehicle for which registration is sought. The registering officer may waive the requirement that the applicant present a certificate of title at the time of making an application for renewal if the registering officer has available complete and sufficient records to accurately compute the vehicle license tax.

F. Except for vehicle registrations and vehicle registration renewals issued pursuant to articles 6, 7 and 8 of this chapter and sections 28-2154, 28-2154.01, 28-2155, 28-2156 and 28-2325, and except as provided in subsection B, paragraph 5 of this section, an applicant shall include with the registration application proof satisfactory to the department that the applicant's presence in the United States is authorized under federal law. The director shall adopt rules necessary to carry out the purposes of this subsection. The rules shall include procedures for both of the following:

2. Issuance of a temporary registration pending verification of the applicant's status in the United States.

G. If an application for registration is in the name of a business entity, the person authorized to sign for the business entity shall prove that the person's presence in the United States is authorized under federal law.

F. H. The department may request that an applicant who appears in person to register a motor vehicle, trailer or semitrailer to satisfactorily complete satisfactorily the vision screening test prescribed by the department.

G. I. A person applying for initial registration of a neighborhood electric vehicle shall certify in writing that a notice of the operational restrictions applying to the vehicle as provided in section 28‑966 are contained on a permanent notice attached to or painted on the vehicle in a location that is in clear view of the driver. END_STATUTE

Sec. 4. Section 28-2163, Arizona Revised Statutes, is amended to read:

START_STATUTE28-2163. Cancellation of registration

A. The department shall cancel, suspend, revoke or deny the registration of a vehicle that it if the department determines that the vehicle is unsafe or unfit to be operated or that is not equipped as required by law and shall retrieve license plates and registration cards for these vehicles.

B. The department shall cancel the registration of a vehicle if note the cancellation, suspension, revocation or denial of a vehicle registration on its computerized records and make the record of cancellation, suspension, revocation or denial of a vehicle registration available electronically to law enforcement agencies.

C. On the investigation of a vehicle accident or an alleged violation of the vehicle laws of this state or a traffic ordinance of a local authority, a law enforcement officer shall access the department computer system to determine if there is a notice of valid cancellation, suspension, revocation or denial of the vehicle registration applicable to the vehicle.

D. In addition to any other penalties provided by law, a law enforcement officer may confiscate the license plate and registration card of a vehicle if the law enforcement officer has reasonable cause to believe either of the following:

1. The department report indicates that there is a notice of cancellation, suspension, revocation or denial of the vehicle registration.

2. The person to whom the registration card or license plates have plate has been issued makes or permits allows to be made an unlawful use of the vehicle or permits allows the use of the vehicle by a person not entitled to the use. END_STATUTE