Arizona 2023 Regular Session

Arizona House Bill HB2004 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	PREFILED DEC 27 2022 REFERENCE TITLE: vehicle accidents; financial responsibility State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023 HB 2004 Introduced by Representative Livingston An Act amending section 28-4143, Arizona Revised Statutes; relating to vehicle insurance. (TEXT OF BILL BEGINS ON NEXT PAGE)
2	2
3	3
4	4
5	5
6	6
7	7	PREFILED DEC 27 2022
8	8
9	9	REFERENCE TITLE: vehicle accidents; financial responsibility
10	10	State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
11	11	HB 2004
12	12	Introduced by Representative Livingston
13	13
14	14	REFERENCE TITLE: vehicle accidents; financial responsibility
15	15
16	16
17	17
18	18
19	19
20	20
21	21
22	22
23	23
24	24	State of Arizona
25	25
26	26	House of Representatives
27	27
28	28	Fifty-sixth Legislature
29	29
30	30	First Regular Session
31	31
32	32	2023
33	33
34	34
35	35
36	36
37	37
38	38
39	39
40	40	HB 2004
41	41
42	42
43	43
44	44	Introduced by
45	45
46	46	Representative Livingston
47	47
48	48
49	49
50	50
51	51
52	52
53	53
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64	An Act
65	65
66	66
67	67
68	68	amending section 28-4143, Arizona Revised Statutes; relating to vehicle insurance.
69	69
70	70
71	71
72	72
73	73
74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
75	75
76	76
77	77
78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 28-4143, Arizona Revised Statutes, is amended to read: START_STATUTE28-4143. Vehicle accident; financial responsibility verification; suspension A. To ensure compliance with this article, the department may verify the financial responsibility of the owner of a motor vehicle involved in an accident in this state. If an accident involves an unregistered vehicle, the department may conduct a financial responsibility verification in the same manner as required for a registered vehicle. B. If a motor vehicle is selected for financial responsibility verification under subsection A of this section, the department shall verify all insurance information on file for the requested vehicle by forwarding the information contained on the record to the insurer or the applicable party to determine if the insurance was in effect on the date of the accident. C. On receipt of a denial from an insurer or any other applicable party or if no insurance information was on file, the department shall mail a notice to the owner requiring evidence from the owner that the motor vehicle met the financial responsibility requirement of section 28-4135 or section 28-4033, subsection A, paragraph 2, subdivision (c) on the date of the accident. The notice shall require the owner to submit evidence of financial responsibility to the department within thirty days after the date the notice was mailed. D. The department shall verify all evidence of financial responsibility submitted pursuant to subsection C of this section and shall take action as follows: 1. If the evidence of financial responsibility submitted by the owner indicates the existence of a motor vehicle or automobile liability policy covering the motor vehicle, the following steps shall be taken: (a) The department shall forward the evidence document or the applicable information contained in the evidence document to the listed insurer or other appropriate party to determine whether the policy was valid on the date of the accident. (b) The insurer or other appropriate party shall notify the department in writing within thirty days after the date the inquiry was mailed if the policy was not valid on the date indicated. (c) On receipt of a letter of denial from an insurer or any other appropriate party, the department shall send to the owner a suspension notice that states: (i) The insurer's denial of coverage on the date of the accident. (ii) The owner's driver license and motor vehicle registration will be suspended fifteen days after the date the suspension notice was mailed unless the owner produces additional evidence to the department on or before the effective date of the suspension that the financial responsibility requirement of section 28-4135 or section 28-4033, subsection A, paragraph 2, subdivision (c) was met for the vehicle on the date of the accident or unless the owner requests a hearing. 2. If the evidence of financial responsibility submitted by the owner indicates either self-insurance or a certificate of deposit, the department shall: (a) Verify that the evidence is properly reflected in the department records. (b) If it is determined that the evidence of financial responsibility is false or otherwise invalid, send a suspension notice to the owner that the person's driver license and motor vehicle registration will be suspended fifteen days after the date the suspension notice is mailed unless a hearing is requested. 3. If the person appearing as the registered owner of the vehicle according to department records is able to provide proof as prescribed by the director that the vehicle was sold before the date of the accident occurred, the department shall not suspend the driver license or registration privilege of the person. E. Information that is being verified pursuant to this section is a public record.END_STATUTE
79	79
80	80	Be it enacted by the Legislature of the State of Arizona:
81	81
82	82	Section 1. Section 28-4143, Arizona Revised Statutes, is amended to read:
83	83
84	84	START_STATUTE28-4143. Vehicle accident; financial responsibility verification; suspension
85	85
86	86	A. To ensure compliance with this article, the department may verify the financial responsibility of the owner of a motor vehicle involved in an accident in this state. If an accident involves an unregistered vehicle, the department may conduct a financial responsibility verification in the same manner as required for a registered vehicle.
87	87
88	88	B. If a motor vehicle is selected for financial responsibility verification under subsection A of this section, the department shall verify all insurance information on file for the requested vehicle by forwarding the information contained on the record to the insurer or the applicable party to determine if the insurance was in effect on the date of the accident.
89	89
90	90	C. On receipt of a denial from an insurer or any other applicable party or if no insurance information was on file, the department shall mail a notice to the owner requiring evidence from the owner that the motor vehicle met the financial responsibility requirement of section 28-4135 or section 28-4033, subsection A, paragraph 2, subdivision (c) on the date of the accident. The notice shall require the owner to submit evidence of financial responsibility to the department within thirty days after the date the notice was mailed.
91	91
92	92	D. The department shall verify all evidence of financial responsibility submitted pursuant to subsection C of this section and shall take action as follows:
93	93
94	94	1. If the evidence of financial responsibility submitted by the owner indicates the existence of a motor vehicle or automobile liability policy covering the motor vehicle, the following steps shall be taken:
95	95
96	96	(a) The department shall forward the evidence document or the applicable information contained in the evidence document to the listed insurer or other appropriate party to determine whether the policy was valid on the date of the accident.
97	97
98	98	(b) The insurer or other appropriate party shall notify the department in writing within thirty days after the date the inquiry was mailed if the policy was not valid on the date indicated.
99	99
100	100	(c) On receipt of a letter of denial from an insurer or any other appropriate party, the department shall send to the owner a suspension notice that states:
101	101
102	102	(i) The insurer's denial of coverage on the date of the accident.
103	103
104	104	(ii) The owner's driver license and motor vehicle registration will be suspended fifteen days after the date the suspension notice was mailed unless the owner produces additional evidence to the department on or before the effective date of the suspension that the financial responsibility requirement of section 28-4135 or section 28-4033, subsection A, paragraph 2, subdivision (c) was met for the vehicle on the date of the accident or unless the owner requests a hearing.
105	105
106	106	2. If the evidence of financial responsibility submitted by the owner indicates either self-insurance or a certificate of deposit, the department shall:
107	107
108	108	(a) Verify that the evidence is properly reflected in the department records.
109	109
110	110	(b) If it is determined that the evidence of financial responsibility is false or otherwise invalid, send a suspension notice to the owner that the person's driver license and motor vehicle registration will be suspended fifteen days after the date the suspension notice is mailed unless a hearing is requested.
111	111
112	112	3. If the person appearing as the registered owner of the vehicle according to department records is able to provide proof as prescribed by the director that the vehicle was sold before the date of the accident occurred, the department shall not suspend the driver license or registration privilege of the person.
113	113
114	114	E. Information that is being verified pursuant to this section is a public record.END_STATUTE