Arizona 2023 Regular Session

Arizona Senate Bill SB1198 Compare Versions

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1-Senate Engrossed restored salvage vehicle titles; inspections State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SENATE BILL 1198 An Act amending section 28-2095, Arizona Revised Statutes; relating to salvage certificates of title. (TEXT OF BILL BEGINS ON NEXT PAGE)
1+REFERENCE TITLE: restored salvage vehicle titles; inspections State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1198 Introduced by Senator Kaiser An Act amending section 28-2095, Arizona Revised Statutes; relating to salvage certificates of title. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9-Senate Engrossed restored salvage vehicle titles; inspections
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65- Be it enacted by the Legislature of the State of Arizona: Section 1. Section 28-2095, Arizona Revised Statutes, is amended to read: START_STATUTE28-2095. Restored salvage certificate of title; inspections; definitions A. If a salvage vehicle as defined in section 28-2091 is rebuilt or restored to operation, the owner of the motor vehicle shall not transfer the motor vehicle until a restored salvage certificate of title has been issued pursuant to this section. B. On application for a restored salvage certificate of title, the department shall conduct a level two or level three inspection of the vehicle that is the subject of the application to determine its proper identity pursuant to section 28-2011. The inspection may include a review of bills of sale and invoices for component parts used in the reconstruction process. If the department is unable to conduct a level three inspection for a restored salvage certificate of title within twenty days after a request is made, the department shall conduct an inspection of the vehicle within forty-eight hours after the twenty day twenty-day period. If an applicant demonstrates to the department's satisfaction that it is not practical for a level three inspection described by this subsection to be conducted by the department, the department may authorize an entity to conduct the inspection if the entity completes an application and meets the requirements prescribed by this article to the department's satisfaction. any entity authorized by the department may not have a financial interest in the sale of any vehicle certified by the entity. C. The seller or agent of a seller of a salvage vehicle as defined in section 28-2091 shall inform the purchaser of a salvage vehicle that ownership documentation for certain replacement parts used in the repair of the salvage vehicle is required in connection with the inspection prescribed by this section. D. A person who possesses a salvage vehicle as defined in section 28-2091 and who submits it for inspection as prescribed by this section shall submit to the department paperwork that is satisfactory to the director. Satisfactory paperwork may include copies of invoices, notarized bills of sale or other acceptable proof of ownership for component parts. E. If proper ownership documentation for a component part is not submitted as required by this section, the department may seize the component part. F. If the department finds a stolen component part in a vehicle while conducting an inspection provided for under this section, the department shall seize the component part pursuant to section 28-4594. G. The department shall deposit, pursuant to sections 35-146 and 35-147, any proceeds resulting from the seizure and forfeiture of a component part pursuant to subsection E or F of this section in the vehicle inspection and certificate of title enforcement fund established by section 28-2012. H. Any person who sells a vehicle for which a restored salvage certificate of title has been issued and who knows a restored salvage certificate of title has been issued for the vehicle shall clearly and conspicuously disclose in writing or by electronic means to the buyer before completion of the sale that the vehicle is a restored salvage vehicle and has a restored salvage certificate of title. I. For the purposes of this section: 1. For passenger vehicles, "component parts" includes the cowl or firewall, front end assembly, rear clip, including the roof panel, the roof panel if installed separately and the frame or any portion of the frame, or in the case of a unitized body, the supporting structure that serves as the frame, each door, the hood, each fender or quarter panel, the deck lid or hatchback, each bumper, transmissions or transaxles and an engine or motor. For the purposes of this paragraph: (a) "Front end assembly" includes the hood, fenders, bumper, radiator and supporting members for these items. For vehicles with a unitized body, the front end assembly also includes the frame support members. (b) "Rear clip" includes the roof, quarter panels, trunk lid, floor pan, rear bumper and support members for these items. 2. For trucks or truck-type or bus-type vehicles, "component parts" includes the cab, the frame or any portion of the frame, and in the case of a unitized body, the supporting structure that serves as a frame, the cargo compartment floor panel, the passenger compartment floor pan, the roof panel, transmissions or transaxles, engines or motors, each door, the hood, each fender or quarter panel, each bumper, the tailgate and all component parts that are included in paragraph 1 of this subsection and that are not listed in this paragraph if the part is replaced. 3. For motorcycles, "component parts" includes the engine or motor, transmission or transaxle, frame, front fork, crankcase and fairing and any other body molding. 4. "Restored salvage vehicle" means a vehicle that has been restored and for which a salvage certificate of title or a dismantle certificate of title has been issued. END_STATUTE
78+ Be it enacted by the Legislature of the State of Arizona: Section 1. Section 28-2095, Arizona Revised Statutes, is amended to read: START_STATUTE28-2095. Restored salvage certificate of title; inspections; definitions A. If a salvage vehicle as defined in section 28-2091 is rebuilt or restored to operation, the owner of the motor vehicle shall not transfer the motor vehicle until a restored salvage certificate of title has been issued pursuant to this section. B. On application for a restored salvage certificate of title, the department shall conduct a level two or level three inspection of the vehicle that is the subject of the application to determine its proper identity pursuant to section 28-2011. The inspection may include a review of bills of sale and invoices for component parts used in the reconstruction process. If the department is unable to conduct a level three inspection for a restored salvage certificate of title within twenty days after a request is made, the department shall conduct an inspection of the vehicle within forty-eight hours after the twenty day twenty-day period. If an applicant demonstrates to the department's satisfaction that it is not practical for a level three inspection described by this subsection to be conducted by the department, the department may authorize any of the following persons to conduct the INSPECTION: 1. An officer or employee of the department of public safety. 2. An owner, operator or employee of a motor vehicle inspection station that is licensed by the department or that is licensed or authorized by another state, the District of Columbia or Canada to perform safety or emissions inspections. 3. A new motor vehicle dealer or used motor vehicle dealer as defined in section 28-4301 that is licensed or authorized by the department or by another state, the District of Columbia or Canada. 4. A person that the department expressly authorizes in writing to perform the inspection. C. The seller or agent of a seller of a salvage vehicle as defined in section 28-2091 shall inform the purchaser of a salvage vehicle that ownership documentation for certain replacement parts used in the repair of the salvage vehicle is required in connection with the inspection prescribed by this section. D. A person who possesses a salvage vehicle as defined in section 28-2091 and who submits it for inspection as prescribed by this section shall submit to the department paperwork that is satisfactory to the director. Satisfactory paperwork may include copies of invoices, notarized bills of sale or other acceptable proof of ownership for component parts. E. If proper ownership documentation for a component part is not submitted as required by this section, the department may seize the component part. F. If the department finds a stolen component part in a vehicle while conducting an inspection provided for under this section, the department shall seize the component part pursuant to section 28-4594. G. The department shall deposit, pursuant to sections 35-146 and 35-147, any proceeds resulting from the seizure and forfeiture of a component part pursuant to subsection E or F of this section in the vehicle inspection and certificate of title enforcement fund established by section 28-2012. H. Any person who sells a vehicle for which a restored salvage certificate of title has been issued and who knows a restored salvage certificate of title has been issued for the vehicle shall clearly and conspicuously disclose in writing or by electronic means to the buyer before completion of the sale that the vehicle is a restored salvage vehicle and has a restored salvage certificate of title. I. For the purposes of this section: 1. For passenger vehicles, "component parts" includes the cowl or firewall, front end assembly, rear clip, including the roof panel, the roof panel if installed separately and the frame or any portion of the frame, or in the case of a unitized body, the supporting structure that serves as the frame, each door, the hood, each fender or quarter panel, the deck lid or hatchback, each bumper, transmissions or transaxles and an engine or motor. For the purposes of this paragraph: (a) "Front end assembly" includes the hood, fenders, bumper, radiator and supporting members for these items. For vehicles with a unitized body, the front end assembly also includes the frame support members. (b) "Rear clip" includes the roof, quarter panels, trunk lid, floor pan, rear bumper and support members for these items. 2. For trucks or truck-type or bus-type vehicles, "component parts" includes the cab, the frame or any portion of the frame, and in the case of a unitized body, the supporting structure that serves as a frame, the cargo compartment floor panel, the passenger compartment floor pan, the roof panel, transmissions or transaxles, engines or motors, each door, the hood, each fender or quarter panel, each bumper, the tailgate and all component parts that are included in paragraph 1 of this subsection and that are not listed in this paragraph if the part is replaced. 3. For motorcycles, "component parts" includes the engine or motor, transmission or transaxle, frame, front fork, crankcase and fairing and any other body molding. 4. "Restored salvage vehicle" means a vehicle that has been restored and for which a salvage certificate of title or a dismantle certificate of title has been issued. END_STATUTE
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6780 Be it enacted by the Legislature of the State of Arizona:
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6982 Section 1. Section 28-2095, Arizona Revised Statutes, is amended to read:
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7184 START_STATUTE28-2095. Restored salvage certificate of title; inspections; definitions
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7386 A. If a salvage vehicle as defined in section 28-2091 is rebuilt or restored to operation, the owner of the motor vehicle shall not transfer the motor vehicle until a restored salvage certificate of title has been issued pursuant to this section.
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75-B. On application for a restored salvage certificate of title, the department shall conduct a level two or level three inspection of the vehicle that is the subject of the application to determine its proper identity pursuant to section 28-2011. The inspection may include a review of bills of sale and invoices for component parts used in the reconstruction process. If the department is unable to conduct a level three inspection for a restored salvage certificate of title within twenty days after a request is made, the department shall conduct an inspection of the vehicle within forty-eight hours after the twenty day twenty-day period. If an applicant demonstrates to the department's satisfaction that it is not practical for a level three inspection described by this subsection to be conducted by the department, the department may authorize an entity to conduct the inspection if the entity completes an application and meets the requirements prescribed by this article to the department's satisfaction. any entity authorized by the department may not have a financial interest in the sale of any vehicle certified by the entity.
88+B. On application for a restored salvage certificate of title, the department shall conduct a level two or level three inspection of the vehicle that is the subject of the application to determine its proper identity pursuant to section 28-2011. The inspection may include a review of bills of sale and invoices for component parts used in the reconstruction process. If the department is unable to conduct a level three inspection for a restored salvage certificate of title within twenty days after a request is made, the department shall conduct an inspection of the vehicle within forty-eight hours after the twenty day twenty-day period. If an applicant demonstrates to the department's satisfaction that it is not practical for a level three inspection described by this subsection to be conducted by the department, the department may authorize any of the following persons to conduct the INSPECTION:
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79100 D. A person who possesses a salvage vehicle as defined in section 28-2091 and who submits it for inspection as prescribed by this section shall submit to the department paperwork that is satisfactory to the director. Satisfactory paperwork may include copies of invoices, notarized bills of sale or other acceptable proof of ownership for component parts.
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81102 E. If proper ownership documentation for a component part is not submitted as required by this section, the department may seize the component part.
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83104 F. If the department finds a stolen component part in a vehicle while conducting an inspection provided for under this section, the department shall seize the component part pursuant to section 28-4594.
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85106 G. The department shall deposit, pursuant to sections 35-146 and 35-147, any proceeds resulting from the seizure and forfeiture of a component part pursuant to subsection E or F of this section in the vehicle inspection and certificate of title enforcement fund established by section 28-2012.
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87108 H. Any person who sells a vehicle for which a restored salvage certificate of title has been issued and who knows a restored salvage certificate of title has been issued for the vehicle shall clearly and conspicuously disclose in writing or by electronic means to the buyer before completion of the sale that the vehicle is a restored salvage vehicle and has a restored salvage certificate of title.
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89110 I. For the purposes of this section:
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91112 1. For passenger vehicles, "component parts" includes the cowl or firewall, front end assembly, rear clip, including the roof panel, the roof panel if installed separately and the frame or any portion of the frame, or in the case of a unitized body, the supporting structure that serves as the frame, each door, the hood, each fender or quarter panel, the deck lid or hatchback, each bumper, transmissions or transaxles and an engine or motor. For the purposes of this paragraph:
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93114 (a) "Front end assembly" includes the hood, fenders, bumper, radiator and supporting members for these items. For vehicles with a unitized body, the front end assembly also includes the frame support members.
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95116 (b) "Rear clip" includes the roof, quarter panels, trunk lid, floor pan, rear bumper and support members for these items.
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97118 2. For trucks or truck-type or bus-type vehicles, "component parts" includes the cab, the frame or any portion of the frame, and in the case of a unitized body, the supporting structure that serves as a frame, the cargo compartment floor panel, the passenger compartment floor pan, the roof panel, transmissions or transaxles, engines or motors, each door, the hood, each fender or quarter panel, each bumper, the tailgate and all component parts that are included in paragraph 1 of this subsection and that are not listed in this paragraph if the part is replaced.
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99120 3. For motorcycles, "component parts" includes the engine or motor, transmission or transaxle, frame, front fork, crankcase and fairing and any other body molding.
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101122 4. "Restored salvage vehicle" means a vehicle that has been restored and for which a salvage certificate of title or a dismantle certificate of title has been issued. END_STATUTE