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1 | + | REFERENCE TITLE: total loss vehicle; electronic signatures State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2303 Introduced by Representative Biasiucci AN ACT Amending section 28-370, Arizona Revised Statutes; relating to vehicle titles and registration. (TEXT OF BILL BEGINS ON NEXT PAGE) | |
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9 | + | REFERENCE TITLE: total loss vehicle; electronic signatures | |
10 | 10 | State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 | |
11 | - | HOUSE BILL 2303 | |
11 | + | HB 2303 | |
12 | + | Introduced by Representative Biasiucci | |
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13 | - | House Engrossed | |
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17 | - | total loss vehicle; electronic signatures | |
14 | + | REFERENCE TITLE: total loss vehicle; electronic signatures | |
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27 | 24 | State of Arizona | |
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29 | 26 | House of Representatives | |
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31 | 28 | Fifty-seventh Legislature | |
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33 | 30 | First Regular Session | |
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43 | - | HOUSE BILL 2303 | |
40 | + | HB 2303 | |
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44 | + | Introduced by | |
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46 | + | Representative Biasiucci | |
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53 | 64 | AN ACT | |
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57 | 68 | Amending section 28-370, Arizona Revised Statutes; relating to vehicle titles and registration. | |
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63 | 74 | (TEXT OF BILL BEGINS ON NEXT PAGE) | |
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67 | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 28-370, Arizona Revised Statutes, is amended to read: START_STATUTE28-370. Oaths and acknowledgments; power of attorney; definitions A. The director and officers, agents and employees of the department who the director designates may administer oaths and acknowledge signatures, without requiring the payment of a fee, in any matter connected with the administration of a law the enforcement of which is vested in the director. B. Notwithstanding title 14, chapter 5, article 5: 1. The director or an officer, agent or employee of the department who is designated by the director may witness a power of attorney to be used solely in the performance of vehicle title and registration activities. 2. For the purposes of executing a power of attorney in the performance of vehicle title and registration activities, the power of attorney is not required to be: (a) Notarized if it is witnessed by the director or an officer, agent or employee of the department who is designated by the director. (b) Notarized if it is involving a total loss vehicle settlement and an insurance company that is licensed pursuant to title 20 or an insurance company's authorized agent submits it electronically to the department in a manner approved by the director. The power of attorney may be signed electronically and printed on hard copy by using a commercial product that validates a PERSON'S identity by using the national INSTITUTE of standards and technology's Identity ASSURANCE level 2 or higher authorization | |
78 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 28-370, Arizona Revised Statutes, is amended to read: START_STATUTE28-370. Oaths and acknowledgments; power of attorney; definitions A. The director and officers, agents and employees of the department who the director designates may administer oaths and acknowledge signatures, without requiring the payment of a fee, in any matter connected with the administration of a law the enforcement of which is vested in the director. B. Notwithstanding title 14, chapter 5, article 5: 1. The director or an officer, agent or employee of the department who is designated by the director may witness a power of attorney to be used solely in the performance of vehicle title and registration activities. 2. For the purposes of executing a power of attorney in the performance of vehicle title and registration activities, the power of attorney is not required to be: (a) Notarized if it is witnessed by the director or an officer, agent or employee of the department who is designated by the director. (b) Notarized if it is involving a total loss vehicle settlement and an insurance company that is licensed pursuant to title 20 or an insurance company's authorized agent submits it electronically to the department in a manner approved by the director. The power of attorney may be signed electronically and printed on hard copy by using a commercial product that validates a PERSON'S identity by using the national INSTITUTE of standards and technology's Identity ASSURANCE level 2 or higher authorization. (c) Witnessed if it is notarized. C. For the purposes of this section: , 1. "Agent" includes a motor vehicle dealer or a third party authorized pursuant to this title. 2. "sign electronically" means to attach to or logically associate with an ELECTRONIC record an ELECTRONIC sound, symbol or process that is used by a person to execute or adopt the ELECTRONIC record with the intent to sign the ELECTRONIC record without the requirement of a physical touch. END_STATUTE | |
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69 | 80 | Be it enacted by the Legislature of the State of Arizona: | |
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71 | 82 | Section 1. Section 28-370, Arizona Revised Statutes, is amended to read: | |
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73 | 84 | START_STATUTE28-370. Oaths and acknowledgments; power of attorney; definitions | |
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75 | 86 | A. The director and officers, agents and employees of the department who the director designates may administer oaths and acknowledge signatures, without requiring the payment of a fee, in any matter connected with the administration of a law the enforcement of which is vested in the director. | |
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77 | 88 | B. Notwithstanding title 14, chapter 5, article 5: | |
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79 | 90 | 1. The director or an officer, agent or employee of the department who is designated by the director may witness a power of attorney to be used solely in the performance of vehicle title and registration activities. | |
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81 | 92 | 2. For the purposes of executing a power of attorney in the performance of vehicle title and registration activities, the power of attorney is not required to be: | |
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83 | 94 | (a) Notarized if it is witnessed by the director or an officer, agent or employee of the department who is designated by the director. | |
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85 | - | (b) Notarized if it is involving a total loss vehicle settlement and an insurance company that is licensed pursuant to title 20 or an insurance company's authorized agent submits it electronically to the department in a manner approved by the director. The power of attorney may be signed electronically and printed on hard copy by using a commercial product that validates a PERSON'S identity by using the national INSTITUTE of standards and technology's Identity ASSURANCE level 2 or higher authorization | |
96 | + | (b) Notarized if it is involving a total loss vehicle settlement and an insurance company that is licensed pursuant to title 20 or an insurance company's authorized agent submits it electronically to the department in a manner approved by the director. The power of attorney may be signed electronically and printed on hard copy by using a commercial product that validates a PERSON'S identity by using the national INSTITUTE of standards and technology's Identity ASSURANCE level 2 or higher authorization. | |
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87 | 98 | (c) Witnessed if it is notarized. | |
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89 | 100 | C. For the purposes of this section: , | |
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91 | 102 | 1. "Agent" includes a motor vehicle dealer or a third party authorized pursuant to this title. | |
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93 | 104 | 2. "sign electronically" means to attach to or logically associate with an ELECTRONIC record an ELECTRONIC sound, symbol or process that is used by a person to execute or adopt the ELECTRONIC record with the intent to sign the ELECTRONIC record without the requirement of a physical touch. END_STATUTE |