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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO MOTOR AN D OTHER VEHICLES -- CERTIFICATES OF TITLE AND |
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| 16 | 16 | | SECURITY INTERESTS |
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| 17 | 17 | | Introduced By: Representatives McEntee, O'Brien, Craven, Caldwell, and Finkelman |
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| 18 | 18 | | Date Introduced: February 15, 2023 |
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| 19 | 19 | | Referred To: House Corporations |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 31-3.1-4 of the General Laws in Chapter 31-3.1 entitled "Certificates 1 |
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| 24 | 24 | | of Title and Security Interests" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 31-3.1-4. Application for first certificate of title. 3 |
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| 26 | 26 | | (a) The application for the first certificate of title of a vehicle in this state shall be made by 4 |
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| 27 | 27 | | the owner to the division of motor vehicles on the form it prescribes and shall contain: 5 |
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| 28 | 28 | | (1) The name, residence, and mailing address of the owner; 6 |
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| 29 | 29 | | (2) A description of the vehicle including, so far as the following data exists: its make, 7 |
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| 30 | 30 | | model, identifying number, type of body, the number of cylinders, and whether new or used; 8 |
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| 31 | 31 | | (3) The date of purchase by the applicant, the name and address of the person from whom 9 |
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| 32 | 32 | | the vehicle was acquired, and the names and addresses of any lienholders in the order of their 10 |
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| 33 | 33 | | priority and the dates of their security agreements; and 11 |
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| 34 | 34 | | (4) Any further information the division reasonably requires to identify the vehicle and to 12 |
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| 35 | 35 | | enable it to determine whether the owner is entitled to a certificate of title, and the existence or 13 |
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| 36 | 36 | | nonexistence of security interests in the vehicle. 14 |
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| 37 | 37 | | (b) If the application refers to a vehicle purchased from a dealer, it shall contain the name 15 |
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| 38 | 38 | | and address of any lienholder holding a security interest created or reserved at the time of the sale 16 |
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| 39 | 39 | | and the date of this security agreement and be signed by the dealer as well as the owner, and the 17 |
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| 40 | 40 | | dealer or buyer shall promptly mail or deliver the application to the division. The buyer shall also 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 44 | 44 | | complete a security lien statement as provided in § 31-3.1-19. 1 |
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| 45 | 45 | | (c) If the application refers to a vehicle last previously registered in another state or country, 2 |
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| 46 | 46 | | the application shall contain or be accompanied by: 3 |
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| 47 | 47 | | (1) Any certificate of title issued by the other state or country; 4 |
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| 48 | 48 | | (2) Any other information and documents the division reasonably requires to establish the 5 |
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| 49 | 49 | | ownership of the vehicle and the existence or nonexistence of a security interest in it; and 6 |
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| 50 | 50 | | (3) The certificate of a person authorized by law that the identifying number of the vehicle 7 |
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| 51 | 51 | | has been inspected and found to conform to the description given in the application, or any other 8 |
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| 52 | 52 | | proof of the identity of the vehicle the division reasonably requires. 9 |
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| 53 | 53 | | (d)(1) Chiefs of police, their designees, who shall be employees of the police department, 10 |
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| 54 | 54 | | a licensed Rhode Island new motor vehicle dealer, or, in an emergency, the administrator of the 11 |
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| 55 | 55 | | division of motor vehicles, or his or her designee, shall conduct the inspection of the vehicle 12 |
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| 56 | 56 | | identifying number, and certify, on forms provided by the division, that it has been found to 13 |
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| 57 | 57 | | conform to the description given in the application or any other form of the identity of the vehicle 14 |
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| 58 | 58 | | the division reasonably requires. An inspection and certification fee of ten dollars ($10.00) shall be 15 |
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| 59 | 59 | | assessed against the applicant by the city or town whose police conduct the inspection or by the 16 |
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| 60 | 60 | | licensed Rhode Island new motor vehicle dealer who conducts the inspection. The inspection by 17 |
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| 61 | 61 | | the chiefs of police, or their designees, who shall be employees of the police department, shall be 18 |
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| 62 | 62 | | conducted at the local city or town police station, at a municipally owned building, or at a licensed 19 |
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| 63 | 63 | | new motor vehicle dealership. A licensed Rhode Island new motor vehicle dealer shall conduct the 20 |
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| 64 | 64 | | inspection at their business location. This provision eliminates the responsibility for the inspection 21 |
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| 65 | 65 | | to be performed by division personnel. 22 |
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| 66 | 66 | | (2) Upon inspection of the vehicle identifying number as provided for in this section, each 23 |
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| 67 | 67 | | vehicle identification number shall be submitted for a National Crime Information Center (NCIC) 24 |
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| 68 | 68 | | check, and the results, sometimes called the “NCIC check number,” shall be attached to the TR-5 25 |
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| 69 | 69 | | form provided by the division or to any other form consistent with this provision that the division 26 |
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| 70 | | - | might reasonably require. The vehicle identification number shall be submitted for a NCIC check 27 |
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| 71 | | - | by the chiefs of police, or designees, who shall be employees of the police department. Ten dollars 28 |
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| 72 | | - | ($10.00) collected by the licensed Rhode Island new motor vehicle dealer who conducts the 29 |
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| 73 | | - | inspection in subsection (d)(1) of this section shall be payable to the city or town whose police 30 |
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| 74 | | - | conduct the NCIC check. 31 |
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| 75 | | - | (e) No person, partnership, or corporation shall charge a fee in excess of ten dollars 32 |
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| 76 | | - | ($10.00) for obtaining a certificate of title for a motor vehicle. 33 |
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| 77 | | - | (f) In the town of Exeter, the town sergeant, or designees, who shall also be employees of 34 |
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| 70 | + | might reasonably require. The vehicle identification number shall be submitted for a NICI check 27 |
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| 71 | + | by the chiefs of police, or designees, who shall be employees of the police department. 28 |
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| 72 | + | (e) No person, partnership, or corporation shall charge a fee in excess of ten dollars 29 |
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| 73 | + | ($10.00) for obtaining a certificate of title for a motor vehicle. 30 |
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| 74 | + | (f) In the town of Exeter, the town sergeant, or designees, who shall also be employees of 31 |
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| 75 | + | the Exeter town sergeant’s office, are authorized to conduct the inspection required by this section. 32 |
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