2022 -- H 7527

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LC004747

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- CERTIFICATES OF TITLE AND

SECURITY INTERESTS

     

     Introduced By: Representatives McEntee, O'Brien, Caldwell, Cortvriend, Slater,
Morales, Phillips, Ackerman, Potter, and Batista

     Date Introduced: February 18, 2022

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-3.1-4 of the General Laws in Chapter 31-3.1 entitled "Certificates

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of Title and Security Interests" is hereby amended to read as follows:

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     31-3.1-4. Application for first certificate of title.

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     (a) The application for the first certificate of title of a vehicle in this state shall be made by

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the owner to the division of motor vehicles on the form it prescribes and shall contain:

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     (1) The name, residence, and mailing address of the owner;

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     (2) A description of the vehicle including, so far as the following data exists: its make,

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model, identifying number, type of body, the number of cylinders, and whether new or used;

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     (3) The date of purchase by the applicant, the name and address of the person from whom

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the vehicle was acquired, and the names and addresses of any lienholders in the order of their

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priority and the dates of their security agreements; and

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     (4) Any further information the division reasonably requires to identify the vehicle and to

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enable it to determine whether the owner is entitled to a certificate of title, and the existence or

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nonexistence of security interests in the vehicle.

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     (b) If the application refers to a vehicle purchased from a dealer, it shall contain the name

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and address of any lienholder holding a security interest created or reserved at the time of the sale

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and the date of this security agreement and be signed by the dealer as well as the owner, and the

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dealer or buyer shall promptly mail or deliver the application to the division. The buyer shall also

 

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complete a security lien statement as provided in ยง 31-3.1-19.

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     (c) If the application refers to a vehicle last previously registered in another state or country,

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the application shall contain or be accompanied by:

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     (1) Any certificate of title issued by the other state or country;

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     (2) Any other information and documents the division reasonably requires to establish the

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ownership of the vehicle and the existence or nonexistence of a security interest in it; and

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     (3) The certificate of a person authorized by law that the identifying number of the vehicle

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has been inspected and found to conform to the description given in the application, or any other

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proof of the identity of the vehicle the division reasonably requires.

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     (d)(1) Chiefs of police, their designees, who shall be employees of the police department,

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a licensed Rhode Island new motor vehicle dealer, or, in an emergency, the administrator of the

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division of motor vehicles, or his or her designee, shall conduct the inspection of the vehicle

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identifying number, and certify, on forms provided by the division, that it has been found to

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conform to the description given in the application or any other form of the identity of the vehicle

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the division reasonably requires. An inspection and certification fee of ten dollars ($10.00) shall be

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assessed against the applicant by the city or town whose police conduct the inspection or by the

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licensed Rhode Island new motor vehicle dealer who conducts the inspection. The inspection by

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the chiefs of police, or their designees, who shall be employees of the police department, shall be

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conducted at the local city or town police station, at a municipally owned building, or at a licensed

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new motor vehicle dealership. A licensed Rhode Island new motor vehicle dealer shall conduct the

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inspection at their business. This provision eliminates the responsibility for the inspection to be

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performed by division personnel.

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     (2) Upon inspection of the vehicle identifying number as provided for in this section, each

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vehicle identification number shall be submitted for a National Crime Information Center (NCIC)

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check, and the results, sometimes called the "NCIC check number," shall be attached to the TR-5

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form provided by the division or to any other form consistent with this provision that the division

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might reasonably require.

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     (e) No person, partnership, or corporation shall charge a fee in excess of ten dollars

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($10.00) for obtaining a certificate of title for a motor vehicle.

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     (f) In the town of Exeter, the town sergeant, or designees, who shall also be employees of

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the Exeter town sergeant's office, are authorized to conduct the inspection required by this section.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- CERTIFICATES OF TITLE AND

SECURITY INTERESTS

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     This act would enable Rhode Island licensed new motor vehicle dealers to conduct vehicle

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identification number inspections.

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     This act would take effect upon passage.

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