2019 -- S 0901

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LC002671

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO MOTOR VEHICLES - INSPECTIONS

     Introduced By: Senators Morgan, Algiere, Paolino, de la Cruz, and Rogers

     Date Introduced: May 22, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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

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

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

and the dates of their security agreements; and

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

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

nonexistence of security interests in the vehicle.

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

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

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

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

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

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

country, the application shall contain or be accompanied by:

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

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

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

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

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

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

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

in an emergency, the administrator of the division of motor vehicles or his or her designee shall

conduct the inspection of the vehicle identifying number, and certify, on forms provided by the

division, that it has been found to conform to the description given in the application or any other

form of the identity of the vehicle the division reasonably requires. An inspection and

certification fee of ten dollars ($10.00) shall be assessed against the applicant by the city or town

whose police conduct the inspection. The inspection by the chiefs of police, or their designees,

who shall be employees of the police department, shall be conducted at the local city or town

police station, at a municipally owned building, or at a licensed new motor vehicle dealership.

This provision eliminates the responsibility for the inspection to be performed by division

personnel.

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

each vehicle identification number shall be submitted for a National Crime Information Center

(NCIC) check, and the results, sometimes called the "NCIC check number", shall be attached to

the TR-5 form provided by the division or to any other form consistent with this provision that

the division might reasonably require.

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

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

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

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

section.

     SECTION 2. Section 31-23.2-10 of the General Laws in Chapter 31-23.2 entitled

"Tampering with Odometers" is hereby amended to read as follows:

     31-23.2-10. Division of motor vehicles -- Odometer inspection.

     (a) Notwithstanding any other provisions of the general laws, the division of motor

vehicles shall require the inspection by a member of a city or town police department, of the

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odometer of every motor vehicle purchased from a seller from outside the state of Rhode Island,

prior to issuing a certificate of title in accordance with the provisions of § 31-23.2-6.

     (b) For each vehicle inspected, the local police department may collect a fee of ten dollars

($10.00).

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

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

section.

     SECTION 3. 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 VEHICLES - INSPECTIONS

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     This act would authorize the Exeter town sergeant or designees to conduct division of

motor vehicles vehicle identifying number and odometer inspections.

     This act would take effect upon passage.

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LC002671

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