Chapter 0105 - 502R - H Ver of HB2677

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 28-4131, Arizona Revised Statutes, is amended to read:

START_STATUTE28-4131. Definition of evidence

In this article, unless the context otherwise requires, "evidence" includes:

1. An original, a photocopy or a copy of a current and valid:

(a) Motor vehicle or automobile liability policy that meets the requirements of section 28‑4009.

(b) Binder or certificate of motor vehicle or automobile liability insurance that meets the requirements of section 28‑4009.

(d) Certificate of deposit that meets the requirements of section 28‑4084.

(e) Motor vehicle insurance identification card issued by an authorized insurer or an authorized agent of the insurer for a motor vehicle or automobile liability policy that meets the requirements of section 28‑4009.

(f) Certificate of insurance for a policy that meets the requirements of section 28‑4033.

2. Designation of a motor vehicle as owned or leased by this state or any of its political subdivisions according to section 38‑538.

3. A display on a wireless communication device of any item listed in paragraph 1 of this section.END_STATUTE

Sec. 2. Section 28-4133, Arizona Revised Statutes, is amended to read:

START_STATUTE28-4133. Insurance identification cards; documentary evidence; exception

A. An authorized insurer shall issue at least two motor vehicle insurance identification cards for a motor vehicle or automobile liability policy that meets the requirements of section 28‑4009 or section 28‑4033, subsection A, paragraph 2, subdivision (c).

B. The card shall state that:

1. A person is required to possess evidence of financial responsibility within the motor vehicle.

2. The card meets the requirement or an image of the card that is displayed on a wireless communication device meets the requirement.

3. The card or an image of the card that is displayed on a wireless communication device is satisfactory evidence if the person is asked by the department of transportation to verify financial responsibility on the motor vehicle.

C. All documentary evidence issued by an insurer or an authorized agent of the insurer shall indicate:

1. The name of the insurer as listed with the department of insurance.

2. For the purpose of verifying insurance coverage, the mailing address and telephone number of the insurer or an authorized agent of the insurer.

3. In order to accurately verify insurance coverage, other information as required by the department of transportation.

4. If a binder is issued by an authorized agent of an insurer, the name, address and telephone number of the agent.

D. This section does not apply to a commercial vehicle policy that provides automatic coverage for additional or newly acquired vehicles until the policy's expiration date. END_STATUTE

Sec. 3. Section 28-4135, Arizona Revised Statutes, is amended to read:

START_STATUTE28-4135. Motor vehicle financial responsibility requirement; civil penalties

A. A motor vehicle that is operated on a highway in this state shall be covered by one of the following:

1. A motor vehicle or automobile liability policy that provides limits not less than those prescribed in section 28‑4009.

2. An alternate method of coverage as provided in section 28‑4076.

3. A certificate of self‑insurance as prescribed in section 28‑4007.

4. A policy that satisfies the financial responsibility requirements prescribed in article 2 of this chapter.

B. A person operating a motor vehicle on a highway in this state shall have evidence within the motor vehicle of current financial responsibility applicable to the motor vehicle. The evidence may be displayed on a wireless communication device that is in the motor vehicle. If a person displays the evidence on a wireless communication device pursuant to this subsection, the person is not consenting for law enforcement to access other contents of the wireless communication device.

C. Failure to produce evidence of financial responsibility on the request of a law enforcement officer investigating a motor vehicle accident or an alleged violation of a motor vehicle law of this state or a traffic ordinance of a city or town is a civil traffic violation that is punishable as prescribed in this section.

D. A citation issued for violating subsection B or C of this section shall be dismissed if the person to whom the citation was issued produces evidence to the appropriate court officer on or before the date and time specified on the citation for court appearance and in a manner specified by the court, including the certification of evidence by mail, of either of the following:

1. The financial responsibility requirements prescribed in this section were met for the motor vehicle at the date and time the citation was issued.

2. A motor vehicle or automobile liability policy that meets the financial responsibility requirements of this state and that insured the person and the motor vehicle the person was operating at the time the person received the citation regardless of whether or not the motor vehicle was named in the policy.

E. Except as provided in section 28‑4137, a person who violates this section is subject to a civil penalty as follows:

1. The court shall impose a minimum civil penalty of five hundred dollars for the first violation. On receipt of the abstract of the record of judgment, the department shall suspend the driver license of the person and the registration and license plates of the motor vehicle involved for three months.

2. If a person violates this section a second time within a period of thirty‑six months, the court shall impose a minimum civil penalty of seven hundred fifty dollars. On receipt of the abstract of the record of judgment, the department shall suspend the driver license of the person and the registration and license plates of the motor vehicle involved for six months.

3. If a person violates this section three or more times within a period of thirty‑six months, the court shall impose a minimum civil penalty of one thousand dollars. On receipt of the abstract of the record of judgment, the department shall suspend the driver license of the person and the registration and license plates of the motor vehicle involved for one year. The department shall require on reinstatement of the driver license, the registration and the license plates that the person file with the department proof of financial responsibility in accordance with article 3 of this chapter.

F. A court may require a person to produce an insurance identification card as evidence in a hearing for a violation of this section. END_STATUTE