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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
automobile theft authority; watch program
Purpose
Allows the Arizona Automobile Theft Authority (ATA) to establish a Watch Your Car program and allows law enforcement officials to execute a stop of vehicles enrolled in the program under certain conditions.
Background
The ATA is overseen by two police chiefs appointed by the Arizona Association of Chiefs of Police, two sheriffs appointed by the Arizona Sheriffs Association, two attorneys, two employees of insurers, and two public members who are appointed by the Governor. The purpose of the ATA is to establish, maintain and support programs that are designed to prevent motor vehicle theft in Arizona by allocating monies from the ATA Fund. Monies in the fund can be used to support law enforcement and prosecution agency programs that are designed to increase the effectiveness of motor vehicle theft prosecution, and for education programs that assist in the prevention of motor vehicle theft. Each insurer operating in the state must pay a semiannual fee of 50 cents for each insured vehicle to the ATA for deposit into the Fund (A.R.S. § 41-3451).
The ATA currently operates a Watch Your Car program, which is a free and voluntary program whereby vehicle owners enroll their vehicles with the ATA. The vehicle is then entered into the Motor Vehicle Department (MVD) database and participants receive decals for their front and rear windows. By displaying the decals, vehicle owners convey to law enforcement officials that their vehicle is not usually driven between 1:00 A.M and 5:00 A.M.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the ATA to establish a voluntary Watch Your Car program (program) in which a vehicle owner may enroll their vehicle.
2. Allows the ATA to notify law enforcement officials of all of the following:
a) that enrolled vehicles are not usually in use between 1:00 A.M. and 5:00 A.M.;
b) that enrolled vehicles are not usually in use within one mile of the international border; and
c) that the owner of an enrolled vehicle gives consent for the vehicle to be stopped.
3. Requires a vehicle owner wishing to enroll their vehicle with the program to submit an electronic or written consent form that provides consent to law enforcement to stop an enrolled vehicle between the hours of 1:00 A.M. and 5:00 A.M. or within one mile of the international border.
4. Allows a law enforcement official to stop enrolled vehicles in order to determine whether the vehicle is being operated by or with consent of the owner.
5. Stipulates that a law enforcement official may stop an enrolled vehicle even if the law enforcement official has no other basis for believing the vehicle is being operated unlawfully.
6. Requires a law enforcement official, if the official determines the enrolled vehicle is being operated without the owner's consent, to then determine if the operator of the vehicle has committed theft of means of transportation or unlawful use of means of transportation.
7. Stipulates that an owner who enrolls their vehicle in the program agrees to indemnify and hold harmless any law enforcement official or agency against any claim relating to participation in the program.
8. Requires a law enforcement official to conduct a vehicle registration check verifying that the vehicle is enrolled in the program before conducting a stop.
9. Requires the ATA to provide law enforcement officials with copies of all signed consent forms upon request.
10. Requires the ATA to issue highly visible stickers for each enrolled vehicle to be placed in the rear window of the vehicle.
11. Requires the ATA to maintain a database of enrolled vehicles and notify the Arizona Department of Transportation of vehicles enrolled in the program.
12. Requires the Arizona Department of Transportation to indicate a vehicle's enrollment in the program on the vehicle's registration record.
13. Requires the owner of an enrolled vehicle to do all of the following:
a) notify the ATA of an owner's wish to withdraw from the program;
b) notify the ATA of a transfer of ownership of the vehicle before the transfer occurs;
c) remove the enrollment sticker from the vehicle if the vehicle is withdrawn; and
d) inform another person in possession of the enrolled vehicle that the vehicle may be stopped pursuant to the program.
14. Repeals the program on July 1, 2029.
15. Becomes effective on the general effective date.
Prepared by Senate Research
February 4, 2019
ZD/gs