ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

HB 2609: auto theft authority; fee overpayment

Sponsor: Representative Livingston, LD 28

Committee on Commerce

Overview

Entitles an insurer to a refund or credit relating to overpayment of certain fees.

History

Established in the Department of Insurance and Financial Institutions (DIFI), the Automobile Theft Authority (Authority) is tasked with determining the scope of motor vehicle theft and the areas of the state where the problem is the greatest. The Authority may also analyze, develop and implement a plan to combat the problem of motor vehicle theft. The Authority allocates monies in the Automobile Theft Authority Fund (Fund) to public agencies for the purpose of establishing, maintaining and supporting programs that are designed to prevent motor vehicle theft.

Each insurer who issues a motor vehicle liability insurance policy is required to pay a semiannual fee of $0.50 per vehicle insured under the policy. Monies collected from the fee as well as 50% of civil penalties assessed against a scrap metal dealer who does not submit required vehicle information to the Arizona Department of Transportation are deposited into the Fund (A.R.S § 41-3451).

The Authority must notify DIFI of an insurer's failure to pay the semiannual fee. On receiving notice of an insurer's failure to pay the fee, DIFI may suspend the insurer's certificate of authority or impose a civil penalty to be deposited into the Fund. (A.R.S. § 41-3453).

Provisions

1. Entitles an insurer who overpaid the automobile theft authority fee to a refund of the overpaid amount or a credit of the overpaid amount to be applied against future fees. (Sec. 1)

2. Directs the insurer to submit a request for a refund or credit to the Authority with documentation or information proving the overpaid amount. (Sec 1)

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6. HB 2609

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