Bill Text: AZ HB2292 | 2023 | Fifty-sixth Legislature 1st Regular | Engrossed
Bill Title: Transportation; vehicle sales; license providers
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2023-06-19 - Chapter 175 [HB2292 Detail]
Download: Arizona-2023-HB2292-Engrossed.html
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Senate Engrossed House Bill
motor vehicle dealers; sales; cancellation (now: transportation; vehicle sales; license providers) |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HOUSE BILL 2292 |
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An Act
amending sections 28-2158 and 28-4403, Arizona Revised Statutes; amending title 28, chapter 10, article 4, Arizona Revised Statutes, by adding section 28-4424; amending section 28-5101.01, Arizona Revised Statutes; relating to motor vehicles.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-2158, Arizona Revised Statutes, is amended to read:
28-2158. Registration card
A. The department shall file each application for registration. If satisfied that the application is genuine and regular, the department shall issue a registration card to the owner of the vehicle and shall assign license plates to the vehicle.
B. The registration card shall contain on the face of the card all of the following:
1. The date it is issued.
2. The registration number assigned to the owner and the vehicle.
3. The name and address of the owner.
4. A description of the registered vehicle, including the serial number.
5. The amount of fees paid for registration of the vehicle.
C. The registration card shall be carried at all times in the driver's compartment of the vehicle for which it is issued or displayed on a wireless communication device. The registration card is subject to inspection by the director, members of the highway patrol or any peace officer.
Sec. 2. Section 28-4403, Arizona Revised Statutes, is amended to read:
28-4403. Record requirements; motor vehicle information; inspection; liability; electronic submission
A. A licensee shall keep and maintain at the licensee's established place of business, or place of business if the licensee is a broker or a wholesale motor vehicle dealer, a permanent record in the form prescribed by the director. containing The permanent record may be in an electronic format and shall contain:
1. A particular description of each motor vehicle of a type subject to registration under the laws of this state that is bought, sold, brokered or exchanged by the licensee or received or accepted by the licensee for sale, brokering or exchange.
2. A particular description of each used motor vehicle body or chassis that is sold or otherwise disposed of.
3. A particular description of each motor vehicle that is bought or otherwise acquired and wrecked by the licensee.
4. The name and address of the person from whom a motor vehicle, motor vehicle body or motor vehicle chassis was purchased or otherwise acquired and the date it was purchased or acquired.
5. The name and address of the person to whom the motor vehicle, motor vehicle body or motor vehicle chassis was sold or otherwise disposed of, the date it was sold or disposed of and a sufficient description of the vehicle, body or chassis by name or identifying number or otherwise to identify it.
B. A licensed automotive recycler that has a vehicle in the automotive recycler's inventory shall:
1. At the same time have possession of a duly and regularly assigned salvage certificate of title, nonrepairable vehicle certificate of title or dismantle certificate of title to the vehicle.
2. Not offer for sale or sell a vehicle unless a salvage certificate of title, nonrepairable vehicle certificate of title or dismantle certificate of title to the vehicle has been obtained.
C. Each motor vehicle dealer shall give the customer a written or electronic contract and shall maintain a copy of the contract for three years at the dealer's established place of business.
D. Each record required by this section and all inventories relating to the records of a licensee shall be available at all times for physical inspection by agents of the department or members of the highway patrol division. The agents or members may enter on premises where the records or inventories are located during normal business hours for purposes of the inspection. The licensee or any designated employee or agent may accompany any person making the inspection while the person is on the licensee's premises.
E. The licensee is only liable to a person making an inspection under this section for an injury arising out of the condition of the premises that occurs while the person is on the licensee's premises if the licensee knowingly allows the person to encounter a hidden peril or wantonly or wilfully causes the person harm.
F. A wholesale motor vehicle dealer shall submit electronically to the department any documents that are requested by the department during the wholesale motor vehicle dealer's reported business hours and that are prescribed in this section. The wholesale motor vehicle dealer shall submit the requested documents within forty-eight hours after the request is transmitted.
Sec. 3. Title 28, chapter 10, article 4, Arizona Revised Statutes, is amended by adding section 28-4424, to read:
28-4424. Motor vehicle sale rescission or cancellation
a. If a motor vehicle dealer and a purchaser elect to rescind or cancel the sale of a motor vehicle within thirty days after the date of the title application, the motor vehicle dealer shall document the rescission or cancellation of the sale, shall submit documentation to the department in a manner prescribed by the department on receipt of the following items from the applicable department and shall return to the rightful parties all fees, taxes and other monies. The documentation shall:
1. Be completed and submitted to the department within fifteen business days after the date the parties agreed to cancel or rescind the sale.
2. Include a copy of an agreement executed by the motor vehicle dealer, the purchaser and, if the purchase was financed, the lender financing the purchase providing for the recission or cancellation of the sale.
3. Include a certificate of title if it has been issued or an attestation that the certificate of title has been lost or destroyed.
B. Within seven business days after receiving the documentation described in subsection A of this section, the department shall:
1. Rescind, cancel or revoke any application for a certificate of title or any issued certificate of title.
2. Refund to the motor vehicle dealer any fees and taxes that the motor vehicle dealer paid to the department, except:
(a) The fee prescribed in section 28-2003, subsection A, paragraph 1.
(b) All applicable fees, reimbursements and retained monies that are authorized by section 28-5101, subsections F, G and H.
3. Issue a certificate of title to the motor vehicle dealer that shows the motor vehicle dealer as the owner and the odometer mileage reading as recorded at the rescission or cancellation.
C. If a motor vehicle is subject to subsection A of this section, a motor vehicle dealer may not offer for retail sale the motor vehicle that is the subject of the sale rescission or cancellation until the motor vehicle dealer has received the certificate of title pursuant to subsection B of this section.
D. A rescission or cancellation under this section does not negate that the motor vehicle has been the subject of a previous retail sale.
E. In connection with the financing of a rescinded or canceled motor vehicle sale, A motor vehicle dealer shall return to a lienholder or a prospective lienholder:
1. All monies that the motor vehicle dealer receives pursuant to subsection B, paragraph 2 of this section. the motor vehicle dealer shall return the monies described in this paragraph within three business days after receiving the monies from the department.
2. All other monies that the motor vehicle dealer receives from the lienholder or the prospective lienholder. the motor vehicle dealer shall return the monies described in this paragraph within three business days after the motor vehicle dealer and the purchaser agree to rescind or cancel the sale.
Sec. 4. Section 28-5101.01, Arizona Revised Statutes, is amended to read:
28-5101.01. Authorized third party driver license providers; requirements
A. Except as provided in section 28-5101.03, an authorized third party driver license provider must perform both of the following:
1. Driver license skills and written testing.
2. Driver license processing.
B. A person who is a third party driver license provider authorized pursuant to this section may also be authorized pursuant to this article to perform certain title and registration functions.
C. A person who applies for authorization pursuant to this section shall submit with the application all of the following:
1. A bond in a form to be approved by the director and in an amount of at least $300,000 for an initial application for authorization pursuant to this section and an additional $100,000 for each additional location providing driver license functions prescribed in subsection A of this section, except that if the authorized third party is also authorized pursuant to this article to perform certain title and registration functions at the same location only a single $100,000 bond is required for that location. The total bond amount required by this paragraph shall not exceed $1,000,000. The bond requirements of this paragraph do not apply to government entities prescribed in section 28-5104, subsection E, paragraphs 1, 2, 3, 5 and 11.
2. Documentation that the applicant satisfies all of the following:
(a) Has been an authorized third party pursuant to this chapter for at least the immediately preceding three years.
(b) Has conducted an average of at least one thousand retention transactions per month for the previous calendar year.
(c) Is in good standing with the department.
(d) Has a facility plan for each location that shows adequate space and equipment necessary to perform the functions prescribed in subsection A of this section.
3. Documentation that the applicant has during business hours at least one certified processor qualified to perform at a minimum all of the following at each location:
(a) Fraudulent document recognition.
(b) Ignition interlock requirements.
(c) Driver license reinstatements.
D. A third party driver license provider authorized pursuant to this section must comply with all quality control requirements prescribed by the department.
E. A third party driver license provider authorized pursuant to subsection A of this section may perform administrative and functions or testing functions or both administrative functions and testing functions for the issuance and renewal of commercial driver licenses as authorized by the director and pursuant to federal law.
Sec. 5. Effective date
Section 28-4424, Arizona Revised Statutes, as added by this act, is effective from and after December 31, 2023.
