Bill Text: AZ SB1133 | 2012 | Fiftieth Legislature 2nd Regular | Engrossed
Bill Title: Motor vehicle dealer licensing; exemption
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-15 - House TRANS Committee action: Held [SB1133 Detail]
Download: Arizona-2012-SB1133-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SENATE BILL 1133 |
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AN ACT
amending section 28‑4333, Arizona Revised Statutes; relating to motor vehicle dealers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-4333, Arizona Revised Statutes, is amended to read:
28-4333. Licensing requirement; exemptions
A. A new motor vehicle shall not be sold in this state unless either the manufacturer on direct dealerships of domestic vehicles, the importer of foreign manufactured vehicles on direct dealerships or the distributor on indirect dealerships of either domestic or foreign vehicles is licensed as provided in this chapter. Obtaining the license conclusively establishes that the manufacturer, distributor or importer is subject to the laws of this state regulating manufacturers, importers and distributors.
B. An organization that has qualified for an exemption from taxation of income under section 43‑1201, subsection A, paragraph 1, 2, 4, 5, 6, 7, 10 or 11 may sell a donated used motor vehicle without obtaining a license under this chapter, subject to the following:
1. The nonprofit organization shall maintain the tax exempt status until any monies received from the sale of the used motor vehicle have been expended and a member, director, officer, employee or agent of the nonprofit organization shall not receive any direct or indirect pecuniary benefit from the sale of the used motor vehicle.
2. The nonprofit organization shall have been in existence continuously in this state for a five year period immediately before the sale of the used motor vehicle.
3. 2. The nonprofit organization shall sell the used motor vehicle by consignment assignment using a licensed motor vehicle dealer.
4. 3. Notwithstanding section 28‑2058, the nonprofit organization is not required to obtain a new certificate of title or registration for the donated motor vehicle but shall assign the certificate of title to the licensed motor vehicle dealer for ultimate assignment to the retail purchaser of the motor vehicle.
5. 4. The nonprofit organization shall maintain the motor vehicle financial responsibility requirements prescribed by chapter 9, article 4 of this title if operating the motor vehicle including operating the motor vehicle to the place of consignment assignment.
6. 5. The nonprofit organization may operate the donated motor vehicle to the place of consignment assignment without purchasing the one trip registration permit required by section 28‑2155.
C. Notwithstanding any other provision of this chapter, a person who receives or does not receive consideration for providing a purchaser the opportunity to purchase a motor vehicle from a licensed new motor vehicle dealer at a price that does not exceed a certain amount is not required to be licensed as a motor vehicle dealer or broker under this chapter if the person does not participate in the negotiation of the actual price paid, the delivery terms or any other terms related to the purchase of the vehicle.
