State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2239: used vehicle sales; title; dealers

PRIME SPONSOR: Representative Biasiucci, LD 5

BILL STATUS: House Engrossed

                             

 

Overview

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteModifies the application timeline for vehicle titles and eliminates title ownership requirements for an attempt to sell a used vehicle.

History

Under current law, motor vehicle dealers are required to apply, in a form prescribed or authorized by the Arizona Department of Transportation (ADOT), for a certificate of title for a motor vehicle, trailer or semi-trailer within thirty days after the purchase or transfer (A.R.S § 28-2051). In order for a seller to attempt to sell a used motor vehicle, the seller must possess the title for the vehicle and the title must be in their name (A.R.S. § 44-1267).

Motor vehicle dealer is defined as a new motor vehicle dealer, a used motor vehicle dealer, a public consignment auction dealer, a broker or a wholesale motor vehicle auction dealer, excluding a person who comes into possession of a motor vehicle as an incident to the person's regular business and who sells, auctions or exchanges the motor vehicle.

Wholesale motor vehicle dealer is defined as a person who sells used motor vehicles only to licensed motor vehicle dealers (A.R.S § 28-4301). 

Provisions

1.       Modifies the timeline for a licensed motor vehicle dealer to complete an application for a certificate of title after a vehicle purchase or transfer as follows:

a.       Requires the dealer to make a reasonable and well documented effort to complete the application for a certificate of title within 30 days; and

b.       Requires the dealer to complete the application for certificate of title within 90 days of purchase or transfer. (Sec. 1)

2.       Modifies the definition of motor vehicle dealer for the purposes of motor vehicle dealer requirements by:

a.       removing broker; and

b.       including wholesale motor vehicle dealer. (Sec. 2)

3.       Eliminates the requirement for a seller to possess the title to a used motor vehicle and for the title be in their name before attempting to sell the vehicle. (Sec. 4)

4.       Makes technical and conforming changes. (Sec. 3, 4, 5)

5.        

6.        

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8.       Fifty-fourth Legislature                       HB 2239

9.       First Regular Session                            Version 3: House Engrossed

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