HB 2239 — used vehicle sales; title; dealers

HB2239 - 541R - SC Ver       SenateConference Engrossed House Bill       State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session     HOUSE BILL 2239       AN ACT   amending section 28‑2051, Arizona Revised Statutes;

amending SECTIONSECTIONs 28-4409 and 44‑1267, Arizona Revised Statutes;

vision screening test A.  A person shall apply to the department on a form prescribed or authorized by the department for a certificate of title to a motor vehicle, trailer or semitrailer.  The person shall make the application within fifteen days after the purchase or transfer of the vehicle, trailer or semitrailer except that a licensed motor vehicle dealer shall make a reasonable and well documented effort to complete the application within thirty days and must complete the application within sixty days after the purchase or transfer.  All transferees shall sign the application, except that one transferee may sign the application if both of the following apply:

END_STATUTE Sec. 4.  Section 44-1267,28-4409, Arizona Revised Statutes, is amended to read:

START_STATUTE28-4409.  Evidence of ownership requirement;

exception A.  Except as provided in section 28‑4410, :  1.  each dealer in motor vehicles, trailers and semitrailers, including manufacturers who sell to other than dealers, having possession of or offering for sale a motor vehicle, trailer or semitrailer shall have at the same time either:

(a)  1.  Possession of a duly and regularly assigned certificate of title to the vehicle.

(b)  2.  Reasonable indicia of ownership or right of possession as approved by the director.

2.  A dealer or manufacturer shall not offer for sale or sell a motor vehicle, trailer or semitrailer until the dealer or manufacturer has obtained a certificate of title to the motor vehicle, trailer or semitrailer, except that a certificate of title is not required for a new motor vehicle sold by manufacturers to dealers.

B.  A wholesale motor vehicle auction dealer is exempt from the requirement of having to possess a duly and regularly assigned certificate of title and from other requirements relating to the reassignment of certificate of title documents and disclosures to buyers.  A wholesale motor vehicle auction dealer may buy or sell a motor vehicle at wholesale in the wholesale motor vehicle auction dealer's own name if the wholesale motor vehicle auction dealer complies with the provisions of this title relating to certificates of title, reassignments of certificate of title documents and disclosures to buyers.

C.  A wholesale motor vehicle dealer must apply for a certificate of title in the name of the wholesale motor vehicle dealer any vehicle that the wholesale motor vehicle dealer acquires before the wholesale motor vehicle dealer transfers the vehicle to another licensed motor vehicle dealer.

END_STATUTE Sec. 5.  Section 44-1267, Arizona Revised Statutes, is amended to read:

END_STATUTE Sec. 5.  EffectiveSec. 6.  Effective date Except as provided in section 67 of this act, this act is effective from and after December 31, 2019.

Sec. 6.  ConditionalSec. 7.  Conditional enactment Section 28‑4301, Arizona Revised Statutes, as amended by Laws 2018, chapter 298, section 6 and this act, becomes effective on the date prescribed by Laws 2018, chapter 298, section 12 but only on the occurrence of the condition prescribed by Laws 2018, chapter 298, section 12 and not before from and after December 31, 2019.