HB 2292 — motor vehicle dealers; sales; cancellation

HouseSenate Engrossed House Bill motor vehicle dealers;

cancellation State(now: of Arizona House of Representatives Fifty-sixth Legislature First Regular Session HOUSE BILL 2292 AN ACT AMENDING SECTIONS 28-2158 AND 28-4403, ARIZONA REVISED STATUTES;

transportation;

vehicle sales;

license providers) State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session CHAPTER 175 HOUSE BILL 2292 AN ACT AMENDING SECTIONS 28-2158 AND 28-4403, ARIZONA REVISED STATUTES;

AMENDING SECTION 28-5101.01, ARIZONA REVISED STATUTES;

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 1vehicle, -body H.B.or chassis by name or identifying number or otherwise to identify it.

2292- the1 vehicle,- bodyH.B. or chassis by name or identifying number or otherwise to identify it.

2292 B.

INIF THE EVENT A MOTOR VEHICLE DEALER AND A PURCHASER ELECT TO RESCIND OR CANCEL THE SALE OF A MOTOR VEHICLE WITHIN THIRTY DAYS OFAFTER THE DATE OF SUCHTHE SALE,TITLE APPLICATION, THE MOTOR VEHICLE DEALER SHALL DOCUMENT THE RESCISSION OR CANCELLATION OF THE SALESALE, ANDSHALL UPONSUBMIT 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 OF ALL FEES, TAXES AND OTHER MONIESMONIES. IN A MANNER PRESCRIBED BY THE DEPARTMENT.

BE COMPLETED AND SUBMITTED TO THE DEPARTMENT WITHIN FIFTEEN BUSINESS DAYS AFTER THE DATE THE PARTIES AGREED TO CANCEL OR RESCIND THE SALE.

WITHIN SEVEN BUSINESS DAYS AFTER RECEIVING THE DOCUMENTATION DESCRIBED IN SUBSECTION DA OF THIS SECTION, THE DEPARTMENT SHALL:

REFUND TO THE MOTOR VEHICLE DEALER ANY FEES AND TAXES THAT THE MOTOR VEHICLE DEALER PAID TO THE DEPARTMENT, EXCEPTEXCEPT: THE FEE PRESCRIBED IN SECTION 28-2003, SUBSECTION A, PARAGRAPH 1, AND ANY FEES RETAINED BY THE DEPARTMENT, REIMBURSED TO THE DEPARTMENT OR ASSESSED IN ADDITION TO PRESCRIBED FEES BY AN AGENT, AN AUTHORIZED THIRD PARTY OR AN AUTHORIZED THIRD PARTY ELECTRONIC SERVICE PROVIDER AS DEFINED IN SECTION 28-5100.

(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.

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 TIME OF THE SALE THAT IS SUBJECT TO THE RESCISSION OR CANCELLATION.

IF A MOTOR VEHICLE IS SUBJECT TO SUBSECTION DA 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 EB OF THIS SECTION.

A MOTOR VEHICLE DEALER SHALL RETURN ALL AMOUNTS RECEIVED FROM A LIENHOLDER OR PROSPECTIVE LIENHOLDER IN CONNECTION WITH THE FINANCING OF THEA RESCINDED OR CANCELLEDCANCELED SALEMOTOR TOVEHICLE THESALE, LIENHOLDERA OR PROSPECTIVE LIENHOLDER NOT MORE THAN THREE BUSINESS DAYS AFTER THE MOTOR VEHICLE DEALER ANDSHALL PURCHASERRETURN AGREE TO RESCINDA LIENHOLDER OR CANCELA THEPROSPECTIVE SALE.LIENHOLDER:

-1. 3 -

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.

- 3 - H.B.

2292 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: