HB2484 is a bill that proposes significant changes to the legal consequences of failing to return a motor vehicle subject to a security interest. The bill seeks to repeal the current statute that classifies the failure to return such a vehicle as a class 6 felony and considers the vehicle stolen. Instead, the bill introduces a new approach where the vehicle owner would face suspension of the vehicle's registration and assigned license plate rather than criminal prosecution.
The bill outlines the process for a secured creditor to notify a vehicle owner who is 90 days late on a payment, including a warning that the vehicle's registration and license plate will be suspended if the vehicle is not returned. It also allows the secured creditor to file an affidavit with the Arizona Department of Transportation (ADOT) to initiate the suspension. The registration and license plate cannot be transferred or re-registered until the secured creditor confirms the vehicle's recovery. The bill also provides conditions under which the owner is not subject to the suspension, such as physical incapacitation or the vehicle being in a condition that prevents its return through no fault of the owner.
Statutes affected: Introduced Version: 13-1813
House Engrossed Version: 13-1813
Senate Engrossed Version: 13-1813, 28-2138
Chaptered Version: 13-1813, 28-2138