Arizona 2024 2024 Regular Session

Arizona House Bill HB2389 Comm Sub / Analysis

Filed 02/19/2024

                      	HB 2389 
Initials JB/LM 	Page 1 	House Engrossed 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
Second Regular Session 
House: TI DPA 10-0-1-0 
 
HB2389: vehicle sales; emergency stop; prohibition 
Sponsor: Representative Kolodin, LD 3 
House Engrossed 
Overview 
Prohibits a motor vehicle from being sold or leased in this state if the motor vehicle has a 
mechanism that allows a person who is not the owner of the motor vehicle and who does not 
have the motor vehicle's physical key to remotely shut off the motor vehicle. 
History 
If a sale or lease of a motor vehicle from a motor vehicle dealer or a lessor to a customer is 
conditioned on final approval of financing by a lender or lessor, the motor vehicle dealer or 
lessor must retain title and possession of any motor vehicle traded by a customer as part of 
the transaction until financing is finally approved or the traded motor vehicle is returned to 
the customer. Any remedy for a violation of requirements relating to motor vehicle 
transactions may not be waived, modified or limited by agreement or contract. 
If a motor vehicle dealer charges a document fee for a motor vehicle transaction, the motor 
vehicle dealer must clearly and conspicuously disclose in its advertisement for a motor vehicle 
that a document fee will be charged for a motor vehicle transaction (A.R.S. § 44-1371). 
Provisions 
1. Restricts a motor vehicle from knowingly being sold or leased in this state if the motor 
vehicle has a mechanism that allows a person who is not the owner of the motor vehicle 
and who is not in possession of the motor vehicle's physical key to remotely shut off the 
motor vehicle without the owner's consent. (Sec. 1) 
2. States that a mechanism includes an emergency stop mechanism, an emergency off 
mechanism or an emergency power off mechanism and does not include a mobile 
application that allows the owner of the motor vehicle to deny access to the motor vehicle 
to another person, including a governmental entity, at any time or an onboard computer 
system that addresses an imminent mechanical critical safety issue. (Sec. 1) 
3. Specifies that an owner includes a lienholder when the use of the mechanism is a term of 
a contract between the lienholder and the owner of the motor vehicle. (Sec. 1) 
  
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note