SENATE CONCURRENT RESOLUTION NO. 76
(By Senators Unger, Jenkins, Deem, Facemyer, Fanning, Love and
White)
[Originating in the Committee on Transportation and
Infrastructure]
Requesting the Joint Committee on Government and Finance study the
titling and branding of vehicles which have sustained damage
to an extent that the vehicles have significant costs in
repairs or have sustained damages that result in significant
reductions in value.
Whereas, There are current laws that require vehicles to be
declared total losses if damages exceed seventy-five percent or
more of the vehicles' market value; and
Whereas, The cost of vehicle repairs generally is increasing;
and
Whereas, The number of air bags installed in vehicles is
increasing and, consequently, the cost to replace these air bags is
increasing as well. This increased cost of air bag replacement is
causing more damaged vehicles to exceed the seventy-five percent
threshold, resulting in vehicles being declared totaled that would
otherwise be repairable. Insurance companies are then required to
acquire the vehicle, thus depriving the vehicle owner of use; and
Whereas, The purchase of gap insurance may alleviate some of
the hardship experienced by the owners of vehicles that have been
totaled; and
Whereas, Recent natural disasters have resulted in the
addition of thousands of water- and storm-damaged vehicles to the
vehicle market; and
Whereas, Current law does not provide definitions for affixing
designating brands on vehicles that have been damaged by flood,
storm or fire for the protection of a subsequent owner; and
Whereas, Previous insurance claim information for subsequent
purchasers of vehicles that may have undisclosed damage is limited;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the titling and branding of vehicles which have
sustained damage to an extent that the vehicles have significant
costs in repairs or have sustained damages that result in
significant reductions in value; and, be it
Further Resolved, That the Joint Committee on Government and
Finance review, examine and study all aspects of the issue of the
increase in repair costs of vehicles which have sustained damage;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance review and recommend improvements in the current process of determining total loss, determining previous damage to vehicles
that have not been disclosed and the appropriate branding of titles
to vehicles that have sustained substantial damage; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2007, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.