Adopted by House 3-8-07
SB523 HFA WHITE 3-6 #1AC
Delegate White moves to amend the amendment on page one,
following line one, by striking the following words:
"
ninety-six, section seven, following line twenty-nine, by
inserting the following:
"
If any person willfully fails or refuses to return to the
division the evidences of the registration, title, permit or
license that have been canceled, suspended or revoked, or any
dealer special plates, when obligated so to do as provided in this
section, the commissioner shall immediately notify the
superintendent of the state police who shall, as soon as possible,
secure possession of the evidence of registration, title, permit or
license or any special dealer plates and return it to the division.
The superintendent of the state police shall make a report in
writing to the commissioner, within two weeks after being notified
by the commissioner, as to the result of his or her efforts to
secure the possession and return of the evidences of registration,
title, permit or license, or any dealer special plates.
For each registration, certificate of title, registration
card, registration plate or plates, temporary registration plate or
marker, permit, license certificate or dealer special plate, which
the owner, holder or other person in possession of the
registration, title, permit or license or any special dealer plates shall have willfully failed or refused, as provided in this
section, to return to the division within ten days from the time
that the cancellation, suspension or revocation becomes effective,
and which has been certified to the superintendent of the state
police as specified in this section, the owner or holder shall,
before the registration, title, permit or license or any special
dealer plates may be reinstated, if reinstatement is permitted, in
addition to all other fees and charges, pay a fee of fifteen
dollars, which shall be collected by the division of motor
vehicles, paid into the state treasury and credited to the general
fund to be appropriated to the state police for application in the
enforcement of the road laws.
A total of twenty-five dollars may be collected on each
reinstatement for each vehicle to which any cancellation,
suspension or revocation relates: Provided, That when any motor
vehicle registration is suspended for failure to maintain motor
vehicle liability insurance the reinstatement fee is one hundred
dollars, and if the vehicle owner fails to surrender the vehicle
registration and the orders go to the state police, an additional
fee of fifty dollars shall be required before the motor vehicle
registration may be reinstated. A total of one hundred fifty
dollars may be collected on each reinstatement of any motor vehicle
registration canceled, suspended or revoked for failure to maintain
motor vehicle liability insurance.
" and inserting in lieu thereof the following:
"eighty-six, section ten, line one, by striking the remainder
of section ten and section seven in its entirety and inserting in
lieu thereof the following:
"
(a) In the event a motor vehicle is determined to be a total
loss or otherwise designated as "totaled" by any insurance company
or insurer, and upon payment of an agreed price as a claim
settlement a total loss claim to any insured or claimant owner for
the purchase of the vehicle, the insurance company or the insurer,
as a condition of the payment, shall receive require the owner to
surrender the certificate of title: and the vehicle except that
Provided, That an insured or claimant owner may choose to retain
physical possession and ownership of a cosmetically damaged total
loss vehicle. If the vehicle owner chooses to retain the vehicle
and the vehicle has not been determined to be a cosmetic total loss
in accordance with subsection (d) of this section, the insurance
company or insurer shall also require the owner to surrender the
vehicle registration certificate. as provided in subdivision (2)
of this subsection. The term "total loss" means a motor vehicle
which has sustained damages equivalent to seventy-five percent or
more of the market value as determined by a nationally accepted
used car value guide or meets the definition of a flood-damaged
vehicle as defined in this section.
(b) The insurance company or insurer shall, within ten days prior to the payment of the total loss claim, determine if the
vehicle is repairable, cosmetically damaged or nonrepairable.
Within ten days of payment of the total loss claim, the insurance
company or insurer shall and surrender the certificate of title,
and a copy of the claim settlement, a completed application on a
form prescribed by the commissioner and the registration
certificate if the owner has chosen to keep the vehicle to the
Department of Motor Vehicles.
(c) If the insurance company or insurer determines that the
vehicle is repairable, the division shall issue a "salvage
certificate", on a form prescribed by the commissioner, in the name
of the insurance company or the insurer or the vehicle owner if the
owner has chosen to retain the vehicle. The certificate shall
contain on the reverse thereof spaces for one successive assignment
before a new certificate at an additional fee is required. (1)
Upon the sale of the vehicle, the insurance company or insurer or
the vehicle owner if the owner has chosen to retain the vehicle
shall endorse complete the assignment of ownership on the salvage
certificate and deliver it to the purchaser. The vehicle shall not
be titled or registered for operation on the streets or highways of
this state unless there is compliance with subsection (c) (g) of
this section. The division shall charge a fee of fifteen dollars
for each salvage title issued.
(2) (d) If the insurance company or insurer determines the damage to a totaled vehicle is exclusively cosmetic and no repair
is necessary in order to legally and safely operate the motor
vehicle on the roads and highways of this state, the insurance
company or insurer shall upon payment of the claim settlement
submit the certificate of title to the division. Neither the
insurance company nor the division may require the vehicle owner to
surrender the registration certificate in the event of a cosmetic
total loss settlement.
(A) (1) The division shall, without further inspection, issue
a title branded "cosmetic total loss" to the insured or claimant
owner if the insured or claimant owner wishes to retain possession
of the vehicle, in lieu of a "salvage certificate". The division
shall charge A a fee of five dollars shall be charged for each
"cosmetic total loss" title issued. The terms "cosmetically
damaged" and "cosmetic total loss" do not include any vehicle which
has been damaged by flood or fire. The designation "cosmetic total
loss" on a title cannot may not be changed removed.
(B) (2) If the insured or claimant owner elects not to take
possession of the vehicle and the insurance company or insurer
retains possession, the division shall issue a cosmetic total loss
salvage certificate to the insurance company or insurer. The
division shall charge a fee of fifteen dollars for each cosmetic
total loss salvage certificate issued. The division shall, upon
surrender of the cosmetic total loss salvage certificate issued under the provisions of this paragraph and payment of the five
percent privilege tax on the fair market value of the vehicle as
determined by the commissioner, issue a title branded "cosmetic
total loss" without further inspection.
(3) (e) If the insurance company or insurer determines that
the damage to a totaled vehicle renders it nonrepairable, incapable
of safe operation for use on roads and highways and which has no
resale value except as a source of parts or scrap, the insurance
company or vehicle owner shall, in the manner prescribed by the
commissioner, request that the division issue a nonrepairable motor
vehicle certificate in lieu of a salvage certificate. The division
shall issue a nonrepairable motor vehicle certificate without
charge.
(b) (f) Any owner who scraps, compresses, dismantles or
destroys a vehicle for which a certificate of title, nonrepairable
motor vehicle certificate or salvage certificate has been issued
shall, within twenty days, surrender the certificate of title,
nonrepairable motor vehicle certificate or salvage certificate to
the division for cancellation. Any person who purchases or
acquires a vehicle as salvage or scrap, to be dismantled,
compressed or destroyed, shall within twenty days surrender the
certificate to the division.
(c) (g) If the motor vehicle is a "reconstructed vehicle" as
defined in this section or section one, article one of this chapter, it may not be titled or registered for operation until it
has been inspected by an official state inspection station and by
a representative of the Division of Motor Vehicles. who has been
designated by the commissioner as an investigator Following an
approved inspection, an application for a new certificate of title
may be submitted to the division; however, the applicant shall be
required to retain all receipts for component parts, equipment and
materials used in the reconstruction. The salvage certificate must
shall also be surrendered to the division before a certificate of
title may be issued with the appropriate brand.
(d) (h) The owner or title holder of any motor vehicle titled
in this state which has previously been branded in this state or
another state as "salvage", "reconstructed", "cosmetic total loss",
"cosmetic total loss salvage", "flood" or "fire" or an equivalent
term under another state's laws shall, upon becoming aware of the
brand, apply for and receive a title from the Division of Motor
Vehicles on which the brand "reconstructed", "salvage", "cosmetic
total loss", "cosmetic total loss salvage", "flood" or "fire" is
shown. A The division shall charge a fee of five dollars will be
charged for each title so issued.
(e) (i) If application is made for title to a motor vehicle,
the title to which has previously been branded "reconstructed",
"salvage", "cosmetic total loss", "cosmetic total loss salvage",
"flood" or "fire" by the Division of Motor Vehicles under this section and said application is accompanied by a title from another
state which does not carry the brand, the division shall, before
issuing the title, affix the brand "reconstructed", "cosmetic total
loss", "cosmetic total loss salvage", "flood" or "fire" to the
title. The privilege tax paid on a motor vehicle titled as
"reconstructed", "cosmetic total loss", "flood" or "fire" under the
provisions of this section shall be based on fifty percent of the
fair market value of the vehicle as determined by a nationally
accepted used car value guide to be used by the commissioner.
(f) (j) The division shall charge a fee of fifteen dollars for
the issuance of each salvage certificate or cosmetic total loss
salvage certificate but shall not require the payment of the five
percent privilege tax. However, upon application for a certificate
of title for a reconstructed, cosmetic total loss, flood or fire
damaged vehicle, the division shall collect the five percent
privilege tax on the fair market value of the vehicle as determined
by the commissioner unless the applicant is otherwise exempt from
the payment of such privilege tax. A wrecker/dismantler/rebuilder
licensed by the division is exempt from the payment of the five
percent privilege tax upon titling a reconstructed vehicle. The
division shall collect a fee of thirty-five dollars per vehicle for
inspections of reconstructed vehicles. These fees shall be
deposited in a special fund created in the State Treasurer's office
and may be expended by the division to carry out the provisions of this article: Provided, That on and after the first day of July,
two thousand seven, any balance in the special fund and all fees
collected pursuant to this section shall be deposited in the State
Road Fund. Licensed wreckers/dismantlers/rebuilders may charge a
fee not to exceed twenty-five dollars for all vehicles owned by
private rebuilders which are inspected at the place of business of
a wrecker/dismantler/rebuilder.
(k) As used in this section:
(1) "Reconstructed vehicle" means the vehicle was totaled
under the provisions of this section or by the provisions of
another state or jurisdiction and has been rebuilt in accordance
with the provisions of this section or in accordance with the
provisions of another state or jurisdiction or meets the provisions
of subsection (m), section one, article one of this chapter.
(2) "Flood-damaged vehicle" means that the vehicle was
submerged in water to the extent that water entered the passenger
or trunk compartment.
(l) Every vehicle owner shall comply with the branding
requirements for a totaled vehicle whether or not the owner
receives an insurance claim settlement for a totaled vehicle.
(g) (m) A certificate of title issued by the division for a
reconstructed vehicle shall contain markings in bold print on the
face of the title that it is for a reconstructed, flood- or fire-
damaged vehicle.
(n) Any person who knowingly provides false or fraudulent
information to the division that is required by this section in an
application for a title, a cosmetic total loss title, a
reconstructed vehicle title or a salvage certificate
or who
knowingly fails to disclose to the division information required by
this section to be included in the application
or who otherwise
violates the provisions of this section shall be guilty of a
misdemeanor and, upon conviction thereof, shall for each incident
be fined not less than five hundred dollars nor more than one
thousand dollars nor more than two thousand five hundred dollars,
or imprisoned in the county jail for not more than one year, or
both fined and imprisoned.
ARTICLE 9. OFFENSES AGAINST REGISTRATION LAWS AND SUSPENSION OR
REVOCATION OF REGISTRATION.
§17A-9-7. Surrender of evidence of registration, etc., upon
cancellation, suspension or revocation; willful failure or
refusal to surrender; fee for reinstatement.
(a) Whenever the registration of a vehicle, a certificate of
title, a registration card, registration plate or plates, a
temporary registration plate or marker, the right to issue
temporary registration plates or markers, any nonresident or other
permit or any license certificate or dealer special plates issued
under the provisions of article six of this chapter is canceled,
suspended or revoked as authorized in this chapter, the owner, holder or other person in possession of the evidences of the
registration, title, permit or license or any special dealer plates
shall, except as otherwise provided in article six of this chapter,
immediately return the evidences of the registration, title, permit
or license that was canceled, suspended or revoked, together with
any dealer special plates relating to any license certificate, or
any dealer special plate or plates if only the dealer special plate
is suspended, to the division: Provided, That the owner or holder
shall, before reinstatement, pay a fee of ten dollars in addition
to all other fees, which shall be collected by the division and
credited to a special revolving fund in the State Treasury to be
appropriated to the division for use in enforcement of the
provisions of this code: Provided, however, That on and after the
first day of July, two thousand seven, any balance in the special
revolving fund and all fees collected pursuant to this section
shall be deposited in the Motor Vehicle Fees Fund created in
section twenty-one, article two of this chapter.
(b) If any person willfully fails or refuses to return to the
division the evidences of the registration, title, permit or
license that have been canceled, suspended or revoked, or any
dealer special plates, when obligated so to do as provided in this
section, the commissioner shall immediately notify the
Superintendent of the State Police who shall, as soon as possible,
secure possession of the evidence of registration, title, permit or license or any special dealer plates and return it to the division.
The Superintendent of the State Police shall make a report in
writing to the commissioner, within two weeks after being notified
by the commissioner, as to the result of his or her efforts to
secure the possession and return of the evidences of registration,
title, permit or license, or any dealer special plates.
(c) If any commercial motor carrier willfully fails or refuses
to return to the division the evidences of the registration that
have been suspended or revoked as provided in this section, the
commissioner shall immediately notify the Public Service Commission
which shall, as soon as possible, secure possession of the evidence
of registration and return it to the division. The Public Service
Commission shall make a report in writing to the commissioner,
within two weeks after being notified by the commissioner, as to
the result of its efforts to secure the possession and return of
the evidences of registration.
(d) For each registration, certificate of title, registration
card, registration plate or plates, temporary registration plate or
marker, permit, license certificate or dealer special plate, which
the owner, holder or other person in possession of the
registration, title, permit or license or any special dealer plates
shall have willfully failed or refused, as provided in this
section, to return to the division within ten days from the time
that the cancellation, suspension or revocation becomes effective, and which has been certified to the Superintendent of the State
Police as specified in this section, the owner or holder shall,
before the registration, title, permit or license or any special
dealer plates may be reinstated, if reinstatement is permitted, in
addition to all other fees and charges, pay a fee of fifteen
dollars, which shall be collected by the Division of Motor
Vehicles, paid into the State Treasury and credited to the General
Fund to be appropriated to the State Police for application in the
enforcement of the road laws.
A total of twenty-five dollars may be collected on each
reinstatement for each vehicle to which any cancellation,
suspension or revocation relates. Provided, That
(e) When any motor vehicle registration is suspended for
failure to maintain motor vehicle liability insurance the
reinstatement fee is one hundred dollars, and if the vehicle owner
fails to surrender the vehicle registration and the orders go to
the State Police, an additional fee of fifty dollars shall be
required before the motor vehicle registration may be reinstated.
A total of one hundred fifty dollars may be collected on each
reinstatement of any motor vehicle registration canceled, suspended
or revoked for failure to maintain motor vehicle liability
insurance.
"