SENATE BILL NO. 1043

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Daily Data Tracking History



S1043........................................................by TRANSPORTATION
MOTOR VEHICLES - Amends existing law to require additional information on a
motor vehicle release of liability statement upon the owner's sale or transfer
of a motor vehicle to another party; to provide that an owner who files a
release of liability statement shall not be liable for subsequent towing,
storage, repair or service charges; and to provide that it is unlawful for any
person to knowingly file a release of liability statement which contains false
information.
                                                                        
01/29    Senate intro - 1st rdg - to printing
01/30    Rpt prt - to Transp
02/19    Rpt out - rec d/p - to 2nd rdg
02/20    2nd rdg - to 3rd rdg
02/25    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
      Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Calabretta
    Floor Sponsor - Marley
    Title apvd - to House
02/26    House intro - 1st rdg - to Transp
03/13    Rpt out - rec d/p - to 2nd rdg
03/14    2nd rdg - to 3rd rdg
03/17    3rd rdg - PASSED - 66-0-4
      AYES -- Barraclough, Barrett, Bauer, Bedke, Bell, Bieter, Black, Block,
      Boe, Bolz, Bradford, Campbell, Cannon, Clark, Crow, Cuddy, Deal, Denney,
      Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
      Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,
      Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
      Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo,
      Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,
      Skippen, Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wood,
      Mr. Speaker
      NAYS -- None
      Absent and excused -- Andersen, Collins, Smith(30), Wills
    Floor Sponsor - Cannon
    Title apvd - to Senate
03/19    To enrol
03/20    Rpt enrol - Pres signed
03/21    Sp signed
03/24    To Governor
03/27    Governor signed
         Session Law Chapter 153
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1043
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO RELEASE OF LIABILITY UPON SALE OF A MOTOR VEHICLE;  AMENDING  SEC-
  3        TION  49-526,  IDAHO  CODE,  TO  REQUIRE ADDITIONAL INFORMATION ON A MOTOR
  4        VEHICLE RELEASE OF LIABILITY STATEMENT UPON THE OWNER'S SALE  OR  TRANSFER
  5        OF  A  VEHICLE  TO  ANOTHER  PARTY,  TO  PROVIDE THAT AN OWNER WHO FILES A
  6        RELEASE OF LIABILITY STATEMENT SHALL NOT BE LIABLE FOR SUBSEQUENT  TOWING,
  7        STORAGE,  REPAIR OR SERVICE CHARGES AND TO PROVIDE THAT IT IS UNLAWFUL FOR
  8        ANY PERSON TO KNOWINGLY FILE A RELEASE OF LIABILITY STATEMENT  WHICH  CON-
  9        TAINS FALSE INFORMATION.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Section  49-526, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        49-526.  RELEASE OF LIABILITY UPON SALE OF  VEHICLE.  (1)  The  department
 14    shall  require  that a separate release of liability statement be completed by
 15    the owner of a motor vehicle upon sale or transfer of  the  motor  vehicle  to
 16    another  party.  The  statement  shall  be  forwarded to the department by the
 17    former owner, together with the proper fee  as  provided  in  section  49-202,
 18    Idaho Code, within five (5) days of delivery of the motor vehicle to a dealer,
 19    purchaser  or  other transferee. The statement shall include the motor vehicle
 20    identification number, vehicle description, name of seller, name  and  address
 21    of buyer or other transferee, date of sale, odometer reading, and sales price.
 22    Provided that:
 23        (a)  A  lienholder  may complete the release of liability on behalf of the
 24        registered owner when the title is released by the lienholder directly  to
 25        a dealer or new purchaser.
 26        (b)  Motor  vehicle  dealers  licensed  under  chapter 16, title 49, Idaho
 27        Code, are not required to report dealer-to-dealer transfers to the depart-
 28        ment.  However, dealers are required to maintain a record of the  transfer
 29        for audit and tracking purposes.
 30        (2)  Any  former owner who files a release of liability statement with the
 31    department pursuant to this section shall not be liable under section 49-2417,
 32    Idaho Code, nor shall the former owner be liable for any motor vehicle infrac-
 33    tions, towing, storage, repair or service charges that may occur subsequent to
 34    delivery of the vehicle to a dealer, purchaser or other transferee.
 35        (3)  It shall be unlawful for any person to knowingly file or  attempt  to
 36    file a release of liability statement which contains false information.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 12669
     The purpose of this legislation is to change Paragraph 49-
426 to conform with the release of liability statement presently
used as a tear-off part of Idaho Titles; to add the motor vehicle
infractions that the release of liability statement pertains to. 
The proposed legislation would also establish a penalty for any
person to knowingly file or attempt to file a release of
liability statement which contains a false or fictitious name or
address of a purchaser or transferee.

                          FISCAL IMPACT
     There is no fiscal impact to the General Fund.
Contact
Name:     Douglas Gaskell, Executive Director, Id. State
          Independent Auto Dealers Assn. 
          376-9517
          Senator Cecil Ingram, 332-1315


STATEMENT OF PURPOSE/FISCAL NOTE                      S 1043