SENATE BILL NO. 1043
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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
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,
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
|||| 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
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.
There is no fiscal impact to the General Fund.
Name: Douglas Gaskell, Executive Director, Id. State
Independent Auto Dealers Assn.
Senator Cecil Ingram, 332-1315
STATEMENT OF PURPOSE/FISCAL NOTE S 1043