2001 Legislation
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HOUSE BILL NO. 265 – MV sale, no title

HOUSE BILL NO. 265

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Daily Data Tracking History



H0265.........................................by TRANSPORTATION AND DEFENSE
MOTOR VEHICLE SALES - TITLES - Adds to existing law to provide for transfer
or sale of certain motor vehicles without a certificate of title.
                                                                        
02/15    House intro - 1st rdg - to printing
02/16    Rpt prt - to Transp

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 265
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MOTOR VEHICLE TITLES; AMENDING CHAPTER 5, TITLE 49, IDAHO CODE, BY
  3        THE ADDITION OF A NEW SECTION 49-522A, IDAHO CODE, TO PROVIDE FOR DISPOSAL
  4        OF A VEHICLE WITHOUT A CERTIFICATE OF TITLE.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Chapter 5, Title 49, Idaho Code,  be,  and  the  same  is
  7    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  8    ignated as Section 49-522A, Idaho Code, and to read as follows:
                                                                        
  9        49-522A.  DISPOSAL OF A VEHICLE WITHOUT A CERTIFICATE OF  TITLE.  (1)  The
 10    owner  of  any  vehicle, or a duly authorized agent of the owner, who sells or
 11    transfers a motor vehicle to a junkyard or salvage dealer with  the  intention
 12    or  understanding that the vehicle is not to be used as an operating unit, may
 13    dispose of the vehicle without presenting the certificate  of  title  for  the
 14    vehicle,  but  such sale or transfer shall only be made in accordance with the
 15    provisions of this section.
 16        (2)  The owner of the vehicle or agent of the owner shall attest in  writ-
 17    ing  on  a  form provided by the junkyard or salvage dealer, or on a form pro-
 18    vided by the Idaho transportation department, that:
 19        (a)  He is the legal owner of the vehicle or the duly authorized agent  of
 20        the owner;
 21        (b)  A certificate of title is not available for transfer of the vehicle;
 22        (c)  There are no liens or encumbrances perfected on the vehicle;
 23        (d)  The  dealer  who  is  accepting possession of the vehicle is doing so
 24        voluntarily, that the dealer understands the vehicle is not to  be  resold
 25        as  an  operating  unit  for  use on the highways, and that the dealer has
 26        prior knowledge that there will be no certificate of title involved in the
 27        transaction; and
 28        (e)  The information provided is correct, and  that  any  false  statement
 29        will subject the owner or agent of the owner to criminal penalties.
 30        (3)  No  junkyard  or  salvage  dealer  shall take possession of a vehicle
 31    under the provisions of this section without first obtaining from the owner of
 32    the vehicle or the agent of the owner:
 33        (a)  A copy of the owner or  agent's  current  and  valid  Idaho  driver's
 34        license; and
 35        (b)  A  fingerprint  impression using a standard police form used for fin-
 36        gerprint purposes, which shall be signed and dated by the owner  or  agent
 37        of the owner.
 38        (4)  It shall be the duty of the junkyard or salvage dealer who takes pos-
 39    session  of  any vehicle under the provisions of this section to retain in his
 40    files copies of the forms and information required herein from  the  owner  of
 41    the vehicle or his agent, for a period of at least three (3) years.
 42        (5)  It  shall  be a misdemeanor punishable as provided in section 49-236,
 43    Idaho Code, for an owner of a vehicle or the agent of the owner to falsify any
                                                                        
                                           2
                                                                        
  1    of the information required in this section for the disposal of a motor  vehi-
  2    cle without a certificate of title.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                             RS 11114
                                 
Current law has a requirement that a title must be provided with
a vehicle when it is turned into a scrap yard for recycling. This
is different from a dismantler who sells parts of cars that are
wrecked or disabled.

Current law provides for a few exceptions, such as abandoned
vehicles which are not redeemed by the owner, are held by the
towing company as required by law and sold for scrap. A form is
provided that gives a description of the vehicle and is signed by
a Law Enforcement Officer per law, releasing such vehicle.

When a vehicle becomes inoperable and may have been allowed to
sit for many years, a title may not be readily available. When
someone is selling such a vehicle for scrap-approximately $15.00
to $20.00-they don t bother to pay for a duplicate title. Some
people will drop a vehicle at the gate of the scrap yard just to
get rid of it, and never include a title. This Legislation will
provide a trail of responsibility for legal purposes much greater
than is currently available. This will relieve the Department of
Transportation of the handling of some paper work and put the
responsibility of maintaining these records on the scrap dealer.




                          FISCAL IMPACT
                                 
Minimal to the State to prepare required form, estimated less
than $2000.











Contact
     Name: Robert E. Schaefer
     Phone:
     332 1156

STATEMENT OF PURPOSE/FISCAL NOTE                   H 26