Bill Text: IA SSB1139 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to record retention and reporting by licensed vehicle recyclers, demolishers, salvage and junk yards, and the department of transportation’s authorized data consolidator, establishing fees, and providing penalties.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-02-21 - Subcommittee: Smith, Brown, and Lykam. [SSB1139 Detail]
Download: Iowa-2017-SSB1139-Introduced.html
Senate
Study
Bill
1139
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
KAPUCIAN)
A
BILL
FOR
An
Act
relating
to
record
retention
and
reporting
by
licensed
1
vehicle
recyclers,
demolishers,
salvage
and
junk
yards,
2
and
the
department
of
transportation’s
authorized
data
3
consolidator,
establishing
fees,
and
providing
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
321.1,
Code
2017,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
5A.
“Authorized
data
consolidator”
means
3
the
third
party
approved
by
the
United
States
department
of
4
justice
to
act
as
a
third
party
data
consolidator
for
the
5
national
motor
vehicle
title
information
system
that
has
6
contracted
with
the
department
to
act
as
the
department’s
7
authorized
data
consolidator
for
the
administration
of
section
8
321.52B.
9
NEW
SUBSECTION
.
44A.
“National
motor
vehicle
title
10
information
system”
means
as
defined
in
section
321H.2.
11
Sec.
2.
Section
321.45,
subsection
2,
paragraph
a,
12
subparagraph
(5),
Code
2017,
is
amended
to
read
as
follows:
13
(5)
The
vehicle
is
disposed
of
pursuant
to
section
321.52,
14
subsection
2
,
paragraph
“b”
,
subparagraph
(2)
.
15
Sec.
3.
Section
321.52,
subsection
2,
paragraph
a,
Code
16
2017,
is
amended
to
read
as
follows:
17
a.
The
Except
as
provided
in
paragraph
“b”
,
the
purchaser
18
or
transferee
of
a
motor
vehicle
subject
to
registration
19
for
which
a
certificate
of
title
is
issued
which
is
sold
20
for
scrap
or
junk
shall
surrender
the
certificate
of
title,
21
properly
endorsed
and
signed
by
the
previous
owner,
to
the
22
county
treasurer
of
the
county
of
residence
of
the
transferee,
23
and
shall
apply
for
a
junking
certificate
from
the
county
24
treasurer,
within
thirty
days
after
assignment
of
the
25
certificate
of
title
,
except
when
the
vehicle
is
disposed
of
26
pursuant
to
paragraph
“b”
.
The
county
treasurer
shall
issue
27
to
such
person
without
fee
a
junking
certificate.
A
junking
28
certificate
shall
authorize
the
holder
to
possess,
transport,
29
or
transfer
by
endorsement
the
ownership
of
the
junked
vehicle.
30
A
certificate
of
title
shall
not
again
be
issued
for
the
31
vehicle
subsequent
to
the
issuance
of
a
junking
certificate
32
except
as
provided
in
subsection
3
.
The
county
treasurer
shall
33
cancel
the
record
of
the
vehicle.
The
junking
certificate
34
shall
be
printed
on
the
registration
receipt
form
and
shall
be
35
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_____
imprinted
with
the
words
“junking
certificate”,
as
prescribed
1
by
the
department.
A
space
for
transfer
by
endorsement
2
shall
be
on
the
junking
certificate.
A
separate
form
for
the
3
notation
of
the
transfer
of
component
parts
shall
be
attached
4
to
the
junking
certificate
when
the
certificate
is
issued.
5
Sec.
4.
Section
321.52,
subsection
2,
paragraph
b,
Code
6
2017,
is
amended
by
striking
the
paragraph
and
inserting
in
7
lieu
thereof
the
following:
8
b.
(1)
If
a
motor
vehicle
with
a
salvage
certificate
of
9
title,
rebuilt
certificate
of
title,
or
junking
certificate
is
10
sold
for
scrap
or
junk
to
a
vehicle
recycler
licensed
under
11
chapter
321H,
the
vehicle
recycler
shall
obtain
the
vehicle’s
12
certificate
of
title
or
junking
certificate,
properly
endorsed
13
and
signed
by
the
previous
owner,
and
the
seller’s
unique
14
number
issued
to
the
seller
through
the
national
motor
vehicle
15
title
information
system,
or
if
the
seller
has
not
been
issued
16
such
a
number,
a
copy
of
the
seller’s
driver’s
license
or
17
nonoperator’s
identification
card,
and
within
two
business
days
18
shall
report
the
purchase
of
the
vehicle
to
the
authorized
data
19
consolidator.
20
(2)
If
a
motor
vehicle
without
a
certificate
of
title
or
21
junking
certificate
is
sold
for
scrap
or
junk
to
a
vehicle
22
recycler
licensed
under
chapter
321H,
and
the
vehicle
is
23
twelve
model
years
old
or
older
and
is
acquired
by
the
vehicle
24
recycler
for
reasonable
consideration
equaling
less
than
25
one
thousand
dollars,
the
vehicle
recycler
and
the
seller
26
shall
complete
a
derelict
affidavit
form
created
by
the
27
department.
The
vehicle
recycler
shall
retain
the
form
along
28
with
the
seller’s
unique
number
issued
to
the
seller
through
29
the
national
motor
vehicle
title
information
system,
or
if
30
the
seller
has
not
been
issued
such
a
number,
a
copy
of
the
31
seller’s
driver’s
license
or
nonoperator’s
identification
card,
32
and
within
two
business
days
shall
report
the
purchase
of
the
33
vehicle
to
the
authorized
data
consolidator.
34
(3)
When
the
department
receives
information
through
the
35
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authorized
data
consolidator
that
a
motor
vehicle
has
been
1
purchased
by
a
vehicle
recycler
in
a
manner
described
in
this
2
paragraph
“b”
,
the
department
shall
designate
the
electronic
3
record
of
the
vehicle’s
certificate
of
title
as
“JUNKED”
and
4
shall
cancel
the
record
of
the
vehicle.
A
certificate
of
title
5
shall
not
again
be
issued
for
the
vehicle
subsequent
to
the
6
department
designating
the
vehicle
as
“JUNKED”
and
cancelling
7
the
record
of
the
vehicle.
8
Sec.
5.
Section
321.52,
subsection
4,
paragraph
a,
Code
9
2017,
is
amended
to
read
as
follows:
10
a.
A
vehicle
rebuilder
or
a
person
engaged
in
the
business
11
of
buying,
selling,
or
exchanging
vehicles
of
a
type
required
12
to
be
registered
in
this
state,
upon
acquisition
of
a
wrecked
13
or
salvage
vehicle,
shall
surrender
the
certificate
of
14
title
or
manufacturer’s
or
importer’s
statement
of
origin
15
properly
assigned,
together
with
an
application
for
a
salvage
16
certificate
of
title,
to
the
county
treasurer
of
the
county
of
17
residence
of
the
purchaser
or
transferee
within
thirty
days
18
after
the
date
of
assignment
of
the
certificate
of
title
for
19
the
wrecked
or
salvage
motor
vehicle.
If
the
vehicle
rebuilder
20
or
person
acquiring
the
vehicle
is
subject
to
the
requirements
21
of
28
C.F.R.
§25.56,
the
vehicle
rebuilder
or
person
shall
22
obtain
the
seller’s
unique
number
issued
to
the
seller
through
23
the
national
motor
vehicle
title
information
system,
or
if
24
the
seller
has
not
been
issued
such
a
number,
a
copy
of
the
25
seller’s
driver’s
license
or
nonoperator’s
identification
card,
26
and
within
two
business
days
shall
report
the
purchase
of
the
27
vehicle
to
the
authorized
data
consolidator.
This
subsection
28
applies
only
to
vehicles
with
a
fair
market
value
of
five
29
hundred
dollars
or
more,
based
on
the
value
before
the
vehicle
30
became
wrecked
or
salvage.
Upon
payment
of
a
fee
of
ten
31
dollars,
the
county
treasurer
shall
issue
a
salvage
certificate
32
of
title
which
shall
bear
the
word
“SALVAGE”
stamped
or
33
printed
on
the
face
of
the
title
in
a
manner
prescribed
by
the
34
department.
A
salvage
certificate
of
title
may
be
assigned
35
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to
an
educational
institution,
a
new
motor
vehicle
dealer
1
licensed
under
chapter
322
,
a
person
engaged
in
the
business
2
of
purchasing
bodies,
parts
of
bodies,
frames
or
component
3
parts
of
vehicles
for
sale
as
scrap
metal,
a
salvage
pool,
or
4
an
authorized
vehicle
recycler
licensed
under
chapter
321H
.
An
5
authorized
vehicle
recycler
licensed
under
chapter
321H
or
a
6
new
motor
vehicle
dealer
licensed
under
chapter
322
may
assign
7
or
reassign
an
Iowa
salvage
certificate
of
title
or
a
salvage
8
certificate
of
title
from
another
state
to
any
person,
and
the
9
provisions
of
section
321.24,
subsection
5
,
requiring
issuance
10
of
an
Iowa
salvage
certificate
of
title
shall
not
apply.
A
11
vehicle
on
which
ownership
has
transferred
to
an
insurer
of
12
the
vehicle
as
a
result
of
a
settlement
with
the
owner
of
the
13
vehicle
arising
out
of
damage
to,
or
unrecovered
theft
of,
the
14
vehicle
shall
be
deemed
to
be
a
wrecked
or
salvage
vehicle
15
and
the
insurer
shall
comply
with
this
subsection
to
obtain
a
16
salvage
certificate
of
title
within
thirty
days
after
the
date
17
of
assignment
of
the
certificate
of
title
of
the
vehicle.
18
Sec.
6.
NEW
SECTION
.
321.52B
Authorized
data
consolidator
19
——
record
retention
——
national
motor
vehicle
title
information
20
system.
21
1.
The
department
shall
contract
with
a
third
party
to
22
act
as
the
department’s
authorized
data
consolidator
for
the
23
administration
of
this
section.
The
department
shall
follow
24
the
competitive
bidding
procedures
as
provided
in
chapter
25
8A,
subchapter
III.
The
third
party
shall
be
approved
by
26
the
United
States
department
of
justice
to
act
as
a
third
27
party
data
consolidator
for
the
national
motor
vehicle
28
title
information
system.
The
third
party
may
charge
a
fee
29
for
any
service
provided
pursuant
to
this
section
to
any
30
nongovernmental
entity
or
person
not
seeking
such
services
on
31
behalf
of
a
governmental
entity.
32
2.
A
person
subject
to
the
requirements
of
28
C.F.R.
§25.56
33
that
sells
a
motor
vehicle
with
a
salvage
certificate
of
title
34
or
junking
certificate
shall
retain
for
three
years
after
35
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_____
the
sale
of
the
vehicle
an
electronic
record
of
all
of
the
1
following:
2
a.
The
vehicle’s
make,
model,
model
year,
vehicle
3
identification
number,
and,
if
available,
current
odometer
4
reading.
5
b.
The
name
and
address
of
the
purchaser.
6
c.
The
purchaser’s
unique
number
issued
to
the
purchaser
7
through
the
national
motor
vehicle
title
information
system,
8
or
if
the
purchaser
has
not
been
issued
such
a
number,
the
9
purchaser’s
driver’s
license
or
nonoperator’s
identification
10
card
number.
11
3.
A
person
required
to
retain
information
under
subsection
12
2
shall
report
the
information
retained
to
the
authorized
data
13
consolidator
within
seven
business
days
after
the
date
on
which
14
the
sale
of
the
vehicle
occurred.
15
4.
Within
two
business
days
after
the
date
on
which
the
16
authorized
data
consolidator
receives
information
pursuant
to
17
subsection
3
or
section
321.52
or
321H.4A,
the
authorized
data
18
consolidator
shall
report
the
information
to
the
department
19
and
to
the
national
motor
vehicle
title
information
system.
20
The
authorized
data
consolidator
shall
also
verify
whether
the
21
vehicle
purchased
or
sold
is
designated
as
an
active
stolen
22
vehicle
in
the
federal
bureau
of
investigation’s
national
crime
23
information
center
database.
If
the
vehicle
is
so
designated,
24
the
authorized
data
consolidator
shall
notify
the
department
25
and
the
person
or
entity
who
submitted
the
information
relating
26
to
the
purchase
or
sale
of
the
vehicle.
27
5.
a.
Except
as
provided
in
this
section,
the
authorized
28
data
consolidator
shall
not
release
or
make
available
any
29
personal
information
received
under
this
section,
including
but
30
not
limited
to
a
person’s
name,
address,
and
driver’s
license
31
or
nonoperator’s
identification
card
number.
32
b.
The
authorized
data
consolidator
shall
make
any
33
information
received
under
this
section
available
to
the
34
department
or
any
law
enforcement
agency
without
cost
and
upon
35
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_____
request,
provided
the
person
requesting
the
information
on
1
behalf
of
the
department
or
a
law
enforcement
agency
is
acting
2
within
the
scope
of
the
person’s
duties.
3
c.
The
authorized
data
consolidator
shall
make
available
4
the
make,
model,
model
year,
vehicle
identification
number,
5
and,
if
available,
current
odometer
reading
of
any
vehicle
to
6
a
person
or
entity
approved
by
the
department
to
receive
such
7
information
from
the
authorized
data
consolidator.
8
6.
The
authorized
data
consolidator
shall
retain
for
five
9
years
all
of
the
following
information
about
the
sale
or
10
purchase
of
a
motor
vehicle:
11
a.
A
copy
of
the
vehicle’s
certificate
of
title,
junking
12
certificate,
or
derelict
affidavit
form,
as
applicable.
13
b.
The
vehicle’s
make,
model,
model
year,
vehicle
14
identification
number,
and,
if
available,
current
odometer
15
reading.
16
c.
The
name
and
address
of
the
purchaser
and
the
seller.
17
d.
The
purchaser’s
and
seller’s
unique
numbers
issued
to
18
the
purchaser
and
seller
through
the
national
motor
vehicle
19
title
information
system,
or
if
the
purchaser
or
seller
has
not
20
been
issued
such
a
number,
the
purchaser’s
or
seller’s
driver’s
21
license
or
nonoperator’s
identification
card
number.
22
7.
The
department
shall
impose
a
civil
penalty
in
the
amount
23
of
one
thousand
dollars
per
transaction
on
a
person
or
on
the
24
authorized
data
consolidator
for
a
violation
of
this
section.
25
Sec.
7.
Section
321.67,
Code
2017,
is
amended
to
read
as
26
follows:
27
321.67
Certificate
of
title
must
be
executed.
28
1.
No
person,
except
as
provided
in
sections
321.23
29
and
321.45
,
and
section
321.52,
subsection
2
,
paragraph
30
“b”
,
subparagraph
(2),
shall
sell
or
otherwise
dispose
of
a
31
registered
vehicle
or
a
vehicle
subject
to
registration
without
32
delivering
to
the
purchaser
or
transferee
thereof
a
certificate
33
of
title
with
such
assignment
thereon
as
may
be
necessary
to
34
show
title
in
the
purchaser.
35
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2.
No
person
shall
purchase
or
otherwise
acquire
or
bring
1
into
this
state
a
registered
vehicle
or
a
vehicle
subject
to
2
registration
without
obtaining
a
certificate
of
title
thereto
3
except
for
temporary
use
or
as
provided
in
sections
321.23
4
and
321.45
,
and
section
321.52,
subsection
2
,
paragraph
“b”
,
5
subparagraph
(2)
.
6
Sec.
8.
Section
321.89,
subsection
4,
paragraph
a,
Code
7
2017,
is
amended
to
read
as
follows:
8
a.
If
an
abandoned
vehicle
has
not
been
reclaimed
as
9
provided
for
in
subsection
3
,
the
police
authority
or
private
10
entity
shall
make
a
determination
as
to
whether
or
not
the
11
vehicle
shall
be
sold
for
use
upon
the
highways.
If
the
12
vehicle
is
not
sold
for
use
upon
the
highways,
it
shall
be
13
sold
for
junk,
or
demolished
and
sold
as
scrap.
The
police
14
authority
or
private
entity
shall
sell
the
vehicle
at
public
15
auction.
Notwithstanding
any
other
provision
of
this
section
,
16
a
police
authority
or
private
entity
may
dispose
of
the
17
vehicle
to
a
demolisher
for
junk
without
public
auction
after
18
complying
with
the
notification
procedures
in
subsection
3
.
19
The
purchaser
of
the
vehicle
takes
title
free
and
clear
of
all
20
liens
and
claims
of
ownership,
shall
receive
a
sales
receipt
21
from
the
police
authority
or
private
entity,
and
is
entitled
22
to
register
the
vehicle
and
receive
a
certificate
of
title
if
23
sold
for
use
upon
the
highways.
If
the
vehicle
is
sold
or
24
disposed
of
to
a
demolisher
for
junk,
the
demolisher
shall
make
25
application
for
a
junking
certificate
to
the
county
treasurer
26
within
thirty
days
of
purchase
or
follow
the
procedures
set
27
forth
in
section
321.52,
subsection
2,
paragraph
“b”
,
and
shall
28
surrender
the
sales
receipt
in
lieu
of
the
certificate
of
29
title.
30
Sec.
9.
Section
321.90,
subsection
3,
Code
2017,
is
amended
31
to
read
as
follows:
32
3.
Duties
of
demolishers.
33
a.
Any
demolisher
who
purchases
or
otherwise
acquires
an
34
abandoned
motor
vehicle
for
junk
under
the
provisions
of
this
35
-7-
LSB
2241XC
(5)
87
ns/nh
7/
13
S.F.
_____
section
shall
junk,
scrap,
wreck,
dismantle,
or
demolish
such
1
motor
vehicle.
A
demolisher
shall
not
junk,
scrap,
wreck,
2
dismantle,
or
demolish
a
vehicle
until
the
demolisher
has
3
obtained
the
junking
certificate
issued
for
the
vehicle
or
has
4
followed
the
procedures
set
forth
in
section
321.52,
subsection
5
2,
paragraph
“b”
.
6
b.
A
demolisher
shall
keep
an
accurate
and
complete
record
7
of
all
motor
vehicles
purchased
or
received
by
the
demolisher
8
in
the
course
of
the
demolisher’s
business.
These
records
9
shall
contain
the
name
and
address
of
the
person
from
whom
10
each
motor
vehicle
was
purchased
or
received
and
the
date
when
11
the
purchases
or
receipts
occurred.
The
records
shall
be
open
12
for
inspection
by
any
police
authority
at
any
time
during
13
normal
business
hours.
Any
record
required
by
this
section
14
shall
be
kept
by
the
demolisher
for
at
least
one
year
after
15
the
transaction
to
which
it
applies
comply
with
the
record
16
retention
and
reporting
requirements
applicable
to
licensed
17
vehicle
recyclers
set
forth
in
sections
321.52,
321.52B,
and
18
321H.4A
.
19
Sec.
10.
Section
321.104,
subsection
4,
Code
2017,
is
20
amended
to
read
as
follows:
21
4.
To
sell,
offer
for
sale,
or
transfer
a
motor
vehicle,
22
trailer,
or
semitrailer,
except
as
provided
in
section
321.47
23
or
321.48
,
or
section
321.52,
subsection
2
,
paragraph
“b”
,
24
subparagraph
(2),
without
obtaining
a
certificate
of
title
in
25
the
name
of
the
seller
or
transferor
or
without
delivering
26
to
the
purchaser
or
transferee
a
certificate
of
title
or
a
27
manufacturer’s
or
importer’s
certificate
duly
assigned
to
the
28
purchaser
or
transferee
as
provided
in
this
chapter
.
29
Sec.
11.
Section
321H.4,
subsection
2,
paragraph
a,
Code
30
2017,
is
amended
to
read
as
follows:
31
a.
Application
for
a
license
as
an
authorized
vehicle
32
recycler
shall
be
made
to
the
department
on
forms
provided
33
by
the
department.
The
application
shall
be
accompanied
34
by
a
fee
of
seventy
two
hundred
dollars
for
a
two-year
35
-8-
LSB
2241XC
(5)
87
ns/nh
8/
13
S.F.
_____
period
or
part
thereof
and
proof
of
registration
with
the
1
national
motor
vehicle
title
information
system.
The
license
2
shall
be
approved
or
disapproved
within
thirty
days
after
3
application
for
the
license.
A
license
expires
on
December
31
4
of
even-numbered
years.
A
licensee
shall
have
the
month
of
5
expiration
and
the
month
after
the
month
of
expiration
to
renew
6
the
license.
A
person
who
fails
to
renew
a
license
by
the
end
7
of
this
time
period
and
desires
to
hold
a
license
shall
file
a
8
new
license
application
and
pay
the
required
fee.
A
separate
9
license
shall
be
obtained
for
each
county
in
which
an
applicant
10
conducts
operations.
11
Sec.
12.
Section
321H.4A,
subsection
2,
Code
2017,
is
12
amended
to
read
as
follows:
13
2.
a.
Except
as
provided
in
paragraph
“b”
,
for
For
any
14
vehicle
subject
to
registration
under
chapter
321
purchased
15
by
a
vehicle
recycler
licensed
under
this
chapter
and
subject
16
to
the
requirements
of
28
C.F.R.
§25.56
,
the
vehicle
recycler
17
shall
comply
with
the
reporting
requirements
of
28
C.F.R.
18
§25.56
by
reporting
the
required
information
to
the
authorized
19
data
consolidator,
as
defined
in
section
321.1,
within
two
20
business
days
of
purchasing
the
vehicle.
Records
of
the
21
vehicle
recycler’s
compliance
shall
be
kept
by
the
vehicle
22
recycler
for
at
least
three
years
after
the
purchase
of
the
23
vehicle,
and
shall
be
open
for
inspection
by
any
peace
officer
24
during
normal
business
hours.
The
department
shall
adopt
rules
25
to
implement
this
section
,
including
but
not
limited
to
rules
26
requiring
the
submission
and
retention
of
records
not
required
27
by
28
C.F.R.
§25.56
.
28
b.
Paragraph
“a”
does
not
apply
to
a
vehicle
that
has
29
been
crushed
or
flattened
by
mechanical
means
in
such
a
way
30
that
it
no
longer
resembles
the
vehicle
described
by
the
31
certificate
of
title
if
the
vehicle
recycler
who
purchased
the
32
vehicle
verifies
that
the
seller
of
the
vehicle
has
met
the
33
requirements
of
paragraph
“a”
.
The
department
shall
adopt
rules
34
relating
to
the
form
of
the
verification,
and
the
manner
in
35
-9-
LSB
2241XC
(5)
87
ns/nh
9/
13
S.F.
_____
which
the
verification
shall
be
retained.
1
Sec.
13.
Section
321H.4A,
Code
2017,
is
amended
by
adding
2
the
following
new
subsection:
3
NEW
SUBSECTION
.
3.
Upon
receipt
of
a
notification
pursuant
4
to
section
321.52B,
subsection
4,
that
a
motor
vehicle
5
purchased
by
the
vehicle
recycler
is
designated
as
an
active
6
stolen
vehicle
in
the
federal
bureau
of
investigation’s
7
national
crime
information
center
database,
the
vehicle
8
recycler
shall
notify
the
vehicle
recycler’s
local
law
9
enforcement
agency
and
secure
the
vehicle
until
the
vehicle
is
10
removed
by
a
law
enforcement
agency,
returned
to
the
rightful
11
owner,
or
the
designation
in
the
national
crime
information
12
center
database
has
been
removed.
13
Sec.
14.
Section
321H.7,
Code
2017,
is
amended
to
read
as
14
follows:
15
321H.7
Fees.
16
All
fees
of
whatever
character
accruing
from
the
17
administration
of
this
chapter
shall
be
accounted
for
and
18
paid
by
the
department
into
the
state
treasury
monthly
and
19
shall
be
credited
to
the
road
use
tax
fund
,
except
that
one
20
hundred
thirty
dollars
of
each
license
fee
collected
pursuant
21
to
section
321H.4
shall
be
retained
by
the
department
and
22
allocated
for
the
administration
of
section
321.52B
.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
requires
the
department
of
transportation
(DOT)
27
to
contract
with
a
third
party
to
act
as
the
DOT’s
authorized
28
data
consolidator
using
the
current
procedures
for
competitive
29
bidding.
The
third
party
must
be
approved
by
the
United
States
30
department
of
justice
to
act
as
a
third
party
data
consolidator
31
for
the
national
motor
vehicle
title
information
system
32
(NMVTIS).
The
bill
permits
the
third
party
to
charge
a
fee
33
for
any
service
provided
under
the
bill
to
any
nongovernmental
34
entity
or
person
not
seeking
such
services
on
behalf
of
a
35
-10-
LSB
2241XC
(5)
87
ns/nh
10/
13
S.F.
_____
governmental
entity.
1
The
bill
requires
a
person
subject
to
federal
NMVTIS
2
reporting
requirements
who
sells
a
motor
vehicle
with
a
salvage
3
certificate
of
title
or
junking
certificate
to
retain
certain
4
information
regarding
the
sale
for
three
years
after
the
sale
5
of
the
vehicle
and
to
report
the
information
to
the
authorized
6
data
consolidator
within
seven
business
days
after
the
date
on
7
which
the
sale
of
the
vehicle
occurred.
8
Upon
receiving
the
information,
the
bill
requires
the
9
authorized
data
consolidator
to
report
the
information
received
10
to
the
DOT
and
to
NMVTIS
within
two
business
days
after
11
the
date
on
which
the
authorized
data
consolidator
receives
12
the
information.
The
bill
requires
the
authorized
data
13
consolidator
to
also
verify
whether
the
vehicle
purchased
or
14
sold
is
designated
as
an
active
stolen
vehicle
in
the
federal
15
bureau
of
investigation’s
national
crime
information
center
16
database.
If
the
vehicle
is
so
designated,
the
authorized
17
data
consolidator
must
notify
the
DOT
and
the
person
or
entity
18
who
submitted
the
information
relating
to
the
purchase
or
19
sale
of
the
vehicle.
The
bill
requires
the
authorized
data
20
consolidator
to
retain
the
information
received
for
five
years.
21
The
bill
prohibits
the
authorized
data
consolidator
from
22
releasing
or
making
available
any
personal
information
received
23
under
the
bill.
However,
the
authorized
data
consolidator
must
24
make
any
information
received
available
to
the
DOT
or
any
law
25
enforcement
agency
without
cost
and
upon
request.
The
bill
26
permits
the
authorized
data
consolidator
to
make
available
the
27
make,
model,
model
year,
vehicle
identification
number,
and,
if
28
available,
current
odometer
reading
of
any
vehicle
to
a
person
29
or
entity
approved
by
the
DOT.
30
The
bill
provides
that
the
DOT
shall
impose
a
civil
penalty
31
in
the
amount
of
$1,000
per
transaction
on
a
person
or
on
32
the
authorized
data
consolidator
for
a
violation
of
these
33
provisions
of
the
bill.
34
Under
current
law,
the
purchaser
or
transferee
of
a
vehicle
35
-11-
LSB
2241XC
(5)
87
ns/nh
11/
13
S.F.
_____
sold
for
scrap
or
junk
is
required
to
obtain
the
vehicle’s
1
certificate
of
title
and
apply
for
and
be
issued
a
junking
2
certificate.
However,
the
owner
of
a
vehicle
that
does
not
3
have
a
certificate
of
title
or
a
junking
certificate
may
4
dispose
of
the
vehicle
to
a
licensed
vehicle
recycler
for
scrap
5
or
junk
if
the
vehicle
is
12
model
years
old
or
older
and
is
6
acquired
by
the
vehicle
recycler
for
reasonable
consideration
7
equaling
less
than
$1,000.
8
The
bill
provides
an
additional
exception
to
that
provision
9
and
alters
the
existing
exception.
If
a
vehicle
with
a
10
salvage
certificate
of
title,
rebuilt
certificate
of
title,
or
11
junking
certificate
is
sold
for
scrap
or
junk
to
a
licensed
12
vehicle
recycler,
the
vehicle
recycler
is
required
to
obtain
13
the
vehicle’s
certificate
of
title
or
junking
certificate,
14
properly
endorsed
and
signed
by
the
previous
owner,
and
the
15
seller’s
unique
number
issued
to
the
seller
through
NMVTIS,
16
or
if
the
seller
has
not
been
issued
such
a
number,
a
copy
of
17
the
seller’s
driver’s
license
or
nonoperator’s
identification
18
card,
and
report
within
two
business
days
the
purchase
of
the
19
vehicle
to
the
authorized
data
consolidator.
If
a
vehicle
20
without
a
certificate
of
title
or
junking
certificate
is
sold
21
for
scrap
or
junk
to
a
licensed
vehicle
recycler,
and
the
22
vehicle
is
12
model
years
old
or
older
and
is
acquired
by
the
23
vehicle
recycler
for
reasonable
consideration
equaling
less
24
than
$1,000,
the
vehicle
recycler
and
the
seller
must
complete
25
a
derelict
affidavit
form.
The
vehicle
recycler
is
required
to
26
retain
the
form
along
with
the
seller’s
unique
number
issued
27
to
the
seller
through
NMVTIS,
or
if
the
seller
has
not
been
28
issued
such
a
number,
a
copy
of
the
seller’s
driver’s
license
29
or
nonoperator’s
identification
card,
and
report
within
two
30
business
days
the
purchase
of
the
vehicle
to
the
authorized
31
data
consolidator.
The
bill
applies
these
provisions
to
32
vehicle
demolishers
that
purchase
abandoned
vehicles.
Under
33
current
law,
such
demolishers
are
licensed
vehicle
recyclers.
34
When
the
DOT
receives
information
through
the
authorized
35
-12-
LSB
2241XC
(5)
87
ns/nh
12/
13
S.F.
_____
data
consolidator
that
a
vehicle
has
been
purchased
by
a
1
vehicle
recycler
in
this
manner,
the
DOT
must
designate
the
2
electronic
record
of
the
vehicle’s
certificate
of
title
as
3
“JUNKED”
and
cancel
the
record
of
the
vehicle.
A
certificate
4
of
title
shall
not
again
be
issued
for
the
vehicle
afer
the
DOT
5
designates
the
vehicle
as
“JUNKED”
and
cancels
the
record
of
6
the
vehicle.
7
The
bill
further
requires
a
vehicle
rebuilder
or
person
8
acquiring
a
vehicle
who
is
subject
to
federal
NMVTIS
reporting
9
requirements
to
obtain
the
seller’s
unique
number
issued
to
the
10
seller
through
NMVTIS,
or
if
the
seller
has
not
been
issued
11
such
a
number,
a
copy
of
the
seller’s
driver’s
license
or
12
nonoperator’s
identification
card,
and
to
report
within
two
13
business
days
the
purchase
of
the
vehicle
to
the
authorized
14
data
consolidator.
15
The
bill
increases
the
biannual
fee
for
a
vehicle
recycler
16
license
from
$70
to
$200,
and
provides
that
$130
of
each
17
license
fee
shall
be
used
by
the
DOT
to
administer
the
18
provisions
of
the
bill
relating
to
the
authorized
data
19
consolidator.
The
bill
requires
licensed
vehicle
recyclers
20
to
make
required
NMVTIS
reports
to
the
authorized
data
21
consolidator,
and
eliminates
the
existing
exception
for
22
seller-reported
purchases.
A
vehicle
recycler
who
is
notified
23
that
a
vehicle
purchased
by
the
vehicle
recycler
is
designated
24
as
an
active
stolen
vehicle
must
notify
the
vehicle
recycler’s
25
local
law
enforcement
agency
and
secure
the
vehicle
until
the
26
vehicle
is
removed
by
a
law
enforcement
agency,
returned
to
27
the
rightful
owner,
or
the
designation
has
been
removed.
By
28
operation
of
law,
a
violation
of
these
provisions
is
a
simple
29
misdemeanor
punishable
by
a
fine
of
not
less
than
$250
nor
more
30
than
$1,500
or
by
imprisonment
not
to
exceed
30
days.
31
-13-
LSB
2241XC
(5)
87
ns/nh
13/
13
