Text: HSB00618                          Text: HSB00620
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 619

Bill Text

PAG LIN
  1  1    Section 1.  Section 321.69, subsections 2 and 3, Code
  1  2 Supplement 1997, are amended to read as follows:
  1  3    2.  The damage disclosure statement required by this
  1  4 section shall, at a minimum, state the total retail dollar
  1  5 amount of all damage to the vehicle during the period of the
  1  6 transferor's ownership of the vehicle and whether the
  1  7 transferor knows if the vehicle was titled as a salvage or
  1  8 flood vehicle in this or any other state prior to the
  1  9 transferor's ownership of the vehicle.  For the purposes of
  1 10 this section, "damage" refers to damage to the vehicle caused
  1 11 by fire, vandalism, collision, weather, falling objects,
  1 12 submersion in water, or flood, where the cost of repair is
  1 13 three five thousand dollars or more per incident, but does not
  1 14 include normal wear and tear, glass damage, mechanical repairs
  1 15 or electrical repairs that have not been caused by fire,
  1 16 vandalism, collision, weather, falling objects, submersion in
  1 17 water, or flood.  "Damage" does not include the cost of
  1 18 repairing, replacing, or reinstalling tires, lights,
  1 19 windshields, windows, a sound system, or an inflatable
  1 20 restraint system.  A determination of the amount of damage to
  1 21 a vehicle shall be based on estimates of the retail cost of
  1 22 repairing the vehicle, including labor, parts, and other
  1 23 materials, if the vehicle has not been repaired or on the
  1 24 actual retail cost of repair, including labor, parts, and
  1 25 other materials, if the vehicle has been repaired.  Only
  1 26 individual incidents in which the retail cost of repairs is
  1 27 three five thousand dollars or more are required to be
  1 28 disclosed by this section.  If the vehicle has incurred damage
  1 29 of three five thousand dollars or more per incident in more
  1 30 than one incident, the damage amounts must be combined and
  1 31 disclosed as the total of all separate incidents.
  1 32    3.  The damage disclosure statement shall be provided by
  1 33 the transferor to the transferee at or before the time of
  1 34 sale.  If the transferor is not a resident of this state the
  1 35 transferee shall not be required to submit a damage disclosure
  2  1 statement from the transferor with the transferee's
  2  2 application for title unless the state of the transferor's
  2  3 residence requires a damage disclosure statement.  However,
  2  4 the transferee shall submit a damage disclosure statement with
  2  5 the transferee's application for title indicating whether a
  2  6 salvage or rebuilt title had ever existed for the vehicle,
  2  7 whether the vehicle had incurred prior damage of three five
  2  8 thousand dollars or more per incident, and the year, make, and
  2  9 vehicle identification number of the motor vehicle.  The
  2 10 transferee shall not be required to indicate whether the
  2 11 vehicle had incurred prior damage of three five thousand
  2 12 dollars or more per incident under this subsection if the
  2 13 transferor's certificate of title is from another state and if
  2 14 it indicates that the vehicle is salvaged and not rebuilt or
  2 15 is another state's salvage certificate of title.  
  2 16                           EXPLANATION
  2 17    Current law requires a transferor of a motor vehicle to
  2 18 provide a damage disclosure statement to the transferee
  2 19 indicating the costs of repair to the vehicle if a single
  2 20 damage amount exceeded $3,000.  The law provides that normal
  2 21 wear and tear need not be included in calculating the damage
  2 22 amount.
  2 23    This bill changes the threshold damage amount from $3,000
  2 24 to $5,000.  The bill further provides that when calculating
  2 25 the damage amount, the transferor does not need to include the
  2 26 cost to repair or replace tires, lights, windshields, windows,
  2 27 and any sound system.  
  2 28 LSB 3652HC 77
  2 29 jm/sc/14
     

Text: HSB00618                          Text: HSB00620
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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