SB28 (2017) Detail

Relative to salvage certificates of titles for motor vehicles.


SB 28  - AS INTRODUCED

 

 

2017 SESSION

17-0893

03/01

 

SENATE BILL 28

 

AN ACT relative to salvage certificates of titles for motor vehicles.

 

SPONSORS: Sen. Birdsell, Dist 19

 

COMMITTEE: Transportation

 

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ANALYSIS

 

This bill authorizes the issuance of a salvage certificate of title for a vehicle under specified conditions after a total loss payment has been made or denied.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0893

03/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to salvage certificates of titles for motor vehicles.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Paragraphs; Salvage Certificate of Title.  Amend RSA 261:22 by inserting after paragraph II the following new paragraphs:

II-a.  With respect to a vehicle, other than an exempt vehicle as provided in RSA 261:3, which the vehicle owner has not chosen to retain, if an insurance firm or representative thereof is unable to obtain the documents described by RSA 261:22, II(a) or (b) within 30 days of the total loss payment, the insurance firm or representative thereof, at any time thereafter, may apply to the department for a salvage certificate of title in the name of the insurance firm without surrendering the certificate of title or other ownership documentation for the motor vehicle.  The application shall be accompanied by evidence that the insurance firm has made a total loss payment for the vehicle, a copy of a written request for the certificate of title sent to the vehicle owner and any known lienholder by the insurance firm or representative thereof, proof that the request was delivered by a nationally-recognized courier service or by certified mail to the last known address of the vehicle owner and any known lienholder, and the required fee of $10.  The department shall process the  application as provided in RSA 261:22, III, except that the department shall not require submission of the certificate of title or other ownership document for the motor vehicle.  A salvage certificate of title issued pursuant to this paragraph shall be issued free and clear of all liens.

II-b.  If an insurance firm or representative thereof requests that an auto wholesale dealer take possession of a motor vehicle, other than an exempt vehicle as provided in RSA 261:3, that is the subject of an insurance claim, and subsequently the insurance firm denies coverage with respect to the motor vehicle or otherwise does not take ownership of the motor vehicle, the auto wholesale dealer may proceed in accordance with this paragraph.  At any time after the auto wholesale dealer has had possession of the motor vehicle for 45 days, it may apply to the department for a salvage certificate of title without surrendering the certificate of title or other ownership documentation for the motor vehicle.  The application shall be accompanied by a copy of a written request, on the auto wholesale dealer's letterhead, requesting that, upon payment of applicable charges, the vehicle be removed from the auto wholesale dealer's facility, proof that the request was delivered by a nationally-recognized courier service or by certified mail to the last known address of the vehicle owner and any known lienholder at least 15 days before the date of the application, and the required fee of $10.  The department shall process the  application as provided in RSA 261:22, III, except that the department shall not require submission of the certificate of title or other ownership document for the motor vehicle.  A salvage certificate of title issued pursuant to this paragraph shall be issued free and clear of all liens.

II-c.  An applicant under RSA 261:22, II-a or RSA 261:22, II-b shall indemnify and hold harmless the department from any liability arising from an error or misrepresentation made by such applicant in a submission to the department pursuant to RSA 261:22, II-a or RSA 261:22, II-b.

2  Effective Date.  This act shall take effect July 1, 2017.

Links

SB28 at GenCourtMobile

Action Dates

Date Body Type
Jan. 10, 2017 Senate Hearing
Jan. 19, 2017 Senate Floor Vote

Bill Text Revisions

SB28 Revision: 1358 Date: Jan. 24, 2017, 10:41 a.m.

Docket

Date Status
Jan. 5, 2017 To Be Introduced 01/05/2017 and Referred to Transportation; SJ 4
Jan. 10, 2017 Hearing: 01/10/2017, Room 103, LOB, 01:00 pm; SC 5
Jan. 19, 2017 Committee Report: Inexpedient to Legislate, 01/19/2017; Vote 5-0; CC; SC 6
Jan. 19, 2017 Sen. Birdsell Moved to Remove SB 28 from the Consent Calendar; 01/19/2017; SJ 4
Jan. 19, 2017 Sen. Bradley Moved Laid on Table, MA, VV; 01/19/2017; SJ 4
Jan. 19, 2017 Pending Motion Inexpedient to Legislate; 01/19/2017; SJ 4
June 22, 2017 Inexpedient to Legislate, Senate Rule 3-23, Adjournment 06/22/2017; SJ 1
Inexpedient to Legislate, Adjournment, Senate Rule 3-23; SJ 1