Bill Text: CA SB990 | 2011-2012 | Regular Session | Introduced
Bill Title: Vehicle history report.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-04-10 - Set, second hearing. Failed passage in committee. (Ayes 2. Noes 2. Page 3123.) Reconsideration granted. [SB990 Detail]
Download: California-2011-SB990-Introduced.html
BILL NUMBER: SB 990 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Vargas
FEBRUARY 1, 2012
An act to amend Section 11713.26 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 990, as introduced, Vargas. Vehicle history report.
(1) Existing law, as of July 1, 2012, prohibits a dealer from
displaying or offering for sale at retail a used vehicle unless the
dealer first obtains a vehicle history report from the National Motor
Vehicle Title Information System (NMVTIS). If the NMVTIS report
indicates that the vehicle is or has been a junk or salvage
automobile, or the vehicle has been reported as such by a junk or a
salvage yard, or an insurance carrier, or the certificate of title
contains a brand, a dealer is required to post a specified disclosure
and provide the retail purchaser with a copy of the report upon
request prior to sale. A violation of the Vehicle Code is a crime.
This bill would revise that prohibition to authorize a dealer to
also obtain the vehicle history report from a commercial data
provider, as defined, and would make conforming changes. The bill
would impose a state-mandated local program by changing the
definition of a crime.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11713.26 of the Vehicle Code is amended to
read:
11713.26. (a) A dealer shall not display or offer for sale at
retail a used vehicle, as defined in Section 665 and subject to
registration under this code, unless the dealer first obtains a
NMVTIS vehicle history report from a NMVTIS
data provider or a commercial data provider for the vehicle
identification number of the vehicle.
(b) If a NMVTIS vehicle history report for a
used vehicle indicates that the vehicle is or has been a junk
automobile or a salvage automobile or the vehicle has been reported
as a junk automobile or a salvage automobile by a junk yard, salvage
yard, or insurance carrier pursuant to Section 30504 of Title 49 of
the United States Code, or the certificate of title contains a brand,
a dealer shall do both of the following:
(1) Post the following disclosure on the vehicle while it is
displayed for sale at retail in at least 14-point bold black type,
except for the title "Warning" which shall be in at least 18-point
bold black type, on at least a 4 x 5.5 inch red background in close
proximity to the Federal Trade Commission's Buyer's Guide:
"WARNING
According to a vehicle history report issued by the National Motor
Vehicle Title Information System (NMVTIS) or a commercial data
provider , this vehicle has been reported as a total-loss
vehicle by an insurance company, has been reported into NMVTIS
or a commercial data provider by a junk or salvage reporting
entity, or has a title brand which may materially affect the value,
safety, and/or condition of the vehicle. Because of its history as a
junk, salvage, or title-branded vehicle, the manufacturer's warranty
or service contract on this vehicle may be affected. Ask the dealer
to see a copy of the NMVTIS vehicle history
report. You may independently obtain the report by checking NMVTIS
online at www.vehiclehistory.gov or by checking the online
Internet Web site of a commercial data provider ."
(2) Provide the retail purchaser with a copy of the
NMVTIS vehicle history report upon request prior to sale.
(c) Subdivisions (a) and (b) do not apply to a used vehicle for
which NMVTIS or a commercial data provider does not have a
record if the dealer attempts to obtain a NMVTIS
vehicle history report for the vehicle.
(d) As used in this section the following terms have the following
meanings:
(1) "Commercial data provider" means a private entity that
provides vehicle history information and obtains data from all 50
states of the United States and the District of Columbia.
(1)
(2) "NMVTIS" means the National Motor Vehicle Title
Information System established pursuant to Section 30501 et seq. of
Title 49 of the United States Code.
(2) "NMVTIS vehicle
(3) "Vehicle history report"
means a report obtained by an NMVTIS data provider or a
commercial data provider that contains the following
information :
(A) The date of the report.
(B) Any disclaimer required by the operator of NMVTIS.
(C) If available from NMVTIS or a commercial data provider
, information establishing the following:
(i) Whether the vehicle is titled in a particular state.
(ii) Whether the title to the vehicle was branded by a state.
(iii) The validity and status of a document purporting to be a
certificate of title for the vehicle.
(iv) Whether the vehicle is or has been a junk automobile or a
salvage automobile.
(v) The odometer mileage disclosure required pursuant to Section
32705 of Title 49 of the United States Code for that vehicle on the
date the certificate of title for that vehicle was issued and any
later mileage information.
(vi) Whether the vehicle has been reported as a junk automobile or
a salvage automobile pursuant to Section 30504 of Title 49 of the
United States Code.
(3)
(4) "Junk automobile," "operator," and "salvage
automobile" shall have the same meanings as defined in Section 25.52
of Title 28 of the Code of Federal Regulations.
(4)
(5) "NMVTIS data provider" means a person authorized by
the NMVTIS operator as an access portal provider for NMVTIS.
(5)
(6) "NMVTIS operator" means the individual or entity
authorized or designated as the operator of NMVTIS pursuant to
subdivision (b) of Section 30502 of Title 49 of the United States
Code, or the office designated by the United States Attorney General,
if there is no authorized or designated individual or entity.
(e) Nothing in this section shall prohibit a NMVTIS data provider
or a commercial data provider from including, in a
NMVTIS vehicle history report containing the
information required by paragraph (2) (3)
of subdivision (d), additional vehicle history information
obtained from resources other than NMVTIS or the commercial data
provider .
(f) This section shall not create any legal duty upon the dealer
related to the accuracy, errors, or omissions contained in a
NMVTIS vehicle history report that is obtained from a
NMVTIS data provider , or, with respect to the information
required by paragraph (3) of subdivision (d), a commercial
data provider, or any legal duty to provide information added
to NMVTIS or a commercial data provider's vehicle history
database after the dealer obtained the NMVTIS
vehicle history report pursuant to subdivision (a).
(g) (1) In the event that all NMVTIS data providers cease to make
NMVTIS vehicle history reports available to the
public, this section shall become inoperative.
(2) In the event that all NMVTIS data providers cease to make
NMVTIS vehicle history reports available to the
public, it is the intent of the Legislature that the United States
Department of Justice notify the Legislature and the department.
(h) This section does not apply to the sale of a recreational
vehicle, a motorcycle, or an off-highway motor vehicle subject to
identification under Section 38010.
(i) This section shall become operative on July 1, 2012.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
