Bill Summaries: all (2017-2018 Session)

Tracking:
  • Summary date: Jun 25 2018 - View summary

    AN ACT TO PROVIDE A PROCESS FOR USED MOTOR VEHICLE DEALERS TO DISPOSE OF ABANDONED VEHICLES RECEIVED FROM CHARITABLE ORGANIZATIONS. Enacted June 22, 2018. Effective June 22, 2018.


  • Summary date: Jun 13 2018 - View summary

    House amendment makes the following change to 3rd edition. Amends GS 20-109.3 to clarify that the Division and Division contractors may not be held liable for any damages arising from the transfer or subsequent operation of any vehicle titled or sold pursuant to this section. 


  • Summary date: Jun 13 2018 - View summary

    House committee substitute makes the following changes to the 2nd edition.

    Amends GS 20-109.3(c) by providing that no person has a cause of action against the Division or Division contractors (was, Division only) arising from the issuance of a title for an abandoned vehicle received from a charitable organization.


  • Summary date: Jun 5 2018 - View summary

    House committee substitute makes the following changes to the 2nd edition.

    Deletes the previous provisions. Changes the act's long and short titles, and now provides the following.

    Enacts GS 20-109.3, detailing requirements for when a charitable 501(c)(3) organization requests a licensed used motor vehicle dealer, whose primary business is the sale of salvage vehicles on behalf of insurers or charitable organizations, to take possession of a donated vehicle currently titled in the state but the title is not provided to the dealer at the time of donation or within 10 days of the donation. Requires the dealer to send notice to the last registered owner and any reasonably ascertainable lienholders of the vehicle informing the owner or lienholder of the vehcile's donation, and include the current location of the vehicle, the name of the charitable organization to which the vehicle was donated, and the name of the vehicle donor. Also requires the notice to inform the owner or lienholder of their right to object to the donation within 30 days from the date of notice and reclaim the vehicle from the dealer at no charge by providing proof of ownership. Requires the notice be sent by certified mail or another commercially available service providing proof of delivery to the address on record with the Division of Motor Vehicles (DMV). Deems any claim to the vehicle by the owner or lienholder to be abandoned upon failure to object to the donation and pick up the vehicle within 30 days, and transfers title to the vehicle to the charitable organization by the owner, deeming the lien extinguished. Provides for the charitable organization or the dealer acting on its behalf to apply for duplicate title with transfer upon payment of applicable fees, accompanied by a copy of the written donation statement, the required notice to the owner or lienholder, proof of delivery of the notice, and proof of the power of attorney if the dealer is executing the application on behalf of the charitable organization. Requires the DMV to issue a title to the donated vehicle in the name of the charitable organization and mail the title, free and clear of liens, to the dealer possessing the vehicle upon receipt of an application for duplicate title with transfer as specified. Allows for the dealer to file a special proceeding to obtain an order allowing a vehicle or vehicles to be sold if the required notice is not received or returned as undeliverable. Provides for a court order authorizing the sale of a donated vehicle as salvage that is not currently titled in the state, does not appear in the DMV's records, or the owner or lienholder are not otherwise ascertainable for any reason, and requires the DMV to issue a salvage branded title to the person who purchases the vehicle at a subsequent sale. Makes it a Class 2 misdemeanor for any person to provide false information to the DMV in conjunction with the sale of a charity vehicle or otherwise violating the statute with the intent to defraud any person. Provides immunity to the DMV for the issuance of a title pursuant to the statute and for any damages arising from the transfer or subsequent operation of any vehicle titled or sold pursuant to the statute.

    Amends GS 20-75, adding to the existing exemptions from registration and title requirements a charitable 501(c)(3) organization when the vehicle was donated to the charitable organization solely for purposes of resale by the charitable organization. Also adds that applicable charitable organizations can assign or transfer title or interest in the vehicle by executing a reassignment and warranty of title on the reverse of the certificate of title as specified in existing language for other exempt dealers and insurance companies.

    Amends GS 20-286, excepting from the term motor vehicle dealer or dealer applicable to Article 12, Motor Vehicle Dealers and Manufacturers Licensing Law, any charitable 501(c)(3) organization where the vehicle was donated to the charitable organization solely for purposes of resale by the charitable organization. Amends GS 20-294 to include new GS 20-109.3 to those statutes for which a violation may be grounds for the DMV to deny, suspend, place on probation, or revoke a motor vehicle dealer or manufacturer license.

    Amends GS 105-187.6 to exempt from highway use tax certificates of title issued as the result of a transfer of a motor vehicle to a charitable 501(c)(3) organization where the vehicle was donated to the charitable organization solely for purposes of resale by the charitable organization.


  • Summary date: Mar 28 2017 - View summary

    Amends GS 20-77(d) to require that the Division of Motor Vehicles (DMV) make all of the forms necessary for the sale of an unclaimed motor vehicle available on the DMV's website, and requires that the DMV allow the forms to be submitted electronically. Allows forms that need a signature to be submitted with an electronic signature. Effective July 1, 2017.