Bill Summary for H 26 (2013-2014)

Summary date: 

May 8 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 26 (Public) Filed Wednesday, January 30, 2013
A BILL TO BE ENTITLED AN ACT TO STRENGTHEN THE LAWS PROTECTING AGAINST THE THEFT OF VEHICLES FOR DISASSEMBLY AND RESALE OF PARTS AND TO ASSIST LAW ENFORCEMENT IN THE INVESTIGATION OF ORGANIZED CRIMINAL ACTIVITY ASSOCIATED WITH THE THEFT OF VEHICLES.
Intro. by T. Moore.

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Bill summary

House committee substitute to the 1st edition makes the following changes.

Amends GS 20-62.1 as follows. Allows a secondary metals recycler or salvage yard to purchase a motor vehicle without a certificate of title if the vehicle is 12 (was, 20) model years old or older and they comply with specified requirements. Amends those requirements as follows. Requires the record of purchase transactions also include the following: contact information of the secondary metals recycler of salvage yard; the year of the vehicle; a written statement that the motor vehicle will be scrapped or crushed for disposal or dismantled for parts only; the driver's license number of the person from whom the vehicle is purchased; and a written statement signed by the seller certifying that the the seller has the lawful right to sell and dispose of the vehicle, the vehicle is at least 12 years old, and the vehicle is not subject to any security interest or lien.  Also adds that the requirement that the secondary metals recycler or salvage yard verify with the Division of Motor Vehicles (DMV) whether the vehicle has been reported stolen, requires the DMV to develop an online method for making such a verification, and sets out actions to be taken based on whether or not the DMV says that the vehicle has been reported stolen.

Adds new (a1) requiring a secondary metals recycler or salvage yard purchasing a vehicle under the statute to submit, within 72 hours of each day's close of business, information from the records of purchase transactions to the National Motor Vehicle Title Information System along with other required information.

Requires information obtained by the DMV under the statute to be made available to law enforcement agencies only. Provides that the information is confidential is not considered a public record.

Provides that any person who knowingly and willfully violates the statute or who falsifies the required seller's statement is required to pay a minimum fine of $1,000. Adds that a court may order a defendant seller to make restitution to the lien holder as well as to the secondary metals recycler or salvage yard.

Makes clarifying changes to the effective date provisions. Provides that prosecutions for offenses committed before the effective date of the act are not abated or affected by the act and the statutes that would be applicable but for the act remain applicable to those prosecutions.

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