Bill Summary for S 248 (2019-2020)

Summary date: 

Mar 13 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 248 (Public) Filed Wednesday, March 13, 2019
AN ACT TO AMEND LAWS GOVERNING THE TRANSFER OF SALVAGE VEHICLES BY REMOVING NOTARY REQUIREMENTS, PERMITTING ELECTRONIC SIGNATURES, AND ALLOWING ACCESS TO DIVISION OF MOTOR VEHICLE SYSTEMS FOR SALVAGE VEHICLE TITLE PROCESSING.
Intro. by B. Jackson, Burgin, J. Davis.

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Bill summary

Identical to H 337, filed 3/12/19.

Makes the following changes to GS 20-109.1 concerning the surrender of salvage vehicle certificates of title. Adds to subdivision (b)(1) regarding the assignment of a salvage vehicle's title by the owner to the insurer upon payment of the claim if the owner does not want to keep the vehicle. Exempts specified title transfers, applications, and affidavits related to the assignment from notarization requirements, including notarization of electronic signature requirements. Limits the scope of subdivision (b)(2), regarding an insurer's right to request from the DMV a form to use to transfer a salvage vehicle from the insurer to a person who buys the vehicle if a salvage owner fails to assign and deliver the title within 30 days of payment of the claim pursuant to subdivision (b)(1), to when the most recent certificate of title for the vehicle was issued by the State. 

Enacts new subdivision (b)(3), providing for an insurer to request the Division of Motor Vehicles (DMV) send a form to use to transfer title to a salvage vehicle from the insurer to a person who buys the vehicle from the insurer if the salvage owner fails to assign and deliver the vehicle's certificate of title to the insurer within 30 days of payment of the claim pursuant to subdivision (b)(1) (similar to existing subdivision(b)(2)). Limits the new subdivision's application to when the most recent certificate of title was issued in another state; the vehicle records of the issuing jurisdiction indicate there are no recorded liens against the vehicle; and the vehicle was damaged, stolen, or recovered in this State and owned by a State resident immediately prior to payment of the claim by the insurer, or as otherwise permitted by the DMV. Details parameters regarding proof of payment of the claim and proof of notice to the owner requesting the vehicle's certificate of title. Deems the title assigned to the insurer upon the DMV's receipt of the request. Sets requirements for when the insurer sells the vehicle or a buyer rebuilds the vehicle. 

Amends GS 20-52, allowing for an application for a salvage certificate of title to be submitted with an electronic signature in accordance with Article 40, GS Chapter 66. Makes conforming changes to GS 20-63. Further amends GS 20-63 to include the completion and filing of documents required for the issuance of a salvage certificate of title or its duplicate in the required contract between the DMV and at least two online vehicle registration vendors that can contract with dealers to complete and file DMV required documents for titles and registrations. Specifies that the dealer transactions authorized include submissions to the DMV on behalf of insurers pursuant to GS 20-109.1, as amended.

Adds transfers to an insurer pursuant to new GS 20-109.1(b)(3) to those exempt from the notarization requirements for title assignments and transfers in GS 20-72(b). Additionally, exempts any transfer of title to or from an insurer pursuant to GS 20-109.1, as amended, from the subsection's requirement that an assignment and warranty of title be executed in the presence of a notary. Adds titles of salvage vehicles transferred pursuant to new GS 20-109.1(b)(3) to those not required to be forwarded to the DMV. 

Amends GS 20-75, removing the requirement for an insurance company to execute a reassignment and warranty of title in the presence of a notary. Adds titles of salvage vehicles transferred pursuant to new GS 20-109.1(b)(3) to those not required to be forwarded to the DMV. 

Makes conforming changes to GS 20-78(a), regarding issuance of a salvage certificate of title.

Amends GS 20-85, removing the fee for applications for a salvage certificate of title made by an insurer pursuant to GS 20-109.1(b)(2).

Effective October 1, 2019.

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