Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 120 Third Substitute (2020GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends language required in a contract for sale or lease of a salvage or total loss vehicle regarding possible impacts of a salvage title;
• amends provisions related to title disclosures of vehicles declared a total loss due to theft;
• requires certain repair facilities that repair vehicles equipped with advanced driver assistance systems to:
• inform the customer regarding the recalibration requirements for the advanced driver assistance system and whether the proper recalibration will be performed;
• if the recalibration of the advanced driver assistance system will be performed, meet or exceed the original manufacturer's specifications; and
• if the recalibration was not completed successfully, inform the customer that the vehicle should be taken to the manufacturer's certified repair shop or other repair shop capable of providing the proper recalibration and repair;
• amends provisions related to disclosure of insurance coverage related to automotive glass repair and recalibration; and
• makes technical changes.

Every vote on this bill

Bill text

VEHICLE REPAIR AND NOTIFICATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
James A. Dunnigan
LONG TITLE
General Description:
This bill amends provisions related to notification requirements regarding salvage
vehicles and vehicle repair requirements.
Highlighted Provisions:
This bill:
▸ amends language required in a contract for sale or lease of a salvage or total loss
vehicle regarding possible impacts of a salvage title;
▸ amends provisions related to title disclosures of vehicles declared a total loss due to
theft;
▸ requires certain repair facilities that repair vehicles equipped with advanced driver
assistance systems to:
• inform the customer regarding the recalibration requirements for the advanced
driver assistance system and whether the proper recalibration will be performed;
• if the recalibration of the advanced driver assistance system will be performed,
meet or exceed the original manufacturer's specifications; and
• if the recalibration was not completed successfully, inform the customer that the
vehicle should be taken to the manufacturer's certified repair shop or other
repair shop capable of providing the proper recalibration and repair;
▸ amends provisions related to disclosure of insurance coverage related to automotive
glass repair and recalibration; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-1a-1004
, as last amended by Laws of Utah 2013, Chapter 463
41-1a-1005.3
, as enacted by Laws of Utah 2012, Chapter 390
ENACTS:
41-6a-1645
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-1a-1004
 is amended to read:
41-1a-1004.
Certificate of title -- Salvage vehicles -- Buyer notification of salvage
or total loss vehicle.
(1) If the division is able to ascertain the fact, at the time application is made for initial
registration or transfer of ownership of a salvage vehicle, the title shall be branded:
(a) rebuilt and restored to operation;
(b) in a flood and restored to operation; or
(c) not restored to operation.
(2) (a) (i) Except as provided in Subsection (2)(b), before the sale of a vehicle for
which a salvage certificate or branded title has been 
knowingly
 issued 
or knowingly declared a
total loss by an insurance company
, the seller shall provide the prospective purchaser with
written notification that a salvage certificate or a branded title has been issued for the vehicle.
(ii) If the vehicle is a salvage vehicle 
or if the vehicle has been declared a total loss by
an insurance company
, the notification shall be as required in Section 
41-1a-1005.3
.
(b) The requirement to provide written notification under Subsection (2)(a) does not
apply if
:
(i)
 the prospective purchaser
, motor vehicle auction, or seller
 is:
[
(i)
] 
(A)
 a licensed motor vehicle dealer whose primary business is auctioning salvage
motor vehicles to licensed salvage vehicle buyers; or
[
(ii)
] 
(B)
 an insurance company, if the sale of the vehicle is the result of a total loss
settlement[
.
]
; or
(ii) the vehicle has been stolen, recovered, and declared a total loss by an insurance
company but does not meet the definition of a salvage vehicle.
(3) (a) An advertisement for the sale of a vehicle for which a salvage certificate or
branded title has been issued shall disclose that a salvage certificate or branded title has been
issued for the vehicle.
(b) (i) Except as provided in Subsection (3)(b)(ii), an advertisement for a vehicle
declared a total loss by an insurance company shall disclose that the vehicle has been declared
a total loss by an insurance company.
(ii) A vehicle that has been stolen, recovered, and declared a total loss by an insurance
company but does not meet the definition of a salvage vehicle is exempted from the advertising
requirement described in Subsection (3)(b)(i).
(iii) Subsections (3)(a), (3)(b)(i), and (3)(b)(ii) do not apply to a motor vehicle auction
or a consigner to a motor vehicle auction if no disclosure is required under Section
41-1a-1005.3
[
(b)
] 
(c)
 The advertisement disclosure under Subsection (3)(a) 
or (b)(i)
 shall:
(i) be displayed at least as prominently as the description of the advertised vehicle is
displayed; and
[
(ii) use the words "salvage certificate" or "branded title" in the advertisement.
]
(ii) if a salvage certificate or branded title has been issued or the vehicle has been
declared a total loss by an insurance company:
(A) use the words "salvage certificate" or "branded title" in the advertisement; or
(B) use the words "insurer declared total loss."
Section 2. Section 
41-1a-1005.3
 is amended to read:
41-1a-1005.3.
Resale of salvage and total loss vehicles.
(1) A motor vehicle may not be offered, auctioned, sold, leased, transferred, or
exchanged by an owner, that is not a manufacturer, dealer, motor vehicle auction, or consignor
to a motor vehicle auction with the knowledge that it is a salvage vehicle 
or a total loss vehicle
without prior written disclosure being given to any prospective purchaser.
(2) For a disclosure required by Subsection (1), the following disclosure language shall
be contained in each contract for sale or lease of a salvage vehicle to a purchaser or shall be
contained in a form affixed to a contract, lease, bill of sale, or any other document that transfers
title:
"THIS DISCLOSURE STATEMENT MUST BE GIVEN BY THE SELLER TO THE
BUYER EVERY TIME THIS VEHICLE IS 
KNOWINGLY
 RESOLD WITH A SALVAGE
CERTIFICATE 
OR TOTAL LOSS HISTORY
DISCLOSURE STATEMENT
Vehicle Identification Number (VIN)
Year: Make: Model:
SALVAGE 
OR TOTAL LOSS
 VEHICLE--NOT FOR RESALE WITHOUT
DISCLOSURE
WARNING: 
THIS VEHICLE HAS A SALVAGE OR TOTAL LOSS HISTORY
WHICH MAY MATERIALLY AFFECT THE VALUE, SAFETY AND/OR CONDITION OF
THE VEHICLE. BECAUSE OF ITS CONDITION THE MANUFACTURER'S WARRANTY
OR SERVICE CONTRACT ON THIS VEHICLE MAY BE AFFECTED.
 THIS [
SALVAGE
]
VEHICLE MAY NOT BE SAFE FOR OPERATION UNLESS PROPERLY REPAIRED. 
SOME STATES MAY REQUIRE AN INSPECTION BEFORE THIS VEHICLE [
MAY BE
]
IS
 REGISTERED. THE STATE OF UTAH MAY REQUIRE THIS VEHICLE TO BE
PERMANENTLY BRANDED AS A REBUILT SALVAGE VEHICLE. OTHER STATES
MAY ALSO PERMANENTLY BRAND THE CERTIFICATE OF TITLE. 
YOU MAY ASK
THE SELLER OF THE VEHICLE TO SEE A COPY OF THE NATIONAL MOTOR
VEHICLE TITLE INFORMATION SYSTEM (NMVTIS) VEHICLE HISTORY REPORT.
YOU MAY ALSO INDEPENDENTLY OBTAIN THE REPORT BY CHECKING NMVTIS
ONLINE AT WWW.VEHICLEHISTORY.GOV.
_________________________________________________________________
Signature of Purchaser Date"
Section 3. Section 
41-6a-1645
 is enacted to read:
 41-6a-1645.
Advanced driver assistance systems -- Repair, calibration, and
disclosure.
(1) As used in this section, "advanced driver assistance system" means an electronic
safety system designed to support the driver and vehicle while operating on roads and highways
that is intended to increase vehicle safety and reduce losses associated with automobile crashes.
(2) If the vehicle is equipped with an advanced driver assistance system, an automotive
glass company or repair facility approving or conducting glass repair, replacement, or
recalibration shall:
(a) before approving or performing a vehicle glass repair or replacement, inform the
consumer if a recalibration of that system is required and if such recalibration will be
performed; and
(b) if performing such recalibration, meet or exceed the manufacturer's specifications.
(3) (a) The automotive glass company or repair facility shall provide the consumer:
(i) an itemized description of the work to be done on the vehicle; and
(ii) if an insurer is paying all or part of the repair, the total amount the insurer has
agreed to pay for the work described in Subsection (3)(a)(i).
(b) An insurance company that makes payment for work described in Subsection (3)(a)
may not be required to pay more than a fair and competitive price for the local market area.
(c) An automotive glass company or repair facility may not represent to a customer that
the cost of a repair, replacement, or recalibration will be paid for entirely by the customer's
insurer and at no cost to the customer unless the cost of the repair, replacement, or recalibration
is fully covered and approved by the insurer.
(d) If a recalibration was not performed or not completed successfully, the automotive
glass company or repair facility shall inform the consumer electronically or in writing that the
recalibration was not successful or was not performed and that the vehicle should be taken to a
vehicle manufacturer's certified dealership, a qualified automobile glass company, or repair
facility capable of performing the recalibration of an advanced driver assistance system that
meets or exceeds the manufacturer's specifications.
(4) An automotive glass company or repair facility conducting a scan or recalibration
for vehicle glass repair or replacement services on a vehicle equipped with an advanced driver
assistance system:
(a) is not limited to vehicle glass, tooling, or equipment dictated or recommended by
the manufacturer's procedures or specifications; and
(b) shall recalibrate the advanced driver assistance system to meet or exceed the
manufacturer's procedures or specifications.
(5) An automotive glass company or repair facility may only bill or charge for vehicle
glass repair, replacement, or recalibration services that are performed and necessary.
(6) A person with actual knowledge that the advanced driver assistance system of a
motor vehicle is inoperable or has not been repaired or recalibrated after a vehicle glass repair
or replacement as described in this section may not knowingly sell, offer for sale, or display for
sale, the motor vehicle without providing written notice to the purchaser that:
(a) the advanced driver assistance system has not been repaired or recalibrated to the
manufacturer's specifications; or
(b) the advanced driver assistance system is inoperable.
(7) A violation described in Subsections (1) through (6) is a civil penalty of $500.
(8) (a) In addition to any other penalties, a purchaser may bring a civil action to recover
damages resulting from a seller's failure to provide notice under Subsection (6).
(b) The amount of damages that may be recovered in a civil action described in
Subsection (8)(a) is the greater of:
(i) the amount of the actual damages; or
(ii) $1,500.