BP BHEAD INT S [atlas:bill]

AN ACT Relating to identifying rebuilt vehicles; amending RCW 46.12.005 and 46.12.075; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. In 1996, the legislature acknowledged the danger of the public not knowing that vehicles they own may have been rebuilt from salvage. The 1996 legislature responded by mandating that vehicles rebuilt from salvage be branded with words indicating that the vehicle had been totaled. While the branding program has been effective, the law only impacts vehicles that have been declared totaled inside Washington state. It is the intent of this act to extend the law to vehicles that have been declared totaled outside of the state.

Sec. 2. RCW 46.12.005 and 1996 c 26 s 1 are each amended to read as follows:

The definitions set forth in this section apply throughout this chapter.

(1) The words "delivery," "notice," "send," and "security interest" have the same meaning as these terms are defined in RCW 62A.1-201; the word "secured party" has the same meaning as this term is defined in RCW 62A.9‑105.

(2) A vehicle is a "salvage vehicle" ((~~means~~)) when:

(a) A vehicle's ((~~whose~~)) certificate of ownership has been surrendered to the department under RCW 46.12.070 due to the vehicle's destruction or declaration as a total loss; or ((~~for which~~))

(b) There is documentation indicating that the vehicle has been declared salvage or has been damaged to the extent that the owner, an insurer, or other person acting on behalf of the owner, has determined that the cost of parts and labor plus the salvage value has made it uneconomical to repair the vehicle; or

(c) A vehicle has been previously declared a total loss as reported to the National Insurance Crime Bureau, or an equivalent organization.

The term does not include a motor vehicle having a model year designation of a calendar year that is at least six years before the calendar year in which the vehicle was wrecked, destroyed, or damaged.

Sec. 3. RCW 46.12.075 and 1996 c 26 s 3 are each amended to read as follows:

(1) Effective January 1, 1997, the department shall issue a unique certificate of ownership and certificate of license registration, as required by chapter 46.16 RCW, for vehicles that are rebuilt after becoming a salvage vehicle, as defined in RCW 46.12.005. Each certificate shall conspicuously display across its front, a word indicating that the vehicle was rebuilt.

(2) ((~~Beginning January 1, 1997,~~)) Upon inspection of a ((~~salvage~~)) vehicle ((~~that has been rebuilt~~)), as required under RCW 46.12.030, if the state patrol determines that a vehicle has been declared salvage as defined in RCW 46.12.005, the state patrol shall securely affix or inscribe a marking at the driver's door latch pillar indicating that the vehicle has previously been destroyed or declared a total loss.

(3) It is a class C felony for a person to remove the marking prescribed in subsection (2) of this section.

(4) ((~~The department may adopt rules as necessary to implement this section.~~)) No later than July 1, 2002, the department and the state patrol shall each deliver a report to the legislature. The report shall contain:

(a) The number of vehicles inspected which were declared to be salvage under RCW 46.12.005 between January 1, 2001, and December 31, 2001, and whether the designation is the result of RCW 46.12.005(2) (a) through (c); and

(b) The amount of vehicles that were defined as salvage under RCW 46.12.005 between January 1, 2001, and December 31, 2001, but did not have their title or vehicle branded as required under this section, and the reasons why.