Legislative Update

Legislative Update | June 2020

Published June 24, 2020 - Written by IAA, Inc.

Summary

IAA, Inc. is dedicated to being pro-active when monitoring legislative and regulatory matters that affect our customers and our industry. We believe being engaged with the legislative process is critical to the auto auction industry to promote responsible business conduct and continued healthy expansion. IAA works with lobbyists, insurance companies and other industry participants towards seeing our customers’ needs are met when it comes to legislative matters that may affect the industry.

New Bills

Missouri House Bill 1963 Passed both houses and it is awaiting Governor’s approval.

This bill includes IAA’s language from House Bill 1952/Senate Bill 820 related to salvage vehicles abandoned at salvage pools. The bill provides a process for a salvage pool to obtain a salvage title for a vehicle that had remained unclaimed at the salvage pool’s facility for more than thirty days for which the insurer did not pay a total loss claim.

In addition, the bill provides a process for an insurer to obtain a title for a vessel if the insurer paid a total loss claim but is unable to obtain the certificate of title or other acceptable evidence of title from the vehicle owner or lienholder. The process is the same as the current process insurers follow to obtain a title for a motor vehicle when the certificate of title is unavailable.

Finally, the bill allows a vehicle dealer to deliver the title to the purchaser within 30 days after delivery of the vehicle. If the purchaser has not been provided with a properly assigned title, the purchaser may use a dealer-supplied copy of the purchase agreement to transfer his or her ownership of the vehicle to an insurance company in situations where the vehicle has been declared salvage or a total loss by the insurance company as a result of a settlement of a claim. Such insurance company may apply for a salvage certificate of title or junking certificate under subsection 3 of section 301.193 (the alternative title process).

IAA Position: Support

View Bill (see sec. 301.193 on pages 36-41)

Ohio House Bill 339

Amended June 9, 2020

Among other changes, the bill allows insurance companies to receive title to a salvage vehicle by signing certain related documents electronically. The documents that may be signed electronically are:

The certificate of title, any supporting power of attorney, or application for a salvage certificate of title;

An application for a salvage certificate of title without the insurer having the certificate of title or a signature on the certificate of title within the prescribed deadline.

IAA Position: Support

View Bill

Enacted Legislation

Mississippi Senate Bill 2301

Effective July 1, 2020

Under current law, the alternative title process was about to expire as of July 1, 2020. This act removed subsection 9, which would have repealed this process after July 1, 2020.

IAA Position: IAA supports the legislation.

View Bill

Tennessee Senate Bill 1597

Effective October 1, 2020

This act allows an insurance company, which is unable to obtain the properly endorsed certificate of ownership within 30 calendar days following the acceptance by the owner of an offer of an amount in settlement of a total loss, to request a salvage certification for the vehicle. The request must include written confirmation that the insurance company has paid the claim and that the requester has made at least 2 written attempts via commercial delivery service with evidence of delivery to the last known address of the owner to obtain the certificate of ownership or other acceptable evidence of title.

IAA Position: IAA supports legislation that allows alternative title process for insurers.

View Bill