Thursday, February 23, 2012

SB199 - A Push to Stop Curbstoning in Utah


Senate Bill 199 passed through the Senate Transportation Committee yesterday with a favorable recommendation.  This new bill being pushed by the Independent Auto Dealers Association of Utah (IADAU) will require all cars sold in Utah to require the name of the person selling the vehicle to appear on the title. Although this may seem detrimental to the used car dealer, there are exceptions placed in the bill language that exempt licensed car dealers as well as others allowing commerce to continue without delays and mishaps. 
The bill is being pushed as a curbstoning and tax evasion bill and will help eliminate those motor vehicle sales that occur from those buying and selling vehicles and not having them reported to MVED and the Utah State Tax Commission.  The language also includes stiff penalties for dealers and licensed salesman that are selling away from their dealership lots.
The IADAU is happy with the progress the bill has made so far and are looking forward to it moving on to the House of Representatives next week.   You can see the review the General Description and Highlighted Provisions below.  For the entire language and status of the bill visit the link below.
SB199 - Motor Vehicle Selling & Titling Requirements
LONG TITLE
General Description: This bill modifies the Motor Vehicle Code by amending provisions relating to selling and titling a motor vehicle.
Highlighted Provisions:
This bill:
  • provides definitions;
  • provides that upon the endorsement and assignment of a certificate of title, the same certificate of title may not be re-endorsed and reassigned to a new owner with exceptions;
  • provides that a person may not sell, offer for sale, or display for sale or exchange a motor vehicle unless the person is:
    • licensed under the Motor Vehicle Business Regulation Act;
    • the lienholder or owner of the vehicle;
    • a person who has lawfully repossessed the vehicle;
    • a holder of a statutory lien on the vehicle who is selling the vehicle through a motor vehicle auction;
    • a person lawfully donating a vehicle to a nonprofit charitable organization;
    • a non-profit charitable organization that receives donated vehicles and sells or disposes of them;
    • a person lawfully selling the person's immediate family member's vehicle; or
    • a personal representative, trustee, guardian, executor, administrator, sheriff,
    • government entity, or other person who sells a vehicle under the powers and duties granted or imposed by law;
  • requires a new owner of a transferred vehicle, vessel, or outboard motor to obtain a certificate of title with exceptions;
  • establishes penalties and fines for violating the provisions; and
  • makes technical changes.

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