This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.
Amend SB 1507 as follows:
1) On page 2, line 23 strike all of subsection (e) and
substitute with the following:
(e) A signed and dated written odometer disclosure containing
the information described in this subsection (e) may be included on
or with the power of attorney if the power of attorney is executed
within one hundred and twenty days before the date of the transfer
and is accompanied by the conspicuous written notification
described in this subsection. If an odometer disclosure is not
obtained in that manner, the transferee or agent or the person to
whom the vehicle is delivered at the time of the transfer shall
request an odometer disclosure as provided in this subsection (e).
Not more than one hundred and twenty days before the transfer of the
vehicle by the owner, the transferee or agent under the power of
attorney or person receiving delivery of the vehicle shall in
writing request the owner to provide a signed and dated written
statement stating the odometer reading (not to include tenths of a
mile) as of the date of the statement, and further stating words to
the effect that either: (i) to the best of the owner's knowledge,
the odometer reading reflects the actual mileage of the vehicle, or
(ii) the actual mileage has gone over the odometer's mechanical
limits and the odometer reading reflects the amount of mileage in
excess of the mechanical limits of the odometer, if the owner knows
that to be the case, or (iii) the odometer reading is not the actual
mileage, if the owner knows that to be the case. The statement may
consist of a form in which the agent or transferee or person
receiving the vehicle includes the identification of the vehicle
and owner and which allows the owner to fill in the odometer reading
and mark an applicable box to indicate which of condition (i), (ii)
or (iii) is applicable and to date and sign the statement. With the
request for the owner's statement, the transferee or agent or
person receiving the vehicle shall provide a written notification
to the owner to the effect that the owner has a duty under law to
state the odometer reading, state which of conditions (i), (ii) or
(iii) is applicable, and sign, date and return the statement, and
that failing to do so or providing false information may result in
fines or imprisonment. Unless the written notification is
delivered to the owner at substantially the same time that the owner
is delivering the signed and dated owner's statement, the written
notification must also state a date by which the owner must provide
this information and an address to which it may be delivered. This
written notification to the owner must be in bold letters,
underlined or otherwise conspicuous, and may be in a separate
document or included as part of a form to be used for the owner's
statement or in another document relating to the potential
transfer. The transferee or agent or the person receiving delivery
of the vehicle may mail the request and notification to the last
known address of the owner or may otherwise send or deliver it to
the owner. If there are multiple owners of the same vehicle, the
request and notification may be sent to one or more of them and it
shall be sufficient for one owner to sign the statement. The owner
has a duty to return the signed and dated statement as directed in
the notification. In completing the odometer disclosure on the
owner's behalf, the agent shall identify the same condition (i),
(ii) or (iii) provided in the owner's statement, unless the agent
knows that the condition identified in the owner's statement is not
correct. The agent will not indicate in the odometer disclosure it
completes on the owner's behalf that the odometer reading is not the
actual mileage unless either the owner has so indicated in the
owner's statement or the agent knows that the owner's statement is
not correct. The agent shall transmit the owner's statement it
receives to the transferee after the title transfer is completed.
The owner's statement received by the transferee under this
subsection (e) need not be filed with the filing office for the
other title documents, but the transferee shall retain the owner's
statement for a time period and in a similar manner to the retention
methods used by a lessor to retain statements under 49 C.F.R. §
580.8(b) as it may from time to time be amended. The transferee may
rely upon the agent's odometer disclosure and the owner's statement
unless it knows that they are not correct. A failure by an owner to
comply with an obligation under this subsection (e) subjects the
owner to the penalties and enforcement provisions of Subchapter H
of this Chapter, but does not affect the validity of the transfer of
title.