Regular Session 2019-2020 House Bill 0632 P.N. 4052

SENATE AMENDED

PRIOR PRINTER'S NOS. 627, 1739, 3656

PRINTER'S NO. 4052

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

632

Session of

2019

INTRODUCED BY ROTHMAN, RYAN, BERNSTINE, KINSEY, RABB, IRVIN,

NEILSON AND KENYATTA, FEBRUARY 28, 2019

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 29, 2020

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, IN CERTIFICATE OF TITLE AND SECURITY INTERESTS,

FURTHER PROVIDING FOR APPLICATION FOR CERTIFICATE OF TITLE BY

AGENT; AND, in miscellaneous provisions, further providing

for odometer disclosure requirements.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 7134(a), (b)(2) and (d.1) of Title 75 of

the Pennsylvania Consolidated Statutes are amended and the

section is amended by adding subsections to read:

SECTION 1. SECTION 1119(A)(2) OF TITLE 75 OF THE

PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED BY ADDING A

SUBPARAGRAPH TO READ:

§ 1119. APPLICATION FOR CERTIFICATE OF TITLE BY AGENT.

(A) AUTHORIZATION TO MAKE APPLICATION.--

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(2) THE 90-DAY PROVISION CONTAINED IN PARAGRAPH (1)

SHALL NOT APPLY TO:

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(IV) IF THE 90TH DAY OCCURS DURING A DECLARATION BY

THE GOVERNOR OF DISASTER EMERGENCY UNDER 35 PA.C.S. §

7301(C) (RELATING TO GENERAL AUTHORITY OF GOVERNOR), A

LIMITED POWER OF ATTORNEY MAY BE USED FOR THE SALE,

PURCHASE OR TRANSFER OF MANUFACTURED HOMES DURING THE

PERIOD OF THE DISASTER EMERGENCY AND FOR 10 DAYS

FOLLOWING THE EXPIRATION OF THE DISASTER EMERGENCY.

* * *

SECTION 2. SECTION 7134(A), (B)(2) AND (D.1) OF TITLE 75 ARE

AMENDED AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO

READ:

§ 7134. Odometer disclosure requirements.

(a) Odometer mileage statement.--Prior to or simultaneously

with the execution of any ownership transfer document relating

to a motor vehicle, each transferor of a motor vehicle shall

furnish to the transferee a [written] statement signed by the

transferor containing the following information:

(1) The odometer reading at the time of transfer.

(2) The date of transfer.

(3) The transferor's name and current address.

(4) The transferee's name and current address.

(5) The identity of the vehicle, including its make,

year and body type and its complete vehicle identification

number.

(6) (i) A certification by the transferor that, to the

best of his knowledge, the odometer reading reflects the

actual miles or kilometers the vehicle has been driven;

(ii) if the transferor knows that the odometer

reading reflects the amount of mileage in excess of the

designed mechanical odometer limit of 99,999 miles or

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kilometers, he shall include a statement to that effect;

(iii) if the transferor knows that the odometer

reading differs from the number of miles or kilometers

the vehicle has actually traveled and that the difference

is greater than that caused by odometer calibration

error, he shall include a statement that the odometer

reading is not the actual mileage and should not be

relied upon.

The transferee shall acknowledge receipt of the disclosure

statement by signing it.

(b) Prohibitions.--

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(2) No transferee shall accept any [written] disclosure

required by any provision of this section if the disclosure

is incomplete.

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(d.1) Secure power of attorney, licensed dealers.--The

department shall permit a licensed dealer to use a secure power

of attorney to transfer a vehicle when the certificate of title

is encumbered with a lien or , the title has been lost by the

transferer TRANSFEROR and the licensed dealer is applying for a

duplicate title OR THE MANUFACTURER CERTIFICATE OF ORIGIN FOR A

NEW VEHICLE IS IN POSSESSION OF THE LIENHOLDER. Prior to

transferring the vehicle, the dealer shall obtain from the

transferor a secure power of attorney authorizing the dealer to

transfer to the title all information pertaining to odometers

that is required to be disclosed by this title and Federal law,

in lieu of the transferor providing such information on the

certificate of title. In addition to any other documents

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required by the department, the dealer shall submit to the

department the following:

(1) If the transferred vehicle is a retail sale and is

to be titled in this Commonwealth, the dealer shall submit

the secure power of attorney attached to the application for

title, along with the certificate of title and the

established fee.

(2) If the transferred vehicle is to be titled outside

of this Commonwealth, the dealer shall submit to the

department the secure copy of the secure power of attorney

attached to a copy of the certificate of title and the

established fee.

(3) If the transferred vehicle is to be transferred to

another licensed dealer, the first transferor dealer shall

submit to the department the secure copy of the secure power

of attorney attached to a copy of the certificate of title

and the established fee.

Additional transfers between licensed dealers shall be permitted

in accordance with section 1113 (relating to transfer to or from

manufacturer or dealer). No more than one secure power of

attorney shall be utilized with the certificate of title during

this authorized transfer process. Upon application for

certificate of title, the secure power of attorney utilized to

verify odometer information when the vehicle was encumbered with

a lien shall be submitted with the certificate of title.

(d.2) Secure power of attorney, insurance companies.--The

department shall permit an insurer as defined in section 1702

(relating to definitions) to use a secure power of attorney to

transfer a salvage vehicle when the certificate of title is

encumbered with a lien or , when the title has been lost by the

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transferor and the insurer is applying for a duplicate title . OR

WHEN THE MANUFACTURER CERTIFICATE OF ORIGIN FOR A NEW VEHICLE IS

IN POSSESSION OF THE LIENHOLDER. The power of attorney need not

be notarized and may be signed electronically. The insurer is

responsible for ensuring the power of attorney complies with the

requirements of 15 U.S.C. § 7001 et seq. (relating to electronic

signatures in global and national commerce), the requirements of

49 U.S.C. § 32705 (relating to disclosure requirements on

transfer of motor vehicles) and any requirements imposed by the

Commonwealth. The department may, at its sole discretion, permit

the use of a secure power of attorney as described in this

subsection for the transfer of other vehicles in addition to

salvage vehicles. If the secretary of the United States

Department of Transportation promulgates regulations regarding

the use of a power of attorney as described in this subsection,

those regulations will supersede this subsection in accordance

with 49 U.S.C. § 32705(g).

(d.3) Certification.--Nothing in this section shall require

the department to certify an electronic signature process or an

electronic signature process vendor before accepting a power of

attorney that is executed with an electronic signature.

(d.4) Electronic secure power of attorney.--The department

may, at its sole discretion, permit the use of a secure power of

attorney signed electronically as described in subsection (d.2)

for the transfer of vehicles by licensed dealers.

* * *

Section 2 3. This act shall take effect in 60 90 days. AS

FOLLOWS:

(1) THE FOLLOWING SHALL TAKE EFFECT IMMEDIATELY:

(I) THE ADDITION OF 75 PA.C.S. § 1119(A)(2)(IV).

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(II) THIS SECTION.

(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 90

DAYS.

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