[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 485 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 485

To amend the Motor Vehicle Information and Cost Savings Act to require 
                    motor vehicle damage disclosure.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 3, 1993

 Mr. Pressler introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend the Motor Vehicle Information and Cost Savings Act to require 
                    motor vehicle damage disclosure.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Automobile Damage Consumer 
Protection Act of 1993''.

SEC. 2. MOTOR VEHICLE DAMAGE DISCLOSURE REQUIREMENTS.

    The Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1901 
et seq.) is amended by inserting at the end the following new title:

              ``TITLE VII--DAMAGE DISCLOSURE REQUIREMENTS

``SEC. 701. DAMAGE DISCLOSURE STATEMENT.

    ``(a) In General.--Not later than 90 days after the date of 
enactment of this section, the Secretary shall issue such regulations 
as may be necessary to require, prior to the transfer of title of a 
motor vehicle in any State, that the person transferring such vehicle 
disclose to the transferee, in writing, any damage to the motor 
vehicle, which occurred during the time such person owned the motor 
vehicle, if the cost to repair the motor vehicle to its predamaged 
condition exceeded, or will exceed, $1,000 at the time of the transfer 
of title. A copy of the damage disclosure statement shall be submitted 
by such person to the motor vehicle department of the State issuing the 
title.
    ``(b) Specific Guidelines.--In carrying out the provisions of 
subsection (a), the Secretary shall require, in addition to the damage 
disclosure statement required by subsection (a), that each certificate 
of title issued by a State on or after the date of enactment of this 
section include--
            ``(1) an area for a damage disclosure form, which shall be 
        located on the back of each certificate of title;
            ``(2) each certificate of title shall also contain on its 
        front a statement as to whether previous damage disclosure 
        statements indicate the motor vehicle had been damaged at one 
        time in excess of $1,000;
            ``(3) a damage disclosure form, which will enable the 
        person transferring the vehicle to disclose to the transferee 
        any damage to the motor vehicle that must be disclosed under 
        the provisions of subsection (a);
            ``(4) a diagram of a motor vehicle on which any damage to 
        the motor vehicle that must be disclosed under the provisions 
        of subsection (a) is to be indicated by circling the damaged 
        area(s) on the diagram; and
            ``(5) a written statement indicating that damage disclosure 
        is a requirement of Federal law.
    ``(c) Uniform Certificates of Title.--Not later than 180 days after 
the date of enactment of this section, the Secretary shall prescribe by 
rule the form and content of all certificates of title.

``SEC. 702. FAILURE TO REPAIR.

    ``In carrying out the provisions of this title, the Secretary shall 
provide that the failure to repair a damaged motor vehicle to its 
predamaged condition, when the cost of such repairs would have exceeded 
$1,000, shall not exempt any person from the damage disclosure 
requirements of this title.

``SEC. 703. RECORD-KEEPING REQUIREMENT.

    ``In carrying out the provisions of this title, the Secretary shall 
require each State to establish and maintain records of all damage 
disclosure statements submitted to the State in accordance the 
provisions of section 701(a). The State shall include these statements 
in the title history of the motor vehicles indicated in such 
statements.

``SEC. 704. CERTAIN VEHICLES EXEMPTED.

    ``The regulations promulgated pursuant to section 701(a) shall not 
apply to any motor vehicle that--
            ``(1) is more than 9 model years old at the time of 
        transfer of title; or
            ``(2) has a gross weight in excess of 16,000 pounds.

``SEC. 705. CRIMINAL PENALTIES.

    ``(a) In General.--Any person who knowingly and willfully commits 
any act or causes to be done any act that violates any provision of 
this title or knowingly and willfully omits to do any act or causes to 
be omitted any act that is required by any such provision shall be 
guilty of a Class A misdemeanor, as defined in section 3559 of title 
18, United States Code, and shall be punished in accordance with the 
provisions of that section.
    ``(b) Repeat Offenders.--In the case of a person's second or 
subsequent conviction under subsection (a), such person shall be guilty 
of a Class E felony, as defined in section 3559 of title 18, United 
States Code, and shall be punished in accordance with the provisions of 
that section.

``SEC. 706. CIVIL PENALTIES.

    ``(a) In General.--Any person who violates any provision of this 
title shall be subject to a civil penalty of not more than $2,000 for 
each such violation. A violation of this title shall, for purposes of 
this section, constitute a separate violation with respect to each 
motor vehicle or device involved, except that the maximum civil penalty 
shall not exceed $100,000 for any related series of violations.
    ``(b) Proceedings.--Any civil penalty under this section shall be 
assessed by the Secretary and collected in a civil action brought by 
the Attorney General on behalf of the United States. Before referral of 
civil penalty claims to the Attorney General, civil penalties may be 
compromised by the Secretary after affording the person charged with a 
violation of any section of this title an opportunity to present views 
and evidence in support thereof to establish that the alleged violation 
did not occur.
    ``(c) Amount of Penalty.--In determining the amount of the civil 
penalty referred to in subsection (a), the Secretary shall consider--
            ``(1) with respect to the person found to have committed 
        the violation--
                    ``(A) the person's degree of culpability;
                    ``(B) any history of prior offenses;
                    ``(C) the person's ability to pay the penalty; and
                    ``(D) the potential effect of the penalty on the 
                person's ability to continue to do business;
            ``(2) with respect to the violation committed--
                    ``(A) the nature of the violation;
                    ``(B) the circumstances of the violation;
                    ``(C) the extent of the violation; and
                    ``(D) the gravity of the violation; and
            ``(3) such other matters as justice may require.

``SEC. 707. DEFINITIONS.

    ``(a) Certificate of Title.--For the purposes of this title, the 
term `certificate of title' means a document issued by a State 
evidencing ownership of a motor vehicle.
    ``(b) Cost.--For the purposes of this title, the term `cost' means 
the costs of all parts, frame work, paint and labor.
    ``(c) Damage.--For the purposes of the damage disclosure statement 
required by section 701(a), the term `damage' means damage to the motor 
vehicle caused by theft, fire, vandalism, collision, weather, 
submersion in water, or flood. This term does not include normal wear 
and tear, glass damage, mechanical repairs or electrical repairs that 
have not been caused by theft, fire, vandalism, collision, weather, 
submersion in water, or flood.
    ``(d) Motor Vehicle.--For the purposes of this title, the term 
`motor vehicle' means an automobile or a motor truck. This term does 
not include motorcycles or mopeds.
    ``(e) Person.--For the purposes of this title, the term `person' 
includes any manufacturer, distributor, dealer, corporation, or other 
legal entity or individual.''.

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