[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3707 Introduced in Senate (IS)]


109th CONGRESS
  2d Session
                                S. 3707

   To improve consumer access to passenger vehicle loss data held by 
                               insurers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2006

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

_______________________________________________________________________

                                 A BILL


 
   To improve consumer access to passenger vehicle loss data held by 
                               insurers.

    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 ``Passenger Vehicle Loss Disclosure 
Act''.

SEC. 2. DISCLOSURE OF TOTAL LOSS DATA.

    (a) In General.--Section 32303 of title 49, United States Code, is 
amended by adding at the end thereof the following:
    ``(d) Disclosure of Loss Data for Passenger Motor Vehicles.--
            ``(1) Specific total loss data to be disclosed.--The 
        Secretary of Transportation shall by regulation require all 
        insurers and self-insurers of passenger motor vehicles to 
        disclose to the public in a commercially reasonable, 
        electronically accessible manner the following information for 
        every passenger motor vehicle described in paragraph (3) that 
        has been declared a total loss by such an insurer or determined 
        to be a total loss by such a self-insurer:
                    ``(A) The vehicle identification number of the 
                vehicle.
                    ``(B) The date of declaration or determination of 
                the total loss.
                    ``(C) The odometer reading on the date of the 
                declaration or determination of total loss.
                    ``(D) A statement as to whether the primary reason 
                for the declaration or determination of total loss is--
                            ``(i) flood or water damage;
                            ``(ii) collision or fire damage;
                            ``(iii) stolen and recovered; or
                            ``(iv) some other reason.
                    ``(E) A statement as to whether, as a result of the 
                incident that prompted the declaration or determination 
                of total loss, one or more airbags were deployed.
            ``(2) When disclosed.--The Secretary shall require the 
        disclosure to be made no later than--
                    ``(A) when the insurer terminates coverage on the 
                vehicle due to its total loss; or
                    ``(B) when the self-insurer determines the vehicle 
                to be a total loss.
            ``(3) Vehicles to which disclosure requirement applies.--
                    ``(A) Insurers.--Paragraph (1) applies to an 
                insurer's declaration of total loss for any passenger 
                motor vehicle--
                            ``(i) which the insurer obtains from an 
                        insured pursuant to a settlement resulting in 
                        the termination of the insurer's current 
                        coverage for that vehicle;
                            ``(ii) which the insurer permits the 
                        insured to retain pursuant to a settlement 
                        resulting in the termination of insurer's 
                        current coverage for that vehicle; and
                            ``(iii) if not described in clause (i) or 
                        (ii), for which the insurer terminates coverage 
                        following the theft of, damage to, or other 
                        circumstances that adversely affect the fair 
                        market value of that vehicle.
                    ``(B) Self-insurers.--Paragraph (1) applies to a 
                self-insurer's determination of total loss for any 
                passenger motor vehicle that the self-insurer 
                determines has sustained sufficient damage to be a 
                total loss.
            ``(4) Application with state laws.--The disclosure required 
        by this subsection applies without regard to whether--
                    ``(A) the insurer or self-insurer obtains a 
                certificate of title for the passenger motor vehicle 
                under State motor vehicle titling law;
                    ``(B) the insurer or self-insurer obtains a branded 
                certificate of title for a passenger motor vehicle 
                under State motor vehicle titling law to connote the 
                type of damage or condition conveyed by the disclosure 
                of total loss data;
                    ``(C) the insurer or self-insurer files any other 
                notification with a State motor vehicle titling agency 
                with respect to the passenger motor vehicle; or
                    ``(D) the insurer or self-insurer disposes of or 
                receives proceeds from the disposition of a passenger 
                motor vehicle upon termination of coverage following 
                the theft of, damage to, or other circumstances that 
                adversely affect the fair market value of that vehicle.
            ``(5) Use of private sector resources.--The Secretary shall 
        rely on the private sector to collect, aggregate, and disclose 
        to the public the data required to be disclosed under this 
        subsection. The Secretary shall, however, ensure that all total 
        loss data required to be disclosed under this subsection is 
        accessible by vehicle identification number.
            ``(6) Liability protection for public disclosure.--Any 
        person performing any activity related to the public disclosure 
        of the data under this subsection in good faith and with the 
        reasonable belief that such activity was in accordance with 
        this subsection shall be immune from any civil action 
        respecting such activity seeking money damages or equitable 
        relief in any court of the United States or of a State.
            ``(7) Definitions.--In this subsection:
                    ``(A) Passenger motor vehicle.--The term `passenger 
                motor vehicle' means a motor vehicle with motive power 
                designed for carrying 10 or fewer persons, including 
                multipurpose passenger vehicles, light trucks and 
                motorcycles, but not including trailers.
                    ``(B) Self-insurer.--The term `self-insurer' means 
                a person that retains all or part of the risk of loss 
                with respect to passenger motor vehicles it owns 
                instead of using an insurer.''.
    (b)  Regulations.--The Secretary of Transportation shall promulgate 
the regulations required by section 32303(d) of title 49, United States 
Code, within 1 year after the date of enactment of this Act.D23/
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