[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 164 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 164

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 7, 2009

  Mr. Ensign 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 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) theft and recovery; 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, 1 or more airbags were deployed.
            ``(2) Time for disclosure.--The Secretary shall require the 
        disclosure described in paragraph (1) to be made not later 
        than--
                    ``(A) the date on which the insurer terminates 
                coverage on the vehicle due to the total loss of the 
                vehicle; or
                    ``(B) the date on which the self-insurer determines 
                the vehicle to be a total loss.
            ``(3) Vehicles to which disclosure requirement applies.--
                    ``(A) Insurers.--Paragraph (1) applies to a 
                declaration of total loss by an insurer for any 
                passenger motor vehicle with respect to which--
                            ``(i) the insurer obtains from an insured 
                        pursuant to a settlement resulting in the 
                        termination of the current coverage by the 
                        insurer for that vehicle;
                            ``(ii) the insurer permits the insured to 
                        retain pursuant to a settlement resulting in 
                        the termination of the current coverage by the 
                        insurer for that vehicle; or
                            ``(iii) 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 
                determination of total loss by a self-insurer 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.--
                    ``(A) In general.--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.
                    ``(B) Lookup identifier.--The Secretary shall 
                ensure that all total loss data disclosed in accordance 
                with subparagraph (A) 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, as added by subsection (a), not later than 1 year after the date 
of the enactment of this Act.
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