North Carolina 2017-2018 Session Status: Enacted Bipartisan · 1 R · 1 D cosponsors

SB 412 — Abandoned Vehicles/Charities.

Last action — Signed by Gov. 6/22/2018

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 28, 2017. Enacted.

Prognosis

Likely to advance 92% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    0 primary, 3 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (1 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

29 added · 216 removed

Plain-language change summary

The recent changes to Senate Bill 412 include the addition of details about the sponsors and the legislative session, while removing some reference lines related to the bill's filing. These changes help clarify the bill's sponsorship and its timeline, making it easier for the public and lawmakers to track its progress and understand who is advocating for it. Essentially, this matters because clear information fosters transparency and accountability in the legislative process.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 2 SENATE BILL 412 House Committee Substitute Favorable 6/5/18 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 1 SENATE BILL 412 Short Title:
Abandoned Vehicles/Charities.
Improve Process/Sale of Unclaimed Vehicles.
Senators B.
Jackson (Primary Sponsor);
Rabin and Waddell.
March 29, 2017 A BILL TO BE ENTITLED AN ACT TO PROVIDE A PROCESS FOR USED MOTOR VEHICLE DEALERS TO DISPOSE OF ABANDONED VEHICLES RECEIVED FROM CHARITABLE ORGANIZATIONS.
Rules and Operations of the Senate March 29, 2017 A BILL TO BE ENTITLED AN ACT TO REQUIRE THE DIVISION OF MOTOR VEHICLES TO MAKE AVAILABLE ON ITS WEB SITE FORMS NECESSARY FOR A PERSON TO SELL AN UNCLAIMED MOTOR VEHICLE AND TO ALLOW THE ELECTRONIC SUBMISSION OF THOSE.
Chapter 20 of the General Statutes is amended byadding a new section to read:
"§ 20-109.3.
Disposition of vehicles abandoned by charitable organizations.
(a) If a charitable organization operating under section 501(c)(3) of the Internal Revenue Code (26 U.S.C.
§ 501(c)(3)) requests a licensed used motor vehicle dealer, whose primary business is the sale of salvage vehicles on behalf of insurers or charitable organizations, to take possession of a donated vehicle that is currently titled in this State, and the vehicle title is not provided to the used motor vehicle dealer at the time of donation or within 10 days of the donation, then the following provisions apply:
(1) The used motor vehicle dealer receivingthe vehicle on behalf of the charitable organization shall send notice to the last registered owner and any reasonably ascertainable lienholders of the vehicle informing the owner or lienholder that the vehicle has been donated to the named charitable organization.
The notice shall set forth the current location of the vehicle, the name of the charitable organization to which the vehicle was donated, and the name of the vehicle donor.
The notice shall inform the owner or lienholder that, if the owner or lienholder objects to the donation of the vehicle, the owner or lienholder has 30 days from the date of the notice to provide proof of ownership and reclaim the vehicle from the used motor vehicle dealer at no charge.
Notice under this subdivision must be sent by certified mail or by another commercially available deliveryservice providing proof of delivery to the address on record with the Division.
(2) If the owner or any lienholder of the vehicle receives notice but fails to object to thedonation andpickupthevehiclewithin30days, anyclaim to thevehicle by the owner or lienholder is considered abandoned, the certificate of title to the vehicle is deemed to be transferred to the charitable organization by the owner, and the lien is deemed to be extinguished.
The charitable organization, or the used motor vehicle dealer acting on its behalf through a power of attorney, maythen execute an application for duplicate title with transfer upon payment of any applicable fees.
The application for duplicate title with transfer shall be accompanied by a copy of the written donation statement, a *S412-v-2* General Assembly Of North Carolina Session 2017 copy of the notice required by subdivision (1) of this subsection, and proof of delivery of the notice sent to the owner and any lienholder.
If the application is being executed by the used motor vehicle dealer on behalf of the charitable organization, a copy of the power of attorney shall also be submitted with the application.
(3) Upon receipt of an application for duplicate title with transfer, any additional documentation required under subdivision (2) of this subsection, and payment of required fees, the Division shall issue a title to the donated vehicle in the name of the charitable organization and mail the title, free and clear of any liens, to the used motor vehicle dealer possessing the vehicle.
(4) If the notice required under subdivision (1) of this subsection is not received orisreturnedasundeliverable,theusedmotorvehicledealermayfileaspecial proceeding to obtain an order allowing the vehicle to be sold.
In such a proceeding, the used motor vehicle dealer mayinclude more than one vehicle.
(5) If the donated vehicle is not currently titled in this State, does not appear in the Division's records, or the owner and any lienholders are not otherwise reasonably ascertainable for any reason, the used motor vehicle dealer may institute a civil action in the county where the vehicle is being held for authorization to sell that vehicle as salvage on behalf of the charitable organization.
In such a proceeding, the used motor vehicle dealer mayinclude more than one vehicle.
If the court enters an order authorizing the sale of the vehicle, upon proper application and payment of the appropriate taxes and fees, the Division shall issue a salvage branded title to the person who purchases the vehicle at a subsequent sale.
(b) Any person that provides false information to the Division in conjunction with the sale of a charity vehicle or otherwise violates this section with the intent to defraud any person shall be guilty of a Class 2 misdemeanor.
(c) No person shall have a cause of action against the Division arising from the issuance of a title pursuant to this section, and the Division shall not be held liable for any damages arising from the transfer or subsequent operation of any vehicle titled or sold pursuant to this section." SECTION 2.
20-75 reads as rewritten:
20-77(d) reads as rewritten:
"§ 20-75.
"(d) An operator of a place of business for garaging, repairing, parking or storing vehicles for the public in which a vehicle remains unclaimed for 10 days, or the landowners upon whose property a motor vehicle has been abandoned for more than 30 days, shall, within five days after the expiration of that period, report the vehicle as unclaimed to the Division.
When transferee is dealer a charitable organization, dealer, or insurance company.
Failure to make suchthe report shall constitute a Class 3 misdemeanor.
When the A transferee of a vehicle registered under this Article is:is not required to register the vehicle or forward the certificate of title to the Division as provided in G.S.
Persons who are required to make this report and who fail to do so within the time period specified may collect other charges due but may not collect storage charges for the period of time between when they were required to make this report and when they actually did send the report to the Division by certified mail.
20-73 when the transferee is any of the following:
Any vehicle which remains unclaimed after report is made to the Division may be sold by suchthe operator or landowner in accordance with the provisions relating to the enforcement of liens and the application of proceeds of sale of Article 1 of Chapter 44A.
(1) A dealer who is licensed under Article 12 of this Chapter and who holds the vehicle for resale;
The Division shall make all forms required by the Division to effectuate a sale under this subsection available on the Division's Web site, and the Division shall allow for the electronic submission of these forms.
orresale.
Any form required by the Division to effectuate a sale under this subsection that requires a signature may be submitted with an electronic signature in accordance with Article 40 of Chapter 66 of the General Statutes." SECTION 2.
(2) An insurance company taking the vehicle for sale or disposal for salvage purposes where the title is taken or requested as a part of a bona fide claim settlement transaction and only for the purpose of resale,resale.
This act becomes effective July 1, 2017.
(3) A charitable organization operating under section 501(c)(3) of the Internal Revenue Code (26 U.S.C.
*S412-v-1*
§ 501(c)(3)) and the vehicle was donated to the charitable organization solely for purposes of resale by the charitable organization.
the transferee shall not be required to register the vehicle nor forward the certificate of title to the Division as provided in G.S.
20-73.
To assign or transfer title or interest in the vehicle, the dealer charitable organization, dealer, or insurance company shall execute, in the presence of a person authorized to administer oaths, a reassignment and warranty of title on the reverse of the certificate of title in the form approved by the Division, which shall include the name and address of the transferee.
Show all 124 changed rows (84 more)
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The title to the Page 2 Senate Bill 412-Second Edition General Assembly Of North Carolina Session 2017 vehicle shall not pass or vest until the reassignment is executed and the motor vehicle delivered to the transferee.
The dealer transferring title or interest in a motor vehicle shall deliver the certificate of title duly assigned in accordance with the foregoing provision to the transferee at the time of delivering the vehicle, except:
(1) Where a security interest in the motor vehicle is obtained from the transferee in payment of the purchase price or otherwise, the dealer shall deliver the certificate of title to the lienholder and the lienholder shall forward the certificate of title together with the transferee's application for new certificate of title and necessary fees to the Division within 20 days;
or (2) Where the transferee has the option of cancelling the transfer of the vehicle within 10 days ofdeliveryofthe vehicle,the dealershall deliverthe certificate of title to the transferee at the end of that period.
Delivery need not be made if the contract for sale has been rescinded in writing by all parties to the contract.
Any person who delivers or accepts a certificate of title assigned in blank shall be guilty of a Class 2 misdemeanor.
The title to a salvage vehicle shall be forwarded to the Division as provided in G.S.
20-109.1, except with respect to the title of any salvage vehicle transferred pursuant to G.S.
20-109.1(b)(2) or G.S.
20-109.1(e1)." SECTION 3.
G.S.
20-286(11)b.
reads as rewritten:
"b.
The term "motor vehicle dealer" or "dealer" does not include any of the following:
1.
Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under the judgment or order of any court.
2.
Public officers while performing their official duties.
3.
Persons disposing of motor vehicles acquired for their own use or the use of a family member, and actually so used, when the vehicles have been acquired and used in good faith and not for the purpose of avoiding the provisions of this Article.
4.
Persons who sell motor vehicles as an incident to their principal business but who are not engaged primarily in the selling of motor vehicles.
This category includes financial institutions who sell repossessed motor vehicles and insurance companies who sell motor vehicles to which they have taken title as an incident of payments made under policies of insurance, and auctioneers who sell motor vehicles for the owners or the heirs of the owners of those vehicles as part of an auction of other personal or real property or for the purpose of settling an estate or closing a business or who sell motor vehicles on behalf of a governmental entity, and who do not maintain a used car lot or building with one or more employed motor vehicle sales representatives.
5.
Persons manufacturing, distributing or selling trailers and semitrailers weighing not more than 2,500 pounds unloaded weight.
6.
A licensed real estate broker or salesman who sells a mobile home for the owner as an incident to the sale of land upon which the mobile home is located.
Senate Bill 412-Second Edition Page 3 General Assembly Of North Carolina Session 2017 7.
An employee of an organization arranging for the purchase or lease by the organization of vehicles for use in the organization's business.
8.
Any publication, broadcast, or other communications media when engaged in the business of advertising, but not otherwise arranging for the sale of motor vehicles owned by others.
9.
Any person dealing solely in the sale or lease of vehicles designed exclusively for off-road use.
10.
Any real property owner who leases any interest in property for use by a dealer.
11.
Any person acquiring any interest in a motor vehicle for a family member.
12.
Any auctioneer licensed pursuant to Chapter 85B of the General Statutes employed to be an auctioneer of motor vehicles for a licensed motor vehicle dealer, while conducting an auction for that dealer.
13.
Any charitable organization operating under section 501(c)(3) of the Internal Revenue Code (26 U.S.C.
§ 501(c)(3)) where the vehicle was donated to the charitable organization solely for purposes of resale by the charitable organization." SECTION 4.
G.S.
20-294(2) reads as rewritten:
"(2) Willfully and intentionally failing to comply with this Article, Article 15 of this Chapter, or G.S.
20-52.1, 20-75, 20-79.1, 20-79.2, 20-108, 20-109, 20-109.3, or a rule adopted by the Division under this Article." SECTION 5.
G.S.
105-187.6(a) reads as rewritten:
"§ 105-187.6.
Exemptions from highway use tax.
(a) Full Exemptions.
– The tax imposed by this Article does not apply when a certificate of title is issued as the result of a transfer of a motor vehicle:
(1) To(i)theinsurerofthemotorvehicleunderG.S.
20-109.1 becausethevehicle is a salvage vehicle or (ii) a used motor vehicle dealer under G.S.
20-109.1 because the vehicle is a salvage vehicle that was abandoned.
(2) Toeitheramanufacturer, as definedin G.S.
20-286,oramotorvehicleretailer for the purpose of resale.
(3) To the same owner to reflect a change or correction in the owner's name.
(3a) To one or more of the same co-owners to reflect the removal of one or more other co-owners, when there is no consideration for the transfer.
(4) By will or intestacy.
(5) By a gift between a husband and wife, a parent and child, or a stepparent and a stepchild.
(6) By a distribution of marital or divisible property incident to a marital separation or divorce.
(7) Repealed by Session Laws 2009-445, s.
16, effective August 7, 2009.
(8) To a local board of education for use in the driver education program of a public school when the motor vehicle is transferred:
a.
By a retailer and is to be transferred back to the retailer within 300 days after the transfer to the local board.
b.
By a local board of education.
(9) To a volunteer fire department or volunteer rescue squad that is not part of a unit oflocal government, has nomorethan twopaid employees, andis exempt from State income tax under G.S.
105-130.11, when the motor vehicle is one of the following:
Page 4 Senate Bill 412-Second Edition General Assembly Of North Carolina Session 2017 a.
A fire truck, a pump truck, a tanker truck, or a ladder truck used to suppress fire.
b.
A four-wheel drive vehicle intended to be mounted with a water tank and hose and used for forest fire fighting.
c.
An emergency services vehicle.
(10) To a State agency from a unit of local government, volunteer fire department, or volunteer rescue squad to enable the State agency to transfer the vehicle to another unit of local government, volunteer fire department, or volunteer rescue squad.
(11) To a revocable trust from an owner who is the sole beneficiary of the trust.
(12) To a charitable organization operating under section 501(c)(3) of the Internal Revenue Code (26 U.S.C.
§ 501(c)(3)) where the vehicle was donated to the charitable organization solely for purposes of resale by the charitable organization." SECTION 6.
This act is effective when it becomes law.
Senate Bill 412-Second Edition Page 5
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Action History

  1. Signed by Gov. 6/22/2018

  2. Ch. SL 2018-43

  3. Special Message Received For Concurrence in H Com Sub

  4. Placed on Today's Calendar

  5. Concurred In H Com Sub

  6. Ordered Enrolled

  7. Ratified

  8. Pres. To Gov. 6/14/2018

  9. Amend Adopted A1

  10. Passed 2nd Reading

  11. Passed 3rd Reading

  12. Ordered Engrossed

  13. Special Message Sent To Senate

  14. Reptd Fav Com Sub 2

  15. Cal Pursuant Rule 36(b)

  16. Placed On Cal For 06/13/2018

  17. Reptd Fav Com Substitute

  18. Re-ref Com On Rules, Calendar, and Operations of the House

  19. Withdrawn From Com

  20. Re-ref to the Com on Transportation, if favorable, Rules, Calendar, and Operations of the House

  21. Passed 1st Reading

  22. Ref To Com On Rules, Calendar, and Operations of the House

  23. Regular Message Sent To House

  24. Regular Message Received From Senate

  25. Reptd Fav

  26. Placed on Today's Supplemental Calendar

  27. Passed 2nd Reading

  28. Passed 3rd Reading

  29. Reptd Fav

  30. Re-ref Com On Rules and Operations of the Senate

  31. Withdrawn From Com

  32. Re-ref to Transportation. If fav, re-ref to Rules and Operations of the Senate

  33. Passed 1st Reading

  34. Ref To Com On Rules and Operations of the Senate

  35. Filed

Sponsors

Sponsorship breakdown

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0 sponsors · 3 co-sponsors · 176 not signed on

Sponsors (0)

None.

Co-sponsors (3)

Not signed on (176)

176 members have not signed on to this bill.

Show all 176 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Motion 9 To Concur

Passed 44 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 7000
Unaffiliated 28005
Republican 9001
Total 44006
% of votes cast 88%0%0%12%
How each member voted (50)
Member Party Vote
McKissick — Yea
Rabin — Yea
Randleman — Yea
Wade — Yea
Barefoot — Not Voting
Barrett — Yea
Fitch — Yea
Foushee — Not Voting
D.Davis — Yea
J.Jackson — Yea
Smith — Yea
VanDuyn — Yea
Brown — Yea
B.Jackson — Yea
Newton — Yea
Tucker — Yea
J.Davis — Not Voting
Ballard — Yea
Barringer — Yea
Bishop — Yea
Curtis — Not Voting
Dunn — Yea
Edwards — Yea
Gunn — Yea
Harrington — Yea
Horner — Yea
Krawiec — Yea
Meredith — Yea
Pate — Not Voting
Tarte — Yea
Tillman — Yea
Wells — Yea
Woodard — Yea
Amanda P. Cook Democratic Yea
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Yea
Bill Rabon Republican Yea
Carl Ford Republican Not Voting
Danny Earl Britt, Jr. Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Tom McInnis Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Second Reading

Passed 110 Yea · 1 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 67108
Democratic 14001
Republican 28000
U 1000
Total 110109
% of votes cast 92%1%0%8%
How each member voted (120)
Member Party Vote
Lewis — Yea
McNeill — Yea
Michaux — Nay
Szoka — Yea
Williams — Not Voting
Wray — Yea
Zachary — Yea
Autry — Yea
Boles — Yea
Boswell — Yea
Burr — Yea
Conrad — Yea
Dobson — Yea
Faircloth — Yea
Fisher — Yea
Floyd — Yea
Fraley — Yea
Garrison — Yea
Gill — Yea
Hunter — Yea
Jordan — Not Voting
G.Adcock — Yea
L.Bell — Yea
DuaneHall — Yea
C.Graham — Yea
G.Graham — Yea
Beasley — Yea
Black — Yea
Earle — Yea
Farmer-Butterfield — Yea
Goodman — Yea
Hanes — Yea
Holley — Yea
Jackson — Yea
G.Martin — Yea
R.Moore — Yea
B.Richardson — Yea
W.Richardson — Yea
B.Turner — Yea
J.Bell — Yea
BertJones — Yea
Brawley — Yea
BrendenJones — Yea
DestinHall — Yea
K.Hall — Yea
Johnson — Yea
Malone — Yea
S.Martin — Yea
Bumgardner — Yea
Collins — Yea
Dollar — Yea
Dulin — Yea
Elmore — Yea
Hardister — Yea
Henson — Yea
Horn — Yea
Hurley — Yea
Insko — Yea
Lucas — Yea
McElraft — Yea
Muller — Yea
Murphy — Yea
Presnell — Yea
Rogers — Yea
Saine — Yea
Speciale — Yea
Steinburg — Yea
Terry — Yea
R.Turner — Yea
T.Moore(Speaker) — Not Voting
Stone — Not Voting
Bradford — Not Voting
Cleveland — Not Voting
Grange — Not Voting
McGrady — Not Voting
Yarborough — Yea
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Not Voting
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Carl Ford Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jay Adams Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John M. Blust Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Mark Brody Republican Yea
Mike Clampitt Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sam Watford Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Ted Davis, Jr. Republican Yea
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Yea

Official roll call →

Subjects

public-safety labor transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 412?
SB 412 is sponsored by Rabin, Brent Jackson (Republican), and Joyce Waddell (Democratic).
What is the current status of SB 412?
This bill has been enacted into law. Introduced March 28, 2017. Enacted.
Where can I track SB 412?
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