Louisiana 2022 2022 Regular Session

Louisiana House Bill HB790 Comm Sub / Analysis

                    SSHB790 4296 5349
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 790	2022 Regular Session	Hollis
MOTOR VEHICLES:  Provides relative to certificate of ownership and salvage title for
motor vehicles declared to be a total loss
Synopsis of Senate Amendments
1.Modifies a provision of proposed law that provides alternative requirements for
an insurance company or its authorized agent to submit proof of any satisfied
lien not released from within seven days of satisfaction to after sixty days from
the date of the loss.
2.Modifies a provision of proposed law that provides alternative requirements for
an insurance company or its authorized agent to submit proof of any satisfied
lien not released by requiring evidence of two attempts to contact the lienholder
as provided in present law.
3.Adds a requirement that the insurance company sign a hold harmless affidavit,
on a form approved by the department. Further provides an option for the office
of motor vehicles to charge a fee of no more than one hundred dollars for each
transaction.
4.Makes technical changes.
Digest of Bill as Finally Passed by Senate
Present law provides the requirements for an application for certificates of title, including
salvage title.
Present law specifies when, as the result of an insurance settlement, a motor vehicle is
declared to be a "total loss", as defined in present law, the insurance company, its authorized
agent, or the vehicle owner shall, within 30 days from the settlement of the property damages
claim, send the certificate of title, properly endorsed, to the office of motor vehicles along
with an application for a salvage title in the name of the insurance company, or its authorized
agent, or the vehicle owner.
Present law provides the requirements for when an insurance company or its authorized agent
may submit an application for a salvage title and signed under penalty of perjury.
Proposed law retains present law and adds alternative requirements when a lien has not been
released within after 60 days from the date of the loss.
Proposed law specifies an insurance company or its authorized agent may submit proof of
full payment, a copy of the most recent letter of guarantee from each holder of a lien that has
not been released indicating the payoff amount, and evidence of two attempts to contact the
lienholder as provided in present law.
Proposed law specifies if payment is made by check, proof of payment must consist of the
front and back of the paid check listing all endorsements of the named payees.  Further
specifies the evidence needed for electronic transfer payments, including a screenshot of
payment submissions along with a certification the payment was not returned.
Proposed law requires that the insurance company sign a hold harmless affidavit, on a form
approved by the department. Further provides an option for the office of motor vehicles to
charge a fee of no more than $100 for each transaction.
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(Amends R.S. 32:707(I)(1)(b)(iv))
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