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STATE OF WYOMING
SENATE FILE NO. SF0025
Electronic lien and title system.
Sponsored by: Joint Transportation, Highways & Military Affairs Interim Committee
A BILL
for
1 AN ACT relating to motor vehicles; creating an electronic
2 lien and title system; requiring the department of
3 transportation to implement and administer an electronic
4 lien and title system; providing a definition; exempting
5 mobile homes; making conforming amendments; requiring
6 rulemaking; and providing for effective dates.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 31-2-113 is created to read:
11
12 31-2-113. Electronic lien and title system.
13
14 (a) As used in this section "electronic lien and
15 title system" means a statewide electronic lien and title
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1 system implemented by the department to process through
2 electronic means:
3
4 (i) Certificates of title for vehicles including
5 new, transferred and corrected certificates of title;
6
7 (ii) Certificate of title data in which a lien
8 is notated;
9
10 (iii) The notification, maintenance, perfection
11 and release of security interests in vehicles; and
12
13 (iv) Payment of sales or use tax pursuant to
14 W.S. 39-15-107(b) or 39-16-107(b).
15
16 (b) The department shall implement and administer an
17 electronic lien and title system as provided in this
18 section.
19
20 (c) The department may contract with one (1) or more
21 vendors to develop, implement and provide ongoing
22 administration of the electronic lien and title system
23 required under subsection (b) of this section. The vendors
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1 may charge a transaction fee for each transaction provided
2 through the electronic lien and title system to recover the
3 vendor's costs associated with the development,
4 implementation and ongoing administration of the electronic
5 lien and title system. No vendor shall charge any fees
6 under this subsection to the state or counties.
7
8 (d) Except for persons who are not normally engaged
9 in the business or practice of financing vehicles, all
10 dealers, lenders, lienholders, insurance companies and
11 secured parties shall use the electronic lien and title
12 system required under subsection (b) of this section. All
13 counties shall use the electronic lien and title system
14 required under subsection (b) of this section. Each person
15 not normally engaged in the business or practice of
16 financing vehicles including owners may use the electronic
17 lien and title system or request a paper certificate of
18 title at the office of a county clerk.
19
20 (e) This section shall not apply to certificates of
21 title for mobile homes as defined in W.S. 31-2-501(a)(ii).
22
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1 Section 2. W.S. 31-1-202(c) and (d), 31-2-101,
2 31-2-103(a)(intro), (v), (vi) and (d), 31-2-104(a), (h)(i)
3 and (ii), 31-2-105(a), (b)(intro), (i)(D) and (c) through
4 (f), 31-2-107(a), (f) through (j) and (o) are amended to
5 read:
6
7 31-1-202. Records.
8
9 (c) Within three (3) business days after issuance of
10 a vehicle registration or certificate of title, county
11 treasurers and county clerks shall forward a record thereof
12 to the department. County clerks shall forward a record of
13 certificate of title electronically through the electronic
14 lien and title system established under W.S. 31-2-113.
15 County treasurers shall notify the department and sheriff
16 of his county of loss or mutilation of license plates.
17
18 (d) The department shall maintain records of vehicle
19 registrations from all counties indexed by distinctive
20 vehicle numbers assigned by the department, the name of the
21 registered owner and vehicle identification numbers. The
22 department shall maintain a record of all vehicle
23 certificates of title from all counties in the electronic
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1 lien and title system established under W.S. 31-2-113.
2 Records are public and open to inspection by the public
3 during reasonable office hours. The department shall
4 maintain a vehicle identification number index of all
5 vehicles for which certificates of title have been issued.
6 Upon receipt of a notice of issuance of a certificate of
7 title from any county clerk the department may destroy all
8 records relating to former transfers of title to the
9 vehicle and shall retain only the notice of issuance of the
10 certificate of title in effect at any time. The department
11 may annually compile and publish a list of all registered
12 vehicles and supplements thereto which shall be furnished
13 to Wyoming peace officers and the Wyoming office of
14 homeland security without charge.
15
16 31-2-101. Required application; resident and
17 nonresident applications.
18
19 (a) Except as provided by W.S. 31-2-102 and pursuant
20 to W.S. 31-1-101(a)(xxi)(A) through (G), any owner of a
21 vehicle for which no Wyoming certificate of title has been
22 issued to the owner or the transferee upon transfer of
23 ownership of a vehicle for which a Wyoming certificate of
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1 title is required, shall apply for a certificate of title
2 electronically through the electronic lien and title system
3 established under W.S. 31-2-113 or at the office of a
4 county clerk, or if available, electronically, within the
5 same time periods as required by W.S. 31-2-201(a)(ii) and
6 (iii).
7
8 (b) Any owner, owner's agent or transferee upon
9 transfer of ownership of any vehicle that has an
10 identifying number pursuant to W.S. 31-1-101(a)(ix),
11 including off-road recreational or multipurpose vehicles
12 and, for the purpose of titling under this section,
13 including snowmobiles and watercraft, shall apply for a
14 certificate of title electronically through the electronic
15 lien and title system established under W.S. 31-2-113 or at
16 the office of a county clerk.
17
18 (c) Any nonresident person registered as a business
19 entity under the laws of another state in the United States
20 and who operates a vehicle in this state for business or
21 commercial purposes for which no Wyoming certificate of
22 title has been issued may apply for a certificate of title
23 for that vehicle electronically through the electronic lien
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1 and title system established under W.S. 31-2-113 or at the
2 office of a county clerk., or if available, electronically.
3
4 31-2-103. Contents of application; signature; vehicle
5 identification number; issuance of certificate.
6
7 (a) Applications for paper certificates of title or
8 electronic certificates of title, if available, shall
9 contain or be accompanied by:
10
11 (v) The current title containing an assignment
12 and warranty of title, if applicable, and an affidavit by
13 the seller, either on a separate form through the
14 electronic lien and title system established under W.S.
15 31-2-113 that provides remote authentication or contained
16 on the current title, which shall contain a reference to
17 the federal regulations stating that failure to complete or
18 providing false information may result in fines and
19 imprisonment and may include a department approved
20 statement in substantially the following form: "I state
21 that the odometer now reads .... miles (no tenths) and to
22 the best of my knowledge that it reflects the actual
23 mileage of the vehicle described herein unless one (1) of
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1 the following statements is checked: A. I hereby certify
2 that to the best of my knowledge the odometer reading
3 reflects the amount of mileage is in excess of its
4 mechanical limits; B. I hereby certify that the odometer
5 reading is NOT the actual mileage. WARNING-ODOMETER
6 DISCREPANCY", to be retained by the county clerk upon
7 issuance of a new title. This paragraph shall not apply to
8 vehicles not originally manufactured with an odometer;
9
10 (vi) In the case of a vehicle registered or
11 titled in a state other than Wyoming, or any homemade
12 vehicle, rebuilt vehicle, reconstructed vehicle, any
13 vehicle assembled from a kit or any vehicle for which a
14 bond is required, a current statement submitted to the
15 office of the county clerk or through the electronic lien
16 and title system established under W.S. 31-2-113, made by a
17 Wyoming law enforcement officer, or licensed Wyoming dealer
18 only for vehicles in his inventory or possession, that the
19 vehicle identification number on the vehicle has been
20 inspected and that the inspection occurred in Wyoming and
21 certifying the correct vehicle identification number
22 displayed on the vehicle. Any licensed Wyoming dealer
23 performing an inspection of a vehicle identification number
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1 under this section shall, in addition to the requirements
2 of this act, do so pursuant to W.S. 31-11-108. In the case
3 of a vehicle not in Wyoming, the vehicle identification
4 number may be inspected and certified on a form approved by
5 the department if the inspection is made by an authorized
6 law enforcement officer of a city, county or state law
7 enforcement agency or a commissioned officer at a federal
8 military installation or any other person authorized to do
9 so by law and delivered to the county clerk in the county
10 where the application for certificate of title is made
11 along with payment for the inspection fee required under
12 W.S. 31-3-102(b)(iv);
13
14 (d) Upon receipt of an application and payment of
15 fees any county clerk shall, if satisfied that the
16 applicant is the owner of the vehicle for which application
17 for certificate of title is made, issue a paper certificate
18 of title if requested by the applicant or electronic
19 certificate of title, if available, upon a form or
20 electronic format, approved by and provided at cost to the
21 county clerk by the department in the name of the owner
22 bearing the signature and seal of the county clerk's
23 office. The county clerk shall not deliver a certificate of
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1 title issued under this section until presentation of a
2 receipt for payment of sales or use tax pursuant to W.S.
3 39-15-107(b) or 39-16-107(b) or presentation of a county
4 treasurer receipt noting a valid exemption from paying the
5 sales or use tax. If a lien is filed with respect to the
6 vehicle, the county clerk shall, within three (3) business
7 days, deliver a copy of the filed lien and a copy of the
8 issued title to the financial institution. and if
9 available, such The delivery may be made electronically.
10 Each paper certificate of title or and electronic version,
11 certificate of title shall bear a document control number
12 with county designation and certificate of title number.
13 The title shall be completely filled out giving a
14 description of the vehicle including factory price in a
15 manner prescribed by the department, indicate all
16 encumbrances or liens on the vehicle and indicate the date
17 of issue. Certificates of title shall contain forms for
18 assignment of title or interest and warranty thereof by the
19 owner with space for notation of liens and encumbrances at
20 the time of transfer on the reverse side and contain space
21 for the notarization of the seller's signature or an
22 electronic signature in accordance with W.S. 40-21-101
23 through 40-21-119, for a sale or transfer of title.
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1 Certificates of title are valid for the vehicle so long as
2 the vehicle is owned or held by the person in whose name
3 the title was issued. A certificate of title is prima facie
4 proof of ownership of the vehicle for which the certificate
5 was issued.
6
7 31-2-104. Transfer of ownership.
8
9 (a) Except as otherwise provided in this section, the
10 owner of a vehicle who sells or transfers his interest in a
11 vehicle for which a certificate of title has been issued
12 shall endorse an assignment and warranty of title upon the
13 certificate for the vehicle with a statement of all liens
14 and encumbrances thereon, which assignment, warranty and
15 statement shall be signed and dated by the owner before a
16 notarial officer and acknowledged thereby in the manner
17 provided by law or signed electronically in accordance with
18 W.S. 40-21-101 through 40-21-119, to be dated and delivered
19 to the transferee at the time of delivering the vehicle.
20 Delivery may be made electronically through the electronic
21 lien and title system established under W.S. 31-2-113.
22 Except as provided in subsection (b) of this section, the
23 transferee shall present the certificate to a county clerk
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1 and apply for a new certificate of title electronically
2 through the electronic lien and title system established
3 under W.S. 31-2-113 or at the office of a county clerk
4 within the same time periods as required by W.S.
5 31-2-201(a)(ii).
6
7 (h) The requirement under subsection (a) of this
8 section to deliver a certificate of title to a transferee
9 at the time the vehicle is delivered does not apply to a
10 transferor if:
11
12 (i) The certificate of title is being held by a
13 bank or other financial institution on the date the vehicle
14 is delivered. The transferor shall then deliver to the
15 transferee a dealer's invoice or a signed bill of sale, in
16 substantially the form specified in paragraph (ii) of this
17 subsection, and the certificate of title shall be delivered
18 either in person or electronically through the electronic
19 lien and title system established under W.S. 31-2-113 to
20 the transferee within thirty (30) days from the date of the
21 sale; or
22
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1 (ii) The transferor is an auctioneer of vehicles
2 and transfers the vehicle in the course of his business as
3 an auctioneer of vehicles or through an auctioneer of
4 vehicles. The transferor or auctioneer shall then deliver
5 the certificate of title either in person or electronically
6 through the electronic lien and title system established
7 under W.S. 31-2-113 to the transferee within thirty (30)
8 days of the date of sale and shall deliver to the
9 transferee at the time the vehicle is delivered a signed
10 bill of sale in substantially the following form:
11
12 VEHICLE BILL OF SALE
13
14 I, (PRINTED NAME OF TRANSFEROR OR AUCTIONEER), on (date),
15 hereby sell and convey all (my interest the interest of
16 (name of current owner)) in the following described
17 vehicle: (COLOR, YEAR, MAKE, MODEL, VEHICLE IDENTIFICATION
18 NUMBER) to (PRINTED NAME OF TRANSFEREE) in exchange for: