Senate Bill No. 357
(By Senators Ross, Sharpe, Snyder, Sprouse, Ball and Kessler)
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[Introduced January 28, 1999;
referred to the Committee on Transportation.]
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A BILL to amend and reenact sections four, ten and twelve,
article three, chapter seventeen-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended;
to further amend said article by adding thereto a new
section, designated section seventeen-b; to amend and
reenact section seven, article four of said chapter; to
amend and reenact sections one, four, seven, eight and ten,
article four-a of said chapter; to further amend said
article by adding thereto a new section, designated section
two-a; and to amend article six of said chapter by adding
thereto a new section, designated section one-b, all
relating to allowing the use of electronic transmission and
recording of vehicle registration, title and lien
information among dealers, banks and the division of motor
vehicles; providing that a copy of the electronic record of a certificate of title or lien is admissible as evidence;
authorizing dealers to issue vehicle registration documents
and plates after collecting all fees and taxes; setting
fees; providing criminal penalties for an agent of the
division of motor vehicles who issues vehicle registration
without first performing certain duties; providing for
issuance of liens, titles and registration in electronic
format; authorizing service providers to administer
electronic exchange of information, documents and fees and
to provide forms and materials; providing for revocation of
authority; requiring bond; and providing that when a vehicle
is subject to an electronic lien, the certificate of title
shall be considered held by the lien-holder for certain
purposes.
Be it enacted by the Legislature of West Virginia:
That sections four, ten and twelve, article three, chapter
seventeen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted; that said article be amended by adding thereto a new section,
designated section seventeen-b; that section seven, article four
of said chapter be amended and reenacted; that sections one,
four, seven, eight and ten, article four-a of said chapter be
amended and reenacted; that said article be further amended by
adding thereto a new section, designated section two-a; and that
article six of said chapter be amended by adding thereto a new
section, designated section one-b, all to read as follows:
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.
§17A-3-4. Application for certificate of title; tax for privilege of certification of title; penalty for false
swearing.
(a) Certificates of registration of any vehicle or
registration plates therefor, whether original issues or
duplicates, may not be issued or furnished by the division of
motor vehicles or any other officer or agent charged with the
duty, unless the applicant therefor already has received, or at
the same time makes application for and is granted, an official
certificate of title of the vehicle in either an electronic or
paper format. The application shall be upon a blank form to be furnished by the division of motor vehicles and shall contain a
full description of the vehicle, which description shall contain
a manufacturer's serial or identification number or other number
as determined by the commissioner and any distinguishing marks,
together with a statement of the applicant's title and of any
liens or encumbrances upon the vehicle, the names and addresses
of the holders of the liens and any other information as the
division of motor vehicles may require. The application shall be
signed and sworn to by the applicant. A duly certified copy of
the division's electronic record of a certificate of title shall
be admissible in any civil, criminal or administrative proceeding
in this state as evidence of ownership.
(b) A tax is hereby imposed upon the privilege of effecting
the certification of title of each vehicle in the amount equal to
five percent of the value of the motor vehicle at the time of the
certification, to be assessed as follows:
(1) If the vehicle is new, the actual purchase price or
consideration to the purchaser thereof is the value of the
vehicle. If the vehicle is a used or secondhand vehicle, the
present market value at time of transfer or purchase is the value
thereof for the purposes of this section: Provided, That so much of the purchase price or consideration as is represented by the
exchange of other vehicles on which the tax imposed by this
section has been paid by the purchaser shall be deducted from the
total actual price or consideration paid for the vehicle, whether
the vehicle be new or secondhand. If the vehicle is acquired
through gift, or by any manner whatsoever, unless specifically
exempted in this section, the present market value of the vehicle
at the time of the gift or transfer is the value thereof for the
purposes of this section.
(2) No certificate of title for any vehicle may be issued to
any applicant unless the applicant has paid to the division of
motor vehicles the tax imposed by this section which is five
percent of the true and actual value of the vehicle whether the
vehicle is acquired through purchase, by gift or by any other
manner whatsoever except gifts between husband and wife or
between parents and children: Provided, That the husband or
wife, or the parents or children, previously have paid the tax on
the vehicles transferred to the state of West Virginia.
(3) The division of motor vehicles may issue a certificate
of registration and title to an applicant if the applicant
provides sufficient proof to the division of motor vehicles that the applicant has paid the taxes and fees required by this
section to a motor vehicle dealership that has gone out of
business or has filed bankruptcy proceedings in the United States
bankruptcy court and the taxes and fees so required to be paid by
the applicant have not been sent to the division by the motor
vehicle dealership or have been impounded due to the bankruptcy
proceedings: Provided, That the applicant makes an affidavit of
the same and assigns all rights to claims for money the applicant
may have against the motor vehicle dealership to the division of
motor vehicles.
(4) The division of motor vehicles shall issue a certificate
of registration and title to an applicant without payment of the
tax imposed by this section if the applicant is a corporation,
partnership or limited liability company transferring the vehicle
to another corporation, partnership or limited liability company
when the entities involved in the transfer are members of the
same controlled group and the transferring entity has previously
paid the tax on the vehicle transferred. For the purposes of
this section, control means ownership, directly or indirectly, of
stock or equity interests possessing fifty percent or more of the
total combined voting power of all classes of the stock of a corporation or equity interests of a partnership or limited
liability company entitled to vote or ownership, directly or
indirectly, of stock or equity interests possessing fifty percent
or more of the value of the corporation, partnership or limited
liability company.
(5) The tax imposed by this section does not apply to
vehicles to be registered as Class H vehicles or Class M
vehicles, as defined in section one, article ten of this chapter,
which are used or to be used in interstate commerce. Nor does
the tax imposed by this section apply to the titling of Class B
vehicles registered at a gross weight of fifty-five thousand
pounds or more, or to the titling of Class C semitrailers, full
trailers, pole trailers and converter gear: Provided, That if an
owner of a vehicle has previously titled the vehicle at a
declared gross weight of fifty-five thousand pounds or more and
the title was issued without the payment of the tax imposed by
this section, then before the owner may obtain registration for
the vehicle at a gross weight less than fifty-five thousand
pounds, the owner shall surrender to the commissioner the
exempted registration, the exempted certificate of title and pay
the tax imposed by this section based upon the current market value of the vehicle: Provided, however, That notwithstanding
the provisions of section nine, article fifteen, chapter eleven
of this code, the exemption from tax under this section for Class
B vehicles in excess of fifty-five thousand pounds and Class C
semitrailers, full trailers, pole trailers and converter gear may
not subject the sale or purchase of the vehicles to the consumers
sales tax.
(6) The tax imposed by this section does not apply to
titling of vehicles leased by residents of West Virginia. A tax
is hereby imposed upon the monthly payments for the lease of any
motor vehicle leased by a resident of West Virginia, which tax is
equal to five percent of the amount of the monthly payment,
applied to each payment and continuing for the entire term of the
initial lease period. The tax shall be remitted to the division
of motor vehicles on a monthly basis by the lessor of the
vehicle.
(7) The tax imposed by this section does not apply to
titling of vehicles by a registered dealer of this state for
resale only, nor does the tax imposed by this section apply to
titling of vehicles by this state or any political subdivision
thereof, or by any volunteer fire department or duly chartered rescue or ambulance squad organized and incorporated under the
laws of the state of West Virginia as a nonprofit corporation for
protection of life or property. The total amount of revenue
collected by reason of this tax shall be paid into the state road
fund and expended by the commissioner of highways for matching
federal funds allocated for West Virginia. In addition to the
tax, there is a charge of five dollars for each original
certificate of title or duplicate certificate of title so issued:
Provided, That this state or any political subdivision thereof,
or any volunteer fire department, or duly chartered rescue squad
is exempt from payment of the charge.
(8) The certificate is good for the life of the vehicle, so
long as the vehicle is owned or held by the original holder of
the certificate, and need not be renewed annually or any other
time, except as provided in this section.
(9) If, by will or direct inheritance, a person becomes the
owner of a motor vehicle and the tax imposed by this section
previously has been paid, to the division of motor vehicles, on
that vehicle, he or she is not required to pay the tax.
(10) A person who has paid the tax imposed by this section
may not be required to pay the tax a second time for the same motor vehicle, but is required to pay a charge of five dollars
for the certificate of retitle of that motor vehicle, except that
the tax shall be paid by the person when the title to the vehicle
has been transferred either in this or another state from the
person to another person and transferred back to the person.
(c) Notwithstanding any provisions of this code to the
contrary, the owners of trailers, semitrailers, recreational
vehicles and other vehicles not subject to the certificate of
title tax prior to the enactment of this chapter are subject to
the privilege tax imposed by this section: Provided, That the
certification of title of any recreational vehicle owned by the
applicant on the thirtieth day of June, one thousand nine hundred
eighty-nine, is not subject to the tax imposed by this section:
Provided, however, That mobile homes, manufactured homes, modular
homes and similar nonmotive propelled vehicles, except
recreational vehicles and house trailers, susceptible of being
moved upon the highways but primarily designed for habitation and
occupancy, rather than for transporting persons or property, or
any vehicle operated on a nonprofit basis and used exclusively
for the transportation of mentally retarded or physically
handicapped children when the application for certificate of registration for the vehicle is accompanied by an affidavit
stating that the vehicle will be operated on a nonprofit basis
and used exclusively for the transportation of mentally retarded
and physically handicapped children, are not subject to the tax
imposed by this section, but are taxable under the provisions of
articles fifteen and fifteen-a, chapter eleven of this code.
(d) Any person making any affidavit required under any
provision of this section, who knowingly swears falsely, or any
person who counsels, advises, aids or abets another in the
commission of false swearing or as an agent of the division of
motor vehicles issues a vehicle registration without first
collecting the fees and taxes or performs any other duty required
by this chapter to be performed before a vehicle registration is
issued is on the first offense guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than five hundred
dollars or be imprisoned in the county or regional jail for a
period not to exceed six months or, in the discretion of the
court, both fined and imprisoned. For a second or any subsequent
conviction within five years, that person is guilty of a felony
and, upon conviction thereof, shall be fined not more than five
thousand dollars or be imprisoned in the penitentiary for not less than one year nor more than five years or, in the discretion
of the court, fined and imprisoned.
(e) Notwithstanding any other provisions of this section,
any person in the military stationed outside West Virginia, or
his or her dependents who possess a motor vehicle with valid
registration, are exempt from the provisions of this article for
a period of nine months from the date that that the person
returns to this state or the date his or her the dependent
returns to this state, whichever is later.
(f) After the first day of July, one thousand nine hundred
ninety-seven, no person may transfer, purchase or sell a
factory-built home without a certificate of title issued by the
commissioner in accordance with the provisions of this article:
(1) Any person who fails to provide a certificate of title
upon the transfer, purchase or sale of a factory-built home is
guilty of a misdemeanor and, upon conviction thereof, shall for
the first offense be fined not less than one hundred dollars nor
more than one thousand dollars, or be imprisoned in the county or
regional jail for not more than one year or, both fined and
imprisoned. For each subsequent offense, the fine may be
increased to not more than two thousand dollars, with imprisonment in the county or regional jail not more than one
year or, both fined and imprisoned.
(2) Failure of the seller to transfer a certificate of title
upon sale or transfer of the factory-built home gives rise to a
cause of action, upon prosecution thereof, and allows for the
recovery of damages, costs and reasonable attorney fees.
(g) Notwithstanding any other provision to the contrary,
whenever reference is made to the application for or issuance of
any title or the recordation or release of any lien, it shall be
understood to include the application, transmission, recordation,
transfer of ownership and storage of information in an electronic
format.
§17A-3-10. Division to issue registration card; duplicate to
county assessor.
The department division upon registering a vehicle, or an
agent of the division upon collecting the required fees and taxes
in accordance with the provisions of section one-b, article six
of this chapter, shall issue a registration card to be delivered
to the owner and containing thereon the date issued, the name and
address of the owner, the registration number assigned to the
vehicle and such description of the vehicle as determined by the commissioner. The division shall send a duplicate of said
registration card shall be sent to the assessor of the county in
which the owner resides, or in cases of nonresidents of the
state, to the assessor of the county wherein the vehicle is
located.
§17A-3-12. Commissioner to issue certificate of title;
signatures on certificate; certificate of title to be
delivered to owner or lienor.
(a) The commissioner, if satisfied that the applicant for a
certificate of title is the owner of such vehicle, or otherwise
entitled to have the same registered in his the applicant's name,
shall issue an appropriate certificate of title in either an
electronic or paper format. The certificate of title in an
electronic format shall contain all of the information required
by this section.
(b) The certificate of title shall contain upon the face
thereof the date issued, the name and address of the owner, such
the description of the vehicle as determined by the commissioner,
and a statement of the owner's title and of all liens and
encumbrances upon the vehicle therein described and whether
possession is held by the owner under a lease, contract of conditional sale or other like agreement, and shall bear thereon
the seal of the department division.
(c) The certificate of title shall contain upon the reverse
side a space for the signature of the owner and the owner shall
write his or her name with pen and ink in such the space upon
receipt of the certificate. Such The certificate shall also
contain upon the reverse side forms for assignment of title or
interest and warranty thereof by the owner with space for
notation of liens and encumbrances upon the vehicle at the time
of a transfer.
(d) The commissioner, upon issuing a certificate of title,
shall deliver same in either an electronic or paper format to the
person who holds legal title to the vehicle described on the face
of said certificate: Provided, That when a certificate of title
is issued showing upon the face thereof a lien or encumbrance of
liens or encumbrances, such the certificate of title shall be
delivered to the lienholder in either an electronic or paper
format
in order of priority. It shall be unlawful and constitute
a misdemeanor for a lienor who holds a certificate of title, as
hereinabove in this section provided, to refuse or fail to
surrender such the certificate of title to the person legally entitled thereto within ten days after the lien or encumbrance or
liens or encumbrances shown on the face thereof shall have been
paid and satisfied.
§17A-3-17b. Application
for registration; certain motor vehicle
dealers authorized to issue certificates of registration
for certain vehicles.
The division may authorize a new motor vehicle dealer or a
used motor vehicle dealer as defined and licensed in accordance
with the provisions of article six of this chapter to issue,
transfer and renew motor vehicle registrations, issue renewal
decals and issue registration plates upon compliance with the
provisions of section one-b, article six of this chapter. The
division shall provide to an authorized new motor vehicle dealer
or used motor vehicle dealer the necessary supplies, registration
plates, registration decals and instructions necessary for
issuance, transfer and renewal of motor vehicle registrations.
The division may authorize a service provider to distribute the
necessary supplies.
ARTICLE 4. TRANSFERS OF TITLE OR INTEREST.
§17A-4-7. Release by lienholder to owner.
A person holding a lien or encumbrance as shown upon a certificate of title upon a vehicle may release such the lien or
encumbrance or assign his or her interest to the owner without
affecting the registration of said the vehicle. The department
division, upon receiving an electronic acknowledgment of a
release of lien from the lienholder or a certificate of title
upon which a lienholder has released or assigned his or her
interest to the owner or upon receipt of a certificate of title
not so endorsed but accompanied by a legal release from a
lienholder of this interest in or to a vehicle, shall issue a new
certificate of title as upon an original application. The
division, upon receiving an electronic acknowledgment of a
release of lien from the lienholder shall issue, without further
application or fee a new certificate of title free of any lien or
encumbrance to the vehicle owner to the address shown in the
division's records.
ARTICLE 4A. LIENS AND ENCUMBRANCES ON VEHICLES TO BE SHOWN ON
CERTIFICATE OF TITLE, NOTICE TO CREDITORS AND
PURCHASERS.
§17A-4A-1. Certificate to show liens or encumbrances.
The department division upon receiving an application for a
certificate of title to a vehicle, trailer, semitrailer, pole trailer, factory-built home or recreational vehicle for which a
certificate of title is required under article three of this
chapter, all of which are hereinafter in this article referred to
as vehicles, showing liens or encumbrances upon the vehicle,
shall, upon issuing to the owner thereof a certificate of title
therefor, show upon the face of the certificate of title all
liens or encumbrances disclosed by the application. All liens or
encumbrances shall be shown in the order of their priority being
according to the information contained in the application. When
an application shows liens and encumbrances, the information as
evidence of the lien in connection therewith as the department
division may deem consider necessary shall also be furnished.
The information shall include the name and address of the
lienholder, the nature and kind of the lien, the date thereof and
the amount thereby secured. However, only the name and address
of the lienholder will be endorsed on the title certificate.
Upon issuing the certificate, the department division shall
thereupon send or deliver it by either paper or electronic means
to the holder of the first lien.
§17A-4A-2a. Electronic transfer of liens.
(a) Notwithstanding any requirement in this chapter that a lien on a motor vehicle shall be noted on the face of the
certificate of title, if there are one or more liens or
encumbrance on a vehicle, trailer, semitrailer, pole trailer,
factory-built home or recreational vehicle, the division may
electronically transmit the lien to the first lienholder and
notify the first lienholder of any additional liens. Subsequent
lien satisfactions may be electronically transmitted to the
division and shall include the name and address of the person
satisfying the lien and any other information required by the
division as a condition of participating in the electronic lien
information exchange program.
(b) The division may enter into agreements with a service
provider or providers to administer the electronic exchange of
lien information between dealers, financial institutions and the
division. For the purposes of this section the term financial
institutions shall have the same meaning as defined in section
ten-b, article six of this chapter.
(c) When electronic transmission of liens and lien
satisfaction is used, a hard copy certificate of title need not
be issued until the last lien is satisfied and a clear hard copy
certificate of title is issued to the owner of the vehicle. When a vehicle is subject to an electronic lien, the certificate of
title for the vehicle shall be considered to be physically held
by the lien holder for the purpose of compliance with state and
federal odometer disclosure requirements and for any other
requirement of this code. A duly certified copy of the
division's electronic record of the lien shall be admissible in
any civil, criminal or administrative proceeding in this state as
evidence of the existence of the lien.
(d) For the purposes of this chapter, whenever reference is
made by this code to the physical production of a certificate of
title as a paper document, or reference to the completion of
information related to recording a lien as a paper document, the
reference shall be understood to also include the transmission
and recordation of the information in an electronic format.
§17A-4A-4. Deferred purchase money lien or encumbrance may be
filed within sixty days after purchase; effective date of
lien; dealer to record lien; fees.
(a) A deferred purchase money lien or encumbrance upon any
motor vehicle may be perfected by recording the name and address
of the lienholder upon the face of the certificate of title for
such the motor vehicle. If an application for such a certificate of title is filed with the division of motor vehicles within
sixty days after the date of purchase of the motor vehicle, the
effective date of the lien or encumbrance shall be the date the
lien or encumbrance was created. If an application for such a
certificate of title is not filed within such the sixty-day
period, the lien shall be perfected from the date it was filed
with the division of motor vehicles.
(b) In all transactions involving a deferred purchase money
lien or encumbrance upon a motor vehicle, the motor vehicle
dealer shall collect and remit to the division of motor vehicles
the title, tax and registration fees required under section four,
article three of this chapter and file and record with the
division of motor vehicles any lien created as a result of such
the transaction: Provided, That a motor vehicle dealer may remit
the title, tax and registration fees through any license service
that is licensed by the division of motor vehicles.
(c) No fee may be charged by a motor vehicle dealer for its
services required under this section except that fee authorized
by section one-b, article six of this chapter, or subdivision
(6), subsection (a), section one hundred nine, article three,
chapter forty-six-a of this code.
§17A-4A-7. Release of lien or encumbrance shown on certificate
of title.
An owner upon securing the release of any lien or
encumbrance upon a vehicle shown upon the certificate of title
issued therefor may exhibit the document evidencing such release,
signed by the person or persons making such the release and
acknowledged before a notary public or someone authorized by the
laws of this state to take acknowledgments of deeds, and this
document together with the certificate of title shall be returned
to the department division; or the lienholder may release the
lien by endorsing across the lien in his or her favor on the face
of the title or closely adjacent thereto the following words or
words of similar effect or purport: "This lien, this day fully
paid, satisfied and released, this day of ,"
and duly signing and executing said endorsement and acknowledging
the same before a notary public and having said the notary public
execute a certificate of such the acknowledgment in the form
required for releasing deeds of trust in this state; or when it
is impossible to secure either such release from the beneficiary
or holder of the lien, the owner may exhibit to the department
division whatever evidence may be available showing that the debt secured has been satisfied, together with a statement by the
owner under oath that the debt has been paid and the certificate
of title to such vehicle. The department division when satisfied
as to the genuineness and regularity thereof shall issue to the
owner either a new certificate of title in proper form or an
endorsement or rider showing the release of the lien or
encumbrance which the department division shall attach to the
outstanding certificate of title. For the purposes of this
article, the term release shall mean either an electronic or
paper transaction format.
§17A-4A-8. Failure to execute release or to surrender
certificate when lien paid.
It shall be unlawful and constitute a misdemeanor for a
lienor who holds a certificate of title either electronically or
in a paper format as provided in this article to refuse or fail
to execute a release as provided for in the next preceding
section, or to refuse or fail to surrender such the certificate
of title to the person legally entitled thereto within fifteen
days after his the lien shall have been paid and satisfied.
§17A-4A-10. Fee for recording and release of lien.
The department division of motor vehicles is hereby authorized to charge a fee of five dollars for the recording of
any lien either in an electronic or paper format created by the
voluntary act of the owner and endorsing it upon such the
title
certificate issued pursuant to this article, and the department
division of motor vehicles is hereby authorized to charge a fee
of fifty cents for recordation of any release of a lien created
by the voluntary act of the owner: Provided, That no charge
shall be made for the endorsement and recordation of liens or
releases thereof as provided under section nine of this article.
No charge shall be made for the issuance of a title to the owner
of a vehicle upon the receipt of an electronic release of the
final lien.
ARTICLE 6. LICENSING OF DEALERS, WRECKERS OR DISMANTLERS;
SPECIAL PLATES; TEMPORARY PLATES OR MARKERS.
§17A-6-1b. Dealers authorized to issue motor vehicle
registration.
(a) Notwithstanding any other provision in this chapter, the
division may allow a licensed new motor vehicle dealer or used
motor vehicle dealer as defined in section one of this article,
authority to issue, transfer or renew motor vehicle registrations
for vehicles sold by the dealer. The authority to issue, transfer or renew motor vehicle registrations shall be contingent
upon the dealer collecting all fees and taxes required for the
titling and registration of vehicles, receiving proof of
insurance as described in subsection (e), section three, article
three of this chapter, and if applicable receiving the receipt
showing full payment of personal property taxes in accordance
with section three-a, article three of this chapter.
(b) Authorization to issue motor vehicle registrations shall
be contingent on the dealer completing an application provided by
the division and meeting all criteria established by the
division. The authority shall also be contingent upon the dealer
agreeing to participate fully in a computerized system of
electronic submission of registration, titling and lien
information and all fees and taxes required under the provisions
of this chapter, either directly to the division or through an
authorized service provider selected and approved by the
division. Any transaction conducted under the provisions of this
section shall be conditional pending the determination by the
division that the application for title, registration and lien
recordation is complete, accurate and in accordance with the
provisions of this chapter.
(c) The authority to participate in the electronic
transmission of title, registration and lien information shall be
immediately revoked upon revocation or cancellation of a dealer's
license issued under the provisions of this chapter: Provided,
That the authority to issue, transfer or renew motor vehicle
registrations may be revoked by the division immediately and
separately from any other action against the dealer's license if
the division determines that the terms of the agreement or
agreements authorizing issuance, transfer or renewal of a vehicle
registration or the electronic transmission of information have
been violated.
(d) A fee no greater than sixteen dollars may be charged by
a motor vehicle dealer for its services required under this
section.
(e) Only Class A motor vehicle registrations of a type
specified by the division may be issued, transferred or renewed
by the authorized dealer.
(f) All fees and taxes collected by an authorized dealer
under the provisions of this section shall be deposited in a
financial institution designated by the division or the service
provider in the manner prescribed by the division.
(g) The division may authorize a service provider to supply
an authorized dealer with the necessary forms, supplies,
registration plates and registration renewal decals necessary to
enable the authorized dealer to perform the duties and functions
specified in this section.
(1) Any service provider authorized to perform services
under the provisions of this section shall post a bond of the
applicant in the penal sum of one million dollars, in the form
prescribed by the commissioner, conditioned that the applicant
will not in the conduct of business practice any fraud which, or
make any fraudulent representation which, shall cause a financial
loss to any dealer, financial institution or agency, or the state
of West Virginia, with a corporate surety thereon authorized to
do business in this state, which bond shall be effective as of
the date on which the authorization to provide services
commences.
(2) The service provider is solely responsible for the
inventory, tracking, safety and reconciliation of all supplies,
registration plates, registration decals or other motor vehicle
credentialing items in accordance with procedures established by
the division and subject to audits by the division.
(3) The division may rescind without notice the authority of
a service provider to perform services when the division has
cause to believe that any state or federal law has been violated
or that the service provider is not adhering to the terms and
conditions of the authorization agreement.
(h) The service provider and the authorized dealer assume
full responsibility for the care, custody, control, disclosure
and use of any information provided by the division in order to
execute the duties and responsibilities required by this section.
Each service provider and each authorized dealer agrees to insure
that the disclosure of information to it and its handling of
information received from the division complies with all federal
and state statutes and division directives governing the
disclosure and protection of such information.
_______________
(NOTE: The purpose of this bill is to allow the use of
electronic transmission of vehicle registration, title and lien
information among dealers, banks and the Division of Motor
Vehicles, to authorize dealers to issue vehicle registration
documents after collecting all fees and taxes, and to permit
service providers to offer transmission services for the transfer
of lien information, registration documents and fees among
dealers, banks and the DMV.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language
that would be added.
§§17A-3-17b, 17A-4A-2a and 17A-6-1b are new; therefore,
strike-throughs and underscoring have been omitted.)
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