COMMITTEE SUBSTITUTE

FOR

H. B. 2228
(By Delegates Williams, Carper, Phillips,

H. White, Rutledge and Harrison)


(Originating in the House Committee on Roads and Transportation)

[March 10, 1993]


A BILL to amend and reenact section four, article four-a, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the perfection of deferred purchase money liens or encumbrances upon motor vehicles; applications for certificates of title reflecting lien; time for filing; effective date of lien; duty of motor vehicle dealer to collect and transmit title registration tax and record lien; and providing fees for services.

 Be it enacted by the Legislature of West Virginia:
That section four, article four-a, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
§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.

If application for a certificate of title showing a deferred purchase money lien or deferred purchase money encumbrance to be placed upon a vehicle is filed in the office of the departmentwithin sixty days from the date of such applicant's purchase of such vehicle, it shall be as valid as to all persons, whomsoever, including the state, as if such filing had been done on the day such lien or encumbrance was acquired.
(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 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 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 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) A motor vehicle dealer may charge a fee for its services required under this section pursuant to subdivision (6), subsection a, section one hundred nine, article three, chapter forty-six-a of this code: Provided, That such fee may not exceedfifty dollars and shall not be in addition to any fee permitted pursuant to said subdivision (6), subsection a, section one hundred nine, article three, chapter forty-six-a of this code.