Bill Summary for S 411 (2017-2018)

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Summary date: 

Mar 28 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 411 (Public) Filed Tuesday, March 28, 2017
AN ACT TO EXPAND THE REQUIRED USE OF THE ELECTRONIC LIEN SYSTEM IMPLEMENTED BY THE DIVISION OF MOTOR VEHICLES, TO REVISE THE LAW GOVERNING WHEN A MOTOR VEHICLE DEALER THAT DOES NOT HAVE A MOTOR VEHICLE'S STATEMENT OF ORIGIN OR CERTIFICATE OF TITLE MAY TRANSFER TITLE TO THE MOTOR VEHICLE, AND TO MAKE OTHER CHANGES TO LAWS AFFECTING MOTOR VEHICLE DEALERS.
Intro. by B. Jackson.

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Bill summary

Amends GS 20-58.4A(i), concerning mandatory participation in the statewide electronic lien system implemented by the Division of Motor Vehicles (DMV) to process the notification, release, and maintenance of security interests and certificate of title data where a lien is noted through electronic means instead of paper documents. Requires all individuals and lienholders (currently, all individuals and lienholders is qualified with those who are normally engaged in the business or practice of financing motor vehicles) who conduct at least five transactions annually to use the electronic lien system to record information concerning the perfection and release of a security interest in a vehicle. Prohibits any lien on a motor vehicle from being noted on a certificate of title or otherwise perfected by the DMV unless the electronic lien system is utilized by the lienholder in accordance with the statute. Makes technical changes. Effective July 1, 2017.

Amends GS 20-72(b), concerning instances when a manufacturer's statement of origin or an existing certificate of title on a motor vehicle is unavailable for transferring title or interest in a motor vehicle. Provides that a licensed motor vehicle dealer can transfer title to another by certifying in writing in a sworn statement to the DMV that to the best of the dealer's knowledge and information all prior perfected liens on the vehicle have been paid, and that the motor vehicle dealer, despite having used reasonable diligence, was unable to obtain the vehicle's statement of origin or certificate of title on or prior to the date the dealer sold or transferred the vehicle because the statement of origin or certificate of title was (1) not delivered to the dealer or (2) lost or misplaced by the dealer. Provides that in the absence of the DMV developing a form for this certification, a dealer can use any form that satisfies the requirements of GS 20-72(b) so long as the dealer submits the completed form and certificate of title to the DMV within a reasonable time of obtaining or receiving the form. 

Provides that it is a Class H felony to knowingly and intentionally file a false sworn certification in accordance with GS 20-72(b) (currently, does not include scienter element). Adds that a dealer principal, owner, or manager of a motor vehicle dealership can only be liable for a violation under GS 20-72(b) for the actions or conduct of a dealership employee if the dealer principal, owner, or manager had actual knowledge of the falsity of the application at the time the application was submitted to the DMV.