Senate Bill No. 152
Introduced By mcnutt
A Bill for an Act entitled: An Act requiring the department of justice to establish a pilot program for the electronic filing and perfection of motor vehicle liens; amending section
61-3-103, MCA; and providing a termination date.
STATEMENT OF INTENT
A statement of intent is required for this bill because [section 1] requires the department of justice to adopt rules implementing a pilot program for the electronic filing and perfection of motor vehicle liens. The rules must provide procedures that will constitute constructive notice of the electronically filed and perfected lien to subsequent purchasers or encumbrancers.
Be it enacted by the Legislature of the State of Montana:
Section 1. Electronic lien filing. (1) The department shall implement a pilot program allowing electronic filing and perfection of liens on motor vehicles.
(2) The department shall adopt rules to implement the pilot program. The rules must include procedures designed to constitute constructive notice of electronically filed and perfected liens to subsequent purchasers or encumbrancers from the date of a lien's perfection.
Section 2. Section 61-3-103, MCA, is amended to read:
"61-3-103. Filing of security interests
, -- perfection , -- rights , -- procedure , -- fees. (1) Except as provided in [section
1], the The department may not file any voluntary security interest or lien unless it is accompanied by or specified in the
application for a certificate of ownership of the vehicle encumbered. If the approved notice form is transmitted to the
department, the security agreement or other lien instrument that creates the security interest must be retained by the secured
party. A copy of the security agreement is sufficient as a lien notice if it contains the name and address of the debtor and the
secured party, the complete vehicle description, and the amount of the lien , and is signed by the debtor. The department
shall file voluntary security interests and liens by entering the name and address of the secured party upon the face of the
certificate of ownership. Involuntary liens must be filed against the record of the vehicle encumbered. The department shall
mail a statement certifying to the filing of a security interest or lien to the secured party. The department shall mail the
certificate of ownership to the owner at the address given on the certificate; however, if the transfer of ownership and filing
of the security interest are paid for by a creditor or secured party, the department shall return the certificate of ownership to
the county treasurer where in the county in which the vehicle is to be registered. The owner of a motor vehicle is the person
entitled to operate and possess the motor vehicle.
(2) A security interest in a motor vehicle held as inventory by a dealer licensed under the provisions of 61-4-101
, must be
perfected in accordance with Title 30, chapter 9.
(3) Whenever a security interest or lien is filed against a motor vehicle that is subject to two security interests previously
perfected under this section, the department shall endorse on the face of the certificate of ownership, "NOTICE. This motor
vehicle is subject to additional security interests on file with the Department of Justice."
No other Other information
regarding such the additional security interests need not be endorsed on the certificate.
(4) Satisfactions or statements of release filed with the department under this chapter must be retained by it for a period of 8 years after receipt, after which they may be destroyed.
(5) Except as provided in [section 1] and subsection (6) of this section, a voluntary security interest or lien is perfected on the date that the lien notice and the certificate of ownership or manufacturer's statement of origin are delivered to the county treasurer. On that date, the county treasurer shall issue to the secured party a receipt evidencing the perfection. Perfection under this section constitutes constructive notice to subsequent purchasers or encumbrancers, from the date of delivery of the lien notice to the county treasurer, of the existence of the security interest.
Voluntary Except as provided in [section 1], voluntary security interests or lien filings that do not require transfer of
ownership are perfected on the date that the lien notice and the certificate of ownership or manufacturer's statement of
origin are received by the department. On that date, the department shall issue to the secured party a receipt evidencing the
perfection. Perfection under this subsection constitutes constructive notice to subsequent purchasers or encumbrancers,
from the date that the lien notice is delivered to the department, of the existence of the security interest.
(7) Upon default under a chattel mortgage or conditional sales contract covering a motor vehicle, the mortgagee or vendor has the same remedies as in the case of other personal property. In case of attachment of motor vehicles, all the provisions of 27-18-413, 27-18-414, and 27-18-804 are applicable except that deposits must be made with the department.
(8) A conditional sales vendor or chattel mortgagee or assignee who fails to file a satisfaction of a chattel mortgage,
assignment, or conditional sales contract within 15 days after receiving final payment is required to pay the department the
sum of $1 for each day that the person fails to file
such the satisfaction.
(9) Upon receipt of notice of any involuntary liens or attachments against the record of any motor vehicle registered in this
state, the department shall within 24 hours mail to the owner, conditional sale vendor, mortgagees, or assignees of
thereof the owner, conditional sale vendor, or mortgagees a notice showing the name and address of the lien claimant, the
amount of the lien, the date of execution of the lien, and, in the case of attachment, the full title of the court and the action
and the name names of the attorneys for the plaintiff and attaching creditor.
(10) It is not necessary to refile with the department any instruments on file in the offices of the county clerk and recorders at the time that this law takes effect.
(11) A fee of $4 must be paid to the department to file any security interest or other lien against a motor vehicle. The $4 fee
shall include and cover includes the cost of filing a satisfaction or release of the security interest and also the cost of
entering such the satisfaction or release on the records of the department and of deleting the endorsement of the security
interest from the face of the certificate of ownership. A fee of $4 must be paid to the department for issuing a certified copy
of a certificate of ownership subject to a security interest or other lien on file in the office of the department or for filing an
assignment of any security interest or other lien on file with the department. All fees provided for in this section must be
paid to the county treasurer for deposit in the state general fund in accordance with 15-1-504."
Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 61, chapter 3, part 1, and the provisions of Title 61, chapter 3, part 1, apply to [section 1].
Section 4. Termination. [This act] terminates June 30, 2000.