West Virginia 2024 Regular Session

West Virginia Senate Bill SB838

Introduced
2/16/24  
Refer
2/16/24  
Report Pass
2/20/24  
Engrossed
2/22/24  

Caption

Requiring lending institutions to utilize DMV electronic lien system under certain circumstances

Impact

The implementation of SB838 is anticipated to have significant implications for state laws regarding vehicle liens and titles. It would compel lending entities to transition from physical documentation to a digital format, ultimately enhancing the efficiency of lien management. This is particularly relevant for financial institutions, as non-compliance with the new mandate could result in penalties or legal complications. Starting July 1, 2024, adherence to the electronic lien information system will be required, fostering a uniform approach to lien handling across the state.

Summary

Senate Bill 838, introduced in the West Virginia Legislature, mandates that lending institutions conducting five or more transactions annually utilize the Division of Motor Vehicles (DMV) electronic lien system. This change is aimed at modernizing the way security interests in vehicles are perfected or released, ensuring that the process is streamlined and efficient for all parties involved. By electronically transmitting lien information, the bill seeks to reduce paperwork and improve the accuracy of vehicle title management.

Sentiment

The overall sentiment regarding SB838 appears to be positive among lawmakers and industry stakeholders. Proponents argue that the bill will not only simplify transactions for lending institutions but also enhance consumer protection by ensuring that lien information is accurate and promptly updated. They underscore the importance of transitioning to electronic systems as a step towards modernization in vehicle title handling. However, there may be concerns from smaller lending institutions regarding their readiness and ability to comply with the new electronic system within the proposed timeframe.

Contention

While SB838 is mostly viewed favorably, potential contention may arise related to concerns over technological access and implementation challenges for smaller financial institutions. Critics may voice apprehensions about the digital divide, questioning whether all lenders can adequately invest in the necessary technological adaptations. Furthermore, there may be discussions regarding potential exceptions for smaller entities or those unable to meet the requirements by the July deadline, emphasizing the need for careful consideration of the bill's rollout and compliance measures.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2310

Provide the Division of Motor Vehicles authority to develop an “Antique Fleet” program so that multiple antique motor vehicles may utilize a single registration plate.

WV SB564

Allowing PSC to authorize recovery of certain costs by utilities through issuance of consumer rate relief bonds

WV HB3308

Authorizing PSC consider and issue financing orders to certain utilities to permit the recovery of certain costs through securitization via consumer rate relief bonds

WV SB254

Relating generally to mandatory state inspection of certain motor vehicles

WV HB2439

Exempting from the sales tax all-terrain vehicles and utility terrain vehicles used as farm equipment

WV SB120

Requiring registered sex offenders pay annual fee

WV HB2297

Requiring all higher education institutions to use statewide contracts issued by the Purchasing Division

WV HB2072

Relating generally to forfeiture of contraband

WV HB2538

Requiring usage of child welfare information technology systems

WV SB549

Updating provisions of Uniform Commercial Code

Similar Bills

TX HB3309

Relating to appointment of and performance of notarial acts by an electronic notary public; authorizing a fee and creating a criminal offense.

TX HB1217

Relating to appointment of and performance of notarial acts by an online notary public and online acknowledgment and proof of written instruments; authorizing a fee and creating a criminal offense.

NC S552

Modifications to Notary Public Act

CA AB1667

Electronic wills.

CA AB2961

Civil procedure: electronic filing and service.

CA AB2283

Civil actions: electronic service.

LA HB572

Provides for electronic notaries public and electronic notarial acts

CA SB666

Service of papers: electronic service by court.