HB0025S3002

[TO ENGROSSED COPY]

Page 1-line 1 After “property;” delete balance of the line.

Page 1-line 2 Delete line through “obligations;”.

Page 1-line 4 After “definitions;” insert “providing for proof of payment of a private transfer fee obligation;”.

Page 5-line 23 through Page 7-line 24 Delete including the First Standing Committee Amendment (HB0025SS001/AE) and the Bebout Third Reading Amendment (HB0025S3001/AE) to these lines and insert and renumber:

“34-28-102. Recording of private transfer fee obligation; consequences of failure to record; jurisdiction.

(a) The payee of a private transfer fee obligation shall record a notice of private transfer fee obligation and the document evidencing the obligation in the office of the clerk for each county in which the real property is located. The notice shall contain:

(i) A clearly identified disclosure of the existence and amount of the private transfer fee obligation;

(ii) A description of the type and nature of the private transfer fee obligation;

(iii) A description of the type and nature of any penalty which may be incurred as a result of failure to pay the private transfer fee obligation;

(iv) A legal description of the real property; and

(v) The name and address of the payee. A notice filed under this subsection shall be amended upon change of the name or address of the payee.

(b) Every private transfer fee obligation created before July 1, 2012 shall be void unless the notice and document evidencing the obligation are recorded pursuant to this section before July 1, 2012. Every private transfer fee obligation created on or after July 1, 2012 shall be void unless the notice and document evidencing the obligation are recorded in compliance with this section.

(c) No court in the state of Wyoming shall have jurisdiction to enforce a private transfer fee obligation which is not recorded as provided in subsections (a) and (b) of this section.

34‑28‑103.  Proof of payment of private transfer fee obligation.

(a)  An affidavit filed with the clerk for each county in which real property subject to a private transfer fee obligation is located shall constitute prima facie evidence of payment of a private transfer fee obligation provided the affidavit:

(i)  Is executed by a grantor of the real property subject to a private transfer fee obligation; and

(ii)  States that payment in full of the private transfer fee obligation was sent by certified mail to the payee at the address in the notice of private transfer fee obligation recorded under W.S. 34‑28‑102(a).”. PERKINS