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H.B. No. 0201 |
Transfer on death deed. |
Sponsored By: Representative(s) Blevins, Brown and Greear and Senator(s) Ross
AN ACT relating to nontestamentary transfers of real property; providing for the transfer of real property by deed on death of grantor; creating definitions; specifying procedures, limitations and exclusions; providing for revocation of a transfer on death deed; and providing for an effective date.
1/17/2013 Bill Number Assigned
1/18/2013 H Received for Introduction
1/21/2013 H Introduced and Referred to H01
1/25/2013 H01 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Baker, Connolly, Gingery, Halverson, Kroeker, Krone, Walters and Watt
Excused: Representative(s) Miller
Ayes 8 Nays 0 Excused 1 Absent 0 Conflicts 0
1/25/2013 H Placed on General File
HB0201HS001/ADOPTED
Page 6-line 4 Delete "assert a lien" insert "file a claim".
Page 6-line 9 Delete "42‑2‑207" insert "42‑4‑207".
Page 7-line 15 After "situated." insert "No affidavit shall be recorded unless a certificate of clearance, issued by the Wyoming department of health, certifies that all medical assistance claims have either been satisfied or do not exist. The certificate of clearance shall be simultaneously submitted with the affidavit for filing.
Page 10-line 1 After "W.S." delete the balance of the line and insert: "34‑1‑143 by creating a new subsection (b) and 42‑4‑207 by creating a new subsection (k) are".
Page 10-line 2 Delete entirely.
Page 10-lines 5 through 15 Delete entirely and insert:
"34‑1‑143. Information to be furnished to department of revenue, department of health and the state board of equalization.
"(a) The county clerk shall place the recording data on the statement of consideration paid and deliver the statement to the county assessor. The county assessor shall furnish information from the statements of consideration to the state board of equalization and department of revenue as the board or department shall require, and when disclosed under W.S. 34‑1‑142(g) and 39‑13‑109(b)(i), any person or his agent wishing to review or contest his property tax assessment or valuation and the county board of equalization. The county assessor may furnish information from the statements of consideration to a county assessor in another county in this state to be used as provided by law.
(b) Whenever a transfer on death deed is filed with the county clerk pursuant to W.S. 2‑18‑103, the county assessor shall furnish information contained within the statement of consideration paid to the Wyoming department of health, division of healthcare financing. The information supplied under this subsection shall be transmitted within fourteen (14) days of the receipt of the statement of consideration paid and shall be limited to:
(i) The name of the grantor;
(ii) The name of the grantee;
(iii) Recording data including the legal description of the property being transferred.
42‑4‑207. Recovery of incorrect payments; recovery of correct payments; liens.
(k) Upon determining that real property has been conveyed by transfer on death deed pursuant to W.S. 2‑18‑103, which property was available to satisfy outstanding medical payments made by the department on behalf of the grantor, the department may file a lien against the real property and bring such judicial proceedings deemed appropriate and upon determining that:
(i) Has failed to apply for a certificate of clearance from the department;
(ii) The grantee has failed to pay the department's medical assistance claims; or
(ii) Has failed to file an affidavit attesting to the death of the grantor pursuant to W.S. 2‑18‑103(n) and 34‑11‑101 and ". GINGERY, CHAIRMAN
HB0201HW001/ADOPTED (CORRECTED COPY)
Page 6-line 4 Delete the standing committee amendment (HB0201HS001/A) to this line.
Page 10-lines 5 through 15 Delete entirely including the standing committee amendment (HB0201HS001/A) to these lines and insert:
"34‑1‑143. Information to be furnished to department of revenue, department of health and the state board of equalization.
(a) The county clerk shall place the recording data on the statement of consideration paid and deliver the statement to the county assessor. The county assessor shall furnish information from the statements of consideration to the state board of equalization and department of revenue as the board or department shall require, and when disclosed under W.S. 34‑1‑142(g) and 39‑13‑109(b)(i), any person or his agent wishing to review or contest his property tax assessment or valuation and the county board of equalization. The county assessor may furnish information from the statements of consideration to a county assessor in another county in this state to be used as provided by law.
(b) Whenever a transfer on death deed is filed with the county clerk pursuant to W.S. 2‑18‑103, the county assessor shall furnish information contained within the statement of consideration paid to the Wyoming department of health, division of healthcare financing. The information supplied under this subsection shall be transmitted within fourteen (14) days of the receipt of the statement of consideration paid and shall be limited to:
(i) The name of the grantor;
(ii) The name of the grantee;
(iii) Recording data including the legal description of the property being transferred.
42‑4‑207. Recovery of incorrect payments; recovery of correct payments; liens.
(k) The department may file a lien upon real property pursuant to W.S. 2‑18‑103(g) upon the death of the grantor. The department may file such lien regardless of whether the grantee applied for a certificate of clearance pursuant to W.S. 2‑18‑103(n) or filed an affidavit to establish the death of the grantor pursuant to W.S. 34‑11‑101.". BROWN, CHAIRMAN
1/29/2013 H Passed CoW
HB0201H2001/ADOPTED
Page 1-line 10 Delete "2‑18‑105" insert 2‑18‑106".
Page 9-After line 23 Insert:
"2‑18‑106. Disclaimer.
A grantee beneficiary may refuse to accept all or any part of the real property interest conveyed by a transfer on death deed. If a grantee beneficiary refuses to accept or disclaims any real property interest, the grantee beneficiary shall have no liability under this chapter by reason of being designated as grantee beneficiary.". BROWN
1/30/2013 H Passed 2nd Reading
1/31/2013 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Baker, Barlow, Berger, Blake, Blevins, Blikre, Brown, Burkhart, Byrd, Campbell, Cannady, Coleman, Connolly, Freeman, Gingery, Goggles, Greene, Halverson, Harshman, Harvey, Hunt, Hutchings, Kasperik, Kirkbride, Kroeker, Krone, Larsen, Lockhart, Loucks, Madden, McKim, Miller, Moniz, Nicholas, B., Northrup, Patton, Paxton, Petroff, Reeder, Stubson, Teeters, Throne, Wallis, Walters, Watt, Wilson and Winters
Nays: Representative(s) Davison, Eklund, Esquibel, K., Filer, Greear, Jaggi, Lubnau, Piiparinen, Semlek, Sommers, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Gay
Ayes 47 Nays 12 Excused 1 Absent 0 Conflicts 0
2/1/2013 S Received for Introduction
2/1/2013 S Introduced and Referred to S01
2/15/2013 S01 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Burns, Christensen, Esquibel, F., Hicks and Schiffer
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
2/15/2013 S Placed on General File
HB0201SS001/ADOPTED (TO ENGROSSED COPY)
Page 1-line 5 After ";" insert "modifying duties of county clerks accordingly;".
Page 10-line 16 Delete "34‑1‑143" insert "34‑1‑119".
Page 10-lines 19 through 24 Delete and insert:
"34‑1‑119. Duties of county clerk generally.
(a) The county clerk of each county within this state shall receive and record at length all deeds, mortgages, conveyances, patents, certificates and instruments left with him for that purpose, and he shall endorse on every such instrument the day and hour on which it was filed for record. The county clerk shall not record any document until the address of the grantee, mortgagee or assignee of the mortgagee is furnished to the county clerk, but this requirement shall not affect the validity of the recording of any instrument. Only instruments which are the originally signed documents or properly certified or authenticated copies thereof may be properly recorded. A document is properly certified if in compliance with Rule 902 of the Wyoming Rules of Evidence or other applicable rule or statute.
(b) Whenever a transfer on death deed is filed with the county clerk pursuant to W.S. 2‑18‑103, the county clerk shall furnish the following information to the Wyoming department of health, division of healthcare financing within fourteen (14) days of recording the deed:
(i) The name of the grantor;
(ii) The name of the grantee;
(iii) The legal description of the property being transferred.".
Page 11-lines 1 through 24 Delete.
Page 12-lines 2 and 3 Delete. SCHIFFER, CHAIRMAN
2/20/2013 S Passed CoW
2/21/2013 S Passed 2nd Reading
2/22/2013 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, JL S28, Barnard, Bebout, Burns, Case, Coe, Cooper, Craft, Dockstader, Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Johnson, Landen, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern
Excused: Senator(s) Anderson, JD S02 and Christensen
Ayes 28 Nays 0 Excused 2 Absent 0 Conflicts 0
2/22/2013 H Received for Concurrence
2/25/2013 H Did Concur
ROLL CALL
Ayes: Representative(s) Baker, Barlow, Berger, Blake, Blevins, Blikre, Brown, Burkhart, Byrd, Campbell, Cannady, Coleman, Connolly, Davison, Eklund, Esquibel, K., Filer, Freeman, Gay, Gingery, Goggles, Greear, Greene, Halverson, Harshman, Harvey, Hunt, Hutchings, Jaggi, Kasperik, Kirkbride, Kroeker, Krone, Larsen, Lockhart, Loucks, Lubnau, Madden, McKim, Miller, Moniz, Nicholas, B., Northrup, Patton, Paxton, Petroff, Piiparinen, Reeder, Semlek, Sommers, Stubson, Teeters, Throne, Wallis, Walters, Watt, Wilson, Winters, Zwonitzer, Dn. and Zwonitzer, Dv.
Ayes 60 Nays 0 Excused 0 Absent 0 Conflicts 0
2/25/2013 Assigned Number HEA No. 0094
2/25/2013 H Speaker Signed HEA No. 0094
2/26/2013 S President Signed HEA No. 0094
2/28/2013 Governor Signed HEA No. 0094
2/28/2013 Assigned Chapter Number
Chapter No. 0100 Session Laws of Wyoming 2013