Relates to providing a space on a certificate of title for an owner to designate a beneficiary to whom the vehicle shall be transferred upon the death of the owner.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2009
SPONSOR: Hawley TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to providing a
space on a certificate of title for an owner to designate a beneficiary
to whom the vehicle shall be transferred upon the death of the owner
PURPOSE OR GENERAL IDEA OF BILL:
This bill is intended to simplify the process of transferring ownership
of a motor vehicle to a person designated by the owner prior to that
individual's death.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends Section 2108 of the Vehicle and Traffic
Law (vTL) by replacing the current subdivision (c) with a new subdivi-
sion (c) and relettering the existing subdivisions (c), (d), and (e)
accordingly. The new subdivision (c) would require a certificate of
title to provide space for an owner to designate a beneficiary to whom a
vehicle could be transferred upon the death of the owner.
Section 2 of the bill amends subdivision (a) of Section 2113 of the
VTL by instituting a conforming change and providing for a statement by
the transferor that he or she is unaware of any lien or other encum-
brance on the vehicle being transferred.
Section 3 of the bill is the effective date.
JUSTIFICATION:
Currently, the primary mechanisms for an owner of a motor vehicle to
have a vehicle transferred to a specific beneficiary upon the death of
that owner is by a duly probated will or through a trust. Many vehicle
owners do not have wills or trusts and for those who do the process of
transferring a vehicle through such a mechanism can often be cumbersome.
This bill seeks to simplify the process for transferring a motor vehicle
upon the death of the owner by establishing a mechanism to do so direct-
ly on the vehicle title document.
PRIOR LEGISLATIVE HISTORY:
06580 - Referred to transportation 01/08/20
A5898 - 04/25/22 held for consideration in transportation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Unknown.
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date upon which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
2009
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. HAWLEY, ANGELINO, LEMONDES, DeSTEFANO -- read
once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to providing a
space on a certificate of title for an owner to designate a benefici-
ary to whom the vehicle shall be transferred upon the death of the
owner
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions (c), (d) and (e) of section 2108 of the vehi-
2 cle and traffic law, subdivisions (c) and (d) as added by chapter 1134
3 of the laws of 1971 and subdivision (e) as added by chapter 322 of the
4 laws of 1993, are amended to read as follows:
5 (c) The certificate of title shall provide space for an owner to
6 designate a beneficiary to whom a vehicle shall be transferred upon the
7 death of the owner.
8 (d) A certificate of title issued by the commissioner is prima facie
9 evidence of the facts appearing on it.
10 [(d)] (e) A certificate of title for a vehicle is not subject to
11 garnishment, attachment, execution or other judicial process, but this
12 [subsection] subdivision does not prevent a lawful levy upon the vehi-
13 cle.
14 [(e)] (f) Notwithstanding any other provision of law, a certificate of
15 title to a vehicle which is a mobile home or a manufactured home issued
16 by the commissioner is prima facie evidence of the facts appearing on
17 it, notwithstanding the fact that such vehicle, at any time, in any
18 manner, shall have become attached to realty.
19 § 2. Subdivision (a) of section 2113 of the vehicle and traffic law,
20 as added by chapter 1134 of the laws of 1971, is amended to read as
21 follows:
22 (a) If an owner transfers his or her interest in a vehicle, or prior
23 to his or her death designates a beneficiary as provided in subdivision
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05208-01-3
A. 2009 2
1 (c) of section twenty-one hundred eight of this article, other than by
2 the creation of a security interest, he or his representative or she or
3 her representative shall, at the time of the delivery of the vehicle,
4 execute an assignment and warranty of title to the transferee or benefi-
5 ciary in the space provided therefor on the certificate or as the
6 commissioner prescribes, and cause the certificate and assignment to be
7 mailed or delivered to the transferee or beneficiary. The assignment
8 and warranty of title required by this section shall include a statement
9 signed by the transferor stating [either,]: (i) any facts or information
10 known to him or her that could reasonably affect the validity of the
11 title of the vehicle; [or,] (ii) that no such facts or information are
12 known to him or her; or (iii) that there is no lien or other encumbrance
13 on the vehicle known to him or her.
14 § 3. This act shall take effect on the first of January next succeed-
15 ing the date upon which it shall have become a law. Effective imme-
16 diately the addition, amendment and/or repeal of any rule or regulation
17 necessary for the implementation of this act on its effective date are
18 authorized to be made and completed on or before such date.
