Bill Text: HI HB1625 | 2018 | Regular Session | Amended
Bill Title: Relating To Motor Vehicle Registration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-03-23 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM. [HB1625 Detail]
Download: Hawaii-2018-HB1625-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1625 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO MOTOR VEHICLE REGISTRATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:
"§286- Beneficiary transfer of vehicle ownership. (a) Upon the registration of a vehicle, the owner may designate a beneficiary to whom the vehicle will be transferred upon the owner's death.
(b) Designation of a beneficiary under this
section may be revoked or the beneficiary may be changed at any time before the
death of the owner by the following methods:
(1) By sale of the
vehicle with proper assignment and delivery of the certificate of ownership to
another person;
(2) By application
for a new certificate of ownership without the designation of a beneficiary or
with the designation of a different beneficiary; or
(3) By a
subsequently executed will or testamentary instrument.
(c) The beneficiary's interest in the vehicle at the death of the owner is subject to any contract of sale, assignment, or security interest to which the owner was subject at the time of the owner's death."
SECTION 2. Section 286-47, Hawaii Revised Statutes, is amended to read as follows:
"§286-47 Certificate of registration; certificate of ownership; containers. Upon the registration of a vehicle, the director of finance shall issue a certificate of registration to the owner and a certificate of ownership to the legal owner, or to a dealer who shall be a person licensed to sell new motor vehicles under chapter 437 which certificates shall meet the following requirements:
(1) Both the certificate of registration and the certificate of ownership shall contain upon the face thereof, the date issued, the registration number assigned to the owner and to the vehicle, the name and address of the owner and legal owner in typewriting, also such description of the registered vehicle as may be determined by the director of finance. If any of the information subsequently proves to be a typographical error, the dealer, as defined in section 437-1.1, shall notify the director of finance of the error by a written certificate stating the reasons for and nature of the error and the correction which should be made in the certificate of registration and the certificate of ownership. Upon receipt of the dealer's certificate by the director of finance, the certificate of registration and the certificate of ownership shall be corrected accordingly so long as the correction does not constitute a change of the vehicle originally registered. A fee shall be paid to the director of finance for each instance of correction of the registration records. The fee charged for each instance of correction of the registration records shall be established by the county's legislative body;
(2) In addition to the requirements provided for in paragraph (1) above, the face of the certificate of ownership shall contain endorsement lines for the transfer of title or interest of the registered owner and legal owner, and the odometer reading of the vehicle on the date of transfer. The reverse side of the certificate of ownership shall contain the application for registration by the transferee;
(3) The certificate
of ownership for a vehicle subject to beneficiary transfer pursuant to section
286- shall include, after the name of the owner, the words
"transfer on death to" or the abbreviation "TOD" followed
by the name of the beneficiary; and
[(3)]
(4) (A) Every owner shall
keep the certificate of registration within the vehicle for which it is
registered and shall present the same at the request of a police officer, or in
the event the vehicle is a motorcycle, shall carry such certificate in a
convenient receptacle attached to the vehicle and which shall be presented at
the request of a police officer;
(B) This shall not apply to state or county vehicles readily identified by the license plates and markings on sides of such vehicles;
(C) This shall not apply to commercial vehicles defined as rental motor vehicles, or cars shipped by licensed car dealerships or repossession companies. These businesses may keep a duplicate copy of the certificate of registration within the vehicle for which it is registered, in which case the certificate of registration shall be available for inspection at their principal place of business within the State; and
(D) This requirement to carry the certificate of registration with the vehicle shall not apply when such certificate is removed from the vehicle for the purpose of application for renewal, transfer of registration, or to record a change in the registration."
SECTION 3. Section 286-52, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) In the event of the transfer by operation of law of the title or interest of a legal owner in and to a vehicle registered under this part, as upon inheritance, devise, or bequest, beneficiary transfer under section 286- , order in bankruptcy, or insolvency, execution sale, repossession upon default in performance of the terms of a lease or executory sales contract, or otherwise than by the voluntary act of the person whose title or interest is so transferred, the certificate of ownership shall be signed upon the spaces provided by the personal representative, receiver, trustee, sheriff, or other representative, or successor in interest of the person whose title or interest is so transferred in lieu of such person. Every personal representative, receiver, trustee, sheriff, or other representative hereinabove referred to shall file with the director of finance a notice of any transfer by sale, lease, or otherwise by such person, of any such vehicle, together with evidence satisfactory to the director of finance of all facts entitling such representative to make the transfer. Upon notice given to the director of finance that transfer by operation of law of the title or interest of a legal owner or a registered owner has been effected pursuant to any provision of law, the director of finance shall send to the legal owner or the registered owner or both a notice by registered mail of such action and requesting the delivery to the director of finance of the certificate of ownership or the certificate of registration, as the case may be, within ten days after date of mailing of the notice, and any person who refuses or neglects to deliver the same to the director of finance pursuant to the notice shall be guilty of a misdemeanor and shall be punished as provided in section 286-61."
SECTION 4. Section 286-271, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as provided in subsection (b), a legal
owner of a vehicle shall not ship that vehicle interisland in this State unless
the legal owner first presents to the carrier the legal owner's current
certificate of registration showing that the person is the registered owner of
the vehicle, identification, and proof of motor vehicle insurance. If the registered owner of the vehicle is not
the legal owner of the vehicle, the registered owner shall present to the
carrier, the registered owner's current certificate of registration, identification,
and proof of motor vehicle insurance.
Duplicate copies of the current registration and proof of motor vehicle
insurance shall be acceptable for commercial vehicles as defined in section [286-47(3)(C).]
286-47(4)(C). An authorized agent
of the legal or registered owner may ship the vehicle by presenting the current
certificate of registration, identification, proof of motor vehicle insurance,
and a notarized letter from the registered or legal owner authorizing the
shipment. For an unrecorded owner pending
a lawful transfer, a certificate of ownership signed by the previous owner may
be submitted for the current certificate of registration for a vehicle
purchased within thirty days of shipping.
A facsimile of proof of motor vehicle insurance from an insurance
company may be accepted for a vehicle purchased within thirty days of
shipping. Presentation of proof of motor
vehicle insurance shall not be required for:
(1) Unlicensed propelled vehicles that are not intended for on-road use;
(2) New unregistered vehicles shipped with a bill of lading; or
(3) Vehicles owned by the federal, state, or county government."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on January 1, 2100.
Report Title:
Motor Vehicles; Registration; Ownership; Transfer Upon Death
Description:
Allows the registered owner of a motor vehicle to designate a beneficiary to whom ownership of the vehicle shall be transferred upon the registered owner's death. Takes effect on 1/1/2100. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
