Bill Text: NY A05898 | 2021-2022 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2022-04-25 - held for consideration in transportation [A05898 Detail]
Download: New_York-2021-A05898-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5898 2021-2022 Regular Sessions IN ASSEMBLY March 1, 2021 ___________ Introduced by M. of A. HAWLEY -- 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. LBD02001-01-1A. 5898 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.
