S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5898
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section  1. Subdivisions (c), (d) and (e) of section 2108 of the vehi-
 cle and traffic law, subdivisions (c) and (d) as added by  chapter  1134
 of  the  laws of 1971 and subdivision (e) as added by chapter 322 of the
 laws of 1993, are amended to read as follows:
   (c) THE CERTIFICATE OF TITLE SHALL  PROVIDE  SPACE  FOR  AN  OWNER  TO
 DESIGNATE  A BENEFICIARY TO WHOM A VEHICLE SHALL BE TRANSFERRED UPON THE
 DEATH OF THE OWNER.
   (D) A certificate of title issued by the commissioner is  prima  facie
 evidence of the facts appearing on it.
   [(d)]  (E)  A  certificate  of  title  for a vehicle is not subject to
 garnishment, attachment, execution or other judicial process,  but  this
 [subsection]  SUBDIVISION  does not prevent a lawful levy upon the vehi-
 cle.
   [(e)] (F) Notwithstanding any other provision of law, a certificate of
 title to a vehicle which is a mobile home or a manufactured home  issued
 by  the  commissioner  is prima facie evidence of the facts appearing on
 it, notwithstanding the fact that such vehicle,  at  any  time,  in  any
 manner, shall have become attached to realty.
   §  2.  Subdivision (a) of section 2113 of the vehicle and traffic law,
 as added by chapter 1134 of the laws of 1971,  is  amended  to  read  as
 follows:
   (a)  If  an owner transfers his OR HER interest in a vehicle, OR PRIOR
 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.
              

                                                            LBD02001-01-1

 A. 5898                             2
 
 (C)  OF  SECTION TWENTY-ONE HUNDRED EIGHT OF THIS ARTICLE, other than by
 the creation of a security interest, he OR HIS REPRESENTATIVE OR SHE  OR
 HER  REPRESENTATIVE  shall,  at the time of the delivery of the vehicle,
 execute an assignment and warranty of title to the transferee OR BENEFI-
 CIARY  in  the  space  provided  therefor  on  the certificate or as the
 commissioner prescribes, and cause the certificate and assignment to  be
 mailed  or  delivered  to the transferee OR BENEFICIARY.  The assignment
 and warranty of title required by this section shall include a statement
 signed by the transferor stating [either,]: (i) any facts or information
 known to him OR HER that could reasonably affect  the  validity  of  the
 title  of  the vehicle; [or,] (ii) that no such facts or information are
 known to him OR HER; OR (III) THAT THERE IS NO LIEN OR OTHER ENCUMBRANCE
 ON THE VEHICLE KNOWN TO HIM OR HER.
   § 3. This act shall take effect on the first of January next  succeed-
 ing  the  date  upon  which it shall have become a law.  Effective imme-
 diately the addition, amendment and/or repeal of any rule or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such date.