S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2009
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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.
                                                            LBD05208-01-3
              

 A. 2009                             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.