NY State Senate Bill 2023-S5929

Senate Bill S5929

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to transportation
Mar 22, 2023	referred to transportation

2023-S5929 (ACTIVE) - Details

See Assembly Version of this Bill:: A2009
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§2108 & 2113, V & T L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A6580
2021-2022: A5898

2023-S5929 (ACTIVE) - Summary

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.

2023-S5929 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5929

SPONSOR: BORRELLO
 
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 subdivision
(c) and relettering the existing subdivisions (c), (d), and (e) accord-
ingly. 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 encumbrance 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.

2023-S5929 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5929
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2023
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed 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

 S. 5929                             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.

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