Assembly Bill A7435

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7435
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 27, 2025
                                ___________
 
 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] THE OWNER'S interest in a vehicle, OR
 PRIOR TO THE OWNER'S DEATH  DESIGNATES  A  BENEFICIARY  AS  PROVIDED  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03640-01-5
              

 A. 7435                             2
 
 SUBDIVISION  (C)  OF  SECTION  TWENTY-ONE HUNDRED EIGHT OF THIS ARTICLE,
 other than by the creation of a security interest, [he] THE OWNER OR THE
 OWNER'S REPRESENTATIVE shall, at the time of the delivery of  the  vehi-
 cle,  execute  an  assignment and warranty of title to the transferee OR
 BENEFICIARY 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] THE TRANSFEROR that could reasonably affect the validity
 of the title of the vehicle; [or,] (ii) that no such facts  or  informa-
 tion  are  known to [him] THE TRANSFEROR; OR (III) THAT THERE IS NO LIEN
 OR OTHER ENCUMBRANCE ON THE VEHICLE KNOWN TO THE TRANSFEROR.
   § 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.