A 7435: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 7435 2025-2026 Regular Sessions  IN ASSEMBLY 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: 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] the owner's interest in a vehicle, or 23 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 1 subdivision (c) of section twenty-one hundred eight of this article, 2 other than by the creation of a security interest, [he] the owner or the 3 owner's representative shall, at the time of the delivery of the vehi- 4 cle, execute an assignment and warranty of title to the transferee or 5 beneficiary 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] the transferor that could reasonably affect the validity 11 of the title of the vehicle; [or,] (ii) that no such facts or informa- 12 tion are known to [him] the transferor; or (iii) that there is no lien 13 or other encumbrance on the vehicle known to the transferor. 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.