Bill Text: HI HB74 | 2019 | Regular Session | Introduced
Bill Title: Relating To Motor Vehicle Registration.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-02-07 - The committee(s) on CPC recommend(s) that the measure be deferred. [HB74 Detail]
Download: Hawaii-2019-HB74-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
74 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to motor vehicle registration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 286, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:
"§286- Transfer of ownership upon the death of
the registered owner or legal owner of the motor vehicle. (a)
Upon the death of the registered owner or legal owner of a motor vehicle
registered under this part, without the decedent leaving other property
necessitating probate, and irrespective of the value of the motor vehicle, the
following person or persons may secure transfer of the certificate of registration
and certificate of ownership of the vehicle from the decedent:
(1) The
sole person or all of the persons who succeeded to the property of the decedent
under section 560:2-102 and 560:2-103 unless the vehicle is otherwise
bequeathed by will; or
(2) The
sole beneficiary or all of the beneficiaries who succeeded to the vehicle under
the will of the decedent where the vehicle is so bequeathed by will.
(b) The person authorized by subsection (a) may
secure the transfer of the certificate of registration and certificate of
ownership of the decedent's vehicle upon presenting to the director of finance
all of the following:
(1) The
appropriate certificate of registration and certificate of ownership, if
available;
(2) A
certificate of the heir or beneficiary under penalty of perjury containing the
following statements:
(A) The
date and place of the decedent's death;
(B) The
decedent left no other property necessitating probate and no probate proceeding
is now being or has been conducted in the State for the decedent's estate;
(C) The
declarant is entitled to the vehicle either:
(i) As
the sole person or all of the persons who succeeded to the property of the
decedent under sections 560:2-102 and 560:2-103 if the decedent left no will;
or
(ii) As
the beneficiary or beneficiaries under the decedent's last will if the decedent
left a will, and no one has a right to the decedent's vehicle that is superior
to that of the declarant; and
(D) There
are no unsecured creditors of the decedent or, if there are, the unsecured
creditors of the decedent have been paid in full or their claims have been
otherwise discharged;
(3) If
required by the director of finance, a certificate of the death of the decedent;
and
(4) If
required by the director of finance, the names and addresses of any other heirs
or beneficiaries.
(c) If the director of finance is presented with
the documents specified in paragraphs (1) and (2) of subsection (b), no
liability shall be incurred by the director of finance by reason of the
transfer of the vehicle pursuant to this section. The director of finance may rely in good faith
on the statements in the certificate specified in subsection (b)(2) and has no
duty to inquire into the truth of any statement in the certificate. The person who secures the transfer of the
vehicle pursuant to this section shall be subject to part 12 of article 3 of
chapter 560.
(d) Application for transfer of ownership under this section shall be made upon an appropriate form furnished by the director of finance."
SECTION 2. Section 286-52, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) In the event of the transfer by operation of
law of the title or interest of a legal owner in and to a vehicle registered
under this part, as upon inheritance, devise, [or] bequest, or
pursuant to section 286- , order in bankruptcy, or insolvency,
execution sale, repossession upon default in performance of the terms of a
lease or executory sales contract, or otherwise than by the voluntary act of
the person whose title or interest is so transferred, the certificate of
ownership shall be signed upon the spaces provided by the personal
representative, receiver, trustee, sheriff, or other representative, or
successor in interest of the person whose title or interest is so transferred
in lieu of such person. Every personal
representative, receiver, trustee, sheriff, or other representative hereinabove
referred to shall file with the director of finance a notice of any transfer by
sale, lease, or otherwise by such person, of any such vehicle, together with
evidence satisfactory to the director of finance of all facts entitling such
representative to make the transfer.
Upon notice given to the director of finance that transfer by operation
of law of the title or interest of a legal owner or a registered owner has been
effected pursuant to any provision of law, the director of finance shall send
to the legal owner or the registered owner or both a notice by registered mail
of such action and requesting the delivery to the director of finance of the
certificate of ownership or the certificate of registration, as the case may
be, within ten days after date of mailing of the notice, and any person who
refuses or neglects to deliver the same to the director of finance pursuant to
the notice shall be guilty of a misdemeanor and shall be punished as provided
in section 286-61."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2019.
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INTRODUCED BY: |
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Report Title:
Motor Vehicle Registration; Transfer Upon Death
Description:
Allows qualified individuals to secure transfer of a vehicle's certificate of vehicle registration and certificate of ownership upon the death of the registered owner or legal owner of a registered motor vehicle without going through probate.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
