HOUSE OF REPRESENTATIVES

H.B. NO.

74

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

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.

 

INTRODUCED BY:

_____________________________


 

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.