HOUSE DOCKET, NO. 3219        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3009

The Commonwealth of Massachusetts

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PRESENTED BY:

Lori A. Ehrlich

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to beneficiary designation on motor vehicle registration.

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PETITION OF:

HOUSE DOCKET, NO. 3219        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3009

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to beneficiary designation on motor vehicle registration.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 2 of chapter 90, as appearing in the 2016 Official Edition of the General Laws, is hereby amended by inserting after the word “commonwealth.”, in line 78, the following paragraph:-

If a motor vehicle is owned by 1 owner who is a natural person, the owner may designate, in writing in a space provided on the certificate of registration for such motor vehicle, a beneficiary who shall assume ownership of the motor vehicle after the death of the owner and upon the making of an application pursuant to this paragraph. Should the owner seek to change or remove a designated beneficiary from the certificate of registration for the owner’s vehicle, the owner shall submit an application to do so with the registrar. Said application shall be accompanied by the original certificate of registration in which the beneficiary is designated and such proof of the owner’s identity as the registrar may require. No fee shall be charged for the process of changing or removing a beneficiary. The owner making the beneficiary designation shall have all rights of ownership of such motor vehicle during the owner's life and the beneficiary shall have no rights in such motor vehicle until such time as the owner dies and an application is made pursuant to this paragraph. Not later than 60 days after the death of the owner, the beneficiary may make application to the registrar for the issuance of a certificate of title and a certificate of registration for such motor vehicle in the beneficiary's name. The application shall be accompanied by: (1) the original certificate of registration in which the beneficiary is designated pursuant to this paragraph; (2) a death certificate for the deceased owner; (3) such proof of the beneficiary's identity as the registrar may require; and (4) any applicable fees for registration, title and number plates as required pursuant to this chapter. If the beneficiary fails to make such application within the time period specified in this paragraph, the beneficiary shall have no right to obtain ownership of and title to such motor vehicle pursuant to this paragraph after the expiration of such time period. The right of the beneficiary to obtain ownership of and title to such motor vehicle pursuant to this paragraph shall be subordinate to the rights of each lienholder whose security interest in such motor vehicle is recorded pursuant to chapter 90D. The registrar may adopt regulations to implement this paragraph.