HB1181: HB1181 Motor vehicles; application for certificate of title; provisions

26 LC 64 0042/AP House Bill 1181 (AS PASSED HOUSE AND SENATE) By: Representatives Ballard of the 147th, Corbett of the 174th, Sainz of the 180th, New of the 40th, and Ehrhart of the 36th A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 3 of Title 40 of the Official Cod e of Georgia Annotated,1 relating to certificates of title for motor vehicles, so as to require an application for certificate2 of title to contain or be accompanied by the last certificate o f title issued by another state3 when such application refers to a vehicle last previously registered in another state and the4 applicant is receiving such vehicle upon inheritance, devise, o r bequest; to amend Code5 Section 40-3-34 of the Official Code of Georgia, relating to transfer of vehicle by operation6 of law, termination of interest, and joint interest with right of survivorship, so as to specify7 the last certificate of title required to be submitted with an application for a certificate of title8 regarding a vehicle transferred to an applicant upon inheritance, devise, or bequest shall be9 one that was issued to the decedent; to provide for related matters; to repeal conflicting laws;10 and for other purposes.11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 SECTION 1.13 Article 2 of Chapter 3 of Title 40 of the Official Code of Geor gia Annotated, relating to14 certificates of title, is amended by revising subsection (c) of Code Section 40-3-21, relating15 to application for first certificate of title, as follows:16 H. B. 1181 - 1 - 26 LC 64 0042/AP "(c)(1) If the application refers to a vehicle last previously registered in another state or17 country, the application shall contain or be accompanied by:18 (A) Any certificate of title issued by the other state or country; and19 (B) Any other information and documents the commissioner reaso nably requires to20 establish the ownership of the vehicle and the existence or non existence of security21 interests in it and liens against it.22 (2) If the application refers to a vehicle last previously registered in another state and if23 the applicant is the last previously registered owner in such state, the application need not24 contain the name and address of the person from whom the vehicle was acquired.25 (3) If the application refers to a vehicle last previously registered in another state in the26 name of a decedent owner, and if the applicant is receiving the vehicle of such decedent27 owner upon inheritance, devise, or bequest, such application sh all contain or be28 accompanied by:29 (A) The last certificate of title for such vehicle issued by the other state to the decedent30 owner; and31 (B) Any other information and documents required pursuant to subsection (d) or (e) of32 Code Section 40-3-34."33 SECTION 2.34 Said article is further amended by revising subsections (d) and (e) of Code Section 40-3-34,35 relating to transfer of vehicle by operation of law, termination of interest, and joint interest36 with right of survivorship, as follows:37 "(d) In the event of transfer as upon inheritance, devise, or b equest, upon receipt of an38 application for a new certificate of title with the required fe e, the last certificate of title39 issued to the decedent, if available, and a certified copy of a will or letters of administration40 or, if no administration is to be had on the estate, an affidavit by the applicant to the effect41 that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, have42 H. B. 1181 - 2 - 26 LC 64 0042/AP amicably agreed among themselves upon a division of the estate or a certificate from the43 judge of the probate court showing that the motor vehicle regis tered in the name of the44 decedent owner has been assigned to the decedent's survivors as part of their year's support,45 the commissioner shall issue to the person or persons shown by such evidence to be entitled46 thereto the certificate of title for the vehicle.47 (e)(1) In the event of transfer under a will when the motor ve hicle was the decedent's48 only asset, upon receipt of an application for a new certificate of title accompanied by the49 required fee, the last certificate of title issued to the deced ent, if available, and an50 affidavit by the applicant to the effect that the motor vehicle was owned by the decedent51 and was the decedent's only asset and was not encumbered, that under the will the52 applicant is entitled to receive title to such motor vehicle, t hat no application for the53 administration of the estate of the deceased or the probate of such will is to be had, and54 that the estate is not indebted and the surviving spouse, if any, and the heirs, if any, are55 sui juris and have amicably agreed that title to said vehicle be issued to the applicant, the56 commissioner shall issue to the person or persons shown by such evidence to be entitled57 thereto the certificate of title for the vehicle.58 (2) The commissioner shall prescribe the form of the affidavit to be used in paragraph (1)59 of this subsection."60 SECTION 3.61 All laws and parts of laws in conflict with this Act are repealed.62 H. 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