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HOUSE PROPOSAL OF AMENDMENT 2007-2008

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S.77

 

An act relating to transferring title to a motor vehicle to a surviving spouse

The House proposes to the Senate to amend the bill by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  23 V.S.A. § 2023(e) is amended to read:

(e)(1)  Notwithstanding other provisions of the law, and except as provided in subdivision (2) of this subsection, whenever the estate of an individual who dies intestate consists principally of an automobile in whole or in part of a motor vehicle, and the person’s will or other testamentary document does not specifically address disposition of motor vehicles, the surviving spouse shall be deemed to be the owner of the motor vehicle, and title to the same motor vehicle shall automatically and by virtue hereof pass to said the surviving spouse.  Registration and title of the motor vehicle in the name of the surviving spouse shall be effected by payment of a transfer fee of $7.00.  This transaction is exempt from the provisions of the purchase and use tax on motor vehicles.

(2)  This subsection shall apply to no more than two motor vehicles, and shall not apply if the motor vehicle is titled in the name of one or more persons other than the decedent and the surviving spouse.


Sec. 2.  REPORT

The department of motor vehicles shall report to the house and senate committees on judiciary on the advisability and feasibility of adding a transfer‑on‑death provision to motor vehicle titles and registrations.

Sec. 3.  12 V.S.A. § 5531 is amended to read:

§ 5531.  RULES GOVERNING PROCEDURE

(a)  The supreme court, pursuant to section 1 of this title, shall make rules under this chapter applicable to such court providing for a simple, informal, and inexpensive procedure for the determination, according to the rules of substantive law, of actions of a civil nature of which it has jurisdiction, other than actions for slander or libel and in which the plaintiff does not claim as debt or damage more than $3,500.00 $5,000.00.  Claims for relief other than money damages may not be brought under this chapter.  A claim in excess of $5,000.00 may not be split into two or more claims under this chapter.  The procedure shall not be exclusive, but shall be alternative to the formal procedure begun by the filing of a complaint.

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Sec. 4.  Rule 2 of the Vermont Rules of Small Claims Procedure is amended to read:


RULE 2.  JURISDICTION; PLACE OF SUIT; FILING FEE

(a)  Jurisdiction. Actions on claims for money damages not exceeding $3,500.00 $5,000.00 may be brought under these rules, except claims based on defamation.  Claims for relief other than money damages may not be brought under these rules.  A claim in excess of $3,500.00 $5,000.00 may not be split into two or more claims under these rules.

Sec. 5.  12 V.S.A. § 2681 is amended to read:

§ 2681.  EXECUTIONS IN SUPREME AND SUPERIOR COURTS; TIME

(a)  The supreme and superior courts may issue executions on final judgments rendered by them, which shall be made returnable within 60 days from the date thereof.  Such executions may be issued so long as the judgment remains unsatisfied, but not after eight years from the date of rendition of the judgment, except as provided in subsection (b) of this section.

(b)  Executions on small claims court judgments may be made so long as the judgment remains unsatisfied, but not after eight years from the date of rendition of the judgment.  Actions to renew small claims court judgments shall be brought by filing a complaint in small claims court prior to the expiration of the judgment, and may be made for the amount of the judgment and any post judgment costs, fees, and interest allowed by law.

and, that upon passage, the title shall read:  “AN ACT RELATING TO SMALL CLAIMS COURT AND TO TRANSFERRING TITLE TO A MOTOR VEHICLE TO A SURVIVING SPOUSE”



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us