Legislature(2025 - 2026)BELTZ 105 (TSBldg)
05/06/2025 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB104 | |
| SB152 | |
| HB121 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 104 | TELECONFERENCED | |
| + | SB 152 | TELECONFERENCED | |
| += | HB 121 | TELECONFERENCED | |
SB 104-VEHICLES/BOATS: TRANSFER ON DEATH TITLE
4:02:30 PM
VICE-CHAIR BJORKMAN announced the consideration of SENATE BILL
NO. 104 "An Act relating to the transfer of a title on the death
of the owner; and providing for an effective date."
4:02:54 PM
JENNA COLQUHOUN, Staff, Senator Scott Kawasaki, Alaska State
Legislature, Juneau, Alaska, provided a brief recap of SB 104
and stated that the legislation would extend transfer-on-death
(TOD) deeds, established under the Uniform Real Property
Transfer on Death Act of 2014, to boats and other vehicles
licensed by the DMV.
MS. COLQUHOUN read the sectional analysis for SB 104:
[Original punctuation provided.]
Sectional Analysis
Section 1:
Adds a new section under AS 05.25 that allows owners
of boats, for which the Department of Administration
(DOA) issues titles, to obtain a transfer on death
(TOD) title.
4:03:40 PM
MS. COLQUHOUN continued with the sectional analysis for SB 104:
Section 2:
Amends AS 13.33.101(a) to add a transfer of boat or
vehicle by a TOD title to the existing list of
acceptable nonprobate transferable property.
Section 3:
Creates a provision under AS 13.33 for a transfer on
death title for boats and vehicles. Crates and defines
the mechanism through the Division of Motor Vehicles
(DMV), by which individuals will obtain, revoke, or
change their transfer on death title and defines the
parameters of the transfer on death title.
(a)-(c) Obtaining a TOD Title
• Creates a provision under AS 13.33 for a transfer on
death title for vehicles and boats for which DoA
issues titles.
? This includes some manufactured homes for which the
DMV issues titles under AS 45.29.102(66). These homes
are without a permanent foundation and transportable
in one or more sections.
• Requires that the transfer of title to the
designated beneficiary occurs when the sole owner or
last surviving joint owner of the vehicle dies.
• Requires that owners of the boats or vehicles file a
form through the DMV and pay associated fees to apply
for a TOD title.
• Limits the TOD titles to two beneficiaries.
(d) TOD titles effective without notice or
consideration
• Provides that TOD titles will not require notice or
acceptance by the designated beneficiary.
• Provides that TOD titles will not be subject to
consideration, the process by which there is an
exchange or "quid pro quo" required from the recipient
of the assets.
? Language taken from TOD deed statute under AS
13.48.060.
(e) TOD titles are nontestamentary
• States that TOD titles are nontestamentary, meaning
that the associated vehicles do not need to be
provided for in the decedent's will.
4:05:38 PM
MS. COLQUHOUN continued with the sectional analysis of SB 104:
(f)-(g) Revocation or Change of TOD titles
• Provides that the owner may revoke or change the
designated beneficiary on the TOD at any time without
the beneficiary's consent.
• Explains the process by which owners may revoke or
change a TOD title.
? The owner can either assign and deliver the
certificate of the title for the vehicle to another
person, thereby revoking the TOD title, or;
? File with the DMV to reissue the title without a
designated beneficiary or with a different designated
beneficiary.
(h) Designated beneficiaries right to disclaim
interest
• Allows designated beneficiaries to refuse the boat
or vehicle designated to them in a TOD title. ?
Language taken from TOD deed statue under AS
13.48.100.
(i) TOD titles subject to decedent's creditors,
contracts, etc.
• Subjects the TOD title to creditor's claims against
the owner's estate, as well as to other interests,
contracts, liens, encumbrances, assignments, and other
interests.
• These interests remain attached to the boat or
vehicle after it is transferred to the designated
beneficiary.
(j-m) Enforcing liability upon TOD titles
• Imposes the same procedures for enforcing liability
upon TOD titles that is applied to TOD deeds under AS
13.48.110 and AS 13.48.088.
? Provides that the estate may enforce liability
against boats or vehicles with TOD titles if the
owner's estate does not cover an allowed claim.
? States that if there are multiple vehicles and/or
boats, and a liability exists in the deceased's
estate, the liability will be apportioned to each
asset in proportion to its net value.
? Requires that a proceeding to enforce a liability
must begin within 12 months of the owner's passing and
can only begin once proper notification to
beneficiaries has occurred.
? Stipulates that TOD titles do not affect rights of
ownership before the owner's death, and do not affect
rights of the designated beneficiary or creditors of
the owner(s).
? TOD titles do not give legal or equitable preference
to the designated beneficiary.
? TOD titles do not affect designated beneficiaries'
eligibility for state public assistance.
4:07:47 PM
MS. COLQUHOUN continued with the sectional analysis for SB 104:
(n-p) Uniform standard of survivorship, requirements
to receive TOD title
• Requires that the designated beneficiary survive the
previous owner by 120 hours.
• Requires that the designated beneficiary submit
proof of the owner's death and an application and
associated fees to the DMV.
• If there are two beneficiaries listed on the TOD
title, they become joint owners.
(q) TOD titles may not be changed by other instruments
• Provides that TOD titles may only be changed by the
process outlined in section 3 and not by a will or any
other instrument.
(r) Gives the DOA authority to develop regulations to
implement the TOD titles, establish necessary forms
and fees, etc.
(s) Definitions
Section 4:
Amends AS 13.48.110(c) to add a person acting on
behalf of the surviving spouse of the decedent to the
list of people who may demand to enforce liability
against the decedents' property.
4:08:47 PM
MS. COLQUHOUN continued with the sectional analysis for SB 104:
Section 5:
Adds a new section to AS 28.10.275, relating to
vehicle titles, to clearly state that owners of
vehicles for which the DMV issues titles may obtain at
TOD title.
Section 6:
Gives the DoA authority to develop necessary
regulations.
Section 7:
Applies an immediate effective date to section 6 of
the bill to allow the department to develop
regulations.
Section 8:
Apples an effective date of July 1, 2025 to the
legislation except for section 7.
4:09:38 PM
VICE-CHAIR BJORKMAN opened public testimony on SB 104; finding
none, he closed public testimony.
4:10:11 PM
VICE-CHAIR BJORKMAN held SB 104 in committee.