Senate
File
476
-
Introduced
SENATE
FILE
476
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
SSB
1063)
(COMPANION
TO
HF
326
BY
COMMITTEE
ON
LOCAL
GOVERNMENT)
A
BILL
FOR
An
Act
exempting
co-owners
of
motor
vehicles
of
deceased
1
persons
from
fees
related
to
the
issuance
of
certificates
of
2
title.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1958SV
(2)
87
ns/nh
S.F.
476
Section
1.
Section
321.47,
subsection
2,
Code
2017,
is
1
amended
to
read
as
follows:
2
2.
The
persons
entitled
under
the
laws
of
descent
and
3
distribution
of
an
intestate’s
property
to
the
possession
4
and
ownership
of
a
vehicle
owned
in
whole
or
in
part
by
a
5
decedent,
upon
filing
an
affidavit
stating
the
name
and
date
of
6
death
of
the
decedent,
the
right
to
possession
and
ownership
7
of
the
persons
filing
the
affidavit,
and
that
there
has
been
8
no
administration
of
the
decedent’s
estate,
which
instrument
9
shall
also
contain
an
agreement
to
indemnify
creditors
of
10
the
decedent
who
would
be
entitled
to
levy
execution
upon
11
the
motor
vehicle
to
the
extent
of
the
value
of
the
motor
12
vehicle,
are
entitled
upon
fulfilling
the
other
requirements
of
13
this
chapter
,
to
the
issuance
of
a
registration
card
for
the
14
interest
of
the
decedent
in
the
vehicle
and
a
certificate
of
15
title
to
it.
If
a
decedent
dies
testate,
and
either
the
will
is
16
not
probated
or
is
admitted
to
probate
without
administration,
17
the
persons
entitled
to
the
possession
and
ownership
of
a
18
vehicle
owned
in
whole
or
in
part
by
the
decedent
may
file
19
an
affidavit
and,
upon
fulfilling
the
other
requirements
of
20
this
chapter
,
are
entitled
to
the
issuance
of
a
registration
21
card
for
the
interest
of
the
decedent
in
the
vehicle
and
a
22
certificate
of
title
to
the
vehicle.
The
affidavit
shall
23
contain
the
same
information
and
indemnity
agreement
as
is
24
required
in
cases
of
intestacy
pursuant
to
this
section
.
A
25
requirement
of
chapter
450
shall
not
be
considered
satisfied
by
26
the
filing
of
the
affidavit
provided
for
in
this
section
.
If,
27
from
the
records
in
the
office
of
the
county
treasurer,
there
28
appear
to
be
any
liens
on
the
vehicle,
the
certificate
of
title
29
shall
contain
a
statement
of
the
liens
unless
the
application
30
is
accompanied
by
proper
evidence
of
their
satisfaction
or
31
extinction.
Evidence
of
extinction
may
consist
of,
but
is
32
not
limited
to,
an
affidavit
of
the
applicant
stating
that
a
33
security
interest
was
foreclosed
as
provided
in
chapter
554,
34
article
9,
part
6
.
The
department
shall
waive
the
certificate
35
-1-
LSB
1958SV
(2)
87
ns/nh
1/
2
S.F.
476
of
title
fee
and
surcharge
required
under
sections
321.20
,
1
321.20A
,
321.23
,
321.46
,
321.52
,
and
321.52A
if
the
person
2
entitled
to
possession
and
ownership
of
a
vehicle,
as
provided
3
in
this
subsection
,
is
the
surviving
spouse
of
a
decedent
or
a
4
co-owner
listed
on
the
certificate
of
title
of
the
vehicle
.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
Under
current
law,
a
person
who
is
entitled
to
possession
9
and
ownership
of
a
motor
vehicle
owned
in
whole
or
in
part
10
by
a
deceased
person
is
also
entitled
to
the
issuance
of
11
a
certificate
of
title
for
the
vehicle.
The
department
12
of
transportation
(DOT)
is
required
to
waive
the
fees
and
13
surcharges
related
to
the
issuance
of
the
certificate
of
title
14
if
the
person
is
a
surviving
spouse
of
the
deceased
person.
15
This
bill
requires
the
DOT
to
also
waive
the
fees
and
16
surcharges
related
to
the
issuance
of
the
certificate
of
title
17
if
the
person
is
a
co-owner
listed
on
the
certificate
of
title
18
of
the
vehicle.
19
-2-
LSB
1958SV
(2)
87
ns/nh
2/
2