SF 476 (LSB 1958SV (2) 87)

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 persons from fees related to the issuance of certificates of title.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.47, subsection 2, Code 2017, is amended to read as follows:
   2.  The persons entitled under the laws of descent and distribution of an intestate’s property to the possession and ownership of a vehicle owned in whole or in part by a decedent, upon filing an affidavit stating the name and date of death of the decedent, the right to possession and ownership of the persons filing the affidavit, and that there has been no administration of the decedent’s estate, which instrument shall also contain an agreement to indemnify creditors of the decedent who would be entitled to levy execution upon the motor vehicle to the extent of the value of the motor vehicle, are entitled upon fulfilling the other requirements of this chapter, to the issuance of a registration card for the interest of the decedent in the vehicle and a certificate of title to it. If a decedent dies testate, and either the will is not probated or is admitted to probate without administration, the persons entitled to the possession and ownership of a vehicle owned in whole or in part by the decedent may file an affidavit and, upon fulfilling the other requirements of this chapter, are entitled to the issuance of a registration card for the interest of the decedent in the vehicle and a certificate of title to the vehicle. The affidavit shall contain the same information and indemnity agreement as is required in cases of intestacy pursuant to this section. A requirement of chapter 450 shall not be considered satisfied by the filing of the affidavit provided for in this section. If, from the records in the office of the county treasurer, there appear to be any liens on the vehicle, the certificate of title shall contain a statement of the liens unless the application is accompanied by proper evidence of their satisfaction or extinction. Evidence of extinction may consist of, but is not limited to, an affidavit of the applicant stating that a security interest was foreclosed as provided in chapter 554, article 9, part 6. The department shall waive the certificate of title fee and surcharge required under sections 321.20, 321.20A, 321.23, 321.46, 321.52, and 321.52A if the person entitled to possession and ownership of a vehicle, as provided in this subsection, is the surviving spouse of a decedent or a co-owner listed on the certificate of title of the vehicle.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, a person who is entitled to possession and ownership of a motor vehicle owned in whole or in part by a deceased person is also entitled to the issuance of a certificate of title for the vehicle. The department of transportation (DOT) is required to waive the fees and surcharges related to the issuance of the certificate of title if the person is a surviving spouse of the deceased person.
   This bill requires the DOT to also waive the fees and surcharges related to the issuance of the certificate of title if the person is a co-owner listed on the certificate of title of the vehicle.