Bill Text: IA HF326 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act exempting co-owners of motor vehicles of deceased persons from fees related to the issuance of certificates of title. (Formerly HSB 57)(See HF 627.)

Sponsorship: Committee Bill

Status: (Introduced - Dead) 2017-04-12 - Withdrawn. H.J. 995. [HF326 Detail]

Download: Iowa-2017-HF326-Introduced.html

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House File 326 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON LOCAL
                                     GOVERNMENT

                                 (SUCCESSOR TO HSB 57)

                                      A BILL FOR

  1 An Act exempting co=owners of motor vehicles of deceased
  2    persons from fees related to the issuance of certificates of
  3    title.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1958HV (1) 87
    ns/nh

PAG LIN



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