Bill Text: IA HF492 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the transfer of certain motor vehicles by operation of law, including associated odometer disclosure statements.(See HF 583.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-09 - Withdrawn. H.J. 596. [HF492 Detail]
Download: Iowa-2023-HF492-Introduced.html
House
File
492
-
Introduced
HOUSE
FILE
492
BY
GUSTOFF
A
BILL
FOR
An
Act
relating
to
the
transfer
of
certain
motor
vehicles
by
1
operation
of
law,
including
associated
odometer
disclosure
2
statements.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
321.47,
subsection
2,
Code
2023,
is
1
amended
to
read
as
follows:
2
2.
a.
The
persons
entitled
under
the
laws
of
descent
and
3
distribution
of
an
intestate’s
property
to
the
possession
and
4
ownership
of
a
vehicle
owned
in
whole
or
in
part
by
a
decedent
5
who
died
intestate
,
upon
filing
an
affidavit
stating
the
name
6
and
date
of
death
of
the
decedent,
the
right
to
possession
7
and
ownership
of
the
persons
filing
the
affidavit,
and
that
8
there
has
been
no
administration
of
the
decedent’s
estate,
9
which
instrument
shall
must
also
contain
an
agreement
by
the
10
affiant
to
indemnify
creditors
of
the
decedent
who
would
be
11
entitled
to
levy
execution
upon
the
motor
vehicle
to
the
extent
12
of
the
value
of
the
motor
vehicle,
are
entitled
shall,
upon
13
fulfilling
complying
with
the
other
title
transfer
requirements
14
of
this
chapter
,
to
the
issuance
of
be
issued
a
registration
15
card
for
the
decedent’s
interest
of
the
decedent
in
the
vehicle
16
and
a
certificate
of
title
to
it
the
vehicle
.
If
a
decedent
17
dies
died
testate,
and
either
the
will
is
not
probated
or
18
is
admitted
to
probate
without
administration,
the
persons
19
entitled
to
the
possession
and
ownership
of
a
vehicle
owned
20
in
whole
or
in
part
by
the
decedent
may
file
an
affidavit
21
and,
upon
fulfilling
complying
with
the
other
title
transfer
22
requirements
of
this
chapter
,
are
entitled
to
the
issuance
23
of
shall
be
issued
a
registration
card
for
the
decedent’s
24
interest
of
the
decedent
in
the
vehicle
and
a
certificate
of
25
title
to
the
vehicle.
The
affidavit
shall
must
contain
the
26
same
information
and
indemnity
agreement
as
is
required
in
27
cases
of
intestacy
pursuant
to
under
this
section
subsection
.
28
A
requirement
of
chapter
Chapter
450
shall
not
be
considered
29
is
not
satisfied
by
the
filing
of
the
affidavit
provided
for
30
in
this
section
subsection
.
If,
from
the
records
in
the
31
office
of
the
county
treasurer,
there
appear
to
be
any
liens
32
on
the
vehicle,
the
certificate
of
title
shall
must
contain
a
33
statement
of
the
liens
unless
the
application
is
accompanied
by
34
proper
evidence
of
their
the
satisfaction
or
extinction
of
such
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liens
.
Evidence
of
extinction
may
consist
of,
includes
but
is
1
not
limited
to
,
an
affidavit
of
the
applicant
stating
that
a
2
security
interest
was
foreclosed
as
provided
in
chapter
554,
3
article
9,
part
6
.
The
department
shall
waive
the
certificate
4
of
title
fee
and
surcharge
required
under
sections
321.20
,
5
321.20A
,
321.23
,
321.46
,
321.52
,
and
321.52A
if
the
person
6
entitled
to
possession
and
ownership
of
a
vehicle,
as
provided
7
in
this
subsection
,
is
the
surviving
spouse
of
a
decedent.
8
b.
An
affiant
under
this
subsection
is
the
agent
of
the
9
owner
of
the
vehicle
solely
for
the
purpose
of
completing
10
the
odometer
disclosure
statement
under
section
321.71
and
11
regulations
promulgated
under
49
U.S.C.
ch.
327,
and
found
12
in
49
C.F.R.
pt.
580.
The
affiant
may
submit
any
required
13
odometer
disclosure
statement
together
with
the
affidavit
14
required
by
this
subsection.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
Under
current
law,
a
certificate
of
title
cannot
be
issued
19
for
a
motor
vehicle
which
is
equipped
with
an
odometer
by
20
the
manufacturer,
unless
an
odometer
statement
which
is
in
21
compliance
with
federal
law
and
regulations
has
been
made
22
by
the
transferor
of
the
vehicle
and
is
furnished
with
the
23
application
for
certificate
of
title,
or
unless
an
exemption
24
applies
under
federal
regulations.
25
If
a
decedent
owned
a
motor
vehicle,
a
person
entitled
26
under
the
laws
of
descent
and
distribution
to
the
possession
27
and
ownership
of
the
vehicle
may
file
an
affidavit
stating
the
28
name
and
date
of
death
of
the
decedent,
the
person’s
right
to
29
possession
and
ownership
of
the
vehicle,
and
that
there
has
30
been
no
administration
of
the
decedent’s
estate,
and,
upon
31
fulfilling
the
other
requirements
of
Code
chapter
321,
is
32
then
entitled
to
the
issuance
of
a
registration
card
for
the
33
decedent’s
interest
of
the
vehicle
and
a
certificate
of
title
34
to
the
vehicle.
This
affidavit
process
is
available
regardless
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of
whether
the
decedent
had
a
will.
1
This
bill
makes
an
affiant
under
Code
section
321.47(2)
2
the
agent
of
the
owner
of
the
vehicle
solely
for
the
purpose
3
of
completing
the
odometer
disclosure
statement
required
4
under
Code
section
321.71
and
federal
regulations.
The
5
bill
authorizes
the
affiant
to
submit
any
required
odometer
6
disclosure
statement
together
with
the
affidavit
required
by
7
Code
section
321.47(2).
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