Bill Text: IA SF448 | 2017-2018 | 87th General Assembly | Enrolled

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Bill Title: A bill for an act relating to insurers in possession of salvage motor vehicles. (Formerly SSB 1178.) Effective 7-1-17.

Sponsorship: Committee Bill

Status: (Passed) 2017-04-07 - Signed by Governor. S.J. 952. [SF448 Detail]

Download: Iowa-2017-SF448-Enrolled.html

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Senate File 448 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON
                                  TRANSPORTATION

                              (SUCCESSOR TO SSB
                                  1178)
 \5
                                   A BILL FOR
 \1
                                        Senate File 448

                             AN ACT
 RELATING TO INSURERS IN POSSESSION OF SALVAGE MOTOR
    VEHICLES.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 321.45, subsection 2, paragraph a, Code
 2017, is amended by adding the following new subparagraph:
    NEW SUBPARAGRAPH.  (6)  An insurer obtains a salvage
 certificate of title for a vehicle pursuant to section 321.52,
 subsection 4, paragraph "0a".
    Sec. 2.  Section 321.52, subsection 4, Code 2017, is amended
 by adding the following new paragraph:
    NEW PARAGRAPH.  0a.  Notwithstanding any other provision of
 law to the contrary, an insurer may apply for and be issued
 a salvage certificate of title for a motor vehicle without
 surrendering the certificate of title or manufacturer's or
 importer's statement of origin properly assigned if ownership
 of the vehicle was transferred, or will transfer, to the
 insurer pursuant to a settlement with the previous owner of
 the vehicle arising from circumstances involving damage to
 the vehicle, and at least thirty days have expired since
 the effective date of such settlement. To obtain a salvage
 certificate of title pursuant to this paragraph "0a", the
 insurer shall submit an application for a salvage certificate
 of title to the county treasurer of the county in which
 the vehicle is stored by or on behalf of the insurer. The
 application shall be accompanied by an affidavit from the
 insurer in which the insurer certifies it has made at least
 two written attempts to obtain a properly assigned certificate
 of title or manufacturer's or importer's statement of origin
 for the vehicle by contacting the previous owner of the vehicle
 and all lienholders of record by certified mail or a similar
 service that provides proof of service using a return receipt,
 and has been unable to obtain the title or statement of origin.
 The failure of a previous owner or lienholder to provide a
 properly assigned certificate of title or manufacturer's or
 importer's statement of origin shall be deemed to be a waiver
 by the previous owner or lienholder of all rights, title,
 claim, and interest in the vehicle. The application shall also
 be accompanied by the application fee required under paragraph
 "a", and proof of payment of the total amount of the settlement
 by the insurer to the previous owner of the vehicle. Upon
 receiving an application that complies with this paragraph "0a",
 the county treasurer shall issue a salvage certificate of title
 to the insurer which shall be free and clear of all liens and
 claims of ownership and shall bear the word "SALVAGE" stamped
 or printed on the face of the title in a manner prescribed by
 the department.
    Sec. 3.  Section 321.67, Code 2017, is amended to read as
 follows:
    321.67  Certificate of title must be executed.
    1.  No person, except as provided in sections 321.23 and
 321.45, and section 321.52, subsection 2, paragraph "b", and
 section 321.52, subsection 4, paragraph "0a", shall sell
 or otherwise dispose of a registered vehicle or a vehicle
 subject to registration without delivering to the purchaser or
 transferee thereof a certificate of title with such assignment
 thereon as may be necessary to show title in the purchaser.
    2.  No person shall purchase or otherwise acquire or bring
 into this state a registered vehicle or a vehicle subject to
 registration without obtaining a certificate of title thereto
 except for temporary use or as provided in sections 321.23 and
 321.45, and section 321.52, subsection 2, paragraph "b", and
 section 321.52, subsection 4, paragraph "0a".
    Sec. 4.  Section 321.104, subsection 4, Code 2017, is amended
 to read as follows:
    4.  To sell, offer for sale, or transfer a motor vehicle,
 trailer, or semitrailer, except as provided in section 321.47
 or 321.48, or section 321.52, subsection 2, paragraph "b",
 or section 321.52, subsection 4, paragraph "0a", without
 obtaining a certificate of title in the name of the seller or
 transferor or without delivering to the purchaser or transferee
 a certificate of title or a manufacturer's or importer's
 certificate duly assigned to the purchaser or transferee as
 provided in this chapter.


                                                                                            JACK WHITVER


                                                                                            LINDA UPMEYER


                                                                                            W. CHARLES SMITH


                                                                                            TERRY E. BRANSTA

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