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