House
File
777
S-5110
Amend
House
File
777,
as
passed
by
the
House,
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
Section
321.52,
subsection
4,
paragraph
a,
Code
4
2026,
is
amended
to
read
as
follows:
5
a.
(1)
Notwithstanding
any
other
provision
of
law
to
the
6
contrary,
an
insurer
may
apply
for
and
be
issued
a
salvage
7
certificate
of
title
for
a
motor
vehicle
without
surrendering
8
the
certificate
of
title
or
manufacturer’s
or
importer’s
9
statement
of
origin
properly
assigned
if
ownership
of
the
10
vehicle
was
transferred,
or
will
transfer,
to
the
insurer
11
pursuant
to
a
settlement
with
the
previous
owner
of
the
vehicle
12
arising
from
circumstances
involving
damage
to
the
vehicle,
and
13
at
least
thirty
days
have
expired
since
the
effective
date
of
14
such
settlement.
15
(2)
To
obtain
a
salvage
certificate
of
title
pursuant
to
16
this
paragraph
“a”
,
the
insurer
shall
must
submit
an
application
17
for
a
salvage
certificate
of
title
to
any
county
treasurer.
18
(a)
The
application
shall
must
be
accompanied
by
an
19
affidavit
from
the
insurer
in
which
the
insurer
certifies
it
20
has
made
at
least
two
written
attempts
to
obtain
a
properly
21
assigned
certificate
of
title
or
manufacturer’s
or
importer’s
22
statement
of
origin
for
the
vehicle
by
contacting
the
previous
23
owner
of
the
vehicle
and
all
lienholders
of
record
by
certified
24
mail
or
a
similar
service
that
provides
proof
of
service
using
25
a
return
receipt,
and
has
been
unable
to
obtain
the
title
26
or
statement
of
origin.
The
failure
of
a
previous
owner
or
27
lienholder
to
provide
a
properly
assigned
certificate
of
title
28
or
manufacturer’s
or
importer’s
statement
of
origin
shall
be
29
deemed
to
be
a
waiver
by
the
previous
owner
or
lienholder
of
30
all
rights,
title,
claim,
and
interest
in
the
vehicle.
31
(b)
Notwithstanding
chapter
9B,
section
633B.105,
or
32
any
other
provision
to
the
contrary,
a
supporting
document
33
submitted
with
the
application,
including
but
not
limited
to
a
34
power
of
attorney
described
in
section
321.49,
a
replacement
35
-1-
HF
777.2261
(2)
91
th/ns
1/
2
#1.
certificate
of
title
application
for
the
vehicle
owner
1
described
in
section
321.42,
or
an
odometer
statement
required
2
under
section
321.71
if
permitted
under
49
C.F.R.
pt.
580,
may
3
be
signed
and
affirmed
under
penalty
of
perjury
in
lieu
of
a
4
notarized
signature
and,
in
accordance
with
chapter
554D,
the
5
signature
may
be
electronic.
The
affirmation
under
penalty
of
6
perjury
is
limited
to
the
signature
identifying
the
signer
as
7
the
owner
or
the
signer’s
representation
of
the
authority
of
8
the
named
agent
to
sign
on
the
owner’s
behalf.
9
(c)
The
application
shall
must
also
be
accompanied
by
the
10
application
fee
required
under
paragraph
“b”
,
and
proof
of
11
payment
of
the
total
amount
of
the
settlement
by
the
insurer
12
to
the
previous
owner
of
the
vehicle.
Upon
receiving
an
13
application
that
complies
with
this
paragraph
“a”
,
the
county
14
treasurer
shall
issue
a
salvage
certificate
of
title
to
the
15
insurer
which
shall
be
is
free
and
clear
of
all
liens
and
16
claims
of
ownership
and
shall
must
bear
the
word
“SALVAGE”
17
stamped
or
printed
on
the
face
of
the
title
in
a
manner
18
prescribed
by
the
department.
19
(d)
The
insurer
shall
indemnify
and
hold
harmless
the
20
department
or
a
county
treasurer,
as
applicable,
for
any
21
claims
resulting
from
issuing
a
certificate
of
title,
salvage
22
certificate
of
title,
or
junking
certificate,
or
the
addition
23
or
release
of
a
lien
from
a
title
pursuant
to
this
subparagraph
24
(2).
The
insurer
shall
indemnify
the
vehicle
owner
by
up
to
25
two
times
the
actual
cash
value
of
the
vehicle
settlement
for
26
any
damages
resulting
from
use
of
the
electronic
signature
in
27
accordance
with
this
subparagraph
(2).
28
Sec.
2.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
29
2027.
>
30
______________________________
COMMITTEE
ON
TRANSPORTATION
DAN
ZUMBACH,
CHAIRPERSON
-2-
HF
777.2261
(2)
91
th/ns
2/
2