House
File
583
-
Enrolled
House
File
583
AN
ACT
RELATING
TO
THE
TRANSFER
OF
CERTAIN
MOTOR
VEHICLES
BY
OPERATION
OF
LAW,
INCLUDING
ASSOCIATED
ODOMETER
DISCLOSURE
STATEMENTS,
AND
INCLUDING
RETROACTIVE
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
321.47,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
a.
The
persons
entitled
under
the
laws
of
descent
and
distribution
of
an
intestate’s
property
to
the
possession
and
ownership
of
a
vehicle
owned
in
whole
or
in
part
by
a
decedent
who
died
intestate
,
upon
filing
an
affidavit
stating
the
name
and
date
of
death
of
the
decedent,
the
right
to
possession
and
ownership
of
the
persons
filing
the
affidavit,
and
that
there
has
been
no
administration
of
the
decedent’s
estate,
which
instrument
shall
must
also
contain
an
agreement
by
the
affiant
to
indemnify
creditors
of
the
decedent
who
would
be
entitled
to
levy
execution
upon
the
motor
vehicle
to
the
extent
House
File
583,
p.
2
of
the
value
of
the
motor
vehicle,
are
entitled
shall,
upon
fulfilling
complying
with
the
other
title
transfer
requirements
of
this
chapter
,
to
the
issuance
of
be
issued
a
registration
card
for
the
decedent’s
interest
of
the
decedent
in
the
vehicle
and
a
certificate
of
title
to
it
the
vehicle
.
If
a
decedent
dies
died
testate,
and
either
the
will
is
not
probated
or
is
admitted
to
probate
without
administration,
the
persons
entitled
to
the
possession
and
ownership
of
a
vehicle
owned
in
whole
or
in
part
by
the
decedent
may
file
an
affidavit
and,
upon
fulfilling
complying
with
the
other
title
transfer
requirements
of
this
chapter
,
are
entitled
to
the
issuance
of
shall
be
issued
a
registration
card
for
the
decedent’s
interest
of
the
decedent
in
the
vehicle
and
a
certificate
of
title
to
the
vehicle.
The
affidavit
shall
must
contain
the
same
information
and
indemnity
agreement
as
is
required
in
cases
of
intestacy
pursuant
to
under
this
section
subsection
.
A
requirement
of
chapter
Chapter
450
shall
not
be
considered
is
not
satisfied
by
the
filing
of
the
affidavit
provided
for
in
this
section
subsection
.
If,
from
the
records
in
the
office
of
the
county
treasurer,
there
appear
to
be
any
liens
on
the
vehicle,
the
certificate
of
title
shall
must
contain
a
statement
of
the
liens
unless
the
application
is
accompanied
by
proper
evidence
of
their
the
satisfaction
or
extinction
of
such
liens
.
Evidence
of
extinction
may
consist
of,
includes
but
is
not
limited
to
,
an
affidavit
of
the
applicant
stating
that
a
security
interest
was
foreclosed
as
provided
in
chapter
554,
article
9,
part
6
.
The
department
shall
waive
the
certificate
of
title
fee
and
surcharge
required
under
sections
321.20
,
321.20A
,
321.23
,
321.46
,
321.52
,
and
321.52A
if
the
person
entitled
to
possession
and
ownership
of
a
vehicle,
as
provided
in
this
subsection
,
is
the
surviving
spouse
of
a
decedent.
b.
An
affiant
under
this
subsection
is
the
agent
of
the
owner
of
the
vehicle
solely
for
the
purpose
of
completing
the
odometer
disclosure
statement
under
section
321.71
and
regulations
promulgated
under
49
U.S.C.
ch.
327,
and
found
in
49
C.F.R.
pt.
580.
The
affiant
may
submit
any
required
odometer
disclosure
statement
together
with
the
affidavit
required
by
this
subsection.
House
File
583,
p.
3
Sec.
2.
RETROACTIVE
APPLICABILITY.
This
Act
applies
retroactively
to
vehicles
transferred
on
or
after
July
1,
2022.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
583,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor