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 TLSB 2491YH (3) 90 th/ns

H.F. 492 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 35 -1- LSB 2491YH (3) 90 th/ns 1/ 3

H.F. 492 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 35 -2- LSB 2491YH (3) 90 th/ns 2/ 3

H.F. 492 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). 8 -3- LSB 2491YH (3) 90 th/ns 3/ 3