HF 583 — A bill for an act relating to the transfer of certain motor vehicles by operation of law, including associated odometer disclosure statements, and including retroactive applicability provisions.

KimHouse ReynoldsFile O583 f- fEnrolled iHouse cFile e583 oAN fACT tRELATING hTO eTHE GTRANSFER oOF vCERTAIN eMOTOR rVEHICLES nBY oOPERATION rOF ALAW, dINCLUDING aASSOCIATED mODOMETER GreggDISCLOSURE LSTATEMENTS, TAND GINCLUDING ORETROACTIVE VAPPLICABILITY EPROVISIONS. R N O R G O V E R N O R June 1.2023 The Honorable Paul Pate SecretaryofStateofIowa StaleCapitol Des Moines.Iowa 50319 Dear Mr.Secretaiy 1herebytransmit:

HouseBE File583.anIT ActrelatingtothetransferofcertainmotorvehiclesbyoperationofENACTED law.includingassociatedodometerdisclosurestatements,andincludingretroactiveBY applicabilityprovisions.THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

TheaboveSection House1. Fileisherebyapprovedon thisdale.

Sincerelv.Section 321.47, subsection 2, Code 2023, is amended to read as follows:

Kim Reyn Governor of Iowa cc:

SecretaryoftheSenate STATE CAPITOL DES MOINES,IOWA 50319 515.281.5211 FAX 515.725.352WWW.GOVERNOR.IOWA.GOV BlOKT HAINTAI ffiffriniiniiinniiiiiiniimiltliiiillinnilllllliillllliriiiMi;:'-"-:

H o u s e F i l e 5 8 3 A N A C T R E L A T I N G T O T H E T R A N S F E R O F C E R T A I N M O T O R V E H I C L E S B Y O P E R A T I O N OF LAW, INCLUDING ASSOCIATED ODOMETER DISCLOSURE STATEMENTS, A N D I N C L U D I N G R E T R O A C T I V E A P P L I C A B I L I T Y P R O V I S I O N S .

B E I T E N A C T E D B Y T H E G E N E R A L A S S E M B L Y O F T H E S T A T E O F I O W A :

Section 1, Section 321.47f subsection 2, Code 2023, is a m e n d e d t o r e a d a s f o l l o w s :

Thea. persons entitled under the laws of descent and distribution of an intcatatc^o 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 ohall 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.

2The ofpersons entitled under the valuelaws of descent and distribution of an intestate’s property to the motorpossession vehicle,and arcownership entitledof shall,a vehicle owned in whole or in part by a decedent who died intestate , upon fulfillingfiling complyingan withaffidavit stating the othername titleand transferdate requirementsof death of thisthe chapter,decedent, the right to thepossession issuanceand ownership of bethe issuedpersons afiling registrationthe cardaffidavit, forand thethat decedent'sthere interesthas been no administration of the dGCGdcntdecedent’s inestate, which instrument shall must also contain an agreement by the vehicleaffiant andto aindemnify certificatecreditors of titlethe decedent who would be entitled to ilevy texecution upon the vehicle.motor vehicle to the extent House File 583, p.

If2 aof decedent dies died testate, and either the willvalue 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 decedentmotor mayvehicle, fileare anentitled affidavitshall, and, upon fulfilling complying with the other title transfer requirements of this chapter, arc ontitlod to the issuance of-of shall be issued a registration card for the decedent'sdecedent’s interest oof f the decedent in the vehicle and a certificate oof f title tto oit the vehicle.

TIf ha edecedent affidavitdies sdied htestate, aand leither lthe mustwill containis not probated or is admitted to probate without administration, the samepersons informationentitled to the possession and indemnityownership agreementof asa isvehicle requiredowned in caseswhole or in part by the decedent may file an affidavit and, upon fulfilling complying with the other title transfer requirements of intestacythis pursuantchapter, are entitled to underthe thisissuance sectionof subsection.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.

AThe requirementaffidavit ofshall chaptermust Chaptercontain 450the shallsame notinformation boand consideredindemnity isagreement notas satisfiedis byrequired thein filingcases of theintestacy affidavitpursuant providedto forunder in 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.

Evidence of extinction may consist ofyof, includes but is not limited tOT-to, an affidavit of the applicant stating that a security interest was foreclosed as provided in chapter 554, article 9, part 6.

House File 583r583, p.

P______________________________ A______________________________ 0PAT RGRASSLEY A S S L E Y AMY SINC^IRSINCLAIR Speaker of the House President oof f the Senate I hereby certify that this bill originated in the House and is known as House File 583, Ninetieth General Assembly.

MEGHA^I______________________________ MEGHAN NELSON ^1-Chief ApprovedClerk ,of 2023the YHouse NApproved O_______________, L2023 D______________________________ SKIM GREYNOLDS oGovernor v e r n o r