Senate Study Bill 1031

                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            NATURAL RESOURCES BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the regulation of vessels by increasing
  2    certain boat registration fees, and pilot and engineer
  3    licensing fees, providing for increased inspections of
  4    registered boats, and appropriating the moneys collected to
  5    the state fish and game protection fund.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN

  1  1    Section 1.  Section 462A.5, subsection 3, Code 2003, is
  1  2 amended to read as follows:
  1  3    3.  The registration fees for vessels subject to this
  1  4 chapter are as follows:
  1  5    a.  For vessels of any length without motor or sail, five
  1  6 eight dollars.
  1  7    b.  For motorboats or sailboats less than twelve sixteen
  1  8 feet in length, eight fifteen dollars.
  1  9    c.  For motorboats or sailboats twelve sixteen feet or
  1 10 more, but less than fifteen twenty=six feet in length, ten
  1 11 twenty=five dollars.
  1 12    d.  For motorboats or sailboats fifteen feet or more, but
  1 13 less than eighteen feet in length, twelve dollars.
  1 14    e.  For motorboats or sailboats eighteen feet or more, but
  1 15 less than twenty=five feet in length, eighteen dollars.
  1 16    f. d.  For motorboats or sailboats twenty=five twenty=six
  1 17 feet in length or more, twenty=eight thirty=five dollars.
  1 18    Every registration certificate and number issued becomes
  1 19 delinquent at midnight April 30 of odd=numbered years unless
  1 20 terminated or discontinued in accordance with this chapter.
  1 21 After January 1 in odd=numbered years, an unregistered vessel
  1 22 and a renewal of registration may be registered for the two=
  1 23 year registration period beginning May 1 of that year.  After
  1 24 January 1 in even=numbered years, unregistered vessels may be
  1 25 registered for the remainder of the current registration
  1 26 period at fifty percent of the appropriate registration fee.
  1 27    If a timely application for renewal is made, the applicant
  1 28 shall receive the same registration number allocated to the
  1 29 applicant for the previous registration period.  If the
  1 30 application for registration for the biennium is not made
  1 31 before May 1 of each odd=numbered year, the applicant shall be
  1 32 charged a penalty of five dollars.
  1 33    Sec. 2.  Section 462A.20, unnumbered paragraph 1, Code
  1 34 2003, is amended to read as follows:
  1 35    Any person having A vessel, either for hire or offered for
  2  1 hire, upon any waters of this state under the jurisdiction of
  2  2 the commission, any vessel, either for hire or offered for
  2  3 hire, must have such vessel and all its appurtenances annually
  2  4 may be inspected at any time by representatives of the
  2  5 commission or by any peace officer.
  2  6    Sec. 3.  Section 462A.22, Code 2003, is amended to read as
  2  7 follows:
  2  8    462A.22  ENGINEER OR PILOT LICENSE AND FEES.
  2  9    No A vessel shall not be operated for hire by a pilot or
  2 10 engineer upon the waters of this state under the jurisdiction
  2 11 of the commission unless the pilot or engineer first obtains
  2 12 an engineer's or pilot's license.  A pilot's license is
  2 13 required for any person who has charge of the steering or
  2 14 directing of the vessel's course or who does the steering or
  2 15 directs the vessel's course.  An engineer's license is
  2 16 required for all operators who have charge of or operate the
  2 17 equipment by which the boat is propelled.  If one person acts
  2 18 in a dual or alternate capacity, the person shall first obtain
  2 19 both an engineer's and pilot's license.
  2 20    Any person desiring a pilot's or engineer's license shall
  2 21 file an application with the commission upon forms prepared
  2 22 and furnished by the commission.  Such license may be issued
  2 23 by the commission only upon recommendation of an officer duly
  2 24 authorized by the commission.  Before the officer recommends
  2 25 such a license, the officer shall investigate the competency
  2 26 of the applicant, the applicant's acquaintance with and
  2 27 experience in boat work, habits as to sobriety, mental and
  2 28 physical qualifications for the work, acquaintance with the
  2 29 waters for which application to operate upon is made,
  2 30 familiarity with the laws and regulations pertaining to the
  2 31 vessel operation and all other pertinent matters.  Such
  2 32 license shall not be issued to anyone under eighteen years of
  2 33 age.
  2 34    The annual fee for a pilot's license is ten dollars.  The
  2 35 annual fee for an engineer's license is twenty dollars.  All
  3  1 fees for the licensing of pilots and engineers shall be
  3  2 forwarded by the commission to the treasurer of state, who
  3  3 shall place the money in the state fish and game protection
  3  4 fund.  The money so collected is appropriated to the
  3  5 commission solely for the administration and enforcement of
  3  6 navigation laws and water safety.
  3  7    Engineer's and pilot's licenses shall be in effect only for
  3  8 the calendar year in which such license is issued.
  3  9    Sec. 4.  Section 462A.52, Code 2003, is amended to read as
  3 10 follows:
  3 11    462A.52  FEES REMITTED TO COMMISSION.
  3 12    Within ten days after the end of each month, a county
  3 13 recorder shall remit to the commission all fees collected by
  3 14 the recorder during the previous month.  Before May 10 in odd=
  3 15 numbered years, a county recorder shall remit to the
  3 16 commission all unused license blanks for the previous
  3 17 biennium.  All fees collected for the registration of vessels
  3 18 shall be forwarded by the commission to the treasurer of the
  3 19 state, who shall place the money in a special conservation the
  3 20 state fish and game protection fund.  The money so collected
  3 21 is appropriated to the commission solely for the
  3 22 administration and enforcement of navigation laws and water
  3 23 safety.
  3 24    Sec. 5.  Section 462A.66, Code 2003, is amended to read as
  3 25 follows:
  3 26    462A.66  INSPECTION AUTHORITY.
  3 27    An officer of the commission or any peace officer may stop
  3 28 and inspect a vessel being launched, being operated, or being
  3 29 moored on the waters of this state under the jurisdiction of
  3 30 the commission to determine whether the vessel is properly
  3 31 registered, numbered, and equipped as provided under this
  3 32 chapter and rules of the commission.  An officer may board a
  3 33 vessel in the course of an inspection if the operator is
  3 34 unable to supply visual evidence that the vessel is properly
  3 35 registered and equipped as required by this chapter and rules
  4  1 of the commission.  The inspection shall not include an
  4  2 inspection of an area that is not essential to determine
  4  3 compliance with the provisions of this chapter and rules of
  4  4 the commission.
  4  5    Sec. 6.  Section 462A.21, Code 2003, is repealed.
  4  6                           EXPLANATION
  4  7    This bill relates to vessel regulation, increases the
  4  8 registration fees for certain vessels subject to Iowa's water
  4  9 navigation regulations, and abolishes the separate inspection
  4 10 fees.  The bill also provides that a vessel, either for hire
  4 11 or offered for hire, is subject to inspection at any time by
  4 12 representatives of the natural resource commission or by any
  4 13 peace officer rather than just annually.
  4 14    The bill increases the annual fees for a pilot's or
  4 15 engineer's license to operate a vessel for hire.
  4 16    The bill provides that all fees collected by the natural
  4 17 resource commission, including the vessel registration fees
  4 18 and the pilot's and engineer's license fees, shall be
  4 19 forwarded by the commission to the treasurer of state, shall
  4 20 be placed in the state fish and game protection fund, and are
  4 21 appropriated by the general assembly to the commission solely
  4 22 for the administration and enforcement of navigation laws and
  4 23 water safety.
  4 24    The bill repeals Code section 462A.21, which relates to
  4 25 inspections and annual fees for inspections of vessels
  4 26 operated for hire.
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