Text: HSB00649 Text: HSB00651 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321G.4, unnumbered paragraph 2, Code 1 2 Supplement 1999, is amended to read as follows: 1 3 The owner of the all-terrain vehicle or snowmobile shall 1 4 file an application for registration with the appropriate 1 5 county recorder on forms provided by the commission. The 1 6 application shall be completed and signed by the owner of the 1 7 all-terrain vehicle or snowmobile and shall be accompanied by 1 8 a fee of twenty-five dollars and a writing fee as provided in 1 9 section 321G.27. An all-terrain vehicle or a snowmobile shall 1 10 not be registered by the county recorder until the county 1 11 recorder is presented with receipts, bills of sale, or other 1 12 satisfactory evidence that the sales or use tax has been paid 1 13 for the purchase of the all-terrain vehicle or snowmobile or 1 14 that the owner is exempt from paying the tax. However, an 1 15 owner of an all-terrain vehicle, except an all-terrain vehicle 1 16 purchased new on or after January 1, 1990, may apply for 1 17 registration without proof of sales or use tax paid until one 1 18 year after January 1, 1990. An all-terrain vehicle or 1 19 snowmobile that has an expired registration certificate from 1 20 another state may be registered in this state upon proper 1 21 application, payment of all applicable registration and 1 22 writing fees, and payment of a penalty of five dollars. 1 23 Sec. 2. Section 321G.27, Code 1999, is amended to read as 1 24 follows: 1 25 321G.27 WRITING FEES. 1 26 The county recorder shall collect a writing fee ofone1 27dollartwo dollars for an all-terrain vehicle or snowmobile 1 28 registration. 1 29 Sec. 3. Section 331.301, subsection 10, unnumbered 1 30 paragraph 1, Code Supplement 1999, is amended to read as 1 31 follows: 1 32 A county may enter into leases or lease-purchase contracts 1 33 for real or personal property, subject to the approval of the 1 34 board of supervisors, in accordance with the following terms 1 35 and procedures: 2 1 Sec. 4. Section 331.301, subsection 10, paragraph d, Code 2 2 Supplement 1999, is amended to read as follows: 2 3 d.TheUnless otherwise provided, the board must follow 2 4 substantially the same authorization procedure required for 2 5 the issuance of general obligation bonds issued for the same 2 6 purpose to authorize a lease or a lease-purchase contract made 2 7 payable from the debt service fund. 2 8 Sec. 5. Section 331.301, subsection 10, paragraph e, 2 9 subparagraph (1), unnumbered paragraph 1, Code Supplement 2 10 1999, is amended to read as follows: 2 11 The board must follow substantially the authorization 2 12 procedures of section 331.443 to authorize a lease or lease- 2 13 purchase contract for personal property which is payable from 2 14 the general fund. The board must follow substantially the 2 15 authorization procedures of section 331.443 to authorize a 2 16 lease or lease-purchase contract for real property which is 2 17 payable from the general fund if the principal amount of the 2 18 lease-purchase contractdoes not exceedexceeds the following 2 19 limits: 2 20 Sec. 6. Section 331.301, subsection 10, Code Supplement 2 21 1999, is amended by adding the following new paragraph: 2 22 NEW PARAGRAPH. j. The notice and hearing requirements of 2 23 this subsection do not apply if the principal amount of the 2 24 lease-purchase contract is twenty-five thousand dollars or 2 25 less. 2 26 Sec. 7. Section 331.502, subsection 41, Code 1999, is 2 27 amended by striking the subsection. 2 28 Sec. 8. Section 331.507, subsection 2, paragraph a, Code 2 29 1999, is amended to read as follows: 2 30 a. For a transfer of property made in the transfer 2 31 records,fivefifteen dollars for each separate parcel of real 2 32 estate described in a deed, contract for deed, or transfer of 2 33 title certified by the clerk of the district court. However, 2 34 the fee shall not exceed one hundred fifty dollars for a 2 35 transfer of property which is described in one instrument of 3 1 transfer. 3 2 Sec. 9. Section 462A.5, subsection 1, unnumbered paragraph 3 3 2, Code 1999, is amended to read as follows: 3 4 The owner of the vessel shall file an application for 3 5 registration with the appropriate county recorder on forms 3 6 provided by the commission. The application shall be 3 7 completed and signed by the owner of the vessel and shall be 3 8 accompanied by the appropriate fee, and a writing feeof one3 9dollaras provided in section 462A.53. Upon applying for 3 10 registration the owner shall display a bill of sale, receipt, 3 11 or other satisfactory proof of ownership as provided by the 3 12 rules of the commission to the county recorder. Upon receipt 3 13 of the application in approved form accompanied by the 3 14 required fees, the county recorder shall enter it upon the 3 15 records of the recorder's office and shall issue to the 3 16 applicant a pocket-size registration certificate. The 3 17 certificate shall be executed in triplicate, one copy to be 3 18 delivered to the owner, one copy to the commission, and one 3 19 copy to be retained on file by the county recorder. The 3 20 registration certificate shall bear the number awarded to the 3 21 vessel, the passenger capacity of the vessel and the name and 3 22 address of the owner. In the use of all vessels except 3 23 nonpowered sailboats, nonpowered canoes and commercial 3 24 vessels, the registration certificate shall be carried either 3 25 in the vessel or on the person of the operator of the vessel 3 26 when in use. In the use of nonpowered sailboats, nonpowered 3 27 canoes or commercial vessels, the registration certificate may 3 28 be kept on shore in accordance with rules adopted by the 3 29 commission. The operator shall exhibit the certificate to a 3 30 peace officer upon request, or, when involved in a collision 3 31 or accident of any nature with another vessel or other 3 32 personal property, to the owner or operator of the other 3 33 vessel or personal property. 3 34 Sec. 10. Section 462A.5, subsection 4, unnumbered 3 35 paragraphs 3 and 5, Code 1999, are amended to read as follows: 4 1NoA feeshallneed not be paid to the county recorder for 4 2 making the changes mentioned in this subsection, unless the 4 3 owner requests a new registration certificate showing the 4 4 change, in which case a fee of one dollar plus a writing fee 4 5 as provided in section 462A.53 shall be paid to the recorder. 4 6 A fee of one dollar plus a writing fee as provided in 4 7 section 462A.53 shall be paid to the county recorder for a 4 8 duplicate registration certificate. 4 9 Sec. 11. Section 462A.5, subsection 6, Code 1999, is 4 10 amended to read as follows: 4 11 6. The owner of each vessel which has a valid marine 4 12 document issued by the bureau of customs of the United States 4 13 government or any federal agency successor thereto shall 4 14 register it every two years with the county recorder in the 4 15 same manner prescribed for undocumented vessels and shall 4 16 cause the registration validation decal to be placed on the 4 17 vessel in the manner prescribed by the rules of the 4 18 commission. When the vessel bears the identification required 4 19 in the documentation, it is exempt from the placement of the 4 20 identification numbers as required on undocumented vessels. 4 21 The fee for such registration is twenty-five dollars plus a 4 22 writing fee as provided in section 462A.53. 4 23 Sec. 12. Section 462A.5, subsection 7, Code 1999, is 4 24 amended to read as follows: 4 25 7. If the owner of a currently registered vessel places 4 26 the vessel in storage, the owner shall return the registration 4 27 certificate to the county recorder with an affidavit stating 4 28 that the vessel is placed in storage and the effective date of 4 29 the storage. The county recorder shall notify the commission 4 30 of each registered vessel placed in storage. When the owner 4 31 of a stored vessel desires to renew the vessel's registration, 4 32 the owner shall apply to the county recorder and pay the 4 33 registration fees plus a writing fee as provided in 4 34subsections 1 and 3section 462A.53 without penalty.NoA 4 35 refund of registration fees shall not be allowed for a stored 5 1 vessel. 5 2 Sec. 13. Section 462A.44, Code 1999, is amended to read as 5 3 follows: 5 4 462A.44 APPLICATION FOR TRANSFER. 5 5 The purchaser or transferee shall, except as otherwise 5 6 provided by this chapter, within five days file a new 5 7 application form with the county recorder with a fee of one 5 8 dollar andthe appropriatea writing fee as provided in 5 9 section 462A.53, and a transfer of number shall be awarded in 5 10 the same manner as provided for in an original registration. 5 11 Sec. 14. Section 462A.53, Code 1999, is amended to read as 5 12 follows: 5 13 462A.53 AMOUNT OF WRITING FEES. 5 14 A writing fee ofone dollartwo dollars for each 5 15 transaction shall be collected by the county recorder. If two 5 16 or more functions are transacted for the same vessel at one 5 17 time, the writing fee is limited toone dollartwo dollars. 5 18 Sec. 15. Section 556F.2, Code 1999, is amended to read as 5 19 follows: 5 20 556F.2 WARRANT – APPRAISAL – RETURN – RECORD. 5 21TheWhen the affidavit is presented to the court, the 5 22 district judge, district associate judge, judicial magistrate, 5 23 or district court clerk shallthereuponissue a warrant, 5 24 directed to some peace officer, commanding the peace officer 5 25 to summon three respectable householders of the neighborhood, 5 26 who shall proceed without delay to examine and appraise the 5 27 property, including cargo, tackle, rigging, and other 5 28 appendages if applicable, and to submit a report regarding the 5 29 examination and appraisal to the magistrate, judge, or clerk 5 30 issuing the warrant, who shall transmit a certified copy to 5 31 the countyauditorsheriff to be recorded in a lost property 5 32 book in theauditor'ssheriff's office. 5 33 Sec. 16. Section 556F.4, Code 1999, is amended to read as 5 34 follows: 5 35 556F.4 VALUE EXCEEDING TWENTY DOLLARS. 6 1 If the valuethereof shall exceedof lost property as 6 2 described in section 556F.1 exceeds the sum of twenty dollars, 6 3 the countyauditorsheriff, within five days from the time of 6 4 the reception of the magistrate, judge, or clerk's certificate 6 5 at theauditor'ssheriff's office, shall causean6 6advertisement to be posted on the door of the courthouse, and6 7at three other of the most public places in the county, and6 8alsoa notice to be published once each week for three weeks 6 9 successively, in some newspaper printed in this state; and if 6 10suchthe lost propertybeis not claimed or proved within 6 11 ninety days afterthe advertisement of the same, as aforesaid6 12 the date of such publication, the finder shall deliver the 6 13sameproperty to the sheriff of the countywherein it was6 14taken upwhere the property was found, who shallthereupon6 15proceed tosell it at public auction to the highest bidder for 6 16 cash, having first given ten days' notice of the time and 6 17 place of sale, and the proceeds of all such sales, after 6 18 deducting the costs and other necessary expenses, shall be 6 19 paid into the county treasury. 6 20 Sec. 17. Section 556F.7, Code 1999, is amended to read as 6 21 follows: 6 22 556F.7 WHEN OWNER UNKNOWN. 6 23 If the owner is unknown, the finder shall, within five days 6 24 after finding the property, take the money, bank notes, and a 6 25 description of any other property before the countyauditor6 26 sheriff of the county where the property was found, and 6 27 provide an affidavit describing the property, the time when 6 28 and place where the property was found, and attesting thatno6 29 alteration has not been made in the appearance of the property 6 30 since the finding. The countyauditorsheriff shall enter a 6 31 description of the property and the valuethereofof the 6 32 property, as nearly as theauditorsheriff can determine it, 6 33 in theauditor'ssheriff's lost property book, together with 6 34 the affidavit of the finder. 6 35 Sec. 18. Section 556F.9, Code 1999, is amended to read as 7 1 follows: 7 2 556F.9 RECORD OF PUBLICATION. 7 3 Proof of publication ofsaidthe notice and of the posting 7 4thereofof the notice shall be made by affidavits of the 7 5 publisher and the person postingsaidthe notices, andsaid7 6 the affidavits shall be filed in the office of the county 7 7auditorsheriff ofsaidthe county. 7 8 Sec. 19. Section 556F.10, Code 1999, is amended to read as 7 9 follows: 7 10 556F.10 ADDITIONAL PUBLICATION. 7 11 Theaffidavits provided for in section 556F.9 shall be7 12entered by the auditorsheriff shall give notice of the 7 13 affidavits to the county auditor who shall enter notice of the 7 14 affidavits in the proceedings of the board of supervisors and 7 15 thesamenotice shall be published with the proceedings of 7 16saidthe board. 7 17 Sec. 20. Section 556F.11, Code 1999, is amended to read as 7 18 follows: 7 19 556F.11 VESTING OF TITLE. 7 20 If no person appears to claim and prove ownership tosaid7 21 the goods, money, bank notes, or other things within twelve 7 22 months of the date when proof ofsaidthe publication and 7 23 posting is filed in the office of the countyauditorsheriff, 7 24 the right to such property shall irrevocably vest insaidthe 7 25 finder. 7 26 Sec. 21. Section 556F.16, Code 1999, is amended to read as 7 27 follows: 7 28 556F.16 RESPONSIBILITY OF TAKER-UP. 7 29 If the taker-up of any watercraft, logs, or lumber, or 7 30 finder of lost goods, bank notes, or other things, takes 7 31 reasonable care of the property, and any unavoidable accident 7 32 happens to the property without the fault or neglect of the 7 33 finder or taker-up before the owner has an opportunity of 7 34 reclaiming the property, the taker-up or finder shall not be 7 35 accountable for the unavoidable accident, if within ten days 8 1 of the accident, the finder or taker-up certifies the accident 8 2 to the countyauditorsheriff, who shall make an entry of the 8 3 accident in theauditor'ssheriff's lost property book. 8 4 Sec. 22. Section 558.57, unnumbered paragraph 1, Code 8 5 1999, is amended to read as follows: 8 6 The recorder shall not record any deed or other instrument 8 7 unconditionally conveying real estate or any contract for deed 8 8 until the proper entries have been made upon the transfer 8 9 books in the auditor's office, and endorsement made upon the 8 10 deed or other instrument properly dated and officially signed, 8 11 in substantially the following form: 8 12 Sec. 23. Section 598.21, subsection 1, unnumbered 8 13 paragraph 1, Code Supplement 1999, is amended to read as 8 14 follows: 8 15 Upon every judgment of annulment, dissolution or separate 8 16 maintenance the court shall divide the property of the parties 8 17 and transfer the title of the property accordingly, including 8 18 issuing a quitclaim deed or a change of title for tax purposes 8 19 and recording with the county recorder of the county where the 8 20 property is located and assigning payment of the cost of 8 21 issuance and recording to one or both of the parties. The 8 22 court may protect and promote the best interests of children 8 23 of the parties by setting aside a portion of the property of 8 24 the parties in a separate fund or conservatorship for the 8 25 support, maintenance, education, and general welfare of the 8 26 minor children. The court shall divide all property, except 8 27 inherited property or gifts received by one party, equitably 8 28 between the parties after considering all of the following: 8 29 EXPLANATION 8 30 This bill makes changes to the law relating to powers and 8 31 duties of the county auditor, recorder, and sheriff, the 8 32 county board of supervisors, and the district court as it 8 33 relates to the duties of county recorders. 8 34 The bill increases the writing fee collected by the county 8 35 recorder from $1 to $2 for boats, snowmobiles, and all-terrain 9 1 vehicles. The writing fee is a processing or handling fee and 9 2 is not the registration fee for the vessel or vehicle. 9 3 The bill allows a county to bypass the notice and hearing 9 4 requirements before entering into a lease-purchase contract if 9 5 the principal amount of the contract is $25,000 or less. The 9 6 bill also specifies that lease-purchase contracts entered into 9 7 by a county are subject to the approval of the board of 9 8 supervisors. 9 9 The bill increases the fees for filing transfers of 9 10 property from $5 to $15 and includes a contract for deed as a 9 11 transfer document. The maximum fee that may be charged for 9 12 transfers described in one instrument of transfer is increased 9 13 from $50 to $150. 9 14 The bill transfers the powers and duties related to lost 9 15 property from the office of county auditor to the county 9 16 sheriff. 9 17 Finally, the bill requires that, upon the court dividing 9 18 and transferring property involved in a dissolution of 9 19 marriage, a quitclaim deed to any real estate be issued and 9 20 recorded with the county recorder with the court assigning 9 21 payment of the costs involved in issuing and recording the 9 22 deed. 9 23 LSB 5836HC 78 9 24 sc/cf/24
Text: HSB00649 Text: HSB00651 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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