Text: H08464                            Text: H08466
Text: H08400 - H08499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 8465

Amendment Text

PAG LIN
  1  1    Amend House File 2365, as passed by the House, as
  1  2 follows:
  1  3    #1.  Page 1, by inserting after line 17, the
  1  4 following:
  1  5    "Sec.    .  Section 321G.29, Code 2001, is amended
  1  6 by adding the following new subsection:
  1  7    NEW SUBSECTION.  10.  If the county recorder is not
  1  8 satisfied as to the ownership of the snowmobile or
  1  9 all-terrain vehicle or that there are no undisclosed
  1 10 security interests in the snowmobile or all-terrain
  1 11 vehicle, the county recorder may issue a certificate
  1 12 of title for the snowmobile or all-terrain vehicle,
  1 13 but, as a condition of such issuance, may require the
  1 14 applicant to file with the department a bond in the
  1 15 form prescribed by the department and executed by the
  1 16 applicant, and also executed by a person authorized to
  1 17 conduct a surety business in this state.  The form and
  1 18 amount of the bond shall be established by rule of the
  1 19 department.  The bond shall be conditioned to
  1 20 indemnify any prior owner and secured party and any
  1 21 subsequent purchaser of the snowmobile or all-terrain
  1 22 vehicle or person acquiring any security interest in
  1 23 the snowmobile or all-terrain vehicle, and their
  1 24 respective successors in interest, against any
  1 25 expense, loss, or damage, including reasonable
  1 26 attorney fees, by reason of the issuance of the
  1 27 certificate of title of the snowmobile or all-terrain
  1 28 vehicle or on account of any defect in or undisclosed
  1 29 security interest upon the right, title, and interest
  1 30 of the applicant in and to the snowmobile or all-
  1 31 terrain vehicle.  Any such interested person has a
  1 32 right of action to recover on the bond for any breach
  1 33 of its conditions, but the aggregate liability of the
  1 34 surety to all persons shall not exceed the amount of
  1 35 the bond.  The bond shall be returned at the end of
  1 36 three years or prior thereto if the snowmobile or all-
  1 37 terrain vehicle is no longer registered in this state
  1 38 and the certificate of title is surrendered to the
  1 39 department, unless the department has been notified of
  1 40 the pendency of an action to recover on the bond."
  1 41    #2.  Page 1, by inserting after line 17, the
  1 42 following:
  1 43    "Sec.    .  NEW SECTION.  331.606A  DOCUMENT
  1 44 CONTENT – PROHIBITION OF INCLUDING SOCIAL SECURITY
  1 45 NUMBER.
  1 46    The preparer of a document shall not include an
  1 47 individual's federal social security number in a
  1 48 document that is prepared for recording in the office
  1 49 of county recorder.  This section does not apply to a
  1 50 preparer of a state or federal tax lien or a military
  2  1 separation or discharge record that is prepared for
  2  2 recording in the office of county recorder.  If a
  2  3 military separation or discharge record is recorded in
  2  4 the office of the county recorder, the military
  2  5 separation or discharge record shall not be accessible
  2  6 through the internet.
  2  7    Sec.    .  Section 331.602, subsection 4, Code
  2  8 Supplement 2001, is amended by striking the
  2  9 subsection."
  2 10    #3.  Page 1, by inserting after line 34, the
  2 11 following:
  2 12    "Sec.    .  Section 462A.5, subsection 1,
  2 13 unnumbered paragraph 2, Code Supplement 2001, is
  2 14 amended to read as follows:
  2 15    The owner of the vessel shall file an application
  2 16 for registration with the appropriate county recorder
  2 17 on forms provided by the commission.  The application
  2 18 shall be completed and signed by the owner of the
  2 19 vessel and shall be accompanied by the appropriate
  2 20 fee, and the writing fee specified in section 462A.53.
  2 21 Upon applying for registration, the owner shall
  2 22 display a bill of sale, receipt, or other satisfactory
  2 23 proof of ownership as provided by the rules of the
  2 24 commission to the county recorder.  If the county
  2 25 recorder is not satisfied as to the ownership of the
  2 26 vessel or that there are no undisclosed security
  2 27 interests in the vessel, the county recorder may
  2 28 register the vessel but shall, as a condition of
  2 29 issuing a registration certificate, require the
  2 30 applicant to follow the procedure provided in section
  2 31 462A.5A.  Upon receipt of the application in approved
  2 32 form accompanied by the required fees, the county
  2 33 recorder shall enter it upon the records of the
  2 34 recorder's office and shall issue to the applicant a
  2 35 pocket-size registration certificate.  The certificate
  2 36 shall be executed in triplicate, one copy to be
  2 37 delivered to the owner, one copy to the commission,
  2 38 and one copy to be retained on file by the county
  2 39 recorder.  The registration certificate shall bear the
  2 40 number awarded to the vessel, the passenger capacity
  2 41 of the vessel, and the name and address of the owner.
  2 42 In the use of all vessels except nonpowered sailboats,
  2 43 nonpowered canoes, and commercial vessels, the
  2 44 registration certificate shall be carried either in
  2 45 the vessel or on the person of the operator of the
  2 46 vessel when in use.  In the use of nonpowered
  2 47 sailboats, nonpowered canoes, or commercial vessels,
  2 48 the registration certificate may be kept on shore in
  2 49 accordance with rules adopted by the commission.  The
  2 50 operator shall exhibit the certificate to a peace
  3  1 officer upon request or, when involved in a collision
  3  2 or accident of any nature with another vessel or other
  3  3 personal property, to the owner or operator of the
  3  4 other vessel or personal property.
  3  5    Sec.    .  NEW SECTION.  462A.5A  FILING BOND AS
  3  6 ASSURANCE OF OWNERSHIP.
  3  7    An applicant for registration of a vessel for which
  3  8 the county recorder is not satisfied as to the
  3  9 ownership of the vessel as provided in section 462A.5,
  3 10 subsection 1, shall file with the department a bond in
  3 11 the form prescribed by the department and executed by
  3 12 the applicant, and also executed by a person
  3 13 authorized to conduct a surety business in this state.
  3 14 The form and amount of the bond shall be established
  3 15 by rule of the department.  The bond shall be
  3 16 conditioned to indemnify any prior owner and secured
  3 17 party and any subsequent purchaser of the vessel or
  3 18 person acquiring any security interest in the vessel,
  3 19 and their respective successors in interest, against
  3 20 any expense, loss, or damage, including reasonable
  3 21 attorney fees, by reason of the issuance of the
  3 22 registration certificate of the vessel or on account
  3 23 of any defect in or undisclosed security interest upon
  3 24 the right, title, and interest of the applicant in and
  3 25 to the vessel.  Any such interested person has a right
  3 26 of action to recover on the bond for any breach of its
  3 27 conditions, but the aggregate liability of the surety
  3 28 to all persons shall not exceed the amount of the
  3 29 bond.  The bond shall be returned at the end of three
  3 30 years or prior thereto if the vessel is no longer
  3 31 registered in this state and the registration
  3 32 certificate is surrendered to the department, unless
  3 33 the department has been notified of the pendency of an
  3 34 action to recover on the bond."
  3 35    #4.  Title page, line 1, by inserting after the
  3 36 word "to" the following:  "county recorders,
  3 37 including".
  3 38    #5.  Title page, line 2, by inserting after the
  3 39 word "recorder" the following:  "and a method for
  3 40 issuing certificates of title for snowmobiles and all-
  3 41 terrain vehicles, and registration certificates for
  3 42 certain watercraft, for which ownership has not been
  3 43 conclusively established".
  3 44    #6.  By renumbering, relettering, or redesignating
  3 45 and correcting internal references as necessary.  
  3 46 HF 2365S
  3 47 sc/cc/26
     

Text: H08464                            Text: H08466
Text: H08400 - H08499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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