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