Text: HF02364 Text: HF02366 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2365 1 2 1 3 AN ACT 1 4 RELATING TO COUNTY RECORDERS, INCLUDING CERTAIN DOCUMENTS 1 5 INDEXED AND RECORDED WITH THE COUNTY RECORDER AND A METHOD 1 6 FOR ISSUING CERTIFICATES OF TITLE FOR SNOWMOBILES AND ALL- 1 7 TERRAIN VEHICLES, AND REGISTRATION CERTIFICATES FOR CERTAIN 1 8 WATERCRAFT, FOR WHICH OWNERSHIP HAS NOT BEEN CONCLUSIVELY 1 9 ESTABLISHED. 1 10 1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 12 1 13 Section 1. Section 10A.108, subsection 5, Code 2001, is 1 14 amended to read as follows: 1 15 5. The recorder shall endorse on each notice of lien the 1 16 day and time received and shall preserve the notice. The 1 17 recorder shall index the noticein the index bookand shall 1 18 record the lien in the manner provided for recording real 1 19 estate mortgages. The lien shall be effective from the time 1 20 of the indexing. 1 21 Sec. 2. Section 124C.4, subsection 3, Code 2001, is 1 22 amended to read as follows: 1 23 3. Each notice of lien shall be endorsed with the day, 1 24 hour, and minute when the notice was received, and the notice 1 25 shall be preserved, indexedin the index book, and recorded in 1 26 the manner provided for recording real estate mortgages. The 1 27 lien shall be effective from the time of its indexing. The 1 28 department shall pay a recording fee as provided by section 1 29 331.604 for the recording of the lien or for its satisfaction. 1 30 Sec. 3. Section 321G.29, Code 2001, is amended by adding 1 31 the following new subsection: 1 32 NEW SUBSECTION. 10. If the county recorder is not 1 33 satisfied as to the ownership of the snowmobile or all-terrain 1 34 vehicle or that there are no undisclosed security interests in 1 35 the snowmobile or all-terrain vehicle, the county recorder may 2 1 issue a certificate of title for the snowmobile or all-terrain 2 2 vehicle, but, as a condition of such issuance, may require the 2 3 applicant to file with the department a bond in the form 2 4 prescribed by the department and executed by the applicant, 2 5 and also executed by a person authorized to conduct a surety 2 6 business in this state. The form and amount of the bond shall 2 7 be established by rule of the department. The bond shall be 2 8 conditioned to indemnify any prior owner and secured party and 2 9 any subsequent purchaser of the snowmobile or all-terrain 2 10 vehicle or person acquiring any security interest in the 2 11 snowmobile or all-terrain vehicle, and their respective 2 12 successors in interest, against any expense, loss, or damage, 2 13 including reasonable attorney fees, by reason of the issuance 2 14 of the certificate of title of the snowmobile or all-terrain 2 15 vehicle or on account of any defect in or undisclosed security 2 16 interest upon the right, title, and interest of the applicant 2 17 in and to the snowmobile or all-terrain vehicle. Any such 2 18 interested person has a right of action to recover on the bond 2 19 for any breach of its conditions, but the aggregate liability 2 20 of the surety to all persons shall not exceed the amount of 2 21 the bond. The bond shall be returned at the end of three 2 22 years or prior thereto if the snowmobile or all-terrain 2 23 vehicle is no longer registered in this state and the 2 24 certificate of title is surrendered to the department, unless 2 25 the department has been notified of the pendency of an action 2 26 to recover on the bond. 2 27 Sec. 4. NEW SECTION. 331.606A DOCUMENT CONTENT – 2 28 PROHIBITION OF INCLUDING SOCIAL SECURITY NUMBER. 2 29 The preparer of a document shall not include an 2 30 individual's federal social security number in a document that 2 31 is prepared for recording in the office of county recorder. 2 32 This section does not apply to a preparer of a state or 2 33 federal tax lien or a military separation or discharge record 2 34 that is prepared for recording in the office of county 2 35 recorder. If a military separation or discharge record is 3 1 recorded in the office of the county recorder, the military 3 2 separation or discharge record shall not be accessible through 3 3 the internet. 3 4 Sec. 5. Section 331.602, subsection 4, Code Supplement 3 5 2001, is amended by striking the subsection. 3 6 Sec. 6. Section 354.16, subsection 2, paragraph c, Code 3 7 2001, is amended to read as follows: 3 8 c. A list for each lot within the plat of the proprietor's 3 9 names, the area, expressed in acreage or square feet, thebook3 10and pagedocument reference number of the recorded conveyance 3 11 to the proprietors and the permanent real estate index number, 3 12 where established. 3 13 Sec. 7. Section 424.11, unnumbered paragraph 4, Code 2001, 3 14 is amended by striking the unnumbered paragraph. 3 15 Sec. 8. Section 424.11, unnumbered paragraph 5, Code 2001, 3 16 is amended to read as follows: 3 17 The recorder shall endorse on each notice of lien the day, 3 18 hour, and minute when received and preserve the notice, and 3 19 shall immediately index the noticein the index bookand 3 20 record the lien in the manner provided for recording real 3 21 estate mortgages, and the lien shall be effective from the 3 22 time of its indexing. 3 23 Sec. 9. Section 462A.5, subsection 1, unnumbered paragraph 3 24 2, Code Supplement 2001, is amended to read as follows: 3 25 The owner of the vessel shall file an application for 3 26 registration with the appropriate county recorder on forms 3 27 provided by the commission. The application shall be 3 28 completed and signed by the owner of the vessel and shall be 3 29 accompanied by the appropriate fee, and the writing fee 3 30 specified in section 462A.53. Upon applying for registration, 3 31 the owner shall display a bill of sale, receipt, or other 3 32 satisfactory proof of ownership as provided by the rules of 3 33 the commission to the county recorder. If the county recorder 3 34 is not satisfied as to the ownership of the vessel or that 3 35 there are no undisclosed security interests in the vessel, the 4 1 county recorder may register the vessel but shall, as a 4 2 condition of issuing a registration certificate, require the 4 3 applicant to follow the procedure provided in section 462A.5A. 4 4 Upon receipt of the application in approved form accompanied 4 5 by the required fees, the county recorder shall enter it upon 4 6 the records of the recorder's office and shall issue to the 4 7 applicant a pocket-size registration certificate. The 4 8 certificate shall be executed in triplicate, one copy to be 4 9 delivered to the owner, one copy to the commission, and one 4 10 copy to be retained on file by the county recorder. The 4 11 registration certificate shall bear the number awarded to the 4 12 vessel, the passenger capacity of the vessel, and the name and 4 13 address of the owner. In the use of all vessels except 4 14 nonpowered sailboats, nonpowered canoes, and commercial 4 15 vessels, the registration certificate shall be carried either 4 16 in the vessel or on the person of the operator of the vessel 4 17 when in use. In the use of nonpowered sailboats, nonpowered 4 18 canoes, or commercial vessels, the registration certificate 4 19 may be kept on shore in accordance with rules adopted by the 4 20 commission. The operator shall exhibit the certificate to a 4 21 peace officer upon request or, when involved in a collision or 4 22 accident of any nature with another vessel or other personal 4 23 property, to the owner or operator of the other vessel or 4 24 personal property. 4 25 Sec. 10. NEW SECTION. 462A.5A FILING BOND AS ASSURANCE 4 26 OF OWNERSHIP. 4 27 An applicant for registration of a vessel for which the 4 28 county recorder is not satisfied as to the ownership of the 4 29 vessel as provided in section 462A.5, subsection 1, shall file 4 30 with the department a bond in the form prescribed by the 4 31 department and executed by the applicant, and also executed by 4 32 a person authorized to conduct a surety business in this 4 33 state. The form and amount of the bond shall be established 4 34 by rule of the department. The bond shall be conditioned to 4 35 indemnify any prior owner and secured party and any subsequent 5 1 purchaser of the vessel or person acquiring any security 5 2 interest in the vessel, and their respective successors in 5 3 interest, against any expense, loss, or damage, including 5 4 reasonable attorney fees, by reason of the issuance of the 5 5 registration certificate of the vessel or on account of any 5 6 defect in or undisclosed security interest upon the right, 5 7 title, and interest of the applicant in and to the vessel. 5 8 Any such interested person has a right of action to recover on 5 9 the bond for any breach of its conditions, but the aggregate 5 10 liability of the surety to all persons shall not exceed the 5 11 amount of the bond. The bond shall be returned at the end of 5 12 three years or prior thereto if the vessel is no longer 5 13 registered in this state and the registration certificate is 5 14 surrendered to the department, unless the department has been 5 15 notified of the pendency of an action to recover on the bond. 5 16 5 17 5 18 5 19 BRENT SIEGRIST 5 20 Speaker of the House 5 21 5 22 5 23 5 24 MARY E. KRAMER 5 25 President of the Senate 5 26 5 27 I hereby certify that this bill originated in the House and 5 28 is known as House File 2365, Seventy-ninth General Assembly. 5 29 5 30 5 31 5 32 MARGARET THOMSON 5 33 Chief Clerk of the House 5 34 Approved , 2002 5 35 6 1 6 2 6 3 THOMAS J. VILSACK 6 4 Governor
Text: HF02364 Text: HF02366 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Jun 20 03:31:07 CDT 2002
URL: /DOCS/GA/79GA/Legislation/HF/02300/HF02365/020408.html
jhf