Text: HF02459                           Text: HF02461
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House File 2460

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 462A.5, subsection 1, unnumbered
  1  2 paragraph 2, Code Supplement 2001, amended to read as follows:
  1  3    The owner of the vessel shall file an application for
  1  4 registration with the appropriate county recorder on forms
  1  5 provided by the commission.  The application shall be
  1  6 completed and signed by the owner of the vessel and shall be
  1  7 accompanied by the appropriate fee, and the writing fee
  1  8 specified in section 462A.53.  Upon applying for registration,
  1  9 the owner shall display a bill of sale, receipt, or other
  1 10 satisfactory proof of ownership as provided by the rules of
  1 11 the commission to the county recorder.  If the county recorder
  1 12 is not satisfied as to the ownership of the vessel or that
  1 13 there are no undisclosed security interests in the vessel, the
  1 14 county recorder may register the vessel but shall, as a
  1 15 condition of issuing a registration certificate, require the
  1 16 applicant to follow the procedure provided in section 462A.5A.
  1 17 Upon receipt of the application in approved form accompanied
  1 18 by the required fees, the county recorder shall enter it upon
  1 19 the records of the recorder's office and shall issue to the
  1 20 applicant a pocket-size registration certificate.  The
  1 21 certificate shall be executed in triplicate, one copy to be
  1 22 delivered to the owner, one copy to the commission, and one
  1 23 copy to be retained on file by the county recorder.  The
  1 24 registration certificate shall bear the number awarded to the
  1 25 vessel, the passenger capacity of the vessel, and the name and
  1 26 address of the owner.  In the use of all vessels except
  1 27 nonpowered sailboats, nonpowered canoes, and commercial
  1 28 vessels, the registration certificate shall be carried either
  1 29 in the vessel or on the person of the operator of the vessel
  1 30 when in use.  In the use of nonpowered sailboats, nonpowered
  1 31 canoes, or commercial vessels, the registration certificate
  1 32 may be kept on shore in accordance with rules adopted by the
  1 33 commission.  The operator shall exhibit the certificate to a
  1 34 peace officer upon request or, when involved in a collision or
  1 35 accident of any nature with another vessel or other personal
  2  1 property, to the owner or operator of the other vessel or
  2  2 personal property.
  2  3    Sec. 2.  NEW SECTION.  462A.5A  FILING BOND AS ASSURANCE OF
  2  4 OWNERSHIP.
  2  5    An applicant for registration of a vessel for which the
  2  6 county recorder is not satisfied as to the ownership of the
  2  7 vessel as provided in section 462A.5, subsection 1, shall file
  2  8 with the county recorder a bond in the form prescribed by the
  2  9 department and executed by the applicant, and also executed by
  2 10 a person authorized to conduct a surety business in this
  2 11 state.  The form and amount of the bond shall be established
  2 12 by rule of the department.  The bond shall be conditioned to
  2 13 indemnify any prior owner and secured party and any subsequent
  2 14 purchaser of the vessel or person acquiring any security
  2 15 interest in the vessel, and their respective successors in
  2 16 interest, against any expense, loss, or damage, including
  2 17 reasonable attorney fees, by reason of the issuance of the
  2 18 registration certificate of the vessel or on account of any
  2 19 defect in or undisclosed security interest upon the right,
  2 20 title, and interest of the applicant in and to the vessel.
  2 21 Any such interested person has a right of action to recover on
  2 22 the bond for any breach of its conditions, but the aggregate
  2 23 liability of the surety to all persons shall not exceed the
  2 24 amount of the bond.  The bond shall be returned at the end of
  2 25 three years or prior thereto if the vessel is no longer
  2 26 registered in this state and the registration certificate is
  2 27 surrendered to the department, unless the department has been
  2 28 notified of the pendency of an action to recover on the bond.
  2 29    In lieu of filing the bond as provided in this section, an
  2 30 applicant for registration of a vessel which has a value of
  2 31 seven hundred fifty dollars or less may file an affidavit with
  2 32 the county recorder certifying that the value of the vessel is
  2 33 less than seven hundred fifty dollars.  For purposes of this
  2 34 paragraph, the value of a vessel is the purchase price of the
  2 35 vessel paid by the applicant.  
  3  1                           EXPLANATION
  3  2    This bill adapts a method established for issuing
  3  3 certificates of title for motor vehicles for which the issuing
  3  4 authority is not satisfied as to the ownership of the vehicle
  3  5 or that there are no undisclosed security interests in it to
  3  6 issuance of registration for watercraft, with similarly
  3  7 questioned ownership.  The bill provides that the county
  3  8 recorder may issue a registration certificate for such a
  3  9 watercraft, if the applicant files a bond with the county
  3 10 recorder.
  3 11    The bill provides that the bond shall be executed by a
  3 12 person authorized to conduct a surety business and shall be in
  3 13 an amount determined by the department by rule.  The bond
  3 14 shall protect prior owners, secured parties, and subsequent
  3 15 owners of the watercraft.  The bond is to be returned at the
  3 16 end of three years, or before if the watercraft is no longer
  3 17 registered in this state and the certificate of title or
  3 18 registration certificate is surrendered to the department,
  3 19 unless the department has been notified of the pendency of an
  3 20 action to recover on the bond.
  3 21    In lieu of filing a bond, an applicant for registration of
  3 22 a vessel which has a value of $750 or less, may file an
  3 23 affidavit with the county recorder certifying the value of the
  3 24 vessel is less than $750.  
  3 25 LSB 5203HV 79
  3 26 nh/sh/8
     

Text: HF02459                           Text: HF02461
Text: HF02400 - HF02499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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