Text: S05234 Text: S05236 Text: S05200 - S05299 Text: S 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 34, the
1 42 following:
1 43 "Sec. . Section 462A.5, subsection 1,
1 44 unnumbered paragraph 2, Code Supplement 2001, is
1 45 amended to read as follows:
1 46 The owner of the vessel shall file an application
1 47 for registration with the appropriate county recorder
1 48 on forms provided by the commission. The application
1 49 shall be completed and signed by the owner of the
1 50 vessel and shall be accompanied by the appropriate
2 1 fee, and the writing fee specified in section 462A.53.
2 2 Upon applying for registration, the owner shall
2 3 display a bill of sale, receipt, or other satisfactory
2 4 proof of ownership as provided by the rules of the
2 5 commission to the county recorder. If the county
2 6 recorder is not satisfied as to the ownership of the
2 7 vessel or that there are no undisclosed security
2 8 interests in the vessel, the county recorder may
2 9 register the vessel but shall, as a condition of
2 10 issuing a registration certificate, require the
2 11 applicant to follow the procedure provided in section
2 12 462A.5A. Upon receipt of the application in approved
2 13 form accompanied by the required fees, the county
2 14 recorder shall enter it upon the records of the
2 15 recorder's office and shall issue to the applicant a
2 16 pocket-size registration certificate. The certificate
2 17 shall be executed in triplicate, one copy to be
2 18 delivered to the owner, one copy to the commission,
2 19 and one copy to be retained on file by the county
2 20 recorder. The registration certificate shall bear the
2 21 number awarded to the vessel, the passenger capacity
2 22 of the vessel, and the name and address of the owner.
2 23 In the use of all vessels except nonpowered sailboats,
2 24 nonpowered canoes, and commercial vessels, the
2 25 registration certificate shall be carried either in
2 26 the vessel or on the person of the operator of the
2 27 vessel when in use. In the use of nonpowered
2 28 sailboats, nonpowered canoes, or commercial vessels,
2 29 the registration certificate may be kept on shore in
2 30 accordance with rules adopted by the commission. The
2 31 operator shall exhibit the certificate to a peace
2 32 officer upon request or, when involved in a collision
2 33 or accident of any nature with another vessel or other
2 34 personal property, to the owner or operator of the
2 35 other vessel or personal property.
2 36 Sec. . NEW SECTION. 462A.5A FILING BOND AS
2 37 ASSURANCE OF OWNERSHIP.
2 38 An applicant for registration of a vessel for which
2 39 the county recorder is not satisfied as to the
2 40 ownership of the vessel as provided in section 462A.5,
2 41 subsection 1, shall file with the department a bond in
2 42 the form prescribed by the department and executed by
2 43 the applicant, and also executed by a person
2 44 authorized to conduct a surety business in this state.
2 45 The form and amount of the bond shall be established
2 46 by rule of the department. The bond shall be
2 47 conditioned to indemnify any prior owner and secured
2 48 party and any subsequent purchaser of the vessel or
2 49 person acquiring any security interest in the vessel,
2 50 and their respective successors in interest, against
3 1 any expense, loss, or damage, including reasonable
3 2 attorney fees, by reason of the issuance of the
3 3 registration certificate of the vessel or on account
3 4 of any defect in or undisclosed security interest upon
3 5 the right, title, and interest of the applicant in and
3 6 to the vessel. Any such interested person has a right
3 7 of action to recover on the bond for any breach of its
3 8 conditions, but the aggregate liability of the surety
3 9 to all persons shall not exceed the amount of the
3 10 bond. The bond shall be returned at the end of three
3 11 years or prior thereto if the vessel is no longer
3 12 registered in this state and the registration
3 13 certificate is surrendered to the department, unless
3 14 the department has been notified of the pendency of an
3 15 action to recover on the bond."
3 16 #3. Title page, line 1, by inserting after the
3 17 word "to" the following: "county recorders,
3 18 including".
3 19 #4. Title page, line 2, by inserting after the
3 20 word "recorder" the following: "and a method for
3 21 issuing certificates of title for snowmobiles and all-
3 22 terrain vehicles, and registration certificates for
3 23 certain watercraft, for which ownership has not been
3 24 conclusively established".
3 25 #5. By renumbering as necessary.
3 26
3 27
3 28
3 29 E. THURMAN GASKILL
3 30 HF 2365.701 79
3 31 sc/cls
Text: S05234 Text: S05236 Text: S05200 - S05299 Text: S 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: Fri Mar 22 03:26:00 CST 2002
URL: /DOCS/GA/79GA/Legislation/S/05200/S05235/020320.html
jhf