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Senate File 2048

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 462A.5, subsection 3, Code 2003, is
  1  2 amended to read as follows:
  1  3    3.  The registration fees for vessels subject to this
  1  4 chapter are as follows:
  1  5    a.  For vessels of any length without motor or sail, five
  1  6 eight dollars.
  1  7    b.  For motorboats or sailboats less than twelve sixteen
  1  8 feet in length, eight fifteen dollars.
  1  9    c.  For motorboats or sailboats twelve sixteen feet or
  1 10 more, but less than fifteen twenty-six feet in length, ten
  1 11 twenty-five dollars.
  1 12    d.  For motorboats or sailboats fifteen feet or more, but
  1 13 less than eighteen feet in length, twelve dollars.
  1 14    e.  For motorboats or sailboats eighteen feet or more, but
  1 15 less than twenty-five feet in length, eighteen dollars.
  1 16    f.  d.  For motorboats or sailboats twenty-five twenty-six
  1 17 feet in length or more, twenty-eight but less than forty feet
  1 18 in length, forty dollars.
  1 19    e.  For motor boats or sailboats forty feet in length or
  1 20 more, seventy-five dollars.
  1 21    f.  For all personal watercraft, twenty-five dollars.
  1 22    Every registration certificate and number issued becomes
  1 23 delinquent at midnight April 30 of odd-numbered years unless
  1 24 terminated or discontinued in accordance with this chapter.
  1 25 After January 1 in odd-numbered years, an unregistered vessel
  1 26 and a renewal of registration may be registered for the two-
  1 27 year registration period beginning May 1 of that year.  After
  1 28 January 1 in even-numbered years, unregistered vessels may be
  1 29 registered for the remainder of the current registration
  1 30 period at fifty percent of the appropriate registration fee.
  1 31    If a timely application for renewal is made, the applicant
  1 32 shall receive the same registration number allocated to the
  1 33 applicant for the previous registration period.  If the
  1 34 application for registration for the biennium is not made
  1 35 before May 1 of each odd-numbered year, the applicant shall be
  2  1 charged a penalty of five dollars.
  2  2    Sec. 2.  Section 462A.12, subsection 6, Code Supplement
  2  3 2003, is amended to read as follows:
  2  4    6.  An owner or operator of a vessel propelled by a motor
  2  5 of more than ten horsepower shall not permit any person under
  2  6 twelve years of age to operate the personal watercraft vessel
  2  7 unless accompanied in or on the same personal watercraft
  2  8 vessel by a responsible person of at least eighteen years of
  2  9 age who is experienced in motorboat operation.  Commencing
  2 10 January 1, 2003, a A person who is twelve years of age or
  2 11 older but less than eighteen years of age shall not operate
  2 12 any personal watercraft vessel propelled by a motor of more
  2 13 than ten horsepower unless the person has successfully
  2 14 completed a department-approved watercraft safety course and
  2 15 obtained a watercraft safety certificate.  A person required
  2 16 to have a watercraft safety certificate shall carry and shall
  2 17 exhibit or make available the certificate upon request of an
  2 18 officer of the department.  A violation of this subsection is
  2 19 a simple misdemeanor as provided in section 462A.13.  However,
  2 20 a person charged with violating this subsection shall not be
  2 21 convicted if the person produces in court, within a reasonable
  2 22 time, a department-approved certificate.  The cost of a
  2 23 department certificate, or any duplicate, shall not exceed
  2 24 five dollars.
  2 25    Sec. 3.  Section 462A.20, Code 2003, is amended to read as
  2 26 follows:
  2 27    462A.20  BOAT INSPECTION.
  2 28    Any person having, A vessel either for hire or offered for
  2 29 hire upon any waters of this state under the jurisdiction of
  2 30 the commission, any vessel, either for hire or offered for
  2 31 hire, must have such vessel and all its appurtenances annually
  2 32 may be inspected at any time by representatives of the
  2 33 commission or by any peace officer.
  2 34    Every such owner shall file in the office of the
  2 35 commission, an application for inspection of such vessels on a
  3  1 blank furnished by the commission for that purpose.
  3  2    Officers appointed by the commission or any peace officer
  3  3 shall have the power and authority to determine whether such
  3  4 vessel is safe for the transportation of passengers or cargo
  3  5 and upon what waters it may be used.  They may determine and
  3  6 designate the number of passengers or cargo, including crew,
  3  7 that may be carried and determine whether the machinery,
  3  8 equipment, and all appurtenances are such as to make said
  3  9 vessels the vessel seaworthy, where used, and such other
  3 10 matters as are pertinent.
  3 11    After such vessels have been inspected as provided herein,
  3 12 a current inspection seal or tag shall be issued by the
  3 13 commission and shall be kept posted in a conspicuous place
  3 14 upon or in such vessel.  Any inspection seal or tag shall be
  3 15 in effect only for the calendar year for which the inspection
  3 16 seal or tag is issued.
  3 17    Private vessels may also be inspected to determine their
  3 18 seaworthiness at any time by representatives of the commission
  3 19 or by any peace officer.
  3 20    Sec. 4.  Section 462A.22, Code 2003, is amended to read as
  3 21 follows:
  3 22    462A.22  ENGINEER OR PILOT LICENSE AND FEES.
  3 23    1.  No A vessel shall not be operated for hire by a pilot
  3 24 or engineer upon the waters of this state under the
  3 25 jurisdiction of the commission unless the pilot or engineer
  3 26 first obtains an engineer's or pilot's license.  A pilot's
  3 27 license is required for any person who has charge of the
  3 28 steering or directing of the vessel's course or who does the
  3 29 steering or directs the vessel's course.  An engineer's
  3 30 license is required for all operators who have charge of or
  3 31 operate the equipment by which the boat is propelled.  If one
  3 32 person acts in a dual or alternate capacity, the person shall
  3 33 first obtain both an engineer's and pilot's license.
  3 34    2.  Any person desiring a pilot's or engineer's license
  3 35 shall file an application with the commission upon forms
  4  1 prepared and furnished by the commission.  Such license may be
  4  2 issued by the commission only upon recommendation of an
  4  3 officer duly authorized by the commission.  Before the officer
  4  4 recommends such a license, the officer shall investigate the
  4  5 competency of the applicant, the applicant's acquaintance with
  4  6 and experience in boat work, habits as to sobriety, mental and
  4  7 physical qualifications for the work, acquaintance with the
  4  8 waters for which application to operate upon is made,
  4  9 familiarity with the laws and regulations pertaining to the
  4 10 vessel operation and all other pertinent matters.  Such
  4 11 license shall not be issued to anyone under eighteen years of
  4 12 age.
  4 13    3.  The annual fee for a pilot's license is ten dollars.
  4 14 The annual fee for an engineer's license is twenty dollars.
  4 15 All fees for the licensing of pilots and engineers shall be
  4 16 forwarded by the commission to the treasurer of state, who
  4 17 shall place the money in the state fish and game protection
  4 18 fund.  The money so collected is appropriated to the
  4 19 commission solely for the administration and enforcement of
  4 20 programs to control aquatic invasive species, for programs to
  4 21 monitor and improve the water quality of the state's public
  4 22 lakes, and for the administration and enforcement of
  4 23 navigation laws and water safety upon the inland waters of
  4 24 this state for the fiscal period beginning July 1, 2004, and
  4 25 ending June 30, 2010.  Beginning on July 1, 2010, the money so
  4 26 collected is appropriated to the commission solely for the
  4 27 administration and enforcement of navigation laws and water
  4 28 safety.
  4 29    4.  Engineer's and pilot's licenses shall be in effect only
  4 30 for the calendar year in which such the license is issued.
  4 31    Sec. 5.  Section 462A.52, Code 2003, is amended to read as
  4 32 follows:
  4 33    462A.52  FEES REMITTED TO COMMISSION.
  4 34    1.  Within ten days after the end of each month, a county
  4 35 recorder shall remit to the commission all fees collected by
  5  1 the recorder during the previous month.  Before May 10 in odd-
  5  2 numbered years, a county recorder shall remit to the
  5  3 commission all unused license blanks for the previous
  5  4 biennium.  All fees collected for the registration of vessels
  5  5 shall be forwarded by the commission to the treasurer of the
  5  6 state, who shall place the money in a special conservation the
  5  7 state fish and game protection fund.  The money so collected
  5  8 is appropriated to the commission solely for the
  5  9 administration and enforcement of navigation laws and water
  5 10 safety.
  5 11    2.  Notwithstanding subsection 1, any increase in revenues
  5 12 received on or after July 1, 2004, but on or before June 30,
  5 13 2010, pursuant to this section as a result of fee increases
  5 14 pursuant to this Act, shall be used by the commission only for
  5 15 the administration and enforcement of programs to control
  5 16 aquatic invasive species, for programs to monitor and improve
  5 17 the water quality of the state's public lakes, and for the
  5 18 administration and enforcement of navigation laws and water
  5 19 safety upon the inland waters of this state.
  5 20    Sec. 6.  Section 462A.66, Code 2003, is amended to read as
  5 21 follows:
  5 22    462A.66  INSPECTION AUTHORITY.
  5 23    An officer of the commission or any peace officer may stop
  5 24 and inspect a vessel being launched, being operated, or being
  5 25 moored on the waters of this state under the jurisdiction of
  5 26 the commission to determine whether the vessel is properly
  5 27 registered, numbered, and equipped as provided under this
  5 28 chapter and rules of the commission.  An officer may board a
  5 29 vessel in the course of an inspection if the operator is
  5 30 unable to supply visual evidence that the vessel is properly
  5 31 registered and equipped as required by this chapter and rules
  5 32 of the commission.  The inspection shall not include an
  5 33 inspection of an area that is not essential to determine
  5 34 compliance with the provisions of this chapter and rules of
  5 35 the commission.
  6  1    Sec. 7.  Section 462A.21, Code 2003, is repealed.  
  6  2                           EXPLANATION
  6  3    This bill relates to various water navigation regulations.
  6  4    Code section 462A.5 is amended by increasing the
  6  5 registration fees for vessels, creating a new registration
  6  6 category for motorboats or sailboats 26 feet or more but less
  6  7 than 40 feet in length, with a registration fee of $40, and
  6  8 creating a new category for motorboats or sailboats 40 feet in
  6  9 length or more, with a registration fee of $75.  The bill also
  6 10 provides that there is a separate registration fee for all
  6 11 personal watercraft of $25.
  6 12    Code section 462A.12 is amended to provide that an owner or
  6 13 operator of a vessel propelled by a motor of more than 10
  6 14 horsepower shall not permit any person under 12 years of age
  6 15 to operate the vessel unless accompanied in or on the same
  6 16 vessel by a responsible person of at least 18 years of age who
  6 17 is experienced in motorboat operation.  The bill also provides
  6 18 that a person who is 12 years of age or older but less than 18
  6 19 years of age shall not operate any vessel propelled by a motor
  6 20 of more than 10 horsepower unless the person has successfully
  6 21 completed a department-approved watercraft safety course and
  6 22 obtained a watercraft safety certificate.  A person who is
  6 23 required to have a watercraft safety certificate must carry
  6 24 and exhibit or make the certificate available upon request of
  6 25 an officer of the department.  A violation of this provision
  6 26 is a simple misdemeanor, except that a person charged with a
  6 27 violation of this requirement shall not be convicted if the
  6 28 person produces the certificate in court within a reasonable
  6 29 time.  The bill provides that the cost of the certificate
  6 30 shall not exceed $5.  Previously these provisions only applied
  6 31 to persons under 12 years of age or 12 to 18 years of age who
  6 32 operated a personal watercraft.
  6 33    Code section 462A.20 is amended to provide that a vessel,
  6 34 either for hire or offered for hire, is subject to inspection
  6 35 at any time rather than an annual mandatory inspection, by
  7  1 representatives of the natural resource commission or by any
  7  2 peace officer.  The bill also eliminates the requirement that
  7  3 the owner of a vessel file an application for inspection of
  7  4 such vessels with the commission.  The bill provides that an
  7  5 officer of the commission or any peace officer has the power
  7  6 to determine whether a vessel for hire is safe and upon what
  7  7 waters it may be used and the power to determine the
  7  8 seaworthiness of any private vessel.  The bill eliminates the
  7  9 requirement that vessels that have been inspected be issued a
  7 10 current inspection seal that must be posted in a conspicuous
  7 11 place and is valid for the calendar year in which the
  7 12 inspection occurred.
  7 13    Code section 462A.22 is amended to provide that the annual
  7 14 fee for vessels for hire is $10 for a pilot's license and $20
  7 15 for an engineer's license.  The bill also provides that such
  7 16 fees shall be placed in the state fish and game protection
  7 17 fund and are appropriated solely for the administration and
  7 18 enforcement of programs to control aquatic invasive species,
  7 19 for programs to monitor and improve the water quality of the
  7 20 state's public lakes, and for the administration and
  7 21 enforcement of navigation laws and water safety upon the
  7 22 inland waters of this state for the fiscal period beginning
  7 23 July 1, 2004, and ending June 30, 2010.  Beginning July 1,
  7 24 2010, such fees are to be used for the administration and
  7 25 enforcement of navigation laws and water safety.
  7 26    Code section 462A.52 is amended to provide that fees
  7 27 collected by a county recorder for the registration of vessels
  7 28 shall be forwarded to the state treasurer to be placed in the
  7 29 state fish and game protection fund, instead of a special
  7 30 conservation fund.  The bill provides that this money is
  7 31 appropriated to the commission solely for the administration
  7 32 and enforcement of navigation laws and water safety.  The bill
  7 33 also provides that, notwithstanding these provisions, any
  7 34 increase in revenues received on or after July 1, 2004,
  7 35 pursuant to this Code section as a result of fee increases
  8  1 pursuant to the bill, shall be used by the commission for the
  8  2 fiscal period beginning July 1, 2004, and ending June 30,
  8  3 2010, only for the administration and enforcement of programs
  8  4 to control aquatic invasive species, for programs to monitor
  8  5 and improve the water quality of the state's public lakes and
  8  6 for the administration and enforcement of navigation laws and
  8  7 water safety upon the inland waters of this state.
  8  8    Code section 462A.66 is amended to provide that any peace
  8  9 officer as well as an officer of the natural resource
  8 10 commission may stop and inspect a vessel being launched,
  8 11 operated, or moored upon the waters of this state to determine
  8 12 whether the vessel is properly registered, numbered, and
  8 13 equipped and may board a vessel if the operator is unable to
  8 14 supply visual evidence that the vessel is properly registered
  8 15 and equipped so long as the inspection does not include an
  8 16 inspection of an area that is not essential to determine
  8 17 compliance with these provisions.
  8 18    The bill repeals Code section 462A.21, which relates to
  8 19 inspections and annual fees for inspections of vessels
  8 20 operated for hire.  
  8 21 LSB 5471SS 80
  8 22 av/sh/8
     

Text: SF02047                           Text: SF02049
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