Text: SF02047 Text: SF02049 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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,five1 6 eight dollars. 1 7 b. For motorboats or sailboats less thantwelvesixteen 1 8 feet in length,eightfifteen dollars. 1 9 c. For motorboats or sailboatstwelvesixteen feet or 1 10 more, but less thanfifteentwenty-six feet in length,ten1 11 twenty-five dollars. 1 12d. For motorboats or sailboats fifteen feet or more, but1 13less than eighteen feet in length, twelve dollars.1 14e. For motorboats or sailboats eighteen feet or more, but1 15less than twenty-five feet in length, eighteen dollars.1 16f.d. For motorboats or sailboatstwenty-fivetwenty-six 1 17 feetin lengthor more,twenty-eightbut 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 thepersonal watercraftvessel 2 7 unless accompanied in or on the samepersonal watercraft2 8 vessel by a responsible person of at least eighteen years of 2 9 age who is experienced in motorboat operation.Commencing2 10January 1, 2003, aA person who is twelve years of age or 2 11 older but less than eighteen years of age shall not operate 2 12 anypersonal watercraftvessel 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 28Any 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 for2 31hire, must have such vessel and all its appurtenances annually2 32 may be inspected at any time by representatives of the 2 33 commission or by any peace officer. 2 34Every such owner shall file in the office of the2 35commission, an application for inspection of such vessels on a3 1blank 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 makesaid3 9vesselsthe vessel seaworthy, where used, and such other 3 10 matters as are pertinent. 3 11After such vessels have been inspected as provided herein,3 12a current inspection seal or tag shall be issued by the3 13commission and shall be kept posted in a conspicuous place3 14upon or in such vessel. Any inspection seal or tag shall be3 15in effect only for the calendar year for which the inspection3 16seal 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.NoA 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 whichsuchthe 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 ina special conservationthe 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 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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