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PAG LIN 1 1 Section 1. Section 462A.5, subsection 1, unnumbered 1 2 paragraph 1, Code 2003, is amended to read as follows: 1 3 The owner of each vessel required to be numbered by this 1 4 state shall register it everytwothree years with the county 1 5 recorder of the county in which the owner resides, or, if the 1 6 owner is a nonresident, the owner shall register it in the 1 7 county in which such vessel is principally used. The 1 8 commission shall have supervisory responsibility over the 1 9 registration of all vessels and shall provide each county 1 10 recorder with registration forms and certificates and shall 1 11 allocate identification numbers to each county. 1 12 Sec. 2. Section 462A.5, subsection 3, Code 2003, is 1 13 amended to read as follows: 1 14 3. The registration fees for vessels subject to this 1 15 chapter are as follows: 1 16 a. For vessels of any length without motor or sail,five1 17 eight dollars. 1 18 b. For motorboats or sailboats less thantwelvesixteen 1 19 feet in length,eightfifteen dollars. 1 20 c. For motorboats or sailboatstwelvesixteen feet or 1 21 more, but less thanfifteentwenty-six feet in length,ten1 22 twenty-five dollars. 1 23d. For motorboats or sailboats fifteen feet or more, but1 24less than eighteen feet in length, twelve dollars.1 25e. For motorboats or sailboats eighteen feet or more, but1 26less than twenty-five feet in length, eighteen dollars.1 27f.d. For motorboats or sailboatstwenty-fivetwenty-six 1 28 feetin lengthor more,twenty-eightbut less than forty feet 1 29 in length, forty dollars. 1 30 e. For motor boats or sailboats forty feet in length or 1 31 more, seventy-five dollars. 1 32 f. For all personal watercraft, twenty-five dollars. 1 33 Every registration certificate and number issued becomes 1 34 delinquent at midnight April 30 ofodd-numbered yearsthe last 1 35 calendar year of the registration period unless terminated or 2 1 discontinued in accordance with this chapter. After January 2 2 1, 2005in odd-numbered years, an unregistered vessel and a 2 3 renewal of registration may be registered for thetwo-year2 4 three-year registration period beginning May 1 of that year. 2 5AfterWhen unregistered vessels are registered after January 1 2 6in even-numbered years,of the year succeeding the beginning 2 7 of the three-year registration period such unregistered 2 8 vessels may be registered for the remainder of the current 2 9 registration period atfifty percenta prorated amount of the 2 10 appropriate registration fee. 2 11 If a timely application for renewal is made, the applicant 2 12 shall receive the same registration number allocated to the 2 13 applicant for the previous registration period. If the 2 14 application for registration for thebienniumthree-year 2 15 registration period is not made before May 1 ofeach odd-2 16numberedthe last calendar year of the registration period, 2 17 the applicant shall be charged a penalty of five dollars. 2 18 Sec. 3. Section 462A.5, subsection 6, Code 2003, is 2 19 amended to read as follows: 2 20 6. The owner of each vessel which has a valid marine 2 21 document issued by the bureau of customs of the United States 2 22 government or any federal agency successor thereto shall 2 23 register it everytwothree years with the county recorder in 2 24 the same manner prescribed for undocumented vessels and shall 2 25 cause the registration validation decal to be placed on the 2 26 vessel in the manner prescribed by the rules of the 2 27 commission. When the vessel bears the identification required 2 28 in the documentation, it is exempt from the placement of the 2 29 identification numbers as required on undocumented vessels. 2 30 The fee for such registration is twenty-five dollars plus a 2 31 writing fee. 2 32 Sec. 4. Section 462A.12, subsection 6, Code Supplement 2 33 2003, is amended to read as follows: 2 34 6. An owner or operator of a vessel propelled by a motor 2 35 of more than ten horsepower shall not permit any person under 3 1 twelve years of age to operate thepersonal watercraftvessel 3 2 unless accompanied in or on the samepersonal watercraft3 3 vessel by a responsible person of at least eighteen years of 3 4 age who is experienced in motorboat operation.Commencing3 5January 1, 2003, aA person who is twelve years of age or 3 6 older but less than eighteen years of age shall not operate 3 7 anypersonal watercraftvessel propelled by a motor of more 3 8 than ten horsepower unless the person has successfully 3 9 completed a department-approved watercraft safety course and 3 10 obtained a watercraft safety certificate. A person required 3 11 to have a watercraft safety certificate shall carry and shall 3 12 exhibit or make available the certificate upon request of an 3 13 officer of the department. A violation of this subsection is 3 14 a simple misdemeanor as provided in section 462A.13. However, 3 15 a person charged with violating this subsection shall not be 3 16 convicted if the person produces in court, within a reasonable 3 17 time, a department-approved certificate. The cost of a 3 18 department certificate, or any duplicate, shall not exceed 3 19 five dollars. 3 20 Sec. 5. Section 462A.20, Code 2003, is amended to read as 3 21 follows: 3 22 462A.20 BOAT INSPECTION. 3 23Any person having,A vessel either for hire or offered for 3 24 hire upon any waters of this state under the jurisdiction of 3 25 the commission, any vessel, either for hire or offered for3 26hire, must have such vessel and all its appurtenances annually3 27 may be inspected at any time by representatives of the 3 28 commission or by any peace officer who is trained in 3 29 enforcing, and who in the regular course of duty enforces, 3 30 boating and navigation laws. 3 31Every such owner shall file in the office of the3 32commission, an application for inspection of such vessels on a3 33blank furnished by the commission for that purpose.3 34 Officers appointed by the commission or any peace officer 3 35 who is trained in enforcing, and who in the regular course of 4 1 duty enforces, boating and navigation laws shall have the 4 2 power and authority to determine whether such vessel is safe 4 3 for the transportation of passengers or cargo and upon what 4 4 waters it may be used. They may determine and designate the 4 5 number of passengers or cargo, including crew, that may be 4 6 carried and determine whether the machinery, equipment, and 4 7 all appurtenances are such as to makesaid vesselsthe vessel 4 8 seaworthy, where used, and such other matters as are 4 9 pertinent. 4 10After such vessels have been inspected as provided herein,4 11a current inspection seal or tag shall be issued by the4 12commission and shall be kept posted in a conspicuous place4 13upon or in such vessel. Any inspection seal or tag shall be4 14in effect only for the calendar year for which the inspection4 15seal or tag is issued.4 16 Private vessels may also be inspected to determine their 4 17 seaworthiness at any time by representatives of the commission 4 18 or by any peace officer who is trained in enforcing, and who 4 19 in the regular course of duty enforces, boating and navigation 4 20 laws. 4 21 Sec. 6. Section 462A.22, Code 2003, is amended to read as 4 22 follows: 4 23 462A.22 ENGINEER OR PILOT LICENSE AND FEES. 4 24 1.NoA vessel shall not be operated for hire by a pilot 4 25 or engineer upon the waters of this state under the 4 26 jurisdiction of the commission unless the pilot or engineer 4 27 first obtains an engineer's or pilot's license. A pilot's 4 28 license is required for any person who has charge of the 4 29 steering or directing of the vessel's course or who does the 4 30 steering or directs the vessel's course. An engineer's 4 31 license is required for all operators who have charge of or 4 32 operate the equipment by which the boat is propelled. If one 4 33 person acts in a dual or alternate capacity, the person shall 4 34 first obtain both an engineer's and pilot's license. 4 35 2. Any person desiring a pilot's or engineer's license 5 1 shall file an application with the commission upon forms 5 2 prepared and furnished by the commission. Such license may be 5 3 issued by the commission only upon recommendation of an 5 4 officer duly authorized by the commission. Before the officer 5 5 recommends such a license, the officer shall investigate the 5 6 competency of the applicant, the applicant's acquaintance with 5 7 and experience in boat work, habits as to sobriety, mental and 5 8 physical qualifications for the work, acquaintance with the 5 9 waters for which application to operate upon is made, 5 10 familiarity with the laws and regulations pertaining to the 5 11 vessel operation and all other pertinent matters. Such 5 12 license shall not be issued to anyone under eighteen years of 5 13 age. 5 14 3. The annual fee for a pilot's license is ten dollars. 5 15 The annual fee for an engineer's license is twenty dollars. 5 16 All fees for the licensing of pilots and engineers shall be 5 17 forwarded by the commission to the treasurer of state, who 5 18 shall place the money in the state fish and game protection 5 19 fund. The money so collected is appropriated to the 5 20 commission solely for the administration and enforcement of 5 21 programs to control aquatic invasive species, for programs to 5 22 monitor and improve the water quality of the state's public 5 23 lakes, and for the administration and enforcement of 5 24 navigation laws and water safety upon the inland waters of 5 25 this state for the fiscal period beginning July 1, 2004, and 5 26 ending June 30, 2010. Beginning on July 1, 2010, the money so 5 27 collected is appropriated to the commission solely for the 5 28 administration and enforcement of navigation laws and water 5 29 safety. 5 30 4. Engineer's and pilot's licenses shall be in effect only 5 31 for the calendar year in whichsuchthe license is issued. 5 32 Sec. 7. Section 462A.39, Code 2003, is amended to read as 5 33 follows: 5 34 462A.39 EXPIRATION DATE. 5 35 Each special certificate issued hereunder shall expire at 6 1 midnight on April 30 ofeach odd-numberedthe last calendar 6 2 year of the registration period, and a new special certificate 6 3 for the ensuingbienniumregistration period may be obtained 6 4 upon application to the commission and payment of the fee 6 5 provided by law. 6 6 Sec. 8. Section 462A.52, Code 2003, is amended to read as 6 7 follows: 6 8 462A.52 FEES REMITTED TO COMMISSION. 6 9 1. Within ten days after the end of each month, a county 6 10 recorder shall remit to the commission all fees collected by 6 11 the recorder during the previous month. Before May 10in odd-6 12numbered yearsof the registration period beginning May 1 of 6 13 that year, a county recorder shall remit to the commission all 6 14 unused license blanks for the previousbienniumregistration 6 15 period. All fees collected for the registration of vessels 6 16 shall be forwarded by the commission to the treasurer of the 6 17 state, who shall place the money ina special conservationthe 6 18 state fish and game protection fund. The money so collected 6 19 is appropriated to the commission solely for the 6 20 administration and enforcement of navigation laws and water 6 21 safety. 6 22 2. Notwithstanding subsection 1, any increase in revenues 6 23 received on or after July 1, 2004, but on or before June 30, 6 24 2010, pursuant to this section as a result of fee increases 6 25 pursuant to this Act, shall be used by the commission only for 6 26 the administration and enforcement of programs to control 6 27 aquatic invasive species, for programs to monitor and improve 6 28 the water quality of the state's public lakes, and for the 6 29 administration and enforcement of navigation laws and water 6 30 safety upon the inland waters of this state. 6 31 Sec. 9. Section 462A.66, Code 2003, is amended to read as 6 32 follows: 6 33 462A.66 INSPECTION AUTHORITY. 6 34 An officer of the commission or any peace officer who is 6 35 trained in enforcing, and who in the regular course of duty 7 1 enforces, boating and navigation laws may stop and inspect a 7 2 vessel being launched, being operated, or being moored on the 7 3 waters of this state under the jurisdiction of the commission 7 4 to determine whether the vessel is properly registered, 7 5 numbered, and equipped as provided under this chapter and 7 6 rules of the commission. An officer may board a vessel in the 7 7 course of an inspection if the operator is unable to supply 7 8 visual evidence that the vessel is properly registered and 7 9 equipped as required by this chapter and rules of the 7 10 commission. The inspection shall not include an inspection of 7 11 an area that is not essential to determine compliance with the 7 12 provisions of this chapter and rules of the commission. 7 13 Sec. 10. Section 462A.21, Code 2003, is repealed. 7 14 EXPLANATION 7 15 This bill relates to various water navigation regulations. 7 16 The bill changes the registration period for a vessel from 7 17 two years to three years for vessels registered after January 7 18 1, 2005. The bill provides that every registration 7 19 certificate and number issued becomes delinquent at midnight 7 20 on April 30 of the last calendar year of the registration 7 21 period and that if an application for the three-year 7 22 registration period is not made before May 1 of the last 7 23 calendar year of the registration period, the applicant shall 7 24 be charged a penalty of $5. The bill also provides that an 7 25 unregistered vessel that is registered after January 1 of the 7 26 year succeeding the beginning of the three-year registration 7 27 period may be registered for the remainder of the current 7 28 registration period at a prorated amount of the appropriate 7 29 registration fee. The bill also changes the registration 7 30 period for a vessel with a valid marine document issued by the 7 31 bureau of customs of the United States government or any 7 32 federal agency successor thereto or for a special certificate 7 33 from two to three years. 7 34 Code section 462A.5 is amended by increasing the 7 35 registration fees for vessels, creating a new registration 8 1 category for motorboats or sailboats 26 feet or more but less 8 2 than 40 feet in length, with a registration fee of $40, and 8 3 creating a new category for motorboats or sailboats 40 feet in 8 4 length or more, with a registration fee of $75. The bill also 8 5 provides that there is a separate registration fee for all 8 6 personal watercraft of $25. 8 7 Code section 462A.12 is amended to provide that an owner or 8 8 operator of a vessel propelled by a motor of more than 10 8 9 horsepower shall not permit any person under 12 years of age 8 10 to operate the vessel unless accompanied in or on the same 8 11 vessel by a responsible person of at least 18 years of age who 8 12 is experienced in motorboat operation. The bill also provides 8 13 that a person who is 12 years of age or older but less than 18 8 14 years of age shall not operate any vessel propelled by a motor 8 15 of more than 10 horsepower unless the person has successfully 8 16 completed a department-approved watercraft safety course and 8 17 obtained a watercraft safety certificate. A person who is 8 18 required to have a watercraft safety certificate must carry 8 19 and exhibit or make the certificate available upon request of 8 20 an officer of the department. A violation of this provision 8 21 is a simple misdemeanor, except that a person charged with a 8 22 violation of this requirement shall not be convicted if the 8 23 person produces the certificate in court within a reasonable 8 24 time. The bill provides that the cost of the certificate 8 25 shall not exceed $5. Previously these provisions only applied 8 26 to persons under 12 years of age or 12 to 18 years of age who 8 27 operated a personal watercraft. 8 28 Code section 462A.20 is amended to provide that a vessel, 8 29 either for hire or offered for hire, is subject to inspection 8 30 at any time rather than an annual mandatory inspection, by 8 31 representatives of the natural resource commission or by any 8 32 peace officer who is trained in enforcing, and who in the 8 33 regular course of duty enforces, boating and navigation laws. 8 34 The bill also eliminates the requirement that the owner of a 8 35 vessel file an application for inspection of such vessels with 9 1 the commission. The bill provides that an officer of the 9 2 commission or any peace officer who is trained in enforcing, 9 3 and who in the regular course of duty enforces, boating and 9 4 navigation laws has the power to determine whether a vessel 9 5 for hire is safe and upon what waters it may be used and the 9 6 power to determine the seaworthiness of any private vessel. 9 7 The bill eliminates the requirement that vessels that have 9 8 been inspected be issued a current inspection seal that must 9 9 be posted in a conspicuous place and is valid for the calendar 9 10 year in which the inspection occurred. 9 11 Code section 462A.22 is amended to provide that the annual 9 12 fee for vessels for hire is $10 for a pilot's license and $20 9 13 for an engineer's license. The bill also provides that such 9 14 fees shall be placed in the state fish and game protection 9 15 fund and are appropriated solely for the administration and 9 16 enforcement of programs to control aquatic invasive species, 9 17 for programs to monitor and improve the water quality of the 9 18 state's public lakes, and for the administration and 9 19 enforcement of navigation laws and water safety upon the 9 20 inland waters of this state for the fiscal period beginning 9 21 July 1, 2004, and ending June 30, 2010. Beginning July 1, 9 22 2010, such fees are to be used for the administration and 9 23 enforcement of navigation laws and water safety. 9 24 Code section 462A.52 is amended to provide that fees 9 25 collected by a county recorder for the registration of vessels 9 26 shall be forwarded to the state treasurer to be placed in the 9 27 state fish and game protection fund, instead of a special 9 28 conservation fund. The bill provides that this money is 9 29 appropriated to the commission solely for the administration 9 30 and enforcement of navigation laws and water safety. The bill 9 31 also provides that, notwithstanding these provisions, any 9 32 increase in revenues received on or after July 1, 2004, 9 33 pursuant to this Code section as a result of fee increases 9 34 pursuant to the bill, shall be used by the commission for the 9 35 fiscal period beginning July 1, 2004, and ending June 30, 10 1 2010, only for the administration and enforcement of programs 10 2 to control aquatic invasive species, for programs to monitor 10 3 and improve the water quality of the state's public lakes and 10 4 for the administration and enforcement of navigation laws and 10 5 water safety upon the inland waters of this state. 10 6 Code section 462A.66 is amended to provide that any peace 10 7 officer as well as an officer of the natural resource 10 8 commission may stop and inspect a vessel being launched, 10 9 operated, or moored upon the waters of this state to determine 10 10 whether the vessel is properly registered, numbered, and 10 11 equipped and may board a vessel if the operator is unable to 10 12 supply visual evidence that the vessel is properly registered 10 13 and equipped so long as the inspection does not include an 10 14 inspection of an area that is not essential to determine 10 15 compliance with these provisions. 10 16 The bill repeals Code section 462A.21, which relates to 10 17 inspections and annual fees for inspections of vessels 10 18 operated for hire. 10 19 LSB 5471SV 80 10 20 av/sh/8
Text: SF02119 Text: SF02121 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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