Senate Amendment 5034


PAG LIN




     1  1    Amend Senate File 2120 as follows:
     1  2 #1.  By striking page 1, line 1, through page 2,
     1  3 line 31, and inserting the following:
     1  4    <Section 1.  Section 462A.2, Code 2003, is amended
     1  5 by adding the following new subsection:
     1  6    NEW SUBSECTION.  30A.  "Registration period" means
     1  7 the period of three years beginning on the first day
     1  8 of the month following the month of the birth of the
     1  9 owner of a vessel for vessels registered by the county
     1 10 recorder.
     1 11    Sec. 2.  Section 462A.5, Code 2003, is amended to
     1 12 read as follows:
     1 13    462A.5  REGISTRATION AND IDENTIFICATION NUMBER.
     1 14    1.  The owner of each vessel required to be
     1 15 numbered by this state shall register it every two
     1 16 three years with the county recorder of the county in
     1 17 which the owner resides, or, if the owner is a
     1 18 nonresident, the owner shall register it in the county
     1 19 in which such vessel is principally used. The
     1 20 commission shall have supervisory responsibility over
     1 21 the registration of all vessels and shall provide each
     1 22 county recorder with registration forms and
     1 23 certificates and shall allocate identification numbers
     1 24 to each county.
     1 25    The owner of the vessel shall file an application
     1 26 for registration with the appropriate county recorder
     1 27 on forms provided by the commission.  The application
     1 28 shall be completed and signed by the owner of the
     1 29 vessel and shall be accompanied by the appropriate
     1 30 fee, and the writing fee specified in section 462A.53.
     1 31 Upon applying for registration, the owner shall
     1 32 display a bill of sale, receipt, or other satisfactory
     1 33 proof of ownership as provided by the rules of the
     1 34 commission to the county recorder.  If the county
     1 35 recorder is not satisfied as to the ownership of the
     1 36 vessel or that there are no undisclosed security
     1 37 interests in the vessel, the county recorder may
     1 38 register the vessel but shall, as a condition of
     1 39 issuing a registration certificate, require the
     1 40 applicant to follow the procedure provided in section
     1 41 462A.5A.  Upon receipt of the application in approved
     1 42 form accompanied by the required fees, the county
     1 43 recorder shall enter it upon the records of the
     1 44 recorder's office and shall issue to the applicant a
     1 45 pocket=size registration certificate.  The certificate
     1 46 shall be executed in triplicate, one copy to be
     1 47 delivered to the owner, one copy to the commission,
     1 48 and one copy to be retained on file by the county
     1 49 recorder.  The registration certificate shall bear the
     1 50 number awarded to the vessel, the passenger capacity
     2  1 of the vessel, and the name and address of the owner.
     2  2 In the use of all vessels except nonpowered sailboats,
     2  3 nonpowered canoes, and commercial vessels, the
     2  4 registration certificate shall be carried either in
     2  5 the vessel or on the person of the operator of the
     2  6 vessel when in use.  In the use of nonpowered
     2  7 sailboats, nonpowered canoes, or commercial vessels,
     2  8 the registration certificate may be kept on shore in
     2  9 accordance with rules adopted by the commission.  The
     2 10 operator shall exhibit the certificate to a peace
     2 11 officer upon request or, when involved in a collision
     2 12 or accident of any nature with another vessel or other
     2 13 personal property, to the owner or operator of the
     2 14 other vessel or personal property.
     2 15    2.  a.  On all vessels except nonpowered sailboats
     2 16 the owner shall cause the identification number to be
     2 17 painted on or attached to each side of the bow of the
     2 18 vessel in such size and manner as may be prescribed by
     2 19 the rules of the commission.  On nonpowered boats the
     2 20 number may be placed at alternate locations as
     2 21 prescribed by the rules of the commission. All numbers
     2 22 shall be maintained in a legible condition at all
     2 23 times.
     2 24    No number, other than the number awarded to a
     2 25 vessel under the provisions of this chapter or granted
     2 26 reciprocity pursuant to this chapter, shall be
     2 27 painted, attached or otherwise displayed on either
     2 28 side of the bow of such the vessel.
     2 29    The owner of each vessel must display and maintain,
     2 30 in a legible manner and in a prominent spot on the
     2 31 exterior of such the vessel, other than the bow, the
     2 32 passenger capacity of the vessel which must conform
     2 33 with the passenger capacity designated on the
     2 34 registration certificate.
     2 35    2.  b.  When an agency of the United States
     2 36 government shall have has in force an overall system
     2 37 of identification numbering for vessels, the numbering
     2 38 system prescribed by the commission pursuant to this
     2 39 chapter, shall be in conformity therewith with the
     2 40 overall system.
     2 41    3.  The registration fees for vessels subject to
     2 42 this chapter are as follows:
     2 43    a.  For vessels of any length without motor or
     2 44 sail, five twelve dollars.
     2 45    b.  For motorboats or sailboats less than twelve
     2 46 sixteen feet in length, eight twenty=two dollars and
     2 47 fifty cents.
     2 48    c.  For motorboats or sailboats twelve sixteen feet
     2 49 or more, but less than fifteen twenty=six feet in
     2 50 length, ten thirty=seven dollars and fifty cents.
     3  1    d.  For motorboats or sailboats fifteen feet or
     3  2 more, but less than eighteen feet in length, twelve
     3  3 dollars.
     3  4    e.  For motorboats or sailboats eighteen feet or
     3  5 more, but less than twenty=five feet in length,
     3  6 eighteen dollars.
     3  7    f.  d.  For motorboats or sailboats twenty=five
     3  8 twenty=six feet in length or more, twenty=eight but
     3  9 less than forty feet in length, sixty dollars.
     3 10    e.  For motor boats or sailboats forty feet in
     3 11 length or more, one hundred twelve dollars and fifty
     3 12 cents.
     3 13    f.  For all personal watercraft, thirty=seven
     3 14 dollars and fifty cents.
     3 15    4.  a.  Twelve registration periods are established
     3 16 for the registration of vessels by the county
     3 17 recorder.  Each registration period shall commence on
     3 18 the first day of each calendar month following the
     3 19 month of the birth of the owner of the vessel and end
     3 20 on the last day of the thirty=sixth month.  Vessels
     3 21 subject to registration which are owned by a person
     3 22 other than a natural person shall be registered for a
     3 23 registration period as determined by the county
     3 24 treasurer.
     3 25    b.  Every registration certificate and number
     3 26 issued becomes delinquent expires at midnight April 30
     3 27 of odd=numbered years on the last day of the last year
     3 28 of the registration period unless terminated or
     3 29 discontinued in accordance with this chapter.  After
     3 30 January 1 in odd=numbered years, an unregistered
     3 31 vessel and a renewal of registration may be registered
     3 32 for the two=year registration period beginning May 1
     3 33 of that year.  After January 1 in even=numbered years,
     3 34 unregistered vessels may be registered for the
     3 35 remainder of the current registration period at fifty
     3 36 percent of the appropriate registration fee.  A person
     3 37 shall not be considered to be operating a vessel with
     3 38 an expired registration for a period of one month
     3 39 following the expiration date of the vessel
     3 40 registration.
     3 41    c.  If a timely application for renewal is made,
     3 42 the applicant shall receive the same registration
     3 43 number allocated to the applicant for the previous
     3 44 registration period.  If the application for
     3 45 registration for the biennium is not made before May 1
     3 46 of each odd=numbered year, is expired, the applicant
     3 47 shall be charged a penalty of five dollars.
     3 48    4.  5.  If a person, after registering a vessel,
     3 49 moves from the address shown on the registration
     3 50 certificate, the person shall, within ten days, notify
     4  1 the county recorder in writing of the old and new
     4  2 address.  If appropriate, the county recorder shall
     4  3 forward all past records of the vessel to the recorder
     4  4 of the county in which the owner resides.
     4  5    If the name of a person, who has registered a
     4  6 vessel, is changed, the person shall, within ten days,
     4  7 notify the county recorder of the former and new name.
     4  8    No fee shall be paid to the county recorder for
     4  9 making the changes mentioned in this subsection,
     4 10 unless the owner requests a new registration
     4 11 certificate showing the change, in which case a fee of
     4 12 one dollar plus a writing fee shall be paid to the
     4 13 recorder.
     4 14    If a registration certificate is lost, mutilated or
     4 15 becomes illegible, the owner shall immediately make
     4 16 application for and obtain a duplicate registration
     4 17 certificate by furnishing information satisfactory to
     4 18 the county recorder.
     4 19    A fee of one dollar plus a writing fee shall be
     4 20 paid to the county recorder for a duplicate
     4 21 registration certificate.
     4 22    If a vessel, registered under this chapter, is
     4 23 destroyed or abandoned, the destruction or abandonment
     4 24 shall be reported to the county recorder and the
     4 25 registration certificate shall be forwarded to the
     4 26 office of the county recorder within ten days after
     4 27 the destruction or abandonment.
     4 28    5.  6.  All records of the commission and the
     4 29 county recorder, other than those declared by law to
     4 30 be confidential for the use of the commission and the
     4 31 county recorder, shall be open to public inspection
     4 32 during office hours.
     4 33    6.  7.  The owner of each vessel which has a valid
     4 34 marine document issued by the bureau of customs of the
     4 35 United States government or any federal agency
     4 36 successor thereto shall register it every two three
     4 37 years with the county recorder in the same manner
     4 38 prescribed for undocumented vessels and shall cause
     4 39 the registration validation decal to be placed on the
     4 40 vessel in the manner prescribed by the rules of the
     4 41 commission.  When the vessel bears the identification
     4 42 required in the documentation, it is exempt from the
     4 43 placement of the identification numbers as required on
     4 44 undocumented vessels.  The fee for such registration
     4 45 is twenty=five dollars plus a writing fee.
     4 46    7.  8.  If the owner of a currently registered
     4 47 vessel places the vessel in storage, the owner shall
     4 48 return the registration certificate to the county
     4 49 recorder with an affidavit stating that the vessel is
     4 50 placed in storage and the effective date of the
     5  1 storage.  The county recorder shall notify the
     5  2 commission of each registered vessel placed in
     5  3 storage.  When the owner of a stored vessel desires to
     5  4 renew the vessel's registration, the owner shall apply
     5  5 to the county recorder and pay the registration fees
     5  6 plus a writing fee as provided in subsections 1 and 3
     5  7 without penalty.  No refund of registration fees shall
     5  8 be allowed for a stored vessel.
     5  9    8.  9.  The registration certificate shall indicate
     5 10 if the vessel is subject to the requirement of a
     5 11 certificate of title and the county from which the
     5 12 certificate of title is issued.
     5 13    10.  To implement the change from odd=numbered
     5 14 calendar year registration to the system provided for
     5 15 in subsection 4, the vessels registered by the county
     5 16 recorder on or after December 1, 2004, shall be
     5 17 registered as follows:
     5 18    a.  Vessel registrations which are not delinquent
     5 19 under the calendar year system may be registered on or
     5 20 after December 1, 2004, up to and including April 30,
     5 21 2005, without penalty.  Registrations paid on or after
     5 22 May 1, 2005, shall be subject to a penalty of five
     5 23 dollars.
     5 24    b. Vessels shall be registered for the registration
     5 25 period as defined in section 462A.2 minus any
     5 26 unexpired months remaining under the previous
     5 27 registration.  If the registration of the vessel is
     5 28 for a period of less than thirty=six months, the
     5 29 registration fee shall be prorated for the unexpired
     5 30 months.  If the registration of the vessel is for a
     5 31 period of more than thirty=six months, the
     5 32 registration shall be prorated for the additional
     5 33 months.
     5 34    c.  When a registration fee computed contains a
     5 35 fractional part of a dollar, the fee shall be computed
     5 36 to the nearest half=dollar.  However, the fee shall
     5 37 not be less than one dollar.>
     5 38 #2.  Page 2, line 34, by inserting after the word
     5 39 <operator> the following:  <of a personal watercraft
     5 40 or>.
     5 41 #3.  Page 3, line 1, by striking the words
     5 42 <personal watercraft> and inserting the following:
     5 43 <personal watercraft or>.
     5 44 #4.  Page 3, line 2, by striking the words
     5 45 <personal watercraft> and inserting the following:
     5 46 <personal watercraft or>.
     5 47 #5.  Page 3, line 4, by inserting after the word
     5 48 <in> the following:  <personal watercraft or>.
     5 49 #6.  Page 3, line 7, by striking the words
     5 50 <personal watercraft> and inserting the following:
     6  1 <personal watercraft or>.
     6  2 #7.  Page 7, by inserting after line 12, the
     6  3 following:
     6  4    <Sec.    .  APPLICABILITY.  The registration system
     6  5 established for vessels pursuant to this Act applies
     6  6 to new registrations on or after January 1, 2005, and
     6  7 to renewals effective for registration periods
     6  8 beginning on or after January 1, 2005.>
     6  9 #8.  By renumbering as necessary.
     6 10
     6 11
     6 12                               
     6 13 DAVID JOHNSON
     6 14 SF 2120.701 80
     6 15 av/gg

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