House File 2064
HOUSE FILE
BY FREEMAN
(COMPANION TO LSB 5780SS
BY KETTERING)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the regulation of vessels by increasing
2 certain vessel registration fees, regulating the operation of
3 certain vessels by minors, providing for increased inspections
4 of certain vessels, increasing pilot and engineer licensing
5 fees, appropriating the moneys collected to the state fish and
6 game protection fund, and specifying the use of the moneys.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
8 TLSB 5780HH 80
9 av/sh/8
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 invasive aquatic species and for programs
4 21 to improve the water quality of the state's natural lakes and
4 22 inland waters for the fiscal period beginning July 1, 2004,
4 23 and ending June 30, 2010. Beginning on July 1, 2010, the
4 24 moneys so collected are appropriated to the commission solely
4 25 for the administration and enforcement of navigation laws and
4 26 water safety.
4 27 4. Engineer's and pilot's licenses shall be in effect only
4 28 for the calendar year in which such the license is issued.
4 29 Sec. 5. Section 462A.52, Code 2003, is amended to read as
4 30 follows:
4 31 462A.52 FEES REMITTED TO COMMISSION.
4 32 1. Within ten days after the end of each month, a county
4 33 recorder shall remit to the commission all fees collected by
4 34 the recorder during the previous month. Before May 10 in odd=
4 35 numbered years, a county recorder shall remit to the
5 1 commission all unused license blanks for the previous
5 2 biennium. All fees collected for the registration of vessels
5 3 shall be forwarded by the commission to the treasurer of the
5 4 state, who shall place the money in a special conservation the
5 5 state fish and game protection fund. The money so collected
5 6 is appropriated to the commission solely for the
5 7 administration and enforcement of navigation laws and water
5 8 safety.
5 9 2. Notwithstanding subsection 1, any increase in revenues
5 10 received on or after July 1, 2004, but prior to June 30, 2010,
5 11 pursuant to this section as a result of fee increases pursuant
5 12 to this Act, shall be used by the commission only for the
5 13 administration and enforcement of programs to control invasive
5 14 aquatic species and for programs to improve the water quality
5 15 of the state's natural lakes and inland waters.
5 16 Sec. 6. Section 462A.66, Code 2003, is amended to read as
5 17 follows:
5 18 462A.66 INSPECTION AUTHORITY.
5 19 An officer of the commission or any peace officer may stop
5 20 and inspect a vessel being launched, being operated, or being
5 21 moored on the waters of this state under the jurisdiction of
5 22 the commission to determine whether the vessel is properly
5 23 registered, numbered, and equipped as provided under this
5 24 chapter and rules of the commission. An officer may board a
5 25 vessel in the course of an inspection if the operator is
5 26 unable to supply visual evidence that the vessel is properly
5 27 registered and equipped as required by this chapter and rules
5 28 of the commission. The inspection shall not include an
5 29 inspection of an area that is not essential to determine
5 30 compliance with the provisions of this chapter and rules of
5 31 the commission.
5 32 Sec. 7. Section 462A.21, Code 2003, is repealed.
5 33 EXPLANATION
5 34 This bill relates to various water navigation regulations.
5 35 Code section 462A.5 is amended by increasing the
6 1 registration fees for vessels, creating a new registration
6 2 category for motorboats or sailboats 26 feet or more but less
6 3 than 40 feet in length, with a registration fee of $40, and
6 4 creating a new category for motorboats or sailboats 40 feet in
6 5 length or more, with a registration fee of $75. The bill also
6 6 provides that there is a separate registration fee for all
6 7 personal watercraft of $25.
6 8 Code section 462A.12 is amended to provide that an owner or
6 9 operator of a vessel propelled by a motor of more than 10
6 10 horsepower shall not permit any person under 12 years of age
6 11 to operate the vessel unless accompanied in or on the same
6 12 vessel by a responsible person of at least 18 years of age who
6 13 is experienced in motorboat operation. The bill also provides
6 14 that a person who is 12 years of age or older but less than 18
6 15 years of age shall not operate any vessel propelled by a motor
6 16 of more than 10 horsepower unless the person has successfully
6 17 completed a department=approved watercraft safety course and
6 18 obtained a watercraft safety certificate. A person who is
6 19 required to have a watercraft safety certificate must carry
6 20 and exhibit or make the certificate available upon request of
6 21 an officer of the department. A violation of this provision
6 22 is a simple misdemeanor, except that a person charged with a
6 23 violation of this requirement shall not be convicted if the
6 24 person produces the certificate in court within a reasonable
6 25 time. The bill provides that the cost of the certificate
6 26 shall not exceed $5. Previously these provisions only applied
6 27 to persons under 12 years of age or 12 to 18 years of age who
6 28 operated a personal watercraft.
6 29 Code section 462A.20 is amended to provide that a vessel,
6 30 either for hire or offered for hire, is subject to inspection
6 31 at any time rather than an annual mandatory inspection, by
6 32 representatives of the natural resource commission or by any
6 33 peace officer. The bill also eliminates the requirement that
6 34 the owner of a vessel file an application for inspection of
6 35 such vessels with the commission. The bill provides that an
7 1 officer of the commission or any peace officer has the power
7 2 to determine whether a vessel for hire is safe and upon what
7 3 waters it may be used and the power to determine the
7 4 seaworthiness of any private vessel. The bill eliminates the
7 5 requirement that vessels that have been inspected be issued a
7 6 current inspection seal that must be posted in a conspicuous
7 7 place and is valid for the calendar year in which the
7 8 inspection occurred.
7 9 Code section 462A.22 is amended to provide that the annual
7 10 fee for vessels for hire is $10 for a pilot's license and $20
7 11 for an engineer's license. The bill also provides that such
7 12 fees shall be placed in the state fish and game protection
7 13 fund and are appropriated solely for the administration and
7 14 enforcement of programs to control invasive aquatic species
7 15 and for programs to improve the water quality of the state's
7 16 natural lakes and inland waters for the fiscal period
7 17 beginning July 1, 2004, and ending June 30, 2010.
7 18 Code section 462A.52 is amended to provide that fees
7 19 collected by a county recorder for the registration of vessels
7 20 shall be forwarded to the state treasurer to be placed in the
7 21 state fish and game protection fund, instead of a special
7 22 conservation fund. The bill provides that this money is
7 23 appropriated to the commission solely for the administration
7 24 and enforcement of navigation laws and water safety. The bill
7 25 also provides that notwithstanding the provisions of this Code
7 26 section, any increase in revenues received pursuant to this
7 27 Code section on or after July 1, 2004, shall be used by the
7 28 commission for the fiscal period beginning July 1, 2004, and
7 29 ending June 30, 2010, only for the administration and
7 30 enforcement of programs to control invasive aquatic species
7 31 and for programs to improve the water quality of the state's
7 32 natural lakes and inland waters.
7 33 Code section 462A.66 is amended to provide that any peace
7 34 officer as well as an officer of the natural resource
7 35 commission may stop and inspect a vessel being launched,
8 1 operated, or moored upon the waters of this state to determine
8 2 whether the vessel is properly registered, numbered, and
8 3 equipped and may board a vessel if the operator is unable to
8 4 supply visual evidence that the vessel is properly registered
8 5 and equipped so long as the inspection does not include an
8 6 inspection of an area that is not essential to determine
8 7 compliance with these provisions.
8 8 The bill repeals Code section 462A.21, which relates to
8 9 inspections and annual fees for inspections of vessels
8 10 operated for hire.
8 11 LSB 5780HH 80
8 12 av/sh/8