House File 343 - Introduced



                                       HOUSE FILE       
                                       BY  ZIRKELBACH


    Passed House, Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to registration and numbering requirements for
  2    certain canoes and kayak type vessels and making a penalty
  3    applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2119YH 83
  6 av/sc/14

PAG LIN



  1  1    Section 1.  Section 462A.5, subsection 1, Code 2009, is
  1  2 amended to read as follows:
  1  3    1.  a.  The owner of each vessel required to be numbered by
  1  4 this state shall register it every three years with the
  1  5 commission through the county recorder of the county in which
  1  6 the owner resides, or, if the owner is a nonresident, the
  1  7 owner shall register it in the county in which such vessel is
  1  8 principally used.  The commission shall develop and maintain
  1  9 an electronic system for the registration of vessels pursuant
  1 10 to this chapter.  The commission shall establish forms and
  1 11 procedures as necessary for the registration of all vessels.
  1 12    b.  The owner of the vessel shall file an application for
  1 13 registration with the appropriate county recorder on forms
  1 14 provided by the commission.  The application shall be
  1 15 completed and signed by the owner of the vessel and shall be
  1 16 accompanied by the appropriate fee, and the writing fee
  1 17 specified in section 462A.53.  Upon applying for registration,
  1 18 the owner shall display a bill of sale, receipt, or other
  1 19 satisfactory proof of ownership as provided by the rules of
  1 20 the commission to the county recorder.  If the county recorder
  1 21 is not satisfied as to the ownership of the vessel or that
  1 22 there are no undisclosed security interests in the vessel, the
  1 23 county recorder may register the vessel but shall, as a
  1 24 condition of issuing a registration certificate, require the
  1 25 applicant to follow the procedure provided in section 462A.5A.
  1 26 Upon receipt of the application in approved form accompanied
  1 27 by the required fees, the county recorder shall enter it upon
  1 28 the records of the recorder's office and shall issue to the
  1 29 applicant a pocket=size registration certificate.  The
  1 30 certificate shall be executed in triplicate, one copy to be
  1 31 delivered to the owner, one copy to the commission, and one
  1 32 copy to be retained on file by the county recorder.  The
  1 33 registration certificate shall bear the number awarded to the
  1 34 vessel, the passenger capacity of the vessel, and the name and
  1 35 address of the owner.  In the use of all vessels except
  2  1 nonpowered sailboats, nonpowered canoes or kayak type vessels,
  2  2 and commercial vessels, the registration certificate shall be
  2  3 carried either in the vessel or on the person of the operator
  2  4 of the vessel when in use.  In the use of nonpowered
  2  5 sailboats, nonpowered canoes or kayak type vessels, or
  2  6 commercial vessels, the registration certificate may be kept
  2  7 on shore in accordance with rules adopted by the commission.
  2  8 The operator shall exhibit the certificate to a peace officer
  2  9 upon request or, when involved in an occurrence of any nature
  2 10 with another vessel or other personal property, to the owner
  2 11 or operator of the other vessel or personal property.
  2 12    c.  A vessel that has an expired registration certificate
  2 13 from another state may be registered in this state upon proper
  2 14 application, payment of all applicable registration and
  2 15 writing fees, and payment of a penalty of five dollars.
  2 16    d.  On all vessels except nonpowered sailboats and
  2 17 nonpowered canoes or kayak type vessels the owner shall cause
  2 18 the identification number to be painted on or attached to each
  2 19 side of the bow of the vessel in such size and manner as may
  2 20 be prescribed by the rules of the commission.  On nonpowered
  2 21 boats canoes or kayak type vessels greater than twenty feet in
  2 22 length, and nonpowered sailboats, the number may be placed at
  2 23 alternate locations as prescribed by the rules of the
  2 24 commission.  All numbers shall be maintained in a legible
  2 25 condition at all times.  On nonpowered canoes or kayak type
  2 26 vessels twenty feet or less in length the owner shall affix
  2 27 the registration emblem for the vessel at locations on the
  2 28 vessel and in such manner as may be prescribed by the
  2 29 commission by rule, but the owner is not required to affix the
  2 30 identification number on the vessel.
  2 31    e.  No number, other than the number awarded to a vessel
  2 32 under the provisions of this chapter or granted reciprocity
  2 33 pursuant to this chapter, shall be painted, attached or
  2 34 otherwise displayed on either side of the bow of such vessel.
  2 35    f.  The owner of each vessel must display and maintain, in
  3  1 a legible manner and in a prominent spot on the exterior of
  3  2 such vessel, other than the bow, the passenger capacity of the
  3  3 vessel which must conform with the passenger capacity
  3  4 designated on the registration certificate.
  3  5    Sec. 2.  Section 462A.6, subsection 7, Code 2009, is
  3  6 amended to read as follows:
  3  7    7.  The following A nonpower or nonsail vessels:
  3  8    a.  Inflatable vessels inflatable vessel, seven feet or
  3  9 less in length.
  3 10    b.  Conventional design canoes and kayak type vessels,
  3 11 thirteen feet or less in length.
  3 12                           EXPLANATION
  3 13    This bill requires all nonpowered canoes and kayak type
  3 14 vessels to be registered, regardless of their length.
  3 15 Currently, nonpowered canoes or kayak type vessels 13 feet or
  3 16 less in length are not required to be registered.
  3 17    The bill provides that a nonpowered canoe or kayak type
  3 18 vessel greater than 20 feet in length must display its
  3 19 identification number at locations and in a size and manner
  3 20 prescribed by the natural resource commission by rule.
  3 21 Currently, rules specify that such numbers must be painted or
  3 22 attached to the bow of the vessel in characters not less than
  3 23 three inches in height.
  3 24    The bill also provides that a nonpowered canoe or kayak
  3 25 type vessel that is 20 feet or less in length is not required
  3 26 to display its identification number but is required to affix
  3 27 the vessel's registration emblem as required by the commission
  3 28 by rule.
  3 29    A violation of the provisions of the bill is punishable by
  3 30 a scheduled fine of $10.
  3 31 LSB 2119YH 83
  3 32 av/sc/14.1