Senate File 2292 - Introduced SENATE FILE 2292 BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT (SUCCESSOR TO SSB 3108) A BILL FOR An Act relating to the process and fees associated with 1 the registration and title of vessels, snowmobiles, and 2 all-terrain vehicles. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5330SV (2) 87 js/rn
S.F. 2292 Section 1. Section 321G.29, subsection 6, Code 2018, is 1 amended to read as follows: 2 6. A dealer transferring ownership of a snowmobile under 3 this chapter shall assign the title to the new owner, or in the 4 case of a new snowmobile, assign the certificate of origin. 5 Within fifteen thirty days the dealer shall forward all moneys 6 and applications to the county recorder. 7 Sec. 2. Section 321I.31, subsection 6, Code 2018, is amended 8 to read as follows: 9 6. A dealer transferring ownership of an all-terrain 10 vehicle under this chapter shall assign the title to the new 11 owner, or in the case of a new all-terrain vehicle, assign 12 the certificate of origin. Within fifteen thirty days the 13 dealer shall forward all moneys and applications to the county 14 recorder. 15 Sec. 3. Section 462A.5, subsection 1, unnumbered paragraph 16 1, Code 2018, is amended to read as follows: 17 The owner of each vessel required to be numbered by this 18 state shall initially register it every three years with the 19 commission through the county recorder of the county in which 20 the owner resides, or, if the owner is a nonresident, the 21 owner shall register it in the county in which such vessel 22 is principally used. Both residents and nonresidents shall 23 subsequently renew registration every three years with any 24 county recorder. The commission shall develop and maintain 25 an electronic system for the registration of vessels pursuant 26 to this chapter . The commission shall establish forms and 27 procedures as necessary for the registration of all vessels. 28 Sec. 4. Section 462A.5, subsection 3, paragraph c, Code 29 2018, is amended to read as follows: 30 c. If a timely an application for renewal is made within 31 sixty days of expiration , the applicant shall receive the same 32 registration number allocated to the applicant for the previous 33 registration period. If the application for registration for 34 the three-year registration period is not made before May 1 35 -1- LSB 5330SV (2) 87 js/rn 1/ 6
S.F. 2292 June 30 of the last calendar year of the registration period, 1 the applicant shall be charged a penalty of five dollars. 2 Sec. 5. Section 462A.5, subsection 4, paragraphs a, b, c, 3 and d, Code 2018, are amended to read as follows: 4 a. If a person, after registering a vessel, moves from 5 the address shown on the registration certificate, the person 6 shall, within ten days, notify the any county recorder in 7 writing of the old and new address. If appropriate, the county 8 recorder shall forward all past records of the vessel to the 9 recorder of the county in which the owner resides. 10 b. If the name of a person, who has registered a vessel, 11 is changed, the person shall, within ten days, notify the any 12 county recorder of the former and new name. 13 c. No fee shall be paid to the any county recorder for 14 making the changes mentioned in this subsection , unless the 15 owner requests a new registration certificate showing the 16 change, in which case a fee of one dollar plus a writing fee 17 shall be paid to the recorder. 18 d. If a registration certificate is lost, mutilated or 19 becomes illegible, the owner shall immediately make application 20 for and obtain a duplicate registration certificate by 21 furnishing information satisfactory to the any county recorder. 22 A fee of one dollar plus a writing fee shall be paid to the 23 county recorder for a duplicate registration certificate. 24 Sec. 6. Section 462A.43, Code 2018, is amended to read as 25 follows: 26 462A.43 Transfer of ownership. 27 Upon the transfer of ownership of any vessel, the owner , 28 except as otherwise provided by this chapter , shall complete , 29 at the time of delivering the vessel, provide the purchaser 30 or transferee with either the title of the vessel assigned in 31 the purchaser’s or transferee’s name or, if there is no title, 32 the registration certificate with the form on the back of the 33 registration certificate and shall deliver it to the purchaser 34 or transferee at the time of delivering the vessel completely 35 -2- LSB 5330SV (2) 87 js/rn 2/ 6
S.F. 2292 filled in . Once a vessel has been titled, a person shall not 1 sell or transfer ownership without assigning and delivering 2 the title to the purchaser or transferee. If a vessel has an 3 expired registration at the time of transfer, the transferee 4 shall pay all applicable fees for the current registration 5 period, the appropriate writing fee, and a penalty of five 6 dollars, and a transfer of number shall be awarded in the 7 same manner as provided for in an original registration. All 8 penalties collected pursuant to this section shall be forwarded 9 by the commission to the treasurer of state, who shall place 10 the money in the state fish and game protection fund. The 11 money so collected is appropriated to the commission solely for 12 the administration and enforcement of navigation laws and water 13 safety. 14 Sec. 7. Section 462A.52, subsection 1, Code 2018, is amended 15 to read as follows: 16 1. Within ten days after the end of each month, a A county 17 recorder shall remit to the commission all fees collected by 18 the recorder during the previous month. Before May 10 of the 19 registration period beginning May 1 of that year, a county 20 recorder shall remit to the commission all unused license 21 blanks for the previous registration period through a process 22 determined by the department . All fees collected for the 23 registration of vessels shall be forwarded by the commission 24 to the treasurer of the state, who shall place the money in the 25 state fish and game protection fund. The money so collected is 26 appropriated to the commission solely for the administration 27 and enforcement of navigation laws and water safety. 28 Sec. 8. Section 462A.77, subsections 4, 5, and 6, Code 2018, 29 are amended to read as follows: 30 4. Every owner of a vessel subject to titling under this 31 chapter shall apply to the county recorder for issuance of 32 a certificate of title for the vessel within thirty days 33 after acquisition. The application shall be on forms the 34 department prescribes, and accompanied by the required 35 -3- LSB 5330SV (2) 87 js/rn 3/ 6
S.F. 2292 fee. The application shall be signed and sworn to before a 1 notarial officer as provided in chapter 9B or shall include a 2 certification signed in writing containing substantially the 3 representation that statements made are true and correct to the 4 best of the applicant’s knowledge, information, and belief, 5 under penalty of perjury. The application shall contain 6 the date of sale and gross price of the vessel or the fair 7 market value if no sale immediately preceded the transfer, and 8 any additional information the department requires. If the 9 application is made for a vessel last previously registered or 10 titled in another state or foreign country, it shall contain 11 this information and any other information the department 12 requires. 13 5. If a dealer buys or acquires a used vessel for resale, 14 the dealer shall report the acquisition to the county recorder 15 on the forms the department provides, or the dealer may apply 16 for and obtain a certificate of title as provided in this 17 chapter . If a dealer buys or acquires a used unnumbered 18 vessel, the dealer shall apply for a certificate of title in 19 the dealer’s name within fifteen days. If a dealer buys or 20 acquires a new vessel for resale, the dealer may apply for a 21 certificate of title in the dealer’s name. 22 6. Every dealer transferring a vessel requiring titling 23 under this chapter shall assign the title to the new owner, or 24 in the case of a new vessel assign the certificate of origin. 25 Within fifteen thirty days the dealer shall forward all moneys 26 and applications to the county recorder. 27 Sec. 9. Section 462A.78, subsection 2, Code 2018, is amended 28 to read as follows: 29 2. If a certificate of title is lost, stolen, mutilated, 30 destroyed, or becomes illegible, the first lienholder or, if 31 there is none, the owner named in the certificate, as shown by 32 the county recorder’s records, shall within thirty days obtain 33 a duplicate by applying to the with any county recorder. The 34 applicant shall furnish information the department requires 35 -4- LSB 5330SV (2) 87 js/rn 4/ 6
S.F. 2292 concerning the original certificate and the circumstances of 1 its loss, mutilation, or destruction. Mutilated or illegible 2 certificates shall be returned to the department with the 3 application for a duplicate. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill modifies provisions relating to the registration 8 and titling of vessels. 9 The bill provides that a vessel shall initially be 10 registered with the county recorder in the county in which 11 the owner resides, but that registration may subsequently be 12 renewed every three years with any county recorder. To receive 13 the same vessel registration number, an applicant must apply 14 for a registration renewal within 60 days of expiration of the 15 registration, instead of the previous requirement that the 16 application be submitted in a timely fashion. The bill changes 17 the date after which a $5 penalty will be charged for failure 18 to renew registration from May 1 of the last calendar year of 19 the registration period to June 1 of the last calendar year of 20 the registration period. 21 The bill removes the requirement that a registrant who moves 22 notify the county recorder in writing of the registrant’s old 23 and new address. The registrant must simply inform any county 24 recorder of the new address. The county recorder does not have 25 to forward all past records of the vessel to the recorder of 26 the county in which the owner now resides. The bill allows 27 a registrant whose name has changed to inform any county 28 recorder. 29 Under the bill, when a registration certificate is lost, 30 mutilated, or becomes illegible, or when a certificate of title 31 is lost, stolen, mutilated, destroyed, or becomes illegible, 32 the owner (or first lienholder) shall apply for and obtain 33 a duplicate document in any county, rather than applying to 34 the county recorder of original registration for registration 35 -5- LSB 5330SV (2) 87 js/rn 5/ 6
S.F. 2292 certificates and current registration for certificates of 1 title. 2 The bill requires the owner to give the transferee either the 3 title of the vessel under the transferee’s name or, if there 4 is no title, the registration certificate completely filled in 5 at the time of delivery upon a transfer of ownership. Once a 6 vessel is titled, a person must assign and deliver title to a 7 purchaser or transferee upon sale or transfer. Current law 8 requires, unless otherwise provided in Code chapter 462A, that 9 an owner must provide a purchaser or transferee of a vessel the 10 registration certificate for the vessel with the form on the 11 back filled in completely. 12 The bill requires the department to determine a process for 13 collecting fees and penalties from county recording offices 14 and removes the requirement that a county recorder shall remit 15 to the commission all unused license blanks for the previous 16 registration period. 17 The bill removes the requirement that an application for 18 a certificate of title must be sworn to before a notarial 19 officer. 20 Under the bill, a dealer who buys or acquires a used 21 vessel for resale no longer needs to report the acquisition 22 to the county recorder on the forms the department provides. 23 The dealer may apply for and obtain a certificate of title 24 as provided in Code chapter 462A. The bill removes the 25 requirement that the dealer apply for a certificate of title in 26 the dealer’s name if the dealer acquires an unnumbered vessel. 27 A dealer who transfers ownership of a snowmobile, all-terrain 28 vehicle, or vessel will have 30 days to forward all moneys and 29 applications to the county recorder. 30 -6- LSB 5330SV (2) 87 js/rn 6/ 6