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