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
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S.F.
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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
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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
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H.F.
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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
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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
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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.
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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.
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