House Study Bill 44 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF NATURAL RESOURCES BILL) 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 1249DP (4) 88 js/rn
S.F. _____ H.F. _____ Section 1. Section 321G.29, subsection 6, Code 2019, 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 2019, 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 2019, 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 2019, is amended to read as follows: 30 c. If a timely an application for renewal is made, the 31 applicant shall receive the same registration number allocated 32 to the applicant for the previous registration period. If the 33 application for registration for the three-year registration 34 period is not made before May 1 July 1 of the last calendar year 35 -1- LSB 1249DP (4) 88 js/rn 1/ 6
S.F. _____ H.F. _____ of the registration period, the applicant shall be charged a 1 penalty of five dollars. 2 Sec. 5. Section 462A.5, subsection 4, paragraphs a, b, c, 3 and d, Code 2019, 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 2019, 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 shall, at the time of delivering the vessel, provide the 30 purchaser or transferee with either the title of the vessel 31 assigned in the purchaser’s or transferee’s name or, if there 32 is no title, the registration certificate with the form on 33 the back of the registration certificate and shall deliver it 34 to the purchaser or transferee at the time of delivering the 35 -2- LSB 1249DP (4) 88 js/rn 2/ 6
S.F. _____ H.F. _____ vessel completely filled in . Once a vessel has been titled, a 1 person shall not sell or transfer ownership without assigning 2 and delivering the title to the purchaser or transferee. If 3 a vessel has an expired registration at the time of transfer, 4 the transferee shall pay all applicable fees for the current 5 registration period, the appropriate writing fee, and a penalty 6 of five dollars , and a transfer of number shall be awarded in 7 the same manner as provided for in an original registration . 8 All penalties collected pursuant to this section shall be 9 forwarded by the commission to the treasurer of state, who 10 shall place the money in the state fish and game protection 11 fund. The money so collected is appropriated to the commission 12 solely for the administration and enforcement of navigation 13 laws and water safety. 14 Sec. 7. Section 462A.52, subsection 1, Code 2019, 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 2019, 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 1249DP (4) 88 js/rn 3/ 6
S.F. _____ H.F. _____ 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 2019, 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 1249DP (4) 88 js/rn 4/ 6
S.F. _____ H.F. _____ 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 July 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 1249DP (4) 88 js/rn 5/ 6
S.F. _____ H.F. _____ certificates and current registration for certificates of 1 title. 2 The bill requires the owner to give the transferee either 3 the title of the vessel under the transferee’s name or, if 4 there is no title, the registration certificate completely 5 filled in at the time of delivery upon a transfer of ownership. 6 Once a vessel is titled, a person must assign and deliver 7 title to a purchaser or transferee upon sale or transfer. 8 Contrary to current law, if the registration of a vessel is 9 expired at the time of transfer, a transfer of number does 10 not need to be awarded in the same manner as provided for in 11 an original registration. Current law also requires, unless 12 otherwise provided in Code chapter 462A, that an owner must 13 provide a purchaser or transferee of a vessel the registration 14 certificate for the vessel with the form on the back filled in 15 completely. 16 The bill requires the department to determine a process for 17 collecting fees and penalties from county recording offices 18 and removes the requirement that a county recorder shall remit 19 to the commission all unused license blanks for the previous 20 registration period. 21 The bill removes the requirement that an application for 22 a certificate of title must be sworn to before a notarial 23 officer. 24 Under the bill, a dealer who buys or acquires a used 25 vessel for resale no longer needs to report the acquisition 26 to the county recorder on the forms the department provides. 27 The dealer may apply for and obtain a certificate of title 28 as provided in Code chapter 462A. The bill removes the 29 requirement that the dealer apply for a certificate of title in 30 the dealer’s name if the dealer acquires an unnumbered vessel. 31 A dealer who transfers ownership of a snowmobile, all-terrain 32 vehicle, or vessel will have 30 days to forward all moneys and 33 applications to the county recorder. 34 -6- LSB 1249DP (4) 88 js/rn 6/ 6