SF 266 (LSB 1242SV (1) 88)

SENATE FILE 266

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO SSB 1050)

A BILL FOR

An Act relating to required notices to the department of transportation regarding certain registered aircraft.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 328.24, subsection 1, Code 2019, is amended to read as follows:
   1.  If, during the year for which an aircraft, except aircraft used for the application of herbicides and pesticides, was registered and the required fee paid, the aircraft is destroyed by fire or accident or junked, and its the aircraft’s identity as an aircraft entirely eliminated, or the aircraft is removed and continuously used beyond the boundaries of the state, then the owner in whose name it the aircraft was registered at the time of destruction, dismantling, or removal from the state shall return the certificate of registration provide notice to the department within thirty days and make affidavit of the destruction, dismantling, or removal and make claim for the refund. The refund shall be paid from the general fund of the state.
    Sec. 2.  Section 328.43, Code 2019, is amended to read as follows:
   328.43  Transfer notice.
   Upon the transfer of ownership of any registered aircraft, the owner shall immediately give provide notice to the department upon the form on the reverse side of the certificate of registration, stating the date of such transfer, the name and post office address with street number, if in a city, of the person to whom the aircraft was transferred, the number of the registration certificate, and such other information as the department may require.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   In 2015, the general assembly repealed a provision which required the display of an aircraft’s certificate of registration under certain circumstances and the presentation of the certificate for inspection upon a demand by various parties. This bill alters certain notice provisions involving the return of an aircraft’s certificate of registration to the department of transportation (DOT).
   Under current law, if a registered aircraft is destroyed by fire or accident or junked, and its identity as an aircraft entirely eliminated, or the aircraft is removed and continuously used beyond the boundaries of the state, then the owner is required to return the aircraft’s certificate of registration to the DOT within 30 days, provide an affidavit of the destruction, dismantling, or removal, and make a claim for a refund of the registration fee. The bill strikes the requirement that the owner return the aircraft’s certificate of registration to the DOT within 30 days, and instead requires the owner to provide notice to the DOT within 30 days.
   Under current law, upon transfer of ownership of a registered aircraft, the owner is required to immediately give notice to the DOT upon the form on the reverse side of the certificate of registration. The bill strikes the requirement that the notice be upon the form on the reverse side of the certificate of registration.