House File 2235 - Introduced HOUSE FILE 2235 BY WESTRICH A BILL FOR An Act relating to writing fees required for certain 1 all-terrain vehicle, snowmobile, and water vessel 2 transactions completed by a county recorder. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6017YH (2) 89 th/ns
H.F. 2235 Section 1. Section 321G.27, subsection 1, paragraphs a, b, 1 and c, Code 2022, are amended by striking the paragraphs. 2 Sec. 2. Section 321G.27, subsection 1, Code 2022, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . 0d. The county recorder shall collect a 5 writing fee of one dollar twenty-five cents for each privilege 6 under this chapter. 7 Sec. 3. Section 321G.29, subsection 3, Code 2022, is amended 8 to read as follows: 9 3. An owner of a snowmobile shall apply to the county 10 recorder for issuance of a certificate of title within thirty 11 days after acquisition. The application shall be on forms 12 the department prescribes and accompanied by the required fee 13 specified in section 321G.30 and the writing fee specified in 14 section 321G.27 . The application shall include a certification 15 signed in writing containing substantially the representation 16 that statements made are true and correct to the best of the 17 applicant’s knowledge, information, and belief, under penalty 18 of perjury. The application shall contain the date of sale 19 and gross price of the snowmobile or the fair market value if 20 no sale immediately preceded the transfer and any additional 21 information the department requires. If the application is 22 made for a snowmobile last previously registered or titled in 23 another state or foreign country, the application shall contain 24 this information and any other information the department 25 requires. 26 Sec. 4. Section 321G.31, Code 2022, is amended to read as 27 follows: 28 321G.31 Transfer or repossession by operation of law. 29 1. If ownership of a snowmobile is transferred by 30 operation of law, such as by inheritance, order in bankruptcy, 31 insolvency, replevin, or execution sale, the transferee, within 32 thirty days after acquiring the right to possession of the 33 snowmobile, shall mail or deliver to the county recorder of 34 the transferee’s county of residence satisfactory proof of 35 -1- LSB 6017YH (2) 89 th/ns 1/ 6
H.F. 2235 ownership as the county recorder requires, together with an 1 application for a new certificate of title, and the required 2 fee , plus the writing fee specified in section 321G.27 . 3 However, if the transferee is the surviving spouse of the 4 deceased owner, the county recorder shall waive the required 5 fee fees . 6 2. If a lienholder repossesses a snowmobile by operation of 7 law and holds it for resale, the lienholder shall secure a new 8 certificate of title and shall pay the required fee , plus the 9 writing fee specified in section 321G.27 . 10 Sec. 5. Section 321G.32, subsection 1, Code 2022, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . c. The application shall be accompanied by 13 the writing fee specified in section 321G.27. 14 Sec. 6. Section 321I.29, subsection 1, paragraphs a, b, and 15 c, Code 2022, are amended by striking the paragraphs. 16 Sec. 7. Section 321I.29, subsection 1, Code 2022, is amended 17 by adding the following new paragraph: 18 NEW PARAGRAPH . 0d. The county recorder shall collect a 19 writing fee of one dollar twenty-five cents for each privilege 20 under this chapter. 21 Sec. 8. Section 321I.31, subsection 3, Code 2022, is amended 22 to read as follows: 23 3. An owner of an all-terrain vehicle shall apply to 24 the county recorder for issuance of a certificate of title 25 within thirty days after acquisition. The application shall 26 be on forms the department prescribes and accompanied by the 27 required fee specified in section 321I.32 and the writing fee 28 specified in section 321I.29 . The application shall include a 29 certification signed in writing containing substantially the 30 representation that statements made are true and correct to the 31 best of the applicant’s knowledge, information, and belief, 32 under penalty of perjury. The application shall contain the 33 date of sale and gross price of the all-terrain vehicle or the 34 fair market value if no sale immediately preceded the transfer 35 -2- LSB 6017YH (2) 89 th/ns 2/ 6
H.F. 2235 and any additional information the department requires. If the 1 application is made for an all-terrain vehicle last previously 2 registered or titled in another state or foreign country, 3 the application shall contain this information and any other 4 information the department requires. 5 Sec. 9. Section 321I.33, Code 2022, is amended to read as 6 follows: 7 321I.33 Transfer or repossession by operation of law. 8 1. If ownership of an all-terrain vehicle is transferred by 9 operation of law, such as by inheritance, order in bankruptcy, 10 insolvency, replevin, or execution sale, the transferee, 11 within thirty days after acquiring the right to possession of 12 the all-terrain vehicle, shall mail or deliver to the county 13 recorder of the transferee’s county of residence satisfactory 14 proof of ownership as the county recorder requires, together 15 with an application for a new certificate of title, and 16 the required fee , plus the writing fee specified in section 17 321I.29 . However, if the transferee is the surviving spouse 18 of the deceased owner, the county recorder shall waive the 19 required fee fees . 20 2. If a lienholder repossesses an all-terrain vehicle by 21 operation of law and holds it for resale, the lienholder shall 22 secure a new certificate of title and shall pay the required 23 fee , plus the writing fee specified in section 321I.29 . 24 Sec. 10. Section 321I.34, subsection 1, Code 2022, is 25 amended by adding the following new paragraph: 26 NEW PARAGRAPH . c. The application shall be accompanied by 27 the writing fee specified in section 321I.29. 28 Sec. 11. Section 462A.53, Code 2022, is amended to read as 29 follows: 30 462A.53 Amount of writing fees. 31 A writing fee of one dollar and twenty-five cents for each 32 privilege shall be collected by the county recorder. 33 Sec. 12. Section 462A.77, subsection 4, Code 2022, is 34 amended to read as follows: 35 -3- LSB 6017YH (2) 89 th/ns 3/ 6
H.F. 2235 4. Every owner of a vessel subject to titling under this 1 chapter shall apply to the county recorder for issuance of a 2 certificate of title for the vessel within thirty days after 3 acquisition. The application shall be on forms the department 4 prescribes, and accompanied by the required fee specified 5 in section 462A.78 and the writing fee specified in section 6 462A.53 . The application shall be signed and shall include a 7 certification signed in writing containing substantially the 8 representation that statements made are true and correct to the 9 best of the applicant’s knowledge, information, and belief, 10 under penalty of perjury. The application shall contain 11 the date of sale and gross price of the vessel or the fair 12 market value if no sale immediately preceded the transfer, and 13 any additional information the department requires. If the 14 application is made for a vessel last previously registered or 15 titled in another state or foreign country, it shall contain 16 this information and any other information the department 17 requires. 18 Sec. 13. Section 462A.82, subsections 1 and 2, Code 2022, 19 are amended to read as follows: 20 1. If ownership of a vessel is transferred by operation of 21 law, such as by inheritance, order in bankruptcy, insolvency, 22 replevin, execution sale, or in compliance with section 578A.7 , 23 the transferee, within thirty days after acquiring the right 24 to possession of the vessel by operation of law, shall mail or 25 deliver to the county recorder satisfactory proof of ownership 26 as the county recorder requires, together with an application 27 for a new certificate of title, and the required fee , plus the 28 writing fee specified in section 462A.53 . A title tax is not 29 required on these transactions. However, if the transferee is 30 the surviving spouse of the deceased owner, the county recorder 31 shall waive the required fee fees . 32 2. If a lienholder repossesses a vessel by operation of 33 law and holds it for resale, the lienholder shall secure a new 34 certificate of title and shall pay the required fee , plus the 35 -4- LSB 6017YH (2) 89 th/ns 4/ 6
H.F. 2235 writing fee specified in section 462A.53 . 1 Sec. 14. Section 462A.84, subsection 1, Code 2022, is 2 amended by adding the following new paragraph: 3 NEW PARAGRAPH . c. The application shall be accompanied by 4 the writing fee specified in section 462A.53. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to writing fees required for certain all- 9 terrain vehicle, snowmobile, and water vessel transactions 10 completed by a county recorder. 11 WATER VESSELS. Under current law, a county recorder 12 collects a writing fee of $1.25 for “each privilege” under 13 Code chapter 462A (water navigation regulations). A writing 14 fee is paid by the boat owner to the county recorder for 15 handling the transaction. The writing fee is specifically 16 required with applications for registration, including new 17 or duplicate certificates of registration (Code section 18 462A.5). The writing fee is also specifically required for 19 transfers of ownership of vessels with an expired registration, 20 due when the transferee pays all applicable fees for the 21 current registration period (Code section 462A.43), and with 22 applications for transfer (Code section 462A.44). The writing 23 fee is not specifically mentioned for applications for issuance 24 of a certificate of title (Code section 462A.77), which 25 requires the application to be accompanied by the required 26 fee. The required fee for issuance of a certificate of title, 27 a transfer of title, a duplicate, or a corrected certificate 28 of title is $5 plus a surcharge of $5 (Code section 462A.78). 29 Likewise, the writing fee is not specifically mentioned for 30 perfection of a security interest, for which the application 31 fee is $5 (Code section 462A.84). The bill specifies that 32 applications for a certificate of title or perfection of a 33 security interest are subject to the writing fee. 34 SNOWMOBILES AND ALL-TERRAIN VEHICLES. In contrast to water 35 -5- LSB 6017YH (2) 89 th/ns 5/ 6
H.F. 2235 vessels, the writing fee provisions for snowmobiles and all- 1 terrain vehicles explicitly impose the $1.25 writing fee only 2 for registration or renewal, user permits, and duplicate 3 special registration certificates (Code sections 321G.27 and 4 321I.29). The bill alters these provisions to instead apply 5 to “each privilege” under the respective Code chapter, and 6 specifies that applications for a certificate of title or 7 perfection of a security interest are subject to the writing 8 fee. 9 Current law provides that a license agent shall collect a 10 writing fee of $1 for each snowmobile or all-terrain vehicle 11 registration or renewal and for the sale of each user permit. 12 The bill does not amend these provisions. 13 -6- LSB 6017YH (2) 89 th/ns 6/ 6