House File 828 - Reprinted



                                       HOUSE FILE       
                                       BY  COMMITTEE ON WAYS AND MEANS

                                      (SUCCESSOR TO HF 640)
                                      (SUCCESSOR TO HF 149)

    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to aquatic regulations and activities, including
  2    aquatic invasive species, the regulation and registration of
  3    certain vessels, the operation of certain vessels by minors,
  4    inspections of certain vessels, the operation of vessels for
  5    hire or commercial vessels, providing for penalties, and
  6    appropriating the moneys collected from certain registration
  7    fee increases to the state fish and game protection fund.
  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  9 HF 828
 10 av/es/25

PAG LIN



  1  1    Section 1.  Section 455A.4, subsection 1, paragraph j, Code
  1  2 2005, is amended by striking the paragraph.
  1  3    Sec. 2.  Section 456A.37, subsection 1, paragraph c, Code
  1  4 2005, is amended to read as follows:
  1  5    c.  "Aquatic invasive species" means a species that is not
  1  6 native to an ecosystem and whose introduction causes or is
  1  7 likely to cause economic or environmental harm or harm to
  1  8 human health including but not limited to habitat alteration
  1  9 and degradation, and loss of biodiversity.  For the purposes
  1 10 of this section, "aquatic invasive species" are limited to
  1 11 Eurasian water milfoil, purple loosestrife, and zebra mussels,
  1 12 except as provided in subsection 4 and those species
  1 13 identified as "aquatic invasive species" by the commission by
  1 14 rule.
  1 15    Sec. 3.  Section 456A.37, subsection 4, unnumbered
  1 16 paragraph 2, Code 2005, is amended to read as follows:
  1 17    c.  If the commission determines that an additional species
  1 18 should be defined as an "aquatic invasive species", the
  1 19 species may shall be defined by the commission by rule as an
  1 20 "aquatic invasive species" subject to enactment of the
  1 21 definition by the general assembly at the next regular session
  1 22 of the general assembly.  Failure of the general assembly to
  1 23 enact the definition pursuant to this paragraph constitutes a
  1 24 nullification of the definition effective upon adjournment of
  1 25 that next regular session of the general assembly.
  1 26    Sec. 4.  Section 462A.5, subsection 1, unnumbered paragraph
  1 27 1, Code 2005, is amended to read as follows:
  1 28    The owner of each vessel required to be numbered by this
  1 29 state shall register it every two three years with the county
  1 30 recorder of the county in which the owner resides, or, if the
  1 31 owner is a nonresident, the owner shall register it in the
  1 32 county in which such vessel is principally used. The
  1 33 commission shall have supervisory responsibility over the
  1 34 registration of all vessels and shall provide each county
  1 35 recorder with registration forms and certificates and shall
  2  1 allocate identification numbers to each county.
  2  2    Sec. 5.  Section 462A.5, subsection 1, Code 2005, is
  2  3 amended by adding the following unnumbered paragraph after
  2  4 unnumbered paragraph 2:
  2  5    NEW UNNUMBERED PARAGRAPH.  A vessel that has an expired
  2  6 registration certificate from another state may be registered
  2  7 in this state upon proper application, payment of all
  2  8 applicable registration and writing fees, and payment of a
  2  9 penalty of five dollars.
  2 10    Sec. 6.  Section 462A.5, subsection 3, Code 2005, is
  2 11 amended to read as follows:
  2 12    3.  The registration fees for vessels subject to this
  2 13 chapter are as follows:
  2 14    a.  For vessels of any length without motor or sail, five
  2 15 twelve dollars.
  2 16    b.  For motorboats or sailboats less than twelve sixteen
  2 17 feet in length, eight twenty=two dollars and fifty cents.
  2 18    c.  For motorboats or sailboats twelve sixteen feet or
  2 19 more, but less than fifteen twenty=six feet in length, ten
  2 20 thirty dollars.
  2 21    d.  For motorboats or sailboats fifteen feet or more, but
  2 22 less than eighteen feet in length, twelve dollars.
  2 23    e.  For motorboats or sailboats eighteen  feet or more, but
  2 24 less than twenty=five feet in length, eighteen dollars.
  2 25    f.  d.  For motorboats or sailboats twenty=five twenty=six
  2 26 feet in length or more, twenty=eight but less than forty feet
  2 27 in length, sixty dollars.
  2 28    e.  For motorboats or sailboats forty feet in length or
  2 29 more, one hundred twelve dollars and fifty cents.
  2 30    f.  For all personal watercraft, forty=five dollars.
  2 31    Every registration certificate and number issued becomes
  2 32 delinquent at midnight April 30 of odd=numbered years the last
  2 33 calendar year of the registration period unless terminated or
  2 34 discontinued in accordance with this chapter.  After January 1
  2 35 in odd=numbered years, 2007, an unregistered vessel and a
  3  1 renewal of registration may be registered for the two=year
  3  2 three=year registration period beginning May 1 of that year.
  3  3 After January 1 in even=numbered years When unregistered
  3  4 vessels are registered after May 1 of the second year of the
  3  5 three=year registration period, such unregistered vessels may
  3  6 be registered for the remainder of the current registration
  3  7 period at fifty sixty=six percent of the appropriate
  3  8 registration fee.  When unregistered vessels are registered
  3  9 after May 1 of the third year of the three=year registration
  3 10 period, such unregistered vessels may be registered for the
  3 11 remainder of the current registration period at thirty=three
  3 12 percent of the appropriate registration fee.
  3 13    If a timely application for renewal is made, the applicant
  3 14 shall receive the same registration number allocated to the
  3 15 applicant for the previous registration period.  If the
  3 16 application for registration for the biennium three=year
  3 17 registration period is not made before May 1 of each odd=
  3 18 numbered the last calendar year of the registration period,
  3 19 the applicant shall be charged a penalty of five dollars.
  3 20    Sec. 7.  Section 462A.5, subsection 6, Code 2005, is
  3 21 amended to read as follows:
  3 22    6.  The owner of each vessel which has a valid marine
  3 23 document issued by the bureau of customs of the United States
  3 24 government or any federal agency successor thereto shall
  3 25 register it every two three years with the county recorder in
  3 26 the same manner prescribed for undocumented vessels and shall
  3 27 cause the registration validation decal to be placed on the
  3 28 vessel in the manner prescribed by the rules of the
  3 29 commission.  When the vessel bears the identification required
  3 30 in the documentation, it is exempt from the placement of the
  3 31 identification numbers as required on undocumented vessels.
  3 32 The fee for such registration is twenty=five dollars plus a
  3 33 writing fee.
  3 34    Sec. 8.  Section 462A.12, subsection 6, Code 2005, is
  3 35 amended to read as follows:
  4  1    6.  An owner or operator of a vessel propelled by a motor
  4  2 of more than ten horsepower shall not permit any person under
  4  3 twelve years of age to operate the personal watercraft vessel
  4  4 unless accompanied in or on the same personal watercraft
  4  5 vessel by a responsible person of at least eighteen years of
  4  6 age who is experienced in motorboat operation.  Commencing
  4  7 January 1, 2003, a A person who is twelve years of age or
  4  8 older but less than eighteen years of age shall not operate
  4  9 any personal watercraft vessel propelled by a motor of more
  4 10 than ten horsepower unless the person has successfully
  4 11 completed a department=approved watercraft safety course and
  4 12 obtained a watercraft safety certificate or is accompanied in
  4 13 or on the same vessel by a responsible person of at least
  4 14 eighteen years of age who is experienced in motorboat
  4 15 operation.  A person required to have a watercraft safety
  4 16 certificate shall carry and shall exhibit or make available
  4 17 the certificate upon request of an officer of the department.
  4 18 A violation of this subsection is a simple misdemeanor as
  4 19 provided in section 462A.13.  However, a person charged with
  4 20 violating this subsection shall not be convicted if the person
  4 21 produces in court, within a reasonable time, a department=
  4 22 approved certificate.  The cost of a department certificate,
  4 23 or any duplicate, shall not exceed five dollars.
  4 24    Sec. 9.  Section 462A.20, Code 2005, is amended to read as
  4 25 follows:
  4 26    462A.20  BOAT INSPECTION.
  4 27    Any person having, A vessel either for hire or offered for
  4 28 hire upon any waters of this state under the jurisdiction of
  4 29 the commission, any vessel, either for hire or offered for
  4 30 hire, must have such vessel and all its appurtenances annually
  4 31 may be inspected at any time by representatives of the
  4 32 commission or by any peace officer who is trained in
  4 33 enforcing, and who in the regular course of duty enforces,
  4 34 boating and navigation laws.
  4 35    Every such owner shall file in the office of the
  5  1 commission, an application for inspection of such vessels on a
  5  2 blank furnished by the commission for that purpose.
  5  3    Officers appointed by the commission or any peace officer
  5  4 who is trained in enforcing, and who in the regular course of
  5  5 duty enforces, boating and navigation laws shall have the
  5  6 power and authority to determine whether such vessel is safe
  5  7 for the transportation of passengers or cargo and upon what
  5  8 waters it may be used.  They may determine and designate the
  5  9 number of passengers or cargo, including crew, that may be
  5 10 carried and determine whether the machinery, equipment and all
  5 11 appurtenances are such as to make said vessels the vessel
  5 12 seaworthy, where used, and such other matters as are
  5 13 pertinent.
  5 14    After such vessels have been inspected as provided herein,
  5 15 a current inspection seal or tag shall be issued by the
  5 16 commission and shall be kept posted in a conspicuous place
  5 17 upon or in such vessel.  Any inspection seal or tag shall be
  5 18 in effect only for the calendar year for which the inspection
  5 19 seal or tag is issued.
  5 20    Private vessels may also be inspected to determine their
  5 21 seaworthiness at any time by representatives of the commission
  5 22 or by any peace officer who is trained in enforcing, and who
  5 23 in the regular course of duty enforces, boating and navigation
  5 24 laws.
  5 25    Sec. 10.  Section 462A.23, subsection 1, Code 2005, is
  5 26 amended to read as follows:
  5 27    1.  Any officer appointed by the commission may, for cause,
  5 28 temporarily suspend the registration certificate of any vessel
  5 29 and the license of a pilot or engineer, that has been issued
  5 30 under this chapter, and the commission, after a due hearing on
  5 31 the matter at its next session, shall make final determination
  5 32 in the matter.
  5 33    Sec. 11.  Section 462A.23, subsection 2, unnumbered
  5 34 paragraph 1, Code 2005, is amended to read as follows:
  5 35    The commission shall forthwith revoke the registration
  6  1 certificate of any vessel and the pilot's or engineer's
  6  2 license of the operator of such vessel owner's or operator's
  6  3 privilege to operate a vessel for hire or commercial vessel,
  6  4 upon receiving a record of such owner or operator's conviction
  6  5 of any of the following offenses, when such conviction has
  6  6 become final:
  6  7    Sec. 12.  Section 462A.23, subsection 3, Code 2005, is
  6  8 amended to read as follows:
  6  9    3.  The commission is hereby authorized to suspend the
  6 10 registration certificate of any vessel and the pilot's or
  6 11 engineer's license of an operator owner's or operator's
  6 12 privilege to operate a vessel for hire or commercial vessel
  6 13 upon a showing by its records that the owner or operator:
  6 14    a.  Has committed an offense for which mandatory revocation
  6 15 of the registration certificate or pilot's or engineer's
  6 16 license of the privilege to operate a vessel for hire or
  6 17 commercial vessel is required upon conviction.
  6 18    b.  Is a habitual reckless or negligent operator of a
  6 19 vessel for hire or commercial vessel.
  6 20    c.  Is incompetent to operate a vessel for hire or
  6 21 commercial vessel.
  6 22    d.  Has permitted an unlawful or fraudulent use of such
  6 23 registration certificate or pilot's or engineer's license.
  6 24    Sec. 13.  Section 462A.25, Code 2005, is amended by
  6 25 striking the section and inserting in lieu thereof the
  6 26 following:
  6 27    462A.25  PENALTY.
  6 28    If an owner or operator of a vessel for hire or commercial
  6 29 vessel operated upon the waters of this state under the
  6 30 jurisdiction of the commission permits such vessel to be
  6 31 occupied by more passengers and crew than the registration
  6 32 capacity allows or if a person continues to operate a vessel
  6 33 for hire or commercial vessel after the person's privilege to
  6 34 operate the vessel has been revoked, the person shall be
  6 35 guilty of a serious misdemeanor.  The provisions of this
  7  1 section shall not apply to vessels registered or numbered by
  7  2 authority of the United States.
  7  3    Sec. 14.  Section 462A.39, Code 2005, is amended to read as
  7  4 follows:
  7  5    462A.39  EXPIRATION DATE.
  7  6    Each special certificate issued hereunder shall expire at
  7  7 midnight on April 30 of each odd=numbered the last calendar
  7  8 year of the registration period, and a new special certificate
  7  9 for the ensuing biennium registration period may be obtained
  7 10 upon application to the commission and payment of the fee
  7 11 provided by law.
  7 12    Sec. 15.  Section 462A.52, Code 2005, is amended to read as
  7 13 follows:
  7 14    462A.52  FEES REMITTED TO COMMISSION.
  7 15    1.  Within ten days after the end of each month, a county
  7 16 recorder shall remit to the commission all fees collected by
  7 17 the recorder during the previous month.  Before May 10 in odd=
  7 18 numbered years of the registration period beginning May 1 of
  7 19 that year, a county recorder shall remit to the commission all
  7 20 unused license blanks for the previous biennium registration
  7 21 period.  All fees collected for the registration of vessels
  7 22 shall be forwarded by the commission to the treasurer of the
  7 23 state, who shall place the money in a special conservation the
  7 24 state fish and game protection fund.  The money so collected
  7 25 is appropriated to the commission solely for the
  7 26 administration and enforcement of navigation laws and water
  7 27 safety.
  7 28    2.  Notwithstanding subsection 1, any increase in revenues
  7 29 received on or after July 1, 2007, but on or before June 30,
  7 30 2013, pursuant to this section as a result of fee increases
  7 31 pursuant to this Act, shall be used by the commission only for
  7 32 the administration and enforcement of programs to control
  7 33 aquatic invasive species and for the administration and
  7 34 enforcement of navigation laws and water safety upon the
  7 35 inland waters of this state and shall be used in addition to
  8  1 funds already being expended by the commission each year for
  8  2 these purposes.  The commission shall not reduce the amount of
  8  3 other funds being expended on an annual basis for these
  8  4 purposes as of the effective date of this Act, during the
  8  5 period of the appropriation provided for in this subsection.
  8  6    3.  The commission shall submit a written report to the
  8  7 general assembly by December 31, 2007, and by December 31 of
  8  8 each year thereafter through December 31, 2013, summarizing
  8  9 the activities of the department in administering and
  8 10 enforcing programs to control aquatic invasive species and
  8 11 administering and enforcing navigation laws and water safety
  8 12 upon the inland waters of the state.  The report shall include
  8 13 information concerning the amount of revenues collected
  8 14 pursuant to this section as a result of fee increases pursuant
  8 15 to this Act and how the revenues were expended.  The report
  8 16 shall also include information concerning the amount and
  8 17 source of all other funds expended by the commission during
  8 18 the year for the purposes of administering and enforcing
  8 19 programs to control aquatic invasive species and administering
  8 20 and enforcing navigation laws and water safety upon the inland
  8 21 waters of the state and how the funds were expended.
  8 22    Sec. 16.  Section 462A.53, Code 2005, is amended to read as
  8 23 follows:
  8 24    462A.53  AMOUNT OF WRITING FEES.
  8 25    A writing fee of one dollar and twenty=five cents for each
  8 26 transaction shall be collected by the county recorder.  If two
  8 27 or more functions are transacted for the same vessel at one
  8 28 time, the writing fee is limited to one dollar and twenty=
  8 29 five cents.
  8 30    Sec. 17.  Section 462A.66, Code 2005, is amended to read as
  8 31 follows:
  8 32    462A.66  INSPECTION AUTHORITY.
  8 33    An officer of the commission or any peace officer who is
  8 34 trained in enforcing, and who in the regular course of duty
  8 35 enforces, boating and navigation laws may stop and inspect a
  9  1 vessel being launched, being operated, or being moored on the
  9  2 waters of this state under the jurisdiction of the commission
  9  3 to determine whether the vessel is properly registered,
  9  4 numbered, and equipped as provided under this chapter and
  9  5 rules of the commission.  An officer may board a vessel in the
  9  6 course of an inspection if the operator is unable to supply
  9  7 visual evidence that the vessel is properly registered and
  9  8 equipped as required by this chapter and rules of the
  9  9 commission.  The inspection shall not include an inspection of
  9 10 an area that is not essential to determine compliance with the
  9 11 provisions of this chapter and rules of the commission.
  9 12    Sec. 18.  Section 462A.77, subsection 1, Code 2005, is
  9 13 amended to read as follows:
  9 14    1.  Except as provided in subsection 3, an owner of a
  9 15 vessel seventeen feet or longer in length principally used on
  9 16 the waters of the state and to be numbered pursuant to section
  9 17 462A.4 shall apply to the county recorder of the county in
  9 18 which the owner resides for a certificate of title for the
  9 19 vessel.  The requirement of a certificate of title does not
  9 20 apply to canoes, kayaks, or inflatable vessels regardless of
  9 21 length.
  9 22    Sec. 19.  Sections 462A.21 and 462A.22, Code 2005, are
  9 23 repealed.
  9 24 HF 828
  9 25 av:nh/es/25