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Senate File 281 - IntroducedA Bill ForAn Act 1relating to the process and fees associated with
2the registration and title of vessels, snowmobiles, and
3all-terrain vehicles.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321G.29, subsection 6, Code 2019, is
2amended to read as follows:
36. A dealer transferring ownership of a snowmobile under
4this chapter shall assign the title to the new owner, or in the
5case of a new snowmobile, assign the certificate of origin.
6Within fifteen thirty days the dealer shall forward all moneys
7and applications to the county recorder.
8 Sec. 2. Section 321I.31, subsection 6, Code 2019, is amended
9to read as follows:
106. A dealer transferring ownership of an all-terrain
11vehicle under this chapter shall assign the title to the new
12owner, or in the case of a new all-terrain vehicle, assign
13the certificate of origin. Within fifteen thirty days the
14dealer shall forward all moneys and applications to the county
15recorder.
16 Sec. 3. Section 462A.5, subsection 1, unnumbered paragraph
171, Code 2019, is amended to read as follows:
18The owner of each vessel required to be numbered by this
19state shall initially register it every three years with the
20commission through the county recorder of the county in which
21the owner resides, or, if the owner is a nonresident, the
22owner shall register it in the county in which such vessel
23is principally used. Both residents and nonresidents shall
24subsequently renew registration every three years with any
25county recorder. The commission shall develop and maintain
26an electronic system for the registration of vessels pursuant
27to this chapter. The commission shall establish forms and
28procedures as necessary for the registration of all vessels.
29 Sec. 4. Section 462A.5, subsection 3, paragraph c, Code
302019, is amended to read as follows:
31c. If a timely an application for renewal is made, the
32applicant shall receive the same registration number allocated
33to the applicant for the previous registration period. If the
34application for registration for the three-year registration
35period is not made before May 1 July 1 of the last calendar year
-1-1of the registration period, the applicant shall be charged a
2penalty of five dollars.
3 Sec. 5. Section 462A.5, subsection 4, paragraphs a, b, c,
4and d, Code 2019, are amended to read as follows:
5a. If a person, after registering a vessel, moves from
6the address shown on the registration certificate, the person
7shall, within ten days, notify the any county recorder in
8writing of the old and new address. If appropriate, the county
9recorder shall forward all past records of the vessel to the
10recorder of the county in which the owner resides.
11b. If the name of a person, who has registered a vessel,
12is changed, the person shall, within ten days, notify the any
13 county recorder of the former and new name.
14c. No fee shall be paid to the any county recorder for
15making the changes mentioned in this subsection, unless the
16owner requests a new registration certificate showing the
17change, in which case a fee of one dollar plus a writing fee
18shall be paid to the recorder.
19d. If a registration certificate is lost, mutilated or
20becomes illegible, the owner shall immediately make application
21for and obtain a duplicate registration certificate by
22furnishing information satisfactory to the any county recorder.
23A fee of one dollar plus a writing fee shall be paid to the
24county recorder for a duplicate registration certificate.
25 Sec. 6. Section 462A.43, Code 2019, is amended to read as
26follows:
27462A.43 Transfer of ownership.
28Upon the transfer of ownership of any vessel, the owner,
29except as otherwise provided by this chapter, shall complete
30 shall, at the time of delivering the vessel, provide the
31purchaser or transferee with either the title of the vessel
32assigned in the purchaser’s or transferee’s name or, if there
33is no title, the registration certificate with the form on
34the back of the registration certificate and shall deliver it
35to the purchaser or transferee at the time of delivering the
-2-1vessel completely filled in. Once a vessel has been titled, a
2person shall not sell or transfer ownership without assigning
3and delivering the title to the purchaser or transferee. If
4a vessel has an expired registration at the time of transfer,
5the transferee shall pay all applicable fees for the current
6registration period, the appropriate writing fee, and a penalty
7of five dollars, and a transfer of number shall be awarded in
8the same manner as provided for in an original registration.
9All penalties collected pursuant to this section shall be
10forwarded by the commission to the treasurer of state, who
11shall place the money in the state fish and game protection
12fund. The money so collected is appropriated to the commission
13solely for the administration and enforcement of navigation
14laws and water safety.
15 Sec. 7. Section 462A.52, subsection 1, Code 2019, is amended
16to read as follows:
171. Within ten days after the end of each month, a A county
18recorder shall remit to the commission all fees collected by
19the recorder during the previous month. Before May 10 of the
20registration period beginning May 1 of that year, a county
21recorder shall remit to the commission all unused license
22blanks for the previous registration period through a process
23determined by the department. All fees collected for the
24registration of vessels shall be forwarded by the commission
25to the treasurer of the state, who shall place the money in the
26state fish and game protection fund. The money so collected is
27appropriated to the commission solely for the administration
28and enforcement of navigation laws and water safety.
29 Sec. 8. Section 462A.77, subsections 4, 5, and 6, Code 2019,
30are amended to read as follows:
314. Every owner of a vessel subject to titling under this
32chapter shall apply to the county recorder for issuance of
33a certificate of title for the vessel within thirty days
34after acquisition. The application shall be on forms the
35department prescribes, and accompanied by the required
-3-1fee. The application shall be signed and sworn to before a
2notarial officer as provided in chapter 9B or shall include a
3certification signed in writing containing substantially the
4representation that statements made are true and correct to the
5best of the applicant’s knowledge, information, and belief,
6under penalty of perjury. The application shall contain
7the date of sale and gross price of the vessel or the fair
8market value if no sale immediately preceded the transfer, and
9any additional information the department requires. If the
10application is made for a vessel last previously registered or
11titled in another state or foreign country, it shall contain
12this information and any other information the department
13requires.
145. If a dealer buys or acquires a used vessel for resale,
15the dealer shall report the acquisition to the county recorder
16on the forms the department provides, or the dealer may apply
17for and obtain a certificate of title as provided in this
18chapter. If a dealer buys or acquires a used unnumbered
19vessel, the dealer shall apply for a certificate of title in
20the dealer’s name within fifteen days. If a dealer buys or
21acquires a new vessel for resale, the dealer may apply for a
22certificate of title in the dealer’s name.
236. Every dealer transferring a vessel requiring titling
24under this chapter shall assign the title to the new owner, or
25in the case of a new vessel assign the certificate of origin.
26Within fifteen thirty days the dealer shall forward all moneys
27and applications to the county recorder.
28 Sec. 9. Section 462A.78, subsection 2, Code 2019, is amended
29to read as follows:
302. If a certificate of title is lost, stolen, mutilated,
31destroyed, or becomes illegible, the first lienholder or, if
32there is none, the owner named in the certificate, as shown by
33the county recorder’s records, shall within thirty days obtain
34a duplicate by applying to the with any county recorder. The
35applicant shall furnish information the department requires
-4-1concerning the original certificate and the circumstances of
2its loss, mutilation, or destruction. Mutilated or illegible
3certificates shall be returned to the department with the
4application for a duplicate.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill modifies provisions relating to the registration
9and titling of vessels.
10The bill provides that a vessel shall initially be
11registered with the county recorder in the county in which
12the owner resides, but that registration may subsequently be
13renewed every three years with any county recorder. To receive
14the same vessel registration number, an applicant must apply
15for a registration renewal within 60 days of expiration of the
16registration, instead of the previous requirement that the
17application be submitted in a timely fashion. The bill changes
18the date after which a $5 penalty will be charged for failure
19to renew registration from May 1 of the last calendar year of
20the registration period to July 1 of the last calendar year of
21the registration period.
22The bill removes the requirement that a registrant who moves
23notify the county recorder in writing of the registrant’s old
24and new address. The registrant must simply inform any county
25recorder of the new address. The county recorder does not have
26to forward all past records of the vessel to the recorder of
27the county in which the owner now resides. The bill allows
28a registrant whose name has changed to inform any county
29recorder.
30Under the bill, when a registration certificate is lost,
31mutilated, or becomes illegible, or when a certificate of title
32is lost, stolen, mutilated, destroyed, or becomes illegible,
33the owner (or first lienholder) shall apply for and obtain
34a duplicate document in any county, rather than applying to
35the county recorder of original registration for registration
-5-1certificates and current registration for certificates of
2title.
3The bill requires the owner to give the transferee either
4the title of the vessel under the transferee’s name or, if
5there is no title, the registration certificate completely
6filled in at the time of delivery upon a transfer of ownership.
7Once a vessel is titled, a person must assign and deliver
8title to a purchaser or transferee upon sale or transfer.
9Contrary to current law, if the registration of a vessel is
10expired at the time of transfer, a transfer of number does
11not need to be awarded in the same manner as provided for in
12an original registration. Current law also requires, unless
13otherwise provided in Code chapter 462A, that an owner must
14provide a purchaser or transferee of a vessel the registration
15certificate for the vessel with the form on the back filled in
16completely.
17The bill requires the department to determine a process for
18collecting fees and penalties from county recording offices
19and removes the requirement that a county recorder shall remit
20to the commission all unused license blanks for the previous
21registration period.
22The bill removes the requirement that an application for
23a certificate of title must be sworn to before a notarial
24officer.
25Under the bill, a dealer who buys or acquires a used
26vessel for resale no longer needs to report the acquisition
27to the county recorder on the forms the department provides.
28The dealer may apply for and obtain a certificate of title
29as provided in Code chapter 462A. The bill removes the
30requirement that the dealer apply for a certificate of title in
31the dealer’s name if the dealer acquires an unnumbered vessel.
32A dealer who transfers ownership of a snowmobile, all-terrain
33vehicle, or vessel will have 30 days to forward all moneys and
34applications to the county recorder.
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2the registration and title of vessels, snowmobiles, and
3all-terrain vehicles.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321G.29, subsection 6, Code 2019, is
2amended to read as follows:
36. A dealer transferring ownership of a snowmobile under
4this chapter shall assign the title to the new owner, or in the
5case of a new snowmobile, assign the certificate of origin.
6Within fifteen thirty days the dealer shall forward all moneys
7and applications to the county recorder.
8 Sec. 2. Section 321I.31, subsection 6, Code 2019, is amended
9to read as follows:
106. A dealer transferring ownership of an all-terrain
11vehicle under this chapter shall assign the title to the new
12owner, or in the case of a new all-terrain vehicle, assign
13the certificate of origin. Within fifteen thirty days the
14dealer shall forward all moneys and applications to the county
15recorder.
16 Sec. 3. Section 462A.5, subsection 1, unnumbered paragraph
171, Code 2019, is amended to read as follows:
18The owner of each vessel required to be numbered by this
19state shall initially register it every three years with the
20commission through the county recorder of the county in which
21the owner resides, or, if the owner is a nonresident, the
22owner shall register it in the county in which such vessel
23is principally used. Both residents and nonresidents shall
24subsequently renew registration every three years with any
25county recorder. The commission shall develop and maintain
26an electronic system for the registration of vessels pursuant
27to this chapter. The commission shall establish forms and
28procedures as necessary for the registration of all vessels.
29 Sec. 4. Section 462A.5, subsection 3, paragraph c, Code
302019, is amended to read as follows:
31c. If a timely an application for renewal is made, the
32applicant shall receive the same registration number allocated
33to the applicant for the previous registration period. If the
34application for registration for the three-year registration
35period is not made before May 1 July 1 of the last calendar year
-1-1of the registration period, the applicant shall be charged a
2penalty of five dollars.
3 Sec. 5. Section 462A.5, subsection 4, paragraphs a, b, c,
4and d, Code 2019, are amended to read as follows:
5a. If a person, after registering a vessel, moves from
6the address shown on the registration certificate, the person
7shall, within ten days, notify the any county recorder in
8writing of the old and new address. If appropriate, the county
9recorder shall forward all past records of the vessel to the
10recorder of the county in which the owner resides.
11b. If the name of a person, who has registered a vessel,
12is changed, the person shall, within ten days, notify the any
13 county recorder of the former and new name.
14c. No fee shall be paid to the any county recorder for
15making the changes mentioned in this subsection, unless the
16owner requests a new registration certificate showing the
17change, in which case a fee of one dollar plus a writing fee
18shall be paid to the recorder.
19d. If a registration certificate is lost, mutilated or
20becomes illegible, the owner shall immediately make application
21for and obtain a duplicate registration certificate by
22furnishing information satisfactory to the any county recorder.
23A fee of one dollar plus a writing fee shall be paid to the
24county recorder for a duplicate registration certificate.
25 Sec. 6. Section 462A.43, Code 2019, is amended to read as
26follows:
27462A.43 Transfer of ownership.
28Upon the transfer of ownership of any vessel, the owner,
29except as otherwise provided by this chapter, shall complete
30 shall, at the time of delivering the vessel, provide the
31purchaser or transferee with either the title of the vessel
32assigned in the purchaser’s or transferee’s name or, if there
33is no title, the registration certificate with the form on
34the back of the registration certificate and shall deliver it
35to the purchaser or transferee at the time of delivering the
-2-1vessel completely filled in. Once a vessel has been titled, a
2person shall not sell or transfer ownership without assigning
3and delivering the title to the purchaser or transferee. If
4a vessel has an expired registration at the time of transfer,
5the transferee shall pay all applicable fees for the current
6registration period, the appropriate writing fee, and a penalty
7of five dollars, and a transfer of number shall be awarded in
8the same manner as provided for in an original registration.
9All penalties collected pursuant to this section shall be
10forwarded by the commission to the treasurer of state, who
11shall place the money in the state fish and game protection
12fund. The money so collected is appropriated to the commission
13solely for the administration and enforcement of navigation
14laws and water safety.
15 Sec. 7. Section 462A.52, subsection 1, Code 2019, is amended
16to read as follows:
171. Within ten days after the end of each month, a A county
18recorder shall remit to the commission all fees collected by
19the recorder during the previous month. Before May 10 of the
20registration period beginning May 1 of that year, a county
21recorder shall remit to the commission all unused license
22blanks for the previous registration period through a process
23determined by the department. All fees collected for the
24registration of vessels shall be forwarded by the commission
25to the treasurer of the state, who shall place the money in the
26state fish and game protection fund. The money so collected is
27appropriated to the commission solely for the administration
28and enforcement of navigation laws and water safety.
29 Sec. 8. Section 462A.77, subsections 4, 5, and 6, Code 2019,
30are amended to read as follows:
314. Every owner of a vessel subject to titling under this
32chapter shall apply to the county recorder for issuance of
33a certificate of title for the vessel within thirty days
34after acquisition. The application shall be on forms the
35department prescribes, and accompanied by the required
-3-1fee. The application shall be signed and sworn to before a
2notarial officer as provided in chapter 9B or shall include a
3certification signed in writing containing substantially the
4representation that statements made are true and correct to the
5best of the applicant’s knowledge, information, and belief,
6under penalty of perjury. The application shall contain
7the date of sale and gross price of the vessel or the fair
8market value if no sale immediately preceded the transfer, and
9any additional information the department requires. If the
10application is made for a vessel last previously registered or
11titled in another state or foreign country, it shall contain
12this information and any other information the department
13requires.
145. If a dealer buys or acquires a used vessel for resale,
15the dealer shall report the acquisition to the county recorder
16on the forms the department provides, or the dealer may apply
17for and obtain a certificate of title as provided in this
18chapter. If a dealer buys or acquires a used unnumbered
19vessel, the dealer shall apply for a certificate of title in
20the dealer’s name within fifteen days. If a dealer buys or
21acquires a new vessel for resale, the dealer may apply for a
22certificate of title in the dealer’s name.
236. Every dealer transferring a vessel requiring titling
24under this chapter shall assign the title to the new owner, or
25in the case of a new vessel assign the certificate of origin.
26Within fifteen thirty days the dealer shall forward all moneys
27and applications to the county recorder.
28 Sec. 9. Section 462A.78, subsection 2, Code 2019, is amended
29to read as follows:
302. If a certificate of title is lost, stolen, mutilated,
31destroyed, or becomes illegible, the first lienholder or, if
32there is none, the owner named in the certificate, as shown by
33the county recorder’s records, shall within thirty days obtain
34a duplicate by applying to the with any county recorder. The
35applicant shall furnish information the department requires
-4-1concerning the original certificate and the circumstances of
2its loss, mutilation, or destruction. Mutilated or illegible
3certificates shall be returned to the department with the
4application for a duplicate.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill modifies provisions relating to the registration
9and titling of vessels.
10The bill provides that a vessel shall initially be
11registered with the county recorder in the county in which
12the owner resides, but that registration may subsequently be
13renewed every three years with any county recorder. To receive
14the same vessel registration number, an applicant must apply
15for a registration renewal within 60 days of expiration of the
16registration, instead of the previous requirement that the
17application be submitted in a timely fashion. The bill changes
18the date after which a $5 penalty will be charged for failure
19to renew registration from May 1 of the last calendar year of
20the registration period to July 1 of the last calendar year of
21the registration period.
22The bill removes the requirement that a registrant who moves
23notify the county recorder in writing of the registrant’s old
24and new address. The registrant must simply inform any county
25recorder of the new address. The county recorder does not have
26to forward all past records of the vessel to the recorder of
27the county in which the owner now resides. The bill allows
28a registrant whose name has changed to inform any county
29recorder.
30Under the bill, when a registration certificate is lost,
31mutilated, or becomes illegible, or when a certificate of title
32is lost, stolen, mutilated, destroyed, or becomes illegible,
33the owner (or first lienholder) shall apply for and obtain
34a duplicate document in any county, rather than applying to
35the county recorder of original registration for registration
-5-1certificates and current registration for certificates of
2title.
3The bill requires the owner to give the transferee either
4the title of the vessel under the transferee’s name or, if
5there is no title, the registration certificate completely
6filled in at the time of delivery upon a transfer of ownership.
7Once a vessel is titled, a person must assign and deliver
8title to a purchaser or transferee upon sale or transfer.
9Contrary to current law, if the registration of a vessel is
10expired at the time of transfer, a transfer of number does
11not need to be awarded in the same manner as provided for in
12an original registration. Current law also requires, unless
13otherwise provided in Code chapter 462A, that an owner must
14provide a purchaser or transferee of a vessel the registration
15certificate for the vessel with the form on the back filled in
16completely.
17The bill requires the department to determine a process for
18collecting fees and penalties from county recording offices
19and removes the requirement that a county recorder shall remit
20to the commission all unused license blanks for the previous
21registration period.
22The bill removes the requirement that an application for
23a certificate of title must be sworn to before a notarial
24officer.
25Under the bill, a dealer who buys or acquires a used
26vessel for resale no longer needs to report the acquisition
27to the county recorder on the forms the department provides.
28The dealer may apply for and obtain a certificate of title
29as provided in Code chapter 462A. The bill removes the
30requirement that the dealer apply for a certificate of title in
31the dealer’s name if the dealer acquires an unnumbered vessel.
32A dealer who transfers ownership of a snowmobile, all-terrain
33vehicle, or vessel will have 30 days to forward all moneys and
34applications to the county recorder.
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