Bill Text: IA SF2401 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the process and fees associated with the registration and title of vessels, snowmobiles, and all-terrain vehicles. (Formerly SSB 3108, SF 2292.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2018-04-16 - Passed subcommittee. [SF2401 Detail]

Download: Iowa-2017-SF2401-Introduced.html

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Senate File 2401 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON WAYS AND
                                     MEANS

                                 (SUCCESSOR TO SF 2292)
                                 (SUCCESSOR TO SSB
                                     3108)

                                      A BILL FOR

  1 An Act relating to the process and fees associated with
  2    the registration and title of vessels, snowmobiles, and
  3    all=terrain vehicles.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 321G.29, subsection 6, Code 2018, is
  1  2 amended to read as follows:
  1  3    6.  A dealer transferring ownership of a snowmobile under
  1  4 this chapter shall assign the title to the new owner, or in the
  1  5 case of a new snowmobile, assign the certificate of origin.
  1  6 Within fifteen thirty days the dealer shall forward all moneys
  1  7 and applications to the county recorder.
  1  8    Sec. 2.  Section 321I.31, subsection 6, Code 2018, is amended
  1  9 to read as follows:
  1 10    6.  A dealer transferring ownership of an all=terrain
  1 11 vehicle under this chapter shall assign the title to the new
  1 12 owner, or in the case of a new all=terrain vehicle, assign
  1 13 the certificate of origin. Within fifteen thirty days the
  1 14 dealer shall forward all moneys and applications to the county
  1 15 recorder.
  1 16    Sec. 3.  Section 462A.5, subsection 1, unnumbered paragraph
  1 17 1, Code 2018, is amended to read as follows:
  1 18    The owner of each vessel required to be numbered by this
  1 19 state shall initially register it every three years with the
  1 20 commission through the county recorder of the county in which
  1 21 the owner resides, or, if the owner is a nonresident, the
  1 22 owner shall register it in the county in which such vessel
  1 23 is principally used.  Both residents and nonresidents shall
  1 24 subsequently renew registration every three years with any
  1 25 county recorder. The commission shall develop and maintain
  1 26 an electronic system for the registration of vessels pursuant
  1 27 to this chapter. The commission shall establish forms and
  1 28 procedures as necessary for the registration of all vessels.
  1 29    Sec. 4.  Section 462A.5, subsection 3, paragraph c, Code
  1 30 2018, is amended to read as follows:
  1 31    c.  If a timely an application for renewal is made within
  1 32 sixty days of expiration, the applicant shall receive the same
  1 33 registration number allocated to the applicant for the previous
  1 34 registration period. If the application for registration for
  1 35 the three=year registration period is not made before May 1
  2  1  June 30 of the last calendar year of the registration period,
  2  2 the applicant shall be charged a penalty of five dollars.
  2  3    Sec. 5.  Section 462A.5, subsection 4, paragraphs a, b, c,
  2  4 and d, Code 2018, are amended to read as follows:
  2  5    a.  If a person, after registering a vessel, moves from
  2  6 the address shown on the registration certificate, the person
  2  7 shall, within ten days, notify the any county recorder in
  2  8 writing of the old and new address. If appropriate, the county
  2  9 recorder shall forward all past records of the vessel to the
  2 10 recorder of the county in which the owner resides.
  2 11    b.  If the name of a person, who has registered a vessel,
  2 12 is changed, the person shall, within ten days, notify the any
  2 13  county recorder of the former and new name.
  2 14    c.  No fee shall be paid to the any county recorder for
  2 15 making the changes mentioned in this subsection, unless the
  2 16 owner requests a new registration certificate showing the
  2 17 change, in which case a fee of one dollar plus a writing fee
  2 18 shall be paid to the recorder.
  2 19    d.  If a registration certificate is lost, mutilated or
  2 20 becomes illegible, the owner shall immediately make application
  2 21 for and obtain a duplicate registration certificate by
  2 22 furnishing information satisfactory to the any county recorder.
  2 23 A fee of one dollar plus a writing fee shall be paid to the
  2 24 county recorder for a duplicate registration certificate.
  2 25    Sec. 6.  Section 462A.43, Code 2018, is amended to read as
  2 26 follows:
  2 27    462A.43  Transfer of ownership.
  2 28    Upon the transfer of ownership of any vessel, the owner,
  2 29 except as otherwise provided by this chapter, shall complete,
  2 30 at the time of delivering the vessel, provide the purchaser
  2 31 or transferee with either the title of the vessel assigned in
  2 32 the purchaser's or transferee's name or, if there is no title,
  2 33 the registration certificate with the form on the back of the
  2 34 registration certificate and shall deliver it to the purchaser
  2 35 or transferee at the time of delivering the vessel completely
  3  1 filled in.  Once a vessel has been titled, a person shall not
  3  2 sell or transfer ownership without assigning and delivering
  3  3 the title to the purchaser or transferee. If a vessel has an
  3  4 expired registration at the time of transfer, the transferee
  3  5 shall pay all applicable fees for the current registration
  3  6 period, the appropriate writing fee, and a penalty of five
  3  7 dollars, and a transfer of number shall be awarded in the
  3  8 same manner as provided for in an original registration. All
  3  9 penalties collected pursuant to this section shall be forwarded
  3 10 by the commission to the treasurer of state, who shall place
  3 11 the money in the state fish and game protection fund. The
  3 12 money so collected is appropriated to the commission solely for
  3 13 the administration and enforcement of navigation laws and water
  3 14 safety.
  3 15    Sec. 7.  Section 462A.52, subsection 1, Code 2018, is amended
  3 16 to read as follows:
  3 17    1.  Within ten days after the end of each month, a A county
  3 18 recorder shall remit to the commission all fees collected by
  3 19 the recorder during the previous month. Before May 10 of the
  3 20 registration period beginning May 1 of that year, a county
  3 21 recorder shall remit to the commission all unused license
  3 22 blanks for the previous registration period through a process
  3 23 determined by the department. All fees collected for the
  3 24 registration of vessels shall be forwarded by the commission
  3 25 to the treasurer of the state, who shall place the money in the
  3 26 state fish and game protection fund. The money so collected is
  3 27 appropriated to the commission solely for the administration
  3 28 and enforcement of navigation laws and water safety.
  3 29    Sec. 8.  Section 462A.77, subsections 4, 5, and 6, Code 2018,
  3 30 are amended to read as follows:
  3 31    4.  Every owner of a vessel subject to titling under this
  3 32 chapter shall apply to the county recorder for issuance of
  3 33 a certificate of title for the vessel within thirty days
  3 34 after acquisition. The application shall be on forms the
  3 35 department prescribes, and accompanied by the required
  4  1 fee. The application shall be signed and sworn to before a
  4  2 notarial officer as provided in chapter 9B or shall include a
  4  3 certification signed in writing containing substantially the
  4  4 representation that statements made are true and correct to the
  4  5 best of the applicant's knowledge, information, and belief,
  4  6 under penalty of perjury. The application shall contain
  4  7 the date of sale and gross price of the vessel or the fair
  4  8 market value if no sale immediately preceded the transfer, and
  4  9 any additional information the department requires. If the
  4 10 application is made for a vessel last previously registered or
  4 11 titled in another state or foreign country, it shall contain
  4 12 this information and any other information the department
  4 13 requires.
  4 14    5.  If a dealer buys or acquires a used vessel for resale,
  4 15 the dealer shall report the acquisition to the county recorder
  4 16 on the forms the department provides, or the dealer may apply
  4 17 for and obtain a certificate of title as provided in this
  4 18 chapter. If a dealer buys or acquires a used unnumbered
  4 19 vessel, the dealer shall apply for a certificate of title in
  4 20 the dealer's name within fifteen days. If a dealer buys or
  4 21 acquires a new vessel for resale, the dealer may apply for a
  4 22 certificate of title in the dealer's name.
  4 23    6.  Every dealer transferring a vessel requiring titling
  4 24 under this chapter shall assign the title to the new owner, or
  4 25 in the case of a new vessel assign the certificate of origin.
  4 26 Within fifteen thirty days the dealer shall forward all moneys
  4 27 and applications to the county recorder.
  4 28    Sec. 9.  Section 462A.78, subsection 2, Code 2018, is amended
  4 29 to read as follows:
  4 30    2.  If a certificate of title is lost, stolen, mutilated,
  4 31 destroyed, or becomes illegible, the first lienholder or, if
  4 32 there is none, the owner named in the certificate, as shown by
  4 33 the county recorder's records, shall within thirty days obtain
  4 34 a duplicate by applying to the with any county recorder. The
  4 35 applicant shall furnish information the department requires
  5  1 concerning the original certificate and the circumstances of
  5  2 its loss, mutilation, or destruction. Mutilated or illegible
  5  3 certificates shall be returned to the department with the
  5  4 application for a duplicate.
  5  5                           EXPLANATION
  5  6 The inclusion of this explanation does not constitute agreement with
  5  7 the explanation's substance by the members of the general assembly.
  5  8    This bill modifies provisions relating to the registration
  5  9 and titling of vessels.
  5 10    The bill provides that a vessel shall initially be
  5 11 registered with the county recorder in the county in which
  5 12 the owner resides, but that registration may subsequently be
  5 13 renewed  every three years with any county recorder. To receive
  5 14 the same vessel registration number, an applicant must apply
  5 15 for a registration renewal within 60 days of expiration of the
  5 16 registration, instead of the previous requirement that the
  5 17 application be submitted in a timely fashion. The bill changes
  5 18 the date after which a $5 penalty will be charged for failure
  5 19 to renew registration from May 1 of the last calendar year of
  5 20 the registration period to June 1 of the last calendar year of
  5 21 the registration period.
  5 22    The bill removes the requirement that a registrant who moves
  5 23 notify the county recorder in writing of the registrant's old
  5 24 and new address. The registrant must simply inform any county
  5 25 recorder of the new address. The county recorder does not have
  5 26 to forward all past records of the vessel to the recorder of
  5 27 the county in which the owner now resides. The bill allows
  5 28 a registrant whose name has changed to inform any county
  5 29 recorder.
  5 30    Under the bill, when a registration certificate is lost,
  5 31 mutilated, or becomes illegible, or when a certificate of title
  5 32 is lost, stolen, mutilated, destroyed, or becomes illegible,
  5 33 the owner (or first lienholder) shall apply for and obtain
  5 34 a duplicate document in any county, rather than applying to
  5 35 the county recorder of original registration for registration
  6  1 certificates and current registration for certificates of
  6  2 title.
  6  3    The bill requires the owner to give the transferee either the
  6  4 title of the vessel under the transferee's name or, if there
  6  5 is no title, the registration certificate completely filled in
  6  6 at the time of delivery upon a transfer of ownership. Once a
  6  7 vessel is titled, a person must assign and deliver title to a
  6  8 purchaser or transferee upon sale or transfer. Current law
  6  9 requires, unless otherwise provided in Code chapter 462A, that
  6 10 an owner must provide a purchaser or transferee of a vessel the
  6 11 registration certificate for the vessel with the form on the
  6 12 back filled in completely.
  6 13    The bill requires the department to determine a process for
  6 14 collecting fees and penalties from county recording offices
  6 15 and removes the requirement that a county recorder shall remit
  6 16 to the commission all unused license blanks for the previous
  6 17 registration period.
  6 18    The bill removes the requirement that an application for
  6 19 a certificate of title must be sworn to before a notarial
  6 20 officer.
  6 21    Under the bill, a dealer who buys or acquires a used
  6 22 vessel for resale no longer needs to report the acquisition
  6 23 to the county recorder on the forms the department provides.
  6 24 The dealer may apply for and obtain a certificate of title
  6 25 as provided in Code chapter 462A.  The bill removes the
  6 26 requirement that the dealer apply for a certificate of title in
  6 27 the dealer's name if the dealer acquires an unnumbered vessel.
  6 28 A dealer who transfers ownership of a snowmobile, all=terrain
  6 29 vehicle, or vessel will have 30 days to forward all moneys and
  6 30 applications to the county recorder.
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