Iowa-2017-SF2401-Introduced
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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