Bill Text: IA SF292 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to writing fees required for certain all-terrain vehicle, snowmobile, and water vessel transactions completed by a county recorder.(See SF 498.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-02 - Committee report approving bill, renumbered as SF 498. S.J. 474. [SF292 Detail]
Download: Iowa-2023-SF292-Introduced.html
Senate
File
292
-
Introduced
SENATE
FILE
292
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
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Section
1.
Section
321G.27,
subsection
1,
paragraphs
a,
b,
1
and
c,
Code
2023,
are
amended
by
striking
the
paragraphs.
2
Sec.
2.
Section
321G.27,
subsection
1,
Code
2023,
is
amended
3
by
adding
the
following
new
paragraph:
4
NEW
PARAGRAPH
.
0d.
The
county
recorder
shall
collect
5
a
writing
fee
of
one
dollar
and
twenty-five
cents
for
each
6
privilege
under
this
chapter.
7
Sec.
3.
Section
321G.29,
subsection
3,
Code
2023,
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
2023,
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
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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
2023,
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
2023,
are
amended
by
striking
the
paragraphs.
16
Sec.
7.
Section
321I.29,
subsection
1,
Code
2023,
is
amended
17
by
adding
the
following
new
paragraph:
18
NEW
PARAGRAPH
.
0d.
The
county
recorder
shall
collect
19
a
writing
fee
of
one
dollar
and
twenty-five
cents
for
each
20
privilege
under
this
chapter.
21
Sec.
8.
Section
321I.31,
subsection
3,
Code
2023,
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
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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
2023,
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
2023,
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.77,
subsection
4,
Code
2023,
is
29
amended
to
read
as
follows:
30
4.
Every
owner
of
a
vessel
subject
to
titling
under
this
31
chapter
shall
apply
to
the
county
recorder
for
issuance
of
a
32
certificate
of
title
for
the
vessel
within
thirty
days
after
33
acquisition.
The
application
shall
be
on
forms
the
department
34
prescribes,
and
accompanied
by
the
required
fee
specified
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in
section
462A.78
and
the
writing
fee
specified
in
section
1
462A.53
.
The
application
shall
be
signed
and
shall
include
a
2
certification
signed
in
writing
containing
substantially
the
3
representation
that
statements
made
are
true
and
correct
to
the
4
best
of
the
applicant’s
knowledge,
information,
and
belief,
5
under
penalty
of
perjury.
The
application
shall
contain
6
the
date
of
sale
and
gross
price
of
the
vessel
or
the
fair
7
market
value
if
no
sale
immediately
preceded
the
transfer,
and
8
any
additional
information
the
department
requires.
If
the
9
application
is
made
for
a
vessel
last
previously
registered
or
10
titled
in
another
state
or
foreign
country,
it
shall
contain
11
this
information
and
any
other
information
the
department
12
requires.
13
Sec.
12.
Section
462A.82,
subsections
1
and
2,
Code
2023,
14
are
amended
to
read
as
follows:
15
1.
If
ownership
of
a
vessel
is
transferred
by
operation
of
16
law,
such
as
by
inheritance,
order
in
bankruptcy,
insolvency,
17
replevin,
execution
sale,
or
in
compliance
with
section
578A.7
,
18
the
transferee,
within
thirty
days
after
acquiring
the
right
19
to
possession
of
the
vessel
by
operation
of
law,
shall
mail
or
20
deliver
to
the
county
recorder
satisfactory
proof
of
ownership
21
as
the
county
recorder
requires,
together
with
an
application
22
for
a
new
certificate
of
title,
and
the
required
fee
,
plus
the
23
writing
fee
specified
in
section
462A.53
.
However,
if
the
24
transferee
is
the
surviving
spouse
of
the
deceased
owner,
the
25
county
recorder
shall
waive
the
required
fee
fees
.
A
title
tax
26
is
not
required
on
these
transactions.
27
2.
If
a
lienholder
repossesses
a
vessel
by
operation
of
28
law
and
holds
it
for
resale,
the
lienholder
shall
secure
a
new
29
certificate
of
title
and
shall
pay
the
required
fee
,
plus
the
30
writing
fee
specified
in
section
462A.53
.
31
Sec.
13.
Section
462A.84,
subsection
1,
Code
2023,
is
32
amended
by
adding
the
following
new
paragraph:
33
NEW
PARAGRAPH
.
c.
The
application
shall
be
accompanied
by
34
the
writing
fee
specified
in
section
462A.53.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
writing
fees
required
for
certain
all-
4
terrain
vehicle,
snowmobile,
and
water
vessel
transactions
5
completed
by
a
county
recorder.
6
WATER
VESSELS.
Under
current
law,
a
county
recorder
7
collects
a
writing
fee
of
$1.25
for
“each
privilege”
under
8
Code
chapter
462A
(water
navigation
regulations).
A
writing
9
fee
is
paid
by
the
boat
owner
to
the
county
recorder
for
10
handling
the
transaction.
The
writing
fee
is
specifically
11
required
with
applications
for
registration,
including
new
12
or
duplicate
certificates
of
registration
(Code
section
13
462A.5).
The
writing
fee
is
also
specifically
required
for
14
transfers
of
ownership
of
vessels
with
an
expired
registration,
15
due
when
the
transferee
pays
all
applicable
fees
for
the
16
current
registration
period
(Code
section
462A.43),
and
with
17
applications
for
transfer
(Code
section
462A.44).
The
writing
18
fee
is
not
specifically
mentioned
for
applications
for
issuance
19
of
a
certificate
of
title
(Code
section
462A.77),
which
20
requires
the
application
to
be
accompanied
by
the
required
21
fee.
The
required
fee
for
issuance
of
a
certificate
of
title,
22
a
transfer
of
title,
a
duplicate,
or
a
corrected
certificate
23
of
title
is
$5
plus
a
surcharge
of
$5
(Code
section
462A.78).
24
Likewise,
the
writing
fee
is
not
specifically
mentioned
for
25
perfection
of
a
security
interest,
for
which
the
application
26
fee
is
$5
(Code
section
462A.84).
The
bill
specifies
that
27
applications
for
a
certificate
of
title
or
perfection
of
a
28
security
interest
are
subject
to
the
writing
fee.
29
SNOWMOBILES
AND
ALL-TERRAIN
VEHICLES.
In
contrast
to
water
30
vessels,
the
writing
fee
provisions
for
snowmobiles
and
all-
31
terrain
vehicles
explicitly
impose
the
$1.25
writing
fee
only
32
for
registration
or
renewal,
user
permits,
and
duplicate
33
special
registration
certificates
(Code
sections
321G.27
and
34
321I.29).
The
bill
alters
these
provisions
to
instead
apply
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to
“each
privilege”
under
the
respective
Code
chapter,
and
1
specifies
that
applications
for
a
certificate
of
title
or
2
perfection
of
a
security
interest
are
subject
to
the
writing
3
fee.
4
Current
law
provides
that
a
license
agent
shall
collect
a
5
writing
fee
of
$1
for
each
snowmobile
or
all-terrain
vehicle
6
registration
or
renewal
and
for
the
sale
of
each
user
permit.
7
The
bill
does
not
amend
these
provisions.
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