HF 389 — 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 HSB 44.) Effective 7-1-19.

House File 389 - IntroducedEnrolled HOUSEHouse FILEFile 389 BYAN COMMITTEEACT ONRELATING TRANSPORTATION (SUCCESSOR TO HSBTHE 44)PROCESS AAND BILLFEES FORASSOCIATED AnWITH ActTHE relatingREGISTRATION toAND theTITLE processOF andVESSELS, feesSNOWMOBILES, associatedAND withALL-TERRAIN theVEHICLES. registration and title of vessels, snowmobiles, and all-terrain vehicles.

TLSBSection 1249HV1. (1) 88 js/rn H.F.

389 Section 1.

The owner of each vessel required to be numbered by this state shall initially register it every three years with the commission through the county recorder of the county in which the owner resides, or, if the owner is a nonresident, the ownerHouse shallFile register389, itp. in the county in which such vessel is principally used.

2 owner shall register it in the county in which such vessel is principally used.

If the application for registration for the three-year registration period is not made before May 1 July 1 of the last calendar year LSBof 1249HVthe (1)registration 88period, -1-the js/rnapplicant 1/6shall H.F.be charged a penalty of five dollars.

389 of the registration period, the applicant shall be charged a penalty of five dollars.

Section 462A.43, Code 2019, is amended to read as follows:House File 389, p.

3 follows:

Upon the transfer of ownership of any vessel, the owner, except as otherwise provided by this chapter, shall complete shall, at the time of delivering the vessel, provide the purchaser or transferee with either the title of the vessel assigned in the purchaser’s or transferee’s name or, if there is no title, the registration certificate with the form on the back of the registration certificate and shall deliver it to the purchaser or transferee at the time of delivering the LSBvessel 1249HVcompletely (1)filled 88in. -2- js/rn 2/6 H.F.

389 vessel completely filled in.

If a vessel has an expired registration at the time of transfer, the transferee shall pay all applicable fees for the current registration period, the appropriate writing fee, and a penalty of five dollars, and a transfer of number shall be awarded in the same manner as provided for in an original registration.registration .

Before May 10 of the registration period beginning May 1 of that year, a county recorder shall remit to the commission all unused license blanks for the previous registration period through a process determined by the departmentdepartment. .

Section 462A.77, subsections 4, 5, and 6, Code 2019, areHouse amendedFile to389, readp. as follows:

4 are amended to read as follows:

The application shall be on forms the department prescribes, and accompanied by the required LSBfee. 1249HV (1) 88 -3- js/rn 3/6 H.F.

389 fee.

If a certificate of title is lost, stolen, mutilated, destroyed, or becomes illegible, the first lienholder or, if there is none, the owner named in the certificate, as shown by the county recorder’s records, shall within thirty days obtain aHouse duplicateFile by389, applyingp. to the with any county recorder.

The5 applicanta shallduplicate furnishby informationapplying to the departmentwith requiresany LSBcounty 1249HVrecorder. (1) 88 -4- js/rn 4/6 H.F.

389The applicant shall furnish information the department requires concerning the original certificate and the circumstances of its loss, mutilation, or destruction.

EXPLANATION______________________________ The______________________________ inclusionLINDA ofUPMEYER thisCHARLES explanationSCHNEIDER doesSpeaker notof constitutethe agreementHouse withPresident of the explanation’sSenate substanceI byhereby thecertify membersthat ofthis bill originated in the generalHouse assembly.and is known as House File 389, Eighty-eighth General Assembly.

This______________________________ billCARMINE modifiesBOAL provisionsChief relatingClerk toof the registrationHouse andApproved titling_______________, of2019 vessels.______________________________ KIM REYNOLDS Governor

The bill provides that a vessel shall initially be registered with the county recorder in the county in which the owner resides, but that registration may subsequently be renewed every three years with any county recorder.

To receive the same vessel registration number, an applicant must apply for a registration renewal within 60 days of expiration of the registration, instead of the previous requirement that the application be submitted in a timely fashion.

The bill changes the date after which a $5 penalty will be charged for failure to renew registration from May 1 of the last calendar year of the registration period to July 1 of the last calendar year of the registration period.

The bill removes the requirement that a registrant who moves notify the county recorder in writing of the registrant’s old and new address.

The registrant must simply inform any county recorder of the new address.

The county recorder does not have to forward all past records of the vessel to the recorder of the county in which the owner now resides.

The bill allows a registrant whose name has changed to inform any county recorder.

Under the bill, when a registration certificate is lost, mutilated, or becomes illegible, or when a certificate of title is lost, stolen, mutilated, destroyed, or becomes illegible, the owner (or first lienholder) shall apply for and obtain a duplicate document in any county, rather than applying to the county recorder of original registration for registration LSB 1249HV (1) 88 -5- js/rn 5/6 H.F.

389 certificates and current registration for certificates of title.

The bill requires the owner to give the transferee either the title of the vessel under the transferee’s name or, if there is no title, the registration certificate completely filled in at the time of delivery upon a transfer of ownership.

Once a vessel is titled, a person must assign and deliver title to a purchaser or transferee upon sale or transfer.

Contrary to current law, if the registration of a vessel is expired at the time of transfer, a transfer of number does not need to be awarded in the same manner as provided for in an original registration.

Current law also requires, unless otherwise provided in Code chapter 462A, that an owner must provide a purchaser or transferee of a vessel the registration certificate for the vessel with the form on the back filled in completely.

The bill requires the department to determine a process for collecting fees and penalties from county recording offices and removes the requirement that a county recorder shall remit to the commission all unused license blanks for the previous registration period.

The bill removes the requirement that an application for a certificate of title must be sworn to before a notarial officer.

Under the bill, a dealer who buys or acquires a used vessel for resale no longer needs to report the acquisition to the county recorder on the forms the department provides.

The dealer may apply for and obtain a certificate of title as provided in Code chapter 462A.

The bill removes the requirement that the dealer apply for a certificate of title in the dealer’s name if the dealer acquires an unnumbered vessel.