House Study Bill 604 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON SCHULTZ) A BILL FOR An Act relating to county recorder duties, fees, and 1 recordkeeping. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5598YC (4) 85 aw/sc

H.F. _____ Section 1. Section 321G.1, Code 2014, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 9A. “Document” means a snowmobile 3 certificate of title, registration certificate or registration 4 renewal, user permit, or duplicate special registration 5 certificate issued by the county recorder’s office. 6 Sec. 2. Section 321G.27, subsection 1, Code 2014, is amended 7 to read as follows: 8 1. a. The county recorder shall collect a writing fee of 9 one dollar and twenty-five cents for a snowmobile registration 10 or for renewal of a registration each document issued by the 11 county recorder’s office. 12 b. The county recorder shall retain a writing fee of one 13 dollar and twenty-five cents from the sale of each user permit 14 issued by the county recorder’s office. 15 c. The county recorder shall collect a writing fee of 16 one dollar and twenty-five cents for each duplicate special 17 registration certificate issued by the county recorder’s 18 office. 19 d. b. Writing fees collected or retained by the county 20 recorder under this chapter shall be deposited in the general 21 fund of the county. 22 Sec. 3. Section 321G.29, subsection 7, Code 2014, is amended 23 to read as follows: 24 7. The county recorder shall keep and maintain a an 25 electronic record of any certificate of title which the county 26 recorder issues and shall keep each certificate of title on 27 record until the certificate of title has been inactive for 28 five years. When issuing a title for a new snowmobile, the 29 county recorder shall obtain and keep the certificate of origin 30 on file a copy of the certificate of origin . When issuing a 31 title and registration for a used snowmobile for which there is 32 no title or registration, the county recorder shall obtain and 33 keep on file the affidavit for the unregistered and untitled 34 snowmobile. 35 -1- LSB 5598YC (4) 85 aw/sc 1/ 7

H.F. _____ Sec. 4. Section 321G.30, subsection 1, Code 2014, is amended 1 to read as follows: 2 1. The county recorder shall charge a ten dollar fee to 3 issue a certificate of title, a transfer of title, a duplicate, 4 or a corrected certificate of title plus a writing fee as 5 provided in section 321G.27 . 6 Sec. 5. Section 321G.32, subsection 1, paragraph a, Code 7 2014, is amended to read as follows: 8 a. To perfect the security interest, an application for 9 security interest must be presented along with the original 10 title. The county recorder shall note the security interest on 11 the face of the title and on in the copy in electronic record 12 maintained by the recorder’s office. 13 Sec. 6. Section 321I.1, Code 2014, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 10A. “Document” means an all-terrain 16 vehicle certificate of title, vehicle registration or 17 registration renewal, user permit, or duplicate special 18 registration certificate issued by the county recorder’s 19 office. 20 Sec. 7. Section 321I.29, subsection 1, Code 2014, is amended 21 to read as follows: 22 1. a. The county recorder shall collect a writing fee of 23 one dollar and twenty-five cents for an all-terrain vehicle 24 registration or for renewal of a registration each document 25 issued by the county recorder’s office. 26 b. The county recorder shall retain a writing fee of one 27 dollar and twenty-five cents from the sale of each user permit 28 issued by the county recorder’s office. 29 c. The county recorder shall collect a writing fee of 30 one dollar and twenty-five cents for each duplicate special 31 registration certificate issued by the county recorder’s 32 office. 33 d. b. Writing fees collected or retained by the county 34 recorder under this chapter shall be deposited in the general 35 -2- LSB 5598YC (4) 85 aw/sc 2/ 7

H.F. _____ fund of the county. 1 Sec. 8. Section 321I.31, subsection 7, Code 2014, is amended 2 to read as follows: 3 7. The county recorder shall keep and maintain a an 4 electronic record of any certificate of title which the 5 county recorder issues and shall keep each certificate of 6 title on record until the certificate of title has been 7 inactive for five years. When issuing a title for a new 8 all-terrain vehicle, the county recorder shall obtain and keep 9 the certificate of origin on file a copy of the certificate 10 of origin . When issuing a title and registration for a 11 used all-terrain vehicle for which there is no title or 12 registration, the county recorder shall obtain and keep on file 13 the affidavit for the unregistered and untitled all-terrain 14 vehicle. 15 Sec. 9. Section 321I.32, subsection 1, Code 2014, is amended 16 to read as follows: 17 1. The county recorder shall charge a ten dollar fee to 18 issue a certificate of title, a transfer of title, a duplicate, 19 or a corrected certificate of title plus a writing fee as 20 provided in section 321I.29 . 21 Sec. 10. Section 321I.34, subsection 1, paragraph a, Code 22 2014, is amended to read as follows: 23 a. To perfect the security interest, an application for 24 security interest must be presented along with the original 25 title. The county recorder shall note the security interest on 26 the face of the title and on in the copy in electronic record 27 maintained by the recorder’s office. 28 Sec. 11. Section 331.602, subsection 39, Code 2014, is 29 amended to read as follows: 30 39. Accept applications for passports if approved to accept 31 such applications by the United States department of state . 32 Sec. 12. Section 359A.10, Code 2014, is amended to read as 33 follows: 34 359A.10 Entry and record of orders. 35 -3- LSB 5598YC (4) 85 aw/sc 3/ 7

H.F. _____ Such orders, decisions, notices, and returns shall be 1 entered of record at length by the township clerk, and a copy 2 thereof certified by the township clerk to the county recorder, 3 who shall record the same in the recorder’s office in a book 4 kept for that purpose the manner specified in sections 558.49 5 and 558.52 , and index such record in the name of each adjoining 6 owner as grantor to the other. The county recorder shall 7 collect fees specified in section 331.604 . 8 Sec. 13. Section 462A.5, subsection 1, paragraph a, Code 9 2014, is amended to read as follows: 10 a. The owner of the vessel shall file an application 11 for registration with the appropriate county recorder on 12 forms provided by the commission. The application shall be 13 completed and signed by the owner of the vessel and shall 14 be accompanied by the appropriate fee, and the writing fee 15 specified in section 462A.53 . Upon applying for registration, 16 the owner shall display a bill of sale, receipt, or other 17 satisfactory proof of ownership as provided by the rules of the 18 commission to the county recorder. If the county recorder is 19 not satisfied as to the ownership of the vessel or that there 20 are no undisclosed security interests in the vessel, the county 21 recorder may register the vessel but shall, as a condition of 22 issuing a registration certificate, require the applicant to 23 follow the procedure provided in section 462A.5A . Upon receipt 24 of the application in approved form accompanied by the required 25 fees, the county recorder shall enter it upon the records 26 of the recorder’s office and shall issue to the applicant a 27 pocket-size registration certificate. The certificate shall 28 be executed in triplicate, one copy to be and delivered to the 29 owner , one copy to the commission, and one copy to be retained 30 on file by the county recorder . The county recorder shall 31 keep and maintain an electronic record of each registration 32 certificate issued by the county recorder under this chapter. 33 The registration certificate shall bear the number awarded 34 to the vessel, the passenger capacity of the vessel, and the 35 -4- LSB 5598YC (4) 85 aw/sc 4/ 7

H.F. _____ name and address of the owner. In the use of all vessels 1 except nonpowered sailboats, nonpowered canoes, and commercial 2 vessels, the registration certificate shall be carried either 3 in the vessel or on the person of the operator of the vessel 4 when in use. In the use of nonpowered sailboats, nonpowered 5 canoes, or commercial vessels, the registration certificate 6 may be kept on shore in accordance with rules adopted by the 7 commission. The operator shall exhibit the certificate to a 8 peace officer upon request or, when involved in an occurrence 9 of any nature with another vessel or other personal property, 10 to the owner or operator of the other vessel or personal 11 property. 12 Sec. 14. Section 462A.5, subsection 4, paragraphs a and d, 13 Code 2014, are amended to read as follows: 14 a. If a person, after registering a vessel, moves from 15 the address shown on the registration certificate, the person 16 shall, within ten days, notify the county recorder in writing 17 of the old and new address. If appropriate, the county 18 recorder shall forward all past records of the vessel to the 19 recorder of the county in which the owner resides. 20 d. If a registration certificate is lost, mutilated or 21 becomes illegible, the owner shall immediately make application 22 for and obtain a duplicate registration certificate by 23 furnishing information satisfactory to the county recorder. A 24 fee of one dollar plus a writing fee shall be paid to the county 25 recorder for may issue a duplicate registration certificate 26 upon payment of one dollar plus a writing fee as provided in 27 section 462A.53 . 28 Sec. 15. Section 462A.77, subsection 7, Code 2014, is 29 amended to read as follows: 30 7. The county recorder shall keep and maintain a an 31 electronic record of any each certificate of title which issued 32 by the county recorder issues and shall keep each certificate 33 of title on record under this chapter until the certificate of 34 title has been inactive for five years. 35 -5- LSB 5598YC (4) 85 aw/sc 5/ 7

H.F. _____ Sec. 16. Section 462A.84, subsection 1, paragraph a, Code 1 2014, is amended to read as follows: 2 a. To perfect the security interest, an application for 3 security interest must be presented along with the original 4 title. The county recorder shall note the security interest on 5 the face of the title and on in the copy in electronic record 6 maintained by the recorder’s office. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to certain county recorder fees and 11 recordkeeping. 12 The bill makes technical changes related to the writing 13 fees collected for the issuance of registrations, registration 14 renewals, user permits, and duplicate special registration 15 certificates charged by a county recorder for snowmobiles and 16 all-terrain vehicles. The bill also requires that a county 17 recorder collect a writing fee of $1.25 for each certificate of 18 title issued by the recorder for snowmobiles and all-terrain 19 vehicles. 20 The bill makes changes to the recordkeeping requirements for 21 certificates of title for snowmobiles, all-terrain vehicles, 22 and boats. Under current law, the county recorder is required 23 to keep a physical record of such documents. The bill requires 24 that the county recorder keep and maintain such records 25 electronically. The bill makes corresponding changes related 26 to electronically noting security interests for snowmobiles, 27 all-terrain vehicles, and boats. 28 The bill modifies the current requirement that a county 29 recorder accept passport applications by providing that the 30 recorder may do so only if the county recorder is approved by 31 the United States department of state to accept applications. 32 Under current law, a county recorder is required to enter and 33 record certain orders, decisions, notices, and returns related 34 to township fences in a book kept for that purpose. The bill 35 -6- LSB 5598YC (4) 85 aw/sc 6/ 7

H.F. _____ provides instead that such orders, decisions, notices, and 1 returns be recorded in the same manner as conveyances, which is 2 by index records and alphabetical arrangement. 3 -7- LSB 5598YC (4) 85 aw/sc 7/ 7