HSB 604 (LSB 5598YC (4) 85)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON SCHULTZ)

A BILL FOR

An Act relating to county recorder duties, fees, and recordkeeping.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321G.1, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  9A.  “Document” means a snowmobile certificate of title, registration certificate or registration renewal, user permit, or duplicate special registration certificate issued by the county recorder’s office.
    Sec. 2.  Section 321G.27, subsection 1, Code 2014, is amended to read as follows:
   1.  a.  The county recorder shall collect a writing fee of one dollar and twenty-five cents for a snowmobile registration or for renewal of a registration each document issued by the county recorder’s office.
   b.  The county recorder shall retain a writing fee of one dollar and twenty-five cents from the sale of each user permit issued by the county recorder’s office.
   c.  The county recorder shall collect a writing fee of one dollar and twenty-five cents for each duplicate special registration certificate issued by the county recorder’s office.
   d.  b.  Writing fees collected or retained by the county recorder under this chapter shall be deposited in the general fund of the county.
    Sec. 3.  Section 321G.29, subsection 7, Code 2014, is amended to read as follows:
   7.  The county recorder shall keep and maintain a an electronic record of any certificate of title which the county recorder issues and shall keep each certificate of title on record until the certificate of title has been inactive for five years. When issuing a title for a new snowmobile, the county recorder shall obtain and keep the certificate of origin on file a copy of the certificate of origin. When issuing a title and registration for a used snowmobile for which there is no title or registration, the county recorder shall obtain and keep on file the affidavit for the unregistered and untitled snowmobile.
    Sec. 4.  Section 321G.30, subsection 1, Code 2014, is amended to read as follows:
   1.  The county recorder shall charge a ten dollar fee to issue a certificate of title, a transfer of title, a duplicate, or a corrected certificate of title plus a writing fee as provided in section 321G.27.
    Sec. 5.  Section 321G.32, subsection 1, paragraph a, Code 2014, is amended to read as follows:
   a.  To perfect the security interest, an application for security interest must be presented along with the original title. The county recorder shall note the security interest on the face of the title and on in the copy in electronic record maintained by the recorder’s office.
    Sec. 6.  Section 321I.1, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  10A.  “Document” means an all-terrain vehicle certificate of title, vehicle registration or registration renewal, user permit, or duplicate special registration certificate issued by the county recorder’s office.
    Sec. 7.  Section 321I.29, subsection 1, Code 2014, is amended to read as follows:
   1.  a.  The county recorder shall collect a writing fee of one dollar and twenty-five cents for an all-terrain vehicle registration or for renewal of a registration each document issued by the county recorder’s office.
   b.  The county recorder shall retain a writing fee of one dollar and twenty-five cents from the sale of each user permit issued by the county recorder’s office.
   c.  The county recorder shall collect a writing fee of one dollar and twenty-five cents for each duplicate special registration certificate issued by the county recorder’s office.
   d.  b.  Writing fees collected or retained by the county recorder under this chapter shall be deposited in the general fund of the county.
    Sec. 8.  Section 321I.31, subsection 7, Code 2014, is amended to read as follows:
   7.  The county recorder shall keep and maintain a an electronic record of any certificate of title which the county recorder issues and shall keep each certificate of title on record until the certificate of title has been inactive for five years. When issuing a title for a new all-terrain vehicle, the county recorder shall obtain and keep the certificate of origin on file a copy of the certificate of origin. When issuing a title and registration for a used all-terrain vehicle for which there is no title or registration, the county recorder shall obtain and keep on file the affidavit for the unregistered and untitled all-terrain vehicle.
    Sec. 9.  Section 321I.32, subsection 1, Code 2014, is amended to read as follows:
   1.  The county recorder shall charge a ten dollar fee to issue a certificate of title, a transfer of title, a duplicate, or a corrected certificate of title plus a writing fee as provided in section 321I.29.
    Sec. 10.  Section 321I.34, subsection 1, paragraph a, Code 2014, is amended to read as follows:
   a.  To perfect the security interest, an application for security interest must be presented along with the original title. The county recorder shall note the security interest on the face of the title and on in the copy in electronic record maintained by the recorder’s office.
    Sec. 11.  Section 331.602, subsection 39, Code 2014, is amended to read as follows:
   39.  Accept applications for passports if approved to accept such applications by the United States department of state.
    Sec. 12.  Section 359A.10, Code 2014, is amended to read as follows:
   359A.10  Entry and record of orders.

   Such orders, decisions, notices, and returns shall be entered of record at length by the township clerk, and a copy thereof certified by the township clerk to the county recorder, who shall record the same in the recorder’s office in a book kept for that purpose the manner specified in sections 558.49 and 558.52, and index such record in the name of each adjoining owner as grantor to the other. The county recorder shall collect fees specified in section 331.604.
    Sec. 13.  Section 462A.5, subsection 1, paragraph a, Code 2014, is amended to read as follows:
   a.  The owner of the vessel shall file an application for registration with the appropriate county recorder on forms provided by the commission. The application shall be completed and signed by the owner of the vessel and shall be accompanied by the appropriate fee, and the writing fee specified in section 462A.53. Upon applying for registration, the owner shall display a bill of sale, receipt, or other satisfactory proof of ownership as provided by the rules of the commission to the county recorder. If the county recorder is not satisfied as to the ownership of the vessel or that there are no undisclosed security interests in the vessel, the county recorder may register the vessel but shall, as a condition of issuing a registration certificate, require the applicant to follow the procedure provided in section 462A.5A. Upon receipt of the application in approved form accompanied by the required fees, the county recorder shall enter it upon the records of the recorder’s office and shall issue to the applicant a pocket-size registration certificate. The certificate shall be executed in triplicate, one copy to be and delivered to the owner, one copy to the commission, and one copy to be retained on file by the county recorder.  The county recorder shall keep and maintain an electronic record of each registration certificate issued by the county recorder under this chapter. The registration certificate shall bear the number awarded to the vessel, the passenger capacity of the vessel, and the name and address of the owner. In the use of all vessels except nonpowered sailboats, nonpowered canoes, and commercial vessels, the registration certificate shall be carried either in the vessel or on the person of the operator of the vessel when in use. In the use of nonpowered sailboats, nonpowered canoes, or commercial vessels, the registration certificate may be kept on shore in accordance with rules adopted by the commission. The operator shall exhibit the certificate to a peace officer upon request or, when involved in an occurrence of any nature with another vessel or other personal property, to the owner or operator of the other vessel or personal property.
    Sec. 14.  Section 462A.5, subsection 4, paragraphs a and d, Code 2014, are amended to read as follows:
   a.  If a person, after registering a vessel, moves from the address shown on the registration certificate, the person shall, within ten days, notify the county recorder in writing of the old and new address. If appropriate, the county recorder shall forward all past records of the vessel to the recorder of the county in which the owner resides.
   d.  If a registration certificate is lost, mutilated or becomes illegible, the owner shall immediately make application for and obtain a duplicate registration certificate by furnishing information satisfactory to the county recorder. A fee of one dollar plus a writing fee shall be paid to the county recorder for may issue a duplicate registration certificate upon payment of one dollar plus a writing fee as provided in section 462A.53.
    Sec. 15.  Section 462A.77, subsection 7, Code 2014, is amended to read as follows:
   7.  The county recorder shall keep and maintain a an electronic record of any each certificate of title which issued by the county recorder issues and shall keep each certificate of title on record under this chapter until the certificate of title has been inactive for five years.
    Sec. 16.  Section 462A.84, subsection 1, paragraph a, Code 2014, is amended to read as follows:
   a.  To perfect the security interest, an application for security interest must be presented along with the original title. The county recorder shall note the security interest on the face of the title and on in the copy in electronic record maintained by the recorder’s office.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to certain county recorder fees and recordkeeping.
   The bill makes technical changes related to the writing fees collected for the issuance of registrations, registration renewals, user permits, and duplicate special registration certificates charged by a county recorder for snowmobiles and all-terrain vehicles. The bill also requires that a county recorder collect a writing fee of $1.25 for each certificate of title issued by the recorder for snowmobiles and all-terrain vehicles.
   The bill makes changes to the recordkeeping requirements for certificates of title for snowmobiles, all-terrain vehicles, and boats. Under current law, the county recorder is required to keep a physical record of such documents. The bill requires that the county recorder keep and maintain such records electronically. The bill makes corresponding changes related to electronically noting security interests for snowmobiles, all-terrain vehicles, and boats.
   The bill modifies the current requirement that a county recorder accept passport applications by providing that the recorder may do so only if the county recorder is approved by the United States department of state to accept applications.
   Under current law, a county recorder is required to enter and record certain orders, decisions, notices, and returns related to township fences in a book kept for that purpose. The bill provides instead that such orders, decisions, notices, and returns be recorded in the same manner as conveyances, which is by index records and alphabetical arrangement.