Senate Study Bill 3121 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON GARRETT) A BILL FOR An Act relating to the authorized uses of certain fees 1 collected by county recorders and deposited in the local 2 government electronic transaction fund. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5522XC (2) 87 md/jh

S.F. _____ Section 1. Section 331.604, subsection 3, paragraph b, Code 1 2018, is amended by striking the paragraph and inserting in 2 lieu thereof the following: 3 b. (1) Beginning July 1, 2011, the recorder shall also 4 collect a fee of one dollar for each recorded transaction, 5 regardless of the number of pages, for which a fee is paid 6 pursuant to subsection 1 to be used for the purposes set forth 7 in paragraph “d” . 8 (2) Fees collected in excess of the amount needed for the 9 purposes specified in this subsection shall be used by the 10 county land record information system to reduce or eliminate 11 service fees for electronic submission of documents and 12 instruments. 13 Sec. 2. Section 331.604, subsection 3, paragraph d, Code 14 2018, is amended to read as follows: 15 d. (1) The local government electronic transaction fund 16 is established in the office of the treasurer of state under 17 the control of the treasurer of state. Moneys deposited into 18 the fund are not subject to section 8.33 . Notwithstanding 19 section 12C.7 , interest or earnings on moneys in the local 20 government electronic transaction fund shall be credited to the 21 fund. Moneys in the local government electronic transaction 22 fund are not subject to transfer, appropriation, or reversion 23 to any other fund, or any other use except as provided in this 24 subsection . 25 (2) On a monthly basis, the county treasurer shall pay 26 the fees deposited into the county recorder’s electronic 27 transaction fund to the treasurer of state for deposit into 28 the local government electronic transaction fund. Moneys 29 credited to the local government electronic transaction fund 30 are appropriated to the treasurer of state for the payment 31 of claims approved by the governing board of the county land 32 record information system. 33 (3) Except as otherwise provided in this subsection , 34 expenditures Expenditures from the fund shall be for any of the 35 -1- LSB 5522XC (2) 87 md/jh 1/ 3

S.F. _____ purpose of planning following purposes: 1 (a) Planning and implementing electronic recording and 2 electronic transactions in each county , developing . 3 (b) Developing county and statewide internet sites to 4 provide electronic access to records and information, and 5 to pay the ongoing costs of integrating and maintaining and 6 securing the statewide internet site and the county land record 7 information system and for any associated infrastructure needs 8 of such internet sites and the county land record information 9 system . 10 (c) Integrating information contained in documents and 11 records maintained by the recorder and other land record 12 information from other sources with the county and statewide 13 internet sites and the county land record information system. 14 (d) Implementing and maintaining a process for redacting 15 personally identifiable information contained in electronic 16 documents that are displayed for public access through an 17 internet site or that are transferred to another person. 18 (e) Establishing and implementing standards for recording, 19 processing, and archiving electronic documents and records. 20 (f) Expanding access to records by encouraging electronic 21 indexing and scanning of documents and instruments recorded in 22 prior years. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 Current Code section 331.604, in addition to other 27 recording fees collected by the county recorder, provides 28 for an additional $1 fee to be collected for each recorded 29 transaction on or after July 1, 2011. The fees collected are 30 deposited into the local government electronic transaction 31 fund and are required to be used for specified purposes 32 including maintaining the statewide internet site and the 33 county land record information system; integrating information 34 contained in documents and records with the county land record 35 -2- LSB 5522XC (2) 87 md/jh 2/ 3

S.F. _____ information system; implementing and maintaining a process for 1 redacting personally identifiable information contained in 2 electronic documents; establishing and implementing standards 3 for recording, processing, and archiving electronic documents 4 and records; and expanding access to records by encouraging 5 electronic indexing and scanning of documents and instruments 6 recorded in prior years. Current law governing the local 7 government electronic transaction fund provides for the use 8 of moneys in the fund, unless otherwise provided by law, for 9 planning and implementing electronic recording and electronic 10 transactions in each county, developing county and statewide 11 internet sites to provide electronic access to records and 12 information, and to pay the ongoing costs of integrating and 13 maintaining the statewide internet site. 14 This bill combines those identified purposes in current 15 law to apply to all fees deposited in the local government 16 electronic transaction fund and authorizes such fees to be 17 used for the ongoing costs of securing the statewide internet 18 site and the county land record information system and for any 19 associated infrastructure needs of such internet sites and the 20 county land record information system. 21 -3- LSB 5522XC (2) 87 md/jh 3/ 3