Text: HF02053 Text: HF02055 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. OFFICE OF COUNTY RECORDER ABOLISHED &endash; POWERS 1 2 AND DUTIES TRANSFERRED. 1 3 1. The county commissioner of elections shall not place 1 4 the names of candidates for the office of county recorder on 1 5 the primary election ballot or the general election ballot for 1 6 the primary election or the general election held in 1998. 1 7 2. Effective January 1, 1999, the office of county 1 8 recorder is abolished and the powers and duties of the office 1 9 of county recorder are transferred to other county officers as 1 10 provided in this Act. 1 11 Sec. 2. Section 12C.1, subsection 1, Code 1995, is amended 1 12 to read as follows: 1 13 1. All funds held in the hands of the following officers 1 14 or institutions shall be deposited in one or more depositories 1 15 first approved by the appropriate governing body as indicated: 1 16 For the treasurer of state, by the executive council; for 1 17 judicial officers and court employees, by the supreme court; 1 18 for the county treasurer,recorder,auditor, and sheriff, by 1 19 the board of supervisors; for the city treasurer or other 1 20 designated financial officer of a city, by the city council; 1 21 for the county public hospital or merged area hospital, by the 1 22 board of hospital trustees; for a memorial hospital, by the 1 23 memorial hospital commission; for a school corporation, by the 1 24 board of school directors; for a city utility or combined 1 25 utility system established under chapter 388, by the utility 1 26 board; for a regional library established under chapter 256, 1 27 by the regional board of library trustees; and for an electric 1 28 power agency as defined in section 28F.2, by the governing 1 29 body of the electric power agency. However, the treasurer of 1 30 state and the treasurer of each political subdivision or the 1 31 designated financial officer of a city shall invest all funds 1 32 not needed for current operating expenses in time certificates 1 33 of deposit in approved depositories pursuant to this chapter 1 34 or in investments permitted by section 12B.10. The list of 1 35 public depositories and the amounts severally deposited in the 2 1 depositories are matters of public record. This subsection 2 2 does not limit the definition of "public funds" contained in 2 3 subsection 2. 2 4 Sec. 3. Section 18.97, subsection 15, Code 1995, is 2 5 amended to read as follows: 2 6 15. To the clerk of the district court and each separate 2 7 office of the clerk, the county attorney, the county auditor, 2 8the county recorder,county and city assessor, the county 2 9 treasurer, the sheriff and each separate office of a sheriff, 2 10 the public defender's office, and the administrator of each 2 11 area education agency in the state and also for use in each 2 12 courtroom of the district court .................... 1 copy 2 13 Sec. 4. Section 39.17, unnumbered paragraph 2, Code 1995, 2 14 is amended to read as follows: 2 15 There shall be elected in each county at the general 2 16 election to be held in 1974 and each four years thereafter, a 2 17 treasurer, a recorderand a county attorney who shall hold 2 18 office for a term of four years. 2 19 Sec. 5. Section 44.7, Code 1995, is amended to read as 2 20 follows: 2 21 44.7 HEARING BEFORE COMMISSIONER. 2 22 Objections filed with the commissioner shall be considered 2 23 by the county auditor, county treasurer, and county attorney, 2 24 and a majority decision shall be final; but if the objection 2 25 is to the certificate of nomination of one or more of the 2 26 above named county officers, the officer or officers objected 2 27 to shall not pass upon the objection, but their places shall 2 28 be filled, respectively, by the chairperson of the board of 2 29 supervisors, the sheriff, andthe county recorderanother 2 30 disinterested elected public officer residing in the county 2 31 selected by the chairperson of the board and the sheriff. 2 32 Sec. 6. Section 64.11, Code 1995, is amended to read as 2 33 follows: 2 34 64.11 EXPENSE OF BONDS PAID BY COUNTY. 2 35 If a county treasurer, county attorney,recorder,auditor, 3 1 sheriff, medical examiner, member of the veterans affairs 3 2 commission, member of the board of supervisors, engineer, 3 3 steward, or matron elects to furnish a bond with an 3 4 association or incorporation as surety as provided in this 3 5 chapter, the reasonable cost of the bond shall be paid by the 3 6 county where the bond is filed. 3 7 Sec. 7. Section 69.8, subsection 4, Code 1995, is amended 3 8 to read as follows: 3 9 4. BOARD OF SUPERVISORS. In the membership of the board 3 10 of supervisors, by the treasurer, auditor, andrecorder3 11 attorney, or as provided in section 69.14A. If any of these 3 12 offices have been abolished through consolidation, the county 3 13attorneysheriff shall serve on this committee. 3 14 Sec. 8. Section 144.5, subsection 3, Code 1995, as amended 3 15 by 1995 Iowa Acts, chapter 124, section 1, is amended to read 3 16 as follows: 3 17 3. Direct, supervise, and control the activities of clerks 3 18 of the district court and countyrecordersauditors related to 3 19 the operation of the vital statistics system and provide 3 20 registrars with necessary postage. 3 21 Sec. 9. Section 144.9, unnumbered paragraph 1, Code 1995, 3 22 as amended by 1995 Iowa Acts, chapter 124, section 3, is 3 23 amended to read as follows: 3 24 The countyrecorderauditor is the county registrar and 3 25 with respect to the county shall: 3 26 Sec. 10. Section 257B.35, Code 1995, is amended to read as 3 27 follows: 3 28 257B.35 SHERIFF'S DEED TO STATE. 3 29 When lands have been bid in by the county for the state 3 30 under foreclosure of permanent school fund mortgages and the 3 31 time for redemption has expired, a sheriff's deed shall be 3 32 issued to the state for the use and benefit of the permanent 3 33 school fund. The county auditor shallfile the deed for3 34record in the office of the county recorder who shallrecord 3 35 the deed without fee andreturn it when recorded to the county4 1auditor who shall thenforward it to the secretary of state. 4 2 The secretary of state shall record the deed and then file it 4 3 with the director of revenue and finance. 4 4 Sec. 11. Section 331.101, subsection 12, Code 1995, is 4 5 amended by striking the subsection. 4 6 Sec. 12. Section 331.233, subsection 1, paragraph a, 4 7 subparagraph (2), Code 1995, is amended by striking the 4 8 subparagraph. 4 9 Sec. 13. Section 331.302, subsection 12, Code 1995, is 4 10 amended to read as follows: 4 11 12. Immediately after the effective date of a measure 4 12 establishing a zoning district, building lines, or fire 4 13 limits, the auditor shallcertify the measure and a plat4 14showing the district, lines, or limits, to the recorder. The4 15recorder shallrecord the measure and plat in the 4 16 miscellaneous record or other book provided for special 4 17 records, and shall index the record. 4 18 Sec. 14. Section 331.322, subsection 5, Code 1995, is 4 19 amended to read as follows: 4 20 5. Furnish offices within the county for the sheriff, and 4 21 at the county seat for therecorder,treasurer, auditor, 4 22 county attorney, county surveyor or engineer, county assessor, 4 23 and city assessor. The board shall furnish the officers with 4 24 fuel, lights, and office supplies. However, the board is not 4 25 required to furnish the county attorney with law books. The 4 26 board shall not furnish an office also occupied by a 4 27 practicing attorney to an officer other than the county 4 28 attorney. 4 29 Sec. 15. Section 331.323, subsection 1, paragraph c, Code 4 30 1995, is amended by striking the paragraph. 4 31 Sec. 16. Section 331.323, subsection 2, paragraph g, Code 4 32 1995, is amended to read as follows: 4 33 g. Establish the number of deputies, assistants, and 4 34 clerks for the offices of auditor, treasurer,recorder,4 35 sheriff, and county attorney. 5 1 Sec. 17. Section 331.502, subsection 7, Code 1995, is 5 2 amended to read as follows: 5 3 7. Take temporary possession of the office and all 5 4 official books and papers in the office of treasurer when a 5 5 vacancy occurs and hold the office, books, and records until a 5 6 successor qualifies as provided in section 69.3. The auditor 5 7 shallalso serve temporarily as the recorder if a vacancy5 8occurs in that office and, if there is no chief deputy5 9assessor,act temporarily as the assessor as provided in 5 10 section 441.8, if there is no chief deputy assessor. 5 11 Sec. 18. Section 331.552, Code Supplement 1995, is amended 5 12 by adding the following new subsections: 5 13 NEW SUBSECTION. 33. Carry out duties relating to the 5 14 registration of vessels as provided in sections 462A.5, 5 15 462A.23, 462A.51, 462A.52, 462A.54, and 462A.55. 5 16 NEW SUBSECTION. 34. Carry out duties relating to the 5 17 issuance of hunting, fishing, and fur harvesting licenses as 5 18 provided in sections 483A.10, 483A.12, 483A.13, 483A.14, 5 19 483A.15, and 483A.22. 5 20 NEW SUBSECTION. 35. Issue migratory waterfowl stamps as 5 21 provided in chapter 484A. 5 22 NEW SUBSECTION. 36. Issue snowmobile registrations as 5 23 provided in sections 321G.4, 321G.6, and 321G.21. 5 24 Sec. 19. Section 331.602, subsections 9, 10, 11, 16, and 5 25 35, Code Supplement 1995, are amended by striking the 5 26 subsections. 5 27 Sec. 20. Section 331.605B, Code 1995, is amended to read 5 28 as follows: 5 29 331.605B FEES COLLECTED &endash; AUDIT. 5 30 Therecorderauditor shall make available any information 5 31 required by thecounty orstate auditor concerning the fees 5 32 collected under section 331.605A for the purposes of 5 33 determining the amount of fees collected and the uses for 5 34 which such fees are expended. 5 35 Sec. 21. Section 331.611, subsection 1, as enacted by 1995 6 1 Iowa Acts, chapter 124, section 12, is amended to read as 6 2 follows: 6 3 1. Therecorderauditor shall be the county registrar and 6 4 carry out duties as provided in chapter 144. 6 5 Sec. 22. Section 331.902, subsections 1 and 3, Code 1995, 6 6 are amended to read as follows: 6 7 1. Unless otherwise specifically provided by statute, the 6 8 fees and other charges collected by the auditor, treasurer, 6 9recorder,and sheriff, and their deputies or employees, belong 6 10 to the county. 6 11 3. Each elective officer specified in subsection 1 shall 6 12 make a quarterly report to the board showing, by type, the 6 13 fees collected during the preceding quarter. The officer 6 14 shall pay at least quarterly to the county treasury the fees 6 15 and charges collected, receive duplicate receipts for the 6 16 payment, and file one of the receipts in the office of the 6 17 auditor, except for the county auditor's transfer fees, which 6 18 shall be paid directly to the county treasurerby the county6 19recorder. The officer shall note in the officer's fee book 6 20 the date and amount of each payment into the county treasury. 6 21 This subsection does not apply to the county treasurer if the 6 22 county treasurer credits the fees daily to the county treasury 6 23 and reports the receipts on the monthly report to the auditor 6 24 and the board of supervisors. 6 25 Sec. 23. Section 331.903, subsection 1, Code 1995, is 6 26 amended to read as follows: 6 27 1. The auditor, treasurer,recorder,sheriff, and county 6 28 attorney may each appoint, with approval of the board, one or 6 29 more deputies, assistants, or clerks for whose acts the 6 30 principal officer is responsible. The number of deputies, 6 31 assistants, and clerks for each office shall be determined by 6 32 the board and the number and approval of each appointment 6 33 shall be adopted by a resolution recorded in the minutes of 6 34 the board. 6 35 Sec. 24. Section 331.904, subsection 1, Code 1995, is 7 1 amended to read as follows: 7 2 1. The annual salary of the first and second deputy 7 3 officer of theofficeoffices of auditor,and treasurer,and7 4recorder,and the deputy in charge of the motor vehicle 7 5 registration and title division shall each be an amount not to 7 6 exceed eighty percent of the annual salary of the deputy's 7 7 principal officer. In offices where more than two deputies 7 8 are required, each additional deputy shall be paid an amount 7 9 not to exceed seventy-five percent of the principal officer's 7 10 salary. The amount of the annual salary of each deputy shall 7 11 be certified by the principal officer to the board and, if a 7 12 deputy's salary does not exceed the limitations specified in 7 13 this subsection, the board shall certify the salary to the 7 14 auditor. The board shall not certify a deputy's salary which 7 15 exceeds the limitations of this subsection. 7 16 Sec. 25. Section 331.905, subsection 1, paragraph b, Code 7 17 1995, is amended to read as follows: 7 18 b. One member shall be appointed by each of the following 7 19 county officers: the county auditor, county attorney,county7 20recorder,county treasurer, and county sheriff. 7 21 Sec. 26. Section 331.907, subsection 1, Code 1995, is 7 22 amended to read as follows: 7 23 1. The annual compensation of the auditor, treasurer, 7 24recorder,sheriff, county attorney, and supervisors shall be 7 25 determined as provided in this section. The county compen- 7 26 sation board annually shall review the compensation paid to 7 27 comparable officers in other counties of this state, other 7 28 states, private enterprise, and the federal government. In 7 29 setting the salary of the county sheriff, the county 7 30 compensation board shall consider setting the sheriff's salary 7 31 so that it is comparable to salaries paid to professional law 7 32 enforcement administrators and command officers of the Iowa 7 33 highway safety patrol, the division of criminal investigation 7 34 of the department of public safety, and city police agencies 7 35 in this state. The county compensation board shall prepare a 8 1 compensation schedule for the elective county officers for the 8 2 succeeding fiscal year. A recommended compensation schedule 8 3 requires a majority vote of the membership of the county 8 4 compensation board. 8 5 Sec. 27. Section 354.2, subsections 4 and 11, Code 1995, 8 6 are amended to read as follows: 8 7 4. "Conveyance" means an instrument filed with arecorder8 8 auditor as evidence of the transfer of title to land, 8 9 including any form of deed or contract. 8 10 11. "Official plat" means either an auditor's plat or a 8 11 subdivision plat that meets the requirements of this chapter 8 12 and has been filed for record in the offices of therecorder,8 13 auditor,and assessor. 8 14 Sec. 28. Section 354.9, subsection 1, Code 1995, is 8 15 amended to read as follows: 8 16 1. If a city, which has adopted ordinances regulating the 8 17 division of land, desires to review subdivisions outside the 8 18 city's boundaries, then the city shall establish by ordinance 8 19 specifically referring to the authority of this section, the 8 20 area subject to the city's review and approval. The area of 8 21 review may be identified by individual tracts, by describing 8 22 the boundaries of the area, or by including all land within a 8 23 certain distance of the city's boundaries, which shall not 8 24 extend more than two miles distance from the city's 8 25 boundaries. The ordinance establishing the area of review or 8 26 modifying the area of review by a city, shall be recordedin8 27the office of the recorderand filed with the county auditor. 8 28 Sec. 29. Section 354.18, Code 1995, is amended to read as 8 29 follows: 8 30 354.18 RECORDING OF PLATS. 8 31 A plat of survey prepared pursuant to this chapter and a 8 32 subdivision plat, with attachments, shall be recorded and 8 33 filed in the office of the countyrecorderauditor, and an 8 34 exact copy of the plat shall be filed in theofficesoffice of 8 35 the countyauditor andassessor. A replat of any part of an 9 1 official plat pursuant to section 354.25, or a recorded 9 2 subdivision plat of any part of an existing official plat 9 3 shall supersede that part of the original official plat, 9 4 including unused public utility easements. 9 5 Therecorderauditor shall examine each plat of survey and 9 6 subdivision plat to determine whether the plat is clearly 9 7 legible and whether the approval by the applicable governing 9 8 body and the other attachments required by this chapter are 9 9 presented with the plat. Therecorderauditor shall also keep 9 10 a reproducible copy of the plat from which legible copies can 9 11 be made. Therecorderauditor may specify the material and 9 12 the size of the plat, not less than eight and one-half inches 9 13 by eleven inches, that will be accepted for recording in order 9 14 to comply with this section. Therecorderauditor shall not 9 15 record a subdivision plat that violates this chapter. 9 16 Sec. 30. Section 354.23, unnumbered paragraph 2, Code 9 17 1995, is amended to read as follows: 9 18 The city or county shall vacate by resolution following a 9 19 public hearing or by ordinance and the vacating instrument 9 20 shall be recorded. The city or county may convey the vacated 9 21 property by deed or may convey the property to adjoining 9 22 proprietors through the vacation instrument. If the vacating 9 23 instrument is used to convey property then the instrument 9 24 shall include a list of adjoining proprietors to whom the 9 25 vacated property is being conveyed along with the 9 26 corresponding description of each parcel being conveyed. A 9 27 recorded vacation instrument which conforms to this section is 9 28 equivalent to a deed of conveyance and the instrument shall be 9 29 filed and indexed as a conveyance by therecorder andauditor. 9 30 Sec. 31. Section 354.26, Code 1995, is amended to read as 9 31 follows: 9 32 354.26 CORRECTIONS OR CHANGES TO PLATS. 9 33 A vacation, correction, or replatting as provided for in 9 34 this chapter, shall be recorded and an exact copy shall be 9 35 filed with the auditor and assessor. If a governing body 10 1 changes the addresses or street names shown on an official 10 2 plat, notice of the change shall note the name or other 10 3 designation of each official plat affected and shall be filed 10 4 with therecorder,auditor,and assessor. Therecorder10 5 auditor shall note the vacation, correction, or replatting on 10 6 the margin of the official plat or upon an attachment to the 10 7 official plat for that purpose.The auditor shall make the10 8proper changes on the plats required to be kept by the10 9auditor.10 10 Sec. 32. Section 357B.7, Code 1995, is amended to read as 10 11 follows: 10 12 357B.7 EXCHANGE OF TERRITORY. 10 13 The trustees of a benefited fire district may exchange 10 14 territory with the trustees of a township to provide fire 10 15 protection services by agreement. The agreement shall provide 10 16 for the satisfaction of any outstanding obligation to which 10 17 the affected territory is subject, the disposition of property 10 18 affected by the exchange, the effective date of the exchange, 10 19 and any other matter deemed necessary to carry out the 10 20 exchange. The agreement shall be filed with the county 10 21recorder andauditor of each county in which the exchanged 10 22 property is located. 10 23 Sec. 33. Section 359A.12, Code 1995, is amended to read as 10 24 follows: 10 25 359A.12 DIVISION BY AGREEMENT &endash; RECORD. 10 26 The several owners may, in writing, agree upon the portion 10 27 of partition fences between their lands which shall be erected 10 28 and maintained by each, which writing shall describe the lands 10 29 and the parts of the fences so assigned, be signed and 10 30 acknowledged by them, and filed and recorded in the office of 10 31 therecorder of deedscounty auditor of the county or counties 10 32 in which they are situated. 10 33 Sec. 34. Section 359A.13, Code 1995, is amended to read as 10 34 follows: 10 35 359A.13 ORDERS AND AGREEMENTS &endash; EFFECT. 11 1 Any order made by the fence viewers, or any agreement in 11 2 writing between adjoining landowners, when recorded in the 11 3 office of therecorder of deedscounty auditor, as in this 11 4 chapter provided, shall bind the makers, their heirs, and 11 5 subsequent grantees. 11 6 Sec. 35. Section 359A.14, Code 1995, is amended to read as 11 7 follows: 11 8 359A.14 LANDS IN DIFFERENT TOWNSHIPS. 11 9 When the adjoining lands are situated in different 11 10 townships in the same or different counties, the clerk of the 11 11 township of the owner making the application shall select two 11 12 trustees of the clerk's township as fence viewers, and the 11 13 clerk of the other township one from that clerk's township, 11 14 who shall possess, in such case, all the powers given to fence 11 15 viewers in this chapter, but all orders, notices, and 11 16 valuations and taxation of costs made by them must be recorded 11 17 in both townships and in the office of therecorder of deeds11 18 county auditor of each county. 11 19 Sec. 36. Section 359A.24, Code 1995, is amended to read as 11 20 follows: 11 21 359A.24 CERTIFICATION OF DECREE. 11 22 Upon the final determination ofsaidthe appeal the clerk 11 23 of the district court shall certify to therecorder of deeds11 24 county auditor the fact that a judgment has been entered upon 11 25suchthe appeal, with the book and page ofsuchthe judgment, 11 26 and therecorderauditor shallthereuponenter on the 11 27recorder'sauditor's record a notation that a judgment on 11 28 appeal has been entered and that thesamejudgment may be 11 29 found in the office of the clerk of the district court, in the 11 30 book and page designated insaidthe certificate. 11 31 Sec. 37. Section 359A.25, Code 1995, is amended to read as 11 32 follows: 11 33 359A.25 RECORD KEPT &endash; FEES OF CLERK. 11 34 The township clerk shall enter all matters herein required 11 35 to be made of record in the clerk's record book, and shall 12 1 receive ten cents for each one hundred words in entering of 12 2 record and making certified copies of the matters herein 12 3 provided for, and twenty-five cents additional for the clerk's 12 4 certificate thereto when required, and shall also receive the 12 5 costs of recording in the office of therecorder of deeds12 6 county auditor of any instrument required to be so recorded. 12 7 Sec. 38. Section 455B.134, subsection 3, paragraph f, 12 8 subparagraph (2), Code Supplement 1995, is amended to read as 12 9 follows: 12 10 (2) A person may build or expand an anaerobic lagoon or an 12 11 earthen waste slurry storage basin closer to a residence not 12 12 owned by the owner of the anaerobic lagoon or to a public use 12 13 area than is otherwise permitted by subparagraph (1) of this 12 14 paragraph, if the affected landowners enter into a written 12 15 agreement with the anaerobic lagoon owner to waive the 12 16 separation distances under such terms the parties negotiate. 12 17 The written agreement becomes effective only upon recording in 12 18 the office of therecorder of deedscounty auditor of the 12 19 county in which the residence is located. 12 20 Sec. 39. Section 491.13, unnumbered paragraph 2, Code 12 21 1995, is amended to read as follows: 12 22 When a corporation changes its principal place of business 12 23 from one county to another, an amendment for this purpose 12 24 shall be filed with the secretary of state, recorded in the 12 25 office of therecorder of deedscounty auditor of the county 12 26 of the previous place of business, and thensaidthe amendment 12 27 together with the articles of incorporation and all amendments 12 28 thereto shall be filed with therecorder of deedscounty 12 29 auditor of the county to which said corporation's principal 12 30 place of business is changed. 12 31 Sec. 40. Section 507C.13, subsection 1, Code 1995, is 12 32 amended to read as follows: 12 33 1. An order to rehabilitate the business of a domestic 12 34 insurer or an alien insurer domiciled in this state shall 12 35 appoint the commissioner as the rehabilitator. The order 13 1 shall direct the rehabilitator to take possession of the 13 2 assets of the insurer, and to administer them under the 13 3 general supervision of the court. The filing or recording of 13 4 the order with the clerk of the district court orrecorder of13 5deedscounty auditor of the county in which the principal 13 6 business of the insurer is conducted, or the county in which 13 7 its principal office or place of business is located, is the 13 8 same notice as a deed, bill of sale, or other evidence of 13 9 title duly filed or recorded with thatrecorder of deeds13 10 county auditor. The order to rehabilitate the insurer shall 13 11 vest title to all assets of the insurer in the rehabilitator. 13 12 Sec. 41. Section 507C.18, subsection 1, Code 1995, is 13 13 amended to read as follows: 13 14 1. An order to liquidate the business of a domestic 13 15 insurer shall appoint the commissioner as liquidator and shall 13 16 direct the liquidator to immediately take possession of the 13 17 assets of the insurer and to administer them under the general 13 18 supervision of the court. The liquidator is vested with the 13 19 title to the property, contracts, and rights of action and the 13 20 books and records of the insurer ordered liquidated, wherever 13 21 located, as of the entry of the final order of liquidation. 13 22 The filing or recording of the order with the clerk of the 13 23 court and therecorder of deedscounty auditor of the county 13 24 in which its principal office or place of business is located, 13 25 or, in the case of real estate with therecorder of deeds13 26 county auditor of the county where the property is located, is 13 27 notice as a deed, bill of sale, or other evidence of title 13 28 duly filed or recorded with therecorder of deedscounty 13 29 auditor. 13 30 Sec. 42. Section 507C.21, subsection 1, paragraph q, Code 13 31 1995, is amended to read as follows: 13 32 q. File necessary documents for record in the office of a 13 33recorder of deeds or record officecounty auditor of a county 13 34 in this state or elsewhere where property of the insurer is 13 35 located. 14 1 Sec. 43. Section 507C.27, subsection 1, Code 1995, is 14 2 amended to read as follows: 14 3 1. After a petition for rehabilitation or liquidation has 14 4 been filed a transfer of real property of the insurer made to 14 5 a person acting in good faith is valid against the receiver if 14 6 made for a present fair equivalent value. If the transfer was 14 7 not made for a present fair equivalent value, then the 14 8 transfer is valid to the extent of the present consideration 14 9 actually paid for which amount the transferee shall have a 14 10 lien on the property transferred. The commencement of a 14 11 proceeding in rehabilitation or liquidation is constructive 14 12 notice upon the recording of a copy of the petition for or 14 13 order of rehabilitation or liquidation with therecorder of14 14deedscounty auditor in the county where any real property in 14 15 question is located. The exercise by a court of the United 14 16 States or a state or jurisdiction to authorize a judicial sale 14 17 of real property of the insurer within a county in a state 14 18 shall not be impaired by the pendency of a proceeding unless 14 19 the copy is recorded in the county prior to the consummation 14 20 of the judicial sale. 14 21 Sec. 44. Section 507C.50, subsection 3, Code 1995, is 14 22 amended to read as follows: 14 23 3. The court may issue the order in whatever terms it 14 24 deems appropriate. The filing or recording of the order with 14 25 the clerk of court or therecorder of deedscounty auditor of 14 26 the county in which the principal business of the company is 14 27 located or the county in which its principal office or place 14 28 of business is located is the same notice as a deed, bill of 14 29 sale, or other evidence of title duly filed or recorded with 14 30 thatrecorder of deedscounty auditor. 14 31 Sec. 45. Section 507C.51, subsection 3, Code 1995, is 14 32 amended to read as follows: 14 33 3. If it appears to the court that the best interests of 14 34 creditors, policyholders, and the public require, the court 14 35 may issue an order to liquidate in whatever terms it deems 15 1 appropriate. The filing or recording of the order with the 15 2 clerk of the court or therecorder of deedscounty auditor of 15 3 the county in which the principal business of the company is 15 4 located or the county in which its principal office or place 15 5 of business is located, is same notice as a deed, bill of 15 6 sale, or other evidence of title duly filed or recorded with 15 7 thatrecorder of deedscounty auditor. 15 8 Sec. 46. Section 507C.53, subsection 2, Code 1995, is 15 9 amended to read as follows: 15 10 2. The court may issue an order appointing an ancillary 15 11 receiver in whatever terms it deems appropriate. The filing 15 12 or recording of the order with therecorder of deedscounty 15 13 auditor in this state is the same notice as a deed, bill of 15 14 sale, or other evidence of title duly filed or recorded with 15 15 thatrecorder of deedscounty auditor. 15 16 Sec. 47. Section 523A.22, subsection 2, paragraph a, Code 15 17 Supplement 1995, is amended to read as follows: 15 18 a. An order to liquidate the business of a funeral 15 19 establishment shall appoint the commissioner as liquidator and 15 20 shall direct the liquidator to immediately take possession of 15 21 the assets of the funeral establishment and to administer them 15 22 under the general supervision of the court. The liquidator is 15 23 vested with the title to the property, contracts, and rights 15 24 of action and the books and records of the funeral 15 25 establishment ordered liquidated, wherever located, as of the 15 26 entry of the final order of liquidation. The filing or 15 27 recording of the order with the clerk of court and the 15 28recorder of deedscounty auditor of the county in which its 15 29 principal office or place of business is located, or, in the 15 30 case of real estate with therecorder of deedscounty auditor 15 31 of the county where the property is located, is notice as a 15 32 deed, bill of sale, or other evidence of title duly filed or 15 33 recorded with therecorder of deedscounty auditor. 15 34 Sec. 48. Section 523A.22, subsection 3, paragraph a, 15 35 subparagraph (17), Code Supplement 1995, is amended to read as 16 1 follows: 16 2 (17) File necessary documents for recording in the office 16 3 of arecorder of deeds or record officecounty auditor of the 16 4 county in this stateor elsewherewhere property of the 16 5 funeral establishment is located. 16 6 Sec. 49. Section 523A.22, subsection 8, paragraph a, Code 16 7 Supplement 1995, is amended to read as follows: 16 8 a. After a petition for liquidation has been filed a 16 9 transfer of real property of the funeral establishment made to 16 10 a person acting in good faith is valid against the liquidator 16 11 if made for a present fair equivalent value. If the transfer 16 12 was not made for a present fair equivalent value, then the 16 13 transfer is valid to the extent of the present consideration 16 14 actually paid for which amount the transferee shall have a 16 15 lien on the property transferred. The commencement of a 16 16 proceeding in liquidation is constructive notice upon the 16 17 recording of a copy of the petition for or order of 16 18 liquidation with therecorder of deeds incounty auditor of 16 19 the county where any real property in question is located. 16 20 The exercise by a court of the United States or a state or 16 21 jurisdiction to authorize a judicial sale of real property of 16 22 the funeral establishment within a county in a state shall not 16 23 be impaired by the pendency of a proceeding unless the copy is 16 24 recorded in the county prior to the consummation of the 16 25 judicial sale. 16 26 Sec. 50. Section 523I.5, subsection 2, paragraph a, Code 16 27 Supplement 1995, is amended to read as follows: 16 28 a. An order to liquidate the business of a perpetual care 16 29 cemetery shall appoint the commissioner as liquidator and 16 30 shall direct the liquidator to immediately take possession of 16 31 the assets of the cemetery and to administer them under the 16 32 general supervision of the court. The liquidator is vested 16 33 with the title to the property, contracts, and rights of 16 34 action and the books and records of the cemetery ordered 16 35 liquidated, wherever located, as of the entry of the final 17 1 order of liquidation. The filing or recording of the order 17 2 with the clerk of court and therecorder of deedscounty 17 3 auditor of the county in which its principal office or place 17 4 of business is located, or, in the case of real estate with 17 5 therecorder of deedscounty auditor of the county where the 17 6 property is located, is notice as a deed, bill of sale, or 17 7 other evidence of title duly filed or recorded with the 17 8recorder of deedscounty auditor. 17 9 Sec. 51. Section 523I.5, subsection 3, paragraph a, 17 10 subparagraph (17), Code Supplement 1995, is amended to read as 17 11 follows: 17 12 (17) File necessary documents for recording in the office 17 13 of arecorder of deeds or record officecounty auditor of a 17 14 county in this stateor elsewherewhere property of the 17 15 cemetery is located. 17 16 Sec. 52. Section 523I.5, subsection 8, paragraph a, Code 17 17 Supplement 1995, is amended to read as follows: 17 18 a. After a petition for liquidation has been filed a 17 19 transfer of real property of the cemetery made to a person 17 20 acting in good faith is valid against the receiver if made for 17 21 a present fair equivalent value. If the transfer was not made 17 22 for a present fair equivalent value, then the transfer is 17 23 valid to the extent of the present consideration actually paid 17 24 for which amount the transferee shall have a lien on the 17 25 property transferred. The commencement of a proceeding in 17 26 liquidation is constructive notice upon the recording of a 17 27 copy of the petition for or order of liquidation with the 17 28recorder of deedscounty auditor in the county where any real 17 29 property in question is located. The exercise by a court of 17 30 the United States or a state or jurisdiction to authorize a 17 31 judicial sale of real property of the cemetery within a county 17 32 in a state shall not be impaired by the pendency of a 17 33 proceeding unless the copy is recorded in the county prior to 17 34 the consummation of the judicial sale. 17 35 Sec. 53. Section 543C.2, subsection 10, Code 1995, is 18 1 amended to read as follows: 18 2 10. The subdivider, if a corporation, must register to do 18 3 business in the state of Iowa as a foreign corporation with 18 4 the secretary of state and furnish a copy of the certificate 18 5 of authority to do business in the state of Iowa. If not a 18 6 corporation, the subdivider must comply with the provisions of 18 7 chapter 547, by filing a proper trade name with the Polk 18 8 countyrecorderauditor. The provisions of this subsection 18 9 shall also apply to any person, partnership, firm, company, 18 10 corporation, or association, other than the subdivider, which 18 11 is engaged by or through the subdivider for the purpose of 18 12 advertising or selling the land involved in the filing. 18 13 Sec. 54. Section 558.1A, Code 1995, is amended to read as 18 14 follows: 18 15 558.1A DEFINITION. 18 16 As used in this chapter, unless the context otherwise 18 17 requires, "list", "book", "record", or "schedule" kept by a 18 18 county auditor, assessor, treasurer,recorder,or other county 18 19 officer means the county system as defined in section 445.1. 18 20 Sec. 55. Section 558.11, Code 1995, is amended to read as 18 21 follows: 18 22 558.11 RECORD &endash; CONSTRUCTIVE NOTICE. 18 23 The evidence of title shall be filed with therecorder of18 24deedsauditor of the county in which the real estate is 18 25 situated, who shall record the same, and place an abstract 18 26 thereof upon the index of deeds. The recording thereof shall 18 27 be constructive notice to all persons, as provided in other 18 28 cases of entries upon said index, and therecordercounty 18 29 auditor shall receive the same fees therefor as for recording 18 30 other instruments. 18 31 Sec. 56. Section 558.57, Code 1995, is amended to read as 18 32 follows: 18 33 558.57 ENTRY ON AUDITOR'S TRANSFER BOOKS. 18 34 Therecorderauditor shall not record any deed or other 18 35 instrument unconditionally conveying real estate until the 19 1 proper entries have been made upon the transfer booksin the19 2auditor's office, and endorsement made upon the deed or other 19 3 instrument properly dated and officially signed, in 19 4 substantially the following form: 19 5 Entered upon transfer books and for taxation this ... day 19 6 of ....., 19... My fee $....collected by recorder.19 7 .................... 19 8 Auditor. 19 9 Sec. 57. Section 558.58, subsection 1, Code 1995, is 19 10 amended to read as follows: 19 11 1. At the time of filing a deed or other instrument 19 12 mentioned in section 558.57, therecorderauditor shall 19 13 collect from the person filing the deed or instrument the 19 14 recording fee provided by law and the auditor's transfer fee, 19 15 except as provided in subsection 2. Therecorderauditor 19 16 shalldeliver the deed or instrument to the county auditor,19 17after endorsingendorse upon the instrument the following: 19 18 Filed for record,and indexed, and delivered to the county19 19auditorthis ... day of ......, 19.., at .... o'clock .. M. 19 20Recorder's and auditor's feeAuditor's 19 21 fees $....... paid. 19 22 .................... 19 23RecorderAuditor. 19 24 Sec. 58. Section 567.9, subsection 3, Code 1995, is 19 25 amended to read as follows: 19 26 3. The attorney general shall file a notice of the 19 27 pendency of the action with therecorder of deedscounty 19 28 auditor of each county in which any of the land is located. 19 29 If the court finds that the land in question has been acquired 19 30 or held in violation of this chapter or the required 19 31 registration has not been timely filed, it shall enter an 19 32 order so declaring and shall file a copy of the order with the 19 33recorder of deedscounty auditor of each county in which any 19 34 portion of the land is located. 19 35 Sec. 59. Section 589.26, Code 1995, is amended to read as 20 1 follows: 20 2 589.26 LAND TRANSFERS BY THE DEPARTMENT OF HUMAN SERVICES 20 3 LEGALIZED. 20 4 Every deed, release or other instrument in writing 20 5 purporting to transfer any interest in land held or claimed by 20 6 the department of human services or a predecessor agency, 20 7 which is signed by a departmental official, and which was 20 8 filed of record more than ten years earlier, in the office of 20 9 the auditoror recorderor clerk of the district court of any 20 10 county is legalized and shall be good and valid in law and in 20 11 equity as fully as if the record expressly showed that it in 20 12 all respects complied with and was fully authorized as 20 13 provided in any statute pertaining tosuchthe instrument, any 20 14 other provision of law to the contrary notwithstanding. 20 15 Sec. 60. Section 589.30, Code 1995, is amended to read as 20 16 follows: 20 17 589.30 ESTABLISHMENT OF ANCIENT COUNTY ROADS. 20 18 Effective January 1, 1993, the establishment of a county 20 19 road pursuant to proceedings by a board of supervisors, in 20 20 which the proceedings, plans, or plats were on file or 20 21 recorded with the county auditor or county recorder prior to 20 22 January 1, 1920, are not ineffectual because of the failure of 20 23 the board of supervisors to comply with any of the steps 20 24 necessary for the establishment of the road, and these 20 25 proceedings are legalized and valid as if the record showed 20 26 that the law had been complied with, unless the adjacent 20 27 property owner, or an attorney, agent, guardian, conservator, 20 28 trustee, or parent of a minor adjacent property owner, files 20 29 in the office of the countyrecorderauditor in the county 20 30 where the property is located, a statement in writing, which 20 31 is duly acknowledged, and which specifically describes the 20 32 property involved, the nature and extent of the right of the 20 33 interest claimed, and the nature of the alleged failure to 20 34 comply with any of the steps necessary for the establishment 20 35 of the road, on or before December 31, 1992. 21 1 Sec. 61. Section 598.21, subsection 11, unnumbered 21 2 paragraph 1, Code Supplement 1995, is amended to read as 21 3 follows: 21 4 If the court orders a transfer of title to real property, 21 5 the clerk of court shall issue a certificate under chapter 558 21 6 relative to each parcel of real estate affected by the order 21 7 and immediately deliver the certificate for recording to the 21 8 countyrecorderauditor of the county in which the real estate 21 9 is located. Any fees assessed shall be included as part of 21 10 the court costs.The county recorder shall deliver the21 11certificates to the county auditor as provided in section21 12558.58, subsection 1.21 13 Sec. 62. Section 614.17, unnumbered paragraph 3, Code 21 14 1995, is amended to read as follows: 21 15 For the purposes of this section and section 614.17A, such 21 16 possession of real estate may be shown of record by affidavits 21 17 showing the possession, and when the affidavits have been 21 18 filed and recorded, it is the duty of therecorderauditor to 21 19 enter upon the margin of the record, a certificate to the 21 20 effect that the affidavits were filed by the owner in 21 21 possession, as named in the affidavits, or by the owner's 21 22 attorney in fact, as shown by the records and in like manner, 21 23 the affidavits may be filed and recorded where any action was 21 24 barred on any claim by this section as in force prior to July 21 25 1, 1991. 21 26 Sec. 63. Section 618.7, Code 1995, is amended to read as 21 27 follows: 21 28 618.7 SELECTION BY COUNTY OFFICERS. 21 29 The clerk of the district court, sheriff, auditor, and 21 30 treasurer, and recordershall designate the newspapers in 21 31 which the notices pertaining to their respective offices shall 21 32 be published and the board of supervisors shall designate the 21 33 newspapers in which all other county notices and proceedings, 21 34 not required to be published in the official county 21 35 newspapers, shall be published. 22 1 Sec. 64. Section 633.480, Code 1995, is amended to read as 22 2 follows: 22 3 633.480 CERTIFICATE TO COUNTYRECORDERAUDITOR FOR TAX 22 4 PURPOSES WITH ADMINISTRATION. 22 5 After discharge as provided in section 633.479, the clerk 22 6 shall certify under chapter 558 relative to each parcel of 22 7 real estate described in the final report of the personal 22 8 representative which has not been sold by the personal 22 9 representative, and deliver the certificate to the county 22 10recorderauditor of the county in which the real estate is 22 11 situated.The county recorder shall deliver the certificate22 12to the county auditor as provided in section 558.58.22 13 Sec. 65. Section 633.481, Code 1995, is amended to read as 22 14 follows: 22 15 633.481 CERTIFICATE TO COUNTYRECORDERAUDITOR FOR TAX 22 16 PURPOSES WITHOUT ADMINISTRATION. 22 17 When an inventory or report is filed under section 450.22, 22 18 without administration of the estate of the decedent, the 22 19 clerk shall issue and deliver to the countyrecorderauditor 22 20 of the county in which the real estate is situated a 22 21 certificate pertaining to each parcel of real estate described 22 22 in the inventory or report. Any fees for certificates or 22 23 recording fees required by this section or section 633.480 22 24 shall be assessed as costs of administration. The fee for 22 25 recording and indexing the instrument shall be as provided in 22 26 section 331.604.The county recorder shall deliver the22 27certificates to the county auditor as provided in section22 28558.58.22 29 Sec. 66. Section 674.14, Code 1995, is amended to read as 22 30 follows: 22 31 674.14 INDEXING IN REAL PROPERTY RECORD. 22 32 Thecounty recorder andcounty auditor of each county in 22 33 which the petitioner owns real property shall charge fees in 22 34 the amounts specified in sections 331.604 and 331.507, 22 35 subsection 2, paragraph "b", for indexing a change of name for 23 1 each parcel of real estate. 23 2 Sec. 67. REPLACE COUNTY RECORDER WITH COUNTY AUDITOR. 23 3 1. Sections 1.17, 6B.35, 6B.36, 6B.38, 6B.39, 6B.40, 23 4 10A.108, 16.91, 28A.8, 28A.15, 96.14, 96.16, 99A.5, 124C.4, 23 5 161A.18, 176.2, 176.5, 176A.15, 207.5, 262.16, 308.9, 321.251, 23 6 327G.77, 330A.7, 331.302, 331.603, 331.604, 331.605, 331.605A, 23 7 331.606, 331.607, 331.608, 331.609, 354.8, 354.11, 354.16, 23 8 354.24, 355.10, 355.11, 355.12, 358.32, 358.36, 359.15, 23 9 359.40, 359A.10, 368.2, 368.7, 368.8, 368.20, 380.11, 384.38, 23 10 386.3, 386.4, 403.6, 422.26, 424.11, 425.2, 425.3, 425.11, 23 11 425A.2, 427.5, 427.6, 428A.1, 428A.4, 428A.5, 428A.7, 428A.8, 23 12 448.16, 448.17, 450.81, 450B.6, 455B.275, 455B.302, 455B.392, 23 13 455B.396, 455B.431, 456B.12, 458A.10, 458A.22, 458A.24, 23 14 465C.9, 468.607, 468.612, 468.623, 468.624, 468.625, 468.626, 23 15 468.628, 478.15, 490.902, 490.1701, 499.47, 499A.1, 499B.3, 23 16 524.1311, 533.1, 533.21, 533.22, 542B.35, 547.1, 547.3, 23 17 554.9407, 554.11105, 554B.3, 557.22, 557.24, 557.26, 557C.3, 23 18 557C.4, 558.12, 558.13, 558.41, 558.44, 558.45, 558.49, 23 19 558.52, 558.53, 558.54, 558.55, 558.58, 558.59, 558.66, 23 20 558.69, 558A.2, 559.1, 559.6, 561.4, 564A.5, 575.1, 586.1, 23 21 589.3, 589.13, 589.23, 589.24, 591.3, 591.7, 592.3, 607A.9, 23 22 614.14, 614.17A, 614.18, 614.21, 614.22, 614.23, 614.24, 23 23 614.29, 614.35, 622.41, 622.44, 624.23, 633.146, 633.356, 23 24 633.497, 636.26, 654.18, 655.4, 655.5, 655A.3, 655A.6, 655A.7, 23 25 656.2, 656.5, 656.9, 657A.3, 657A.7, and 681.3, Code 1995, are 23 26 amended by striking the word "recorder" or "recorder's" where 23 27 it appears in those sections and inserting in lieu thereof the 23 28 word "auditor" or "auditor's", as applicable. 23 29 2. Sections 6B.3, 28E.8, 161A.7, 331.602, 346.27, 358C.8, 23 30 427.1, 448.3, 448.15, 450.7, 455B.133, 455B.165, 455B.474, 23 31 504A.100, 524.306, 524.1306, 524.1309, 524.1404, 524.1408, 23 32 524.1414, 524.1506, 524.1508, 554.9401, 602.8102, 633.704, and 23 33 654C.5, Code Supplement 1995, are amended by striking the word 23 34 "recorder" or "recorder's" as it appears in those sections and 23 35 inserting in lieu thereof the word "auditor" or "auditor's", 24 1 as applicable. 24 2 Sec. 68. REPLACE COUNTY RECORDER WITH COUNTY TREASURER. 24 3 1. Sections 321G.4, 321G.6, 321G.7, 321G.21, 321G.27, 24 4 462A.2, 462A.5, 462A.23, 462A.44, 462A.46, 462A.51, 462A.52, 24 5 462A.53, 462A.54, 462A.55, 462A.77, 462A.80, 462A.82, 462A.84, 24 6 483A.10, 483A.11, 483A.12, 483A.13, 483A.14, 483A.15, 483A.16, 24 7 and 483A.22, Code 1995, are amended by striking the word 24 8 "recorder" or "recorder's" where it appears in those sections 24 9 and inserting in lieu thereof the word "treasurer" or 24 10 "treasurer's", as applicable. 24 11 2. Section 462A.78, Code Supplement 1995, is amended by 24 12 striking the word "recorder" or "recorder's" where it appears 24 13 in the section and inserting in lieu thereof the word 24 14 "treasurer" or "treasurer's", as applicable. 24 15 Sec. 69. REPEALER. 24 16 1. Section 331.610, Code Supplement 1995, is repealed. 24 17 2. Section 331.601, Code 1995, as amended by 1995 Iowa 24 18 Acts, chapter 124, section 9, is repealed. 24 19 Sec. 70. EFFECTIVE DATES. 24 20 1. Section 1 and this section of this Act take effect on 24 21 July 1, 1996. 24 22 2. Section 4 of this Act takes effect on January 1, 1998. 24 23 3. The remaining sections of this Act take effect on 24 24 January 1, 1999. 24 25 EXPLANATION 24 26 This bill abolishes the office of county recorder as of 24 27 January 1, 1999, and transfers the powers and duties of the 24 28 office of county recorder to the office of county auditor 24 29 except those duties relating to the registration of vessels, 24 30 issuance of certain hunting, fishing, and fur harvesting 24 31 licenses, the issuance of waterfowl stamps, and the 24 32 registration of snowmobiles. The registration and licensing 24 33 duties of the county recorder are transferred to the office of 24 34 county treasurer. 24 35 The effective date for the transfer of powers and duties of 25 1 the county recorder coincides with the expiration of the terms 25 2 of office of incumbent county recorders in January 1999. The 25 3 county commissioner of elections will not include the office 25 4 of county recorder on the primary or general election ballot 25 5 in 1998. 25 6 Section 1 of this bill, which provides for the abolition of 25 7 the office of county recorder as of January 1, 1999, and 25 8 directs the county commissioner of elections to exclude the 25 9 office of county recorder from the primary and general 25 10 election ballots in 1998, takes effect on July 1, 1996. 25 11 Section 4 of this bill takes effect on January 1, 1998. The 25 12 remainder of this bill takes effect on January 1, 1999. 25 13 LSB 3031HH 76 25 14 tj/cf/24.1
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