Text: SSB00143 Text: SSB00145 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 543E.1 ABSTRACT TITLE PLANT 1 2 BOARD OF EXAMINERS – DUTIES. 1 3 1. An abstract title plant board of examiners is created 1 4 within the professional licensing and regulation division of 1 5 the department of commerce. The board shall consist of five 1 6 members appointed by the governor, subject to confirmation by 1 7 the senate. Three of the members appointed shall be actively 1 8 engaged in the business of preparing abstracts of title to 1 9 real property or executing real property title searches. 1 10 Members of the board shall serve three-year staggered terms as 1 11 designated by the governor and appointments to the board are 1 12 subject to the requirements of sections 69.16, 69.16A, and 1 13 69.19. Vacancies shall be filled by the governor for the 1 14 duration of the unexpired term. Members of the abstract title 1 15 plant board of examiners are entitled to receive a per diem as 1 16 specified in section 7E.6 for each day spent in performance of 1 17 duties as members and shall be reimbursed for all actual and 1 18 necessary expenses incurred in the performance of duties as 1 19 members. Per diem and expenses shall be paid from the fees 1 20 collected as provided in this section. 1 21 2. The abstract title plant board of examiners shall 1 22 administer the provisions of this chapter in accordance with 1 23 rules adopted by the board pursuant to chapter 17A. Rules 1 24 proposed and adopted pursuant to this section shall do all of 1 25 the following: 1 26 a. Establish minimum requirements which must be met by an 1 27 applicant prior to the issuance of a certificate of 1 28 registration or a conditional certificate of registration. 1 29 b. Establish a reasonable fee to be paid by an applicant 1 30 for a certificate of registration or a conditional certificate 1 31 of registration sufficient to pay for the costs of 1 32 administration of this chapter. Fees collected pursuant to 1 33 this section shall not be deposited in the general fund of the 1 34 state, but shall remain under the control of the professional 1 35 licensing and regulation division and are appropriated to be 2 1 used solely for the administration of this chapter. 2 2 Sec. 2. NEW SECTION. 543E.2 CERTIFICATE OF REGISTRATION 2 3 – FEE ESTABLISHED. 2 4 1. A person shall not engage in the business of preparing 2 5 abstracts of title to real property or executing real property 2 6 title searches, unless the person has obtained an annual 2 7 certificate of registration from the abstract title plant 2 8 board of examiners. Upon application and payment of a fee 2 9 pursuant to rules adopted by the abstract title plant board of 2 10 examiners, the abstract title plant board of examiners shall 2 11 issue a certificate of registration to an applicant who 2 12 satisfies the requirements established in this chapter and the 2 13 rules adopted pursuant to this chapter. A certificate of 2 14 registration or a conditional certificate of registration 2 15 issued pursuant to this section shall expire on December 31 of 2 16 each year. 2 17 2. A person engaged in the business of preparing abstracts 2 18 of title to real property or executing real property title 2 19 searches in this state, and desiring to continue to engage in 2 20 such acts, is required to own or lease, and maintain, an up- 2 21 to-date abstract title plant for each county or that portion 2 22 of each county in which abstracts of title to real property or 2 23 real property title searches are prepared. The abstract title 2 24 plant shall commence not less than forty years prior to the 2 25 effective date of the certification and contain reference to 2 26 applicable public records affecting real property in the 2 27 office of the county recorder within the most recent thirty 2 28 days. 2 29 3. The abstract title plant shall consist of tract 2 30 indices, or a system, designated to include a geographical 2 31 area of no more than one block in the case of platted real 2 32 estate, and no more than one section in the case of unplatted 2 33 real estate. The abstract title plant shall also include 2 34 miscellaneous alphabetical name indices, or a system, 2 35 containing references to instruments, which affect real 3 1 property, that do not specifically describe the real property 3 2 affected. 3 3 4. If an abstract title plant of the county does not exist 3 4 or the owner of an abstract title plant who is registered 3 5 pursuant to this section refuses to provide real property 3 6 title evidence, the abstract title plant board of examiners 3 7 may grant a conditional certificate of registration to the 3 8 applicant subject to conditions deemed appropriate by the 3 9 abstract title plant board of examiners. The conditional 3 10 certificate of registration shall be granted for a period of 3 11 one year to permit the person to prepare abstracts of title 3 12 and real property title searches for the time period 3 13 consistent with the abstract title plant owned or leased by 3 14 the person. A person granted a conditional certificate of 3 15 registration shall comply with the provisions of subsection 2 3 16 within the one-year period or cease the activities for which 3 17 the certificate was granted. 3 18 Sec. 3. Section 546.10, subsection 1, Code 1997, is 3 19 amended by adding the following new paragraph: 3 20 NEW PARAGRAPH. f. The abstract title plant board of 3 21 examiners created pursuant to chapter 543E. 3 22 Sec. 4. INITIAL ABSTRACT TITLE PLANT BOARD OF EXAMINERS 3 23 APPOINTMENTS. The initial members of the abstract title plant 3 24 board of examiners shall be appointed to the following terms: 3 25 1. Two members shall be appointed for a term of three 3 26 years. 3 27 2. Two members shall be appointed for a term of two years. 3 28 3. One member shall be appointed for a term of one year. 3 29 Sec. 5. EFFECTIVE DATES. 3 30 1. Section 543E.1, as enacted in this Act, section 546.10, 3 31 subsection 1, paragraph "f", as enacted in this Act, and 3 32 section 4 of this Act take effect July 1, 1999. 3 33 2. Section 543E.2, as enacted in this Act, takes effect 3 34 January 1, 2001. 3 35 EXPLANATION 4 1 This bill creates the abstract title plant board of 4 2 examiners within the professional licensing and regulation 4 3 division of the department of commerce. The board is 4 4 authorized to issue a certificate of registration upon the 4 5 application of a person who engages in the business of 4 6 preparing abstracts of title to real property or real property 4 7 title searches. A person who prepares abstracts of title to 4 8 real property or real property title searches is required to 4 9 own or lease, and maintain, an up-to-date abstract title plant 4 10 for each county in which abstracts of title to real property, 4 11 real property title searches are prepared. The abstract title 4 12 plant board of examiners is to adopt rules for the 4 13 administration of this section. 4 14 The board is to establish a reasonable fee to be paid by 4 15 applicants for a certificate of registration or conditional 4 16 certificate of registration sufficient to pay for the costs of 4 17 administering the section. The fees are to remain under the 4 18 control of the professional licensing and regulation division 4 19 and are not to be deposited in the general fund. 4 20 The provision creating the abstract title plant board of 4 21 examiners takes effect July 1, 1999. The provisions requiring 4 22 certification take effect January 1, 2001. 4 23 LSB 2140SC 77 4 24 mj/jj/8
Text: SSB00143 Text: SSB00145 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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