Text: HSB00560 Text: HSB00562 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 554.9525, subsection 1, unnumbered 1 2 paragraph 1, Code Supplement 2001, is amended to read as 1 3 follows: 1 4 Except as otherwise provided insubsectionsubsections 3 1 5 and 4, fees for services rendered by the filing office under 1 6 this part must be set by rules adopted by the secretary of 1 7 state's office for services for that office. The rule must 1 8 set the fees for filing and indexing a record under this part 1 9 on the following basis: 1 10 Sec. 2. Section 554.9525, subsection 3, Code Supplement 1 11 2001, is amended to read as follows: 1 12 3. RESPONSE TO INFORMATION REQUEST. A rule adopted 1 13 pursuant to subsection 1 must set the fee for responding to a 1 14 request for information from the filing office, including for 1 15 communicating whether there is on file any financing statement 1 16 naming a particular debtor. However, if the filing office is 1 17 in the county, the board of supervisors for the county may 1 18 adopt an ordinance or resolution setting the fee for 1 19 responding to a request for the information. A fee for 1 20 responding to a request communicated in writing must be not 1 21 less than twice the amount of the fee for responding to a 1 22 request communicated by another medium authorized by the 1 23 office of secretary of state or the board of supervisors for 1 24 the filing office where its filing office is located. 1 25 Sec. 3. Section 554.9526, Code Supplement 2001, is amended 1 26 by adding the following new subsection: 1 27 NEW SUBSECTION. 3. An ordinance or resolution adopted by 1 28 a county board of supervisors pursuant to section 554.9525 1 29 shall prevail over a rule adopted by the secretary of state 1 30 pursuant to this section. 1 31 EXPLANATION 1 32 This bill amends provisions in Code chapter 554 and 1 33 specifically article 9 of that chapter regulating secured 1 34 transactions (sometimes referred to as "revised article 9") as 1 35 approved and recommended for enactment in all states by the 2 1 American law institute and the national conference of 2 2 commissioners on uniform state laws. In 2000, the general 2 3 assembly enacted House File 2513 (2000 Iowa Acts, chapter 2 4 1149) adopting revised article 9 together with miscellaneous 2 5 conforming amendments to articles within Code chapter 554 as 2 6 well as other Code chapters providing for security interests 2 7 and liens (effective July 1, 2001). 2 8 With limited exceptions, revised article 9 governs the 2 9 creation, priority, and enforcement of creditors' consensual 2 10 liens, which are defined to include security interests in 2 11 personal property. Revised article 9, like its predecessor, 2 12 provides generally for the effectiveness of security 2 13 agreements and the rights and duties of creditors (e.g., 2 14 secured parties). Much of article 9 provides for perfecting 2 15 security interests, usually accomplished by filing a financing 2 16 statement in the appropriate government office. According to 2 17 Code section 554.9501, the filing office is the office of 2 18 secretary of state or in some cases a designated county office 2 19 (e.g., the county recorders office). 2 20 According to Code sections 554.9525 and 554.9526, the 2 21 office of secretary of state must adopt rules to implement 2 22 revised article 9, including fees for services rendered by a 2 23 filing office. One of these services is to respond to a 2 24 request for information, including for communicating whether 2 25 there is on file any financing statement naming a particular 2 26 debtor. 2 27 The bill provides that if the filing office is in the 2 28 county, the board of supervisors for the county may adopt an 2 29 ordinance or resolution setting the fee for responding to a 2 30 request for the information. The ordinance or resolution 2 31 prevails over a rule adopted by the secretary of state. 2 32 Code section 331.427 provides that, unless otherwise 2 33 specified, county revenues from taxes and other sources for 2 34 general county services are credited to the general fund of 2 35 the county. 3 1 LSB 5863HC 79 3 2 da/cls/14
Text: HSB00560 Text: HSB00562 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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