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Senate File 372

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 372     
  1  2                                 
  1  3                             AN ACT 
  1  4 RELATING TO THE POWERS AND DUTIES OF THE COUNTY RECORDER 
  1  5    RELATING TO THE RECORDING AND KEEPING OF DOCUMENTS.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 6B.35, subsection 5, Code 2001, is
  1 10 amended to read as follows:
  1 11    5.  A written statement by the sheriff of all money
  1 12 received in payment of damages, from whom received, to whom
  1 13 paid, and the amount paid to each claimant and reference to
  1 14 the application for condemnation by book and page document
  1 15 reference or instrument number and the date the application
  1 16 was filed with the county recorder.
  1 17    Sec. 2.  Section 22.3, Code 2001, is amended to read as
  1 18 follows:
  1 19    22.3  SUPERVISION.
  1 20    Such examination and copying shall be done under the
  1 21 supervision of the lawful custodian of the records or the
  1 22 custodian's authorized deputy designee.  The lawful custodian
  1 23 may adopt and enforce reasonable rules regarding such the work
  1 24 and the protection of the records against damage or
  1 25 disorganization.  The lawful custodian shall provide a
  1 26 suitable place for such the work, but if it is impracticable
  1 27 to do such the work in the office of the lawful custodian, the
  1 28 person desiring to examine or copy shall pay any necessary
  1 29 expenses of providing a place for such the work.  All expenses
  1 30 of such the work shall be paid by the person desiring to
  1 31 examine or copy.  The lawful custodian may charge a reasonable
  1 32 fee for the services of the lawful custodian or the
  1 33 custodian's authorized deputy designee in supervising the
  1 34 records during such the work.  If copy equipment is available
  1 35 at the office of the lawful custodian of any public records,
  2  1 the lawful custodian shall provide any person a reasonable
  2  2 number of copies of any public record in the custody of the
  2  3 office upon the payment of a fee.  The fee for the copying
  2  4 service as determined by the lawful custodian shall not exceed
  2  5 the cost of providing the service.
  2  6    Sec. 3.  Section 96.14, subsection 3, unnumbered paragraphs
  2  7 3 and 4, Code 2001, are amended to read as follows:
  2  8    The county recorder of each county shall prepare and keep
  2  9 in the recorder's office a book to be known as "index of
  2 10 unemployment contribution liens", so ruled as an index to show
  2 11 in appropriate columns the following data, under the names of
  2 12 employers, arranged alphabetically:
  2 13    The recorder shall endorse on each notice of lien the day,
  2 14 hour, and minute when received and shall forthwith index said
  2 15 the notice in said the index book and shall forthwith record
  2 16 said the lien in the manner provided for recording real estate
  2 17 mortgages, and the said lien shall be effective from the time
  2 18 of the indexing thereof of the lien.
  2 19    Sec. 4.  Section 331.602, subsection 1, paragraph d, Code
  2 20 2001, is amended to read as follows:
  2 21    d.  An instrument conveying an interest in real property,
  2 22 other than a mortgage, a mortgage release, or an assignment,
  2 23 shall contain the statement "Address tax statement:" which
  2 24 shall be filled out with a the name of the taxpayer and a
  2 25 complete mailing address.  Each instrument conveying an
  2 26 interest in real property shall contain this statement unless
  2 27 otherwise authorized by the county recorder.
  2 28    Sec. 5.  Section 331.602, subsections 2 and 23, Code 2001,
  2 29 are amended to read as follows:
  2 30    2.  Rerecord an instrument without fee upon presentation of
  2 31 the original instrument by the owner if an error is made in
  2 32 recording the instrument.  The recorder shall also note in the
  2 33 margin of on the new record a reference to the original record
  2 34 and in the margin of on the original record a reference to the
  2 35 book and page of the new record.
  3  1    23.  Forward to the director of revenue and finance a
  3  2 certified copy of any deed, bill of sale or other transfer
  3  3 which shows that it is made or intended to take effect at or
  3  4 after the death of the person executing the instrument as
  3  5 provided in section 450.81.
  3  6    Sec. 6.  Section 331.603, subsection 3, Code 2001, is
  3  7 amended to read as follows:
  3  8    3.  The recorder may reproduce in miniature on a durable
  3  9 medium any instrument to be recorded.  When a recorded
  3 10 instrument involves a release or assignment, the separate
  3 11 instrument filed acknowledging the release or assignment shall
  3 12 be reproduced in miniature.  In lieu of marginal entries, the
  3 13 recorder shall make endorsements in red ink notations on both
  3 14 the index and the cross-index to the miniature instruments
  3 15 where the instruments were originally indexed record of the
  3 16 original instrument.  When an official record is produced in
  3 17 miniature, a security copy shall be reproduced at the same
  3 18 time and kept outside of the courthouse.
  3 19    Sec. 7.  Section 331.605A, unnumbered paragraph 1, Code
  3 20 2001, is amended to read as follows:
  3 21    The recorder shall also collect a fee of one dollar for
  3 22 each recorded transaction for which a fee is paid pursuant to
  3 23 section 331.604 to be used exclusively for the purpose of
  3 24 preserving and maintaining public records.  The treasurer, on
  3 25 behalf of the recorder, shall establish and maintain an
  3 26 interest-bearing account into which all moneys collected
  3 27 pursuant to this section shall be deposited.  The recorder
  3 28 shall use the moneys deposited in the account to produce and
  3 29 maintain public records that meet archival standards, and to
  3 30 enhance the technological storage, retrieval, and transmission
  3 31 capabilities related to archival quality records.  The
  3 32 recorder may cooperate with other entities, boards, and
  3 33 agencies to establish methods of records management, and
  3 34 participate in other joint ventures which further the purposes
  3 35 of this paragraph.
  4  1    Sec. 8.  Section 331.606, subsection 2, Code 2001, is
  4  2 amended to read as follows:
  4  3    2.  The recorder shall also note in the index book the
  4  4 exact time of the filing of each instrument.
  4  5    Sec. 9.  Section 331.607, subsections 1, 7, 8, 9, and 11,
  4  6 Code 2001, are amended to read as follows:
  4  7    1.  A record book for military discharges as provided in
  4  8 section 331.608.
  4  9    7.  Index and record books records for instruments
  4 10 affecting real estate as provided under chapter 558.
  4 11    8.  Homestead and index books An index and record of
  4 12 homesteads as provided in section 561.4.
  4 13    9.  A claimant's book in which index and record for the
  4 14 notices of title interests in land are indexed as provided in
  4 15 section 614.35.
  4 16    11.  Other books indexes and records as provided by law.
  4 17    Sec. 10.  Section 331.608, subsection 1, Code 2001, is
  4 18 amended to read as follows:
  4 19    1.  The recorder shall maintain a special book record in
  4 20 which, upon request, the discharge of a veteran shall be
  4 21 recorded without charge.  The discharge book shall be a
  4 22 uniform type, kind, and form approved by the commission of
  4 23 veterans affairs.
  4 24    Sec. 11.  Section 331.609, subsection 3, paragraph c, Code
  4 25 2001, is amended to read as follows:
  4 26    c.  If a refiled notice of federal lien referred to in
  4 27 paragraph "a" or any of the certificates or notices referred
  4 28 to in paragraph "b" is presented for recording with a
  4 29 recorder, the recorder shall permanently attach the refiled
  4 30 notice or the certificate to the original notice of lien and
  4 31 shall enter the refiled notice or the certificate with the
  4 32 date of recording in an alphabetical index and make a notation
  4 33 on the original record of a reference to the refiled notice or
  4 34 certificate.
  4 35    Sec. 12.  Section 354.1, subsection 3, Code 2001, is
  5  1 amended to read as follows:
  5  2    3.  To provide for statewide, uniform procedures and
  5  3 standards for the platting of land while allowing the widest
  5  4 possible latitude for cities and counties to establish and
  5  5 enforce ordinances regulating the division and use of land,
  5  6 within the scope of, but not limited to, chapters 331, 335,
  5  7 364, 414, and this chapter.  All documents presented for
  5  8 recording pursuant to this chapter shall comply with section
  5  9 331.602, subsection 1.
  5 10    Sec. 13.  Section 354.5, subsection 1, paragraph b, Code
  5 11 2001, is amended to read as follows:
  5 12    b.  The book and page document reference number of the
  5 13 recorded plat of survey.
  5 14    Sec. 14.  Section 354.5, subsection 2, paragraph b, Code
  5 15 2001, is amended to read as follows:
  5 16    b.  The book and page document reference number of the
  5 17 recorded acquisition plat.
  5 18    Sec. 15.  Section 354.24, Code 2001, is amended to read as
  5 19 follows:
  5 20    354.24  ERRORS ON RECORDED PLATS.
  5 21    If an error or omission in the data shown on a recorded
  5 22 plat is detected by subsequent examinations or revealed by
  5 23 retracing the lines shown on the plat, the original surveyor
  5 24 or two surveyors confirming the error through independent
  5 25 surveys shall record an affidavit confirming that the error or
  5 26 omission was made.  The affidavit shall describe the nature
  5 27 and extent of the error or omission and also describe the
  5 28 corrections or additions to be made to the plat and note the
  5 29 book and page a document reference number of the recorded
  5 30 plat.  The recorder shall write across that part note on the
  5 31 record of the plat so corrected the word "corrected", and note
  5 32 the book and page document reference number of the recorded
  5 33 affidavit.  A copy of the recorded affidavit shall be filed
  5 34 with the auditor and assessor.  The affidavit shall raise a
  5 35 presumption from the date of recording that the purported
  6  1 facts stated in the affidavit are true, and after the lapse of
  6  2 three years from the date of recording the presumption shall
  6  3 be conclusive.
  6  4    Sec. 16.  Section 354.26, Code 2001, is amended to read as
  6  5 follows:
  6  6    354.26  CORRECTIONS OR CHANGES TO PLATS.
  6  7    A vacation, correction, or replatting as provided for in
  6  8 this chapter, shall be recorded and an exact copy shall be
  6  9 filed with the auditor and assessor.  If a governing body
  6 10 changes the addresses or street names shown on an official
  6 11 plat, notice of the change shall note the name or other
  6 12 designation of each official plat affected and shall be filed
  6 13 with the recorder, auditor, and assessor.  The recorder shall
  6 14 note the vacation, correction, or replatting on the margin
  6 15 index and record of the official plat or upon an attachment to
  6 16 the official plat for that purpose.  The auditor shall make
  6 17 the proper changes on the plats required to be kept by the
  6 18 auditor.
  6 19    Sec. 17.  Section 380.11, Code 2001, is amended to read as
  6 20 follows:
  6 21    380.11  CERTAIN MEASURES RECORDED.
  6 22    Immediately after the effective date of a measure
  6 23 establishing any zoning district, building lines or fire
  6 24 limits, the city clerk shall certify the measure and a plat
  6 25 showing the district, lines or limits, to the recorder of any
  6 26 county which contains part of the city.  The county recorder
  6 27 shall index and record the measure and plat in the
  6 28 miscellaneous record or other book provided for special
  6 29 records, and shall index the record.  The city shall pay the
  6 30 recording fee.
  6 31    Sec. 18.  Section 422.26, unnumbered paragraphs 4 and 5,
  6 32 Code 2001, are amended to read as follows:
  6 33    The county recorder of each county shall prepare and keep
  6 34 in the recorder's office a book to be known as "index of
  6 35 income tax liens", so ruled as an index and record to show in
  7  1 appropriate columns the following data, under the names of
  7  2 taxpayers, arranged alphabetically:
  7  3    The recorder shall endorse on each notice of lien the day,
  7  4 hour, and minute when received and preserve the same, and
  7  5 shall forthwith index said the notice in said the index book
  7  6 and shall forthwith record said the lien in the manner
  7  7 provided for recording real estate mortgages, and the said
  7  8 lien shall be effective from the time of the indexing thereof
  7  9 of the lien.
  7 10    Sec. 19.  Section 428A.5, Code 2001, is amended to read as
  7 11 follows:
  7 12    428A.5  EVIDENCE OF PAYMENT.
  7 13    The amount of tax imposed by this chapter shall be paid to
  7 14 the county recorder in the county where the real property is
  7 15 located and the amount received and the initials of the county
  7 16 recorder shall appear on the face of the document or
  7 17 instrument.  The department of revenue and finance shall
  7 18 provide each county recorder with a device to be used by the
  7 19 recorder to evidence this information on the document or
  7 20 instrument.  The method of documentation of a transfer tax
  7 21 shall be approved by the department of revenue and finance.
  7 22    Sec. 20.  Section 437A.11, unnumbered paragraph 2, Code
  7 23 2001, is amended to read as follows:
  7 24    The county recorder of each county shall prepare and keep
  7 25 in the recorder's office a book to be known as the index of
  7 26 replacement tax liens, so ruled as an index and record to show
  7 27 in appropriate columns under the names of taxpayers arranged
  7 28 alphabetically, all of the following:
  7 29    Sec. 21.  Section 437A.22, unnumbered paragraph 3, Code
  7 30 2001, is amended to read as follows:
  7 31    The county recorder of each county shall prepare and keep
  7 32 in the recorder's office a book to be known as the index of
  7 33 statewide property tax liens, so ruled as an index and record
  7 34 to show in appropriate columns under the names of taxpayers
  7 35 arranged alphabetically, all of the following:
  8  1    Sec. 22.  Section 558.45, Code 2001, is amended to read as
  8  2 follows:
  8  3    558.45  NOTATION OF ASSIGNMENT OR RELEASE ON INDEX.
  8  4    Where any mortgage, contract, or other instrument
  8  5 constituting an encumbrance upon real estate shall be assigned
  8  6 or released by a separate instrument it shall be the duty of
  8  7 the recorder to make a notation in red ink on the index and
  8  8 cross-index where such the instrument was originally indexed,
  8  9 indicating the nature of such assignment or release and the
  8 10 book and page a document reference number of the record where
  8 11 the same is recorded.
  8 12    Sec. 23.  Section 558.49, unnumbered paragraph 1, Code
  8 13 2001, is amended to read as follows:
  8 14    The recorder must keep index books, the pages of which are
  8 15 so divided as records to show in parallel columns the
  8 16 following:
  8 17    Sec. 24.  Section 558.49, subsection 6, Code 2001, is
  8 18 amended to read as follows:
  8 19    6.  The book and page document reference number where the
  8 20 record thereof of the instrument may be found.
  8 21    Sec. 25.  Section 558.52, Code 2001, is amended to read as
  8 22 follows:
  8 23    558.52  ALPHABETICAL ARRANGEMENT.
  8 24    The entries in such book shall show the names of the
  8 25 respective grantors and grantees, arranged in alphabetical
  8 26 order.  When such the instrument is executed by a personal
  8 27 representative, guardian, referee, commissioner, receiver,
  8 28 sheriff, or other person acting in a representative capacity,
  8 29 the recorder shall enter upon the index book the name and
  8 30 representative capacity of each person executing the
  8 31 instrument and the owner of the property if disclosed therein
  8 32 in the instrument.
  8 33    Sec. 26.  Section 558.55, Code 2001, is amended to read as
  8 34 follows:
  8 35    558.55  FILING AND INDEXING – CONSTRUCTIVE NOTICE.
  9  1    The recorder must endorse upon every instrument properly
  9  2 filed for record in the recorder's office, the day, hour, and
  9  3 minute of such the filing, and forthwith enter in the index
  9  4 book the entries required to be made therein entered, except
  9  5 the book and page document reference number where the complete
  9  6 record will appear, and such the filing and indexing shall
  9  7 constitute constructive notice to all persons of the rights of
  9  8 the grantees conferred by such the instruments.
  9  9    Sec. 27.  Section 558.59, Code 2001, is amended to read as
  9 10 follows:
  9 11    558.59  FINAL RECORD.
  9 12    Every such instrument shall be recorded, as soon as
  9 13 practicable, in a suitable book to be kept by the recorder for
  9 14 that purpose; after which the recorder shall complete the
  9 15 entries aforesaid so as to show the book and page document
  9 16 reference number where the record is to be found.
  9 17    Sec. 28.  Section 566.35, subsection 2, Code 2001, is
  9 18 amended by striking the subsection.
  9 19    Sec. 29.  Section 639.53, Code 2001, is amended to read as
  9 20 follows:
  9 21    639.53  DESCRIPTION OF REAL ESTATE.
  9 22    Where real property is attached, the sheriff shall describe
  9 23 it with certainty to identify it, and, where the sheriff can
  9 24 do so, by a reference to the book and page document reference
  9 25 number where the deed under which the defendant holds is
  9 26 recorded.
  9 27    Sec. 30.  Section 655A.3, subsection 1, paragraph a, Code
  9 28 2001, is amended to read as follows:
  9 29    a.  Reasonably identify by a document reference number the
  9 30 mortgage and accurately describe the real estate covered.
  9 31    Sec. 31.  Section 655A.6, Code 2001, is amended to read as
  9 32 follows:
  9 33    655A.6  REJECTION OF NOTICE.
  9 34    If either the mortgagor, or successor in interest of record
  9 35 including a contract purchaser, within thirty days of service
 10  1 of the notice pursuant to section 655A.3, files with the
 10  2 recorder of the county where the mortgaged property is
 10  3 located, a rejection of the notice reasonably identifying by a
 10  4 document reference number the notice which is rejected
 10  5 together with proofs of service required under section 655A.4
 10  6 that the rejection has been served on the mortgagee, the
 10  7 notice served upon the mortgagor pursuant to section 655A.3 is
 10  8 of no force or effect.
 10  9    Sec. 32.  Section 656.2, subsection 1, paragraph a, Code
 10 10 2001, is amended to read as follows:
 10 11    a.  Reasonably identify the contract by a document
 10 12 reference number and accurately describe the real estate
 10 13 covered.
 10 14    Sec. 33.  Sections 558.50, 558.51, 558.53, and 558.54, Code
 10 15 2001, are repealed.  
 10 16 
 10 17 
 10 18                                                             
 10 19                               MARY E. KRAMER
 10 20                               President of the Senate
 10 21 
 10 22 
 10 23                                                             
 10 24                               BRENT SIEGRIST
 10 25                               Speaker of the House
 10 26 
 10 27    I hereby certify that this bill originated in the Senate and
 10 28 is known as Senate File 372, Seventy-ninth General Assembly.
 10 29 
 10 30 
 10 31                                                             
 10 32                               MICHAEL E. MARSHALL
 10 33                               Secretary of the Senate
 10 34 Approved                , 2001
 10 35 
 11  1 
 11  2                                
 11  3 THOMAS J. VILSACK
 11  4 Governor
     
Text: SF00371                           Text: SF00373
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