Senate File 288 - Enrolled




                                             SENATE FILE 288

                             AN ACT
 RELATING TO COUNTY RECORDERS BY MAKING CHANGES TO FEES CHARGED
    BY THE COUNTY RECORDER, INFORMATION REQUIRED TO BE ENDORSED
    ON CERTAIN RECORDED DOCUMENTS AND INSTRUMENTS, AND STANDARDS
    FOR INDEXES MAINTAINED BY THE COUNTY RECORDER.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 10A.108, subsections 4 through 6, Code
 2009, are amended to read as follows:
    4.  The county recorder of each county shall prepare and
 maintain in the recorder's office an index of liens of debts
 established based upon benefits or provider payments
 inappropriately obtained from and owed the department of human
 services, which provides containing the applicable entries
 specified in sections 558.49 and 558.52, and providing
 appropriate columns for all of the following data, under the
 names of debtors, arranged alphabetically:
    a.  The name of the debtor.
    b.  "State of Iowa, Department of Human Services" as
 claimant.
    c.  The time that the notice of the lien was received filed
 for recording.
    d.  The date of notice.
    e.  The amount of the lien currently due.
    f.  The date of the assessment.
    g.  The date of satisfaction of the debt.
    h.  Any extension of the time period for application of the
 lien and the date that the notice for extension was filed.
    5.  The recorder shall endorse on each notice of lien the
 day and time received filed for recording and the document
 reference number, and shall preserve the notice.  The recorder
 shall index the notice and shall record the lien in the manner
 provided for recording real estate mortgages.  The lien shall
 be is effective from the time of the indexing.
    6.  The department shall pay, from moneys appropriated to
 the department for this purpose, a recording fee fees as
 provided in section 331.604, for the recording of the lien, or
 for satisfaction of the lien.
    Sec. 2.  Section 96.14, subsection 3, paragraphs c through
 e, Code 2009, are amended to read as follows:
    c.  The county recorder of each county shall prepare and
 keep in the recorder's office an index to show containing the
 applicable entries specified in sections 558.49 and 558.52 and
 showing the following data, under the names of employers,
 arranged alphabetically:
    (1)  The name of the employer.
    (2)  The name "State of Iowa" as claimant.
    (3)  Time notice of lien was received filed for recording.
    (4)  Date of notice.
    (5)  Amount of lien then due.
    (6)  When satisfied.
    d.  The recorder shall endorse on each notice of lien the
 day, hour, and minute when received filed for recording and
 the document reference number, and shall index the notice in
 the index and shall record the lien in the manner provided for
 recording real estate mortgages, and the.  The lien shall be
 is effective from the time of the indexing of the lien.
    e.  The department shall pay a recording fee fees as
 provided in section 331.604, for the recording of the lien, or
 for its satisfaction.
    Sec. 3.  Section 124C.4, subsection 3, Code 2009, is
 amended to read as follows:
    3.  Each notice of lien shall be endorsed with the day,
 hour, and minute when the notice was received filed for
 recording and the document reference number, and the notice
 shall be preserved, indexed, and recorded in the manner
 provided for recording real estate mortgages.  The lien shall
 be is effective from the time of its indexing.  The department
 shall pay a recording fee fees as provided by section 331.604
 for the recording of the lien or for its satisfaction.
    Sec. 4.  Section 331.602, subsections 8 and 37, Code 2009,
 are amended to read as follows:
    8.  Endorse on each notice of an unemployment contribution
 lien the day, hour, and minute that the lien is received from
 the department of workforce development filed for recording
 and the document reference number, index the notice of lien,
 and record the lien as provided in section 96.14, subsection
 3.
    37.  Carry out duties relating to the indexing of name
 changes, and the recorder shall charge a fee fees for indexing
 as provided in section 331.604.
    Sec. 5.  Section 331.603, subsection 4, Code 2009, is
 amended to read as follows:
    4.  The recorder may, in lieu of maintaining separate index
 books as required by law, prepare and maintain a combined
 index record or system which shall contain the same data and
 information as required to be kept in the separate index
 books.
    Sec. 6.  Section 331.604, Code 2009, is amended to read as
 follows:
    331.604  GENERAL RECORDING AND FILING FEE FEES.
    1.  Except as otherwise provided by state law, subsection 2
 4, or section 331.605, the recorder shall collect a fee of
 five dollars for each page or fraction of a page of an
 instrument which is filed or recorded in the recorder's
 office.  If a page or fraction of a page contains more than
 one transaction, the recorder shall collect the fee for each
 transaction.
    2.  a.  The recorder shall also collect a fee of one dollar
 for each recorded transaction for which a fee is paid pursuant
 to subsection 1 to be used exclusively for the purpose of
 preserving and maintaining public records.  The treasurer, on
 behalf of the recorder, shall establish and maintain a county
 recorder's records management fund into which all moneys
 collected pursuant to this subsection shall be deposited.
 Interest earned on moneys deposited in the fund shall be
 credited to the county recorder's records management fund.
 The recorder shall use the moneys deposited in the fund to
 produce and maintain public records that meet archival
 standards, and to enhance the technological storage,
 retrieval, and transmission capabilities related to archival
 quality records.  The recorder may cooperate with other
 entities, boards, and agencies to establish methods of records
 management, and participate in other joint ventures which
 further the purposes of this subsection.
    b.  Fees collected pursuant to this subsection shall be
 used to accomplish the following purposes:
    (1)  Preserve and maintain public records.
    (2)  Assist counties in reducing record preservation costs.
    (3)  Encourage and foster maximum access to public records
 maintained by county recorders at locations throughout the
 state.
    (4)  Establish plans for anticipated and possible future
 needs, including the handling and preservation of vital
 statistics.
    3.  a.  The county recorder shall also collect a fee of one
 dollar for each recorded transaction, regardless of the number
 of pages, for which a fee is paid pursuant to subsection 1 to
 be used for the purpose set forth in paragraph "c".
    b.  The county treasurer, on behalf of the recorder, shall
 establish and maintain a county recorder's electronic
 transaction fund into which all moneys collected pursuant to
 paragraph "a" shall be deposited.  Interest earned on moneys
 deposited in this fund shall be computed based on the average
 monthly balance in the fund and shall be credited to the
 county recorder's electronic transaction fund.
    c.  The local government electronic transaction fund is
 established in the office of the treasurer of state under the
 control of the treasurer of state.  Moneys deposited into the
 fund are not subject to section 8.33.  Notwithstanding section
 12C.7, interest or earnings on moneys in the local government
 electronic transaction fund shall be credited to the fund.
 Moneys in the local government electronic transaction fund are
 not subject to transfer, appropriation, or reversion to any
 other fund, or any other use except as provided in this
 paragraph "c".  On a monthly basis, the county treasurer shall
 pay each fee collected pursuant to paragraph "a" to the
 treasurer of state for deposit into the local government
 electronic transaction fund.  Moneys credited to the local
 government electronic transaction fund are appropriated to the
 treasurer of state for the payment of claims approved by the
 governing board of the county land record information system.
 Expenditures from the fund shall be for the purpose of
 planning and implementing electronic recording and electronic
 transactions in each county and developing county and
 statewide internet websites to provide electronic access to
 records and information and to pay the ongoing costs of
 integrating and maintaining the statewide internet website.
    d.  The recorder shall make available any information
 required by the county auditor or auditor of state concerning
 the fees collected under this subsection for the purposes of
 determining the amount of fees collected and the uses for
 which such fees are expended.
    2. 4.  A county shall not be required to pay a fee to the
 recorder for filing or recording instruments.  However, a
 county treasurer is required to pay recording fees pursuant to
 section 437A.11.
    Sec. 7.  Section 331.605B, subsection 1, Code 2009, is
 amended to read as follows:
    1.  The recorder shall make available any information
 required by the county or state auditor concerning the fees
 collected under section 331.605A 331.604, subsection 2, for
 the purposes of determining the amount of fees collected and
 the uses for which such fees are expended.
    Sec. 8.  Section 331.606B, subsection 2, paragraph b, Code
 2009, is amended to read as follows:
    b.  The For any instrument of conveyance, the name of the
 taxpayer and a complete mailing address for any document or
 instrument of conveyance.
    Sec. 9.  Section 331.606B, subsection 6, Code 2009, is
 amended to read as follows:
    6.  a.  On and after July 1, 2005, a document or instrument
 that does not conform to the format standards specified in
 subsections 1 through 3 shall not be recorded accepted for
 recording except upon payment of an additional recording fee
 of ten dollars per document or instrument.  The requirement
 applies only to documents or instruments dated on or after
 July 1, 2005, and does not apply to those documents or
 instruments specifically exempted in subsection 4.
    b.  On and after July 1, 2009, a document or instrument
 that does not conform to the format standards specified in
 subsection 1, paragraphs "c" and "e", or subsection 2,
 paragraph "b", shall not be accepted for recording.  This
 paragraph applies only to documents or instruments dated on or
 after July 1, 2009, and does not apply to those documents or
 instruments specifically exempted in subsection 4.
    Sec. 10.  Section 331.607, subsection 5, Code 2009, is
 amended by striking the subsection and inserting in lieu
 thereof the following:
    5.  An index for records of private drainage systems as
 provided in section 468.623.
    Sec. 11.  Section 331.609, subsection 4, Code 2009, is
 amended to read as follows:
    4.  The fee fees for filing or recording, and indexing each
 notice of lien or certificate or notice affecting the lien
 shall be as provided in section 331.604.  The officer shall
 bill the internal revenue service or any other appropriate
 federal agency on a monthly basis for fees for documents filed
 or recorded by it.
    Sec. 12.  Section 359A.10, Code 2009, is amended to read as
 follows:
    359A.10  ENTRY AND RECORD OF ORDERS.
    Such orders, decisions, notices, and returns shall be
 entered of record at length by the township clerk, and a copy
 thereof certified by the township clerk to the county
 recorder, who shall record the same in the recorder's office
 in a book kept for that purpose, and index such record in the
 name of each adjoining owner as grantor to the other.  The
 county recorder shall collect fees specified in section
 331.604.
    Sec. 13.  Section 359A.12, Code 2009, is amended to read as
 follows:
    359A.12  DIVISION BY AGREEMENT == RECORD.
    The several owners may, in writing, agree upon the portion
 of partition fences between their lands which shall be erected
 and maintained by each, which writing shall describe the lands
 and the parts of the fences so assigned, be signed and
 acknowledged by them, and filed and recorded in the office of
 the recorder of deeds of the county or counties in which they
 are situated.  The county recorder shall collect fees
 specified in section 331.604.
    Sec. 14.  Section 422.26, subsections 4 and 5, Code 2009,
 are amended to read as follows:
    4.  The county recorder of each county shall keep in the
 recorder's office an index and record to show containing the
 applicable entries in sections 558.49 and 558.52 and showing
 the following data, under the names of taxpayers, arranged
 alphabetically:
    a.  The name of the taxpayer.
    b.  The name "State of Iowa" as claimant.
    c.  Time notice of lien was received filed for recording.
    d.  Date of notice.
    e.  Amount of lien then due.
    f.  Date of assessment.
    g.  When satisfied.
    The recorder shall endorse on each notice of lien the day,
 hour, and minute when received and filed for recording and the
 document reference number, shall preserve the same, and shall
 index the notice in the index and shall record the lien in the
 manner provided for recording real estate mortgages, and the.
 The lien shall be is effective from the time of the indexing
 of the lien.
    5.  The department shall pay a recording fee fees as
 provided in section 331.604, for the recording of the lien, or
 for its satisfaction.
    Sec. 15.  Section 424.11, unnumbered paragraphs 4 and 5,
 Code 2009, are amended to read as follows:
    The recorder shall endorse on each notice of lien the day,
 hour, and minute when received filed for recording and the
 document reference number, and shall preserve the notice, and.
 The recorder shall also immediately index the notice and
 record the lien in the manner provided for recording real
 estate mortgages, and the.  The lien shall be is effective
 from the time of its indexing.
    The department shall pay a recording fee fees as provided
 in section 331.604, for the recording of the lien, or for its
 satisfaction.
    Sec. 16.  Section 428A.4, unnumbered paragraph 2, Code
 2009, is amended to read as follows:
    The county recorder shall refuse to record any deed,
 instrument, or writing by which any real property in this
 state shall be granted, assigned, transferred, or otherwise
 conveyed, except those transfers exempt from tax under section
 428A.2, subsections 2 to through 5, and 7 to through 13, and
 16 through 21, or under section 428A.2, subsection 6, except
 in the case of a federal agency or instrumentality, until the
 declaration of value has been submitted to the county
 recorder.  A declaration of value shall not be required with a
 deed given in fulfillment of a recorded real estate contract
 provided the deed has a notation that it is given in
 fulfillment of a contract.
    Sec. 17.  Section 428A.5, Code 2009, is amended to read as
 follows:
    428A.5  DOCUMENTATION OF PAYMENT.
    The amount of tax imposed by this chapter shall be paid to
 the county recorder in the county where the real property is
 located and the amount received and the initials of the county
 recorder shall appear on the face of the document or
 instrument.  The method of documentation of a transfer tax
 shall be approved by the department of revenue.
    Sec. 18.  Section 437A.11, unnumbered paragraph 2, Code
 2009, is amended to read as follows:
    The county recorder of each county shall prepare and keep
 in the recorder's office an index each lien showing the
 applicable entries specified in sections 558.49 and 558.52 and
 record to show showing, under the names of taxpayers arranged
 alphabetically, all of the following:
    Sec. 19.  Section 437A.11, subsection 3, Code 2009, is
 amended to read as follows:
    3.  Time the notice of lien was received filed for
 recording.
    Sec. 20.  Section 437A.11, unnumbered paragraphs 3 through
 5, Code 2009, are amended to read as follows:
    The recorder shall endorse on each notice of lien the day,
 hour, and minute when received and preserve such notice, and
 filed for recording and the document reference number, shall
 preserve such notice, shall index the notice in the index, and
 shall promptly record the lien in the manner provided for
 recording real estate mortgages.  The lien is effective from
 the time of the indexing of the lien.
    The county treasurer or chief financial officer of the city
 shall pay a recording fee fees as provided in section 331.604,
 for the recording of the lien, or for its satisfaction.
    Upon the payment of the replacement tax as to which a
 county treasurer or chief financial officer of a city has
 filed notice with a county recorder, the county treasurer or
 chief financial officer of the city shall promptly file with
 the recorder a satisfaction of the replacement tax.  The
 recorder shall enter the satisfaction on the record the notice
 on file in the recorder's office and indicate that fact on the
 index of satisfaction showing the applicable entries specified
 in sections 558.49 and 558.52.
    Sec. 21.  Section 437A.22, unnumbered paragraph 3, Code
 2009, is amended to read as follows:
    The county recorder of each county shall prepare and keep
 in the recorder's office an index each lien showing the
 applicable entries specified in sections 558.49 and 558.52 and
 record to show showing, under the names of taxpayers arranged
 alphabetically, all of the following:
    Sec. 22.  Section 437A.22, subsection 3, Code 2009, is
 amended to read as follows:
    3.  Time the notice of lien was received filed for
 recording.
    Sec. 23.  Section 437A.22, unnumbered paragraphs 4 and 5,
 Code 2009, are amended to read as follows:
    The recorder shall endorse on each notice of lien the day,
 hour, and minute when received and filed for recording and the
 document reference, shall preserve such notice, and shall
 promptly record the lien in the manner provided for recording
 real estate mortgages.  The lien is effective from the time of
 the indexing of the lien.
    The director, from moneys appropriated to the department of
 revenue for this purpose, shall pay a recording fee fees as
 provided in section 331.604 for the recording of the lien, or
 for its satisfaction.
    Sec. 24.  Section 468.623, Code 2009, is amended to read as
 follows:
    468.623  PRIVATE DRAINAGE SYSTEM == RECORD.
    1.  Any person who has provided a system of drainage on
 land owned by the person may have the same made a matter of
 record in the office of the county recorder of the county in
 which the drainage system is located, provided any drainage
 system constructed after July 1, 1969, shall be made a matter
 of record, as is hereinafter provided.  The record shall
 contain the applicable entries specified in sections 558.49
 and 558.52.
    2.  Records under subsection 1 may be used to give the
 owner's name, description of tracts of land drained, stating
 the time when the drainage system was established, the kind,
 quality, and brand of tile used, the name and place of the
 manufacturing plant, the name of contractors who laid the
 tile, the name of the engineer in charge of the survey and
 installation, the cost of tile, delivery, installation, and
 engineering expense, depths, grades, outlets, connections,
 contracts for agreements with adjoining landowners as to
 connections, and any other matters or information that may be
 considered of value, and such information may be furnished by
 the landowner or the engineer having charge of the
 installation and certified to under oath.
    Sec. 25.  Section 468.626, Code 2009, is amended to read as
 follows:
    468.626  ORIGINAL PLAT FILED.
    In lieu of making the record as herein provided any
 landowner may file with the county recorder the original plat
 used in the establishment of said the drainage system, or a
 copy thereof of the plat, which shall be certified by the
 engineer having made the same.  If practicable, a plat filed
 under this section shall be made a matter of record and shall
 contain the applicable entries specified in sections 558.49
 and 558.52.
    Sec. 26.  Section 468.628, Code 2009, is amended to read as
 follows:
    468.628  FEES FOR RECORD AND COPIES RECORDING.
    The county When information is filed with the county
 recorder pursuant to section 468.623 or 468.626, the recorder
 shall be entitled to collect recording fees for the filing and
 information heretofore provided for, and for the making of
 copies of such records the same as is provided for other work
 of a similar nature in the amounts specified in section
 331.604.
    Sec. 27.  Section 499A.1, unnumbered paragraph 1, Code
 2009, is amended to read as follows:
    Any two or more persons of full age, a majority of whom are
 citizens of the state, may organize themselves for the
 following or similar purposes:  Ownership of residential,
 business property on a cooperative basis.  A corporation is a
 person within the meaning of this chapter.  The organizers
 shall adopt, and sign and acknowledge the articles of
 incorporation, stating the name by which the cooperative shall
 be known, the location of its principal place of business, its
 business or objects, the number of directors to conduct the
 cooperative's business or objects, the names of the directors
 for the first year, the time of the cooperative's annual
 meeting, the time of the annual meeting of its directors, and
 the manner in which the articles may be amended.  The articles
 of incorporation shall be filed with the secretary of state
 who shall, if the secretary approves the articles, endorse the
 secretary of state's approval on the articles, record the
 articles, and forward the articles to the county recorder of
 the county where the principal place of business is to be
 located, and there the articles shall be recorded, and upon
 recording be returned to the cooperative.  The articles shall
 not be filed by the secretary of state until a filing fee of
 five dollars together with a recording fee of fifty cents per
 page is paid, and upon the payment of the fees and the
 approval of the articles by the secretary of state, the
 secretary shall issue to the cooperative a certificate of
 incorporation as a cooperative not for pecuniary profit.  The
 county recorder shall collect recording fees pursuant to
 section 331.604 for articles forwarded for recording under
 this section.
    Sec. 28.  Section 499B.3, unnumbered paragraph 1, Code
 2009, is amended to read as follows:
    When the sole owner or all of the owners, or the sole
 lessee or all of the lessees of a lease desire to submit a
 parcel of real property upon which a building is located or to
 be constructed to the horizontal property regime established
 by this chapter, a declaration to that effect shall be
 executed and acknowledged by the sole owner or lessee or all
 of such owners or lessees and shall be recorded in the office
 of the county recorder of the county in which such property
 lies.  The county recorder shall collect recording fees
 pursuant to section 331.604.
    Sec. 29.  Section 499B.5, subsection 1, Code 2009, is
 amended to read as follows:
    1.  Description of land as provided in section 499B.4,
 including the book, page document reference number and date of
 recording of the declaration.
    Sec. 30.  Section 501.105, subsection 6, Code 2009, is
 amended to read as follows:
    6.  The secretary of state shall forward for recording a
 copy of each original, amended, and restated articles,
 articles of merger, articles of consolidation, and articles of
 dissolution to the recorder of the county in which the
 cooperative has its principal place of business, or in the
 case of a merger or consolidation, to the recorders of each of
 the counties in which the merging or consolidating
 cooperatives have their principal offices.  The county
 recorder shall collect recording fees pursuant to section
 331.604 for documents forwarded for recording under this
 subsection.
    Sec. 31.  Section 547.3, Code 2009, is amended to read as
 follows:
    547.3  FEE FOR RECORDING.
    The county recorder shall charge and receive a fee collect
 fees in the amount specified in section 331.604 for each
 verified statement recorded under this chapter.  The recorder
 may return the original instrument to the sender or dispose of
 the instrument if the sender does not wish to have the
 instrument returned.  An instrument filed in the recorder's
 office before July 1, 1990, may be returned to the sender or
 disposed of if the sender does not wish to have the instrument
 returned and if there is an official copy of the instrument in
 the recorder's office.
    Sec. 32.  Section 557.24, Code 2009, is amended to read as
 follows:
    557.24  FEE.
    A person having the name of the person's farm recorded as
 provided in section 557.22 shall first pay to the county
 recorder a fee in the amount the fees specified in section
 331.604, which fee shall be paid to the county treasurer as
 other fees are paid to the county treasurer by the recorder.
    Sec. 33.  Section 557.26, Code 2009, is amended to read as
 follows:
    557.26  CANCELLATION == FEE.
    If the owner of a registered farm desires to cancel the
 registered name of the farm, the owner shall acknowledge
 cancellation of the name by execution of an instrument in
 writing referring to the farm name, and shall record the
 instrument.  For the latter service the county recorder shall
 charge a fee in collect the amount fees specified in section
 331.604, which shall be paid to the county treasurer as other
 fees are paid to the county treasurer by the recorder.
    Sec. 34.  Section 558.55, Code 2009, is amended to read as
 follows:
    558.55  FILING AND INDEXING == CONSTRUCTIVE NOTICE.
    The recorder must endorse upon every instrument properly
 filed for record recording in the recorder's office, the day,
 hour, and minute of the filing when filed for recording and
 the document reference number, and enter in the index the
 entries required to be entered pursuant to sections 558.49 and
 558.52, and the filing.  The recording and indexing shall
 constitute constructive notice to all persons of the rights of
 the grantees conferred by the instruments.
    Sec. 35.  Section 558.66, unnumbered paragraph 1, Code
 2009, is amended to read as follows:
    Upon receipt of a certificate issued by the clerk of the
 district court or clerk of the supreme court indicating that
 the title to real estate has been finally established in any
 named person by judgment or decree or by will or by affidavit
 of or on behalf of a surviving spouse that has been recorded
 by the recorder, the auditor shall enter the information in
 the certificate upon the transfer books, upon payment of a fee
 in the amount specified in section 331.507, subsection 2,
 paragraph "a".  In the case of the affidavit filed with the
 recorder, the fee set forth in section 331.507, subsection 2,
 paragraph "a", and the fee fees set forth in section 331.604,
 shall be collected by the recorder and paid to the treasurer
 as provided in section 331.902, subsection 3.
    Sec. 36.  Section 598.21, subsection 2, Code 2009, is
 amended to read as follows:
    2.  DUTIES OF COUNTY RECORDER.  The county recorder shall
 record each quitclaim deed or change of title and shall
 collect the fee fees specified in section 331.507, subsection
 2, paragraph "a", and the fee specified in section 331.604,
 subsection 1.
    Sec. 37.  Section 633.481, Code 2009, is amended to read as
 follows:
    633.481  CERTIFICATE TO COUNTY RECORDER FOR TAX PURPOSES
 WITHOUT ADMINISTRATION.
    When an inventory or report is filed under section 450.22,
 without administration of the estate of the decedent, the heir
 or heir's attorney shall prepare and deliver to the county
 recorder of the county in which the real estate is situated a
 certificate pertaining to each parcel of real estate described
 in the inventory or report.  Any fees for certificates or
 recording fees required by this section or section 633.480
 shall be assessed as costs of administration.  The fee fees
 for recording and indexing the instrument shall be as provided
 in section 331.604.  The county recorder shall deliver the
 certificates to the county auditor as provided in section
 558.58.
    Sec. 38.  Section 674.14, Code 2009, is amended to read as
 follows:
    674.14  INDEXING IN REAL PROPERTY RECORD.
    The county recorder and county auditor of each county in
 which the petitioner owns real property shall charge collect
 fees in the amounts specified in sections 331.604 and 331.507,
 subsection 2, paragraph "b", for indexing a change of name for
 each parcel of real estate.
    Sec. 39.  Sections 331.605A, 331.605C, 468.624, and
 468.625, Code 2009, are repealed.


                                                             
                               JOHN P. KIBBIE
                               President of the Senate


                                                             
                               PATRICK J. MURPHY
                               Speaker of the House

    I hereby certify that this bill originated in the Senate and
 is known as Senate File 288, Eighty=third General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2009


                                
 CHESTER J. CULVER
 Governor

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