House Study Bill 721
HOUSE FILE
BY (PROPOSED COMMITTEE ON
WAYS AND MEANS BILL BY
CHAIRPERSON VAN FOSSEN)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the use of a certain transaction fee collected
2 by the county recorder and providing for a future reduction in
3 the amount of the fee.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6658HC 80
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PAG LIN
1 1 Section 1. Section 331.605C, Code Supplement 2003, is
1 2 amended by striking the section and inserting in lieu thereof
1 3 the following:
1 4 331.605C ELECTRONIC TRANSACTION FEE == ALLOCATION.
1 5 1. In addition to the fee collected under section 331.604,
1 6 beginning July 1, 2004, and ending June 30, 2006, the recorder
1 7 shall collect a fee of five dollars for each recorded
1 8 transaction, regardless of the number of pages, for which a
1 9 fee is paid pursuant to section 331.604, to be allocated as
1 10 provided in subsection 3.
1 11 2. Beginning July 1, 2006, a fee of three dollars shall be
1 12 collected under this section for each recorded transaction,
1 13 regardless of the number of pages, for which a fee is paid
1 14 pursuant to section 331.604. The fee shall be allocated as
1 15 provided in subsection 3, paragraphs "a" and "c" or "a" and
1 16 "d", as applicable.
1 17 3. The fee collected shall be allocated as follows:
1 18 a. One dollar shall be deposited in the local government
1 19 electronic transaction fund for the purposes set forth in
1 20 subsection 5.
1 21 b. For the period beginning July 1, 2004, and ending June
1 22 30, 2006, two dollars shall be deposited in the county
1 23 recorder's electronic transaction fund for the purpose of
1 24 paying the county's ongoing costs of implementing electronic
1 25 recording and electronic transactions in the county and
1 26 developing a county internet website to provide electronic
1 27 access to records and information and maintaining those
1 28 systems.
1 29 c. Two dollars shall be paid to the county treasurer for
1 30 deposit in the local housing trust fund of the county where
1 31 the fee is paid and shall be used to develop and preserve
1 32 affordable housing for low=income persons in the county,
1 33 including providing a local match for state funding pursuant
1 34 to section 16.181.
1 35 d. In lieu of paragraph "c", if a local housing trust fund
2 1 has not been established in the county, two dollars shall be
2 2 paid to the county treasurer for deposit in the general fund
2 3 to be used solely to fund affordable housing efforts in the
2 4 county.
2 5 4. The county treasurer, on behalf of the recorder, shall
2 6 establish and maintain a county recorder's electronic
2 7 transaction fund into which all moneys collected pursuant to
2 8 subsection 3, paragraph "b", shall be deposited. Interest
2 9 earned on moneys deposited in this fund shall be computed
2 10 based on the average monthly balance in the fund and shall be
2 11 credited to the county recorder's electronic transaction fund.
2 12 5. A local government electronic transaction fund is
2 13 established in the office of the treasurer of state under the
2 14 control of the treasurer of state. Moneys deposited into the
2 15 fund are not subject to section 8.33. Notwithstanding section
2 16 12C.7, interest or earnings on moneys in the local government
2 17 electronic transaction fund shall be credited to the fund.
2 18 Moneys in the local government electronic transaction fund are
2 19 not subject to transfer, appropriation, or reversion to any
2 20 other fund, or any other use except as provided in this
2 21 subsection. On a monthly basis, the county treasurer shall
2 22 pay the fees collected pursuant to subsection 3, paragraph
2 23 "a", to the treasurer of state for deposit into the local
2 24 government electronic transaction fund. Moneys credited to
2 25 the local government electronic transaction fund are
2 26 appropriated to the treasurer of state to be used for the
2 27 purpose of paying the ongoing costs of developing and
2 28 maintaining statewide internet websites to provide electronic
2 29 access to records and information recorded or filed with
2 30 county recorders.
2 31 6. For purposes of this section, "local housing trust
2 32 fund" is a fund established by an entity whose governing board
2 33 is recognized by the city, county, council of governments, or
2 34 regional officials as the board responsible for coordinating
2 35 local housing programs.
3 1 EXPLANATION
3 2 Currently, Code section 331.605C provides that beginning on
3 3 July 1, 2004, the additional fee collected by the county
3 4 recorder on instruments filed or recorded with the recorder's
3 5 office shall be reduced from $5 to $1. This bill retains the
3 6 $5 fee until June 30, 2006, and requires that it be allocated
3 7 as follows:
3 8 1. One dollar shall be deposited in the local government
3 9 electronic transaction fund under control of the treasurer of
3 10 state for paying the ongoing costs of developing and
3 11 maintaining statewide internet websites to provide electronic
3 12 access to records and information recorded or filed with
3 13 county recorders.
3 14 2. Two dollars shall be deposited in the county recorder's
3 15 electronic transaction fund for the purpose of paying the
3 16 county's ongoing costs of developing, implementing, and
3 17 maintaining the electronic recording and transaction system in
3 18 the county and the county internet website.
3 19 3. Two dollars shall be deposited in the local housing
3 20 trust fund of the county where the fee is paid and shall be
3 21 used to develop and preserve affordable housing for low=income
3 22 persons in the county and for providing local matching funds
3 23 for receipt of state housing trust funds moneys. The bill
3 24 provides that if a local housing trust fund has not been
3 25 established in the county, the $2 shall be deposited in the
3 26 general fund for purposes of funding affordable housing
3 27 efforts in the county.
3 28 The bill provides that, beginning July 1, 2006, the fee
3 29 will be $3. One dollar of the fee will be deposited in the
3 30 local government electronic transaction fund for the purposes
3 31 set forth in the bill and $2 will be deposited in the local
3 32 housing trust fund, or to the general fund of the county if
3 33 there is no local housing trust fund, for the purposes set
3 34 forth in the bill.
3 35 LSB 6658HC 80
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