Senate File 2285
SENATE FILE
BY COMMITTEE ON WAYS AND MEANS
(SUCCESSOR TO SF 2238)
(SUCCESSOR TO SSB 3097)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the deposit and use of electronic transaction
2 fees and providing an immediate effective date.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5909SZ 80
5 av/gg/14
PAG LIN
1 1 Section 1. Section 331.605C, subsections 2, 3, and 4, Code
1 2 Supplement 2003, are amended to read as follows:
1 3 2. Beginning July 1, 2004, the recorder shall collect a
1 4 fee of one dollar for each recorded transaction, regardless of
1 5 the number of pages, for which a fee is paid pursuant to
1 6 section 331.604 to be used for the purpose of paying the
1 7 county's ongoing costs of maintaining the systems developed
1 8 and implemented under set forth in subsection 1 4.
1 9 3. The county treasurer, on behalf of the recorder, shall
1 10 establish and maintain an interest=bearing account a county
1 11 recorder's electronic transaction fund into which all moneys
1 12 collected pursuant to subsections 1 and 2 shall be deposited.
1 13 Interest earned on moneys deposited in this fund shall be
1 14 computed based on the average monthly balance in the fund and
1 15 shall be credited to the county recorder's electronic
1 16 transaction fund.
1 17 4. The local electronic government electronic transaction
1 18 fund is established in the office of the treasurer of state
1 19 under the control of the treasurer of state. Moneys deposited
1 20 into the fund are not subject to section 8.33.
1 21 Notwithstanding section 12C.7, interest or earnings on moneys
1 22 in the local electronic government electronic transaction fund
1 23 shall be credited to the fund. Moneys in the local electronic
1 24 government electronic transaction fund are not subject to
1 25 transfer, appropriation, or reversion to any other fund, or
1 26 any other use except as provided in this subsection. The
1 27 treasurer of state shall enter into a contract with the Iowa
1 28 state association of counties affiliate representing county
1 29 recorders to hold the fund for the development,
1 30 implementation, and maintenance of a statewide internet
1 31 website for purposes of providing electronic access to records
1 32 and information recorded or filed by county recorders. On a
1 33 monthly basis, the county treasurer shall pay one dollar of
1 34 each fee collected pursuant to subsection 1 2 to the treasurer
1 35 of state for deposit into the local electronic government
2 1 electronic transaction fund. Moneys credited to the local
2 2 electronic government electronic transaction fund are
2 3 appropriated to the treasurer of state to be used for contract
2 4 costs the purpose of paying the ongoing costs of maintaining
2 5 the statewide internet website developed and implemented under
2 6 subsection 1. This subsection is repealed June 30, 2004.
2 7 Sec. 2. Section 331.605C, subsection 5, Code Supplement
2 8 2003, is amended by striking the subsection.
2 9 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
2 10 immediate importance, takes effect upon enactment.
2 11 EXPLANATION
2 12 This bill amends Code section 331.605C, relating to the
2 13 deposit and use of certain fees collected by county recorders
2 14 for each recorded transaction for the purpose of planning and
2 15 implementing electronic recording and electronic transactions
2 16 in each county and developing county and statewide internet
2 17 websites to provide electronic access to records and
2 18 information.
2 19 Code section 331.605C currently provides that beginning on
2 20 July 1, 2003, and continuing until June 30, 2004, a county
2 21 recorder shall collect a $5 fee for each recorded transaction
2 22 for which a fee is paid pursuant to Code section 331.604 that
2 23 shall then be placed in an account established and maintained
2 24 by the county treasurer. On a monthly basis, the county
2 25 treasurer is to pay $1 of each $5 collected to the treasurer
2 26 of state for deposit into a fund designated the local
2 27 electronic government transaction fund, to be used for
2 28 contract costs associated with a contract the treasurer of
2 29 state is required to enter into with the Iowa state
2 30 association of counties affiliate representing county
2 31 recorders, to fund the development, implementation, and
2 32 maintenance of a statewide internet website for purposes of
2 33 providing electronic access to records and information
2 34 recorded or filed by county recorders. Currently, the
2 35 provisions relating to the local electronic government
3 1 transaction fund and the contract are to be repealed June 30,
3 2 2004. On a quarterly basis, the county treasurer is to pay
3 3 the remaining $4 of each $5 fee collected to the treasurer of
3 4 state for deposit into a fund designated the pooled local
3 5 government electronic transaction fund. Moneys credited to
3 6 this fund are appropriated to the treasurer of state to be
3 7 distributed equally to all counties to be deposited into an
3 8 account used by the county recorder for planning and
3 9 implementing electronic recording and electronic transactions,
3 10 and developing county and statewide internet websites to
3 11 provide electronic access to records and information. The $5
3 12 fee will not be collected after June 30, 2004, and therefore
3 13 these contributions to the pooled local government electronic
3 14 transaction fund will also cease on that date.
3 15 Currently, Code section 331.605C also provides that,
3 16 beginning on July 1, 2004, a county recorder shall collect a
3 17 fee of $1 for each recorded transaction for which a fee is
3 18 paid pursuant to Code section 331.604. The county treasurer
3 19 is required, on a quarterly basis, to pay the $1 fee collected
3 20 to the treasurer of state for deposit into the pooled local
3 21 government electronic transaction fund, to be distributed
3 22 equally to all counties and deposited by the county into the
3 23 account established and maintained for the purpose of paying
3 24 the county's ongoing costs of maintaining the systems
3 25 developed and implemented for electronic recording and
3 26 electronic transactions and for county and statewide internet
3 27 websites providing access to records and information.
3 28 The bill provides that the county treasurer shall establish
3 29 a county recorder's electronic transaction fund, instead of an
3 30 account, on behalf of the county recorder for the deposit of
3 31 the $1 fee collected pursuant to Code section 331.605C for
3 32 each recorded transaction and that the interest earned on
3 33 moneys deposited in this fund shall be computed based on the
3 34 average monthly balance in the fund and shall be credited to
3 35 the county recorder's electronic transaction fund.
4 1 The bill also provides that the $1 fee collected by the
4 2 county recorder after July 1, 2004, shall be paid to the
4 3 treasurer of state for deposit into the local government
4 4 electronic transaction fund rather than the pooled local
4 5 government electronic transaction fund, to be used by the
4 6 treasurer of state to pay the ongoing costs of maintaining the
4 7 statewide internet website developed and implemented during
4 8 fiscal year 2003=2004.
4 9 The bill strikes provisions referring to the contract
4 10 between the treasurer of state and the Iowa state association
4 11 of counties affiliate and provisions relating to the pooled
4 12 local government electronic transaction fund. The bill also
4 13 provides that the "local electronic government transaction
4 14 fund" maintained by the treasurer of state shall be known as
4 15 the "local government electronic transaction fund".
4 16 LSB 5909SZ 80
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