Senate Study Bill 1017
SENATE FILE
BY (PROPOSED COMMITTEE ON LOCAL
GOVERNMENT BILL BY
CHAIRPERSON GASKILL)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to formatting standards for recording documents
2 or instruments by a county recorder, specifying a recording
3 fee for certain documents or instruments, and providing an
4 effective date.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 1768SC 80
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PAG LIN
1 1 Section 1. NEW SECTION. 331.601A DEFINITIONS.
1 2 As used in this part, unless the context otherwise
1 3 requires:
1 4 1. "Document" or "instrument" means a writing or drawing
1 5 presented to the recorder for recording, consisting of one or
1 6 more pages of text and attachments.
1 7 2. "File or submit" means the act of delivering a document
1 8 or instrument to a recording office for recording into the
1 9 public records.
1 10 3. "Grantor and grantee" means the names of the transferor
1 11 and transferee in the transaction used to create the recording
1 12 index.
1 13 4. "Legible" means capable of being read or deciphered
1 14 without magnification regardless of the recording process.
1 15 5. "Page" means a writing, printing, or drawing, other
1 16 than a plat or survey, occurring on one side only and covering
1 17 all or part of such side, and not larger than eight and one=
1 18 half inches in width and fourteen inches in length.
1 19 6. "Record" means a process whether by manual, mechanical,
1 20 electronic, optical, magnetic, microfilm, or other methods of
1 21 storage, after filing or submission, to incorporate a document
1 22 or instrument into the public record.
1 23 7. "Transaction" means a specific legal action in the form
1 24 of or evidenced by one of the following:
1 25 a. A title or caption including, but not limited to, a
1 26 deed, deed of trust, mortgage, or power of attorney.
1 27 b. A subsequent reference to an original document or
1 28 instrument including, but not limited to, an assignment or
1 29 release or satisfaction of mortgage.
1 30 Sec. 2. Section 331.602, subsection 1, Code 2003, is
1 31 amended by striking the subsection and inserting in lieu
1 32 thereof the following:
1 33 1. Record all documents or instruments presented to the
1 34 recorder's office for recordation upon payment of the proper
1 35 fees and compliance with other recording requirements as
2 1 provided by law.
2 2 Sec. 3. NEW SECTION. 331.606B DOCUMENT OR DOCUMENT
2 3 FORMATTING STANDARDS.
2 4 1. The county recorder may refuse any document or
2 5 instrument presented for recording that does not meet the
2 6 following requirements:
2 7 a. Each document or instrument shall consist of one or
2 8 more individual pages not permanently bound or in a continuous
2 9 form. The document or instrument shall not have any
2 10 attachment stapled or otherwise affixed to any page except as
2 11 necessary to comply with statutory requirements. However, the
2 12 individual pages of a document or instrument may be stapled
2 13 together for presentation for recording. A label that is
2 14 firmly attached with a code bar or return address may be
2 15 accepted for recording.
2 16 b. All preprinted text shall be at least eight point in
2 17 size and no more than twenty characters and spaces per inch.
2 18 All other text typed or computer generated, including but not
2 19 limited to all names of parties to an agreement, shall be at
2 20 least ten point in size and no more than sixteen characters
2 21 and spaces per inch. If a document or instrument other than a
2 22 plat or survey, presented for recording contains type smaller
2 23 than eight point type for the preprinted text and ten point
2 24 type for all other text, the document or instrument shall be
2 25 accompanied by an exact typewritten or printed copy that meets
2 26 the requirements of this section.
2 27 c. Each document shall be of sufficient legibility to
2 28 produce a clear reproduction. If a document or instrument,
2 29 other than a plat or survey, is not sufficiently legible to
2 30 produce a clear reproduction, the document or instrument shall
2 31 be accompanied by an exact typewritten or printed copy that
2 32 meets the type size requirements of paragraph "b" and shall be
2 33 recorded contemporaneously as additional pages of the document
2 34 or instrument.
2 35 d. Each document or instrument, other than a plat or
3 1 survey, shall be on white paper of not less than twenty=pound
3 2 weight without watermarks or other visible inclusions. All
3 3 text within the document or instrument shall be of sufficient
3 4 color and clarity to ensure that the text is readable when
3 5 reproduced from the record.
3 6 e. All signatures on a document or instrument shall be in
3 7 black or dark blue ink and of sufficient color and clarity to
3 8 ensure that the signatures are readable when the document or
3 9 instrument is reproduced from the record. The corresponding
3 10 name shall be typed, printed, or stamped beneath the
3 11 signature. The typing or printing of a name or the
3 12 application of an embossed or inked stamp shall not cover or
3 13 otherwise materially interfere with any part of the document
3 14 or instrument except where provided by law.
3 15 f. The first page of each document or instrument shall
3 16 have a top margin of at least three inches of vertical space
3 17 from left to right which shall be reserved for the recorder's
3 18 use. All other margins on the document or instrument shall be
3 19 a minimum of three=fourths of one inch. Nonessential
3 20 information including but not limited to form numbers, page
3 21 numbers, or customer notations may be placed in a margin
3 22 except the top margin. The recorder shall not incur any
3 23 liability for not showing a seal or information that extends
3 24 beyond the margin of the permanent archival record.
3 25 2. Each document or instrument, other than a plat or
3 26 survey, that is presented for recording and that contains any
3 27 of the following information shall have that information on
3 28 the first page below the three=inch margin:
3 29 a. The name, address, and telephone number of the
3 30 individual who prepared the document.
3 31 b. The name of the taxpayer and a complete mailing address
3 32 for any document or instrument of conveyance.
3 33 c. A return address.
3 34 d. The title of the document or instrument.
3 35 e. All grantors' names.
4 1 f. All grantees' names.
4 2 g. Any address required by statute.
4 3 h. The legal description of the property and parcel
4 4 identification number, if required.
4 5 i. A document or instrument number for statutory
4 6 requirements, if applicable.
4 7 3. If insufficient space exists on the first page for all
4 8 of the information described in subsection 2, the page
4 9 reference of the document or instrument where the information
4 10 is located shall be noted on the first page.
4 11 4. The recorder may record the following documents or
4 12 instruments which are exempt from the format requirements of
4 13 this section:
4 14 a. A document or instrument that was signed before July 1,
4 15 2004.
4 16 b. A military separation document or instrument.
4 17 c. A document or instrument executed outside the United
4 18 States.
4 19 d. A certified copy of a document or instrument issued by
4 20 a governmental agency, including a vital record.
4 21 e. A document or instrument where one of the original
4 22 parties is deceased or otherwise incapacitated.
4 23 f. A document or instrument formatted to meet court
4 24 requirements.
4 25 g. A federal tax lien.
4 26 h. A filing under the uniform commercial code, chapter
4 27 554.
4 28 5. A document or instrument rejected for recording by a
4 29 recorder shall be returned to the preparer or presenter
4 30 accompanied by an explanation of the reason for rejection.
4 31 6. On and after July 1, 2004, a document or instrument
4 32 that does not conform to the format standards specified in
4 33 subsections 1 through 3 shall not be recorded except upon
4 34 payment of an additional recording fee of ten dollars per
4 35 document or instrument. The requirement applies only to
5 1 documents or instruments dated on or after July 1, 2004, and
5 2 does not apply to those documents or instruments specifically
5 3 exempted in subsection 4.
5 4 Sec. 4. EFFECTIVE DATE. This Act takes effect July 1,
5 5 2004.
5 6 EXPLANATION
5 7 This bill specifies formatting standards for documents or
5 8 instruments that are presented for recording by the county
5 9 recorder. Each document or instrument, except a survey and
5 10 plat, is to be presented for recording with writing, printing,
5 11 or drawing only on one side of the page, each page is to be no
5 12 larger than eight and one=half inches in width and 14 inches
5 13 in length, and each page is to be of white paper of not less
5 14 than 20=pound weight without watermarks. All preprinted text
5 15 is to be at least eight point in size and no more than 20
5 16 characters and spaces per inch. All other text typed or
5 17 computer generated, including all names of parties to an
5 18 agreement, shall be at least 10 point in size and no more than
5 19 16 characters and spaces per inch. If a document or
5 20 instrument is presented for recording with preprinted text
5 21 smaller than eight point and 10 point type for all other text,
5 22 the document or instrument shall be accompanied by an exact
5 23 typewritten or printed copy that meets type size requirements.
5 24 All signatures on a document or instrument shall be in black
5 25 or dark blue ink and of sufficient color and clarity to ensure
5 26 that the signatures are readable when the document or
5 27 instrument is reproduced. Each document or instrument shall
5 28 have a top margin of at least three inches of vertical space
5 29 from left to right, which shall be reserved for the recorder's
5 30 use. All other margins shall be a minimum of three=fourths of
5 31 one inch.
5 32 Each document or instrument containing any of the following
5 33 information shall have that information on the first page of
5 34 the document or instrument below the three=inch margin: the
5 35 name, address, and telephone number of the preparer, the name
6 1 and complete address of a taxpayer of any document or
6 2 instrument of conveyance, a return address, the title of a
6 3 document or instrument, all grantors' or grantees' names, an
6 4 address required by statute, the legal description of the
6 5 property and parcel identification number, or a document or
6 6 instrument number for statutory requirements. If there is
6 7 insufficient space on the first page for all of the above
6 8 information, the page reference of the document or instrument
6 9 where the information is located shall be noted on the first
6 10 page.
6 11 The following documents or instruments are exempt from the
6 12 formatting requirements: a document or instrument which is
6 13 signed before July 1, 2004; a military separation document or
6 14 instrument; a document or instrument executed outside the
6 15 United States; a certified copy of a vital record issued by a
6 16 governmental agency; a document or instrument where one of the
6 17 original parties is deceased or otherwise incapacitated; a
6 18 document or instrument formatted to meet court requirements; a
6 19 federal tax lien; or a filing under the uniform commercial
6 20 code.
6 21 A document or instrument rejected for recording by the
6 22 county recorder shall be returned to the preparer or presenter
6 23 with an explanation of the reason for rejection.
6 24 On or after July 1, 2004, a document or instrument that
6 25 does not conform to the format standards shall not be recorded
6 26 except upon payment of an additional recording fee of $10 per
6 27 document or instrument. The additional recording fee applies
6 28 only to documents or instruments dated on or after July 1,
6 29 2004, and does not apply to exempt documents or instruments.
6 30 The bill takes effect July 1, 2004.
6 31 LSB 1768SC 80
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