Senate File 98 - Introduced



                                       SENATE FILE       
                                       BY  COMMITTEE ON LOCAL
                                           GOVERNMENT

                                       (SUCCESSOR TO SSB 1058)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to county recorders and vital statistics record
  2    fees, and providing an effective date.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1567SV 81
  5 eg/cf/24

PAG LIN



  1  1    Section 1.  Section 144.46, Code 2005, is amended to read
  1  2 as follows:
  1  3    144.46  FEE FOR COPY OF RECORD == OR SEARCH.
  1  4    1.  The department by rule shall establish fees based on
  1  5 the average administrative cost which shall be collected by
  1  6 the state registrar or the county registrar for each:
  1  7    a.  Each certified copy or short form certification of
  1  8 certificates or records, or for a.  These fees shall be
  1  9 collected by the state registrar and the county registrar.
  1 10    b.  A search of the files or records when no copy is made,
  1 11 or when no if a record is not found on file or if a copy is
  1 12 not made.  These fees shall be collected by the state
  1 13 registrar.
  1 14    2.  Fees collected by the state registrar and by the county
  1 15 registrar on behalf of the state under this section shall be
  1 16 deposited in the general fund of the state.  Fees collected by
  1 17 the county registrar pursuant to section 331.605, subsection
  1 18 6, shall be deposited in the county general fund.  A fee shall
  1 19 not be collected from a political subdivision or agency of
  1 20 this state.
  1 21    Sec. 2.  Section 331.605, subsections 6 and 7, Code 2005,
  1 22 are amended to read as follows:
  1 23    6.  A county fee of four dollars in an amount equal to
  1 24 forty percent of the fee collected by the county registrar
  1 25 pursuant to section 144.46 for a certified copy of a birth
  1 26 record, death record, or marriage certificate.
  1 27    7.  For filing an application for the license to marry,
  1 28 thirty=five dollars, which includes payment for one certified
  1 29 copy of the original certificate of marriage,.  Out of this
  1 30 amount, the county shall retain its fee, pursuant to
  1 31 subsection 6, for a certified copy of a marriage certificate
  1 32 to be issued following filing of the original certificate of
  1 33 marriage, four dollars of which shall be retained by the
  1 34 county pursuant to subsection 6.  For issuing an application
  1 35 for an order of the district court authorizing the validation
  2  1 of a license to marry before the expiration of three days from
  2  2 the date of issuance of the license, five dollars.  The
  2  3 district court shall authorize the early validation of a
  2  4 marriage license without the payment of any fees imposed in
  2  5 this subsection upon showing that the applicant is unable to
  2  6 pay the fees.
  2  7    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of
  2  8 immediate importance, takes effect upon enactment.
  2  9
  2 10                           EXPLANATION
  2 11    This bill amends vital statistics provisions as related to
  2 12 county recorders.  The bill provides that county recorders no
  2 13 longer have to collect fees for record searches if no record
  2 14 is found or no copy is made.  The bill allows the county
  2 15 recorder to retain an additional amount of the fee collected
  2 16 for certified copies of records.  The amount retained is 40
  2 17 percent of the fee established by the Iowa department of
  2 18 public health for certified copies.
  2 19    The bill takes effect upon enactment.
  2 20 LSB 1567SV 81
  2 21 eg:rj/cf/24