House File 13 



                                       HOUSE FILE       
                                       BY  REASONER


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

                                      A BILL FOR

  1 An Act relating to county recorders and vital record fees and
  2    providing an effective date.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1035YH 82
  5 eg/cf/24

PAG LIN



  1  1    Section 1.  Section 144.46, Code 2007, is amended to read
  1  2 as follows:
  1  3    144.46  FEE FOR COPY OF RECORD == OR SEARCH.
  1  4    1.  The Based upon the average administrative cost of
  1  5 providing vital records services, the department by rule shall
  1  6 establish set fees based on the average administrative cost
  1  7 which shall to be charged and collected by the state registrar
  1  8 or the county registrar.
  1  9    a.  The state registrar and the county registrar shall
  1 10 collect fees for each certified copy or short form
  1 11 certification of certificates or records, or.
  1 12    b.  The state registrar shall collect fees for a search of
  1 13 the files or records when no copy is made, or when no record
  1 14 is found on file.
  1 15    2.  Fees collected by the state registrar and by the county
  1 16 registrar on behalf of the state under this section shall be
  1 17 deposited in the general fund of the state.  Fees collected by
  1 18 the county registrar pursuant to section 331.605, subsection
  1 19 6, shall be deposited in the county general fund.  A fee shall
  1 20 not be collected from a political subdivision or agency of
  1 21 this state.
  1 22    Sec. 2.  Section 331.605, subsections 6 and 7, Code 2007,
  1 23 are amended to read as follows:
  1 24    6.  A county fee of four dollars in an amount equal to
  1 25 forty percent of the fee collected by the county registrar
  1 26 pursuant to section 144.46 for a certified copy of a birth
  1 27 record, death record, or marriage certificate.
  1 28    7.  For filing an application for the license to marry,
  1 29 thirty=five dollars, which includes payment for one certified
  1 30 copy of the original certificate of marriage,.  From this
  1 31 amount, the county shall retain a fee pursuant to subsection 6
  1 32 for a certified copy of a marriage certificate to be issued
  1 33 following filing of the original certificate of marriage, four
  1 34 dollars of which shall be retained by the county pursuant to
  1 35 subsection 6.  For issuing an application for an order of the
  2  1 district court authorizing the validation of a license to
  2  2 marry before the expiration of three days from the date of
  2  3 issuance of the license, five dollars.  The district court
  2  4 shall authorize the early validation of a marriage license
  2  5 without the payment of any fees imposed in this subsection
  2  6 upon showing that the applicant is unable to pay the fees.
  2  7    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of
  2  8 immediate importance, takes effect upon enactment.
  2  9                           EXPLANATION
  2 10    This bill relates to the fees collected by county recorders
  2 11 for certain vital records services.  The department of public
  2 12 health is required by rule to establish fees to be collected
  2 13 by the state registrar and the county registrars on behalf of
  2 14 the state.  The bill requires only the state registrar, and
  2 15 not the county recorders, to collect fees for record searches
  2 16 if no record is found or no copy is made.
  2 17    The county recorder currently collects a county fee for
  2 18 certified copies of a birth record, death record, or marriage
  2 19 certificate which are deposited to the county general fund.
  2 20 The bill increases the amount of the fee that the county
  2 21 recorder can retain from $4 for each record or certificate to
  2 22 40 percent of the fee collected by the county recorder
  2 23 pursuant to the rules adopted by department of public health
  2 24 for certified copies.
  2 25    The bill takes effect upon enactment.
  2 26 LSB 1035YH 82
  2 27 eg:rj/cf/24