House File 2267 - Introduced HOUSE FILE 2267 BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO HSB 604) A BILL FOR An Act relating to county recorder duties, fees, and records 1 maintenance. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5598HV (2) 85 aw/sc
H.F. 2267 Section 1. Section 321G.1, Code 2014, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 9A. “Document” means a snowmobile 3 certificate of title, registration certificate or registration 4 renewal, user permit, or duplicate special registration 5 certificate issued by the county recorder’s office. 6 Sec. 2. Section 321G.27, subsection 1, Code 2014, is amended 7 to read as follows: 8 1. a. The county recorder shall collect a writing fee of 9 one dollar and twenty-five cents for a snowmobile registration 10 or for renewal of a registration each document issued by the 11 county recorder’s office. 12 b. The county recorder shall retain a writing fee of one 13 dollar and twenty-five cents from the sale of each user permit 14 issued by the county recorder’s office. 15 c. The county recorder shall collect a writing fee of 16 one dollar and twenty-five cents for each duplicate special 17 registration certificate issued by the county recorder’s 18 office. 19 d. b. Writing fees collected or retained by the county 20 recorder under this chapter shall be deposited in the general 21 fund of the county. 22 Sec. 3. Section 321G.29, subsection 7, Code 2014, is amended 23 to read as follows: 24 7. The county recorder shall maintain a an electronic record 25 of any certificate of title which the county recorder issues 26 and shall keep each certificate of title on record until the 27 certificate of title has been inactive for five years. When 28 issuing a title for a new snowmobile, the county recorder shall 29 obtain and keep the certificate of origin on file a copy of the 30 certificate of origin . When issuing a title and registration 31 for a used snowmobile for which there is no title or 32 registration, the county recorder shall obtain and keep on file 33 the affidavit for the unregistered and untitled snowmobile. 34 Sec. 4. Section 321G.30, subsection 1, Code 2014, is amended 35 -1- LSB 5598HV (2) 85 aw/sc 1/ 7
H.F. 2267 to read as follows: 1 1. The county recorder shall charge a ten dollar fee to 2 issue a certificate of title, a transfer of title, a duplicate, 3 or a corrected certificate of title plus a writing fee as 4 provided in section 321G.27 . 5 Sec. 5. Section 321G.32, subsection 1, paragraph a, Code 6 2014, is amended to read as follows: 7 a. To perfect the security interest, an application for 8 security interest must be presented along with the original 9 title. The county recorder shall note the security interest on 10 the face of the title and on in the copy in electronic record 11 maintained by the recorder’s office. 12 Sec. 6. Section 321I.1, Code 2014, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 10A. “Document” means an all-terrain 15 vehicle certificate of title, vehicle registration or 16 registration renewal, user permit, or duplicate special 17 registration certificate issued by the county recorder’s 18 office. 19 Sec. 7. Section 321I.29, subsection 1, Code 2014, is amended 20 to read as follows: 21 1. a. The county recorder shall collect a writing fee of 22 one dollar and twenty-five cents for an all-terrain vehicle 23 registration or for renewal of a registration each document 24 issued by the county recorder’s office. 25 b. The county recorder shall retain a writing fee of one 26 dollar and twenty-five cents from the sale of each user permit 27 issued by the county recorder’s office. 28 c. The county recorder shall collect a writing fee of 29 one dollar and twenty-five cents for each duplicate special 30 registration certificate issued by the county recorder’s 31 office. 32 d. b. Writing fees collected or retained by the county 33 recorder under this chapter shall be deposited in the general 34 fund of the county. 35 -2- LSB 5598HV (2) 85 aw/sc 2/ 7
H.F. 2267 Sec. 8. Section 321I.31, subsection 7, Code 2014, is amended 1 to read as follows: 2 7. The county recorder shall maintain a an electronic record 3 of any certificate of title which the county recorder issues 4 and shall keep each certificate of title on record until the 5 certificate of title has been inactive for five years. When 6 issuing a title for a new all-terrain vehicle, the county 7 recorder shall obtain and keep the certificate of origin on 8 file a copy of the certificate of origin . When issuing a title 9 and registration for a used all-terrain vehicle for which 10 there is no title or registration, the county recorder shall 11 obtain and keep on file the affidavit for the unregistered and 12 untitled all-terrain vehicle. 13 Sec. 9. Section 321I.32, subsection 1, Code 2014, is amended 14 to read as follows: 15 1. The county recorder shall charge a ten dollar fee to 16 issue a certificate of title, a transfer of title, a duplicate, 17 or a corrected certificate of title plus a writing fee as 18 provided in section 321I.29 . 19 Sec. 10. Section 321I.34, subsection 1, paragraph a, Code 20 2014, is amended to read as follows: 21 a. To perfect the security interest, an application for 22 security interest must be presented along with the original 23 title. The county recorder shall note the security interest on 24 the face of the title and on in the copy in electronic record 25 maintained by the recorder’s office. 26 Sec. 11. Section 331.602, subsection 39, Code 2014, is 27 amended to read as follows: 28 39. Accept applications for passports if approved to accept 29 such applications by the United States department of state . 30 Sec. 12. Section 359A.10, Code 2014, is amended to read as 31 follows: 32 359A.10 Entry and record of orders. 33 Such orders, decisions, notices, and returns shall be 34 entered of record at length by the township clerk, and a copy 35 -3- LSB 5598HV (2) 85 aw/sc 3/ 7
H.F. 2267 thereof certified by the township clerk to the county recorder, 1 who shall record the same in the recorder’s office in a book 2 kept for that purpose the manner specified in sections 558.49 3 and 558.52 , and index such record in the name of each adjoining 4 owner as grantor to the other. The county recorder shall 5 collect fees specified in section 331.604 . 6 Sec. 13. Section 462A.5, subsection 1, paragraph a, Code 7 2014, is amended to read as follows: 8 a. The owner of the vessel shall file an application 9 for registration with the appropriate county recorder on 10 forms provided by the commission. The application shall be 11 completed and signed by the owner of the vessel and shall 12 be accompanied by the appropriate fee, and the writing fee 13 specified in section 462A.53 . Upon applying for registration, 14 the owner shall display a bill of sale, receipt, or other 15 satisfactory proof of ownership as provided by the rules of 16 the commission to the county recorder. If the county recorder 17 is not satisfied as to the ownership of the vessel or that 18 there are no undisclosed security interests in the vessel, 19 the county recorder may register the vessel but shall, as a 20 condition of issuing a registration certificate, require the 21 applicant to follow the procedure provided in section 462A.5A . 22 Upon receipt of the application in approved form accompanied 23 by the required fees, the county recorder shall enter it 24 upon the records of the recorder’s office and shall issue to 25 the applicant a pocket-size registration certificate. The 26 certificate shall be executed in triplicate, one copy to be 27 and delivered to the owner , one copy to the commission, and 28 one copy to be retained on file by the county recorder . The 29 county recorder shall maintain an electronic record of each 30 registration certificate issued by the county recorder under 31 this chapter. The registration certificate shall bear the 32 number awarded to the vessel, the passenger capacity of the 33 vessel, and the name and address of the owner. In the use of 34 all vessels except nonpowered sailboats, nonpowered canoes, 35 -4- LSB 5598HV (2) 85 aw/sc 4/ 7
H.F. 2267 and commercial vessels, the registration certificate shall be 1 carried either in the vessel or on the person of the operator 2 of the vessel when in use. In the use of nonpowered sailboats, 3 nonpowered canoes, or commercial vessels, the registration 4 certificate may be kept on shore in accordance with rules 5 adopted by the commission. The operator shall exhibit the 6 certificate to a peace officer upon request or, when involved 7 in an occurrence of any nature with another vessel or other 8 personal property, to the owner or operator of the other vessel 9 or personal property. 10 Sec. 14. Section 462A.5, subsection 4, paragraphs a and d, 11 Code 2014, are amended to read as follows: 12 a. If a person, after registering a vessel, moves from 13 the address shown on the registration certificate, the person 14 shall, within ten days, notify the county recorder in writing 15 of the old and new address. If appropriate, the county 16 recorder shall forward all past records of the vessel to the 17 recorder of the county in which the owner resides. 18 d. If a registration certificate is lost, mutilated or 19 becomes illegible, the owner shall immediately make application 20 for and obtain a duplicate registration certificate by 21 furnishing information satisfactory to the county recorder. A 22 fee of one dollar plus a writing fee shall be paid to the county 23 recorder for may issue a duplicate registration certificate 24 upon payment of one dollar plus a writing fee as provided in 25 section 462A.53 . 26 Sec. 15. Section 462A.77, subsection 7, Code 2014, is 27 amended to read as follows: 28 7. The county recorder shall maintain a an electronic record 29 of any each certificate of title which issued by the county 30 recorder issues and shall keep each certificate of title on 31 record under this chapter until the certificate of title has 32 been inactive for five years. 33 Sec. 16. Section 462A.84, subsection 1, paragraph a, Code 34 2014, is amended to read as follows: 35 -5- LSB 5598HV (2) 85 aw/sc 5/ 7
H.F. 2267 a. To perfect the security interest, an application for 1 security interest must be presented along with the original 2 title. The county recorder shall note the security interest on 3 the face of the title and on in the copy in electronic record 4 maintained by the recorder’s office. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to certain county recorder fees and 9 records maintenance. 10 The bill makes technical changes related to the writing 11 fees collected for the issuance of registrations, registration 12 renewals, user permits, and duplicate special registration 13 certificates charged by a county recorder for snowmobiles and 14 all-terrain vehicles. The bill also requires that a county 15 recorder collect a writing fee of $1.25 for each certificate of 16 title issued by the recorder for snowmobiles and all-terrain 17 vehicles. 18 The bill makes changes to the records maintenance 19 requirements for certificates of title for snowmobiles, 20 all-terrain vehicles, and boats. Under current law, the 21 county recorder is required to keep a physical record of such 22 documents. The bill requires that the county recorder maintain 23 such records electronically. The bill makes corresponding 24 changes related to electronically noting security interests for 25 snowmobiles, all-terrain vehicles, and boats. 26 The bill modifies the current requirement that a county 27 recorder accept passport applications by providing that the 28 recorder may do so only if the county recorder is approved by 29 the United States department of state to accept applications. 30 Under current law, a county recorder is required to enter and 31 record certain orders, decisions, notices, and returns related 32 to township fences in a book kept for that purpose. The bill 33 provides instead that such orders, decisions, notices, and 34 returns be recorded in the same manner as conveyances, which is 35 -6- LSB 5598HV (2) 85 aw/sc 6/ 7
H.F. 2267 by index records and alphabetical arrangement. 1 -7- LSB 5598HV (2) 85 aw/sc 7/ 7