SSB 1108 (LSB 1723XC (3) 85)

SENATE FILE _____

BY  (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON WILHELM)

A BILL FOR

An Act relating to fees collected by a county recorder or the governing board of the county land record information system.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.605B, subsection 2, Code 2013, is amended to read as follows:
   2.  A recorder or the governing board of the county land record information system shall collect only statutorily authorized fees for land records management. A recorder or the
 
The governing board of the county land record information system shall not collect a fee for
 
searching, viewing, accessing, or printing
 
individual documents in the county land record information system unless specifically authorized by statute. However, a recorder or the governing board of the county land record information system may collect actual third-party fees associated with accepting and processing statutorily authorized fees, including credit card fees, treasury management fees, and other transaction fees required to enable electronic payment
 
fees for services that provide access to land record information on a batch basis, enable electronic filing, or for providing other internet-based services. For the purposes of this subsection, the term “third-party” does not include the county land record information system, the Iowa state association of counties, or any of the association’s affiliates.
EXPLANATION
   This bill relates to fees collected by a county recorder or the governing board of the county land record information system.
   Current law provides that a recorder or the governing board of the county land record information system shall only collect fees authorized by statute and that a fee shall not be collected for viewing, accessing, or printing documents in the county land record information system unless such a fee is authorized by statute. Current law further provides that a recorder or the governing board of the county land record information system may collect certain third-party fees associated with payment of recorder or county land record information fees.
   The bill provides that the governing board may collect fees for services which provide access to land record information on a batch basis, enable electronic filing, or for providing other internet-based services. The bill removes the county recorder from the grants and limitations of authority related to the collection of fees contained in Code section 331.605B, subsection 2. The bill strikes the authority to collect certain third-party fees associated with payment of recorder or county land record information fees. The bill further provides that a fee shall not be collected by a governing board for searching, viewing, accessing, or printing individual documents in the county land record information system.