Senate
Study
Bill
3127
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
WILHELM)
A
BILL
FOR
An
Act
relating
to
county
recorder
duties,
fees,
and
1
recordkeeping.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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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
keep
and
maintain
a
an
25
electronic
record
of
any
certificate
of
title
which
the
county
26
recorder
issues
and
shall
keep
each
certificate
of
title
on
27
record
until
the
certificate
of
title
has
been
inactive
for
28
five
years.
When
issuing
a
title
for
a
new
snowmobile,
the
29
county
recorder
shall
obtain
and
keep
the
certificate
of
origin
30
on
file
a
copy
of
the
certificate
of
origin
.
When
issuing
a
31
title
and
registration
for
a
used
snowmobile
for
which
there
is
32
no
title
or
registration,
the
county
recorder
shall
obtain
and
33
keep
on
file
the
affidavit
for
the
unregistered
and
untitled
34
snowmobile.
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Sec.
4.
Section
321G.30,
subsection
1,
Code
2014,
is
amended
1
to
read
as
follows:
2
1.
The
county
recorder
shall
charge
a
ten
dollar
fee
to
3
issue
a
certificate
of
title,
a
transfer
of
title,
a
duplicate,
4
or
a
corrected
certificate
of
title
plus
a
writing
fee
as
5
provided
in
section
321G.27
.
6
Sec.
5.
Section
321G.32,
subsection
1,
paragraph
a,
Code
7
2014,
is
amended
to
read
as
follows:
8
a.
To
perfect
the
security
interest,
an
application
for
9
security
interest
must
be
presented
along
with
the
original
10
title.
The
county
recorder
shall
note
the
security
interest
on
11
the
face
of
the
title
and
on
in
the
copy
in
electronic
record
12
maintained
by
the
recorder’s
office.
13
Sec.
6.
Section
321I.1,
Code
2014,
is
amended
by
adding
the
14
following
new
subsection:
15
NEW
SUBSECTION
.
10A.
“Document”
means
an
all-terrain
16
vehicle
certificate
of
title,
vehicle
registration
or
17
registration
renewal,
user
permit,
or
duplicate
special
18
registration
certificate
issued
by
the
county
recorder’s
19
office.
20
Sec.
7.
Section
321I.29,
subsection
1,
Code
2014,
is
amended
21
to
read
as
follows:
22
1.
a.
The
county
recorder
shall
collect
a
writing
fee
of
23
one
dollar
and
twenty-five
cents
for
an
all-terrain
vehicle
24
registration
or
for
renewal
of
a
registration
each
document
25
issued
by
the
county
recorder’s
office.
26
b.
The
county
recorder
shall
retain
a
writing
fee
of
one
27
dollar
and
twenty-five
cents
from
the
sale
of
each
user
permit
28
issued
by
the
county
recorder’s
office.
29
c.
The
county
recorder
shall
collect
a
writing
fee
of
30
one
dollar
and
twenty-five
cents
for
each
duplicate
special
31
registration
certificate
issued
by
the
county
recorder’s
32
office.
33
d.
b.
Writing
fees
collected
or
retained
by
the
county
34
recorder
under
this
chapter
shall
be
deposited
in
the
general
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fund
of
the
county.
1
Sec.
8.
Section
321I.31,
subsection
7,
Code
2014,
is
amended
2
to
read
as
follows:
3
7.
The
county
recorder
shall
keep
and
maintain
a
an
4
electronic
record
of
any
certificate
of
title
which
the
5
county
recorder
issues
and
shall
keep
each
certificate
of
6
title
on
record
until
the
certificate
of
title
has
been
7
inactive
for
five
years.
When
issuing
a
title
for
a
new
8
all-terrain
vehicle,
the
county
recorder
shall
obtain
and
keep
9
the
certificate
of
origin
on
file
a
copy
of
the
certificate
10
of
origin
.
When
issuing
a
title
and
registration
for
a
11
used
all-terrain
vehicle
for
which
there
is
no
title
or
12
registration,
the
county
recorder
shall
obtain
and
keep
on
file
13
the
affidavit
for
the
unregistered
and
untitled
all-terrain
14
vehicle.
15
Sec.
9.
Section
321I.32,
subsection
1,
Code
2014,
is
amended
16
to
read
as
follows:
17
1.
The
county
recorder
shall
charge
a
ten
dollar
fee
to
18
issue
a
certificate
of
title,
a
transfer
of
title,
a
duplicate,
19
or
a
corrected
certificate
of
title
plus
a
writing
fee
as
20
provided
in
section
321I.29
.
21
Sec.
10.
Section
321I.34,
subsection
1,
paragraph
a,
Code
22
2014,
is
amended
to
read
as
follows:
23
a.
To
perfect
the
security
interest,
an
application
for
24
security
interest
must
be
presented
along
with
the
original
25
title.
The
county
recorder
shall
note
the
security
interest
on
26
the
face
of
the
title
and
on
in
the
copy
in
electronic
record
27
maintained
by
the
recorder’s
office.
28
Sec.
11.
Section
331.602,
subsection
39,
Code
2014,
is
29
amended
to
read
as
follows:
30
39.
Accept
applications
for
passports
if
approved
to
accept
31
such
applications
by
the
United
States
department
of
state
.
32
Sec.
12.
Section
359A.10,
Code
2014,
is
amended
to
read
as
33
follows:
34
359A.10
Entry
and
record
of
orders.
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Such
orders,
decisions,
notices,
and
returns
shall
be
1
entered
of
record
at
length
by
the
township
clerk,
and
a
copy
2
thereof
certified
by
the
township
clerk
to
the
county
recorder,
3
who
shall
record
the
same
in
the
recorder’s
office
in
a
book
4
kept
for
that
purpose
the
manner
specified
in
sections
558.49
5
and
558.52
,
and
index
such
record
in
the
name
of
each
adjoining
6
owner
as
grantor
to
the
other.
The
county
recorder
shall
7
collect
fees
specified
in
section
331.604
.
8
Sec.
13.
Section
462A.5,
subsection
1,
paragraph
a,
Code
9
2014,
is
amended
to
read
as
follows:
10
a.
The
owner
of
the
vessel
shall
file
an
application
11
for
registration
with
the
appropriate
county
recorder
on
12
forms
provided
by
the
commission.
The
application
shall
be
13
completed
and
signed
by
the
owner
of
the
vessel
and
shall
14
be
accompanied
by
the
appropriate
fee,
and
the
writing
fee
15
specified
in
section
462A.53
.
Upon
applying
for
registration,
16
the
owner
shall
display
a
bill
of
sale,
receipt,
or
other
17
satisfactory
proof
of
ownership
as
provided
by
the
rules
of
the
18
commission
to
the
county
recorder.
If
the
county
recorder
is
19
not
satisfied
as
to
the
ownership
of
the
vessel
or
that
there
20
are
no
undisclosed
security
interests
in
the
vessel,
the
county
21
recorder
may
register
the
vessel
but
shall,
as
a
condition
of
22
issuing
a
registration
certificate,
require
the
applicant
to
23
follow
the
procedure
provided
in
section
462A.5A
.
Upon
receipt
24
of
the
application
in
approved
form
accompanied
by
the
required
25
fees,
the
county
recorder
shall
enter
it
upon
the
records
26
of
the
recorder’s
office
and
shall
issue
to
the
applicant
a
27
pocket-size
registration
certificate.
The
certificate
shall
28
be
executed
in
triplicate,
one
copy
to
be
and
delivered
to
the
29
owner
,
one
copy
to
the
commission,
and
one
copy
to
be
retained
30
on
file
by
the
county
recorder
.
The
county
recorder
shall
31
keep
and
maintain
an
electronic
record
of
each
registration
32
certificate
issued
by
the
county
recorder
under
this
chapter.
33
The
registration
certificate
shall
bear
the
number
awarded
34
to
the
vessel,
the
passenger
capacity
of
the
vessel,
and
the
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name
and
address
of
the
owner.
In
the
use
of
all
vessels
1
except
nonpowered
sailboats,
nonpowered
canoes,
and
commercial
2
vessels,
the
registration
certificate
shall
be
carried
either
3
in
the
vessel
or
on
the
person
of
the
operator
of
the
vessel
4
when
in
use.
In
the
use
of
nonpowered
sailboats,
nonpowered
5
canoes,
or
commercial
vessels,
the
registration
certificate
6
may
be
kept
on
shore
in
accordance
with
rules
adopted
by
the
7
commission.
The
operator
shall
exhibit
the
certificate
to
a
8
peace
officer
upon
request
or,
when
involved
in
an
occurrence
9
of
any
nature
with
another
vessel
or
other
personal
property,
10
to
the
owner
or
operator
of
the
other
vessel
or
personal
11
property.
12
Sec.
14.
Section
462A.5,
subsection
4,
paragraphs
a
and
d,
13
Code
2014,
are
amended
to
read
as
follows:
14
a.
If
a
person,
after
registering
a
vessel,
moves
from
15
the
address
shown
on
the
registration
certificate,
the
person
16
shall,
within
ten
days,
notify
the
county
recorder
in
writing
17
of
the
old
and
new
address.
If
appropriate,
the
county
18
recorder
shall
forward
all
past
records
of
the
vessel
to
the
19
recorder
of
the
county
in
which
the
owner
resides.
20
d.
If
a
registration
certificate
is
lost,
mutilated
or
21
becomes
illegible,
the
owner
shall
immediately
make
application
22
for
and
obtain
a
duplicate
registration
certificate
by
23
furnishing
information
satisfactory
to
the
county
recorder.
A
24
fee
of
one
dollar
plus
a
writing
fee
shall
be
paid
to
the
county
25
recorder
for
may
issue
a
duplicate
registration
certificate
26
upon
payment
of
one
dollar
plus
a
writing
fee
as
provided
in
27
section
462A.53
.
28
Sec.
15.
Section
462A.77,
subsection
7,
Code
2014,
is
29
amended
to
read
as
follows:
30
7.
The
county
recorder
shall
keep
and
maintain
a
an
31
electronic
record
of
any
each
certificate
of
title
which
issued
32
by
the
county
recorder
issues
and
shall
keep
each
certificate
33
of
title
on
record
under
this
chapter
until
the
certificate
of
34
title
has
been
inactive
for
five
years.
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Sec.
16.
Section
462A.84,
subsection
1,
paragraph
a,
Code
1
2014,
is
amended
to
read
as
follows:
2
a.
To
perfect
the
security
interest,
an
application
for
3
security
interest
must
be
presented
along
with
the
original
4
title.
The
county
recorder
shall
note
the
security
interest
on
5
the
face
of
the
title
and
on
in
the
copy
in
electronic
record
6
maintained
by
the
recorder’s
office.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
relates
to
certain
county
recorder
fees
and
11
recordkeeping.
12
The
bill
makes
technical
changes
related
to
the
writing
13
fees
collected
for
the
issuance
of
registrations,
registration
14
renewals,
user
permits,
and
duplicate
special
registration
15
certificates
charged
by
a
county
recorder
for
snowmobiles
and
16
all-terrain
vehicles.
The
bill
also
requires
that
a
county
17
recorder
collect
a
writing
fee
of
$1.25
for
each
certificate
of
18
title
issued
by
the
recorder
for
snowmobiles
and
all-terrain
19
vehicles.
20
The
bill
makes
changes
to
the
recordkeeping
requirements
for
21
certificates
of
title
for
snowmobiles,
all-terrain
vehicles,
22
and
boats.
Under
current
law,
the
county
recorder
is
required
23
to
keep
a
physical
record
of
such
documents.
The
bill
requires
24
that
the
county
recorder
keep
and
maintain
such
records
25
electronically.
The
bill
makes
corresponding
changes
related
26
to
electronically
noting
security
interests
for
snowmobiles,
27
all-terrain
vehicles,
and
boats.
28
The
bill
modifies
the
current
requirement
that
a
county
29
recorder
accept
passport
applications
by
providing
that
the
30
recorder
may
do
so
only
if
the
county
recorder
is
approved
by
31
the
United
States
department
of
state
to
accept
applications.
32
Under
current
law,
a
county
recorder
is
required
to
enter
and
33
record
certain
orders,
decisions,
notices,
and
returns
related
34
to
township
fences
in
a
book
kept
for
that
purpose.
The
bill
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provides
instead
that
such
orders,
decisions,
notices,
and
1
returns
be
recorded
in
the
same
manner
as
conveyances,
which
is
2
by
index
records
and
alphabetical
arrangement.
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