H.F. 561 Section 1. Section 331.602, Code 2015, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 4. Carry out duties relating to access 3 to online electronic services, including participation and 4 compliance with the policies and procedures established by the 5 governing board of the county land record information system 6 pursuant to section 331.604, subsection 3, and including but 7 not limited to the policies, procedures, and duties specified 8 in this section and section 331.603. 9 Sec. 2. Section 331.604, subsection 3, paragraphs a, b, and 10 d, Code 2015, are amended to read as follows: 11 a. Each county shall participate in the county land record 12 information system and shall comply with the policies and 13 procedures established by the governing board of the county 14 land record information system , which participation shall be 15 established pursuant to an agreement entered into under chapter 16 28E by all counties in this state . 17 b. (1) For the period beginning July 1, 2004, and ending 18 June 30, 2009, the The county recorder shall also collect a 19 fee of one dollar two dollars for each recorded transaction, 20 regardless of the number of pages, for which a fee is paid 21 pursuant to subsection 1 to be used for the purpose set forth 22 in paragraph “d” . 23 (2) For the period beginning July 1, 2009, and ending 24 June 30, 2011, the recorder shall also collect a fee of three 25 dollars for each recorded transaction, regardless of the number 26 of pages, for which a fee is paid pursuant to subsection 1 to be 27 used for the following purposes: 28 (a) Maintaining the statewide internet site and the county 29 land record information system. 30 (b) Integrating information contained in documents and 31 records maintained by the recorder and other land record 32 information from other sources with the county land record 33 information system. 34 (c) Implementing and maintaining a process for redacting 35 -1- LSB 1744HV (3) 86 aw/sc 1/ 4

H.F. 561 personally identifiable information contained in electronic 1 documents that are displayed for public access through an 2 internet site or that are transferred to another person. 3 (3) Beginning July 1, 2011, the recorder shall also collect 4 a fee of one dollar for each recorded transaction, regardless 5 of the number of pages, for which a fee is paid pursuant to 6 subsection 1 to be used for the purposes in subparagraph (2) 7 and for the following purposes: 8 (a) (d) Establishing and implementing standards for 9 recording, processing, and archiving electronic documents and 10 records , including standards for local land records management 11 systems . 12 (b) (e) Expanding access to records by encouraging 13 electronic indexing and scanning of documents and instruments 14 recorded in prior years. 15 (4) Notwithstanding subparagraph (2), the fee collected 16 by the recorder under this subsection for recording a plat of 17 survey is one dollar, regardless of the number of pages. For 18 purposes of this subparagraph, “plat of survey” means the same 19 as defined in section 355.1, subsection 9 . 20 (5) (2) Fees collected in excess of the amount needed 21 for the purposes specified in this subsection shall be used 22 by the county land record information system to reduce or 23 eliminate service fees for electronic submission of documents 24 and instruments as described in section 331.605B . 25 d. The local government electronic transaction fund is 26 established in the office of the treasurer of state under the 27 control of the treasurer of state. Moneys deposited into the 28 fund are not subject to section 8.33 . Notwithstanding section 29 12C.7 , interest or earnings on moneys in the local government 30 electronic transaction fund shall be credited to the fund. 31 Moneys in the local government electronic transaction fund 32 are not subject to transfer, appropriation, or reversion to 33 any other fund, or any other use except as provided in this 34 subsection . On a monthly basis, the county treasurer shall 35 -2- LSB 1744HV (3) 86 aw/sc 2/ 4

H.F. 561 pay the fees deposited into the county recorder’s electronic 1 transaction fund to the treasurer of state for deposit into 2 the local government electronic transaction fund. Moneys 3 credited to the local government electronic transaction fund 4 are appropriated to the treasurer of state for the payment 5 of claims approved by the governing board of the county land 6 record information system. Except as otherwise provided in 7 this subsection , expenditures from the fund shall be for the 8 purpose of planning and implementing electronic recording and 9 electronic transactions in each county, developing county 10 and statewide internet sites to provide electronic access 11 to records and information, and to pay the ongoing costs of 12 integrating and maintaining the statewide internet site. 13 Sec. 3. Section 331.605B, subsection 2, Code 2015, is 14 amended to read as follows: 15 2. a. A recorder or the governing board of the county 16 land record information system shall collect only statutorily 17 authorized fees for land records management. A recorder or the 18 governing board of the county land record information system 19 shall not collect a fee for viewing, accessing, or printing 20 documents in the county land record information system unless 21 specifically authorized by statute. However, a A recorder 22 or the governing board of the county land record information 23 system may collect actual third-party fees associated 24 with accepting and processing statutorily authorized fees, 25 including credit card fees, treasury management fees, and other 26 transaction fees required to enable electronic payment. For 27 the purposes of this subsection , the term “third-party” does 28 not include the county land record information system, the Iowa 29 state association of counties, or any of the association’s 30 affiliates a fee for costs related to the use of credit cards 31 and debit cards . 32 b. The provisions of this subsection shall be subject to 33 legislative review at least every five years. 34 EXPLANATION 35 -3- LSB 1744HV (3) 86 aw/sc 3/ 4

H.F. 561 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill relates to county recorder duties and fees. 3 The bill requires county recorders to carry out duties 4 relating to access to online electronic services in accordance 5 with policies and procedures established by the governing board 6 of the county land record information system, and including but 7 not limited to the current statutory policies, procedures, and 8 duties relating to land records. 9 The bill provides that participation in the county land 10 record information system shall be established pursuant to 11 an agreement entered into by all counties in this state and 12 makes changes to what constitutes allowable expenditures 13 from the local government electronic transaction fund. The 14 bill requires that the county recorder collect a $2 fee for 15 each recorded transaction to be used for purposes currently 16 specified in statute. Under current law, the fee is set at $1. 17 The bill also specifies an additional allowable use of such 18 fees, for establishing and implementing standards for local 19 land records management systems. 20 Under current law, a county recorder or the governing board 21 of the county land record information system is authorized to 22 collect any actual third-party fees associated with accepting 23 and processing payment of fees the recorder or system is 24 authorized to collect. The bill, however, strikes that 25 provision and instead provides that a recorder or the governing 26 board of the county land record information system may collect 27 a fee for costs related to the use of credit cards and debit 28 cards. The bill further requires that the legislature review 29 the provisions of Code section 331.605B, subsection 2, every 30 five years. 31 -4- LSB 1744HV (3) 86 aw/sc 4/ 4