House
Study
Bill
166
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
KOESTER)
A
BILL
FOR
An
Act
relating
to
county
recorder
duties
and
fees.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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1744HC
(6)
86
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H.F.
_____
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
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_____
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
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_____
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
recorder
or
the
governing
board
of
the
county
land
16
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
a
fee
for
service
relating
to
the
electronic
24
submission
of
documents
for
recording.
A
recorder
or
the
25
governing
board
of
the
county
land
record
information
system
26
may
collect
actual
third-party
fees
associated
with
accepting
27
and
processing
statutorily
authorized
fees,
including
credit
28
card
fees,
treasury
management
fees,
and
other
transaction
and
29
service
fees
required
to
enable
or
manage
electronic
payment.
30
However,
for
the
period
beginning
July
1,
2015,
and
ending
31
June
30,
2018,
a
recorder
or
the
governing
board
of
the
county
32
land
record
information
system
shall
not
collect
a
fee
for
33
electronic
submission
or
third-party
fees
from
a
customer
who
34
makes
payment
through
an
automated
clearing
house
payment
35
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_____
system.
Beginning
July
1,
2018,
a
recorder
or
the
governing
1
board
of
the
county
land
record
information
system
may
collect
2
a
fee
for
electronic
submission
of
a
document
and
third-party
3
fees
from
a
customer
who
makes
payment
through
an
automated
4
clearing
house
payment
system,
but
such
a
fee
shall
not
exceed
5
fifty
cents
per
document.
For
the
purposes
of
this
subsection
,
6
the
term
“third-party”
does
not
include
the
county
land
record
7
information
system,
the
Iowa
state
association
of
counties,
or
8
any
of
the
association’s
affiliates.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
relates
to
county
recorder
duties
and
fees.
13
The
bill
requires
county
recorders
to
carry
out
duties
14
relating
to
access
to
online
electronic
services
in
accordance
15
with
policies
and
procedures
established
by
the
governing
board
16
of
the
county
land
record
information
system,
and
including
but
17
not
limited
to
the
current
statutory
policies,
procedures,
and
18
duties
relating
to
land
records.
19
The
bill
provides
that
participation
in
the
county
land
20
record
information
system
shall
be
established
pursuant
to
21
an
agreement
entered
into
by
all
counties
in
this
state
and
22
makes
changes
to
what
constitutes
allowable
expenditures
23
from
the
local
government
electronic
transaction
fund.
The
24
bill
requires
that
the
county
recorder
collect
a
$2
fee
for
25
each
recorded
transaction
to
be
used
for
purposes
currently
26
specified
in
statute.
Under
current
law,
the
fee
is
set
at
$1.
27
The
bill
also
specifies
an
additional
allowable
use
of
such
28
fees,
for
establishing
and
implementing
standards
for
local
29
land
records
management
systems.
30
Under
current
law,
a
county
recorder
or
the
governing
board
31
of
the
county
land
record
information
system
is
authorized
to
32
collect
any
actual
third-party
fees
associated
with
accepting
33
and
processing
payment
of
fees
the
recorder
or
system
is
34
authorized
to
collect.
The
bill,
however,
prohibits
a
recorder
35
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_____
or
the
governing
board
of
the
county
land
record
information
1
system
from
collecting
a
fee
for
electronic
submission
or
2
third-party
fees
from
a
customer
who
makes
payment
through
an
3
automated
clearing
house
payment
system
during
the
period
from
4
July
1,
2015,
through
June
30,
2018.
The
bill
also
provides
5
that
beginning
July
1,
2018,
a
recorder
or
the
governing
board
6
of
the
county
land
record
information
system
may
collect
a
fee
7
for
electronic
submission
and
third-party
fees
from
a
customer
8
who
makes
payment
through
an
automated
clearing
house
payment
9
system,
but
the
bill
provides
that
such
a
fee
shall
not
exceed
10
50
cents
per
document.
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