House Study Bill 197 - 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 TLSB 2267YC (1) 86 aw/sc
H.F. _____ Section 1. Section 321G.27, subsection 1, Code 2015, is 1 amended to read as follows: 2 1. a. The county recorder shall collect a writing fee of 3 one dollar and twenty-five cents for a snowmobile registration 4 or for renewal of a registration each document issued by the 5 county recorder’s office. 6 b. The county recorder shall retain a writing fee of one 7 dollar and twenty-five cents from the sale of each user permit 8 issued by the county recorder’s office. 9 c. The county recorder shall collect a writing fee of 10 one dollar and twenty-five cents for each duplicate special 11 registration certificate issued by the county recorder’s 12 office. 13 d. b. Writing fees collected or retained by the county 14 recorder under this chapter shall be deposited in the general 15 fund of the county. 16 Sec. 2. Section 321G.32, subsection 3, Code 2015, is amended 17 to read as follows: 18 3. a. When a security interest is discharged, the secured 19 party shall note the cancellation of the security interest on 20 the face of the certificate of title and send the title by 21 first class mail to the office of the county recorder where the 22 title was issued. The county recorder shall note the release 23 of the security interest on the face of the certificate of 24 title. If the title has been lost or destroyed, the secured 25 party may discharge the security interest by sending a signed, 26 notarized statement to the office of the county recorder where 27 the title was issued. 28 b. The county recorder shall note the release of the 29 a security interest in the county records and attach the 30 statement to the certificate of title as evidence of the 31 release of the security interest electronic record maintained 32 by the recorder’s office . 33 Sec. 3. Section 321I.1, subsection 11, Code 2015, is amended 34 to read as follows: 35 -1- LSB 2267YC (1) 86 aw/sc 1/ 4
H.F. _____ 11. “Document” means an all-terrain vehicle certificate 1 of title, vehicle registration certificate or registration 2 renewal, user permit, or duplicate special registration 3 certificate issued by the county recorder’s office. 4 Sec. 4. Section 321I.29, subsection 1, Code 2015, is amended 5 to read as follows: 6 1. a. The county recorder shall collect a writing fee of 7 one dollar and twenty-five cents for an all-terrain vehicle 8 registration or for renewal of a registration each document 9 issued by the county recorder’s office. 10 b. The county recorder shall retain a writing fee of one 11 dollar and twenty-five cents from the sale of each user permit 12 issued by the county recorder’s office. 13 c. The county recorder shall collect a writing fee of 14 one dollar and twenty-five cents for each duplicate special 15 registration certificate issued by the county recorder’s 16 office. 17 d. b. Writing fees collected or retained by the county 18 recorder under this chapter shall be deposited in the general 19 fund of the county. 20 Sec. 5. Section 321I.34, subsection 3, Code 2015, is amended 21 to read as follows: 22 3. a. When a security interest is discharged, the secured 23 party shall note the cancellation of the security interest on 24 the face of the certificate of title and send the title by 25 first class mail to the office of the county recorder where the 26 title was issued. The county recorder shall note the release 27 of the security interest on the face of the certificate of 28 title. If the title has been lost or destroyed, the secured 29 party may discharge the security interest by sending a signed, 30 notarized statement to the office of the county recorder where 31 the title was issued. 32 b. The county recorder shall note the release of the 33 a security interest in the county records and attach the 34 statement to the certificate of title as evidence of the 35 -2- LSB 2267YC (1) 86 aw/sc 2/ 4
H.F. _____ release of the security interest electronic record maintained 1 by the recorder’s office . 2 Sec. 6. Section 462A.5, subsection 4, paragraph d, Code 3 2015, is amended to read as follows: 4 d. If a registration certificate is lost, mutilated or 5 becomes illegible, the owner shall immediately make application 6 for and obtain a duplicate registration certificate by 7 furnishing information satisfactory to the county recorder. A 8 fee of one dollar plus a writing fee shall be paid to the county 9 recorder for may issue a duplicate registration certificate 10 upon payment of one dollar plus a writing fee as provided in 11 section 462A.53 . 12 Sec. 7. Section 462A.84, subsection 3, Code 2015, is amended 13 to read as follows: 14 3. When a security interest is discharged, the secured party 15 shall note the cancellation of the security interest on the 16 face of the certificate of title and send the title by first 17 class mail to the office of the county recorder where the title 18 was issued, or the secured party shall send a notarized letter 19 by first class mail to the county recorder where the title 20 was issued notifying the county recorder of the cancellation 21 of the security interest. The county recorder shall note the 22 release of the security interest on the face of the title, if 23 received, and in the county records as evidence of the release 24 of the security interest electronic record maintained by the 25 recorder’s office . 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to certain county recorder duties and 30 fees. 31 The bill makes technical changes related to the writing fees 32 collected by the recorder for the issuance of registration 33 certificates, registration renewals, user permits, and 34 duplicate special registration certificates for snowmobiles and 35 -3- LSB 2267YC (1) 86 aw/sc 3/ 4
H.F. _____ all-terrain vehicles. The bill also requires that a county 1 recorder collect a writing fee of $1.25 for each certificate of 2 title issued by the recorder for snowmobiles and all-terrain 3 vehicles. 4 Related to the release of security interests in snowmobiles 5 or all-terrain vehicles required to be noted in the county 6 records, the bill requires that the county recorder note the 7 release in the electronic record maintained by the recorder’s 8 office, rather than in the county records. 9 The bill also provides that the release of a security 10 interest in a vessel required to have a certificate of title 11 be noted by the recorder on the face of the title and in the 12 electronic record maintained by the recorder’s office, rather 13 than in the county records. 14 Related to watercraft, the bill further provides that a 15 county recorder may issue a duplicate registration certificate 16 for any reason. Under current law, an owner of a vessel is 17 required to apply for a duplicate registration certificate if 18 the certificate is lost, mutilated, or becomes illegible. 19 -4- LSB 2267YC (1) 86 aw/sc 4/ 4