SF 626 (LSB 2240SZ (1) 88)

SENATE FILE 626

BY  COMMITTEE ON WAYS AND MEANS

(SUCCESSOR TO SF 514)
(SUCCESSOR TO SSB 1125)

(COMPANION TO HF 708 BY COMMITTEE ON STATE GOVERNMENT)

A BILL FOR

An Act relating to specific circumstances requiring the submission of a groundwater hazard statement with the declaration of value submitted to a county recorder in order to grant, assign, transfer, or convey real property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 558.69, subsection 1, unnumbered paragraph 1, Code 2019, is amended to read as follows:
   With For each declaration of value submitted to the county recorder under chapter 428A, there shall be submitted a groundwater hazard statement stating shall be prepared that discloses all of the following:
    Sec. 2.  Section 558.69, subsections 3, 4, 7, and 8, Code 2019, are amended to read as follows:
   3.  The county recorder shall refuse to record If a known private burial site, a known well, a known disposal site for solid waste, a known underground storage tank, known hazardous waste, or a known private sewage disposal system is disclosed pursuant to subsection 1, the groundwater hazard statement shall be submitted to the county recorder with any deed, instrument, or writing for which a declaration of value is required under chapter 428A unless the groundwater hazard statement required by this section has been submitted to the county recorder.  The county recorder shall collect a fee of twelve dollars for each groundwater hazard statement submitted pursuant to this subsection.
   4.  A buyer of property shall be provided with a copy of the submitted groundwater hazard statement by the seller.
   7.  The county recorder shall transmit the a submitted groundwater hazard statements statement to the department of natural resources at times a time and in a manner directed by the director of the department.
   8.  The owner of the property is responsible for the accuracy of the information submitted disclosed on the groundwater hazard statement. The owner’s agent shall not be liable for the accuracy of information provided by the owner of the property. The provisions of this subsection do not limit liability which may be imposed under a contract or under any other law.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the specific circumstances requiring submission of a groundwater hazard statement with a declaration of value submitted to a county recorder in order to grant, assign, transfer, or convey real property.
   Current law requires that a groundwater hazard statement be submitted with each declaration of value submitted to the county recorder under Code chapter 428A (real estate transfer tax). The bill requires that a groundwater hazard statement be prepared for each declaration of value submitted to the county recorder under Code chapter 428A. However, the groundwater hazard statement only needs to be submitted to the county recorder if a known private burial site, a known well, a known disposal site for solid waste, a known underground storage tank, known hazardous waste, or a known private sewage disposal system is disclosed on the groundwater hazard statement. 
   The bill requires that the buyer of a property be provided with a copy of the prepared groundwater hazard statement and provides that the owner of the property is responsible for the accuracy of the information disclosed on the statement. 
   If the groundwater hazard statement is submitted to the county recorder, the county recorder must transmit a copy to the department of natural resources as directed by the director of the department.