House File 520 - Introduced HOUSE FILE 520 BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO HSB 97) A BILL FOR An Act relating to the use of fees collected by a county 1 recorder or governing board of the county land record 2 information system for processing and recording instruments. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1310HV (3) 89 js/ns
H.F. 520 Section 1. Section 331.605B, subsection 2, Code 2021, 1 is amended by striking the subsection and inserting in lieu 2 thereof the following: 3 2. A recorder or the governing board of the county land 4 record information system shall collect only statutorily 5 authorized fees for land records management. The governing 6 board of the county land record information system shall not 7 collect a fee for viewing, accessing, or printing documents in 8 the county land record information system unless specifically 9 authorized by statute. The governing board of the county land 10 record information system may collect a fee of not more than 11 three dollars per recorded document for using the system to 12 process electronic documents for recording. Fees collected for 13 the processing of electronic documents for recording may be 14 used for the purposes specified in section 331.604 and other 15 purposes including but not limited to development, operation, 16 and maintenance of the county land record information 17 system and internet sites, systems for electronic filing for 18 recording, associated payment systems, security systems, the 19 land records databases, methods for searching the databases, 20 processes for the redaction of personally identifiable 21 information posted for public online access, and processes for 22 the integration of land records information with other property 23 information systems. 24 Sec. 2. Section 331.605B, Code 2021, is amended by adding 25 the following new subsection: 26 NEW SUBSECTION . 3. Use of the county land record 27 information system shall be subject to the terms and conditions 28 established by the governing board. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 Under current law, a county recorder and the governing board 33 of the county land record information system (governing board) 34 are allowed to collect only statutorily authorized fees for 35 -1- LSB 1310HV (3) 89 js/ns 1/ 2
H.F. 520 land records management. A county recorder and the governing 1 board are prohibited from collecting a fee for viewing, 2 accessing, or printing documents in the county land record 3 information system unless specifically authorized by statute. 4 This bill removes the county recorder from this prohibition. 5 In addition, the bill strikes a provision authorizing a county 6 recorder or the governing board to collect actual third-party 7 fees associated with accepting and processing statutorily 8 authorized fees, including credit card fees, treasury 9 management fees, and other transaction fees required to enable 10 electronic payment. 11 The bill allows the governing board to collect a fee of not 12 more than $3 per recorded document for using the system to 13 process electronic documents for recording, which fees may be 14 used for purposes outlined in Code section 331.604 (recording 15 and filing fees) and in the bill. The bill provides that 16 the use of the county land record information system shall 17 be subject to the terms and conditions established by the 18 governing board. 19 -2- LSB 1310HV (3) 89 js/ns 2/ 2