House File 837 - Introduced HOUSE FILE 837 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 520) (SUCCESSOR TO HSB 97) (COMPANION TO SF 441 BY COMMITTEE ON LOCAL GOVERNMENT) 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 1310HZ (3) 89 js/ns
H.F. 837 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. An additional 13 service charge may be added for credit or debit card payments. 14 Fees collected for the processing of electronic documents for 15 recording may be used for the purposes specified in section 16 331.604 and other purposes including but not limited to 17 development, operation, and maintenance of the county land 18 record information system and internet sites, systems for 19 electronic filing for recording, associated payment systems, 20 security systems, the land records databases, methods for 21 searching the databases, processes for the redaction of 22 personally identifiable information posted for public online 23 access, and processes for the integration of land records 24 information with other property information systems. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 Under current law, a county recorder and the governing board 29 of the county land record information system (governing board) 30 are allowed to collect only statutorily authorized fees for 31 land records management. A county recorder and the governing 32 board are prohibited from collecting a fee for viewing, 33 accessing, or printing documents in the county land record 34 information system unless specifically authorized by statute. 35 -1- LSB 1310HZ (3) 89 js/ns 1/ 2
H.F. 837 This bill removes the county recorder from this prohibition. 1 In addition, the bill strikes a provision authorizing a county 2 recorder or the governing board to collect actual third-party 3 fees associated with accepting and processing statutorily 4 authorized fees, including credit card fees, treasury 5 management fees, and other transaction fees required to enable 6 electronic payment. 7 The bill allows the governing board to collect a fee of not 8 more than $3 per recorded document for using the system to 9 process electronic documents for recording, which fees may be 10 used for purposes outlined in Code section 331.604 (recording 11 and filing fees) and in the bill. The bill authorizes the 12 collection of an additional service charge for credit or debit 13 card payments. 14 -2- LSB 1310HZ (3) 89 js/ns 2/ 2