House File 1031 - Introduced HOUSE FILE 1031 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 328) A BILL FOR An Act relating to county recorder fees and land record 1 information systems management. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1758HV (2) 91 js/jh
H.F. 1031 Section 1. Section 331.601A, subsection 3, Code 2025, is 1 amended to read as follows: 2 3. “Electronic document” means a document or instrument 3 that is received, processed, disseminated, or maintained 4 in an electronic format. The submission of an electronic 5 document through the county land record information system 6 electronic submission service shall be equivalent to delivery 7 of a document through the United States postal service or 8 by personal delivery at designated offices in each county. 9 Persons who submit electronic documents for recording are 10 responsible for ensuring that the electronic documents comply 11 with all requirements for recording. 12 Sec. 2. Section 331.601A, Code 2025, is amended by adding 13 the following new subsections: 14 NEW SUBSECTION . 1A. “County land record management system” 15 means the physical or hosted system maintained or licensed 16 by each county for recording documents, assigning reference 17 numbers, specifying recording times, maintaining the database 18 and index of records, and archiving physical and electronic 19 documents providing recording services pursuant to subchapter 20 V, part 3, of this chapter and section 558.49. 21 NEW SUBSECTION . 3A. “Electronic services system” means the 22 organization formed under a chapter 28E agreement to provide 23 electronic and other services to county recorders. 24 NEW SUBSECTION . 7A. “Parcel identification number” means an 25 existing permanent real estate index number with related tax 26 maps as provided in section 441.29, subsection 2. 27 NEW SUBSECTION . 8A. “Statewide search website vendor” means 28 the vendor approved by the Iowa county recorders association to 29 provide a statewide search website for the purpose of viewing 30 county public land records. 31 Sec. 3. Section 331.603, subsection 5, paragraph a, Code 32 2025, is amended to read as follows: 33 a. The governing board of the county land record information 34 system statewide search website vendor shall not enter into an 35 -1- LSB 1758HV (2) 91 js/jh 1/ 24
H.F. 1031 agreement to provide access to electronic documents or records 1 on a batch basis. The county recorder may collect reasonable 2 fees for access to electronic documents and records pursuant 3 to an agreement. The fees shall not exceed the actual cost 4 of providing access to the electronic documents and records. 5 “Actual cost” means only those expenses directly attributable to 6 providing access to electronic documents and records. “Actual 7 cost” shall not include costs such as employment benefits, 8 depreciation, maintenance, electricity, or insurance associated 9 with the administration of the office of the county recorder 10 or the county land record information system statewide search 11 website vendor . 12 Sec. 4. Section 331.603, Code 2025, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 6. The Iowa county recorders association 15 shall issue a request for proposals in 2030, and then 16 every five years thereafter, for the purpose of choosing 17 the statewide search website vendor in accordance with the 18 following: 19 a. The affirmative vote of at least sixty county recorders 20 shall be obtained in order to approve a change in the statewide 21 search website vendor. 22 b. The affirmative vote of at least eighty county recorders 23 shall be obtained in order to approve foregoing the request for 24 proposals process. 25 c. Upon the affirmative vote of at least eighty county 26 recorders, the Iowa county recorders association shall issue a 27 request for proposals prior to the date that would otherwise 28 be required by this subsection. 29 Sec. 5. Section 331.604, Code 2025, is amended to read as 30 follows: 31 331.604 Recording and filing fees. 32 1. Except as otherwise provided by state law, subsection 33 4 6 , or section 331.605 , the recorder shall collect a fee of 34 five ten dollars for each page or fraction of a page of an 35 -2- LSB 1758HV (2) 91 js/jh 2/ 24
H.F. 1031 instrument which that is filed or recorded in the recorder’s 1 office. If a page or fraction of a page contains more than 2 one transaction, the recorder shall collect the fee for each 3 transaction The maximum recording fee for documents with 4 twenty-five or more pages is two hundred fifty dollars . 5 2. a. The recorder shall also collect a fee of one dollar 6 for each recorded transaction for which a fee is paid pursuant 7 to subsection 1 to be used exclusively for the purpose of 8 preserving and maintaining public records From the total fee 9 for the recording of a document or instrument, two dollars 10 shall be deposited in a recorder’s technology advancement 11 fund created pursuant to this subsection . The treasurer, on 12 behalf of the recorder, shall establish and maintain a county 13 recorder’s records management technology advancement fund into 14 which all moneys collected pursuant to this subsection shall 15 be deposited. Interest earned on moneys deposited in the fund 16 shall be credited to the county recorder’s records management 17 technology advancement fund. The recorder shall use the moneys 18 deposited in the fund to produce and maintain public records 19 that meet archival standards, and to enhance the technological 20 storage, retrieval, and transmission capabilities related 21 to archival quality records. The recorder may cooperate 22 collaborate with other entities, boards, and agencies to 23 establish methods of records management, and participate 24 in other joint ventures which further the purposes of this 25 subsection advance the use of technology for the delivery 26 of services consistent with standards established for those 27 services . 28 b. Fees collected pursuant to this subsection shall be used 29 to accomplish the following purposes: 30 (1) Preserve and maintain public records Maintaining and 31 improving equipment, software, and systems associated with 32 recording and other duties administered by the office of the 33 county recorder . 34 (2) Assist counties in reducing record preservation costs 35 -3- LSB 1758HV (2) 91 js/jh 3/ 24
H.F. 1031 Preserving and maintaining physical and electronic documents 1 and instruments archived by the county recorder . 2 (3) Encourage and foster maximum access to public records 3 maintained by county recorders at locations throughout the 4 state Converting physical documents to electronic documents 5 and providing that those documents are indexed as required 6 in sections 331.606 and 558.49. When converting physical 7 documents to electronic documents, if it is not feasible to 8 conform to standards for digitizing and indexing the documents 9 separately, then moneys may be used to digitize the records . 10 (4) Establish plans for anticipated and possible future 11 needs, including the handling and preservation of vital 12 statistics Participating in education and training for the 13 purpose of advancing technology and improving the services 14 provided by the office of the county recorder . 15 3. The treasurer, on behalf of the recorder, shall establish 16 and maintain a recorder’s electronic services system fund into 17 which all moneys collected pursuant to subsection 4 shall be 18 deposited. Interest earned on moneys deposited in the fund 19 shall be credited to the recorder’s electronic services system 20 fund. 21 4. a. From the total fee paid for the recording of a 22 document or instrument pursuant to subsection 1, for those 23 counties within the electronic services system bound by the 24 chapter 28E agreement, three dollars shall be transferred to 25 the recorder’s electronic services system fund. The recorder’s 26 electronic services system fund must be used for the purposes 27 outlined in section 331.605B, subsection 1. 28 b. By the first day of each month, the treasurer shall 29 transfer the moneys deposited into the recorder’s electronic 30 services system fund to an account in a financial institution 31 designated by the electronic services system. 32 5. a. Each county shall participate in the county land 33 record information system and shall comply with the policies 34 and procedures established by the governing board of the 35 -4- LSB 1758HV (2) 91 js/jh 4/ 24
H.F. 1031 county land record information system upload data and images 1 of recorded documents to the statewide search website. The 2 statewide search website vendor must allow for uploading from 3 each county’s recording software provider or link to a county’s 4 own search, if applicable . 5 b. (1) The recorder shall also collect a fee of one dollar 6 for each recorded transaction, regardless of the number of 7 pages, for which a fee is paid pursuant to subsection 1 A 8 recorder not participating in the chapter 28E agreement with 9 the electronic services system shall deposit into the county 10 recorder’s electronic transaction fund established in paragraph 11 “c” one dollar per document filed or recorded in the recorder’s 12 office to be used for the following purposes: 13 (a) Establishing and implementing standards for recording, 14 processing, and archiving electronic documents and records. 15 (b) Maintaining the purpose of maintaining a statewide 16 internet site and the county land record information system 17 dedicated to preserving and maintaining a statewide public 18 record search . 19 (c) Integrating information contained in documents and 20 records maintained by the recorder and other land record 21 information from other sources with the county land record 22 information system. 23 (d) Implementing and maintaining a process for redacting 24 personally identifiable information contained in electronic 25 documents that are displayed for public access through an 26 internet site or that are transferred to another person. 27 (2) The fee collected by the recorder under this subsection 28 for recording a plat of survey is one dollar, regardless of the 29 number of pages. For purposes of this subparagraph, “plat of 30 survey” means the same as defined in section 355.1, subsection 31 9 . 32 (3) Fees collected in excess of the amount needed for the 33 purposes specified in this subsection shall be used by the 34 county land record information system to reduce or eliminate 35 -5- LSB 1758HV (2) 91 js/jh 5/ 24
H.F. 1031 service fees for electronic submission of documents and 1 instruments. 2 c. The county treasurer, on behalf of the recorder, 3 shall establish and maintain a county recorder’s electronic 4 transaction fund into which all moneys collected pursuant to 5 paragraph “b” shall be deposited. Interest earned on moneys 6 deposited in this fund shall be computed based on the average 7 monthly balance in the fund and shall be credited to the county 8 recorder’s electronic transaction fund. 9 d. The local government electronic transaction fund is 10 established in the office of the treasurer of state under the 11 control of the treasurer of state. Moneys deposited into the 12 fund are not subject to section 8.33 . Notwithstanding section 13 12C.7 , interest or earnings on moneys in the local government 14 electronic transaction fund shall be credited to the fund. 15 Moneys in the local government electronic transaction fund 16 are not subject to transfer, appropriation, or reversion to 17 any other fund, or any other use except as provided in this 18 subsection . On a monthly basis, the county treasurer shall 19 pay the fees deposited into the county recorder’s electronic 20 transaction fund to the treasurer of state for deposit into 21 the local government electronic transaction fund. Moneys 22 credited to the local government electronic transaction fund 23 are appropriated to the treasurer of state for the payment 24 of claims approved by the governing board of the county land 25 record information system. Except as otherwise provided in 26 this subsection , expenditures from the county recorder’s 27 electronic transaction fund shall be for the purpose of 28 planning and implementing electronic recording and electronic 29 transactions in each county, developing county and statewide 30 internet sites to provide electronic access to records and 31 information, and to pay paying the ongoing costs of integrating 32 and maintaining the statewide internet site dedicated to 33 preserving and maintaining a statewide public record search . 34 e. The recorder shall make available any information 35 -6- LSB 1758HV (2) 91 js/jh 6/ 24
H.F. 1031 required by the county auditor or auditor of state concerning 1 the fees collected under this subsection for the purposes of 2 determining the amount of fees collected and the uses for which 3 such fees are expended. 4 f. The county land record information system agreement may 5 be amended by a vote of the boards of supervisors on behalf 6 of the respective county recorders, pursuant to the terms of 7 the agreement, to provide for the ongoing implementation of 8 the county land record information system. As used in this 9 paragraph, “county land record information system agreement” 10 means the agreement entered under chapter 28E between the 11 counties as required by 2005 Iowa Acts, ch. 179, §101 , as 12 amended by 2021 Iowa Acts, ch. 126 . 13 g. (1) Upon request by a peace officer, as defined in 14 section 801.4 , civilian employee of a law enforcement agency, 15 or state or federal judicial officer or state or federal 16 prosecutor, the county assessor or the county assessor’s staff, 17 or the county recorder or the county recorder’s staff, shall 18 redact the requestor’s name contained in electronic documents 19 that are displayed for public access through an internet site. 20 (2) Upon request by a former peace officer, as defined 21 in section 801.4 , or a former civilian employee of a law 22 enforcement agency, the county assessor or the county 23 assessor’s staff, or the county recorder or the county 24 recorder’s staff, may redact, upon the presentation of evidence 25 that a compelling safety interest is served by doing so, the 26 requestor’s name contained in electronic documents that are 27 displayed for public access through an internet site. 28 (3) This paragraph does not apply to a requestor holding or 29 seeking public office. 30 (4) The county assessor and the county recorder shall 31 implement and maintain a process to facilitate requests 32 pursuant to this paragraph. 33 (5) A fee shall not be charged for the administration of 34 this paragraph. 35 -7- LSB 1758HV (2) 91 js/jh 7/ 24
H.F. 1031 4. 6. A county shall not be required to pay a fee to the 1 recorder for filing or recording instruments. However, a 2 county treasurer is required to pay recording fees pursuant to 3 sections 437A.11 and 437B.7 . 4 Sec. 6. Section 331.605B, Code 2025, is amended by striking 5 the section and inserting in lieu thereof the following: 6 331.605B Electronic services system. 7 1. The electronic services system shall develop, operate, 8 and maintain a county land record information system under a 9 chapter 28E agreement for the following purposes: 10 a. Providing electronic filing services for recording 11 documents and instruments. 12 b. Providing redaction or shielding services to protect 13 qualified individuals as defined in section 331.606A, 14 subsection 1. 15 c. Providing integration with other appropriate relational 16 property information systems. 17 d. Providing a system capable of notifying a user of 18 transactional activity associated with the user’s property, 19 name, or other public services. 20 e. Receiving authorized payments for services provided. 21 2. The governing board of the electronic services system 22 shall not collect a fee for viewing, accessing, or printing 23 documents in a county land record information system unless 24 specifically authorized by statute. The governing board may 25 collect a reasonable fee for using the system to process 26 electronic documents for recording. Fees collected for the 27 processing of electronic documents for recording may be used 28 for the purposes specified in subsection 1. 29 3. The electronic services system’s chapter 28E agreement 30 may be amended by a vote of the boards of supervisors on behalf 31 of the respective county recorders pursuant to the terms of the 32 agreement. 33 4. The governing board of the electronic services system 34 is authorized to charge three dollars to submitters for an 35 -8- LSB 1758HV (2) 91 js/jh 8/ 24
H.F. 1031 electronic document filed directly through the county land 1 record information system only. 2 5. The governing board of the electronic services system 3 shall not enter into an agreement to provide access to 4 electronic documents or records on a batch basis. 5 6. The governing board of the electronic services system 6 shall contract with a county’s local land record management 7 system to allow electronically filed documents in the county 8 land record information system to flow to the local system for 9 recording. 10 7. Any county may leave the chapter 28E agreement with the 11 electronic services system unconditionally at any time. A 12 county that leaves the chapter 28E agreement shall allow for 13 the flow of electronic documents from the electronic services 14 system. 15 8. The electronic services system is a unit of local 16 government for purposes of chapter 670, relating to tort 17 liability of governmental subdivisions. 18 Sec. 7. Section 331.606, subsections 1 and 2, Code 2025, are 19 amended to read as follows: 20 1. In addition to other requirements specified by law, the 21 recorder shall note in the county system the date of filing of 22 each instrument, the number and character , the type or title of 23 the instrument, and the name of each grantor and grantee named 24 in the instrument. In numbering the When assigning reference 25 numbers to documents or instruments, the recorder may shall 26 start with the number one immediately following the date of 27 annual settlement with the board and continue to number them 28 consecutively until the next annual settlement with the board 29 or the recorder may start with number one on the first working 30 day of the calendar year and continue to number the instruments 31 consecutively on the first working day of the calendar year and 32 continue to number the instruments consecutively until the last 33 working day of the calendar year. 34 2. The recorder shall also note in the index the exact 35 -9- LSB 1758HV (2) 91 js/jh 9/ 24
H.F. 1031 time of the filing recording of each document or instrument. 1 Associated recording references, if on the document, shall be 2 indexed with the recorded document. A parcel identification 3 number shall be referenced if on the document and shall not be 4 modified unless the modification is necessary to correct an 5 error. 6 Sec. 8. Section 331.606A, subsection 1, Code 2025, is 7 amended by adding the following new paragraphs: 8 NEW PARAGRAPH . 0a. “Eligible professional” means any of the 9 following: 10 (1) A participating attorney, abstractor, closer, or 11 associated personnel authorized to provide services on behalf 12 of Iowa title guaranty. 13 (2) An attorney licensed to practice in Iowa. 14 (3) A representative of a financial institution as defined 15 in section 527.2. 16 (4) A representative of an insurer or an insurance support 17 organization. 18 (5) A representative of a commercial entity using personal 19 information to do any of the following: 20 (a) Prevent, detect, protect against, or respond to 21 security incidents, identity theft, fraud, harassment, 22 malicious or deceptive activities, or any other illegal 23 activity. 24 (b) Preserve the integrity or security of a county land 25 record management system. 26 (c) Investigate, report, or assist in the prosecution of a 27 person responsible for an action or circumstance described in 28 subparagraph division (a) or (b). 29 NEW PARAGRAPH . 00a. “Information shielding” means 30 restricting access to a document or information associated with 31 a qualified individual that is posted through a public internet 32 site. 33 NEW PARAGRAPH . 0c. (1) “Qualified individual” means any 34 of the following: 35 -10- LSB 1758HV (2) 91 js/jh 10/ 24
H.F. 1031 (a) A peace officer as defined in section 801.4, civilian 1 employee of a law enforcement agency, or state or federal 2 judicial officer or state or federal prosecutor, or a spouse or 3 child of such a person. 4 (b) A former peace officer, as defined in section 801.4, 5 or a former civilian employee of a law enforcement agency who 6 presents evidence of a compelling safety interest, or a spouse 7 or child of such a person. 8 (c) A victim of domestic abuse, domestic abuse assault, 9 sexual abuse, assault, stalking, or human trafficking as 10 evidenced by the filing of a petition pursuant to section 236.3 11 or a criminal complaint or information pursuant to section 12 708.1, 708.2A, 708.11, or 710A.2, or any violation contained 13 in chapter 709. 14 (d) A program participant as defined in section 9E.2. 15 (2) Notwithstanding the meanings described in subparagraph 16 (1), subparagraph division (a), a person holding or seeking 17 public office is not a qualified individual. 18 Sec. 9. Section 331.606A, subsections 3 and 4, Code 2025, 19 are amended to read as follows: 20 3. Redaction of personally identifiable information from 21 electronic documents. Personally identifiable information 22 that is contained in electronic documents that are displayed 23 for public access on an internet site, or which that are 24 transferred to any person, shall be redacted prior to 25 displaying or transferring the documents. Each recorder that 26 displays electronic documents and the county land record 27 information system statewide search website that displays 28 electronic documents on behalf of a county shall implement 29 a system for redacting personally identifiable information. 30 The recorder and the governing board of the county land 31 record information system shall establish a procedure by 32 which individuals may request that personally identifiable 33 information contained in an electronic document displayed on 34 an internet site be redacted, at no fee to the requesting 35 -11- LSB 1758HV (2) 91 js/jh 11/ 24
H.F. 1031 individual. The requirements of this subsection shall be fully 1 implemented not later than December 31, 2011. 2 4. Dissemination of documents. Persons who have contracted 3 with a county recorder or the governing board of the 4 county land record information system to redact personally 5 identifiable information from electronic documents pursuant to 6 subsection 3 shall not sell, transfer, or otherwise disseminate 7 the electronic documents in an unaltered or redacted form, 8 except as provided for in the contract. 9 Sec. 10. Section 331.606A, subsection 7, Code 2025, is 10 amended by striking the subsection and inserting in lieu 11 thereof the following: 12 7. Redaction of names or information shielding of documents. 13 a. Upon request by a qualified individual, the county 14 assessor or the county assessor’s staff, or the county 15 recorder or the county recorder’s staff, shall implement a 16 name redaction process or an information shielding process to 17 restrict public access to electronic documents or internet 18 pages that contain information about the qualified individual. 19 The county assessor and the county recorder shall implement a 20 process without charging a fee to facilitate requests pursuant 21 to this subsection. 22 b. Redaction and information shielding processes shall 23 include provisions that would permit eligible professionals to 24 access shielded information. Access to redacted or shielded 25 information may also be granted to other professionals with 26 the written permission of the qualified individual. Eligible 27 professionals and others who are granted access to shielded or 28 redacted information must agree to maintain the confidentiality 29 of the qualified individual. Upon request, the county recorder 30 shall provide access to the shielded or redacted information 31 electronically. An eligible professional shall be authorized 32 to disclose any shielded or redacted information when such 33 disclosure is necessary to advance a legitimate business 34 purpose including but not limited to the provision of services 35 -12- LSB 1758HV (2) 91 js/jh 12/ 24
H.F. 1031 related to a real estate transaction. A fee shall not be 1 charged to an eligible professional requesting shielded 2 information. 3 Sec. 11. Section 331.606B, Code 2025, is amended to read as 4 follows: 5 331.606B Document or document formatting standards. 6 1. Except as otherwise provided in subsection 7 , the county 7 recorder shall refuse any document or instrument presented 8 for recording To ensure that recorded documents are legible 9 and contain all required information in order to facilitate a 10 permanent record that can be properly archived and indexed, a 11 recorder may decline to record a document or instrument that 12 does not meet the following requirements: 13 a. Each document or instrument shall consist of one or more 14 individual pages not permanently bound or in a continuous form. 15 The For purposes of this paragraph, “continuous form” means 16 individual one-sided pages. A physical document or instrument 17 presented for recording shall not be permanently bound, have 18 any attachment stapled , taped or otherwise affixed to any page 19 except as necessary to comply with statutory requirements , and 20 must contain text or graphics on only one side . However, the 21 The individual pages of a physical document or instrument may 22 be stapled clipped together for presentation for recording. 23 A physical document or instrument containing a label that 24 is firmly attached with a bar code or return address may be 25 accepted for recording. 26 b. All preprinted text shall must be legible and the font 27 at least eight ten point in size and no more than twenty 28 characters and spaces per inch , except that the font may be 29 eight point in size if the document is a plat or survey . All 30 other text typed or computer generated, including but not 31 limited to all names of parties to an agreement, shall be at 32 least ten point in size and no more than sixteen characters 33 and spaces per inch. If a document or instrument, other than 34 a plat or survey or a drawing related to a plat or survey, 35 -13- LSB 1758HV (2) 91 js/jh 13/ 24
H.F. 1031 presented for recording contains type smaller than eight point 1 type for the preprinted text and ten point type for all other 2 text, the document or instrument shall be accompanied by an 3 exact typewritten or printed copy that meets the requirements 4 of this section . 5 c. Each document shall be of sufficient legibility to 6 produce a clear reproduction. If a A document or instrument, 7 other than a plat or survey or a drawing related to a plat or 8 survey, that is not fully or partially sufficiently legible to 9 produce a clear reproduction , the document or instrument shall 10 be accompanied by an exact typewritten or printed copy that 11 meets the type size requirements of paragraph “b” and shall 12 a legible copy of the full or partial page, which shall be 13 recorded contemporaneously as additional pages of the document 14 or instrument. 15 d. Each A physical document or instrument , other than a plat 16 or survey or a drawing related to a plat or survey, shall must 17 be on standard white paper of not less than twenty-pound weight 18 without watermarks or other visible inclusions markings . All 19 text within the document or instrument shall be of sufficient 20 color and clarity to ensure that the text is readable when 21 reproduced from the record. 22 e. All signatures on a document or instrument shall be in 23 black or dark blue ink and of sufficient color and clarity to 24 ensure that the signatures are readable discernible when the 25 document or instrument is reproduced from the record. The 26 corresponding name shall must be typed, printed , or stamped 27 beneath the original signature. The typing or printing of a 28 name or the application of an embossed or inked stamp shall 29 not cover or otherwise materially interfere with any part 30 of the document or instrument except where when provided by 31 law. Failure to print or type signatures as provided in this 32 paragraph does not invalidate the document or instrument. 33 f. The first page of each document or instrument, other than 34 a plat or survey or a drawing related to a plat or survey, shall 35 -14- LSB 1758HV (2) 91 js/jh 14/ 24
H.F. 1031 have a top margin of at least three inches of vertical space 1 from left to right which shall be reserved one-half of one 2 inch. If the document or instrument does not include a cover 3 page, then there must be a blank rectangular space with the 4 dimensions of three and three-fourths inches in width and two 5 and one-half inches in height adjacent to the top margin on the 6 first page and designated for the recorder’s use. All other 7 margins on the document or instrument shall be a minimum of 8 three-fourths of one inch. Nonessential information including 9 but not limited to form numbers, page numbers, or customer 10 notations may be placed in a margin except the top margin. The 11 recorder shall not incur any liability for not showing a seal 12 or information that extends beyond the margin of the permanent 13 archival record. 14 g. Each A document or instrument presented for recording 15 shall meet the requirements of section 331.606A, subsection 2 16 not include personally identifiable information unless redacted 17 in accordance with section 331.606A, subsection 3 . 18 2. Each document or instrument, other than a plat or survey 19 or a drawing related to a plat or survey, that is presented for 20 recording shall contain the following information on the first 21 page below the three-inch margin or on a cover page : 22 a. The name, address, and either the telephone number or 23 email address of the individual who prepared the document , or 24 the contact information for an individual who is familiar with 25 the document or instrument and is able to address questions 26 from the recorder’s office . 27 b. For any instrument of conveyance, the name of the 28 taxpayer and a complete mailing address. 29 c. A return address. 30 d. The type or title of the document or instrument. 31 e. All grantors’ names. 32 f. All grantees’ names. 33 g. Any address required by statute. 34 h. The legal description of the property and parcel 35 -15- LSB 1758HV (2) 91 js/jh 15/ 24
H.F. 1031 identification number, if required. 1 i. A document or instrument number for statutory 2 requirements Associated recording references , if applicable. 3 3. A cover page meeting the requirements of subsection 4 1 may be included with the document or instrument and shall 5 be recorded contemporaneously as an additional page of the 6 document or instrument. If insufficient space exists on 7 the first page or the cover page for all of the information 8 described in subsection 2 , the person presenting the document 9 for recording must identify on the first page or the cover page 10 a page reference of for the document or instrument where the 11 required information is located shall be noted on the first 12 page can be located . 13 4. a. Each document or certificate prepared by a licensed 14 professional land surveyor and presented for recording, 15 including a plat of survey or a drawing related to a plat 16 of survey, shall contain an index legend. However, this 17 requirement shall not apply to a United States public land 18 survey corner certificate described in section 355.11 . 19 b. Each document or certificate prepared by a licensed 20 professional land surveyor and presented for recording, 21 including a plat of survey or a drawing related to a plat 22 of survey, shall include a blank rectangular space three and 23 three-fourth inches in width and two and one-half inches in 24 height reserved and delineated for the county recorder’s use, 25 unless the document is attached to a cover sheet approved by 26 the governing board of the county land record information 27 system. 28 5. 4. The recorder may record the following documents or 29 instruments , which are exempt from the format requirements of 30 this section : 31 a. A document or instrument that was signed before July 1, 32 2005. 33 b. A military separation document or instrument. 34 c. A document or instrument executed outside the United 35 -16- LSB 1758HV (2) 91 js/jh 16/ 24
H.F. 1031 States. 1 d. A certified copy of a document or instrument issued by a 2 governmental agency, including a vital record. 3 e. A document or instrument where when one of the original 4 parties is deceased or otherwise incapacitated. 5 f. A document or instrument formatted to meet court 6 requirements. 7 g. A federal tax lien. 8 h. A filing under the uniform commercial code, chapter 554 . 9 i. A groundwater hazard statement pursuant to section 10 558.69 . 11 6. 5. A physical document or instrument rejected declined 12 for recording by a recorder shall be returned to the preparer 13 or presenter accompanied by an explanation of the reason 14 for rejection declining the document or instrument and any 15 information necessary to correct the defect. A person who 16 files an electronic document or instrument declined for 17 recording by a recorder shall be notified by the recorder that 18 the document or instrument has been declined, the reason the 19 document or instrument has been declined, and any information 20 necessary to correct the defect. If the recording fee for an 21 electronic document or instrument was calculated and processed 22 incorrectly, the person who filed the document or instrument 23 shall be notified of the error and the reason for the fee 24 adjustment by the recorder’s office . 25 7. a. On and after July 1, 2005, a document or instrument 26 that does not conform to the format standards specified in 27 subsections 1 through 3 shall not be accepted for recording 28 except upon payment of an additional recording fee of ten 29 dollars per document or instrument. The requirement applies 30 only to documents or instruments dated on or after July 1, 31 2005, and does not apply to those documents or instruments 32 specifically exempted in subsection 5 . 33 b. On and after July 1, 2009, a document or instrument 34 that does not conform to the format standards specified in 35 -17- LSB 1758HV (2) 91 js/jh 17/ 24
H.F. 1031 subsection 1 , paragraphs “c” and “e” , or subsection 2 , paragraph 1 “b” , shall not be accepted for recording. This paragraph 2 applies only to documents or instruments dated on or after July 3 1, 2009, and does not apply to those documents or instruments 4 specifically exempted in subsection 5 . 5 Sec. 12. NEW SECTION . 331.612 Recording of surveys. 6 1. Notwithstanding section 331.606B, the following 7 document or document formatting standards shall apply to 8 surveys submitted by licensed professional land surveyors for 9 recording: 10 a. All text must be legible and the font at least eight 11 point in size. 12 b. All text font, signatures, and drawings must have 13 sufficient weight, contrast, and darkness to produce a clear 14 reproduction. 15 c. Physical documents submitted to a county for recording 16 shall be on standard white paper without watermarks or other 17 visible markings and shall have dimensions no greater than 18 eleven by seventeen inches. Notwithstanding the dimensions 19 specified for physical documents in this paragraph, a physical 20 document with dimensions no greater than twenty-four inches 21 by thirty-six inches may be submitted to the county if the 22 county recorder is able to scan or digitize the document while 23 maintaining the original scale and quality of the document 24 as specified in paragraphs “a” and “b” . Electronic documents 25 submitted to a county for recording shall have dimensions no 26 greater than twenty-four inches by thirty-six inches. 27 d. The survey must contain an index legend as outlined in 28 subsection 2. 29 e. A survey must provide a cover page or a blank rectangular 30 space on the first page with the dimensions of three and 31 three-fourths inches in width and two and one-half inches in 32 height designated for the recorder’s use. 33 2. A survey must contain an index legend consisting of a 34 compact table or a grid with lines that provides the following 35 -18- LSB 1758HV (2) 91 js/jh 18/ 24
H.F. 1031 information: 1 a. The county name. 2 b. For platted land, the index information shall include 3 the additional parcel identifier, if applicable; lot or unit; 4 block; unabbreviated subdivision name; town, city, or county; 5 section; township; and range. For unplatted land, the indexed 6 information shall include the additional parcel identifier, 7 if applicable, section, township, range, and quarter section. 8 Indexing quarters of a quarter section is recommended but 9 not required. Subdivision plats, acquisition plats, and 10 retracement plats of survey shall reference the existing 11 auditor’s parcel designation in accordance with section 354.4, 12 subsection 1, paragraph “a” . A plat of survey shall reference 13 the approved auditor’s parcel designation in accordance with 14 section 354.4, subsection 1, paragraph “a” . 15 c. The parcel identification number and additional parcel 16 identifier, if applicable. 17 d. The proprietor’s name. 18 e. The requestor’s name. 19 f. Associated reference numbers for previously recorded 20 surveys. 21 g. The surveyor’s name, address, and phone number or email 22 address. 23 h. Information necessary for the county recorder to return 24 the survey document. 25 i. If the survey document is a monument preservation 26 certificate, the name of the government entity requesting the 27 certification in accordance with section 355.6A. 28 Sec. 13. Section 354.18, subsection 2, Code 2025, is amended 29 to read as follows: 30 2. The recorder shall examine each plat of survey and 31 subdivision plat to determine whether the plat is clearly 32 legible and whether the approval by the applicable governing 33 body and the other attachments required by this chapter are 34 presented with the plat. The recorder shall also keep a 35 -19- LSB 1758HV (2) 91 js/jh 19/ 24
H.F. 1031 reproducible physical or electronic copy of the plat from 1 which legible copies can be made. The When a physical plat is 2 presented for recording, the recorder may specify the material 3 and the size of the plat , accepted for recording as long as 4 the document is not less than eight and one-half inches in 5 width by eleven inches , that will be accepted for recording in 6 order to comply with this section in height . The recorder must 7 accept an electronically submitted plat or subdivision plat 8 meeting the requirements of section 355.7, 355.7A, or 355.8, 9 respectively. The recorder shall not record a subdivision plat 10 that violates this chapter . 11 Sec. 14. Section 355.6A, subsection 4, Code 2025, is amended 12 to read as follows: 13 4. a. The monument preservation certificate shall be 14 filed with the county recorder pursuant to section 331.606B, 15 subsection 5 331.612, subsection 2, paragraph “i” , no later than 16 thirty days after the certificate is signed by the surveyor. 17 b. The county recorder shall index the monument preservation 18 certificate according to the township, range, section number, 19 and quarter section on in which the monument is located within . 20 If the monument is located within an official plat, the county 21 recorder shall also index the certificate alphabetically by the 22 official plat name. 23 c. The index legend affixed to such certificate shall 24 include the following information: 25 (1) The surveyor’s name, mailing address, and other contact 26 information. 27 (2) The name of the governmental entity or other 28 organization under which the surveyor provided the professional 29 service. 30 (3) The aliquot part or parts of the United States public 31 land survey system or portion of official plat that the 32 monument is located within. 33 (4) The name of the governmental entity or other 34 organization requesting the monument preservation certificate 35 -20- LSB 1758HV (2) 91 js/jh 20/ 24
H.F. 1031 pursuant to this section . 1 (5) Information necessary for the county recorder to return 2 the certificate. 3 Sec. 15. Section 355.12, Code 2025, is amended to read as 4 follows: 5 355.12 Indexing of survey documents by recorder. 6 The recorder shall index survey documents and United States 7 public land corner certificates submitted in accordance with 8 section 331.612, subsection 2, paragraph “b” , by township, 9 range, and section number. If the survey is in a recorded 10 subdivision, the recorder shall also index the document 11 alphabetically by subdivision name. 12 Sec. 16. 2005 Acts, chapter 179, section 101, subsection 13 1, as amended by 2021 Iowa Acts, chapter 126, section 2, is 14 amended to read as follows: 15 1. The board of supervisors of each county, on behalf of 16 each county recorder, shall may execute a chapter 28E agreement 17 with the other counties electronic services system for the 18 implementation of the county land record information system. 19 Sec. 17. TRANSITION. Any moneys remaining in each county 20 recorder’s records management fund, as described in section 21 331.604, subsection 2, paragraph “a”, Code 2025, as of 22 the effective date of this Act shall be transferred to the 23 respective county’s recorder’s technology advancement fund, as 24 described in section 331.604, subsection 2, as amended by this 25 Act. Any moneys remaining in the local government electronic 26 transaction fund, as described in section 331.604, subsection 27 3, paragraph “d”, Code 2025, after the effective date of this 28 Act are appropriated to the treasurer of state to be used by 29 the treasurer of state to assist the governing board of the 30 electronic services system in accomplishing the purposes stated 31 in section 331.605B, subsection 1, as amended by this Act. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -21- LSB 1758HV (2) 91 js/jh 21/ 24
H.F. 1031 This bill relates to documents and instruments filed or 1 recorded with a county recorder. 2 Under current law, the board of supervisors of each county, 3 on behalf of each county recorder, is directed to enter into 4 an agreement under Code chapter 28E (chapter 28E agreement) 5 with the other counties to implement the county land record 6 information system, which provides a centralized electronic 7 system for the submission of documents to a county recorder and 8 access to those documents. 9 The bill removes the requirement for the board of 10 supervisors of each county to enter a chapter 28E agreement 11 with the other counties to implement the county land record 12 information system and instead authorizes each board of 13 supervisors to enter a chapter 28E agreement with the 14 electronic services system, created by the bill, for such 15 purpose. The bill requires the Iowa county recorders 16 association to issue a request for proposals in 2030, and 17 every five years thereafter, to select a vendor to provide a 18 statewide search website for the purpose of viewing county 19 public land records. The bill requires each county to upload 20 data and images of recorded documents to the statewide search 21 website. The bill makes conforming changes throughout Code 22 chapter 331, subchapter V, part 3, to remove or replace 23 references to the county land record information system and its 24 governing board. 25 The bill strikes a provision requiring the county recorder 26 to collect a fee of $1 for each transaction for which a fee 27 is paid to be used exclusively for the purpose of preserving 28 and maintaining public records. Currently, that fee is 29 deposited in a county’s county recorder’s record management 30 fund and used to produce and maintain public records that 31 meet archival standards, and to enhance the technological 32 storage, retrieval, and transmission capabilities related to 33 archival quality records, in addition to other enumerated 34 purposes. Additionally, the recorder may cooperate with other 35 -22- LSB 1758HV (2) 91 js/jh 22/ 24
H.F. 1031 entities, boards, and agencies to establish methods of records 1 management, and participate in other joint ventures that 2 further the purposes of the fund. The bill strikes references 3 to county recorder’s record management funds and directs moneys 4 in those funds to be transferred to each respective county’s 5 recorder’s technology advancement fund, as created pursuant to 6 the bill. 7 The bill increases the fee that a county recorder shall 8 collect for each page or fraction of a page of an instrument 9 filed or recorded in the recorder’s office from $5 to $10, with 10 a maximum fee of $250 for a document with 25 or more pages. Of 11 the total fee collected, the bill requires $2 to be deposited 12 in a county’s recorder’s technology advancement fund. The bill 13 authorizes the recorder to collaborate with other entities, 14 boards, and agencies to advance the use of technology for the 15 delivery of services consistent with standards established for 16 those services. The bill enumerates purposes for which moneys 17 in a county’s recorder’s technology advancement fund shall be 18 used. 19 The bill requires a county bound by the chapter 28E agreement 20 with the electronic services system to transfer from the total 21 fee collected for the recording of a document in that county $3 22 to be deposited in the county’s recorder’s electronic services 23 system fund, created pursuant to the bill, which moneys 24 shall be transferred monthly to an account in a financial 25 institution designated by the electronic services system and 26 used for purposes described in the bill. A county recorder in 27 a county not participating in the chapter 28E agreement with 28 the electronic services system shall transfer from the total 29 fee collected for the recording of a document in that county 30 $1 to be deposited in the county’s county recorder electronic 31 transaction fund, which each county treasurer shall establish 32 pursuant to current law. The bill requires moneys in the 33 county’s county recorder electronic transaction fund to be 34 used for preserving and maintaining a statewide public record 35 -23- LSB 1758HV (2) 91 js/jh 23/ 24
H.F. 1031 search. 1 The bill eliminates the local government electronic 2 transaction fund in the office of the treasurer of state 3 under the control of the treasurer of state. Under current 4 law, moneys in the local government electronic transaction 5 fund are used for the payment of claims approved by the 6 governing board of the county land record information system, 7 including planning and implementing electronic recording and 8 electronic transactions in each county, developing county 9 and statewide internet sites to provide electronic access 10 to records and information, and paying the ongoing costs of 11 integrating and maintaining the statewide internet site. The 12 bill appropriates moneys remaining in the local government 13 electronic transaction fund on the effective date of the bill 14 to the treasurer of state to be used by the treasurer of state 15 to assist the governing board of the electronic services system 16 in developing, operating, and maintaining a county land record 17 information system. 18 The bill amends provisions relating to the access of certain 19 personally identifiable information, including by outlining 20 procedures for shielding information, defining persons 21 qualified to have their information shielded, and defining 22 persons authorized to access such information and under what 23 circumstances. 24 The bill amends provisions of Code chapter 331, subchapter 25 V, part 3, regarding the formatting of documents and surveys 26 submitted for filing or recording and makes other conforming 27 changes. 28 -24- LSB 1758HV (2) 91 js/jh 24/ 24