HF 1031 (LSB 1758HV (2) 91)

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 information systems management.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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