House File 193 - Introduced HOUSE FILE 193 BY STONE A BILL FOR An Act concerning county recorder fees. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1284YH (3) 91 ll/js
H.F. 193 Section 1. Section 331.604, subsection 1, Code 2025, is 1 amended to read as follows: 2 1. Except as otherwise provided by state law, subsection 3 4 , or section 331.605 , the recorder shall collect a fee of 4 five ten dollars for each page or fraction of a page of an 5 instrument which that is filed or recorded in the recorder’s 6 office. If a page or fraction of a page contains more than 7 one transaction, the recorder shall collect the fee for each 8 transaction. 9 Sec. 2. Section 331.604, subsection 2, Code 2025, is amended 10 by striking the subsection. 11 Sec. 3. Section 331.604, subsection 3, paragraphs b, c, and 12 d, Code 2025, are amended by striking the paragraphs. 13 Sec. 4. Section 331.606B, subsection 7, paragraph a, Code 14 2025, is amended by striking the paragraph. 15 Sec. 5. TRANSITION. Any moneys remaining in a county’s 16 county recorder’s records management fund as of the effective 17 date of this Act shall be used by the county recorder for the 18 purposes outlined in section 331.602. On the effective date of 19 this Act, the county treasurer of each county shall transfer 20 any unencumbered and unobligated moneys in the county’s 21 county recorder’s electronic transaction fund to the treasurer 22 of state for deposit in the local government electronic 23 transaction fund created in section 331.604, Code 2025. Any 24 moneys remaining in the local government electronic transaction 25 fund after the effective date of this Act are appropriated 26 to the treasurer of state for the payment of claims approved 27 by the governing board of the county land record information 28 system pursuant to section 331.604, Code 2025. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 Under current law, in addition to the $5 county recorders 33 collect for each page of a document or instrument filed in the 34 county recorder’s office, $1 is collected for the recorder’s 35 -1- LSB 1284YH (3) 91 ll/js 1/ 3
H.F. 193 records management fund, and $1 is collected for the county 1 recorder’s electronic transaction fund, which is transferred 2 monthly by the county treasurer to the local government 3 electronic transaction fund. This bill amends current law by 4 changing the fee to a flat fee of $10 for each page filed or 5 recorded in the recorder’s office. 6 The bill eliminates the county recorder’s records management 7 funds. Under current law, a county recorder’s records 8 management fund is used by the recorder of each county 9 exclusively for the purpose of preserving and maintaining 10 public records including producing and maintaining public 11 records that meet archival standards, and enhancing the 12 technological storage, retrieval, and transmission capabilities 13 related to archival quality records. Additionally, the 14 fees in this fund are used to preserve and maintain public 15 records, assist counties in reducing record preservation 16 costs, encourage and foster maximum access to public records 17 maintained by county recorders at locations throughout the 18 state, and establish plans for anticipated and possible 19 future needs, including the handling and preservation of vital 20 statistics. 21 The bill eliminates county recorder’s electronic transaction 22 funds and the local government electronic transaction fund. 23 Under current law, the county treasurer pays on a monthly 24 basis the fees deposited into the county recorder’s electronic 25 transaction fund to the treasurer of state for deposit into 26 the local government electronic transaction fund. Moneys 27 credited to the local government electronic transaction 28 fund are used by the treasurer of state for the following 29 purposes: payment of claims approved by the governing board 30 of the county land record information system; planning and 31 implementing electronic recording and electronic transactions 32 in each county; developing county and statewide internet sites 33 to provide electronic access to records and information; and 34 paying the ongoing costs of integrating and maintaining the 35 -2- LSB 1284YH (3) 91 ll/js 2/ 3
H.F. 193 statewide internet site. 1 The bill eliminates a recorder’s ability to collect 2 an additional recording fee of $10 per document to accept 3 nonconforming documents. 4 The bill provides a transition provision stating that any 5 moneys remaining in the county recorder’s records management 6 fund as of the effective date of the bill shall be used by 7 the county recorder for the purposes outlined in Code section 8 331.602, and any moneys remaining in the local government 9 electronic transaction fund after the effective date of the 10 bill shall be used by the treasurer of state for the payment 11 of claims approved by the governing board of the county land 12 record information system. 13 -3- LSB 1284YH (3) 91 ll/js 3/ 3