HF 193 (LSB 1284YH (3) 91)

HOUSE FILE 193

BY  STONE

A BILL FOR

An Act concerning county recorder fees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.604, subsection 1, Code 2025, is amended to read as follows:
   1.  Except as otherwise provided by state law, subsection 4, 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.
    Sec. 2.  Section 331.604, subsection 2, Code 2025, is amended by striking the subsection.
    Sec. 3.  Section 331.604, subsection 3, paragraphs b, c, and d, Code 2025, are amended by striking the paragraphs.
    Sec. 4.  Section 331.606B, subsection 7, paragraph a, Code 2025, is amended by striking the paragraph.
    Sec. 5.  TRANSITION.  Any moneys remaining in a county’s county recorder’s records management fund as of the effective date of this Act shall be used by the county recorder for the purposes outlined in section 331.602. On the effective date of this Act, the county treasurer of each county shall transfer any unencumbered and unobligated moneys in the county’s county recorder’s electronic transaction fund to the treasurer of state for deposit in the local government electronic transaction fund created in section 331.604, Code 2025. Any moneys remaining in the local government electronic transaction fund after the effective date of this Act are appropriated to the treasurer of state for the payment of claims approved by the governing board of the county land record information system pursuant to section 331.604, Code 2025.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, in addition to the $5 county recorders collect for each page of a document or instrument filed in the county recorder’s office, $1 is collected for the recorder’s records management fund, and $1 is collected for the county recorder’s electronic transaction fund, which is transferred monthly by the county treasurer to the local government electronic transaction fund. This bill amends current law by changing the fee to a flat fee of $10 for each page filed or recorded in the recorder’s office.
   The bill eliminates the county recorder’s records management funds. Under current law, a county recorder’s records management fund is used by the recorder of each county exclusively for the purpose of preserving and maintaining public records including producing and maintaining public records that meet archival standards, and enhancing the technological storage, retrieval, and transmission capabilities related to archival quality records. Additionally, the fees in this fund are used to preserve and maintain public records, assist counties in reducing record preservation costs, encourage and foster maximum access to public records maintained by county recorders at locations throughout the state, and establish plans for anticipated and possible future needs, including the handling and preservation of vital statistics.
   The bill eliminates county recorder’s electronic transaction funds and the local government electronic transaction fund. Under current law, the county treasurer pays on a monthly basis 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 used by the treasurer of state for the following purposes: payment of claims approved by the governing board of the county land record information system; 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 eliminates a recorder’s ability to collect an additional recording fee of $10 per document to accept nonconforming documents.
   The bill provides a transition provision stating that any moneys remaining in the county recorder’s records management fund as of the effective date of the bill shall be used by the county recorder for the purposes outlined in Code section 331.602, and any moneys remaining in the local government electronic transaction fund after the effective date of the bill shall be used by the treasurer of state for the payment of claims approved by the governing board of the county land record information system.