House File 2775 - Introduced HOUSE FILE 2775 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HSB 761) A BILL FOR An Act relating to a convenience fee for recording instruments 1 in a county by a person who is not a resident of the county. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6903HV (2) 91 ms/js
H.F. 2775 Section 1. Section 321G.4, subsection 2, paragraph a, Code 1 2026, is amended to read as follows: 2 a. The owner of the snowmobile shall file an application for 3 registration with the department through the county recorder 4 of the county of residence in the manner established by the 5 commission. The application shall be completed by the owner 6 and shall be accompanied by a fee of thirty dollars and a 7 writing fee in accordance with section 321G.27 . In addition, 8 the county recorder may charge a convenience fee in accordance 9 with section 331.604, subsection 1, paragraph “b” . A snowmobile 10 shall not be registered by the county recorder until the 11 county recorder is presented with receipts, bills of sale, 12 or other satisfactory evidence that the sales or use tax has 13 been paid for the purchase of the snowmobile or that the 14 owner is exempt from paying the tax. A snowmobile that has 15 an expired registration certificate from another state may be 16 registered in this state upon proper application, payment of 17 all applicable registration and writing fees, and payment of a 18 penalty of five dollars. 19 Sec. 2. Section 321I.4, subsection 2, paragraph a, Code 20 2026, is amended to read as follows: 21 a. The owner of the all-terrain vehicle shall file an 22 application for registration with the department through the 23 county recorder of the county of residence, or in the case 24 of a nonresident owner, in the county of primary use, in 25 the manner established by the commission. The application 26 shall be completed by the owner and shall be accompanied 27 by a fee of fifteen dollars and a writing fee as provided 28 in section 321I.29 . In addition, the county recorder may 29 charge a convenience fee in accordance with section 331.604, 30 subsection 1, paragraph “b” . An all-terrain vehicle shall 31 not be registered by the county recorder until the county 32 recorder is presented with receipts, bills of sale, or other 33 satisfactory evidence that the sales or use tax has been paid 34 for the purchase of the all-terrain vehicle or that the owner 35 -1- LSB 6903HV (2) 91 ms/js 1/ 4
H.F. 2775 is exempt from paying the tax. An all-terrain vehicle that has 1 an expired registration certificate from another state may be 2 registered in this state upon proper application, payment of 3 all applicable registration and writing fees, and payment of a 4 penalty of five dollars. 5 Sec. 3. Section 331.604, subsection 1, Code 2026, is amended 6 to read as follows: 7 1. a. Except as otherwise provided by state law, paragraph 8 “b” of this subsection, subsection 4 , or section 331.605 , the 9 recorder shall collect a fee of five dollars for each page or 10 fraction of a page of an instrument which that is filed or 11 recorded in the recorder’s office. If a page or fraction of 12 a page contains more than one transaction, the recorder shall 13 collect the fee for each transaction. 14 b. The recorder may also charge, in addition to any other 15 fee imposed by law, a convenience fee for the filing or 16 recording of an instrument for a person who is not a resident 17 of the county, unless that person pays property tax to the 18 county and provides proof of payment such as a receipt as 19 provided in section 445.5, subsection 6, or another form of 20 proof as determined by the county. The recorder shall not 21 charge a convenience fee in excess of ten dollars. All moneys 22 collected pursuant to this paragraph shall be deposited into 23 the county recorder’s records management fund and used for the 24 purposes described in subsection 2, paragraph “b” . 25 Sec. 4. Section 462A.5, subsection 1, paragraph a, Code 26 2026, is amended to read as follows: 27 a. The owner of the vessel shall file an application for 28 registration with the appropriate county recorder on forms 29 provided by the commission. The application shall be completed 30 and signed by the owner of the vessel and shall be accompanied 31 by the appropriate fee, and the writing fee specified in 32 section 462A.53 . In addition, the county recorder may charge a 33 convenience fee in accordance with section 331.604, subsection 34 1, paragraph “b” . Upon applying for registration, the owner 35 -2- LSB 6903HV (2) 91 ms/js 2/ 4
H.F. 2775 shall display a bill of sale, receipt, or other satisfactory 1 proof of ownership as provided by the rules of the commission 2 to the county recorder. If the county recorder is not 3 satisfied as to the ownership of the vessel or that there are 4 no undisclosed security interests in the vessel, the county 5 recorder may register the vessel but shall, as a condition of 6 issuing a registration certificate, require the applicant to 7 follow the procedure provided in section 462A.5A . Upon receipt 8 of the application in approved form accompanied by the required 9 fees, the county recorder shall enter it upon the records 10 of the recorder’s office and shall issue to the applicant a 11 pocket-size registration certificate. The certificate shall 12 be executed and delivered to the owner. The county recorder 13 shall maintain an electronic record of each registration 14 certificate issued by the county recorder under this chapter . 15 The registration certificate shall bear the number awarded 16 to the vessel, the passenger capacity of the vessel, and the 17 name and address of the owner. In the use of all vessels 18 except nonpowered sailboats, nonpowered canoes, and commercial 19 vessels, the registration certificate shall be carried either 20 in the vessel or on the person of the operator of the vessel 21 when in use. In the use of nonpowered sailboats, nonpowered 22 canoes, or commercial vessels, the registration certificate 23 may be kept on shore in accordance with rules adopted by the 24 commission. The operator shall exhibit the certificate to a 25 peace officer upon request or, when involved in an occurrence 26 of any nature with another vessel or other personal property, 27 to the owner or operator of the other vessel or personal 28 property. 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 This bill allows a county recorder to charge, in addition to 33 any other fee imposed by law, a convenience fee for the filing 34 or recording of an instrument, including the filing of an 35 -3- LSB 6903HV (2) 91 ms/js 3/ 4
H.F. 2775 application for the registration of a snowmobile, all-terrain 1 vehicle, or vessel, for a person who is not a resident of the 2 county, unless that person pays property tax to the county and 3 provides proof of payment. The recorder shall not charge a 4 convenience fee in excess of $10. Moneys collected from the 5 assessment of a convenience fee pursuant to the bill shall be 6 deposited in the county’s county recorder’s records management 7 fund and used for specified purposes. 8 -4- LSB 6903HV (2) 91 ms/js 4/ 4