HF 2775 (LSB 6903HV (2) 91)

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 in a county by a person who is not a resident of the county.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321G.4, subsection 2, paragraph a, Code 2026, is amended to read as follows:
   a.  The owner of the snowmobile shall file an application for registration with the department through the county recorder of the county of residence in the manner established by the commission. The application shall be completed by the owner and shall be accompanied by a fee of thirty dollars and a writing fee in accordance with section 321G.27.  In addition, the county recorder may charge a convenience fee in accordance with section 331.604, subsection 1, paragraph “b”. A snowmobile shall not be registered by the county recorder until the county recorder is presented with receipts, bills of sale, or other satisfactory evidence that the sales or use tax has been paid for the purchase of the snowmobile or that the owner is exempt from paying the tax. A snowmobile that has an expired registration certificate from another state may be registered in this state upon proper application, payment of all applicable registration and writing fees, and payment of a penalty of five dollars.
    Sec. 2.  Section 321I.4, subsection 2, paragraph a, Code 2026, is amended to read as follows:
   a.  The owner of the all-terrain vehicle shall file an application for registration with the department through the county recorder of the county of residence, or in the case of a nonresident owner, in the county of primary use, in the manner established by the commission. The application shall be completed by the owner and shall be accompanied by a fee of fifteen dollars and a writing fee as provided in section 321I.29.  In addition, the county recorder may charge a convenience fee in accordance with section 331.604, subsection 1, paragraph “b”. An all-terrain vehicle shall not be registered by the county recorder until the county recorder is presented with receipts, bills of sale, or other satisfactory evidence that the sales or use tax has been paid for the purchase of the all-terrain vehicle or that the owner is exempt from paying the tax. An all-terrain vehicle that has an expired registration certificate from another state may be registered in this state upon proper application, payment of all applicable registration and writing fees, and payment of a penalty of five dollars.
    Sec. 3.  Section 331.604, subsection 1, Code 2026, is amended to read as follows:
   1.  a.  Except as otherwise provided by state law, paragraph “b” of this subsection, subsection 4, or section 331.605, the recorder shall collect a fee of five 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.
   b.  The recorder may also charge, in addition to any other fee imposed by law, a convenience fee for the filing or recording of an instrument for a person who is not a resident of the county, unless that person pays property tax to the county and provides proof of payment such as a receipt as provided in section 445.5, subsection 6, or another form of proof as determined by the county. The recorder shall not charge a convenience fee in excess of ten dollars. All moneys collected pursuant to this paragraph shall be deposited into the county recorder’s records management fund and used for the purposes described in subsection 2, paragraph “b”.
    Sec. 4.  Section 462A.5, subsection 1, paragraph a, Code 2026, is amended to read as follows:
   a.  The owner of the vessel shall file an application for registration with the appropriate county recorder on forms provided by the commission. The application shall be completed and signed by the owner of the vessel and shall be accompanied by the appropriate fee, and the writing fee specified in section 462A.53.  In addition, the county recorder may charge a convenience fee in accordance with section 331.604, subsection 1, paragraph “b”. Upon applying for registration, the owner shall display a bill of sale, receipt, or other satisfactory proof of ownership as provided by the rules of the commission to the county recorder. If the county recorder is not satisfied as to the ownership of the vessel or that there are no undisclosed security interests in the vessel, the county recorder may register the vessel but shall, as a condition of issuing a registration certificate, require the applicant to follow the procedure provided in section 462A.5A. Upon receipt of the application in approved form accompanied by the required fees, the county recorder shall enter it upon the records of the recorder’s office and shall issue to the applicant a pocket-size registration certificate. The certificate shall be executed and delivered to the owner. The county recorder shall maintain an electronic record of each registration certificate issued by the county recorder under this chapter. The registration certificate shall bear the number awarded to the vessel, the passenger capacity of the vessel, and the name and address of the owner. In the use of all vessels except nonpowered sailboats, nonpowered canoes, and commercial vessels, the registration certificate shall be carried either in the vessel or on the person of the operator of the vessel when in use. In the use of nonpowered sailboats, nonpowered canoes, or commercial vessels, the registration certificate may be kept on shore in accordance with rules adopted by the commission. The operator shall exhibit the certificate to a peace officer upon request or, when involved in an occurrence of any nature with another vessel or other personal property, to the owner or operator of the other vessel or personal property.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill allows a county recorder to charge, in addition to any other fee imposed by law, a convenience fee for the filing or recording of an instrument, including the filing of an application for the registration of a snowmobile, all-terrain vehicle, or vessel, for a person who is not a resident of the county, unless that person pays property tax to the county and provides proof of payment. The recorder shall not charge a convenience fee in excess of $10. Moneys collected from the assessment of a convenience fee pursuant to the bill shall be deposited in the county’s county recorder’s records management fund and used for specified purposes.