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Senate Study Bill 1100 - IntroducedA Bill ForAn Act 1relating to the disposal or return of certain notices
2and certificates filed or recorded during certain periods of
3time.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 331.609, subsections 5 and 6, Code 2017,
2are amended to read as follows:
35. a. Filing or recording officers with whom notices
4of federal tax liens, certificates, and notices affecting
5the liens have been filed or recorded on or before July 1,
61970, shall, after that date, continue to maintain a file
7labeled “federal tax lien notices filed prior to July 1, 1970”
8containing notices and certificates filed in numerical order of
9receipt. If a notice of lien was filed or recorded on or before
10July 1, 1970, a certificate or notice affecting the lien shall
11be filed or recorded in the same office.
12b. The original lien, certificate, or notice included in
13the file required to be maintained under paragraph “a” may
14be returned to the sender or disposed of by the recorder if
15the sender does not wish the instrument returned and if there
16is an official copy of the lien, certificate, or notice in
17the recorder’s office or the lien, certificate, or notice is
18maintained in the recorder’s office as an electronic document
19or is recorded, copied, or reproduced by any electronic,
20optical, magnetic, microfilm, or other method of storage.
216. a. Filing or recording officers with whom notices of
22federal tax liens, certificates, and notices affecting the
23liens have been filed or recorded after July 1, 1970, and
24before July 1, 1989, shall, after July 1, 1989, continue to
25maintain a file labeled “federal tax lien notices filed after
26July 1, 1970, and before July 1, 1989” containing notices and
27certificates filed or recorded in numerical order of receipt.
28If a notice of lien was filed or recorded on or after July
291, 1970, and before July 1, 1989, a certificate or notice
30affecting the lien shall be filed or recorded in the same
31office.
32b. The original lien, certificate, or notice included in
33the file required to be maintained under paragraph “a” may
34be returned to the sender or disposed of by the recorder if
35the sender does not wish the instrument returned and if there
-1-1is an official copy of the lien, certificate, or notice in
2the recorder’s office or the lien, certificate, or notice is
3maintained in the recorder’s office as an electronic document
4or is recorded, copied, or reproduced by any electronic,
5optical, magnetic, microfilm, or other method of storage.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9Code section 331.609 establishes the filing and recording
10requirements for notices of liens, certificates, and other
11notices affecting federal tax liens or other federal liens.
12Current law provides that filing or recording officers with
13whom notices of federal tax liens, certificates, and notices
14affecting the liens have been filed or recorded on or before
15July 1, 1970, and after July 1, 1970, but before July 1, 1989,
16shall, after such dates, continue to maintain specified files
17containing the notices and certificates.
18This bill allows the original lien, certificate, or notice
19included in the file required to be maintained to be returned
20to the sender or disposed of by the recorder if the sender does
21not wish the instrument returned and if there is an official
22copy of the lien, certificate, or notice in the recorder’s
23office or the lien, certificate, or notice is maintained in the
24recorder’s office as an electronic document or is recorded,
25copied, or reproduced by any electronic, optical, magnetic,
26microfilm, or other method of storage.
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2and certificates filed or recorded during certain periods of
3time.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 331.609, subsections 5 and 6, Code 2017,
2are amended to read as follows:
35. a. Filing or recording officers with whom notices
4of federal tax liens, certificates, and notices affecting
5the liens have been filed or recorded on or before July 1,
61970, shall, after that date, continue to maintain a file
7labeled “federal tax lien notices filed prior to July 1, 1970”
8containing notices and certificates filed in numerical order of
9receipt. If a notice of lien was filed or recorded on or before
10July 1, 1970, a certificate or notice affecting the lien shall
11be filed or recorded in the same office.
12b. The original lien, certificate, or notice included in
13the file required to be maintained under paragraph “a” may
14be returned to the sender or disposed of by the recorder if
15the sender does not wish the instrument returned and if there
16is an official copy of the lien, certificate, or notice in
17the recorder’s office or the lien, certificate, or notice is
18maintained in the recorder’s office as an electronic document
19or is recorded, copied, or reproduced by any electronic,
20optical, magnetic, microfilm, or other method of storage.
216. a. Filing or recording officers with whom notices of
22federal tax liens, certificates, and notices affecting the
23liens have been filed or recorded after July 1, 1970, and
24before July 1, 1989, shall, after July 1, 1989, continue to
25maintain a file labeled “federal tax lien notices filed after
26July 1, 1970, and before July 1, 1989” containing notices and
27certificates filed or recorded in numerical order of receipt.
28If a notice of lien was filed or recorded on or after July
291, 1970, and before July 1, 1989, a certificate or notice
30affecting the lien shall be filed or recorded in the same
31office.
32b. The original lien, certificate, or notice included in
33the file required to be maintained under paragraph “a” may
34be returned to the sender or disposed of by the recorder if
35the sender does not wish the instrument returned and if there
-1-1is an official copy of the lien, certificate, or notice in
2the recorder’s office or the lien, certificate, or notice is
3maintained in the recorder’s office as an electronic document
4or is recorded, copied, or reproduced by any electronic,
5optical, magnetic, microfilm, or other method of storage.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9Code section 331.609 establishes the filing and recording
10requirements for notices of liens, certificates, and other
11notices affecting federal tax liens or other federal liens.
12Current law provides that filing or recording officers with
13whom notices of federal tax liens, certificates, and notices
14affecting the liens have been filed or recorded on or before
15July 1, 1970, and after July 1, 1970, but before July 1, 1989,
16shall, after such dates, continue to maintain specified files
17containing the notices and certificates.
18This bill allows the original lien, certificate, or notice
19included in the file required to be maintained to be returned
20to the sender or disposed of by the recorder if the sender does
21not wish the instrument returned and if there is an official
22copy of the lien, certificate, or notice in the recorder’s
23office or the lien, certificate, or notice is maintained in the
24recorder’s office as an electronic document or is recorded,
25copied, or reproduced by any electronic, optical, magnetic,
26microfilm, or other method of storage.
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