Bill Text: IA HF561 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to county recorder duties and fees. (Formerly HSB 166)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2015-03-23 - Fiscal note, revised. HCS. [HF561 Detail]

Download: Iowa-2015-HF561-Introduced.html

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House File 561 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON LOCAL
                                     GOVERNMENT

                                 (SUCCESSOR TO HSB 166)

                                      A BILL FOR

  1 An Act relating to county recorder duties and fees.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 331.602, Code 2015, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  4.  Carry out duties relating to access
  1  4 to online electronic services, including participation and
  1  5 compliance with the policies and procedures established by the
  1  6 governing board of the county land record information system
  1  7 pursuant to section 331.604, subsection 3, and including but
  1  8 not limited to the policies, procedures, and duties specified
  1  9 in this section and section 331.603.
  1 10    Sec. 2.  Section 331.604, subsection 3, paragraphs a, b, and
  1 11 d, Code 2015, are amended to read as follows:
  1 12    a.  Each county shall participate in the county land record
  1 13 information system and shall comply with the policies and
  1 14 procedures established by the governing board of the county
  1 15 land record information system, which participation shall be
  1 16 established pursuant to an agreement entered into under chapter
  1 17 28E by all counties in this state.
  1 18    b.  (1)  For the period beginning July 1, 2004, and ending
  1 19 June 30, 2009, the The county recorder shall also collect a
  1 20 fee of one dollar two dollars for each recorded transaction,
  1 21 regardless of the number of pages, for which a fee is paid
  1 22 pursuant to subsection 1 to be used for the purpose set forth
  1 23 in paragraph "d".
  1 24    (2)  For the period beginning July 1, 2009, and ending
  1 25 June 30, 2011, the recorder shall also collect a fee of three
  1 26 dollars for each recorded transaction, regardless of the number
  1 27 of pages, for which a fee is paid pursuant to subsection 1 to be
  1 28 used for the following purposes:
  1 29    (a)  Maintaining the statewide internet site and the county
  1 30 land record information system.
  1 31    (b)  Integrating information contained in documents and
  1 32 records maintained by the recorder and other land record
  1 33 information from other sources with the county land record
  1 34 information system.
  1 35    (c)  Implementing and maintaining a process for redacting
  2  1 personally identifiable information contained in electronic
  2  2 documents that are displayed for public access through an
  2  3 internet site or that are transferred to another person.
  2  4    (3)  Beginning July 1, 2011, the recorder shall also collect
  2  5 a fee of one dollar for each recorded transaction, regardless
  2  6 of the number of pages, for which a fee is paid pursuant to
  2  7 subsection 1 to be used for the purposes in subparagraph (2)
  2  8 and for the following purposes:
  2  9    (a)  (d)  Establishing and implementing standards for
  2 10 recording, processing, and archiving electronic documents and
  2 11 records, including standards for local land records management
  2 12 systems.
  2 13    (b)  (e)  Expanding access to records by encouraging
  2 14 electronic indexing and scanning of documents and instruments
  2 15 recorded in prior years.
  2 16    (4)  Notwithstanding subparagraph (2), the fee collected
  2 17 by the recorder under this subsection for recording a plat of
  2 18 survey is one dollar, regardless of the number of pages. For
  2 19 purposes of this subparagraph, "plat of survey" means the same
  2 20 as defined in section 355.1, subsection 9.
  2 21    (5)  (2)  Fees collected in excess of the amount needed
  2 22 for the purposes specified in this subsection shall be used
  2 23 by the county land record information system to reduce or
  2 24 eliminate service fees for electronic submission of documents
  2 25 and instruments as described in section 331.605B.
  2 26    d.  The local government electronic transaction fund is
  2 27 established in the office of the treasurer of state under the
  2 28 control of the treasurer of state. Moneys deposited into the
  2 29 fund are not subject to section 8.33. Notwithstanding section
  2 30 12C.7, interest or earnings on moneys in the local government
  2 31 electronic transaction fund shall be credited to the fund.
  2 32 Moneys in the local government electronic transaction fund
  2 33 are not subject to transfer, appropriation, or reversion to
  2 34 any other fund, or any other use except as provided in this
  2 35 subsection. On a monthly basis, the county treasurer shall
  3  1 pay the fees deposited into the county recorder's electronic
  3  2 transaction fund to the treasurer of state for deposit into
  3  3 the local government electronic transaction fund. Moneys
  3  4 credited to the local government electronic transaction fund
  3  5 are appropriated to the treasurer of state for the payment
  3  6 of claims approved by the governing board of the county land
  3  7 record information system. Except as otherwise provided in
  3  8 this subsection, expenditures from the fund shall be for the
  3  9 purpose of planning and implementing electronic recording and
  3 10 electronic transactions in each county, developing county
  3 11 and statewide internet sites to provide electronic access
  3 12 to records and information, and to pay the ongoing costs of
  3 13 integrating and maintaining the statewide internet site.
  3 14    Sec. 3.  Section 331.605B, subsection 2, Code 2015, is
  3 15 amended to read as follows:
  3 16    2.  a.  A recorder or the governing board of the county
  3 17 land record information system shall collect only statutorily
  3 18 authorized fees for land records management. A recorder or the
  3 19 governing board of the county land record information system
  3 20 shall not collect a fee for viewing, accessing, or printing
  3 21 documents in the county land record information system unless
  3 22 specifically authorized by statute. However, a A recorder
  3 23 or the governing board of the county land record information
  3 24 system may collect actual third=party fees associated
  3 25 with accepting and processing statutorily authorized fees,
  3 26 including credit card fees, treasury management fees, and other
  3 27 transaction fees required to enable electronic payment. For
  3 28 the purposes of this subsection, the term "third=party" does
  3 29 not include the county land record information system, the Iowa
  3 30 state association of counties, or any of the association's
  3 31 affiliates a fee for costs related to the use of credit cards
  3 32 and debit cards.
  3 33    b.  The provisions of this subsection shall be subject to
  3 34 legislative review at least every five years.
  3 35                           EXPLANATION
  4  1 The inclusion of this explanation does not constitute agreement with
  4  2 the explanation's substance by the members of the general assembly.
  4  3    This bill relates to county recorder duties and fees.
  4  4    The bill requires county recorders to carry out duties
  4  5 relating to access to online electronic services in accordance
  4  6 with policies and procedures established by the governing board
  4  7 of the county land record information system, and including but
  4  8 not limited to the current statutory policies, procedures, and
  4  9 duties relating to land records.
  4 10    The bill provides that participation in the county land
  4 11 record information system shall be established pursuant to
  4 12 an agreement entered into by all counties in this state and
  4 13 makes changes to what constitutes allowable expenditures
  4 14 from the local government electronic transaction fund. The
  4 15 bill requires that the county recorder collect a $2 fee for
  4 16 each recorded transaction to be used for purposes currently
  4 17 specified in statute. Under current law, the fee is set at $1.
  4 18 The bill also specifies an additional allowable use of such
  4 19 fees, for establishing and implementing standards for local
  4 20 land records management systems.
  4 21    Under current law, a county recorder or the governing board
  4 22 of the county land record information system is authorized to
  4 23 collect any actual third=party fees associated with accepting
  4 24 and processing payment of fees the recorder or system is
  4 25 authorized to collect. The bill, however, strikes that
  4 26 provision and instead provides that a recorder or the governing
  4 27 board of the county land record information system may collect
  4 28 a fee for costs related to the use of credit cards and debit
  4 29 cards. The bill further requires that the legislature review
  4 30 the provisions of Code section 331.605B, subsection 2, every
  4 31 five years.
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