Iowa-2015-HF561-Introduced
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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