Bill Text: IA SF514 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to specific circumstances requiring the submission of a groundwater hazard statement with the declaration of value submitted to a county recorder in order to grant, assign, transfer, or convey real property. (Formerly SSB 1125; See SF 626.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2019-04-17 - Committee report approving bill, renumbered as SF 626. S.J. 1010. [SF514 Detail]

Download: Iowa-2019-SF514-Introduced.html
Senate File 514 - Introduced SENATE FILE 514 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1125) A BILL FOR An Act relating to specific circumstances requiring the 1 submission of a groundwater hazard statement with the 2 declaration of value submitted to a county recorder in order 3 to grant, assign, transfer, or convey real property. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2240SV (3) 88 ko/jh
S.F. 514 Section 1. Section 558.69, subsection 1, unnumbered 1 paragraph 1, Code 2019, is amended to read as follows: 2 With For each declaration of value submitted to the county 3 recorder under chapter 428A , there shall be submitted a 4 groundwater hazard statement stating shall be prepared that 5 discloses all of the following: 6 Sec. 2. Section 558.69, subsections 3, 4, 7, and 8, Code 7 2019, are amended to read as follows: 8 3. The county recorder shall refuse to record If a known 9 private burial site, a known well, a known disposal site for 10 solid waste, a known underground storage tank, known hazardous 11 waste, or a known private sewage disposal system is disclosed 12 pursuant to subsection 1, the groundwater hazard statement 13 shall be submitted to the county recorder with any deed, 14 instrument, or writing for which a declaration of value is 15 required under chapter 428A unless the groundwater hazard 16 statement required by this section has been submitted to the 17 county recorder . The county recorder shall collect a fee of 18 twelve dollars for each groundwater hazard statement submitted 19 pursuant to this subsection. 20 4. A buyer of property shall be provided with a copy of the 21 submitted groundwater hazard statement by the seller. 22 7. The county recorder shall transmit the a submitted 23 groundwater hazard statements statement to the department of 24 natural resources at times a time and in a manner directed by 25 the director of the department. 26 8. The owner of the property is responsible for the accuracy 27 of the information submitted disclosed on the groundwater 28 hazard statement. The owner’s agent shall not be liable for 29 the accuracy of information provided by the owner of the 30 property. The provisions of this subsection do not limit 31 liability which may be imposed under a contract or under any 32 other law. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -1- LSB 2240SV (3) 88 ko/jh 1/ 2
S.F. 514 the explanation’s substance by the members of the general assembly. 1 This bill relates to the specific circumstances requiring 2 submission of a groundwater hazard statement with a declaration 3 of value submitted to a county recorder in order to grant, 4 assign, transfer, or convey real property. 5 Current law requires that a groundwater hazard statement 6 be submitted with each declaration of value submitted to the 7 county recorder under Code chapter 428A (real estate transfer 8 tax). The bill requires that a groundwater hazard statement be 9 prepared for each declaration of value submitted to the county 10 recorder under Code chapter 428A. However, the groundwater 11 hazard statement only needs to be submitted to the county 12 recorder if a known private burial site, a known well, a known 13 disposal site for solid waste, a known underground storage 14 tank, known hazardous waste, or a known private sewage disposal 15 system is disclosed on the groundwater hazard statement. 16 The bill requires that the buyer of a property be provided 17 with a copy of the prepared groundwater hazard statement and 18 provides that the owner of the property is responsible for the 19 accuracy of the information disclosed on the statement. 20 If the groundwater hazard statement is submitted to the 21 county recorder, the county recorder must transmit a copy to 22 the department of natural resources as directed by the director 23 of the department. 24 -2- LSB 2240SV (3) 88 ko/jh 2/ 2
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