Bill Text: IA SSB1100 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act relating to the disposal or return of certain notices and certificates filed or recorded during certain periods of time.

Spectrum: Committee Bill

Status: (N/A - Dead) 2017-02-23 - Subcommittee recommends passage. [SSB1100 Detail]

Download: Iowa-2017-SSB1100-Introduced.html
Senate Study Bill 1100 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON GARRETT) A BILL FOR An Act relating to the disposal or return of certain notices 1 and certificates filed or recorded during certain periods of 2 time. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1963XC (2) 87 md/nh
S.F. _____ Section 1. Section 331.609, subsections 5 and 6, Code 2017, 1 are amended to read as follows: 2 5. a. Filing or recording officers with whom notices 3 of federal tax liens, certificates, and notices affecting 4 the liens have been filed or recorded on or before July 1, 5 1970, shall, after that date, continue to maintain a file 6 labeled “federal tax lien notices filed prior to July 1, 1970” 7 containing notices and certificates filed in numerical order of 8 receipt. If a notice of lien was filed or recorded on or before 9 July 1, 1970, a certificate or notice affecting the lien shall 10 be filed or recorded in the same office. 11 b. The original lien, certificate, or notice included in 12 the file required to be maintained under paragraph “a” may 13 be returned to the sender or disposed of by the recorder if 14 the sender does not wish the instrument returned and if there 15 is an official copy of the lien, certificate, or notice in 16 the recorder’s office or the lien, certificate, or notice is 17 maintained in the recorder’s office as an electronic document 18 or is recorded, copied, or reproduced by any electronic, 19 optical, magnetic, microfilm, or other method of storage. 20 6. a. Filing or recording officers with whom notices of 21 federal tax liens, certificates, and notices affecting the 22 liens have been filed or recorded after July 1, 1970, and 23 before July 1, 1989, shall, after July 1, 1989, continue to 24 maintain a file labeled “federal tax lien notices filed after 25 July 1, 1970, and before July 1, 1989” containing notices and 26 certificates filed or recorded in numerical order of receipt. 27 If a notice of lien was filed or recorded on or after July 28 1, 1970, and before July 1, 1989, a certificate or notice 29 affecting the lien shall be filed or recorded in the same 30 office. 31 b. The original lien, certificate, or notice included in 32 the file required to be maintained under paragraph “a” may 33 be returned to the sender or disposed of by the recorder if 34 the sender does not wish the instrument returned and if there 35 -1- LSB 1963XC (2) 87 md/nh 1/ 2
S.F. _____ is an official copy of the lien, certificate, or notice in 1 the recorder’s office or the lien, certificate, or notice is 2 maintained in the recorder’s office as an electronic document 3 or is recorded, copied, or reproduced by any electronic, 4 optical, magnetic, microfilm, or other method of storage. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 Code section 331.609 establishes the filing and recording 9 requirements for notices of liens, certificates, and other 10 notices affecting federal tax liens or other federal liens. 11 Current law provides that filing or recording officers with 12 whom notices of federal tax liens, certificates, and notices 13 affecting the liens have been filed or recorded on or before 14 July 1, 1970, and after July 1, 1970, but before July 1, 1989, 15 shall, after such dates, continue to maintain specified files 16 containing the notices and certificates. 17 This bill allows the original lien, certificate, or notice 18 included in the file required to be maintained to be returned 19 to the sender or disposed of by the recorder if the sender does 20 not wish the instrument returned and if there is an official 21 copy of the lien, certificate, or notice in the recorder’s 22 office or the lien, certificate, or notice is maintained in the 23 recorder’s office as an electronic document or is recorded, 24 copied, or reproduced by any electronic, optical, magnetic, 25 microfilm, or other method of storage. 26 -2- LSB 1963XC (2) 87 md/nh 2/ 2
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