House File 520 - Introduced
HOUSE FILE 520
BY COMMITTEE ON LOCAL
GOVERNMENT
(SUCCESSOR TO HSB 97)
A BILL FOR
1 An Act relating to the use of fees collected by a county
2 recorder or governing board of the county land record
3 information system for processing and recording instruments.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. Section 331.605B, subsection 2, Code 2021,
2 is amended by striking the subsection and inserting in lieu
3 thereof the following:
4 2. A recorder or the governing board of the county land
5 record information system shall collect only statutorily
6 authorized fees for land records management. The governing
7 board of the county land record information system shall not
8 collect a fee for viewing, accessing, or printing documents in
9 the county land record information system unless specifically
10 authorized by statute. The governing board of the county land
11 record information system may collect a fee of not more than
12 three dollars per recorded document for using the system to
13 process electronic documents for recording. Fees collected for
14 the processing of electronic documents for recording may be
15 used for the purposes specified in section 331.604 and other
16 purposes including but not limited to development, operation,
17 and maintenance of the county land record information
18 system and internet sites, systems for electronic filing for
19 recording, associated payment systems, security systems, the
20 land records databases, methods for searching the databases,
21 processes for the redaction of personally identifiable
22 information posted for public online access, and processes for
23 the integration of land records information with other property
24 information systems.
25 Sec. 2. Section 331.605B, Code 2021, is amended by adding
26 the following new subsection:
27 NEW SUBSECTION. 3. Use of the county land record
28 information system shall be subject to the terms and conditions
29 established by the governing board.
30 EXPLANATION
31 The inclusion of this explanation does not constitute agreement with
32 the explanation’s substance by the members of the general assembly.
33 Under current law, a county recorder and the governing board
34 of the county land record information system (governing board)
35 are allowed to collect only statutorily authorized fees for
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 H.F. 520
1 land records management. A county recorder and the governing
2 board are prohibited from collecting a fee for viewing,
3 accessing, or printing documents in the county land record
4 information system unless specifically authorized by statute.
5 This bill removes the county recorder from this prohibition.
6 In addition, the bill strikes a provision authorizing a county
7 recorder or the governing board to collect actual third-party
8 fees associated with accepting and processing statutorily
9 authorized fees, including credit card fees, treasury
10 management fees, and other transaction fees required to enable
11 electronic payment.
12 The bill allows the governing board to collect a fee of not
13 more than $3 per recorded document for using the system to
14 process electronic documents for recording, which fees may be
15 used for purposes outlined in Code section 331.604 (recording
16 and filing fees) and in the bill. The bill provides that
17 the use of the county land record information system shall
18 be subject to the terms and conditions established by the
19 governing board.
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Statutes affected:
Introduced: 331.605B, 331.604