House File 837 - Enrolled
House File 837
AN ACT
RELATING TO THE USE OF FEES COLLECTED BY A COUNTY RECORDER OR
GOVERNING BOARD OF THE COUNTY LAND RECORD INFORMATION SYSTEM
FOR PROCESSING AND RECORDING INSTRUMENTS.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 331.604, subsection 3, paragraph b, Code
2 2021, is amended to read as follows:
3 b. (1) For the period beginning July 1, 2004, and ending
4 June 30, 2009, the county recorder shall also collect a fee of
5 one dollar for each recorded transaction, regardless of the
6 number of pages, for which a fee is paid pursuant to subsection
7 1 to be used for the purpose set forth in paragraph “d”.
8 (2) For the period beginning July 1, 2009, and ending
9 June 30, 2011, the recorder shall also collect a fee of three
10 dollars for each recorded transaction, regardless of the number
11 of pages, for which a fee is paid pursuant to subsection 1 to be
12 used for the following purposes:
13 (a) Maintaining the statewide internet site and the county
14 land record information system.
15 (b) Integrating information contained in documents and
16 records maintained by the recorder and other land record
17 information from other sources with the county land record
18 information system.
19 (c) Implementing and maintaining a process for redacting
20 personally identifiable information contained in electronic
21 documents that are displayed for public access through an
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22 internet site or that are transferred to another person.
23 (3) Beginning July 1, 2011, the The recorder shall also
24 collect a fee of one dollar for each recorded transaction,
25 regardless of the number of pages, for which a fee is paid
26 pursuant to subsection 1 to be used for the purposes in
27 subparagraph (2) and for the following purposes:
28 (a) Establishing and implementing standards for recording,
29 processing, and archiving electronic documents and records.
30 (b) Expanding access to records by encouraging electronic
31 indexing and scanning of documents and instruments recorded in
32 prior years.
33 (b) Maintaining the statewide internet site and the county
34 land record information system.
35 (c) Integrating information contained in documents and
1 records maintained by the recorder and other land record
2 information from other sources with the county land record
3 information system.
4 (d) Implementing and maintaining a process for redacting
5 personally identifiable information contained in electronic
6 documents that are displayed for public access through an
7 internet site or that are transferred to another person.
8 (4) (2) Notwithstanding subparagraph (2), the The fee
9 collected by the recorder under this subsection for recording
10 a plat of survey is one dollar, regardless of the number of
11 pages. For purposes of this subparagraph, “plat of survey”
12 means the same as defined in section 355.1, subsection 9.
13 (5) (3) Fees collected in excess of the amount needed
14 for the purposes specified in this subsection shall be used
15 by the county land record information system to reduce or
16 eliminate service fees for electronic submission of documents
17 and instruments.
18 Sec. 2. Section 331.605B, subsection 2, Code 2021, is
19 amended by striking the subsection and inserting in lieu
20 thereof the following:
21 2. A recorder or the governing board of the county land
22 record information system shall collect only statutorily
23 authorized fees for land records management. The governing
24 board of the county land record information system shall not
25 collect a fee for viewing, accessing, or printing documents in
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26 the county land record information system unless specifically
27 authorized by statute. The governing board of the county land
28 record information system may collect a fee of not more than
29 three dollars per recorded document for using the system to
30 process electronic documents for recording. An additional
31 service charge may be added for credit or debit card payments.
32 Fees collected for the processing of electronic documents for
33 recording may be used for the purposes specified in section
34 331.604 and for the purposes of development, operation, and
35 maintenance of the county land record information system and
1 internet sites, systems for electronic filing for recording,
2 associated payment systems, security systems, the land records
3 databases, methods for searching the databases, processes for
4 the redaction of personally identifiable information posted for
5 public online access, and processes for the integration of land
6 records information with other property information systems.
7 Sec. 3. COUNTY LAND RECORD INFORMATION SYSTEM BUDGET AND
8 RECORDING SERVICES COSTS —— REPORTS.
9 By January 17, 2022, the governing board of the county land
10 record information system shall submit to the chairperson and
11 the ranking member of the senate committee on local government,
12 the chairperson and the ranking member of the house committee
13 on local government, the legislative services agency, and each
14 caucus or research staff director of the general assembly a
15 report that includes all of the following:
16 1. Financial information concerning revolving moneys and
17 budgeted income and expenses for calendar years 2020 and 2021
18 as described in section 331.604, subsection 3, paragraph “b”,
19 as amended in this Act, and section 331.605B, subsection 2, as
20 amended in this Act.
21 2. Information about reserve funds and expenditures from
22 those reserves.
23 3. A review of electronic recording fees charged by public
24 and commercial organizations in recording jurisdictions outside
25 of Iowa.
26 4. Information about current and future resource and policy
27 needs to provide for the sustainability of the county land
28 record information system.
29 5. A review of customer and stakeholder perceptions about
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30 the county land record information system including user
31 feedback on the fees charged for electronic recording.
______________________________ ______________________________
PAT GRASSLEY JAKE CHAPMAN
Speaker of the House President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 837, Eighty-ninth General Assembly.
______________________________
MEGHAN NELSON
Chief Clerk of the House
Approved _______________, 2021 ______________________________
KIM REYNOLDS
Governor


Statutes affected:
Introduced: 331.605B
Reprinted: 331.604
Enrolled: 331.604