Bill Text: IA HF633 | 2025-2026 | 91st General Assembly | Introduced


Bill Title: A bill for an act concerning county recorder policies and procedures including the imposition of fees and the establishment of funds, and including transition and effective date provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-02-28 - Introduced, referred to Ways and Means. H.J. 471. [HF633 Detail]

Download: Iowa-2025-HF633-Introduced.html
House File 633 - Introduced HOUSE FILE 633 BY LATHAM A BILL FOR An Act concerning county recorder policies and procedures 1 including the imposition of fees and the establishment 2 of funds, and including transition and effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1802YH (1) 91 ll/js
H.F. 633 Section 1. Section 331.601A, Code 2025, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 01. “Additional parcel identifier” means a 3 capitalized letter or a string of numbers separated by a hyphen 4 used to identify a proposed separate piece of real estate 5 represented on a plat or survey or drawing related to a plat or 6 survey. 7 NEW SUBSECTION . 3A. “Electronic services system” means the 8 organization formed under chapter 28E between the counties to 9 create and implement a statewide electronic county land record 10 management system as required by 2005 Iowa Acts, ch. 179, 11 §101, as amended by 2021 Iowa Acts, ch. 126, §2, and this Act. 12 “Electronic services system” also means the statewide electronic 13 system implemented to accept, manage, and make available 14 records filed with a county recorder. 15 NEW SUBSECTION . 7A. “Parcel identification number” means 16 the unique identification number designated to each piece of 17 real estate referenced in the book of plats kept by the auditor 18 in section 558.63. 19 Sec. 2. Section 331.601A, subsections 3 and 7, Code 2025, 20 are amended to read as follows: 21 3. “Electronic document” means a document or instrument 22 that is received, processed, disseminated, or maintained in an 23 electronic format. The submission of an electronic document 24 through the county land record information electronic services 25 system electronic submission service shall be equivalent to 26 delivery of a document through the United States postal service 27 or by personal delivery at designated offices in each county. 28 Persons who submit electronic documents for recording are 29 responsible for ensuring that the electronic documents comply 30 with all requirements for recording. 31 7. “Page” means a writing, printing, or drawing, other than 32 a plat or survey or a drawing related to a plat or survey, 33 occurring on one side only and covering all or part of such 34 side, and not larger than eight and one-half inches in width 35 -1- LSB 1802YH (1) 91 ll/js 1/ 19
H.F. 633 and fourteen inches in length. “Page” also includes a plat 1 of survey, as defined in section 355.1, subsection 9, or a 2 drawing related to a plat of survey occurring on one side only 3 and covering all or part of such side, with a width of not 4 larger than twenty-four inches and a length of not larger than 5 thirty-six inches. 6 Sec. 3. Section 331.603, subsection 5, paragraph a, Code 7 2025, is amended to read as follows: 8 a. The governing board of the county land record information 9 system shall not enter into an agreement to provide access 10 to electronic documents or records on a batch basis. The 11 county recorder may collect reasonable fees for access to 12 electronic documents and records pursuant to an agreement. 13 The fees shall not exceed the actual cost of providing access 14 to the electronic documents and records. “Actual cost” means 15 only those expenses directly attributable to providing access 16 to electronic documents and records. “Actual cost” shall 17 not include costs such as employment benefits, depreciation, 18 maintenance, electricity, or insurance associated with the 19 administration of the office of the county recorder or the 20 county land record information system . 21 Sec. 4. Section 331.604, Code 2025, is amended by striking 22 the section and inserting in lieu thereof the following: 23 331.604 Recording and filing fees. 24 1. a. Except as otherwise provided by state law, including 25 paragraph “b” of this subsection or section 331.605, the 26 recorder shall collect a fee of ten dollars for each page or 27 fraction of a page of an instrument that is physically filed or 28 recorded in the recorder’s office. The maximum recording fee 29 for documents with fifty or more pages is five hundred dollars. 30 b. A county shall not be required to pay a fee to the 31 recorder for filing or recording instruments. However, a 32 county treasurer is required to pay recording fees pursuant to 33 sections 437A.11 and 437B.7. 34 2. The treasurer, on behalf of the recorder, shall establish 35 -2- LSB 1802YH (1) 91 ll/js 2/ 19
H.F. 633 and maintain a recorder’s technology advancement fund into 1 which all moneys collected pursuant to subsection 3 shall be 2 deposited. Interest earned on moneys deposited in the fund 3 shall be credited to the recorder’s technology advancement 4 fund. The recorder may collaborate with other entities, 5 boards, and agencies to further the purposes of subsection 3. 6 3. From the total fee paid for the recording of a document 7 or instrument pursuant to subsection 1, two dollars shall be 8 transferred to the recorder’s technology advancement fund. 9 Moneys in the recorder’s technology advancement fund must be 10 used for the following purposes: 11 a. Maintaining and improving equipment, software, and 12 systems. 13 b. Preserving and maintaining archived physical and 14 electronic documents and instruments. 15 c. Converting physical documents to electronic documents 16 and, if it is possible to index the documents during the 17 conversion to meet the requirements outlined in sections 18 331.606 and 558.49, indexing the documents. 19 d. Education and training for advancing technology. 20 4. The treasurer, on behalf of the recorder, shall establish 21 and maintain a recorder’s electronic services system fund into 22 which all moneys collected pursuant to subsection 5 shall be 23 deposited. Interest earned on moneys deposited in the fund 24 shall be credited to the recorder’s electronic services system 25 fund. 26 5. a. From the total fee paid for the recording of a 27 document or instrument pursuant to subsection 1, three dollars 28 shall be transferred to the recorder’s electronic services 29 system fund. The recorder’s electronic services system fund 30 must be used for the purposes outlined in section 331.605B, 31 subsection 1. 32 b. By the first day of each month, the treasurer shall 33 transfer the moneys deposited into the recorder’s electronic 34 services system fund to an account in a financial institution 35 -3- LSB 1802YH (1) 91 ll/js 3/ 19
H.F. 633 designated by the electronic services system. 1 6. The recorder or the electronic services system shall 2 make available any information required by the county auditor 3 or auditor of state concerning the moneys collected from 4 fees under this section and the uses for which such fees are 5 expended. 6 Sec. 5. Section 331.605B, Code 2025, is amended by striking 7 the section and inserting in lieu thereof the following: 8 331.605B Electronic services system —— fees collected —— 9 liability. 10 1. The governing board of the electronic services system 11 shall create and implement a statewide electronic county land 12 record management system for the following purposes: 13 a. Enable electronic filing to record documents. 14 b. Provide electronic access to recorded documents to the 15 public. 16 c. Receive electronic payments to process electronic 17 documents for recording. 18 d. Implement security and redaction systems to protect 19 personally identifiable information. 20 e. Integrate with other appropriate real property filing or 21 management systems. 22 f. Establish standards for processing, recording, indexing, 23 accessing, and archiving documents for electronic county land 24 record management systems. 25 g. Develop a notification system to inform a user when 26 electronic filings or records are associated with the 27 user’s name, identified property, or other recorded filing 28 information. 29 2. The electronic services system may collect a fee of not 30 more than three dollars per recorded document to receive and 31 process electronic documents for recording. An additional 32 service charge may be added for credit or debit card payments. 33 The moneys collected from fees to receive and process 34 electronic documents for recording shall be used for the 35 -4- LSB 1802YH (1) 91 ll/js 4/ 19
H.F. 633 purposes specified in subsection 1. The electronic services 1 system shall collect only statutorily authorized fees for land 2 records management and shall not collect a fee for viewing, 3 accessing, or printing documents in the statewide electronic 4 county land record management system unless specifically 5 authorized by statute. The electronic services system shall 6 not provide access to electronic filings or records on a batch 7 basis. 8 3. Each county shall participate in the electronic services 9 system and shall comply with the policies and procedures 10 established by the governing board of the electronic services 11 system. The board of supervisors of each county, on behalf 12 of each county recorder, may vote to amend the chapter 28E 13 agreement with other counties to provide for the ongoing 14 implementation of the electronic services system as required 15 by 2005 Iowa Acts, ch. 179, §101, as amended by 2021 Iowa Acts, 16 ch. 126, §2, and this Act. 17 4. The electronic services system is a unit of local 18 government for purposes of chapter 670. However, a person 19 who has contracted with the governing board of the electronic 20 services system to carry out the duties of the board is not an 21 employee for purposes of chapter 670. 22 Sec. 6. Section 331.606, subsections 1 and 2, Code 2025, are 23 amended to read as follows: 24 1. a. In addition to the information required in section 25 331.606B, subsection 2, section 558.49, and other requirements 26 specified by law, the recorder shall note in the electronic 27 county land record management system the date of filing of 28 each instrument, the number and character , type, or title 29 of the instrument, and the name of each grantor and grantee 30 named in the instrument. In numbering the When assigning 31 reference numbers to documents or instruments, the recorder may 32 start with the number one immediately following the date of 33 annual settlement with the board and continue to number them 34 consecutively until the next annual settlement with the board 35 -5- LSB 1802YH (1) 91 ll/js 5/ 19
H.F. 633 or the recorder may shall start with number one on the first 1 working day of the calendar year and continue to number the 2 instruments consecutively until the last working day of the 3 calendar year. Reference numbers shall include only numbers, 4 contain no more than eight digits, and the county two-digit 5 number and four-digit year must precede each reference number. 6 The recorder may also assign a book or page number to the 7 reference number. 8 b. Associated and antecedent recording references shall be 9 indexed with the recorded document. 10 c. A parcel identification number shall be referenced if 11 known and shall not be modified unless the modification is 12 necessary to correct an error. 13 d. A legal description and parsed location information 14 shall be indexed if known. For platted land, the indexed 15 information shall include the lot, block, subdivision name, 16 city or township, and county. For unplatted land, the indexed 17 information shall include the section, township, range, and 18 quarter section. Indexing quarters of a quarter section is 19 recommended but not required. 20 e. Any additional parcel identifier shall be indexed as an 21 additional parcel identifier in the electronic services system. 22 2. The recorder shall also note in the index the exact 23 time hour, minute, and second of the filing recording of each 24 document or instrument. 25 Sec. 7. Section 331.606A, subsections 3 and 4, Code 2025, 26 are amended to read as follows: 27 3. Redaction from electronic documents. Personally 28 identifiable information that is contained in electronic 29 documents that are displayed for public access on an internet 30 site, or which that are transferred to any person, shall be 31 redacted prior to displaying or transferring the documents. 32 Each recorder that displays electronic documents and the 33 county land record information electronic services system that 34 displays electronic documents on behalf of a county shall 35 -6- LSB 1802YH (1) 91 ll/js 6/ 19
H.F. 633 implement a system for redacting personally identifiable 1 information. The recorder and the governing board of the 2 county land record information electronic services system shall 3 establish a procedure by which individuals may request that 4 personally identifiable information contained in an electronic 5 document displayed on an internet site be redacted, at no 6 fee to the requesting individual. The requirements of this 7 subsection shall be fully implemented not later than December 8 31, 2011. 9 4. Dissemination of documents. Persons who have contracted 10 with a county recorder or the governing board of the county 11 land record information electronic services system to redact 12 personally identifiable information from electronic documents 13 pursuant to subsection 3 shall not sell, transfer, or otherwise 14 disseminate the electronic documents in an unaltered or 15 redacted form, except as provided for in the contract. 16 Sec. 8. Section 331.606A, subsection 7, Code 2025, is 17 amended by striking the subsection and inserting in lieu 18 thereof the following: 19 7. Redaction of names. Upon request by a peace officer, 20 as defined in section 801.4, civilian employee of a law 21 enforcement agency, or state or federal judicial officer 22 or state or federal prosecutor, the county assessor or the 23 county assessor’s staff, or the county recorder or the county 24 recorder’s staff, shall redact the requestor’s name contained 25 in electronic documents that are displayed for public access 26 through an internet site. Upon request by a former peace 27 officer, as defined in section 801.4, or a former civilian 28 employee of a law enforcement agency, the county assessor or 29 the county assessor’s staff, or the county recorder or the 30 county recorder’s staff, may redact, upon the presentation of 31 evidence that a compelling safety interest is served by doing 32 so, the requestor’s name contained in electronic documents that 33 are displayed for public access through an internet site. This 34 subsection does not apply to a requestor holding or seeking 35 -7- LSB 1802YH (1) 91 ll/js 7/ 19
H.F. 633 public office. The county assessor and the county recorder 1 shall implement a process without charging a fee to facilitate 2 requests pursuant to this subsection. 3 Sec. 9. Section 331.606B, subsection 1, Code 2025, is 4 amended to read as follows: 5 1. Except as otherwise provided in subsection 7 , the county 6 recorder shall refuse any document or instrument presented 7 for recording To ensure that recorded documents are legible 8 and contain all required information in order to facilitate a 9 permanent record that can be properly archived and indexed, a 10 recorder may decline to record a document or instrument that 11 does not meet the following requirements: 12 a. Each document or instrument shall consist of one or 13 more individual pages not permanently bound or in a continuous 14 form. The For purposes of this paragraph, “continuous form” 15 means individual one-sided pages. A physical document or 16 instrument presented for filing shall not have any attachment 17 be permanently bound, stapled , taped, or otherwise affixed 18 to any page except as necessary to comply with statutory 19 requirements and must contain text or graphics on only one 20 side . However, the The individual pages of a document or 21 instrument may be stapled clipped together for presentation for 22 recording. A document or instrument containing a label that 23 is firmly attached with a bar code or return address may be 24 accepted for recording. 25 b. All preprinted text shall must be legible and the font 26 at least eight ten point in size and no more than twenty 27 characters and spaces per inch , except that the font may be 28 eight point in size if the document is a plat or survey . All 29 other text typed or computer generated, including but not 30 limited to all names of parties to an agreement, shall be at 31 least ten point in size and no more than sixteen characters 32 and spaces per inch. If a document or instrument, other than 33 a plat or survey or a drawing related to a plat or survey, 34 presented for recording contains type smaller than eight point 35 -8- LSB 1802YH (1) 91 ll/js 8/ 19
H.F. 633 type for the preprinted text and ten point type for all other 1 text, the document or instrument shall be accompanied by an 2 exact typewritten or printed copy that meets the requirements 3 of this section . 4 c. Each document shall be of sufficient legibility to 5 produce a clear reproduction. If a A document or instrument, 6 other than a plat or survey or a drawing related to a plat or 7 survey, that is not fully or partially sufficiently legible 8 to produce a clear reproduction , the document or instrument 9 shall be accompanied by an exact typewritten or printed copy 10 that meets the type size requirements of paragraph “b” and 11 shall a legible copy of the full or partial page, which will be 12 recorded contemporaneously as additional pages of the document 13 or instrument. 14 d. Each A physical document or instrument , other than a plat 15 or survey or a drawing related to a plat or survey, shall must 16 be on standard white paper of not less than twenty-pound weight 17 without watermarks or other visible inclusions markings . All 18 text within the document or instrument shall be of sufficient 19 color and clarity to ensure that the text is readable when 20 reproduced from the record. 21 e. All signatures on a document or instrument shall be in 22 black or dark blue ink and of sufficient color and clarity to 23 ensure that the signatures are readable discernible when the 24 document or instrument is reproduced from the record. The 25 corresponding name shall must be typed, printed , or stamped 26 beneath the original signature. The typing or printing of a 27 name or the application of an embossed or inked stamp shall 28 not cover or otherwise materially interfere with any part 29 of the document or instrument except where when provided by 30 law. Failure to print or type signatures as provided in this 31 paragraph does not invalidate the document or instrument. 32 f. The first page of each document or instrument, other 33 than a plat or survey or a drawing related to a plat or survey, 34 shall have a top margin of at least three inches of vertical 35 -9- LSB 1802YH (1) 91 ll/js 9/ 19
H.F. 633 space from left to right which shall be reserved one-half of 1 one inch. If the document or instrument does not include a 2 cover page, then there must be a blank rectangular space with 3 the dimensions of three and three-fourths inches in width and 4 two and one-half inches in height adjacent to the margin on the 5 first page and designated for the recorder’s use. All other 6 margins on the document or instrument shall be a minimum of 7 three-fourths of one inch. Nonessential information including 8 but not limited to form numbers, page numbers, or customer 9 notations may be placed in a margin except the top margin. The 10 recorder shall not incur any liability for not showing a seal 11 or information that extends beyond the margin of the permanent 12 archival record. 13 g. Each A document or instrument presented for recording 14 shall meet the requirements of section 331.606A, subsection 2 15 not include personally identifiable information unless redacted 16 in accordance with section 331.606A, subsection 3 . 17 Sec. 10. Section 331.606B, subsection 2, unnumbered 18 paragraph 1, Code 2025, is amended to read as follows: 19 Each document or instrument, other than a plat or survey or 20 a drawing related to a plat or survey, that is presented for 21 recording shall contain the following information on the first 22 page below the three-inch margin or on a cover page : 23 Sec. 11. Section 331.606B, subsection 2, paragraphs a, d, 24 and i, Code 2025, are amended to read as follows: 25 a. The name, address, and either the telephone number or 26 email address of the individual who prepared the document , or 27 the contact information for an individual familiar with the 28 document or instrument who is able to address questions from 29 the recorder . 30 d. The title or type of the document or instrument. 31 i. A document or instrument number for statutory 32 requirements Associated and antecedent recording references , 33 if applicable. 34 Sec. 12. Section 331.606B, subsection 3, Code 2025, is 35 -10- LSB 1802YH (1) 91 ll/js 10/ 19
H.F. 633 amended to read as follows: 1 3. A cover page meeting the requirements of section 2 331.606B, subsection 1, may be included with the document 3 or instrument and will be recorded contemporaneously as an 4 additional page of the document or instrument. If insufficient 5 space exists on the first page or the cover page for all of the 6 information described in subsection 2 , the person presenting 7 the document for recording must identify on the first page 8 or the cover page a page reference of for the document or 9 instrument where the required information is located shall be 10 noted on the first page can be located . 11 Sec. 13. Section 331.606B, subsection 4, Code 2025, is 12 amended by striking the subsection and inserting in lieu 13 thereof the following: 14 4. A recording of a document or instrument evidencing a 15 transaction for the conveyance or assignment of property, 16 transactions related to the property’s financing, or a release 17 of a legal or financial obligation on the property applies 18 solely to the parties identified and participating in the 19 recorded transaction and not any other party concerning any 20 other transaction. 21 Sec. 14. Section 331.606B, subsection 6, Code 2025, is 22 amended to read as follows: 23 6. A physical document or instrument rejected declined 24 for recording by a recorder shall be returned to the preparer 25 or presenter accompanied by an explanation of the reason 26 for rejection declining the document or instrument and any 27 information necessary to correct the defect . A person who 28 files an electronic document or instrument declined for 29 recording by a recorder shall be notified by the recorder that 30 the document or instrument has been declined, the reason the 31 document or instrument has been declined, and any information 32 necessary to correct the defect. If the recording fee for an 33 electronic document or instrument was calculated and processed 34 incorrectly, the person who filed the document or instrument 35 -11- LSB 1802YH (1) 91 ll/js 11/ 19
H.F. 633 shall be notified of the error and the reason for the fee 1 adjustment by the recorder. 2 Sec. 15. Section 331.606B, subsection 7, Code 2025, is 3 amended by striking the subsection. 4 Sec. 16. NEW SECTION . 331.612 Recording of surveys. 5 1. Notwithstanding section 331.606B, the following 6 document or document formatting standards shall apply to 7 surveys submitted by licensed professional land surveyors for 8 recording: 9 a. All text must be legible and the font at least eight 10 point in size. 11 b. All text font, signatures, and drawings must have 12 sufficient weight, contrast, and darkness to produce a clear 13 reproduction. 14 c. A survey presented to a recorder or submitted 15 electronically through the electronic services system must 16 be on standard white paper with a width of not larger than 17 twenty-four inches and a length of not larger than thirty-six 18 inches without watermarks or other visible markings. A larger 19 survey document that is scanned or digitized must be legible 20 and maintain the original scale of the document in order to be 21 accepted. 22 d. The survey must contain an index legend as outlined in 23 subsection 2. 24 e. A survey must provide a cover page or a blank rectangular 25 space on the first page with the dimensions of three and 26 three-fourths inches in width and two and one-half inches in 27 height designated for the recorder’s use. 28 2. A survey must contain an index legend consisting of a 29 compact table or a grid with lines that provides the following 30 information: 31 a. County name. 32 b. A legal description and parsed location information. 33 For platted land, the indexed information shall include the 34 lot, block, subdivision name, city or township, and county. 35 -12- LSB 1802YH (1) 91 ll/js 12/ 19
H.F. 633 For unplatted land, the indexed information shall include 1 the section, township, range, and quarter section. Indexing 2 quarters of a quarter section is recommended but not required. 3 c. The parcel identification number and additional parcel 4 identifier, if applicable. 5 d. Proprietor’s name. 6 e. Requester’s name. 7 f. Associated reference numbers for previously recorded 8 surveys. 9 g. The surveyor’s name, address, and phone number or email 10 address. 11 h. Information necessary for the county recorder to return 12 the survey document. 13 i. If the survey document is a monument preservation 14 certificate, the name of the government entity requesting the 15 certification in accordance with section 355.6A. 16 Sec. 17. Section 354.18, subsection 2, Code 2025, is amended 17 to read as follows: 18 2. The recorder shall examine each plat of survey and 19 subdivision plat to determine whether the plat is clearly 20 legible and whether the approval by the applicable governing 21 body and the other attachments required by this chapter are 22 presented with the plat. The recorder shall also keep a 23 reproducible physical or electronic copy of the plat from 24 which legible copies can be made. The When a physical plat is 25 presented for recording, the recorder may specify the material 26 and the size of the plat , accepted for recording as long as the 27 document is not less than eight and one-half inches in width by 28 eleven inches , that will be accepted for recording in order to 29 comply with this section in height . The recorder must accept a 30 plat or subdivision plat meeting the requirements of section 31 355.7, 355.7A, or 355.8, respectively, submitted electronically 32 through the electronic services system. The recorder shall not 33 record a subdivision plat that violates this chapter . 34 Sec. 18. Section 355.6A, subsection 4, paragraphs a and b, 35 -13- LSB 1802YH (1) 91 ll/js 13/ 19
H.F. 633 Code 2025, are amended to read as follows: 1 a. The monument preservation certificate shall be filed with 2 the county recorder pursuant to section 331.606B, subsection 5 , 3 no later than thirty days after the certificate is signed by 4 the surveyor. 5 b. The county recorder shall index the monument preservation 6 certificate according to the township, range, section number, 7 and quarter section on in which the monument is located within . 8 If the monument is located within an official plat, the county 9 recorder shall also index the certificate alphabetically by the 10 official plat name. 11 Sec. 19. Section 355.6A, subsection 4, paragraph c, Code 12 2025, is amended by striking the paragraph. 13 Sec. 20. Section 355.12, Code 2025, is amended to read as 14 follows: 15 355.12 Indexing of survey documents by recorder. 16 The recorder shall index survey documents and United States 17 public land corner certificates submitted in accordance with 18 section 331.612, subsection 2, paragraph “b” , by township, 19 range, and section number. If the survey is in a recorded 20 subdivision, the recorder shall also index the document 21 alphabetically by subdivision name. 22 Sec. 21. Section 670.2, subsection 2, Code 2025, is amended 23 to read as follows: 24 2. For the purposes of this chapter , “employee” includes a 25 person who performs services for a municipality whether or not 26 the person is compensated for the services, unless the services 27 are performed only as an incident to the person’s attendance 28 at a municipality function. “Employee” does not include 29 contractors employed by the governing board of the electronic 30 services system to provide services in accordance with section 31 331.605B. 32 Sec. 22. 2005 Iowa Acts, chapter 179, section 101, 33 subsection 1, as amended by 2021 Iowa Acts, chapter 126, 34 section 2, is amended to read as follows: 35 -14- LSB 1802YH (1) 91 ll/js 14/ 19
H.F. 633 1. The board of supervisors of each county, on behalf of 1 each county recorder, shall execute a chapter 28E agreement 2 with the other counties for the implementation of the county 3 land record information electronic services system to create 4 and implement a statewide electronic county land record 5 management system . 6 Sec. 23. TRANSITION. Any moneys remaining in each county’s 7 county recorder’s records management fund, as described in 8 section 331.604, subsection 2, paragraph “a”, Code 2025, as 9 of the effective date of this Act shall be transferred to the 10 respective county’s recorder’s technology advancement fund, as 11 described in section 331.604, subsection 2, as amended by this 12 Act. Any moneys remaining in each county’s county recorder’s 13 electronic transaction fund, as described in section 331.604, 14 subsection 3, paragraph “c”, Code 2025, as of the effective 15 date of this Act shall be transferred to the respective 16 county’s recorder’s electronic services system fund, as 17 described in section 331.604, subsection 4, as amended by this 18 Act. Any moneys remaining in the local government electronic 19 transaction fund, as described in section 331.604, subsection 20 3, paragraph “d”, Code 2025, after the effective date of this 21 Act are appropriated to the treasurer of state to be used by 22 the treasurer of state to assist the governing board of the 23 electronic services system in accomplishing the purposes stated 24 in section 331.605B, subsection 1, as amended by this Act. 25 Sec. 24. EFFECTIVE DATE. The following takes effect January 26 1, 2026: 27 The portion of the section of this Act amending section 28 331.606, subsection 1. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to certain required document criteria to 33 file documents and instruments with county recorders, fees 34 paid for recording documents, funds created for recorders and 35 -15- LSB 1802YH (1) 91 ll/js 15/ 19
H.F. 633 the electronic services system and associated authorization 1 for spending moneys in those funds for certain purposes, the 2 creation of the electronic services system, organized by an 3 agreement pursuant to Code chapter 28E (28E agreement), and 4 the electronic filing system used to accept, manage, and make 5 available county recorder filings electronically. Under 6 current law, county recorders are required to execute a 28E 7 agreement with other counties to implement a county land 8 record information system in accordance with 2005 Iowa Acts, 9 chapter 179, section 101, subsection 1, as amended by 2021 Iowa 10 Acts, chapter 126, section 2. The bill amends this provision 11 to require county recorders to enter into a 28E agreement 12 to create and implement the electronic services system, a 13 statewide electronic county land record management system. The 14 bill defines “electronic services system” as the organization 15 formed under the 28E agreement. The electronic services system 16 is also the name of the actual electronic system implemented to 17 accept, manage, and make available records filed with a county 18 recorder. 19 Several sections of Code chapter 331, subchapter V, 20 part 3, pertaining to the county recorder are amended to 21 specify certain requirements for documents or instruments 22 submitted to a county recorder for filing either in person 23 or electronically. Many of these requirements pertain to 24 required recording references, indexing, formatting, text, 25 margin sizes, and document size limitations with an emphasis on 26 legibility. References to the county land record information 27 system are removed throughout Code chapter 331 and replaced 28 with “electronic services system”. 29 Under current law, in addition to the $5 county recorders 30 collect for each page of a document or instrument filed in 31 the county recorder’s office, $1 is collected for the county 32 recorder’s records management fund, and $1 is collected for 33 the county recorder’s electronic transaction fund. The bill 34 changes the fees to a flat fee of $10 for each page filed or 35 -16- LSB 1802YH (1) 91 ll/js 16/ 19
H.F. 633 recorded in the recorder’s office, with a maximum recording fee 1 of $500 for 50 or more pages filed. From the total fee of $10 2 per page of a document or instrument filed with a recorder, $2 3 is transferred to the recorder’s technology advancement fund 4 and $3 is transferred to the recorder’s electronic services 5 system fund. 6 The bill eliminates the county recorder’s records management 7 funds and creates recorder’s technology advancement funds to 8 be used for the following purposes: maintaining and improving 9 equipment, software, and systems; preserving and maintaining 10 archived physical and electronic documents or instruments; 11 converting physical documents to electronic documents; and 12 education and training for advancing technology. The bill 13 eliminates the county recorder’s electronic transaction funds 14 and creates recorder’s electronic services funds. By the first 15 day of each month, the treasurer shall transfer the moneys 16 deposited into the recorder’s electronic services system fund 17 to an account in a financial institution designated by the 18 governing board of the electronic services system to be used 19 as outlined in new Code section 331.605B for the following 20 purposes: to enable electronic filing for recording documents; 21 to provide electronic access to recorded public documents; to 22 receive electronic payments to process electronic documents 23 for recording; to implement security and redaction systems to 24 protect personally identifiable information; to integrate with 25 other appropriate real property filing or management systems; 26 to establish standards for processing, recording, indexing, 27 accessing, and archiving documents for electronic county land 28 record management systems; and to develop a notification system 29 for users when electronic filings or records are associated 30 with the user’s name, property, or other recorded filing 31 information. The recorder or the electronic services system 32 shall make available any information required by the county 33 auditor or auditor of state concerning the moneys collected 34 from fees and the uses for which such fees are expended. 35 -17- LSB 1802YH (1) 91 ll/js 17/ 19
H.F. 633 The county treasurer must transfer moneys remaining in the 1 county recorder’s records management fund to the recorder’s 2 technology advancement fund and moneys remaining in the county 3 recorder’s electronic transaction fund to the recorder’s 4 electronic services fund on the effective date of the bill. 5 The bill provides that any moneys remaining in the local 6 government electronic transaction fund after the effective date 7 of the bill are appropriated to the treasurer of state to be 8 used by the treasurer of state to assist the governing board of 9 the electronic services system in accomplishing the purposes 10 stated in Code section 331.605B(1). 11 The electronic services system may collect a fee of not more 12 than $3 per recorded document, along with any service charges 13 associated with a credit or debit card payment, to receive and 14 process a document or instrument. Moneys collected from these 15 fees by the electronic services system must be used for the 16 same purposes as the recorder’s electronic services fund. The 17 electronic services system cannot charge a fee for viewing, 18 accessing, or printing records and cannot provide access to 19 records on a batch basis. 20 The bill limits tort liability of government subdivisions 21 by excluding contractors hired by the governing board of the 22 electronic services systems from government employees. 23 The bill creates a process for a county recorder to decline 24 acceptance of a physical or electronic document and to provide 25 information to the filer to correct the defect. A recorder’s 26 ability to collect an additional recording fee of $10 per 27 document to accept nonconforming documents is eliminated. 28 The information required to be included by a recorder 29 who is filing and indexing documents or instruments into the 30 electronic county land record management system is outlined 31 and includes how reference numbers must be determined and 32 applied to filings each calendar year, the use of only numeric 33 references containing no more than eight digits preceded by 34 a county two-digit code and four-digit year, and indexing 35 -18- LSB 1802YH (1) 91 ll/js 18/ 19
H.F. 633 requirements for certain recorded documents associated with 1 the recording. Additionally, the following shall be indexed 2 if known: a parcel identification number; a legal description 3 and parsed location information including platted and unplatted 4 information; and any additional parcel identifiers used by a 5 recorder. The indexing and recording requirements outlined in 6 the bill take effect January 1, 2026. Additionally, a recorder 7 must note in the index the exact hour, minute, and second a 8 document or instrument is recorded. 9 The bill provides for the recording of surveys in new Code 10 section 331.612. Specific text sizing and formatting along 11 with page sizing, index legend requirements, and other required 12 information for surveys, plats, subdivision plats, and monument 13 preservation certificates, with an emphasis on legibility, 14 are provided. The recorder must accept a plat or subdivision 15 plat that meets the requirements outlined in Code section 16 355.7, 355.7A, or 355.8 submitted electronically through the 17 electronic services system. The bill also provides for the use 18 of cover pages when submitting the information required in Code 19 section 331.606B(2) and outlines the location on the first page 20 where the information must be provided when filing a document 21 with the county recorder along with providing guidelines for 22 including designated space for a county recorder’s use. 23 -19- LSB 1802YH (1) 91 ll/js 19/ 19
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