Bill Text: IA SF2330 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the submission of a groundwater hazard statement.(Formerly SSB 3076.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-03-23 - Withdrawn. S.J. 607. [SF2330 Detail]
Download: Iowa-2021-SF2330-Introduced.html
Senate
File
2330
-
Introduced
SENATE
FILE
2330
BY
COMMITTEE
ON
NATURAL
RESOURCES
AND
ENVIRONMENT
(SUCCESSOR
TO
SSB
3076)
(COMPANION
TO
HF
2343
BY
COMMITTEE
ON
ENVIRONMENTAL
PROTECTION)
A
BILL
FOR
An
Act
relating
to
the
submission
of
a
groundwater
hazard
1
statement.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2330
Section
1.
Section
558.69,
subsection
1,
unnumbered
1
paragraph
1,
Code
2022,
is
amended
to
read
as
follows:
2
With
each
declaration
of
value
submitted
to
the
county
3
recorder
under
chapter
428A
,
except
as
specified
in
subsection
4
8A,
there
shall
be
submitted
a
groundwater
hazard
statement
5
stating
all
of
the
following:
6
Sec.
2.
Section
558.69,
subsection
3,
Code
2022,
is
amended
7
by
striking
the
subsection.
8
Sec.
3.
Section
558.69,
subsections
4,
7,
and
8,
Code
2022,
9
are
amended
to
read
as
follows:
10
4.
A
buyer
of
property
shall
be
provided
with
a
copy
of
the
11
submitted
groundwater
hazard
statement
,
if
required
under
this
12
section,
by
the
seller.
13
7.
The
county
recorder
shall
transmit
the
groundwater
14
hazard
statements
to
the
department
of
natural
resources
15
at
times
and
in
a
manner
directed
by
the
director
of
the
16
department
.
Groundwater
hazard
statements
may
be
transmitted
17
electronically
to
the
department
or
may
be
presented
to
the
18
department
through
a
browser
interface
provided
through
the
19
county
land
record
information
system.
The
form
and
timing
of
20
the
transmittal
shall
be
determined
by
the
department
and
the
21
county
recorders.
22
8.
The
owner
of
the
property
is
responsible
for
the
23
accuracy
of
the
information
submitted
on
the
groundwater
24
hazard
statement.
The
owner’s
agent
and
the
preparer
of
the
25
groundwater
hazard
statement
shall
not
be
liable
for
the
26
accuracy
of
information
provided
by
the
owner
of
the
property
27
unless
the
owner’s
agent
or
the
preparer
of
the
groundwater
28
hazard
statement
has
direct
knowledge
contrary
to
the
submitted
29
statement
.
The
provisions
of
this
subsection
do
not
limit
30
liability
which
may
be
imposed
under
a
contract
or
under
any
31
other
law.
32
Sec.
4.
Section
558.69,
Code
2022,
is
amended
by
adding
the
33
following
new
subsections:
34
NEW
SUBSECTION
.
8A.
a.
If
there
are
no
conditions
present,
35
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2330
as
described
in
subsection
1,
then
a
groundwater
hazard
1
statement
shall
not
be
submitted.
In
lieu
of
the
submission
2
of
a
groundwater
hazard
statement,
any
deed,
instrument,
or
3
writing
by
which
any
real
property
in
this
state
shall
be
4
granted,
assigned,
transferred,
or
otherwise
conveyed
shall
5
include
on
the
first
page
of
the
deed,
instrument,
or
writing
6
the
following
statement:
7
There
is
no
known
groundwater
hazard
and,
therefore,
the
8
parcel
is
exempt
from
including
a
groundwater
hazard
statement
9
pursuant
to
Iowa
Code
section
558.69.
10
b.
The
owner
of
the
property
is
responsible
for
the
accuracy
11
of
the
statement
provided
in
paragraph
“a”
.
12
c.
The
owner’s
agent
and
the
preparer
of
a
statement
13
included
pursuant
to
paragraph
“a”
shall
not
be
liable
for
14
information
pertaining
to
the
statement
unless
the
owner’s
15
agent
or
the
preparer
has
direct
knowledge
contrary
to
the
16
included
statement.
17
NEW
SUBSECTION
.
8B.
a.
If
a
required
declaration
of
18
value
is
not
accompanied
by
a
groundwater
hazard
statement,
19
if
required
under
this
section,
or
if
the
first
page
of
the
20
deed,
instrument,
or
writing
by
which
any
real
property
in
this
21
state
shall
be
granted,
assigned,
transferred,
or
otherwise
22
conveyed
does
not
include
the
statement
provided
in
subsection
23
8A,
paragraph
“a”
,
if
required
under
this
section,
the
county
24
recorder
shall
refuse
to
record
the
deed,
instrument,
or
25
writing.
26
b.
A
recording
in
violation
of
this
subsection
shall
not
be
27
the
basis
for
invalidating
the
deed,
instrument,
or
writing.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
the
submission
of
a
groundwater
hazard
32
statement
with
a
declaration
of
value
upon
the
conveyance
33
of
real
property.
Under
current
law,
a
groundwater
hazard
34
statement
stating
whether
certain
groundwater
hazards
exist
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shall
accompany
each
declaration
of
value
submitted
to
a
county
1
recorder
when
any
real
property
in
this
state
is
granted,
2
assigned,
transferred,
or
otherwise
conveyed.
Current
law
also
3
requires
a
county
recorder
to
transmit
a
groundwater
hazard
4
statement
to
the
department
of
natural
resources
(DNR)
as
5
directed
by
the
DNR
director.
6
Under
the
bill,
a
person
shall
not
include
a
groundwater
7
hazard
statement
with
a
deed,
instrument,
or
writing
if
no
8
specified
conditions
exist
on
the
property.
Rather,
the
first
9
page
of
the
deed,
instrument,
or
writing
shall
include
a
10
statement
indicating
that
no
groundwater
hazard
exists
on
the
11
property
and,
therefore,
the
parcel
is
exempt
from
including
12
a
groundwater
hazard
statement.
The
owner
of
the
property
is
13
responsible
for
the
accuracy
of
such
statement.
An
owner’s
14
agent,
a
preparer
of
a
groundwater
hazard
statement,
and
a
15
preparer
of
a
statement
that
no
known
groundwater
hazard
exists
16
shall
not
be
liable
for
the
accuracy
of
information
provided
17
by
the
owner
of
the
property
unless
the
person
has
direct
18
knowledge
contrary
to
the
submitted
statement.
19
The
bill
requires
a
county
recorder
to
refuse
to
record
20
any
deed,
instrument,
or
writing
by
which
any
real
property
21
in
this
state
is
conveyed
if
the
deed,
instrument,
or
writing
22
and
a
required
declaration
of
value
is
not
accompanied
by
a
23
groundwater
hazard
statement,
if
required,
or
if
the
exemption
24
statement
is
not
present
on
the
first
page
of
the
deed,
25
instrument,
or
writing,
if
required.
However,
a
recording
in
26
violation
of
the
bill
shall
not
be
the
basis
for
invalidating
27
a
deed,
instrument,
or
writing.
Additionally,
the
bill
28
authorizes
a
county
recorder
to
transmit
a
groundwater
hazard
29
statement
to
DNR
electronically
or
presented
through
a
browser
30
interface
provided
by
the
county
land
record
information
system
31
as
determined
by
DNR
and
the
county
recorders.
32
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