Bill Text: IA SSB3076 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the submission of a groundwater hazard statement.(See SF 2330.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-02-16 - Committee report approving bill, renumbered as SF 2330. [SSB3076 Detail]
Download: Iowa-2021-SSB3076-Introduced.html
Senate
Study
Bill
3076
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
NATURAL
RESOURCES
AND
ENVIRONMENT
BILL
BY
CHAIRPERSON
SWEENEY)
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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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
and
7,
Code
2022,
are
9
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
Sec.
4.
Section
558.69,
Code
2022,
is
amended
by
adding
the
23
following
new
subsections:
24
NEW
SUBSECTION
.
8A.
a.
If
there
are
no
hazardous
25
conditions
present,
as
described
in
subsection
1,
then
a
26
groundwater
hazard
statement
shall
not
be
submitted.
In
lieu
27
of
the
submission
of
a
groundwater
hazard
statement,
any
deed,
28
instrument,
or
writing
by
which
any
real
property
in
this
state
29
shall
be
granted,
assigned,
transferred,
or
otherwise
conveyed
30
shall
include
on
the
first
page
of
the
deed,
instrument,
or
31
writing
the
following
statement:
32
There
is
no
known
groundwater
hazard
and,
therefore,
the
33
parcel
is
exempt
from
including
a
groundwater
hazard
statement
34
pursuant
to
Iowa
Code
section
558.69.
35
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b.
The
owner
of
the
property
is
responsible
for
the
accuracy
1
of
the
statement
provided
in
paragraph
“a”
.
2
NEW
SUBSECTION
.
8B.
The
county
recorder
shall
refuse
3
to
record
any
deed,
instrument,
or
writing
by
which
any
real
4
property
in
this
state
shall
be
granted,
assigned,
transferred,
5
or
otherwise
conveyed
if
the
deed,
instrument,
or
writing
6
and
a
required
declaration
of
value
is
not
accompanied
by
a
7
groundwater
hazard
statement,
if
required
under
this
section,
8
or
if
the
first
page
of
the
deed,
instrument,
or
writing
does
9
not
include
the
statement
provided
in
subsection
8A,
paragraph
10
“a”
,
if
required
under
this
section.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
relates
to
the
submission
of
a
groundwater
hazard
15
statement
with
a
declaration
of
value
upon
the
conveyance
16
of
real
property.
Under
current
law,
a
groundwater
hazard
17
statement
stating
whether
certain
groundwater
hazards
exist
18
shall
accompany
each
declaration
of
value
submitted
to
a
county
19
recorder
when
any
real
property
in
this
state
is
granted,
20
assigned,
transferred,
or
otherwise
conveyed.
Current
law
also
21
requires
a
county
recorder
to
transmit
a
groundwater
hazard
22
statement
to
the
department
of
natural
resources
(DNR)
as
23
directed
by
the
DNR
director.
24
Under
the
bill,
a
person
shall
not
include
a
groundwater
25
hazard
statement
with
a
deed,
instrument,
or
writing
if
no
26
hazardous
conditions
exist
on
the
property.
Rather,
the
first
27
page
of
the
deed,
instrument,
or
writing
shall
include
a
28
statement
indicating
that
no
groundwater
hazard
exists
on
the
29
property
and,
therefore,
the
parcel
is
exempt
from
including
30
a
groundwater
hazard
statement.
The
owner
of
the
property
31
is
responsible
for
the
accuracy
of
such
statement.
The
bill
32
requires
a
county
recorder
to
refuse
to
record
any
deed,
33
instrument,
or
writing
by
which
any
real
property
in
this
state
34
is
conveyed
if
the
deed,
instrument,
or
writing
and
a
required
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declaration
of
value
is
not
accompanied
by
a
groundwater
1
hazard
statement,
if
required,
or
if
the
exemption
statement
2
is
not
present
on
the
first
page
of
the
deed,
instrument,
or
3
writing,
if
required.
Additionally,
the
bill
authorizes
a
4
county
recorder
to
transmit
a
groundwater
hazard
statement
to
5
DNR
electronically
or
presented
through
a
browser
interface
6
provided
by
the
county
land
record
information
system
as
7
determined
by
DNR
and
the
county
recorders.
8
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