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Senate
File
371
-
Introduced
SENATE
FILE
371
BY
KLIMESH
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
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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
parcel
letter
or
number
designation
approved
by
the
auditor
in
4
accordance
with
section
354.4,
subsection
1,
paragraph
“a”
,
and
5
section
558.63.
6
NEW
SUBSECTION
.
1A.
“County
land
record
management
system”
7
means
the
physical
or
hosted
system
maintained
or
licensed
8
by
each
county
for
recording
documents,
assigning
recording
9
reference
numbers,
specifying
recording
times,
maintaining
10
the
database
and
index
of
records,
and
archiving
physical
and
11
electronic
documents
and
generally
providing
recording
services
12
as
required
in
this
part
3
of
subchapter
V
and
section
558.49.
13
NEW
SUBSECTION
.
3A.
“Electronic
services
system”
means
the
14
organization
formed
under
chapter
28E
between
the
counties
to
15
create
and
implement
a
statewide
electronic
county
land
record
16
information
system
as
required
by
2005
Iowa
Acts,
ch.
179,
17
§101,
as
amended
by
2021
Iowa
Acts,
ch.
126,
§2,
and
this
Act.
18
“Electronic
services
system”
also
means
the
statewide
electronic
19
system
implemented
to
accept,
manage,
and
make
available
20
records
filed
with
a
county
recorder.
21
NEW
SUBSECTION
.
7A.
“Parcel
identification
number”
means
an
22
existing
permanent
real
estate
index
number
with
related
tax
23
maps
as
provided
in
section
441.29,
subsection
2.
24
Sec.
2.
Section
331.601A,
subsections
3
and
7,
Code
2025,
25
are
amended
to
read
as
follows:
26
3.
“Electronic
document”
means
a
document
or
instrument
27
that
is
received,
processed,
disseminated,
or
maintained
in
an
28
electronic
format.
The
submission
of
an
electronic
document
29
through
the
county
land
record
information
electronic
services
30
system
electronic
submission
service
shall
be
equivalent
to
31
delivery
of
a
document
through
the
United
States
postal
service
32
or
by
personal
delivery
at
designated
offices
in
each
county.
33
Persons
who
submit
electronic
documents
for
recording
are
34
responsible
for
ensuring
that
the
electronic
documents
comply
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with
all
requirements
for
recording.
1
7.
“Page”
means
a
writing,
printing,
or
drawing,
other
than
2
a
plat
or
survey
or
a
drawing
related
to
a
plat
or
survey,
3
occurring
on
one
side
only
and
covering
all
or
part
of
such
4
side,
and
not
larger
than
eight
and
one-half
inches
in
width
5
and
fourteen
inches
in
length.
“Page”
also
includes
a
plat
6
of
survey,
as
defined
in
section
355.1,
subsection
9,
or
a
7
drawing
related
to
a
plat
of
survey
occurring
on
one
side
only
8
and
covering
all
or
part
of
such
side,
with
a
width
of
not
9
larger
than
twenty-four
inches
and
a
length
of
not
larger
than
10
thirty-six
inches.
11
Sec.
3.
Section
331.603,
subsection
5,
paragraph
a,
Code
12
2025,
is
amended
to
read
as
follows:
13
a.
The
governing
board
of
the
county
land
record
information
14
system
shall
not
enter
into
an
agreement
to
provide
access
15
to
electronic
documents
or
records
on
a
batch
basis.
The
16
county
recorder
may
collect
reasonable
fees
for
access
to
17
electronic
documents
and
records
pursuant
to
an
agreement.
18
The
fees
shall
not
exceed
the
actual
cost
of
providing
access
19
to
the
electronic
documents
and
records.
“Actual
cost”
means
20
only
those
expenses
directly
attributable
to
providing
access
21
to
electronic
documents
and
records.
“Actual
cost”
shall
22
not
include
costs
such
as
employment
benefits,
depreciation,
23
maintenance,
electricity,
or
insurance
associated
with
the
24
administration
of
the
office
of
the
county
recorder
or
the
25
county
land
record
information
system
.
26
Sec.
4.
Section
331.604,
Code
2025,
is
amended
by
striking
27
the
section
and
inserting
in
lieu
thereof
the
following:
28
331.604
Recording
and
filing
fees.
29
1.
a.
Except
as
otherwise
provided
by
state
law,
including
30
paragraph
“b”
of
this
subsection
or
section
331.605,
the
31
recorder
shall
collect
a
fee
of
ten
dollars
for
each
page
or
32
fraction
of
a
page
of
an
instrument
that
is
physically
or
33
electronically
filed
or
recorded
in
the
recorder’s
office.
The
34
maximum
recording
fee
for
documents
with
fifty
or
more
pages
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is
five
hundred
dollars.
1
b.
A
county
shall
not
be
required
to
pay
a
fee
to
the
2
recorder
for
filing
or
recording
instruments.
However,
a
3
county
treasurer
is
required
to
pay
recording
fees
pursuant
to
4
sections
437A.11
and
437B.7.
5
2.
The
treasurer,
on
behalf
of
the
recorder,
shall
establish
6
and
maintain
a
recorder’s
technology
advancement
fund
into
7
which
all
moneys
collected
pursuant
to
subsection
3
shall
be
8
deposited.
Interest
earned
on
moneys
deposited
in
the
fund
9
shall
be
credited
to
the
recorder’s
technology
advancement
10
fund.
The
recorder
may
collaborate
with
other
entities,
11
boards,
and
agencies
to
further
the
purposes
of
subsection
3.
12
3.
From
the
total
fee
paid
for
the
recording
of
a
document
13
or
instrument
pursuant
to
subsection
1,
two
dollars
shall
be
14
transferred
to
the
recorder’s
technology
advancement
fund.
15
Moneys
in
the
recorder’s
technology
advancement
fund
must
be
16
used
for
the
following
purposes:
17
a.
Maintaining
and
improving
equipment,
software,
and
18
systems.
19
b.
Preserving
and
maintaining
archived
physical
and
20
electronic
documents
and
instruments.
21
c.
Converting
physical
documents
to
electronic
documents
22
and,
if
it
is
possible
to
index
the
documents
during
the
23
conversion
to
meet
the
requirements
outlined
in
sections
24
331.606
and
558.49,
indexing
the
documents.
25
d.
Education
and
training
for
advancing
technology.
26
4.
The
treasurer,
on
behalf
of
the
recorder,
shall
establish
27
and
maintain
a
recorder’s
electronic
services
system
fund
into
28
which
all
moneys
collected
pursuant
to
subsection
5
shall
be
29
deposited.
Interest
earned
on
moneys
deposited
in
the
fund
30
shall
be
credited
to
the
recorder’s
electronic
services
system
31
fund.
32
5.
a.
From
the
total
fee
paid
for
the
recording
of
a
33
document
or
instrument
pursuant
to
subsection
1,
three
dollars
34
shall
be
transferred
to
the
recorder’s
electronic
services
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system
fund.
The
recorder’s
electronic
services
system
fund
1
must
be
used
for
the
purposes
outlined
in
section
331.605B,
2
subsection
1.
3
b.
By
the
first
day
of
each
month,
the
treasurer
shall
4
transfer
the
moneys
deposited
into
the
recorder’s
electronic
5
services
system
fund
to
an
account
in
a
financial
institution
6
designated
by
the
electronic
services
system.
7
6.
The
recorder
or
the
electronic
services
system
shall
8
make
available
any
information
required
by
the
county
auditor
9
or
auditor
of
state
concerning
the
moneys
collected
from
10
fees
under
this
section
and
the
uses
for
which
such
fees
are
11
expended.
12
Sec.
5.
Section
331.605B,
Code
2025,
is
amended
by
striking
13
the
section
and
inserting
in
lieu
thereof
the
following:
14
331.605B
Electronic
services
system
——
fees
collected
——
15
liability.
16
1.
The
governing
board
of
the
electronic
services
system
17
shall
create
and
implement
a
statewide
electronic
county
land
18
record
management
system
for
the
following
purposes:
19
a.
Enable
electronic
filing
to
record
documents.
20
b.
Provide
electronic
access
to
recorded
documents
to
the
21
public.
22
c.
Receive
electronic
payments
to
process
electronic
23
documents
for
recording.
24
d.
Implement
security
and
redaction
systems
to
protect
25
personally
identifiable
information.
26
e.
Integrate
with
other
appropriate
real
property
filing
or
27
management
systems.
28
f.
Establish
standards
for
processing,
recording,
indexing,
29
accessing,
and
archiving
documents
for
electronic
county
land
30
record
management
systems
and
the
electronic
services
system.
31
g.
Develop
a
notification
system
to
inform
a
user
when
32
electronic
filings
or
records
are
associated
with
the
user’s
33
name,
identified
property,
or
other
recorded
filing
information
34
when
applicable.
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2.
The
electronic
services
system
may
collect
a
fee
of
not
1
more
than
three
dollars
per
recorded
document
to
receive
and
2
process
electronic
documents
for
recording.
An
additional
3
service
charge
may
be
added
for
credit
or
debit
card
payments.
4
The
moneys
collected
from
fees
to
receive
and
process
5
electronic
documents
for
recording
shall
be
used
for
the
6
purposes
specified
in
subsection
1.
The
electronic
services
7
system
shall
collect
only
statutorily
authorized
fees
for
land
8
records
management
and
shall
not
collect
a
fee
for
viewing,
9
accessing,
or
printing
documents
in
the
statewide
electronic
10
county
land
record
management
system
unless
specifically
11
authorized
by
statute.
The
electronic
services
system
shall
12
not
provide
access
to
electronic
filings
or
records
on
a
batch
13
basis.
14
3.
Each
county
shall
participate
in
the
electronic
services
15
system
and
shall
comply
with
the
policies
and
procedures
16
established
by
the
governing
board
of
the
electronic
services
17
system.
The
board
of
supervisors
of
each
county,
on
behalf
18
of
each
county
recorder,
may
vote
to
amend
the
chapter
28E
19
agreement
with
other
counties
to
provide
for
the
ongoing
20
implementation
of
the
electronic
services
system
as
required
21
by
2005
Iowa
Acts,
ch.
179,
§101,
as
amended
by
2021
Iowa
Acts,
22
ch.
126,
§2,
and
this
Act.
23
4.
The
electronic
services
system
is
a
unit
of
local
24
government
for
purposes
of
chapter
670.
However,
a
person
25
who
has
contracted
with
the
governing
board
of
the
electronic
26
services
system
to
carry
out
the
duties
of
the
board
is
not
an
27
employee
for
purposes
of
chapter
670.
28
Sec.
6.
Section
331.606,
subsections
1
and
2,
Code
2025,
are
29
amended
to
read
as
follows:
30
1.
a.
In
addition
to
the
information
required
in
section
31
331.606B,
subsection
2,
section
558.49,
and
other
requirements
32
specified
by
law,
the
recorder
shall
note
in
the
electronic
33
county
land
record
management
system
the
date
of
filing
34
recording
of
each
instrument,
the
number
and
character
,
type,
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or
title
of
the
instrument,
and
the
name
of
each
grantor
1
and
grantee
named
in
the
instrument.
In
numbering
the
When
2
assigning
reference
numbers
to
documents
or
instruments,
the
3
recorder
may
start
with
the
number
one
immediately
following
4
the
date
of
annual
settlement
with
the
board
and
continue
to
5
number
them
consecutively
until
the
next
annual
settlement
6
with
the
board
or
the
recorder
may
shall
start
with
number
one
7
on
the
first
working
day
of
the
calendar
year
and
continue
to
8
number
the
instruments
consecutively
until
the
last
working
9
day
of
the
calendar
year.
Reference
numbers
shall
include
10
only
numbers,
contain
no
more
than
six
digits,
and
the
county
11
two-digit
number
and
four-digit
year
must
precede
each
12
reference
number.
The
recorder
may
also
assign
a
book
and
page
13
number
to
documents
and
instruments.
14
b.
Associated
and
antecedent
recording
references
shall
be
15
indexed
with
the
recorded
document.
16
c.
A
parcel
identification
number
shall
be
referenced
if
17
known
and
shall
not
be
modified
unless
the
modification
is
18
necessary
to
correct
an
error.
19
d.
A
legal
description
and
parsed
location
information
20
shall
be
indexed
if
known.
For
platted
land,
the
indexed
21
information
shall
include
the
lot,
block,
subdivision
name,
22
city
or
township,
and
county.
For
unplatted
land,
the
indexed
23
information
shall
include
the
section,
township,
range,
and
24
quarter
section.
Indexing
quarters
of
a
quarter
section
is
25
recommended
but
not
required.
26
e.
Any
additional
parcel
identifier
shall
be
indexed
as
an
27
additional
parcel
identifier
in
the
electronic
services
system.
28
2.
The
recorder
shall
also
note
in
the
index
the
exact
29
time
hour,
minute,
and
second
of
the
filing
recording
of
each
30
document
or
instrument.
31
Sec.
7.
Section
331.606A,
subsections
3
and
4,
Code
2025,
32
are
amended
to
read
as
follows:
33
3.
Redaction
from
electronic
documents.
Personally
34
identifiable
information
that
is
contained
in
electronic
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documents
that
are
displayed
for
public
access
on
an
internet
1
site,
or
which
that
are
transferred
to
any
person,
shall
be
2
redacted
prior
to
displaying
or
transferring
the
documents.
3
Each
recorder
that
displays
electronic
documents
and
the
4
county
land
record
information
electronic
services
system
that
5
displays
electronic
documents
on
behalf
of
a
county
shall
6
implement
a
system
for
redacting
personally
identifiable
7
information.
The
recorder
and
the
governing
board
of
the
8
county
land
record
information
electronic
services
system
shall
9
establish
a
procedure
by
which
individuals
may
request
that
10
personally
identifiable
information
contained
in
an
electronic
11
document
displayed
on
an
internet
site
be
redacted,
at
no
12
fee
to
the
requesting
individual.
The
requirements
of
this
13
subsection
shall
be
fully
implemented
not
later
than
December
14
31,
2011.
15
4.
Dissemination
of
documents.
Persons
who
have
contracted
16
with
a
county
recorder
or
the
governing
board
of
the
county
17
land
record
information
electronic
services
system
to
redact
18
personally
identifiable
information
from
electronic
documents
19
pursuant
to
subsection
3
shall
not
sell,
transfer,
or
otherwise
20
disseminate
the
electronic
documents
in
an
unaltered
or
21
redacted
form,
except
as
provided
for
in
the
contract.
22
Sec.
8.
Section
331.606A,
subsection
7,
Code
2025,
is
23
amended
by
striking
the
subsection
and
inserting
in
lieu
24
thereof
the
following:
25
7.
Redaction
of
names.
Upon
request
by
a
peace
officer,
26
as
defined
in
section
801.4,
civilian
employee
of
a
law
27
enforcement
agency,
or
state
or
federal
judicial
officer
28
or
state
or
federal
prosecutor,
the
county
assessor
or
the
29
county
assessor’s
staff,
or
the
county
recorder
or
the
county
30
recorder’s
staff,
shall
redact
the
requestor’s
name
contained
31
in
electronic
documents
that
are
displayed
for
public
access
32
through
an
internet
site.
Upon
request
by
a
former
peace
33
officer,
as
defined
in
section
801.4,
or
a
former
civilian
34
employee
of
a
law
enforcement
agency,
the
county
assessor
or
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the
county
assessor’s
staff,
or
the
county
recorder
or
the
1
county
recorder’s
staff,
may
redact,
upon
the
presentation
of
2
evidence
that
a
compelling
safety
interest
is
served
by
doing
3
so,
the
requestor’s
name
contained
in
electronic
documents
that
4
are
displayed
for
public
access
through
an
internet
site.
This
5
subsection
does
not
apply
to
a
requestor
holding
or
seeking
6
public
office.
The
county
assessor
and
the
county
recorder
7
shall
implement
a
process
without
charging
a
fee
to
facilitate
8
requests
pursuant
to
this
subsection.
9
Sec.
9.
Section
331.606B,
subsection
1,
Code
2025,
is
10
amended
to
read
as
follows:
11
1.
Except
as
otherwise
provided
in
subsection
7
,
the
county
12
recorder
shall
refuse
any
document
or
instrument
presented
13
for
recording
To
ensure
that
recorded
documents
are
legible
14
and
contain
all
required
information
in
order
to
facilitate
a
15
permanent
record
that
can
be
properly
archived
and
indexed,
a
16
recorder
may
decline
to
record
a
document
or
instrument
that
17
does
not
meet
the
following
requirements:
18
a.
Each
document
or
instrument
shall
consist
of
one
or
19
more
individual
pages
not
permanently
bound
or
in
a
continuous
20
form.
The
For
purposes
of
this
paragraph,
“continuous
form”
21
means
individual
one-sided
pages.
A
physical
document
or
22
instrument
presented
for
filing
shall
not
have
any
attachment
23
be
permanently
bound,
stapled
,
taped,
or
otherwise
affixed
24
to
any
page
except
as
necessary
to
comply
with
statutory
25
requirements
and
must
contain
text
or
graphics
on
only
one
26
side
.
However,
the
The
individual
pages
of
a
physical
document
27
or
instrument
may
be
stapled
clipped
together
for
presentation
28
for
recording.
A
physical
document
or
instrument
containing
a
29
label
that
is
firmly
attached
with
a
bar
code
or
return
address
30
may
be
accepted
for
recording.
31
b.
All
preprinted
text
shall
must
be
legible
and
the
font
32
at
least
eight
ten
point
in
size
and
no
more
than
twenty
33
characters
and
spaces
per
inch
,
except
that
the
font
may
be
34
eight
point
in
size
if
the
document
is
a
plat
or
survey
.
All
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other
text
typed
or
computer
generated,
including
but
not
1
limited
to
all
names
of
parties
to
an
agreement,
shall
be
at
2
least
ten
point
in
size
and
no
more
than
sixteen
characters
3
and
spaces
per
inch.
If
a
document
or
instrument,
other
than
4
a
plat
or
survey
or
a
drawing
related
to
a
plat
or
survey,
5
presented
for
recording
contains
type
smaller
than
eight
point
6
type
for
the
preprinted
text
and
ten
point
type
for
all
other
7
text,
the
document
or
instrument
shall
be
accompanied
by
an
8
exact
typewritten
or
printed
copy
that
meets
the
requirements
9
of
this
section
.
10
c.
Each
document
shall
be
of
sufficient
legibility
to
11
produce
a
clear
reproduction.
If
a
A
document
or
instrument,
12
other
than
a
plat
or
survey
or
a
drawing
related
to
a
plat
or
13
survey,
that
is
not
fully
or
partially
sufficiently
legible
14
to
produce
a
clear
reproduction
,
the
document
or
instrument
15
shall
be
accompanied
by
an
exact
typewritten
or
printed
copy
16
that
meets
the
type
size
requirements
of
paragraph
“b”
and
17
shall
a
legible
copy
of
the
full
or
partial
page,
which
will
be
18
recorded
contemporaneously
as
additional
pages
of
the
document
19
or
instrument.
20
d.
Each
A
physical
document
or
instrument
,
other
than
a
plat
21
or
survey
or
a
drawing
related
to
a
plat
or
survey,
shall
must
22
be
on
standard
white
paper
of
not
less
than
twenty-pound
weight
23
without
watermarks
or
other
visible
inclusions
markings
.
All
24
text
within
the
document
or
instrument
shall
be
of
sufficient
25
color
and
clarity
to
ensure
that
the
text
is
readable
when
26
reproduced
from
the
record.
27
e.
All
signatures
on
a
document
or
instrument
shall
be
in
28
black
or
dark
blue
ink
and
of
sufficient
color
and
clarity
to
29
ensure
that
the
signatures
are
readable
discernible
when
the
30
document
or
instrument
is
reproduced
from
the
record.
The
31
corresponding
name
shall
must
be
typed,
printed
,
or
stamped
32
beneath
the
original
signature.
The
typing
or
printing
of
a
33
name
or
the
application
of
an
embossed
or
inked
stamp
shall
34
not
cover
or
otherwise
materially
interfere
with
any
part
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of
the
document
or
instrument
except
where
when
provided
by
1
law.
Failure
to
print
or
type
signatures
as
provided
in
this
2
paragraph
does
not
invalidate
the
document
or
instrument.
3
f.
The
first
page
of
each
document
or
instrument,
other
than
4
a
plat
or
survey
or
a
drawing
related
to
a
plat
or
survey,
shall
5
have
a
top
margin
of
at
least
three
inches
of
vertical
space
6
from
left
to
right
which
shall
be
reserved
one-half
of
one
7
inch.
If
the
document
or
instrument
does
not
include
a
cover
8
page,
then
there
must
be
a
blank
rectangular
space
with
the
9
dimensions
of
three
and
three-fourths
inches
in
width
and
two
10
and
one-half
inches
in
height
adjacent
to
the
top
margin
on
the
11
first
page
and
designated
for
the
recorder’s
use.
All
other
12
margins
on
the
document
or
instrument
shall
be
a
minimum
of
13
three-fourths
of
one
inch.
Nonessential
information
including
14
but
not
limited
to
form
numbers,
page
numbers,
or
customer
15
notations
may
be
placed
in
a
margin
except
the
top
margin.
The
16
recorder
shall
not
incur
any
liability
for
not
showing
a
seal
17
or
information
that
extends
beyond
the
margin
of
the
permanent
18
archival
record.
19
g.
Each
A
document
or
instrument
presented
for
recording
20
shall
meet
the
requirements
of
section
331.606A,
subsection
2
21
not
include
personally
identifiable
information
unless
redacted
22
in
accordance
with
section
331.606A,
subsection
3
.
23
Sec.
10.
Section
331.606B,
subsection
2,
unnumbered
24
paragraph
1,
Code
2025,
is
amended
to
read
as
follows:
25
Each
document
or
instrument,
other
than
a
plat
or
survey
or
26
a
drawing
related
to
a
plat
or
survey,
that
is
presented
for
27
recording
shall
contain
the
following
information
on
the
first
28
page
below
the
three-inch
margin
or
on
a
cover
page
:
29
Sec.
11.
Section
331.606B,
subsection
2,
paragraphs
a,
d,
30
and
i,
Code
2025,
are
amended
to
read
as
follows:
31
a.
The
name,
address,
and
either
the
telephone
number
or
32
email
address
of
the
individual
who
prepared
the
document
,
or
33
the
contact
information
for
an
individual
familiar
with
the
34
document
or
instrument
who
is
able
to
address
questions
from
35
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the
recorder
.
1
d.
The
title
or
type
of
the
document
or
instrument.
2
i.
A
document
or
instrument
number
for
statutory
3
requirements
Associated
and
antecedent
recording
references
,
4
if
applicable.
5
Sec.
12.
Section
331.606B,
subsection
3,
Code
2025,
is
6
amended
to
read
as
follows:
7
3.
A
cover
page
meeting
the
requirements
of
section
8
331.606B,
subsection
1,
may
be
included
with
the
document
9
or
instrument
and
will
be
recorded
contemporaneously
as
an
10
additional
page
of
the
document
or
instrument.
If
insufficient
11
space
exists
on
the
first
page
or
the
cover
page
for
all
of
the
12
information
described
in
subsection
2
,
the
person
presenting
13
the
document
for
recording
must
identify
on
the
first
page
14
or
the
cover
page
a
page
reference
of
for
the
document
or
15
instrument
where
the
required
information
is
located
shall
be
16
noted
on
the
first
page
can
be
located
.
17
Sec.
13.
Section
331.606B,
subsection
4,
Code
2025,
is
18
amended
by
striking
the
subsection
and
inserting
in
lieu
19
thereof
the
following:
20
4.
A
recording
of
a
document
or
instrument
evidencing
a
21
transaction
for
the
conveyance
or
assignment
of
property,
22
transactions
related
to
the
property’s
financing,
or
a
release
23
of
a
legal
or
financial
obligation
on
the
property
applies
24
solely
to
the
parties
identified
and
participating
in
the
25
recorded
transaction
and
not
any
other
party
concerning
any
26
other
transaction.
27
Sec.
14.
Section
331.606B,
subsection
6,
Code
2025,
is
28
amended
to
read
as
follows:
29
6.
A
physical
document
or
instrument
rejected
declined
30
for
recording
by
a
recorder
shall
be
returned
to
the
preparer
31
or
presenter
accompanied
by
an
explanation
of
the
reason
32
for
rejection
declining
the
document
or
instrument
and
any
33
information
necessary
to
correct
the
defect
.
A
person
who
34
files
an
electronic
document
or
instrument
declined
for
35
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recording
by
a
recorder
shall
be
notified
by
the
recorder
that
1
the
document
or
instrument
has
been
declined,
the
reason
the
2
document
or
instrument
has
been
declined,
and
any
information
3
necessary
to
correct
the
defect.
If
the
recording
fee
for
an
4
electronic
document
or
instrument
was
calculated
and
processed
5
incorrectly,
the
person
who
filed
the
document
or
instrument
6
shall
be
notified
of
the
error
and
the
reason
for
the
fee
7
adjustment
by
the
recorder.
8
Sec.
15.
Section
331.606B,
subsection
7,
Code
2025,
is
9
amended
by
striking
the
subsection.
10
Sec.
16.
NEW
SECTION
.
331.612
Recording
of
surveys.
11
1.
Notwithstanding
section
331.606B,
the
following
12
document
or
document
formatting
standards
shall
apply
to
13
surveys
submitted
by
licensed
professional
land
surveyors
for
14
recording:
15
a.
All
text
must
be
legible
and
the
font
at
least
eight
16
point
in
size.
17
b.
All
text
font,
signatures,
and
drawings
must
have
18
sufficient
weight,
contrast,
and
darkness
to
produce
a
clear
19
reproduction.
20
c.
Physical
documents
submitted
to
a
county
for
recording
21
shall
be
on
standard
white
paper
without
watermarks
or
other
22
visible
markings
and
shall
have
dimensions
no
greater
than
23
eleven
by
seventeen
inches.
Notwithstanding
the
dimensions
24
specified
for
physical
documents
in
this
section,
a
physical
25
document
with
dimensions
no
greater
than
twenty-four
inches
by
26
thirty-six
inches
may
be
submitted
to
the
county
if
the
county
27
is
able
to
scan
or
digitize
the
document
while
maintaining
28
the
original
scale
and
quality
of
the
document
as
specified
29
in
paragraphs
“a”
and
“b”
.
Electronic
documents
submitted
to
30
a
county
for
recording
through
the
electronic
services
system
31
shall
have
dimensions
no
greater
than
twenty-four
inches
by
32
thirty-six
inches.
33
d.
The
survey
must
contain
an
index
legend
as
outlined
in
34
subsection
2.
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e.
A
survey
must
provide
a
cover
page
or
a
blank
rectangular
1
space
on
the
first
page
with
the
dimensions
of
three
and
2
three-fourths
inches
in
width
and
two
and
one-half
inches
in
3
height
designated
for
the
recorder’s
use.
4
2.
A
survey
must
contain
an
index
legend
consisting
of
a
5
compact
table
or
a
grid
with
lines
that
provides
the
following
6
information:
7
a.
County
name.
8
b.
For
platted
land,
the
index
information
shall
include
9
the
additional
parcel
identifier,
if
applicable;
lot
or
unit;
10
block;
unabbreviated
subdivision
name;
town,
city,
or
county;
11
section;
township;
and
range.
For
unplatted
land,
the
indexed
12
information
shall
include
the
additional
parcel
identifier,
13
if
applicable,
section,
township,
range,
and
quarter
section.
14
Indexing
quarters
of
a
quarter
section
is
recommended
but
15
not
required.
Subdivision
plats,
acquisition
plats,
and
16
retracement
plats
of
survey
shall
reference
the
existing
17
auditor’s
parcel
designation
in
accordance
with
section
354.4,
18
subsection
1,
paragraph
“a”
.
A
plat
of
survey
shall
reference
19
the
approved
auditor’s
parcel
designation
in
accordance
with
20
section
354.4,
subsection
1,
paragraph
“a”
.
21
c.
The
parcel
identification
number
and
additional
parcel
22
identifier,
if
applicable.
23
d.
Proprietor’s
name.
24
e.
Requester’s
name.
25
f.
Associated
reference
numbers
for
previously
recorded
26
surveys.
27
g.
The
surveyor’s
name,
address,
and
phone
number
or
email
28
address.
29
h.
Information
necessary
for
the
county
recorder
to
return
30
the
survey
document.
31
i.
If
the
survey
document
is
a
monument
preservation
32
certificate,
the
name
of
the
government
entity
requesting
the
33
certification
in
accordance
with
section
355.6A.
34
Sec.
17.
Section
354.18,
subsection
2,
Code
2025,
is
amended
35
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to
read
as
follows:
1
2.
The
recorder
shall
examine
each
plat
of
survey
and
2
subdivision
plat
to
determine
whether
the
plat
is
clearly
3
legible
and
whether
the
approval
by
the
applicable
governing
4
body
and
the
other
attachments
required
by
this
chapter
are
5
presented
with
the
plat.
The
recorder
shall
also
keep
a
6
reproducible
physical
or
electronic
copy
of
the
plat
from
7
which
legible
copies
can
be
made.
The
When
a
physical
plat
is
8
presented
for
recording,
the
recorder
may
specify
the
material
9
and
the
size
of
the
plat
,
accepted
for
recording
as
long
as
the
10
document
is
not
less
than
eight
and
one-half
inches
in
width
by
11
eleven
inches
,
that
will
be
accepted
for
recording
in
order
to
12
comply
with
this
section
in
height
.
The
recorder
must
accept
a
13
plat
or
subdivision
plat
meeting
the
requirements
of
section
14
355.7,
355.7A,
or
355.8,
respectively,
submitted
electronically
15
through
the
electronic
services
system.
The
recorder
shall
not
16
record
a
subdivision
plat
that
violates
this
chapter
.
17
Sec.
18.
Section
355.6A,
subsection
4,
paragraphs
a
and
b,
18
Code
2025,
are
amended
to
read
as
follows:
19
a.
The
monument
preservation
certificate
shall
be
filed
with
20
the
county
recorder
pursuant
to
section
331.606B,
subsection
21
5
section
331.612,
subsection
2,
paragraph
“i”
,
no
later
than
22
thirty
days
after
the
certificate
is
signed
by
the
surveyor.
23
b.
The
county
recorder
shall
index
the
monument
preservation
24
certificate
according
to
the
township,
range,
section
number,
25
and
quarter
section
on
in
which
the
monument
is
located
within
.
26
If
the
monument
is
located
within
an
official
plat,
the
county
27
recorder
shall
also
index
the
certificate
alphabetically
by
the
28
official
plat
name.
29
Sec.
19.
Section
355.6A,
subsection
4,
paragraph
c,
Code
30
2025,
is
amended
by
striking
the
paragraph.
31
Sec.
20.
Section
355.12,
Code
2025,
is
amended
to
read
as
32
follows:
33
355.12
Indexing
of
survey
documents
by
recorder.
34
The
recorder
shall
index
survey
documents
and
United
States
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public
land
corner
certificates
submitted
in
accordance
with
1
section
331.612,
subsection
2,
paragraph
“b”
,
by
township,
2
range,
and
section
number.
If
the
survey
is
in
a
recorded
3
subdivision,
the
recorder
shall
also
index
the
document
4
alphabetically
by
subdivision
name.
5
Sec.
21.
Section
670.2,
subsection
2,
Code
2025,
is
amended
6
to
read
as
follows:
7
2.
For
the
purposes
of
this
chapter
,
“employee”
includes
a
8
person
who
performs
services
for
a
municipality
whether
or
not
9
the
person
is
compensated
for
the
services,
unless
the
services
10
are
performed
only
as
an
incident
to
the
person’s
attendance
11
at
a
municipality
function.
“Employee”
does
not
include
12
contractors
employed
by
the
governing
board
of
the
electronic
13
services
system
to
provide
services
in
accordance
with
section
14
331.605B.
15
Sec.
22.
2005
Iowa
Acts,
chapter
179,
section
101,
16
subsection
1,
as
amended
by
2021
Iowa
Acts,
chapter
126,
17
section
2,
is
amended
to
read
as
follows:
18
1.
The
board
of
supervisors
of
each
county,
on
behalf
of
19
each
county
recorder,
shall
execute
a
chapter
28E
agreement
20
with
the
other
counties
for
the
implementation
of
the
county
21
land
record
information
electronic
services
system
to
create
22
and
implement
a
statewide
electronic
county
land
record
23
information
system
.
24
Sec.
23.
TRANSITION.
Any
moneys
remaining
in
each
county’s
25
county
recorder’s
records
management
fund,
as
described
in
26
section
331.604,
subsection
2,
paragraph
“a”,
Code
2025,
as
27
of
the
effective
date
of
this
Act
shall
be
transferred
to
the
28
respective
county’s
recorder’s
technology
advancement
fund,
as
29
described
in
section
331.604,
subsection
2,
as
amended
by
this
30
Act.
Any
moneys
remaining
in
each
county’s
county
recorder’s
31
electronic
transaction
fund,
as
described
in
section
331.604,
32
subsection
3,
paragraph
“c”,
Code
2025,
as
of
the
effective
33
date
of
this
Act
shall
be
transferred
to
the
respective
34
county’s
recorder’s
electronic
services
system
fund,
as
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described
in
section
331.604,
subsection
4,
as
amended
by
this
1
Act.
Any
moneys
remaining
in
the
local
government
electronic
2
transaction
fund,
as
described
in
section
331.604,
subsection
3
3,
paragraph
“d”,
Code
2025,
after
the
effective
date
of
this
4
Act
are
appropriated
to
the
treasurer
of
state
to
be
used
by
5
the
treasurer
of
state
to
assist
the
governing
board
of
the
6
electronic
services
system
in
accomplishing
the
purposes
stated
7
in
section
331.605B,
subsection
1,
as
amended
by
this
Act.
8
Sec.
24.
EFFECTIVE
DATE.
The
following
takes
effect
January
9
1,
2026:
10
The
portion
of
the
section
of
this
Act
amending
section
11
331.606,
subsection
1.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
relates
to
certain
required
document
criteria
to
16
file
documents
and
instruments
with
county
recorders,
fees
17
paid
for
recording
documents,
funds
created
for
recorders
and
18
the
electronic
services
system
and
associated
authorization
19
for
spending
moneys
in
those
funds
for
certain
purposes,
the
20
creation
of
the
electronic
services
system,
organized
by
21
an
agreement
pursuant
to
Code
chapter
28E
(28E
agreement),
22
and
the
electronic
filing
system
used
to
accept,
manage,
23
and
make
available
county
recorder
filings
electronically.
24
Under
current
law,
county
recorders
are
required
to
execute
25
a
28E
agreement
with
other
counties
to
implement
a
county
26
land
record
information
system
in
accordance
with
2005
Iowa
27
Acts,
chapter
179,
section
101,
subsection
1,
as
amended
by
28
2021
Iowa
Acts,
chapter
126,
section
2.
The
bill
amends
this
29
provision
to
require
county
recorders
to
enter
into
a
28E
30
agreement
to
create
and
implement
the
electronic
services
31
system,
a
statewide
electronic
county
land
record
information
32
system.
The
bill
defines
“electronic
services
system”
as
the
33
organization
formed
under
the
28E
agreement.
The
electronic
34
services
system
is
also
the
name
of
the
actual
electronic
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system
implemented
to
accept,
manage,
and
make
available
1
records
filed
with
a
county
recorder.
2
Several
sections
of
Code
chapter
331,
subchapter
V,
3
part
3,
pertaining
to
the
county
recorder
are
amended
to
4
specify
certain
requirements
for
documents
or
instruments
5
submitted
to
a
county
recorder
for
filing
either
in
person
6
or
electronically.
Many
of
these
requirements
pertain
to
7
required
recording
references,
indexing,
formatting,
text,
8
margin
sizes,
and
document
size
limitations
with
an
emphasis
on
9
legibility.
References
to
the
county
land
record
information
10
system
are
removed
throughout
Code
chapter
331
and
replaced
11
with
“electronic
services
system”.
12
Under
current
law,
in
addition
to
the
$5
county
recorders
13
collect
for
each
page
of
a
document
or
instrument
filed
in
14
the
county
recorder’s
office,
$1
is
collected
for
the
county
15
recorder’s
records
management
fund,
and
$1
is
collected
for
16
the
county
recorder’s
electronic
transaction
fund.
The
bill
17
changes
the
fees
to
a
flat
fee
of
$10
for
each
page
filed
or
18
recorded
in
the
recorder’s
office,
with
a
maximum
recording
fee
19
of
$500
for
50
or
more
pages
filed.
From
the
total
fee
of
$10
20
per
page
of
a
document
or
instrument
filed
with
a
recorder,
$2
21
is
transferred
to
the
recorder’s
technology
advancement
fund
22
and
$3
is
transferred
to
the
recorder’s
electronic
services
23
system
fund.
24
The
bill
eliminates
the
county
recorder’s
records
management
25
funds
and
creates
recorder’s
technology
advancement
funds
to
26
be
used
for
the
following
purposes:
maintaining
and
improving
27
equipment,
software,
and
systems;
preserving
and
maintaining
28
archived
physical
and
electronic
documents
or
instruments;
29
converting
physical
documents
to
electronic
documents;
and
30
education
and
training
for
advancing
technology.
The
bill
31
eliminates
the
county
recorder’s
electronic
transaction
funds
32
and
creates
recorder’s
electronic
services
funds.
By
the
first
33
day
of
each
month,
the
treasurer
shall
transfer
the
moneys
34
deposited
into
the
recorder’s
electronic
services
system
fund
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to
an
account
in
a
financial
institution
designated
by
the
1
governing
board
of
the
electronic
services
system
to
be
used
2
as
outlined
in
new
Code
section
331.605B
for
the
following
3
purposes:
to
enable
electronic
filing
for
recording
documents;
4
to
provide
electronic
access
to
recorded
public
documents;
to
5
receive
electronic
payments
to
process
electronic
documents
6
for
recording;
to
implement
security
and
redaction
systems
to
7
protect
personally
identifiable
information;
to
integrate
with
8
other
appropriate
real
property
filing
or
management
systems;
9
to
establish
standards
for
processing,
recording,
indexing,
10
accessing,
and
archiving
documents
for
electronic
county
land
11
record
management
systems;
and
to
develop
a
notification
system
12
for
users
when
electronic
filings
or
records
are
associated
13
with
the
user’s
name,
property,
or
other
recorded
filing
14
information.
The
recorder
or
the
electronic
services
system
15
shall
make
available
any
information
required
by
the
county
16
auditor
or
auditor
of
state
concerning
the
moneys
collected
17
from
fees
and
the
uses
for
which
such
fees
are
expended.
18
The
county
treasurer
must
transfer
moneys
remaining
in
the
19
county
recorder’s
records
management
fund
to
the
recorder’s
20
technology
advancement
fund
and
moneys
remaining
in
the
county
21
recorder’s
electronic
transaction
fund
to
the
recorder’s
22
electronic
services
fund
on
the
effective
date
of
the
bill.
23
The
bill
provides
that
any
moneys
remaining
in
the
local
24
government
electronic
transaction
fund
after
the
effective
date
25
of
the
bill
are
appropriated
to
the
treasurer
of
state
to
be
26
used
by
the
treasurer
of
state
to
assist
the
governing
board
of
27
the
electronic
services
system
in
accomplishing
the
purposes
28
stated
in
Code
section
331.605B(1).
29
The
electronic
services
system
may
collect
a
fee
of
not
more
30
than
$3
per
recorded
document,
along
with
any
service
charges
31
associated
with
a
credit
or
debit
card
payment,
to
receive
and
32
process
a
document
or
instrument.
Moneys
collected
from
these
33
fees
by
the
electronic
services
system
must
be
used
for
the
34
same
purposes
as
the
recorder’s
electronic
services
fund.
The
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electronic
services
system
cannot
charge
a
fee
for
viewing,
1
accessing,
or
printing
records
and
cannot
provide
access
to
2
records
on
a
batch
basis.
3
The
bill
limits
tort
liability
of
government
subdivisions
4
by
excluding
contractors
hired
by
the
governing
board
of
the
5
electronic
services
systems
from
government
employees.
6
The
bill
creates
a
process
for
a
county
recorder
to
decline
7
acceptance
of
a
physical
or
electronic
document
and
to
provide
8
information
to
the
filer
to
correct
the
defect.
A
recorder’s
9
ability
to
collect
an
additional
recording
fee
of
$10
per
10
document
to
accept
nonconforming
documents
is
eliminated.
11
The
information
required
to
be
included
by
a
recorder
12
who
is
filing
and
indexing
documents
or
instruments
into
the
13
electronic
county
land
record
management
system
is
outlined
14
and
includes
how
reference
numbers
must
be
determined
and
15
applied
to
filings
each
calendar
year,
the
use
of
only
numeric
16
references
containing
no
more
than
six
digits
preceded
by
17
a
county
two-digit
code
and
four-digit
year,
and
indexing
18
requirements
for
certain
recorded
documents
associated
with
19
the
recording.
Additionally,
the
following
shall
be
indexed
20
if
known:
a
parcel
identification
number;
a
legal
description
21
and
parsed
location
information
including
platted
and
22
unplatted
information;
and
any
additional
parcel
identifiers
23
used
by
a
county
auditor.
The
indexing
and
recording
24
requirements
outlined
in
the
bill
take
effect
January
1,
2026.
25
Additionally,
a
recorder
must
note
in
the
index
the
exact
hour,
26
minute,
and
second
a
document
or
instrument
is
recorded.
27
The
bill
provides
for
the
recording
of
surveys
in
new
Code
28
section
331.612.
Specific
text
sizing
and
formatting
along
29
with
page
sizing,
index
legend
requirements,
and
other
required
30
information
for
surveys,
plats,
subdivision
plats,
and
monument
31
preservation
certificates,
with
an
emphasis
on
legibility,
32
are
provided.
The
recorder
must
accept
a
plat
or
subdivision
33
plat
that
meets
the
requirements
outlined
in
Code
section
34
355.7,
355.7A,
or
355.8
submitted
electronically
through
the
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electronic
services
system.
The
bill
also
provides
for
the
use
1
of
cover
pages
when
submitting
the
information
required
in
Code
2
section
331.606B(2)
and
outlines
the
location
on
the
first
page
3
where
the
information
must
be
provided
when
filing
a
document
4
with
the
county
recorder
along
with
providing
guidelines
for
5
including
designated
space
for
a
county
recorder’s
use.
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