331.604 - RECORDING AND FILING FEES.

        331.604  RECORDING AND FILING FEES.         1.  Except as otherwise provided by state law, subsection 4, or      section 331.605, the recorder shall collect a fee of five dollars for      each page or fraction of a page of an instrument which is filed or      recorded in the recorder's office.  If a page or fraction of a page      contains more than one transaction, the recorder shall collect the      fee for each transaction.         2. a.  The recorder shall also collect a fee of one dollar for      each recorded transaction for which a fee is paid pursuant to      subsection 1 to be used exclusively for the purpose of preserving and      maintaining public records.  The treasurer, on behalf of the      recorder, shall establish and maintain a county recorder's records      management fund into which all moneys collected pursuant to this      subsection shall be deposited.  Interest earned on moneys deposited      in the fund shall be credited to the county recorder's records      management fund.  The recorder shall use the moneys deposited in the      fund to produce and maintain public records that meet archival      standards, and to enhance the technological storage, retrieval, and      transmission capabilities related to archival quality records.  The      recorder may cooperate with other entities, boards, and agencies to      establish methods of records management, and participate in other      joint ventures which further the purposes of this subsection.         b.  Fees collected pursuant to this subsection shall be used      to accomplish the following purposes:         (1)  Preserve and maintain public records.         (2)  Assist counties in reducing record preservation costs.         (3)  Encourage and foster maximum access to public records      maintained by county recorders at locations throughout the state.         (4)  Establish plans for anticipated and possible future needs,      including the handling and preservation of vital statistics.         3. a.  Each county shall participate in the county land record      information system and shall comply with the policies and procedures      established by the governing board of the county land record      information system.         b. (1)  For the period beginning July 1, 2004, and ending June      30, 2009, the county recorder shall also collect a fee of one dollar      for each recorded transaction, regardless of the number of pages, for      which a fee is paid pursuant to subsection 1 to be used for the      purpose set forth in paragraph "d".         (2)  For the period beginning July 1, 2009, and ending June 30,      2011, the recorder shall also collect a fee of three dollars for each      recorded transaction, regardless of the number of pages, for which a      fee is paid pursuant to subsection 1 to be used for the following      purposes:         (a)  Maintaining the statewide internet website and the county      land record information system.         (b)  Integrating information contained in documents and records      maintained by the recorder and other land record information from      other sources with the county land record information system.         (c)  Implementing and maintaining a process for redacting      personally identifiable information contained in electronic documents      that are displayed for public access through an internet website or      that are transferred to another person.         (3)  Beginning July 1, 2011, the recorder shall also collect a fee      of one dollar for each recorded transaction, regardless of the number      of pages, for which a fee is paid pursuant to subsection 1 to be used      for the purposes in subparagraph (2) and for the following purposes:         (a)  Establishing and implementing standards for recording,      processing, and archiving electronic documents and records.         (b)  Expanding access to records by encouraging electronic      indexing and scanning of documents and instruments recorded in prior      years.         (4)  Notwithstanding subparagraph (2), the fee collected by the      recorder under this subsection for recording a plat of survey is one      dollar, regardless of the number of pages.  For purposes of this      subparagraph, "plat of survey" means the same as defined in      section 355.1, subsection 9.         (5)  Fees collected in excess of the amount needed for the      purposes specified in this subsection shall be used by the county      land record information system to reduce or eliminate service fees      for electronic submission of documents and instruments.         c.  The county treasurer, on behalf of the recorder, shall      establish and maintain a county recorder's electronic transaction      fund into which all moneys collected pursuant to paragraph "b"      shall be deposited.  Interest earned on moneys deposited in this fund      shall be computed based on the average monthly balance in the fund      and shall be credited to the county recorder's electronic transaction      fund.         d.  The local government electronic transaction fund is      established in the office of the treasurer of state under the control      of the treasurer of state.  Moneys deposited into the fund are not      subject to section 8.33.  Notwithstanding section 12C.7, interest or      earnings on moneys in the local government electronic transaction      fund shall be credited to the fund.  Moneys in the local government      electronic transaction fund are not subject to transfer,      appropriation, or reversion to any other fund, or any other use      except as provided in this subsection.  On a monthly basis, the      county treasurer shall pay the fees deposited into the county      recorder's electronic transaction fund to the treasurer of state for      deposit into the local government electronic transaction fund.      Moneys credited to the local government electronic transaction fund      are appropriated to the treasurer of state for the payment of claims      approved by the governing board of the county land record information      system.  Except as otherwise provided in this subsection,      expenditures from the fund shall be for the purpose of planning and      implementing electronic recording and electronic transactions in each      county, developing county and statewide internet websites to provide      electronic access to records and information, and to pay the ongoing      costs of integrating and maintaining the statewide internet website.         e.  The recorder shall make available any information required      by the county auditor or auditor of state concerning the fees      collected under this subsection for the purposes of determining the      amount of fees collected and the uses for which such fees are      expended.         4.  A county shall not be required to pay a fee to the recorder      for filing or recording instruments.  However, a county treasurer is      required to pay recording fees pursuant to section 437A.11.  
         Section History: Early Form
         [C51, § 2534; R60, § 4143; C73, § 3792; C97, S13, § 498; C24, 27,      31, 35, 39, § 5177; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,      81, § 335.14; S81, § 331.604; 81 Acts, ch 117, § 603] 
         Section History: Recent Form
         84 Acts, ch 1124, § 1; 91 Acts, ch 191, § 13; 92 Acts, ch 1005,      §1; 92 Acts, ch 1212, § 33; 2009 Acts, ch 27, §6; 2009 Acts, ch 159,      §3         Referred to in § 10A.108, 96.14, 124C.4, 331.602, 331.605B,      331.609, 359A.10, 359A.12, 422.26, 424.11, 437A.11, 437A.22, 468.628,      499A.1, 499B.3, 501.105, 547.3, 557.24, 557.26, 558.66, 598.21,      633.481, 674.14 
         Footnotes
         Report to general assembly by governing board of county land      record information system due on or before January 1, 2012; 2009      Acts, ch 159, §13         Effective May 26, 2009, any existing contract with a project      manager under the county land record information system shall be      terminated if permitted under the contract; governing board to      initiate new request for proposals for a project manager; 2009 Acts,      ch 179, §98, 153