General Assembly: 78 (2000 Regular GA) - Chapter 1085 - Matters related to county officers’ duties — instruments affecting property — fees


Published: 2000-04-13

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219 LAWS OF THE SEVENTY-EIGHTH G.A., 2000 SESSION CH.I085

d. The requirement that the county auditor sign a warrant is satisfied by use of a digital signature or other secure electronic signature if the county auditor has complied with the applicable provisions of chapter 554C.l ~ In lieu of the auditor issuing a warrant to a drawee. the auditor may issue a warrant

payment order to the county treasurer. Upon receipt of the warrant payment order. the treasurer may submit payment to the drawee through an electronic funds transfer system.

Sec. 2. Section 331.552, Code 1999, is amended by adding the following new subsection: NEW SUBSECTION. 33. Carry out duties relating to warrant lists provided by the county

auditor pursuant to section 331.506, subsection 1.

Sec. 3. Section 331.554, subsection 4, Code 1999, is amended to read as follows: 4. The treasurer shall return the paid warrants to the auditor. The original warrant shall

be preserved for at least two years. The requirement that the original warrant be preserved is satisfied by preservation of the warrant in electronic form if the requirements of section 554C.205 2 are met The treasurer shall make monthly reports to show for each warrant the number, date, drawee's name, when paid, to whom paid, original amount, and interest.

Sec. 4. Section 331.554, subsection 6, Code 1999, is amended to read as follows: 6. The amount of a check. other than a warrant. outstanding for more than two years

shall be paid to the treasurer and credited as unclaimed fees and trusts. The treasurer shall provide a list of the checks to the auditor who shall maintain a record of the unclaimed fees and trusts. A person may claim an unclaimed fee or trust within five years after the money is credited upon proper proof of ownership.

Approved April 13, 2000

CHAPTER 1085 MATTERS RELATED TO COUNTY OFFICERS' DUTIES -

INSTRUMENTS AFFECTING PROPERTY - FEES S.F.2253

AN ACT relating to certain county officers' duties relating to property transfer instruments, records of fees paid to a county, notice of certification of utility liens, and notice of mobile homes departing and entering mobile home parks.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 321.45, subsection 4, Code Supplement 1999, is amended to read as follows:

4. A After acquiring a used mobile home or manufactured housing to be titled in Iowa. a mobile home dealer, as defined in section 322B.2, shall within thirty days of aeEIHiring a Hsed mobile home OF manHfaetHFed hOHsing, titled in Iowa, apply for and obtain from the county treasurer of the dealer's county of residence a new certificate of title for the mobile home or manufactured housing. In the event that there is a prior lien or encumbrance to be released. as required by section 321.50. subsection 4. the thirty-day time period in this subsection does not begin to run until the lien or encumbrance is released.

1 See chapter 1189 and chapter 1232, §67 herein 2 See chapter 1189 and chapter 1232, §68 herein

CH.I085 LAWS OF THE SEVENTY-EIGHTH G.A., 2000 SESSION 220

Sec. 2. Section 33l.602, subsection 1, paragraph d, Code Supplement 1999, is amended to read as follows:

d. An instrument conveying an interest in real property other than a mortgage. a mort- gage release. or an assignment. shall contain the statement "Address tax statement:" which shall be filled out with a name and complete mailing address. Each instrument conveying an interest in real property shall contain this statement unless otherwise authorized by the county recorder.

Sec. 3. Section 331.902, subsection 2, Code 1999, is amended to read as follows: 2. Each elective officer specified in subsection 1 shall maintain a permaReRt record in the

county system of each fee and charge collected. The record shall show the date, amount, payor, and type of service, and, when the fee is for recording an instrument, the names of the parties to the instrument. The record of the fees collected shall be retained for three years after audit of the county pursuant to section 11.6.

Sec. 4. Section 384.84, subsection 3, paragraph c, Code Supplement 1999, is amended to read as follows:

c. A lien for a city utility or enterprise service under paragraph "a" shall not be certified to the county treasurer for collection unless prior written notice of intent to certify a lien is given to the account holder of the delinquent account at least thirty days prior to certifica- tion. If the account holder is a tenant, and if the owner or landlord of the property has made a written request for notice, the notice shall also be given to the owner or landlord. The notice shall be sent to the appropriate persons by ordinary mail not less than ten thirty days prior to certification of the lien to the county treasurer.

Sec. 5. Section 435.24, subsection 3, Code Supplement 1999, is amended to read as follows: 3. Each mobile home park owner shall notify monthly the county treasurer concerning

any home arriving in or departing from the park without a tax clearance statement. The records of the owner shall be open to inspection by a duly authorized representative of any law enforcement agency. Any prsperty S"NRer, maRager sr teRaRt shall repsrt ts the eSl:1Rty treaSl:1rer hsmes parli:ed l:1pSR aRy prsperty s''NRed, maRaged, sr reRted by that perssR. The mobile home park owner or manager shall make an annual report to the county treasurer due June 1 of the homes sited in the mobile home park. listing the owner and mailing address of each home located in the mobile home park. The report is delinquent if not filed with the county treasurer by June 30. In addition to the annual report. the owner or manager shall also report any changes of homes or owners in a report due December 1. which is delinquent if not filed by December 31. However. if no changes have occurred since the June annual report. the December report is not required to be filed.

Sec. 6. Section 448.1, Code 1999, is amended to read as follows: 448.1 RETURN OF CERTIFICATE OF PURCHASE - EXECUTION OF DEED. Immediately after the expiration of ninety days from the date of completed service of the

notice provided in section 447.12 the county treasurer shall make out a deed for each parcel sold and unredeemed, aRd deli'ler it ts the pl:1rehaser upon the return of the certificate of purchase and payment of the appropriate deed and recording fees by the purchaser, The treasurer shall record the deed with the county recorder prior to delivering the deed to the purchaser. The treasurer shall receive twenty-five dollars for each deed made by the trea- surer, and the treasurer may include any number of parcels purchased by one person in one deed, if authorized by the treasurer.

The tax sale certificate holder shall return the certificate of purchase and remit the appro- priate deed issuance fee and recording fee to the county treasurer within ninety calendar days after the redemption period expires. The treasurer shall cancel the certificate for any tax sale certificate holder who fails to comply with this paragraph. This paragraph does not apply to certificates held by a county. This paragraph is applicable to all certificates of purchase issued before, on, or after July 1, 1997. Holders of certificates of purchase that are

221 LAWS OF THE SEVENTY-EIGHTH G.A., 2000 SESSION CH.1087

outstanding on July 1,1997, shall return the certificate of purchase and remit the appropri- ate deed issuance fee to the county treasurer within ninety calendar days from that date.

Approved April 13, 2000

CHAPTER 1086 HOUSEHOLD HAZARDOUS MATERIAL COLLECTION

S.F.2326

AN ACT relating to funding of certain household hazardous material collection efforts and events.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 455E.ll, subsection 2, paragraph a, subparagraph (2), subparagraph subdivision (f), Code 1999, is amended to read as follows:

(f) Eight and one-half percent to the department to provide additional toxic cleanup days or other efforts of the department to support permanent household hazardous material col- lection systems and special events for household hazardous material collection. and for the natural resource geographic information system required under section 455E.8, subsection 6. Departmental rules adopted for implementation of toxic cleanup days shall provide suffi- cient flexibility to respond to the household hazardous material collection needs of both small and large communities. Repayment of moneysl from the Iowa business loan program for waste reduction and recycling pursuant to section 455B.31O. subsection 2. paragraph "b", Code 1993. and discontinued pursuant to 1993 Iowa Acts, chapter 176, section 45. shall be placed into this account to support household hazardous materials programs of the department.

Approved April 13, 2000

CHAPTER 1087 CREATION OF REAL ESTATE IMPROVEMENT DISTRICTS

S.F.2342

AN ACT relating to the creation of a real estate improvement district.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 358C.l, subsection 2, paragraph d, Code 1999, is amended to read as follows:

d. "District" means a real estate improvement district as created in this chapter. A-real estate ifftf'lre"1emeRt distriet sRall Ret Be ereated after JURe 3Q, 2QQQ.

Approved April 13, 2000

I The phrase "Repayment moneys' probably intended