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HSB 761

A bill for an act relating to a convenience fee for recording instruments in a county by a person who is not a resident of the county.

2025-2026 Regular Session

Counties may charge nonresidents a new convenience fee up to $10 per page for recording instruments, with exemptions for those paying county property taxes.

Committee report approving bill, renumbered as HF 2775.
#countygovernment #countyrecorders #fees #nonresidents #publicrecords #recordings
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Bill Summary · HSB 761

Summary of Bill HSB 761 (Iowa) – 2025-2026 Session

What is the bill trying to do?

House Study Bill 761 proposes to authorize county recorders in Iowa to charge a new “convenience fee” for the filing or recording of instruments by individuals who are not residents of the county where the recording takes place. The fee is in addition to existing recording fees, and its use is limited to funds within the county recorder’s records management fund for specified purposes.

Key provisions

  • Authority to impose a convenience fee: A county recorder may charge a convenience fee for recording an instrument for nonresidents of the county, in addition to other legally authorized fees.
  • Conditions for charging:
    • A nonresident may avoid the convenience fee if they pay property tax to the county and provide proof of payment (e.g., a property tax receipt or other acceptable proof determined by the county).
  • Fee cap: The convenience fee cannot exceed $10 per page (or per page fraction). If a page contains more than one transaction, the fee applies to each transaction.
  • Use of collected funds: All monies collected from the convenience fee must be deposited into the county recorder’s records management fund and used for purposes described in Section 331.604(2)(b) (i.e., purposes related to records management and the recorder’s office, though the exact downstream use is defined by that subsection).
  • Baseline fee structure unaffected: The standard recording fee of $5 per page (or fraction) remains in place for all documents, with separate treatment for multiple transactions on the same page.

Who is affected?

  • Primary affected entity: County recorders and their offices in Iowa.
  • Beneficiaries/exclusions:
    • Nonresident individuals recording instruments in a county would be subject to the new convenience fee, unless they provide proof of county property tax payment.
    • County residents who do pay property tax and provide qualifying proof would generally be exempt from the convenience fee.
  • Impact on users: Nonresidents filing documents (deeds, mortgages, liens, etc.) in counties other than where they reside may incur an extra charge not currently in law, affecting the cost of recording instruments.

Procedural and timeline aspects

  • Effective changes: The bill would amend Section 331.604, subsection 1, and would apply to recording activities under those statutory terms, with the new provisions noted in the bill.
  • Implementation path: If enacted, counties would adopt policy and procedures to assess the convenience fee consistent with the statute, including verification of property tax payments where applicable.
  • Legislative history indicators:
    • Subcommittee and committee activity occurred in March and April 2026.
    • The committee reported the bill with amendments and passage; it was renumbered as HF 2775 in the committee report, indicating a later stage in the legislative process.

Potential impacts and considerations

  • Revenue for counties: The convenience fee provides counties with an additional, targeted revenue stream for records management-related activities.
  • Administrative considerations: Counties would need to verify property tax payments to grant exemptions, requiring administrative processes to confirm proof of payment.
  • Equity and accessibility: The fee could affect nonresidents more than residents; the exemption tied to property tax payment offers a partial mitigation for those who contribute to local tax bases.
  • Fiscal note considerations: The bill sets a clear $10 cap, limiting potential revenue and ensuring predictability for stakeholders.

If you’d like, I can tailor this summary to specific audiences (e.g., county officials, real estate professionals, or the general public) or provide a side-by-side comparison with current law.

Compiled from official sources — confirm details with the bill’s official record.

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