Text: HF00473 Text: HF00475 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 474 1 2 1 3 AN ACT 1 4 RELATING TO THE POWERS AND DUTIES OF COUNTY TREASURERS BY 1 5 AMENDING CODE SECTIONS PERTAINING TO SPECIAL ASSESSMENTS, 1 6 CERTAIN MOTOR VEHICLE OWNERSHIP TRANSFERS, TAX STATEMENT 1 7 ADDRESSES, TAX REDEMPTION, AND TAX CLEARANCE STATEMENTS 1 8 FOR MOBILE HOMES, AND PROVIDING EFFECTIVE DATE AND APPLIC- 1 9 ABILITY DATE PROVISIONS. 1 10 1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 12 1 13 Section 1. Section 161A.35, unnumbered paragraph 1, Code 1 14 1999, is amended to read as follows: 1 15 If the owner of any premises against which a levy exceeding 1 16twentyone hundred dollars has been made and certified shall, 1 17 within thirty days from the date of such levy, agree in 1 18 writing in a separate agreement, that in consideration of 1 19 having a right to pay the owner's assessment in installments, 1 20 the owner will not make any objection as to the legality of 1 21 the assessment for benefit, or the levy of the taxes against 1 22 the owner's property, then such owner shall have the following 1 23 options: 1 24 Sec. 2. Section 321.47, unnumbered paragraph 1, Code 1999, 1 25 is amended to read as follows: 1 26 If ownership of a vehicle is transferred by operation of 1 27 law upon inheritance, devise or bequest, dissolution decree, 1 28 order in bankruptcy, insolvency, replevin, foreclosure or 1 29 execution sale, abandoned vehicle sale, or when the engine of 1 30 a motor vehicle is replaced by another engine, or a vehicle is 1 31 sold or transferred to satisfy an artisan's lien as provided 1 32 in chapter 577, a landlord's lien as provided in chapter 570, 1 33 a storage lien as provided in chapter 579, a judgment in an 1 34 action for abandonment of a mobile home as provided in chapter 1 35 555B, or repossession is had upon default in performance of 2 1 the terms of a security agreement, the county treasurer in the 2 2 transferee's county of residence, upon the surrender of the 2 3 prior certificate of title or the manufacturer's or importer's 2 4 certificate, or when that is not possible, upon presentation 2 5 of satisfactory proof to the county treasurer of ownership and 2 6 right of possession to the vehicle and upon payment of a fee 2 7 of ten dollars and the presentation of an application for 2 8 registration and certificate of title, may issue to the 2 9 applicant a registration card for the vehicle and a 2 10 certificate of title to the vehicle. A person entitled to 2 11 ownership of a vehicle under a decree of dissolution shall 2 12 surrender a reproduction of a certified copy of the 2 13 dissolution and upon fulfilling the other requirements of this 2 14 chapter is entitled to a certificate of title and registration 2 15 receipt issued in the person's name. 2 16 Sec. 3. Section 331.602, subsection 1, unnumbered 2 17 paragraph 1, Code 1999, is amended to read as follows: 2 18 Record all instruments presented to the recorder's office 2 19 for recordation upon payment of the proper fees and compliance 2 20 with other recording requirements as provided by law. The 2 21 instruments presented for filing or recordation shall be 2 22 legible and reproducible, and shall have typed or legibly 2 23 printed on them the names of all signatories including the 2 24 names of acknowledging officers and witnesses beneath the 2 25 original signatures. Except as otherwise authorized by the 2 26 recorder, the instruments shall be no larger than eight and 2 27 one-half inches by fourteen inches and shall provide a space 2 28 at the top of the instrument at least eight and one-half 2 29 inches across the page by two inches in length, on which space 2 30 shall be typed or legibly printed across the page on the 2 31 bottom one-fourth inch of this space, the name, address, and 2 32 telephone number of the individual who prepared the instrument 2 33 and, immediately below the two inches of space, the tax 2 34 statement information required in paragraph "d". The 2 35 remaining portion of this space shall be reserved for use by 3 1 the county recorder. 3 2 Sec. 4. Section 331.602, subsection 1, Code 1999, is 3 3 amended by adding the following new paragraph: 3 4 NEW PARAGRAPH. d. An instrument conveying an interest in 3 5 real property shall contain the statement "Address tax 3 6 statement:" which shall be filled out with a name and complete 3 7 mailing address. Each instrument conveying an interest in 3 8 real property shall contain this statement unless otherwise 3 9 authorized by the county recorder. 3 10 Sec. 5. Section 357.20, Code 1999, is amended to read as 3 11 follows: 3 12 357.20 DUE DATE – BONDS. 3 13 Assessments of less thantenone hundred dollars will come 3 14 due at the first taxpaying date after the approval of the 3 15 final assessment, and assessments oftenone hundred dollars 3 16 or more may be paid in ten annual installments with interest 3 17 on the unpaid balance at a rate not exceeding that permitted 3 18 by chapter 74A. The board of supervisors shall issue bonds 3 19 against the completed assessment in an amount equal to the 3 20 total cost of the project, so that the amount of the 3 21 assessment will be approximately ten percent greater than the 3 22 amount of the bonds. 3 23 Sec. 6. Section 384.65, subsection 1, Code 1999, is 3 24 amended to read as follows: 3 25 1. The first installment of each assessment, or the total 3 26 amount if less thanfiftyone hundred dollars, is due and 3 27 payable on July 1 next succeeding the date of the levy, unless 3 28 the assessment is filed with the county treasurer after May 31 3 29 in any year. The first installment shall bear interest on the 3 30 whole unpaid assessment from the date of acceptance of the 3 31 work by the council to the first day of December following the 3 32 due date. 3 33 Sec. 7. Section 435.24, subsection 5, Code 1999, is 3 34 amended to read as follows: 3 35 5. Before a home may be moved from its present site by any 4 1 person, a tax clearance statement in the name of the owner 4 2 must be obtained from the county treasurer of the county where 4 3 the present site is located certifying that taxes are not 4 4 owing under this section for previous years and that the taxes 4 5 have been paid for the current tax period. When a person 4 6 moves a home from real property to a dealer's stock or to a 4 7 mobile home park, as defined in section 435.1, a tax clearance 4 8 statement shall be applied for, and issued, from the county 4 9 treasurer of the county where the present site is located. 4 10 When the home is moved to another county in this state, the 4 11 county treasurer shall forward a copy of the tax clearance 4 12 statement to the county treasurer of the county in which the 4 13 home is being relocated. However, a tax clearance statement 4 14 is not required for a home in a manufacturer's or dealer's 4 15 stock whichishas not been used as a place for human 4 16 habitation. A tax clearance form is not required to move an 4 17 abandoned home. A tax clearance form is not required in 4 18 eviction cases provided the mobile home park owner or manager 4 19 advises the county treasurer that the tenant is being evicted. 4 20 If a dealer acquires a home from a person other than a 4 21 manufacturer, the person shall provide a tax clearance 4 22 statement in the name of the owner of record to the dealer. 4 23 The tax clearance statement shall be provided by the county 4 24 treasurer in a method prescribed by the department of 4 25 transportation. 4 26 Sec. 8. Section 447.9, subsection 1, Code 1999, is amended 4 27 to read as follows: 4 28 1. After one year and nine months from the date of sale, 4 29 or after nine months from the date of a sale made under 4 30 section 446.18 or 446.39, the holder of the certificate of 4 31 purchase may cause to be served upon the person in possession 4 32 of the parcel, and also upon the person in whose name the 4 33 parcel is taxed, a notice signed by the certificate holder or 4 34 the certificate holder's agent or attorney, stating the date 4 35 of sale, the description of the parcel sold, the name of the 5 1 purchaser, and that the right of redemption will expire and a 5 2 deed for the parcel be made unless redemption is made within 5 3 ninety days from the completed service of the notice. The 5 4 notice shall be served by both regular mail and certified mail 5 5 to the person's last known address and suchnoticeservice is 5 6 deemed completed when the notice by certified mail is 5 7 deposited in the mail and postmarked for delivery. The 5 8 ninety-day redemption period begins as provided in section 5 9 447.12. When the notice is given by a county as a holder of a 5 10 certificate of purchase the notice shall be signed by the 5 11 county treasurer or the county attorney, and when given by a 5 12 city, it shall be signed by the city officer designated by 5 13 resolution of the council. When the notice is given by the 5 14 Iowa finance authority or a city or county agency holding the 5 15 parcel as part of an Iowa homesteading project, it shall be 5 16 signed on behalf of the agency or authority by one of its 5 17 officers, as authorized in rules of the agency or authority. 5 18 Sec. 9. Section 447.13, Code 1999, is amended to read as 5 19 follows: 5 20 447.13 COST – FEE – REPORT. 5 21 The cost of a record search and the cost of serving the 5 22 notice, including the cost of mailing certified mail notices 5 23 and the cost of publication under section 447.10 if 5 24 publication is required, shall be added to the amount 5 25 necessary to redeem.The fee for personal service of the5 26notice shall be the same as for service of an original notice,5 27including copy fee and mileage.The county treasurer shall 5 28 file the proof of service and statement of costs and record 5 29 these costs against the parcel. The certificate holder or the 5 30 holder's agent shall report in writing to the treasurer the 5 31 amount of authorized costs incurred, and the treasurer shall 5 32 file the statement. Costs not filed with the treasurer before 5 33 a redemption is complete shall not be collected by the 5 34 treasurer and may be recovered through a court action against 5 35 the parcel owner by the certificate holder. If the parcel is 6 1 held by a city or county, a city or county agency, or the Iowa 6 2 finance authority, for use in an Iowa homesteading project, 6 3 whether or not the parcel is the subject of a conditional 6 4 conveyance granted under the project, the costs incurred for 6 5 repairs and rehabilitation work required and undertaken in 6 6 order to make the parcel meet applicable building or housing 6 7 code standards shall be added to the amount necessary to 6 8 redeem. 6 9 Sec. 10. 1998 Iowa Acts, chapter 1107, is amended by 6 10 adding the following new section: 6 11 SEC. 34. APPLICABILITY DATE. Section 30 of this Act, 6 12 amending Code section 447.9, applies to redemption of parcels 6 13 sold for delinquent taxes beginning with the tax sale held in 6 14 June 1999. 6 15 Sec. 11. Sections 3 and 4 of this Act, amending Code 6 16 section 331.602, apply to instruments recorded on or after 6 17 January 1, 2000. 6 18 Sec. 12. Section 10 of this Act, being deemed of immediate 6 19 importance, takes effect upon enactment. 6 20 6 21 6 22 6 23 RON J. CORBETT 6 24 Speaker of the House 6 25 6 26 6 27 6 28 MARY E. KRAMER 6 29 President of the Senate 6 30 6 31 I hereby certify that this bill originated in the House and 6 32 is known as House File 474, Seventy-eighth General Assembly. 6 33 6 34 6 35 7 1 ELIZABETH ISAACSON 7 2 Chief Clerk of the House 7 3 Approved , 1999 7 4 7 5 7 6 7 7 THOMAS J. VILSACK 7 8 Governor
Text: HF00473 Text: HF00475 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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