Text: SF00402 Text: SF00404 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 428.4, unnumbered paragraph 1, Code 1 2 1999, is amended to read as follows: 1 3 Property shall be assessed for taxation each year. Real 1 4 estate shall be listed and assessed in 1981 and every two 1 5 years thereafter. The assessment of real estate shall be the 1 6 value of the real estate as of January 1 of the year of the 1 7 assessment. The year 1981 and each odd-numbered year 1 8 thereafter shall be a reassessment year. In any year, after 1 9 the year in which an assessment has been made of all the real 1 10 estate in an assessing jurisdiction, the assessor shall value 1 11 and assess or revalue and reassess, as the case may require, 1 12 any real estate that the assessor finds was incorrectly valued 1 13 or assessed, or was not listed, valued, and assessed, in the 1 14 assessment year immediately preceding, also any real estate 1 15 the assessor finds has changed in value subsequent to January 1 16 1 of the preceding real estate assessment year. However, a 1 17 percentage increase on a class of property shall not be made 1 18 in a year not subject to an equalization order unless ordered 1 19 by the department of revenue and finance. The assessor shall 1 20 determine the actual value and compute the taxable value 1 21 thereof as of January 1 of the year of the revaluation and 1 22 reassessment. The assessment shall be completed as specified 1 23 in section 441.28, but no reduction or increase in actual 1 24 value shall be made for prior years, except as provided in 1 25 section 441.49. If an assessor makes a change in the 1 26 valuation of the real estate as provided for, sections 441.23, 1 27 441.37, 441.38 and 441.39 apply. 1 28 Sec. 2. Section 441.28, Code 1999, is amended to read as 1 29 follows: 1 30 441.28 ASSESSMENT ROLLS – CHANGE – NOTICE TO TAXPAYER. 1 31 The assessment shall be completed not later than April 15 1 32 each year. If the assessor makes any change in an assessment 1 33 after it has been entered on the assessor's rolls, including a 1 34 change pursuant to an equalization order, the assessor shall 1 35 note onsaidthe roll, together with the original assessment, 2 1 the new assessment and the reason for the change, together 2 2 with the assessor's signature and the date of the change. 2 3 Provided, however, in the event the assessor increases any 2 4 assessment the assessor shall give notice in writing thereof 2 5 to the taxpayer by mail prior to the meeting of the board of 2 6 review. No changes shall be made on the assessment rolls 2 7 after April 15 except by order of the board of review or by 2 8 decree of court. 2 9 Sec. 3. Section 441.33, unnumbered paragraph 1, Code 1999, 2 10 is amended to read as follows: 2 11 The board of review shall be in session from May 1 through 2 12 the period of time necessary to act on all protests filed 2 13 undersectionsections 441.37 and 441.49 but not later than 2 14 May 31 each year and for an additional period as required 2 15 under section 441.37 and shall hold as many meetings as are 2 16 necessary to discharge its duties. On or before May 31 in 2 17 those years in which a session has not been extended as 2 18 required under section 441.37, the board shall return all 2 19 books, records and papers to the assessor except undisposed of 2 20 protests and records pertaining to those protests. If it has 2 21 not completed its work by May 31, in those years in which the 2 22 session has not been extended under section 441.37, the 2 23 director of revenue and finance may authorize the board of 2 24 review to continue in session for a period necessary to 2 25 complete its work, but the director of revenue and finance 2 26 shall not approve a continuance extending beyond July 15. On 2 27 or before May 31 or on the final day of any extended session 2 28 required under section 441.37 or authorized by the director of 2 29 revenue and finance, the board of review shall adjourn until 2 30 May 1 of the following year. It shall adopt its own rules of 2 31 procedure, elect its own chairperson from its membership, and 2 32 keep minutes of its meetings. The board shall appoint a clerk 2 33 who may be a member of the board or any other qualified 2 34 person, except the assessor or any member of the assessor's 2 35 staff. It may be reconvened by the director of revenue and 3 1 finance. All undisposed protests in its hands on July 15 3 2 shall be automatically overruled and returned to the assessor 3 3 together with its other records. 3 4 Sec. 4. Section 441.35, unnumbered paragraph 2, Code 1999, 3 5 is amended to read as follows: 3 6 In any year after the year in which an assessment has been 3 7 made of all of the real estate in any taxing district, it 3 8 shall be the duty of the board of review to meet as provided 3 9 in section 441.33,and where it finds the same has changed in3 10value,to revalue and reassess any part or all of the real 3 11 estate contained in such taxing district, and in such case, it 3 12 shall determine the actual value as of January 1 of the year 3 13 of the revaluation and reassessment and compute the taxable 3 14 value thereof, and any aggrieved taxpayer may petition for a 3 15 revaluation of the taxpayer's property, but no reduction or 3 16 increase shall be made for prior years. If the assessment of 3 17 any such property is raised, or any property is added to the 3 18 tax list by the board, the clerk shall give notice in the 3 19 manner provided in section 441.36, provided, however, that if 3 20 the assessment of all property in any taxing district is 3 21 raised the board may instruct the clerk to give immediate 3 22 notice by one publication in one of the official newspapers 3 23 located in the taxing district, and such published notice 3 24 shall take the place of the mailed notice provided for in 3 25 section 441.36, but all other provisions of said section shall 3 26 apply. The decision of the board as to the foregoing matters 3 27 shall be subject to appeal to the district court within the 3 28 same time and in the same manner as provided in section 3 29 441.38. 3 30 Sec. 5. Section 441.49, unnumbered paragraphs 2, 3, 4, and 3 31 5, Code 1999, are amended to read as follows: 3 32 However, an assessing jurisdiction may request the director 3 33 to permit the use of an alternative method of applying the 3 34 equalization order to the property values in the assessing 3 35 jurisdiction, provided that the final valuation shall be 4 1 equivalent to the director's equalization order. The 4 2 assessing jurisdiction shall notify the county auditor of the 4 3 request for the use of an alternative method of applying the 4 4 equalization order and the director's disposition of the 4 5 request. The request to use an alternative method of applying 4 6 the equalization order, including procedures for notifying 4 7 affected property owners and appealing valuation adjustments, 4 8 shall be made within ten days from the date the county auditor 4 9 receives the equalization order and the valuation adjustments, 4 10 and appeal procedures shall be completed byNovember 30May 31 4 11 of the yearoffollowing the equalization order. Compliance 4 12 with the provisions of section 441.21 is sufficient grounds 4 13 for the director to permit the use of an alternative method of 4 14 applying the equalization order. 4 15 On or before October 15 of the year of the equalization 4 16 order the county auditor shall cause to be published in 4 17 official newspapers of general circulation the final 4 18 equalization order. Failure to publish the equalization order 4 19 has no effect upon the validity of the orders. 4 20 For all jurisdictions, the equalization percentage shall be 4 21 applied to the following year's values, and shall be 4 22 considered the equalized values for that year for purposes of 4 23 this chapter. The county auditor shall add to or deduct from 4 24 the valuation of each class of property in the county the 4 25 required percentage, rejecting all fractions of fifty cents or 4 26 less in the result, and counting all fractions over fifty 4 27 cents as one dollar.For any special charter city that levies4 28and collects its own tax based on current year assessed4 29values, the equalization percentage shall be applied to the4 30following year's values, and shall be considered the equalized4 31values for that year for purposes of this chapter.4 32 The local board of review shallreconvene in special4 33session from October 15 to November 15 for the purpose of4 34hearingat its regular session hear the protests of affected 4 35 property owners or taxpayers within the jurisdiction of the 5 1 board whose valuation of property if adjusted pursuant to the 5 2 equalization order issued by the director of revenue and 5 3 finance will result in a greater value than permitted under 5 4 section 441.21.The board of review shall accept protests5 5only during the first ten days following the date the local5 6board of review reconvenes.The board of review shall limit 5 7 its review to only the timely filed protests. The board of 5 8 review may adjust all or a part of the percentage increase 5 9 ordered by the director of revenue and finance by adjusting 5 10 the actual value of the property under protest to one hundred 5 11 percent of actual value. Any adjustment so determined by the 5 12 board of review shall not exceed the percentage increase 5 13 provided for in the director's equalization order. The 5 14 determination of the board of review on filed protests is 5 15 final, subject to review by the director of revenue and 5 16 finance for the purpose of determining whether the board's 5 17 actions substantially altered the equalization order. In 5 18 making the review, the director has all the powers provided in 5 19 chapter 421, and in exercising the powers the director is not 5 20 subject to chapter 17A. Not later than fifteen days following 5 21 the adjournment of the board, the board of review shall submit 5 22 to the director of revenue and finance, on forms prescribed by 5 23 the director, a report of all actions taken by the board of 5 24 review during this session. 5 25 EXPLANATION 5 26 This bill makes several changes to the process by which 5 27 equalization orders of property tax assessments are 5 28 implemented by county and city assessors. The bill provides 5 29 that equalization orders received by the assessor shall be 5 30 applied to the county's or city's assessments in the year 5 31 following the equalization order. The bill provides that 5 32 taxpayers may protest a change in assessment based on an 5 33 equalization order to the board of review at the board's 5 34 regular session in May. Currently, the board is required to 5 35 go into special session in November in the year the order was 6 1 issued to hear such protests. 6 2 The bill requires that a change in assessment due to 6 3 equalization be noted on the notice of assessment mailed to 6 4 taxpayers by the assessor. The bill allows a taxpayer to 6 5 protest the taxpayer's assessment to the board of review even 6 6 if the assessment has not changed in value from the previous 6 7 year. 6 8 LSB 1872SS 78 6 9 sc/jw/5
Text: SF00402 Text: SF00404 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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