Text: HSB00154                          Text: HSB00156
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 155

Bill Text

PAG LIN
  1  1    Section 1.  Section 331.303, subsection 1, paragraph b,
  1  2 Code 2001, is amended to read as follows:
  1  3    b.  A "warrant book" which records each warrant drawn in
  1  4 the order of issuance by number, date, amount, and name of
  1  5 drawee, and refers to the order in the minute book authorizing
  1  6 its drawing.  The board may authorize the auditor to issue
  1  7 checks in lieu of warrants.  If the issuance of checks is
  1  8 authorized, the word "check" shall be substituted for the word
  1  9 "warrant" in those sections of this chapter and chapters
  1 10 6B.11, 35B, 336, 349, 350, 427B, and 468 in which the issuance
  1 11 of a check is authorized in lieu of a warrant.
  1 12    Sec. 2.  Section 331.402, subsection 2, Code 2001, is
  1 13 amended by adding the following new paragraph:
  1 14    NEW PARAGRAPH.  dd.  Authorize the auditor to issue checks
  1 15 in lieu of warrants.  The checks shall be charged directly
  1 16 against a bank account controlled by the county treasurer.
  1 17    Sec. 3.  Section 331.552, subsection 2, Code 2001, is
  1 18 amended to read as follows:
  1 19    2.  Disburse money owed or payable by the county on
  1 20 warrants or checks drawn and signed by the auditor and sealed
  1 21 with the official county seal.
  1 22    Sec. 4.  Section 331.554, subsections 6 and 7, Code 2001,
  1 23 are amended to read as  follows:
  1 24    6.  The amount of a check, other than a warrant,
  1 25 outstanding for more than two years one year shall be paid to
  1 26 the treasurer canceled, removed from the list of outstanding
  1 27 checks, deposited to the account on which the check was
  1 28 written, and credited as unclaimed fees and trusts.  The
  1 29 treasurer shall provide maintain a list of the checks to the
  1 30 auditor who shall maintain a record of the unclaimed fees and
  1 31 trusts for one year after cancellation.  A person may claim an
  1 32 unclaimed fee or trust within five years after the money is
  1 33 credited the amount of the canceled treasurer's check for a
  1 34 period of one year after cancellation upon proper proof of
  1 35 ownership.
  2  1    7.  A warrant outstanding for more than two years one year
  2  2 shall be canceled by the auditor and the amount of the warrant
  2  3 shall be credited to the fund upon which the warrant was
  2  4 drawn.  A person may file a claim with the auditor for the
  2  5 amount of the canceled warrant within five years one year of
  2  6 the date of the cancellation, and upon showing of proper proof
  2  7 that the claim is true and unpaid, the auditor shall issue a
  2  8 warrant drawn upon the fund from which the original canceled
  2  9 warrant was drawn.  This subsection does not apply to warrants
  2 10 issued upon drainage or levee district funds or any fund upon
  2 11 which the county treasurer has issued a warrant order or
  2 12 stamped a warrant for want of funds.
  2 13    Sec. 5.  Section 331.559, subsection 20, Code 2001, is
  2 14 amended to read as follows:
  2 15    20.  Carry out duties relating to the preparation and
  2 16 correction of the tax list as provided in chapter 443.  After
  2 17 ten years from the date of receipt, the county treasurer may
  2 18 dispose of the tax list delivered to the county treasurer
  2 19 pursuant to chapter 443.
  2 20    Sec. 6.  Section 331.602, subsection 1, paragraph d, Code
  2 21 2001, is amended to read as follows:
  2 22    d.  An A certificate of change of title or an instrument
  2 23 conveying an interest in real property, other than a mortgage,
  2 24 a mortgage release, or an assignment, shall contain the
  2 25 statement "Address tax statement:" which shall be filled out
  2 26 with a name and complete mailing address.  Each instrument
  2 27 conveying an interest in real property shall contain this
  2 28 statement unless otherwise authorized by the county recorder.
  2 29    Sec. 7.  Section 445.37, Code 2001, is amended by adding
  2 30 the following new paragraph:
  2 31    NEW UNNUMBERED PARAGRAPH.  To avoid interest on delinquent
  2 32 taxes, an electronic payment must be received in the
  2 33 treasurer's account on the first business day of the
  2 34 delinquency month.
  2 35    Sec. 8.  Section 447.11, Code 2001, is amended to read as
  3  1 follows:
  3  2    447.11  AGENT OF NONRESIDENT.
  3  3    A nonresident may in writing appoint a resident of the
  3  4 county in which the parcel is situated as agent, and file the
  3  5 appointment with the county treasurer of the county, who shall
  3  6 make note of the appointment in the county system, after which
  3  7 personal service of notice by certified and regular mail shall
  3  8 be made upon the agent.
  3  9    Sec. 9.  Section 447.13, Code 2001, is amended to read as
  3 10 follows:
  3 11    447.13  COST – FEE – REPORT.
  3 12    The cost of a record search and the cost of serving the
  3 13 notice, including the cost of mailing certified mail notices
  3 14 and the cost of publication under section 447.10, if
  3 15 publication is required, shall be added to the amount
  3 16 necessary to redeem.  The county treasurer shall file the
  3 17 proof of service and statement of costs and record these costs
  3 18 against the parcel.  The certificate holder or the holder's
  3 19 agent shall report in writing to the treasurer the amount of
  3 20 authorized costs incurred, and the treasurer shall file the
  3 21 statement.  Costs not filed with the treasurer before a
  3 22 redemption is complete shall not be collected by the treasurer
  3 23 and may be recovered through a court action against the parcel
  3 24 owner by the certificate holder.  If the parcel is held by a
  3 25 city or county, a city or county agency, or the Iowa finance
  3 26 authority, for use in an Iowa homesteading project, whether or
  3 27 not the parcel is the subject of a conditional conveyance
  3 28 granted under the project, the costs incurred for repairs and
  3 29 rehabilitation work required and undertaken in order to make
  3 30 the parcel meet applicable building or housing code standards
  3 31 shall be added to the amount necessary to redeem.
  3 32    For tax sale certificates of purchase held by a county, the
  3 33 cost of a record search and the cost of serving the notice,
  3 34 including the cost of mailing certified mail notices and the
  3 35 cost of publication under section 447.10, if publication is
  4  1 required, shall be added to the amount necessary to redeem.
  4  2    Sec. 10.  Section 633.480, Code 2001, is amended to read as
  4  3 follows:
  4  4    633.480  CERTIFICATE TO COUNTY RECORDER FOR TAX PURPOSES
  4  5 WITH ADMINISTRATION.
  4  6    After discharge as provided in section 633.479, the clerk
  4  7 shall certify under chapter 558 relative to each parcel of
  4  8 real estate described in the final report of the personal
  4  9 representative which has not been sold by the personal
  4 10 representative, and deliver the certificate to the county
  4 11 recorder of the county in which the real estate is situated.
  4 12 The certificate shall include the name and complete mailing
  4 13 address, as shown on the final report, of the individual or
  4 14 entity in whose name each parcel of real estate is to be
  4 15 taxed.  The county recorder shall deliver the certificate to
  4 16 the county auditor as provided in section 558.58.
  4 17    Sec. 11.  EFFECTIVE DATE.  Section 9 of this Act, being
  4 18 deemed of immediate importance, takes effect upon enactment.  
  4 19                           EXPLANATION
  4 20    This bill amends various powers and duties of various
  4 21 county officers relating to the payment of county obligations
  4 22 by check in lieu of warrants.  The county board of supervisors
  4 23 may authorize the county auditor to issue checks in lieu of
  4 24 warrants.  If the authority is granted, the term "check" shall
  4 25 be substituted for the term "warrant" in those instances where
  4 26 checks are used in lieu of warrants.  Outstanding checks and
  4 27 warrants shall be canceled one year after the date of issue,
  4 28 deposited to the account on which the check or warrant was
  4 29 written, and credited as unclaimed fees and trusts.  A person
  4 30 may claim the amount of the canceled warrant or check for one
  4 31 year after the date of cancellation.  Under current law, a
  4 32 check or warrant outstanding for two years is canceled and a
  4 33 person may claim the amount of the canceled check or warrant
  4 34 for five years after cancellation.
  4 35    The bill also authorizes the county treasurer to dispose of
  5  1 the tax list delivered under Code chapter 443 after 10 years
  5  2 from the date of receipt.
  5  3    The bill provides that a certificate of change of title of
  5  4 real estate also must include a name and complete mailing
  5  5 address to expedite the mailing of tax statements and that to
  5  6 avoid interest on delinquent taxes, an electronic payment must
  5  7 be received on the first business day of the delinquent month.
  5  8    Code section 447.11 is amended to correspond to section
  5  9 447.9 by providing that a service of notice on agents of
  5 10 nonresidents will be given by certified and regular mail
  5 11 rather than personal service.
  5 12    The cost of a record search and cost of serving the notice
  5 13 by mail by a tax sale certificate holder is no longer added to
  5 14 the amount necessary to redeem a tax sale certificate.  This
  5 15 change to Code section 447.13 takes effect upon enactment.  
  5 16 LSB 2282HC 79
  5 17 tj/pj/5
     

Text: HSB00154                          Text: HSB00156
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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