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Senate File 361

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 441.26, unnumbered paragraph 2, Code
  1  2 2001, is amended to read as follows:
  1  3    If you are not satisfied that the foregoing assessment is
  1  4 correct, you may file a protest against such assessment with
  1  5 the board of review on or after April 16, to and including the
  1  6 last day in May 5 that is not a Saturday, Sunday, or holiday,
  1  7 of the year of the assessment, such protest to be confined to
  1  8 the grounds specified in section 441.37.  
  1  9 Dated:  .. day of .... (month), .. (year)
  1 10                                        ....................
  1 11                                        County/City Assessor.
  1 12    Sec. 2.  Section 441.33, unnumbered paragraph 1, Code 2001,
  1 13 is amended to read as follows:
  1 14    The board of review shall be in session from May 1 through
  1 15 the period of time necessary to act on all protests filed
  1 16 under section 441.37 but not later than May 31 June 26 each
  1 17 year and for an additional period as required under section
  1 18 441.37 and shall hold as many meetings as are necessary to
  1 19 discharge its duties.  On or before May 31 June 26 in those
  1 20 years in which a session has not been extended as required
  1 21 under section 441.37, the board shall return all books,
  1 22 records and papers to the assessor except undisposed of
  1 23 protests and records pertaining to those protests.  If it has
  1 24 not completed its work by May 31 June 26, in those years in
  1 25 which the session has not been extended under section 441.37,
  1 26 the director of revenue and finance may authorize the board of
  1 27 review to continue in session for a period necessary to
  1 28 complete its work, but the director of revenue and finance
  1 29 shall not approve a continuance extending beyond July 15
  1 30 August 10.  On or before May 31 June 26 or on the final day of
  1 31 any extended session required under section 441.37 or
  1 32 authorized by the director of revenue and finance, the board
  1 33 of review shall adjourn until May 1 of the following year.  It
  1 34 shall adopt its own rules of procedure, elect its own
  1 35 chairperson from its membership, and keep minutes of its
  2  1 meetings.  The board shall appoint a clerk who may be a member
  2  2 of the board or any other qualified person, except the
  2  3 assessor or any member of the assessor's staff.  It may be
  2  4 reconvened by the director of revenue and finance.  All
  2  5 undisposed protests in its hands on July 15 August 10 shall be
  2  6 automatically overruled and returned to the assessor together
  2  7 with its other records.
  2  8    Sec. 3.  Section 441.37, subsection 1, unnumbered paragraph
  2  9 1, Code 2001, is amended to read as follows:
  2 10    Any property owner or aggrieved taxpayer who is
  2 11 dissatisfied with the owner's or taxpayer's assessment may
  2 12 file a protest against such assessment with the board of
  2 13 review on or after April 16, to and including the last day in
  2 14 May 5 that is not a Saturday, Sunday, or holiday, of the year
  2 15 of the assessment.  In any county which has been declared to
  2 16 be a disaster area by proper federal authorities after March 1
  2 17 and prior to May 20 June 15 of said year of assessment, the
  2 18 board of review shall be authorized to remain in session until
  2 19 June 15 July 11 and the time for filing a protest shall be
  2 20 extended to and include the period from May 25 June 20 to June
  2 21 5 July 1 of such year.  Said protest shall be in writing and
  2 22 signed by the one protesting or by the protester's duly
  2 23 authorized agent.  The taxpayer may have an oral hearing
  2 24 thereon if request therefor in writing is made at the time of
  2 25 filing the protest.  Said protest must be confined to one or
  2 26 more of the following grounds:
  2 27    Sec. 4.  Section 441.38, subsection 1, Code 2001, is
  2 28 amended to read as follows:
  2 29    1.  Appeals may be taken from the action of the board of
  2 30 review with reference to protests of assessment, to the
  2 31 district court of the county in which the board holds its
  2 32 sessions within twenty days after its adjournment or May 31
  2 33 June 26, whichever date is later.  No new grounds in addition
  2 34 to those set out in the protest to the board of review as
  2 35 provided in section 441.37 can be pleaded, but additional
  3  1 evidence to sustain those grounds may be introduced.  The
  3  2 assessor shall have the same right to appeal and in the same
  3  3 manner as an individual taxpayer, public body or other public
  3  4 officer as provided in section 441.42.  Appeals shall be taken
  3  5 by filing a written notice of appeal with the clerk of
  3  6 district court.  Filing of the written notice of appeal shall
  3  7 preserve all rights of appeal of the appellant.
  3  8    Sec. 5.  Section 441.45, unnumbered paragraph 2, Code 2001,
  3  9 is amended to read as follows:
  3 10    If a board of review continues in session beyond June 1 26,
  3 11 under sections 441.33 and 441.37, the abstract of the real
  3 12 property shall be made out and transmitted to the department
  3 13 of revenue and finance within fifteen days after the date of
  3 14 final adjournment by the board.
  3 15    Sec. 6.  APPLICABILITY.  This Act applies to assessment
  3 16 years beginning on or after January 1, 2002.  
  3 17                           EXPLANATION
  3 18    This bill extends the deadline for filing a protest of a
  3 19 property tax assessment from May 5 to the last day in May that
  3 20 is not a Saturday, Sunday, or holiday.  The bill moves back by
  3 21 26 days all corresponding deadlines and time periods involving
  3 22 protests of assessments.
  3 23    The bill applies to assessment years beginning on or after
  3 24 January 1, 2002.  
  3 25 LSB 2999XS 79
  3 26 sc/gg/8
     

Text: SF00360                           Text: SF00362
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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