Text: SF00452 Text: SF00454 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 453 1 2 1 3 AN ACT 1 4 RELATING TO THE ADMINISTRATIVE PROCEDURES OF CERTAIN COUNTY 1 5 OFFICERS BY AUTHORIZING THE ISSUANCE OF CHECKS, PROVIDING 1 6 FOR THE CANCELLATION OF WARRANTS AND CHECKS, THE DISPOSAL OF 1 7 TAX LISTS, AND THE RECEIPT OF ELECTRONIC PAYMENTS, SPECIFYING 1 8 TAX SALE COSTS AND THE MAILING ADDRESS FOR CHANGES OF TITLES 1 9 AND DEEDS, PROVIDING FOR OTHER PROPERLY RELATED MATTERS, AND 1 10 PROVIDING AN EFFECTIVE DATE. 1 11 1 12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 13 1 14 Section 1. Section 331.303, subsection 1, paragraph b, 1 15 Code 2001, is amended to read as follows: 1 16 b. A "warrant book" which records each warrant drawn in 1 17 the order of issuance by number, date, amount, and name of 1 18 drawee, and refers to the order in the minute book authorizing 1 19 its drawing. The board may authorize the auditor to issue 1 20 checks in lieu of warrants. If the issuance of checks is 1 21 authorized, the word "check" shall be substituted for the word 1 22 "warrant" in those sections of this chapter and chapters 1 23 6B.11, 35B, 336, 349, 350, 427B, and 468 in which the issuance 1 24 of a check is authorized in lieu of a warrant. 1 25 Sec. 2. Section 331.402, subsection 2, Code 2001, is 1 26 amended by adding the following new paragraph: 1 27 NEW PARAGRAPH. dd. Authorize the auditor to issue checks 1 28 in lieu of warrants. The checks shall be charged directly 1 29 against a bank account controlled by the county treasurer. 1 30 Sec. 3. Section 331.552, subsection 2, Code 2001, is 1 31 amended to read as follows: 1 32 2. Disburse money owed or payable by the county on 1 33 warrants or checks drawn and signed by the auditor and sealed 1 34 with the official county seal. 1 35 Sec. 4. Section 331.554, subsections 6 and 7, Code 2001, 2 1 are amended to read as follows: 2 2 6. The amount of a check, other than a warrant, 2 3 outstanding for more thantwo yearsone year shall bepaid to2 4the treasurercanceled, removed from the list of outstanding 2 5 checks, deposited to the account on which the check was 2 6 written, and credited as unclaimed fees and trusts. The 2 7 treasurer shallprovidemaintain a list of the checksto the2 8auditor who shall maintain a record of the unclaimed fees and2 9trustsfor one year after cancellation. A person may claiman2 10unclaimed fee or trust within five years after the money is2 11creditedthe amount of the canceled treasurer's check for a 2 12 period of one year after cancellation upon proper proof of 2 13 ownership by filing a claim with the county auditor. 2 14 7. A warrant outstanding for more thantwo yearsone year 2 15 shall be canceled by the auditor and the amount of the warrant 2 16 shall be credited to the fund upon which the warrant was 2 17 drawn. A person may file a claim with the auditor for the 2 18 amount of the canceled warrant withinfive yearsone year of 2 19 the date of the cancellation, and upon showing of proper proof 2 20 that the claim is true and unpaid, the auditor shall issue a 2 21 warrant drawn upon the fund from which the original canceled 2 22 warrant was drawn. This subsection does not apply to warrants 2 23 issued upon drainage or levee district funds or any fund upon 2 24 which the county treasurer has issued a warrant order or 2 25 stamped a warrant for want of funds. 2 26 Sec. 5. Section 331.559, subsection 20, Code 2001, is 2 27 amended to read as follows: 2 28 20. Carry out duties relating to the preparation and 2 29 correction of the tax list as provided in chapter 443. After 2 30 ten years from the date of receipt, the county treasurer shall 2 31 dispose of the tax list delivered to the county treasurer 2 32 pursuant to chapter 443. 2 33 Sec. 6. Section 331.602, subsection 1, paragraph d, Code 2 34 2001, is amended to read as follows: 2 35 d.AnA certificate of change of title or an instrument 3 1 conveying an interest in real property, other than a mortgage, 3 2 a mortgage release, or an assignment, shall contain the 3 3 statement "Address tax statement:" which shall be filled out 3 4 with a name and complete mailing address. Each instrument 3 5 conveying an interest in real property shall contain this 3 6 statement unless otherwise authorized by the county recorder. 3 7 Sec. 7. Section 445.37, Code 2001, is amended by adding 3 8 the following new unnumbered paragraph: 3 9 NEW UNNUMBERED PARAGRAPH. To avoid interest on delinquent 3 10 taxes, an electronic payment must be received in the 3 11 treasurer's account on the first business day of the 3 12 delinquency month. 3 13 Sec. 8. Section 447.11, Code 2001, is amended to read as 3 14 follows: 3 15 447.11 AGENT OF NONRESIDENT. 3 16 A nonresident may in writing appoint a resident of the 3 17 county in which the parcel is situated as agent, and file the 3 18 appointment with the county treasurer of the county, who shall 3 19 make note of the appointment in the county system, after which 3 20personalservice of notice by certified and regular mail shall 3 21 be made upon the agent. 3 22 Sec. 9. Section 447.13, Code 2001, is amended to read as 3 23 follows: 3 24 447.13 COST – FEE – REPORT. 3 25 Thecost of a record search and the cost of serving the3 26notice, including the cost of mailing certified mail notices3 27and thecost of publication under section 447.10, if 3 28 publication is required, shall be added to the amount 3 29 necessary to redeem. The county treasurer shall file the 3 30 proof of service and statement of costs and record these costs 3 31 against the parcel. The certificate holder or the holder's 3 32 agent shall report in writing to the treasurer the amount of 3 33 authorized costs incurred, and the treasurer shall file the 3 34 statement. Costs not filed with the treasurer before a 3 35 redemption is complete shall not be collected by the treasurer 4 1 and may be recovered through a court action against the parcel 4 2 owner by the certificate holder. If the parcel is held by a 4 3 city or county, a city or county agency, or the Iowa finance 4 4 authority, for use in an Iowa homesteading project, whether or 4 5 not the parcel is the subject of a conditional conveyance 4 6 granted under the project, the costs incurred for repairs and 4 7 rehabilitation work required and undertaken in order to make 4 8 the parcel meet applicable building or housing code standards 4 9 shall be added to the amount necessary to redeem. 4 10 For tax sale certificates of purchase held by a county, the 4 11 cost of a record search and the cost of serving the notice, 4 12 including the cost of mailing certified mail notices and the 4 13 cost of publication under section 447.10, if publication is 4 14 required, shall be added to the amount necessary to redeem. 4 15 Sec. 10. Section 633.480, Code 2001, is amended to read as 4 16 follows: 4 17 633.480 CERTIFICATE TO COUNTY RECORDER FOR TAX PURPOSES 4 18 WITH ADMINISTRATION. 4 19 After discharge as provided in section 633.479, the clerk 4 20 shall certify under chapter 558 relative to each parcel of 4 21 real estate described in the final report of the personal 4 22 representative which has not been sold by the personal 4 23 representative, and deliver the certificate to the county 4 24 recorder of the county in which the real estate is situated. 4 25 The certificate shall include the name and complete mailing 4 26 address, as shown on the final report, of the individual or 4 27 entity in whose name each parcel of real estate is to be 4 28 taxed. The county recorder shall deliver the certificate to 4 29 the county auditor as provided in section 558.58. 4 30 Sec. 11. EFFECTIVE DATE. Section 9 of this Act, being 4 31 deemed of immediate importance, takes effect upon enactment. 4 32 4 33 4 34 4 35 MARY E. KRAMER 5 1 President of the Senate 5 2 5 3 5 4 5 5 BRENT SIEGRIST 5 6 Speaker of the House 5 7 5 8 I hereby certify that this bill originated in the Senate and 5 9 is known as Senate File 453, Seventy-ninth General Assembly. 5 10 5 11 5 12 5 13 MICHAEL E. MARSHALL 5 14 Secretary of the Senate 5 15 Approved , 2001 5 16 5 17 5 18 5 19 THOMAS J. VILSACK 5 20 Governor
Text: SF00452 Text: SF00454 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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