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Senate File 134

Partial Bill History

Bill Text

PAG LIN
  1  1                                          SENATE FILE 134
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE VARIOUS DUTIES OF THE COUNTY TREASURER AND
  1  5    PROVIDING AN EFFECTIVE DATE.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 12B.11, Code 2003, is amended to read
  1 10 as follows:
  1 11    12B.11  MANNER AND DETAILS OF SETTLEMENT.
  1 12    At the time of any examination of any such office, or at
  1 13 the time of any settlement with the treasurer in charge of any
  1 14 such public funds, the treasurer shall produce and count in
  1 15 the presence of the officer or officers making such
  1 16 examination or settlement, all moneys or funds then on deposit
  1 17 in the safe or vault in the treasurer's office, and shall
  1 18 produce a statement of all money or funds on deposit with any
  1 19 depository wherein the treasurer is authorized to deposit such
  1 20 funds, which statement shall be certified by one or more
  1 21 officers of such depository, and shall correctly show the
  1 22 balance remaining on deposit in such depository at the close
  1 23 of business on the day preceding the day of such settlement.
  1 24 The treasurer shall also file a statement setting forth the
  1 25 numbers, dates, and amounts of all outstanding checks, or
  1 26 other items of difference, reconciling the balance as shown by
  1 27 the treasurer's books with those of the depositories.  The
  1 28 state treasurer shall also file a statement showing the
  1 29 numbers, dates and amounts of all United States government
  1 30 bonds held as part of said public fund.
  1 31    Sec. 2.  Section 321.1, subsection 60, Code 2003, is
  1 32 amended to read as follows:
  1 33    60.  "Registration year" means the period of twelve
  1 34 consecutive months beginning on the first day of the month
  1 35 following the month of the birth of the owner of the vehicle
  2  1 for vehicles registered by the county treasurer and the
  2  2 calendar year for vehicles registered by the department or
  2  3 motor trucks and truck tractors with a combined gross weight
  2  4 exceeding five tons which are registered by the county
  2  5 treasurer.  For leased vehicles registered by the county
  2  6 treasurer, except for motor trucks and truck tractors with a
  2  7 combined gross weight exceeding five tons, "registration year"
  2  8 means the period of twelve consecutive months beginning on the
  2  9 first day of the month following the month in which the lease
  2 10 expires.
  2 11    Sec. 3.  Section 321.39, subsections 2 and 3, Code 2003,
  2 12 are amended to read as follows:
  2 13    2.  For vehicles registered by the county treasurer, at
  2 14 midnight on the last day of the registration year.  A person
  2 15 shall not be considered to be driving a motor vehicle with an
  2 16 expired registration for a period of one month following the
  2 17 expiration date of the vehicle registration.  The one-month
  2 18 period shall be the same as the period defined in section
  2 19 321.134, subsection 1.
  2 20    3.  For vehicles on which the first installment of an
  2 21 annual fee has been paid, at midnight on the last day of June
  2 22 or the first business day of July when June 30 falls on
  2 23 Saturday, Sunday, or a holiday; for vehicles on which the
  2 24 second installment of an annual fee has been paid, at midnight
  2 25 on the last day of December or the first business day of
  2 26 January when December 31 falls on Saturday, Sunday, or a
  2 27 holiday.
  2 28    Sec. 4.  Section 331.552, Code 2003, is amended by adding
  2 29 the following new subsection:
  2 30    NEW SUBSECTION.  34.  Destroy tax sale redemption
  2 31 certificates and all associated tax sale records after ten
  2 32 years have elapsed from the end of the fiscal year in which
  2 33 the certificate was redeemed.  If a tax sale certificate of
  2 34 purchase is cancelled as required by section 446.37 or 448.1,
  2 35 all associated tax sale records shall be destroyed after ten
  3  1 years have elapsed from the end of the fiscal year in which
  3  2 the tax sale certificate of purchase was cancelled.
  3  3    Sec. 5.  Section 384.62, Code 2003, is amended to read as
  3  4 follows:
  3  5    384.62  LIMIT.
  3  6    1.  A special assessment against a lot for a public
  3  7 improvement may shall not be in excess of the amount of the
  3  8 assessment, including the conditional deficiency assessment,
  3  9 as shown in the schedule confirmed by the court, or if court
  3 10 confirmation is not utilized, then on the original plat and
  3 11 schedule adopted by the council, and an assessment may shall
  3 12 not exceed twenty-five percent of the value of the lot as
  3 13 shown by the plat and schedule approved by the council or as
  3 14 reduced by the court.
  3 15    2.  Special assessments for the construction or repair of
  3 16 underground connections for private property for gas, water,
  3 17 sewers, or electricity may be assessed to each lot for the
  3 18 actual cost of each connection for that lot, and the twenty-
  3 19 five percent limitation does not apply.  Such connections
  3 20 shall not be installed to service railway right of way without
  3 21 written agreement with the railway company owning or leasing
  3 22 the right of way.
  3 23    3.  A special assessment for a public improvement against a
  3 24 tract of land used and assessed as agricultural property shall
  3 25 not become payable upon the filing of a request by the owner
  3 26 for deferment until that land is not used and assessed as
  3 27 agricultural property.  At the time of the change in the use
  3 28 of the property, the special assessment shall become payable
  3 29 in the same manner as the special assessment would have become
  3 30 payable had it not been deferred by this section.  This
  3 31 section shall not apply to a tract of land of less than one-
  3 32 quarter acre surrounding any dwelling or nonfarm structure on
  3 33 that tract nor shall it apply to a special assessment levied
  3 34 before July 3, 1978.  This section shall not apply if the
  3 35 public improvement is a sewer, water, gas or electrical line
  4  1 to which the owner of the land makes a connection.
  4  2    4.  Payment of installments of special assessments for a
  4  3 public improvement against property used and assessed as
  4  4 agricultural property shall be deferred as follows:
  4  5    1. a.  The property owner who seeks deferment of an
  4  6 assessment shall file a written request for deferment with the
  4  7 city clerk at the time of the hearing on the resolution of
  4  8 necessity for the public improvement or within ten days
  4  9 following the date of the hearing and the request shall
  4 10 identify those lots subject to proposed assessments for which
  4 11 the property owner is seeking deferment which are used and
  4 12 assessed as agricultural property.  The request may be
  4 13 withdrawn by the property owner at any time before or after
  4 14 the adoption of the resolution of necessity.
  4 15    2. b.  The city shall indicate those lots for which a
  4 16 deferment has been requested on the special assessment
  4 17 schedule.
  4 18    3. c.  After the assessments for the public improvement
  4 19 have been levied and the special assessment schedule has been
  4 20 filed with the county treasurer, the county treasurer shall
  4 21 indicate on the tax rolls those assessments subject to
  4 22 deferment under this section.
  4 23    4. d.  An owner of property subject to an assessment that
  4 24 may be deferred may file a statement at any time up to six
  4 25 months before the assessment installment is due stating that a
  4 26 written request for deferment of such assessments is filed
  4 27 with the city clerk and that the entire lot subject to such
  4 28 assessment has continued to be and is still used and assessed
  4 29 as agricultural property.  The collection of that installment
  4 30 and any other unpaid portion of the assessment shall be
  4 31 deferred until the next July 1 and subsequent installments may
  4 32 thereafter be deferred in the same manner for successive years
  4 33 in which a statement is filed.  A deferment shall continue for
  4 34 as long as the county assessor continues to classify the
  4 35 property as agricultural land on January 1 of each assessment
  5  1 year.  A deferment shall end six months following any January
  5  2 1 assessment date on which the county assessor no longer
  5  3 classifies the property as agricultural land and the special
  5  4 assessment shall become payable in the same manner as the
  5  5 special assessment would have become payable had it not been
  5  6 deferred by this subsection.
  5  7    Sec. 6.  Section 384.67, Code 2003, is amended to read as
  5  8 follows:
  5  9    384.67  PAYMENT TO COUNTY TREASURER.
  5 10    Assessments levied and certified under the provisions of
  5 11 this division, including installments and interest, are
  5 12 payable at the office of the county treasurer of the county
  5 13 where the property assessed is located, except that
  5 14 assessments may be paid in full or in part and without
  5 15 interest within thirty days after the date of certification,
  5 16 at the office of the county treasurer, if the property being
  5 17 assessed is located in an unincorporated area, or the city
  5 18 clerk, if the property being assessed is located in an
  5 19 incorporated area except when the city council specifically
  5 20 provides payment to be made in the office of the county
  5 21 treasurer.
  5 22    Sec. 7.  NEW SECTION.  435.26A  SURRENDER OF TITLE.
  5 23    1.  A person who owns a manufactured home that is located
  5 24 in a manufactured home community and is installed on a
  5 25 permanent foundation may surrender the manufactured home's
  5 26 certificate of title to the county treasurer for the purpose
  5 27 of assuring eligibility for funds available from mortgage
  5 28 lending programs sponsored by the federal national mortgage
  5 29 association, the federal home loan mortgage corporation, the
  5 30 United States department of agriculture, or any other federal
  5 31 governmental agency or instrumentality that has similar
  5 32 requirements for mortgage lending programs.
  5 33    2.  Upon receipt of a certificate of title from a
  5 34 manufactured home owner, a county treasurer shall notify the
  5 35 department of transportation that the certificate of title has
  6  1 been surrendered, remove the registration of title from the
  6  2 county treasurer's records, and destroy the certificate of
  6  3 title.
  6  4    3.  After the surrender of a manufactured home's
  6  5 certificate of title under this section, the manufactured home
  6  6 shall continue to be taxed under section 435.22 and is not
  6  7 eligible for the homestead tax credit or the military service
  6  8 tax exemption.  A foreclosure action on a manufactured home
  6  9 whose title has been surrendered under this section shall be
  6 10 conducted as a real estate foreclosure.  A tax lien and its
  6 11 priority shall remain the same on a manufactured home after
  6 12 its certificate of title has been surrendered.
  6 13    4.  The certificate of title of a manufactured home shall
  6 14 not be surrendered under this section if an unreleased
  6 15 security interest is noted on the certificate of title.
  6 16    5.  An owner of a manufactured home who has surrendered a
  6 17 certificate of title under this section and requires another
  6 18 certificate of title for the manufactured home is required to
  6 19 apply for a bonded certificate of title under chapter 321.
  6 20    Sec. 8.  Section 445.5, subsection 1, unnumbered paragraph
  6 21 1, Code 2003, is amended to read as follows:
  6 22    As soon as practicable after receiving the tax list
  6 23 prescribed in chapter 443, the treasurer shall deliver to the
  6 24 titleholder, by regular mail, or if requested by the
  6 25 titleholder, by electronic transmission, a statement of taxes
  6 26 due and payable which shall include the following information:
  6 27    Sec. 9.  Section 468.165, Code 2003, is repealed.
  6 28    Sec. 10.  EFFECTIVE DATE.  Section 7 of this Act, being
  6 29 deemed of immediate importance, takes effect upon enactment.  
  6 30 
  6 31 
  6 32                                                             
  6 33                               MARY E. KRAMER
  6 34                               President of the Senate
  6 35 
  7  1 
  7  2                                                             
  7  3                               CHRISTOPHER C. RANTS
  7  4                               Speaker of the House
  7  5 
  7  6    I hereby certify that this bill originated in the Senate and
  7  7 is known as Senate File 134, Eightieth General Assembly.
  7  8 
  7  9 
  7 10                                                             
  7 11                               MICHAEL E. MARSHALL
  7 12                               Secretary of the Senate
  7 13 Approved                , 2003
  7 14 
  7 15 
  7 16                                
  7 17 THOMAS J. VILSACK
  7 18 Governor
     

Text: SF00133                           Text: SF00135
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Bills and Amendments: General Index     Bill History: General Index

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