House
File
478
-
Enrolled
House
File
478
AN
ACT
RELATING
TO
PROPERTY
TAX
ASSESSMENTS
BY
MODIFYING
REQUIREMENTS
FOR
THE
DETERMINATION
OF
VALUE,
MODIFYING
PROVISIONS
RELATED
TO
THE
PROPERTY
ASSESSMENT
APPEAL
BOARD
BY
STRIKING
THE
FUTURE
REPEAL
OF
PROVISIONS
RELATING
TO
THE
BOARD,
MODIFYING
PROCEDURES
AND
REQUIREMENTS
FOR
APPEALS
TO
THE
BOARD,
MODIFYING
REQUIREMENTS
FOR
ASSESSORS
AND
DEPUTY
ASSESSORS,
AND
INCLUDING
EFFECTIVE
DATE,
APPLICABILITY,
AND
RETROACTIVE
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
331.559,
subsection
20,
Code
2017,
is
amended
to
read
as
follows:
20.
Apportion
and
collect
the
costs
assessed
by
the
district
court
against
the
board
of
review
or
any
taxing
body
district
resulting
from
an
appeal
of
property
assessments
as
provided
in
section
441.40
.
Sec.
2.
Section
428.4,
subsection
1,
Code
2017,
is
amended
to
read
as
follows:
1.
Property
shall
be
assessed
for
taxation
each
year.
Real
estate
shall
be
listed
and
assessed
in
1981
and
every
two
years
thereafter.
The
assessment
of
real
estate
shall
be
the
value
of
the
real
estate
as
of
January
1
of
the
year
of
the
assessment.
The
year
1981
and
each
odd-numbered
year
thereafter
shall
be
a
reassessment
year.
In
any
year,
after
the
year
in
which
an
assessment
has
been
made
of
all
the
real
estate
in
an
assessing
jurisdiction,
the
assessor
shall
value
House
File
478,
p.
2
and
assess
or
revalue
and
reassess,
as
the
case
may
require,
any
real
estate
that
the
assessor
finds
was
incorrectly
valued
or
assessed,
or
was
not
listed,
valued,
and
assessed,
in
the
assessment
year
immediately
preceding,
also
any
real
estate
the
assessor
finds
has
changed
in
value
subsequent
to
January
1
of
the
preceding
real
estate
assessment
year.
However,
a
percentage
increase
on
a
class
of
property
shall
not
be
made
in
a
year
not
subject
to
an
equalization
order
unless
ordered
by
the
department
of
revenue.
The
assessor
shall
determine
the
actual
value
and
compute
the
taxable
value
thereof
as
of
January
1
of
the
year
of
the
revaluation
and
reassessment.
The
assessment
shall
be
completed
as
specified
in
section
441.28
,
but
no
reduction
or
increase
in
actual
value
shall
be
made
for
prior
years.
If
an
assessor
makes
a
change
in
the
valuation
of
the
real
estate
as
provided
for,
sections
441.23
,
441.37
,
441.37A
,
441.37B,
and
441.38
,
and
441.39
apply.
Sec.
3.
Section
441.5,
subsection
3,
Code
2017,
is
amended
to
read
as
follows:
3.
Only
individuals
who
possess
a
high
school
diploma
or
its
equivalent
and
who
have
completed
the
preliminary
education
requirements
established
under
subsection
3A
are
eligible
to
take
the
examination.
A
person
desiring
to
take
the
examination
shall
complete
an
application
prior
to
the
administration
of
the
examination.
Evidence
of
successful
completion
of
the
preliminary
education
requirements
under
subsection
3A
shall
be
included
with
the
application.
Sec.
4.
Section
441.5,
Code
2017,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
3A.
The
director
of
revenue
shall
prescribe
by
rule
preliminary
education
requirements,
including
a
preliminary
course
of
study,
that
each
individual
must
successfully
complete
in
order
to
be
eligible
to
take
the
examination.
The
course
of
study
prescribed
by
the
director
of
revenue
may
include
those
subjects
covered
by
the
examination
and
listed
under
subsection
2
and
any
other
subjects
or
courses
the
director
of
revenue
deems
relevant,
including
those
courses
offered
and
standards
established
by
the
international
association
of
assessing
officers.
Sec.
5.
Section
441.9,
Code
2017,
is
amended
to
read
as
House
File
478,
p.
3
follows:
441.9
Removal
of
assessor.
The
assessor
may
be
removed
by
a
majority
vote
of
the
conference
board,
after
charges
of
misconduct,
nonfeasance,
malfeasance,
or
misfeasance
in
office
shall
have
been
substantiated
at
a
public
hearing,
if
same
is
demanded
by
the
assessor
by
written
notice
served
upon
the
chairperson
of
the
conference
board.
For
purposes
of
this
section,
“misconduct”
includes
but
is
not
limited
to
knowingly
engaging
in
assessment
methods,
practices,
or
conduct
that
contravene
any
applicable
law,
administrative
rule,
or
order
of
any
court
or
other
government
authority.
Sec.
6.
Section
441.10,
Code
2017,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
1A.
The
director
of
revenue
shall
prescribe
by
rule
deputy
assessor
preliminary
education
requirements,
including
a
preliminary
course
of
study,
that
each
individual
must
successfully
complete
in
order
to
be
eligible
to
take
the
deputy
assessor
examination.
The
course
of
study
prescribed
by
the
director
of
revenue
may
include
those
subjects
covered
by
the
examination
and
any
other
subjects
or
courses
the
director
of
revenue
deems
relevant,
including
those
courses
offered
and
standards
established
by
the
international
association
of
assessing
officers.
Evidence
of
successful
completion
of
the
deputy
assessor
preliminary
education
requirements
shall
be
included
with
the
application
to
take
the
deputy
assessor
examination.
Sec.
7.
Section
441.19,
subsection
1,
paragraph
a,
Code
2017,
is
amended
to
read
as
follows:
a.
Supplemental
and
optional
to
the
procedure
for
the
assessment
of
property
by
the
assessor
as
provided
in
this
chapter
,
the
assessor
may
require
from
all
persons
required
to
list
their
property
for
taxation
as
provided
by
sections
428.1
and
428.2
,
a
supplemental
return
to
be
prescribed
by
the
director
of
revenue
upon
which
the
person
shall
list
the
person’s
property.
The
supplemental
return
shall
be
in
substantially
the
same
form
as
now
prescribed
by
law
for
the
assessment
rolls
used
in
the
listing
of
property
by
the
assessors.
However,
for
assessment
years
beginning
on
or
after
House
File
478,
p.
4
January
1,
2018,
and
unless
otherwise
required
for
property
valued
by
the
department
of
revenue
pursuant
to
chapters
428,
433,
437,
and
438,
a
supplemental
return
shall
not
request,
and
a
person
shall
not
be
otherwise
required
to
provide
to
the
assessor
for
property
assessment
purposes,
sales
or
receipts
data,
expense
data,
balance
sheets,
bank
account
information,
or
other
data
related
to
the
financial
condition
of
a
business
operating
in
whole
or
in
part
on
the
property
if
the
property
is
both
classified
as
commercial
or
industrial
property
and
owned
and
used
by
the
owner
of
the
business.
Every
person
required
to
list
property
for
taxation
shall
make
a
complete
listing
of
the
property
upon
supplemental
forms
and
return
the
listing
to
the
assessor
as
promptly
as
possible.
The
return
shall
be
verified
over
the
signature
of
the
person
making
the
return
and
section
441.25
applies
to
any
person
making
such
a
return.
The
assessor
shall
make
supplemental
return
forms
available
as
soon
as
practicable
after
the
first
day
of
January
of
each
year.
The
assessor
shall
make
supplemental
return
forms
available
to
the
taxpayer
by
mail,
or
at
a
designated
place
within
the
taxing
district.
Sec.
8.
Section
441.21,
subsection
2,
Code
2017,
is
amended
to
read
as
follows:
2.
In
the
event
market
value
of
the
property
being
assessed
cannot
be
readily
established
in
the
foregoing
manner,
then
the
assessor
may
determine
the
value
of
the
property
using
the
other
uniform
and
recognized
appraisal
methods
including
its
productive
and
earning
capacity,
if
any,
industrial
conditions,
its
cost,
physical
and
functional
depreciation
and
obsolescence
and
replacement
cost,
and
all
other
factors
which
would
assist
in
determining
the
fair
and
reasonable
market
value
of
the
property
but
the
actual
value
shall
not
be
determined
by
use
of
only
one
such
factor.
The
following
shall
not
be
taken
into
consideration:
Special
value
or
use
value
of
the
property
to
its
present
owner,
and
the
goodwill
or
value
of
a
business
which
uses
the
property
as
distinguished
from
the
value
of
the
property
as
property.
In
addition,
for
assessment
years
beginning
on
or
after
January
1,
2018,
and
unless
otherwise
required
for
property
valued
by
the
department
of
revenue
pursuant
to
chapters
428,
433,
437,
and
438,
the
assessor
House
File
478,
p.
5
shall
not
take
into
consideration
and
shall
not
request
from
any
person
sales
or
receipts
data,
expense
data,
balance
sheets,
bank
account
information,
or
other
data
related
to
the
financial
condition
of
a
business
operating
in
whole
or
in
part
on
the
property
if
the
property
is
both
classified
as
commercial
or
industrial
property
and
owned
and
used
by
the
owner
of
the
business.
However,
in
assessing
property
that
is
rented
or
leased
to
low-income
individuals
and
families
as
authorized
by
section
42
of
the
Internal
Revenue
Code,
as
amended,
and
which
section
limits
the
amount
that
the
individual
or
family
pays
for
the
rental
or
lease
of
units
in
the
property,
the
assessor
shall,
unless
the
owner
elects
to
withdraw
the
property
from
the
assessment
procedures
for
section
42
property,
use
the
productive
and
earning
capacity
from
the
actual
rents
received
as
a
method
of
appraisal
and
shall
take
into
account
the
extent
to
which
that
use
and
limitation
reduces
the
market
value
of
the
property.
The
assessor
shall
not
consider
any
tax
credit
equity
or
other
subsidized
financing
as
income
provided
to
the
property
in
determining
the
assessed
value.
The
property
owner
shall
notify
the
assessor
when
property
is
withdrawn
from
section
42
eligibility
under
the
Internal
Revenue
Code
or
if
the
owner
elects
to
withdraw
the
property
from
the
assessment
procedures
for
section
42
property
under
this
subsection
.
The
property
shall
not
be
subject
to
section
42
assessment
procedures
for
the
assessment
year
for
which
section
42
eligibility
is
withdrawn
or
an
election
is
made.
This
notification
must
be
provided
to
the
assessor
no
later
than
March
1
of
the
assessment
year
or
the
owner
will
be
subject
to
a
penalty
of
five
hundred
dollars
for
that
assessment
year.
The
penalty
shall
be
collected
at
the
same
time
and
in
the
same
manner
as
regular
property
taxes.
An
election
to
withdraw
from
the
assessment
procedures
for
section
42
property
is
irrevocable.
Property
that
is
withdrawn
from
the
assessment
procedures
for
section
42
property
shall
be
classified
and
assessed
as
multiresidential
property
unless
the
property
otherwise
fails
to
meet
the
requirements
of
section
441.21,
subsection
13
.
Upon
adoption
of
uniform
rules
by
the
department
of
revenue
or
succeeding
authority
covering
assessments
and
valuations
House
File
478,
p.
6
of
such
properties,
the
valuation
on
such
properties
shall
be
determined
in
accordance
with
such
rules
and
in
accordance
with
forms
and
guidelines
contained
in
the
real
property
appraisal
manual
prepared
by
the
department
as
updated
from
time
to
time
for
assessment
purposes
to
assure
uniformity,
but
such
rules,
forms,
and
guidelines
shall
not
be
inconsistent
with
or
change
the
foregoing
means
of
determining
the
actual,
market,
taxable
and
assessed
values.
Sec.
9.
Section
441.21,
subsection
3,
paragraph
b,
Code
2017,
is
amended
to
read
as
follows:
b.
(1)
The
For
assessment
years
beginning
before
January
1,
2018,
the
burden
of
proof
shall
be
upon
any
complainant
attacking
such
valuation
as
excessive,
inadequate,
inequitable,
or
capricious
;
however
.
However
,
in
protest
or
appeal
proceedings
when
the
complainant
offers
competent
evidence
by
at
least
two
disinterested
witnesses
that
the
market
value
of
the
property
is
less
than
the
market
value
determined
by
the
assessor,
the
burden
of
proof
thereafter
shall
be
upon
the
officials
or
persons
seeking
to
uphold
such
valuation
to
be
assessed.
(2)
For
assessment
years
beginning
on
or
after
January
1,
2018,
the
burden
of
proof
shall
be
upon
any
complainant
attacking
such
valuation
as
excessive,
inadequate,
inequitable,
or
capricious.
However,
in
protest
or
appeal
proceedings
when
the
complainant
offers
competent
evidence
that
the
market
value
of
the
property
is
different
than
the
market
value
determined
by
the
assessor,
the
burden
of
proof
thereafter
shall
be
upon
the
officials
or
persons
seeking
to
uphold
such
valuation
to
be
assessed.
(3)
If
the
classification
of
a
property
has
been
previously
adjudicated
by
the
property
assessment
appeal
board
or
a
court
as
part
of
an
appeal
under
this
chapter,
there
is
a
presumption
that
the
classification
of
the
property
has
not
changed
for
each
of
the
four
subsequent
assessment
years,
unless
a
subsequent
such
adjudication
of
the
classification
of
the
property
has
occurred,
and
the
burden
of
demonstrating
a
change
in
use
shall
be
upon
the
person
asserting
a
change
to
the
property’s
classification.
Sec.
10.
Section
441.30,
subsections
1
and
2,
Code
2017,
are
House
File
478,
p.
7
amended
to
read
as
follows:
1.
Any
property
owner
or
aggrieved
taxpayer
who
is
dissatisfied
with
the
owner’s
or
taxpayer’s
assessment
may
contact
the
assessor
by
telephone
or
in
writing
by
paper
or
electronic
medium
on
or
after
April
2,
to
and
including
April
25,
of
the
year
of
the
assessment
to
inquire
about
the
specifics
and
accuracy
of
the
assessment.
Such
an
inquiry
may
also
include
a
request
for
an
informal
review
of
the
assessment
by
the
assessor
under
one
or
more
of
the
grounds
for
protest
authorized
under
section
441.37
for
the
same
assessment
year
.
2.
In
response
to
an
inquiry
under
subsection
1
,
if
the
assessor,
following
an
informal
review,
determines
that
the
assessment
was
incorrect
under
one
or
more
of
the
grounds
for
protest
authorized
under
section
441.37
for
the
same
assessment
year
,
the
assessor
may,
on
or
before
April
25,
recommend
that
the
property
owner
or
aggrieved
taxpayer
file
a
protest
with
the
local
board
of
review
and
may
file
a
recommendation
with
the
local
board
of
review
related
to
the
informal
review,
or
may
enter
into
a
signed
written
agreement
with
the
property
owner
or
aggrieved
taxpayer
authorizing
the
assessor
to
correct
or
modify
the
assessment
according
to
the
agreement
of
the
parties.
Sec.
11.
Section
441.37,
subsection
1,
paragraph
a,
unnumbered
paragraph
1,
Code
2017,
is
amended
to
read
as
follows:
Any
property
owner
or
aggrieved
taxpayer
who
is
dissatisfied
with
the
owner’s
or
taxpayer’s
assessment
may
file
a
protest
against
such
assessment
with
the
board
of
review
on
or
after
April
2,
to
and
including
April
30,
of
the
year
of
the
assessment.
In
any
county
which
has
been
declared
to
be
a
disaster
area
by
proper
federal
authorities
after
March
1
and
prior
to
May
20
of
said
year
of
assessment,
the
board
of
review
shall
be
authorized
to
remain
in
session
until
June
15
and
the
time
for
filing
a
protest
shall
be
extended
to
and
include
the
period
from
May
25
to
June
5
of
such
year.
The
protest
shall
be
in
writing
on
forms
prescribed
by
the
director
of
revenue
and,
except
as
provided
in
subsection
3
,
signed
by
the
one
protesting
or
by
the
protester’s
duly
authorized
agent.
The
taxpayer
may
have
an
oral
hearing
on
the
protest
if
the
request
House
File
478,
p.
8
for
the
oral
hearing
is
made
in
writing
at
the
time
of
filing
the
protest.
The
protest
must
be
confined
to
one
or
more
of
the
following
grounds:
Sec.
12.
Section
441.37,
subsection
1,
paragraph
a,
subparagraph
(1),
Code
2017,
is
amended
to
read
as
follows:
(1)
For
odd-numbered
assessment
years
and
for
even-numbered
assessment
years
for
property
that
was
reassessed
in
such
even-numbered
assessment
year:
(a)
(1)
That
said
assessment
is
not
equitable
as
compared
with
assessments
of
other
like
property
in
the
taxing
district.
When
this
ground
is
relied
upon
as
the
basis
of
a
protest
the
legal
description
and
assessments
of
a
representative
number
of
comparable
properties,
as
described
by
the
aggrieved
taxpayer
shall
be
listed
on
the
protest,
otherwise
said
protest
shall
not
be
considered
on
this
ground.
(b)
(2)
That
the
property
is
assessed
for
more
than
the
value
authorized
by
law.
When
this
ground
is
relied
upon,
the
protesting
party
shall
state
the
specific
amount
which
the
protesting
party
believes
the
property
to
be
overassessed,
and
the
amount
which
the
party
considers
to
be
its
actual
value
and
fair
assessment.
(c)
(3)
That
the
property
is
not
assessable,
is
exempt
from
taxes,
or
is
misclassified
and
stating
the
reasons
for
the
protest
.
(d)
(4)
That
there
is
an
error
in
the
assessment
and
state
the
specific
alleged
error
.
When
this
ground
is
relied
upon,
the
error
may
include
but
is
not
limited
to
listing
errors,
clerical
or
mathematical
errors,
or
other
errors
that
result
in
an
error
in
the
assessment.
(e)
(5)
That
there
is
fraud
or
misconduct
in
the
assessment
which
shall
be
specifically
stated.
For
purposes
of
this
section,
“misconduct”
means
the
same
as
defined
in
section
441.9.
If
the
local
board
of
review,
property
assessment
appeal
board,
or
district
court
decides
in
favor
of
the
property
owner
or
aggrieved
taxpayer
and
finds
that
there
was
fraud
or
misconduct
in
the
assessment,
the
property
owner’s
or
aggrieved
taxpayer’s
reasonable
costs
incurred
in
bringing
the
protest
or
appeal
shall
be
paid
from
the
assessment
expense
fund
under
section
441.16.
For
purposes
of
this
section,
costs
House
File
478,
p.
9
include
but
are
not
limited
to
legal
fees,
appraisal
fees,
and
witness
fees.
Sec.
13.
Section
441.37,
subsection
1,
paragraph
a,
subparagraph
(2),
Code
2017,
is
amended
by
striking
the
subparagraph.
Sec.
14.
Section
441.37A,
subsection
1,
Code
2017,
is
amended
to
read
as
follows:
1.
a.
For
the
assessment
year
beginning
January
1,
2007,
and
all
subsequent
assessment
years
beginning
before
January
1,
2021,
appeals
Appeals
may
be
taken
from
the
action
of
the
board
of
review
with
reference
to
protests
of
assessment,
valuation,
or
application
of
an
equalization
order
to
the
property
assessment
appeal
board
created
in
section
421.1A
.
However,
a
property
owner
or
aggrieved
taxpayer
or
an
appellant
described
in
section
441.42
may
bypass
the
property
assessment
appeal
board
and
appeal
the
decision
of
the
local
board
of
review
to
the
district
court
pursuant
to
section
441.38
.
b.
For
an
appeal
to
the
property
assessment
appeal
board
to
be
valid,
written
notice
must
be
filed
by
the
party
appealing
the
decision
with
the
secretary
of
the
property
assessment
appeal
board
a
party
must
file
an
appeal
with
the
board
within
twenty
days
after
the
date
of
adjournment
of
the
local
board
of
review
or
May
31,
whichever
is
later.
The
written
notice
of
appeal
shall
include
a
petition
setting
forth
the
basis
of
the
appeal
and
the
relief
sought.
No
new
New
grounds
in
addition
to
those
set
out
in
the
protest
to
the
local
board
of
review
,
as
provided
in
section
441.37
can
,
may
be
pleaded,
but
and
additional
evidence
to
sustain
those
grounds
set
out
in
the
protest
to
the
local
board
of
review
may
be
introduced.
The
assessor
shall
have
the
same
right
to
appeal
to
the
assessment
appeal
board
as
an
individual
taxpayer,
public
body,
or
other
public
officer
as
provided
in
section
441.42
.
An
appeal
to
the
board
is
a
contested
case
under
chapter
17A
.
c.
Filing
of
the
written
notice
of
appeal
and
petition
with
the
secretary
of
the
property
assessment
appeal
board
shall
preserve
all
rights
of
appeal
of
the
appellant,
except
as
otherwise
provided
in
subsection
2
.
A
copy
of
the
appellant’s
written
notice
of
appeal
and
petition
shall
be
mailed
by
the
secretary
of
the
property
assessment
appeal
board
to
the
local
House
File
478,
p.
10
board
of
review
whose
decision
is
being
appealed.
d.
In
all
cases
where
a
change
in
assessed
valuation
of
one
hundred
thousand
dollars
or
more
is
petitioned
for,
the
local
board
of
review
shall
mail
a
copy
of
the
written
notice
of
appeal
and
petition
to
all
affected
taxing
districts
as
shown
on
the
last
available
tax
list.
A
copy
of
the
appellant’s
appeal
shall
be
sent
by
the
property
assessment
appeal
board
to
the
local
board
of
review
whose
decision
is
being
appealed.
e.
The
property
assessment
appeal
board
may,
by
rule,
provide
for
the
filing
of
a
notice
of
appeal
and
petition
with
the
secretary
of
the
board
an
appeal
by
electronic
means.
All
requirements
of
this
section
for
an
appeal
to
the
board
shall
apply
to
an
appeal
filed
electronically.
Sec.
15.
Section
441.37A,
subsection
2,
paragraph
b,
Code
2017,
is
amended
to
read
as
follows:
b.
Each
appeal
may
be
considered
by
one
or
more
members
of
the
board,
and
the
chairperson
of
the
board
may
assign
members
to
consider
appeals.
If
a
hearing
is
requested,
it
shall
be
open
to
the
public
and
shall
be
conducted
in
accordance
with
the
rules
of
practice
and
procedure
adopted
by
the
board.
The
board
may
provide
by
rule
for
participation
in
such
hearings
by
telephone
or
other
means
of
electronic
communication.
However,
any
deliberation
of
the
board
or
of
board
members
considering
the
appeal
in
reaching
a
decision
on
any
appeal
shall
be
confidential.
Any
deliberation
of
the
board
or
of
board
members
to
rule
on
procedural
motions
in
a
pending
appeal
or
to
deliberate
on
the
decision
to
be
reached
in
an
appeal
is
exempt
from
the
provisions
of
chapter
21
.
The
property
assessment
appeal
board
or
any
member
of
the
board
considering
the
appeal
may
require
the
production
of
any
books,
records,
papers,
or
documents
as
evidence
in
any
matter
pending
before
the
board
that
may
be
material,
relevant,
or
necessary
for
the
making
of
a
just
decision.
Any
books,
records,
papers,
or
documents
produced
as
evidence
shall
become
part
of
the
record
of
the
appeal.
Any
testimony
given
relating
to
the
appeal
shall
be
transcribed
electronically
recorded
and
made
a
part
of
the
record
of
the
appeal.
Sec.
16.
Section
441.37A,
subsection
3,
Code
2017,
is
amended
to
read
as
follows:
House
File
478,
p.
11
3.
a.
The
burden
of
proof
for
all
appeals
before
the
board
shall
be
as
stated
in
section
441.21,
subsection
3
.
The
board
members
considering
the
appeal
shall
determine
anew
all
questions
arising
before
the
local
board
of
review
which
that
relate
to
the
liability
of
the
property
to
assessment
or
the
amount
thereof
of
the
assessment
.
All
of
the
evidence
shall
be
considered
and
there
shall
be
no
presumption
as
to
the
correctness
of
the
valuation
of
assessment
appealed
from.
The
property
assessment
appeal
board
shall
issue
a
decision
in
each
appeal
filed
with
the
board.
If
the
appeal
is
considered
by
less
than
the
full
membership
of
the
board,
the
determination
made
by
such
members
shall
be
forwarded
to
the
full
board
for
approval,
rejection,
or
modification.
If
the
initial
determination
is
rejected
by
the
board,
it
shall
be
returned
for
reconsideration
to
the
board
members
making
the
initial
determination.
Any
deliberation
of
the
board
regarding
an
initial
determination
shall
be
confidential.
b.
The
decision
of
the
board
shall
be
considered
the
final
agency
action
for
purposes
of
further
appeal,
and
is
subject
to
judicial
review
as
provided
in
section
441.37B,
except
as
otherwise
provided
in
section
441.49
.
The
decision
shall
be
final
unless
appealed
to
district
court
as
provided
in
section
441.38
.
A
decision
of
the
board
modifying
an
assessment
shall
be
sent
to
the
county
auditor
and
the
assessor,
who
shall
correct
the
assessment
books
accordingly.
An
appeal
of
the
board’s
decision
under
section
441.37B
shall
not
itself
stay
execution
or
enforcement
of
the
board’s
decision.
c.
The
levy
of
taxes
on
any
assessment
appealed
to
the
board
shall
not
be
delayed
by
any
proceeding
before
the
board,
and
if
the
assessment
appealed
from
is
reduced
by
the
decision
of
the
board,
any
taxes
levied
upon
that
portion
of
the
assessment
reduced
shall
be
abated
or,
if
already
paid,
shall
,
by
order
of
the
board,
be
refunded
or
credited
against
future
property
taxes
levied
against
the
property
at
the
option
of
the
property
owner
or
aggrieved
taxpayer
.
d.
If
the
subject
of
an
appeal
is
the
application
of
an
equalization
order,
the
property
assessment
appeal
board
shall
not
order
a
reduction
in
assessment
greater
than
the
amount
that
the
assessment
was
increased
due
to
application
of
the
House
File
478,
p.
12
equalization
order.
e.
Each
party
to
the
appeal
shall
be
responsible
for
the
costs
of
the
appeal
incurred
by
that
party.
Sec.
17.
NEW
SECTION
.
441.37B
Appeal
to
district
court
from
property
assessment
appeal
board.
1.
A
party
who
is
aggrieved
or
adversely
affected
by
a
final
action
of
the
property
assessment
appeal
board
may
seek
judicial
review
of
the
action
as
provided
in
chapter
17A.
Notwithstanding
section
17A.19,
subsection
2,
a
petition
for
judicial
review
of
the
action
of
the
property
assessment
appeal
board
shall
be
filed
in
the
district
court
of
the
county
where
the
property
that
is
subject
to
the
appeal
is
located.
2.
Notwithstanding
any
provision
of
chapter
17A
to
the
contrary,
for
appeals
taken
from
the
property
assessment
appeal
board
to
district
court,
new
grounds
in
addition
to
those
set
out
in
the
appeal
to
the
property
assessment
appeal
board
shall
not
be
pleaded.
3.
Notwithstanding
any
provision
of
chapter
17A
to
the
contrary,
additional
evidence
to
sustain
those
grounds
set
out
in
the
appeal
to
the
property
assessment
appeal
board
may
not
be
introduced
in
an
appeal
to
the
district
court.
4.
A
decision
of
the
district
court
modifying
an
assessment
shall
be
sent
to
the
county
auditor
and
the
assessor,
who
shall
correct
the
assessment
books
accordingly.
Sec.
18.
Section
441.38,
Code
2017,
is
amended
to
read
as
follows:
441.38
Appeal
to
district
court
from
local
board
of
review
.
1.
Appeals
may
be
taken
from
the
action
of
the
local
board
of
review
with
reference
to
protests
of
assessment,
to
the
district
court
of
the
county
in
which
the
board
holds
its
sessions
within
twenty
days
after
its
the
board’s
adjournment
or
May
31,
whichever
date
is
later.
Appeals
may
be
taken
from
the
action
of
the
property
assessment
appeal
board
to
the
district
court
of
the
county
where
the
property
which
is
the
subject
of
the
appeal
is
located
within
twenty
days
after
the
letter
of
disposition
of
the
appeal
by
the
property
assessment
appeal
board
is
postmarked
to
the
appellant.
No
new
grounds
in
addition
to
those
set
out
in
the
protest
to
the
local
board
of
review
as
provided
in
section
441.37
,
or
in
addition
to
House
File
478,
p.
13
those
set
out
in
the
appeal
to
the
property
assessment
appeal
board,
if
applicable,
can
be
pleaded.
For
appeals
taken
from
the
local
board
of
review
directly
to
district
court,
new
grounds
in
addition
to
those
set
out
in
the
protest
to
the
local
board
of
review,
as
provided
in
section
441.37,
may
be
pleaded.
Additional
For
appeals
taken
from
the
local
board
of
review
directly
to
district
court,
additional
evidence
to
sustain
those
grounds
set
out
in
the
protest
to
the
local
board
of
review
may
be
introduced
in
an
appeal
from
the
local
board
of
review
to
the
district
court
.
However,
no
new
evidence
to
sustain
those
grounds
may
be
introduced
in
an
appeal
from
the
property
assessment
appeal
board
to
the
district
court.
The
assessor
shall
have
the
same
right
to
appeal
and
in
the
same
manner
as
an
individual
taxpayer,
public
body,
or
other
public
officer
as
provided
in
section
441.42
.
Appeals
shall
be
taken
by
filing
a
written
notice
of
appeal
with
the
clerk
of
district
court.
Filing
of
the
written
notice
of
appeal
shall
preserve
all
rights
of
appeal
of
the
appellant.
2.
If
the
appeal
to
district
court
is
taken
from
the
action
of
the
local
board
of
review,
notice
Notice
of
appeal
shall
be
served
as
an
original
notice
on
the
chairperson,
presiding
officer,
or
clerk
of
the
board
of
review
after
the
filing
of
notice
under
subsection
1
with
the
clerk
of
district
court.
If
the
appeal
to
district
court
is
taken
from
the
action
of
the
property
assessment
appeal
board,
notice
of
appeal
shall
be
served
as
an
original
notice
on
the
secretary
of
the
property
assessment
appeal
board
after
the
filing
of
notice
under
subsection
1
with
the
clerk
of
district
court.
3.
The
court
shall
hear
the
appeal
in
equity
and
determine
anew
all
questions
arising
before
the
board
of
review
that
relate
to
the
liability
of
the
property
to
assessment
or
the
amount
of
the
assessment.
The
court
shall
consider
all
of
the
evidence
and
there
shall
be
no
presumption
as
to
the
correctness
of
the
valuation
or
assessment
appealed
from.
The
court’s
decision
shall
be
certified
by
the
clerk
of
the
court
to
the
county
auditor
and
the
assessor,
who
shall
correct
the
assessment
books
accordingly.
Sec.
19.
Section
441.39,
Code
2017,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
House
File
478,
p.
14
441.39
Notice
of
assessment
protests
and
appeals
to
taxing
districts.
1.
If
a
property
owner
or
aggrieved
taxpayer
appeals
a
decision
of
the
board
of
review
to
the
property
assessment
appeal
board
or
to
district
court
and
requests
an
adjustment
in
valuation
of
one
hundred
thousand
dollars
or
more,
the
assessor
shall
notify
all
affected
taxing
districts
as
shown
on
the
last
available
tax
list.
2.
In
addition
to
any
other
requirement
for
providing
of
notice,
if
a
property
owner
or
aggrieved
taxpayer
files
a
protest
against
the
assessment
of
property
valued
by
the
assessor
at
five
million
dollars
or
more
or
files
an
appeal
to
the
property
assessment
appeal
board
or
the
district
court
with
regard
to
such
property,
the
assessor
shall
provide
notice
to
the
school
district
in
which
such
property
is
located
within
ten
days
of
the
filing
of
the
protest
or
the
appeal,
as
applicable.
Sec.
20.
Section
441.40,
Code
2017,
is
amended
to
read
as
follows:
441.40
Costs,
fees,
and
expenses
apportioned.
The
clerk
of
the
court
shall
likewise
certify
to
the
county
treasurer
the
costs
assessed
by
the
court
on
any
appeal
from
a
board
of
review
to
the
district
court,
in
all
cases
where
said
the
costs
are
taxed
against
the
board
of
review
or
any
taxing
body
district
.
Thereupon
the
county
treasurer
shall
compute
and
apportion
the
said
costs
between
the
various
taxing
bodies
districts
participating
in
the
proceeds
of
the
collection
of
the
taxes
involved
in
any
such
appeal,
and
said
the
treasurer
shall
so
compute
and
apportion
the
various
amounts
which
said
the
taxing
bodies
districts
are
required
to
pay
in
proportion
to
the
amount
of
taxes
each
of
said
the
taxing
bodies
districts
is
entitled
to
receive
from
the
whole
amount
of
taxes
involved
in
each
of
such
appeals.
The
said
county
treasurer
shall
deduct
from
the
proceeds
of
all
general
taxes
collected
the
amount
of
costs
so
computed
and
apportioned
by
the
treasurer
from
the
moneys
due
to
each
taxing
body
district
from
general
taxes
collected.
The
amount
so
deducted
shall
be
certified
to
each
taxing
body
district
in
lieu
of
moneys
collected.
Said
The
county
treasurer
shall
pay
to
the
clerk
of
the
district
House
File
478,
p.
15
court
the
amount
of
said
the
costs
so
computed,
apportioned
,
and
collected
by
the
treasurer
in
all
cases
now
on
file
or
hereafter
filed
in
which
said
the
costs
have
not
been
paid.
Sec.
21.
Section
441.41,
Code
2017,
is
amended
to
read
as
follows:
441.41
Legal
counsel.
In
the
case
of
cities
having
an
assessor,
the
city
legal
department
shall
represent
the
assessor
and
board
of
review
in
all
litigation
dealing
with
assessments.
In
the
case
of
counties,
the
county
attorney
shall
represent
the
assessor
and
board
of
review
in
all
litigation
dealing
with
assessments.
Any
taxing
body
district
interested
in
the
taxes
received
from
such
assessments
may
be
represented
by
an
attorney
and
shall
be
required
to
appear
by
attorney
upon
written
request
of
the
assessor
to
the
presiding
officer
of
any
such
taxing
body
district
.
The
conference
board
may
employ
special
counsel
to
assist
the
city
legal
department
or
county
attorney
as
the
case
may
be.
Sec.
22.
Section
441.44,
Code
2017,
is
amended
to
read
as
follows:
441.44
Notice
of
voluntary
settlement.
1.
The
property
assessment
appeal
board
may
adopt
rules
establishing
requirements
for
notices
of
voluntary
settlements
in
appeals
before
the
board
to
be
served
upon
affected
taxing
districts.
2.
No
A
voluntary
court
settlement
of
an
assessment
appeal
shall
not
be
valid
unless
written
notice
thereof
of
the
settlement
shall
first
be
served
upon
each
of
the
affected
taxing
bodies
interested
in
the
taxes
derived
from
such
assessment
districts
.
Sec.
23.
Section
443.11,
Code
2017,
is
amended
to
read
as
follows:
443.11
Procedure
on
appeal.
The
appeal
provided
for
in
section
443.8
shall
be
taken
within
ten
days
from
the
time
of
the
final
action
of
the
assessor
or
auditor,
by
a
written
notice
to
that
effect
to
the
assessor
or
auditor,
and
served
as
an
original
notice.
The
court
on
appeal
shall
hear
and
determine
the
rights
of
the
parties
in
the
same
manner
as
appeals
from
the
board
of
review,
House
File
478,
p.
16
as
prescribed
in
sections
441.39
441.38
and
441.43
.
Sec.
24.
Section
602.8102,
subsection
61,
Code
2017,
is
amended
to
read
as
follows:
61.
Certify
the
final
decision
of
the
district
court
in
an
appeal
of
the
tax
assessments
as
provided
in
section
441.39
441.37B
or
441.38
.
Costs
of
the
appeal
to
be
assessed
against
the
board
of
review
or
a
taxing
body
district
shall
be
certified
to
the
treasurer
as
provided
in
section
441.40
.
Sec.
25.
REPEAL.
2005
Iowa
Acts,
chapter
150,
section
134,
as
amended
by
2013
Iowa
Acts,
chapter
123,
section
62,
and
2015
Iowa
Acts,
chapter
109,
section
1,
is
repealed.
Sec.
26.
REPEAL.
Sections
441.38A
and
441.38B,
Code
2017,
are
repealed.
Sec.
27.
ASSESSOR
CONTINUING
EDUCATION
STUDY
——
REPORT.
1.
The
department
of
revenue
shall
study
the
current
system
of
continuing
education
for
assessors
and
deputy
assessors
under
chapter
441
and
make
recommendations
for
changes.
2.
The
department
of
revenue
shall
prepare
and
file
a
report
detailing
recommendations
for
changes
to
the
current
system
of
assessor
and
deputy
assessor
continuing
education
requirements.
The
report
shall
be
filed
by
the
department
of
revenue
with
the
chairpersons
and
ranking
members
of
the
ways
and
means
committees
of
the
senate
and
the
house
of
representatives
and
with
the
legislative
services
agency
by
December
15,
2017.
Sec.
28.
EFFECTIVE
UPON
ENACTMENT.
The
following
provisions
of
this
Act,
being
deemed
of
immediate
importance,
take
effect
upon
enactment:
1.
The
section
of
this
Act
amending
section
441.9.
2.
The
section
of
this
Act
amending
section
441.21,
subsection
3,
paragraph
“b”.
Sec.
29.
APPLICABILITY.
Except
as
otherwise
provided
in
this
Act,
this
Act
applies
to
assessment
years
beginning
on
or
after
January
1,
2018.
Sec.
30.
APPLICABILITY.
The
following
provisions
of
this
Act
apply
beginning
January
1,
2018,
for
the
appointment
of
assessors
and
deputy
assessors
that
are
not
reappointments
occurring
on
or
after
that
date:
1.
The
section
of
this
Act
amending
section
441.5,
subsection
3.
House
File
478,
p.
17
2.
The
section
of
this
Act
enacting
section
441.5,
subsection
3A.
3.
The
section
of
this
Act
enacting
section
441.10,
subsection
1A.
Sec.
31.
RETROACTIVE
APPLICABILITY.
The
following
provision
of
this
Act
applies
retroactively
to
January
1,
2017,
for
assessment
years
beginning
on
or
after
that
date:
1.
The
portion
of
the
section
of
this
Act
enacting
section
441.21,
subsection
3,
paragraph
“b”,
subparagraph
(3).
______________________________
LINDA
UPMEYER
Speaker
of
the
House
______________________________
JACK
WHITVER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
478,
Eighty-seventh
General
Assembly.
______________________________
CARMINE
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2017
______________________________
TERRY
E.
BRANSTAD
Governor