House File 235

                                       HOUSE FILE       
                                       BY  COMMITTEE ON LOCAL
                                           GOVERNMENT

                                       (SUCCESSOR TO HSB 44)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the various duties of the county treasurer.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 1552HV 80
  4 av/sh/8

PAG LIN

  1  1    Section 1.  Section 12B.11, Code 2003, is amended to read
  1  2 as follows:
  1  3    12B.11  MANNER AND DETAILS OF SETTLEMENT.
  1  4    At the time of any examination of any such office, or at
  1  5 the time of any settlement with the treasurer in charge of any
  1  6 such public funds, the treasurer shall produce and count in
  1  7 the presence of the officer or officers making such
  1  8 examination or settlement, all moneys or funds then on deposit
  1  9 in the safe or vault in the treasurer's office, and shall
  1 10 produce a statement of all money or funds on deposit with any
  1 11 depository wherein the treasurer is authorized to deposit such
  1 12 funds, which statement shall be certified by one or more
  1 13 officers of such depository, and shall correctly show the
  1 14 balance remaining on deposit in such depository at the close
  1 15 of business on the day preceding the day of such settlement.
  1 16 The treasurer shall also file a statement setting forth the
  1 17 numbers, dates, and amounts of all outstanding checks, or
  1 18 other items of difference, reconciling the balance as shown by
  1 19 the treasurer's books with those of the depositories.  The
  1 20 state treasurer shall also file a statement showing the
  1 21 numbers, dates and amounts of all United States government
  1 22 bonds held as part of said public fund.
  1 23    Sec. 2.  Section 321.1, subsection 60, Code 2003, is
  1 24 amended to read as follows:
  1 25    60.  "Registration year" means the period of twelve
  1 26 consecutive months beginning on the first day of the month
  1 27 following the month of the birth of the owner of the vehicle
  1 28 for vehicles registered by the county treasurer and the
  1 29 calendar year for vehicles registered by the department or
  1 30 motor trucks and truck tractors with a combined gross weight
  1 31 exceeding five tons which are registered by the county
  1 32 treasurer.  For leased vehicles registered by the county
  1 33 treasurer, except for motor trucks and truck tractors with a
  1 34 combined gross weight exceeding five tons, "registration year"
  1 35 means the period of twelve consecutive months beginning on the
  2  1 first day of the month following the month in which the lease
  2  2 expires.
  2  3    Sec. 3.  Section 321.39, subsections 2 and 3, Code 2003,
  2  4 are amended to read as follows:
  2  5    2.  For vehicles registered by the county treasurer, at
  2  6 midnight on the last day of the registration year that the
  2  7 vehicle is eligible to be registered without penalty as
  2  8 provided in section 321.134, subsection 1.
  2  9    3.  For vehicles on which the first installment of an
  2 10 annual fee has been paid, at midnight on the last day of June
  2 11 or the first business day of July when June 30 falls on
  2 12 Saturday, Sunday, or a holiday; for vehicles on which the
  2 13 second installment of an annual fee has been paid, at midnight
  2 14 on the last day of December or the first business day of
  2 15 January when December 31 falls on Saturday, Sunday, or a
  2 16 holiday.
  2 17    Sec. 4.  Section 331.552, Code 2003, is amended by adding
  2 18 the following new subsection:
  2 19    NEW SUBSECTION.  34.  Destroy tax sale redemption
  2 20 certificates and all associated tax sale records after ten
  2 21 years have elapsed from the end of the fiscal year in which
  2 22 the certificate was redeemed.  If a tax sale certificate of
  2 23 purchase is cancelled as required by section 446.37 or 448.1,
  2 24 all associated tax sale records shall be destroyed after ten
  2 25 years have elapsed from the end of the fiscal year in which
  2 26 the tax sale certificate of purchase was cancelled.
  2 27    Sec. 5.  Section 384.62, Code 2003, is amended to read as
  2 28 follows:
  2 29    384.62  LIMIT.
  2 30    1.  A special assessment against a lot for a public
  2 31 improvement may shall not be in excess of the amount of the
  2 32 assessment, including the conditional deficiency assessment,
  2 33 as shown in the schedule confirmed by the court, or if court
  2 34 confirmation is not utilized, then on the original plat and
  2 35 schedule adopted by the council, and an assessment may shall
  3  1 not exceed twenty=five percent of the value of the lot as
  3  2 shown by the plat and schedule approved by the council or as
  3  3 reduced by the court.
  3  4    2.  Special assessments for the construction or repair of
  3  5 underground connections for private property for gas, water,
  3  6 sewers, or electricity may be assessed to each lot for the
  3  7 actual cost of each connection for that lot, and the twenty=
  3  8 five percent limitation does not apply.  Such connections
  3  9 shall not be installed to service railway right of way without
  3 10 written agreement with the railway company owning or leasing
  3 11 the right of way.
  3 12    3.  A special assessment for a public improvement against a
  3 13 tract of land used and assessed as agricultural property shall
  3 14 not become payable upon the filing of a request by the owner
  3 15 for deferment until that land is not used and assessed as
  3 16 agricultural property.  At the time of the change in the use
  3 17 of the property, the special assessment shall become payable
  3 18 in the same manner as the special assessment would have become
  3 19 payable had it not been deferred by this section.  This
  3 20 section shall not apply to a tract of land of less than one=
  3 21 quarter acre surrounding any dwelling or nonfarm structure on
  3 22 that tract nor shall it apply to a special assessment levied
  3 23 before July 3, 1978.  This section shall not apply if the
  3 24 public improvement is a sewer, water, gas or electrical line
  3 25 to which the owner of the land makes a connection.
  3 26    4.  Payment of installments of special assessments for a
  3 27 public improvement against property used and assessed as
  3 28 agricultural property shall be deferred as follows:
  3 29    1. a.  The property owner who seeks deferment of an
  3 30 assessment shall file a written request for deferment with the
  3 31 city clerk at the time of the hearing on the resolution of
  3 32 necessity for the public improvement or within ten days
  3 33 following the date of the hearing and the request shall
  3 34 identify those lots subject to proposed assessments for which
  3 35 the property owner is seeking deferment which are used and
  4  1 assessed as agricultural property.  The request may be
  4  2 withdrawn by the property owner at any time before or after
  4  3 the adoption of the resolution of necessity.
  4  4    2. b.  The city shall indicate those lots for which a
  4  5 deferment has been requested on the special assessment
  4  6 schedule.
  4  7    3. c.  After the assessments for the public improvement
  4  8 have been levied and the special assessment schedule has been
  4  9 filed with the county treasurer, the county treasurer shall
  4 10 indicate on the tax rolls those assessments subject to
  4 11 deferment under this section.
  4 12    4. d.  An owner of property subject to an assessment that
  4 13 may be deferred may file a statement at any time up to six
  4 14 months before the assessment installment is due stating that a
  4 15 written request for deferment of such assessments is filed
  4 16 with the city clerk and that the entire lot subject to such
  4 17 assessment has continued to be and is still used and assessed
  4 18 as agricultural property.  The collection of that installment
  4 19 and any other unpaid portion of the assessment shall be
  4 20 deferred until the next July 1 and subsequent installments may
  4 21 thereafter be deferred in the same manner for successive years
  4 22 in which a statement is filed A deferment shall continue for
  4 23 as long as the county assessor continues to classify the
  4 24 property as agricultural land on January 1 of each assessment
  4 25 year.  A deferment shall end six months following any January
  4 26 1 assessment date on which the county assessor no longer
  4 27 classifies the property as agricultural land and the special
  4 28 assessment shall become payable in the same manner as the
  4 29 special assessment would have become payable had it not been
  4 30 deferred by this subsection.
  4 31    Sec. 6.  Section 384.67, Code 2003, is amended to read as
  4 32 follows:
  4 33    384.67  PAYMENT TO COUNTY TREASURER.
  4 34    Assessments levied and certified under the provisions of
  4 35 this division, including installments and interest, are
  5  1 payable at the office of the county treasurer of the county
  5  2 where the property assessed is located, except that
  5  3 assessments may be paid in full or in part and without
  5  4 interest within thirty days after the date of certification,
  5  5 at the office of the county treasurer, if the property being
  5  6 assessed is located in an unincorporated area, or the city
  5  7 clerk, if the property being assessed is located in an
  5  8 incorporated area except when the city council specifically
  5  9 provides payment to be made in the office of the county
  5 10 treasurer.
  5 11    Sec. 7.  Section 445.5, subsection 1, unnumbered paragraph
  5 12 1, Code 2003, is amended to read as follows:
  5 13    As soon as practicable after receiving the tax list
  5 14 prescribed in chapter 443, the treasurer shall deliver to the
  5 15 titleholder, by regular mail or, if requested by the
  5 16 titleholder, by electronic transmission, a statement of taxes
  5 17 due and payable which shall include the following information:
  5 18    Sec. 8.  Section 468.165, Code 2003, is repealed.
  5 19                           EXPLANATION
  5 20    This bill relates to various duties of county treasurers.
  5 21 The bill amends Code section 12B.11 to provide that a
  5 22 statement of money or funds on deposit with a depository
  5 23 authorized by a county treasurer does not have to be certified
  5 24 by an officer of the depository.
  5 25    The bill amends Code section 321.1 to provide that a
  5 26 registration year for a leased vehicle registered by the
  5 27 county treasurer, except for motor trucks and truck tractors
  5 28 with a combined gross weight exceeding five tons, is the
  5 29 period of 12 consecutive months beginning on the first day of
  5 30 the month following the month in which the lease expires.
  5 31    The bill amends Code section 321.39, subsection 2, to
  5 32 provide that vehicle registrations, registration cards, and
  5 33 registration plates expire on vehicles registered by the
  5 34 county treasurer, at midnight on the last day that the vehicle
  5 35 is eligible to be registered without penalty as provided in
  6  1 Code section 321.134, subsection 1.  The bill also amends Code
  6  2 section 321.39, subsection 3, to provide that for vehicles on
  6  3 which the first or second installment of an annual fee has
  6  4 been paid, the registrations, registration cards, and
  6  5 registration plates expire on June 30 or the first business
  6  6 day of July when June 30 falls on Saturday, Sunday, or a
  6  7 holiday, or the first business day of January when December 31
  6  8 falls on Saturday, Sunday, or a holiday.
  6  9    The bill amends Code section 331.552 by adding a new
  6 10 subsection that directs county treasurers to destroy tax sale
  6 11 redemption certificates and all associated tax sale records
  6 12 after 10 years from the end of the fiscal year in which the
  6 13 tax sale certificates of purchase were redeemed.
  6 14    The bill amends Code section 384.62 by numbering the
  6 15 unnumbered paragraphs and by providing that the payment of
  6 16 installments of special assessments for a public improvement
  6 17 against property assessed as agricultural property can be
  6 18 deferred for as long as the assessor continues to classify the
  6 19 property as agricultural land on January 1 of each assessment
  6 20 year and for six months following any January 1 assessment
  6 21 date in which the property is no longer classified as
  6 22 agricultural land.
  6 23    The bill amends Code section 384.67 to remove a provision
  6 24 that allows a city council to provide that payments of
  6 25 assessments of property in an incorporated area can be made to
  6 26 the county treasurer instead of to the city clerk.
  6 27    The bill amends Code section 445.5 to provide that a county
  6 28 treasurer can deliver a statement of taxes due and payable to
  6 29 a property titleholder by either regular mail, or if requested
  6 30 by a titleholder, by electronic transmission.
  6 31    The bill repeals Code section 468.165 to remove a
  6 32 requirement that county treasurers report to the county board
  6 33 of supervisors or to the drainage or levee district trustees
  6 34 when any lands in a drainage or levee district, or subdistrict
  6 35 are subject to an unpaid assessment and levy for drainage
  7  1 purposes and are sold at tax sale for the amount of delinquent
  7  2 taxes.
  7  3 LSB 1552HV 80
  7  4 av/sh/8