House Study Bill 645
HOUSE FILE
BY (PROPOSED COMMITTEE ON
LOCAL GOVERNMENT BILL BY
CHAIRPERSON GASKILL)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring lessees of certain real estate to file the lease
2 with the county assessor and providing a civil penalty.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5802HC 82
5 md/sc/8
PAG LIN
1 1 Section 1. NEW SECTION. 428.4A BUILDINGS AND
1 2 IMPROVEMENTS == LEASES OF REAL ESTATE RECORDED.
1 3 1. A lease of real estate made for the purpose of erecting
1 4 a building or making improvements to the real estate by a
1 5 person other than the owner of the land, as provided in
1 6 section 428.4, shall be filed by the lessee with the
1 7 appropriate assessor not later than sixty days after the
1 8 execution of the lease.
1 9 2. a. A lease required to be filed under this section
1 10 shall disclose all of the following:
1 11 (1) The names and addresses of all parties to the lease.
1 12 (2) A description of the land subject to the lease and any
1 13 buildings or improvements located on the land.
1 14 (3) A description of all interests in the land subject to
1 15 the lease and all interests in any buildings or improvements
1 16 located on the land.
1 17 (4) The duration of the lease.
1 18 b. If a lease is required to be filed under this section,
1 19 the requirement is satisfied by filing either the entire lease
1 20 or a memorandum of the lease containing the information
1 21 required in paragraph "a".
1 22 3. Failure to timely file a lease under this section shall
1 23 not invalidate an otherwise valid lease.
1 24 4. Leases filed under this section shall be retained by
1 25 the assessor for the duration of the lease or until all taxes,
1 26 as defined in section 445.1, subsection 6, owed by the lessee
1 27 have been paid.
1 28 5. Failure of a lessee to file a lease as required under
1 29 this section is punishable by a civil penalty not to exceed
1 30 one hundred dollars per day for each day of violation. The
1 31 assessor shall forward to the city attorney or county
1 32 attorney, as applicable, of the assessing jurisdiction where
1 33 the real estate is located a copy of each lease recorded more
1 34 than sixty days from the date the lease was executed. The
1 35 city attorney or county attorney shall initiate action in the
2 1 district court to enforce provisions of this section. Civil
2 2 penalties collected pursuant to this subsection shall be
2 3 deposited in the general fund of the city or county, as
2 4 appropriate.
2 5 Sec. 2. Section 441.17, Code 2007, is amended by adding
2 6 the following new subsection:
2 7 NEW SUBSECTION. 12. Document and retain all leases
2 8 required to be filed under section 441.17, and make such lease
2 9 information available to all other county officials upon
2 10 request.
2 11 EXPLANATION
2 12 This bill requires a lease of real estate made for the
2 13 purpose of erecting a building or making improvements to the
2 14 real estate by a person other than the owner of the land to be
2 15 filed by the lessee with the county assessor not later than 60
2 16 days after the execution of the lease. The bill provides that
2 17 each lease filed shall disclose certain details of the lease
2 18 or the lessee may file a memorandum of the lease containing
2 19 that information.
2 20 The bill provides that leases filed with the assessor shall
2 21 be retained by the assessor for the duration of the lease or
2 22 until all taxes owed by the lessee have been paid.
2 23 The bill provides that the failure of a lessee to file a
2 24 lease as required under the bill is punishable by a civil
2 25 penalty not to exceed $100 per day for each day of violation.
2 26 The bill provides that civil penalties collected shall be
2 27 deposited in the appropriate city or county general fund.
2 28 LSB 5802HC 82
2 29 md/sc/8