House File 613 - Introduced



                                       HOUSE FILE       
                                       BY  TYMESON


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

                                      A BILL FOR

  1 An Act relating to property valuation for property tax purposes
  2    by modifying the definition of market value, requiring
  3    personal notice of certain equalization orders, and modifying
  4    the timeline of the property assessment protest process and
  5    including an applicability date.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 1522HH 83
  8 md/sc/8

PAG LIN



  1  1    Section 1.  Section 441.17, subsection 7, Code 2009, is
  1  2 amended to read as follows:
  1  3    7.  Submit on or before May June 1 of each year completed
  1  4 assessment rolls to the board of review.
  1  5    Sec. 2.  Section 441.17, Code 2009, is amended by adding
  1  6 the following new subsection:
  1  7    NEW SUBSECTION.  12.  Cooperate with and assist the auditor
  1  8 in the preparation of property owner or taxpayer notices
  1  9 pursuant to section 441.49.
  1 10    Sec. 3.  Section 441.21, subsection 1, paragraph b,
  1 11 unnumbered paragraph 1, Code 2009, is amended to read as
  1 12 follows:
  1 13    The actual value of all property subject to assessment and
  1 14 taxation shall be the fair and reasonable market value of such
  1 15 property except as otherwise provided in this section.
  1 16 "Market value" is defined as the fair and reasonable exchange
  1 17 in the year in which the property is listed and valued between
  1 18 a willing buyer and a willing seller, neither being under any
  1 19 compulsion to buy or sell and each being familiar with all the
  1 20 facts relating to the particular property.  Sale prices of the
  1 21 property or comparable property in normal transactions
  1 22 reflecting market value, and the probable availability or
  1 23 unavailability of persons interested in purchasing the
  1 24 property, shall be taken into consideration in arriving at its
  1 25 market value.  In arriving at market value, sale prices of
  1 26 property in abnormal transactions not reflecting market value
  1 27 shall not be taken into account, or shall be adjusted to
  1 28 eliminate the effect of factors which distort market value,
  1 29 including but not limited to sales to immediate family of the
  1 30 seller, foreclosure or other forced sales, contract sales,
  1 31 discounted purchase transactions or purchase of adjoining land
  1 32 or other land to be operated as a unit.  In arriving at market
  1 33 value, the advertised price of property that is for sale at
  1 34 the time the assessment is made, or was previously for sale
  1 35 but remains unsold at the time the assessment is made, shall
  2  1 not be taken into account.
  2  2    Sec. 4.  Section 441.26, unnumbered paragraphs 2 and 3,
  2  3 Code 2009, are amended to read as follows:
  2  4    If you are not satisfied that the foregoing assessment is
  2  5 correct, you may file a protest against such assessment with
  2  6 the board of review on or after April 16, to and including May
  2  7 June 5, of the year of the assessment, such protest to be
  2  8 confined to the grounds specified in section 441.37.
  2  9 Dated:  .... day of ...... (month), .... (year)
  2 10                           .....................
  2 11                           County/City Assessor.
  2 12    The notice in 1981 and each odd=numbered year thereafter
  2 13 shall contain a statement that the assessments are subject to
  2 14 equalization pursuant to an order issued by the director of
  2 15 revenue, that the county auditor shall give notice on or
  2 16 before October 15 by publication in an official newspaper of
  2 17 general circulation to any class of property affected by the
  2 18 equalization order, and written notice mailed to each property
  2 19 owner or taxpayer whose valuation will increase as a result of
  2 20 the equalization order, and that the board of review shall be
  2 21 in session from October 15 to November 15 to hear protests of
  2 22 affected property owners or taxpayers whose valuations have
  2 23 been adjusted by the equalization order.
  2 24    Sec. 5.  Section 441.33, unnumbered paragraph 1, Code 2009,
  2 25 is amended to read as follows:
  2 26    The board of review shall be in session from May June 1
  2 27 through the period of time necessary to act on all protests
  2 28 filed under section 441.37 but not later than May 31 July 1
  2 29 each year and for an additional period as required under
  2 30 section 441.37 and shall hold as many meetings as are
  2 31 necessary to discharge its duties.  On or before May 31 July 1
  2 32 in those years in which a session has not been extended as
  2 33 required under section 441.37, the board shall return all
  2 34 books, records, and papers to the assessor except undisposed
  2 35 of protests and records pertaining to those protests.  If it
  3  1 has not completed its work by May 31 July 1, in those years in
  3  2 which the session has not been extended under section 441.37,
  3  3 the director of revenue may authorize the board of review to
  3  4 continue in session for a period necessary to complete its
  3  5 work, but the director of revenue shall not approve a
  3  6 continuance extending beyond July August 15.  On or before May
  3  7 31 July 1 or on the final day of any extended session required
  3  8 under section 441.37 or authorized by the director of revenue,
  3  9 the board of review shall adjourn until May June 1 of the
  3 10 following year.  It shall adopt its own rules of procedure,
  3 11 elect its own chairperson from its membership, and keep
  3 12 minutes of its meetings.  The board shall appoint a clerk who
  3 13 may be a member of the board or any other qualified person,
  3 14 except the assessor or any member of the assessor's staff.  It
  3 15 may be reconvened by the director of revenue.  All undisposed
  3 16 protests in its hands on July August 15 shall be automatically
  3 17 overruled and returned to the assessor together with its other
  3 18 records.
  3 19    Sec. 6.  Section 441.37, subsection 1, unnumbered paragraph
  3 20 1, Code 2009, is amended to read as follows:
  3 21    Any property owner or aggrieved taxpayer who is
  3 22 dissatisfied with the owner's or taxpayer's assessment may
  3 23 file a protest against such assessment with the board of
  3 24 review on or after April 16, to and including May June 5, of
  3 25 the year of the assessment.  In any county which has been
  3 26 declared to be a disaster area by proper federal authorities
  3 27 after March 1 and prior to May June 20 of said year of
  3 28 assessment, the board of review shall be authorized to remain
  3 29 in session until June July 15 and the time for filing a
  3 30 protest shall be extended to and include the period from May
  3 31 June 25 to June July 5 of such year.  Said The protest shall
  3 32 be in writing and signed by the one protesting or by the
  3 33 protester's duly authorized agent.  The taxpayer may have an
  3 34 oral hearing thereon on the protest if request therefor in
  3 35 writing for an oral hearing is made in writing at the time of
  4  1 filing the protest.  Said The protest must be confined to one
  4  2 or more of the following grounds:
  4  3    Sec. 7.  Section 441.38, subsection 1, Code 2009, is
  4  4 amended to read as follows:
  4  5    1.  Appeals may be taken from the action of the local board
  4  6 of review with reference to protests of assessment, to the
  4  7 district court of the county in which the board holds its
  4  8 sessions within twenty days after its adjournment or May 31
  4  9 July 1, whichever date is later.  Appeals may be taken from
  4 10 the action of the property assessment appeal board to the
  4 11 district court of the county where the property which is the
  4 12 subject of the appeal is located within twenty days after the
  4 13 letter of disposition of the appeal by the property assessment
  4 14 appeal board is postmarked to the appellant.  No new grounds
  4 15 in addition to those set out in the protest to the local board
  4 16 of review as provided in section 441.37, or in addition to
  4 17 those set out in the appeal to the property assessment appeal
  4 18 board, if applicable, can be pleaded.  Additional evidence to
  4 19 sustain those grounds may be introduced in an appeal from the
  4 20 local board of review to the district court.  However, no new
  4 21 evidence to sustain those grounds may be introduced in an
  4 22 appeal from the property assessment appeal board to the
  4 23 district court.  The assessor shall have the same right to
  4 24 appeal and in the same manner as an individual taxpayer,
  4 25 public body, or other public officer as provided in section
  4 26 441.42.  Appeals shall be taken by filing a written notice of
  4 27 appeal with the clerk of district court.  Filing of the
  4 28 written notice of appeal shall preserve all rights of appeal
  4 29 of the appellant.
  4 30    Sec. 8.  Section 441.45, Code 2009, is amended to read as
  4 31 follows:
  4 32    441.45  ABSTRACT TO STATE DEPARTMENT OF REVENUE.
  4 33    1.  The county assessor of each county and each city
  4 34 assessor shall, on or before July August 1 of each year, make
  4 35 out and transmit to the department of revenue an abstract of
  5  1 the real property in the assessor's county or city, as the
  5  2 case may be, and file a copy of the abstract with the county
  5  3 auditor, in which the assessor shall set forth:
  5  4    1.  a.  The number of acres of land and the aggregate
  5  5 taxable values of the land, exclusive of city lots, returned
  5  6 by the assessors, as corrected by the board of review.
  5  7    2.  b.  The aggregate taxable values of real estate by
  5  8 class in each township and city in the county, returned as
  5  9 corrected by the board of review.
  5 10    3.  c.  Other facts required by the director of revenue.
  5 11    2.  If a board of review continues in session beyond June
  5 12 July 1, under sections 441.33 and 441.37, the abstract of the
  5 13 real property shall be made out and transmitted to the
  5 14 department of revenue within fifteen days after the date of
  5 15 final adjournment by the board.
  5 16    Sec. 9.  Section 441.49, Code 2009, is amended by adding
  5 17 the following new unnumbered paragraph after unnumbered
  5 18 paragraph 3:
  5 19    NEW UNNUMBERED PARAGRAPH.  On or before October 15, the
  5 20 county auditor, with cooperation and assistance of the county
  5 21 assessor and the city assessor, if applicable, shall in
  5 22 writing notify each property owner or taxpayer whose valuation
  5 23 will be increased as a result of the equalization order.  The
  5 24 notice shall include the statement required to be published
  5 25 pursuant to this section and shall state the percentage
  5 26 increase that will be applied to the property, the property
  5 27 owner's or taxpayer's right to protest the increase, and the
  5 28 dates that protests will be heard by the board of review.
  5 29    Sec. 10.  APPLICABILITY DATE.  This Act applies to
  5 30 assessment years beginning on or after January 1, 2010.
  5 31                           EXPLANATION
  5 32    This bill makes changes relating to the valuation of
  5 33 property for property tax purposes.
  5 34    The bill provides that an assessor shall not take into
  5 35 account the advertised price of property that is for sale at
  6  1 the time the assessment is made, or was previously for sale
  6  2 but remains unsold at the time the assessment is made, when
  6  3 determining a property's market value.
  6  4    The bill provides property owners or taxpayers wishing to
  6  5 appeal an assessment to the local board of review an
  6  6 additional 30 days in which to appeal the assessment.  All
  6  7 corresponding dates relating to the appeal process are moved
  6  8 back 30 days.
  6  9    The bill requires the county auditor, with the assistance
  6 10 and cooperation of the city or county assessor, to provide the
  6 11 property owner or taxpayer written notice of an increase in
  6 12 valuation due to an equalization order.
  6 13    The bill applies to assessment years beginning on or after
  6 14 January 1, 2010.
  6 15 LSB 1522HH 83
  6 16 md/sc/8