House File 661 - Introduced



                                       HOUSE FILE       
                                       BY  D. OLSON


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

                                      A BILL FOR

  1 An Act abolishing the property assessment appeal board.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 2602HH 83
  4 md/sc/24

PAG LIN



  1  1    Section 1.  Section 257.12, subsection 1, Code 2009, is
  1  2 amended to read as follows:
  1  3    1.  If a school district is required to repay property
  1  4 taxes paid for school taxes levied on property originally
  1  5 assessed at five million dollars or more because the
  1  6 assessment was subsequently reduced by the action of the
  1  7 property assessment appeal board or judicial action and the
  1  8 amount of the reduction in the assessment equals at least one
  1  9 hundred thousand dollars or two percent of the assessed value
  1 10 of all taxable property in the district prior to the
  1 11 reduction, whichever is less, the school district is eligible
  1 12 for an adjustment in state foundation aid.  To receive the
  1 13 adjustment in state foundation aid, the school district shall
  1 14 apply to the department of management prior to the beginning
  1 15 of the budget year following the budget year in which the
  1 16 repayment of the property taxes occurred.  The department of
  1 17 management shall determine the amount of adjustment in state
  1 18 foundation aid pursuant to subsection 2.
  1 19    Sec. 2.  Section 441.38, Code 2009, is amended to read as
  1 20 follows:
  1 21    441.38  APPEAL TO DISTRICT COURT.
  1 22    1.  Appeals may be taken from the action of the local board
  1 23 of review with reference to protests of assessment, to the
  1 24 district court of the county in which the board holds its
  1 25 sessions within twenty days after its adjournment or May 31,
  1 26 whichever date is later.  Appeals may be taken from the action
  1 27 of the property assessment appeal board to the district court
  1 28 of the county where the property which is the subject of the
  1 29 appeal is located within twenty days after the letter of
  1 30 disposition of the appeal by the property assessment appeal
  1 31 board is postmarked to the appellant.  No new grounds in
  1 32 addition to those set out in the protest to the local board of
  1 33 review as provided in section 441.37, or in addition to those
  1 34 set out in the appeal to the property assessment appeal board,
  1 35 if applicable, can be pleaded.  Additional evidence to sustain
  2  1 those grounds may be introduced in an appeal from the local
  2  2 board of review to the district court.  However, no new
  2  3 evidence to sustain those grounds may be introduced in an
  2  4 appeal from the property assessment appeal board to the
  2  5 district court.  The assessor shall have the same right to
  2  6 appeal and in the same manner as an individual taxpayer,
  2  7 public body, or other public officer as provided in section
  2  8 441.42.  Appeals shall be taken by filing a written notice of
  2  9 appeal with the clerk of district court.  Filing of the
  2 10 written notice of appeal shall preserve all rights of appeal
  2 11 of the appellant.
  2 12    2.  If the appeal to district court is taken from the
  2 13 action of the local board of review, notice of appeal shall be
  2 14 served as an original notice on the chairperson, presiding
  2 15 officer, or clerk of the board of review after the filing of
  2 16 notice under subsection 1 with the clerk of district court.
  2 17 If the appeal to district court is taken from the action of
  2 18 the property assessment appeal board, notice of appeal shall
  2 19 be served as an original notice on the secretary of the
  2 20 property assessment appeal board after the filing of notice
  2 21 under subsection 1 with the clerk of district court.
  2 22    Sec. 3.  Section 441.38A, Code 2009, is amended to read as
  2 23 follows:
  2 24    441.38A  NOTICE TO SCHOOL DISTRICT.
  2 25    In addition to any other requirement for providing of
  2 26 notice, if a property owner or aggrieved taxpayer files a
  2 27 protest against the assessment of property valued at five
  2 28 million dollars or more or files an appeal to the property
  2 29 assessment appeal board or the district court with regard to
  2 30 such property, the assessor shall provide notice to the school
  2 31 district in which such property is located within ten days of
  2 32 the filing of the protest or the appeal, as applicable.
  2 33    Sec. 4.  2005 Iowa Acts, chapter 150, section 134, is
  2 34 amended to read as follows:
  2 35    SEC. 134.  FUTURE REPEAL.
  3  1    1.  The sections of this division of this Act amending
  3  2 sections 7E.6, 13.7, 428.4, 441.19, 441.35, 441.38, 441.39,
  3  3 441.43, 441.49, and 445.60, and enacting sections 421.1A and
  3  4 section 441.37A, are repealed effective July 1, 2013 2009.
  3  5    2.  The portion of the section of this division of this Act
  3  6 amending section 441.28 relating only to the property
  3  7 assessment appeal board is repealed effective July 1, 2013
  3  8 2009.
  3  9    Sec. 5.  Sections 421.1A and 441.38B, Code 2009, are
  3 10 repealed.
  3 11                           EXPLANATION
  3 12    2005 Iowa Acts, chapter 150, section 134, provides for the
  3 13 automatic repeal of the property assessment appeal board on
  3 14 July 1, 2013.  This bill amends the date of repeal to be July
  3 15 1, 2009.  The bill also makes corresponding amendments to
  3 16 reflect the repeal of the property assessment appeal board.
  3 17 LSB 2602HH 83
  3 18 md/sc/24