House
Study
Bill
508
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
relating
to
property
tax
assessment
and
taxation
by
1
modifying
requirements
relating
to
property
assessment
2
notices
and
equalization
order
notices
and
including
3
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
5198YC
(6)
85
md/sc
H.F.
_____
Section
1.
Section
441.23,
Code
2014,
is
amended
to
read
as
1
follows:
2
441.23
Notice
of
valuation.
3
If
there
has
been
an
increase
or
decrease
in
the
valuation
4
of
the
property,
or
upon
the
written
request
of
the
person
5
assessed,
the
assessor
shall,
at
the
time
of
making
the
6
assessment,
inform
the
person
assessed,
in
writing,
of
the
7
valuation
put
upon
the
taxpayer’s
property,
and
notify
the
8
person,
that
if
the
person
feels
aggrieved,
to
contact
the
9
assessor
pursuant
to
section
441.30
or
to
appear
before
the
10
board
of
review
and
show
why
the
assessment
should
be
changed.
11
However,
if
the
valuation
of
a
class
of
property
is
uniformly
12
decreased,
the
assessor
may
notify
the
affected
property
owners
13
by
publication
in
the
official
newspapers
of
the
county.
The
14
owners
of
real
property
shall
be
notified
not
later
than
April
15
1
of
any
adjustment
of
the
real
property
assessment.
16
Sec.
2.
Section
441.26,
subsection
2,
Code
2014,
is
amended
17
to
read
as
follows:
18
2.
The
notice
in
1981
and
each
odd-numbered
year
thereafter
19
shall
contain
a
statement
that
the
assessments
are
subject
20
to
equalization
pursuant
to
an
order
issued
by
the
director
21
of
revenue,
that
the
county
auditor
shall
give
notice
by
22
mail
postmarked
on
or
before
October
15
by
publication
in
an
23
official
newspaper
of
general
circulation
to
any
class
of
24
property
affected
to
each
property
owner
or
taxpayer
whose
25
valuation
has
been
adjusted
by
the
equalization
order,
and
26
that
the
board
of
review
shall
be
in
session
from
October
15
27
November
10
to
November
15
December
10
to
hear
protests
of
28
affected
property
owners
or
taxpayers
whose
valuations
have
29
been
adjusted
by
the
equalization
order.
30
Sec.
3.
Section
441.35,
subsection
2,
Code
2014,
is
amended
31
to
read
as
follows:
32
2.
In
any
year
after
the
year
in
which
an
assessment
has
33
been
made
of
all
of
the
real
estate
in
any
taxing
district,
34
the
board
of
review
shall
meet
as
provided
in
section
441.33
,
35
-1-
LSB
5198YC
(6)
85
md/sc
1/
6
H.F.
_____
and
where
the
board
finds
the
same
has
changed
in
value,
the
1
board
shall
revalue
and
reassess
any
part
or
all
of
the
real
2
estate
contained
in
such
taxing
district,
and
in
such
case,
3
the
board
shall
determine
the
actual
value
as
of
January
1
of
4
the
year
of
the
revaluation
and
reassessment
and
compute
the
5
taxable
value
thereof.
If
the
assessment
of
any
such
property
6
is
raised,
or
any
property
is
added
to
the
tax
list
by
the
7
board,
the
clerk
shall
give
notice
in
the
manner
provided
in
8
section
441.36
.
However,
if
the
assessment
of
all
property
9
in
any
taxing
district
is
raised,
the
board
may
instruct
the
10
clerk
to
give
immediate
notice
by
one
publication
in
one
of
11
the
official
newspapers
located
in
the
taxing
district,
and
12
such
published
notice
shall
take
the
place
of
the
mailed
notice
13
provided
for
in
section
441.36
,
but
all
other
provisions
of
14
that
section
shall
apply.
The
decision
of
the
board
as
to
the
15
foregoing
matters
shall
be
subject
to
appeal
to
the
property
16
assessment
appeal
board
within
the
same
time
and
in
the
same
17
manner
as
provided
in
section
441.37A
and
to
the
district
court
18
within
the
same
time
and
in
the
same
manner
as
provided
in
19
section
441.38
.
20
Sec.
4.
Section
441.37,
subsection
3,
Code
2014,
is
amended
21
to
read
as
follows:
22
3.
For
assessment
years
beginning
on
or
after
January
23
1,
2014,
the
board
of
review
may
allow
property
owners
or
24
aggrieved
taxpayers
who
are
dissatisfied
with
the
owner’s
or
25
taxpayer’s
assessment
to
file
a
protest
against
such
assessment
26
by
electronic
means.
Electronic
filing
of
assessment
protests
27
may
be
authorized
for
the
protest
period
that
begins
April
7,
28
the
protest
period
that
begins
October
15,
or
both.
Except
29
for
the
requirement
that
a
protest
be
signed,
all
other
30
requirements
of
this
section
for
an
assessment
protest
to
the
31
board
of
review
shall
apply
to
a
protest
filed
electronically.
32
If
electronic
filing
is
authorized
by
the
local
board
of
33
review,
the
availability
of
electronic
filing
shall
be
34
clearly
indicated
on
the
assessment
roll
notice
provided
to
35
-2-
LSB
5198YC
(6)
85
md/sc
2/
6
H.F.
_____
the
property
owner
or
taxpayer
and
included
in
the
published
1
equalization
order
notice
provided
to
the
property
owner
or
2
taxpayer
.
3
Sec.
5.
Section
441.49,
subsection
1,
paragraph
b,
Code
4
2014,
is
amended
to
read
as
follows:
5
b.
However,
an
assessing
jurisdiction
may
request
the
6
director
to
permit
the
use
of
an
alternative
method
of
7
applying
the
equalization
order
to
the
property
values
in
the
8
assessing
jurisdiction,
provided
that
the
final
valuation
9
shall
be
equivalent
to
the
director’s
equalization
order.
The
10
assessing
jurisdiction
shall
notify
the
county
auditor
of
11
the
request
for
the
use
of
an
alternative
method
of
applying
12
the
equalization
order
and
the
director’s
disposition
of
the
13
request.
The
request
to
use
an
alternative
method
of
applying
14
the
equalization
order,
including
procedures
for
notifying
15
affected
property
owners
and
appealing
valuation
adjustments,
16
shall
be
made
within
ten
days
from
the
date
the
county
auditor
17
receives
the
equalization
order
and
the
valuation
adjustments,
18
and
appeal
procedures
shall
be
completed
by
November
30
19
December
20
of
the
year
of
the
equalization
order.
Compliance
20
with
the
provisions
of
section
441.21
is
sufficient
grounds
21
for
the
director
to
permit
the
use
of
an
alternative
method
of
22
applying
the
equalization
order.
23
Sec.
6.
Section
441.49,
subsections
2
and
4,
Code
2014,
are
24
amended
to
read
as
follows:
25
2.
a.
On
or
before
October
15
the
The
county
auditor
26
shall
cause
to
be
published
in
official
newspapers
of
general
27
circulation
notify
each
property
owner
or
taxpayer
whose
28
valuation
has
been
adjusted
by
the
final
equalization
order
29
by
mail
postmarked
on
or
before
October
15
.
The
publication
30
individual
notices
mailed
to
each
affected
property
owner
or
31
taxpayer
shall
include,
in
type
larger
than
the
remainder
of
32
the
publication
notice
,
the
following
statement
statements
:
33
Assessed
values
are
equalized
by
the
department
of
revenue
34
every
two
years.
Local
taxing
authorities
determine
the
final
35
-3-
LSB
5198YC
(6)
85
md/sc
3/
6
H.F.
_____
tax
levies
and
may
reduce
property
tax
rates
to
compensate
1
for
any
increase
in
valuation
due
to
equalization.
If
you
2
are
not
satisfied
that
your
assessment
as
adjusted
by
the
3
equalization
order
is
correct,
you
may
file
a
protest
against
4
such
assessment
with
the
board
of
review
on
or
after
October
5
15,
to
and
including
November
15.
6
b.
Failure
to
publish
notify
property
owners
or
taxpayers
7
of
the
equalization
order
has
no
effect
upon
the
validity
of
8
the
orders.
9
4.
The
local
board
of
review
shall
reconvene
in
special
10
session
from
October
15
November
10
to
November
15
December
10
11
for
the
purpose
of
hearing
the
protests
of
affected
property
12
owners
or
taxpayers
within
the
jurisdiction
of
the
board
whose
13
valuation
of
property
if
adjusted
pursuant
to
the
equalization
14
order
issued
by
the
director
of
revenue
will
result
in
a
15
greater
value
than
permitted
under
section
441.21
.
The
board
16
of
review
shall
accept
protests
only
during
the
first
ten
days
17
following
the
date
the
local
board
of
review
reconvenes
period
18
of
time
from
October
15
to
and
including
November
15
.
The
19
board
of
review
shall
limit
its
review
to
only
the
timely
filed
20
protests.
The
board
of
review
may
adjust
all
or
a
part
of
21
the
percentage
increase
ordered
by
the
director
of
revenue
by
22
adjusting
the
actual
value
of
the
property
under
protest
to
one
23
hundred
percent
of
actual
value.
Any
adjustment
so
determined
24
by
the
board
of
review
shall
not
exceed
the
percentage
increase
25
provided
for
in
the
director’s
equalization
order.
The
26
determination
of
the
board
of
review
on
filed
protests
is
27
final,
subject
to
appeal
to
the
property
assessment
appeal
28
board.
A
final
decision
by
the
local
board
of
review,
or
the
29
property
assessment
appeal
board,
if
the
local
board’s
decision
30
is
appealed,
is
subject
to
review
by
the
director
of
revenue
31
for
the
purpose
of
determining
whether
the
board’s
actions
32
substantially
altered
the
equalization
order.
In
making
the
33
review,
the
director
has
all
the
powers
provided
in
chapter
34
421
,
and
in
exercising
the
powers
the
director
is
not
subject
35
-4-
LSB
5198YC
(6)
85
md/sc
4/
6
H.F.
_____
to
chapter
17A
.
Not
later
than
fifteen
days
following
the
1
adjournment
of
the
board,
the
board
of
review
shall
submit
to
2
the
director
of
revenue,
on
forms
prescribed
by
the
director,
a
3
report
of
all
actions
taken
by
the
board
of
review
during
this
4
session.
5
Sec.
7.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
6
3,
shall
not
apply
to
this
Act.
7
Sec.
8.
APPLICABILITY.
This
Act
applies
to
assessment
years
8
beginning
on
or
after
January
1,
2015.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
relates
to
property
assessment
and
taxation
by
13
modifying
provisions
relating
to
property
assessment
notices
14
and
equalization
order
notices.
15
The
bill
strikes
a
provision
in
Code
section
441.23
that
16
authorizes
the
local
assessor,
in
lieu
of
individual
taxpayer
17
notices,
to
provide
notice
to
taxpayers
by
publication
in
the
18
official
newspapers
of
the
county
if
the
valuation
of
a
class
19
of
property
is
uniformly
decreased.
The
bill
also
strikes
a
20
provision
in
Code
section
441.35,
subsection
2,
that
authorizes
21
the
local
board
of
review
to
provide
notice
to
taxpayers
by
22
publication
in
one
of
the
official
newspapers
located
in
23
the
taxing
district
if
the
local
board
of
review
raises
the
24
assessment
of
all
property
in
a
taxing
district
during
the
25
local
board
of
review’s
session
in
an
even-numbered
assessment
26
year.
27
Current
Code
law
requires
the
department
of
revenue
to,
in
28
each
odd-numbered
year,
order
the
equalization
of
the
levels
of
29
assessment
of
each
class
of
property
in
the
several
assessing
30
jurisdictions
by
adding
to
or
deducting
from
the
valuation
of
31
each
class
of
property
if
the
aggregate
assessed
valuation
of
32
that
class
of
property
is
at
least
5
percent
above
or
below
the
33
valuation
of
that
class
of
property
statewide.
Current
Code
34
section
441.26
requires
the
county
auditor
to
publish
notice
35
-5-
LSB
5198YC
(6)
85
md/sc
5/
6
H.F.
_____
of
the
final
equalization
order
in
an
official
newspaper
of
1
general
circulation.
The
bill
strikes
the
authority
to
provide
2
such
notice
by
publication
and
instead
requires
the
county
3
auditor
to
provide
individual
notices
mailed
to
each
property
4
owner
or
taxpayer
whose
valuation
has
been
adjusted
by
the
5
equalization
order.
The
bill
provides
that
the
notice
shall
6
contain
the
statement
currently
required
in
published
notices
7
and
also
requires
that
the
notice
contain
a
statement
of
the
8
owner’s
or
taxpayer’s
ability
to
file
a
protest
against
an
9
assessment
adjusted
by
the
equalization
order
with
the
local
10
board
of
review.
11
The
bill
also
modifies
the
period
of
time
for
taxpayer
12
protests
of
an
equalization
order
and
the
dates
of
the
local
13
board
of
review’s
session
to
hear
such
protests.
Current
law
14
allows
such
protests
to
be
filed
on
or
after
October
15
to
and
15
including
October
25.
The
bill
extends
the
period
of
time
16
for
filing
to
November
15.
The
bill
provides
that
the
local
17
board
of
review’s
session
to
hear
protests
begins
November
18
10,
instead
of
October
15,
and
ends
December
10,
instead
of
19
November
15.
The
bill
also
provides
that
the
deadline
for
20
completing
the
appeal
procedures
for
equalizations
implemented
21
by
the
assessing
jurisdiction
using
an
alternative
method
of
22
applying
the
equalization
order
is
December
20
instead
of
23
November
30.
24
The
bill
may
include
a
state
mandate
as
defined
in
Code
25
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
26
subsection
3,
which
would
relieve
a
political
subdivision
from
27
complying
with
a
state
mandate
if
funding
for
the
cost
of
28
the
state
mandate
is
not
provided
or
specified.
Therefore,
29
political
subdivisions
are
required
to
comply
with
any
state
30
mandate
included
in
the
bill.
31
The
bill
applies
to
assessment
years
beginning
on
or
after
32
January
1,
2015.
33
-6-
LSB
5198YC
(6)
85
md/sc
6/
6