Senate Study Bill 1152 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON GARRETT) A BILL FOR An Act relating to certain payments made through a county 1 treasurer’s internet site. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2487XC (2) 87 md/jh/rj

S.F. _____ Section 1. Section 446.32, Code 2017, is amended to read as 1 follows: 2 446.32 Payment of subsequent taxes by purchaser. 3 The county treasurer shall provide to the purchaser of a 4 parcel sold at tax sale a receipt for the total amount paid 5 by the purchaser after the date of purchase for a subsequent 6 year. Taxes for a subsequent year may be paid by the purchaser 7 beginning one month and fourteen days following the date 8 from which an installment becomes delinquent as provided in 9 section 445.37 . Notwithstanding any provision to the contrary, 10 a subsequent payment must be received and recorded by the 11 treasurer in the county system or initiated through the county 12 treasurer’s authorized internet site no later than 5:00 p.m. on 13 the last business day of the month for interest for that month 14 to accrue and be added to the amount due under section 447.1 . 15 However, the treasurer may establish a deadline for receipt of 16 subsequent payments that is other than 5:00 p.m. on the last 17 business day of the month to allow for timely processing of 18 the subsequent payments. Late interest shall be calculated 19 through the date that the subsequent payment is recorded by the 20 treasurer in the county system or initiated through the county 21 treasurer’s authorized internet site . In no instance shall the 22 date of postmark of a subsequent payment be used by a treasurer 23 either to calculate interest or to determine whether interest 24 shall accrue on the subsequent payment. 25 Sec. 2. Section 447.1, unnumbered paragraph 1, Code 2017, 26 is amended to read as follows: 27 A parcel sold under this chapter and chapter 446 may be 28 redeemed at any time before the right of redemption expires, by 29 payment to the county treasurer, to be held by the treasurer 30 subject to the order of the purchaser, of the amount for which 31 the parcel was sold, including the fee for the certificate 32 of purchase, and interest of two percent per month, counting 33 each fraction of a month as an entire month, from the month 34 of sale, and the total amount paid by the purchaser or the 35 -1- LSB 2487XC (2) 87 md/jh/rj 1/ 3

S.F. _____ purchaser’s assignee for any subsequent year, with interest 1 at the same rate added on the amount of the payment for each 2 subsequent year from the month of payment, counting each 3 fraction of a month as an entire month. The amount of interest 4 must be at least one dollar and shall be rounded to the nearest 5 whole dollar. Interest shall accrue on subsequent amounts as 6 provided in section 446.32 . The redemption must be received 7 by the treasurer or initiated through the county treasurer’s 8 authorized internet site on or before the last day of the 9 month to avoid additional interest being added to the amount 10 necessary to redeem. However, if the last day of a month 11 falls on a Saturday, Sunday, or a holiday, the payment must 12 be received by the treasurer or initiated through the county 13 treasurer’s authorized internet site by the close of business 14 on the first business day of the following month. 15 Sec. 3. Section 447.12, Code 2017, is amended to read as 16 follows: 17 447.12 When service deemed complete —— presumption. 18 Service is complete only after an affidavit has been 19 filed with the county treasurer, showing the making of the 20 service, the manner of service, the time when and place where 21 made, under whose direction the service was made, and costs 22 incurred as provided in section 447.13 . Costs not filed with 23 the treasurer before a redemption is complete shall not be 24 collected by the treasurer. Costs shall not be filed with 25 the treasurer prior to the filing of the affidavit. The 26 affidavit shall be made by the holder of the certificate or by 27 the holder’s agent or attorney, and in either of the latter 28 cases stating that the affiant is the agent or attorney of the 29 holder of the certificate. The affidavit shall be filed by the 30 treasurer and entered in the county system and is presumptive 31 evidence of the completed service of the notice. The right of 32 redemption shall not expire until ninety days after service 33 is complete. A redemption shall not be considered valid 34 unless received by the treasurer or initiated through the 35 -2- LSB 2487XC (2) 87 md/jh/rj 2/ 3

S.F. _____ county treasurer’s authorized internet site prior to the close 1 of business on the ninetieth day from the date of completed 2 service except in the case of a public bidder certificate held 3 by the county in which case the county may accept a redemption 4 at any time prior to the issuance of the tax deed. However, if 5 the ninetieth day falls on a Saturday, Sunday, or a holiday, 6 payment of the total redemption amount must be received by 7 the treasurer or initiated through the county treasurer’s 8 authorized internet site before the close of business on the 9 first business day following the ninetieth day. The date of 10 postmark of a redemption shall not be considered as the day the 11 redemption was received by the treasurer for purposes of the 12 ninety-day time period. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill specifies that for certain property tax payments 17 and redemption amounts under Code chapters 446 (tax sales) and 18 447 (tax redemption), and for purposes of calculating amounts 19 of interest due, such payments and amounts are considered 20 received by the county treasurer or considered valid at 21 the time they are initiated through the county treasurer’s 22 authorized internet site. 23 -3- LSB 2487XC (2) 87 md/jh/rj 3/ 3