Senate File 411 - Introduced SENATE FILE 411 BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO SF 49) A BILL FOR An Act relating to assessors and the state appraisal manual of 1 the department of revenue, and including penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1126SV (2) 88 ss/jh
S.F. 411 Section 1. Section 421.17, subsection 17, Code 2019, is 1 amended to read as follows: 2 17. To prepare and issue a state appraisal manual which each 3 county and city assessor shall use in assessing and valuing all 4 classes of property in the state. The appraisal manual shall 5 include specific guidance on the classification of agricultural 6 property and for determining whether a property satisfies the 7 requirements for a charitable exemption from taxation. The 8 appraisal manual shall be continuously revised and the manual 9 and revisions shall be issued to the county and city assessors 10 in such form and manner as prescribed by the director. 11 Sec. 2. NEW SECTION . 441.51 Failure to comply with the 12 state appraisal manual —— penalties. 13 1. In addition to any other penalty provided by law, if the 14 department of revenue determines that an assessor has failed 15 to substantially comply with the state appraisal manual issued 16 under the authority of section 421.17, subsection 17, the 17 assessor shall be subject to the following penalties: 18 a. For a first violation following the appointment or 19 reappointment of the assessor, a letter of admonishment and 20 warning issued by the department of revenue to the assessor, 21 with a copy being sent to the conference board having authority 22 over the assessor. 23 b. For a second violation within three years of the 24 appointment of an assessor, or in the case of an assessor 25 holding office on the effective date of this Act, within three 26 years of the effective date of this Act, ineligibility for 27 reappointment. 28 c. For a second violation occurring later than three years 29 after appointment or the effective date of this Act, a letter 30 of admonishment and warning as described in paragraph “a” . 31 d. For a third violation after a violation described in 32 paragraph “c” , ineligibility for reappointment. 33 2. The department of revenue may investigate violations of 34 this section on its own motion or pursuant to a complaint. 35 -1- LSB 1126SV (2) 88 ss/jh 1/ 2
S.F. 411 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to the state appraisal manual and the usage 4 of the manual by assessors. 5 The bill provides that the state appraisal manual shall 6 include specific guidance on the classification of agricultural 7 property and the identification of property that qualifies for 8 a charitable exemption from taxation. 9 Current law requires all assessors to use the state 10 appraisal manual. The bill allows the department of revenue 11 to investigate failures to use the appraisal manual either 12 upon complaint or its own motion. An appraiser who fails 13 to substantially comply with the appraisal manual once is 14 subject to a letter of admonishment and warning, which shall 15 also be sent to the conference board having authority over the 16 assessor. An assessor who commits two violations within three 17 years of appointment shall be ineligible for reappointment. 18 An assessor who commits a second violation more than three 19 years after appointment is subject to a letter of admonishment 20 and warning, which shall also be sent to the conference board 21 having authority over the assessor. An assessor who commits a 22 third violation shall be ineligible for reappointment. 23 -2- LSB 1126SV (2) 88 ss/jh 2/ 2