SF 216 (LSB 1793SV (2) 90)

SENATE FILE 216

BY  COMMITTEE ON LOCAL GOVERNMENT

(SUCCESSOR TO SSB 1051)

A BILL FOR

An Act relating to the authority to postpone or cancel an annual tax sale.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 446.7, subsection 1, Code 2023, is amended to read as follows:
   1.  Annually, on the third Monday in June the county treasurer shall offer at public sale all parcels on which taxes are delinquent. The treasurer shall not, however, offer for sale any parcel that is subject to a pending action as the result of a municipal infraction citation under section 364.22, a petition filed under chapter 657, or a petition filed under chapter 657A, if such municipal infraction citation or petition is indexed under section 617.10 and noted in the county system as defined in section 445.1. The sale shall be made for the total amount of taxes, interest, fees, and costs due. If for good cause the treasurer cannot hold the annual tax sale on the third Monday of June, the treasurer may designate a different date in June for the sale not later than one hundred twenty days after the third Monday in June.  After designation of a different date, the treasurer may, for good cause and following approval of the board of supervisors, redesignate the date of the tax sale to a date not more than one hundred twenty days after the immediately preceding designation, but not later than date for the subsequent year’s annual tax sale.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Code section 446.7 provides that annually, on the third Monday in June, the county treasurer shall offer at public sale all parcels on which taxes are delinquent. However, if for good cause the treasurer cannot hold the annual tax sale on that date, the treasurer may designate a different date in June for the sale.
   This bill modifies the ability of the county treasurer to reschedule the tax sale for good cause by allowing the rescheduled date to be a date not later than 120 days after the third Monday in June. After designation of a different date, the county treasurer may, for good cause and following approval of the board of supervisors, redesignate the date of the tax sale to a date not more than 120 days after the immediately preceding designation, but not later than the date for the subsequent year’s annual tax sale.