Bill Text: IA HF369 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A bill for an act relating to the procedure for tax sales and including applicability provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-03-20 - Passed subcommittee. [HF369 Detail]

Download: Iowa-2013-HF369-Introduced.html
House File 369 - Introduced HOUSE FILE 369 BY HAGENOW A BILL FOR An Act relating to the procedure for tax sales and including 1 applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2285YH (3) 85 md/sc
H.F. 369 Section 1. Section 446.16, subsections 1 and 4, Code 2013, 1 are amended to read as follows: 2 1. a. Each parcel offered for sale shall first be offered 3 for sale to those registered bidders under this section who 4 are individual residents of this state or that are domestic 5 business entities as defined in section 501A.102. The 6 individual resident or domestic business entity who offers to 7 pay the total amount due, which is a lien on any parcel, for the 8 smallest percentage of the parcel is the purchaser, and when 9 the purchaser designates the percentage of any parcel for which 10 the purchaser will pay the total amount due, the percentage 11 thus designated shall give the individual resident or domestic 12 business entity an undivided interest upon the issuance of a 13 treasurer’s deed, as provided in chapter 448 . If two or more 14 eligible bidders under this paragraph have placed an equal bid 15 and the bids are the smallest percentage offered, the county 16 treasurer shall use a random selection process to select the 17 bidder to whom a certificate of purchase will be issued. The 18 percentage that may be designated by any purchaser under this 19 paragraph shall not be less than one percent. If a parcel is 20 not sold under this paragraph, the county treasurer shall offer 21 the parcel for sale under paragraph “b” . 22 b. The county treasurer shall offer for sale to all persons 23 registered to bid under this section each parcel that is not 24 sold under paragraph “a” . The person who offers to pay the 25 total amount due, which is a lien on any parcel, for the 26 smallest percentage of the parcel is the purchaser, and when 27 the purchaser designates the percentage of any parcel for which 28 the purchaser will pay the total amount due, the percentage 29 thus designated shall give the person an undivided interest 30 upon the issuance of a treasurer’s deed, as provided in chapter 31 448 . If two or more persons have placed an equal bid and the 32 bids are the smallest percentage offered, the county treasurer 33 shall use a random selection process to select the bidder to 34 whom a certificate of purchase will be issued. The percentage 35 -1- LSB 2285YH (3) 85 md/sc 1/ 3
H.F. 369 that may be designated by any purchaser under this subsection 1 paragraph shall not be less than one percent. 2 4. Only those persons as defined in section 4.1 are 3 authorized to register to bid or to bid at the tax sale or 4 to own a tax sale certificate by purchase, assignment, or 5 otherwise. To be authorized to register to bid or to bid at 6 a tax sale or to own a tax sale certificate, a person, other 7 than an individual, must have a federal tax identification 8 number and either a designation of agent for service of process 9 on file with the secretary of state or a verified statement 10 meeting the requirements of chapter 547 on file with the county 11 recorder of the county in which the person wishes to register 12 to bid or to bid at tax sale or of the county where the property 13 that is the subject of the tax sale certificate is located. 14 Each person authorized to register to bid under this section 15 shall only be allowed to register once for each tax sale and an 16 individual shall not be allowed to register to bid on behalf of 17 more than one person during a tax sale. 18 Sec. 2. APPLICABILITY. This Act applies to tax sales 19 occurring on or after July 1, 2013. 20 EXPLANATION 21 This bill amends Code chapter 446 relating to tax sales. The 22 bill requires the county treasurer to first offer each parcel 23 for sale only to those registered bidders who are individual 24 residents or domestic business entities as defined in the bill. 25 The bill provides that if a parcel is not sold when offered for 26 sale only to registered bidders who are individual residents or 27 domestic business entities, the parcel is then offered for sale 28 to all registered bidders. 29 The bill provides that each person authorized to register to 30 bid under Code section 446.16 shall only be allowed to register 31 once for each tax sale and an individual shall not be allowed 32 to register to bid on behalf of more than one person during a 33 tax sale. 34 The bill applies to tax sales occurring on or after July 1, 35 -2- LSB 2285YH (3) 85 md/sc 2/ 3
H.F. 369 2013. 1 -3- LSB 2285YH (3) 85 md/sc 3/ 3
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