Bill Text: IA SF49 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act requiring county and city property assessors to stand for retention at election and including applicability provisions. (See SF 411.)

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-02-28 - Committee report approving bill, renumbered as SF 411. S.J. 438. [SF49 Detail]

Download: Iowa-2019-SF49-Introduced.html
Senate File 49 - Introduced SENATE FILE 49 BY CHAPMAN A BILL FOR An Act requiring county and city property assessors to stand 1 for retention at election and including applicability 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1126XS (5) 88 ss/jh
S.F. 49 Section 1. NEW SECTION . 39.19 Retention of county assessor 1 at election. 2 At each general election for the election of county officers 3 listed in section 39.17, subsection 2, the county assessor 4 shall stand for retention as provided in section 441.9A. 5 Sec. 2. Section 441.5, subsections 5, 6, and 8, Code 2019, 6 are amended to read as follows: 7 5. The director of revenue shall grade the examination 8 taken. The director shall notify each applicant of the score 9 attained by the applicant on the examination. An individual 10 who attains a score of seventy percent or greater on the 11 examination is eligible to be certified by the director of 12 revenue as a candidate for any assessor position. Any person 13 who passes the examination and who possesses at least two 14 years of appraisal related experience as determined by the 15 director of revenue shall be granted regular certification and 16 become eligible for appointment to a six-year four-year term as 17 assessor. Any person who passes the examination but who lacks 18 such experience shall be granted temporary certification, and 19 shall be eligible for a provisional appointment as assessor. 20 6. Any person possessing temporary certification who 21 receives a provisional appointment as assessor shall, during 22 the person’s first eighteen months in office, be required to 23 complete a course of study prescribed and administered by 24 the director of revenue. Upon the successful completion of 25 this course of study, the assessor shall be granted regular 26 certification and shall be eligible to remain in office for 27 the balance of the assessor’s six-year four-year term. All 28 expenses incurred in obtaining regular certification shall be 29 defrayed by the assessment expense fund. 30 8. Incumbent assessors who have served six four consecutive 31 years shall be placed on the register of individuals eligible 32 for appointment as assessor. In order to be appointed to 33 the position of assessor, the assessor shall comply with the 34 continuing education requirements. The number of credits 35 -1- LSB 1126XS (5) 88 ss/jh 1/ 7
S.F. 49 required for certification as eligible for appointment as 1 assessor in a jurisdiction other than where the assessor 2 is currently serving shall be prorated according to the 3 percentage of the assessor’s term which is covered by the 4 continuing education requirements of section 441.8 . The 5 credit necessary for certification for appointment is the 6 product of one hundred fifty multiplied by the quotient of the 7 number of months served of an assessor’s term covered by the 8 continuing education requirements of section 441.8 divided by 9 seventy-two forty-eight . If the number of credits necessary 10 for certification for appointment as determined under this 11 subsection results in a partial credit hour, the credit hour 12 shall be rounded to the nearest whole number. 13 Sec. 3. Section 441.8, subsections 1, 4, 5, and 7, Code 14 2019, are amended to read as follows: 15 1. The term of office of an assessor appointed under 16 this chapter shall be for six four years. Appointments for 17 each succeeding term shall be made in the same manner as 18 the original appointment except that not less than At least 19 ninety days before the expiration of the term of the retention 20 election for the county or city assessor under section 441.9A 21 or 441.9B, the conference board shall hold a meeting to 22 determine whether or not it desires to reappoint the board 23 approves of having an incumbent assessor to a new term , in 24 the last year of the assessor’s term, stand for retention . 25 The conference board shall have the power to reappoint the 26 approve of an incumbent assessor standing for retention only 27 if the incumbent assessor has satisfactorily completed the 28 continuing education program provided for in this section . If 29 the decision is made not to reappoint approve of the assessor 30 standing for retention , the assessor shall be notified, in 31 writing, of such decision not less than ninety days prior to 32 the expiration of the assessor’s term of office retention 33 election . Failure of If the conference board to does not 34 provide timely notification of the board’s decision , not to 35 -2- LSB 1126XS (5) 88 ss/jh 2/ 7
S.F. 49 reappoint the assessor shall result in the assessor being 1 reappointed be eligible to stand for retention . 2 4. Upon receiving credit equal to one hundred fifty hours 3 of classroom instruction during the assessor’s current term of 4 office of which at least ninety sixty of the one hundred fifty 5 hours are from courses requiring an examination upon conclusion 6 of the course, the director of revenue shall certify to the 7 assessor’s conference board that the assessor is eligible to 8 be reappointed to the position. For persons appointed to 9 complete an unexpired term, the number of credits required to 10 be certified as eligible for reappointment shall be prorated 11 according to the amount of time remaining in the present term 12 of the assessor. If the person was an assessor in another 13 jurisdiction, the assessor may carry forward any credit hours 14 received in the previous position in excess of the number that 15 would be necessary to be considered current in that position. 16 Upon written request by the person seeking a waiver of the 17 continuing education requirements, the director may waive the 18 continuing education requirements if the director determines 19 good cause exists for the waiver. 20 5. Within each six-year four-year period following the 21 appointment of a deputy assessor, the deputy assessor shall 22 comply with this section except that upon the successful 23 completion of ninety sixty hours of classroom instruction 24 of which at least sixty forty of the ninety sixty hours are 25 from courses requiring an examination upon conclusion of the 26 course, the deputy assessor shall be certified by the director 27 of revenue as being eligible to remain in the position. If a 28 deputy assessor fails to comply with this section , the deputy 29 assessor shall be removed from the position until successful 30 completion of the required hours of credit. If a deputy is 31 appointed to the office of assessor, the hours of credit 32 obtained as deputy pursuant to this section shall be credited 33 to that individual as assessor and for the individual to be 34 reappointed at the expiration of the term as assessor, that 35 -3- LSB 1126XS (5) 88 ss/jh 3/ 7
S.F. 49 individual must obtain the credits which are necessary to total 1 the number of hours for reappointment. Upon written request 2 by the person seeking a waiver of the continuing education 3 requirements, the director may waive the continuing education 4 requirements if the director determines good cause exists for 5 the waiver. 6 7. a. If the incumbent assessor is not reappointed as 7 provided in this section , then not less than sixty days before 8 the expiration of the term of said assessor, a new assessor 9 shall be selected as provided in section 441.6 . 10 b. If an assessor is not retained at an election, as 11 provided for in section 441.9A or 441.9B, then the conference 12 board of that county or city shall not reappoint that person to 13 the position of assessor for the subsequent term of office and 14 shall select a new assessor as provided in section 441.6. 15 Sec. 4. NEW SECTION . 441.9A Retention of county assessor. 16 1. At least sixty-nine days before the general election 17 described in section 39.19, a county assessor receiving 18 approval pursuant to section 441.8, subsection 1, may file 19 a declaration of candidacy with the appropriate county 20 commissioner of elections to stand for retention at that 21 election. If a county assessor fails to file the declaration, 22 a vacancy shall exist in the office at the end of the term. 23 2. The name of a county assessor to be voted on shall be 24 placed upon one ballot after all other county offices, and 25 shall be in substantially the following form: 26 COUNTY ASSESSOR 27 VOTE BY MARKING THE APPROPRIATE VOTING TARGET. 28 Shall the following county assessor be retained in office? 29 CANDIDATE’S NAME YES NO 30 3. A county assessor must receive more affirmative than 31 negative votes to be retained in office. If the county 32 assessor is not retained in office, a vacancy shall exist in 33 the office at the end of the term. 34 4. Terms of office for a county assessor shall begin and 35 -4- LSB 1126XS (5) 88 ss/jh 4/ 7
S.F. 49 end at noon on the first day in January which is not a Sunday 1 or legal holiday, following the general election described in 2 section 39.19. 3 Sec. 5. NEW SECTION . 441.9B Retention of city assessor. 4 1. At least sixty-nine days before the regular city election 5 held pursuant to section 376.1 in the year 2021 and every four 6 years thereafter, a city assessor receiving approval pursuant 7 to section 441.8, subsection 1, may file a declaration of 8 candidacy as provided for other city candidates under section 9 376.4 to stand for retention at that election. If a city 10 assessor fails to file the declaration, a vacancy shall exist 11 in the office at the end of the term. 12 2. The name of a city assessor to be voted on shall be 13 placed upon one ballot after all other city offices, and shall 14 be in substantially the following form: 15 CITY ASSESSOR 16 VOTE BY MARKING THE APPROPRIATE VOTING TARGET. 17 Shall the following city assessor be retained in office? 18 CANDIDATE’S NAME YES NO 19 3. A city assessor must receive more affirmative than 20 negative votes to be retained in office. If the city assessor 21 is not retained in office, a vacancy shall exist in the office 22 at the end of the term. 23 Sec. 6. Section 441.10, subsection 4, Code 2019, is amended 24 to read as follows: 25 4. Incumbent deputy assessors who have served six 26 four consecutive years shall be placed on the register of 27 individuals eligible for appointment as deputy assessor. In 28 order to be appointed to the position of deputy assessor, 29 the deputy assessor shall comply with the continuing 30 education requirements. The number of credits required 31 for certification as eligible for appointment as a deputy 32 assessor in a jurisdiction other than where the deputy assessor 33 is currently serving shall be prorated according to the 34 percentage of the deputy assessor’s term which is covered by 35 -5- LSB 1126XS (5) 88 ss/jh 5/ 7
S.F. 49 the continuing education requirements of section 441.8 . The 1 credit necessary for certification for appointment is the 2 product of ninety multiplied by the quotient of the number 3 of months served of a deputy assessor’s term covered by the 4 continuing education requirements of section 441.8 divided by 5 seventy-two forty-eight . If the number of credits necessary 6 for certification for appointment as determined under this 7 subsection results in a partial credit hour, the credit hour 8 shall be rounded to the nearest whole number. 9 Sec. 7. Section 441.11, Code 2019, is amended to read as 10 follows: 11 441.11 Incumbent deputy assessors. 12 A deputy assessor shall be considered eligible to remain in 13 the deputy’s present position provided continuing education 14 requirements are met. To become eligible for another deputy 15 assessor position, a deputy assessor presently holding office 16 is required to obtain certification as provided for in sections 17 441.5 and 441.10 . The number of credit hours required for 18 certification as eligible for appointment as a deputy in a 19 jurisdiction other than where the deputy is currently serving 20 shall be prorated according to the completed portion of the 21 deputy’s six-year four-year continuing education period. 22 Sec. 8. APPLICABILITY. This Act applies to the office of 23 county assessor beginning with the general election in November 24 2020 and to the office of city assessor beginning with the 25 regular city election in November 2021. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill requires that county and city property assessors 30 stand for retention at the general election or regular city 31 election every four years. 32 Under the bill, county assessors may stand for retention at 33 the 2020 general election and every four years thereafter, and 34 city assessors may stand for retention at the 2021 regular city 35 -6- LSB 1126XS (5) 88 ss/jh 6/ 7
S.F. 49 election and every four years thereafter. 1 Under current law, an assessor serves a term of six years 2 and is required to complete certain continuing education 3 requirements during the term of office. Under the bill, 4 the terms of assessors are reduced to four years, and the 5 continuing education requirements are reduced proportionally. 6 Under current law, a county or city conference board 7 provides for the appointment and reappointment of county and 8 city assessors, respectively. Under the bill, an assessor 9 is only permitted to stand for retention at an election upon 10 receiving the approval of the conference board. 11 The bill makes corresponding changes related to the terms of 12 office for deputy assessors. 13 The bill applies to the office of county assessor beginning 14 with the general election in November 2020 and to the office 15 of city assessor beginning with the regular city election in 16 November 2021. 17 -7- LSB 1126XS (5) 88 ss/jh 7/ 7
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