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Current Legislative Issues
Updated: June 18, 2009
 
Bill Name
What it does
REALTORS® Stand
Status
Senate File 467

The IAR worked with legislators to delay the implementation date of mandatory septic tank inspections at time of transfer until July 1, 2010. The mandatory inspection language passed the legislature during the 2008 legislative session and was to become effective July 1, 2009. The 2009 effective date was intended to give the Department of Natural Resources time to implement administrative rules and regulations to establish requirements for the inspections and septic systems. However, the DNR administrative rules did not get approved until February of 2009 and left little time for the private sector and counties to review the requirements of the newly adopted rules.

The IAR wanted the effective date delayed until July 1, 2010, to ensure that there would be enough inspectors throughout the State. The IAR was neutral on the legislation mandating time of transfer septic inspections when it passed in 2008.

Support

Passed the House and Senate

Governor Line item vetoed extending the time of transfer mandate

House File 712 Private Cause of Action Legislation - This legislation would allow individuals to hire their own attorney and sue many types of businesses for consumer fraud. Initially this legislation exempted several types of licensed businesses (bankers, lawyers, insurance companies, engineers, etc.) but not real estate licensees.

The bill was amended significantly during the last few weeks of the legislative session, and included an exemption for real estate licensees. This was a significant victory for the REALTORS®.

Opposed, then neutral with real estate exemption amendment

Signed by Governor

Effective July 1, 2009

 

House File 477 This legislation states that the Department of Revenue and Finance shall ensure that the social security numbers or federal tax identification numbers on the declaration of value are kept confidential and cannot be obtained by the public.

Previously, this information could be obtained through the county by anyone seeking the information and created a liability issue for real estate licensees who handled the documents.

Support

Signed by Governor

Effective July 1, 2009

House Study Bill 156 This bill requires that if a lease of real estate is made for the purpose of erecting a building or making improvements to the real estate by a person other than the owner of the land, memorandum of the lease shall be filed by the lessee with the county recorder not later than 60 days after the execution of the lease.
Oppose

Failed First Funnel Deadline

 

Senate File 465

The legislation provides for an increase to the electronic transaction fee that County Recorder’s charge to maintain the county land record information system. The charge will be used for the cost of removing social security numbers from the public website and getting the system back online. The charge is currently $1 per document and the legislation would increase the fee to $3 per document from July 1, 2009 until June 30, 2011. The legislation was amended to remove the additional fee of $1 per document after July 1, 2011.

Neutral

 

Signed by Governor

Effective July 1, 2009

Senate File 213/ House File 448 An Act requiring testing and abatement of lead hazards, requiring inspections of homes built before 1978 for lead hazards prior to sale, establishing a childhood lead poisoning prevention and control committee, and providing a penalty.
Oppose
Failed First Funnel Deadline

Senate File 458
This bill allows cities to establish districts and schedules of fees for the connection of property to storm water drainage system utilities using the same procedure and requirements that currently exist for city sewer and water utility districts.

The IAR opposes any new construction impact fees or tax legislation.

Oppose
Passed Senate, not considered in House
House File 534 This bill requires a health care provider who performs blood lead testing on a child and confirms that the child has elevated blood lead levels to report the results of the test and the child's home address to the county assessor's office. The county assessor is required to keep a public registry of all addresses that have been reported.

The owner of a dwelling unit which is listed on the registry may have the unit removed from the registry upon providing proof of inspection by a certified lead inspector certifying that the dwelling unit has passed a lead hazard test.

Oppose
Failed First Funnel Deadline
  Governor Culver recommended a $50 million dollar cut to the Homestead Property Tax Credit in his budget proposal for FY 2010. The Homestead Credit was funded at $99.3 million the last several years and under the Governor’s proposal it would only be funded at $49.3 million.

The Legislature fully funded the Homestead Property Tax Credit instead of adopting the Governor’s recommendation.


Opposed Governor’s recommendation

Senate Study Bill 1194/ House Study Bill 182
The legislation mandates homeowners who live in a five hundred year flood plain to purchase flood insurance as of July 1, 2010. A homeowner living in a five hundred year flood plain that does not have flood insurance after this date will not be eligible to receive any flood disaster-related financial assistance from the state.

The IAR opposed this legislation due to concerns as to how homeowner’s will be notified they must obtain flood insurance, the cost of the flood insurance to homeowner’s, and also on the availability and accuracy of the flood maps.

Oppose

Failed First Funnel
House File 661 A bill abolishing the statewide property assessment appeal board.

The REALTORS® support the Statewide Assessment Appeal Board and were a part of the coalition supporting the legislation that established the Board two years ago.

Oppose

Failed

Senate File 184 Requires that the seller’s disclosure form include the annual utility costs billed to real property.
Oppose

Failed First Funnel Deadline

Senate File 340 The new law improves Iowa’s sex offender laws in several ways:
• First, it moves Iowa closer to compliance with the registration requirements of the federal Adam Walsh Act, and it provides law enforcement agencies with more tools to keep tabs on individuals who have proved by their past offenses to be a danger to others.
• Second, the law imposes more effective limits on the movement and location of sex offenders – maintaining the restrictions regarding where the most serious offenders can live, and adding exclusionary zones to regulate where all sex offenders who have committed crimes against children can move about during the day. This reflects the principle that it makes more sense to focus resources on what sex offenders are doing while they are awake than on where they may sleep.
• Third, being more selective about which offenders are subject to the 2000-foot rule is likely to foster increased compliance with the registration requirements.
Support

Signed by Governor

Effective July 1, 2009

Senate Study Bill 1308 The bill allows local municipalities to increase local franchise fees and also creates new taxing authority at the local level for the following: income tax, hotel/motel tax, entertainment tax and cigarette tax.

The legislation allowed for significant local tax increases and only 75% of the new fees and taxes would be designated for property tax reduction.

This bill failed to receive the legislature’s approval; however the franchise fee portion of the bill was added to the Standings bill in the last days of the session and was approved and signed by the Governor. This language will allow cities to impose a new local franchise fees.

Oppose

Bill failed, but franchise fees were adopted and signed by the Governor - will become effective July 1, 2009

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