Text: S05482 Text: S05484 Text: S05400 - S05499 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2400, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. By striking page 5, line 8, through page 6, 1 4 line 2. 1 5 #2. Page 6, by striking lines 9 and 10 and 1 6 inserting the following: "communitiessolelybecause 1 7 the housing within the land-leased community will be 1 8modular ormanufactured housing." 1 9 #3. Page 6, line 21, by inserting after the word 1 10 "students." the following: "A manufactured home 1 11 located in a land-leased community shall be taxed 1 12 under section 435.22 as if the manufactured home were 1 13 located in a mobile home park." 1 14 #4. Page 8, by striking lines 11 and 12 and 1 15 inserting the following: "communitiessolelybecause 1 16 the housing within the land-leased community will be 1 17modular ormanufactured housing." 1 18 #5. Page 8, line 23, by inserting after the word 1 19 "students." the following: "A manufactured home 1 20 located in a land-leased community shall be taxed 1 21 under section 435.22 as if the manufactured home were 1 22 located in a mobile home park." 1 23 #6. Page 8, by inserting after line 23 the 1 24 following: 1 25 "Sec. ___ . Section 435.1, subsection 1, Code 1 26 Supplement 1997, is amended to read as follows: 1 27 1. "Home" means a mobile home,or a manufactured 1 28 home, or a modular home." 1 29 #7. Page 12, by striking lines 18 and 19 and 1 30 inserting the following: "by both regular mail and 1 31 certified mail to the person's last known address and 1 32 such notice is deemed completed when the notice by 1 33 certified mail is deposited in the". 1 34 #8. Page 12, by inserting after line 30 the 1 35 following: 1 36 "Sec. ___. NEW SECTION. 648.6 DELAYED VACATION 1 37 – NOTICE TO LIEN HOLDERS. 1 38 In cases covered by chapter 562B, a plaintiff may 1 39 preserve the option of consenting to delayed vacation 1 40 of a premises as provided in section 648.22A, by 1 41 sending a copy of the petition, prior to the date set 1 42 for hearing, by certified or restricted certified mail 1 43 to the county treasurer and to each lienholder whose 1 44 name and address are of record in the office of the 1 45 county treasurer of the county where the mobile home 1 46 or manufactured home is located. 1 47 Sec. ___. NEW SECTION. 648.22A EXECUTIONS 1 48 INVOLVING MOBILE HOMES AND MANUFACTURED HOMES. 1 49 1. In cases covered by chapter 562B, upon 1 50 expiration of three days from the date the judgment is 2 1 entered pursuant to section 648.22, the defendant may 2 2 elect to leave a mobile home or manufactured home and 2 3 its contents in the mobile home park for up to thirty 2 4 days provided all of the following occur: 2 5 a. The plaintiff consents and the plaintiff has 2 6 complied with the provisions of section 648.6. 2 7 b. All utilities to the mobile home or 2 8 manufactured home are disconnected prior to expiration 2 9 of three days from the entry of judgment. Payment of 2 10 any reasonable costs incurred in disconnecting 2 11 utilities is the responsibility of the defendant. 2 12 2. During the thirty-day period the defendant may 2 13 have reasonable access to the home site to show the 2 14 home to prospective purchasers, prepare the home for 2 15 removal, or remove the home, provided that the 2 16 defendant gives the plaintiff and sheriff at least 2 17 twenty-four hours notice prior to each exercise of the 2 18 defendant's right of access. 2 19 3. During the thirty-day period the defendant 2 20 shall not occupy the home or be present on the 2 21 premises between the hours of seven p.m. and seven 2 22 a.m. A violation of this subsection shall be 2 23 punishable as contempt. 2 24 4. If the defendant finds a purchaser of the home, 2 25 who is a prospective tenant of the mobile home park, 2 26 the provisions of section 562B.19, subsection 3, 2 27 paragraph "c", shall apply. 2 28 5. If, within the thirty-day period, the home is 2 29 not sold to an approved purchaser or removed from the 2 30 mobile home park, all of the following shall occur: 2 31 a. The home, its contents, and any other property 2 32 of the defendant remaining on the premises shall 2 33 become the property of the plaintiff free and clear of 2 34 all rights of the defendant to the property and of all 2 35 liens, claims, or encumbrances of third parties, and 2 36 any tax levied pursuant to chapter 435 may be abated 2 37 by the board of supervisors. 2 38 b. Any money judgment against the defendant and in 2 39 favor of the plaintiff relating to the previous 2 40 tenancy shall be deemed satisfied. 2 41 c. The county treasurer, upon receipt of a fee 2 42 equal to the fee specified in section 321.42 for 2 43 replacement of certificates of title for motor 2 44 vehicles, and upon receipt of an affidavit submitted 2 45 by the plaintiff verifying that the home was not sold 2 46 to an approved purchaser or removed within the time 2 47 specified in this subsection, shall issue to the 2 48 plaintiff a new title for the home. 2 49 6. A purchaser of the home shall be liable for any 2 50 unpaid sums due the plaintiff, sheriff, or county 3 1 treasurer. For the purposes of this section, 3 2 "purchaser" includes a lienholder or other claimant 3 3 acquiring title to the home in whole or in part by 3 4 reason of a lien or other claim. 3 5 7. A mobile home or manufactured home shall not be 3 6 removed without the prior payment to the plaintiff of 3 7 all sums owing at the time of entry of judgment, 3 8 interest accrued on such sums as provided by law, and 3 9 per diem rent for that portion of the thirty-day 3 10 period which has expired prior to removal, and payment 3 11 of any taxes due on the home which are not abated 3 12 pursuant to subsection 5." 3 13 #9. Page 12, by striking lines 31 through 33. 3 14 #10. Page 12, by striking lines 34 and 35 and 3 15 inserting the following: 3 16 "Sec. 33. RETROACTIVE APPLICABILITY. Sections 12, 3 17 18 through 21, and 23 through 26 of this Act apply 3 18 retroactively". 3 19 #11. Title page, line 1, by inserting after the 3 20 word "treasurers" the following: ", removal or sale 3 21 of a mobile home or manufactured home,". 3 22 #12. Title page, line 2, by striking the words "an 3 23 applicability" and inserting the following: "a 3 24 retroactive applicability". 3 25 #13. By renumbering, relettering, or redesignating 3 26 and correcting internal references as necessary. 3 27 SF 2400H 3 28 sc/pk/25
Text: S05482 Text: S05484 Text: S05400 - S05499 Text: S Index Bills and Amendments: General Index Bill History: General Index
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