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Senate File 2400

Partial Bill History

Bill Text

PAG LIN
  1  1                                             SENATE FILE 2400
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE POWERS AND DUTIES OF COUNTY TREASURERS,
  1  5    REMOVAL OR SALE OF A MOBILE HOME OR MANUFACTURED HOME, 
  1  6    AND INCLUDING A RETROACTIVE APPLICABILITY DATE PROVISION.
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1  9 
  1 10    Section 1.  Section 161A.35, subsection 2, Code 1997, is
  1 11 amended to read as follows:
  1 12    2.  To pay such assessments in not less than ten nor more
  1 13 than forty equal installments, the number to be fixed by the
  1 14 governing body of the subdistrict and interest at the rate
  1 15 fixed by the governing body of the subdistrict, not exceeding
  1 16 that permitted by chapter 74A.  The first installment of each
  1 17 assessment shall become due and payable at the October
  1 18 September semiannual tax paying date after the date of filing
  1 19 such agreement, unless the agreement is filed with the county
  1 20 auditor treasurer less than thirty ninety days prior to such
  1 21 October September semiannual tax paying date, in that event,
  1 22 the first installment shall become due and payable at the next
  1 23 succeeding October September semiannual tax paying date.  The
  1 24 second and each subsequent installment shall become due and
  1 25 payable at the October September semiannual tax paying date
  1 26 each year thereafter.  All such installments shall be
  1 27 collected with interest accrued on the unpaid balance to the
  1 28 October September semiannual tax paying date and as other
  1 29 taxes on real estate, with like penalty for delinquency.
  1 30    Sec. 2.  Section 176A.14, subsection 5, Code Supplement
  1 31 1997, is amended to read as follows:
  1 32    5.  Each of the officers of the extension council shall
  1 33 perform and carry out the officer's duties as provided in this
  1 34 section and shall perform and carry out any other duties as
  1 35 required by rules adopted by the extension council as
  2  1 authorized in this chapter.  A member of the extension
  2  2 council, within fifteen days after the member's election,
  2  3 shall take and sign the usual oath of public officers which
  2  4 shall be filed in the office of the county auditor of the
  2  5 county of the extension district.  The treasurer of the
  2  6 extension council, within ten days after being elected and
  2  7 before entering upon the duties of the office, shall execute
  2  8 to the extension council a corporate surety bond for an amount
  2  9 not less than twenty thousand dollars.  The bond shall be
  2 10 continued until the treasurer faithfully discharges the duties
  2 11 of the office.  The bond shall be filed with the county
  2 12 auditor of the county of the extension district.  The county
  2 13 auditor shall notify the chairperson of the extension council
  2 14 of the approval by the county treasurer and of the bond's
  2 15 filing in the auditor's office.  The cost of the surety bond
  2 16 shall be paid for by the extension council.
  2 17    Sec. 3.  Section 309.55, Code 1997, is amended to read as
  2 18 follows:
  2 19    309.55  TERMINATING INTEREST.
  2 20    When the accruing funds in the hands of the county
  2 21 treasurer, for a year covered by anticipatory certificates,
  2 22 are sufficient to pay the first retirable certificate or
  2 23 certificates, the county treasurer shall, by mail, as shown by
  2 24 the county treasurer's records, promptly notify the holder of
  2 25 such certificate of such fact, and thirty ten days from and
  2 26 after the mailing of such letter all interest on such
  2 27 certificates shall cease.
  2 28    Sec. 4.  Section 311.17, Code 1997, is amended to read as
  2 29 follows:
  2 30    311.17  ASSESSMENTS OVER TEN DOLLARS – WAIVER.
  2 31    1.  If an owner other than the state or a county or city,
  2 32 of any tracts of land on which the assessment is more than ten
  2 33 one hundred dollars, shall, within twenty days from the date
  2 34 of the assessment, agree in writing filed in the office of the
  2 35 county auditor, that in consideration of the owner having the
  3  1 right to pay the assessment in installments, the owner will
  3  2 not make any objection of illegality or irregularity as to the
  3  3 assessment upon the real estate, and will pay the assessment
  3  4 plus interest, the assessment shall be payable in ten equal
  3  5 installments.  The first installment shall be payable on the
  3  6 date of the agreement.  The other installments with interest
  3  7 on the whole amount unpaid shall be paid annually at the same
  3  8 time and in the same manner as the September semiannual
  3  9 payment of ordinary taxes with interest accruing as provided
  3 10 in section 384.65, subsection 3.  The rate of interest shall
  3 11 be as established by the board, but not exceeding that
  3 12 permitted by chapter 74A.
  3 13    2.  An owner of land who has used said the ten-year option
  3 14 may at any time discharge the assessment by paying the balance
  3 15 then due on all unpaid installments, with interest on the
  3 16 entire amount of the unpaid installments for thirty days in
  3 17 advance to the following December 1.
  3 18    Sec. 5.  Section 311.18, Code 1997, is amended to read as
  3 19 follows:
  3 20    311.18  ASSESSMENT DELINQUENT – INTEREST.
  3 21    The assessed taxes shall become delinquent from October 1
  3 22 after their maturity unless the last day of September is a
  3 23 Saturday or Sunday, in which case the taxes become delinquent
  3 24 from the following Tuesday including those instances when the
  3 25 last day of September is a Saturday or Sunday, shall bear the
  3 26 same interest, and be attended with the same rights and
  3 27 remedies for collection, as ordinary taxes.
  3 28    Sec. 6.  Section 311.19, unnumbered paragraph 1, Code 1997,
  3 29 is amended to read as follows:
  3 30    Assessments of ten one hundred dollars or less against any
  3 31 tract of land, and assessments against lands owned by the
  3 32 state, county or city, shall be due and payable from the date
  3 33 of levy by the board of supervisors, or in the case of any
  3 34 appeal, from the date of final confirmation of the levy by the
  3 35 court.
  4  1    Sec. 7.  Section 317.21, subsection 1, Code 1997, is
  4  2 amended to read as follows:
  4  3    1.  Annually, after the weed commissioner has completed the
  4  4 program of destruction of weeds by reason of noncompliance by
  4  5 persons responsible for the destruction, the board of
  4  6 supervisors shall determine as to each tract of real estate
  4  7 the actual cost of labor and materials used by the
  4  8 commissioner in cutting, burning, or otherwise destroying the
  4  9 weeds, the cost of serving notice, and of special meetings or
  4 10 proceedings, if any.  To the total of all sums expended, the
  4 11 board shall add an amount equal to twenty-five percent of that
  4 12 total to compensate for the cost of supervision and
  4 13 administration and assess the resulting sum against the tract
  4 14 of real estate by a special tax, which shall be certified to
  4 15 the county auditor and county treasurer by the clerk of the
  4 16 board of supervisors, and shall be placed upon the tax books,
  4 17 and collected, with interest after delinquent, in the same
  4 18 manner as other unpaid taxes.  The tax shall be due on March 1
  4 19 after assessment, and shall be delinquent from April 1 after
  4 20 due unless the last day of March is a Saturday or Sunday, in
  4 21 which case the tax becomes delinquent from the following
  4 22 Tuesday, including those instances when the last day of March
  4 23 is a Saturday or Sunday.  When collected, the moneys shall be
  4 24 paid into the fund from which the costs were originally paid.
  4 25    Sec. 8.  Section 321.44A, Code Supplement 1997, is amended
  4 26 to read as follows:
  4 27    321.44A  VOLUNTARY CONTRIBUTION – ANATOMICAL GIFT PUBLIC
  4 28 AWARENESS AND TRANSPLANTATION FUND – AMOUNT RETAINED BY
  4 29 COUNTY TREASURER.
  4 30    For each application for registration or renewal, the
  4 31 county treasurer or the department shall request through use
  4 32 of a written form, and, if the application is made in person,
  4 33 through verbal communication, that an applicant make a
  4 34 voluntary contribution of one dollar or more to the anatomical
  4 35 gift public awareness and transplantation fund established
  5  1 pursuant to section 142C.15.  Ninety-five One hundred percent
  5  2 of the moneys collected by the county and one hundred percent
  5  3 of the moneys collected by the department in the form of
  5  4 contributions shall be remitted to the treasurer of state for
  5  5 deposit in the fund to be used for the purposes specified for
  5  6 the fund.  The remaining However, up to five percent shall of
  5  7 the moneys collected by the county may be retained by the
  5  8 county treasurer for deposit in the general fund of the
  5  9 county.  The director shall adopt rules to administer this
  5 10 section.
  5 11    Sec. 9.  Section 331.502, subsection 10, Code 1997, is
  5 12 amended to read as follows:
  5 13    10.  Notify the chairperson of the county agricultural
  5 14 extension education council when the bond of the council
  5 15 treasurer has been approved and filed as provided in section
  5 16 176A.14.
  5 17    Sec. 10.  Section 335.30A, Code Supplement 1997, is amended
  5 18 to read as follows:
  5 19    335.30A  LAND-LEASED COMMUNITIES.
  5 20    A county shall not adopt or enforce zoning or subdivision
  5 21 regulations or other ordinances which disallow or make
  5 22 infeasible the plans and specifications of land-leased
  5 23 communities solely because the housing within the land-leased
  5 24 community will be modular or manufactured housing.
  5 25    "Land-leased community" means any site, lot, field, or
  5 26 tract of land under common ownership upon which ten or more
  5 27 occupied manufactured homes or modular homes are harbored,
  5 28 either free of charge or for revenue purposes, and shall
  5 29 include any building, structure, or enclosure used or intended
  5 30 for use as part of the equipment of the land-leased community.
  5 31 The term "land-leased community" shall not be construed to
  5 32 include homes, buildings, or other structures temporarily
  5 33 maintained by any individual, educational institution, or
  5 34 company on their own premises and used exclusively to house
  5 35 their own labor or students.  A manufactured home located in a
  6  1 land-leased community shall be taxed under section 435.22 as
  6  2 if the manufactured home were located in a mobile home park.
  6  3    Sec. 11.  Section 384.47, subsection 1, Code 1997, is
  6  4 amended to read as follows:
  6  5    1.  A description and parcel number of each lot and the
  6  6 name of the property owner.
  6  7    Sec. 12.  Section 384.60, subsection 1, paragraph b, Code
  6  8 Supplement 1997, is amended to read as follows:
  6  9    b.  State the number of annual installments, not exceeding
  6 10 fifteen, into which assessments of fifty one hundred dollars
  6 11 or more are divided.
  6 12    Sec. 13.  Section 384.60, subsection 2, Code Supplement
  6 13 1997, is amended to read as follows:
  6 14    2.  On or before the second publication of the notice, the
  6 15 clerk shall send by mail to each property owner whose property
  6 16 is subject to assessment for the improvement, as shown by the
  6 17 records in the office of the county auditor, a copy of the
  6 18 notice.  The notice shall also include a statement in
  6 19 substance that assessments may be paid in full or in part
  6 20 without interest within thirty days after the date of the
  6 21 first notice of the final assessment schedule, and thereafter
  6 22 all unpaid special assessments bear interest at the rate
  6 23 specified by the council, but not exceeding that permitted by
  6 24 chapter 74A, computed to the December 1 next following the due
  6 25 dates of the respective installments as provided in section
  6 26 384.65, subsection 3, and each installment will be delinquent
  6 27 from October 1 following its due date, unless including those
  6 28 instances when the last day of September is a Saturday or
  6 29 Sunday, in which case the installment becomes delinquent from
  6 30 the following Tuesday, and will draw additionally the same
  6 31 delinquent interest as ordinary taxes.  The notice shall also
  6 32 state substantially that property owners may elect to pay any
  6 33 installment semiannually in advance.  If a property is shown
  6 34 by the records to be in the name of more than one owner at the
  6 35 same mailing address, a single notice may be mailed to all
  7  1 owners at that address.  Failure to receive a mailed notice is
  7  2 not a defense to the special assessment or interest due on the
  7  3 special assessment.
  7  4    Sec. 14.  Section 384.65, subsection 4, Code 1997, is
  7  5 amended to read as follows:
  7  6    4.  Each installment of an assessment with interest on the
  7  7 unpaid balance is delinquent from October 1 after its due
  7  8 date, unless including those instances when the last day of
  7  9 September is a Saturday or Sunday, in which case the
  7 10 installment becomes delinquent from the following Tuesday, and
  7 11 bears the same delinquent interest as ordinary taxes.  When
  7 12 collected, the interest must be credited to the same fund as
  7 13 the special assessment.
  7 14    Sec. 15.  Section 384.84, Code Supplement 1997, is amended
  7 15 by adding the following new subsection:
  7 16    NEW SUBSECTION.  8.  For the purposes of this section,
  7 17 "premises" includes a mobile home, modular home, or
  7 18 manufactured home as defined in section 435.1, when the mobile
  7 19 home, modular home, or manufactured home is taxed as real
  7 20 estate.
  7 21    Sec. 16.  Section 414.28A, Code Supplement 1997, is amended
  7 22 to read as follows:
  7 23    414.28A  LAND-LEASED COMMUNITIES.
  7 24    A city shall not adopt or enforce zoning or subdivision
  7 25 regulations or other ordinances which disallow or make
  7 26 infeasible the plans and specifications of land-leased
  7 27 communities solely because the housing within the land-leased
  7 28 community will be modular or manufactured housing.
  7 29    "Land-leased community" means any site, lot, field, or
  7 30 tract of land under common ownership upon which ten or more
  7 31 occupied manufactured homes or modular homes are harbored,
  7 32 either free of charge or for revenue purposes, and shall
  7 33 include any building, structure, or enclosure used or intended
  7 34 for use as part of the equipment of the land-leased community.
  7 35 The term "land-leased community" shall not be construed to
  8  1 include homes, buildings, or other structures temporarily
  8  2 maintained by any individual, educational institution, or
  8  3 company on their own premises and used exclusively to house
  8  4 their own labor or students.  A manufactured home located in a
  8  5 land-leased community shall be taxed under section 435.22 as
  8  6 if the manufactured home were located in a mobile home park.
  8  7    Sec. 17.  Section 435.1, subsection 1, Code Supplement
  8  8 1997, is amended to read as follows:
  8  9    1.  "Home" means a mobile home, or a manufactured home, or
  8 10 a modular home.
  8 11    Sec. 18.  Section 435.1, subsection 4, Code Supplement
  8 12 1997, is amended to read as follows:
  8 13    4.  "Mobile home park" means a site, lot, field, or tract
  8 14 of land upon which three or more mobile homes, or manufactured
  8 15 homes, or modular homes, or a combination of any of these
  8 16 homes are placed on developed spaces and operated as a for-
  8 17 profit enterprise with water, sewer or septic, and electrical
  8 18 services available.
  8 19    Sec. 19.  Section 435.22, unnumbered paragraph 1, Code
  8 20 1997, is amended to read as follows:
  8 21    The owner of each mobile home, or manufactured home, or
  8 22 modular home, located within a mobile home park shall pay to
  8 23 the county treasurer an annual tax.  However, when the owner
  8 24 is any educational institution and the home is used solely for
  8 25 student housing or when the owner is the state of Iowa or a
  8 26 subdivision of the state, the owner shall be exempt from the
  8 27 tax.  The annual tax shall be computed as follows:
  8 28    Sec. 20.  Section 435.26, subsection 1, paragraph a, Code
  8 29 1997, is amended to read as follows:
  8 30    a.  A mobile home, modular home, or manufactured home which
  8 31 is located outside a mobile home park shall be converted to
  8 32 real estate by being placed on a permanent foundation and
  8 33 shall be assessed for real estate taxes.  A home, after
  8 34 conversion to real estate, is eligible for the homestead tax
  8 35 credit and the military tax exemption as provided in sections
  9  1 425.2 and 427.3.
  9  2    Sec. 21.  Section 435.26, Code 1997, is amended by adding
  9  3 the following new subsection:
  9  4    NEW SUBSECTION.  3.  When the property is entered on the
  9  5 tax rolls, the assessor shall also enter on the tax rolls the
  9  6 title number last assigned to the mobile home, modular home,
  9  7 or manufactured home and the manufacturer's identification
  9  8 number.
  9  9    Sec. 22.  Section 435.27, subsection 1, Code 1997, is
  9 10 amended to read as follows:
  9 11    1.  A mobile home, or manufactured home, or modular home
  9 12 converted to real estate under section 435.26 may be
  9 13 reconverted to a home as provided in this section when it is
  9 14 moved to a mobile home park or a dealer's inventory.  When the
  9 15 home is located within a mobile home park, the home shall be
  9 16 taxed pursuant to section 435.22, subsection 1.
  9 17    Sec. 23.  Section 435.29, Code 1997, is amended to read as
  9 18 follows:
  9 19    435.29  CIVIL PENALTY.
  9 20    The person who moves the mobile home, or manufactured home,
  9 21 or modular home without having obtained a tax clearance
  9 22 statement as provided in section 435.24 shall pay a civil
  9 23 penalty of one hundred dollars.  The penalty money shall be
  9 24 credited to the general fund of the county.
  9 25    Sec. 24.  NEW SECTION.  435.34  MODULAR HOME EXEMPTION.
  9 26    For the purposes of this chapter a modular home shall not
  9 27 be construed to be a mobile home and shall be exempt from the
  9 28 provisions of this chapter.  However, this section shall not
  9 29 prohibit the location of a modular home within a mobile home
  9 30 park.
  9 31    This section does not apply to mobile home parks in
  9 32 existence on or before January 1, 1998.  If a modular home is
  9 33 placed in a mobile home park which was in existence on or
  9 34 before January 1, 1998, that modular home shall be subject to
  9 35 property tax pursuant to section 435.22.
 10  1    Sec. 25.  Section 435.35, Code 1997, is amended to read as
 10  2 follows:
 10  3    435.35  EXISTING HOME OUTSIDE OF MOBILE HOME PARK –
 10  4 EXEMPTION.
 10  5    A taxable mobile home, or manufactured home, or modular
 10  6 home which is not located in a mobile home park as of January
 10  7 1, 1995, shall be assessed and taxed as real estate.  The home
 10  8 is also exempt from the permanent foundation requirements of
 10  9 this chapter until the home is relocated.
 10 10    Sec. 26.  Section 445.36, subsection 2, Code 1997, is
 10 11 amended to read as follows:
 10 12    2.  A demand of taxes is not necessary, but every person
 10 13 subject to taxation shall attend at the office of the county
 10 14 treasurer and pay the taxes either in full, or one-half of the
 10 15 taxes before September 1 succeeding the levy, and the
 10 16 remaining half before March 1 following.  However, if the
 10 17 first installment of taxes is delinquent and not paid as of
 10 18 February 15, the treasurer shall mail a notice to the taxpayer
 10 19 of the delinquency and the due date for the second
 10 20 installment.  Failure to receive a mailed notice is not a
 10 21 defense to the payment of the tax and any interest total
 10 22 amount due.  This section does not apply to special
 10 23 assessments, or rates or charges.
 10 24    Sec. 27.  Section 446.2, Code 1997, is amended to read as
 10 25 follows:
 10 26    446.2  NOTICE OF SALE.
 10 27    For each parcel sold, the county treasurer shall notify the
 10 28 party in whose name the parcel was taxed, according to the
 10 29 treasurer's records at the time of sale, that the parcel was
 10 30 sold at tax sale.  The notice of sale shall be sent by regular
 10 31 mail within fifteen days from the date of the annual tax sale
 10 32 or any adjourned tax sale.  Failure to receive a mailed notice
 10 33 is not a defense to payment of the total amount due.
 10 34    Sec. 28.  Section 446.9, subsection 4, Code Supplement
 10 35 1997, is amended to read as follows:
 11  1    4.  Notice required by subsections 1 and 3 shall be deemed
 11  2 completed when the notice is enclosed in a sealed envelope
 11  3 with the proper postage on the envelope, is addressed to the
 11  4 person entitled to receive it at the person's last known
 11  5 mailing address, and is deposited in a mail receptacle
 11  6 provided by the United States postal service.  Failure to
 11  7 receive a mailed notice is not a defense to the payment of the
 11  8 total amount due.
 11  9    Sec. 29.  Section 446.20, subsection 2, unnumbered
 11 10 paragraph 2, Code 1997, is amended to read as follows:
 11 11    Service of the notice shall also be made by mail on any
 11 12 mortgagee having a lien upon the parcel, a vendor of the
 11 13 parcel under a recorded contract of sale, a lessor who has a
 11 14 recorded lease or memorandum of a recorded lease, and any
 11 15 other person who has an interest of record, at the person's
 11 16 last known address, if the mortgagee, vendor, lessor, or other
 11 17 person has filed a request for notice, as prescribed in
 11 18 section 446.9, subsection 3, and on the state of Iowa in case
 11 19 of an old-age assistance lien by service upon the department
 11 20 of human services.  The notice shall also be served on any
 11 21 city where the parcel is situated.  Failure to receive a
 11 22 mailed notice is not a defense to the payment of the total
 11 23 amount due.
 11 24    Sec. 30.  Section 447.9, unnumbered paragraph 1, Code
 11 25 Supplement 1997, is amended to read as follows:
 11 26    After one year and nine months from the date of sale, or
 11 27 after nine months from the date of a sale made under section
 11 28 446.18 or 446.39, the holder of the certificate of purchase
 11 29 may cause to be served upon the person in possession of the
 11 30 parcel, and also upon the person in whose name the parcel is
 11 31 taxed, in the manner provided for the service of original
 11 32 notices in R.C.P. 56.1, if the person resides in Iowa, or
 11 33 otherwise as provided in section 446.9, subsection 1, a notice
 11 34 signed by the certificate holder or the certificate holder's
 11 35 agent or attorney, stating the date of sale, the description
 12  1 of the parcel sold, the name of the purchaser, and that the
 12  2 right of redemption will expire and a deed for the parcel be
 12  3 made unless redemption is made within ninety days from the
 12  4 completed service of the notice.  The notice shall be served
 12  5 by both regular mail and certified mail to the person's last
 12  6 known address and such notice is deemed completed when the
 12  7 notice by certified mail is deposited in the mail and
 12  8 postmarked for delivery.  The ninety-day redemption period
 12  9 begins as provided in section 447.12.  When the notice is
 12 10 given by a county as a holder of a certificate of purchase the
 12 11 notice shall be signed by the county treasurer or the county
 12 12 attorney, and when given by a city, it shall be signed by the
 12 13 city officer designated by resolution of the council.  When
 12 14 the notice is given by the Iowa finance authority or a city or
 12 15 county agency holding the parcel as part of an Iowa
 12 16 homesteading project, it shall be signed on behalf of the
 12 17 agency or authority by one of its officers, as authorized in
 12 18 rules of the agency or authority.
 12 19    Sec. 31.  NEW SECTION.  648.6  DELAYED VACATION – NOTICE
 12 20 TO LIENHOLDERS.
 12 21    In cases covered by chapter 562B, a plaintiff may preserve
 12 22 the option of consenting to delayed vacation of a premises as
 12 23 provided in section 648.22A, by sending a copy of the
 12 24 petition, prior to the date set for hearing, by certified or
 12 25 restricted certified mail to the county treasurer and to each
 12 26 lienholder whose name and address are of record in the office
 12 27 of the county treasurer of the county where the mobile home or
 12 28 manufactured home is located.
 12 29    Sec. 32.  NEW SECTION.  648.22A  EXECUTIONS INVOLVING
 12 30 MOBILE HOMES AND MANUFACTURED HOMES.
 12 31    1.  In cases covered by chapter 562B, upon expiration of
 12 32 three days from the date the judgment is entered pursuant to
 12 33 section 648.22, the defendant may elect to leave a mobile home
 12 34 or manufactured home and its contents in the mobile home park
 12 35 for up to thirty days provided all of the following occur:
 13  1    a.  The plaintiff consents and the plaintiff has complied
 13  2 with the provisions of section 648.6.
 13  3    b.  All utilities to the mobile home or manufactured home
 13  4 are disconnected prior to expiration of three days from the
 13  5 entry of judgment.  Payment of any reasonable costs incurred
 13  6 in disconnecting utilities is the responsibility of the
 13  7 defendant.
 13  8    2.  During the thirty-day period the defendant may have
 13  9 reasonable access to the home site to show the home to
 13 10 prospective purchasers, prepare the home for removal, or
 13 11 remove the home, provided that the defendant gives the
 13 12 plaintiff and sheriff at least twenty-four hours' notice prior
 13 13 to each exercise of the defendant's right of access.
 13 14    3.  During the thirty-day period the defendant shall not
 13 15 occupy the home or be present on the premises between the
 13 16 hours of seven p.m. and seven a.m.  A violation of this
 13 17 subsection shall be punishable as contempt.
 13 18    4.  If the defendant finds a purchaser of the home, who is
 13 19 a prospective tenant of the mobile home park, the provisions
 13 20 of section 562B.19, subsection 3, paragraph "c", shall apply.
 13 21    5.  If, within the thirty-day period, the home is not sold
 13 22 to an approved purchaser or removed from the mobile home park,
 13 23 all of the following shall occur:
 13 24    a.  The home, its contents, and any other property of the
 13 25 defendant remaining on the premises shall become the property
 13 26 of the plaintiff free and clear of all rights of the defendant
 13 27 to the property and of all liens, claims, or encumbrances of
 13 28 third parties, and any tax levied pursuant to chapter 435 may
 13 29 be abated by the board of supervisors.
 13 30    b.  Any money judgment against the defendant and in favor
 13 31 of the plaintiff relating to the previous tenancy shall be
 13 32 deemed satisfied.
 13 33    c.  The county treasurer, upon receipt of a fee equal to
 13 34 the fee specified in section 321.42 for replacement of
 13 35 certificates of title for motor vehicles, and upon receipt of
 14  1 an affidavit submitted by the plaintiff verifying that the
 14  2 home was not sold to an approved purchaser or removed within
 14  3 the time specified in this subsection, shall issue to the
 14  4 plaintiff a new title for the home.
 14  5    6.  A purchaser of the home shall be liable for any unpaid
 14  6 sums due the plaintiff, sheriff, or county treasurer.  For the
 14  7 purposes of this section, "purchaser" includes a lienholder or
 14  8 other claimant acquiring title to the home in whole or in part
 14  9 by reason of a lien or other claim.
 14 10    7.  A mobile home or manufactured home shall not be removed
 14 11 without the prior payment to the plaintiff of all sums owing
 14 12 at the time of entry of judgment, interest accrued on such
 14 13 sums as provided by law, and per diem rent for that portion of
 14 14 the thirty-day period which has expired prior to removal, and
 14 15 payment of any taxes due on the home which are not abated
 14 16 pursuant to subsection 5.
 14 17    Sec. 33.  RETROACTIVE APPLICABILITY.  Sections 10, 16
 14 18 through 20, and 22 through 25 of this Act apply retroactively
 14 19 to the assessment year beginning January 1, 1998, and all
 14 20 subsequent assessment years.  
 14 21 
 14 22 
 14 23                                                             
 14 24                               MARY E. KRAMER
 14 25                               President of the Senate
 14 26 
 14 27 
 14 28                                                             
 14 29                               RON J. CORBETT
 14 30                               Speaker of the House
 14 31 
 14 32    I hereby certify that this bill originated in the Senate and
 14 33 is known as Senate File 2400, Seventy-seventh General Assembly.
 14 34 
 14 35 
 15  1                                                             
 15  2                               MARY PAT GUNDERSON
 15  3                               Secretary of the Senate
 15  4 Approved                , 1998
 15  5 
 15  6 
 15  7                         
 15  8 TERRY E. BRANSTAD
 15  9 Governor
     

Text: SF02399                           Text: SF02401
Text: SF02400 - SF02499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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