Text: S03448 Text: S03450 Text: S03400 - S03499 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 337, as passed by the Senate, as 1 2 follows: 1 3 #1. Page 1, by inserting before line 1 the 1 4 following: 1 5 "Section 1. Section 555B.1, subsection 2, Code 1 6 1999, is amended to read as follows: 1 7 2. "Claimant" includes but is not limited to any 1 8 government subdivision with authority to levy a tax on 1 9 abandoned personal property. "Claimant" also includes 1 10 a holder of a lien as defined in section 555B.2. 1 11 #2. Page 1, by inserting before line 1 the 1 12 following: 1 13 "Sec. . Section 555C.2, Code 1999, is amended 1 14 to read as follows: 1 15 555C.2 REMOVAL OR TRANSFER OF TITLE OF VALUELESS 1 16 HOME – PRESUMPTION OF VALUE. 1 17 1. An owner of a mobile home park may remove, or 1 18 cause to be removed, from the mobile home park a 1 19 valueless home and personal property associated with 1 20 the home at any time following a determination of 1 21 abandonment by the mobile home park owner in 1 22 accordance with section 562B.27, subsection 1, and an 1 23 order of removal pursuant to chapter 648 without 1 24 further notice to the owner or occupant of the 1 25 valueless home. Within ten days of the removal or 1 26 transfer of title, the mobile home park owner shall 1 27 give written notice to the county treasurer for the 1 28 county in which the mobile home park is located by 1 29 affidavit which shall include a description of the 1 30 valueless home, its owner or occupant, if known, the 1 31 date of removal or transfer of title, and if 1 32 applicable, the name and address of any third party to 1 33 whom a new title shall be issued. 1 34 2. A valueless home and any personal property 1 35 associated with the valueless home shall be 1 36 conclusively deemed in value to be equal to or less 1 37 than the reasonable cost of disposal plus all sums 1 38 owing to the mobile home park owner pertaining to the 1 39 valueless home, if the mobile home park owner or an 1 40 agent of the owner removes the home and personal 1 41 property to a demolisher, sanitary landfill, or other 1 42 lawful disposal site or if the mobile home park owner 1 43 allows a disinterested third party to remove the 1 44 valueless home and personal property or to leave the 1 45 home in the mobile home park in a transaction in which 1 46 the mobile home park owner receives no consideration. 1 47 Sec. . Section 555C.3, Code 1999, is amended to 1 48 read as follows: 1 49 555C.3 NEW TITLE – THIRD PARTY. 1 50 If a new title to a valueless home is to be issued 2 1 to a third partywho is removing a valueless home, the 2 2 county treasurer shall issue, upon receipt of the 2 3 affidavit required in section 555C.2, a new title upon 2 4 payment of a fee equal to the fee specified in section 2 5 321.42 for replacement certificates of title for 2 6 vehicles. Any tax lien levied pursuant to chapter 435 2 7 is canceled and the ownership interest of the previous 2 8 owner or occupant of the valueless home is terminated 2 9 as of the date of issuance of the new title. The new 2 10 title owner shall take the title free of all rights 2 11 and interests even though the mobile home park owner 2 12 fails to comply with the requirements of this chapter 2 13 or any judicial proceedings, if the new title owner 2 14 acts in good faith. 2 15 Sec. . Section 555C.5, Code 1999, is amended to 2 16 read as follows: 2 17 555C.5 LIABILITY LIMITED. 2 18 A person who removes or allows the removal of a 2 19 valueless home or transfers title or allows the 2 20 transfer of title of a valueless home as provided in 2 21 this chapter is not liable to the previous owner of 2 22 the valueless home due to the removal or transfer of 2 23 title of the valueless home." 2 24 #3. Page 3, line 17, by inserting after the word 2 25 "services." the following: "This subsection shall not 2 26 apply to a tenant who does not own the mobile home." 2 27 #4. Page 3, by inserting after line 17 the 2 28 following: 2 29 "Sec. . Section 562B.27, subsection 2, 2 30 paragraph a, Code 1999, is amended to read as follows: 2 31 a. If a tenant abandons a mobile home on a mobile 2 32 home space, the landlord shall notify the mobile home 2 33 owner or other claimant of the mobile home and 2 34 communicate to that person that the person is liable 2 35 for any costs incurred for the mobile home space, 2 36 including rent and utilities due and owing. A 2 37 claimant includes a holder of a lien as defined in 2 38 section 555B.2. However, the person is only liable 2 39 for costs incurred ninety days before the landlord's 2 40 communication. After the landlord's communication, 2 41 costs for which liability is incurred shall then 2 42 become the responsibility of the mobile home owner or 2 43 other claimant of the mobile home. The mobile home 2 44 shall not be removed from the mobile home space 2 45 without a signed written agreement from the landlord 2 46 showing clearance for removal, and that all debts are 2 47 paid in full, or an agreement reached with the mobile 2 48 home owner or other claimant and the landlord." 2 49 #5. Title page, line 3, by inserting after the 2 50 word "facilities," the following: "issuing new titles 3 1 for valueless homes to third parties,". 3 2 #6. By renumbering, relettering, or redesignating 3 3 and correcting internal references as necessary. 3 4 SF 337H 3 5 sc/jg/25
Text: S03448 Text: S03450 Text: S03400 - S03499 Text: S Index Bills and Amendments: General Index Bill History: General Index
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