Text: H02061 Text: H02063 Text: H02000 - H02099 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 762 as follows: 1 2 #1. Page 1, line 23, by inserting after the word 1 3 "infrastructure" the following: "and assets". 1 4 #2. Page 2, line 7, by striking the word "active". 1 5 #3. Page 10, by striking lines 2 through 11 and 1 6 inserting the following: 1 7 "NEW SUBSECTION. 2A. Conduct and maintain a 1 8 statewide risk assessment of any present or potential 1 9 danger to the public health from biological agents. 1 10 For this purpose, an employee or agent of the 1 11 department may enter into and examine any premises 1 12 containing potentially dangerous biological agents. 1 13 However, the owner or person in charge of the premises 1 14 shall be notified. If the owner or person in charge 1 15 refuses admittance, the department may obtain 1 16 administrative search warrants under section 808.14. 1 17 Based upon findings of the risk assessment and 1 18 examination of the premises, the director may order 1 19 safeguards or take any other action necessary to 1 20 protect the public health pursuant to rules adopted to 1 21 implement this subsection." 1 22 #4. Page 10, by inserting after line 24, the 1 23 following: 1 24 "Sec. 100. DEFINITION MILITARY SERVICE. For 1 25 the purposes of sections 100 through 106, "military 1 26 service" means full-time active state service, as 1 27 defined in section 29A.1, or full-time state active 1 28 duty, as defined in section 29A.1, for a period of at 1 29 least ninety consecutive days. 1 30 Sec. 101. EVICTION OR DISTRESS DURING MILITARY 1 31 SERVICE STAY PENALTY FOR NONCOMPLIANCE 1 32 ALLOTMENT OF PAY FOR PAYMENT. 1 33 1. No eviction or distress shall be made during 1 34 the period of military service in respect of any 1 35 premises for which the agreed rent does not exceed one 1 36 thousand two hundred dollars per month, occupied 1 37 chiefly for dwelling purposes by the spouse, child, or 1 38 other dependent of a person in military service, 1 39 except upon leave of court granted upon application or 1 40 granted in an action or proceeding affecting the right 1 41 of possession. 1 42 2. On any such application as provided in 1 43 subsection 1, or in any such action as provided in 1 44 subsection 1, the court may, in its discretion, on its 1 45 own motion, and shall, on application, unless in the 1 46 opinion of the court the ability of the tenant to pay 1 47 the agreed rent is not materially affected by reason 1 48 of such military service, stay the proceedings for not 1 49 longer than three months. Where such stay is granted 1 50 or other order is made by the court, the owner of the 2 1 premises shall be entitled, upon application, to 2 2 relief in respect of such premises similar to that 2 3 granted persons in military service in sections 102 2 4 and 103 of this Act to such extent and for such period 2 5 as may appear to the court to be just. 2 6 Sec. 102. INSTALLMENT CONTRACTS FOR PURCHASE OF 2 7 PROPERTY. 2 8 1. No person who has received, or whose assignor 2 9 has received, under a contract for the purchase of 2 10 real or personal property, or of lease or bailment 2 11 with a view to purchase of such property, a deposit or 2 12 installment of the purchase price, or a deposit or 2 13 installment under the contract, lease, or bailment, 2 14 from a person or from the assignor of a person who, 2 15 after the date of payment of such deposit or 2 16 installment, has entered military service, shall 2 17 exercise any right or option under such contract to 2 18 rescind or terminate the contract or resume possession 2 19 of the property for nonpayment of any installment due 2 20 or for any other breach of its terms occurring prior 2 21 to or during the period of such military service, 2 22 except by action in a court of competent jurisdiction. 2 23 2. Upon the hearing of such action as provided in 2 24 subsection 1, the court may order the repayment of 2 25 prior installments or deposits or any part, as a 2 26 condition of terminating the contract and resuming 2 27 possession of the property, or may, in its discretion, 2 28 on its own motion, and shall, on application to it by 2 29 such person in military service or some person on the 2 30 person's behalf, order a stay of proceedings as the 2 31 court deems just, unless in the opinion of the court, 2 32 the ability of the defendant to comply with the terms 2 33 of the contract is not materially affected by reason 2 34 of such service; or it may make such other disposition 2 35 of the case as may be equitable to conserve the 2 36 interests of all parties. 2 37 Sec. 103. MORTGAGES, TRUST DEEDS, OR OTHER 2 38 SECURITY. 2 39 1. The provisions of this section shall apply only 2 40 to obligations secured by mortgage, trust deed, or 2 41 other security in the nature of a mortgage upon real 2 42 or personal property owned by a person in military 2 43 service at the commencement of the period of the 2 44 military service and still so owned by the person 2 45 which obligations originated prior to the person's 2 46 period of military service. 2 47 2. In any proceeding commenced in any court during 2 48 the period of military service to enforce such 2 49 obligation as provided in subsection 1 arising out of 2 50 nonpayment of any sum due or out of any other breach 3 1 of the terms of the mortgage, trust deed, or other 3 2 security occurring prior to or during the period of 3 3 such service the court may, after hearing, in its 3 4 discretion, on its own motion, and shall, on 3 5 application to it by such person in military service 3 6 or some person on the defendant's behalf, unless in 3 7 the opinion of the court the ability of the defendant 3 8 to comply with the terms of the obligation is not 3 9 materially affected by reason of the defendant's 3 10 military service, do any of the following: 3 11 a. Stay the proceedings for such period as the 3 12 court deems just. 3 13 b. Make such other disposition of the case as may 3 14 be equitable to conserve the interests of all parties. 3 15 3. No sale, foreclosure, or seizure of property 3 16 for nonpayment of any sum due under any such 3 17 obligation as provided in subsection 1, or for any 3 18 other breach of the terms thereof, whether under a 3 19 power of sale, under a judgment entered upon warrant 3 20 of attorney to confess judgment contained therein, or 3 21 otherwise, shall be valid if made during the period of 3 22 military service or within three months thereafter, 3 23 except pursuant to an agreement between the parties, 3 24 unless upon an order previously granted by the court 3 25 and a return thereto made and approved by the court. 3 26 Sec. 104. TERMINATION OF LEASES BY LESSEES. 3 27 1. The provisions of this section shall apply to 3 28 any lease covering premises occupied for dwelling, 3 29 professional, business, agricultural, or similar 3 30 purposes in any case in which such lease was executed 3 31 by or on the behalf of a person who, after the 3 32 execution of such lease, entered military service. 3 33 2. Any such lease as provided in subsection 1 may 3 34 be terminated by notice in writing delivered to the 3 35 lessor or to the lessor's agent by the lessee at any 3 36 time following the date of the beginning of the period 3 37 of military service. Delivery of such notice may be 3 38 accomplished by placing it in an envelope properly 3 39 stamped and duly addressed to the lessor or to the 3 40 lessor's agent and depositing the notice in the United 3 41 States mail. Termination of any such lease providing 3 42 for monthly payment of rent shall not be effective 3 43 until thirty days after the first date on which the 3 44 next rental payment is due and payable subsequent to 3 45 the date when such notice is delivered or mailed. In 3 46 the case of all other leases, termination shall be 3 47 effected on the last day of the month following the 3 48 month in which such notice is delivered or mailed and 3 49 in such case any unpaid rental for a period preceding 3 50 termination shall be proratably computed and any 4 1 rental paid in advance for a period succeeding 4 2 termination shall be refunded by the lessor. Upon 4 3 application by the lessor to the appropriate court 4 4 prior to the termination period provided for in the 4 5 notice, any relief granted in this subsection shall be 4 6 subject to such modifications or restrictions as in 4 7 the opinion of the court justice and equity may in the 4 8 circumstances require. 4 9 Sec. 105. MAXIMUM RATE OF INTEREST. No obligation 4 10 or liability bearing interest at a rate in excess of 4 11 six percent per year incurred by a person in military 4 12 service before that person's entry into that service 4 13 shall, during any part of the period of military 4 14 service, bear interest at a rate in excess of six 4 15 percent per year unless, in the opinion of the court, 4 16 upon application thereto by the obligee, the ability 4 17 of such person in military service to pay interest 4 18 upon such obligation or liability at a rate in excess 4 19 of six percent per year is not materially affected by 4 20 reason of such service, in which case the court may 4 21 make such order as in its opinion may be just. As 4 22 used in this section the term "interest" includes 4 23 service charges, renewal charges, fees, or any other 4 24 charges, except bona fide insurance, in respect of 4 25 such obligation or liability. 4 26 Sec. 106. PROVISIONS APPLY NOTWITHSTANDING 4 27 CONTRARY CODE PROVISIONS. Sections 100 through 105 of 4 28 this Act apply notwithstanding any contrary provision 4 29 of state law, which may include but is not limited to 4 30 Titles XIII, XIV, and XV. 4 31 Sec. 107. Sections 100 through 106 of this Act are 4 32 repealed on January 31, 2002." 4 33 #5. Page 10, line 24, by inserting after the word 4 34 "date" the following: ", except that sections 100 4 35 through 106 of this Act shall not be applied 4 36 retroactively". 4 37 #6. By renumbering as necessary. 4 38 4 39 4 40 4 41 BRADLEY of Clinton 4 42 HF 762.302 79 4 43 tj/cf
Text: H02061 Text: H02063 Text: H02000 - H02099 Text: H Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Tue Jan 15 09:40:41 CST 2002
URL: /DOCS/GA/79GA/Legislation/H/02000/H02062/011109.html
jhf