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
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