Text: HF00761 Text: HF00763 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 762 1 2 1 3 AN ACT 1 4 RELATING TO HOMELAND SECURITY BY AUTHORIZING THE GOVERNOR AND 1 5 OTHER STATE OFFICERS TO USE STATE RESOURCES FOR, DEFEND 1 6 AGAINST, AND MANAGE THE CONSEQUENCES OF A TERRORIST ATTACK 1 7 IN THIS STATE, AND PROVIDING A RETROACTIVE EFFECTIVE DATE. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 29A.1, subsection 1, Code 2001, is 1 12 amended by striking the subsection and inserting in lieu 1 13 thereof the following: 1 14 1. "Active state service" means training or operational 1 15 duty or other service authorized and performed under the 1 16 provisions of 32 U.S.C. or other federal law or regulation as 1 17 part of the Iowa army national guard or Iowa air national 1 18 guard and paid for with federal funds. 1 19 Sec. 2. Section 29A.1, subsection 3, Code 2001, is amended 1 20 to read as follows: 1 21 3. "Federal service" means duty authorized and performed 1 22 under the provisions of 10 U.S.C.or 32 U.S.C., } 502-5051 23which includes unit training assemblies commonly known as1 24"drills", annual training, rifle marksmanship, full-time1 25training for school purposes and recruitingas part of the 1 26 active military forces of the United States or the army 1 27 national guard of the United States or the air national guard 1 28 of the United States. 1 29 Sec. 3. Section 29A.1, subsection 4, Code 2001, is amended 1 30 by striking the subsection and inserting in lieu thereof the 1 31 following: 1 32 4. "Homeland defense" means the protection of state 1 33 territory, population, and critical infrastructure and assets 1 34 against attacks from within or without the state. 1 35 Sec. 4. Section 29A.1, subsection 7, Code 2001, is amended 2 1 to read as follows: 2 2 7. "National guard" means the Iowa units, detachments and 2 3 organizations of the army national guard of the United States, 2 4andthe air national guard of the United States, the army 2 5 national guard, and the air national guard as those forces are 2 6 defined inthe National Defense Act and its amendments, the2 7Iowa army national guard and the Iowa air national guard10 2 8 U.S.C. } 101. 2 9 Sec. 5. Section 29A.1, subsection 9, Code 2001, is amended 2 10 to read as follows: 2 11 9. "On duty" means training, including unit training 2 12 assemblies,alland other training, operational duty, and 2 13 other service which may be required under state or federal 2 14 law, regulations, or orders, and the necessary travel of an 2 15 officer or enlisted person to the place of performance and 2 16 return home after performance of that duty, but does not 2 17 include federal serviceunder 10 U.S.C. 2 18 Sec. 6. Section 29A.1, Code 2001, is amended by adding the 2 19 following new subsection: 2 20 NEW SUBSECTION. 10A. "State active duty" means duty 2 21 authorized and performed under section 29A.8 or 29A.9 and paid 2 22 for with state funds. "State active duty" also includes 2 23 serving as the adjutant general, a deputy adjutant general, or 2 24 the state quartermaster. 2 25 Sec. 7. Section 29A.4, Code 2001, is amended to read as 2 26 follows: 2 27 29A.4 ORGANIZATION – ARMAMENT – EQUIPMENT AND 2 28 DISCIPLINE. 2 29 The organization, armament, equipment and discipline of the 2 30 national guard, and the militia when called intoactivestate 2 31serviceactive duty, except as hereinafter specifically 2 32 provided, shall be the same as that which is now or may be 2 33 hereafter prescribed under the provisions of federal law and 2 34 regulations as to those requirements which are mandatory 2 35 therein, but as to those things which are optional therein 3 1 they shall become effective when an order or regulation to 3 2 that effect shall have been promulgated by the governor. 3 3 Sec. 8. Section 29A.6, Code 2001, is amended to read as 3 4 follows: 3 5 29A.6 MILITARY FORCES OF STATE. 3 6 The military forces of the state of Iowa shall consist of 3 7 the army national guard, the air national guard, and the 3 8 militia. 3 9 Sec. 9. Section 29A.7, Code 2001, is amended to read as 3 10 follows: 3 11 29A.7 COMMANDER IN CHIEF. 3 12 The governor is the commander in chief of the military 3 13 forces, except when they are in federal service. The governor 3 14 may employ the military forces of the state for the defense or 3 15 relief of the state, the enforcement of its laws, the 3 16 protection of life and property, emergencies resulting from 3 17 disasters or public disorders as defined in section 29C.2, 3 18 including homeland security and defense duties, and parades 3 19 and ceremonies of a civic nature. 3 20 Sec. 10. Section 29A.8, Code 2001, is amended by striking 3 21 the section and inserting in lieu thereof the following: 3 22 29A.8 STATE ACTIVE DUTY. 3 23 1. The governor may order into state active duty the 3 24 military forces of the state, including retired members of the 3 25 national guard, both army and air, as the governor deems 3 26 proper, under command of an officer as the governor may 3 27 designate under one or more of the following circumstances: 3 28 a. In case of insurrection or invasion, or imminent danger 3 29 of insurrection or invasion. 3 30 b. For the purpose of aiding the civil authorities of any 3 31 political subdivision of the state in maintaining law and 3 32 order in the subdivision in cases of breaches of the peace or 3 33 imminent danger of breaches of the peace, if the law 3 34 enforcement officers of the subdivision are unable to maintain 3 35 law and order, and the civil authorities request the 4 1 assistance. 4 2 c. For the purposes of performing homeland defense or 4 3 homeland security duties. 4 4 2. If circumstances necessitate the establishment of a 4 5 military district under martial law and the general assembly 4 6 is not convened, the military district shall be established 4 7 only after the governor has issued a proclamation convening an 4 8 extraordinary session of the general assembly. 4 9 Sec. 11. NEW SECTION. 29A.8A ACTIVE STATE SERVICE. 4 10 If federal funding and authorization exist for this 4 11 purpose, the governor may order to active state service the 4 12 military forces of the Iowa army national guard or Iowa air 4 13 national guard as the governor may deem appropriate for the 4 14 purposes of homeland security, homeland defense, or other 4 15 duty. 4 16 Sec. 12. Section 29A.9, unnumbered paragraph 1, Code 2001, 4 17 is amended to read as follows: 4 18 The governor may order the national guard into training for 4 19 any period. The governor may order the organizations or 4 20 personnel of the national guard or persons who have retired 4 21 from the national guard, toactivestateservice, oractive 4 22 duty, or to assemblefor purposes of security, drill, 4 23 instruction, parade, ceremonies of a civic nature, guard, 4 24 recruiting and escort duty, and schools of instruction as a 4 25 student or instructor, including the Iowa military academy, 4 26 and prescribe all regulations and requirements for those 4 27 duties. 4 28 Sec. 13. Section 29A.10, unnumbered paragraph 3, Code 4 29 2001, is amended to read as follows: 4 30 The governor may appoint an officer of the national guard 4 31 to serve as special investigator for a period determined by 4 32 the governor. Service as special investigator shall beactive4 33 stateserviceactive duty. The special investigator shall 4 34 report to and serve at the pleasure of the governor. The duty 4 35 of special investigator shall be assigned as additional duty. 5 1 The special investigator shall not be the person designated as 5 2 inspector general pursuant to federal national guard bureau 5 3 regulation. 5 4 Sec. 14. Section 29A.11, Code 2001, is amended to read as 5 5 follows: 5 6 29A.11 ADJUTANT GENERAL – APPOINTMENT AND TERM. 5 7 There shall be an adjutant general of the state who shall 5 8 be appointed and commissioned by the governor subject to 5 9 confirmation by the senate and who shall serve at the pleasure 5 10 of the governor. The rank of the adjutant general shall be at 5 11 least that of brigadier general and the adjutant general shall 5 12 hold office for a term of four years beginning and ending as 5 13 provided in section 69.19. At the time of appointment the 5 14 adjutant general shall be a federally recognized commissioned 5 15 officer in the United States army or air force, the army or 5 16 air national guard, the army or air national guard of the 5 17 United States, or the United States army or air force reserve 5 18 who has reached at least the grade of colonel and who is or is 5 19 eligible to be federally recognized at the next higher rank. 5 20 Sec. 15. Section 29A.27, unnumbered paragraphs 1, 2, 3, 5 21 and 4, Code 2001, are amended to read as follows: 5 22 Officers and enlisted persons while inactivestateservice5 23 active duty shall receive the same pay, per diem, and 5 24 allowances as are paid for the same rank or grade for federal 5 25 servicein the armed forces of the United States. However, a 5 26 person shall not be paid at a base rate of pay of less than 5 27 one hundred dollars per calendar day ofactivestateservice5 28 active duty. 5 29 In the event any officer or enlisted person shall be killed 5 30 while on duty or inactivestateserviceactive duty, in line 5 31 of duty, or shall die as the result of injuries received or as 5 32 a result of illness or disease contracted while on duty or in 5 33activestateserviceactive duty, in line of duty, dependents, 5 34 as defined by the workers' compensation law of the state, 5 35 shall receive the maximum compensation provided bythe said6 1 such law. 6 2 Any officer or enlisted person who suffers injuries or 6 3 contracts a disease causing disability, in line of duty, while 6 4 on duty or inactivestateserviceactive duty, shall receive 6 5 hospitalization and medical treatment, and during the period 6 6 that the officer or enlisted person is totally disabled from 6 7 returning to military duty the officer or enlisted person 6 8 shall also receive the pay and allowances of the officer's or 6 9 enlisted person's grade. In the event of partial disability, 6 10 the officer or enlisted person shall be allowed partial pay 6 11 and allowances as determined by an evaluation board of three 6 12 officers to be appointed by the adjutant general. At least 6 13 one member of the board shall be a medical officer. 6 14 Any claim for death, illness, or disease contracted in line 6 15 of duty while on duty or inactivestateserviceactive duty, 6 16 shall be filed with the adjutant general within six months 6 17 from the date of death or contraction of the illness or 6 18 disease. 6 19 Sec. 16. Section 29A.28, Code 2001, is amended to read as 6 20 follows: 6 21 29A.28 LEAVE OF ABSENCE OF CIVIL EMPLOYEES. 6 22 All officers and employees of the state, or a subdivision 6 23 thereof, or a municipality other than employees employed 6 24 temporarily for six months or less, who are members of the 6 25 national guard, organized reserves or any component part of 6 26 the military, naval, or air forces or nurse corps of this 6 27 state or nation, or who are or may be otherwise inducted into 6 28 the military service of this state or of the United States, 6 29 shall, when ordered by proper authority to state active duty, 6 30 active state service or federal service, be entitled to a 6 31 leave of absence from such civil employment for the period of 6 32suchstate active duty, active state service, or federal 6 33 service, without loss of status or efficiency rating, and 6 34 without loss of pay during the first thirty days of such leave 6 35 of absence. The proper appointing authority may make a 7 1 temporary appointment to fill any vacancy created by such 7 2 leave of absence. 7 3 Sec. 17. Section 29A.29, Code 2001, is amended to read as 7 4 follows: 7 5 29A.29 PAYMENT FROM TREASURY – EXCEPTION. 7 6 When inactivestateserviceactive duty, the compensation 7 7 of officers and enlisted persons and expenses of the national 7 8 guard and claims for death, injury and illness of the members 7 9 thereof, incurred in line of duty, shall be paid out of any 7 10 funds in the state treasury not otherwise appropriated. 7 11 However, if funds for compensation and expenses have been 7 12 appropriated for compensation and expenses of persons on full- 7 13 timeactivestateserviceactive duty pursuant to a specific 7 14 Act of the general assembly, such persons shall be paid from 7 15 funds appropriated pursuant to such Act. 7 16 Sec. 18. Section 29A.43, Code 2001, is amended to read as 7 17 follows: 7 18 29A.43 DISCRIMINATION PROHIBITED – LEAVE OF ABSENCE. 7 19 A person shall not discriminate against any officer or 7 20 enlisted person of the national guard or organized reserves of 7 21 the armed forces of the United States because of that 7 22 membership. An employer, or agent of an employer, shall not 7 23 discharge a person from employment because of being an officer 7 24 or enlisted person of the military forces of the state, or 7 25 hinder or prevent the officer or enlisted person from 7 26 performing any military service the person is called upon to 7 27 perform by proper authority. A member of the national guard 7 28 or organized reserves of the armed forces of the United States 7 29 ordered to temporaryactiveduty, as defined in section 29A.1, 7 30 fortheany purposeof military training or ordered on active7 31state serviceis entitled to a leave of absence during the 7 32 period of the duty or service, from the member's private 7 33 employment, other than employment of a temporary nature, and 7 34 upon completion of the duty or service the employer shall 7 35 restore the person to the position held prior to the leave of 8 1 absence, or employ the person in a similar position. However, 8 2 the person shall give evidence to the employer of satisfactory 8 3 completion of the training or duty, and that the person is 8 4 still qualified to perform the duties of the position. The 8 5 period of absence shall be construed as an absence with leave, 8 6 and shall in no way affect the employee's rights to vacation, 8 7 sick leave, bonus, or other employment benefits relating to 8 8 the employee's particular employment. A person violating a 8 9 provision of this section is guilty of a simple misdemeanor. 8 10 Sec. 19. Section 29A.71, Code 2001, is amended to read as 8 11 follows: 8 12 29A.71 PAY AND ALLOWANCES. 8 13 Officers and enlisted personnel of the Iowa state guard 8 14 while inactivestateserviceactive duty shall receive the 8 15 same pay, allowances, and compensation as provided by law for 8 16 members of the Iowa national guard. 8 17 Sec. 20. Section 29C.2, subsection 1, Code 2001, is 8 18 amended to read as follows: 8 19 1. "Disaster" means man-made and natural occurrences, such 8 20 as fire, flood, drought, earthquake, tornado, windstorm, 8 21 hazardous substance or nuclear power plant accident or 8 22 incident, which threaten the public peace, health, and safety 8 23 of the people or which damage and destroy public or private 8 24 property. The term includesenemyattack, sabotage, or other 8 25 hostile action from within or without the state. 8 26 Sec. 21. Section 29C.2, Code 2001, is amended by adding 8 27 the following new subsection: 8 28 NEW SUBSECTION. 1A. "Homeland security" means the 8 29 detection, prevention, preemption, deterrence of, and 8 30 protection from attacks targeted at state territory, 8 31 population, and infrastructure. 8 32 Sec. 22. Section 29C.5, Code 2001, is amended to read as 8 33 follows: 8 34 29C.5 EMERGENCY MANAGEMENT DIVISION. 8 35 An emergency management division is created within the 9 1 department of public defense. The emergency management 9 2 division shall be responsible for the administration of 9 3 emergency planning matters, including emergency resource 9 4 planning in this state,co-operationcooperation with and 9 5 support of the civil air patrol, homeland security activities, 9 6 andco-ordinationcoordination of available services in the 9 7 event of a disaster. 9 8 Sec. 23. Section 29C.8, subsection 2, Code 2001, is 9 9 amended to read as follows: 9 10 2. The administrator shall be vested with the authority to 9 11 administer emergency management and homeland security affairs 9 12 in this state and shall be responsible for preparing and 9 13 executing the emergency management and homeland security 9 14 programs of this state subject to the direction of the 9 15 adjutant general. 9 16 Sec. 24. Section 29C.8, subsection 3, paragraphs a, b, and 9 17 c, Code 2001, are amended to read as follows: 9 18 a. Prepare a comprehensive plan and emergency management 9 19 program for homeland security, disaster preparedness, 9 20 response, recovery, mitigation, emergency operation, and 9 21 emergency resource management of this state. The plan and 9 22 program shall be integrated into and coordinated with the 9 23 homeland security and emergency plans of the federal 9 24 government and of other states to the fullest possible extent 9 25 and coordinate the preparation of plans and programs for 9 26 emergency management of the political subdivisions and various 9 27 state departments of this state. The plans shall be 9 28 integrated into and coordinated with a comprehensive state 9 29 homeland security and emergency program for this state as 9 30 coordinated by the administrator of the emergency management 9 31 division to the fullest possible extent. 9 32 b. Make such studies and surveys of the industries, 9 33 resources and facilities in this state as may be necessary to 9 34 ascertain the vulnerabilities of critical state infrastructure 9 35 and assets to attack and the capabilities of the state for 10 1 disaster recovery, disaster planning and operations, and 10 2 emergency resource management, and to plan for the most 10 3 efficient emergency use thereof. 10 4 c. Provide technical assistance to any local emergency 10 5 commission or joint commission requiring the assistance in the 10 6 development of an emergency management or homeland security 10 7 program. 10 8 Sec. 25. Section 135.11, Code 2001, as amended by 2001 10 9 Iowa Acts, chapter 58, section 3, chapter 122, section 1, and 10 10 chapter 184, section 6, is amended by adding the following new 10 11 subsection: 10 12 NEW SUBSECTION. 2A. Conduct and maintain a statewide risk 10 13 assessment of any present or potential danger to the public 10 14 health from biological agents. For this purpose, an employee 10 15 or agent of the department may enter into and examine any 10 16 premises containing potentially dangerous biological agents. 10 17 However, the owner or person in charge of the premises shall 10 18 be notified. If the owner or person in charge refuses 10 19 admittance, the department may obtain administrative search 10 20 warrants under section 808.14. Based upon findings of the 10 21 risk assessment and examination of the premises, the director 10 22 may order safeguards or take any other action necessary to 10 23 protect the public health pursuant to rules adopted to 10 24 implement this subsection. 10 25 Sec. 26. Section 669.14, subsection 7, Code 2001, is 10 26 amended to read as follows: 10 27 7. A claim based upon damage to or loss or destruction of 10 28 private property, both real and personal, or personal injury 10 29 or death, when the damage, loss, destruction, injury or death 10 30 occurred as an incident to the training, operation, or 10 31 maintenance of the national guard while not in "activestate 10 32serviceactive duty" as defined in section 29A.1, subsection10 331. 10 34 Sec. 27. TASK FORCE ON HOMELAND SECURITY AND DEFENSE. 10 35 1. A task force is created to consider and report on the 11 1 state's preparedness to respond to emergencies that threaten 11 2 the state's security. The task force shall study issues 11 3 relating to the detection, prevention, preemption, and 11 4 deterrence of, and protection against, attacks targeted at 11 5 state territory, population, and infrastructure. The task 11 6 force shall solicit information from local and state 11 7 government officials, from the Iowa national guard, and from 11 8 any other person or entity deemed appropriate relating to the 11 9 state's preparedness to respond to emergencies that threaten 11 10 the state's security. 11 11 2. The members of the task force shall be appointed as 11 12 follows: 11 13 a. One member appointed by the governor. 11 14 b. One member appointed by the majority leader of the 11 15 senate. 11 16 c. One member appointed by the speaker of the house of 11 17 representatives. 11 18 d. One member appointed by the minority leader of the 11 19 senate. 11 20 e. One member appointed by the minority leader of the 11 21 house of representatives. 11 22 3. The task force shall report to the general assembly and 11 23 the governor by January 15, 2002. 11 24 Sec. 28. RETROACTIVE EFFECTIVE DATE. This Act, being 11 25 deemed of immediate importance, takes effect upon enactment, 11 26 is retroactively applicable to September 11, 2001, and is 11 27 applicable on and after that date, except that sections 29 11 28 through 35 of this Act shall not be applied retroactively. 11 29 Sec. 29. DEFINITION – MILITARY SERVICE. For the purposes 11 30 of sections 29 through 35, "military service" means full-time 11 31 active state service, as defined in section 29A.1, or full- 11 32 time state active duty, as defined in section 29A.1, for a 11 33 period of at least ninety consecutive days. 11 34 Sec. 30. EVICTION OR DISTRESS DURING MILITARY SERVICE – 11 35 STAY – PENALTY FOR NONCOMPLIANCE – ALLOTMENT OF PAY FOR 12 1 PAYMENT. 12 2 1. No eviction or distress shall be made during the period 12 3 of military service in respect of any premises for which the 12 4 agreed rent does not exceed one thousand two hundred dollars 12 5 per month, occupied chiefly for dwelling purposes by the 12 6 spouse, child, or other dependent of a person in military 12 7 service, except upon leave of court granted upon application 12 8 or granted in an action or proceeding affecting the right of 12 9 possession. 12 10 2. On any such application as provided in subsection 1, or 12 11 in any such action as provided in subsection 1, the court may, 12 12 in its discretion, on its own motion, and shall, on 12 13 application, unless in the opinion of the court the ability of 12 14 the tenant to pay the agreed rent is not materially affected 12 15 by reason of such military service, stay the proceedings for 12 16 not longer than three months. Where such stay is granted or 12 17 other order is made by the court, the owner of the premises 12 18 shall be entitled, upon application, to relief in respect of 12 19 such premises similar to that granted persons in military 12 20 service in sections 31 and 32 of this Act to such extent and 12 21 for such period as may appear to the court to be just. 12 22 Sec. 31. INSTALLMENT CONTRACTS FOR PURCHASE OF PROPERTY. 12 23 1. No person who has received, or whose assignor has 12 24 received, under a contract for the purchase of real or 12 25 personal property, or of lease or bailment with a view to 12 26 purchase of such property, a deposit or installment of the 12 27 purchase price, or a deposit or installment under the 12 28 contract, lease, or bailment, from a person or from the 12 29 assignor of a person who, after the date of payment of such 12 30 deposit or installment, has entered military service, shall 12 31 exercise any right or option under such contract to rescind or 12 32 terminate the contract or resume possession of the property 12 33 for nonpayment of any installment due or for any other breach 12 34 of its terms occurring prior to or during the period of such 12 35 military service, except by action in a court of competent 13 1 jurisdiction. 13 2 2. Upon the hearing of such action as provided in 13 3 subsection 1, the court may order the repayment of prior 13 4 installments or deposits or any part, as a condition of 13 5 terminating the contract and resuming possession of the 13 6 property, or may, in its discretion, on its own motion, and 13 7 shall, on application to it by such person in military service 13 8 or some person on the person's behalf, order a stay of 13 9 proceedings as the court deems just, unless in the opinion of 13 10 the court, the ability of the defendant to comply with the 13 11 terms of the contract is not materially affected by reason of 13 12 such service; or it may make such other disposition of the 13 13 case as may be equitable to conserve the interests of all 13 14 parties. 13 15 Sec. 32. MORTGAGES, TRUST DEEDS, OR OTHER SECURITY. 13 16 1. The provisions of this section shall apply only to 13 17 obligations secured by mortgage, trust deed, or other security 13 18 in the nature of a mortgage upon real or personal property 13 19 owned by a person in military service at the commencement of 13 20 the period of the military service and still so owned by the 13 21 person which obligations originated prior to the person's 13 22 period of military service. 13 23 2. In any proceeding commenced in any court during the 13 24 period of military service to enforce such obligation as 13 25 provided in subsection 1 arising out of nonpayment of any sum 13 26 due or out of any other breach of the terms of the mortgage, 13 27 trust deed, or other security occurring prior to or during the 13 28 period of such service the court may, after hearing, in its 13 29 discretion, on its own motion, and shall, on application to it 13 30 by such person in military service or some person on the 13 31 defendant's behalf, unless in the opinion of the court the 13 32 ability of the defendant to comply with the terms of the 13 33 obligation is not materially affected by reason of the 13 34 defendant's military service, do any of the following: 13 35 a. Stay the proceedings for such period as the court deems 14 1 just. 14 2 b. Make such other disposition of the case as may be 14 3 equitable to conserve the interests of all parties. 14 4 3. No sale, foreclosure, or seizure of property for 14 5 nonpayment of any sum due under any such obligation as 14 6 provided in subsection 1, or for any other breach of the terms 14 7 thereof, whether under a power of sale, under a judgment 14 8 entered upon warrant of attorney to confess judgment contained 14 9 therein, or otherwise, shall be valid if made during the 14 10 period of military service or within three months thereafter, 14 11 except pursuant to an agreement between the parties, unless 14 12 upon an order previously granted by the court and a return 14 13 thereto made and approved by the court. 14 14 Sec. 33. TERMINATION OF LEASES BY LESSEES. 14 15 1. The provisions of this section shall apply to any lease 14 16 covering premises occupied for dwelling, professional, 14 17 business, agricultural, or similar purposes in any case in 14 18 which such lease was executed by or on the behalf of a person 14 19 who, after the execution of such lease, entered military 14 20 service. 14 21 2. Any such lease as provided in subsection 1 may be 14 22 terminated by notice in writing delivered to the lessor or to 14 23 the lessor's agent by the lessee at any time following the 14 24 date of the beginning of the period of military service. 14 25 Delivery of such notice may be accomplished by placing it in 14 26 an envelope properly stamped and duly addressed to the lessor 14 27 or to the lessor's agent and depositing the notice in the 14 28 United States mail. Termination of any such lease providing 14 29 for monthly payment of rent shall not be effective until 14 30 thirty days after the first date on which the next rental 14 31 payment is due and payable subsequent to the date when such 14 32 notice is delivered or mailed. In the case of all other 14 33 leases, termination shall be effected on the last day of the 14 34 month following the month in which such notice is delivered or 14 35 mailed and in such case any unpaid rental for a period 15 1 preceding termination shall be proratably computed and any 15 2 rental paid in advance for a period succeeding termination 15 3 shall be refunded by the lessor. Upon application by the 15 4 lessor to the appropriate court prior to the termination 15 5 period provided for in the notice, any relief granted in this 15 6 subsection shall be subject to such modifications or 15 7 restrictions as in the opinion of the court justice and equity 15 8 may in the circumstances require. 15 9 Sec. 34. MAXIMUM RATE OF INTEREST. No obligation or 15 10 liability bearing interest at a rate in excess of six percent 15 11 per year incurred by a person in military service before that 15 12 person's entry into that service shall, during any part of the 15 13 period of military service, bear interest at a rate in excess 15 14 of six percent per year unless, in the opinion of the court, 15 15 upon application thereto by the obligee, the ability of such 15 16 person in military service to pay interest upon such 15 17 obligation or liability at a rate in excess of six percent per 15 18 year is not materially affected by reason of such service, in 15 19 which case the court may make such order as in its opinion may 15 20 be just. As used in this section the term "interest" includes 15 21 service charges, renewal charges, fees, or any other charges, 15 22 except bona fide insurance, in respect of such obligation or 15 23 liability. 15 24 Sec. 35. PROVISIONS APPLY NOTWITHSTANDING CONTRARY CODE 15 25 PROVISIONS. Sections 29 through 34 of this Act apply 15 26 notwithstanding any contrary provision of state law, which may 15 27 include but is not limited to Titles XIII, XIV, and XV. 15 28 Sec. 36. Sections 29 through 35 of this Act are repealed 15 29 on January 31, 2002. 15 30 15 31 15 32 15 33 BRENT SIEGRIST 15 34 Speaker of the House 15 35 16 1 16 2 16 3 MARY E. KRAMER 16 4 President of the Senate 16 5 16 6 I hereby certify that this bill originated in the House and 16 7 is known as House File 762, Seventy-ninth General Assembly. 16 8 16 9 16 10 16 11 MARGARET THOMSON 16 12 Chief Clerk of the House 16 13 Approved , 2001 16 14 16 15 16 16 16 17 THOMAS J. VILSACK 16 18 Governor
Text: HF00761 Text: HF00763 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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