Text: S03717 Text: S03719 Text: S03700 - S03799 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 549 as follows: 1 2 #1. Page 10, by inserting after line 23, the 1 3 following: 1 4 "Sec. 100. DEFINITION MILITARY SERVICE. For 1 5 the purposes of sections 100 through 106, "military 1 6 service" means full-time active state service, as 1 7 defined in section 29A.1, or full-time state active 1 8 duty, as defined in section 29A.1, for a period of at 1 9 least ninety consecutive days. 1 10 Sec. 101. EVICTION OR DISTRESS DURING MILITARY 1 11 SERVICE STAY PENALTY FOR NONCOMPLIANCE 1 12 ALLOTMENT OF PAY FOR PAYMENT. 1 13 1. No eviction or distress shall be made during 1 14 the period of military service in respect of any 1 15 premises for which the agreed rent does not exceed one 1 16 thousand two hundred dollars per month, occupied 1 17 chiefly for dwelling purposes by the spouse, child, or 1 18 other dependent of a person in military service, 1 19 except upon leave of court granted upon application or 1 20 granted in an action or proceeding affecting the right 1 21 of possession. 1 22 2. On any such application as provided in 1 23 subsection 1, or in any such action as provided in 1 24 subsection 1, the court may, in its discretion, on its 1 25 own motion, and shall, on application, unless in the 1 26 opinion of the court the ability of the tenant to pay 1 27 the agreed rent is not materially affected by reason 1 28 of such military service, stay the proceedings for not 1 29 longer than three months. Where such stay is granted 1 30 or other order is made by the court, the owner of the 1 31 premises shall be entitled, upon application, to 1 32 relief in respect of such premises similar to that 1 33 granted persons in military service in sections 102 1 34 and 103 of this Act to such extent and for such period 1 35 as may appear to the court to be just. 1 36 Sec. 102. INSTALLMENT CONTRACTS FOR PURCHASE OF 1 37 PROPERTY. 1 38 1. No person who has received, or whose assignor 1 39 has received, under a contract for the purchase of 1 40 real or personal property, or of lease or bailment 1 41 with a view to purchase of such property, a deposit or 1 42 installment of the purchase price, or a deposit or 1 43 installment under the contract, lease, or bailment, 1 44 from a person or from the assignor of a person who, 1 45 after the date of payment of such deposit or 1 46 installment, has entered military service, shall 1 47 exercise any right or option under such contract to 1 48 rescind or terminate the contract or resume possession 1 49 of the property for nonpayment of any installment due 1 50 or for any other breach of its terms occurring prior 2 1 to or during the period of such military service, 2 2 except by action in a court of competent jurisdiction. 2 3 2. Upon the hearing of such action as provided in 2 4 subsection 1, the court may order the repayment of 2 5 prior installments or deposits or any part, as a 2 6 condition of terminating the contract and resuming 2 7 possession of the property, or may, in its discretion, 2 8 on its own motion, and shall, on application to it by 2 9 such person in military service or some person on the 2 10 person's behalf, order a stay of proceedings as the 2 11 court deems just, unless in the opinion of the court, 2 12 the ability of the defendant to comply with the terms 2 13 of the contract is not materially affected by reason 2 14 of such service; or it may make such other disposition 2 15 of the case as may be equitable to conserve the 2 16 interests of all parties. 2 17 Sec. 103. MORTGAGES, TRUST DEEDS, OR OTHER 2 18 SECURITY. 2 19 1. The provisions of this section shall apply only 2 20 to obligations secured by mortgage, trust deed, or 2 21 other security in the nature of a mortgage upon real 2 22 or personal property owned by a person in military 2 23 service at the commencement of the period of the 2 24 military service and still so owned by the person 2 25 which obligations originated prior to the person's 2 26 period of military service. 2 27 2. In any proceeding commenced in any court during 2 28 the period of military service to enforce such 2 29 obligation as provided in subsection 1 arising out of 2 30 nonpayment of any sum due or out of any other breach 2 31 of the terms of the mortgage, trust deed, or other 2 32 security occurring prior to or during the period of 2 33 such service the court may, after hearing, in its 2 34 discretion, on its own motion, and shall, on 2 35 application to it by such person in military service 2 36 or some person on the defendant's behalf, unless in 2 37 the opinion of the court the ability of the defendant 2 38 to comply with the terms of the obligation is not 2 39 materially affected by reason of the defendant's 2 40 military service, do any of the following: 2 41 a. Stay the proceedings for such period as the 2 42 court deems just. 2 43 b. Make such other disposition of the case as may 2 44 be equitable to conserve the interests of all parties. 2 45 3. No sale, foreclosure, or seizure of property 2 46 for nonpayment of any sum due under any such 2 47 obligation as provided in subsection 1, or for any 2 48 other breach of the terms thereof, whether under a 2 49 power of sale, under a judgment entered upon warrant 2 50 of attorney to confess judgment contained therein, or 3 1 otherwise, shall be valid if made during the period of 3 2 military service or within three months thereafter, 3 3 except pursuant to an agreement between the parties, 3 4 unless upon an order previously granted by the court 3 5 and a return thereto made and approved by the court. 3 6 Sec. 104. TERMINATION OF LEASES BY LESSEES. 3 7 1. The provisions of this section shall apply to 3 8 any lease covering premises occupied for dwelling, 3 9 professional, business, agricultural, or similar 3 10 purposes in any case in which such lease was executed 3 11 by or on the behalf of a person who, after the 3 12 execution of such lease, entered military service. 3 13 2. Any such lease as provided in subsection 1 may 3 14 be terminated by notice in writing delivered to the 3 15 lessor or to the lessor's agent by the lessee at any 3 16 time following the date of the beginning of the period 3 17 of military service. Delivery of such notice may be 3 18 accomplished by placing it in an envelope properly 3 19 stamped and duly addressed to the lessor or to the 3 20 lessor's agent and depositing the notice in the United 3 21 States mail. Termination of any such lease providing 3 22 for monthly payment of rent shall not be effective 3 23 until thirty days after the first date on which the 3 24 next rental payment is due and payable subsequent to 3 25 the date when such notice is delivered or mailed. In 3 26 the case of all other leases, termination shall be 3 27 effected on the last day of the month following the 3 28 month in which such notice is delivered or mailed and 3 29 in such case any unpaid rental for a period preceding 3 30 termination shall be proratably computed and any 3 31 rental paid in advance for a period succeeding 3 32 termination shall be refunded by the lessor. Upon 3 33 application by the lessor to the appropriate court 3 34 prior to the termination period provided for in the 3 35 notice, any relief granted in this subsection shall be 3 36 subject to such modifications or restrictions as in 3 37 the opinion of the court justice and equity may in the 3 38 circumstances require. 3 39 Sec. 105. MAXIMUM RATE OF INTEREST. No obligation 3 40 or liability bearing interest at a rate in excess of 3 41 six percent per year incurred by a person in military 3 42 service before that person's entry into that service 3 43 shall, during any part of the period of military 3 44 service, bear interest at a rate in excess of six 3 45 percent per year unless, in the opinion of the court, 3 46 upon application thereto by the obligee, the ability 3 47 of such person in military service to pay interest 3 48 upon such obligation or liability at a rate in excess 3 49 of six percent per year is not materially affected by 3 50 reason of such service, in which case the court may 4 1 make such order as in its opinion may be just. As 4 2 used in this section the term "interest" includes 4 3 service charges, renewal charges, fees, or any other 4 4 charges, except bona fide insurance, in respect of 4 5 such obligation or liability. 4 6 Sec. 106. PROVISIONS APPLY NOTWITHSTANDING 4 7 CONTRARY CODE PROVISIONS. Sections 100 through 105 of 4 8 this Act apply notwithstanding any contrary provision 4 9 of state law, which may include but is not limited to 4 10 Titles XIII, XIV, and XV. 4 11 Sec. 107. Sections 100 through 106 of this Act are 4 12 repealed on January 31, 2002." 4 13 #2. Page 10, line 27, by inserting after the word 4 14 "date" the following: ", except that sections 100 4 15 through 106 of this Act shall not be applied 4 16 retroactively". 4 17 #3. By renumbering as necessary. 4 18 4 19 4 20 4 21 MERLIN E. BARTZ 4 22 SF 549.701 79 4 23 da/cls
Text: S03717 Text: S03719 Text: S03700 - S03799 Text: S 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/S/03700/S03718/011108.html
jhf