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Senate Amendment 3718

Amendment Text

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

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