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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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