House Study Bill 772



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            GOVERNMENT OVERSIGHT BILL
                                            BY CHAIRPERSON ALONS)


    Passed House, Date                Passed Senate,  Date            
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act concerning the military division of the department of
  2    public defense.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6623HC 81
  5 ec/gg/14

PAG LIN



  1  1    Section 1.  Section 29A.99, Code 2005, is amended by
  1  2 striking the section and inserting in lieu thereof the
  1  3 following:
  1  4    29A.99  MAXIMUM RATE OF INTEREST.
  1  5    1.  An obligation or liability bearing interest at a rate
  1  6 in excess of six percent per year that is incurred by a
  1  7 service member either individually or jointly with the service
  1  8 member's spouse before the service member enters military
  1  9 service shall not bear interest at a rate in excess of six
  1 10 percent per year during the service member's period of
  1 11 military service.  Interest that would otherwise be incurred
  1 12 but for the prohibition in this section is forgiven.  The
  1 13 amount of any periodic payment due from a service member under
  1 14 the terms of the instrument that created an obligation or
  1 15 liability covered by this section shall be reduced by the
  1 16 amount of the interest forgiven under this section that is
  1 17 allocable to the period for which such payment is made.
  1 18    2.  In order for an obligation or liability of a service
  1 19 member to be subject to the interest rate limitation in this
  1 20 section, the service member shall provide to the creditor
  1 21 written notice and a copy of the military orders calling the
  1 22 service member to military service and any orders further
  1 23 extending military service, not later than one hundred eighty
  1 24 days after the date of the service member's termination or
  1 25 release from military service.  Upon receipt of written notice
  1 26 and a copy of orders calling a service member to military
  1 27 service, the creditor shall treat the debt in accordance with
  1 28 this section, effective as of the date on which the service
  1 29 member is called to military service.
  1 30    3.  A court may grant a creditor relief from the
  1 31 limitations of this section if, in the opinion of the court,
  1 32 the ability of the service member to pay interest upon the
  1 33 obligation or liability at a rate in excess of six percent per
  1 34 year is not materially affected by reason of the service
  1 35 member's military service.
  2  1    4.  As used in this section, the term "interest" includes
  2  2 service charges, renewal charges, fees, or any other charges,
  2  3 except for bona fide insurance, with respect to an obligation
  2  4 or liability.
  2  5    Sec. 2.  Section 29A.101A, Code 2005, is amended by
  2  6 striking the section and inserting in lieu thereof the
  2  7 following:
  2  8    29A.101A  TERMINATION OF LEASE BY SERVICE MEMBER ==
  2  9 PENALTY.
  2 10    1.  For purposes of this section, unless the context
  2 11 otherwise requires:
  2 12    a.  "Premises lease" means a lease of premises occupied, or
  2 13 intended to be occupied, by a service member or a service
  2 14 member's dependents for a residential, professional, business,
  2 15 agricultural, or similar purpose if either of the following
  2 16 applies:
  2 17    (1)  The lease is executed by or on behalf of a person who
  2 18 thereafter and during the term of the lease enters military
  2 19 service.
  2 20    (2)  The service member, while in military service,
  2 21 executes the lease and thereafter receives military orders for
  2 22 a permanent change of station or to deploy with a military
  2 23 unit, or as an individual in support of a military operation,
  2 24 for a period of not less than ninety days.
  2 25    b.  "Vehicle lease" means a lease of a motor vehicle used,
  2 26 or intended to be used, by a service member or a service
  2 27 member's dependents for personal or business transportation if
  2 28 either of the following applies:
  2 29    (1)  The lease is executed by or on behalf of a person who
  2 30 thereafter and during the term of the lease enters military
  2 31 service under a call or order specifying a period of service
  2 32 of not less than ninety days, or who enters military service
  2 33 under a call or order specifying a period of ninety days of
  2 34 service or less and who, without a break in service, receives
  2 35 orders extending the period of military service to a period of
  3  1 not less than ninety days.
  3  2    (2)  The service member, while in military service,
  3  3 executes the lease and thereafter receives military orders to
  3  4 deploy with a military unit, or as an individual in support of
  3  5 a military operation, for a period of not less than ninety
  3  6 days.
  3  7    2.  A service member may terminate a premises lease or
  3  8 vehicle lease pursuant to the requirements of this section.
  3  9 Termination of a premises lease or vehicle lease shall be made
  3 10 as follows:
  3 11    a.  By delivery by the lessee of written notice of such
  3 12 termination, and a copy of the service member's military
  3 13 orders, to the lessor or the lessor's grantee, or to the
  3 14 lessor's agent or the agent's grantee.  A lessee's termination
  3 15 of a lease pursuant to this subsection shall terminate any
  3 16 obligation a dependent of the lessee may have under the lease.
  3 17 For purposes of this paragraph, written notice may be
  3 18 accomplished by hand delivery, by private business carrier, or
  3 19 by placing the written notice in an envelope with sufficient
  3 20 postage and with return receipt requested, and addressed as
  3 21 designated by the lessor or the lessor's grantee or to the
  3 22 lessor's agent or the agent's grantee, and depositing the
  3 23 written notice in the United States mail.
  3 24    b.  In the case of a vehicle lease, by return of the motor
  3 25 vehicle by the lessee to the lessor or the lessor's grantee,
  3 26 or to the lessor's agent or the agent's grantee, not later
  3 27 than fifteen days after the date of the delivery of written
  3 28 notice under paragraph "a".  A lessee's termination of a lease
  3 29 pursuant to this subsection shall terminate any obligation a
  3 30 dependent of the lessee may have under the lease.
  3 31    3.  In the case of a premises lease that provides for
  3 32 monthly payment of rent, termination of the lease is effective
  3 33 thirty days after the first date on which the next rental
  3 34 payment is due and payable after the date on which the notice
  3 35 is delivered.  In the case of any other premises lease,
  4  1 termination of the lease is effective on the last day of the
  4  2 month following the month in which the notice is delivered.
  4  3    4.  In the case of a vehicle lease, termination of the
  4  4 lease is effective on the day on which the vehicle is
  4  5 delivered to the lessor or the lessor's grantee.
  4  6    5.  Rents or lease amounts unpaid for the period preceding
  4  7 the effective date of the lease termination shall be paid on a
  4  8 prorated basis.  In the case of a vehicle lease, the lessor
  4  9 may not impose an early termination charge, but any taxes,
  4 10 summonses, and title and registration fees and any other
  4 11 obligation and liability of the lessee in accordance with the
  4 12 terms of the lease, including reasonable charges to the lessee
  4 13 for excess wear, use, and mileage, that are due and unpaid at
  4 14 the time of termination of the lease shall be paid by the
  4 15 lessee.
  4 16    6.  Rents or lease amounts paid in advance for a period
  4 17 after the effective date of the termination of the lease shall
  4 18 be refunded to the lessee by the lessor or the lessor's
  4 19 assignee or the assignee's agent within thirty days of the
  4 20 effective date of the termination of the lease.
  4 21    7.  Upon application by the lessor to a court before the
  4 22 termination date provided in the written notice, relief
  4 23 granted by this section to a service member may be modified as
  4 24 justice and equity require.
  4 25    8.  a.  Any person who knowingly seizes, holds, or detains
  4 26 the personal effects, security deposit, or other property of a
  4 27 service member or a service member's dependent who lawfully
  4 28 terminates a lease covered by this section, or who knowingly
  4 29 interferes with the removal of such property from premises
  4 30 covered by such lease, for the purpose of subjecting or
  4 31 attempting to subject any of such property to a claim for rent
  4 32 accruing subsequent to the date of termination of such lease,
  4 33 or attempts to do so, commits a simple misdemeanor.
  4 34    b.  The remedy and rights provided under this section are
  4 35 in addition to and do not preclude any remedy for wrongful
  5  1 conversion otherwise available under law to the person
  5  2 claiming relief under this section.
  5  3                           EXPLANATION
  5  4    The Iowa national guard civil relief provisions of Code
  5  5 chapter 29A are amended by the bill.  Code section 29A.99,
  5  6 regarding the maximum rate of interest that may be charged on
  5  7 preservice obligations, is rewritten by the bill.  The bill
  5  8 provides that the interest protection provided by the section
  5  9 applies to joint obligations of a service member and the
  5 10 service member's spouse and that any interest over 6 percent
  5 11 is forgiven.
  5 12    Code section 29A.101A, regarding termination of preservice
  5 13 leases, is also rewritten by the bill.  The rewritten section
  5 14 provides that the lease termination provisions currently
  5 15 applicable to real property leases also apply to motor vehicle
  5 16 leases.  The section sets out the notice and termination
  5 17 requirements for each type of lease and provides that for
  5 18 vehicle leases, the vehicle must be returned.  The current
  5 19 simple misdemeanor penalty for interference with a service
  5 20 member or dependent in the exercise of rights under the
  5 21 section is retained in the rewritten section.
  5 22 LSB 6623HC 81
  5 23 ec:nh/gg/14.1