Senate File 300 - Introduced
SENATE FILE
BY WARNSTADT
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to civil protections for military service members
2 and dependents of military service members.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 29A.101A, subsection 1, paragraph a,
1 2 Code 2005, is amended to read as follows:
1 3 a. The lease or rental agreement was executed by or on
1 4 behalf of a service member who, after the execution of the
1 5 lease or rental agreement, entered military service,
1 6 regardless of whether the lease or rental agreement was
1 7 entered into jointly with a dependent of the service member.
1 8 Sec. 2. Section 29A.101A, subsection 2, paragraph a, Code
1 9 2005, is amended to read as follows:
1 10 a. A service member or a service member's dependent may
1 11 terminate a lease or rental agreement by providing written
1 12 notice to the lessor or the lessor's agent at any time
1 13 following the date of the beginning of the service member's
1 14 period of military service. The notice may be delivered by
1 15 placing it in an envelope properly stamped and addressed to
1 16 the lessor or the lessor's agent and depositing the notice in
1 17 the United States mail.
1 18 Sec. 3. NEW SECTION. 29A.102A TERMINATION OF CONSUMER
1 19 LEASES.
1 20 1. A service member or a service member's dependent may
1 21 terminate a consumer lease without penalty by providing
1 22 written notice to the lessor or the lessor's agent at any time
1 23 following the date of the beginning of the service member's
1 24 period of military service regardless of whether or not the
1 25 lease agreement contains a provision for an early termination
1 26 fee or similar penalty. The notice may be delivered by
1 27 placing it in an envelope properly stamped and addressed to
1 28 the lessor or the lessor's agent and depositing the notice in
1 29 the United States mail.
1 30 2. Termination of a consumer lease shall be effective on
1 31 the last day of the month following the month in which the
1 32 notice is delivered or mailed. Any unpaid lease payments for
1 33 the period preceding the termination shall be computed on a
1 34 pro rata basis and any rent paid in advance after termination
1 35 shall be refunded by the lessor or the lessor's agent.
2 1 3. For the purposes of this section, "consumer lease"
2 2 means the same as defined in section 537.1301 and includes an
2 3 agreement for wireless communications service as defined in
2 4 section 34A.7A.
2 5 Sec. 4. NEW SECTION. 29A.102B DISCONNECTION OF
2 6 UTILITIES.
2 7 Notwithstanding section 476.20, a public utility furnishing
2 8 gas or electricity shall not disconnect service to a residence
2 9 of a service member who has been deployed outside of the
2 10 United States during such deployment and for sixty days after
2 11 the service member's deployment ends. This section shall
2 12 apply to service members who have provided notice to the
2 13 public utility of the service member's deployment. The notice
2 14 may be delivered personally to the public utility or its
2 15 agent, or by placing the notice in an envelope properly
2 16 stamped and addressed to the billing address of the public
2 17 utility and depositing the notice in the United States mail.
2 18 Sec. 5. NEW SECTION. 602.10111A MILITARY ATTORNEYS.
2 19 1. An attorney admitted to the practice of law in another
2 20 state, the District of Columbia, or a territory of the United
2 21 States, who is a full=time active duty military officer
2 22 serving in the office of a staff judge advocate of the United
2 23 States army, air force, navy, marines, or coast guard, or a
2 24 naval legal service office or a trial service office, may,
2 25 upon application and approval, appear as an attorney and
2 26 practice law before the courts of this state in any matter,
2 27 litigation, or administrative proceeding, subject to the
2 28 conditions and limitations set forth in this section. The
2 29 applicant must be of good moral character and shall apply by
2 30 performing all of the following:
2 31 a. Filing an application in the form and manner that may
2 32 be prescribed by the board of law examiners.
2 33 b. Presenting satisfactory proof of admission to the
2 34 practice of law and current good standing as a member of the
2 35 bar in any state, the District of Columbia, or a territory of
3 1 the United States.
3 2 c. Furnishing whatever additional information or proof
3 3 that may be required in the course of processing the
3 4 application.
3 5 2. Military attorneys admitted to practice pursuant to
3 6 this section are not, and shall not represent themselves to
3 7 be, members of the bar of this state.
3 8 3. The applicant's right to practice under this section
3 9 may be terminated by the supreme court at any time with or
3 10 without cause, and shall be terminated when the military
3 11 attorney ends active duty military service. An attorney
3 12 admitted under this section and the attorney's supervisory
3 13 staff judge advocate and commanding officer are responsible
3 14 for advising the supreme court of any change in status of the
3 15 attorney that may affect the attorney's right to practice law
3 16 under this section.
3 17 4. Military attorneys admitted pursuant to this section
3 18 may represent active duty military personnel in enlisted
3 19 grades E=I through E=4 and their dependents in noncriminal
3 20 matters to the extent such representation is permitted by the
3 21 attorney's supervisory staff judge advocate or commanding
3 22 officer. Other active duty military personnel and their
3 23 dependants may be represented if approved by the service judge
3 24 advocate general.
3 25 5. Military attorneys admitted pursuant to this section
3 26 may not demand or receive any compensation from clients in
3 27 addition to the military pay to which they are already
3 28 entitled.
3 29 6. The practice of an attorney admitted under this section
3 30 shall be subject to the Iowa code of professional
3 31 responsibility and all other rules adopted by the supreme
3 32 court governing attorneys admitted to the bar of this state as
3 33 determined by the supreme court. Jurisdiction of the supreme
3 34 court over the attorney shall continue whether or not the
3 35 attorney retains the right to practice in this state and
4 1 irrespective of the residence of the attorney.
4 2 EXPLANATION
4 3 This bill relates to civil protections to military service
4 4 members and dependents of military service members. The bill
4 5 clarifies that a service member may terminate a lease or
4 6 rental agreement of a premises occupied for dwelling,
4 7 professional, business, or agricultural purposes even if the
4 8 lease or rental agreement was entered into jointly with a
4 9 dependent of the service member. The bill also clarifies that
4 10 either a service member or a dependent of a service member may
4 11 terminate a lease or rental agreement after proper notice.
4 12 The bill provides that a service member or dependent of the
4 13 service member may terminate a consumer lease without
4 14 suffering a penalty or fee for early termination upon proper
4 15 notice to the lessor. The termination of a consumer lease by
4 16 a service member is effective on the last day of the month
4 17 following the month in which the notice to terminate is
4 18 delivered or mailed.
4 19 The bill provides that a public utility furnishing gas or
4 20 electricity shall not disconnect service to a residence of a
4 21 service member who has been deployed outside of the United
4 22 States and for an additional 60 days after the service member
4 23 returns from deployment. The service member must provide
4 24 proper notice of the service member's deployment to avoid
4 25 disconnection.
4 26 The bill provides for active duty military attorneys to
4 27 practice law in this state. The attorney must file an
4 28 application with the board of law examiners and show proof of
4 29 admission to practice law in another state or territory of the
4 30 United States. The supreme court may terminate the military
4 31 attorney's right to practice in this state at any time with or
4 32 without cause. A military attorney may represent certain
4 33 military service members and their dependents in noncriminal
4 34 matters to the extent allowed by the attorney's supervisory
4 35 staff judge advocate or commanding officer and may not demand
5 1 or receive compensation other than the attorney's military
5 2 pay. Military attorneys must adhere to the Iowa code of
5 3 professional responsibility and all other rules adopted by the
5 4 supreme court governing attorneys admitted in this state.
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