General Assembly: 79 (2002 Regular GA) - Chapter 1023 - Secured transactions — landlord liens


Published: 2002-03-18

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39 LAWS OF THE SEVENTY−NINTH G.A., 2002 SESSION CH. 1023

CH. 1021CH. 1021

as defined in section 422.3, that provides or acquires education loans in the organization’s nor- mal course of business shall, notwithstanding any contrary provision of chapter 554 or other state law, establish and perfect a security interest and establish priority over other security in- terests in such education loans by filing in the same manner as provided for perfecting a securi- ty interest in a student loan pursuant to 20 U.S.C. §1082(m)(1)(E). This section applies to edu- cation loans provided under this chapter by such nonprofit organizations and other education loans provided by such nonprofit organizations.

Approved March 18, 2002

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CH. 1022CH. 1022

CHAPTER 1022

SERVERS OF CIVIL PROCESS  APPOINTMENT BY SHERIFF

S.F. 2141

AN ACT authorizing sheriffs to appoint civil process servers.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1.Section 331.652, Code 2001, is amended by adding the following new subsec- tion:

NEW SUBSECTION.7A.The sheriff may appoint one or more civil process servers, subject to the provisions of section 331.903.

a.A person appointed by the sheriff as a civil process server may, under the direction of the sheriff, execute and return all writs and other legal process issued to the sheriff by legal author- ity.

b.The court shall take judicial notice of a civil process server’s signature. c.All costs for service of writs and other legal process by a civil process server shall be col-

lected in accordance with the provisions of section 331.655. d.Civil process servers shall not be considered to be a sheriff or a deputy sheriff for pur-

poses of this chapter, or chapter 97B or 341A.

Approved March 21, 2002

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CH. 1023CH. 1023

CHAPTER 1023

SECURED TRANSACTIONS  LANDLORD LIENS

S.F. 2212

AN ACT relating to secured transactions, by providing for landlord liens.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1.Section 570.1, subsection 2, unnumbered paragraph 2, Code Supplement 2001, is amended to read as follows:

3.A financing statement filed to perfect a lien in the farm products must include a statement

40LAWS OF THE SEVENTY−NINTH G.A., 2002 SESSIONCH. 1023

that it is filed for the purpose of perfecting a landlord’s lien. Notwithstanding section 554.9515, such financing statement shall continue to be effective until a termination statement is filed.

4.Within twenty days after a landlord who has filed a financing statement receives a written demand, authenticated as provided in article 9 of chapter 554, from a tenant, the landlord shall file a termination statement, if the lien in the farm products has expired or if the tenant is no longer in possession of the leased premises and has performed all obligations under the lease.

Approved March 21, 2002

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CH. 1024CH. 1024

CHAPTER 1024

SCHOOL DISTRICT BOARDS OF DIRECTORS  SIZE AND METHOD OF ELECTION

H.F. 2183

AN ACT relating to the authority of the board of directors of a school district to change the number of directors or the method of election of directors following a federal decennial census, and providing an effective date.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1.Section 275.23A, subsection 2, Code 2001, is amended to read as follows: 2.Following each federal decennial census the school board shall determine whether the

existing director district boundaries meet the standards in subsection 1 according to the most recent federal decennial census. In addition to the authority granted to voters to change the number of directors or method of election as provided in sections 275.35, 275.36, and 278.1, the board of directors of a school district may, following a federal decennial census, by resolu- tion and in accordance with this section, authorize a change in the method of election as set forth in section 275.12, subsection 2, or a change to either five or seven directors after the board conducts a hearing on the resolution. If the board proposes to change the number of directors from seven to five directors, the resolution shall include a plan for reducing the number of di- rectors. If the board proposes to increase the number of directors to seven directors, two direc- tors shall be added according to the procedure described in section 277.23, subsection 2. If necessary, the board of directors shall redraw the director district boundaries. The director district boundaries shall be described in a the resolution adopted by the school board. The res- olution shall be adopted no earlier than November 15 of the year immediately following the year in which the federal decennial census is taken nor later than April 30 of the second year immediately following the year in which the federal decennial census is taken. A copy of the plan shall be filed with the area education agency administrator of the area education agency in which the school’s electors reside. If the board does not provide for an election as provided in sections 275.35, 275.36, and 278.1 and adopts a resolution to change the number of directors or method of election in accordance with this subsection, the district shall change the number of directors or method of election as provided unless within twenty-eight days following the action of the board, the secretary of the board receives a petition containing the required num- ber of signatures, asking that an election be called to approve or disapprove the action of the board in adopting the resolution. The petition must be signed by eligible electors equal in num- ber to not less than one hundred or thirty percent of the number of voters at the last preceding regular school election, whichever is greater. The board shall either rescind its action or direct the county commissioner of elections to submit the question to the registered voters of the