Bill Text: IA HF2341 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to disclosure requirements for the sale or rental of certain property that was used for the manufacture of methamphetamine and making penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-27 - Subcommittee, Cownie, Ourth, and Soderberg. H.J. 369. [HF2341 Detail]
Download: Iowa-2013-HF2341-Introduced.html
House
File
2341
-
Introduced
HOUSE
FILE
2341
BY
HEATON
A
BILL
FOR
An
Act
relating
to
disclosure
requirements
for
the
sale
or
1
rental
of
certain
property
that
was
used
for
the
manufacture
2
of
methamphetamine
and
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2341
Section
1.
Section
124C.7,
Code
2014,
is
amended
to
read
as
1
follows:
2
124C.7
Rulemaking
authority
.
3
1.
The
department
shall
adopt
rules,
in
consultation
with
4
the
department
of
public
health,
to
do
the
following:
5
a.
Establish
disclosure
statement
requirements
for
purposes
6
of
sections
558A.4,
562A.13,
and
562B.14
regarding
whether
real
7
property
has
been
used
for
the
manufacture
of
methamphetamine,
8
its
salts,
isomers,
or
salts
of
isomers.
9
b.
Establish
methamphetamine
cleanup
standards
for
the
10
cleanup
of
real
property
that
has
been
used
for
the
manufacture
11
of
methamphetamine,
its
salts,
isomers,
or
salts
of
isomers
if
12
the
cleanup
is
performed
by
a
person
or
entity
other
than
the
13
department.
14
2.
The
department
may
adopt
rules
pursuant
to
chapter
17A
15
necessary
to
administer
this
chapter
.
16
Sec.
2.
Section
558A.4,
subsection
1,
Code
2014,
is
amended
17
by
adding
the
following
new
paragraph:
18
NEW
PARAGRAPH
.
0b.
(1)
The
disclosure
statement
shall
19
include
information
relating
to
whether
the
real
property
has
20
been
used
for
the
manufacture
of
methamphetamine,
its
salts,
21
isomers,
or
salts
of
isomers,
consistent
with
rules
adopted
by
22
the
department
of
public
safety
pursuant
to
section
124C.7,
23
subsection
1.
24
(2)
This
paragraph
shall
not
require
the
disclosure
of
the
25
use
of
the
real
property
in
the
manufacture
of
methamphetamine,
26
its
salts,
isomers,
or
salts
of
isomers
if,
after
such
use
27
terminates,
the
property
is
cleaned
up
by
a
person
or
entity
28
in
accordance
with
the
methamphetamine
cleanup
standards
29
established
by
the
department
of
public
safety
pursuant
to
30
section
124C.7,
subsection
1,
or
by
the
department.
31
Sec.
3.
Section
562A.13,
Code
2014,
is
amended
by
adding
the
32
following
new
subsection:
33
NEW
SUBSECTION
.
7.
a.
If
the
property
has
been
used
34
for
the
manufacture
of
methamphetamine,
its
salts,
isomers,
35
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2341
or
salts
of
isomers,
the
landlord
or
a
person
authorized
to
1
enter
into
a
rental
agreement
on
behalf
of
the
landlord
shall
2
provide
a
disclosure
statement
to
each
prospective
tenant
in
3
writing
before
the
commencement
of
the
tenancy
notifying
the
4
prospective
tenant
of
such
use,
consistent
with
rules
adopted
5
by
the
department
of
public
safety
pursuant
to
section
124C.7,
6
subsection
1.
7
b.
This
subsection
shall
not
require
the
disclosure
of
the
8
use
of
the
property
in
the
manufacture
of
methamphetamine,
9
its
salts,
isomers,
or
salts
of
isomers
if,
after
such
use
10
terminates,
the
property
is
cleaned
up
by
a
person
or
entity
11
in
accordance
with
the
methamphetamine
cleanup
standards
12
established
by
the
department
of
public
safety
pursuant
to
13
section
124C.7,
subsection
1,
or
by
the
department.
14
Sec.
4.
Section
562B.14,
Code
2014,
is
amended
by
adding
the
15
following
new
subsection:
16
NEW
SUBSECTION
.
8.
a.
If
the
property
has
been
used
17
for
the
manufacture
of
methamphetamine,
its
salts,
isomers,
18
or
salts
of
isomers,
the
landlord
or
a
person
authorized
to
19
enter
into
a
rental
agreement
on
behalf
of
the
landlord
shall
20
provide
a
disclosure
statement
to
each
prospective
tenant
in
21
writing
before
the
commencement
of
the
tenancy
notifying
the
22
prospective
tenant
of
such
use,
consistent
with
rules
adopted
23
by
the
department
of
public
safety
pursuant
to
section
124C.7,
24
subsection
1.
25
b.
This
subsection
shall
not
require
the
disclosure
of
the
26
use
of
the
property
in
the
manufacture
of
methamphetamine,
27
its
salts,
isomers,
or
salts
of
isomers
if,
after
such
use
28
terminates,
the
property
is
cleaned
up
by
a
person
or
entity
29
in
accordance
with
the
methamphetamine
cleanup
standards
30
established
by
the
department
of
public
safety
pursuant
to
31
section
124C.7,
subsection
1,
or
by
the
department.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
35
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This
bill
relates
to
property
used
for
the
manufacture
of
1
methamphetamine
by
requiring
that
disclosures
be
made
prior
to
2
the
lease
or
transfer
of
the
property
if
the
property
has
not
3
been
cleaned
up
after
such
use
terminates.
4
The
bill
requires
the
department
of
public
safety
to
5
adopt
rules,
in
consultation
with
the
department
of
public
6
health,
to
establish
disclosure
statement
requirements
and
to
7
establish
methamphetamine
cleanup
standards
for
the
cleanup
8
of
real
property
that
has
been
used
for
the
manufacture
of
9
methamphetamine,
its
salts,
isomers,
or
salts
of
isomers
if
10
the
cleanup
is
performed
by
a
person
or
entity
other
than
the
11
department.
12
The
bill
requires
that
the
transferor
or
lessor
of
real
13
property
disclose
whether
the
property
has
been
used
for
the
14
manufacture
of
methamphetamine.
The
bill,
however,
provides
15
that
disclosure
is
not
required
if
the
real
property
has
16
been
cleaned
up
by
a
person
or
entity
in
accordance
with
17
methamphetamine
cleanup
standards
established
by
the
department
18
of
public
safety
or
cleaned
up
by
the
department
of
public
19
safety.
20
Current
Code
section
714.8(20)
provides
that
if
real
21
property
is
being
sold
on
contract,
the
contract
seller
is
22
guilty
of
a
fraudulent
practice
if
the
seller
intentionally
23
provides
inaccurate
information
on
matters
required
to
be
24
included
in
a
disclosure
statement.
25
Under
current
Code
sections
562A.3
and
562B.3,
relating
to
26
residential
landlord
and
tenant
laws,
the
principles
of
law
27
and
equity,
including
fraud
and
misrepresentation,
apply
to
28
rental
agreements
entered
into
under
those
Code
chapters
unless
29
displaced
by
the
provisions
of
the
Code
chapter.
30
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