Bill Text: IA HF554 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to inspections of sewage disposal systems prior to certain transfers of real estate.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-04 - Subcommittee Meeting: 03/05/2019 8:00AM House Lounge. [HF554 Detail]

Download: Iowa-2019-HF554-Introduced.html
House File 554 - Introduced HOUSE FILE 554 BY HITE A BILL FOR An Act relating to inspections of sewage disposal systems prior 1 to certain transfers of real estate. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2465YH (6) 88 js/tm
H.F. 554 Section 1. Section 455B.172, subsection 11, paragraph a, 1 subparagraphs (1), (2), (3), and (12), Code 2019, are amended 2 to read as follows: 3 (1) A transfer made pursuant to a court order, including 4 but not limited to a transfer under chapter 633 or 633A , the 5 execution of a judgment, the foreclosure of a real estate 6 mortgage pursuant to chapter 654 , the forfeiture of a real 7 estate contract under chapter 656 , a transfer by a trustee in 8 bankruptcy except when that transfer is by sale , a transfer 9 by eminent domain, or a transfer resulting from a decree for 10 specific performance. 11 (2) A transfer to a mortgagee by a mortgagor or successor 12 in interest who is in default, a transfer by a mortgagee who 13 has acquired real property as a result of a deed in lieu of 14 foreclosure or has acquired real property under chapter 654 15 or 655A except when the transfer is by sale after the time of 16 acquisition , or a transfer back to a mortgagor exercising a 17 right of first refusal pursuant to section 654.16A . 18 (3) A transfer by a fiduciary in the course of the 19 administration of a decedent’s estate, guardianship, 20 conservatorship, or trust except when the transfer is by sale 21 to someone who is not an heir or beneficiary . 22 (12) A deed between a family corporation, partnership, 23 limited partnership, limited liability partnership, or limited 24 liability company as defined in section 428A.2, subsection 25 15 , and its stockholders, partners, or members for the 26 purpose of transferring real property in an incorporation or 27 corporate dissolution or in the organization or dissolution 28 of a partnership, limited partnership, limited liability 29 partnership, or limited liability company under the laws 30 of this state, where when the deed is given for no actual 31 consideration other than for shares or for debt securities 32 of the family corporation, partnership, limited partnership, 33 limited liability partnership, or limited liability company. 34 EXPLANATION 35 -1- LSB 2465YH (6) 88 js/tm 1/ 2
H.F. 554 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill relates to inspections of sewage disposal systems 3 prior to the transfer of real property. 4 The bill amends the definition of “transfer” to include 5 when property is sold out of a trust; when property is sold by 6 a mortgagee, but not at the time the mortgagee acquires the 7 property; or when property is sold out of an estate, except 8 when it is sold to heirs or beneficiaries. 9 Current law exempts from the definition of “transfer” a deed 10 between a family corporation, partnership, limited partnership, 11 limited liability partnership, or limited liability company 12 and its stockholders, partners, or members for the purpose of 13 transferring real property in an incorporation or corporate 14 dissolution or in the organization or dissolution of the entity 15 when the deed is given for no actual consideration other than 16 shares or for debt securities of the entity. The bill removes 17 the requirement that the transfer occur upon incorporation or 18 corporate dissolution or the organization or dissolution of the 19 entity. 20 -2- LSB 2465YH (6) 88 js/tm 2/ 2
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