Bill Text: IA SF2053 | 2017-2018 | 87th General Assembly | Introduced

---

Bill Title: A bill for an act requiring real estate disclosure statements to give notice of topsoil removal and the use of property for the manufacture of methamphetamine and making penalties applicable.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-23 - Subcommittee: Sinclair, Bertrand, and Lykam. S.J. 144. [SF2053 Detail]

Download: Iowa-2017-SF2053-Introduced.html

---

Senate File 2053 - Introduced




                                 SENATE FILE       
                                 BY  CHELGREN

                                      A BILL FOR

  1 An Act requiring real estate disclosure statements to give
  2    notice of topsoil removal and the use of property for
  3    the manufacture of methamphetamine and making penalties
  4    applicable.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5067XS (2) 87
    gh/rj

PAG LIN



  1  1    Section 1.  Section 558A.4, subsection 1, Code 2018, is
  1  2 amended by adding the following new paragraphs:
  1  3    NEW PARAGRAPH.  0b.  The disclosure statement shall indicate
  1  4 whether topsoil has been removed from any part of the property
  1  5 during the last twenty years, as provided in rules which shall
  1  6 be adopted by the real estate commission pursuant to section
  1  7 543B.9. However, information relating to topsoil removal shall
  1  8 not be required in a disclosure statement for the transfer of
  1  9 agricultural land as defined in section 6A.21. For purposes of
  1 10 this paragraph, "topsoil" means the natural medium located at
  1 11 the land surface with favorable characteristics for the growth
  1 12 of vegetation.
  1 13    NEW PARAGRAPH.  00b.  The disclosure statement shall include
  1 14 information relating to whether the real property has been used
  1 15 for the manufacture of methamphetamine, its salts, isomers, or
  1 16 salts of isomers, as provided in rules which shall be adopted
  1 17 by the real estate commission pursuant to section 543B.9.  If
  1 18 the disclosure statement indicates that the real property
  1 19 has been used for the manufacture of any such substance, the
  1 20 transferor shall provide informational materials explaining
  1 21 the health risks associated with contaminated real property
  1 22 along with the disclosure statement. The commission shall
  1 23 consult with the department of public health to develop such
  1 24 informational materials.
  1 25                           EXPLANATION
  1 26 The inclusion of this explanation does not constitute agreement with
  1 27 the explanation's substance by the members of the general assembly.
  1 28    Pursuant to current Code chapter 558A, a person interested
  1 29 in transferring real property must deliver a written disclosure
  1 30 statement to a person interested in being transferred the real
  1 31 property. Current law requires the disclosure statement to
  1 32 include information relating to the condition and important
  1 33 characteristics of the property.
  1 34    This bill requires that the disclosure statement indicate
  1 35 whether topsoil, as defined in the bill, has been removed from
  2  1 the property in the last 20 years. The bill exempts disclosure
  2  2 statements prepared for the transfer of agricultural land from
  2  3 the requirement.
  2  4    The bill requires that the transferor of real property
  2  5 disclose whether the property has been used for the manufacture
  2  6 of methamphetamine. The bill also requires that the transferor
  2  7 provide informational materials on the health risks associated
  2  8 with contaminated real property along with the disclosure
  2  9 statement if the disclosure statement indicates that the real
  2 10 property has been used for the manufacture of methamphetamine.
  2 11 The bill requires the real estate commission to consult with
  2 12 the department of public health to develop the informational
  2 13 materials.
  2 14    Pursuant to Code section 558A.6, a transferor of real
  2 15 property who violates the disclosure statement requirements
  2 16 shall be liable for the amount of actual damages suffered by
  2 17 the transferee, unless the transferor had no actual knowledge
  2 18 of the inaccuracy or exercised ordinary care in obtaining
  2 19 the information. In addition, Code section 714.8 provides
  2 20 that a contract seller who intentionally provides inaccurate
  2 21 information on a disclosure statement is guilty of a fraudulent
  2 22 practice.
       LSB 5067XS (2) 87
       gh/rj