Print Friendly HOUSE BILL NO. 519 – Nat’l Guard/state active duty/rent
HOUSE BILL NO. 519
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H0519.........................................by TRANSPORTATION AND DEFENSE
NATIONAL GUARD - Adds to existing law to provide rent and possession
protection to National Guard members who are called into state active duty.
01/31 House intro - 1st rdg - to printing
02/01 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 519
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO THE STATE MILITIA; AMENDING CHAPTER 4, TITLE 46, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 46-410, IDAHO CODE, TO PROVIDE RENT AND POS-
4 SESSION PROTECTION TO NATIONAL GUARD MEMBERS WHO ARE CALLED INTO STATE
5 ACTIVE DUTY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Chapter 4, Title 46, Idaho Code, be, and the same is
8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
9 ignated as Section 46-410, Idaho Code, and to read as follows:
10 46-410. ACTIONS FOR RENT OR POSSESSION DURING STATE ACTIVE DUTY. An evic-
11 tion action, an unlawful detainer action, or an action for damages based on a
12 residential lease, may not proceed against any member of the national guard
13 who is called into state active duty during the period of such service, pro-
14 vided the agreed upon rent does not exceed one thousand two hundred dollars
15 ($1,200) per month, or the equivalent thereto, the member has provided written
16 notice of state active duty to the affected landlord, and where the rental
17 unit is occupied as a primary residential dwelling by the member, the member's
18 spouse or other lawful dependents. A court may, on its own motion and will, on
19 application, stay the proceedings for not longer than three (3) months unless,
20 in the opinion of the court, the ability of the tenant to pay the agreed upon
21 rent has not been materially affected by reason of the state active duty. The
22 court may allow an action under this section to proceed based upon a finding
23 that the member is not materially affected by reason of state active duty ser-
STATEMENT OF PURPOSE
This proposal adds I.C. § 46-410 to Chapter 4, Title 46 Idaho
Code to provide rent and possession protection to National Guard
members ordered to state active duty by preventing an eviction or
rent collection action. A court can allow the action to proceed
upon a finding that the member's income is not "materially
affected" by reason of state service.
There is no fiscal impact from this proposal.
Name: Bill von Tagen
Name: John Norris
Agency: Idaho Military Division
STATEMENT OF PURPOSE/FISCAL NOTE H 519