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H0520.........................................by TRANSPORTATION AND DEFENSE
NATIONAL GUARD - Adds to existing law to provide protection for National
Guard members who are bound by installment contracts for the purchase of
property when called into state service.
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. 520
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 46-411, IDAHO CODE, TO PROVIDE PROTECTION
4 FOR NATIONAL GUARD MEMBERS WHO ARE BOUND BY INSTALLMENT CONTRACTS FOR THE
5 PURCHASE OF PROPERTY WHEN CALLED INTO STATE SERVICE.
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 46-411, Idaho Code, and to read as follows:
10 46-411. INSTALLMENT CONTRACTS. (1) A creditor who has received a deposit
11 or installment of the purchase price under an installment contract for the
12 purchase of real or personal property from a member of the Idaho national
13 guard who, after the date of the payment of such deposit or installment is
14 called into state active duty, and provided that written notice of the state
15 active duty service has been given to the creditor, may not exercise any right
16 or option under such contract to rescind or terminate the contract or resume
17 possession of the property for nonpayment of any installment thereunder due,
18 or for any other breach of the terms thereof occurring during the period of
19 state active duty, except upon affirmative authorization by a court of compe-
20 tent jurisdiction based on a finding that the ability of the guard member to
21 perform under the contract is not materially affected by reason of the state
22 active duty.
23 (2) Any hearing under this section is subject to a stay of proceedings
24 under subsection (1) of section 46-409, Idaho Code.
25 (3) Upon application by the creditor pursuant to subsection (1) of this
26 section, the court may order the repayment of prior installments or deposits,
27 or any part thereof, as a condition of terminating the contract and resuming
28 possession of the property, if the court finds that the debtor's performance
29 of contractual obligations was materially affected by state active duty.
STATEMENT OF PURPOSE
RS 11504C1
This proposal adds I.C. ยง 46-411 to Chapter 4, Title 46, Idaho
Code to provide protection for National Guard members who are
bound by installment contracts for the purchase of property when
ordered to state active duty.
FISCAL IMPACT
There is no fiscal impact from this proposal.
Contact:
Name: Bill von Tagen
Phone: 334-4140
Name: John Norris
Agency: Idaho Military Division
Phone: 422-5471
STATEMENT OF PURPOSE/FISCAL NOTE H 520