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HOUSE BILL NO. 519

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Daily Data Tracking History

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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

Bill Text

                                                                        
                                                                        
  ||||              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-
 24    vice.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                           RS 11503C1

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.

                          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 519