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House Amendment 5608

Amendment Text

PAG LIN
  1  1    Amend Senate File 2265 as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 1, by inserting before line 1 the
  1  4 following:
  1  5    "Section 1.  NEW SECTION.  595.3A  RIGHTS AND
  1  6 OBLIGATIONS – NOTIFICATION.
  1  7    Upon the filing of an application for a license to
  1  8 marry and prior to the issuance of a license to marry,
  1  9 the clerk of the district court shall provide the
  1 10 applicants with a listing of resources to provide the
  1 11 applicants with information which sets forth the legal
  1 12 rights and obligations incident to marriage and
  1 13 divorce.  The chief judge of each judicial district
  1 14 shall develop the listing of resources to be provided
  1 15 to the applicants under this section.
  1 16    Sec. 2.  Section 598.7A, Code Supplement 1995, is
  1 17 amended to read as follows:
  1 18    598.7A  DISSOLUTION OF MARRIAGE DOMESTIC RELATIONS
  1 19 PROCEEDING – MEDIATION.
  1 20    In addition to the custody mediation provided
  1 21 pursuant to section 598.41, unless the court
  1 22 determines that a history of domestic abuse exists as
  1 23 specified in section 598.41, subsection 3, paragraph
  1 24 "j", or unless the court determines that direct
  1 25 physical harm or significant emotional harm to the
  1 26 child, other children, or a parent is likely to
  1 27 result, on the application of either party, or on the
  1 28 court's own motion, the court may require shall
  1 29 determine in each domestic relations proceeding or
  1 30 modification of any order relating to those
  1 31 proceedings whether the parties to the proceeding
  1 32 shall participate in mediation to attempt to resolve
  1 33 differences between the parties relative to the
  1 34 granting of a marriage dissolution decree, if the
  1 35 court determines that mediation may effectuate a
  1 36 resolution of the differences without court
  1 37 intervention.
  1 38    The costs of mediation shall be paid in full or in
  1 39 part by the parties, as determined by the court and
  1 40 taxed as court costs.
  1 41    Sec. 3.  NEW SECTION.  598.7B  MEDIATION AND
  1 42 CONCILIATION SERVICES – REQUIREMENTS, QUALIFICATIONS,
  1 43 AND FEES.
  1 44    1.  The supreme court shall prescribe rules to
  1 45 establish the minimum qualifications for persons who
  1 46 provide professional mediation and conciliation
  1 47 services through the domestic relations division of a
  1 48 district court relating to domestic relations
  1 49 proceedings including but not limited to dissolution
  1 50 of marriage, custody, support, or separate maintenance
  2  1 proceedings and including modifications of any orders
  2  2 relating to these proceedings.  The supreme court may
  2  3 seek assistance in the drafting of the rules from
  2  4 national mediation associations and other entities
  2  5 with expertise in mediation and reconciliation
  2  6 services.  The rules shall provide for the
  2  7 establishment of a sliding fee schedule for the
  2  8 provision of services and shall require that in order
  2  9 to provide mediation or conciliation services through
  2 10 the domestic relations division of a district court,
  2 11 the person is subject to the sliding fee schedule
  2 12 established by the supreme court.
  2 13    2.  In addition to the provisions for conciliation
  2 14 services pursuant to section 598.16, a district court
  2 15 may recommend or require reconciliation services to
  2 16 parties involved in domestic relations proceedings
  2 17 including but not limited to dissolution of marriage,
  2 18 custody, support, or separate maintenance proceedings
  2 19 and including modification of any orders relating to
  2 20 these proceedings."
  2 21    #2.  Page 1, line 1, by striking the word and
  2 22 figure "Section 1." and inserting the following:
  2 23 "Sec. 4."
  2 24    #3.  Page 1, line 30, by striking the word "This"
  2 25 and inserting the following:  "Section 4 of this".
  2 26    #4.  Title page, line 1, by inserting after the
  2 27 word "to" the following:  "domestic relations
  2 28 including".
  2 29    #5.  By renumbering as necessary.  
  2 30 
  2 31 
  2 32                              
  2 33 KREIMAN of Davis
  2 35 SF 2265.203 76
  2 36 pf/jj
     

Text: H05607                            Text: H05609
Text: H05600 - H05699                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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