Text: HF02062                           Text: HF02064
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 2063

Partial Bill History

Bill Introduced: H.J. 66
Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 654A.4, subsection 2, Code 1997, is
  1  2 amended to read as follows:
  1  3    2.  This chapter applies to a borrower who is a natural
  1  4 person operating a farm or including but not limited to a
  1  5 natural person or any corporation, trust, limited liability
  1  6 company, limited liability partnership, or limited partnership
  1  7 as defined in section 9H.1 organized under state law.
  1  8    Sec. 2.  Section 654A.11, subsection 3, paragraph b, Code
  1  9 1997, is amended to read as follows:
  1 10    b.  The mediator shall issue a mediation release unless the
  1 11 creditor fails to personally attend and participate in at
  1 12 least one all mediation meeting meetings.  The mediator shall
  1 13 issue a mediation release if the borrower waives or fails to
  1 14 personally attend and participate in at least one all
  1 15 mediation meeting meetings, regardless of participation by the
  1 16 creditor.  The creditor or borrower may be represented by
  1 17 another person, if the person participates in mediation and
  1 18 has authority to discuss the debt on behalf of the creditor or
  1 19 borrower. However, if a creditor or borrower is not a natural
  1 20 person, the creditor or borrower must be represented by a
  1 21 natural person who is an officer, director, employee, partner,
  1 22 trustee, or executor of the creditor or borrower.  If the
  1 23 creditor or borrower or a representative is not able to attend
  1 24 and participate as required in this paragraph, due to physical
  1 25 infirmity, mental infirmity, or other exigent circumstances
  1 26 determined reasonable by the farm mediation service, the
  1 27 creditor or borrower must be represented by another natural
  1 28 person.  Any representative of the creditor or borrower must
  1 29 be authorized to sign instruments required under this chapter,
  1 30 including a mediation agreement or a statement prepared by the
  1 31 mediator that mediation was waived.  This section does not
  1 32 require the creditor or borrower to reach an agreement,
  1 33 including restructuring a debt, in order to receive a
  1 34 mediation release.
  1 35    Sec. 3.  Section 654B.1, subsection 5, Code 1997, is
  2  1 amended to read as follows:
  2  2    5.  "Farm resident" means a person holding an interest in
  2  3 farmland, in fee, under a real estate contract, or under a
  2  4 lease, if the person manages farming operations on the land.
  2  5 A farm resident includes a natural person, or any corporation,
  2  6 trust, or limited liability company, partnership, limited
  2  7 partnership, as defined in section 9H.1 or limited liability
  2  8 partnership organized under state law.
  2  9    Sec. 4.  Section 654B.4, subsection 3, Code 1997, is
  2 10 amended to read as follows:
  2 11    3.  At the meeting, a party to the dispute participating in
  2 12 mediation may be represented by counsel or appear with a
  2 13 consultant to assist the party in mediation.
  2 14    Sec. 5.  Section 654B.8, subsection 2, paragraph a, Code
  2 15 1997, is amended to read as follows:
  2 16    a.  The mediator shall issue a mediation release unless the
  2 17 other party desiring to initiate a civil proceeding to resolve
  2 18 the dispute fails to personally attend and participate in at
  2 19 least one all mediation meeting meetings.  The mediator shall
  2 20 issue a mediation release if the farm resident waives or fails
  2 21 to personally attend and participate in at least one all
  2 22 mediation meeting meetings, regardless of participation by the
  2 23 other party.  A party to a dispute may be represented by
  2 24 another person, if the person participates in mediation and
  2 25 has authority to discuss the dispute on behalf of the party
  2 26 being represented.  However, if the other party or the farm
  2 27 resident is not a natural person, the other party or farm
  2 28 resident must be represented by a natural person who is an
  2 29 officer, director, employee, partner, trustee, or executor of
  2 30 the other party or farm resident.  If the other party or farm
  2 31 resident, or a representative is not able to attend and
  2 32 participate as required in this paragraph, due to physical
  2 33 infirmity, mental infirmity, or other exigent circumstances
  2 34 determined reasonable by the farm mediation service, the other
  2 35 party or farm resident must be represented by another natural
  3  1 person.  Any representative of the other party or the farm
  3  2 resident must be authorized to sign instruments required under
  3  3 this chapter, including a mediation agreement or a statement
  3  4 prepared by the mediator that mediation was waived.  This
  3  5 section does not require a party to reach an agreement.  This
  3  6 section does not require a person to change a position, alter
  3  7 an activity which is a subject of the dispute, or restructure
  3  8 a contract in order to receive a mediation release.
  3  9    Sec. 6.  Section 654C.5, subsection 2, Code 1997, is
  3 10 amended to read as follows:
  3 11    2.  The parties agreeing to mediation shall personally
  3 12 attend and participate in at least one all mediation meeting
  3 13 meetings.  A party to a dispute may be represented by another
  3 14 person, if the person participates in mediation and has
  3 15 authority to discuss the dispute on behalf of the party being
  3 16 represented.  However, if a party is not a natural person, the
  3 17 party must be represented by a natural person who is an
  3 18 officer, director, employee, partner, trustee, or executor of
  3 19 the party.  If the party or a representative is not able to
  3 20 attend and participate as required in this subsection, due to
  3 21 physical infirmity, mental infirmity, or other exigent
  3 22 circumstances determined reasonable by the farm mediation
  3 23 service, the party must be represented by another natural
  3 24 person.  Any representative of a party must be authorized to
  3 25 sign instruments required under this chapter, including a
  3 26 mediation agreement or a statement prepared by the mediator
  3 27 that mediation was waived.  This section does not require a
  3 28 party to reach an agreement.  This section does not require a
  3 29 person to change a position, alter an activity which is a
  3 30 subject of the dispute, alter an application for a permit for
  3 31 construction of an animal feeding operation, or restructure a
  3 32 contract.  
  3 33                           EXPLANATION
  3 34    This bill amends Iowa Code chapters 654A, 654B, and 654C,
  3 35 which provide for mediation affecting agricultural producers.
  4  1 Iowa Code chapter 654A requires mediation between farmers who
  4  2 are borrowers and creditors prior to the enforcement of a
  4  3 legal action to collect the debt.  Iowa Code chapter 654B
  4  4 requires mediation in disputes involving farmers who provide
  4  5 care and feeding to livestock under contract.  Iowa Code
  4  6 chapter 654C allows for mediation between producers and
  4  7 neighbors negotiating to allow the construction of animal
  4  8 feeding operation structures closer than otherwise legally
  4  9 required to the neighbor's property.
  4 10    The bill requires greater participation by the parties
  4 11 attending the mediation meetings.  It provides for the types
  4 12 of corporate entities that must be involved as parties to a
  4 13 mediation.  It requires personal participation by the parties
  4 14 subject to mediation.  If the party is a corporate entity,
  4 15 attendance and participation is required by an officer,
  4 16 director, employee, partner, trustee, or executor of the
  4 17 party.  Another representative may attend if a party cannot
  4 18 otherwise be represented.  Any representative must be able to
  4 19 execute documents required under the chapter including a
  4 20 mediation agreement or waiver.
  4 21    Current law requires participation at only one mediation
  4 22 meeting, by a party or a party's representative.  The bill is
  4 23 partly in response to the case, Arends v. Iowa Select Farms,
  4 24 556 N.W.2d 812, in which the Iowa supreme court held that
  4 25 mediation requirements were satisfied when an attorney for one
  4 26 party attended and participated in a mediation meeting, even
  4 27 though the attorney did not have the authority to enter into
  4 28 an agreement on behalf of the party.  
  4 29 LSB 3037HH 77
  4 30 da/jl/8.3

Text: HF02062                           Text: HF02064
Text: HF02000 - HF02099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu Feb 5 03:41:41 CST 1998
URL: /DOCS/GA/77GA/Legislation/HF/02000/HF02063/980122.html
jhf