Text: HF02472 Text: HF02474 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2473 1 2 1 3 AN ACT 1 4 PROVIDING FOR MEDIATION IN DISPUTES INVOLVING AGRICULTURAL 1 5 PRODUCERS. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 654A.11, subsection 3, paragraph b, 1 10 Code 1997, is amended to read as follows: 1 11 b. The mediator shall issue a mediation release unless the 1 12 creditor fails to personally attend and participate inat1 13least oneall mediationmeetingmeetings. The mediator shall 1 14 issue a mediation release if the borrower waives or fails to 1 15 personally attend and participate inat least oneall 1 16 mediationmeetingmeetings, regardless of participation by the 1 17 creditor.The creditor or borrower may be represented by1 18another person, if the person participates in mediation and1 19has authority to discuss the debt on behalf of the creditor or1 20borrower.However, if a creditor or borrower is not a natural 1 21 person, the creditor or borrower must be represented by a 1 22 natural person who is an officer, director, employee, or 1 23 partner of the creditor or borrower. If a person acts in a 1 24 fiduciary capacity for the creditor or borrower, the fiduciary 1 25 may represent the creditor or borrower. If the creditor or 1 26 borrower or eligible representative is not able to attend and 1 27 participate as required in this paragraph, due to physical 1 28 infirmity, mental infirmity, or other exigent circumstances 1 29 determined reasonable by the farm mediation service, the 1 30 creditor or borrower must be represented by another natural 1 31 person. Any representative of the creditor or borrower must 1 32 be authorized to sign instruments provided by this chapter, 1 33 including a mediation agreement or a statement prepared by the 1 34 mediator that mediation was waived. This section does not 1 35 require the creditor or borrower to reach an agreement, 2 1 including restructuring a debt, in order to receive a 2 2 mediation release. 2 3 Sec. 2. Section 654B.4, subsection 3, Code 1997, is 2 4 amended to read as follows: 2 5 3. At the meeting, a partyto the disputeparticipating in 2 6 mediation may berepresentedaccompanied by counsel orappear2 7witha consultant to assist the party in mediation. 2 8 Sec. 3. Section 654B.8, subsection 2, paragraph a, Code 2 9 1997, is amended to read as follows: 2 10 a. The mediator shall issue a mediation release unless the 2 11 other party desiring to initiate a civil proceeding to resolve 2 12 the dispute fails to personally attend and participate inat2 13least oneall mediationmeetingmeetings. The mediator shall 2 14 issue a mediation release if the farm resident waives or fails 2 15 to personally attend and participate inat least oneall 2 16 mediationmeetingmeetings, regardless of participation by the 2 17 other party.A party to a dispute may be represented by2 18another person, if the person participates in mediation and2 19has authority to discuss the dispute on behalf of the party2 20being represented.However, if the other party or the farm 2 21 resident is not a natural person, the other party or farm 2 22 resident must be represented by a natural person who is an 2 23 officer, director, employee, or partner of the other party or 2 24 farm resident. If a person acts in a fiduciary capacity for 2 25 the other party or farm resident, the fiduciary may represent 2 26 the other party or farm resident. If the other party or farm 2 27 resident or eligible representative is not able to attend and 2 28 participate as required in this paragraph, due to physical 2 29 infirmity, mental infirmity, or other exigent circumstances 2 30 determined reasonable by the farm mediation service, the other 2 31 party or farm resident must be represented by another natural 2 32 person. Any representative of the other party or the farm 2 33 resident must be authorized to sign instruments provided by 2 34 this chapter, including a mediation agreement or a statement 2 35 prepared by the mediator that mediation was waived. This 3 1 section does not require a party to reach an agreement. This 3 2 section does not require a person to change a position, alter 3 3 an activity which is a subject of the dispute, or restructure 3 4 a contract in order to receive a mediation release. 3 5 Sec. 4. Section 654C.5, subsection 2, Code 1997, is 3 6 amended to read as follows: 3 7 2. The parties agreeing to mediation shall personally 3 8 attend and participate inat least oneall mediationmeeting3 9 meetings.A party to a dispute may be represented by another3 10person, if the person participates in mediation and has3 11authority to discuss the dispute on behalf of the party being3 12represented.However, if a party is not a natural person, the 3 13 party must be represented by a natural person who is an 3 14 officer, director, employee, or partner of the party. If a 3 15 person acts in a fiduciary capacity for a party, the fiduciary 3 16 may represent the party. If the party or an eligible 3 17 representative is not able to attend and participate as 3 18 required in this subsection, due to physical infirmity, mental 3 19 infirmity, or other exigent circumstances determined 3 20 reasonable by the farm mediation service, the party must be 3 21 represented by another natural person. Any representative of 3 22 a party must be authorized to sign instruments provided by 3 23 this chapter, including a mediation agreement or a statement 3 24 prepared by the mediator that mediation was waived. This 3 25 section does not require a party to reach an agreement. This 3 26 section does not require a person to change a position, alter 3 27 an activity which is a subject of the dispute, alter an 3 28 application for a permit for construction of an animal feeding 3 29 operation, or restructure a contract. 3 30 3 31 3 32 3 33 RON J. CORBETT 3 34 Speaker of the House 3 35 4 1 4 2 4 3 MARY E. KRAMER 4 4 President of the Senate 4 5 4 6 I hereby certify that this bill originated in the House and 4 7 is known as House File 2473, Seventy-seventh General Assembly. 4 8 4 9 4 10 4 11 ELIZABETH ISAACSON 4 12 Chief Clerk of the House 4 13 Approved , 1998 4 14 4 15 4 16 4 17 TERRY E. BRANSTAD 4 18 Governor
Text: HF02472 Text: HF02474 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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