Text: HSB00726 Text: HSB00728 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 654A.6, subsection 1, Code 1999, is 1 2 amended to read as follows: 1 3 1. a. A creditor subject to this chapter desiring to 1 4 initiate a proceeding to enforce a debt against agricultural 1 5 property which is real estate under chapter 654, to forfeit a 1 6 contract to purchase agricultural property under chapter 656, 1 7 to enforce a secured interest in agricultural property under 1 8 chapter 554, or to otherwise garnish, levy on, execute on, 1 9 seize, or attach agricultural property, shall file a request 1 10 for mediation with the farm mediation service. The creditor 1 11 shall not begin the proceeding subject to this chapter until 1 12 the creditor receives a mediation release, or until the court 1 13 determines after notice and hearing that the time delay 1 14 required for the mediation would cause the creditor to suffer 1 15 irreparable harm. Title to land that is agricultural property 1 16 is not affected by the failure of any creditor to receive a 1 17 mediation release regardless of its validity. The time period 1 18 for the notice of right to cure provided in section 654.2A 1 19 shall run concurrently with the time period for the mediation 1 20 period provided in this section and section 654A.10. 1 21 b. The requirements of paragraph "a" are jurisdictional 1 22 prerequisites to a creditor filing a civil action that 1 23 initiates a proceeding subject to this chapter. 1 24 Sec. 2. Section 654B.3, subsection 1, Code 1999, is 1 25 amended to read as follows: 1 26 1. a. A person who is a farm resident, or other party, 1 27 desiring to initiate a civil proceeding to resolve a dispute, 1 28 shall file a request for mediation with the farm mediation 1 29 service. The person shall not begin the proceeding until the 1 30 person receives a mediation release, or until the court 1 31 determines after notice and hearing that one of the following 1 32 applies: 1 33a.(1) The time delay required for the mediation would 1 34 cause the person to suffer irreparable harm. 1 35b.(2) The dispute involves a claim which has been brought 2 1 as a class action. 2 2 b. The requirements of paragraph "a" are jurisdictional 2 3 prerequisites to a creditor filing a civil action that 2 4 initiates a civil proceeding to resolve a dispute subject to 2 5 this chapter. 2 6 EXPLANATION 2 7 This bill amends the mandatory mediation provisions of two 2 8 Code sections relating to resolution of farm disputes. The 2 9 bill specifies that the mediation requirements in Code 2 10 sections 654A.6 and 654B.3 are jurisdictional prerequisites 2 11 that must be satisfied before a case can be filed under those 2 12 chapters. A 1999 federal district court ruling held that the 2 13 current Code language did not prevent the filing of a suit 2 14 under chapter 654B prior to mediation of the dispute. 2 15 LSB 6836HC 78 2 16 jj/cf/24
Text: HSB00726 Text: HSB00728 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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