Text: H01451 Text: H01453 Text: H01400 - H01499 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 494, as passed by the Senate, as 1 2 follows: 1 3 #1. Page 1, by striking lines 1 through 17, and 1 4 inserting the following: 1 5 "Section 1. Section 654B.3, subsection 1, 1 6 paragraph a, subparagraph (2), Code 2001, is amended 1 7 to read as follows: 1 8 (2) Thedispute involves a claim which has been1 9brought asperson is a party in a class action as 1 10 provided in section 654B.4A. 1 11 Sec. 2. Section 654B.4, subsection 2, paragraph b, 1 12 Code 2001, is amended to read as follows: 1 13 b. Thedispute involves a claim which has been1 14brought asperson is a party in a class action as 1 15 provided in section 654B.4A. 1 16 Sec. 3. NEW SECTION. 654B.4A PARTIES IN CLASS 1 17 ACTIONS. 1 18 1. a. A person who is a member of a class in a 1 19 class action to adjudicate a dispute is not required 1 20 to have received a mediation release as otherwise 1 21 required in this chapter, if the person is not a 1 22 representative party. Except as provided in paragraph 1 23 "b", a person shall not be a representative party in a 1 24 class action unless the person has received a 1 25 mediation release as provided in section 654B.8 prior 1 26 to the initiation of the civil proceeding or the 1 27 parties to the dispute waive mediation as provided in 1 28 section 654B.4. 1 29 b. In a civil proceeding to adjudicate a dispute 1 30 in which at least one representative plaintiff and one 1 31 representative defendant has received a mediation 1 32 release, a court upon petition by any party may issue 1 33 an order waiving the requirement that a person must 1 34 have received a mediation release as provided in 1 35 paragraph "a", based on the fair and efficient 1 36 adjudication of the dispute. The order shall require 1 37 that the person receive a mediation release prior to 1 38 acting as a representative party in trial or 1 39 settlement conference. The court may for good cause 1 40 grant a continuance if necessary. The mediation shall 1 41 be conducted as provided in this chapter, unless the 1 42 court otherwise orders. 1 43 2. A person who signs a mediation agreement as 1 44 provided in section 654B.8 shall not be a 1 45 representative party in the class action. 1 46 Sec. 4. Section 654B.8, subsection 2, Code 2001, 1 47 is amended to read as follows: 1 48 2. a. The mediator shall issue a mediation 1 49 release unless the other party desiring to initiate a 1 50 civil proceeding to resolve the dispute fails to 2 1 personally attend and participate in all mediation 2 2 meetings. The mediator shall issue a mediation 2 3 release if the farm resident waives or fails to 2 4 personally attend and participate in all mediation 2 5 meetings, regardless of participation by the other 2 6 party.However, ifAll of the following shall apply: 2 7 (1) If the other party or the farm resident is not 2 8 a natural person, the other party or farm resident 2 9 must be represented by a natural person who is an 2 10 officer, director, employee, or partner of the other 2 11 party or farm resident. 2 12 (2) If a person acts in a fiduciary capacity for 2 13 the other party or farm resident, the fiduciary may 2 14 represent the other party or farm resident. 2 15 (3) If the other party or farm resident may be a 2 16 member of a class in a class action adjudicating the 2 17 dispute, the other party or farm resident may be 2 18 represented by a person who may act as a 2 19 representative party in the class action. The other 2 20 party or farm resident being represented is not 2 21 required to participate in a mediation meeting. The 2 22 mediator must receive a statement by an attorney for 2 23 the other party or farm resident verifying that the 2 24 other party or farm resident may be a member of a 2 25 class in a class action adjudicating the dispute and 2 26 that the other party or farm resident may be 2 27 represented by the person as a representative party in 2 28 the class action. 2 29 (4) If the other party or farm resident or 2 30 eligible representative is not able to attend and 2 31 participate as required in this paragraph due to 2 32 physical infirmity, mental infirmity, or other exigent 2 33 circumstances determined reasonable by the farm 2 34 mediation service, the other party or farm resident 2 35 must be represented by another natural person. 2 36 PARAGRAPH DIVIDED.AnyExcept as provided in this 2 37 paragraph, a representative of the other party or the 2 38 farm resident must be authorized to sign instruments 2 39 provided by this chapter, including a mediation 2 40 agreement or a statement prepared by the mediator that 2 41 mediation was waived. However, any representative of 2 42 the other party or farm representative who may be a 2 43 representative party in a class action to adjudicate a 2 44 dispute shall not be authorized to sign a mediation 2 45 agreement for another party in the dispute. 2 46 b. This section does not require a party to reach 2 47 an agreement. This section does not require a person 2 48 to change a position, alter an activity which is a 2 49 subject of the dispute, or restructure a contract in 2 50 order to receive a mediation release. 3 1b.c. The mediator shall promptly notify a party 3 2 by certified mail of a denial to issue a mediation 3 3 release and the reasons for the denial. The notice 3 4 shall state that the party has seven days from the 3 5 date that the notice is delivered to appeal the 3 6 mediator's decision, pursuant to procedures adopted by 3 7 the service. After a final decision by the farm 3 8 mediation service, the party may seek an action for 3 9 judicial review pursuant to section 654B.10." 3 10 3 11 3 12 3 13 COMMITTEE ON AGRICULTURE 3 14 KLEMME of Plymouth, Chairperson 3 15 SF 494.303 79 3 16 da/cf
Text: H01451 Text: H01453 Text: H01400 - H01499 Text: H Index Bills and Amendments: General Index Bill History: General Index
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