88
th Legislative Session _ 2013
Committee: House Agriculture and Natural Resources
Thursday, January 17, 2013
P - Present
E - Excused
A - Absent
Roll Call
P Bartling
P Cammack
P Craig
P Feickert
P Kopp
P May
P Olson (Betty)
P Otten (Herman)
P Qualm
P Schoenfish
P Schrempp
P Schaefer, Vice-Chair
P Hoffman, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Hoffman.
MOTION: TO APPROVE THE MINUTES OF TUESDAY, JANUARY 15, 2013
Moved by: Qualm
Second by: Cammack
Action: Prevailed by voice vote.
HB 1003: provide for mediation between mineral developers and surface owners in
certain disputes over surface depredation and to provide for mediation of mineral fee
disputes.
Presented by: Representative Tona Rozum
Proponents: Nathan Sanderson, Office of the Governor
Courtney De La Rosa, Department of Agriculture
Mike Traxinger, South Dakota Farmers Union
Jeremiah M. Murphy, SD Stockgrowers
Ryan Brunner, Department of School and Public Lands
Sabrina King, Dakota Rual Action
MOTION: AMEND HB 1003
1003tb
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 54-13-1 be amended to read as follows:
54-13-1. Terms used in this chapter mean:
(1) "Agricultural land," a parcel of land larger than forty acres not located in any municipality
and used in farming or ranching operations carried on by the owner or operator within the
preceding three- year period for the production of farm products as defined in subdivision
57A-9-102(a)(34) and includes wasteland lying within or contiguous to and in common
ownership with land used in farming or ranching operations for the production of farming
or ranching products;
(2) "Ag finance counselor," a person contracted by the Department of Agriculture mediation
program who is trained to assist in resolving agricultural loan disputes;
(3) "Agricultural property," agricultural land or personal property or a combination thereof
used in the pursuit of, or arising out of, or related to, the occupation of farming or
ranching;
(4) "Borrower," an individual, corporation, trust, cooperative, joint venture, or any other
entity entitled to contract who is engaged in farming or ranching and who derives more
than sixty percent of total gross income from farming or ranching and who has borrowed
from any one creditor on any single farm related debt in excess of fifty thousand dollars;
(5) "Creditor," any individual, organization, cooperative, partnership, trust, or state or
federally chartered corporation to whom is owed debt in excess of fifty thousand dollars
by a borrower. A judgment creditor with a judgment of fifty thousand dollars or more
against a debtor with agricultural property is a creditor within the meaning of this chapter;
(6)
"Federal land mediation," assistance provided to individuals or organizations seeking to
mediate disputes with federal land management agencies;
(7) "Mediation," a process by which creditors and borrowers present, discuss, and explore
practical and realistic alternatives to the resolution of a borrower's debts; and
(7)(8) "Mediator," anyone responsible for and engaged in the performance of mediation pursuant
to this chapter, who is trained and certified by the Department of Agriculture; and
(9) "Oil and gas mediation," assistance provided to individuals or organizations seeking to
mediate disputes with oil and gas developers related to surface damages.
Section 2. That § 54-13-2 be amended to read as follows:
54-13-2. The Department of Agriculture shall administer an agriculture mediation program to:
(1) Provide assistance to borrowers and creditors who seek to use mediation as a method for
resolving loan disputes; and
(2) Provide federal land mediation to persons individuals or organizations seeking to mediate
disputes with federal land management agencies concerning decisions made by those
federal agencies; and
(3) Provide oil and gas mediation to individuals or organizations seeking to mediate disputes
over surface damages related to oil or gas development.
The secretary of the Department of Agriculture shall promulgate rules pursuant to chapter 1-26
necessary for mediation,
federal land mediation, and oil and gas mediation including the
establishment of fees, training requirements for mediators and ag finance counselors and their
certification, mediation request forms, and any other mediation procedures as may be necessary for
the prompt and expeditious mediation of agriculture related disputes, including the receipt of funds
pursuant to the Agricultural Credit Act of 1987.
The agriculture mediation program may not, as a condition to mediation, require that the
borrower of any creditor waive any respective legal or equitable remedies or rights. "
Moved by: Olson (Betty)
Second by: Kopp
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1003 AS AMENDED
Moved by: Schrempp
Second by: Cammack
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Bartling, Cammack, Craig, Feickert, Kopp, May, Olson (Betty), Otten (Herman),
Qualm, Schoenfish, Schrempp, Schaefer, Hoffman
MOTION: AMEND TITLE OF HB 1003
1003tta
On page 1, line 1, of the printed bill, delete everything after "to" and insert "revise the purpose
of the agriculture mediation program.".
On page 1, delete lines 2 and 3.
Moved by: Bartling
Second by: Kopp
Action: Prevailed by voice vote.
Walt Bones, South Dakota Secretary of Agriculture, gave a Department overview presentation.
(Handout 1)
Steve Pirner, South Dakota Secretary of Environment and Natural Resources, gave a department
overview presentation. (Handout 2)
MOTION: ADJOURN
Moved by: Schaefer
Second by: Olson (Betty)
Action: Prevailed by voice vote.
Joshua Klumb
____________________________
Committee Secretary
Charles B. Hoffman, Chair
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