State of South Dakota
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EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012
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400T0200
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HOUSE BILL NO. 1037
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Introduced by: The Committee on Agriculture and Natural Resources at the request of the
Department of Agriculture
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FOR AN ACT ENTITLED, An Act to revise the purpose of the agriculture mediation program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 54-13-2 be amended to read as follows:
54-13-2. The Department of Agriculture shall administer an agriculture mediation program
to provide:
(1) Provide assistance to borrowers and creditors who seek to use mediation as a method
for resolving loan disputes; and
(2) Provide mediation to persons or organizations seeking to mediate disputes with
federal land management agencies concerning decisions made by those federal
agencies.
The secretary of the Department of Agriculture shall
adopt promulgate rules pursuant to
chapter 1-26 necessary
to carry out the general purposes of this chapter for 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
implementation of this chapter 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.