State of South Dakota  
EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012  

400T0200   HOUSE BILL   NO.  1037  

Introduced by:    The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture
 

        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.