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 § 54-13-1 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;
(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;
(2) Provide federal land mediation to 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.
An Act to revise the purpose of the agriculture mediation program.
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I certify that the attached Act
originated in the
HOUSE as Bill No. 1003
____________________________
Chief Clerk
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____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President of the Senate
____________________________
Secretary of the Senate
House Bill No. 1003
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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