Cc96A

REPORT OF CONFERENCE COMMITTEE

MR. PRESIDENT:
MR. SPEAKER:

The Conference Committee respectfully reports that it has considered SB 96 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 96 be amended as follows:

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    On page 5, between lines 15 and 16 of the House Local Government Committee engrossed bill, insert:

"

    Any document that does not conform to the requirements of subdivisions (1) to (6), inclusive, has the same effect as conforming documents for all recording purposes, including establishing priority.".

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    On page 1, line 9, after "dollars" insert ", and beginning July 1, 2012, thirty dollars".

    On page 2, line 12, after "dollars" insert ", and beginning July 1, 2012, thirty dollars".

    On page 2, between lines 23 and 24, insert:

"

    Twenty percent of the recording fee collected pursuant to subdivisions 7-9-1(1), (3), and (4) shall be deposited in the county register of deeds technology expense relief fund created pursuant to section 8 of this Act.".

    On page 5, after line 23 of the House Local Government Committee engrossed bill, insert:

"    Section 8. There is established a county registers of deeds technology expense relief fund administered by the South Dakota Association of County Officials and the county registers of deeds technology expense relief board. Expenditures from the fund, including the cost to administer the program, shall be approved by the board.

    Moneys in the county registers of deeds technology expense relief fund may not be considered state funds. The fund is a supplemental fund and may not be construed to diminish the duty of the county governing body to provide funding for all salaries, expenses, and personnel necessary in the performance of the duties of the office pursuant to chapter 7-9 and to comply with the requirements of §§ 7-7-9.1, 7-7-10.1, and 7-8-20.

    Section 9. There is established a county technology expense relief board to consist of the county registers of deeds elected to the executive board of the South Dakota Association of County Officials. Per diem costs for the board shall be established by the executive board of the association and shall be paid from funds collected by the association.

    Section 10. The board established in section 9 of this Act shall promulgate administrative rules pursuant to chapter 1-26 regarding the procedure and requirements for policies to facilitate the administration and distributions associated with the county registers of deeds technology expense relief fund.

    Section 11. The county register of deeds shall credit the fee deposited in the county registers of deeds technology expense relief fund pursuant to § 7-9-15 on or before the fifteenth day of the month following the collection of the recording fees.

    Section 12. The fiscal year for the fund shall run July first to June thirtieth. Prior to July thirty-first, the board shall compute each county's share as provided in sections 13 of this Act. The board shall certify each county's share of the total fund and remit the share to the county auditor on or before the second Tuesday in August of each year.

    Section 13. Each county shall receive from the county registers of deeds technology expense relief fund assessment the following portions of the fund:

AURORA   1.033 %  
BEADLE   2.945 %  
BENNETT   0.562 %  
BON HOMME   1.247 %  
BROOKINGS   3.034 %  
BROWN   4.671 %  
BRULE   1.078 %  
BUFFALO   0.249 %  
BUTTE   1.173 %  
CAMPBELL   0.667 %  
CHARLES MIX   1.621 %  
CLARK   1.318 %  
CLAY   1.487 %  
CODINGTON   2.872 %  
CORSON   0.971 %  
CUSTER   0.773 %  
DAVISON   2.399 %  
DAY   1.740 %  
DEUEL   1.063 %  
DEWEY   0.636 %  
DOUGLAS   0.811 %  
EDMUNDS   1.193 %  
FALL RIVER   1.035 %  
FAULK   0.986 %  
GRANT   1.822 %  
GREGORY   1.276 %  
HAAKON   0.871 %  
HAMLIN   1.025 %  
HAND   1.274 %  
HANSON   0.758 %  
HARDING   0.802 %  
HUGHES   1.720 %  
HUTCHINSON   1.724 %  
HYDE   0.518 %  
JACKSON   0.580 %  
JERAULD   0.707 %  
JONES   0.546 %  
KINGSBURY   1.527 %  
LAKE   1.703 %  
LAWRENCE   1.825 %  
LINCOLN   2.069 %  
LYMAN   0.953 %  
McCOOK   1.066 %  
McPHERSON   1.026 %  
MARSHALL   1.286 %  
MEADE   2.055 %  
MELLETTE   0.553 %  
MINER   0.944 %  
MINNEHAHA   10.463 %  
MOODY   1.308 %  
PENNINGTON   5.862 %  
PERKINS   1.418 %  
POTTER   0.878 %  
ROBERTS   1.881 %  
SANBORN   0.874 %  
SHANNON   0.297 %  
SPINK   2.164 %  
STANLEY   0.594 %  
SULLY   0.803 %  
TODD   0.536 %  
TRIPP   1.633 %  
TURNER   1.705 %  
UNION   1.605 %  
WALWORTH   1.144 %  
YANKTON   2.296 %  
ZIEBACH   0.418 %  

    For purposes of this section, consolidated counties are considered as one county.

    Section 14. On the second Tuesday in August of each year, the board shall disburse each county's share to the county auditor. At the approval of the county commissioners, the disbursement shall be used to obtain, maintain, and update technology and equipment used to provide services for the office of the register of deeds. The first disbursement of this fund may not occur before August 14, 2012.

    Section 15. The county registers of deeds technology expense relief fund shall be audited annually by the appropriate auditing agency.

    Section 16. The board may accept any gifts, contributions, or funds obtained from any other source for the purpose of carrying out the provisions of sections 8 to 17, inclusive, of this Act. The administration and expenditure of these funds shall be in accordance with the provisions of sections 8 to 17, inclusive, of this Act.

    Section 17. If the county registers of deeds technology expense relief fund is discontinued, the board shall equally distribute the money in the fund to each county.".


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    On page 1, line 2, of the House Local Government Committee engrossed bill, after "deeds" insert "to designate a portion of the fees to a county registers of deeds technology expense relief fund, and to create a fund and board to distribute and administer the fees deposited in the fund".

Respectfully submitted,             Respectfully submitted,

____________________________        ____________________________
Justin Cronin                    Timothy Rave
House Committee Chair            Senate Committee Chair