AN ACT
ENTITLED, An Act to
revise certain remittance procedures for county registers of deeds and
sheriffs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 7-9-1 be amended to read as follows:
7-9-1. The register of deeds shall keep full and true records in proper books, of all deeds, mortgages, and other instruments authorized by law to be recorded in the register of deeds' office, and records of all chattel mortgages, bills of sale, conditional sale contracts, and other instruments authorized by law to be filed in the register of deeds' office, if the person offering any of such instruments pays the fee required by law for recording or filing the same. Any document presented for recording with the register of deeds shall contain a typed, stamped, or printed legend stating the words, prepared by, followed by the name, address, and telephone number of the preparer. The following documents are exempt from this requirement:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 7-9-1 be amended to read as follows:
7-9-1. The register of deeds shall keep full and true records in proper books, of all deeds, mortgages, and other instruments authorized by law to be recorded in the register of deeds' office, and records of all chattel mortgages, bills of sale, conditional sale contracts, and other instruments authorized by law to be filed in the register of deeds' office, if the person offering any of such instruments pays the fee required by law for recording or filing the same. Any document presented for recording with the register of deeds shall contain a typed, stamped, or printed legend stating the words, prepared by, followed by the name, address, and telephone number of the preparer. The following documents are exempt from this requirement:
(1)
Documents dated prior to July 1, 1994;
(2)
Documents prepared by the United States of America, this state, or any instrumentality,
agency, or political subdivision of either; and
(3)
Court certified documents.
The register of deeds may destroy those records that the state records destruction board, pursuant
to
§
1-27-19, has declared to be of no further administrative, legal, fiscal, research, or historical value.
Section 2. That § 7-9-17 be amended to read as follows:
7-9-17. Within the time frame established by the county commission, the register of deeds shall deposit with the county treasurer the total amount of fees and other collections received. Unless otherwise required, all fees and other collections shall be placed to the credit of the general fund. At the discretion of the register of deeds, fees and other transactions may be charged on account but shall be collected by the end of the following month. The register of deeds shall maintain a detailed
Section 2. That § 7-9-17 be amended to read as follows:
7-9-17. Within the time frame established by the county commission, the register of deeds shall deposit with the county treasurer the total amount of fees and other collections received. Unless otherwise required, all fees and other collections shall be placed to the credit of the general fund. At the discretion of the register of deeds, fees and other transactions may be charged on account but shall be collected by the end of the following month. The register of deeds shall maintain a detailed
record of any accounts receivable.
Section
3.
That chapter 7-9 be amended by adding thereto a NEW SECTION to read as follows:
A register of deeds is not personally liable for any insufficient-funds or no-account checks or
uncollectible accounts receivable for any transaction collected or charged if the register of deeds
exercised due diligence and if such collections or charges arise in the course of the register of deeds'
official duties. The collection and removal procedures of
§
§
7-11-4 and 7-11-4.2 also apply to
transactions of the register of deeds office.
Section 4. That § 7-12-19.1 be amended to read as follows:
7-12-19.1. Any person who is charged any fee and traveling expenses by a sheriff shall make payment to the county sheriff including, but not limited to, the fees provided in § 7-12-18. The sheriff shall keep a record of all fees collected and remit the fees to the county treasurer in accordance with the timeframe established by the county commission.
An Act to revise certain remittance procedures for county registers of deeds and sheriffs.
Section 4. That § 7-12-19.1 be amended to read as follows:
7-12-19.1. Any person who is charged any fee and traveling expenses by a sheriff shall make payment to the county sheriff including, but not limited to, the fees provided in § 7-12-18. The sheriff shall keep a record of all fees collected and remit the fees to the county treasurer in accordance with the timeframe established by the county commission.
An Act to revise certain remittance procedures for county registers of deeds and sheriffs.
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I certify that the attached Act originated in the
SENATE as
Bill
No.
9
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____________________________
Secretary of the Senate
Secretary of the Senate
____________________________
President of the Senate
President of the Senate
Attest:
____________________________
Secretary of the Senate
Secretary of the Senate
____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
Chief Clerk
Senate
Bill
No.
9
File No. ____
Chapter No. ______=========================
Received at this Executive Office this ____ day of _____________ ,
File No. ____
Chapter No. ______
Received at this Executive Office this ____ day of _____________ ,
19___ at _____ M.
By _________________________
for the Governor
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 19___
____________________________
Governor
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 19___
at _________ o'clock __ M.
____________________________
Secretary of State
Secretary of State
By _________________________
Asst. Secretary of State
