State of South Dakota
|
SEVENTY-SIXTH
SESSION
LEGISLATIVE ASSEMBLY, 2001 |
366E0136 |
HOUSE BILL
NO.
1200
|
Introduced by: Representatives Broderick, Hargens, and Pummel and Senators Greenfield, Ham, Hutmacher, and Munson |
FOR AN ACT ENTITLED, An Act to
require certain format standards for real estate
documents filed at the register of deeds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 43-28 be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 43-28 be amended by adding thereto a NEW SECTION to read as follows:
Any real estate document recorded with the register of deeds, except for plats, shall:
(1) Consist of one or more individual sheets measuring no larger than 8.5 inches by 14
inches. Beginning on July 1, 2004, the document shall consist of one or more
individual sheets measuring no larger than 8.5 inches by 11 inches. No sheet may be
attached or affixed to a page that covers up any information or printed material on the
document. Any continuous document or any document sheets that are stapled, glued,
or bound together are subject to the additional fee established pursuant to subdivision
7-9-15(7);
(2) Be printed, typewritten, or computer generated in black ink and the print type of the
document may not be smaller than 10-point type;
(3) Be on white paper of not less than twenty pound weight;
(4) Contain a blank space at the top measuring three inches as measured from the top of
the page. The right half shall be used by the register of deeds for recording
information and left half used to designate the document preparer as required pursuant
to
§
7-9-1. Any subsequent page shall have a minimum of a one inch margin on each
side;
(5) Have a title prominently displayed at the top of the first page below the blank space
referred to in subdivision (4) of this section;
(6) Be sufficiently legible to reproduce a readable copy using the register of deed's current
method of reproduction; and
(7) Conform to the standards provided in subdivision (1) of this section or be subject to
the increased fees as provided in
§
7-9-15.
Section 2. That § 7-9-15 be amended to read as follows:
7-9-15. The register of deeds shall charge and receive the following fees:
Section 2. That § 7-9-15 be amended to read as follows:
7-9-15. The register of deeds shall charge and receive the following fees:
(1)
For recording deeds, mortgages, and all other instruments not specifically provided
for in this section or this code, the sum of ten dollars for the first page and two dollars
for each additional page or fraction thereof. Each rider or addendum shall be
considered as an additional page
. If a real estate document recorded with the register
of deeds does not conform to section 1 of this Act, the sum of ten dollars shall be
charged in addition to the fees specified in this subdivision
;
(2)
For a certified copy of any instrument of record, including certificate and official seal,
two dollars plus twenty cents for each page after five pages, and for an uncertified
copy, one dollar, plus twenty cents for each page after five pages. The board of
county commissioners by resolution shall establish the fees charged for duplicate
microfilm. In addition to the fee for a certified copy of the record of any birth, there
is an additional charge of two dollars for each copy requested, which shall be
submitted on a monthly basis to the state treasurer to be deposited in the children's
trust fund;
(3)
For filing and indexing a bill of sale, seed grain lien, or thresher's lien, the sum of ten
dollars. No fee may be charged for filing any satisfaction or termination of any
instrument as prescribed in this subdivision;
(4)
For recording oil, gas, and mineral leases, and other recorded documents relating to
mineral or oil and gas lease exploration and development, six dollars per page; and
(5)
Notwithstanding the provisions of subdivision (2) of this section, the board of county
commissioners shall fix by resolution the fees to be paid by licensed abstracters of the
county or by any person who has passed the written examination established by the
Abstracters' Board of Examiners pursuant to
§
36-13-11 for uncertified copies of
recorded instruments, which fee may not exceed the actual cost to the county for
providing such copies.
The register of deeds may not charge a fee for discharging or canceling any personal property
lien.