SB 82 revise certain fees charged by sheriffs.
State of South Dakota
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EIGHTY-SECOND SESSION
LEGISLATIVE ASSEMBLY,
2007
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429N0104
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SENATE LOCAL GOVERNMENT COMMITTEE
ENGROSSED
NO.
SB 82
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02/05/2007
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Introduced by:
Senators Dempster, Albers, Gray, Hanson (Gary), Heidepriem, Hunhoff, and
McCracken and Representatives Hargens, Gillespie, Howie, Moore, Rave,
Rhoden, and Rounds
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FOR AN ACT ENTITLED, An Act to
revise certain fees charged by sheriffs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
7-12-18
be amended to read as follows:
7-12-18.
The sheriff shall charge and remit the following:
(1)
For serving an order of arrest with commitment or bail bond and return,
ten
twenty-
five
dollars;
(2)
For each search on a search warrant, four dollars;
(3)
For arresting under search warrant, each defendant, six dollars;
(4)
For serving summons, complaint, warrant of attachment, affidavit, notice and
undertaking in claim and delivery, or injunction, order to show cause, citation, or
other process, and return
thereof, sixteen dollars and fifty cents
of the instrument,
twenty-five dollars
for all such process or instruments served at the same time upon
the same person regardless of the capacities in which such person is served
, but
.
However,
for all such process or instruments served upon another such person at
approximately the same time at the same place, five dollars;
(5)
(3)
For serving subpoena for witness, each person,
seven dollars and fifty cents
ten
dollars
;
(6)
For taking and filing undertaking in claim and delivery or other indemnification to
be furnished to and approved by the sheriff, six dollars;
(7)
(4)
For traveling expenses in
cars or planes owned by the sheriff, or necessary emergency
vehicles
a motor vehicle
, a minimum mileage allowance of at least three cents over
and above the rate set for state employees by the State Board of Finance but not more
than six cents above the rate set for state employees by the State Board of Finance,
as determined by the board of county commissioners, for each mile actually and
necessarily traveled by
car;
motor vehicle. For traveling expenses in a private plane,
a mileage allowance of
ten cents above the rate set for state employees by the State
Board of Finance for each mile actually and necessarily traveled by private plane
;
except
. However,
actual cost may be paid for travel by train, bus, plane, or other
commercial vehicle;
(8)
(5)
For serving writ of execution and return
thereof
of the instrument,
whether satisfied
or unsatisfied,
sixteen
thirty-five
dollars;
(9)
(6)
For levying writ of possession,
eleven
twenty-five
dollars
. However, if the sale of the
property levied upon is not subsequently held, the actual costs or expenses associated
with levying writ of possession shall be paid
;
(10)
For serving notice upon each juror who refuses or neglects to accept service of
summons mailed by the clerk, four dollars, and twenty cents for each mile actually
and necessarily traveled;
(11)
For each person not on the regular panel called as a juror during any term of court by
order of the court, two dollars, and fifteen cents for each mile actually and necessarily
traveled;
(12)
For summoning special jury, for each person impaneled, two dollars;
(13)
For serving notice of motion or other notice or order of court, two dollars;
(14)
For executing writ of habeas corpus and return, three dollars and twenty-five cents;
(15)
For serving writ of restitution and return, eight dollars;
(16)
For calling inquest to appraise any goods and chattels which the sheriff may be
required to have appraised, four dollars; and to each appraiser to be taxed as cost, ten
dollars;
(17)
(7)
For advertisement of sale in newspaper, in addition to printing,
seven
twenty-
five
dollars;
(18)
(8)
For posting notices of sale of real property,
five
twenty-five
dollars, and
mileage;
(19)
(9)
For executing writ or order of partition,
thirteen
twenty-five
dollars;
(20)
(10)
For making deed for land sold on execution or order of sale,
twenty-six
fifty
dollars except no fee is charged when the deed only requires the sheriff's
signature;
(21)
(11)
In addition to the applicable fees and expenses, a commission on all money
received and disbursed by the sheriff on execution or order of sale, order of
attachment, decree or on sale of real property or personal property, for each
dollar not exceeding four hundred dollars,
nine
eleven
cents; for each dollar
above four hundred dollars, and not exceeding one thousand dollars,
five
seven
cents; for each dollar above one thousand dollars,
not to exceed
and not
exceeding
fifteen thousand dollars,
five cents; for each dollar above fifteen
thousand dollars, and not exceeding twenty-five thousand dollars,
three cents
;
but
. However,
in no case may the commission be less than
fifteen
twenty-five
dollars. The commissions shall be included as a part of the cost of execution,
order of sale, order of attachment, decree, or on sale of real or personal
property, which shall be paid by the debtor out of the proceeds. However, in
all cases of redemption prior to the sale, the sheriff is entitled to the
commission as stated above, to be paid by the redemptioner as a cost of the
redemption;
(22)
(12)
For cases in the circuit court
,
if persons, in whose favor an execution or order
of sale is issued, bid in the property sold on execution or decree, the sheriff or
officer making the sale shall receive the following compensation: If the
amount for which the property is bid in is one thousand dollars or less, the sum
of twenty dollars
; if
. If
the amount for which the property is bid in is more
than one thousand dollars, the sum of
forty
fifty
dollars;
(23)
(13)
For making a sale of real property under a foreclosure of mortgage by
advertisement, the same fees as for the sale of real property under a judgment
of foreclosure and sale of real property;
and
(24)
(14)
If personal property is taken by the sheriff on execution or warrant of
attachment and applied in the satisfaction of the debt without sale, the same
percentage on the appraised value of the property as in the case of a sale and
all
additional
reasonable and necessary costs and expenses incurred in
executing the duties of sheriff
under this chapter to the extent that such costs
and expenses are not otherwise reimbursed
including expenses associated with
the removal of property from the premises
.
No fee may be charged in any action under § 25-10-3, 25-10-6, 22-19A-8, or 22-19A-12.
The fees established pursuant to this section shall be used for law enforcement purposes.