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2024 Senate Bill 152 - SD Legislature establish maximum fees for legal publications and to remove related rule-making authority from the Bureau of Administration.

24.745.14 99th Legislative Session 152

2024 South Dakota Legislature

Senate Bill 152

Introduced by: Senator Breitling

An Act to establish maximum fees for legal publications and to remove related rule-making authority from the Bureau of Administration.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 17-2-19 be AMENDED:

17-2-19. If any legal publication of anything is required or allowed by law, and no other fee is prescribed for that publication, the Bureau of Administration shall establish, by rules promulgated pursuant to chapter 1-26, the maximum fee which may be charged for the publication. The bureau shall annually review and adjust rates to reflect changes in economic conditions within the newspaper industry and the general economy. The bureau shall consult with representatives of the daily and weekly newspaper industry and with representatives of local units of governments. the maximum fee that may be charged for the publication is:

(1) If the legal newspaper has a paid circulation of less than nine thousand, 35.5 cents per line for eight-point type, and 31.4 cents per line for nine-point type, for a column width of eleven picas. If column widths vary, the rate per line is adjusted based on the percentage of space used. Tabular matter with one justification is charged at one and one-half times the rates set in this subdivision, and tabular matter with two justifications or more at twice the rates; and

(2) If the legal newspaper has a paid circulation of nine thousand or more:

Newspaper circulation

Rate per column inch, six-point type

9,000 – 19,999

$6.23

20,000 – 29,999

$6.54

30,000 – 39,999

$6.87

40,000 and over

$7.36

Beginning July 1, 2025, and again on each July first thereafter, the maximum rates described in this section are to increase by either two percent or the index factor described in § 10-13-38, whichever is less. The commissioner of the Bureau of Administration or its designee shall publish the adjusted rates for the following year in the South Dakota Register by December fifteenth each year, which are effective on July first of the following year.

Underscores indicate new language.

Overstrikes indicate deleted language.