AN ACT
ENTITLED, An Act to revise and repeal certain fees that are established to compensate counties for
services provided by county officials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 3-5-10 be repealed.
Section 2. That § 7-10-8 be repealed.
Section 3. That § 7-25-15 be repealed.
Section 4. That § 32-3-18 be amended to read:
32-3-18. Application for a certificate of title shall be made to the county treasurer, upon a form prescribed by the secretary. The application shall contain a listing of all owners along with either a South Dakota driver license number or social security number, or, if a business, the federal employer identification number; the address of the applicant; a full description of the vehicle with vehicle identification numbers, if any; a statement of applicant's title and all liens and encumbrances on the vehicle; the county in which the vehicle is to be kept; and the names and addresses of the holders of all liens, title reservations, and encumbrances on the vehicle. The application shall be accompanied by a fee of ten dollars. Five dollars of the fee shall be deposited in the state motor vehicle fund and five dollars shall be deposited in the county general fund. If a certificate of title has previously been issued for the motor vehicle, trailer, or semitrailer in this state, it shall be accompanied by the certificate of title duly assigned, unless provided for in this chapter.
Section 5. That § 32-3-45 be amended to read:
32-3-45. The county treasurer shall charge a fee of ten dollars for each notation of any lien on a certificate of title. No fee may be charged for the cancellation of such lien. The fee shall be deposited in the county general fund.
Section 6. That § 32-3A-15 be amended to read:
32-3A-15. The county treasurer may charge the boat owner an administrative fee not to exceed three dollars for each boat license sold pursuant to this chapter. The fee shall be deposited in the county general fund.
Section 7. That § 32-3A-25 be amended to read:
32-3A-25. The county treasurer shall charge a ten dollar fee for issuance of a certificate of title, a transfer of title, or a corrected certificate of title. Five dollars of the fee shall be deposited in the state general fund and five dollars shall be deposited in the county general fund. If a certificate of title is lost, stolen, mutilated, destroyed, or becomes illegible, the owner named in the certificate shall obtain a duplicate by applying to the county treasurer. The applicant shall furnish information the department requires concerning the original certificate and the circumstances of its loss, mutilation, or destruction. Mutilated or illegible certificates shall be returned to the department with the application for a duplicate. The duplicate certificate of title shall be marked plainly, duplicate, across its face and mailed or delivered to the applicant or as otherwise directed by the owner. If a lost or stolen original certificate of title for which a duplicate has been issued is recovered, the original shall be surrendered promptly to the department for cancellation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 3-5-10 be repealed.
Section 2. That § 7-10-8 be repealed.
Section 3. That § 7-25-15 be repealed.
Section 4. That § 32-3-18 be amended to read:
32-3-18. Application for a certificate of title shall be made to the county treasurer, upon a form prescribed by the secretary. The application shall contain a listing of all owners along with either a South Dakota driver license number or social security number, or, if a business, the federal employer identification number; the address of the applicant; a full description of the vehicle with vehicle identification numbers, if any; a statement of applicant's title and all liens and encumbrances on the vehicle; the county in which the vehicle is to be kept; and the names and addresses of the holders of all liens, title reservations, and encumbrances on the vehicle. The application shall be accompanied by a fee of ten dollars. Five dollars of the fee shall be deposited in the state motor vehicle fund and five dollars shall be deposited in the county general fund. If a certificate of title has previously been issued for the motor vehicle, trailer, or semitrailer in this state, it shall be accompanied by the certificate of title duly assigned, unless provided for in this chapter.
Section 5. That § 32-3-45 be amended to read:
32-3-45. The county treasurer shall charge a fee of ten dollars for each notation of any lien on a certificate of title. No fee may be charged for the cancellation of such lien. The fee shall be deposited in the county general fund.
Section 6. That § 32-3A-15 be amended to read:
32-3A-15. The county treasurer may charge the boat owner an administrative fee not to exceed three dollars for each boat license sold pursuant to this chapter. The fee shall be deposited in the county general fund.
Section 7. That § 32-3A-25 be amended to read:
32-3A-25. The county treasurer shall charge a ten dollar fee for issuance of a certificate of title, a transfer of title, or a corrected certificate of title. Five dollars of the fee shall be deposited in the state general fund and five dollars shall be deposited in the county general fund. If a certificate of title is lost, stolen, mutilated, destroyed, or becomes illegible, the owner named in the certificate shall obtain a duplicate by applying to the county treasurer. The applicant shall furnish information the department requires concerning the original certificate and the circumstances of its loss, mutilation, or destruction. Mutilated or illegible certificates shall be returned to the department with the application for a duplicate. The duplicate certificate of title shall be marked plainly, duplicate, across its face and mailed or delivered to the applicant or as otherwise directed by the owner. If a lost or stolen original certificate of title for which a duplicate has been issued is recovered, the original shall be surrendered promptly to the department for cancellation.
A fee of ten dollars shall be paid to the department for each duplicate title issued.
Section 8. That § 32-3A-30 be amended to read:
32-3A-30. A security interest created in this state on a large boat is not perfected until the security interest is noted on the manufacturer's statement of origin, on the manufacturer's certificate of origin, or on the certificate of title. To perfect the security interest, a copy of the security agreement shall be presented along with the manufacturer's statement of origin, the manufacturer's certificate of origin, or the original title. The secretary of revenue, the county treasurer, or the seller, buyer, owner, or holder of the manufacturer's statement of origin, the manufacturer's certificate of origin, or the certificate of title shall note the security interest at any place on the manufacturer's
Section 8. That § 32-3A-30 be amended to read:
32-3A-30. A security interest created in this state on a large boat is not perfected until the security interest is noted on the manufacturer's statement of origin, on the manufacturer's certificate of origin, or on the certificate of title. To perfect the security interest, a copy of the security agreement shall be presented along with the manufacturer's statement of origin, the manufacturer's certificate of origin, or the original title. The secretary of revenue, the county treasurer, or the seller, buyer, owner, or holder of the manufacturer's statement of origin, the manufacturer's certificate of origin, or the certificate of title shall note the security interest at any place on the manufacturer's
statement of origin, the manufacturer's certificate of origin, or the certificate of title. If so noted, the
lien is perfected against the creditors of the debtor, is valid against the creditors of the debtor,
whether armed with process or not, and subsequent purchasers and other lien holders or claimants,
but otherwise is not valid against them. The fee for noting the lien is ten dollars. The fees shall be
deposited in the county general fund. The certificate of title shall be presented to the county treasurer
if a lien is to be noted on an existing certificate of title.
The owner shall present the certificate of title to the county treasurer when a release statement
is filed.
Section 9. That § 32-9-21 be amended to read:
32-9-21. Each motor carrier desiring to discontinue using a vehicle as a commercial motor vehicle, may, on or before the termination of any year as provided in § 32-9-17, return the commercial motor vehicle plates and certificates to the county treasurer of the county where the vehicle was registered together with an application for the discontinuance. Upon satisfactory evidence that the carrier will not further operate the vehicle as a commercial motor vehicle, the county treasurer shall issue to the person, corporation, or limited liability company, so applying, a warrant for the amount due for the remaining months of that year less a ten dollar administrative fee which shall be retained by the county. The commercial motor vehicle plates and certificates shall be in the possession of the county treasurer on or before the fifth day of the month to receive credit for that month.
Section 10. That § 7-12-23 be amended to read:
7-12-23. If any person accused of a public offense is taken before a judge in chambers for the purpose of entering a plea of guilty, and receives a penitentiary sentence, the sheriff shall be reimbursed pursuant to §§ 7-12-21 and 7-12-22.
Section 9. That § 32-9-21 be amended to read:
32-9-21. Each motor carrier desiring to discontinue using a vehicle as a commercial motor vehicle, may, on or before the termination of any year as provided in § 32-9-17, return the commercial motor vehicle plates and certificates to the county treasurer of the county where the vehicle was registered together with an application for the discontinuance. Upon satisfactory evidence that the carrier will not further operate the vehicle as a commercial motor vehicle, the county treasurer shall issue to the person, corporation, or limited liability company, so applying, a warrant for the amount due for the remaining months of that year less a ten dollar administrative fee which shall be retained by the county. The commercial motor vehicle plates and certificates shall be in the possession of the county treasurer on or before the fifth day of the month to receive credit for that month.
Section 10. That § 7-12-23 be amended to read:
7-12-23. If any person accused of a public offense is taken before a judge in chambers for the purpose of entering a plea of guilty, and receives a penitentiary sentence, the sheriff shall be reimbursed pursuant to §§ 7-12-21 and 7-12-22.
If a penitentiary sentence is not imposed, the sheriff shall be reimbursed for the actual expenses
for conveying the person to and from the judge by the nearest traveled route. This payment shall be
made by the county where the alleged offense was committed.
Section 11. That § 7-12-18 be amended to read:
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, twenty-five
dollars;
(2) 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 of the instrument, fifty 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. However, for all such process or instruments served upon another such person at
approximately the same time at the same place, ten dollars;
(3) For serving subpoena for witness, each person, twenty dollars;
(4) For traveling expenses in a motor vehicle, a mileage allowance of eight cents above the
rate set for state employees by the State Board of Finance for each mile actually and
necessarily traveled by 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. However, actual
cost may be paid for travel by train, bus, plane, or other commercial vehicle;
(5) For serving writ of execution and return of the instrument, whether satisfied or
unsatisfied, ninety-five dollars;
(6) For levying writ of possession, fifty 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;
(7) For advertisement of sale in newspaper, in addition to printing, twenty-five dollars;
(8) For posting notices of sale of real property, twenty-five dollars, and mileage;
(9) For executing writ or order of partition, twenty-five dollars;
(10) For making deed for land sold on execution or order of sale, one hundred dollars except
no fee is charged when the deed only requires the sheriff's signature;
(11) In addition to the applicable fees and expenses, a commission of six percent 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. However, in no case may the
commission be less than fifty dollars or more than three thousand five hundred dollars.
If the execution or order of sale is a foreclosure of a real estate mortgage, the commission
may not be more than one thousand five hundred 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 each case 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;
(12) For a case in the circuit court, if a person, in whose favor an execution or order of sale is
issued, bids on 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
on is one thousand dollars or less, the sum of forty dollars; and if the amount for which
the property is bid on is more than one thousand dollars, the sum of one hundred dollars;
(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
(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 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.
Section 12. That § 14-6-1 be amended to read:
14-6-1. Upon order of the presiding judge of the circuit court made and filed in the office of the clerk of courts of any county within the circuit of which such county is a part, the clerk of courts of such county shall collect in each civil action, proceeding for judicial remedy, and probate proceeding, as a county lawbook and county law library fee, a sum of three dollars in actions commenced pursuant to chapter 15-39 and a sum of seven dollars in all other civil actions, proceedings for judicial remedy, and probate proceedings. The clerk shall collect the fee in the manner in which other fees are collected from the plaintiff or person instituting the action or proceeding, at the time of filing the first paper in the action or proceeding. However, no surcharge may be collected for any petition or motion to modify final orders for child support, child custody, child visitation, or spousal support or in any civil action or proceeding for judicial remedy commenced by the state, a county, a municipality, or a school district.
Section 13. That § 7-31-10 be amended to read:
7-31-10. If the parties concerned cannot agree upon the value of the improvements to county-owned land, the board of county commissioners shall appoint a board of appraisal, to view the improvements and determine the value. The board of appraisal shall be composed of three disinterested persons who shall file with the board of county commissioners an itemized report of the appraisal, signed by at least two members of the board of appraisal. Members of the board of
Section 12. That § 14-6-1 be amended to read:
14-6-1. Upon order of the presiding judge of the circuit court made and filed in the office of the clerk of courts of any county within the circuit of which such county is a part, the clerk of courts of such county shall collect in each civil action, proceeding for judicial remedy, and probate proceeding, as a county lawbook and county law library fee, a sum of three dollars in actions commenced pursuant to chapter 15-39 and a sum of seven dollars in all other civil actions, proceedings for judicial remedy, and probate proceedings. The clerk shall collect the fee in the manner in which other fees are collected from the plaintiff or person instituting the action or proceeding, at the time of filing the first paper in the action or proceeding. However, no surcharge may be collected for any petition or motion to modify final orders for child support, child custody, child visitation, or spousal support or in any civil action or proceeding for judicial remedy commenced by the state, a county, a municipality, or a school district.
Section 13. That § 7-31-10 be amended to read:
7-31-10. If the parties concerned cannot agree upon the value of the improvements to county-owned land, the board of county commissioners shall appoint a board of appraisal, to view the improvements and determine the value. The board of appraisal shall be composed of three disinterested persons who shall file with the board of county commissioners an itemized report of the appraisal, signed by at least two members of the board of appraisal. Members of the board of
appraisal shall be paid at the state rate established pursuant to chapter 3-9 for per diem and mileage
necessarily traveled in making the appraisal. The owner of the improvements shall deposit a sum
with the county treasurer, prior to the appraisal sufficient to cover the cost of appraisal as determined
by the board of county commissioners. The board of appraisal shall be paid from the deposit and any
excess shall be refunded to the owner of the improvements.
Section 14. That § 48-7A-105 be amended to read:
48-7A-105. (a) A statement may be filed in the Office of the Secretary of State. A certified copy
of a statement that is filed in an office in another state may be filed in the Office of the Secretary of
State. Either filing has the effect provided in this chapter with respect to partnership property located
in or transactions that occur in this state.
(b) A certified copy of a statement that has been filed in the Office of the Secretary of State and
recorded in the office of the register of deeds has the effect provided for recorded statements in this
chapter. A recorded statement that is not a certified copy of a statement filed in the Office of the
Secretary of State does not have the effect provided for recorded statements in this chapter.
(c) A statement filed by a partnership must be executed by at least two partners. Other statements
must be executed by a partner or other person authorized by this chapter. An individual who executes
a statement as, or on behalf of, a partner or other person named as a partner in a statement shall
personally declare under penalty of perjury that the contents of the statement are accurate.
(d) A person authorized by this chapter to file a statement may amend or cancel the statement
by filing an amendment or cancellation that names the partnership, identifies the statement, and
states the substance of the amendment or cancellation.
(e) A person who files a statement pursuant to this section shall promptly send a copy of the
statement to every nonfiling partner and to any other person named as a partner in the statement.
Failure to send a copy of a statement to a partner or other person does not limit the effectiveness of
the statement as to a person not a partner.
The secretary of state may collect a fee for filing or providing a certified copy of a statement. The
register of deeds may collect a fee in accordance with subdivisions 7-9-15(1) and (2) for recording
a statement filed pursuant to this section.
Section 15. That § 32-11-29 be amended to read:
32-11-29. The following fees:
Section 15. That § 32-11-29 be amended to read:
32-11-29. The following fees:
(1) Fees collected under §§ 32-3-57, 32-5-99, 32-5-111, and 32-7A-14.1;
(2) The two percent of motor vehicle license collections referred to in § 32-11-4.1; and
(3) The title fees collected under § 32-3-27;
shall be credited to the state motor vehicle fund. All revenues not appropriated from the special revenue fund established by § 32-5-10.2 shall remain in the fund for the next fiscal year and be used solely for purposes of motorcycle safety courses and motorcycle safety education.
An Act to revise and repeal certain fees that are established to compensate counties for services provided by county officials.
shall be credited to the state motor vehicle fund. All revenues not appropriated from the special revenue fund established by § 32-5-10.2 shall remain in the fund for the next fiscal year and be used solely for purposes of motorcycle safety courses and motorcycle safety education.
An Act to revise and repeal certain fees that are established to compensate counties for services provided by county officials.
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I certify that the attached Act originated in the
HOUSE as Bill No. 1005
____________________________
Chief Clerk ____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
____________________________
Attest:
____________________________
Secretary of the Senate
House Bill No. 1005 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
