Signed by Governor Larry Rhoden

Vote Smart's Synopsis:

Vote to pass a bill that authorizes sheriffs to charge a fee for service of process, whether service is completed or not in South Dakota.

Highlights:

• Authorizes a sheriff to charge a fee for service or process, whether service is completed or not in South Dakota (Sec. 1). 

• Specifies the following charges as falling under the provisions of this bill (Sec. 1):

• $25 for serving an order or arrest with commitment or bail bond and return;

• No more than $50 for any summons, complaint, warrant of attachment, affidavit, notice and undertaking in claim and delivery, injunction, order to show cause or citation;

• $20 for serving subpoena for witness;

• $10 and specified mileage allowances for traveling expenses in a motor vehicle;

• $95 for serving a writ of execution and return of the instrument;

• $50 for levying a writ of possession

• $25 for the advertisement of the sale in a newspaper;

• $25 and mileage for posting notices of sale of real property;

• $25 for executing writ or order of partition; and

• $100 for making a deed for land sold on execution or order of sale.

• Requires that the fees established by the provisions of this bill must be used for law enforcement purposes (Sec. 1). 

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Sec. 2).

Full Bill Text