ENTITLED, An Act to revise the fee schedule for certain documents filed with the county register
of deeds, to create a county and statewide fund for the purpose of modernizing and preserving
records, and to distribute certain revenue.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. 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 thirty dollars for the first fifty pages plus two
dollars for each additional page or fraction thereof exceeding fifty pages. A real estate
document recorded with the register of deeds shall conform to § 43-28-23, but may not
be rejected for recording if the document does not comply with § 43-28-23 unless it is not
sufficiently legible or cannot be reproduced as a readable copy using the register of deeds'
current method of reproduction;
(2) For a certified copy of any instrument of record, including certificate and official seal, the
sum of five dollars for the first page plus one dollar for each additional page or fraction
thereof, and for an uncertified copy one dollar for each page. The fee applies to each copy
whether it is a hard copy, microfilm, electronic copy, or facsimile transmission. 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 thirty
dollars for the first fifty pages plus two dollars for each page or fraction thereof exceeding
fifty pages. 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, the sum of thirty dollars for the
first fifty pages plus two dollars for each page or fraction thereof exceeding fifty pages;
(5) For recording an easement filed by any entity created by chapter 34A-5, 46A-3A, or 46A-9 or any nonprofit engaged in the treatment, distribution, and sale of water to rural
consumers or any document filed by the Department of Transportation pertaining to the
acquisition of highway right-of-way, the sum of twenty dollars for the first three pages
plus two dollars for each additional page or fraction thereof; and
(6) 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.
Section 2. That § 11-3-11 be amended to read as follows:
11-3-11. The register of deeds of the county recording any plat shall receive the sum of sixty
dollars. The plat shall first be examined and accepted by the authorized governing body.
Section 3. That § 43-15A-9 be amended to read as follows:
43-15A-9. The register of deeds of the county recording any master deed or lease shall receive
the sum of seventy-five dollars for the first fifty pages plus two dollars per page for each page or
fraction thereof exceeding fifty pages. A master deed or lease shall be recorded in the same manner
and subject to the same provisions of law as are deeds. However, no state or local recordation tax
upon the value of the property transferred shall apply to the deed or portion thereof recorded solely
for the purpose of complying with the provisions of § 43-15A-3.
Section 4. That § 44-8-13 be amended to read as follows:
44-8-13. An assignment of a mortgage on real property may be recorded in like manner as a
mortgage when it is acknowledged or proved according to the statutes relating to proof of
instruments for record and contains the name of the mortgagor, the mortgagee, the assignee and the
assignee's post-office address, the date of the mortgage, the date, county, state, book, and page of
record of the mortgage and full description of the premises as described in the mortgage. This record
serves as notice to all parties in interest or parties subsequently dealing with the property. No more
than one assignment may be listed on the instrument.
Section 5. That § 44-9-50 be amended to read as follows:
44-9-50. Any owner or any person entering into a direct agreement with the owner, or the duly
authorized agent or representative of the owner, may file with the register of deeds of the county in
which the improved premises are situated a notice of project commencement. The notice of project
commencement shall contain the following information:
(1) The name and address of the person filing the notice of project commencement;
(2) The name and address of the owner or developer;
(3) A general description of the improvement; and
(4) The location of the project, including the legal description of the property.
The notice shall be filed within thirty days of the commencement of work and shall be
accompanied by a filing fee as provided in subdivision 7-9-15(3). The register of deeds in each
county shall maintain an index of all notices of project commencements.
Section 6. That § 43-20-10 be amended to read as follows:
43-20-10. The register of deeds of the county in which the corner is located shall charge a
recording fee of ten dollars.
Section 7. That § 43-28-23 be amended to read as follows:
43-28-23. 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
and no smaller 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;
(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. However, dates, notarial
acknowledgments, signatures, and other items may be completed in black or blue ink if
the document is predominantly completed in black ink and if the items that are completed
in blue ink are sufficiently dark to meet the requirements of subdivision (6);
(3) Be on white paper of not less than twenty pound weight;
(4) Contain a blank space at the top measuring no less than three inches as measured from the
top of the first page. The right half shall be used by the register of deeds for recording
information and the left half shall be used by the document preparer as required pursuant
to § 7-9-1 and may include other document information. All other margins shall be a
minimum of one inch;
(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; and
(6) Be sufficiently legible to reproduce a readable copy using the register of deed's current
method of reproduction.
Any document that does not conform to the requirements of subdivisions (1) to (5), inclusive,
has the same effect as conforming documents for all recording purposes, including establishing
priority. Any affidavit of publication, corner record, survey, certified court or governmental
document, and UCC form recorded against real estate is exempt from the provisions of this section.
Any plat or survey and certified vital record attached to documents is also exempt from the
provisions of this section.
The provisions of this section do not apply to any real estate document prepared and executed
prior to July 1, 2002.
Section 8. That chapter 7-9 be amended by adding thereto a NEW SECTION to read as follows:
There is hereby established a county register of deeds modernization and preservation relief fund
to be administered by the county register of deeds. The fund shall be used for modernization of
information systems and preservation of property and records. The register of deeds may purchase
or enter into agreements for software, training, equipment, maintenance, supplies, and contract
services. The fund may not be used for salaries. Any money deposited in the county register of deeds
modernization and preservation relief fund may not be reverted or transferred to the county general
fund or any other county fund.
Section 9. That chapter 7-9 be amended by adding thereto a NEW SECTION to read as follows:
Five dollars of each recording or filing fee collected by the register of deeds, pursuant to
subdivisions 7-9-15(1), (3), (4), and (5) and §§ 11-3-11, 43-15A-9, and 43-20-10, shall be deposited
into the county register of deeds modernization and preservation relief fund. Sixty percent of the
money deposited in the fund pursuant to this section shall remain in the fund for use by the register
of deeds pursuant to section 8 of this Act. Forty percent of the money deposited in the fund pursuant
to this section shall be remitted before the last working day of each month for the previous month's
collections to the South Dakota association of county officials register of deeds modernization and
preservation relief fund created pursuant to section 11 of this Act.
Section 10. That chapter 7-9 be amended by adding thereto a NEW SECTION to read as follows:
The county register of deeds modernization and preservation relief fund may not be construed
to diminish the duty of the county governing body to provide for funding for salaries, personnel,
supplies, equipment and other expenses for the register of deeds, even if the funding is relative to
technology and preservation in the performance of the duties of the register of deeds and any other
laws relating thereto. The register of deeds may accept and fully retain any gifts, grants,
contributions, or funds obtained from any other source for the purpose of carrying out the provisions
of sections 8 and 9 of this Act. The gifts, grants, contributions, or funds shall remain entirely with
the respective county register of deeds modernization and preservation relief fund.
Section 11. That chapter 7-9 be amended by adding thereto a NEW SECTION to read as follows:
There is hereby established a South Dakota association of county officials register of deeds
modernization and preservation relief fund to be administered by the South Dakota Association of
County Officials. Distributions, including the cost to administer the fund, shall be approved by the
executive board of the association of county officials.
Section 12. That chapter 7-9 be amended by adding thereto a NEW SECTION to read as follows:
The fiscal year for the South Dakota association of county officials register of deeds
modernization and preservation relief fund begins on July first and ends on June thirtieth. Before
July thirty-first of each year, the association of county officials shall compute each county's share
of the deposits from the previous fiscal year. The association shall certify each county's share of the
total fund and remit the share to the county auditor on or before August thirty-first of each year. The
money in the fund shall be divided equally among each of the sixty-six counties, less the
administrative fee to be determined by the board of directors for the South Dakota Association of
County Officials. The administrative fee may not exceed one percent of the total annual remittance
to the fund. The county auditor shall deposit the money received pursuant to this section in the
county register of deeds modernization and preservation relief fund.
An Act to revise the fee schedule for certain documents filed with the county register of deeds, to
create a county and statewide fund for the purpose of modernizing and preserving records, and to
distribute certain revenue.
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I certify that the attached Act
originated in the
HOUSE as Bill No. 1130
____________________________
Chief Clerk
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____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President of the Senate
____________________________
Secretary of the Senate
House Bill No. 1130
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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