FOR AN ACT ENTITLED, An Act to make an appropriation to the Unified Judicial System court automation fund and revise certain record search fees charged by clerks of court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. There is hereby appropriated from the general fund the sum of one dollar ($1), or so much thereof as may be necessary, to the Unified Judicial System court automation fund created in § 16-2-38 for costs related to the court automation system.
    Section 2. The Chief Justice shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.
    Section 3. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8.
    Section 4. That § 16-2-29.5 be amended to read as follows:
    16-2-29.5. The clerk of court shall charge a records search fee in the amount of fifteen twenty dollars for each record search conducted if the search is requested by a person who is not a party named in the action for which the search is being requested. The clerk shall charge a fee of five dollars if the requesting party certifies that the search is being requested in conjunction

with a pending state or federal cause of action. A separate fee shall be charged for each name, whether individual or corporate, for which a search is requested. The clerk shall deposit the fee in accordance with § 16-2-43. The clerk may not charge a records search fee if the search is requested by an attorney of record or any member of the attorney of record's law firm or staff.
    Section 5. After June 30, 2017, notwithstanding § 16-2-29.5, the clerk of court shall charge a records search fee in the amount of fifteen dollars for each record search conducted if the search is requested by a person who is not a party named in the action for which the search is being requested.
    Section 6. The provisions of this Act shall become effective January 1, 2013.