CHAPTER 110

(SB 138)

Appointment of agent to receive legal process, revised.


         ENTITLED, An Act to  revise certain provisions regarding the appointment of an agent to receive any legal process.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 15-7-6 be amended to read as follows:

     15-7-6.   The use and operation by a resident of this state or his the resident's agent, or by a nonresident or his the nonresident's agent of a motor vehicle within the State of South Dakota, shall be deemed an irrevocable appointment by such the resident or his the resident's agent when he the resident has been absent from this state continuously for six months ninety days or more following a motor vehicle accident, or by such the nonresident or his the nonresident's agent at any time, of the secretary of state of South Dakota to be his or her true and lawful attorney upon whom may be served all legal process in any action or proceeding against him the resident or nonresident or his or her personal representative growing out of such use and operation of a motor vehicle within this state, resulting in damages or loss to person or property, whether the damage or loss occurs on a highway or on abutting public or private property. Such The appointment is binding upon the nonresident's personal representative. Such The use or operation of a motor vehicle by such the resident or nonresident is a signification of his the resident's or nonresident's agreement that any such process in any action against him the resident or nonresident or his or her personal representative which is so served, shall be of the same legal force and validity as if served upon him the resident or nonresident personally or on his the resident's or nonresident's personal representative.

     Signed February 28, 2006
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