CHAPTER 112

(HB 1205)

Attorney of record exemption from the fee for certain records searches.

         ENTITLED, An Act to  provide for an exemption to the records search fee for attorneys of record.

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

     Section  1.  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 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.

     Signed February 16, 2006

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