CHAPTER 128

(SB 159)

State's attorney's duties regarding dishonored checks clarified.

         ENTITLED, An Act to  prohibit certain civil penalties on dishonored checks and to revise the duties of the state's attorneys with respect thereto.

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

     Section  1.  That § 22-30A-33 be amended to read as follows:

     22-30A-33.   If the drawer of a check does not pay the fees and costs provided for in § 57A-3- 421 and the amount of the check to the holder of the check within thirty days of the mailing of the notice of dishonor, the drawer shall owe to the holder of the check an additional civil penalty equal to twice the amount of the check. The state's attorney may then prosecute the dishonor. No state's attorney may collect a civil penalty for prosecuting the dishonor. No state's attorney may assign a check for civil collection for violation of § §  22-30A-24 or 22-30A-25.

     Signed March 2, 2006

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