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Bill > SB5
SD SB5
SD SB5Permit a sheriff to charge a fee for service of process, whether service is completed or not.
summary
Introduced
01/14/2025
01/14/2025
In Committee
01/29/2025
01/29/2025
Crossed Over
01/21/2025
01/21/2025
Passed
01/30/2025
01/30/2025
Dead
Signed/Enacted/Adopted
02/11/2025
02/11/2025
Introduced Session
2025 Regular Session
Bill Summary
AN ACT ENTITLED An Act to permit a sheriff to charge a fee for service of process, whether service is completed or not.
AI Summary
This bill amends South Dakota law to explicitly allow sheriffs to charge a fee for service of process (legal documents like summons, warrants, or citations) even if the service is not ultimately completed. Specifically, the bill modifies an existing statute that outlines sheriff fees, updating section 7-12-18 to clarify that for any process submitted to be served, the sheriff can charge up to fifty dollars, regardless of whether the service is successfully executed. The bill maintains existing provisions that limit sheriffs to charging only one fee for multiple processes served on the same person at the same time, and stipulates that these fees must be used for law enforcement purposes. This change provides sheriffs with more consistent compensation for their attempts to serve legal documents, recognizing the time and effort involved in locating and attempting to serve legal papers, even when those attempts do not result in successful service.
Committee Categories
Justice
Sponsors (23)
Helene Duhamel (R)*,
Tim Walburg (R)*,
Jeff Bathke (R),
Heather Baxter (R),
Randy Deibert (R),
Mary Fitzgerald (R),
Josephine Garcia (R),
Tamara Grove (R),
Amber Hulse (R),
David Kull (R),
Liz Larson (D),
Jim Mehlhaff (R),
Scott Moore (R),
Erik Muckey (D),
Peri Pourier (R),
Tim Reed (R),
Tim Reisch (R),
Matt Roby (R),
Kent Roe (R),
Mike Stevens (R),
Nicole Uhre-Balk (D),
Kevin Van Diepen (R),
Curt Voight (R),
Last Action
Signed by the Governor on February 11, 2025 S.J. 224 (on 02/11/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://sdlegislature.gov/#/Session/Bill/25635 |
| BillText | https://mylrc.sdlegislature.gov/api/Documents/279384.pdf |
| BillText | https://mylrc.sdlegislature.gov/api/Documents/275535.pdf |
| Senate Judiciary Amendment 5A | https://mylrc.sdlegislature.gov/api/Documents/274313.pdf |
| BillText | https://mylrc.sdlegislature.gov/api/Documents/272391.pdf |
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