ENTITLED, An Act to  provide for certain filing fees and surcharges in certain civil cases and to provide exemptions in certain cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section 1.  That § 16-2-29 be amended to read as follows:
     16-2-29.   The clerk of courts shall charge and collect the following fees:

             (1)      For the probate of an estate, seventy-five dollars;

             (2)      For all service connected with the preparation and transmission of a settled record to the Supreme Court, including the remittitur from the Supreme Court, fifty dollars;

             (3)      For any of the following, twenty-five dollars:

             (a)      Civil cases filed for jury or court trial;

             (b)      Guardianship or conservatorship actions, adoption cases, termination of life estates;

             (c)      Cases to determine amount of inheritance tax in estates in which real and personal property is transferred in contemplation of death;

             (d)      Default actions to quiet title to real property;

             (e)      Default cases involving garnishment proceedings;

             (f)      Dissolutions of corporations;

             (g)      Foreclosure actions;

             (h)      Special administration proceedings;

             (i)      Summary administration proceedings;

             (j)      Appeals to the circuit court from an action of a political subdivision of the state or from an action of the state or its officers, boards, agencies, and commissions; or

             (k)      All matters not otherwise provided for in this section;

             (4)      For any of the following, fifty dollars:

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             (a)    Petitions and motions to modify final child support orders, except if the petitioner or moving party is a recipient of assistance benefits pursuant to Title 28;

             (b)    Petitions and motions to modify final child custody orders;

             (c)    Petitions and motions to modify final visitation orders;

             (d)    Petitions and motions to modify final spousal support orders;

             (5)    For any of the following, five dollars:

             (a)      Issuing a transcript of a judgment;

             (b)      Filing and docketing a transcript of a judgment;

             (c)      Issuing and docketing an execution, commission, or writ;

             (d)      Filing a special execution; or

             (e)      Renewing a judgment according to § 15-16-33;

             (6)      For any of the following, two dollars:

             (a)      Reproducing an authenticated, exemplified, or double certificate of a record on file in the clerk's office;

             (b)      Certifying a document not excepted by subdivision (7) of this section;

             (c)      Issuing a subpoena in a civil case; or

             (d)      Safekeeping or filing of a will;

             (7)      All true and correct copies of any original record or paper furnished by the attorney of record or the personal representative qualified to act in any of the following cases which are necessary for the completion of the case shall be certified at no extra charge for the certification:

             (a)      Guardianship or conservatorship actions, adoption cases, termination of life estates, trusts, probate actions;

             (b)      Cases to determine amount of inheritance tax in estates in which real and personal property is transferred in contemplation of death; and

             (c)      Divorce actions;

             (8)      For a facsimile transmission of any opinion, record, or paper from an active or inactive file in the clerk's custody, one dollar per page, but the minimum charge is five dollars. Fees collected pursuant to this subdivision shall be deposited into the unified judicial system court automation fund.

     No fee for filing, docketing, issuing, recording, certifying, or searching, or other fee or commission, may be required of the state, any foreign state, or the federal government, or its officers, boards, agencies, and commissions, or its political subdivisions, in any action or proceeding commenced by the state or a political subdivision. In addition, no fee for record searches may be required of any agency of the federal government which is charged with law enforcement or investigatory duties under federal law.

     No filing fee may be required in any action under § 25-10-3, 25-10-6, 22-19A-8, or 22-19A-12.
     Section 2.  That § 16-2-39 be amended to read as follows:
     16-2-39.   In each civil action, proceeding for judicial remedy, and probate proceeding, the clerk of courts shall collect the sum of twenty dollars as a unified judicial system court automation surcharge. The twenty-dollar surcharge does not apply to a small claims action. In each small claims action, the clerk of courts shall collect as a unified judicial system court automation surcharge the sum of six dollars if the amount in controversy is less than four thousand dollars and eight dollars if the amount in controversy is four thousand dollars or more. The surcharge shall be collected from the plaintiff or person instituting the action or proceeding at the time of filing the first paper. The surcharge shall be collected by the clerk in the manner in which other fees are collected. However, no surcharge may be collected for any petition or motion to modify final orders for child support, child custody, child visitation, or spousal support or in any civil action or proceeding for judicial remedy commenced by the state, a county, a municipality, or a school district.
     Section 3.  That § 14-6-1 be amended to read as follows:
     14-6-1.   Upon order of the presiding judge of the circuit court made and filed in the office of the clerk of courts of any county within the circuit of which such county is a part, the clerk of courts of such county shall collect in each civil action, proceeding for judicial remedy, and probate proceeding, as a county lawbook and county law library fee, a sum of two dollars in actions commenced pursuant to chapter 15-39 and a sum of five dollars in all other civil actions, proceedings for judicial remedy, and probate proceedings. The clerk shall collect the fee in the manner in which other fees are collected from the plaintiff or person instituting such action or proceeding, at the time of filing the first paper in such action or proceeding. However, no surcharge may be collected for any petition or motion to modify final orders for child support, child custody, child visitation, or spousal support or in any civil action or proceeding for judicial remedy commenced by the state, a county, a municipality, or a school district.
     Section 4.  That chapter 16-2 be amended by adding thereto a NEW SECTION to read as follows:

     For any petition or motion to modify final orders for child support, child custody, child visitation, or spousal support, the clerk of courts shall collect the sum of fifty dollars as a commission on equal access to our courts surcharge. The surcharge shall be collected from the person filing the motion or petition at the time of filing. The surcharge shall be collected by the clerk in the manner in which other fees are collected. No surcharge may be collected in any civil action or proceeding commenced by the state, county, a municipality, or a school district. The surcharge may be waived pursuant to the provisions of § §  16-2-29.2 and 16-2-29.3.
     Section 5.  That chapter 16-2 be amended by adding thereto a NEW SECTION to read as follows:

     The clerk of courts shall collect all amounts due under section 4 of this Act and transmit such amounts monthly to the state treasurer who shall place such amounts received into the equal access to our courts fund.

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An Act to provide for certain filing fees and surcharges in certain civil cases and to provide exemptions in certain cases.

========================= I certify that the attached Act originated in the HOUSE as Bill No. 1097 ____________________________ Chief Clerk =========================      ____________________________ Speaker of the House Attest: ____________________________ Chief Clerk ____________________________ President of the Senate Attest: ____________________________ Secretary of the Senate House Bill No. 1097 File No. ____ Chapter No. ______

========================= Received at this Executive Office this _____ day of _____________ , 20____ at ____________ M. By _________________________ for the Governor ========================= The attached Act is hereby approved this ________ day of ______________ , A.D., 20___ ____________________________ Governor ========================= STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________ , 20___ at _________ o'clock __ M. ____________________________ Secretary of State By _________________________ Asst. Secretary of State