The Governor shall, by appointment, fill any vacancy among the professional members of the
board for the unexpired term from abstracters qualified as provided in this section. Any appointment
to an unexpired term is not considered a full term.
36-13-1.1.
Lay member of board.
The membership of the board shall include one lay member
who is a user of the services regulated by the board. The term, lay member who is a user, refers to
a person who is not licensed by the board but, if practical, uses the service licensed. The term shall
be liberally construed to implement the purpose of this section. The Governor shall appoint the lay
member. The lay member shall have the same term of office as other members of the board. No lay
member of the board may serve more than three consecutive full terms.
Source: SL 1973, ch 2, § 58; SL 2005, ch 199, § 41; SL 2008, ch 195, § 4.
36-13-1.2 Definition of terms.
36-13-1.2.
Definition of terms.
Terms used in this chapter mean:
(1)
"Abstract," a compilation in orderly arrangement of the materials and facts of record
affecting the title to a specific parcel of land, issued under a certificate certifying to the
matters contained in such compilation;
(2)
"Abstracter," any person holding a certificate of registration from the board;
(3)
"Abstracting," the abstracting and reporting upon public or other records under the
provisions of this chapter;
(4)
"Board," the Abstracters' Board of Examiners of the State of South Dakota;
(5)
"Secretary-treasurer," the secretary-treasurer of the board.
Source: SL 2008, ch 195, § 1.
36-13-1.3 Chain of title defined.
36-13-1.3.
Chain of title defined.
The term, chain of title, means all documents of conveyance
given in a continuous succession of title:
(1)
With respect to unplatted lands, the smaller of:
(a)
Each quarter section of land; or
(b)
If a patent was issued for a portion of quarter section of land, then that portion for
which that patent was issued; and
(2)
With respect to platted lands, a lot as shown on the last subdivision plat recorded against
the property. However, if all documents transferring ownership and given in a continuous
succession of title ownership from the present owner back in time to the recording of the
subdivision plat combine more than one lot, then those multiple lots included in the
documents of conveyance shall be considered one chain.
As used in this section, the term, lot, means the smallest intact areas into which land has been
subdivided by a subdivision plat map, whether denoted a lot, parcel, tract, undivided block, or other
similar designation.
Source: SL 2008, ch 195, § 2.
36-13-2 Election of officers--Bond required of secretary-treasurer.
36-13-2.
Election of officers--Bond required of secretary-treasurer.
The board shall organize
by the election of a president and secretary-treasurer from its members. The secretary-treasurer shall
furnish a bond in the sum of not less than fifteen thousand dollars.
Source: SDC 1939, § 1.0102; SL 2008, ch 195, § 5.
36-13-2.1 Board continued within Department of Labor and Regulation--Records and reports.
36-13-2.1.
Board continued within Department of Labor and Regulation--Records and
reports.
The board shall continue within the Department of Labor and Regulation and shall retain
all its prescribed functions, including administrative functions. The board shall submit such records,
information, and reports in the form and at such times as required by the secretary of labor and
regulation. However, the board shall report at least annually.
Source: SL 1973, ch 2, § 56 (a); SL 1986, ch 302, § 35; SL 2003, ch 272 (Ex. Ord. 03-1), § 54; SL
2008, ch 195, § 6; SL 2011, ch 1 (Ex. Ord. 11-1), § 162, eff. Apr. 12, 2011.
36-13-3 Informational budget reviewed by Legislature--Deposit of funds with state treasurer--Abstr...
36-13-3.
Informational budget reviewed by Legislature--Deposit of funds with state treasurer--Abstracters' board of examiners account created.
Any money received by the board shall be set forth
in an informational budget as described in § 4-7-7.2 and be annually reviewed by the Legislature.
Any money received shall be deposited with the state treasurer. The state treasurer shall credit the
money to the Abstracters' Board of Examiners account, which account is hereby created. The money
in the account shall be used for the purpose of paying the expense of administering and enforcing
the provisions of this chapter. The secretary-treasurer shall approve vouchers and the state auditor
shall draw warrants to pay expenditures authorized by this chapter.
Source: SDC 1939, §§ 1.0101 to 1.0103; SDCL § 36-13-5; SL 1977, ch 298; SL 2008, ch 195, § 7.
36-13-4 Records and accounts of board--Inspection.
36-13-4.
Records and accounts of board--Inspection.
The board shall keep a permanent
record of its receipts and disbursements with the supporting vouchers. The records of the board shall
be open to public inspection and its accounts shall be subject to audit by the Department of
Legislative Audit or the state auditor.
Source: SDC 1939, § 1.0103; SL 2008, ch 195, § 8.
36-13-5
36-13-5.
Repealed by SL 1982, ch 16, § 31.
36-13-6 Enforcement of chapter by board--Seal.
36-13-6.
Enforcement of chapter by board--Seal.
The board shall carry out the purposes and
enforce the provisions of this chapter.
The board shall have a seal in such form as it may design, but the seal shall contain the words,
"State of South Dakota, Abstracters' Board of Examiners."
Source: SDC 1939, §§ 1.0101, 1.0102; revised pursuant to SL 1972, ch 15, § 4; SL 1986, ch 302,
§ 36; SL 2008, ch 195, § 9.
36-13-6.1 Promulgation of rules.
36-13-6.1.
Promulgation of rules.
The board may promulgate rules pursuant to chapter 1-26
for the following:
(1)
The fee for examinations pursuant to § 36-13-11;
(2)
The fee for plant examinations pursuant to § 36-13-10;
(3)
The areas of the law to be included and other requirements for conducting examinations
pursuant to § 36-13-12;
(4)
The fee for a certificate of registration pursuant to § 36-13-21;
(5)
The schedule of fees for doing business pursuant to § 36-13-25;
(6)
The requirements and schedule of fees for countersigning title insurance policies pursuant
to § 36-13-25; and
(7)
The requirements to establish and maintain an abstract plant, and the areas of inquiry and
requirements to pass the abstracter plant examination pursuant to § 36-13-10.
Source: SL 1986, ch 302, § 44; SL 2008, ch 195, § 10.
36-13-7 Subpoena power of board officers--Administration of oaths--Depositions.
36-13-7.
Subpoena power of board officers--Administration of oaths--Depositions.
The
president and secretary-treasurer of the board have the powers granted by §§ 1-26-19.1 and 1-26-19.2.
Source: SDC 1939, § 1.0102; revised pursuant to SL 1972, ch 15, § 4; SL 2008, ch 195, § 11.
36-13-8 Certificate of registration required for business of abstracting.
36-13-8.
Certificate of registration required for business of abstracting.
Any person engaging
in or continuing in the business of abstracting of titles to property within the state shall first obtain
a certificate of registration, file the required bond, and comply with the other requirements of this
chapter and the rules promulgated by the board pursuant to chapter 1-26.
Source: SDC 1939, § 1.0104; SL 1986, ch 302, § 37; SL 2008, ch 195, § 12.
36-13-9 Unauthorized business prohibited--Violation as misdemeanor.
36-13-9.
Unauthorized business prohibited--Violation as misdemeanor.
Any person making,
compiling, or certifying to abstracts of title to property in this state without having a certificate of
registration from the board commits a Class 1 misdemeanor.
Source: SDC 1939, § 1.9901; SL 1977, ch 190, § 175; SL 2008, ch 195, § 13.
36-13-9.1 Injunctions--Election of remedies.
36-13-9.1.
Injunctions--Election of remedies.
The board is empowered to commence actions
for injunction for violation of this chapter or rules promulgated pursuant to this chapter as an
alternate to criminal proceedings. The commencement of one proceeding by the board constitutes
an election.
Source: New section created to carry out directions to the Code Commission contained in SL 1972,
ch 15, § 4. Amended by SL 1986, ch 302, § 38; SL 2008, ch 195, § 14.
36-13-10 Title plant required to engage in business.
36-13-10.
Title plant required to engage in business.
Any person engaging in or continuing
the business of abstracting of titles to property within the state shall have a title plant, which shall
include a set of abstract books or set of indexes or other records showing in a sufficiently
comprehensive form, all instruments affecting the title to real estate which are of record or on file
in the office of the register of deeds of each county in which the person seeks to engage in the
business of compiling abstracts of land titles. The board shall examine each title plant for compliance
with this section. The board shall establish, by rules promulgated pursuant to chapter 1-26, a fee for
plant examinations not to exceed six hundred dollars. The application for a plant examination shall
contain such information as the board may require and be upon a form prepared by the board. The
board shall notify the applicant of a date and place for the examination of the applicant's plant. If the
applicant is not a natural person, one of the members, managers, partners, shareholders, directors,
or officers of the applicant must qualify by examination. The board shall issue a certificate of
registration or compliance if the requirements of this section have been met.
Source: SDC 1939, § 1.0104; SL 1986, ch 302, § 39; SL 2008, ch 195, § 15.
36-13-11 Application for certificate of registration--Examination--Fees.
36-13-11.
Application for certificate of registration--Examination--Fees.
A person may obtain
a certificate of registration under this chapter upon the successful completion of an examination. The
person shall apply to the board and pay to its secretary-treasurer an examination fee in an amount
set by the board by rules promulgated pursuant to chapter 1-26. The examination fee may not exceed
seventy-five dollars for each section and the re-examination fee may not exceed fifty dollars for each
section. The application shall contain such information as the board may require and be upon a form
prepared by the board. The board shall fix a date and place for the examination of the applicant and
send a notice to the applicant by mail.
Source: SDC 1939, § 1.0105; SL 1980, ch 257, § 1; SL 1986, ch 302, § 40; SL 2008, ch 195, § 16.
36-13-11.1 Criminal background investigation of applicants.
36-13-11.1.
Criminal background investigation of applicants.
Each applicant for a certificate
of registration shall submit to a state and federal criminal background investigation by means of
fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation.
Upon application, the board shall submit completed fingerprint cards to the Division of Criminal
Investigation. Upon completion of the criminal background check, the Division of Criminal
Investigation shall forward to the board all information obtained as a result of the criminal
background check. This information shall be obtained prior to the issuance of any permanent
certificate of registration. The board may require a state and federal criminal background
investigation for any abstracter who is the subject of a disciplinary investigation by the board. Failure
to submit or cooperate with the criminal background investigation is grounds for denial of an
application or may result in revocation of a certificate of registration. The applicant shall pay any
fees charged for the cost of fingerprinting or the criminal background investigation.
Source: SL 2008, ch 195, § 37.
36-13-12 Scope of examination for certificate of registration.
36-13-12.
Scope of examination for certificate of registration.
At the time and place fixed
pursuant to § 36-13-11, the board shall proceed to examine the applicant under such rules as the
board may promulgate with reference to the laws of this state affecting titles of property, the
recording laws, and the common practices, proceedings, and mechanics of compiling abstracts of
title, the take-off and abstracting of records, elements of instruments of title essential to an abstract,
showing their legal effect, and such similar requirements of education and experience as may be
reasonably necessary to carry on the work of abstracting in an accurate, efficient, and reliable
manner.
Source: SDC 1939, § 1.0105; SL 1986, ch 302, § 41; SL 2008, ch 195, § 17.
36-13-13 Separate applications and examinations for different counties.
36-13-13.
Separate applications and examinations for different counties.
The board may
require separate applications and examinations and fees for any abstracter who applies for
registration in more than one county. A certificate of registration shall qualify the holder for
abstracting only in the county to which it relates.
Source: SDC 1939, § 1.0105; SL 1985, ch 15, § 47; SL 2008, ch 195, § 18.
36-13-14
36-13-14.
Repealed by SL 2008, ch 195, § 19.
36-13-15 Bond required for certificate of registration--Amount and conditions.
36-13-15.
Bond required for certificate of registration--Amount and conditions.
Before the
board may issue a certificate of registration, the applicant shall file with the board a bond to be
approved by it running to the State of South Dakota in the penal sum of twenty-five thousand dollars
for counties with a population of fifteen thousand or less and fifty thousand dollars for counties
having a population of over fifteen thousand as shown by the federal census last taken prior to the
filing of such bond. The bond shall be conditioned for the payment by such abstracter of any
damages that may be sustained by or accrue to any person by reason of or on account of any error,
deficiency, or mistake in any abstract or certificate of title or continuation thereof made and issued
by such abstracter.
Source: SDC 1939, § 1.0107; SL 2008, ch 195, § 20.
36-13-16 Financial standing of personal sureties on bond--Investigation and property statements.
36-13-16.
Financial standing of personal sureties on bond--Investigation and property
statements.
If a personal surety bond is given under § 36-13-15, there shall be at least three sureties,
each of whom shall justify for the full amount of the bond as a resident and freeholder of this state
having unencumbered property in excess of all debts, liabilities, and exemptions allowed by law. The
board shall investigate the financial condition of all sureties at least once each year by requiring
verified property statements and by such other methods as it may deem advisable. The board may
require additional property statements from sureties at any time it may elect.
Source: SDC 1939, § 1.0107; SL 2008, ch 195, § 21.
36-13-17 Filing and registration of bond.
36-13-17.
Filing and registration of bond.
The original bond required by § 36-13-15 shall be
filed and registered by and remain in the office of the secretary-treasurer of the board as a public file
and record. The secretary-treasurer shall file a certified copy of each bond filed and registered
pursuant to this section in the office of the county auditor of the county to which it relates within
thirty days after the approval of the bond.
Source: SDC 1939, § 1.0107; SL 2008, ch 195, § 22.
36-13-18 Additional bond required for certificate--Insufficient bond.
36-13-18.
Additional bond required for certificate--Insufficient bond.
The board may at any
time require any abstracter holding a certificate under the provisions of this chapter, upon thirty days'
notice, to furnish such additional bonds as the board deems proper to meet the requirements of this
chapter, and, in proceedings under chapter 1-26, to show cause why any bond should not be held and
declared insufficient and invalid or such certificates should not be recalled and annulled.
Source: SDC 1939, § 1.0107; revised pursuant to SL 1972, ch 15, § 4; SL 2008, ch 195, § 23.
36-13-19 Parties to action on abstracter's bond.
36-13-19.
Parties to action on abstracter's bond.
Any person damaged by or on account of any
error, deficiency, or mistake in any abstract or certificate of title or continuation thereof, whether or
not the original purchaser, owner, or holder of the abstract, may maintain an action upon the bond
required by § 36-13-15 in the person's own name and also without the necessity of joining the State
of South Dakota as a party.
Source: SDC 1939, § 1.0107; SL 2008, ch 195, § 24.
36-13-20 Recitals in certificate of registration--Authority to engage in business--Access to public...
36-13-20.
Recitals in certificate of registration--Authority to engage in business--Access to
public offices and records.
A certificate issued by the board under the provisions of this chapter shall
recite that the bond required by § 36-13-15 has been duly filed and approved. Such certificate
authorizes the person named in it to engage in and carry on the business of an abstracter of real estate
titles in the county in the State of South Dakota in which the person has his or her or its place of
business. An abstracter with such a certificate shall, during ordinary business hours, have access to
any of the offices of any of the counties of the State of South Dakota and may make such memoranda
or notation from the records thereof as may be necessary for the purpose of making such abstracts
of title to property in the county in which the abstracter is qualified, and for the purpose of
compiling, posting, copying, and keeping up the abstracter's abstract books, indexes, or records.
Source: SDC 1939, § 1.0109; SL 2008, ch 195, § 25.
36-13-21 Fee for certificate of registration--Duration and renewal--Contents of application for ren...
36-13-21.
Fee for certificate of registration--Duration and renewal--Contents of application
for renewal.
A certificate of registration shall be issued upon the payment of a fee set by the board
by rules promulgated pursuant to chapter 1-26. The fee for a certificate of registration may not
exceed the following: for counties with a population of ten thousand or less, five hundred dollars;
for counties with a population over ten thousand to fifteen thousand, inclusive, seven hundred
dollars; for counties with a population over fifteen thousand, one thousand dollars. The certificate
is valid for a period of one year. The certificate may be renewed by the board upon application within
thirty days prior to the expiration of the certificate and upon payment of the amount to the secretary-treasurer of the board. The renewal application shall be accompanied by an affidavit and any other
evidence deemed necessary by the board showing that the applicant has been continuously and
actively engaged in the business of making and compiling abstracts of title during the life of the
preceding certificate.
Source: SDC 1939, § 1.0106; SL 1970, ch 213; SL 1976, ch 233; SL 1980, ch 257, § 2; SL 1986,
ch 302, § 42; SL 2008, ch 195, § 26.
36-13-21.1 Inspection costs collected from applicant.
36-13-21.1.
Inspection costs collected from applicant.
The board shall charge to and collect
from the applicant for a certificate of registration for a new plant or the transfer of a certificate of
registration, the actual expenses of inspecting and approving the new plant or transfer of registration
including per diem, travel, and room and board.
Source: SL 1977, ch 297; SL 2008, ch 195, § 27.
36-13-22 Temporary certificate to engage in business.
36-13-22.
Temporary certificate to engage in business.
The board may issue a temporary
certificate to any person desiring to engage in the business of abstracting in any county where there
is no registered abstracter, or where the only existing abstract plant has been destroyed so that its
records and indexes are not available, or where the certificate of the only qualified abstracter has
been canceled for cause by order of the board, without the possession of an abstract plant, if the
person successfully completes the examination required by § 36-13-11 and furnishes the bond
required in § 36-13-15. No certificate issued pursuant to this section may be continued in effect for
more than four years.
Source: SDC 1939, § 1.0112; SL 2008, ch 195, § 28.
36-13-23 Register of applicants and certificates.
36-13-23.
Register of applicants and certificates.
The board shall enter the names of all
applicants for registration with their place of residence and such other information as may be deemed
appropriate in a register. The register shall include any action taken by the board regarding the
applicant and the date upon which the certificate of registration was issued, if any.
Source: SDC 1939, § 1.0103; SL 2008, ch 195, § 29.
36-13-24 Seal of abstracter--Impression deposited with board--Affixing to abstracts.
36-13-24.
Seal of abstracter--Impression deposited with board--Affixing to abstracts.
Any
abstracter furnishing abstracts of title to real property under the provisions of this chapter shall first
obtain a seal and shall deposit an impression of the seal with the secretary-treasurer of the board
before the certificate of registration may be issued. The seal shall have stamped on it the name and
location of the abstracter that is furnishing the abstracts. The seal shall be affixed to every abstract
or certificate of title issued by such abstracter.
Source: SDC 1939, § 1.0108; SL 2008, ch 195, § 30.
36-13-25 Schedule of fees for doing business established by board--Exceeding schedule as misdemeano...
36-13-25.
Schedule of fees for doing business established by board--Exceeding schedule as
misdemeanor.
The board shall, by rule promulgated pursuant to chapter 1-26, establish a schedule
of fees for doing business under the provisions of this chapter and shall furnish to each licensed
abstracter a copy of such schedule and any amendments. The board shall also establish, by rule
promulgated pursuant to chapter 1-26, a schedule of fees and the requirements for an abstracter's
services for countersigning title insurance policies pursuant to § 58-25-16. It is a Class 2
misdemeanor to exceed the schedule established by the Abstracters' Board of Examiners.
Source: SDC 1939, § 1.0201; SL 1951, ch 1; SL 1953, ch 2; SL 1971, ch 215; SL 1977, ch 190,
§ 176; SL 1980, ch 256, § 1; SL 1986, ch 302, § 43; SL 2008, ch 195, § 31.
36-13-26 Certified abstract as prima facie evidence in judicial proceedings.
36-13-26.
Certified abstract as prima facie evidence in judicial proceedings.
Any abstract of
title certified to be true and correct by any abstracter holding a valid certificate of registration
pursuant to this chapter, under the signature and seal of such abstracter, shall be received by the
courts of this state as prima facie evidence of the existence of records of the content and filing
indicated on the abstract, subject to such rules as to procedure as the Supreme Court may promulgate
in such cases.
Source: SDC 1939, § 1.0110; SL 2008, ch 195, § 32.
36-13-26.1 Abstracter's countersignature on title policy.
36-13-26.1.
Abstracter's countersignature on title policy.
An abstracter's countersignature on
a title insurance policy is verification that the abstracter has furnished the insurer a report based on
the examination of record title and any other title information and services required by the insurer
and § 36-13-25.
Source: SL 1980, ch 256, § 2.
36-13-27 Destroyed public records replaced from abstracter's records--Expense.
36-13-27.
Destroyed public records replaced from abstracter's records--Expense.
If the
records of any county are destroyed or so spoiled as to be unintelligible, any of the certified
abstracters in that county shall furnish to the county a copy of any of its abstracts, indexes, or other
records of any instruments that the county may require by resolution of its board of county
commissioners. The board of county commissioners shall pay the actual cost of copying the
abstracts, indexes, or other records.
Source: SDC 1939, § 1.0113; SL 2008, ch 195, § 33.
36-13-28 Suspension or revocation of certificate of registration.
36-13-28.
Suspension or revocation of certificate of registration.
A certificate of registration
may be suspended or revoked by the board for violation of any provision of this chapter or upon
conviction of the holder of such certificate of a crime involving moral turpitude or dishonesty, or for
violation of any lawful order of the board, or when the holder of such certificate is guilty of habitual
intemperance, habitual carelessness, or inattention to business, or of unethical or fraudulent
practices. If the certificate is not held by a natural person, the provisions of this section and § 36-13-29 apply to the members, managers, directors, shareholders, or officers as well as to the certificate
holder.
Source: SDC 1939, § 1.0114; SL 2008, ch 195, § 34.
36-13-29 Procedure for suspension or revocation.
36-13-29.
Procedure for suspension or revocation.
No certificate may be suspended or
revoked pursuant to § 36-13-28 except upon proceedings in compliance with chapter 1-26.
Source: SDC 1939, § 1.0114; revised pursuant to SL 1972, ch 15, § 4; SL 2008, ch 195, § 35.
36-13-30
36-13-30.
Omitted.
36-13-31 Appeal.
36-13-31.
Appeal.
An appeal may be taken by any person affected by any order or decision
of the board as provided by chapter 1-26.
Source: SDC 1939, § 1.0116; revised pursuant to SL 1972, ch 15, § 4; SL 2008, ch 195, § 36.
36-13-32
36-13-32, 36-13-33.
Omitted.
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