ENTITLED An Act to amend the amount a merchant or place of business may assess against returned checks.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 57A-3-421 be AMENDED:
57A-3-421. If a merchant or place of business conspicuously posts a notice on its premises or if a merchant or place of business regularly extends credit and prints a notice on its customer statements of such size and location as to be conspicuous, stating that a fee will be assessed against returned checks, any person who issues a check or other draft to the merchant or place of business that is not honored for any of the following reasons upon presentment is liable for all reasonable costs and expenses of collection:
(1) The drawer's account is closed;
(2) The drawer's account does not have sufficient funds; or
(3) The drawer does not have sufficient credit with the drawee.
The costs and expenses provided for in this section are reasonable if they do not exceed sixty dollars plus any applicable sales tax.
An Act to amend the amount a merchant or place of business may assess against returned checks.
I certify that the attached Act originated in the:
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk
File No. ____ Chapter No. ______
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Received at this Executive Office this _____ day of _____________,
2024 at ____________M.
By for the Governor
The attached Act is hereby approved this ________ day of ______________, A.D., 2024
ss. Office of the Secretary of State
Filed ____________, 2024 at _________ o'clock __M.
Secretary of State
By Asst. Secretary of State
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