The bill amends South Dakota law to allow sheriffs to charge a fee for the service of process, regardless of whether the service is completed. Specifically, it modifies Section 7-12-18 to stipulate that for any summons, complaint, or other legal documents submitted for service, the fee shall not exceed fifty dollars, even if the service is not successfully executed. Additionally, it clarifies that only one fee may be charged for all processes served at the same time on the same individual, and a reduced fee applies for multiple processes served on different individuals at the same location.
Furthermore, the bill maintains the existing fee structure for various services performed by sheriffs, including fees for serving orders of arrest, subpoenas, and executing writs. It emphasizes that the fees collected must be utilized for law enforcement purposes. The bill also specifies that no fees may be charged in certain specified actions, ensuring that the provisions are clear and comprehensive in outlining the sheriff's authority to charge for services rendered.
Statutes affected: Introduced, 12/27/2024: 7-12-18
Senate Judiciary Engrossed, 01/16/2025: 7-12-18
Enrolled, 02/03/2025: 7-12-18