The bill amends South Dakota law regarding the surcharge for a responding party in forcible entry and detainer actions. Specifically, it modifies Section 16-2-58.2 to clarify that the clerk of courts shall collect a twenty-five dollar commission on equal access to courts surcharge for initial responsive pleadings in circuit court proceedings, except for certain specified cases. The surcharge will not be collected in civil actions involving forcible entry and detainer, when the responding party is a state, county, municipality, or school district, or if the responding party is receiving assistance benefits under title 28.

Additionally, the bill maintains provisions that allow for the waiver of the responsive surcharge in accordance with existing laws, specifically sections 16-2-29.2 and 16-2-29.3. This modification aims to ensure that individuals facing forcible entry and detainer actions are not burdened by additional financial fees, thereby promoting equal access to the judicial system.

Statutes affected:
Introduced, 12/26/2025: 16-2-58.2
Enrolled, 02/23/2026: 16-2-58.2