This bill amends South Dakota's law regarding the surcharge for a responding party in forcible entry and detainer actions. Specifically, it establishes that for the answer or initial responsive pleading in a circuit court proceeding not subject to a previous statute, the clerk of courts will collect a $25 surcharge as a commission on equal access to the courts. The bill clarifies that this surcharge will be collected in the same manner as other fees and introduces specific conditions under which the surcharge cannot be collected.

The bill outlines three scenarios where the surcharge may not be applied: (1) in cases of forcible entry and detainer, (2) when the responding party is a state, county, municipality, or school district, and (3) if the responding party is receiving assistance benefits under title 28. Additionally, it states that the responsive surcharge may be waived according to existing provisions in the law.

Statutes affected:
Introduced, 12/26/2025: 16-2-58.2