An Act to revise the legal notice process.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added:
17-2-29. Publication of legal notices--Website.
All legal and other official notices required by law to be published in a legal newspaper may be published on an official government legal notice website established and maintained by the secretary of state in lieu of publication in a newspaper. The secretary of state may charge up to a ten-dollar fee to publish a legal notice on the legal notice website. The secretary of state shall establish a legal notice website by July 1, 2022.
Section 2. That a NEW SECTION be added:
17-2-30. Accessibility of website.
The legal notice website shall be accessible to the public over the internet at least ninety percent of the time, twenty-four hours per day, every day of a year.
Section 3. That a NEW SECTION be added:
17-2-31. Copies of notice.
If a person is unable to access a legal notice on the legal notice website, the secretary of state shall provide a copy of the notice to the person free of charge.
Section 4. That a NEW SECTION be added:
17-2-32. Duration of notices.
A notice published on the legal notice website shall remain available on the legal notice website at least until the last posting date required by law has expired or until the event described in the notice has taken place, whichever is later.
Section 5. That a NEW SECTION be added:
17-2-33. Certification of notices--Contents.
The secretary of state shall create and keep on file an electronic or paper-based certification of the posting required for each legal notice published on the legal notice website. The certification shall state that the notice was posted from the initial date through either the last posting date required by law or the date when the event described in a notice takes place, whichever is later. The secretary of state shall provide a copy of the certification free of charge upon request.
Section 6. That a NEW SECTION be added:
17-2-34. Prima facie evidence of publication.
A certification of legal notice under 17-2-33 shall be prima facie evidence that notice was published.
Section 7. That a NEW SECTION be added:
17-2-35. Promulgation of rules.
The secretary of state may promulgate rules related to establishing and maintaining a legal notice website.
Section 8. That 17-2-1 be AMENDED:
17-2-1. Official notices--Publication--Affidavit.
All
Except
for notices published on the legal notice website under 17-2-29,
all legal and
other official notices shall be published in a legal newspaper as
defined in this chapter, and the affidavit of publication shall state
that such newspaper is a legal newspaper, which affidavit shall be
prima facie evidence of that fact; and every affidavit of publication
shall state in plain terms the fees charged thereon.