The amendment reorganized and clarified the fee structure by separating the fee for reproducing certified records (now `$15` in subsection 7 instead of `$2` in subsection 6(a)), restructuring related provisions, and made minor technical corrections like changing "case shall" to "case, must" and "which" to "that"—these are primarily formatting and clarification changes that strengthen the bill's clarity without fundamentally altering its fee-modification purpose.
26.287.9 26.287.10 101st Legislative Session 1011 2026 South Dakota Legislature House Bill 1011 Introduced by: The Chair of the Committee on Judiciary at the request of the Chief Justice Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to modify fees charged by the clerk of courts for certain copies of court 1 records. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 16-2-29 be AMENDED: 4 16-2-29. The clerk of courts shall charge and collect the following fees: 5 (1) For the probate of an estate, seventy-five dollars; 6 (2) For all service connected with the preparation and transmission of a settled record 7 to the Supreme Court, including the remittitur from the Supreme Court, fifty 8 dollars; 9 (3) For any of the following, twenty-five dollars: 10 (a) Civil cases filed for jury or court trial; 11 (b) Guardianship or conservatorship actions, adoption cases, termination or 12 terminations of life estates; 13 (c) Cases to determine amount of inheritance tax in estates in which real and 14 personal property is transferred in contemplation of death; 15 (d) Default actions to quiet title to real property; 16 (e) Default cases involving garnishment proceedings; 17 (f) Dissolutions of corporations; 18 (g) Foreclosure actions; 19 (h) Special administration proceedings; 20 (i) Summary administration proceedings; 21 (j) Appeals to the circuit court from an action of a political subdivision of the 22 state or from an action of the state or its officers, boards, agencies, and 23 commissions; or 24 (k) All matters not otherwise provided for in this section; 25 (4) For any of the following, fifty dollars: 26 26.287.9 26.287.10 2 1011 Underscores indicate new language. Overstrikes indicate deleted language. HB1011 ENROLLED (a) Petitions and motions to modify final child support orders, except if the 1 petitioner or moving party is a recipient of assistance benefits pursuant to 2 Title title 28; 3 (b) Petitions and motions to modify final child custody orders; 4 (c) Petitions and motions to modify final visitation orders; or 5 (d) Petitions and motions to modify final spousal support orders; 6 (5) For any of the following, five dollars: 7 (a) Issuing a transcript of a judgment; 8 (b) Filing and docketing a transcript of a judgment; 9 (c) Issuing and docketing an execution, commission, or writ; 10 (d) Filing a special execution; or 11 (e) Renewing a judgment according to § 15-16-33; 12 (6) For any of the following, two dollars: 13 (a) Reproducing an authenticated, exemplified, or double certificate of a record 14 on file in the clerk's office; 15 (b) Certifying a document not excepted by subdivision (7); 16 (c) Issuing a subpoena in a civil case; or 17 (d)(b) (b) Safekeeping or filing of a will; and 18 (7) For reproducing an authenticated, exemplified, or double certificate of a record on 19 file in the clerk's office, fifteen dollars; and 20 (8) All true and correct copies of any original record or paper furnished by the attorney 21 of record or the personal representative qualified to act in any of the following 22 cases, which are necessary for the completion of the case shall, case, must be certified 23 at no extra charge for the certification: 24 (a) Guardianship or conservatorship actions, adoption cases, termination of life 25 estates, trusts, probate actions; 26 (b) Cases to determine amount of inheritance tax in estates in which real and 27 personal property is transferred in contemplation of death; and 28 (c) Divorce actions. 29 No fee for filing, docketing, issuing, recording, certifying, or searching, or other fee 30 or commission, may be required of the state, any foreign state, or the federal government, 31 or its officers, boards, agencies, and commissions, or its political subdivisions, in any 32 action or proceeding commenced by the state or a political subdivision. In addition, no No 33 fee for record searches may be required of any agency of the federal government which 34 that is charged with law enforcement or investigatory duties under federal law. 35 26.287.9 3 1011 Underscores indicate new language. Overstrikes indicate deleted language. No filing fee may be required in any action under § 22-19A-8, 22-19A-12, 25-10-1 3, 25-10-3, or 25-10-6. 2 26.287.10 3 1011 HB1011 ENROLLED An Act to modify fees charged by the clerk of courts for certain copies of court records. I certify that the attached Act originated in the: House as Bill No. 1011 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1011 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State