Changes to Existing Law

26.290.9 26.290.10 101st Legislative Session 1014 2026 South Dakota Legislature House Bill 1014 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 the surcharge for a responding party in a forcible entry and 1 detainer action. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 16-2-58.2 be AMENDED: 4 16-2-58.2. For the answer or initial responsive pleading in a circuit court 5 proceedings proceeding not subject to § 16-2-58.1, the clerk of courts shall collect the 6 sum of twenty-five dollars as a commission on equal access to our courts surcharge. The 7 clerk shall collect the surcharge shall be collected by the clerk in the manner in which 8 other fees are collected. No responsive The surcharge may not be collected in any civil 9 action or proceeding wherein: 10 proceeding: (1) For forcible entry and detainer; 11 (2) Wherein the responding party is the state, county, a municipality, or a school 12 district,; district; or if 13 (3) If the responding party is receiving assistance benefits under title 28. 14 The responsive surcharge may be waived pursuant to the provisions of §§ 16-2-15 29.2 16-2-29.2 and 16-2-29.3. 16 26.290.10 2 1014 HB1014 ENROLLED An Act to modify the surcharge for a responding party in a forcible entry and detainer action. I certify that the attached Act originated in the: House as Bill No. 1014 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. 1014 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