The amendment substantially narrows the bill by removing the amendment to the broader service of process rules in § 15-6-4(d) and instead focuses solely on revising § 7-8-29 to specify that appeals of county board decisions can be served on a county administrator, commissioner, executive, treasurer, or registered agent rather than following the general civil procedure rules. This shifts the bill from comprehensively revising statewide service of process procedures to addressing only the specific procedural requirement for county board appeals.
26.909.9 26.909.10 101st Legislative Session 1320 2026 South Dakota Legislature House Bill 1320 HOUSE LOCAL GOVERNMENT ENGROSSED Introduced by: Representative Randolph Underscores indicate new language. Overstrikes indicate deleted language. An Act to revise provisions a provision related to service of process for counties and boards of county 1 county commissioners. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 7-8-29 be AMENDED: 4 7-8-29. Such appeal shall be taken within twenty days after the publication of the 5 decision of the board by serving a written notice on one of the members of the board, as 6 set forth in subdivision 15-6-4(d)(2)(i) upon any county administrator, commissioner, executive, treasurer, or any registered 7 agent of the board when the appeal is taken by any person aggrieved 7 by the decision of 8 the board, and upon the person or persons affected by the decision of 8 the board when the 9 appeal is taken by the state's attorney; and the county auditor shall 9 upon. 10 Upon the filing of the required bond and the payment of his fees, which shall be 11 the same as allowed registers are equal to those imposed by a register of deeds for like 12 services, the county auditor shall make out a complete transcript of the proceedings of 13 the board relating to the matter of its the board's decision and deliver the same transcript 14 to the clerk of courts. 15 Section 2. That § 15-6-4(d) be AMENDED: 16 15-6-4(d). The summons shall be served by delivering a copy thereof. Service in 17 the following manner shall constitute personal service: 18 (1) If the action is against a business entity, on the president, partner or other head 19 of the entity, officer, director, or registered agent thereof. If any of the above 20 cannot be conveniently found, service may be made by leaving a copy of the 21 summons and complaint at any office of such business entity within this state, with 22 the person in charge of such office; 23 (i) A business entity for purposes of this subdivision shall include, but not be 24 limited to: 25 26.909.9 2 1320 Underscores indicate new language. Overstrikes indicate deleted language. A. Domestic and foreign corporations; 1 B. Domestic and foreign partnerships; 2 C. Limited liability companies; 3 D. Entities with fictitious names; and 4 E. Any entity required to have a registered agent with the Secretary of 5 State. 6 (2) If the action is against a public corporation within this state, service may be made 7 as follows: 8 (i) Upon a county, by serving upon any county administrator, auditor, 9 commissioner, executive, or any registered agent of the county or board of 10 county commissioners. Any service made pursuant to this section 11 constitutes service upon the county and the board of county commissioners; 12 (ii) Upon a first or second class municipality, by serving upon the mayor or any 13 alderman or commissioner; 14 (iii) Upon a third class municipality, by serving upon any trustee; 15 (iv) Upon an organized township, by serving upon any supervisor; 16 (v) Upon any school district, by serving upon any member of the school board 17 or board of education; and 18 (vi) Upon a consumers power district, by serving upon any member of the board 19 of directors; 20 (3) If the action is against a minor, upon a parent or person having custody, and if the 21 minor is over the age of fourteen years, then also upon such minor personally, and 22 in any event upon the legally appointed guardian, guardian ad litem or conservator, 23 if there is one; 24 (4) If the action is against a person judicially declared to be mentally incompetent, or 25 who is a patient at an institution for persons with mental illnesses or developmental 26 disabilities or for whom a guardian or conservator has been legally appointed, upon 27 such guardian or conservator, and upon the administrator or superintendent of 28 such institutions for persons with mental illnesses or developmental disabilities, or 29 person having custody, and also upon the person with mental illness or a 30 developmental disability; provided that if the person with mental illness or a 31 developmental disability is a patient of an institution for persons with mental 32 illnesses or developmental disabilities, and the administrator or superintendent 33 thereof shall certify in writing that service upon such person personally would be 34 26.909.9 3 1320 Underscores indicate new language. Overstrikes indicate deleted language. unavailing or injurious to his physical or mental well-being, and such certificate be 1 filed, service upon such individual may be dispensed with by order of court; 2 (5) If the action is against the state or any of its institutions, departments, or agencies, 3 by service upon such officer or employee as may be designated by the statute 4 authorizing such action, and upon the attorney general. In all matters involving 5 title to land owned or held in trust by the state or any of its institutions, 6 departments, or agencies, upon the commissioner of school and public lands and 7 the attorney general. In all matters other than those involving title to such lands, 8 if no officer or employee is designated, then upon the Governor and the attorney 9 general. Any of such officers or employees referred to in § 15-6-4 may admit 10 service of the summons with the same legal effect as if it had been personally 11 served upon them by an officer or elector; 12 (6) If the action is against a state officer, employee or agent arising out of his office, 13 employment or agency, a copy of the summons and complaint shall be mailed, 14 certified mail, postage prepaid to the attorney general together with an admission 15 of service and a return envelope, postage prepaid, addressed to the sender. The 16 executed admission of service shall be filed by the sender in accordance with § 15-17 6-5(d); 18 (7) Whenever the manner of service of process is specified in any statute or rule 19 relating to any action, remedy or special proceedings the manner of service so 20 specified shall be followed; 21 (8) In all other cases, to the defendant personally; and 22 (9) If the action is against a person or business entity in a foreign country, service may 23 be made as follows: 24 (i) By an internationally agreed means reasonably calculated to give notice, 25 such as those means authorized by the Hague Convention on the service 26 abroad of judicial and extrajudicial documents; or 27 (ii) If there is no internationally agreed means of service, service reasonably 28 calculated to give notice may be made: 29 (A) In the manner prescribed by the law of the foreign country for 30 service in that country in an action in any of its courts of general 31 jurisdiction; 32 (B) As directed by the foreign authority in response to a letter rogatory 33 or letter request; or 34 26.909.9 4 1320 Underscores indicate new language. Overstrikes indicate deleted language. (C) Unless prohibited by the law of the foreign country; by delivery to 1 the individual personally; upon a corporation, limited liability 2 company, limited partnership or partnership or association, by 3 delivery to an officer, or a managing, general or registered agent; 4 or by any form of mail requiring a signed receipt; or 5 (iii) As directed by the court. 6 Service under this subdivision may be made by any person authorized by § 15-6-7 4(c), anyone duly authorized to serve lawful summons by the law of the country where 8 service is to be made, pursuant to the applicable treaty or convention, or by anyone 9 designated by order of the court or the foreign court. Proof of service may be made as 10 prescribed in § 15-6-4(g), pursuant to the applicable treaty or convention, by order of the 11 court, or by law of the foreign country. Proof of service by mail shall include an affidavit 12 or certificate of addressing and mailing. 13