reglab/housing_qa huggingface dataset:
SD Codified L § 7-9-20 (2021)
2021 South Dakota Codified Laws|Title 7 - Counties|Chapter 09 - Register Of Deeds|Section 7-9-20 - Court action for refusal to record.

7-9-20. Court action for refusal to record.Any person whose document or lien is refused for recording by the register of deeds pursuant to §7-9-19 may commence an action in the circuit court for that county for an order directing the register to file the document. If the court determines that the register is required or authorized by law to record the document or that the lien is not counterfeit, it shall order the register to record the document. Source: SL 1997, ch 45, §2.
SD Codified L § 7-9-21 (2021)
2021 South Dakota Codified Laws|Title 7 - Counties|Chapter 09 - Register Of Deeds|Section 7-9-21 - Liability of register for refusal to record.

7-9-21. Liability of register for refusal to record.If a court determines that the register acted reasonably or in good faith in refusing to record a document that the register believed should not be recorded or a document that the register believed to be a counterfeit lien, the register is not liable for any civil damages resulting from the refusal. Source: SL 1997, ch 45, §3.
SD Codified L § 7-9-22 (2021)
2021 South Dakota Codified Laws|Title 7 - Counties|Chapter 09 - Register Of Deeds|Section 7-9-22 - Suspicion of counterfeit recorded documents--Notice.

7-9-22. Suspicion of counterfeit recorded documents--Notice.If a register of deeds has reason to believe that a document or instrument previously recorded is counterfeit pursuant to §22-11-29, the register of deeds shall provide written notice of the recording of the document or instrument to the stated or last known address of the person who owns any interest in the real property as the obligor or debtor and to any person who owns any interest in the real property described in the document or instrument. Source: SL 1998, ch 41, §1.
SD Codified L § 7-9-24 (2021)
2021 South Dakota Codified Laws|Title 7 - Counties|Chapter 09 - Register Of Deeds|Section 7-9-24 - Electronic preservation of documents.

7-9-24. Electronic preservation of documents.Any permanent document filed or recorded in the office of the register of deeds may be electronically preserved provided the original record is retained in hard copy or on microfilm. Source: SL 2010, ch 35, §1.
SD Codified L § 7-9-25 (2021)
2021 South Dakota Codified Laws|Title 7 - Counties|Chapter 09 - Register Of Deeds|Section 7-9-25 - County register of deeds modernization and preservation relief fund.

7-9-25. County register of deeds modernization and preservation relief fund.There is hereby established a county register of deeds modernization and preservation relief fund to be administered by the county register of deeds. The fund shall be used for modernization of information systems and preservation of property and records. The register of deeds may purchase or enter into agreements for software, training, equipment, maintenance, supplies, and contract services. The fund may not be used for salaries. Any money deposited in the county register of deeds modernization and preservation relief fund may not be reverted or transferred to the county general fund or any other county fund. Source: SL 2012, ch 51, §8.
SD Codified L § 7-9-26 (2021)
2021 South Dakota Codified Laws|Title 7 - Counties|Chapter 09 - Register Of Deeds|Section 7-9-26 - Fees deposited into fund--Distribution.

7-9-26. Fees deposited into fund--Distribution.Five dollars of each recording or filing fee collected by the register of deeds, pursuant to subdivisions 7-9-15(1), (3), (4), and (5) and §§11-3-11, 43-15A-9, and 43-20-10, shall be deposited into the county register of deeds modernization and preservation relief fund. Sixty percent of the money deposited in the fund pursuant to this section shall remain in the fund for use by the register of deeds pursuant to §7-9-25. Forty percent of the money deposited in the fund pursuant to this section shall be remitted before the last working day of each month for the previous month's collections to the South Dakota association of county officials register of deeds modernization and preservation relief fund created pursuant to §7-9-28. Source: SL 2012, ch 51, §9.
SD Codified L § 7-9-27 (2021)
2021 South Dakota Codified Laws|Title 7 - Counties|Chapter 09 - Register Of Deeds|Section 7-9-27 - Duty of the county governing body to fund register of deeds--Gifts, grants, contributions, and funds from other sources.

7-9-27. Duty of the county governing body to fund register of deeds--Gifts, grants, contributions, and funds from other sources.The county register of deeds modernization and preservation relief fund may not be construed to diminish the duty of the county governing body to provide for funding for salaries, personnel, supplies, equipment and other expenses for the register of deeds, even if the funding is relative to technology and preservation in the performance of the duties of the register of deeds and any other laws relating thereto. The register of deeds may accept and fully retain any gifts, grants, contributions, or funds obtained from any other source for the purpose of carrying out the provisions of §§7-9-25 and 7-9-26. The gifts, grants, contributions, or funds shall remain entirely with the respective county register of deeds modernization and preservation relief fund. Source: SL 2012, ch 51, §10.
SD Codified L § 7-9-28 (2021)
2021 South Dakota Codified Laws|Title 7 - Counties|Chapter 09 - Register Of Deeds|Section 7-9-28 - South Dakota association of county officials register of deeds modernization and preservation relief fund.

7-9-28. South Dakota association of county officials register of deeds modernization and preservation relief fund.There is hereby established a South Dakota association of county officials register of deeds modernization and preservation relief fund to be administered by the South Dakota Association of County Officials. Distributions, including the cost to administer the fund, shall be approved by the executive board of the association of county officials. Source: SL 2012, ch 51, §11.
SD Codified L § 7-9-29 (2021)
2021 South Dakota Codified Laws|Title 7 - Counties|Chapter 09 - Register Of Deeds|Section 7-9-29 - Fiscal year of fund--Computation of each county's share of deposits--Division of money in fund--Administrative fee.

7-9-29. Fiscal year of fund--Computation of each county's share of deposits--Division of money in fund--Administrative fee.The fiscal year for the South Dakota association of county officials register of deeds modernization and preservation relief fund begins on July first and ends on June thirtieth. Before July thirty-first of each year, the association of county officials shall compute each county's share of the deposits from the previous fiscal year. The association shall certify each county's share of the total fund and remit the share to the county auditor on or before August thirty-first of each year. The money in the fund shall be divided equally among each of the sixty-six counties, less the administrative fee to be determined by the board of directors for the South Dakota Association of County Officials and the expenses and costs related to §7-9A-5. The administrative fee may not exceed one percent of the total annual remittance to the fund. The county auditor shall deposit the money received pursuant to this section in the county register of deeds modernization and preservation relief fund. Source: SL 2012, ch 51, §12; SL 2014, ch 47, §15.
SD Codified L § 7-9A-1 (2021)
2021 South Dakota Codified Laws|Title 7 - Counties|Chapter 09A - Uniform Real Property Electronic Recording Act|Section 7-9A-1 - Definitions.

7-9A-1. Definitions.Terms used in this chapter mean:(1)"Document," any information that is:(a)Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and(b)Eligible to be recorded in the public records maintained by the register of deeds;(2)"Electronic," relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;(3)"Electronic document," a document that is received by the register of deeds in an electronic form;(4)"Electronic recording commission" and "commission," the commission established in §7-9A-4;(5)"Electronic signature," an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent of affixing a signature on the document;(6)"Paper document," a document that is received by the register of deeds in a form that is not electronic;(7)"Person," an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;(8)"Register of deeds," the county register of deeds for the county in which a document is received;(9)"State," a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. Source: SL 2014, ch 47, §1.
SD Codified L § 7-9A-2 (2021)
2021 South Dakota Codified Laws|Title 7 - Counties|Chapter 09A - Uniform Real Property Electronic Recording Act|Section 7-9A-2 - Validity of electronic documents.

7-9A-2. Validity of electronic documents.If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this chapter. If a law requires or refers to something related to tangible media, the requirement or reference is satisfied by an electronic document satisfying this chapter.If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal does not have to accompany an electronic signature.In a proceeding, evidence of a document or signature may not be excluded solely because it is in electronic form.This section does not require that a register of deeds adopt the process of recording electronic documents. Source: SL 2014, ch 47, §2.
SD Codified L § 7-9A-3 (2021)
2021 South Dakota Codified Laws|Title 7 - Counties|Chapter 09A - Uniform Real Property Electronic Recording Act|Section 7-9A-3 - Recording of documents.

7-9A-3. Recording of documents.A register of deeds who implements any of the functions listed in this section shall do so in compliance with standards established by the electronic recording commission. A register of deeds may:(1)Receive, index, store, archive, and transmit electronic documents;(2)Provide for access to, and for search and retrieval of, documents and information by electronic means;(3)Convert paper documents accepted for recording into electronic form;(4)Convert into electronic form information and documents recorded before the register of deeds began to record electronic documents;(5)Accept electronically any fee or tax that the register of deeds is authorized to collect; and(6)Agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes.A register of deeds who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall record both electronic documents and paper documents in the same manner as provided for by law.This chapter does not invalidate electronic documents recorded under this chapter, chapter 53-12, the federal electronic signatures in global and national commerce act, 15 USC 7001 to 7031, as of January 1, 2014, or any other statute that may apply before the establishment of standards under this chapter by the electronic recording commission.Each document that a register of deeds accepts for recordation under this section shall be considered recorded despite its failure to conform to one or more requirements of this section or §43-28-23, unless the document is not sufficiently legible or cannot be reproduced as a readable copy using the register of deeds' current method of reproduction. Source: SL 2014, ch 47, §3.
SD Codified L § 7-9A-4 (2021)
2021 South Dakota Codified Laws|Title 7 - Counties|Chapter 09A - Uniform Real Property Electronic Recording Act|Section 7-9A-4 - Electronic recording commission created--Standards for recording electronic documents.

7-9A-4. Electronic recording commission created--Standards for recording electronic documents.The electronic recording commission is hereby created and shall consist of nine voting members. The commission shall adopt standards to implement procedures for recording electronic documents with the register of deeds. The commission shall consist of nine members appointed as follows:(1)Five registers of deeds appointed by the president of the South Dakota Association of County Officials, which includes one register of deeds to be appointed from a county that has a population of seventy-five thousand or more; one register of deeds from a county that has a population of twenty thousand or more but less than seventy-five thousand; and one register of deeds from a county that has a population of less than twenty thousand; and two registers of deeds from other counties with no regard to population size;(2)One attorney licensed in the State of South Dakota whose practice emphasizes real property matters appointed by the president of the State Bar Association;(3)Two licensed title abstractors certified in the State of South Dakota appointed by the president of the South Dakota Land Title Association; and(4)One person in the banking industry appointed by the South Dakota Bankers Association.The commission shall annually appoint one nonvoting member who is an information technology professional.The appointed members of the commission shall serve for terms of two years, except that, of the registers of deeds first appointed, two shall serve for one year, two shall serve for two years, and one shall serve for three years; of the certified title abstractors, appointed initially, one will serve for three years and one will serve for two years. If a vacancy occurs on the commission, the respective associations shall make an appointment for the unexpired term in the same manner as the original appointment. Source: SL 2014, ch 47, §4.
SD Codified L § 7-9A-5 (2021)
2021 South Dakota Codified Laws|Title 7 - Counties|Chapter 09A - Uniform Real Property Electronic Recording Act|Section 7-9A-5 - Meetings of commission--Expenses and costs.

7-9A-5. Meetings of commission--Expenses and costs.The first meeting of the commission shall be called by the president of the South Dakota Association of County Officials. At the first meeting, the commission shall elect from among its members a chair and other officers as it considers necessary or appropriate and each meeting is subject to the open meeting requirements pursuant to chapter 1-25. The commission shall at least meet annually or as often as deemed necessary. Unless otherwise directed by the commission, the South Dakota Association of County Officials shall provide support services as needed for the commission to carry out its duties, including meeting space and teleconferencing. The expenses and costs related to retaining professional services, promulgating rules pursuant to chapter 1-26, and organizing the commission shall be funded by the South Dakota association of county officials register of deeds modernization and preservation relief fund established pursuant to §7-9-28. The electronic recording commission shall approve the expenses and costs. No commission members may be reimbursed from the South Dakota association of county officials register of deeds modernization and preservation relief fund for any travel expenses, subsistence, or per diem while serving on the commission. Source: SL 2014, ch 47, §5.
SD Codified L § 7-9A-6 (2021)
2021 South Dakota Codified Laws|Title 7 - Counties|Chapter 09A - Uniform Real Property Electronic Recording Act|Section 7-9A-6 - Quorum.

7-9A-6. Quorum.A majority of the members of the commission constitute a quorum for the transaction of business at a meeting of the commission. A majority of the members present and serving are required for official action of the commission. Source: SL 2014, ch 47, §6.
SD Codified L § 7-9A-7 (2021)
2021 South Dakota Codified Laws|Title 7 - Counties|Chapter 09A - Uniform Real Property Electronic Recording Act|Section 7-9A-7 - Removal of member.

7-9A-7. Removal of member.The electronic recording commission may remove an appointed member of the commission for incompetency, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause. Source: SL 2014, ch 47, §7.
SD Codified L § 7-9A-8 (2021)
2021 South Dakota Codified Laws|Title 7 - Counties|Chapter 09A - Uniform Real Property Electronic Recording Act|Section 7-9A-8 - Promulgation of rules.

7-9A-8. Promulgation of rules.The commission shall adopt rules, pursuant to chapter 1-26, to keep the standards and practices of registers of deeds in this state in harmony with the standards and practices of recording offices in other jurisdictions that substantially comply with this chapter and to keep the technology used by registers of deeds in this state compatible with technology used by recording offices in other jurisdictions that substantially comply with this chapter. The electronic recording commission, so far as is consistent with the purposes, policies, and provisions of this chapter, in adopting, amending, and repealing standards shall consider:(1)Standards and practices of other jurisdictions;(2)The most recent standards promulgated by national standard-setting bodies;(3)The views of interested persons and governmental officials and entities;(4)The needs of counties of varying size, population, and resources; and(5)Standards requiring adequate information security protection to reasonably ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering. Source: SL 2014, ch 47, §8.
SD Codified L § 7-9A-9 (2021)
2021 South Dakota Codified Laws|Title 7 - Counties|Chapter 09A - Uniform Real Property Electronic Recording Act|Section 7-9A-9 - Uniformity of application and construction.

7-9A-9. Uniformity of application and construction.In applying and construing the provisions of this chapter, the commission shall give consideration to the need to promote uniformity of the law with respect to its subject matter among states that enact these provisions. Source: SL 2014, ch 47, §9.
SD Codified L § 7-9A-10 (2021)
2021 South Dakota Codified Laws|Title 7 - Counties|Chapter 09A - Uniform Real Property Electronic Recording Act|Section 7-9A-10 - Relation to Electronic Signatures in Global and National Commerce Act.

7-9A-10.Relation to Electronic Signatures in Global and National Commerce Act.This chapter modifies, limits, and supersedes the Federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001, et seq.), as of January 1, 2014, but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S. C. Section 7003(b)). Source: SL 2014, ch 47, §10.
SD Codified L § 7-10-1 (2021)
2021 South Dakota Codified Laws|Title 7 - Counties|Chapter 10 - County Auditor|Section 7-10-1 - Auditor as clerk of county commissioners--Preservation and destruction of records.

7-10-1. Auditor as clerk of county commissioners--Preservation and destruction of records.The county auditor is the clerk of the board of county commissioners and shall keep an accurate record of its official proceedings and carefully preserve all of the documents, books, records, maps, and other papers required to be deposited or kept in his office and carefully perform such other acts and duties as are required by law. However, the county auditor may destroy any record which the records destruction board, acting pursuant to §1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value. Source: SL 1887, ch 10, §4; CL 1887, §649; RPolC 1903, §885; RC 1919, §5944; SDC 1939, §12.0901; SL 1981, ch 45, §2.
SD Codified L § 7-10-2 (2021)
2021 South Dakota Codified Laws|Title 7 - Counties|Chapter 10 - County Auditor|Section 7-10-2 - Accounting records maintained--Destruction.

7-10-2. Accounting records maintained--Destruction.The county auditor is required to keep and maintain such accounting records as set forth in the accounting manual prescribed by the auditor-general. However, the county auditor may destroy any record which the records destruction board, acting pursuant to §1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value. Source: SL 1897, ch 28, §93; RPolC 1903, §2156; RC 1919, §5946; SDC 1939, §12.0902; SL 1975, ch 76, §2; SL 1981, ch 45, §3.
SD Codified L § 7-10-3 (2021)
2021 South Dakota Codified Laws|Title 7 - Counties|Chapter 10 - County Auditor|Section 7-10-3 - Monthly verification of treasurer's accounts--Report to county commissioners--Contents.

7-10-3. Monthly verification of treasurer's accounts--Report to county commissioners--Contents.The county auditor shall at the close of each calendar month list all cash and cash items held by the county treasurer and verify the balances in the depositories. The county auditor shall report to the board of county commissioners at each regular meeting the bank balances, the total amount of actual cash, the total amount of checks and drafts which have been in the treasurer's possession not exceeding three days. The county auditor shall also submit an itemized report of all cash items, checks, and drafts which have been in the treasurer's possession over three days. This report shall be made a part of the county commissioners' proceedings. Source: SL 1887, ch 10, §5; CL 1887, §650; RPolC 1903, §886; SL 1913, ch 206; SL 1917, ch 235; RC 1919, §5945; SL 1931, ch 116; SDC 1939, §12.0903; SL 2016, ch 44, §9.
SD Codified L § 7-10-4 (2021)
2021 South Dakota Codified Laws|Title 7 - Counties|Chapter 10 - County Auditor|Section 7-10-4 - Financial reports--Time for preparation and publication--Filing of publication.

7-10-4. Financial reports--Time for preparation and publication--Filing of publication.The county auditor shall prepare by the first day of March of each year a report of the revenues and expenditures of the previous year and the assets, liabilities, and equity of the county as of December thirty-first of the previous year. The report shall be made in the form prescribed by the auditor-general and shall be published within thirty days in the official newspapers of the county. A copy of the publication shall be filed with the auditor-general. Source: CL 1887, §1664; SL 1889, ch 48, §1; RPolC 1903, §2240; SL 1913, ch 206, §15; SL 1917, ch 235, §2; RC 1919, §5947; SL 1921, ch 167; SDC 1939, §12.0904; SL 1957, ch 19; SL 1972, ch 43, §1; SL 1975, ch 76, §3; SL 1982, ch 60, §2; SL 1984, ch 47.