reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 08 - County Commissioners › Section 7-8-40 - Conditions of public works program for payment of property taxes--Participation.

7-8-40. Conditions of public works program for payment of property taxes--Participation.
Any program created by a county pursuant to §7-8-39 shall establish the conditions under which such work is conducted and how the income from such employment is to be applied to a person's property taxes. The program may include any unit of government within the county. The conditions the county establishes shall include a direct transfer of revenue between units of government in lieu of property tax abatements or actual payments to individuals. Any person may elect not to participate in the program.
Source:
SL 1994, ch 65, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 08 - County Commissioners › Section 7-8-41 - Passport applications--Assistance by county employees.

7-8-41. Passport applications--Assistance by county employees.
Any county employee designated by the board of county commissioners may apply to the United States State Department to assist in the execution of United States passport applications. Any fees collected but not remitted to the United States State Department shall be deposited in the county general fund.
Source:
SL 2011, ch 37, §1, eff. March 7, 2011.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 08A - Optional Form Of County Government › Section 7-8A-1 - Adoption of optional form of government.

7-8A-1. Adoption of optional form of government.
The electors of any county may adopt a board of county commissioners-appointed manager form of county government provided for by this chapter.
Source:
SL 1986, ch 62, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 08A - Optional Form Of County Government › Section 7-8A-2 - Board as governing body--Election.

7-8A-2. Board as governing body--Election.
In each county adopting an optional form of county government, the board of county commissioners shall be the governing body of the county and shall exercise all powers authorized by law and the State Constitution applicable to counties except as otherwise provided by this chapter. The board shall be elected in the same manner as provided by chapter 7-8.
Source:
SL 1986, ch 62, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 08A - Optional Form Of County Government › Section 7-8A-3 - County manager--Duties and qualifications.

7-8A-3. County manager--Duties and qualifications.
The board of county commissioners-appointed manager form of government shall be that form in which the chief administrative officer is the county manager. The county manager shall be the administrative head of the county and is responsible for the proper administration of the affairs of county government. The county manager shall be appointed solely on the basis of his training, experience, and administrative qualifications and need not be a resident of the county. He shall serve at the pleasure of the board at a salary set by the board.
Source:
SL 1986, ch 62, §3.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 08A - Optional Form Of County Government › Section 7-8A-4 - Appointment of county manager.

7-8A-4. Appointment of county manager.
The board of county commissioners may appoint any county officer or employee to be the county manager by reason of training, experience, and administrative qualifications. If any county officer or employee is appointed county manager, the officer or employee shall resign the office or position and terminate office responsibilities before assuming the office of county manager.
Source:
SL 1986, ch 62, §4; SL 2016, ch 44, §7.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 08A - Optional Form Of County Government › Section 7-8A-5 - Duties of county manager.

7-8A-5. Duties of county manager.
The county manager shall:
(1)Provide for the proper execution of all orders, resolutions, and regulations established by the board;
(2)Attend all meetings of the board and recommend measures for adoption;
(3)Prepare and submit to the county board a proposed annual budget and long-range capital expenditure program, along with a financial plan for raising revenue, for such a period as the board may direct;
(4)Administer the provisions of the budget when adopted by the board;
(5)Keep the board fully advised of the financial condition and needs of the county and make such other reports from time to time as required by the board or he deems necessary;
(6)Appoint and hire qualified staff to assist in the proper administration of the county affairs; and
(7)Perform such other duties as may be required of him by the board.
Source:
SL 1986, ch 62, §5.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 08A - Optional Form Of County Government › Section 7-8A-6 - Election to adopt optional form.

7-8A-6. Election to adopt optional form.
The board of county commissioners, by ordinance, or upon receiving a petition signed by not less than fifteen percent of the registered voters in the county, based upon the total number of registered voters at the last preceding general election, shall submit to the electors the question of whether to adopt an optional form of county government authorized by this chapter. The procedures set forth in chapter 7-18A shall govern such initiated measure and election.
Source:
SL 1986, ch 62, §6; SL 1988, ch 63, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 08A - Optional Form Of County Government › Section 7-8A-7 - Election to discontinue optional form.

7-8A-7. Election to discontinue optional form.
A petition to discontinue an optional form of county government authorized by this chapter may be submitted to the board for submission to the electors of the county at an election, in the manner provided for the petition of an optional form of county government under the provisions of §7-8A-6.
Source:
SL 1986, ch 62, §7.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 08A - Optional Form Of County Government › Section 7-8A-8 - Effect of adoption or discontinuance.

7-8A-8. Effect of adoption or discontinuance.
The adoption or the discontinuance of an optional form of county government, as provided in this chapter, does not affect any act or contract affirmed or ratified.
Source:
SL 1986, ch 62, §8.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-1 - Duty to keep records of instruments--Destruction of unneeded records.

7-9-1. Duty to keep records of instruments--Destruction of unneeded records.
The register of deeds shall keep full and true records in proper books, of all deeds, mortgages, and other instruments authorized by law to be recorded in the register of deeds' office, and records of all chattel mortgages, bills of sale, conditional sale contracts, and other instruments authorized by law to be filed in the register of deeds' office, if the person offering any of such instruments pays the fee required by law for recording or filing the same. Any document presented for recording with the register of deeds shall contain a typed, stamped, or printed legend stating the words, prepared by, followed by the name, address, and telephone number of the preparer. The following documents are exempt from this requirement:
(1)Documents dated prior to July 1, 1994;
(2)Documents prepared by the United States of America, this state, or any instrumentality, agency, or political subdivision of either; and
(3)Court certified documents.
The register of deeds may destroy those records that the state records destruction board, pursuant to §1-27-19, has declared to be of no further administrative, legal, fiscal, research, or historical value.
Source:
SDC 1939, §12.0702; SL 1980, ch 54; SL 1994, ch 62; SL 1995, ch 39, §1; SL 1999, ch 32, §1.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-1.1 - Recording, filing, and indexing of records by microfilming or computerization.

7-9-1.1. Recording, filing, and indexing of records by microfilming or computerization.
The functions of the register of deeds, including but not limited to, the recording of instruments, liens, satisfactions, and releases and the filing of records, as well as the index to any such record, may be accomplished by means of microfilming or computerization, as provided in §6-1-11.
Source:
SL 1988, ch 61, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-2 - Seal of office--Use on instruments.

7-9-2. Seal of office--Use on instruments.
The register of deeds shall obtain a seal which shall bear the following inscription: "Register of deeds of __________ county." The seal may be in a rubber, raised embosser, or electronic format and shall be used on each instrument to which the register of deeds affixes his or her signature. The signature of the register of deeds may be in original or electronic format.
Source:
SL 1883, ch 95, §1; CL 1887, §625; RPolC 1903, §867; RC 1919, §5911; SDC 1939, §12.0701; SL 1978, ch 55; SL 2014, ch 47, §11.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-3 - Time of recording.

7-9-3. Time of recording.
Each instrument entitled by law to be recorded, shall be recorded during the office hours set pursuant to §§7-7-2 and 7-7-2.1 in the order and as of the date and time when the instrument is received by the register of deeds for that purpose.
Source:
SL 1862, ch 61; SL 1863-4, ch 30; SL 1863-4, ch 42, §1; SL 1870-1, ch 11, §1; SL 1874-5, ch 27, §54; PolC 1877, ch 21, §57; CL 1887, §624; RPolC 1903, §866; RC 1919, §5910; SDC 1939, §12.0702; SL 2014, ch 47, §12.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-4 - Special townsite deed record required.

7-9-4. Special townsite deed record required.
In counties where townsites are now or may hereafter be located upon government lands, it shall be the duty of the register of deeds to procure a book to be known as the townsite deed record, in which he shall record all deeds made by the mayor of any first or second class municipality or other competent officer, conveying any of such townsite property to claimants or trustees.
Source:
SL 1895, ch 159, §1; RPolC 1903, §872; RC 1919, §5915; SDC 1939, §12.0707; SL 1981, ch 44, §6; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-5 - Conveyances of platted land not accepted until plat recorded.

7-9-5. Conveyances of platted land not accepted until plat recorded.
No register of deeds may accept for record or record any deed, mortgage, or other conveyance of any platted plot of land until the plat has been accepted for record in the register of deed's office.
Source:
SL 1913, ch 342, §4; RC 1919, §5918; SDC 1939, §12.0709; SL 2016, ch 44, §8.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-6 - Tax payment certificate required for recording of plat--County auditor's, state highway, and centrally assessed railroad property plats excepted.

7-9-6. Tax payment certificate required for recording of plat--County auditor's, state highway, and centrally assessed railroad property plats excepted.
No register of deeds may accept for record or record any plat of any subdivision or rearrangement of any tract of land unless it is accompanied by the certificate of the county treasurer that all taxes which are liens upon the tract so subdivided have been fully paid. This section does not apply to plats of outlots made by the county auditor for purposes of taxation of the property platted. This section does not apply to plats made by the state highway engineer or any registered land surveyor in the employ of the state transportation department, for the purpose of describing rights of way purchased or to be purchased by the state transportation department. This section does not apply to plats made to enable the sale or transfer of centrally assessed railroad property as defined by §10-28-1. This section does not apply to plats made by a municipality describing easements and rights-of-way for municipal utilities.
Source:
SL 1913, ch 342, §§1 to 3; RC 1919, §5917; SDC 1939, §12.0710; SL 1941, ch 27; SL 1980, ch 55; SL 1992, ch 53.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-7 - Names, addresses, and descriptions required in recorded instruments--Certificate of value.

7-9-7. Names, addresses, and descriptions required in recorded instruments--Certificate of value.
No register of deeds may accept for record in the office of the register of deeds:
(1)Any deed, affidavit terminating joint tenancy or life estate interests, or oil, gas, or other mineral lease, or affidavit for succession to real property pursuant to §29A-3-1203 that does not include the names of the grantor and the grantee or the lessor and the lessee, the names of the joint tenant, the post office address of the grantee or lessee, and a legal description of the property conveyed or leased;
(2)Any mortgage that does not include the names of the mortgagor and the mortgagee, the post office address of the mortgagee, a legal description of the property, and the amount of the mortgage and when it is due;
(3)Any assignment of mortgage or oil, gas, or other mineral lease that does not include the names of the assignor and the assignee, the post office address of the assignee, and a legal description of the property;
(4)Any deed or contract for deed dated after July 1, 1988 or affidavit for succession to real property pursuant to §29A-3-1203, used in the purchase, exchange, transfer, or assignment of interest in real property that is not accompanied by a certificate of value containing the name and address of the buyer and seller, the legal description of the real property, the actual consideration exchanged for the real property, the relationship of the seller and buyer, if any, and the terms of payment if other than payment in full at the time of sale; or
(5)A transfer on death deed, pursuant to §§29A-6-401 to 29A-6-435, inclusive, is exempt from completing and submitting the certificate of value as set forth in subdivision (4) of this section.
Source: SL 1911, ch 257, §6; RC 1919, §5916; SDC 1939, §12.0708; SL 1943, ch 25; SL 1972, ch 41; SL 1983, ch 43; SL 1987, ch 69; SL 1988, ch 68; SL 1991, ch 61, §1; SL 2006, ch 32, §1; SL 2014, ch 133, §36; SL 2022, ch 89, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-7.1 - Report of information in recorded instruments.

7-9-7.1. Report of information in recorded instruments.
The register of deeds shall make the information collected pursuant to §7-9-7 available to the director of equalization and the secretary of revenue in the same manner as is required by §7-9-10.
Source:
SL 1991, ch 61, §3.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-7.2 - Certificate of value--Form.

7-9-7.2. Certificate of value--Form.
The form of the certificate of value required by §§7-9-7 and 10-13-40 shall be established by the secretary of revenue by rule promulgated pursuant to chapter 1-26.
Source:
SL 1991, ch 61, §2; SL 1999, ch 50, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-7.3 - State exempt from filing certificate of value.

7-9-7.3. State exempt from filing certificate of value.
In lieu of filing the certificate of value required by §7-9-7 when filing deeds or easements conveying highway right-of-way, the State of South Dakota shall file with the director of equalization a statement of the purchase price paid and the date the state received possession of the right-of-way. The state shall also file with the director of equalization a copy of the plat of the right-of-way being conveyed. The State of South Dakota is exempt from the requirement of §7-9-7 to file a certificate of value with the register of deeds when filing a deed or easement conveying highway right-of-way.
Source:
SL 1991, ch 61, §4.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-7.4 - Original signatures required for recording paper document--Financing statements--Exhibits.

7-9-7.4. Original signatures required for recording paper document--Financing statements--Exhibits.
Unless otherwise provided by law, a paper document that is to be recorded or filed in the register of deeds' records as provided in this section or other applicable law shall contain the original signatures of the parties who execute the document and if required to be acknowledged or further proven, original signatures of the notary public, witnesses or other officer taking an acknowledgment. However, any financing statement filed and recorded pursuant to chapter 57A-9 does not need to contain:
(1)The signatures of the debtor or the secured party; or
(2)An acknowledgment.
No original signature may be required if the document is attached as an exhibit to an affidavit or other document that has an original signature that is acknowledged, sworn to with a proper jurat, or proved according to law.
Source:
SL 2014, ch 47, §13.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-8 - Numerical indexes of instruments affecting real property--Form.

7-9-8. Numerical indexes of instruments affecting real property--Form.
The register of deeds shall keep one numerical index of the deeds, contracts, and other instruments, not liens merely, and another such index of the mortgages and other liens, of record in his office affecting or relating to the title to real property, which indexes shall be substantially or as near as may be in the following form:
Form of Numerical Index to Municipal Property.
__________
BLOCK NO. I, IN . . . . . . . . . . .
No. Of Lot
Vol.
Page
Vol.
Page
Vol.
Page
Vol.
Page
Vol.
Page
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Form of Section System of Numerical Index to Real Estate.
__________
TOWNSHIP NO.. . . . . . . . . . RANGE NO.. . . . . . . . . . SECTION NO.. . . . . . . . . .
No. Of Sections
Quarter Sec.
Part Qr. Sec.
Vol.
Page
Vol.
Page
Vol.
Page
1
NE 
ne quarter
nw quarter
sw quarter
se quarter
NW 
ne quarter
nw quarter
sw quarter
se quarter
SW 
ne quarter
nw quarter
sw quarter
se quarter
SE 
ne quarter
nw quarter
sw quarter
se quarter
Source: SL 1874-5, ch 70; PolC 1877, ch 21, §§58, 59; SL 1887, ch 134; CL 1887, §§626, 627; RPolC 1903, §§868, 869; RC 1919, §§5912, 5913; SDC 1939, §12.0703.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-8.1 - Endorsement of date, time, and identifying number--Entry in indexes.

7-9-8.1. Endorsement of date, time, and identifying number--Entry in indexes.
Each register of deeds shall plainly endorse each instrument received for record, upon receipt, the date and time of reception of the instrument, and an identifying number. The identifying number may be a unique instrument number or book and page number, or both, that clearly identifies the specific instrument. The register of deeds shall enter the identifying number as part of the entry relating to the instrument in the appropriate indexes maintained by the register of deeds. The document shall indicate whether the instrument was received by electronic transmission and the number of pages recorded or filed with that instrument.
Source:
SDCL §7-9-8 as added by SL 1971, ch 46; SL 2014, ch 47, §14.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-9 - Alphabetical indexes of instruments affecting real property.

7-9-9. Alphabetical indexes of instruments affecting real property.
In addition to the numerical indexes required by §7-9-8, there shall be kept one index of the deeds, contracts, and other instruments, not liens merely, and another of the mortgages and other instruments which are liens affecting title to real property, which indexes shall show the names of the grantors and grantees, dates of instruments, dates of filing, and description of property affected.
Source:
SL 1887, ch 134; CL 1887, §§629, 630; RPolC 1903, §§870, 871; RC 1919, §5914; SDC 1939, §12.0704.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-10 - Monthly report to tax officials of real estate transfers.

7-9-10. Monthly report to tax officials of real estate transfers.
It shall be the duty of the register of deeds in each county to keep in his office and to enter therein the name of the grantor and the grantee and a sufficient description of the real estate in each transfer to perfectly identify the same and, on the last working day of each calendar month, he shall certify to the secretary of revenue, county auditor and director of equalization a list of transfers for the current month.
Source:
SL 1909, ch 47, §1; RC 1919, §5919; SDC 1939, §12.0711; SL 1959, ch 23; SL 1963, ch 39.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-11 - Numbering and alphabetical index of instruments relating to personal property.

7-9-11. Numbering and alphabetical index of instruments relating to personal property.
The register of deeds with whom any chattel mortgage, bill of sale, conditional sales contract, lien upon personal property, or other instrument affecting personal property, or authenticated copy of any thereof, is filed, must endorse a number upon the same in consecutive order, together with the time of receiving the same and must enter the name of every party thereto in a book kept for that purpose, alphabetically, placing mortgagors and mortgagees, vendors and vendees, obligors and obligees, under a separate head and stating in separate columns opposite each name, the number endorsed upon the instrument, its date, the date of filing, the nature of the instrument, and in case of a lien, the amount secured or claimed thereby.
Source:
CivC 1877, §1751; CL 1887, §4386; RCivC 1903, §2096; RC 1919, §1581; SDC 1939, §12.0705; SL 1941, ch 26.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-12 - Form of personal property index.

7-9-12. Form of personal property index.
The index described in §7-9-11 shall be substantially, or as near as may be, in the following form:
Personal Property Index
Vendor
or
Obligee
Vendee
or
Obligor
Number
Date
Date
of
Filing
Nature
of
Instrument
Amount
Remarks
Source:
CivC 1877, §1751; CL 1887, §4386; RCivC 1903, §2096; RC 1919, §1581; SDC 1939, §12.0705; SL 1941, ch 26.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-13 - Continued use of previously authorized register index.

7-9-13. Continued use of previously authorized register index.
Any register of deeds may continue to use the register index heretofore provided by law until space in such record is exhausted after which date the index provided for in §§7-9-11 and 7-9-12 shall be used; provided, that any such instrument is not to be deemed defectively filed by reason of any errors in copy filed which do not tend to mislead a party interested; and the negligence of an officer with whom any such instrument is filed does not prejudice the rights of the person for whose protection it is filed.
Source:
CivC 1877, §1751; CL 1887, §4386; RCivC 1903, §2096; RC 1919, §1581; SDC 1939, §12.0705; SL 1941, ch 26.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-13.1 - Release of old age assistance liens.

7-9-13.1. Release of old age assistance liens.
All liens and claims in favor of the state arising under former chapter 28-4 are hereby released, satisfied, and discharged in full. The register of deeds of each county shall search the records in his office and enter such action citing this section as his authority.
Source:
SL 1974, ch 191, §2; SL 1981, ch 44, §7.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-14 - Replacement of unusable indexes--Completion of incomplete indexes--Admissibility in evidence.

7-9-14. Replacement of unusable indexes--Completion of incomplete indexes--Admissibility in evidence.
In any county where the register of deeds shall have failed to make or keep proper indexes of the records of that office which by the laws of this state are required to be made or kept, or, where deterioration or destruction from any cause any such indexes become unusable or likely to become unusable by reason of continued use, the board of county commissioners shall have authority to cause such indexes to be made or copied, or cause any incompleted indexes to be completed from the records of that office and may employ competent persons for such purposes.
Such indexes when so made, or copied, or completed and when approved by the board of county commissioners shall be received and admitted in evidence in any court of competent jurisdiction in the same manner as if they had been made and kept as heretofore required by law. Any such indexes which have been heretofore so made, or copied, or completed and approved shall likewise be admissible in evidence.
Source:
SL 1937, ch 82; SDC 1939, §12.0706; SL 1955, ch 18.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-15.1 - Immunity from personal liability for bad checks.

7-9-15.1. Immunity from personal liability for bad checks.
A register of deeds is not personally liable for any insufficient-funds or no-account checks or uncollectible accounts receivable for any transaction collected or charged if the register of deeds exercised due diligence and if such collections or charges arise in the course of the register of deeds' official duties. The collection and removal procedures of §§7-11-4 and 7-11-4.2 also apply to transactions of the register of deeds office.
Source:
SL 1999, ch 32, §3.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-16 - Reception record and fee book maintained by register--Entries in record.

7-9-16. Reception record and fee book maintained by register--Entries in record.
The register of deeds shall keep a reception record and fee book to be provided by the county which shall be a part of the records of his office and in which shall be entered each item of fees charged or received by him for service rendered as such officer and which book shall also show the name and character of each instrument received for recording or filing, the date of the same, the names of the parties thereto, and the date, hour and minute when received for filing, and the filing number or book and page of record of such instrument.
Source:
SL 1890, ch 134, §§2, 4; RPolC 1903, §1828; RC 1919, §5923; SL 1919, ch 145, §2; SDC 1939, §12.0713.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-17 - Deposit of fees and other collections received--Charging on account--Record of accounts receivable.

7-9-17. Deposit of fees and other collections received--Charging on account--Record of accounts receivable.
Within the time frame established by the county commission, the register of deeds shall deposit with the county treasurer the total amount of fees and other collections received. Unless otherwise required, all fees and other collections shall be placed to the credit of the general fund. At the discretion of the register of deeds, fees and other transactions may be charged on account but shall be collected by the end of the following month. The register of deeds shall maintain a detailed record of any accounts receivable.
Source:
SDC 1939, §12.0713; SL 1971, ch 44, §3; SL 1972, ch 42, §1; SL 1984, ch 194, §2B; SL 1999, ch 32, §2.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-18 - Failure by register to collect, record, report or pay over fees as theft.

7-9-18. Failure by register to collect, record, report or pay over fees as theft.
Any register of deeds who shall neglect or omit to charge or collect the fees allowed by law for services rendered by him, or shall fail to keep a record of the same, or to make a correct statement thereof to the county auditor, or to pay over such fees to the county treasurer as provided in §7-9-17, with intent to evade the provisions of said section, shall be guilty of theft.
Source:
SL 1890, ch 134, §§2, 4; RPolC 1903, §1828; RC 1919, §5923; SDC 1939, §12.9905; SL 1981, ch 43, §3.
2023 South Dakota Codified Laws › Title 7 - Counties › Chapter 09 - Register Of Deeds › Section 7-9-19 - Refusal to record.

7-9-19. Refusal to record.
A register of deeds may refuse to record any document that the law does not require or authorize a register to record or any document that the register has reasonable cause to believe is a counterfeit lien as defined in §22-11-29.
Source:
SL 1997, ch 45, §1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.