South Dakota SB5: Permit a sheriff to charge a fee for service of process, whether service is completed or not.

What the bill says

An Act ENTITLED An Act to permit a sheriff to charge a fee for service of process, whether service is completed or not.

From the enrolled text:

An Act ENTITLED An Act to permit a sheriff to charge a fee for service of process, whether service is completed or not. Be it enacted by the Legislature of the State of South Dakota: Section 1. That § 7-12-18 be AMENDED: 7-12-18. The sheriff shall charge and remit the following: (1) For serving an order of arrest with commitment or bail bond and return, twenty-five dollars; (2) For any summons, complaint, warrant of attachment, affidavit, notice and undertaking in claim and delivery, injunction, order to show cause, citation, or other process submitted to be served, whether service is completed or not, and return of the instrument, no more than fifty dollars. Only one fee may be charged for all process to be served at the same time upon the same person, regardless of the capacity in which the person is served or attempted to be served. For all process served upon another person at approximately the same time at the same place, no more than ten dollars; (3) For serving subpoena for witness, each person, twenty dollars; (4) For traveling expenses in a motor vehicle, a ten-dollar flat fee, or a mileage allowance of eight cents above the rate set pursuant to § 3-9-1 for each mile actually and necessarily traveled by motor vehicle. For traveling expenses in a …

Read the full official text

Sponsors

• Helene Duhamel (R, SD-032) · primary sponsor
• Tim Walburg (R, HD-008) · primary sponsor
• Jeff Bathke (R, HD-020)
• Heather Baxter (R, HD-034)
• Randy Deibert (R, SD-031)
• Mary Fitzgerald (R, HD-031)
• Josephine Garcia (R, HD-005)
• Tamara Grove (R, SD-026)
• Amber Hulse (R, SD-030)
• David Kull (R, HD-002)
• Liz Larson (D, SD-010)
• Jim Mehlhaff (R, SD-024)

Votes

• Do Pass Amended (January 30, 2025): 58 yea, 8 nay, passed
• Do Pass (January 29, 2025): 13 yea, 0 nay, passed
• Do Pass Amended (January 21, 2025): 32 yea, 0 nay, passed
• Do Pass Amended (January 16, 2025): 7 yea, 0 nay, passed

Common questions

What is SB5?

SB5 is a bill in the South Dakota Legislature (2025 Regular Session): Permit a sheriff to charge a fee for service of process, whether service is completed or not.

What does SB5 do?

In its own words: An Act ENTITLED An Act to permit a sheriff to charge a fee for service of process, whether service is completed or not.

What is the status of SB5?

Passed both chambers as of February 11, 2025.

Who sponsored SB5?

Helene Duhamel (R, SD-032), with 11 co-sponsors.

Where is the official record for SB5?

On the South Dakota Legislature website: https://sdlegislature.gov/#/Session/Bill/25635