South Dakota 2025 Regular Session

South Dakota House Bill HB1133 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.54.25 100th Legislative Session 1133
	1	+	25.54.24 100th Legislative Session 1133
2	2
3	3
4	4		2025 South Dakota Legislature
5	5		House Bill 1133
6		-	ENROLLED
7		-
8		-	AN ACT
9		-
10		-
11		-	ENTITLED An Act to amend bond requirements.
12		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
13		-	Section 1. That § 18-1-2 be AMENDED:
14		-	18-1-2. Each notary public, before performing the duties of the office, shall take
15		-	an oath as required by § 3-1-5.
16		-	Section 2. That § 18-1-3 be AMENDED:
17		-	18-1-3. Each notary public, before entering upon the duties of the office, shall
18		-	obtain an official seal and file an impression of the same, together with the oath described
19		-	in § 18-1-2, in the Office of the Secretary of State.
20		-	Section 3. That § 29A-3-603 be AMENDED:
21		-	29A-3-603. A bond is not required of a personal representative unless the court
22		-	concludes that a bond is in the best interests of the estate.
23		-	Section 4. That § 29A-3-604 be AMENDED:
24		-	29A-3-604. (a) If bond is required and the provisions of the will or order of
25		-	appointment do not specify the amount, unless stated in the application or petition, the
26		-	person qualifying as personal representative shall file a statement under oath with the
27		-	clerk indicating the person's best estimate of the value of the personal estate of the
28		-	decedent and of the income expected from the personal and real estate during the next
29		-	year, and shall execute and file a bond with the clerk, or give other suitable security, in
30		-	an amount not less than the estimate. The clerk shall determine that the bond is duly
31		-	executed by a corporate surety, or one or more individual sureties whose performance is 25.54.25 2 1133
32		-	HB1133 ENROLLED
33		-	secured by pledge of personal property, mortgage on real property, or other adequate
34		-	security.
35		-	(b) The clerk may permit the amount of the bond to be reduced by the value of
36		-	assets of the estate deposited with a financial institution, as defined in § 29A-6-101, that
37		-	is located in this state and in a manner that prevents their unauthorized disposition.
38		-	(c) On petition of the personal representative or another interested person, the
39		-	court may require bond, increase or reduce the amount of the bond, release sureties, or
40		-	permit the substitution of another bond with the same or different sureties.
41		-	Section 5. That § 21-41-24 be REPEALED. 25.54.25 3 1133
42		-	HB1133 ENROLLED
43		-	An Act to amend bond requirements.
44		-
45		-
46		-
47		-
48		-	I certify that the attached Act originated in
49		-	the:
50		-
51		-	House as Bill No. 1133
52		-
53		-
54		-
55		-	Chief Clerk
56		-
57		-
58		-
59		-
60		-	Speaker of the House
61		-
62		-	Attest:
63		-
64		-
65		-
66		-
67		-	Chief Clerk
68		-
69		-
70		-
71		-
72		-	President of the Senate
73		-
74		-	Attest:
75	6
76	7
77	8
78	9
79	10
80		-	Secretary of the Senate
81	11
	12	+	Introduced by: Representative Mortenson
82	13
83		-
84		-	House Bill No. 1133
85		-	File No. ____
86		-	Chapter No. ______
87		-
88		-
89		-
90		-	Received at this Executive Office
91		-	this _____ day of _____________,
92		-
93		-	2025 at ____________M.
94		-
95		-
96		-
97		-	By
98		-	for the Governor
99		-
100		-
101		-	The attached Act is hereby
102		-	approved this ________ day of
103		-	______________, A.D., 2025
104		-
105		-
106		-
107		-
108		-
109		-	Governor
110		-
111		-	STATE OF SOUTH DAKOTA ,
112		-	ss.
113		-	Office of the Secretary of State
114		-
115		-
116		-	Filed ____________, 2025
117		-	at _________ o'clock __M.
118		-
119		-
120		-
121		-
122		-
123		-	Secretary of State
124		-
125		-
126		-
127		-	By
128		-	Asst. Secretary of State
129		-
130		-
	14	+	Underscores indicate new language.
	15	+	Overstrikes indicate deleted language.
	16	+	An Act to amend bond requirements. 1
	17	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
	18	+	Section 1. That § 18-1-2 be AMENDED: 3
	19	+	18-1-2. Each notary public, before performing the duties of the office, shall take 4
	20	+	an oath as required by § 3-1-5, and shall give a bond to this state, to be approved by the 5
	21	+	attorney general, in the penal sum of five thousand dollars, conditioned for the faithful 6
	22	+	discharge of the duties of the office. 7
	23	+	Section 2. That § 18-1-3 be AMENDED: 8
	24	+	18-1-3. Every Each notary public, before entering upon the duties of his the office, 9
	25	+	shall provide obtain an official seal and file an impression of the same, together with his 10
	26	+	oath and bond the oath described in § 18-1-2, in the Office of the Secretary of State. 11
	27	+	Section 3. That § 29A-3-603 be AMENDED: 12
	28	+	29A-3-603. Bond A bond is not required of a personal representative unless: (a) 13
	29	+	the will expressly waives bond, directs that there be no bond, or waives the requirement 14
	30	+	of surety thereon; (b) all of the heirs, if no will has been probated, or all of the devisees 15
	31	+	file a written waiver of the bond requirement; (c) the personal representative is a bank or 16
	32	+	trust company qualified to do trust business or exercise trust powers in this state; or (d) 17
	33	+	the court concludes that a bond is not in the best interests of the estate. 18
	34	+	Section 4. That § 29A-3-604 be AMENDED: 19
	35	+	29A-3-604. (a) If bond is required and the provisions of the will or order of 20
	36	+	appointment do not specify the amount, unless stated in the application or petition, the 21
	37	+	person qualifying as personal representative shall file a statement under oath with the 22 25.54.24 2 1133
	38	+	Underscores indicate new language.
	39	+	Overstrikes indicate deleted language.
	40	+	clerk indicating the person's best estimate of the value of the personal estate of the 1
	41	+	decedent and of the income expected from the personal and real estate during the next 2
	42	+	year, and shall execute and file a bond with the clerk, or give other suitable security, in 3
	43	+	an amount not less than the estimate. The clerk shall determine that the bond is duly 4
	44	+	executed by a corporate surety, or one or more individual sureties whose performance is 5
	45	+	secured by pledge of personal property, mortgage on real property, or other adequate 6
	46	+	security. 7
	47	+	(b) The clerk may permit the amount of the bond to be reduced by the value of 8
	48	+	assets of the estate deposited with a financial institution (, as defined in § 29A-6-101), 9
	49	+	that is located in this state and in a manner that prevents their unauthorized disposition. 10
	50	+	(c) On petition of the personal representative or another interested person and 11
	51	+	subject to § 29A-3-603, the court may require bond, excuse bond, increase or reduce the 12
	52	+	amount of the bond, release sureties, or permit the substitution of another bond with the 13
	53	+	same or different sureties. 14
	54	+	Section 5. That § 21-41-24 be REPEALED. 15
	55	+	Before the entry of judgment in such action, the plaintiff must execute a bond of 16
	56	+	indemnity to the defendants in the action who shall be served by publication, with 17
	57	+	sufficient surety to be approved by the court, in such sum as the court shall direct, 18
	58	+	conditioned that if any defendant shall be permitted to defend after judgment, as provided 19
	59	+	in § 21-41-25, and such defense shall be successful, that the plaintiff will pay to such 20
	60	+	defendant the value of his interest in said premises, and his costs of defending the action. 21
	61	+	Provided, however, that personal service of the summons and complaint outside of this 22
	62	+	state, in the manner provided by the laws of this state, shall, for the purposes of this 23
	63	+	section, be deemed personal service and not service by publication. 24