Title 36 — PROFESSIONS AND OCCUPATIONS

Source: SDC 1939, § 1.0102; revised pursuant to SL 1972, ch 15 , § 4; SL 2008, ch 195 , § 11.

The board shall be composed of five members appointed by the Governor. Four members of the board shall be abstracters who have been qualified to do the business of abstracting under § 36-13-8 for five years prior to the date of their appointment. The members may not be all of the…

The membership of the board shall include one lay member who is a user of the services regulated by the board. The term, lay member who is a user, refers to a person who is not licensed by the board but, if practical, uses the service licensed. The term shall be liberally constru…

Terms used in this chapter mean: (1) "Abstract," a compilation in orderly arrangement of the materials and facts of record affecting the title to a specific parcel of land, issued under a certificate certifying to the matters contained in such compilation; (2) "Abstracter," any p…

The term, chain of title, means all documents of conveyance given in a continuous succession of title: (1) With respect to unplatted lands, the smaller of: (a) Each quarter section of land; or (b) If a patent was issued for a portion of quarter section of land, then that portion …

Any person engaging in or continuing the business of abstracting of titles to property within the state shall have a title plant, which shall include a set of abstract books or set of indexes or other records showing in a sufficiently comprehensive form, all instruments affecting…

A person may obtain a certificate of registration under this chapter upon the successful completion of an examination. The person shall apply to the board and pay to its secretary-treasurer an examination fee in an amount set by the board by rules promulgated pursuant to chapter …

Each applicant for a certificate of registration shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the board shall submit comple…

At the time and place fixed pursuant to § 36-13-11 , the board shall proceed to examine the applicant under such rules as the board may promulgate with reference to the laws of this state affecting titles of property, the recording laws, and the common practices, proceedings, and…

The board may require separate applications and examinations and fees for any abstracter who applies for registration in more than one county. A certificate of registration shall qualify the holder for abstracting only in the county to which it relates. Source: SDC 1939, § 1.0105…

Before the board may issue a certificate of registration, the applicant shall file with the board a bond to be approved by it running to the State of South Dakota in the penal sum of twenty-five thousand dollars for counties with a population of fifteen thousand or less and fifty…

If a personal surety bond is given under § 36-13-15 , there shall be at least three sureties, each of whom shall justify for the full amount of the bond as a resident and freeholder of this state having unencumbered property in excess of all debts, liabilities, and exemptions all…

The original bond required by § 36-13-15 shall be filed and registered by and remain in the office of the secretary-treasurer of the board as a public file and record. The secretary-treasurer shall file a certified copy of each bond filed and registered pursuant to this section i…

The board may at any time require any abstracter holding a certificate under the provisions of this chapter, upon thirty days' notice, to furnish such additional bonds as the board deems proper to meet the requirements of this chapter, and, in proceedings under chapter 1-26 , to …

Any person damaged by or on account of any error, deficiency, or mistake in any abstract or certificate of title or continuation thereof, whether or not the original purchaser, owner, or holder of the abstract, may maintain an action upon the bond required by § 36-13-15 in the pe…

The board shall organize by the election of a president and secretary-treasurer from its members. The secretary-treasurer shall furnish a bond in the sum of not less than fifteen thousand dollars. Source: SDC 1939, § 1.0102; SL 2008, ch 195 , § 5.

The board shall continue within the Department of Labor and Regulation and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at such times as required by the secretary of la…

A certificate issued by the board under the provisions of this chapter shall recite that the bond required by § 36-13-15 has been duly filed and approved. Such certificate authorizes the person named in it to engage in and carry on the business of an abstracter of real estate tit…

A certificate of registration shall be issued upon the payment of a fee set by the board by rules promulgated pursuant to chapter 1-26 . The fee for a certificate of registration may not exceed the following: for counties with a population of ten thousand or less, five hundred do…

The board shall charge to and collect from the applicant for a certificate of registration for a new plant or the transfer of a certificate of registration, the actual expenses of inspecting and approving the new plant or transfer of registration including per diem, travel, and r…

The board may issue a temporary certificate to any person desiring to engage in the business of abstracting in any county where there is no registered abstracter, or where the only existing abstract plant has been destroyed so that its records and indexes are not available, or wh…

The board shall enter the names of all applicants for registration with their place of residence and such other information as may be deemed appropriate in a register. The register shall include any action taken by the board regarding the applicant and the date upon which the cer…

Any abstracter furnishing abstracts of title to real property under the provisions of this chapter shall first obtain a seal and shall deposit an impression of the seal with the secretary-treasurer of the board before the certificate of registration may be issued. The seal shall …

The board shall, by rule promulgated pursuant to chapter 1-26 , establish a schedule of fees for doing business under the provisions of this chapter and shall furnish to each licensed abstracter a copy of such schedule and any amendments. The board shall also establish, by rule p…

Any abstract of title certified to be true and correct by any abstracter holding a valid certificate of registration pursuant to this chapter, under the signature and seal of such abstracter, shall be received by the courts of this state as prima facie evidence of the existence o…

An abstracter's countersignature on a title insurance policy is verification that the abstracter has furnished the insurer a report based on the examination of record title and any other title information and services required by the insurer and §

If the records of any county are destroyed or so spoiled as to be unintelligible, any of the certified abstracters in that county shall furnish to the county a copy of any of its abstracts, indexes, or other records of any instruments that the county may require by resolution of …

A certificate of registration may be suspended or revoked by the board for violation of any provision of this chapter or upon conviction of the holder of such certificate of a crime involving moral turpitude or dishonesty, or for violation of any lawful order of the board, or whe…

No certificate may be suspended or revoked pursuant to § 36-13-28 except upon proceedings in compliance with chapter 1-26 . Source: SDC 1939, § 1.0114; revised pursuant to SL 1972, ch 15 , § 4; SL 2008, ch 195 , § 35. 36-13-30. Omitted.

Any money received by the board shall be set forth in an informational budget as described in § 4-7-7.2 and be annually reviewed by the Legislature. Any money received shall be deposited with the state treasurer. The state treasurer shall credit the money to the Abstracters' Boar…

An appeal may be taken by any person affected by any order or decision of the board as provided by chapter 1-26 . Source: SDC 1939, § 1.0116; revised pursuant to SL 1972, ch 15 , § 4; SL 2008, ch 195 , § 36. 36-13-32, 36-13-33. Omitted.

The board shall keep a permanent record of its receipts and disbursements with the supporting vouchers. The records of the board shall be open to public inspection and its accounts shall be subject to audit by the Department of Legislative Audit or the state auditor. Source: SDC …

The board shall carry out the purposes and enforce the provisions of this chapter. The board shall have a seal in such form as it may design, but the seal shall contain the words, "State of South Dakota, Abstracters' Board of Examiners." Source: SDC 1939, §§ 1.0101, 1.0102; revis…

The board may promulgate rules pursuant to chapter 1-26 for the following: (1) The fee for examinations pursuant to § 36-13-11 ; (2) The fee for plant examinations pursuant to § 36-13-10 ; (3) The areas of the law to be included and other requirements for conducting examinations …

The president and secretary-treasurer of the board have the powers granted by §§ 1-26-19.1 and

Any person engaging in or continuing in the business of abstracting of titles to property within the state shall first obtain a certificate of registration, file the required bond, and comply with the other requirements of this chapter and the rules promulgated by the board pursu…

Any person making, compiling, or certifying to abstracts of title to property in this state without having a certificate of registration from the board commits a Class 1 misdemeanor. Source: SDC 1939, § 1.9901; SL 1977, ch 190 , § 175; SL 2008, ch 195 , § 13.

The board is empowered to commence actions for injunction for violation of this chapter or rules promulgated pursuant to this chapter as an alternate to criminal proceedings. The commencement of one proceeding by the board constitutes an election. Source: SL 1972, ch 15 , § 4; SL…