Title 1 — STATE AFFAIRS AND GOVERNMENT
88 chapters · 1,826 sections in this title.
SDCL § 1-55-1 Definitions
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Terms used in this chapter mean: (1) "Account receivable cycle," the period of time during which the center may attempt to collect on a debt before the center determines the debt is uncollectible and returns the remaining balance of the debt to the referring entity; (2) "Center,"…
SDCL § 1-55-10 Centralized electronic debt management system
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The center shall establish and maintain a centralized electronic debt management system to compile the information provided by referring entities, to track the collection efforts for all debt referred to the center, to cross-reference and identify debtors for collection purposes,…
SDCL § 1-55-11 Licenses, registrations, and permits withheld from person owing debt referred to center
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No person that owes a debt that is referred to the center may renew, obtain, or maintain: (1) Any registration for any motor vehicle, motorcycle, or boat, in which the person's name appears on the title of the motor vehicle, motorcycle, or boat; (2) Any driver license as defined …
SDCL § 1-55-12 Hearing on debt determination dispute--Written request--Temporary license, registration, or permit
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No agency, board, or entity of the State of South Dakota may issue, renew, or allow an individual to maintain any motor vehicle, motorcycle, or boat registration, driver license, hunting license, fishing license, state park permit, or camping permit, after receiving notice from t…
SDCL § 1-55-13 Payments due debtor subject to offset against debt referred to center
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Unless preempted by other law, any payment of any kind to be made to a debtor by the State of South Dakota or any referring entity, when the debtor has a debt that is referred to the center, is subject to offset by the center unless the debt and cost recovery fee is either paid i…
SDCL § 1-55-14 Debt referral to collection agency--Promulgation of rules
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At such time as the center determines is appropriate, the center may forward the debt to a collection agency or agencies for collection for a period of no less than one year or as otherwise stipulated in the contract between the center and the collection agency. The debt collecti…
SDCL § 1-55-15 Promulgation of rules
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The Bureau of Human Resources and Administration may promulgate rules, pursuant to chapter 1-26 , in the following areas: (1) Definitions; (2) Procedure for remitting moneys collected to referring entities; (3) Processes and procedures for entering into payment agreements with de…
SDCL § 1-55-16 Annual report to Government Operations and Audit Committee
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The center shall annually report after conclusion of the prior fiscal year to the Government Operations and Audit Committee concerning the activity of the center including the number of debts referred to the entity, the annual amount and nature of the debt obligations recovered b…
SDCL § 1-55-17 Repealed by SL 2015, ch 14 , § 17, eff
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June 30, 2017.
SDCL § 1-55-2 Obligation recovery center created
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There is hereby created the obligation recovery center, which is attached to the Bureau of Human Resources and Administration for budgeting and reporting purposes. The center is a central repository for identification, registration, oversight, and collection of debts owed to any …
SDCL § 1-55-3 Collection of bad debts
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The center shall work to collect each bad debt referred to the center during the account receivable cycle. The character of the debt in the hands of the referring entity does not change by the referral of the debt to the center for collection. Among other powers granted by this c…
SDCL § 1-55-4 Cost recovery fees
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For any bad debt referred to the center for collection after July 1, 2015, the center shall collect a cost recovery fee in addition to the debt referred to the center for collection. The cost recovery fee is calculated by multiplying the principal amount of the debt referred to t…
SDCL § 1-55-5 Transfer of recovered moneys to referring entity--Proration of insufficient amounts--Order of debt collection
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The center shall transfer any other moneys collected from a debtor to the referring entity within thirty days after the end of the month in which the moneys were collected. If the amount collected is less than the principal amount of the debt referred to the center and the cost r…
SDCL § 1-55-6 Use during account receivable cycle
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The center may be used during the account receivable cycle by: (1) Any agency of the state to collect bad debt owed to the agency; (2) The Unified Judicial System to collect any costs, fines, fees, or restitution, constituting final debt, ordered in any adult criminal proceeding;…
SDCL § 1-55-7 Final notification to debtor by referring entity
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Prior to transferring any debt to the center for collection, the referring entity shall provide a final notification to the debtor that the debt will be referred to the center for collection. The final notification to the debtor may be sent by regular mail or by electronic means.…
SDCL § 1-55-8 Confidentiality of records--Exceptions
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All data, records, and files utilized for debt collection as provided for in this chapter shall be confidential and privileged, and no person may divulge or disclose any information obtained from such records and files except in the administration and enforcement of this chapter,…
SDCL § 1-55-9 Collection and use of data
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The center may collect data for purposes of collecting any debt referred to the center. Notwithstanding any law to the contrary, referring entities are authorized to transmit data to the center deemed necessary by the center to aid in the collection of the referred debt and the c…