For the answer or initial responsive pleading in a circuit court proceeding not subject to § 16-2-58.1, the clerk of courts shall collect the sum of twenty-five dollars as a commission on equal access to our courts surcharge. The clerk shall collect the surcharge in the manner in which other fees are collected. The surcharge may not be collected in any civil action or proceeding:

1. (1) For forcible entry and detainer;
2. (2) Wherein the responding party is the state, county, a municipality, or a school district; or
3. (3) If the responding party is receiving assistance benefits under title 28. The responsive surcharge may be waived pursuant to the provisions of §§ 16-2-29.2 and 16-2-29.3.

Source: SL 2017, ch 91 , § 3; SL 2026, ch 93 , § 1.