S.D. Codified Laws § 37-31-3 — SD Code / Title 37 / Chapter 31 / Section 37-31-3
Repair of nonconforming devices--Reimbursement by manufacturer--Failure to repair
Status: in_force

If a new assistive device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive device lessor, or any of the manufacturer's authorized assistive device dealers and makes the assistive device available for repair before one year after delivery of the assistive device to a consumer, the nonconformity shall be repaired as required by this chapter at no charge to the consumer. If the manufacturer has authorized the dealer or the lessor to make the repair, the dealer or lessor shall be reimbursed by the manufacturer for the dealer's or lessor's cost for the repair. If, after a reasonable attempt to repair the device, the nonconformity is not repaired, the manufacturer, at the direction of a consumer described under subsection 37-31-1(5)(a), (5)(b), or (5)(c), shall do one of the following:

(1) Accept return of the assistive device; replace the assistive device with a new assistive device of comparable quality, size, and function; and refund any collateral costs;

(2) Accept return of the assistive device and refund to the consumer and to any holder of a perfected security interest in the consumer's assistive device or any third party who purchased the assistive device, as their interest may appear, the full purchase price plus any finance charge, sales tax, shipping costs, and collateral costs paid by the consumer at the point of sale, less a reasonable allowance for use. A reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the assistive device by a fraction, the denominator of which is one thousand ninety - five and the numerator of which is the number of days that the assistive device was used before the consumer first reported the nonconformity to the assistive device dealer;

(3) If the assistive device is leased, accept return of the assistive device, refund to the assistive device lessor and to any holder of a perfected security interest in the assistive device the current value of the written lease and refund to the consumer or third party the amount that the consumer or third party paid under the written lease, plus any collateral costs, less a reasonable allowance for use. The current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the assistive device dealer's early termination costs and the value of the assistive device at the lease expiration date if the lease sets forth that value, less the lessor's early termination savings. A reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is one thousand ninety - five and the numerator of which is the number of days that the assistive device was used before the consumer first reported the nonconformity to the assistive device dealer, lessor, or manufacturer.

Source: SL 1996, ch 242, § 3.
S.D. Codified Laws § 37-35-2 — SD Code / Title 37 / Chapter 35 / Section 37-35-2
Firearms, firearm accessories, and ammunition manufactured and retained in state declared exempt from federal regulation
Status: in_force

Any firearm, firearm accessory, or ammunition that is manufactured commercially or privately in South Dakota and that remains within the borders of South Dakota is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce. It is declared by the Legislature that those items have not traveled in interstate commerce. This section applies to any firearm, firearm accessory, and ammunition that is manufactured in South Dakota from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. Any generic and insignificant part that has other manufacturing or consumer product application is not a firearm, firearm accessory, or ammunition, and importation of such parts into South Dakota and incorporation into a firearm, a firearm accessory, or ammunition manufactured in South Dakota does not subject the firearm, firearm accessory, or ammunition to federal regulation. It is declared by the Legislature that any basic material, such as unmachined steel and unshaped wood, is not a firearm, firearm accessory, or ammunition and is not subject to congressional authority to regulate any firearm, firearm accessory, or ammunition under interstate commerce as if it was actually a firearm, firearm accessory, or ammunition. The authority of Congress to regulate interstate commerce in basic material does not include authority to regulate any firearm, firearm accessory, or ammunition made in South Dakota from such basic material. Any firearm accessory that is imported into South Dakota from another state and that is subject to federal regulation as being in interstate commerce does not subject a firearm to federal regulation under interstate commerce because it is attached to or used in conjunction with a firearm in South Dakota.

Source: SL 2010, ch 198, § 2.
S.D. Codified Laws § 37-33-6 — SD Code / Title 37 / Chapter 33 / Section 37-33-6
"Inventory loading" defined
Status: in_force

For the purposes of §§ 37-33-1 to 37-33-11 , inclusive, the term, inventory loading, means that the plan or operation requires or encourages its independent salespersons to purchase inventory in an amount, which exceeds that which the salesperson can expect to resell for ultimate consumption or to consume in a reasonable time period, or both.

Source: SL 2003, ch 213, § 6.
S.D. Codified Laws § 37-5-19 — SD Code / Title 37 / Chapter 5 / Section 37-5-19
Civil action for violation of chapter
Status: in_force

Any dealer, as defined in § 37-5-12.1 or subdivision 37-5-13(1), whose business or property is injured by a violation of this chapter may bring a civil action to recover all court costs and reasonable attorney's fees in addition to all other remedies of law.

Source: SL 2012, ch 197, § 1.
S.D. Codified Laws § 37-30-25 — SD Code / Title 37 / Chapter 30 / Section 37-30-25
Registration as to intended use of automatic telephone dialing system--Failure to comply as misdemeanor
Status: in_force

Any person intending to use an automatic telephone dialing system for a telephone solicitation in this state shall, at least ten business days prior to using the system, register with the public utilities commission, on forms prescribed by him, the following information:

(1) Name of the registrant;

(2) Telephone number of the registrant;

(3) Address of the registrant;

(4) Name under which the registrant is doing or intends to do business;

(5) Complete street addresses of all locations from which the registrant will be conducting business; and

(6) Nature of the solicitation.

A violation of this section is a Class 2 misdemeanor.

Source: SL 1991, ch 322, § 3.
S.D. Codified Laws § 37-24-25 — SD Code / Title 37 / Chapter 24 / Section 37-24-25
Venue of actions for injunction--Relief granted
Status: in_force

An action under § 37-24-23 may be brought in the circuit court for the county in which the alleged violator resides or has his place of business or in the circuit court for Hughes County, South Dakota. The said courts are authorized to issue temporary or permanent injunctions to restrain and prevent violations of this chapter.

Source: SL 1971, ch 218, § 5; SL 1978, ch 155, § 23.
S.D. Codified Laws § 37-11-4 — SD Code / Title 37 / Chapter 11 / Section 37-11-4
Liability of persons interested in business
Status: in_force

All persons interested in a business described in § 37-11-1 at any time shall be at all times liable for any contracts or obligations incurred while they were so interested.

Source: SDC 1939, § 49.0801; SL 2017, ch 178, § 1.
S.D. Codified Laws § 37-6-16 — SD Code / Title 37 / Chapter 6 / Section 37-6-16
Civil liability for damages from fraudulent mark registration
Status: in_force

Any person who shall for himself, or on behalf of any other person, procure the filing or registration of a mark in the Office of the Secretary of State under the provisions of § 37-6-5 or 37-6-13 , by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction.

Source: SL 1955, ch 232, § 10; SDC Supp 1960, § 51.0910; SL 1980, ch 264, § 13.
S.D. Codified Laws § 37-5B-20 — SD Code / Title 37 / Chapter 5B / Section 37-5B-20
Burden of proof
Status: in_force

In any proceeding under this chapter the burden of proving an exemption is upon the person claiming it.

Source: SL 2008, ch 203, § 20.
S.D. Codified Laws § 37-1-11 — SD Code / Title 37 / Chapter 1 / Section 37-1-11
Criminal proceedings instituted by attorney general
Status: in_force

The provisions of § 37-1-10 shall not be construed in any manner to prevent the attorney general of this state from making a complaint in any court of competent jurisdiction for any violation of the provisions of this chapter and prosecuting the same in the same manner and with the same powers as therein provided for state's attorneys.

Source: SDC 1939, § 13.1807.
S.D. Codified Laws § 37-1-7 — SD Code / Title 37 / Chapter 1 / Section 37-1-7
Unlawful discrimination in buying or selling as felony
Status: in_force

Any person violating the statutes against discrimination in buying or selling is guilty of a Class 6 felony.

Source: SDC 1939, § 13.1805; SL 1977, ch 190, § 209; SL 1977, ch 305, § 14.
S.D. Codified Laws § 37-30-16 — SD Code / Title 37 / Chapter 30 / Section 37-30-16
Prior conviction of felony or certain misdemeanors precludes operation as solicitor
Status: in_force

No person may act as a paid solicitor if such person, any officer or director thereof, any person with a controlling interest therein, or any person the paid solicitor employs, engages or procures to solicit for compensation, has been convicted by a court of any state or the United States of any felony, or of any misdemeanor involving dishonesty or arising from the conduct of a solicitation for a charitable organization or purpose. Any denial, suspension or revocation of the registration of a paid solicitor based on a violation of this section shall be made in accordance with the provisions of chapter 1-26 .

Source: SL 1990, ch 314, § 16.
S.D. Codified Laws § 37-2-31 — SD Code / Title 37 / Chapter 2 / Section 37-2-31
Declaration of oxygenate for labeling purposes
Status: in_force

The distributor or supplier shall provide the retailer or distributor at the time of delivery of any gasoline, on an invoice, bill of lading, shipping paper, or other documentation a declaration of any oxygenate or combination of oxygenates present in a concentration of two percent or more by volume in the gasoline. This documentation is only for dispenser labeling purposes; any potential blender shall determine the total oxygen content of the gasoline before blending.

Source: SL 1993, ch 298, § 2.
S.D. Codified Laws § 37-21A-6 — SD Code / Title 37 / Chapter 21A / Section 37-21A-6
Forms for reporting devices placed in service by agency--Distribution of copies of report
Status: in_force

The director shall furnish each registered service agent and registered service agency with a supply of report forms in hard copy or electronic form to be known as a placed in service report, which may be submitted as follows:

(1) To submit a form in hard copy, the form shall be executed in triplicate, shall include the assigned registration number, and shall be signed by a registered service agent or by a service agent representing a registered agency for each rejected or inoperative device restored to service and for each newly installed device placed in service. Within seven days after a device is restored to service, or placed in service, the original of the properly executed placed in service report, together with any official rejection tag removed from the device, shall be mailed to the Office of Weights and Measures. The duplicate copy of the report shall be handed to the owner or operator of the device, and the triplicate copy of the report shall be retained by the registered service agent or agency; or

(2) To submit a form electronically, the form shall include the assigned registration number, and shall be signed by a registered service agent or by a service agent representing a registered agency for each rejected or inoperative device restored to service and for each newly installed device placed in service. Within seven days after a device is restored to service, or placed in service, the original of the properly executed placed in service report, together with any official rejection tag removed from the device, shall be e-mailed to the Office of Weights and Measures. The placed in service report shall also be e-mailed to the owner or operator of the device, and a copy of the report shall be retained by the registered service agent or agency. An electronic copy of the placed in service report may be submitted to the director, kept for record purposes, and provided to the device owner or operator in lieu of hard copies only if the owner or operator agrees.

Source: SL 1973, ch 257, § 7; SL 2006, ch 187, § 19; SL 2013, ch 189, § 2.
S.D. Codified Laws § 37-29-8 — SD Code / Title 37 / Chapter 29 / Section 37-29-8
Uniformity of application and construction
Status: in_force

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

Source: SL 1988, ch 354, § 8.
S.D. Codified Laws § 37-1-11.1 — SD Code / Title 37 / Chapter 1 / Section 37-1-11.1
Demand by attorney general to produce evidence relating to violations--Service--Contents
Status: in_force

If the attorney general has reasonable cause to believe that a person has information or is in possession, custody, or control of any document or other tangible object relevant to an investigation for violation of this chapter, he may serve upon the person, before bringing any action in circuit court, a written demand to appear and be examined under oath, to answer written interrogatories under oath, and to produce the document or object for inspection and copying. The demand shall:

(1) Be served upon the person in the manner required for service of process in this State or by registered or certified mail;

(2) Describe the nature of the conduct constituting the violation under investigation;

(3) Describe the class or classes of documents or objects with sufficient definiteness to permit it to be fairly identified;

(4) Contain a copy of the written interrogatories;

(5) Prescribe a reasonable time at which the person must appear to testify, within which to answer the written interrogatories, and within which the document or object must be produced, and advise the person that objections to or reasons for not complying with the demand may be filed with the attorney general on or before that time;

(6) Specify a place for the taking of testimony or for production and designate a person who shall be custodian of the document or object; and

(7) Contain a copy of § 37-1-11.2 .

Source: SL 1977, ch 305, § 6.
S.D. Codified Laws § 37-6-17 — SD Code / Title 37 / Chapter 6 / Section 37-6-17
Assignment of mark and registration with good will--Recording and new certificate--Fee--Validity of assignment against subsequent purchaser
Status: in_force

A mark and its registration under § 37-6-13 is assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment shall be by instruments in writing duly executed and may be recorded with the secretary of state upon the payment of a fee of one hundred twenty-five dollars payable to the secretary of state. Upon recording of the assignment, the secretary of state shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under § 37-6-13 is void as against any subsequent purchaser for valuable consideration without notice unless it is recorded with the secretary of state within three months after the date thereof or prior to the subsequent purchase.

Source: SL 1955, ch 232, § 6; SDC Supp 1960, § 51.0906; SL 1980, ch 264, § 14; SL 1997, ch 141, § 4; SL 2003, ch 8, § 9; SL 2009, ch 4, § 9.
S.D. Codified Laws § 37-36-9 — SD Code / Title 37 / Chapter 36 / Section 37-36-9
Exempt demand letters
Status: in_force

This chapter does not apply to any demand letter sent by:

(1) Any corporation traded on a public stock exchange or any entity owned or controlled by such corporation;

(2) Any owner of the patent who is using the patent in connection with the production, manufacturing, processing, or delivery of products or materials;

(3) Any institution of higher education as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001) as of January 1, 2014; or

(4) Any technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by an institution of higher education.

Source: SL 2014, ch 192, § 9.
S.D. Codified Laws § 37-30-13 — SD Code / Title 37 / Chapter 30 / Section 37-30-13
Where solicitor sells tickets to an event--Record keeping requirements--Contents of records--Failure to comply as misdemeanor
Status: in_force

If a paid solicitor sells tickets to an event and represents that tickets will be donated for use by another, the paid solicitor shall maintain, for not less than three years after the completion of such event, the following records, which shall be available to the attorney general for inspection upon request:

(1) The name and address of contributors donating tickets and the number of tickets donated by each contributor; and

(2) The name and address of all organizations receiving donated tickets for use by others, including the number of tickets received by each organization.

Any paid solicitor who fails to keep records as provided by this section is guilty of a Class 2 misdemeanor.

Source: SL 1990, ch 314, § 13.
S.D. Codified Laws § 37-22-18 — SD Code / Title 37 / Chapter 22 / Section 37-22-18
Variance from rules or specifications governing scale--Promulgation of rules
Status: in_force

The secretary may grant a variance, upon request from a scale owner or operator, to any rules or specifications governing the scale except those specifying a tolerance or the value of a minimum division. The owner or operator shall demonstrate the variance is needed due to economic unfeasibility or impossibility of conformance with specifications. The variance shall be consistent with good commercial practices in South Dakota and, under normal circumstances, the weighing equipment shall remain accurate and reliable and the variance may not harm the owner, operator, or any customer. The secretary shall, pursuant to chapter 1-26 , promulgate rules for the application process and criteria to be used in granting or rejecting a variance.

Source: SL 2006, ch 187, § 29; SL 2016, ch 183, § 53.
S.D. Codified Laws § 37-30-5 — SD Code / Title 37 / Chapter 30 / Section 37-30-5
Applicant must file bond--Requirements as to bond--Failure to provide bond as misdemeanor
Status: in_force

An applicant for registration or for a renewal of registration as a paid solicitor shall, at the time of making such application, file with and have approved by the attorney general a bond from a surety company qualified to do business in the state. The bond shall be for the sum of twenty thousand dollars if the applicant would be collecting contributions solicited or otherwise having physical access to such contributions. The bond shall be for the sum of ten thousand dollars if the applicant would only be soliciting contributions and not be collecting or otherwise having physical access to such contributions. Registration of any additional solicitation campaigns during the paid solicitor's registration period does not require any additional bond. The paid solicitor shall maintain the bond in effect as long as the registration is in effect. The bond shall run to the state and to any person who may have a cause of action against the principal obligor of the bond for any liabilities resulting from the obligor's conduct of any activities subject to the provisions of this chapter, or arising out of a violation of this chapter or any rules adopted pursuant to this chapter. Any paid solicitor who fails to provide a bond as provided by this section is guilty of a Class 2 misdemeanor.

Source: SL 1990, ch 314, § 5.
S.D. Codified Laws § 37-20-2 — SD Code / Title 37 / Chapter 20 / Section 37-20-2
Preservation and safeguarding of state standards--Record of standards--Use to test duplicate standards
Status: in_force

The secretary shall take charge of the standards adopted by this chapter as the reference standards of the state and take necessary precautions for the safekeeping of the standards. The standards shall be kept in a fireproof building controlled by the state from which the standards may not be removed except for repairs or calibrations. The secretary shall maintain the state reference standards in good order. The secretary shall keep a complete record of the standards, balances, and other apparatus belonging to the state. The state reference standards may only be used for testing any duplicate standards that may be required in the enforcement of chapters 37-20 to 37-22 , inclusive.

Source: SDC 1939, § 63.0201; SL 1982, ch 278, § 1; SL 1996, ch 320 (Ex. Ord. 96-1), §§ 19, 20; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2006, ch 187, § 4; SL 2016, ch 183, § 16.
S.D. Codified Laws § 37-25A-48 — SD Code / Title 37 / Chapter 25A / Section 37-25A-48
Civil liability for registration violations
Status: in_force

Any person who violates §§ 37-25A-7 to 37-25A-9 , inclusive, 37-25A-14 , 37-25A-16 , 37-25A-23 , and 37-25A-24 is liable to the purchaser who may sue either at law or in equity for rescission, for recovery of all money or other valuable consideration paid for the business opportunity and for actual damages, together with interest at the legal rate from the date of sale, reasonable attorney's fees and court costs.

Source: SL 1985, ch 305, § 48.
S.D. Codified Laws § 37-31-2 — SD Code / Title 37 / Chapter 31 / Section 37-31-2
Manufacturer's warranty--Duration
Status: in_force

A manufacturer who sells or leases an assistive device to a consumer, either directly or through an assistive device dealer, shall furnish the consumer with an express warranty for the assistive device. The duration of the express warranty may not be less than one year after first delivery of the assistive device to the consumer.

In the absence of an express warranty from the manufacturer, the manufacturer is deemed to have expressly warranted to the consumer of an assistive device that, for a period of one year from the date of first delivery to the consumer, the assistive device will be free from any condition or defect which substantially impairs the value of the assistive device to the consumer.

Source: SL 1996, ch 242, § 2.
S.D. Codified Laws § 37-5B-49 — SD Code / Title 37 / Chapter 5B / Section 37-5B-49
Civil damages or rescission
Status: in_force

A person who violates any provision of this chapter or any rule or order thereunder is liable to the franchisee for actual damages, costs, and attorneys and experts fees. In the case of a violation of §§ 37-5B-4 , 37-5B-7 to 37-5B-9 , inclusive, or 37-5B-17 , the franchisee may also sue for rescission. No person is liable under this section if the defendant proves that the plaintiff affirmed the transaction with knowledge of the facts concerning the violation.

Each person who directly or indirectly controls a person liable under this section, each principal executive officer or director of a person so liable, each person occupying a similar status or performing similar functions, and each agent, employee of a person so liable, who materially aids in the act or transaction constituting the violation, is also liable jointly and severally with and to the same extent as such person, unless the person liable proves that he or she did not know, and in the exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist.

In any suit authorized by this section, other relief may be awarded as the court deems appropriate and the court may in its discretion, if the circumstances are sufficiently egregious, increase the award of damages to an amount not to exceed three times the actual damage sustained.

Except as explicitly provided in this section, no civil liability in favor of any private party may arise against any person by implication from or as a result of the violation of any provision of this chapter or any rule or order thereunder. Nothing in this section limits any liability which would exist by virtue of any other statute or under common law if this chapter were not in effect.

Source: SL 2008, ch 203, § 49.
S.D. Codified Laws § 37-25A-36 — SD Code / Title 37 / Chapter 25A / Section 37-25A-36
Interpretive opinions by director--Fee
Status: in_force

The director of the Division of Insurance may honor written requests from interested persons for interpretative opinions upon the payment of twenty-five dollars.

Source: SL 1985, ch 305, § 36; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-24-18 — SD Code / Title 37 / Chapter 24 / Section 37-24-18
Information disclosed only as necessary for enforcement
Status: in_force

Information obtained pursuant to the powers conferred by this chapter may not be made public or disclosed by the attorney general or his employees beyond the extent necessary for law enforcement purposes in the public interest.

Source: SL 1971, ch 218, § 11; SL 1987, ch 29, § 48.
S.D. Codified Laws § 37-25A-22 — SD Code / Title 37 / Chapter 25A / Section 37-25A-22
Vacation or modification of orders--Grounds
Status: in_force

The director of the Division of Insurance may vacate or modify an order issued under this chapter if the director finds that the conditions which prompted its entry have changed or that it is otherwise in the public interest to do so.

Source: SL 1985, ch 305, § 22; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-1-23 — SD Code / Title 37 / Chapter 1 / Section 37-1-23
Action by state as parens patriae--Circuit court jurisdiction--Monetary relief
Status: in_force

The attorney general may bring a civil action in the name of the state, as parens patriae on behalf of the natural persons residing in the state, in circuit court, to secure monetary relief as provided in this section for injury sustained by such natural persons to their property by reason of any violation of this chapter.

Source: SL 1980, ch 259, § 2.
S.D. Codified Laws § 37-2-44 — SD Code / Title 37 / Chapter 2 / Section 37-2-44
Minimum octane rating grades of petroleum in certain counties
Status: in_force

In general conformity with ASTM D4814 and the adoption of NIST Handbook 130, 2020, in rules promulgated pursuant to this chapter, the minimum (R+M)/2 octane rating grades of petroleum products, as defined by subdivision 37-2-5 (10) in the counties of Butte, Custer, Fall River, Harding, Lawrence, Meade, Oglala Lakota, Pennington, and Perkins shall be no less than the following:

(1) Regular, unleaded, regular unleaded 85;

(2) Midgrade, plus, or super unleaded 87, 88, 89, or 90; and

(3) Premium, supreme, high test unleaded 91.

Source: SL 2013, ch 187, § 6, eff. Mar. 6, 2013; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015; SL 2016, ch 183, § 15; SL 2020, ch 170, § 7.
S.D. Codified Laws § 37-28-2 — SD Code / Title 37 / Chapter 28 / Section 37-28-2
Application to establish foreign trade zone
Status: in_force

Any public or private corporation may apply to the proper authorities of the United States for a grant of privilege authorizing the establishment, operation and maintenance of foreign trade zones and foreign trade subzones, and the establishment, operation and maintenance of such zones, all in accordance with the act of Congress and other applicable laws and rules.

Source: SL 1984, ch 261, § 2.
S.D. Codified Laws § 37-25A-28 — SD Code / Title 37 / Chapter 25A / Section 37-25A-28
Enforcement of subpoena
Status: in_force

If any person refuses to obey a subpoena issued pursuant to § 37-25A-27 , the circuit court upon application by the director of the Division of Insurance, may issue an order requiring such person to comply with the subpoena.

Source: SL 1985, ch 305, § 28; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-26-1 — SD Code / Title 37 / Chapter 26 / Section 37-26-1
Definition of terms
Status: in_force

Terms used throughout this chapter unless the context plainly requires otherwise shall mean:

(1) "Buying club," any corporation, partnership, unincorporated association, or other business enterprise organized with the primary purpose of providing benefits to members from the cooperative purchase of services or merchandise;

(2) "Club," any buying club;

(3) "Contract," any written agreement by which one becomes a member of a club;

(4) "Member," any status by which any natural person is entitled to any of the benefits of a club;

(5) "Prepayment," any payment greater than twenty - five dollars for service, merchandise or membership made before the service is rendered. Money received by a club from a financial institution upon assignment of a contract shall be considered prepayment when and to the extent the member is required to make prepayments to the financial institution pursuant to the contract.

Source: SL 1975, ch 246, § 1.
S.D. Codified Laws § 37-24-20 — SD Code / Title 37 / Chapter 24 / Section 37-24-20
Form and contents of assurance of voluntary compliance--Approval by circuit court
Status: in_force

Any such assurance shall be in writing and be subject to the approval of the circuit court for the county in which the alleged violator resides or has his principal place of business or the circuit court for Hughes County, South Dakota. Such assurance may include a stipulation for the voluntary payment by the alleged violator of the costs of investigation and any action or proceeding by the attorney general, and any amount or amounts necessary to restore to any person any moneys or property which may have been acquired by such alleged violator by means of any such act or practice.

Source: SL 1971, ch 218, § 9; SL 1987, ch 29, § 50.
S.D. Codified Laws § 37-24-10 — SD Code / Title 37 / Chapter 24 / Section 37-24-10
Lawful practices unaffected by chapter
Status: in_force

Nothing in this chapter applies to acts or practices required or permitted by or in accord with laws of this state or the United States or under rules, regulations, sub-regulatory policy, or decisions interpreting the same.

Source: SL 1971, ch 218, § 4 (a) (2); SL 2014, ch 191, § 11.
S.D. Codified Laws § 37-24-34 — SD Code / Title 37 / Chapter 24 / Section 37-24-34
Chapter not retroactive
Status: in_force

This chapter does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before July 1, 1971.

Source: SL 1971, ch 218, § 17.
S.D. Codified Laws § 37-5B-12 — SD Code / Title 37 / Chapter 5B / Section 37-5B-12
Exemptions from chapter
Status: in_force

The following are exempt from this chapter:

(1) Any franchise relationship covered by the Petroleum Marketing Practices Act, 15 U.S.C. 2801, as of January 1, 2008;

(2) Any franchise relationship where there is no written document that describes any material term or aspect of the relationship or arrangement;

(3) Any fractional franchise;

(4) Any leased department;

(5) The total of the required payments, or commitments to make a required payment, to the franchisor or an affiliate that are made any time from before to within six months after commencing operation of the franchisee's business is less than five hundred dollars;

(6) Any franchise relationship covering farm machinery, motor vehicles, or recreational vehicles, including snowmobiles, motorcycles, motor homes, mobile homes, and manufactured homes.

Source: SL 2008, ch 203, § 12.
S.D. Codified Laws § 37-2-5 — SD Code / Title 37 / Chapter 2 / Section 37-2-5
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Alcohol," a colorless volatile flammable liquid containing no more than 1.25 percent of water used for the purpose of blending or mixing with gasoline for use in motor vehicles and commonly known as alcohol, ethanol, or methanol;

(2) "ASTM," the American Society for Testing and Materials;

(3) "Aviation gasoline," a volatile hydrocarbon fuel free from suspended water and sediment matter and that is suitable for use as a fuel in an aviation spark ignition internal combustion engine designed for use in an aircraft;

(3A) "Biodiesel," a fuel comprised of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats, designated B100, and meeting the requirements of the American Society of Testing and Materials D 6751 as of January 1, 2020, and is registered with the United States Environmental Protection Agency as a fuel and fuel additive under section 211(b) of the Clean Air Act in effect on January 1, 2020;

(3B) "Biodiesel blend," a special blended fuel comprised of at least two percent by volume of biodiesel blended with petroleum-based diesel fuel, designated BXX. In the abbreviation BXX, the XX represents the volume percentage of biodiesel fuel in the blend;

(4) "Department," the Department of Public Safety;

(5) "Diesel fuel," a refined middle distillate hydrocarbon fuel free from suspended water and sediment matter that is suitable for use as a fuel in a compression-ignition (diesel) internal combustion engine;

(5A) "Ether," methyl tertiary butyl ether;

(6) "Flash test" and "flash point," the flash point as determined by the method of the American Society for Testing Materials, using the instrument known as the Tagliabue closed cup tester;

(7) "Gasoline," a volatile hydrocarbon fuel free from suspended water and sediment matter that is practicable and suitable used as fuel in a spark ignition internal combustion engine;

(8) "Inspector," the secretary or any deputy or assistant appointed by the secretary for the purpose of enforcing the provisions of this chapter;

(9) "Kerosene," a hydrocarbon fuel intended for use in heating and illumination and having an American Petroleum Institute gravity of not less than forty degrees. Kerosene shall also include coal oil and burner oil;

(9A) "NIST," the National Institute of Standards and Technology;

(10) "Petroleum products," gasoline, alcohol blended fuels, kerosene, diesel fuel, aviation gasoline, burner oil, naphtha and lubricating oils;

(11) "Secretary," the secretary of the Department of Public Safety.

Source: SDC 1939, § 22.1506(1), (4), (5); SL 1951, ch 107; SL 1953, ch 95, § 1; SDCL § 39-21-1; SL 1969, ch 91, § 3; SL 1973, ch 2, § 54; SL 1985, ch 302, § 1; SL 2000, ch 200, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 20; SL 2005, ch 207, § 1; SL 2006, ch 202, § 1; SL 2016, ch 183, § 8; SL 2020, ch 170, § 1.
S.D. Codified Laws § 37-5B-43 — SD Code / Title 37 / Chapter 5B / Section 37-5B-43
Civil penalty
Status: in_force

The director may impose a civil penalty against a person named in an order issued pursuant to subdivisions (1) to (3), inclusive, and subdivision 37-5B-41(6). The amount of the civil penalty may not exceed five thousand dollars for each act or omission that constitutes the basis for issuing the order. The civil penalty may only be imposed:

(1) Following an opportunity for a hearing pursuant to § 37-5B-44 if the notice delivered to all named persons includes notice of the director's authority to impose a civil penalty under this section; or

(2) As part of an order issued pursuant to subdivisions (1) to (3), inclusive and subdivision 37-5B-41(6), if the order is stipulated to by each person subject to the civil penalty.

Any civil penalty collected pursuant to this section shall be deposited into the state general fund.

Source: SL 2008, ch 203, § 43.
S.D. Codified Laws § 37-11-2 — SD Code / Title 37 / Chapter 11 / Section 37-11-2
Statement filed on change in ownership of business--Fee
Status: in_force

A verified statement as described in § 37-11-1 shall be similarly filed upon any change of twenty-five percent or more of the ownership interest in the business. A fee of ten dollars shall be paid with each filing under this section. The fee shall be deposited into the financing statement and annual report filing fee fund.

Source: SDC 1939, § 49.0801; SL 1974, ch 55, § 39; SL 1975, ch 242, § 2; SL 1999, ch 33, § 3; SL 2004, ch 256, § 2; SL 2016, ch 2, § 10.
S.D. Codified Laws § 37-22A-4 — SD Code / Title 37 / Chapter 22A / Section 37-22A-4
Correction of errors in scale tickets
Status: in_force

In case of error of the weighmaster in preparing a scale ticket, the weighmaster shall prepare a corrected ticket showing the correction made and stating on the back of the ticket the reason for the change. If an error in the preparation of the ticket, other than the weight, due to misinformation furnished to the weighmaster by the person having a vehicle weighed, the weighmaster upon request of the person shall issue another ticket bearing the appropriate correction or a correction slip which shows any change made on the back of the ticket and the reason for the change. Before the correction ticket or slip is issued the weighmaster shall require the person requesting the change to sign the ticket or slip. The correction ticket or slip shall be attached to the original ticket, bear the same serial number, and show on its face that it is a correction ticket or slip.

Source: SL 1970, ch 221, § 3; SL 2016, ch 183, § 55.
S.D. Codified Laws § 37-2-39 — SD Code / Title 37 / Chapter 2 / Section 37-2-39
Labeling of motor fuel at retail fuel pump
Status: in_force

Each retail fuel pump shall identify conspicuously the type of fuel product, the particular grade of the fuel product, and the applicable automotive fuel rating of the fuel to be dispensed. Any 85 octane product shall be conspicuously identified with a decal that states: "May not be suitable for all engines. Refer to owner's manual before fueling."

Source: SL 2013, ch 187, § 1, eff. Mar. 6, 2013.
S.D. Codified Laws § 37-21-16 — SD Code / Title 37 / Chapter 21 / Section 37-21-16
Access to premises and stopping of vendors or dealers for testing purposes
Status: in_force

The secretary may for the purposes mentioned in § 37-21-15 , and in the general performance of official duties, enter and go into or upon, without formal warrant, any stand, place, building, or premises, or stop any vendor or any dealer for the purpose of making proper tests.

Source: SDC 1939, § 63.0103; SL 2004, ch 17, § 255; SL 2006, ch 187, § 14; SL 2016, ch 183, § 30.
S.D. Codified Laws § 37-24-61 — SD Code / Title 37 / Chapter 24 / Section 37-24-61
Genetic material protection--Revocation of consent
Status: in_force

If a consumer revokes consent pursuant to § 37-24-60 , the company must honor the consumer's revocation of consent within thirty days. If a consumer revokes consent to store the consumer's biological sample, the company must destroy the consumer's biological sample within thirty days of receiving the consumer's revocation of consent.

Source: SL 2026, ch 164, § 3.
S.D. Codified Laws § 37-6-22 — SD Code / Title 37 / Chapter 6 / Section 37-6-22
Public record of registered marks
Status: in_force

The secretary of state shall keep for public examination a record of all marks registered or renewed under §§ 37-6-13 and 37-6-14 .

Source: SL 1955, ch 232, § 7; SDC Supp 1960, § 51.0907; SL 1980, ch 264, § 16.
S.D. Codified Laws § 37-35-1 — SD Code / Title 37 / Chapter 35 / Section 37-35-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Firearm accessory," any item that is used in conjunction with or mounted upon a firearm but is not essential to the basic function of a firearm, including any telescopic or laser sight, magazine, flash or sound suppressor, folding or aftermarket stock and grip, speed loader, ammunition carrier, or light for target illumination;

(2) "Generic and insignificant part," any firearm part, including a spring, screw, nut, and pin;

(3) "Manufactured," any firearm, firearm accessory, or ammunition which has been created from basic materials for functional usefulness, including forging, casting, machining, or other processes for working materials.

Source: SL 2010, ch 198, § 1.
S.D. Codified Laws § 37-21A-11 — SD Code / Title 37 / Chapter 21A / Section 37-21A-11
Rules and regulations
Status: in_force

The secretary of the Department of Public Safety shall promulgate rules pursuant to chapter 1-26 in the following areas to enforce the provisions of this chapter:

(1) To establish the required equipment and standards registered service agencies must have in order to service and install weighing and measuring devices in South Dakota;

(2) To establish the process by which the division may deny, suspend, or revoke a service agency or agent's registration; and

(3) To establish requirements for service agent registration which may include creating or adopting a test which service agents must pass before registration will be granted.

Source: SL 1973, ch 257, § 11; SL 1986, ch 22, § 10; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2006, ch 187, § 23.
S.D. Codified Laws § 37-21A-2 — SD Code / Title 37 / Chapter 21A / Section 37-21A-2
Application for registration to service weighing or measuring devices--Evidence of qualifications
Status: in_force

Any person may apply for voluntary registration to service weighing or measuring devices on an application form supplied by the department. The applicant shall submit a form, duly signed and witnessed, certifying that the applicant is fully qualified to install, service, repair, or recondition the weighing and measuring devices. The applicant shall certify that the applicant has the necessary testing equipment and standards and knowledge of all appropriate weights and measures laws and regulations. An applicant also shall submit appropriate evidence or references demonstrating the qualifications of the applicant.

Source: SL 1973, ch 257, § 4; SL 2016, ch 183, § 34.
S.D. Codified Laws § 37-25A-43 — SD Code / Title 37 / Chapter 25A / Section 37-25A-43
Fraud, deceit, and misleading statements and omissions prohibited in connection with offer or sale
Status: in_force

No person, in connection with the offer or sale of any business opportunity in this state, may:

(1) Employ any device, scheme, or artifice to defraud;

(2) Make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or

(3) Engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.

Source: SL 1985, ch 305, § 43.
S.D. Codified Laws § 37-22-12 — SD Code / Title 37 / Chapter 22 / Section 37-22-12
Hourly charges for requested testing outside regular route
Status: in_force

If a request is made by the owner to test a scale outside of the regular route or regular tour of inspection of any scale inspector and it is found necessary by the department to send and dispatch a scale inspector with the scale inspection truck and its scale testing equipment, a charge, based upon the number of hours it takes for the travel from the point of departure to the place where the scale inspection and testing is to be made and return to the point of departure, shall be made and assessed against the owner of the scale. The fee shall be charged and collected pursuant to the provisions of § 37-22-10 . The per hour charge shall be fixed and collected by the department.

Source: SDC 1939, § 63.0305 as added by SL 1963, ch 457; SL 1969, ch 283; SL 2004, ch 17, § 271; SL 2016, ch 183, § 49.
S.D. Codified Laws § 37-1-11.4 — SD Code / Title 37 / Chapter 1 / Section 37-1-11.4
Self-incriminating evidence required on promise of immunity
Status: in_force

If any person refuses to answer any question or interrogatory, produce any document or otherwise comply with the written demand served upon him under § 37-1-11.1 on the ground of the privilege against self - incrimination, the testimony, answer to interrogatory or production of document may be compelled in accordance with § 23A-14-29 .

Source: SL 1985, ch 196, § 2.
S.D. Codified Laws § 37-34-3 — SD Code / Title 37 / Chapter 34 / Section 37-34-3
Exceptions
Status: in_force

Section 37-34-2 does not apply to:

(1) Debt adjusting incurred incidentally in the lawful practice of law in this state;

(2) Banks and fiduciaries duly authorized and admitted to transact business in this state and performing credit and financial adjusting service in the regular course of their principal business;

(3) Title insurers and abstract companies, while doing an escrow business;

(4) Judicial officers or others acting under court orders;

(5) Nonprofit or charitable corporations or associations engaged in debt adjusting;

(6) Bona fide trade or mercantile associations in the course of arranging adjustments of debts with business establishments;

(7) Employers for their employees;

(8) Any person who, at the request of a debtor, arranges for or makes a loan to the debtor and who, at the authorization of the debtor, acts as an adjuster of the debtor's debts in the disbursement of the proceeds of the loan without compensation for the services rendered in adjusting the debts;

(9) Any person serving as a mediator pursuant to chapter 54-13 ; or

(10) Any person who files and maintains with the attorney general a bond to be approved by the attorney general in the penal sum of fifty thousand dollars conditioned for the faithful performance and payment of obligations of such debt adjuster arising in connection with his business as such, and for the payment of all claims for damages for which he may become liable in the course of his business as a debt adjuster.

Source: SL 1990, ch 387, § 3; SL 1991, ch 196; SL 1993, ch 181; SDCL § 22-47-3; SL 2005, ch 120, § 295.
S.D. Codified Laws § 37-25A-6 — SD Code / Title 37 / Chapter 25A / Section 37-25A-6
Offer or sale without knowledge of order revoking or denying exemption
Status: in_force

No person is considered to have violated § 37-25A-7 by reason of any offer or sale effected after the entry of an order under § 37-25A-5 if he establishes that he did not know and, in the exercise of reasonable care, could not have known, of the order.

Source: SL 1985, ch 305, § 6.
S.D. Codified Laws § 37-5B-11 — SD Code / Title 37 / Chapter 5B / Section 37-5B-11
Signed receipt
Status: in_force

The person offering or selling any franchise subject to the requirements of §§ 37-5B-17 and 37-5B-18 shall obtain a receipt, signed by the prospective franchisee, acknowledging that the prospective franchisee has received a copy of the disclosure document prior to the prospective franchisee affixing a signature to any franchise or other agreement and prior to the payment of any consideration by the prospective franchisee. The receipt shall be kept in the possession of the franchise seller, subject to inspection by the director, for a period of three years from the date the receipt is taken.

Source: SL 2008, ch 203, § 11.
S.D. Codified Laws § 37-25A-29 — SD Code / Title 37 / Chapter 25A / Section 37-25A-29
Privilege against self-incrimination not excusing witness--Prosecution of witness restricted
Status: in_force

No person may be excused from attending and testifying or from producing any document or record in any proceeding before the director of the Division of Insurance or any officer designated by the director on the grounds that the testimony or evidence, documentary or otherwise, required by the director may incriminate him or subject him to a penalty or forfeiture; but no individual may be prosecuted or subjected to any penalty or forfeiture on account of any transaction, matter, or thing for which he is compelled, after claiming his privilege against self-incrimination, to testify or produce evidence. However, the individual testifying is not exempt from prosecution and punishment for perjury or contempt committed in testifying.

Source: SL 1985, ch 305, § 29; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-1-4 — SD Code / Title 37 / Chapter 1 / Section 37-1-4
Discriminating between localities in selling as unfair discrimination
Status: in_force

Any person doing business in this state, and engaged in the production, manufacture, or distribution of any commodity in general use, who intentionally, for the purpose of destroying the competition of any regular established dealer in such commodity or to prevent the competition of any person who in good faith intends and attempts to become such dealer, shall discriminate between different sections, communities, or first and second class municipalities of this state by selling such commodity at a lower rate in one section, community, or municipality, or any portion thereof than such person or corporation charges for such commodity in another section, community, or municipality, after equalizing the distance from the point of production, manufacture, or distribution and freight rates therefrom, shall be deemed guilty of unfair discrimination.

Source: SDC 1939, § 13.1803; SL 1992, ch 60, § 2.
S.D. Codified Laws § 37-24-51 — SD Code / Title 37 / Chapter 24 / Section 37-24-51
Cancellation of storm damage roofing repair contract
Status: in_force

Any person or entity that has entered into a written storm damage repair contract to obtain or provide residential roofing goods and services may cancel the contract within seventy-two hours after:

(1) Entering into the contract; or

(2) Being notified that the owner's property insurance carrier has denied coverage, in whole or in part, for that person's or entity's claim under a property insurance policy for goods and services to be provided pursuant to the residential roofing goods and services contract.

Before entering such a contract, the contractor shall:

(1) Furnish the customer with a statement in boldface type of a minimum size of ten points, in substantially the following form: "You may cancel this contract within seventy-two hours after you:

(a) Have entered into the contract; or

(b) Have been notified that your property insurance carrier has denied coverage for your claim, in whole or in part, to pay for the goods and services to be provided under this contract. See attached notice of cancellation form for an explanation of this right."; and

(2) Furnish each customer a fully completed form in duplicate, captioned, "NOTICE OF CANCELLATION," which shall be attached to the contract and easily detachable, and which shall contain in boldface type of a minimum size of ten points the following information and statements:

You may cancel this contract for any reason within seventy-two hours after entering into this contract. In addition, if your insurer denies coverage for your claim, in whole or in part, to pay for goods and services to be provided under this contract, you may cancel the contract by mailing or delivering a signed and dated copy of this cancellation notice or any other written notice to (name of contractor) at (address of contractor's place of business) at any time within seventy-two hours after you have been notified that your claim has been denied. If you cancel, any payments made by you under the contract for any goods and services not actually performed will be returned within ten business days following receipt by the contractor of your cancellation notice.

I HEREBY CANCEL THIS TRANSACTION.

____________________ (date)

____________________ (Insured's signature)"

Within ten days after such a contract has been canceled, the contractor shall tender to the insured any payments made by the insured and any note or other evidence of indebtedness for any goods and services not actually performed.

Source: SL 2012, ch 198, § 2.
S.D. Codified Laws § 37-22A-2 — SD Code / Title 37 / Chapter 22A / Section 37-22A-2
Exemption of scales previously in use
Status: in_force

The provisions of this chapter shall not apply to any vehicle scale used in commercial trade prior to July 1, 1970.

Source: SL 1970, ch 221, § 5.
S.D. Codified Laws § 37-16-2 — SD Code / Title 37 / Chapter 16 / Section 37-16-2
Sale of pledge during time for redemption as misdemeanor
Status: in_force

Every pawnbroker who sells any article received by him in pledge before the time to redeem the same has expired is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 13.1829; SL 1977, ch 190, § 271.
S.D. Codified Laws § 37-5B-25 — SD Code / Title 37 / Chapter 5B / Section 37-5B-25
Fraud--Class 6 felony
Status: in_force

No person may, directly or indirectly, in connection with the offer or sale of a franchise willfully:

(1) Make an untrue statement of material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading;

(2) Engage in an act, practice, or course of business which operates or would operate as a fraud or deceit on a person;

(3) Represent to a prospective franchisee that the notice filing of a franchise application constitutes a finding by the director that a disclosure document filed under this chapter is true, complete, and not misleading or that the director has passed upon the merits of the disclosure document and the franchise;

(4) Violate an order of the director after the person receives notice that the order was issued;

(5) Misrepresent that a franchise is notice filed or exempted from notice filing under this chapter; and

(6) Omit to state a material fact or make or cause to be made an untrue statement of a material fact in any application, notice, or report filed with the director under this chapter.

A violation of this section is a Class 6 felony.

Source: SL 2008, ch 203, § 25.
S.D. Codified Laws § 37-25A-41 — SD Code / Title 37 / Chapter 25A / Section 37-25A-41
Conduct constituting appointment of director as attorney for service of process
Status: in_force

If any person engages in conduct prohibited or made actionable by this chapter or any rule or order hereunder, and the person has not filed a consent to service of process and personal jurisdiction over the person cannot otherwise be obtained in this state, that conduct is equivalent to the person's appointment of the director of the Division of Insurance or the director's successor in office to be the person's attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against the person or the person's successor or personal representative which grows out of that conduct and which is brought under this chapter or any rule or order hereunder with the same force and validity as if served on the person personally. Service may be made by leaving a copy of the process in the office of the director and it is not effective unless:

(1) The plaintiff in a suit, action, or proceeding instituted by the director, sends notice of the service and a copy of the process forthwith by registered mail to the defendant's or respondent's last known address or takes other steps which are reasonably calculated to give actual notice; and

(2) The plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.

Source: SL 1985, ch 305, § 41; SL 1995, ch 167, § 188; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-32-16 — SD Code / Title 37 / Chapter 32 / Section 37-32-16
Conflict with other actions
Status: in_force

Any action arising under this chapter in no way affects any cause of action arising under other laws of this state or under the common law, whether or not the other cause of action is included within the provisions of this chapter.

Source: SL 1997, ch 223, § 16.
S.D. Codified Laws § 37-1-30 — SD Code / Title 37 / Chapter 1 / Section 37-1-30
Dismissal or compromise--Approval of court required--Notice
Status: in_force

An action pursuant to §§ 37-1-23 to 37-1-32 , inclusive, shall not be dismissed or compromised without approval of the court, and notice of any proposed dismissal or compromise shall be given in such manner as the court directs.

Source: SL 1980, ch 259, § 8.
S.D. Codified Laws § 37-26-2 — SD Code / Title 37 / Chapter 26 / Section 37-26-2
Fraudulent offer or sale of membership as felony
Status: in_force

Any person who employs, directly or indirectly, any device, scheme, or artifice to defraud in connection with the offer or sale of any membership or engages, directly or indirectly, in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person in connection with the offer, purchase, or sale of any membership is guilty of a Class 5 felony.

Source: SL 1975, ch 246, § 14; SL 1977, ch 190, § 297.
S.D. Codified Laws § 37-4A-4 — SD Code / Title 37 / Chapter 4A / Section 37-4A-4
Good faith--Damages for violation
Status: in_force

There is an implied promise of good faith as defined in subdivision 57A-1-201(19), by all parties to any agricultural contract. In any action to recover damages, if the court or a jury finds that there has been a violation of this provision, in addition to other damages authorized by law, attorney fees may be awarded.

Source: SL 1997, ch 277, § 4.
S.D. Codified Laws § 37-21A-1 — SD Code / Title 37 / Chapter 21A / Section 37-21A-1
Definition of terms
Status: in_force

Terms as used in this chapter mean:

(1) "Department," the Department of Public Safety;

(2) "Placed in service report," a report submitted to the Office of Weights and Measures by a registered service agent or agency, certifying that the subject device meets the applicable state requirements and is legal for trade;

(3) "Registered service agency," any agency, firm, company, or corporation which, for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a weighing or measuring device, and which voluntarily registers itself as such with the secretary. Under agency registration, identification of individual servicemen may not be required;

(4) "Registered service agent," any individual who for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a weighing or measuring device, and who voluntarily registers as such with the secretary;

(5) "Secretary," the secretary of the Department of Public Safety.

Source: SL 1973, ch 257, § 1; SL 1996, ch 320 (Exec. Order 96-1), §§ 19, 20; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2013, ch 189, § 1; SL 2016, ch 183, § 33.
S.D. Codified Laws § 37-32-18 — SD Code / Title 37 / Chapter 32 / Section 37-32-18
Applicability of chapter
Status: in_force

The provisions of this chapter do not apply to a transaction made by a merchant who operates an established business that has a fixed permanent location and who displays or offers consumer goods or services for sale on a continuing basis.

Source: SL 1997, ch 223, § 18.
S.D. Codified Laws § 37-6-2 — SD Code / Title 37 / Chapter 6 / Section 37-6-2
Forgery or counterfeiting of trade-mark as misdemeanor--Fraudulent use--Sale of goods under counterfeit mark
Status: in_force

Every person who intentionally forges or counterfeits any trade - mark usually fixed by any person to any goods of such person with intent to pass off any goods to which such forged or counterfeited trade - mark is affixed as to the goods of such person; or who, with intent to defraud keeps any dies, plate, or brand, or imitation of the trade - mark of any person for the purpose of counterfeiting the same or selling such trade - mark when counterfeited, or affixing the same to any goods and selling the same as genuine goods of the person entitled to the trade - mark; or who fraudulently uses the genuine trade - mark of another with intent to sell or offer for sale or disposal, any goods as genuine, which are not the original and genuine goods of the person to whom the trade - mark properly belongs; or who sells or keeps for sale any goods upon which any counterfeit trade - mark has been affixed, intended to represent such goods as the genuine goods of another, knowing the trade - mark to be counterfeited, is guilty of a Class 1 misdemeanor.

Source: SDC 1939, §§ 13.1820, 51.0904, 51.9903; SL 1977, ch 190, § 244.
S.D. Codified Laws § 37-25A-31 — SD Code / Title 37 / Chapter 25A / Section 37-25A-31
Appeal of director's order
Status: in_force

Any person aggrieved by a final order of the director of the Division of Insurance may obtain a review of the order in the circuit court pursuant to the provisions of chapter 1-26 .

Source: SL 1985, ch 305, § 31; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-6-28 — SD Code / Title 37 / Chapter 6 / Section 37-6-28
Recording of container markings by register of deeds--Unlawful use of container covered by recording as petty offense
Status: in_force

Each register of deeds shall, on the application of any person domiciled within his county or any corporation organized under the laws of this state engaged in the manufacturing, bottling, or selling of soda water, mineral water, aerated waters, unfermented cider, milk, cream, or other nonintoxicating beverages in casks, kegs, barrels, jugs, bottles, boxes, or other containers, record in a book suitable for the purpose a description of the names, brands, or trade - marks used by such person or corporation for marking any container in which any such beverages are sold or kept for sale, which book shall be and remain a public record in his office. It shall thereupon be a petty offense for any person, without the written consent of the owner, to fill any such container for the purpose of sale, or to sell, dispose of, buy, or traffic in, or destroy the same, whether filled or not.

Source: SDC 1939, §§ 51.1001, 51.9905; SL 1977, ch 190, § 246.
S.D. Codified Laws § 37-10-7 — SD Code / Title 37 / Chapter 10 / Section 37-10-7
Wholesaler's costs added when retailer purchases from manufacturer
Status: in_force

Any retailer who purchases from the manufacturer at or at less than or at about the price normally and usually charged for purchases in wholesale quantities shall, in determining cost to the retailer, pursuant to § 37-10-5 , add the cost of doing business by the wholesaler, as defined in §§ 37-10-9 and 37-10-10 , to the basic cost of cigarettes to such retailer, as well as the cost of doing business by the retailer.

Source: SL 1966, ch 157, § 4 (1).
S.D. Codified Laws § 37-24-28 — SD Code / Title 37 / Chapter 24 / Section 37-24-28
Jurisdiction retained by court issuing injunction
Status: in_force

For the purposes of §§ 37-24-26 and 37-24-27 , the court issuing an injunction shall retain jurisdiction, and the cause shall be continued.

Source: SL 1971, ch 218, § 14 (c).
S.D. Codified Laws § 37-24-5.1 — SD Code / Title 37 / Chapter 24 / Section 37-24-5.1
"Door to door sale" defined
Status: in_force

In this chapter, unless the context otherwise requires, "door to door sale" means, except as provided by § 37-24-5.2 , any sale, lease, or rental of goods or services with a purchase price of twenty - five dollars or more, whether under single or multiple contracts, in which the seller or his representative personally solicits the sale, including those in response to or following an invitation by the buyer, and the buyer's agreement or offer to purchase is made at a place other than the place of business of the seller.

Source: SDCL, § 37-24-1 as added by SL 1975, ch 244, § 1; SL 1984, ch 258, § 2.
S.D. Codified Laws § 37-20-33 — SD Code / Title 37 / Chapter 20 / Section 37-20-33
Metric measures not prohibited
Status: in_force

Nothing in chapters 37-20 to 37-22 , inclusive, shall prohibit the use of standard metric measures.

Source: SDC 1939, § 63.0201.
S.D. Codified Laws § 37-1-25 — SD Code / Title 37 / Chapter 1 / Section 37-1-25
Exclusions in determining amount of monetary relief
Status: in_force

The court shall exclude from the amount of monetary relief awarded for such action any amount of monetary relief which duplicates amounts which have been awarded for the same injury, or which is properly allocable to natural persons who have excluded their claims pursuant to § 37-1-28 and any business entity.

Source: SL 1980, ch 259, § 3.
S.D. Codified Laws § 37-21-18 — SD Code / Title 37 / Chapter 21 / Section 37-21-18
Prohibited acts--Misdemeanor
Status: in_force

Any person who:

(1) Offers or exposes for sale, sells, uses in buying or selling of any commodity or thing, or for hire or award, or retains in possession a false weight or measure or measuring or weighing device, or any weight or measure or weighing or measuring device that has not been sealed by the department within two years;

(2) Disposes of any condemned weight, measure, or weighing or measuring device contrary to law;

(3) Removes any tag placed by the department;

(4) Sells, offers, or exposes for sale less than the quantity the person represents;

(5) Takes or attempts to take more than the quantity the person represents, when as the buyer, the person furnished the weight, measure, or weighing or measuring device by means of which the amount of the commodity is determined;

(6) Keeps for the purpose of sale, offers or exposes for sale, or sells any commodity in a manner contrary to law;

(7) Violates any provision of chapters 37-20 to 37-22 , inclusive, for which a specific penalty has not been provided; or

(8) Sells, offers to sell, uses, or has in possession for the purpose of selling or using any device or instrument to be used, or calculated to falsify any weight or measure;

Source: SDC 1939, §§ 63.9905, 63.9909; SDCL § 37-21-19 ; SL 1977, ch 190, § 289; SL 2001, ch 213, § 1; SL 2004, ch 17, § 256; SL 2016, ch 183, § 31.
S.D. Codified Laws § 37-21-7 — SD Code / Title 37 / Chapter 21 / Section 37-21-7
Conforming weights, measures, and devices deemed correct
Status: in_force

For the purposes of this chapter any weight, measure, or weighing or measuring device shall be deemed to be correct when it conforms to all applicable requirements promulgated as specified in §§ 37-21-5 and 37-21-6 , and other apparatus shall be deemed to be incorrect.

Source: SDC 1939, § 63.0101 as added by SL 1949, ch 438.
S.D. Codified Laws § 37-36-2 — SD Code / Title 37 / Chapter 36 / Section 37-36-2
Bad faith assertion of patent infringement prohibited
Status: in_force

No person may make a bad faith assertion of patent infringement as prohibited by the provisions of this chapter.

Source: SL 2014, ch 192, § 2.
S.D. Codified Laws § 37-16-1 — SD Code / Title 37 / Chapter 16 / Section 37-16-1
Charging excessive interest as misdemeanor
Status: in_force

Every pawnbroker who receives goods in pledge for loans at any rate of interest above that allowed by law, is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 13.1827; SL 1977, ch 190, § 270.
S.D. Codified Laws § 37-10-28 — SD Code / Title 37 / Chapter 10 / Section 37-10-28
Powers vested in secretary available for enforcement of chapter
Status: in_force

All of the powers vested in the secretary of revenue by the provisions of any law heretofore or hereafter to be enacted, shall be available to the secretary in the enforcement of the Unfair Cigarette Sales Act.

Source: SL 1966, ch 157, § 17; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 37-20-31 — SD Code / Title 37 / Chapter 20 / Section 37-20-31
Marking false weight on container as misdemeanor
Status: in_force

Every person who knowingly marks or stamps false or short weight, or false tare, on any cask or package, or knowingly sells or offers for sale any cask or package so marked, is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 63.9907; SL 1977, ch 190, § 285.
S.D. Codified Laws § 37-14-2 — SD Code / Title 37 / Chapter 14 / Section 37-14-2
Auction sale defined
Status: in_force

"Auction sale," as used in this chapter means the offering for sale or selling of personal property to the highest bidder or offering for sale or selling of personal property at a high price and then offering the personal property at successive lower prices until a buyer is secured.

Source: SL 1955, ch 233, § 7; SDC Supp 1960, § 54.0509; SL 1998, ch 242, § 1.
S.D. Codified Laws § 37-10-36 — SD Code / Title 37 / Chapter 10 / Section 37-10-36
Injunction proceedings to prevent violations of chapter
Status: in_force

An action may be maintained in any court of equitable jurisdiction to prevent, restrain or enjoin a violation or threatened violation of any of the provisions of this chapter. Such an action may be instituted by any person injured by any violation or threatened violation of this chapter or by the attorney general, upon the request of the secretary of revenue. If in such action a violation or threatened violation of the provisions of this chapter shall be established, the court shall enjoin and restrain, or otherwise prohibit such violation or threatened violation.

Source: SL 1966, ch 157, § 15 (1); SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 37-2-29 — SD Code / Title 37 / Chapter 2 / Section 37-2-29
Listing different motor fuel prices for cash or credit--Violation as misdemeanor
Status: in_force

Any person advertising the sale of any motor fuel by means of any sign, placard, or billboard in which any product price is specified shall state on such sign, placard, or billboard whether such price is a cash price or credit price, if such person sells or offers to sell such motor fuel to the public at different prices for cash and credit. A violation of this section is a Class 2 misdemeanor and each day of violation constitutes a separate offense.

Source: SL 1992, ch 275.
S.D. Codified Laws § 37-25A-54 — SD Code / Title 37 / Chapter 25A / Section 37-25A-54
Waiver of rights void
Status: in_force

Any condition, stipulation or provision binding any purchaser of a business opportunity to waive compliance with or relieving a person from any duty or liability imposed by or any right provided by this chapter or any rule or order issued pursuant to this chapter is void.

Source: SL 1985, ch 305, § 54.
S.D. Codified Laws § 37-10-26 — SD Code / Title 37 / Chapter 10 / Section 37-10-26
Promulgation of rules--Cost survey
Status: in_force

The secretary of revenue may promulgate rules pursuant to chapter 1-26 concerning:

(1) The minimum price of cigarettes;

(2) The extension of credit; and

(3) Retail delinquency.

The secretary of revenue may undertake a cost survey as provided in § 37-10-12 .

Source: SL 1966, ch 157, § 14 (1); SL 1987, ch 82, § 53; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 37-5B-40 — SD Code / Title 37 / Chapter 5B / Section 37-5B-40
Cooperation with other agencies
Status: in_force

To encourage uniformity in franchise matters among the federal government, self-regulatory organizations, states and foreign governments, the director may cooperate with federal, state or foreign agencies or administrators and law enforcement agencies, including:

(1) Conducting joint examinations and investigations;

(2) Holding joint administrative hearings;

(3) Filing and prosecuting joint civil or administrative proceedings;

(4) Sharing and exchanging information and documents;

(5) Sharing and exchanging personnel;

(6) Formulating statutes, rules, regulations, statements of policy, guidelines, proposed statutory changes and interpretive opinions and releases; and

(7) Issuing and enforcing subpoenas at the request of the Federal Trade Commission or an agency administering franchise statutes in another jurisdiction if the information sought would also be subject to lawful subpoena for conduct occurring in this state.

Source: SL 2008, ch 203, § 40.
S.D. Codified Laws § 37-24-48 — SD Code / Title 37 / Chapter 24 / Section 37-24-48
Actions for damages--Attorney's fees and costs--Reduction of damages under certain circumstances
Status: in_force

The recipient of an unsolicited commercial e-mail advertisement, an electronic mail service provider, or the attorney general may bring an action against any person that violates § 37-24-42 , 37-24-44 , 37-24-45 , 37-24-46 , or 37-24-47 and may recover either or both of the following:

(1) Actual damages; or

(2) Liquidated damages of one thousand dollars for each unsolicited commercial e-mail advertisement transmitted in violation of such section, up to one million dollars per incident.

The recipient, an electronic mail service provider, or the attorney general, if the prevailing plaintiff, may also recover reasonable attorney's fees and costs.

However, there may be no cause of action under this section against an electronic mail service provider that is only involved in the routine transmission of the e-mail advertisement over its computer network.

If the court finds that the defendant established and implemented, with due care, practices and procedures reasonably designed to effectively prevent unsolicited commercial e-mail advertisements that are in violation of §§ 37-24-41 to 37-24-48 , inclusive, the court shall reduce the liquidated damages recoverable under this section to a maximum of one hundred dollars for each unsolicited commercial e-mail advertisement, or a maximum of one hundred thousand dollars per incident.

Source: SL 2007, ch 226, § 8.
S.D. Codified Laws § 37-21-1.2 — SD Code / Title 37 / Chapter 21 / Section 37-21-1.2
General supervision by department
Status: in_force

The department shall have and keep a general supervision of the weights, measures, and weighing or measuring devices offered for sale, sold, or in use in the state.

Source: SDC 1939, § 63.0102; SL 2004, ch 17, § 244; SDCL § 37-21-1 ; SL 2016, ch 183, § 20.
S.D. Codified Laws § 37-25A-8 — SD Code / Title 37 / Chapter 25A / Section 37-25A-8
Filings required to register opportunity
Status: in_force

In order to register a business opportunity, the seller shall file with the director of the Division of Insurance one of the following disclosure documents with the appropriate cover sheet as required by § 37-25A-15 , a consent to service of process as specified in § 37-25A-9 and the appropriate fee as required by § 37-25A-10 :

(1) A disclosure document prepared pursuant to § 37-25A-15 ; or

(2) A disclosure document prepared pursuant to 16 C.F.R. Part 437 as of January 1, 2008.

Source: SL 1985, ch 305, § 8; SL 2008, ch 203, § 58; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-33-11 — SD Code / Title 37 / Chapter 33 / Section 37-33-11
Burden of proof
Status: in_force

The burden of showing compliance with the provisions of §§ 37-33-1 to 37-33-11 , inclusive, lies with the plan, scheme, or person involved with such plan or scheme.

Source: SL 2003, ch 213, § 11.
S.D. Codified Laws § 37-2-11 — SD Code / Title 37 / Chapter 2 / Section 37-2-11
Display of signs and labels for product not sold at location prohibited--Decorative signs excepted
Status: in_force

No person may display any sign, label, or other designating mark which describes any lubricating oil or gasoline for internal combustion engines not actually sold or offered for sale or delivered at the location at which the sign, label, or other designating mark is displayed. No person may display any label upon any container which label names or describes any lubricating oil or gasoline for internal combustion engines not actually contained in the container, but offered for sale or sold as such lubricating oil or gasoline. This section does not apply to any person utilizing a sign in a decorative manner. No place of business may use a decorative sign in a manner that misleads a consumer as to the products sold at that location.

Source: SDC 1939, § 22.1602; SDCL § 39-21-20; SL 1977, ch 190, § 433; SL 2016, ch 183, § 13.
S.D. Codified Laws § 37-25A-34 — SD Code / Title 37 / Chapter 25A / Section 37-25A-34
Liability not imposed on acts conforming to rule, form or order
Status: in_force

No provision of this chapter imposing any liability applies to any act done or omitted in good faith in conformity with any rule, form, or order of the director of the Division of Insurance, notwithstanding that the rule, form, or order may later be amended or rescinded or may be determined by judicial or other authority to be invalid for any reason.

Source: SL 1985, ch 305, § 34; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-5B-53 — SD Code / Title 37 / Chapter 5B / Section 37-5B-53
Prior offers and sales
Status: in_force

Chapter 37-5A as of June 30, 2008, exclusively applies to an offer or sale made within one year after July 1, 2008 pursuant to an offering made in good faith before July 1, 2008 on the basis of an exemption available under chapter 37-5A .

Source: SL 2008, ch 203, § 54.
S.D. Codified Laws § 37-33-7 — SD Code / Title 37 / Chapter 33 / Section 37-33-7
Pyramid promotional schemes prohibited--Operation of scheme a felony--Participation in scheme a misdemeanor
Status: in_force

No person may establish, promote, operate, or participate in any pyramid promotional scheme. A limitation as to the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the plan does not change the identity of the plan as a pyramid promotional scheme. It is not a defense under this section that a person, on giving consideration, obtains goods, services, or intangible property in addition to the right to receive compensation.

Any person who establishes or operates a pyramid promotional scheme is guilty of a Class 5 felony. Any person who knowingly participates in a pyramid promotional scheme is guilty of a Class 1 misdemeanor.

Source: SL 2003, ch 213, § 7.
S.D. Codified Laws § 37-5B-2 — SD Code / Title 37 / Chapter 5B / Section 37-5B-2
Jurisdiction
Status: in_force

This chapter applies to any franchise that is offered or sold in this state. A franchise is offered in this state if:

(1) An offer to sell is made in this state;

(2) The offer originates from within this state; or

(3) The offer is directed by the offeror into this state from outside this state and is received where directed.

A franchise is sold in this state if the offer to sell is accepted in this state.

A franchise is offered or sold in this state if the franchise is offered or sold to a resident of this state and the franchise is to be operated in this state, or, if the franchisee is domiciled in this state when the franchised business is or will be operated in this state.

Source: SL 2008, ch 203, § 2.
S.D. Codified Laws § 37-34-1 — SD Code / Title 37 / Chapter 34 / Section 37-34-1
Debt adjusting defined
Status: in_force

The term, debt adjusting, means the making of a contract, express or implied, with a debtor whereby the debtor agrees to pay a certain amount of money or other thing of value periodically to the person engaged in the debt-adjusting business who shall, for consideration, distribute the same among certain specified creditors in accordance with a plan agreed upon. The term includes debt adjustment, budget counseling, debt management, or debt-pooling service or the holding of oneself out by words of similar import as providing services to debtors in the management of their debts and contracting with the debtor for a fee to effect the adjustment, compromise, or discharge of any account, note, or other indebtedness of the debtor or receive from the debtor and disperse to his creditors any money or thing of value. The term, debt adjuster, means a person who engages in, attempts to engage in, or offers to engage in the practice of debt adjusting.

Source: SL 1990, ch 387, § 1; SDCL § 22-47-1 ; SL 2005, ch 120, § 295.
S.D. Codified Laws § 37-5B-28 — SD Code / Title 37 / Chapter 5B / Section 37-5B-28
Administration
Status: in_force

The director shall administer this chapter.

Source: SL 2008, ch 203, § 28.
S.D. Codified Laws § 37-6-11 — SD Code / Title 37 / Chapter 6 / Section 37-6-11
Mark similar to previously used marks not registrable
Status: in_force

A mark by which the goods or services of any applicant for registration may be distinguished from the goods of others shall not be registered if it consists of or comprises a mark which so resembles a mark registered in this state or a mark or trade name previously used in this state by another and not abandoned, as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive.

Source: SL 1955, ch 232, § 2; SDC Supp 1960, § 51.0902 (6); SL 1980, ch 264, § 9.
S.D. Codified Laws § 37-25A-18 — SD Code / Title 37 / Chapter 25A / Section 37-25A-18
Denial, revocation, or suspension of registration--Grounds
Status: in_force

The director of the Division of Insurance may issue an order denying, suspending or revoking the effectiveness of any registration if the director finds that the order is in the public interest and that:

(1) The registration as of its effective date or as of any earlier date in the case of an order denying effectiveness, or any amendment as of its effective date, or any report is incomplete in any material respect or contains any statement which was, in the light of the circumstances under which it was made, false or misleading with respect to any material fact;

(2) Any provision of this chapter or any rule, order or condition lawfully imposed under this chapter has been willfully violated, in connection with the business opportunity by the person filing the registration; or by the seller, any partner, officer or director of the seller, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling or controlled by the seller, but only if the person filing the registration is directly or indirectly controlled by or acting for the seller;

(3) The business opportunity registered or sought to be registered is the subject of an administrative order denying, suspending or revoking a registration or a permanent or temporary injunction of any court of competent jurisdiction; but the director:

(a) May not institute a proceeding against an effective registration under this subdivision more than one year from the date of the order or injunction relied on; and

(b) May not enter an order under this subdivision on the basis of an order or injunction entered under any other state act unless that order or injunction was based on facts which would currently constitute a ground for an order under this section;

(4) The seller's enterprise or method of business, or that of the business opportunity, includes or would include activities which are illegal where performed;

(5) The business opportunity or the offering of a business opportunity has worked a fraud upon purchasers or would so operate;

(6) There has been a failure to file any documents or information required by § 37-25A-8 ;

(7) The seller has failed to pay the proper registration fee but the director may enter only a denial order under this subdivision and the director shall vacate any such order if the deficiency is corrected;

(8) The seller's literature or advertising is misleading, incorrect, incomplete or deceptive.

Source: SL 1985, ch 305, § 18; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-26-9 — SD Code / Title 37 / Chapter 26 / Section 37-26-9
Consumer protection avoidance period provisions applied
Status: in_force

Notwithstanding any other provision of law, the avoidance period provisions as provided for in chapter 37-24 are applicable to contracts for membership under this chapter.

Source: SL 1975, ch 246, § 2.
S.D. Codified Laws § 37-10-20 — SD Code / Title 37 / Chapter 10 / Section 37-10-20
Clearance sales exempt from chapter--Notice to customer
Status: in_force

The provisions of this chapter shall not apply to sales at retail or sales at wholesale made where cigarettes are advertised, offered for sale, or sold in bona fide clearance sales for the purpose of discontinuing trade in such cigarettes and such advertising, offer to sell, or sale shall state the reason therefor and the quantity of such cigarettes advertised, offered for sale, or to be sold.

Source: SL 1966, ch 157, § 8 (2).
S.D. Codified Laws § 37-5B-29 — SD Code / Title 37 / Chapter 5B / Section 37-5B-29
Promulgation of rules
Status: in_force

The director may promulgate rules pursuant to chapter 1-26 to carry out the provisions of this chapter including forms governing disclosure documents, applications, financial statements, and defining any terms, whether or not used in this chapter, if the definitions are not inconsistent with this chapter. For the purpose of rules the director may classify franchises, persons and matters within the director's jurisdiction, and prescribe different requirements for different classes.

Source: SL 2008, ch 203, § 29.
S.D. Codified Laws § 37-6-20 — SD Code / Title 37 / Chapter 6 / Section 37-6-20
Cancellation of registration on court order
Status: in_force

The secretary of state shall cancel from the register when a court of competent jurisdiction shall order cancellation of a registration on any ground.

Source: SL 1955, ch 232, § 8; SDC Supp 1960, § 51.0908 (5).
S.D. Codified Laws § 37-26-7 — SD Code / Title 37 / Chapter 26 / Section 37-26-7
Violation of chapter as felony
Status: in_force

Any person who intentionally violates any provisions of this chapter which is not otherwise classified is guilty of a Class 5 felony.

Source: SL 1975, ch 246, § 13; SL 1977, ch 190, § 298.
S.D. Codified Laws § 37-5B-21 — SD Code / Title 37 / Chapter 5B / Section 37-5B-21
Arbitration
Status: in_force

A written provision in a franchise contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of the contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of the contract, transaction, or refusal, is valid, irrevocable, and enforceable except upon such grounds as exist at law or in equity for the revocation of any contract. However, any condition, stipulation, or provision requiring a franchisee to waive compliance with or relieving a person of a duty or liability imposed by or a right provided by this chapter or a rule or order under this chapter is void.

Source: SL 2008, ch 203, § 21.
S.D. Codified Laws § 37-1-27 — SD Code / Title 37 / Chapter 1 / Section 37-1-27
Notice--Manner of giving
Status: in_force

In any action brought under §§ 37-1-23 to 37-1-32 , inclusive, the attorney general shall, at such times, in such manner, and with such content as the court may direct cause notice thereof to be given by publication. If the court finds that notice given solely by publication would deny due process of law to any person, the court may direct further notice to such person according to the circumstances of the case.

Source: SL 1980, ch 259, § 5.
S.D. Codified Laws § 37-32-1 — SD Code / Title 37 / Chapter 32 / Section 37-32-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Prize," any gift, award, or other item or service of value that is different and distinct from the goods, service, or property promoted by a sponsor and requires payment to the sponsor for the prize. Prize does not include an item offered in a promotion if all of the following elements are present:

(a) No element of chance is involved in obtaining the item offered in the promotion;

(b) The recipient has the right to review the merchandise or services for at least seven days and has a right to obtain a full refund in thirty days for the return of unused and undamaged merchandise or cancellation of unused services;

(c) The recipient may keep the item offered in the promotion without obligation; and

(d) The recipient is not required to attend any sales presentation or spend any money in order to receive the item offered in the promotion.

Prize does not include an item offered in a promotion for a book, recording, video, multimedia, or similar club in compliance with 16 CFR 425 or a continuity plan or single sale of merchandise where there is no minimum purchase required;

(2) "Prize notice," any notice given to an individual in this state that contains a representation that the individual has won or will receive a prize and conditions receipt of such prize on payment to the sponsor for the prize. A prize notice also includes a notice which requires or invites the individual to make a contact by telephone or in - person interview to learn how to receive the prize or to obtain other information related to the notice. Prize notice does not include a notice informing the individual that the individual has been awarded a prize as a result of the individual's actual prior entry in a game, drawing, sweepstakes or other contest, if the individual is awarded the prize stated in the notice;

(3) "Solicitor," any person who represents to an individual that the individual has won or will receive a prize;

(4) "Sponsor," any person on whose behalf a solicitor gives a prize notice;

(5) "Verified retail value," the price at which the solicitor or sponsor can demonstrate that a substantial number of the prizes have been sold by a person other than the solicitor in the trade area in which the prize notice is given, or no more than one and one - half times the amount the solicitor or sponsor paid for the prize.

Source: SL 1997, ch 223, § 1.
S.D. Codified Laws § 37-10-19 — SD Code / Title 37 / Chapter 10 / Section 37-10-19
Damaged merchandise sales exempt from chapter--Notice to customer
Status: in_force

The provisions of this chapter shall not apply to sales at retail or sales at wholesale made where cigarettes are advertised, offered for sale, or sold as imperfect or damaged, and such advertising, offer to sell or sale shall state the reason therefor and the quantity of such cigarettes advertised, offered for sale, or to be sold.

Source: SL 1966, ch 157, § 8 (3).
S.D. Codified Laws § 37-30-1 — SD Code / Title 37 / Chapter 30 / Section 37-30-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Charitable organization," any person who is or holds himself out to be established for any benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic or eleemosynary purpose, or for the benefit of law enforcement officers, firefighters or other persons who protect the public safety;

(2) "Charitable purpose," any benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic or eleemosynary objective;

(3) "Charitable sales promotion," any advertising or sales campaign, conducted by a commercial coventurer, which represents that the purchase or use of goods or services offered by the commercial coventurer are to benefit a charitable organization or purpose;

(4) "Contribution," the grant, promise or pledge of money, credit, property, financial assistance or other thing of any kind or value in response to a solicitation. "Contribution" does not include bona fide fees, dues or assessments paid by members, if membership is not conferred solely as consideration for making a contribution in response to a solicitation;

(5) "Gross revenue," income of any kind from all sources, including all amounts received and all amounts pledged as the result of any solicitation by a paid solicitor;

(6) "Membership," that which entitles a person to the privileges, professional standing, honors or other direct benefit of the organization and the right to vote, elect officers and hold office in the organization;

(7) "Paid solicitor," any person or for - profit organization, who for compensation, contracts for a charitable organization any service in connection with which contributions are solicited by such person or by any person directly or indirectly employed, procured or engaged to solicit for such compensation. A bona fide nontemporary salaried officer, employee or temporary employee of a charitable organization is not a paid solicitor;

(8) "Solicit" and "solicitation," any request directly or indirectly for money, credit, property, financial assistance or other thing of any kind or value on the plea or representation that such money, credit, property, financial assistance or other thing of any kind or value is to be used for a charitable purpose or benefit a charitable organization.

Source: SL 1990, ch 314, § 1.
S.D. Codified Laws § 37-25A-26 — SD Code / Title 37 / Chapter 25A / Section 37-25A-26
Investigatory powers of director--Publication of information concerning violations
Status: in_force

The director of the Division of Insurance may:

(1) Make public or private investigations within or outside of this state to determine if any person has violated or is about to violate any provision of this chapter or any rule or order hereunder, or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder;

(2) Require or permit any person to file a statement, under oath or otherwise as the director determines, as to all the facts and circumstances concerning the matter to be investigated; and

(3) Publish information concerning any violation of this chapter or any rule or order hereunder.

Source: SL 1985, ch 305, § 26; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-2-34.1 — SD Code / Title 37 / Chapter 2 / Section 37-2-34.1
Ethanol blender pump defined
Status: in_force

The term, ethanol blender pump, refers to a mechanism provided by the retail dealer for the dispensing at retail of ethanol blend as defined in § 10-47B-3 so that the end user may select the ratio of ethanol to gasoline to be dispensed. The pump shall be the type that:

(1) Dispenses at retail a blend of gasoline and ethanol in the ratio selected by the purchaser;

(2) Is manufactured to an industry standard and carries a warranty for compatibility with dispenser components and storage and piping systems;

(3) Has at least four hoses and dispenses the following:

(a) Either a blend of ten percent ethanol or the minimum blend percentage approved for all vehicles by the United States Environmental Protection Agency;

(b) A blend of at least fifteen percent ethanol; and

(c) E85 fuel; and

(4) Complies with all alternative fuel, biofuel, and flexible fuel requirements established by law.

Source: SL 2010, ch 15, § 2.
S.D. Codified Laws § 37-30A-3 — SD Code / Title 37 / Chapter 30A / Section 37-30A-3
Unreasonable telemarketer practices
Status: in_force

A telemarketer may not:

(1) Engage in unfair or deceptive telephone solicitation;

(2) Place unsolicited consumer telephone communications to any residence which will be received before 9 a.m. or after 9 p.m. at the consumer's local time or place any unsolicited consumer telephone communications on Sunday;

(3) Engage in any conduct which harasses, intimidates, or torments any person in connection with the telephone communication; or

(4) Cause misleading information to be transmitted to users of caller identification technologies or otherwise block or misrepresent the identity of the caller or entity as described in subdivision 37-24-6 (16).

Source: SL 1997, ch 222, § 3; SL 2020, ch 171, § 3.
S.D. Codified Laws § 37-1-10 — SD Code / Title 37 / Chapter 1 / Section 37-1-10
Criminal prosecution by state's attorney on violation--Assistance by attorney general
Status: in_force

It shall be the special duty of the state's attorney, upon the affidavit of any person showing that any person has violated any provision of this chapter, or without such affidavit, when he has reason to believe that any provision of this chapter has been or is being violated, to make complaint and cause the arrest of such person and to prosecute such action in the court having jurisdiction thereof, and it shall be the duty of such state's attorney immediately upon making such complaint to notify the attorney general thereof and it shall thereupon be the duty of the attorney general to aid in such prosecution.

Source: SDC 1939, § 13.1807.
S.D. Codified Laws § 37-2-34 — SD Code / Title 37 / Chapter 2 / Section 37-2-34
Definition of terms relating to sale of renewable motor fuels
Status: in_force

Terms used in §§ 37-2-35 to 37-2-38 , inclusive, mean:

(1) "Franchise-related document," a franchise agreement, branded jobber contract, branded marketer agreement, and any other contract or directive of a franchisor relating to terms or conditions of the sale of fuel by a franchisee or customer;

(2) "Renewable fuel," biodiesel, biodiesel blend, ethyl alcohol, and ethanol blend, all as defined in § 10-47B-3 , and any motor fuel made from a blend, in any ratio, of gasoline and the product commonly or commercially known as E-85 or an ethanol blend and the product commonly or commercially known as E-85.

Source: SL 2008, ch 201, § 1; SL 2011, ch 188, § 1.
S.D. Codified Laws § 37-25A-53 — SD Code / Title 37 / Chapter 25A / Section 37-25A-53
Rights and remedies under chapter additional
Status: in_force

The rights and remedies under this chapter are in addition to any other rights or remedies that may exist at law or in equity.

Source: SL 1985, ch 305, § 53.
S.D. Codified Laws § 37-20-5 — SD Code / Title 37 / Chapter 20 / Section 37-20-5
Working standards used to test weighing and measuring devices
Status: in_force

The working standards shall be used in making all comparisons of weights and measures and weighing and measuring devices submitted for testing in the department.

Source: SDC 1939, § 63.0201; SL 1982, ch 278, § 4; SL 2004, ch 17, § 243; SL 2006, ch 187, § 7; SL 2016, ch 183, § 18.
S.D. Codified Laws § 37-2-20 — SD Code / Title 37 / Chapter 2 / Section 37-2-20
Reinspection of products--Cancellation of approval or rejection if not in compliance
Status: in_force

The inspector may at any time, in his discretion, without fee, reinspect any of the petroleum products subject to inspection under §§ 37-2-5 to 37-2-24 , inclusive, and if upon such reinspection, any of such petroleum products shall fail to meet the requirements set forth in those sections or shall not be properly labeled or marked in accordance with the provisions of those sections, the inspector shall cancel his approval of such product and in the case of illuminating oils shall reject the product and it shall thereafter be unlawful to sell or dispose of such product for illuminating purposes.

Source: SDC 1939 § 22.1501; SL 1939, ch 92; SDCL, § 39-21-29.
S.D. Codified Laws § 37-24-60 — SD Code / Title 37 / Chapter 24 / Section 37-24-60
Genetic material protection--Requirements
Status: in_force

To safeguard the confidentiality, integrity, privacy, and security of a consumer's genetic data, a direct-to-consumer genetic testing company shall:

(1) Make available to the consumer in plain language:

(a) A privacy policy that includes basic, essential information about the company's collection, disclosure, and use of genetic data; and

(b) A prominent, publicly available privacy notice that includes information about the company's access, consent, data collection, deletion, disclosure, maintenance, retention, security, and transfer practices; and how the company uses genetic data;

(2) Provide a clear and complete notice to the consumer that the consumer's de-identified data may be shared with or disclosed to a third party for research purposes, in accordance with 45 C.F.R. part 46 (November 25, 2025);

(3) Obtain the consumer's express consent to collect, disclose, or use the consumer's genetic data, including:

(a) Initial express consent that describes the uses of genetic data collected through a genetic testing product or service and specifies who has access to the test results and how the genetic data may be shared;

(b) Separate express consent, which must include the name of the person receiving the information, for each transfer or disclosure of the consumer's genetic data or biological sample to any person other than the company's vendors and service providers;

(c) Separate express consent for each use of the consumer's genetic data or the biological sample beyond the primary purpose of the genetic testing product or service;

(d) Separate express consent to retain any biological sample provided by the consumer following completion of the initial testing service requested by the consumer;

(e) Informed consent, in compliance with federal policy for the protection of human research subjects under 45 C.F.R. part 46 (November 25, 2025), to transfer or disclose the consumer's genetic data to a third-party for research purposes, or for research conducted under the control of the company for publication or generalizable knowledge purposes; and

(f) Separate express consent for marketing by the direct-to-consumer genetic testing company, to another consumer, based on the consumer's genetic data, or by a third party, to another consumer, based on the consumer having ordered or purchased a genetic testing product or service;

(4) Develop, implement, and maintain a security program to protect the consumer's genetic data against unauthorized access, disclosure, or use;

(5) Provide a process for the consumer to:

(a) Access the consumer's genetic data;

(b) Delete the consumer's account and genetic data; and

(c) Request and obtain the destruction of the consumer's biological sample; and

(6) Provide mechanisms, without any unnecessary steps, for the consumer to revoke any consent of the consumer. At least one mechanism must utilize the primary medium through which the company communicates to the consumer.

Source: SL 2026, ch 164, § 2.
S.D. Codified Laws § 37-1-5 — SD Code / Title 37 / Chapter 1 / Section 37-1-5
Discriminating between localities in buying as unfair discrimination
Status: in_force

Any person doing business in this state and engaged in the production, manufacture, or purchase of any commodity or product in general use, who, with intent and for the purpose of destroying competition by any regular established dealer in such commodity or product, shall discriminate between different sections, communities, or first and second class municipalities of this state by paying for such commodity or product a higher price in one section, community, or municipality than such person or corporation is at the same time paying for such commodity or product in another section, community, or municipality within the state, after equalizing the distance from the point of purchase and transportation charges therefrom, and the grade and quality thereof, shall be deemed guilty of unfair discrimination.

Source: SDC 1939, § 13.1804; SL 1992, ch 60, § 2.
S.D. Codified Laws § 37-16-5 — SD Code / Title 37 / Chapter 16 / Section 37-16-5
Refusal to exhibit stolen goods as misdemeanor
Status: in_force

Every pawnbroker and every junk dealer who, having received any goods which have been stolen, refuses to exhibit them upon demand during usual business hours to the owner of said goods or his agents authorized to demand an inspection thereof, is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 13.1828; SL 1977, ch 190, § 274.
S.D. Codified Laws § 37-14-5 — SD Code / Title 37 / Chapter 14 / Section 37-14-5
Requirements of chapter
Status: in_force

Any requirement under the provisions of §§ 37-14-2 to 37-14-5 , inclusive, is in addition to and not in lieu of any other state or local license as required by statute or ordinance.

Source: SL 1955, ch 233, § 9; SDC Supp 1960, § 54.0511; SL 1998, ch 242, § 4.
S.D. Codified Laws § 37-26-6 — SD Code / Title 37 / Chapter 26 / Section 37-26-6
Exemption from bond requirements of clubs not receiving prepayment--Declaration filed
Status: in_force

Sections 37-26-3 to 37-26-5 , inclusive, do not apply to any club which files a declaration, executed under penalty of perjury by the owner or manager of such club, with the attorney general stating that the club does not require, or in the ordinary course of business, receive prepayment.

Source: SL 1975, ch 246, § 10; SL 1987, ch 29, § 53.
S.D. Codified Laws § 37-25A-52 — SD Code / Title 37 / Chapter 25A / Section 37-25A-52
Limitation of actions to enforce civil liability
Status: in_force

No action may be maintained under §§ 37-25A-47 to 37-25A-49 , inclusive, unless commenced before the expiration of three years after the act of transaction constituting the violation.

Source: SL 1985, ch 305, § 52.
S.D. Codified Laws § 37-36-3 — SD Code / Title 37 / Chapter 36 / Section 37-36-3
Factors for bad faith assertion of infringement
Status: in_force

A court may consider the following factors as evidence that a person has made a bad faith assertion of patent infringement:

(1) The demand letter does not contain the following information:

(a) The patent number;

(b) The name and address of the patent owner and assignee, if any; or

(c) Factual allegations concerning the specific areas in which the target's product, service, or technology infringe the patent or are covered by the claim in the patent;

(2) Prior to sending the demand letter, the person fails to conduct an analysis comparing the claim in the patent to the target's product, service, or technology, or such an analysis was done but does not identify the specific area in which the product, service, or technology is covered by the claim in the patent;

(3) The demand letter lacks the information described in subdivision (1) of this section, the target requests the information, and the person fails to provide the information within a reasonable period of time;

(4) The demand letter demands payment of a license fee or a response within an unreasonably short period of time;

(5) The person offers to license the patent for an amount that is not based on a reasonable estimate of the value of the license;

(6) The claim of patent infringement is meritless and the person knew, or should have known, that the claim is meritless;

(7) The claim of patent infringement is deceptive;

(8) The person, a subsidiary, or an affiliate has previously filed or threatened to file a lawsuit based on the same or a similar claim of patent infringement and:

(a) The threat or lawsuit lacked the information described in subdivision (1) of this section; or

(b) The person attempted to enforce the claim of patent infringement in litigation and a court found the claim to be meritless;

(9) Any other factor the court finds relevant.

Source: SL 2014, ch 192, § 3.
S.D. Codified Laws § 37-2-6 — SD Code / Title 37 / Chapter 2 / Section 37-2-6
Promulgation of rules
Status: in_force

The secretary may, pursuant to chapter 1-26 , and in general conformity with ASTM and NIST standards in effect on January 1, 2020, promulgate rules:

(1) Establishing standards for the maximum volume percentages of ethanol, methanol, ether, and cosolvents in alcohol blended fuels;

(2) Establishing a program for and prescribing the methods to be used for the inspection and testing of alcohol blended fuels, petroleum products, biodiesel, and biodiesel blends;

(3) Requiring labeling of devices dispensing alcohol blended fuels, biodiesel, and biodiesel blends;

(4) Establishing standards setting the specifications and tolerance requirements for petroleum products, biodiesel, and biodiesel blends; and

(5) Regulating the filtering system to be used on devices dispensing alcohol blended fuels.

Source: SDC 1939, § 22.1501; SL 1939, ch 92; SDCL § 39-21-6; SL 1975, ch 253, § 2; SL 1985, ch 302, § 2; SL 2000, ch 200, § 3; SL 2003, ch 272 (Ex. Ord. 03-1), § 20; SL 2005, ch 207, § 2; SL 2005, ch 208, § 3; SL 2006, ch 202, § 2; SL 2016, ch 183, § 9; SL 2020, ch 170, § 2.
S.D. Codified Laws § 37-6-30 — SD Code / Title 37 / Chapter 6 / Section 37-6-30
Obliteration of registered container mark as misdemeanor
Status: in_force

Any person who intentionally obliterates, injures or destroys the names, marks, or brands affixed to any cask, keg, barrel, jug, bottle, box, or other container used or intended to be used for the purpose specified in § 37-6-28 , and not his property, is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 51.9906; SL 1977, ch 190, § 247; SL 1978, ch 158, § 66.
S.D. Codified Laws § 37-22-4 — SD Code / Title 37 / Chapter 22 / Section 37-22-4
Department jurisdiction exclusive
Status: in_force

The department has exclusive jurisdiction over the scales designated in §§ 37-22-1 and 37-22-3 . The inspection of the scales may only be made by and under the direction of the department.

Source: SDC 1939, § 63.0301; SL 1949, ch 439; SL 2004, ch 17, § 264; SL 2016, ch 183, § 44.
S.D. Codified Laws § 37-14-21 — SD Code / Title 37 / Chapter 14 / Section 37-14-21
Time for taking possession of property after sale--Reversion of ownership of unclaimed property--Forfeiture of payment--Exceptions
Status: in_force

Except as otherwise agreed to in writing by the purchaser and seller, or unless otherwise provided for by advertised or announced terms at the auction premises on the day of the sale, if the purchaser of any property at an auction sale has not removed the property from the auction premises within ninety days after the date of the sale or has not otherwise taken physical possession of the property within ninety days after the date of the sale, ownership of the property reverts to the seller, and the payment is forfeited to the seller without further notice of action. This section does not apply to any motor vehicle as defined in § 32-3-1 or to any state auction held pursuant to chapter 5-24A .

Source: SL 2010, ch 197, § 1; SL 2025, ch 44, § 21.
S.D. Codified Laws § 37-6-32 — SD Code / Title 37 / Chapter 6 / Section 37-6-32
Civil penalty for unauthorized refilling or trafficking in registered containers
Status: in_force

Whenever any person engaged in manufacturing, bottling, or selling in bottle, soda, mineral water, cider, or other nonalcoholic beverage, has filed and published in the manner authorized by law, a description of a name, mark, or label usually stamped by him on the bottles containing such beverage, every other person who without the written consent of such manufacturer or dealer refills with any beverage, whether genuine or otherwise, with the intent to sell the same, any bottles stamped with such name, mark, or label, and every person who sells, disposes of, purchases, or traffics in such bottles; or who keeps any such bottles with intent so to refill or use or sell them, without written consent of the manufacturer so to do, is liable to a penalty of fifty cents for each and every bottle so kept, filled, sold, bought, disposed of, or trafficked in, for the first offense, and five dollars on each bottle for every subsequent offense.

Source: SDC 1939, § 13.1823.
S.D. Codified Laws § 37-1-33 — SD Code / Title 37 / Chapter 1 / Section 37-1-33
Right to sue preserved for person injured directly or indirectly--Avoidance of duplicate liability
Status: in_force

No provision of this chapter may deny any person who is injured directly or indirectly in his business or property by a violation of this chapter the right to sue for and obtain any relief afforded under § 37-1-14.3 . In any subsequent action arising from the same conduct, the court may take any steps necessary to avoid duplicative recovery against a defendant.

Source: SL 1980, ch 259, § 12; SL 1991, ch 317.
S.D. Codified Laws § 37-1-14.3 — SD Code / Title 37 / Chapter 1 / Section 37-1-14.3
Action by public or private party for equitable relief or damages--Treble damages
Status: in_force

The state, a political subdivision, or any public agency injured in its business or property by a violation of this chapter may bring an action for appropriate injunctive or other equitable relief, damages sustained and, as determined by the court, taxable costs and reasonable attorney's fees. The trier of facts shall increase recovery under this section to three times the damages sustained. A person injured in his business or property by a violation of this chapter may bring an action for appropriate injunctive or other equitable relief, damages sustained and, as determined by the court, taxable costs and reasonable attorney's fees. The trier of facts shall increase recovery under this section to three times the damages sustained.

Source: SL 1977, ch 305, § 10.
S.D. Codified Laws § 37-30-27 — SD Code / Title 37 / Chapter 30 / Section 37-30-27
Forbidden uses of automatic telephone dialing system--Failure to comply as misdemeanor
Status: in_force

No person may use an automated telephone dialing system to make a telephone solicitation to:

(1) Any emergency telephone in this state including the emergency telephone numbers of any hospital, physician, health care facility, ambulance service or fire or law enforcement officer or facility;

(2) Any paging or cellular phone within the state; or

(3) Any unlisted, unpublished, toll - free long distance or direct inward dial telephone number within the state.

A violation of this section is a Class 2 misdemeanor.

Source: SL 1991, ch 322, § 6.
S.D. Codified Laws § 37-5B-44 — SD Code / Title 37 / Chapter 5B / Section 37-5B-44
Order or request for hearing
Status: in_force

Upon the entry of an order pursuant to § 37-5B-41 without a hearing, the director of the Division of Insurance shall promptly serve a copy of the order upon the subject applicant, franchisor, or other person. The order shall state the reasons for its issuance and shall either order a hearing, which shall be set for no later than twenty days from the date of the order, or specify that upon the written request of the applicant, franchisor, or other person, the matter will be set for hearing within fifteen days after receipt of the request. With the consent of the applicant, franchisor, or other person a hearing may be held subsequent to the expiration of either period specified in this section. On all orders of the director which do not fix the date for hearing, the interested person may within thirty days demand a hearing on the order.

Source: SL 2008, ch 203, § 44; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 19, eff. Apr. 13, 2017.
S.D. Codified Laws § 37-35A-3 — SD Code / Title 37 / Chapter 35A / Section 37-35A-3
Firearm discrimination by financial institutions--Merchant code requirement prohibited
Status: in_force

Neither a financial institution nor an agent of a financial institution may require the use of a firearms code in a way that distinguishes a firearms dealer physically located in this state from a general merchandise retailer or a sporting goods retailer located in this state.

Source: SL 2025, ch 165, § 3.
S.D. Codified Laws § 37-5-7.1 — SD Code / Title 37 / Chapter 5 / Section 37-5-7.1
Time for payment of costs and charges to dealer--Final statement of account
Status: in_force

The payments to be made to the dealer pursuant to §§ 37-5-5 to 37-5-9 , inclusive, shall be made no later than sixty days from the date the merchandise is received by the wholesaler, manufacturer, or distributor and shall be accompanied by a final detailed statement of account thereon.

Source: SDCL, § 37-5-5 as added by SL 1975, ch 241; SL 2001, ch 212, § 4; SL 2004, ch 254, § 10.
S.D. Codified Laws § 37-30A-17 — SD Code / Title 37 / Chapter 30A / Section 37-30A-17
Telemarketer must prove exemption
Status: in_force

A telemarketer claiming an exemption from the provisions of this chapter has the burden of proving the exemption.

Source: SL 1997, ch 222, § 17.
S.D. Codified Laws § 37-22-1.2 — SD Code / Title 37 / Chapter 22 / Section 37-22-1.2
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Department," the Department of Public Safety;

(2) "Secretary," the secretary of the Department of Public Safety.

Source: SL 2016, ch 183, § 60.
S.D. Codified Laws § 37-25A-50 — SD Code / Title 37 / Chapter 25A / Section 37-25A-50
Action on bond
Status: in_force

Any person who violates §§ 37-25A-14 , 37-25A-43 , 37-25A-45 , and 37-25A-46 , or who breaches any business opportunity contract or agreement or any obligation arising under the contract or agreement, is liable to the purchaser who may sue the surety of the bond, either at law or in equity to recover all money or other valuable consideration paid for the business opportunity and actual damages, together with interest at the legal rate from the date of sale, reasonable attorney's fees and court costs. The liability of the surety may not exceed the amount of the bond.

Source: SL 1985, ch 305, § 50.
S.D. Codified Laws § 37-24-30 — SD Code / Title 37 / Chapter 24 / Section 37-24-30
Powers of receiver
Status: in_force

When a receiver is appointed by the court pursuant to § 37-24-29 , he shall have the power to sue for, collect, receive, and take into his possession all the goods and chattels, rights and credits, moneys and effects, land and tenements, books, records, documents, papers, choses in action, bills, notes, and property of every description, derived by means of any act or practice declared to be unlawful by § 37-24-6 , including property with which such property has been commingled if it cannot be identified in kind because of such commingling, and to sell, convey, and assign the same and hold and dispose of the proceeds thereof under the direction of the court.

Source: SL 1971, ch 218, § 7.
S.D. Codified Laws § 37-32-17 — SD Code / Title 37 / Chapter 32 / Section 37-32-17
Violation is Class 1 misdemeanor
Status: in_force

Any person who knowingly or intentionally violates this chapter with the intent to defraud a consumer is guilty of a Class 1 misdemeanor.

Source: SL 1997, ch 223, § 17.
S.D. Codified Laws § 37-33-10 — SD Code / Title 37 / Chapter 33 / Section 37-33-10
Civil proceedings by attorney general--Entry of orders--Injunctions--Hearings--Penalties--Payment of costs
Status: in_force

If it appears to the attorney general that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of §§ 37-33-1 to 37-33-11 , inclusive, or any order under §§ 37-33-1 to 37-33-11 , inclusive, the attorney general may do one or more of the following:

(1) Issue a cease and desist order, with or without prior hearing, against any person engaged in the prohibited activities, directing such person to cease and desist from further illegal activities;

(2) Bring an action in the circuit court to enjoin the acts or practices to enforce compliance with §§ 37-33-1 to 37-33-11 , inclusive, or any order under §§ 37-33-1 to 37-33-11 , inclusive; or

(3) Impose by order and collect a civil penalty against any person found in an administrative action to have violated any provision of §§ 37-33-1 to 37-33-11 , inclusive, or any order issued under §§ 37-33-1 to 37-33-11 , inclusive, in an amount not to exceed ten thousand dollars per violation per person. The attorney general may bring actions to recover penalties pursuant to this subdivision in circuit court. All civil penalties received shall be deposited in the state general fund.

Any person named in a cease and desist order issued pursuant to §§ 37-33-1 to 37-33-11 , inclusive, shall be notified of his or her right to file, within fifteen days after the receipt of the order, a written notice for a hearing with the attorney general. If the attorney general does not receive a written request for a hearing within the time specified, the cease and desist order shall be permanent and the person named in the order deemed to have waived all rights to a hearing. Every such order shall state its effective date and shall concisely state its intent or purpose and the grounds on which it is based. Any person aggrieved by a final order issued pursuant to §§ 37-33-1 to 37-33-11 , inclusive, may obtain a review of the order in the circuit court pursuant to the provisions of chapter 1-26 .

Upon a proper showing a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant or defendant's assets. In addition, upon a proper showing by the attorney general, the court may enter an order of rescission, restitution, or disgorgement directed to any person who has engaged in any act constituting a violation of any provision of §§ 37-33-1 to 37-33-11 , inclusive, or any order under §§ 37-33-1 to 37-33-11 , inclusive. The court may not require the attorney general to post a bond. In addition to fines or penalties, the attorney general shall collect costs and attorney fees.

Source: SL 2003, ch 213, § 10.
S.D. Codified Laws § 37-2-2 — SD Code / Title 37 / Chapter 2 / Section 37-2-2
Price differential to meet competition permitted
Status: in_force

Any person, firm, company, association, or corporation selling gasoline, kerosene or liquefied petroleum gases in more than one section, community, or municipality, may lower prices in any given section, community, or municipality, to but not below the prices for which others are selling such commodities in such section, community, or municipality, when necessary to meet actual legitimate competition in such section, community, or municipality, without being held to have violated the provisions of this chapter.

Source: SDC 1939, § 54.0901; SL 1957, ch 275.
S.D. Codified Laws § 37-5-12.4 — SD Code / Title 37 / Chapter 5 / Section 37-5-12.4
Merchandise manufacturer or supplier compensation of dealer for diagnostic and warranty work
Status: in_force

Any manufacturer or supplier of merchandise as defined in subdivision 37-5-12.2 (5), (8), or (9) that authorizes a dealer of such merchandise to perform the warranty work is obligated to provide that dealer reasonable compensation for diagnostic work, as well as repair service, parts, and labor to the dealer. Time allowances for diagnostic and performance of warranty work and service shall be adequate for the work to be performed. The hourly labor rate paid to the dealer for warranty services may not be less than the rate charged by the dealer for like service to nonwarranty customers for nonwarranty service. Reimbursement for parts used in the performance of warranty repair may not be less than the current retail rate customarily charged by the dealer for the part or parts.

Source: SL 2010, ch 156, § 22, eff. Mar. 9, 2010; SL 2020, ch 172, § 1.
S.D. Codified Laws § 37-21-6 — SD Code / Title 37 / Chapter 21 / Section 37-21-6
Specifications and tolerances included in regulations--Purpose--Conformity with national code
Status: in_force

Rules promulgated under the provisions of § 37-21-5 may include specifications and tolerances for any weight, measure, or weighing or measuring device of the character of those specified in § 37-21-9 . The rules shall prohibit the use of any weight, measure, or weighing or measuring device which is not accurate, is of construction that it is not reasonably permanent in its adjustment, will not repeat its indications correctly, or facilitates the perpetration of fraud. The specifications and tolerances shall be in conformity with the code of specifications, tolerances, and regulations for commercial weighing and measuring devices issued and recommended by the National Institute of Standards and Technology of the United States Department of Commerce and in effect on January 1, 2020.

Source: SDC 1939, § 63.0101 as added by SL 1949, ch 438; SL 1992, ch 277, § 1; SL 1999, ch 201, § 1; SL 2005, ch 209, § 1; SL 2016, ch 183, § 23; SL 2020, ch 170, § 9.
S.D. Codified Laws § 37-6-21 — SD Code / Title 37 / Chapter 6 / Section 37-6-21
Cancellation of registrations not renewed
Status: in_force

The secretary of state shall cancel from the register all registrations granted under § 37-6-13 and not renewed in accordance with the provisions of § 37-6-14 .

Source: SL 1955, ch 232, § 8; SDC Supp 1960, § 51.0908 (3).
S.D. Codified Laws § 37-36-8 — SD Code / Title 37 / Chapter 36 / Section 37-36-8
Patent enforcement not a deceptive trade act or practice
Status: in_force

It is not a deceptive trade act or practice for any person who owns or has the right to license or enforce a patent to notify another of that ownership or right of license or enforcement, to notify another that the patent is available for license or sale, to notify another of the infringement of that patent pursuant to the provisions of Title 35 of the United States Code, or to seek compensation on account of a past or present infringement, or for a license, if it is reasonable to believe that the person from whom compensation is sought may owe such compensation.

Source: SL 2014, ch 192, § 8.
S.D. Codified Laws § 37-21-13 — SD Code / Title 37 / Chapter 21 / Section 37-21-13
Sealing and marking of weights, measures and devices found correct
Status: in_force

If the secretary compares weights, measures, or weighing or measuring devices and finds that they correspond with the state standards, the secretary shall seal or mark the weights, measures, or weighing or measuring devices with appropriate seals or marks.

Source: SDC 1939, § 63.0104; SL 2004, ch 17, § 252; SL 2006, ch 187, § 12; SL 2016, ch 183, § 28.
S.D. Codified Laws § 37-4A-3 — SD Code / Title 37 / Chapter 4A / Section 37-4A-3
Liability of contractor
Status: in_force

Any mediation or litigation to resolve a contract dispute shall apply the substantive contract law of the State of South Dakota.

Source: SL 1997, ch 277, § 3.
S.D. Codified Laws § 37-2-12 — SD Code / Title 37 / Chapter 2 / Section 37-2-12
Sale of substandard gasoline or motor fuel prohibited
Status: in_force

No person shall sell or keep and offer for sale any gasoline or other motor fuel which does not conform as to color and antiknock characteristics contained in the rules and regulations adopted under the authority of § 37-2-7 .

Source: SDC 1939, § 22.1512; SL 1951, ch 109; SL 1953, ch 95, § 5; SDCL, § 39-21-22; SL 1977, ch 190, § 435.
S.D. Codified Laws § 37-24-55 — SD Code / Title 37 / Chapter 24 / Section 37-24-55
Charges not prohibited by chapter
Status: in_force

This chapter does not prohibit a person from being charged with, convicted of, or sentenced for any violation of statute arising out of the same criminal transaction that violates this chapter.

Source: SL 2014, ch 191, § 9.
S.D. Codified Laws § 37-22A-3 — SD Code / Title 37 / Chapter 22A / Section 37-22A-3
Contents and form of scale tickets--Distribution of copies
Status: in_force

Each scale ticket issued by vehicle scales used in commercial trade shall show the name of the agency performing the weighing service, the date of the weighing, the number of the scale or other information identifying the scale upon which the weighing is performed, the name of the person or firm having a vehicle weighed, and the name of the weighmaster, or understandable abbreviations of the names. Each scale ticket issued under this chapter shall be in duplicate form and serially numbered. If the ticket is used on a type-registering weighbeam, the ticket shall conform to specifications set by the department. One copy of the scale ticket shall be retained by the agency performing the weighing service, and one copy of the scale ticket shall be furnished to the person having the vehicle weighed. No change of weight may be made on any ticket.

Source: SL 1970, ch 221, § 2; SL 2004, ch 17, § 275; SL 2016, ch 183, § 54.
S.D. Codified Laws § 37-37-7 — SD Code / Title 37 / Chapter 37 / Section 37-37-7
Affirmative defenses to civil action
Status: in_force

It is an affirmative defense to any claim against the manufacturer under this chapter that:

(1) An alleged nonconforming condition does not significantly impair the use, market value, or safety of the farm machinery; or

(2) A nonconforming condition is a result of abuse, neglect, or any modification or alteration of farm machinery by a consumer that is not authorized by the manufacturer.

Source: SL 2019, ch 178, § 7.
S.D. Codified Laws § 37-5B-47 — SD Code / Title 37 / Chapter 5B / Section 37-5B-47
Civil action by attorney general
Status: in_force

If the director has reasonable cause to believe that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order thereunder, the director may, in addition to all other remedies, through the attorney general, with such assistance as the attorney general may request of the state's attorneys in the several counties, institute a civil action pursuant to § 37-5B-49 .

Source: SL 2008, ch 203, § 47.