reglab/housing_qa huggingface dataset:
SD Codified L § 34-20C-8 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20C - Civil Liability For Drug Dealers|Section 34-20C-8 - Conditions giving rise to cause of action.

34-20C-8. Conditions giving rise to cause of action.Any user may bring an action for damages caused by the use of an illegal drug only if all of the following conditions are met:(1)The user personally discloses to narcotics enforcement authorities, more than six months before filing the action, all of the information known to the user regarding all of that user's sources of illegal drugs;(2)The user has not used an illegal drug within the six months before filing the action; and(3)The user continues to remain free of the use of an illegal drug throughout the pendency of the action. Source: SL 1997, ch 203, §9.
SD Codified L § 34-20C-9 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20C - Civil Liability For Drug Dealers|Section 34-20C-9 - Actual use of drug required.

34-20C-9. Actual use of drug required.Any user entitled to bring an action under §34-20C-8 may seek damages only from a person who distributed, or is in the chain of distribution of, an illegal drug that was actually used by the user. Source: SL 1997, ch 203, §10.
SD Codified L § 34-20C-10 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20C - Civil Liability For Drug Dealers|Section 34-20C-10 - Types of damages recoverable under § 34-20C-8.

34-20C-10. Types of damages recoverable under §34-20C-8.Any person entitled to bring an action under §34-20C-8 may recover only the following damages:(1)Economic damages, including the cost of treatment, rehabilitation, and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or injury, and any other pecuniary loss proximately caused by the person's illegal drug use;(2)Attorneys' fees; and(3)Disbursements. Source: SL 1997, ch 203, §11.
SD Codified L § 34-20C-11 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20C - Civil Liability For Drug Dealers|Section 34-20C-11 - Levels of participation in illegal drug market--Target communities.

34-20C-11. Levels of participation in illegal drug market--Target communities.A person whose participation in the illegal drug market constitutes the following level of participation shall be considered to have the following illegal drug market target community:(1)For Level 4 participation, the county in which the defendant's place of participation is situated;(2)For Level 3 participation, the target community described in subdivision (1) plus all counties with a border contiguous to that target community; and(3)For Level 2 participation, the target community described in subdivision (2) plus all counties with a border contiguous to that target community;(4)For Level 1 participation, the state. Source: SL 1997, ch 203, §12.
SD Codified L § 34-20C-12 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20C - Civil Liability For Drug Dealers|Section 34-20C-12 - Joint actions.

34-20C-12. Joint actions.Two or more persons may join in one action under this chapter as plaintiffs if their respective actions have at least one place of illegal drug activity in common and if any portion of the period of illegal drug use overlaps with the period of illegal drug use for every other plaintiff.Two or more persons may be joined in one action under this chapter as defendants if those persons are liable to at least one plaintiff.A plaintiff need not be interested in obtaining and a defendant need not be interested in defending against all the relief demanded. Judgment may be given for one or more plaintiffs according to their respective rights to relief and against one or more defendants according to their respective liabilities. Source: SL 1997, ch 203, §13.
SD Codified L § 34-20C-13 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20C - Civil Liability For Drug Dealers|Section 34-20C-13 - Comparative responsibility--Burden of proof.

34-20C-13. Comparative responsibility--Burden of proof.Any action by a user is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to the plaintiff.The burden of proving the comparative responsibility of the plaintiff is on the defendant and shall be shown by clear and convincing evidence.Comparative responsibility may not be attributed to a plaintiff who is not a user. Source: SL 1997, ch 203, §14.
SD Codified L § 34-20C-14 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20C - Civil Liability For Drug Dealers|Section 34-20C-14 - Right of contribution.

34-20C-14. Right of contribution.Any person subject to liability under this chapter has a right of action for contribution against another person subject to liability under this chapter. Contribution may be enforced either in the original action or by a separate action brought for that purpose. A plaintiff may seek recovery in accordance with this chapter against a person whom a defendant has asserted a right of contribution. Source: SL 1997, ch 203, §16.
SD Codified L § 34-20C-15 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20C - Civil Liability For Drug Dealers|Section 34-20C-15 - Proof of participation in illegal drug market.

34-20C-15. Proof of participation in illegal drug market.Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence. Source: SL 1997, ch 203, §17.
SD Codified L § 34-20C-16 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20C - Civil Liability For Drug Dealers|Section 34-20C-16 - Prior conviction as prima facie evidence of participation in illegal drug market.

34-20C-16. Prior conviction as prima facie evidence of participation in illegal drug market.Any person against whom recovery is sought who has a criminal conviction under state or federal drug laws is estopped from denying participation in the illegal drug market. Such a conviction is also prima facie evidence of the person's participation in the illegal drug market during the two years preceding the date of an act giving rise to a conviction.The absence of criminal drug conviction of a person against whom recovery is sought does not bar an action against that person. Source: SL 1997, ch 203, §18.
SD Codified L § 34-20C-17 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20C - Civil Liability For Drug Dealers|Section 34-20C-17 - Assets used to satisfy judgment.

34-20C-17. Assets used to satisfy judgment.Any person against whom a judgment has been rendered under this chapter is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment. Any assets sought to satisfy a judgment under this chapter that are named in a forfeiture action or have been seized for forfeiture by any state or federal agency may not be used to satisfy a judgment unless and until the assets have been released following the conclusion of the forfeiture action or released by the agency that seized the assets. Source: SL 1997, ch 203, §19.
SD Codified L § 34-20C-18 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20C - Civil Liability For Drug Dealers|Section 34-20C-18 - Cause of action--Statute of limitations tolled.

34-20C-18. Cause of action--Statute of limitations tolled.A cause of action accrues under this chapter when a person who may recover has reason to know of the harm from illegal drug use that is the basis for the cause of action and has reason to know that the illegal drug use is the cause of the harm.For a plaintiff, the statute of limitations under this section is tolled while any potential plaintiff is incapacitated by the use of an illegal drug to the extent that the potential plaintiff cannot reasonably be expected to seek recovery under this chapter or as otherwise provided by law. For a defendant, the statute of limitations under this section is tolled until six months after any potential defendant is convicted of a criminal drug offense or as otherwise provided by law. Source: SL 1997, ch 203, §22.
SD Codified L § 34-20C-19 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20C - Civil Liability For Drug Dealers|Section 34-20C-19 - Action stayed during criminal investigation or prosecution.

34-20C-19. Action stayed during criminal investigation or prosecution.On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this chapter shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action. Source: SL 1997, ch 203, §23.
SD Codified L § 34-20D-1 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine|Section 34-20D-1 - Sale of packages containing pseudoephedrine or ephedrine--Number in single transaction limited--Exception--Misdemeanor.

34-20D-1. Sale of packages containing pseudoephedrine or ephedrine--Number in single transaction limited--Exception--Misdemeanor.No retailer may sell, in a single transaction, more than two packages containing pseudoephedrine or ephedrine as an active ingredient. For purposes of this chapter, the term, retailer, means any person who sells merchandise at retail and from whom original packages of nonprescription drugs are sold or taken to be sold at retail and who is licensed by the Board of Pharmacy to sell nonprescription drugs. This restriction does not apply to any sale made pursuant to a valid prescription drug order prescribed by a practitioner as defined in §36-11-2 with appropriate authority. Any retailer or any employee of a retailer who sells packages containing pseudoephedrine or ephedrine in violation of this section is guilty of a Class 1 misdemeanor. Source: SL 2005, ch 178, §1; SL 2006, ch 181, §1.
SD Codified L § 34-20D-2 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine|Section 34-20D-2 - Purchase of packages containing pseudoephedrine or ephedrine--Number in single transaction limited--Exception--Misdemeanor.

34-20D-2. Purchase of packages containing pseudoephedrine or ephedrine--Number in single transaction limited--Exception--Misdemeanor.No person may purchase, in a single transaction, more than two packages containing pseudoephedrine or ephedrine as an active ingredient. This restriction does not apply to purchases made with a valid prescription drug order prescribed by a practitioner as defined in §36-11-2 with appropriate authority. Any person who purchases packages containing pseudoephedrine or ephedrine in violation of this section is guilty of a Class 1 misdemeanor. Source: SL 2005, ch 178, §2; SL 2006, ch 181, §2.
SD Codified L § 34-20D-3 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine|Section 34-20D-3 - Requirements for display and offer of product containing pseudoephedrine or ephedrine as active ingredient.

34-20D-3. Requirements for display and offer of product containing pseudoephedrine or ephedrine as active ingredient.Any retailer who offers for sale a product containing pseudoephedrine or ephedrine as an active ingredient shall display and offer the product for sale, except as otherwise provided, behind a counter where the public is not permitted or in a locked case so that a customer wanting access to the package must ask a store employee for assistance. The retailer may display or offer for sale without restriction a product containing pseudoephedrine or ephedrine as an active ingredient if the product is displayed using any type of anti-theft device system including an electronic anti-theft device system that utilizes a product tag and detection alarm which prevents the theft of the product. Source: SL 2005, ch 178, §3; SL 2006, ch 181, §3.
SD Codified L § 34-20D-5 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine|Section 34-20D-5 - Posting of notice.

34-20D-5. Posting of notice.A retailer shall post notice at the location where a product containing pseudoephedrine or ephedrine as an active ingredient is displayed or offered for sale stating the following:South Dakota law prohibits the sale or purchase of more than two packages containing pseudoephedrine or ephedrine as an active ingredient unless sold or purchased with a valid prescription drug order prescribed by a practitioner as defined in §36-11-2 with appropriate authority. Source: SL 2005, ch 178, §5; SL 2006, ch 181, §5.
SD Codified L § 34-20D-6 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine|Section 34-20D-6 - Civil liability for sale of product.

34-20D-6. Civil liability for sale of product.No employee or retailer is civilly liable to any injured person or the person's estate for any injury suffered, including any wrongful death, or property damage suffered due to the sale of any pseudoephedrine or ephedrine product in violation of §34-20D-1. Source: SL 2005, ch 178, §6.
SD Codified L § 34-20D-7 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine|Section 34-20D-7 - County or municipality prohibited from establishing higher requirements or penalties.

34-20D-7. County or municipality prohibited from establishing higher requirements or penalties.No county or municipality may establish requirements or establish a penalty that is higher or more stringent than the requirements or penalties established by this chapter. Source: SL 2005, ch 178, §7.
SD Codified L § 34-20D-8 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine|Section 34-20D-8 - Identification and record of buyer of product containing pseudoephedrine, ephedrine, or phenylpropanolamine--Reporting--Stop-sale alert.

34-20D-8. Identification and record of buyer of product containing pseudoephedrine, ephedrine, or phenylpropanolamine--Reporting--Stop-sale alert.If offering for sale a product containing pseudoephedrine, ephedrine, or phenylpropanolamine as an active ingredient, a retailer shall, before making such a sale, require and make a record of the identification of the person purchasing the product. For purposes of this section, the term, identification, means a document issued by a governmental agency that contains a description of the person or a photograph of the person, and gives the person's date of birth, such as a tribal identification card, driver license, state-issued identification card, passport, or military identification card. The retailer shall electronically submit the record of identification, including the purchaser's name, date of birth, address of purchaser, the product name, the quantity sold, the date and time of the sale, and unique identification number relating to the electronic record into the electronic record-keeping system prior to completing the sale of a product containing pseudoephedrine, ephedrine, or phenylpropanolamine unless a waiver has been granted. If a waiver is granted, the retailer shall submit written records to the Office of the Attorney General no later than the fifth day of every month. The retailer shall maintain the record of identification required by this section for two years, after which the record shall be destroyed. No retailer may use or maintain the record for any private or commercial purpose or disclose the record to any person, except as authorized by law. If the sale generates a stop-sale alert, the seller may not complete the sale unless the seller has a reasonable fear of imminent bodily harm if he or she does not complete the sale. The electronic record-keeping system shall contain an override function to the stop-sale alert for the seller to use in a situation in which a reasonable fear of imminent bodily harm is present. Source: SL 2006, ch 181, §6; SL 2012, ch 184, §1; SL 2014, ch 166, §1.
SD Codified L § 34-20D-8.1 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine|Section 34-20D-8.1 - Waiver of electronic reporting--Disclosure of record to law enforcement.

34-20D-8.1. Waiver of electronic reporting--Disclosure of record to law enforcement.The attorney general may grant a retailer a waiver pursuant to §34-20D-8 if the retailer demonstrates that the electronic reporting will cause the retailer an undue economic hardship or that the retailer does not have the technological ability to report electronically. If a waiver is granted, the retailer shall disclose the record, upon request, to a law enforcement agency for a law enforcement purpose. Source: SL 2014, ch 166, §3.
SD Codified L § 34-20D-9 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine|Section 34-20D-9 - Immunity from civil liability for good faith release of information to law enforcement.

34-20D-9. Immunity from civil liability for good faith release of information to law enforcement.Any retailer who in good faith releases information governed by this chapter to a law enforcement agency for a law enforcement purpose is immune from civil liability for such release unless the release constitutes gross negligence or intentional, wanton, or willful misconduct. Source: SL 2006, ch 181, §7.
SD Codified L § 34-20D-10 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine|Section 34-20D-10 - Possession of product, mixture, or preparation containing ephedrine base, pseudoephedrine base, or phenylpropanolamine base restricted--Exception--Misdemeanor.

34-20D-10. Possession of product, mixture, or preparation containing ephedrine base, pseudoephedrine base, or phenylpropanolamine base restricted--Exception--Misdemeanor.No person may possess, receive, or otherwise acquire more than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base in any product, mixture, or preparation within any thirty-day period. This restriction does not apply to any quantity of product, mixture, or preparation obtained pursuant to a valid prescription drug order prescribed by a practitioner as defined in §36-11-2 with appropriate authority.Possession of more than nine grams of a drug product containing more than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base constitutes a rebuttable presumption of the intent to use the product as a precursor to methamphetamine or another controlled substance. This rebuttable presumption does not apply to:(1)A retail distributor of drug products;(2)A wholesale drug distributor, or its agents;(3)A manufacturer of drug products, or its agents;(4)A pharmacist licensed by the Board of Pharmacy; or(5)A licensed health care professional possessing the drug products in the course of carrying out the profession.Any violation of this section is a Class 1 misdemeanor. Source: SL 2006, ch 181, §8.
SD Codified L § 34-20D-11 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine|Section 34-20D-11 - Real-time electronic record-keeping system--Calculation of purchase limitations--Private vendor.

34-20D-11. Real-time electronic record-keeping system--Calculation of purchase limitations--Private vendor.The Office of the Attorney General may provide retailers of chemical products containing pseudoephedrine, ephedrine, or phenylpropanolamine access to a real-time electronic record-keeping system to enter into the record system any transaction required by §34-20D-8. The real-time electronic record-keeping system shall be maintained in a central repository and shall have the capability to calculate state and federal ephedrine base, pseudoephedrine base, and phenylpropanolamine base purchase limitations. The electronic record-keeping system shall include a record of all the information obtained under §34-20D-8 and the unique identification number, type, and state of issue. The Office of the Attorney General may contract with a private vendor to implement this section. A contractor shall comply with the confidentiality requirements of this chapter and is subject to sanctions for violation of confidentiality requirements, including termination of the contract. No cost may be assessed to the retailer associated with the implementation, access, continuation, or maintenance of the electronic record-keeping system. Source: SL 2014, ch 166, §2.
SD Codified L § 34-20D-12 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 20D - Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine|Section 34-20D-12 - Law enforcement access to electronic record-keeping system.

34-20D-12. Law enforcement access to electronic record-keeping system.The attorney general may grant other South Dakota law enforcement agencies access to the electronic record-keeping system for the purpose of investigating any violation of this chapter. Source: SL 2014, ch 166, §4.