reglab/housing_qa huggingface dataset:
SD Codified L § 59-6-11 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 06 - Relationship Between Principal And Third Persons|Section 59-6-11 - Durable Power of Attorney--Presumption--Liability--Exceptions.

59-6-11. Durable Power of Attorney--Presumption--Liability--Exceptions.A durable power of attorney for health care designated under the provisions of §59-7-2.1 is presumed valid. Another person may rely on the presumption of validity unless the person has actual knowledge that the power was not validly executed or that the power was revoked.Except as provided in this section, any person who refuses to accept the authority of the agent to exercise a power granted under the durable power of attorney for health care is liable to the principal and to the principal's heirs, assigns, and the personal representative or successor in interest of the principal's estate in the same manner as the person would be liable had the person refused to accept the authority of the principal to act on the principal's own behalf. The person found liable for refusing to accept the authority of an agent is liable for damages and costs, including reasonable attorney's fees.A person who refuses to accept the authority of an agent to exercise a power granted under a durable power of attorney for health care is not liable pursuant to this section if:(1)The person has actual knowledge of the revocation of the durable power of attorney before the exercise of the power;(2)The duration of the durable power of attorney specified in the durable power of attorney has expired;(3)The person has actual knowledge of the death of the principal;(4)The person reasonably believes that the durable power of attorney is not valid under the law of this state;(5)The person reasonably believes that the durable power of attorney does not grant the agent authority to perform the transaction requested; or(6)The person reasonably believes that a course of conduct or refusal to act as proposed by the agent is contrary to the wishes of the principal as expressed to the person.This section does not negate the liability that a person would have to the principal or the agent under another form of power of attorney, under the common law, or otherwise. Source: SL 2004, ch 312, §2; SL 2020, ch 214, § 50.
SD Codified L § 59-7-1 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 07 - Termination Of Agency|Section 59-7-1 - Acts constituting termination.

59-7-1. Acts constituting termination.An agency is terminated as to every person having notice thereof in all cases by:(1)Expiration of its term;(2)Extinction of its subject;(3)Death of the agent;(4)Renunciation by the agent; or(5)Incapacity of the agent to act as such. Source: CivC 1877, §1383; CL 1887, §4006; RCivC 1903, §1702; RC 1919, §1284; SDC 1939, §3.0109 (1).
SD Codified L § 59-7-2 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 07 - Termination Of Agency|Section 59-7-2 - Termination where power of agent not coupled with an interest.

59-7-2. Termination where power of agent not coupled with an interest.Unless the power of the agent is coupled with an interest in the subject of the agency, an agency is terminated as to every person having notice thereof by:(1)Revocation by the principal;(2)Death of the principal; or(3)His incapacity to contract. Source: CivC 1877, §1384; CL 1887, §4007; RCivC 1903, §1703; RC 1919, §1285; SDC 1939, §3.0109 (2).
SD Codified L § 59-7-2.1 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 07 - Termination Of Agency|Section 59-7-2.1 - Principal--Designation--Healthcare.

59-7-2.1. Principal--Designation--Healthcare.Notwithstanding §59-7-2, a principal may designate another as the principal's attorney-in-fact or agent pursuant to the provisions of §59-12-3.A principal may designate any other person as the principal's attorney-in-fact or agent for health care decisions, and the attorney-in-fact shall have the authority to make any health care decision at any time during which the principal lacks capacity. Any durable power of attorney for health care shall be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. The signature shall be witnessed by two other adult individuals or by a notary public. A power of attorney granted pursuant to this section may authorize the attorney-in-fact to consent to, to reject, or to withdraw consent for health care, including any care, service, or procedure to maintain, diagnose, or treat a person's physical or mental condition. Source: SL 1977, ch 418, §1; SL 1990, ch 412, §1; SL 2012, ch 149, §61; SL 2016, ch 120, §34; SL 2020, ch 214, § 44.
SD Codified L § 59-7-2.4 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 07 - Termination Of Agency|Section 59-7-2.4 - Nomination--Health care--Guardian--Conservator.

59-7-2.4. Nomination--Health care--Guardian--Conservator.A principal may nominate by a durable power of attorney for health care a guardian of the principal's person or conservator of the principal's estate for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney for health care. Except for good cause shown or disqualification, the court shall make an appointment under this section in accordance with the principal's most recent nomination. Source: SL 1977, ch 418, §4; SL 1993, ch 213, §261; SL 2020, ch 214, § 45.
SD Codified L § 59-7-2.5 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 07 - Termination Of Agency|Section 59-7-2.5 - Health care decisions by agent.

59-7-2.5. Health care decisions by agent.The attorney-in-fact or agent may make any health care decisions for the principal which the principal could make individually if the principal had decisional capacity. However, all such decisions shall be made in accordance with accepted medical standards. Whenever making any health care decision for the principal, the attorney-in-fact or agent shall consider the recommendation of the attending physician, the decision that the principal would have made if the principal then had decisional capacity, if known, and the decision that would be in the best interest of the principal. Source: SL 1990, ch 412, §2; SL 2007, ch 296, §1.
SD Codified L § 59-7-2.6 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 07 - Termination Of Agency|Section 59-7-2.6 - Physician's determination of principal's decisional capacity.

59-7-2.6. Physician's determination of principal's decisional capacity.The attorney-in-fact or agent may not make a health care decision in any situation in which the principal's attending physician has determined in good faith that the principal has decisional capacity. The attending physician shall proceed as if there were no designation if the attorney-in-fact or agent is unavailable or refuses to make a health care decision. Source: SL 1990, ch 412, §3.
SD Codified L § 59-7-2.7 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 07 - Termination Of Agency|Section 59-7-2.7 - Comfort care required--Conditions for withdrawal of artificial nutrition or hydration.

59-7-2.7. Comfort care required--Conditions for withdrawal of artificial nutrition or hydration.The attorney-in-fact or agent may not authorize the withholding or withdrawal of comfort care from the principal. The attorney-in-fact or agent may authorize that artificial nutrition or hydration be withheld or withdrawn if one or more of the following exist:(1)Artificial nutrition or hydration is not needed for comfort care or the relief of pain and the attending physician reasonably believes that the principal's death is imminent; or(2)Artificial nutrition or hydration cannot be physically assimilated by the principal; or(3)The burden of providing artificial nutrition or hydration outweighs its benefit, provided that the determination of burden refers to the provision of artificial nutrition or hydration itself and not to the quality of the continued life of the principal; or(4)There is clear and convincing evidence that the principal expressed the desire that artificial nutrition or hydration be withheld, or refused artificial nutrition or hydration prior to the loss of decisional capacity; or(5)The principal expressed in the document creating the power of attorney that artificial nutrition or hydration be withheld; or(6)The principal expressly authorized, in the writing creating the power of attorney, the attorney-in-fact or agent to direct the withholding of artificial nutrition or hydration. Source: SL 1990, ch 412, §4; SL 2007, ch 296, §2.
SD Codified L § 59-7-2.8 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 07 - Termination Of Agency|Section 59-7-2.8 - Artificial nutrition and hydration for pregnant woman--Certification by physicians.

59-7-2.8. Artificial nutrition and hydration for pregnant woman--Certification by physicians.Notwithstanding the designation of a health care attorney-in-fact or agent, life-sustaining treatment and artificial nutrition and hydration shall be provided to a pregnant woman unless, to a reasonable degree of medical certainty, as certified on the woman's medical chart by the attending physician and one other physician who has examined the woman, such procedures will not maintain the woman in such a way as to permit the continuing development and live birth of the unborn child or will be physically harmful to the woman or prolong severe pain which cannot be alleviated by medication. Source: SL 1990, ch 412, §5.
SD Codified L § 59-7-8 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 07 - Termination Of Agency|Section 59-7-8 - Immunity.

59-7-8. Immunity.A physician or other health care provider as defined in subdivision 34-12C-1(5) acting in reliance on a health care decision by an attorney-in-fact or agent whom the physician or health care provider believes in good faith is authorized by this chapter to make a health care decision for the principal or a physician or other health care provider declining to act in reliance on a health care decision by an attorney-in-fact or agent whom the physician or health care provider believes in good faith is not authorized by this chapter to make a health care decision for the principal is not subject to criminal prosecution, civil liability, or professional disciplinary action on the ground that the attorney-in-fact or agent either had or did not have authority to make a health care decision or for disclosing to the attorney-in-fact or agent medical records or other information.A physician or other health care provider who in good faith believes that the principal has or does not have decisional capacity under §59-7-2.6 is not subject to criminal prosecution, civil liability, or professional disciplinary action for making that determination.A physician or other health care provider who in good faith makes a determination in a writing or other record that a principal is incapacitated as defined in §59-12-1 is not subject to criminal prosecution, civil liability, or professional disciplinary action for making that determination.An attorney, judge, or governmental official who in good faith makes a determination in a writing or other record that a principal is incapacitated within the meaning of §59-12-1 is not subject to criminal prosecution, civil liability, or professional disciplinary action for making that determination. Source: SL 1992, ch 359; SL 2007, ch 296, §3; SL 2020, ch 214, § 51.
SD Codified L § 59-7-9 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 07 - Termination Of Agency|Section 59-7-9 - Acts pursuant to durable power of attorney--Absent termination provision, authority not affected by time lapse since execution of instrument.

59-7-9. Acts pursuant to durable power of attorney--Absent termination provision, authority not affected by time lapse since execution of instrument.All acts done by an agent pursuant to a durable power of attorney have the same effect and inure to the benefit of and bind the principal and the principal's successors in interest as if done by the principal. Unless the instrument states a time of termination, the authority of the agent is exercisable notwithstanding the lapse of time since the execution of the instrument. Source: SL 2004, ch 312, §1.
SD Codified L § 59-7-11 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 07 - Termination Of Agency|Section 59-7-11 - Appointment of guardian terminates power of attorney.

59-7-11. Appointment of guardian terminates power of attorney.If, after a principal executes a power of attorney for health care pursuant to §59-7-2.1, a court appoints a guardian of the principal's person, the power of attorney is terminated at the time of the appointment, but the guardian shall follow any provisions contained in the power of attorney for health care delineating the principal's wishes for medical and end-of-life care. Source: SL 2016, ch 120, §36.
SD Codified L § 59-8-1 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 08 - Auctioneers|Section 59-8-1 - Authority from seller.

59-8-1. Authority from seller.An auctioneer in the absence of special authorization or usage to the contrary, has authority from the seller, only as follows:(1)To sell by public auction to the highest bidder;(2)To sell for cash only, except such articles as are usually sold on credit at auction;(3)To warrant in like manner with other agents to sell, the title, quality, and quantity of personal property;(4)To prescribe reasonable rules and terms of sale;(5)To deliver the thing sold, upon payment of the price;(6)To collect the price; and(7)To do whatever else is necessary, or proper and usual, in the ordinary course of business, for effecting these purposes. Source: CivC 1877, §1385; CL 1887, §4008; RCivC 1903, §1704; RC 1919, §1286; SDC 1939, §3.0501.
SD Codified L § 59-8-2 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 08 - Auctioneers|Section 59-8-2 - Memorandum binding both parties.

59-8-2. Memorandum binding both parties.An auctioneer has authority from a bidder at the auction as well as from the seller to bind both by a memorandum wherever a written memorandum is required, by any statute or by usage, to make a valid contract of sale and such memorandum must be in the form and content prescribed. Source: CivC 1877, §1386; CL 1887, §4009; RCivC 1903, §1705; RC 1919, §1287; SDC 1939, §3.0502.
SD Codified L § 59-9-1 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 09 - Factors|Section 59-9-1 - Factor defined.

59-9-1. Factor defined.A factor is an agent, who, in the pursuit of an independent calling, is employed to buy or sell property in his own name, and is entrusted by his principal with the possession or control of the property, or authorized to receive payment therefor from the purchaser. Source: CivC 1877, §§1168, 1387; CL 1887, §§3791, 4010; RCivC 1903, §§1487, 1706; RC 1919, §1288; SDC 1939, §3.0601. See Cal Civ Code, §2026.
SD Codified L § 59-9-2 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 09 - Factors|Section 59-9-2 - Obedience required of factor.

59-9-2. Obedience required of factor.A factor must obey the instructions of his principal to the same extent as any other employee, notwithstanding any advances he may have made to his principal upon the property consigned to him, except that if the principal forbids him to sell at the market price, he may nevertheless sell for his reimbursement, after giving to his principal reasonable notice of his intention to do so, and of the time and place of sale, and proceeding in all respects as a pledgee. Source: CivC 1877, §1169; CL 1887, §3792; RCivC 1903, §1488; RC 1919, §1289; SDC 1939, §3.0604.
SD Codified L § 59-9-3 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 09 - Factors|Section 59-9-3 - Liability under guaranty commission.

59-9-3. Liability under guaranty commission.A factor who charges his principal with a guaranty commission upon a sale, thereby assumes absolutely to pay the price when it falls due, as if it were a debt of his own, and not as a mere guarantor for the purchaser; but he does not thereby assume any additional responsibility for the safety of his remittance of the proceeds. Source: CivC 1877, §1171; CL 1887, §3794; RCivC 1903, §1490; RC 1919, §1291; SDC 1939, §3.0605.
SD Codified L § 59-9-4 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 09 - Factors|Section 59-9-4 - Factor cannot relieve himself from liability without principal's consent.

59-9-4. Factor cannot relieve himself from liability without principal's consent.A factor who receives property for sale under a general agreement or usage to guarantee sales or the remittance of the proceeds, cannot relieve himself from responsibility therefor without consent of his principal. Source: CivC 1877, §1172; CL 1887, §3795; RCivC 1903, §1491; RC 1919, §1292; SDC 1939, §3.0606.
SD Codified L § 59-9-5 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 09 - Factors|Section 59-9-5 - Actual authority to sell on credit, restrictions.

59-9-5. Actual authority to sell on credit, restrictions.In addition to the authority of agents in general, a factor has actual authority from his principal unless specially restricted to sell on such credit as is usual anything entrusted to him for sale excepting such things as it is contrary to usage to sell on credit, but having once agreed with the purchaser upon the terms of credit, the factor may not extend it, nor may he pledge, mortgage, or barter property entrusted to him for sale. Source: CivC 1877, §§1170, 1388; CL 1887, §§3793, 4011; RCivC 1903, §§1489, 1707; RC 1919, §§1290, 1293; SDC 1939, §3.0602 (1).
SD Codified L § 59-9-6 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 09 - Factors|Section 59-9-6 - Insurance of uninsured property consigned to factor.

59-9-6. Insurance of uninsured property consigned to factor.In addition to the authority of agents in general, a factor has actual authority from his principal, unless specially restricted, to insure property consigned to him uninsured. Source: CivC 1877, §1388, subdiv 2; CL 1887, §4011, subdiv 2; RCivC 1903, §1707, subdiv 2; RC 1919, §1293 (2); SDC 1939, §3.0602 (2).
SD Codified L § 59-9-7 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 09 - Factors|Section 59-9-7 - Delegation of authority to partner or servant.

59-9-7. Delegation of authority to partner or servant.In addition to the authority of agents in general, a factor has actual authority from his principal, unless specially restricted, to delegate his authority to his partner or servant, but not to any person in an independent calling. Source: CivC 1877, §1388, subdiv 3; CL 1887, §4011, subdiv 3; RCivC 1903, §1707, subdiv 3; RC 1919, §1293 (3); SDC 1939, §3.0602 (3).
SD Codified L § 59-9-8 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 09 - Factors|Section 59-9-8 - Ostensible authority.

59-9-8. Ostensible authority.A factor has ostensible authority to deal with the property of his principal as his own in transactions with persons not having notice of the actual ownership. Source: CivC 1877, §1389; CL 1887, §4012; RCivC 1903, §1708; RC 1919, §1294; SDC 1939, §3.0603.
SD Codified L § 59-10-1 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 10 - Uniform Athlete Agents Act|Section 59-10-1 - Short title.

59-10-1. Short title.This chapter may be cited as the Uniform Athlete Agents Act. Source: SL 2006, ch 265, §1.
SD Codified L § 59-10-3 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 10 - Uniform Athlete Agents Act|Section 59-10-3 - Service of process--Subpoenas.

59-10-3. Service of process--Subpoenas.(a) By acting as an athlete agent in this state, a nonresident individual appoints the secretary of state as the individual's agent for service of process in any civil action in this state related to the individual's acting as an athlete agent in this state.(b) The secretary of the Department of Labor and Regulation may issue subpoenas for any material that is relevant to the administration of this chapter. Source: SL 2006, ch 265, §3; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
SD Codified L § 59-10-4 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 10 - Uniform Athlete Agents Act|Section 59-10-4 - Athlete agents--Registration required--Void contracts.

59-10-4. Athlete agents--Registration required--Void contracts.(a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in this state without holding a certificate of registration under §59-10-6 or 59-10-8.(b) Before being issued a certificate of registration, an individual may act as an athlete agent in this state for all purposes except signing an agency contract, if:(1)A student-athlete or another person acting on behalf of the student-athlete initiates communication with the individual; and(2)Within seven days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in this state.(c) An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return any consideration received under the contract. Source: SL 2006, ch 265, §4.
SD Codified L § 59-10-7 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 10 - Uniform Athlete Agents Act|Section 59-10-7 - Suspension, revocation, or refusal to renew registration.

59-10-7. Suspension, revocation, or refusal to renew registration.(a) The secretary of the Department of Labor and Regulation may suspend, revoke, or refuse to renew a registration for conduct that would have justified denial of registration under subdivision 59-10-6(b).(b) The secretary of the Department of Labor and Regulation may deny, suspend, revoke, or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing. The secretary shall provide notice of such hearing and any action taken in response to the hearing to the Office of the Secretary of State. The Administrative Procedures Act applies to this chapter. Source: SL 2006, ch 265, §7; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
SD Codified L § 59-10-8 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 10 - Uniform Athlete Agents Act|Section 59-10-8 - Temporary registration.

59-10-8. Temporary registration.The secretary of the Department of Labor and Regulation may issue a temporary certificate of registration while an application for registration or renewal of registration is pending. Source: SL 2006, ch 265, §8; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
SD Codified L § 59-10-9 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 10 - Uniform Athlete Agents Act|Section 59-10-9 - Registration and renewal fees.

59-10-9. Registration and renewal fees.An application for registration or renewal of registration must be accompanied by a fee in the following amount:(1)One hundred dollars for an initial application for registration;(2)Fifty dollars for an application for registration based upon a certificate of registration or licensure issued by another state;(3)Twenty-five dollars for an application for renewal of registration; or(4)Twenty-five dollars for an application for renewal of registration based upon an application for renewal of registration or licensure submitted in another state.All moneys received pursuant to this section shall be deposited in the state general fund. Source: SL 2006, ch 265, §9.