reglab/housing_qa huggingface dataset:
SD Codified L § 37-33-5 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 33 - Pyramid Promotional Schemes|Section 37-33-5 - "Consideration" defined.

37-33-5."Consideration" defined.For the purposes of §§37-33-1 to 37-33-11, inclusive, the term, consideration, means the payment of cash or the purchase of goods, services, or intangible property. The term does not include the purchase of goods or services furnished at cost to be used in making sales and not for resale, or time and effort spent in pursuit of sales or recruiting activities. Source: SL 2003, ch 213, §5.
SD Codified L § 37-33-6 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 33 - Pyramid Promotional Schemes|Section 37-33-6 - "Inventory loading" defined.

37-33-6."Inventory loading" defined.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.
SD Codified L § 37-33-7 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 33 - Pyramid Promotional Schemes|Section 37-33-7 - Pyramid promotional schemes prohibited--Operation of scheme a felony--Participation in scheme a misdemeanor.

37-33-7. Pyramid promotional schemes prohibited--Operation of scheme a felony--Participation in scheme a misdemeanor.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.
SD Codified L § 37-33-8 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 33 - Pyramid Promotional Schemes|Section 37-33-8 - Certain plans not defined as pyramid promotional schemes.

37-33-8. Certain plans not defined as pyramid promotional schemes.Nothing in §§37-33-1 to 37-33-11, inclusive, may be construed to prohibit a plan or operation, or to define a plan or operation as a pyramid promotional scheme, based on the fact that participants in the plan or operation give consideration in return for the right to receive compensation based upon purchases of goods, services, or intangible property by participants for personal use, consumption, or resale so long as the plan or operation does not promote or induce inventory loading and the plan or operation implements an appropriate inventory repurchase program. Source: SL 2003, ch 213, §8.
SD Codified L § 37-33-9 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 33 - Pyramid Promotional Schemes|Section 37-33-9 - Attorney general may proceed against pyramid promotional schemes.

37-33-9. Attorney general may proceed against pyramid promotional schemes.The provisions of §§37-33-1 to 37-33-11, inclusive, do not preclude, preempt, or prohibit the attorney general from proceeding against any plan or scheme or any person involved with such plan or scheme under any other provision of law. Source: SL 2003, ch 213, §9.
SD Codified L § 37-33-10 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 33 - Pyramid Promotional Schemes|Section 37-33-10 - Civil proceedings by attorney general--Entry of orders--Injunctions--Hearings--Penalties--Payment of costs.

37-33-10. Civil proceedings by attorney general--Entry of orders--Injunctions--Hearings--Penalties--Payment of costs.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.
SD Codified L § 37-33-11 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 33 - Pyramid Promotional Schemes|Section 37-33-11 - Burden of proof.

37-33-11. Burden of proof.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.
SD Codified L § 37-34-1 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 34 - Debt Adjusting|Section 37-34-1 - Debt adjusting defined.

37-34-1. Debt adjusting defined.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.
SD Codified L § 37-34-2 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 34 - Debt Adjusting|Section 37-34-2 - Debt adjusting--Misdemeanor.

37-34-2. Debt adjusting--Misdemeanor.Except as provided in §37-34-3, no person may engage in the business of debt adjusting. A violation of this section is a Class 2 misdemeanor. Source: SL 1990, ch 387, §2; SDCL §22-47-2; SL 2005, ch 120, §295.
SD Codified L § 37-34-3 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 34 - Debt Adjusting|Section 37-34-3 - Exceptions.

37-34-3. Exceptions.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.
SD Codified L § 37-35-1 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 35 - Firearms, Accessories, And Ammunition|Section 37-35-1 - Definition of terms.

37-35-1. Definition of terms.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.
SD Codified L § 37-35-2 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 35 - Firearms, Accessories, And Ammunition|Section 37-35-2 - Firearms, firearm accessories, and ammunition manufactured and retained in state declared exempt from federal regulation.

37-35-2. Firearms, firearm accessories, and ammunition manufactured and retained in state declared exempt from federal regulation.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.
SD Codified L § 37-35-3 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 35 - Firearms, Accessories, And Ammunition|Section 37-35-3 - Application of § 37-35-2.

37-35-3. Application of §37-35-2.The provisions of §37-35-2 do not apply to:(1)A firearm that cannot be carried and used by one person;(2)A firearm that has a bore diameter greater than one and one-half inches and that uses smokeless powder, not black powder, as a propellant;(3)Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or(4)A firearm that discharges two or more projectiles with one activation of the trigger or other firing device. Source: SL 2010, ch 198, §3.
SD Codified L § 37-35-4 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 35 - Firearms, Accessories, And Ammunition|Section 37-35-4 - Made in South Dakota stamp required.

37-35-4. Made in South Dakota stamp required.A firearm manufactured or sold in South Dakota pursuant to this chapter shall have the words, Made in South Dakota, clearly stamped on a central metallic part, such as the receiver or frame. Source: SL 2010, ch 198, §4.
SD Codified L § 37-35-5 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 35 - Firearms, Accessories, And Ammunition|Section 37-35-5 - Application of chapter.

37-35-5. Application of chapter.The provisions of this chapter apply to any firearm, firearm accessory, or ammunition that is manufactured and retained in South Dakota after July 1, 2010. Source: SL 2010, ch 198, §5.
SD Codified L § 37-36-1 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 36 - Bad Faith Assertion Of Patent Infringement|Section 37-36-1 - Definitions.

37-36-1. Definitions.Terms used in this chapter mean:(1)"Demand letter," any letter, e-mail, or other communication asserting or claiming that the target has engaged in patent infringement;(2)"Target," any person:(a)Who receives a demand letter or against whom an assertion or allegation of patent infringement is made;(b)Who is threatened with litigation or against whom a lawsuit is filed alleging patent infringement; or(c)Whose customer receives a demand letter asserting that the person's product, service, or technology infringes a patent. Source: SL 2014, ch 192, §1.
SD Codified L § 37-36-2 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 36 - Bad Faith Assertion Of Patent Infringement|Section 37-36-2 - Bad faith assertion of patent infringement prohibited.

37-36-2. Bad faith assertion of patent infringement prohibited.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.
SD Codified L § 37-36-3 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 36 - Bad Faith Assertion Of Patent Infringement|Section 37-36-3 - Factors for bad faith assertion of infringement.

37-36-3. Factors for bad faith assertion of infringement.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.
SD Codified L § 37-36-4 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 36 - Bad Faith Assertion Of Patent Infringement|Section 37-36-4 - Factors for claim of patent infringement not made in bad faith.

37-36-4. Factors for claim of patent infringement not made in bad faith.A court may consider the following factors as evidence that a person has not made a bad faith assertion of patent infringement:(1)The demand letter contains all of the information described in subdivision 37-36-3(1);(2)If the demand letter lacks the information described in subdivision 37-36-3(1) and the target requests the information, the person provides the information within a reasonable period of time;(3)The person engages in a good faith effort to establish that the target has infringed the patent and to negotiate an appropriate remedy;(4)The person makes a substantial investment in the use of the patent or in the production or sale of a product or item covered by the patent;(5)The person is:(a)The inventor or joint inventor of the patent or, in the case of a patent filed by and awarded to an assignee of the original inventor or joint inventor, is the original assignee; or(b)An institution of higher education or a technology transfer organization owned or affiliated with an institution of higher education;(6)The person has:(a)Demonstrated good faith business practices in previous efforts to enforce the patent, or a substantially similar patent; or(b)Successfully enforced the patent, or a substantially similar patent, through litigation;(7)Any other factor the court finds relevant. Source: SL 2014, ch 192, §4.
SD Codified L § 37-36-5 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 36 - Bad Faith Assertion Of Patent Infringement|Section 37-36-5 - Bond.

37-36-5. Bond.Upon motion by a target and a finding by the court that the target has established a reasonable likelihood that a person has made a bad faith assertion of patent infringement in violation of this chapter, the court shall require the person to post a bond in an amount equal to a good faith estimate of the target's costs to litigate the claim and amounts reasonably likely to be recovered under this chapter, conditioned upon payment of any amounts finally determined to be due to the target. The court shall hold a hearing to determine the amount of the bond on the request of either party. A bond ordered pursuant to this section may not exceed two hundred fifty thousand dollars. The court may waive the bond requirement if the court finds the person has available assets equal to the amount of the proposed bond or for other good cause shown. Source: SL 2014, ch 192, §5.
SD Codified L § 37-36-6 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 36 - Bad Faith Assertion Of Patent Infringement|Section 37-36-6 - Action by attorney general.

37-36-6. Action by attorney general.The attorney general may bring civil actions, and enter into assurances of discontinuance as provided under chapter 37-24. In an action brought by the attorney general under this chapter the court may award or impose any relief available under chapter 37-24. Source: SL 2014, ch 192, §6.
SD Codified L § 37-36-7 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 36 - Bad Faith Assertion Of Patent Infringement|Section 37-36-7 - Action by person aggrieved--Available remedies.

37-36-7. Action by person aggrieved--Available remedies.A target of conduct involving assertions of patent infringement, or a person aggrieved by a violation of this chapter or by a violation of rules promulgated pursuant to this chapter, may bring an action in a court of proper jurisdiction. A court may award the following remedies to a plaintiff who prevails in an action brought pursuant to this section:(1)Equitable relief;(2)Damages;(3)Costs and fees, including reasonable attorney fees; and(4)Exemplary damages in an amount equal to fifty thousand dollars or three times the total of damages, costs, and fees, whichever is greater. Source: SL 2014, ch 192, §7.
SD Codified L § 37-36-8 (2021)
2021 South Dakota Codified Laws|Title 37 - Trade Regulation|Chapter 36 - Bad Faith Assertion Of Patent Infringement|Section 37-36-8 - Patent enforcement not a deceptive trade act or practice.

37-36-8. Patent enforcement not a deceptive trade act or practice.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.