reglab/housing_qa huggingface dataset:
SD Codified L § 58-1-13 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-13 - Severability of provisions.

58-1-13. Severability of provisions.If any provision of this title or the application thereof to any person or circumstance is held invalid for any reason, such invalidity shall not affect the other provisions of this title or any other application which can be given effect without the invalid provision or application, and to this end, all provisions of this title are declared to be severable. Source: SL 1966, ch 111, ch 1, §7.
SD Codified L § 58-1-14 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-14 - Notice of nonrenewal of policy must be mailed sixty days prior to renewal date--Exceptions.

58-1-14. Notice of nonrenewal of policy must be mailed sixty days prior to renewal date--Exceptions.Notice of refusal to renew an insurance policy as defined in §§58-9-5 to 58-9-30, inclusive, 58-9-32 and 58-9-33 is not effective unless mailed or delivered by the insurer to the named insured at least sixty days before the effective renewal date. The policy provisions control if the policy provides for a notice of refusal to renew that exceeds sixty days. This section does not apply to the cancellation and nonrenewal of automobile policies or coverages as defined in §58-11-45 or to a policy of homeowner's insurance. This section also does not apply to any other personal lines policy. A notice of refusal to renew any other personal lines policy is not effective unless mailed or delivered by the insurer to the named insured at least thirty days before the effective renewal date. A notice of nonrenewal is not required if the policyholder is transferred to an insurer that is a member of the same insurance group as the previous insurer and notice of such transfer is given in the form adopted by rule by the Division of Insurance pursuant to chapter 1-26. Source: SL 1983, ch 372, §1; SL 1985, ch 384; SL 1986, ch 414, §§1, 2; SL 2001, ch 264, §1; SL 2002, ch 228, §1; SL 2003, ch 244, §1.
SD Codified L § 58-1-14.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-14.1 - Notice of refusal to renew--Thirty-day delivery requirement--Exception.

58-1-14.1. Notice of refusal to renew--Thirty-day delivery requirement--Exception.Notice of refusal to renew an insurance policy as defined in §58-9-31 is not effective unless mailed or delivered by the insurer to the named insured at least thirty days before the effective renewal date. The policy provisions control if the policy provides for a notice of refusal to renew that exceeds thirty days. Source: SL 2003, ch 244, §2.
SD Codified L § 58-1-15 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-15 - "Homeowner's insurance policy" defined--Notice of nonrenewal to policyholder required--Timing of notice--Exception.

58-1-15. Homeowner's insurance policy defined--Notice of nonrenewal to policyholder required--Timing of notice--Exception.Notice of refusal to renew, as provided in §58-1-14, does not apply to a homeowner's insurance policy which shall for the purposes of §58-1-14 mean a policy normally written by the insurer as a standard homeowner's package policy or as a standard residential renter's package policy or homeowner's multiple peril policy. However, notice of refusal to renew a homeowner's insurance policy is not effective unless mailed or delivered by the insurer to the named insured at least thirty days before the effective renewal date. A notice of nonrenewal is not required if the policyholder is transferred to an insurer that is a member of the same insurance group as the previous insurer and notice of such transfer is given in the form adopted by rule by the Division of Insurance pursuant to chapter 1-26. Source: SL 1986, ch 414, §4; SL 2001, ch 264, §2.
SD Codified L § 58-1-16 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-16 - Exemption of charitable gift annuity from insurance regulation--Qualified organization.

58-1-16. Exemption of charitable gift annuity from insurance regulation--Qualified organization.No provision of Title 58 applies to any qualified organization which issues a charitable gift annuity within this state if the qualified organization has operated for a period of ten years and has a minimum of five hundred thousand dollars in unrestricted cash, cash equivalents, or publicly traded securities, exclusive of the assets funding the annuity agreement as of the date of the annuity agreement. For the purposes of this section, a charitable gift annuity means a giving plan or method by which a gift of cash or other property is made to a qualified organization in exchange for its agreement to pay an annuity. For the purposes of this section, a qualified organization means an organization which is either domiciled in South Dakota and has its principal place of business in South Dakota or is qualified to do business in South Dakota as a foreign corporation, and which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code as a charitable organization and regularly files a copy of Federal Form 990 in the Office of the Attorney General or is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code as a religious organization or is exempt as a publicly owned or nonprofit, privately endowed educational institution approved, accredited, or licensed by the South Dakota Board of Education Standards, the north central association of colleges and schools, or an equivalent public authority of the jurisdiction where the institution is located. Source: SL 1994, ch 370, §1; SL 2001, ch 265, §1; SL 2017, ch 81, §57.
SD Codified L § 58-1-16.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-16.1 - Applicability of § 58-1-16.

58-1-16.1. Applicability of §58-1-16.The provisions of §58-1-16 do not apply to any qualified organization that met the requirements of §58-1-16 and issued any charitable gift annuity prior to July 1, 2001. Source: SL 2001, ch 265, §2.
SD Codified L § 58-1-17 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-17 - Disclosure statement for issuance of charitable gift annuity.

58-1-17. Disclosure statement for issuance of charitable gift annuity.Any qualified organization which issues a charitable gift annuity shall include on its promotional literature and the charitable gift annuity the following disclosure statement in ten point bold type or larger: "Charitable gift annuities are not regulated by and are not under the jurisdiction of the South Dakota Division of Insurance." Source: SL 1994, ch 370, §2.
SD Codified L § 58-1-19 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-19 - Health benefit plans to issue uniform prescription drug information card--Exception--Director to prescribe format and contents.

58-1-19. Health benefit plans to issue uniform prescription drug information card--Exception--Director to prescribe format and contents.Any health benefit plan that provides coverage for prescription drugs or devices on an outpatient basis, or administers such a plan, including third-party administrators for self-insured plans and state-administered plans, shall issue to its primary insured a card or other technology containing uniform prescription drug information. The director of the Division of Insurance shall prescribe the format and elements of information for the uniform prescription drug information card or technology and shall consider the format and elements of information approved by the National Council for Prescription Drug Programs (NCPDP) and the required and conditional or situational fields and the most recent pharmacy identification card or technology implementation guide produced by NCPDP. A health benefit plan is not required to issue a pharmacy identification card separate from another identification card issued to an insured under the health benefit plan if the identification card contains the elements of information required by the Division of Insurance. Source: SL 2001, ch 266, §1.
SD Codified L § 58-1-20 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-20 - Prescription drug information card to be issued upon enrollment--Reissuance.

58-1-20. Prescription drug information card to be issued upon enrollment--Reissuance.A health benefit plan shall issue a card or other technology required by §58-1-19 upon enrollment. The card or technology shall be reissued upon any change in the insured's coverage that impacts data contained on the card or upon any change in the format adopted by the director of the Division of Insurance. However, the health benefit plan is not required to issue a new card or technology more often than once each calendar year. Newly issued cards or technology shall be updated with the latest coverage information and the director of the Division of Insurance shall consider the NCPDP standards then in effect and the implementation guide then in use. Source: SL 2001, ch 266, §2.
SD Codified L § 58-1-21 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-21 - "Health benefit plan" defined for purposes of §§ 58-1-19 to 58-1-23.

58-1-21. Health benefit plan defined for purposes of §§58-1-19 to 58-1-23.As used in §§58-1-19 to 58-1-23, inclusive, the term, health benefit plan, means an accident and health insurance policy or certificate; a nonprofit hospital or medical service corporation contract; a health maintenance organization subscriber contract; a plan provided by a multiple employer welfare arrangement; or a plan provided by another benefit arrangement, to the extent permitted by the Employee Retirement Income Security Act of 1974, as amended to January 1, 2001, or by any waiver of or other exception to that act provided under federal law or regulation. The term does not apply to any plan, policy, or contract that provides coverage only for:(1)Accident;(2)Credit;(3)Disability income;(4)Specified disease;(5)Dental;(6)Vision;(7)Coverage issued as a supplement to liability insurance;(8)Medical payments under automobile or homeowners;(9)Insurance under which benefits are payable with or without regard to fault and that is statutorily required to be contained in any liability policy or equivalent self-insurance;(10)Hospital income or indemnity;(11)Long-term care; and(12)Medicare supplement. Source: SL 2001, ch 266, §3.
SD Codified L § 58-1-22 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-22 - Applicability of §§ 58-1-19 to 58-1-23.

58-1-22. Applicability of §§58-1-19 to 58-1-23.Sections 58-1-19 to 58-1-23, inclusive, applies to health benefit plans that are delivered, issued for delivery, or renewed on and after July 1, 2002. For purposes of §§58-1-19 to 58-1-23, inclusive, renewal of a health benefit policy, contract, or plan is presumed to occur on each anniversary of the date on which coverage was first effective on the person or persons covered by the health benefit plan. Source: SL 2001, ch 266, §4.
SD Codified L § 58-1-23 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-23 - Director to enforce provisions--Promulgation of rules.

58-1-23. Director to enforce provisions--Promulgation of rules.The director of insurance shall enforce the provisions of §§58-1-19 to 58-1-23, inclusive. The director of insurance may promulgate rules pursuant to chapter 1-26 to establish the format and elements of information for the uniform information card or technology to be used in the state following the standards established in §§58-1-19 and 58-1-20. Source: SL 2001, ch 266, §5.
SD Codified L § 58-1-24 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-24 - Definitions related to genetic testing.

58-1-24. Definitions related to genetic testing.Terms used in §§58-1-25 and 58-18-87 mean:(1)"Genetic information," information about genes, gene products, and inherited characteristics that may derive from the individual or a family member. The term includes information regarding carrier status and information derived from laboratory tests that identify mutations in specific genes or chromosomes, physical medical examinations, family histories, and direct analysis of genes or chromosomes;(2)"Genetic test," a test of human DNA, RNA, chromosomes, or genes performed in order to identify the presence or absence of an inherited variation, alteration, or mutation which is associated with predisposition to disease, illness, impairment, or other disorder. Genetic test does not mean a routine physical measurement; a chemical, blood, or urine analysis; a test for drugs or HIV infection; any test commonly accepted in clinical practice; or any test performed due to the presence of signs, symptoms, or other manifestations of a disease, illness, impairment, or other disorder;(3)"Health carrier," any person who provides health insurance in this state. The term includes a licensed insurance company, a prepaid hospital or medical service plan, a health maintenance organization, a multiple employer welfare arrangement, a fraternal benefit contract, or any person providing a plan of health insurance subject to state insurance regulation;(4)"Health insurance," insurance provided pursuant to chapters 58-17 (except disability income insurance), 58-17F, 58-17G, 58-17H, 58-17I, 58-18 (except disability income insurance), 58-18B, 58-38, 58-40, and 58-41; and(5)"Individual," an applicant for coverage or a person already covered by a health carrier. Source: SL 2001, ch 267, §1; SL 2011, ch 219, §95.
SD Codified L § 58-1-25.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-25.1 - Sharing of genetic information prohibited--Health carrier, life insurer, long-term care insurer.

58-1-25.1. Sharing of genetic information prohibited--Health carrier, life insurer, long-term care insurer. Any company providing genetic testing directly to a consumer is prohibited from sharing any genetic test, genetic information, or other personally identifiable information of a consumer with any health carrier, life insurer, or long-term care insurer without written consent from the consumer. Nothing in this section prohibits a company that provides genetic testing from communicating with a health carrier for the purposes of payment, coordination of medical treatment, or patient care so long as such communication is compliant with the Health Insurance Portability and Accountability Act and only used for the purposes permitted in this section. Source: SL 2021, ch 209, § 3, eff. Jan. 1, 2022.
SD Codified L § 58-1-26 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-26 - Retention of records.

58-1-26. Retention of records.Any insurer, nonprofit, surgical, dental or hospital plan, a health maintenance organization, or any other person required to be licensed or registered under this title shall retain all books and records that are subject to examination pursuant to chapter 58-3 for a period of not less than five years. Source: SL 2002, ch 241, §2.
SD Codified L § 58-1-27 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-27 - Definitions regarding transmission of electronic documents.

58-1-27. Definitions regarding transmission of electronic documents.Terms used in §§58-1-27 to 58-1-39, inclusive, mean:(1)"Delivered by electronic means,":(a)Delivery to an electronic mail address at which a party has consented to receive notices or documents; or(b)Posting on an electronic network or site accessible via the internet, mobile application, computer, mobile device, tablet, or any other electronic device, together with separate notice to a party directed to the electronic mail address at which the party consents to receive notice of the posting;(2)"Party," any recipient of any notice or document required as part of an insurance transaction, including an applicant, an insured, a policyholder, or an annuity contract holder. Source: SL 2014, ch 230, §1.
SD Codified L § 58-1-28 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-28 - Transmission and storage of electronic documents permitted.

58-1-28. Transmission and storage of electronic documents permitted.Subject to §58-1-30, any notice to a party or any other document required under applicable law in an insurance transaction or that is to serve as evidence of insurance coverage may be delivered, stored, and presented by electronic means if it meets the requirements of chapter 53-10. Source: SL 2014, ch 230, §2.
SD Codified L § 58-1-29 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-29 - Delivery by electronic transmission equivalent to other delivery methods.

58-1-29. Delivery by electronic transmission equivalent to other delivery methods.Delivery of a notice or document in accordance with the provisions of §§58-1-27 to 58-1-39, inclusive, is equivalent to any delivery method required under applicable law. Source: SL 2014, ch 230, §3.
SD Codified L § 58-1-30 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-30 - Conditions for transmission of electronic documents.

58-1-30. Conditions for transmission of electronic documents.An insurer may only deliver a notice or document to a party by electronic means pursuant to §§58-1-27 to 58-1-39, inclusive, if:(1)The party affirmatively consents to the electronic delivery and has not withdrawn the consent;(2)The insurer provides the party with a clear and conspicuous statement, prior to obtaining the party's consent, informing the party of:(a)Any right or option of the party to have the notice or document provided or made available in paper or another nonelectronic form;(b)The right of the party to withdraw consent to have a notice or document delivered by electronic means and any fees, conditions, or consequences that may be imposed in the event consent is withdrawn;(c)Whether the party's consent applies:(i)Only to the particular transaction as to which the notice or document must be given; or(ii)To an identified category of notices or documents that may be delivered by electronic means during the course of the parties' relationship;(d)The means by which a party may obtain a paper copy of a notice or document delivered by electronic means, after the party consents to electronic delivery; and(e)The procedure a party must follow to withdraw consent to have a notice or document delivered by electronic means and to update information needed to contact the party electronically;(3)The insurer ensures that the party:(a)Is provided with a statement of the hardware and software requirements for access to and retention of a notice or document delivered by electronic means before the party consents to electronic delivery; and(b)Consents electronically, or confirms consent electronically, in a manner that reasonably demonstrates the party can access information in the electronic form that will be used for notices or documents delivered by electronic means; and(4)The insurer, in the event a change in the hardware or software requirements needed to access or retain a notice or document delivered by electronic means creates a material risk that the party will not be able to access or retain a subsequent notice or document, provides the consenting party with a statement of:(a)The revised hardware and software requirements for access to and retention of a notice or document delivered by electronic means; and(b)The right of the party to withdraw consent without the imposition of any fee, condition, or consequence that was not disclosed under subsection (2)(b) of this section. Source: SL 2014, ch 230, §4.
SD Codified L § 58-1-31 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-31 - Content and timing requirements unaffected.

58-1-31. Content and timing requirements unaffected.Nothing in §§58-1-27 to 58-1-39, inclusive, affects any requirement related to content or timing of any notice or document otherwise required pursuant to applicable law. Source: SL 2014, ch 230, §5.
SD Codified L § 58-1-32 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-32 - Verification or acknowledgment of receipt.

58-1-32. Verification or acknowledgment of receipt.If a provision of applicable law requiring a notice or document to be provided to a party expressly requires verification or acknowledgment of receipt of the notice or document, the notice or document may only be delivered by electronic means if the method used provides for verification or acknowledgment of receipt. Source: SL 2014, ch 230, §6.
SD Codified L § 58-1-33 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-33 - Effect of failure to obtain electronic consent or confirmation.

58-1-33. Effect of failure to obtain electronic consent or confirmation.The legal effectiveness, validity, or enforceability of any contract or policy of insurance executed by a party may not be denied solely because of the failure to obtain electronic consent or confirmation of consent of the party in accordance with subsection 58-1-30(3)(b). Source: SL 2014, ch 230, §7.
SD Codified L § 58-1-34 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-34 - Withdrawal of consent.

58-1-34. Withdrawal of consent.A withdrawal of consent by a party does not affect the legal effectiveness, validity, or enforceability of a notice or document delivered by electronic means to the party before the withdrawal of consent is effective. A withdrawal of consent by a party is effective within a reasonable period of time after receipt of the withdrawal by the insurer. If an insurer fails to comply with §58-1-30, the party may treat the failure as a withdrawal of consent for purposes of §§58-1-27 to 58-1-39, inclusive. Source: SL 2014, ch 230, §8.
SD Codified L § 58-1-35 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-35 - Documents delivered electronically before July 1, 2014.

58-1-35. Documents delivered electronically before July 1, 2014.The provisions of §§58-1-27 to 58-1-39, inclusive, do not apply to a notice or document delivered by an insurer in an electronic form before July 1, 2014 to a party who, before that date, consented to receive notice or document in an electronic form otherwise allowed by law. Source: SL 2014, ch 230, §9.