reglab/housing_qa huggingface dataset:
SD Codified L § 57A-10-102 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 10 - Effective Date And Repealer|Section 57A-10-102 - Specific repealer--Provision for transition.

57A-10-102. Specific repealer--Provision for transition.(1)Effective July 1, 1967, the following laws are hereby repealed: SDC 3.0215 except the first sentence thereof; SDC 6.0422; SDC 8.04; subsection (4) of SDC 10.0605; SDC 39.02 except the second paragraph of 39.0201, 39.0211, the first and third paragraphs of 39.0212, and the first paragraph of 39.0214; SDC 39.04 as amended by chapter 168 of the Session Laws of 1945 and chapter 176 of the Session Laws of 1947; SDC 39.0511 and 39.0513; SDC Title 46 as amended by chapter 256 of the Session Laws of 1961; SDC 54.01; SDC 54.02 as amended by chapter 181 of the Session Laws of 1943; SDC 54.03 as amended by chapter 297 of the Session Laws of 1963, and SDC 60.04; SDC 1960 Supp. 6.0412-1, 6.0412-2, 6.0412-3, 6.0412-4, 6.0420; SDC 1960 Supp. 37.35, 39.18 and 39.19.(2)Transactions validly entered into before the effective date specified in §57A-10-101 and the rights, duties and interests flowing from them remain valid thereafter and may be terminated, completed, consummated or enforced as required or permitted by any statute or other law amended or repealed by chapter 150 of the Session Laws of 1966 as though such repeal or amendment had not occurred. Source: SL 1966, ch 150, §10-102; SDCL, §57-40-2.
SD Codified L § 57A-11-101 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 11 - Effective Date And Transition Provisions For 1983 Amendments|Section 57A-11-101 - Effective date.

57A-11-101.Effective date.This 1983 Act shall become effective at 12:01 a. m. on July 1, 1983. Source: SDCL, §57A-11-101, enacted by SL 1982, ch 347, §38; SL 1983, ch 367, §7.
SD Codified L § 57A-11-101(a) (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 11 - Effective Date And Transition Provisions For 1983 Amendments|Section 57A-11-101(a) - Transition to 1999 Act--General rule.

57A-11-101A. Transition to 1999 Act--General rule.A transaction arising out of or associated with a letter of credit that was issued before July 1, 1999, and the rights, obligations, and interests flowing from that transaction are governed by any statute or other law amended or repealed by this Act as if repeal or amendment had not occurred and may be terminated, completed, consummated, or enforced under that statute or other law. Source: SL 1998, ch 283, §§4, 5.
SD Codified L § 57A-11-102 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 11 - Effective Date And Transition Provisions For 1983 Amendments|Section 57A-11-102 - Preservation of old transition provision.

57A-11-102. Preservation of old transition provision.The provisions of Title 57A in effect on July 1, 1983 shall continue to apply to this 1982 Act and for this purpose Title 57A in effect on July 1, 1983 and this 1982 Act shall be considered one continuous statute. Source: SDCL, §57A-11-102, enacted by SL 1982, ch 347, §38; SL 1983, ch 367, §7.
SD Codified L § 57A-11-103 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 11 - Effective Date And Transition Provisions For 1983 Amendments|Section 57A-11-103 - Transition to 1983 Act--General rule.

57A-11-103. Transition to 1983 Act--General rule.Transactions validly entered into after the dates set by §57A-10-101 and before July 1, 1983, and which were subject to the provisions of Title 57A and which would be subject to this 1983 Act as amended if they had been entered into after July 1, 1983 and the rights, duties and interests flowing from such transactions remain valid after the latter date and may be terminated, completed, consummated or enforced as required or permitted by this 1983 Act. Security interests arising out of such transactions which are perfected when this 1983 Act becomes effective shall remain perfected until they lapse as provided in this 1983 Act, and may be continued as permitted by this 1983 Act, except as stated in §57A-11-105. Source: SDCL, §57A-11-103, enacted by SL 1982, ch 347, §38; SL 1983, ch 367, §7.
SD Codified L § 57A-11-104 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 11 - Effective Date And Transition Provisions For 1983 Amendments|Section 57A-11-104 - Transition provision on change of requirement of filing.

57A-11-104. Transition provision on change of requirement of filing.A security interest for the perfection of which filing or the taking of possession was required under Title 57A and which attached prior to July 1, 1983 but was not perfected shall be deemed perfected on July 1, 1983 if this 1983 Act permits perfection without filing or authorizes filing in the office or offices where a prior ineffective filing was made. Source: SDCL, §57A-11-104, enacted by SL 1982, ch 347, §38; SL 1983, ch 367, §7.
SD Codified L § 57A-11-105 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 11 - Effective Date And Transition Provisions For 1983 Amendments|Section 57A-11-105 - Transition provision on change of place of filing.

57A-11-105. Transition provision on change of place of filing.(1)A financing statement or continuation statement filed prior to July 1, 1983 which shall not have lapsed prior to July 1, 1983 shall remain effective for the period provided in Title 57A, but not less than five years after the filing.(2)With respect to any collateral acquired by the debtor subsequent to July 1, 1983, any effective financing statement or continuation statement described in this section shall apply only if the filing or filings are in the office or offices that would be appropriate to perfect the security interests in the new collateral under this 1983 Act.(3)The effectiveness of any financing statement or continuation statement filed prior to July 1, 1983 may be continued by a continuation statement as permitted by this 1983 Act, except that if this 1983 Act requires a filing in an office where there was no previous financing statement, a new financing statement conforming to §57A-11-106 shall be filed in that office.(4)If the record of a mortgage of real estate would have been effective as a fixture filing of goods described therein if this 1983 Act had been in effect on the date of recording the mortgage, the mortgage shall be deemed effective as a fixture filing as to such goods under subsection (6) of §57A-9-402 of this 1983 Act on July 1, 1983. Source: SDCL, §57A-11-105, enacted by SL 1982, ch 347, §38; SL 1983, ch 367, §7.
SD Codified L § 57A-11-106 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 11 - Effective Date And Transition Provisions For 1983 Amendments|Section 57A-11-106 - Required refilings.

57A-11-106. Required refilings.(1)If a security interest is perfected or has priority when this 1983 Act takes effect as to all persons or as to certain persons without any filing or recording, and if the filing of a financing statement would be required for the perfection or priority of the security interest against those persons under this 1983 Act, the perfection and priority rights of the security interest continue until three years after July 1, 1983. The perfection will then lapse unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing.(2)If a security interest is perfected when this 1983 Act takes effect under a law other than the Uniform Commercial Code which requires no further filing, refiling or recording to continue its perfection, perfection continues until and will lapse three years after this 1983 Act takes effect, unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing, or unless under subsection (3) of §57A-9-302 the other law continues to govern filing.(3)If a security interest is perfected by a filing, refiling or recording under a law repealed by this 1983 Act which required further filing, refiling or recording to continue its perfection, perfection continues and will lapse on the date provided by the law so repealed for such further filing, refiling or recording unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing.(4)A financing statement may be filed within six months before the perfection of a security interest would otherwise lapse. Any such financing statement may be signed by either the debtor or the secured party. It must identify the security agreement, statement or notice (however denominated in any statute or other law repealed or modified by this 1983 Act), state the office where and the date when the last filing, refiling or recording, if any, was made with respect thereto, and the filing number, if any, or book and page, if any, of recording and further state that the security agreement, statement or notice, however denominated, in another filing office under the Uniform Commercial Code or under any statute or other law repealed or modified by this 1983 Act is still effective. Sections 57A-9-401 and 57A-9-103 determine the proper place to file such a financing statement. Except as specified in this section, the provisions of §57A-9-403(3) for continuation statements apply to such a financing statement. Source: SDCL, §57A-11-106, enacted by SL 1982, ch 347, §38; SL 1983, ch 367, §7.
SD Codified L § 57A-11-107 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 11 - Effective Date And Transition Provisions For 1983 Amendments|Section 57A-11-107 - Transition provisions as to priorities.

57A-11-107. Transition provisions as to priorities.Except as otherwise provided in this chapter, Title 57A shall apply to any questions of priority if the positions of the parties were fixed prior to July 1, 1983. In other cases questions of priority shall be determined by this 1983 Act. Source: SDCL, §57A-11-107, enacted by SL 1982, ch 347, §38; SL 1983, ch 367, §7.
SD Codified L § 57A-11-108 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 11 - Effective Date And Transition Provisions For 1983 Amendments|Section 57A-11-108 - Presumption that rule of law continues unchanged.

57A-11-108. Presumption that rule of law continues unchanged.Unless a change in law has clearly been made, the provisions of this 1983 Act shall be deemed declaratory of the meaning of Title 57A. Source: SDCL, §57A-11-108, enacted by SL 1982, ch 347, §38; SL 1983, ch 367, §7.
SD Codified L § 58-1-1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-1 - Citation of title.

58-1-1. Citation of title.This title shall be known as the Insurance Code. Source: SL 1966, ch 111, §1.
SD Codified L § 58-1-3 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-3 - Exemption from title of certain entities and transactions.

58-1-3. Exemption from title of certain entities and transactions.No provision of this title applies with respect to:(1)Fraternal benefit societies, except as stated in chapter 58-37A;(2)Bail bondsmen, other than corporate sureties and their agents, except as stated in chapter 58-22;(3)Motor vehicle service contracts which are contracts or agreements to perform or indemnify for a specific duration the repair, replacement, or maintenance of motor vehicles for operational or structural failure due to a defect in materials, workmanship, or normal wear and tear, with or without additional provisions for incidental payment of indemnity under limited circumstances, including towing, rental, and emergency road service. Consideration for a motor vehicle service contract shall be stated separately from the price of the motor vehicle;(4)Service agreements or extended warranty plans for which the primary purpose is to provide service, repair, or replacement on consumer goods or products including appliances, merchandise, or equipment, or mechanical/electrical systems in single or multiple-family dwellings. Incidental indemnity payments under such plans where service, repair, or replacement is not feasible or economical does not void this exemption;(5)Any person, trust, or other entity proven to be under the exclusive regulatory authority of the federal government or another state agency;(6)Any agreement to provide liability protection entered into pursuant to chapter 1-24 is exempt from the regulatory requirements of Title 58, except to forms of insurance coverage provided by an insurer otherwise subject to the insurance laws of this state;(7)Any church plan, as defined in section 414(e) of the Internal Revenue Code of 1986, as amended through December 31, 1999, and section (3)(33)(C)(i) of the Employee Retirement Income Security Act of 1974 (29 U.S. C. §1002(33)(C)(i)); or any church benefits board, as described in section 414(e)(3)(A) of the Internal Revenue Code of 1986, as amended through December 31, 1999, and section (3)(33)(C)(i) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. §1002(33)(C)(i));(8)Any debt cancellation contract or debt suspension contract as defined by subdivisions 51A-1-2(10) and 51A-1-2(11) and §§54-4-73 and 54-4-74; or(9)Any damage guarantee program for renters administered by a nonprofit corporation that is recognized as an exempt organization under §501(c)(3) of the Internal Revenue Code and whose mission is to increase the availability of affordable housing to low and moderate income tenants. Source: SL 1966, ch 111, ch 1, §3; SL 1980, ch 348, §2; SL 1983, ch 370, §1; SL 1987, ch 75, §4; SL 1998, ch 286, §1; SL 2000, ch 232, §1; SL 2000, ch 233, §1; SL 2001, ch 263, §3; SL 2004, ch 290, §3; SL 2004, ch 296, §1; SL 2006, ch 249, §1; SL 2012, ch 235, §5.
SD Codified L § 58-1-3.1 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-3.1 - Application to business including medical, surgical, or hospital care benefits.

58-1-3.1. Application to business including medical, surgical, or hospital care benefits.Notwithstanding any other provision of law, any person, trust, or other entity transacting the business of insurance within this state shall comply with the applicable provisions of the Insurance Code, unless specifically exempted by §58-1-3, when the business transacted includes benefits for medical, surgical, or hospital care, whether the coverage is by direct payment, reimbursement, or otherwise. Source: SL 1983, ch 370, §2.
SD Codified L § 58-1-3.2 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-3.2 - Direct response and mass marketing as insurance transaction.

58-1-3.2. Direct response and mass marketing as insurance transaction.The Division of Insurance may regulate a person, trust, or other entity using direct response or mass market advertising within this state regardless of the source of the direct response or mass marketing advertisement if the advertisement is intended to place insurance within the state. Source: SL 1983, ch 370, §3; SL 2001, ch 286, §57.
SD Codified L § 58-1-3.3 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-3.3 - Health care sharing ministries exempt from title.

58-1-3.3. Health care sharing ministries exempt from title.A health care sharing ministry may not be considered to be engaging in the business of insurance under Title 58.For purposes of this section, a health care sharing ministry is a faith-based, nonprofit organization that is tax exempt under the Internal Revenue Code and:(1)Limits its participants to those who are of a similar faith;(2)Acts as a facilitator among participants who have financial or medical needs and matches those participants with other participants with the present ability to assist those with financial or medical needs in accordance with criteria established by the health care sharing ministry;(3)Provides for the financial or medical needs of a participant through contributions from one participant to another;(4)Provides amounts that participants may contribute with no assumption of risk or promise to pay among the participants and no assumption of risk or promise to pay by the health care sharing ministry to the participants;(5)Provides a written monthly statement to all participants that lists the total dollar amount of qualified needs submitted to the health care sharing ministry, as well as the amount actually published or assigned to participants for their contribution; and(6)Provides a written disclaimer on or accompanying all applications and guideline materials distributed by or on behalf of the organization that reads, in substance:"Notice: The organization facilitating the sharing of medical expenses is not an insurance company, and neither its guidelines nor plan of operation is an insurance policy. Whether anyone chooses to assist you with your medical bills will be totally voluntary because no other participant will be compelled by law to contribute toward your medical bills. As such, participation in the organization or a subscription to any of its documents should never be considered to be insurance. Regardless of whether you receive any payments for medical expenses or whether this organization continues to operate, you are always personally responsible for the payment of your own medical bills." Source: SL 2012, ch 240, §§1, 2.
SD Codified L § 58-1-3.4 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-3.4 - Health benefit plan--Agricultural organization--Exemption.

58-1-3.4. Health benefit plan--Agricultural organization--Exemption. A health benefit plan is not insurance and is not subject to this title, if:(1)The plan provides health benefits under a self-funded arrangement, administered by an entity licensed as a third-party administrator in accordance with chapter 58-29D; and(2)The plan is sponsored by a nonprofit agricultural organization that:(a)Is domiciled in this state;(b)Was created primarily to promote programs for the development of rural communities and the economic stability and sustainability of farmers in this state, as shown by its articles of incorporation;(c)Has been in existence for at least twenty-five continuous years, prior to the issuance of health benefits to members of the organization;(d)Provides membership opportunities for eligible persons in each county;(e)Collects annual dues from the members;(f)Holds regular meetings to further the purposes of the members;(g)Provides the members with representation on the governing board and committees; and(h)Contracts with the third-party administrator, referenced in this section, for administration of the health benefit plan.A health benefit plan described in this section may be sold or solicited only by an insurance producer who is both appointed by an organization meeting the requirements of this section and licensed as an insurance provider to sell or solicit health insurance in accordance with chapter 58-30.Before providing health benefits under a self-funded plan, as authorized by this section, an organization shall file a certification with the Division of Insurance, at the time and in the manner directed by the division, verifying that the organization meets the requirements of this section.The risk assumed by a health benefit plan under such health care benefit coverage must be reinsured by a company authorized to do business in this state. The company providing reinsurance coverage to the plan shall annually file, at the time and in the manner directed by the division, any risk distribution arrangements entered into between the plan and the reinsurance carrier and a signed, certified actuarial statement of plan reserves and the existence of reinsurance coverage.Any health benefit plan application for coverage and any contract provided to a member must prominently state that the health benefit plan is not insurance, that the plan is not provided by an insurance company, that the plan is not subject to the laws and rules governing insurance, and that the plan is not subject to the jurisdiction of the division. Source: SL 2021, ch 208, § 1.
SD Codified L § 58-1-4 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-4 - Particular provisions prevail.

58-1-4. Particular provisions prevail.Provisions of this title relative to a particular kind of insurance or a particular type of insurer or to a particular matter shall prevail over provisions relating to insurance in general or insurers in general or to such matter in general. Source: SL 1966, ch 111, ch 1, §5.
SD Codified L § 58-1-5 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-5 - Compliance required.

58-1-5. Compliance required.No person shall engage in or transact an insurance business in South Dakota, or act relative to a subject of insurance resident, located or to be performed in South Dakota, without complying with the applicable provisions of this title. Source: SL 1966, ch 111, ch 1, §1.
SD Codified L § 58-1-7 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-7 - Local licenses and taxes prohibited.

58-1-7. Local licenses and taxes prohibited.No county or first or second class municipality of this state may require that any insurer, or any insurance producer obtain a certificate of authority or license to transact an insurance business in such county or municipality; and no county or municipality may levy any occupational tax or fee for transacting any such business. This section does not preempt or prevent the taxation and regulation of persons engaged in the bail bond business other than corporate sureties and their agents who are required to qualify and be licensed by the provisions of this title. Source: SL 1966, ch 111, ch 1, §4; SL 1992, ch 60, §2; SL 2001, ch 286, §58.
SD Codified L § 58-1-9 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-9 - Existing certificates of authority--Renewal, suspension, revocation, or termination.

58-1-9. Existing certificates of authority--Renewal, suspension, revocation, or termination.Every certificate of authority of an insurer in force immediately prior to July 1, 1966, and existing under any law repealed by chapter 111 of the Session Laws of 1966, shall be subject to renewal, suspension, revocation, or termination as though originally issued under this title. Source: SL 1966, ch 111, ch 1, §8.
SD Codified L § 58-1-10 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-10 - Existing licenses--Renewal, suspension, revocation or termination.

58-1-10. Existing licenses--Renewal, suspension, revocation or termination.Every license of an insurance producer in force immediately prior to July 1, 1966, and existing under any law herein repealed by chapter 111 of the Session Laws of 1966, shall be subject to renewal, suspension, revocation, or termination as though originally issued under this title. Source: SL 1966, ch 111, ch 1, §9; SL 2001, ch 286, §59.
SD Codified L § 58-1-11 (2021)
2021 South Dakota Codified Laws|Title 58 - Insurance|Chapter 01 - Definitions And General Provisions|Section 58-1-11 - General saving clause.

58-1-11. General saving clause.Enactment of this title shall not impair or affect any act done, offense committed or right accruing, accrued, or acquired, or liability, penalty, forfeiture, or punishment incurred prior to July 1, 1966, but the same may be enjoyed, asserted, enforced, prosecuted, or inflicted, as fully and to the same extent as if this enactment had not been passed. Source: SL 1966, ch 111, ch 1, §10.