reglab/housing_qa huggingface dataset:
SD Codified L § 59-12-34 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-34 - Claims and litigation.

59-12-34. Claims and litigation.Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:(1)Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;(2)Bring an action to determine adverse claims or intervene or otherwise participate in litigation;(3)Seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree;(4)Make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation;(5)Submit to alternative dispute resolution, settle, and propose or accept a compromise;(6)Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;(7)Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value;(8)Pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and(9)Receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation. Source: SL 2020, ch 214, § 34.
SD Codified L § 59-12-35 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-35 - Personal and family maintenance.

59-12-35. Personal and family maintenance.(1)Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to:(a)Perform the acts necessary to maintain the customary standard of living of the principal, the principal's spouse, and the following individuals, whether living when the power of attorney is executed or later born:(i)The principal's minor children;(ii)Other individuals legally entitled to be supported by the principal; and (iii)The individuals whom the principal has customarily supported or indicated the intent to support;(b)Make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;(c)Provide living quarters for the individuals described in subsection (1)(a) by:(i)Purchase, lease, or other contract; or(ii)Paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals;(d)Provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in subsection (1)(a);(e)Pay expenses for necessary health care and custodial care on behalf of the individuals described in subsection (1)(a);(f)Act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, sections 1171 to 1179, inclusive, of the Social Security Act, 42 U.S. C. § 1320(d), and applicable regulations, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this state to consent to health care on behalf of the principal;(g)Continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in subsection (1)(a);(h)Maintain credit and debit accounts for the convenience of the individuals described in subsection (1)(a) and open new accounts; and(i)Continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations.(2)Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under this chapter. Source: SL 2020, ch 214, § 35.
SD Codified L § 59-12-36 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-36 - Benefits from governmental programs or civil or military service.

59-12-36. Benefits from governmental programs or civil or military service.(1)For purposes of this section, the terms, benefits from governmental programs, or civil or military service, mean any benefit, program, or assistance provided under a statute or regulation including but not limited to, Social Security, Medicare, and Medicaid.(2)Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:(a)Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or political subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in subsection 59-12-35(1)(a), and for shipment of their household effects;(b)Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose;(c)Enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program;(d)Prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation;(e)Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and(f)Receive the financial proceeds of a claim described in paragraph (d) and conserve, invest, disburse, or use for a lawful purpose anything so received. Source: SL 2020, ch 214, § 36.
SD Codified L § 59-12-37 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-37 - Retirement plans.

59-12-37. Retirement plans.(1)For purposes of this section, the term, retirement plan, means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code:(a)An individual retirement account under 26 U.S.C. § 408;(b)A Roth individual retirement account under 26 U.S.C. § 408A;(c)A deemed individual retirement account under 26 U.S.C. § 408(q);(d)An annuity or mutual fund custodial account under 26 U.S. C. § 403(b);(e)A pension, profit-sharing, stock bonus, or other retirement plan qualified under 26 U.S.C. § 401(a);(f)A plan under 26 U.S.C. § 457(b); and(g)A nonqualified deferred compensation plan under 26 U.S.C. § 409A.(2)Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:(a)Select the form and timing of payments under a retirement plan and withdraw benefits from a plan;(b)Make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;(c)Establish a retirement plan in the principal's name;(d)Make contributions to a retirement plan;(e)Exercise investment powers available under a retirement plan; and(f)Borrow from, sell assets to, or purchase assets from a retirement plan. Source: SL 2020, ch 214, § 37.
SD Codified L § 59-12-38 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-38 - Taxes.

59-12-38. Taxes.Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to:(1)Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under 26 U.S.C. § 2032A, closing agreements, and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following twenty-five tax years;(2)Pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority;(3)Exercise any election available to the principal under federal, state, local, or foreign tax law; and(4)Act for the principal in all tax matters for all periods before the Internal Revenue Service, or other taxing authority. Source: SL 2020, ch 214, § 38.
SD Codified L § 59-12-39 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-39 - Gifts.

59-12-39. Gifts.(1)For purposes of this section, a gift "for the benefit of" a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act (1983/1986), and a tuition savings account or prepaid tuition plan as defined under 26 U.S.C. § 529.(2)Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent only to:(a)Make outright to, or for the benefit of, a person, a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under 26 U.S.C. § 2503(b), without regard to whether the federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to consent to a split gift pursuant to 26 U.S.C. § 2513, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and(b)Consent, pursuant to 26 U.S. C. § 2513, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.(3)An agent may make a gift of the principal's property only as the agent determines is consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors, including but not limited to:(a)The value and nature of the principal's property;(b)The principal's foreseeable obligations and need for maintenance;(c)Minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes;(d)Eligibility for a benefit, a program, or assistance under a statute or regulation; and(e)The principal's personal history of making or joining in making gifts. Source: SL 2020, ch 214, § 39.
SD Codified L § 59-12-40 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-40 - Effect on existing powers of attorney.

59-12-40. Effect on existing powers of attorney.Except as otherwise provided in this chapter:(1)This chapter applies to a power of attorney created on, or after July 1, 2020;(2)This chapter applies to a judicial proceeding concerning a power of attorney commenced on or after July 1, 2020;(3)This chapter applies to a judicial proceeding concerning a power of attorney commenced before July 1, 2020, unless the court finds that application of a provision of this chapter would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and(4)An act done before July 1, 2020 is not affected by this chapter. Source: SL 2020, ch 214, § 40.
SD Codified L § 59-12-42 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-42 - Statutory form--Agent's certification.

59-12-42. Statutory form--Agent's certification.The following optional form may be used by an agent to certify facts concerning a power of attorney. The provisions of §§ 43-28-23 and 7-9-1 apply to any power of attorney that is to be recorded with the register of deeds.AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITYState of ______________________))SS. AFFIDAVITCounty of_____________________)I, _____________________________________________ (Name of Agent), certify under penalty of perjury that _____________________________________(Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated _____________________, 2____.I further certify that to my knowledge:(1)The Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated;(2)If the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;(3)If I was named as a successor agent, the prior agent is no longer able or willing to serve; and(4)_____________________________________________________________________________________________________________________________________________________________________________________________________(Insert other relevant statements)SIGNATURE AND ACKNOWLEDGMENT___________________________________________________________, 2____Agent's Signature Date____________________________________________Agent's Name PrintedAgent's Address____________________________________________Agent's Telephone Number____________________________________________State of ____________________________ ))SS.County of___________________________)This Agent's Certification as to the Validity of Power of Attorney and Agent's Authority document was acknowledged before me on _____________________, 2_____ by ___________________________________. (Date) (Name of Agent)____________________________________________(Seal)Signature of Notary PublicMy commission expires: Source: SL 2020, ch 214, § 42.
SD Codified L § 59-12-43 (2021)
2021 South Dakota Codified Laws|Title 59 - Agency|Chapter 12 - Uniform Power Of Attorney Act|Section 59-12-43 - Statutory form--Revocation.

59-12-43. Statutory form--Revocation.A document substantially in the following form may be used to create a statutory form revocation of power of attorney that has the meaning and effect prescribed by this chapter. The provisions of §§ 43-28-23 and 7-9-1 apply to any power of attorney that is to be recorded with the register of deeds.SOUTH DAKOTASTATUTORY FORM REVOCATION OF POWER OF ATTORNEYIMPORTANT INFORMATIONThis revocation of power of attorney revokes a previously executed power of attorney including any nominations of guardian or conservator made within that instrument. This revocation does not revoke any power of attorney authorizing the agent to make health-care decisions for you. You should immediately deliver copies of this revocation to any person, institution, or companythat has a copy of the original power of attorney.REVOCATION OF POWER OF ATTORNEYI ________________________________ previously executed a Statutory Form Power of(Name of Principal)Attorney with a date of ______________________, 2____ and named the following person as my agent:Name of Agent: _________________________________Agent's Address: _________________________________Agent's Telephone Number: _________________________I also named the following successor agent(s):Name of Successor Agent: _____________________________Successor Agent's Address: _____________________________Successor Agent's Telephone Number: ______________________Name of Second Successor Agent: ___________________________Second Successor Agent's Address: _________________________Second Successor Agent's Telephone Number: _________________I now hereby revoke that Statutory Form Power of Attorney.EFFECTIVE DATEThis revocation of power of attorney is effective immediately.SIGNATURE AND ACKNOWLEDGMENT____________________________________________ ______________, 2____Your Signature Date____________________________________________Your Name Printed____________________________________________Your Address____________________________________________Your Telephone NumberState of ____________________________ ))SS.County of ___________________________)This Statutory Form Revocation of Power of Attorney document was acknowledged before me on _____________________, 2_____ by ___________________________________. (Date) (Name of Principal)____________________________________________ (Seal)Signature of Notary PublicMy commission expires: Source: SL 2020, ch 214, § 43.
SD Codified L § 60-1-1 (2021)
2021 South Dakota Codified Laws|Title 60 - Labor and Employment|Chapter 01 - Nature And Terms Of Employment|Section 60-1-1 - Employee defined.

60-1-1. Employee defined.An employee is a person who is employed to render personal service to an employer otherwise than in the pursuit of an independent calling, and who in such service remains entirely under the control and direction of the employer. Source: CivC 1877, §1157; CL 1887, §3780; RCivC 1903, §1476; RC 1919, §1100; SDC 1939, §17.0501; SL 2008, ch 276, §5.
SD Codified L § 60-1-2 (2021)
2021 South Dakota Codified Laws|Title 60 - Labor and Employment|Chapter 01 - Nature And Terms Of Employment|Section 60-1-2 - Contract of employment defined.

60-1-2. Contract of employment defined.The contract of employment is one where the employer engages the employee to do something for the employer or for a third person. Source: CivC 1877, §1128; CL 1887, §3751; RCivC 1903, §1447; RC 1919, §1071; SDC 1939, §17.0101.
SD Codified L § 60-1-3 (2021)
2021 South Dakota Codified Laws|Title 60 - Labor and Employment|Chapter 01 - Nature And Terms Of Employment|Section 60-1-3 - Relevancy of wage estimation period in determining term of employment.

60-1-3. Relevancy of wage estimation period in determining term of employment.The length of time which an employer and employee adopt for the estimation of wages is relevant to a determination of the term of employment. Source: CivC 1877, §1158; CL 1887, §3781; RCivC 1903, §1477; RC 1919, §1101; SDC 1939, §17.0502; SL 1985, ch 394.
SD Codified L § 60-1-4 (2021)
2021 South Dakota Codified Laws|Title 60 - Labor and Employment|Chapter 01 - Nature And Terms Of Employment|Section 60-1-4 - Presumption as to monthly hiring.

60-1-4. Presumption as to monthly hiring.In the absence of any agreement or custom as to the rate or value of wages, the term of service, or the time of payment, an employee is presumed to be hired by the month at a monthly rate of reasonable wages, to be paid when the service is performed. Source: CivC 1877, §1159; CL 1887, §3782; RCivC 1903, §1478; RC 1919, §1102; SDC 1939, §17.0503.
SD Codified L § 60-1-5 (2021)
2021 South Dakota Codified Laws|Title 60 - Labor and Employment|Chapter 01 - Nature And Terms Of Employment|Section 60-1-5 - Continuation in service--Renewal presumed on same terms.

60-1-5. Continuation in service--Renewal presumed on same terms.Where after the expiration of an agreement respecting the wages and the term of service the parties continue the relation of employer and employee, they are presumed to have renewed the agreement for the same wages and term of service. Source: CivC 1877, §1160; CL 1887, §3783; RCivC 1903, §1479; RC 1919, §1103; SDC 1939, §17.0504.
SD Codified L § 60-1-6 (2021)
2021 South Dakota Codified Laws|Title 60 - Labor and Employment|Chapter 01 - Nature And Terms Of Employment|Section 60-1-6 - Franchisee or employee of franchisee not an employee of franchisor.

60-1-6. Franchisee or employee of franchisee not an employee of franchisor.Notwithstanding any other provisions of law or any voluntary agreement between the United States Department of Labor and a franchisor, a franchisee or an employee of a franchisee is not considered an employee of the franchisor. Source: SL 2017, ch 216, §1.
SD Codified L § 60-2-1 (2021)
2021 South Dakota Codified Laws|Title 60 - Labor and Employment|Chapter 02 - Obligations Of Employer And Employee|Section 60-2-1 - Indemnification of employee by employer--Exceptions.

60-2-1. Indemnification of employee by employer--Exceptions.An employer shall indemnify an employee, except as provided in §60-2-2 for all that the employee necessarily expends or loses in direct consequence of the discharge of the employee's duties, or of the employee's obedience to the direction of the employer, even though unlawful, unless the employee at the time of obeying such directions believed such directions to be unlawful. Source: CivC 1877, §1129; CL 1887, §3752; RCivC 1903, §1448; RC 1919, §1072; SDC 1939, §17.0201; SL 2008, ch 276, §6.
SD Codified L § 60-2-2 (2021)
2021 South Dakota Codified Laws|Title 60 - Labor and Employment|Chapter 02 - Obligations Of Employer And Employee|Section 60-2-2 - Losses for which employer not required to indemnify employee.

60-2-2. Losses for which employer not required to indemnify employee.An employer, except as otherwise specially provided, is not bound to indemnify an employee for losses suffered by the employee in consequence of the ordinary risks of the business in which employed, nor in consequence of the negligence of another person employed by the same employer in the same general business, unless the employer has neglected to use ordinary care in the selection of the culpable employee. Source: CivC 1877, §1130; CL 1887, §3753; RCivC 1903, §1449; RC 1919, §1073; SDC 1939, §17.0202; SL 2008, ch 276, §7.
SD Codified L § 60-2-3 (2021)
2021 South Dakota Codified Laws|Title 60 - Labor and Employment|Chapter 02 - Obligations Of Employer And Employee|Section 60-2-3 - Employer to indemnify for his own negligence.

60-2-3. Employer to indemnify for his own negligence.An employer shall in all cases indemnify an employee for losses caused by the employer's want of ordinary care. Source: CivC 1877, §1131; CL 1887, §3754; RCivC 1903, §1450; RC 1919, §1074; SDC 1939, §17.0203; SL 2008, ch 276, §8.