reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-38 - Successor asbestos-related liabilities defined.

20-9-38. Successor asbestos-related liabilities defined.
For the purposes of §§20-9-36 to 20-9-43, inclusive, successor asbestos-related liabilities are any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due to become due, which are related to asbestos claims and were assumed or incurred by a corporation as a result of, or in connection with, a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation with or into another corporation, or that are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. The term includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined, pursuant to §20-9-41, were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in this state or another jurisdiction.
Source:
SL 2010, ch 110, §3.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-39 - Limitation on cumulative successor asbestos-related liabilities.

20-9-39. Limitation on cumulative successor asbestos-related liabilities.
The cumulative successor asbestos-related liabilities of any successor corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The successor corporation does not have responsibility for successor asbestos-related liabilities in excess of this limitation.
Source:
SL 2010, ch 110, §4.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-40 - Limitation where transferor assumed or incurred liabilities of prior transferor.

20-9-40. Limitation where transferor assumed or incurred liabilities of prior transferor.
If the transferor had assumed or incurred successor asbestos-related liabilities or liabilities in connection with a prior merger or consolidation with a prior transferor, then the fair market value of the total assets of the prior transferor determined as of the time of the earlier merger or consolidation shall be substituted for the limitation set forth in §20-9-39 for purposes of determining the limitation of liability of a successor corporation.
Source:
SL 2010, ch 110, §5.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-41 - Total gross assets defined--Determination of fair market value.

20-9-41. Total gross assets defined--Determination of fair market value.
Any successor corporation may establish the fair market value of total gross assets for the purpose of the limitations under §§20-9-39 and 20-9-40 through any method reasonable under the circumstances, including:
(1)By reference to the going concern value of the assets or to the purchase price attributable to, or paid for, the assets in arms-length transactions; or
(2)In the absence of other readily available information from which the fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.
Total gross assets include intangible assets. To the extent total gross assets include any liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, the applicability, terms, conditions, and limits of such insurance are not affected by this section, nor does this section otherwise affect the rights and obligations of an insurer, transferor, or successor under any insurance contract or any related agreements, including pre-enactment settlements resolving coverage-related disputes, and the rights of an insurer to seek payment for applicable deductibles, retrospective premiums, or self-insured retentions or to seek contribution from a successor for uninsured or self-insured periods or periods where insurance is uncollectible or otherwise unavailable. Without limiting the foregoing, to the extent total gross assets include any such liability insurance, a settlement of a dispute concerning any such liability insurance coverage entered into by a transferor successor with the insurers of the transferor before the date of enactment of §§20-9-36 to 20-9-43, inclusive, shall be determinative of the total coverage of such liability insurance to be included in the calculation of the transferor's total gross assets.
Source:
SL 2010, ch 110, §6.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-42 - Adjustment of fair market value of total gross assets.

20-9-42. Adjustment of fair market value of total gross assets.
The fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of the prime rate as listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition of the Wall Street Journal, in which case any reasonable determination of the prime rate on the first day of the year may be used, plus one percent. This rate may not be compounded. The adjustment of the fair market value of total gross assets shall continue as provided in this section until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the successor corporation or a predecessor or by or on behalf of a transferor after the time of the merger or consolidation for which the fair market value of total gross assets is determined.
No adjustment of the fair market value of total gross assets may be applied to any liability insurance that may be included in the definition of total gross assets by §20-9-41.
Source:
SL 2010, ch 110, §7.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-43 - Exclusions from limitation on cumulative successor asbestos-related liabilities.

20-9-43. Exclusions from limitation on cumulative successor asbestos-related liabilities.
The provisions of §§20-9-39 and 20-9-40 do not apply to any of the following:
(1)Workers' compensation benefits paid by or on behalf of an employer to an employee under the provisions of Title 62, or a comparable workers' compensation law of another jurisdiction;
(2)Any claim against a corporation that does not constitute a successor asbestos-related liability;
(3)Any obligation under the National Labor Relations Act, 29 U.S.C. section 151, et seq., or under any collective bargaining agreement; or
(4)A successor that, after a merger or consolidation, continued in the business of mining asbestos or in the business of selling or distributing asbestos fibers or in the business of manufacturing, distributing, removing, or installing asbestos-containing products which were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor.
Source:
SL 2010, ch 110, §8.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-44 - Limitation of action for personal injury or death caused by negligence of directors and officers of nonprofit fire, ambulance, or search and rescue entity or its employees and volunteers.

20-9-44. Limitation of action for personal injury or death caused by negligence of directors and officers of nonprofit fire, ambulance, or search and rescue entity or its employees and volunteers.
Any action for recovery of damages for personal injury or death caused by the negligence of directors and officers of a nonprofit fire, ambulance, or search and rescue entity organized or incorporated in the State of South Dakota, or its employees and volunteers authorized by the nonprofit organization at the time of the alleged negligent act shall be commenced within two years from the occurrence of the accident causing the injury or death. This section applies whether such person is classified, unclassified, licensed, certified, permanent, temporary, compensated, or not compensated.
Source:
SL 2013, ch 103, §2.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-45 - Immunity from liability for nonprofit fire, ambulance, or search and rescue entity and its volunteer officers and directors.

20-9-45. Immunity from liability for nonprofit fire, ambulance, or search and rescue entity and its volunteer officers and directors.
A nonprofit fire, ambulance, or search and rescue entity organized or incorporated in the State of South Dakota and its volunteer officers and directors are immune from civil liability for any action brought in any court in this state on the basis of any act or omission resulting in damage or injury if:
(1)The individual was acting in good faith and within the scope of such individual's official functions and duties for the nonprofit organization or corporation; and
(2)The damage or injury was not caused by gross negligence or willful and wanton misconduct by such individual.
Source:
SL 2013, ch 103, §3.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-46 - Wrongful human trafficking.

20-9-46. Wrongful human trafficking.
A victim of human trafficking pursuant to chapter 22-49, or any federal human trafficking offense, may bring a civil cause of action for wrongful human trafficking.
Source:
SL 2014, ch 107, §1.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-47 - Definitions pertaining to fishing tournaments.

20-9-47. Definitions pertaining to fishing tournaments.
Terms used in §§20-9-47 to 20-9-51, inclusive, mean:
(1)"Fishing," the riding, driving, or being a passenger in a boat or watercraft used in a fishing tournament, or any person assisting a participant or show management. The term does not include being a spectator at a fishing tournament;
(2)"Fishing tournament," an organized competition among fishermen, usually as a series of competition events centered around or on a specific body of water, with specific rules applying to each event;
(3)"Fishing tournament sponsor," any individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, that supports, organizes, or provides the facilities for a fishing tournament;
(4)"Fishing professional," any person engaged for compensation in instructing a participant or renting to a participant a boat, watercraft or other equipment for the purpose of fishing in a fishing tournament;
(5)"Inherent risks of fishing," those dangers or conditions that are an integral part of fishing, including:
(a)The unpredictability of the weather and environment in the area the fishing occurs;
(b)Certain hazards such as surface and subsurface conditions of the body of water at or on which the fishing occurs;
(c)Collisions with other boats, watercrafts, vehicles, ice shacks, or objects;
(d)If engaged in a fishing tournament, the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the boat or watercraft or not acting within the participant's ability;
(6)"Participant," any person, whether amateur or professional, who engages in a fishing tournament, whether or not a fee is paid to participate in a fishing tournament.
Source:
SL 2016, ch 115, §1.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-48 - Limited liability of fishing tournament sponsors.

20-9-48. Limited liability of fishing tournament sponsors.
No fishing tournament sponsor is liable for an injury to, or the death of, a participant resulting from the inherent risks of fishing.
Source:
SL 2016, ch 115, §2.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-49 - Circumstances under which liability of fishing tournament sponsor and others not limited.

20-9-49. Circumstances under which liability of fishing tournament sponsor and others not limited.
Nothing in §§20-9-47 to 20-9-51, inclusive, prevents or limits the liability of a fishing tournament sponsor, a fishing professional, or any other person if the fishing tournament sponsor, fishing professional, or other person:
(1)Provides the equipment, boat, or watercraft, and knew or should have known that the equipment, boat, or watercraft was faulty, and the equipment, boat, or watercraft was faulty to the extent that it causes the injury; or provides the equipment, boat, or watercraft and fails to make reasonable and prudent efforts to determine the proper operating licensure and ability of the participant to engage safely in the fishing tournament and determine the ability of the participant to safely manage the equipment, boat, or watercraft based on the participant's representations of the participant's ability;
(2)Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustains any injury because of a dangerous latent condition that was known to the fishing tournament sponsor, fishing professional, or person and for which warning signs had not been conspicuously posted;
(3)Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that causes the injury; or
(4)Intentionally injures the participant.
Source:
SL 2016, ch 115, §3.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-50 - Fishing professionals and tournament sponsors liable for warranty and trespass.

20-9-50. Fishing professionals and tournament sponsors liable for warranty and trespass.
Nothing in §§20-9-47 to 20-9-51, inclusive, prevents or limits the liability of any fishing tournament sponsor or fishing professional for any injury involving a participant if the recovery is made pursuant to warranty or trespass.
Source:
SL 2016, ch 115, §4.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-51 - Warning sign to be posted by fishing professionals and tournament sponsors--Warning notice in contracts.

20-9-51. Warning sign to be posted by fishing professionals and tournament sponsors--Warning notice in contracts.
Each fishing professional and fishing tournament sponsor shall post and maintain the following sign:
WARNING: Under South Dakota law, no fishing tournament sponsor or fishing professional is liable for an injury to, or the death of, a participant resulting from the inherent risks of fishing, pursuant to §§20-9-47 to 20-9-51 of the South Dakota Codified Laws.
The sign shall be placed in a clearly visible location on or near boat docks, registration tables, equipment rental stations, or where a fishing professional conducts fishing activities. The warning notice shall appear on the sign in black letters, with each letter being a minimum of one inch in height. Each written contract entered into by a fishing professional for the providing of professional services, instruction, or the rental of equipment, a boat, or watercraft to a participant, whether or not the contract involves fishing activities on or off the location or site of the fishing professional's business, shall contain in clearly readable print the warning notice provided in this section.
Source:
SL 2016, ch 115, §5.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-52 - Intentional exposure to HIV, syphilis, gonorrhea, chancroid, or other communicable disease.

20-9-52. Intentional exposure to HIV, syphilis, gonorrhea, chancroid, or other communicable disease.
Any person who knowingly violates the provisions of §22-18-31, 34-22-5, or 34-23-1 is liable for civil damages.
Source:
SL 2018, ch 204, §2.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-53 - Definitions.

20-9-53. Definitions.
Terms used in §§20-9-53 to 20-9-57, inclusive, mean:
(1)"Civil recoveries," funds received by the state from any third party as damages resulting from riot or incitement to riot that cause the state or a political subdivision to incur costs;
(2)"Incitement to riot," any person who, with the intent to cause a riot, commits an act or engages in conduct that urges three or more people, acting together and without authority of law, to use force or violence to cause any injury to any person or any damage to property, under circumstances in which the force or violence is imminent and the urging is likely to incite or produce the use of force or violence, incites riot. Urging includes instigating, inciting, or directing, but does not include the oral or written advocacy of ideas or expression of belief that does not urge the commission of an act or conduct of imminent force or violence;
(3)"Person," any individual, joint venture, association, partnership, cooperative, limited liability company, corporation, nonprofit, other entity, or any group acting as a unit;
(4)"Political subdivision," a county or municipality;
(5)"Riot," any intentional use of force or violence by three or more persons, acting together and without authority of law, to cause any injury to any person or any damage to property; and
(6)"Secretary," the secretary of the Department of Public Safety.
Source:
SL 2019, ch 104, § 1, eff. Mar. 27, 2019; SL 2020, ch 73, § 1; SL 2020, ch 78, § 5.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-54 - Liability for riot and incitement to riot.

20-9-54. Liability for riot and incitement to riot.
In addition to any other liability or criminal penalty under law, a person is personally liable for riot, and jointly and severally liable for riot with any other person engaged in the same riot, to the state or a political subdivision in an action for damages if the person commits riot as defined under §20-9-53.
In addition to any other liability or criminal penalty under law, a person is personally liable for incitement to riot, and jointly and severally liable for incitement to riot with any other person engaged in the same riot, to the state or a political subdivision in an action for damages if the person commits incitement to riot as defined under §20-9-53.
Nothing in this section may be construed to include the oral or written advocacy of ideas or expression of belief that does not urge the commission of an act or conduct of imminent force or violence. This section may not be construed to prevent the peaceable assembly of persons for lawful purposes of protest or petition.
Source:
SL 2019, ch 104, § 2, eff. Mar. 27, 2019; SL 2020, ch 73, § 2; SL 2020, ch 78, § 6.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-55 - Jurisdiction--Evidence--Procedure.

20-9-55. Jurisdiction--Evidence--Procedure.
A person is subject to the jurisdiction of the courts of this state for incitement to riot that results in a riot in this state, regardless of whether the person engages in incitement to riot personally, or through any employee, agent, or subsidiary.
Evidence is not admissible in an action for riot or incitement to riot that shows that any damages, in whole or in part, were paid by a third party. Notwithstanding any other law, any action arising under §20-9-54 is governed by the procedural and substantive law of this state.
Any action for riot or incitement to riot shall be for the exclusive benefit of the state or political subdivision and shall be brought in the name of the state or political subdivision. The state, a political subdivision, or any third party having an interest in preventing a riot or incitement to riot may enter into an agreement to establish joint representation of a cause of action under §20-9-54.
Source:
SL 2019, ch 104, § 3, eff. Mar. 27, 2019; SL 2020, ch 73, § 3; SL 2020, ch 78, § 7.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-56 - Damages for riot or incitement to riot.

20-9-56. Damages for riot or incitement to riot.
The plaintiff in an action for riot or incitement to riot may recover both special and general damages, reasonable attorney's fees, disbursements, other reasonable expenses incurred from prosecuting the action, and punitive damages. A fine paid by a defendant for any violation of chapter 22-10 may not be applied toward payment of damages under this section.
Source:
SL 2019, ch 104, § 4, eff. Mar. 27, 2019; SL 2020, ch 73, § 4; SL 2020, ch 78, § 8.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 09 - Liability For Torts › Section 20-9-57 - Riot boosting recovery fund established.

20-9-57. Riot boosting recovery fund established.
There is established in the state treasury the riot boosting recovery fund. Money in the fund may be used to pay any claim for damages arising out of or in connection with a riot or may be transferred to the pipeline engagement activity coordination expenses fund. Interest earned on money in the fund established under this section shall be credited to the fund. The fund is continuously appropriated to the Department of Public Safety, which shall administer the fund. All money received by the department for the fund shall be set forth in an informational budget pursuant to §4-7-7.2 and be annually reviewed by the Legislature.
The secretary shall approve vouchers and the state auditor shall draw warrants to pay any claim authorized by §§20-9-53 to 20-9-57, inclusive.
Any civil recoveries shall be deposited in the fund.
Source:
SL 2019, ch 104, §5, eff. Mar. 27, 2019.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 10 - Liability For Deceit › Section 20-10-1 - Liability for damage caused by deceit.

20-10-1. Liability for damage caused by deceit.
One who willfully deceives another, with intent to induce him to alter his position to his injury or risk, is liable for any damage which he thereby suffers.
Source:
CivC 1877, §974; CL 1887, §3598; RCivC 1903, §1292; RC 1919, §796; SDC 1939, §47.0401.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 10 - Liability For Deceit › Section 20-10-2 - Acts constituting deceit.

20-10-2. Acts constituting deceit.
A deceit within the meaning of §20-10-1 is either:
(1)The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
(2)The assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true;
(3)The suppression of a fact by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact; or
(4)A promise made without any intention of performing.
Source:
CivC 1877, §975; CL 1887, §3599; RCivC 1903, §1293; RC 1919, §797; SDC 1939, §47.0402.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 10 - Liability For Deceit › Section 20-10-3 - Fraud against public or class as fraud against individual.

20-10-3. Fraud against public or class as fraud against individual.
One who practices a deceit with intent to defraud the public, or a particular class of persons, is deemed to have intended to defraud every individual in that class, who is actually misled by the deceit.
Source:
CivC 1877, §976; CL 1887, §3600; RCivC 1903, §1294; RC 1919, §798; SDC 1939, §47.0403.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 10A - Liability For Disparagement Of Agricultural Food Products › Section 20-10A-1 - Definition of terms.

20-10A-1. Definition of terms.
Terms used in this chapter mean:
(1)"Agricultural food product," any food product of agriculture or aquaculture that is sold or distributed in a form that will perish or decay beyond marketability within a period of time; and
(2)"Disparagement," dissemination in any manner to the public of any information that the disseminator knows to be false and that states or implies that an agricultural food product is not safe for consumption by the public or that generally accepted agricultural and management practices make agricultural food products unsafe for consumption by the public;
(3)"Generally accepted agricultural and management practices," agronomic and animal husbandry procedures used in the production of agricultural goods including tillage options, fertilizers, crop protection practices for crop production, and the feeding, transporting, housing, and health practices for livestock.
Source:
SL 1994, ch 159, §1.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 10A - Liability For Disparagement Of Agricultural Food Products › Section 20-10A-2 - Cause of action for damages.

20-10A-2. Cause of action for damages.
Any producer of perishable agricultural food products who suffers damage as a result of another person's disparagement of any such perishable agricultural food product has a cause of action for damages and any other appropriate relief in a court of competent jurisdiction.
Source:
SL 1994, ch 159, §2.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 10A - Liability For Disparagement Of Agricultural Food Products › Section 20-10A-3 - Liability for damages.

20-10A-3. Liability for damages.
Any person who disparages a perishable agricultural food product with intent to harm the producer is liable to the producer for treble the damages so caused.
Source:
SL 1994, ch 159, §3.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 10A - Liability For Disparagement Of Agricultural Food Products › Section 20-10A-4 - Limitation on actions for damages.

20-10A-4. Limitation on actions for damages.
Any civil action for damages for disparagement of perishable agricultural food products shall be commenced within one year after the cause of action accrues.
Source:
SL 1994, ch 159, §4.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 11 - Liability For Defamation › Section 20-11-1 - Obligation to refrain from defamation.

20-11-1. Obligation to refrain from defamation.
Every person is obligated to refrain from infringing upon the right of others not to be defamed.
Source:
SDC 1939, §47.0501.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 11 - Liability For Defamation › Section 20-11-2 - Classes of defamation.

20-11-2. Classes of defamation.
Defamation is effected by:
(1)Libel; or
(2)Slander.
Source:
CivC 1877, §28; CL 1887, §2527; RCivC 1903, §28; RC 1919, §94; SDC 1939, §47.0502.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 11 - Liability For Defamation › Section 20-11-3 - Libel defined.

20-11-3. Libel defined.
Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.
Source:
CivC 1877, §29; CL 1887, §2528; RCivC 1903, §29; RC 1919, §95; SDC 1939, §47.0502.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 11 - Liability For Defamation › Section 20-11-4 - Slander defined.

20-11-4. Slander defined.
Slander is a false and unprivileged publication, other than libel, which:
(1)Charges any person with crime, or with having been indicted, convicted, or punished for crime;
(2)Imputes to him the present existence of an infectious, contagious, or loathsome disease;
(3)Tends directly to injure him in respect to his office, profession, trade, or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profit;
(4)Imputes to him impotence or want of chastity; or
(5)By natural consequence, causes actual damage.
Source:
CivC 1877, §30; CL 1887, §2529; RCivC 1903, §30; RC 1919, §98; SDC 1939, §47.0502.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 11 - Liability For Defamation › Section 20-11-5 - Privileged communications--Malice not inferred from publication.

20-11-5. Privileged communications--Malice not inferred from publication.
A privileged communication is one made:
(1)In the proper discharge of an official duty;
(2)In any legislative or judicial proceeding, or in any other official proceeding authorized by law;
(3)In a communication, without malice, to a person interested therein, by one who is also interested, or by one who stands in such relation to the person interested as to afford a reasonable ground for supposing the motive for the communication innocent, or who is requested by the person interested to give the information;
(4)By a fair and true report, without malice, of a judicial, legislative, or other public official proceeding or of anything said in the course thereof.
In the cases provided for in subdivisions (3) and (4) of this section, malice is not inferred from the communication or publication.
Source:
CivC 1877, §31; CL 1887, §2530; RCivC 1903, §31; RC 1919, §99; SDC 1939, §47.0503.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 11 - Liability For Defamation › Section 20-11-6 - Radio and television stations not liable if due care exercised.

20-11-6. Radio and television stations not liable if due care exercised.
The owner, licensee, or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee, or operator, shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, by one other than such owner, licensee, or operator, or agent or employee thereof, unless it shall be alleged and proved by the complaining party, that such owner, licensee, operator, or such agent or employee, has failed to exercise due care to prevent the publication or utterance of such statement in such broadcast.
Source:
SL 1949, ch 206; SDC Supp 1960, §47.0506.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 11 - Liability For Defamation › Section 20-11-7 - Retraction notice to newspaper--Punitive damages avoided by retraction--Candidates for office.

20-11-7. Retraction notice to newspaper--Punitive damages avoided by retraction--Candidates for office.
Before any action for libel can be brought against a newspaper or the publisher, editor, or manager thereof, the party aggrieved must at least three days before the commencement of such action serve a notice on the person or persons against whom said action is to be brought specifying particularly the statement or statements claimed to be false and defamatory. If on the trial it appears that such statement or statements were written or published in good faith and with the belief founded upon reasonable grounds that the same were true, and a full and fair retraction of the erroneous matter correcting any and all misstatements of fact therein contained was published in the next issue of the paper, or in the case of a daily paper within three days after the mistake was brought to the attention of the publisher, editor, or manager in as conspicuous type as the original statement and the same position in the paper, the plaintiff will be entitled to recover no punitive damages. But if the libel is against a candidate for office the retraction must also be made editorially in the case of a daily paper at least three days and in the case of a weekly paper at least ten days before the election.
Source:
SL 1915, ch 153, §1; RC 1919, §96; SDC 1939, §47.0504; SL 1979, ch 149, §9.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 11 - Liability For Defamation › Section 20-11-8 - Newspaper retraction as rebuttal of presumption of malice.

20-11-8. Newspaper retraction as rebuttal of presumption of malice.
The publication of a full and fair retraction of the alleged defamatory statement as provided by §20-11-7 shall, on the trial of an action for such libel, be held and considered a rebuttal of any and all presumption of malice attached to and growing out of such alleged libel.
Source:
SL 1915, ch 153, §2; RC 1919, §97; SDC 1939, §47.0505.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 11A - Powers And Obligations Of Persons Of Unsound Mind › Section 20-11A-1 - Power to contract denied person without understanding--Liabilities for necessaries.

20-11A-1. Power to contract denied person without understanding--Liabilities for necessaries.
A person entirely without understanding has no power to make a contract of any kind, but he is liable for the reasonable value of things furnished to him necessary for his support or the support of his family.
Source:
CivC 1877, §20; CL 1887, §2519; RCivC 1903, §20; RC 1919, §86; SDC 1939, §30.0801; SDCL, §27A-2-1.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 11A - Powers And Obligations Of Persons Of Unsound Mind › Section 20-11A-2 - Contract made before adjudication of incapacity subject to rescission.

20-11A-2. Contract made before adjudication of incapacity subject to rescission.
A conveyance or other contract of a person of unsound mind, but not entirely without understanding, made before his incapacity has been judicially determined, is subject to rescission as provided in chapter 21-12.
Source:
CivC 1877, §21; CL 1887, §2520; RCivC 1903, §21; RC 1919, §87; SDC 1939, §30.0802; SDCL, §27A-2-2.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 11A - Powers And Obligations Of Persons Of Unsound Mind › Section 20-11A-3 - Disability after adjudication of incapacity--Testamentary power on actual restoration to capacity.

20-11A-3. Disability after adjudication of incapacity--Testamentary power on actual restoration to capacity.
After his incapacity has been judicially determined, a person of unsound mind can make no conveyance or other contract, nor delegate any power, nor waive any right, until his restoration to capacity is judicially determined. If actually restored to capacity, he may make a will, though his restoration is not thus determined.
Source:
CivC 1877, §22; CL 1887, §2521; RCivC 1903, §22; RC 1919, §88; SDC 1939, §30.0803; SDCL, §27A-2-3.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 11A - Powers And Obligations Of Persons Of Unsound Mind › Section 20-11A-4 - Liability for torts.

20-11A-4. Liability for torts.
A person of unsound mind, of whatever degree, is civilly liable for a wrong done by him, in like manner as any other person.
Source:
CivC 1877, §23; CL 1887, §2522; RCivC 1903, §23; RC 1919, §89; SDC 1939, §30.0804; SDCL, §27A-2-4.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 11A - Powers And Obligations Of Persons Of Unsound Mind › Section 20-11A-5 - Restriction on subjection to exemplary damages.

20-11A-5. Restriction on subjection to exemplary damages.
A person of unsound mind cannot be subjected to exemplary damages, unless at the time of the act he was capable of knowing that it was wrongful.
Source:
CivC 1877, §24; CL 1887, §2523; RCivC 1903, §24; RC 1919, §90; SDC 1939, §30.0805; SDCL §27A-2-5.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 12 - Municipal And County Protection Of Human Rights › Section 20-12-4 - Authority of municipality and county to investigate discriminatory practices.

20-12-4. Authority of municipality and county to investigate discriminatory practices.
Any municipality or county may investigate any discriminatory practices based on sex, race, color, creed, religion, ancestry, disability, familial status, or national origin, with respect to employment, labor union membership, housing accommodations, property rights, education, public accommodations, or public services.
Source:
SL 1970, ch 66, §1; SL 1973, ch 140; SL 1975, ch 165, §2; SL 1986, ch 170, §1; SL 1991, ch 179, §1.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 12 - Municipal And County Protection Of Human Rights › Section 20-12-5 - Commissions on human relations authorized--Purposes and powers.

20-12-5. Commissions on human relations authorized--Purposes and powers.
To effectuate the foregoing policy municipalities and counties may establish a commission on human relations which may act to disseminate information, to engage in and co-operate with programs of research and education, to co-operate with persons or groups interested in similar objectives, to conduct public meetings and hearings, to mediate and conciliate in instances of alleged discrimination, and to initiate and hear complaints alleging discrimination with such investigation and inquiry as may reasonably appear necessary.
Source:
SL 1970, ch 66, §2; SL 1975, ch 165, §3.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 12 - Municipal And County Protection Of Human Rights › Section 20-12-6 - Investigating powers of local commission--Affirmative action--Power coextensive with powers of state commission.

20-12-6. Investigating powers of local commission--Affirmative action--Power coextensive with powers of state commission.
In the hearing of verified complaints such a commission may subpoena and examine witnesses, administer oaths, take testimony, and require the production for examination of relevant books or papers and to take such affirmative action as in the judgment of the commission will effectuate its purposes. The powers of the local commission may be coextensive with the powers of the State Human Rights Commission as set forth in §20-13-42. All hearings under this chapter shall be conducted pursuant to contested case procedures in chapter 1-26.
Source:
SL 1970, ch 66, §3; SL 1973, ch 141; SL 1991, ch 179, §2.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 12 - Municipal And County Protection Of Human Rights › Section 20-12-6.1 - Right to proceed in circuit court or before local commission--Notice as to right of election.

20-12-6.1. Right to proceed in circuit court or before local commission--Notice as to right of election.
No later than twenty days after notice of a finding of probable cause by the local commission and prior to hearing, the charging party or respondent may elect to have the claims asserted in the charge decided in circuit court in lieu of a hearing before the local commission. Parties shall be notified of their right to election in the notice of finding of probable cause.
Source:
SL 1991, ch 179, §4.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 12 - Municipal And County Protection Of Human Rights › Section 20-12-7 - Appeal from local commission.

20-12-7. Appeal from local commission.
All decisions of a commission shall be subject to appeal under the same conditions and in the manner provided under §§1-26-30 to 1-26-37, inclusive.
Source:
SL 1970, ch 66, §4.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 12 - Municipal And County Protection Of Human Rights › Section 20-12-9 - Transfer of complaints to state commission.

20-12-9. Transfer of complaints to state commission.
Upon the filing of any complaint under the provisions of §20-12-5, the parties to the complaint shall be notified that any party thereto may, within fifteen days of the date of receipt of the notice of the proceeding, demand as a matter of right that the matter be transferred to the State Commission of Human Rights which shall process the complaint under the provisions of chapter 20-13. Immediately upon receipt of notice of a party's demand to transfer the complaint under this provision, the municipal or county commission on human relations shall forward the complaint to the State Division of Human Rights and shall thereafter have no further jurisdiction with regard to the complaint.
Source:
SL 1983, ch 165; SL 1991, ch 179, §3.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-1.1 - Probable cause defined.

20-13-1.1. Probable cause defined.
For purposes of findings under this chapter, probable cause is defined as a determination that it is more likely than not that the charging party and members of a class, or both, were discriminated against based on a violation of this chapter. The likelihood that discrimination occurred is assessed based upon evidence that establishes a prima facie case, and if the respondent has provided a viable defense, whether there is evidence of pretext.
Source:
SL 1996, ch 246.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-2 - State Commission of Human Rights--Appointment of members--Terms--Vacancies--Removal.

20-13-2. State Commission of Human Rights--Appointment of members--Terms--Vacancies--Removal.
The State Commission of Human Rights shall consist of five members appointed by the Governor, no more than three of whom may be from the same political party and two of whom shall, in the opinion of the Governor, be experienced in or have a favorable reputation for skill, knowledge, and experience in the management or operations of a business enterprise. Appointments shall take into consideration geographical area insofar as may be practicable. Members appointed to the commission shall serve for a term of four years expiring June thirtieth of an odd-numbered year. Vacancies on the commission shall be filled by the Governor by appointment for the unexpired part of the term of the vacancy. Any commissioner may be removed from office by the Governor for cause.
Source:
SL 1972, ch 11, §3; SL 1976, ch 19, §9; SL 1983, ch 166, §1; SL 2011, ch 74, §5.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-2.1 - Direction and supervision of commission by Department of Labor and Regulation--Independent functions retained by commission.

20-13-2.1. Direction and supervision of commission by Department of Labor and Regulation--Independent functions retained by commission.
The Commission of Human Rights shall be administered under the direction and supervision of the Department of Labor and Regulation and the director thereof, but shall retain the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions (as defined in §1-32-1) otherwise vested in it and shall exercise those functions independently of the director of human rights.
Source:
SL 1973, ch 2 (Ex. Ord. 73-1), §65; SL 2003, ch 272 (Ex. Ord. 03-1), §30; SL 2011, ch 1 (Ex. Ord. 11-1), §33, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-3 - Quorum of commission--Rules governing meetings.

20-13-3. Quorum of commission--Rules governing meetings.
A quorum shall consist of three members. The commission shall adopt, amend, or rescind such rules as shall be necessary for the conduct of its meetings.
Source:
SL 1972, ch 11, §§3, 4; SL 1989, ch 184, §1.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-4 - Per diem and expenses of commission members.

20-13-4. Per diem and expenses of commission members.
Members shall receive per diem at the rate provided by law and shall be reimbursed for necessary travel and other expenses incurred while on official commission business.
Source:
SL 1972, ch 11, §3; SL 1973, ch 142, §2.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-5 - Employment of personnel by division.

20-13-5. Employment of personnel by division.
The Division of Human Rights shall have the following powers and duties:
(1)To appoint and prescribe the duties of such investigators and agents as the division shall deem necessary for the enforcement of this chapter.
(2)To hire any secretarial, investigative, or other assistance that may be necessary to accomplish the commission's purposes.
Source:
SL 1972, ch 11, §5 (1), (9).
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-7 - Investigation and elimination of discrimination by education and conciliation.

20-13-7. Investigation and elimination of discrimination by education and conciliation.
The Division of Human Rights may investigate and study the existence, character, causes, and extent of discrimination in employment, labor unions, housing accommodations, property rights, education, public accommodations, and public services in this state and attempt to eliminate any discrimination by education and conciliation.
Source:
SL 1972, ch 11, §5 (3); SL 1981, ch 166, §1.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-8 - Cooperation with other agencies.

20-13-8. Cooperation with other agencies.
The Division of Human Rights may cooperate with other agencies or organizations, both public and private whose purposes are consistent with those of this chapter, and in the planning and conducting of programs designed to eliminate racial, religious, cultural, and inter-group tensions.
Source:
SL 1972, ch 11, §5 (6); SL 1981, ch 166, §2.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-9 - Funds and grants accepted--Accounting.

20-13-9. Funds and grants accepted--Accounting.
The Division of Human Rights may receive, administer, dispense, and account for any funds that may be voluntarily contributed to the division and any grants that may be awarded the division for furthering the purposes of this chapter.
Source:
SL 1972, ch 11, §5 (8); SL 1981, ch 166, §3.
2023 South Dakota Codified Laws › Title 20 - Personal Rights and Obligations › Chapter 13 - Human Rights › Section 20-13-10 - Unfair or discriminatory practices.

20-13-10.  Unfair or discriminatory practices.
It is an unfair or discriminatory practice for any person, because of race, color, creed, religion, sex, ancestry, disability, or national origin, to fail or refuse to hire, to discharge an employee, or to accord adverse or unequal treatment to any person, employee, or intern with respect to application, hiring, training, apprenticeship, tenure, promotion, upgrading, compensation, layoff, or any term or condition of employment.
Source:
SL 1972, ch 11, §6(1); SL 1986, ch 170, §7; SL 1991, ch 179, §7; SL 2020, ch 70, § 2.