reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 36 - Abandoned Derelict And Junk Motor Vehicles And Scrap Metals › Section 32-36-8 - Notice to owner and lien holders after removal--Contents--Form--Publication of notice--Violation as misdemeanor.

32-36-8. Notice to owner and lien holders after removal--Contents--Form--Publication of notice--Violation as misdemeanor.
Within forty-five days after any abandoned or junk motor vehicle, any wrecked vehicle as provided by §32-30-14, or any impounded vehicle, or other scrap metal has been removed, the removal agency shall send written notice by certified mail to the registered owner, if any, of the abandoned or junk motor vehicle, wrecked vehicle, or scrap metal and to all readily identifiable lien holders of record at their last known address. If the removal agency does not give notice within ten days from the date of removal, no storage may be charged beyond the ten-day period until the notice is mailed. The notice shall set forth the date and place of the taking, the year, the make, model and serial number of the abandoned or wrecked motor vehicle and the place where the vehicle is being held, and shall inform the owner and any lien holders of their right to reclaim the vehicle under §32-36-9. The notice shall be on a form provided by the Department of Revenue.
If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all lien holders, the notice shall be published once in a newspaper of general circulation in the area where the motor vehicle was abandoned or wrecked. Published notices may be grouped together for convenience and economy.
A violation of this section is a Class 2 misdemeanor.
Source:
SL 1972, ch 197, §5 (4); SL 1985, ch 268, §7; SL 1987, ch 245, §3; SL 1990, ch 158, §4; SL 1994, ch 264, §5; SL 1998, ch 195, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 36 - Abandoned Derelict And Junk Motor Vehicles And Scrap Metals › Section 32-36-9 - Vesting of title in removal agency after notice sent--Time allowed for holder of title or lienholder to reclaim--Notice of intent to reclaim--Failure to reclaim.

32-36-9. Vesting of title in removal agency after notice sent--Time allowed for holder of title or lien holder to reclaim--Notice of intent to reclaim--Failure to reclaim.
Notwithstanding any statutes to the contrary, title to any abandoned or junk motor vehicle, any impounded vehicle, or other scrap metal shall vest in the removal agency after a period of thirty days from the date on which notice was sent under §32-36-8. The record holder of title or the lien holder may reclaim the motor vehicle or other scrap metal. The lien holder and record holder of title shall notify the department in writing within thirty days of their intent to reclaim the motor vehicle. However, if the record holder of title fails to claim and remove the motor vehicle or other scrap metal within thirty days after mailing of notice, title to the vehicle is irrevocably vested in the removal agency.
Source:
SL 1972, ch 197, §6; SL 1985, ch 268, §8; SL 1987, ch 245, §4; SL 1998, ch 195, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 36 - Abandoned Derelict And Junk Motor Vehicles And Scrap Metals › Section 32-36-11 - Application for certificate of title by removal agency.

32-36-11. Application for certificate of title by removal agency.
The removal agency shall apply to the Department of Revenue for a salvage title for any salvage or junk vehicle. If a vehicle is not a salvage or junk vehicle, the removal agency shall apply for a certificate of title to the department. Such title when issued shall be stamped on the front and back with the words, abandoned vehicle. If the title to the motor vehicle is a salvage title or a rebuilt title, a salvage or rebuilt title shall be issued for the vehicle.
The removal agency when applying for a certificate of title or salvage title shall be subject to the requirements of chapter 32-3. If an owner or lien holder does not surrender the title to the motor vehicle or scrap metal to the removal agency, the removal agency shall submit, with its application for title, copies of its written notices required by §32-36-8 and an affidavit stating the notices were sent and listing the persons to whom sent.
Source:
SL 1985, ch 268, §10; SL 1987, ch 245, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 37 - Child Passenger Restraint System › Section 32-37-1 - Use of system required--Violation as petty offense.

32-37-1. Use of system required--Violation as petty offense.
Any operator of any passenger vehicle transporting a child under five years of age on the streets and highways of this state shall properly secure the child in a child passenger restraint system according to its manufacturer's instructions. The child passenger restraint system shall meet Department of Transportation Motor Vehicle Safety Standard 213 as in effect January 1, 1981. The requirements of this section are met if the child is under five years of age and is at least forty pounds in weight by securing the child in a seat belt. An operator who violates this section commits a petty offense.
Source:
SL 1984, ch 235, §1; SL 1987, ch 246, §1; SL 1990, ch 261, §1; SL 1992, ch 158, §98; SL 1998, ch 199, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 37 - Child Passenger Restraint System › Section 32-37-1.1 - Operator to assure that passengers between ages five and eighteen wear seat belts.

32-37-1.1.Operator to assure that passengers between ages five and eighteen wear seat belts.
Any operator of a passenger vehicle operated on a public street or highway in this state transporting a passenger who is at least five and under eighteen years of age shall assure that the passenger is wearing a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle if manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F. R. 571.208) in effect January 1, 1989, at all times when the vehicle is in motion. A violation of this section is a petty offense.
Source:
SL 2001, ch 179, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 37 - Child Passenger Restraint System › Section 32-37-1.2 - Certain operators required to wear seat belts.

32-37-1.2.Certain operators required to wear seat belts.
Any operator of any passenger vehicle operated on a public street or highway in this state, who is at least fourteen years of age and under eighteen years of age, shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle if manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F. R. 571.208) in effect January 1, 1989, at all times when the vehicle is in motion. A violation of this section is a petty offense.
Source:
SL 2001, ch 179, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 37 - Child Passenger Restraint System › Section 32-37-1.3 - Passengers between ages fourteen and eighteen required to wear seat belts.

32-37-1.3.Passengers between ages fourteen and eighteen required to wear seat belts.
Any passenger of any passenger vehicle operated on a public street or highway in this state, who is at least fourteen years of age and under eighteen years of age, shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle if manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F. R. 571.208) in effect January 1, 1989, at all times when the vehicle is in motion. A violation of this section is a petty offense.
Source:
SL 2001, ch 179, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 37 - Child Passenger Restraint System › Section 32-37-2 - Exemptions.

32-37-2. Exemptions.
The provisions of this chapter do not apply in passenger cars manufactured before 1966 that have not been equipped with seat belts.
Source:
SL 1984, ch 235, §2; SL 1998, ch 199, §2; SL 2001, ch 179, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 37 - Child Passenger Restraint System › Section 32-37-4 - Violation not considered negligence or assumption of risk--Evidence inadmissible.

32-37-4. Violation not considered negligence or assumption of risk--Evidence inadmissible.
Failure to comply with the provisions of this chapter is not considered as contributory negligence, comparative negligence, or assumption of the risk and is not admissible as evidence in the trial of any civil action.
Source:
SL 1984, ch 235, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 38 - Safety Belt System Usage In Passenger Vehicles › Section 32-38-1 - Use required--Public highways--Front seat passenger.

32-38-1. Use required--Public highways--Front seat passenger.
Except as provided in chapter 32-37 and §32-38-3, every operator and front seat passenger of a passenger vehicle operated on a public highway in this state shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in forward motion. The driver of the passenger vehicle shall secure or cause to be secured a properly adjusted and fastened safety seat belt system on any passenger in the front seat who is at least five years of age but younger than eighteen years of age. Any violation of this section is not a moving traffic offense under the provisions of §32-12-49.1.
Source:
SL 1994, ch 266, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 38 - Safety Belt System Usage In Passenger Vehicles › Section 32-38-2 - Passenger vehicle defined.

32-38-2. Passenger vehicle defined.
For the purposes of this chapter, a passenger vehicle is any self-propelled vehicle intended primarily for use and operation on the public highways including any passenger car, station wagon, van, taxicab, emergency vehicle, motor home, truck, or pickup. The term does not include any motorcycle, motor scooter, motor bicycle, electric bicycle, passenger bus, or school bus. The term also does not include any farm tractor or implement of husbandry designed primarily or exclusively for use in agricultural operations.
Source:
SL 1994, ch 266, §2; SL 2019, ch 135, §16.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 38 - Safety Belt System Usage In Passenger Vehicles › Section 32-38-3 - Exceptions to required use of safety belts.

32-38-3. Exceptions to required use of safety belts.
The provisions of §32-38-1 do not apply to:
(1)Any occupant of a passenger vehicle manufactured before September 1, 1973;
(2)Any occupant of a passenger vehicle who possesses a written statement from a doctor licensed under chapter 36-4 or 36-5 that the individual is unable for medical reasons to wear a safety seat belt system;
(3)Any occupant of a vehicle not equipped with a safety seat belt system because federal law does not require that vehicle to be so equipped; or
(4)Any rural carrier of the United States Postal Service while serving his rural postal route or any person delivering newspapers or periodicals on an assigned home delivery route.
Source:
SL 1994, ch 266, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 38 - Safety Belt System Usage In Passenger Vehicles › Section 32-38-4 - Failure to comply--Evidence.

32-38-4. Failure to comply--Evidence.
Failure to comply with the provisions of this chapter does not constitute contributory negligence, comparative negligence, or assumption of the risk. Failure to comply with the provisions of this chapter may not be introduced as evidence in any criminal litigation other than a prosecution under this chapter or in any civil litigation on the issue of injuries or on the issue of mitigation of damages.
Source:
SL 1994, ch 266, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 38 - Safety Belt System Usage In Passenger Vehicles › Section 32-38-5 - Enforcement--Violation as petty offense.

32-38-5. Enforcement--Violation as petty offense.
Enforcement of this chapter by state or local law enforcement agencies shall be accomplished as a secondary action. A violation of this chapter is a petty offense.
Source:
SL 1994, ch 266, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 39 - Compensation Of Agricultural Equipment Dealers › Section 32-39-1 - Agricultural equipment manufacturer--Warranty procedure.

32-39-1. Agricultural equipment manufacturer--Warranty procedure.
Every manufacturer of agricultural equipment, as exempted from registration and licensing by §§32-5-1.3 and 32-5-1.4, shall properly fulfill any warranty agreement and fairly compensate, as provided in §32-39-2, each of its dealers for labor, parts, and transportation of equipment. The manufacturer shall pay all claims made by a dealer for such labor, parts, and transportation of equipment within thirty days following their approval. The manufacturer shall either approve or disapprove the claim within thirty days after its receipt. If a claim is disapproved, the dealer who submitted it shall be notified in writing of its disapproval within the thirty-day period. Any claim rejected for technical reasons may be put into proper form by the dealer and resubmitted by the dealer within thirty days. Any claim not specifically disapproved in writing within thirty days after the receipt of the claim is deemed to be approved and payment shall be made within thirty days. The manufacturer may audit the claims for one year after payment and may charge back to the dealer the amount of any false or fraudulent claim.
Source:
SL 1998, ch 173, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 39 - Compensation Of Agricultural Equipment Dealers › Section 32-39-2 - Warranties--Schedule--Compensation.

32-39-2. Warranties--Schedule--Compensation.
The schedule of compensation for warranty work governed by §32-39-1 shall include reasonable compensation for diagnostic work, as well as repair service, parts, labor, and transportation of equipment for warranty repairs. Reimbursement for transportation of equipment to the dealership for needed warranty repairs and the return of the equipment is at the dealership's retail rate if the customer is within the dealer's designated area of responsibility. Time allowances for diagnosis and performance of warranty work and service shall be adequate for the work to be performed. The hourly labor rate paid the dealer for warranty services may not be less than the rate charged by the dealer for like services to nonwarranty customers for nonwarranty service. Reimbursement for parts used in the performance of warranty repair may not be less than the amount paid by the dealer to acquire the parts plus a reasonable allowance for handling, which may not be less than thirty percent.
Source:
SL 1998, ch 173, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 39 - Compensation Of Agricultural Equipment Dealers › Section 32-39-3 - Dealer defined.

32-39-3. Dealer defined.
For the purposes of this chapter, a dealer is any person whose sales of the manufacturer's equipment is equal to or exceeds thirty percent of the dealer's gross agricultural equipment sales during the preceding calendar year. The term, dealer, does not include a dealer whose principal business is the sale of off-road construction equipment.
Source:
SL 1998, ch 173, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 39 - Compensation Of Agricultural Equipment Dealers › Section 32-39-4 - Warranties--Dealers--Manufacturers.

32-39-4. Warranties--Dealers--Manufacturers.
The provisions of this chapter do not apply to any warranty agreements between manufacturers. The provisions of this Act do not apply to any oral agreements between a dealer and a manufacturer to provide warranty service.
Source:
SL 1998, ch 173, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 40 - Transportation Network Companies › Section 32-40-1 - Definitions.

32-40-1. Definitions.
Terms used in this chapter mean:
(1)"Digital network," any online-enabled application, software, website, or system offered or utilized by a transportation network company that enables a prearranged ride with a transportation network company driver;
(2)"Personal vehicle," a vehicle that is used by a transportation network company driver to provide a prearranged ride and is owned, leased, or otherwise authorized for use by the transportation network company driver. The term does not include any taxicab, limousine, or for-hire vehicle;
(3)"Prearranged ride," the provision of transportation by a driver to a rider, beginning when a driver accepts a rider's request for a ride through a digital network controlled by a transportation network company, continuing while the driver transports a requesting rider, and ending when the last requesting rider departs from the personal vehicle. The term does not include transportation provided through a shared expense carpool or vanpool arrangement or by using a taxicab, limousine, or other for-hire vehicle;
(4)"Transportation network company," a corporation, partnership, sole proprietorship, or other entity that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides and that does not control, direct, or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract;
(5)"Transportation network company driver" or "driver," a person who receives connections to potential riders and related services from a transportation network company in exchange for payment of a fee to the transportation network company and who uses a personal vehicle to provide a prearranged ride to riders upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee;
(6)"Transportation network company rider" or "rider," a person who uses a transportation network company's digital network to connect with a transportation network driver who provides a prearranged ride to the person in the driver's personal vehicle between points chosen by the person.
Source:
SL 2016, ch 167, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 40 - Transportation Network Companies › Section 32-40-2 - Application requirements for transportation network company drivers.

32-40-2. Application requirements for transportation network company drivers.
Before a transportation network company allows a person to act as a transportation network company driver on the transportation network company's digital network, the transportation network company shall require the person to submit to the transportation network company an application that includes:
(1)The person's name, address, and age;
(2)A copy of the person's driver license;
(3)The registration for the personal vehicle that the person will use to provide prearranged rides;
(4)Proof of financial responsibility for the personal vehicle of a type and in the amounts required by the transportation network company; and
(5)Any other information required by the transportation network company.
Source:
SL 2016, ch 167, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 40 - Transportation Network Companies › Section 32-40-3 - Criminal background, sex offender registry, and driving record checks of transportation network company drivers.

32-40-3. Criminal background, sex offender registry, and driving record checks of transportation network company drivers.
Before a transportation network company allows a person to act as a driver on the transportation network company digital network, the transportation network company shall conduct, or contract with a third party to conduct:
(1)A local and national criminal background check;
(2)A search of the national sex offender registry; and
(3)Obtain a copy of the person's driving record maintained under §32-12-61.
Source:
SL 2016, ch 167, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 40 - Transportation Network Companies › Section 32-40-4 - Persons prohibited from acting as transportation network company drivers.

32-40-4. Persons prohibited from acting as transportation network company drivers.
A transportation network company may not knowingly allow to act as a transportation network company driver on the transportation network company's digital network a person:
(1)Who has received judgments for more than three moving traffic violations in the preceding three years, or at least one violation involving reckless driving or driving on a suspended or revoked license in the preceding three years;
(2)Who has been convicted in the preceding seven years of a felony;
(3)Who has been convicted in the preceding seven years of a misdemeanor involving:
(a)Resisting a law enforcement officer;
(b)Dishonesty;
(c)Injury to a person;
(d)Operating a motor vehicle while intoxicated;
(e)Operating a motor vehicle in a manner that endangers a person;
(f)Operating a motor vehicle with a suspended or revoked driver license; or
(g)Damage to the property of another person;
(4)Who is a match in the state or national sex offender registry; or
(5)Who is unable to provide information required under §32-40-3.
Source:
SL 2016, ch 167, §4.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 40 - Transportation Network Companies › Section 32-40-5 - Zero tolerance policy for drug and alcohol use by transportation network company drivers.

32-40-5. Zero tolerance policy for drug and alcohol use by transportation network company drivers.
A transportation network company shall establish and enforce a zero tolerance policy for drug and alcohol use by transportation network company drivers during any period when a transportation network company driver is engaged in, or is logged into the transportation network company's digital network but is not engaged in, a prearranged ride. The policy shall include provisions for:
(1)Investigations of alleged policy violations; and
(2)Suspensions of transportation network company drivers under investigation.
Source:
SL 2016, ch 167, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 40 - Transportation Network Companies › Section 32-40-6 - Personal vehicles to comply with vehicle equipment laws.

32-40-6. Personal vehicles to comply with vehicle equipment laws.
A transportation network company shall require that a personal vehicle used to provide any prearranged ride shall comply with all applicable laws and rules concerning vehicle equipment.
Source:
SL 2016, ch 167, §6.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 40 - Transportation Network Companies › Section 32-40-7 - Motor vehicle insurance required covering transportation of riders for compensation.

32-40-7. Motor vehicle insurance required covering transportation of riders for compensation.
A transportation network company driver or transportation network company on the driver's behalf shall maintain primary motor vehicle insurance that recognizes that the driver is a transportation network company driver or otherwise uses a vehicle to transport riders for compensation and covers the driver while:
(1)The driver is logged on to the transportation network company's digital network; or
(2)The driver is engaged in a prearranged ride.
Source:
SL 2016, ch 167, §7.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 40 - Transportation Network Companies › Section 32-40-8 - Motor vehicle insurance requirements for driver logged on to transportation network company's digital network and available for transportation requests.

32-40-8. Motor vehicle insurance requirements for driver logged on to transportation network company's digital network and available for transportation requests.
The following motor vehicle insurance requirements apply while a participating transportation network company driver is logged on to the transportation network company's digital network and is available to receive transportation requests but is not engaged in a prearranged ride:
(1)Primary motor vehicle liability insurance in the amount of at least fifty thousand dollars for death and bodily injury per person, one hundred thousand dollars for death and bodily injury per incident, and twenty-five thousand dollars for property damage;
(2)Uninsured and underinsured coverage as required by §§58-11-9 and 58-11-9.4; and
(3)The coverage requirements of subdivision (1) may be satisfied by motor vehicle insurance maintained by the transportation network company driver, motor vehicle insurance maintained by the transportation network company, or any combination of such insurance.
Source:
SL 2016, ch 167, §8.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 40 - Transportation Network Companies › Section 32-40-9 - Motor vehicle insurance requirements for driver engaged in prearranged ride.

32-40-9. Motor vehicle insurance requirements for driver engaged in prearranged ride.
The following motor vehicle insurance requirements apply while a transportation network company driver is engaged in a prearranged ride:
(1)Primary motor vehicle liability insurance that provides at least one million dollars for death, bodily injury, and property damage;
(2)Uninsured and underinsured coverage as required by §§58-11-9 and 58-11-9.4; and
(3)The coverage requirements of subdivision (1) may be satisfied by motor vehicle insurance maintained by the transportation network company driver, motor vehicle insurance maintained by the transportation network company, or any combination of such insurance.
Source:
SL 2016, ch 167, §9.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 40 - Transportation Network Companies › Section 32-40-10 - Transportation network company to provide coverage where driver's insurance lapsed or insufficient--Duty to defend.

32-40-10. Transportation network company to provide coverage where driver's insurance lapsed or insufficient--Duty to defend.
If the insurance maintained by the driver pursuant to §32-40-8 or 32-40-9 has lapsed or does not provide the required coverage, the insurance maintained by the transportation network company shall provide the coverage required by those sections beginning with the first dollar of a claim and has the duty to defend any claim.
Source:
SL 2016, ch 167, §10.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 40 - Transportation Network Companies › Section 32-40-11 - Prohibited terms of insurance policy maintained by transportation network company.

32-40-11. Prohibited terms of insurance policy maintained by transportation network company.
Coverage under a motor vehicle insurance policy maintained by the transportation network company may not be dependent on a personal motor vehicle insurer first denying a claim nor shall a personal motor vehicle insurance policy be required to first deny a claim.
Source:
SL 2016, ch 167, §11.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 40 - Transportation Network Companies › Section 32-40-12 - Eligible insurers.

32-40-12. Eligible insurers.
Any insurance required by §§32-40-8 and 32-40-9 may be placed with an insurer licensed under title 58, or with a surplus lines insurer eligible under title 58.
Source:
SL 2016, ch 167, §12.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 40 - Transportation Network Companies › Section 32-40-13 - Financial responsibility requirements.

32-40-13. Financial responsibility requirements.
Any insurance satisfying the requirements of §32-40-8 or 32-40-9 shall be deemed to satisfy the financial responsibility requirement for a motor vehicle under §32-35-113.
Source:
SL 2016, ch 167, §13.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 40 - Transportation Network Companies › Section 32-40-14 - Proof of coverage required in vehicle--Information to be provided after accident.

32-40-14. Proof of coverage required in vehicle--Information to be provided after accident.
A transportation network company driver shall carry proof of coverage satisfying §§32-40-8 and 32-40-9 at all times during the driver's use of a vehicle in connection with a transportation network company's digital network. If there is an accident, a transportation network company driver shall provide proof of insurance coverage information to the directly interested parties, motor vehicle insurers, and investigating law enforcement officers, upon request. Upon such request, a transportation network company driver shall also disclose to directly interested parties, motor vehicle insurers, and investigating law enforcement officers, whether the driver was logged on to the transportation network company's digital network or on a prearranged ride at the time of an accident.
Source:
SL 2016, ch 167, §14.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 40 - Transportation Network Companies › Section 32-40-15 - Required transportation network company disclosures to drivers.

32-40-15. Required transportation network company disclosures to drivers.
The transportation network company shall disclose in writing to each transportation network company driver the following before the driver is allowed to accept a request for a prearranged ride on the transportation network company's digital network:
(1)The insurance coverage, including the types of coverage and the limits for each coverage, that the transportation network company provides while the transportation network company driver uses a personal vehicle in connection with a transportation network company's digital network; and
(2)That the transportation network company driver's own motor vehicle insurance policy might not provide any coverage while the driver is logged on to the transportation network company's digital network and is available to receive transportation requests or is engaged in a prearranged ride, depending on its terms.
Source:
SL 2016, ch 167, §15.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 40 - Transportation Network Companies › Section 32-40-16 - Exclusions permitted in personal motor vehicle insurance policies.

32-40-16. Exclusions permitted in personal motor vehicle insurance policies.
Any insurer that writes motor vehicle insurance in this state may exclude any coverage afforded under the policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs while a driver is logged on to a transportation network company's digital network or while a driver provides a prearranged ride. This right to exclude all coverage may apply to any coverage included in a motor vehicle insurance policy including:
(1)Liability coverage for bodily injury and property damage;
(2)Personal injury protection coverage;
(3)Uninsured and underinsured motorist coverage;
(4)Medical payments coverage;
(5)Comprehensive physical damage coverage; and
(6)Collision physical damage coverage.
Source:
SL 2016, ch 167, §16.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 40 - Transportation Network Companies › Section 32-40-17 - Construction with financial responsibility law.

32-40-17. Construction with financial responsibility law.
Any exclusion as allowed by §32-40-16 applies notwithstanding any requirement under chapter 32-35. Nothing in this chapter implies or requires that a personal motor vehicle insurance policy provide coverage while the driver is logged on to the transportation network company's digital network, while the driver is engaged in a prearranged ride, or while the driver otherwise uses a vehicle to transport riders for compensation.
Source:
SL 2016, ch 167, §17.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 40 - Transportation Network Companies › Section 32-40-18 - Specific policy language not required for exclusion.

32-40-18. Specific policy language not required for exclusion.
Nothing in this chapter requires an insurer to use any particular policy language or reference to §32-40-16 in order to exclude any and all coverage for any loss or injury that occurs while a driver is logged on to a transportation network company's digital network or while a driver provides a prearranged ride.
Source:
SL 2016, ch 167, §18.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 40 - Transportation Network Companies › Section 32-40-19 - Primary or excess coverage for transportation network company driver's vehicle permitted.

32-40-19. Primary or excess coverage for transportation network company driver's vehicle permitted.
Nothing in this chapter precludes an insurer from providing primary or excess coverage for the transportation network company driver's vehicle, if it so chooses to do so by contract or endorsement.
Source:
SL 2016, ch 167, §19.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 40 - Transportation Network Companies › Section 32-40-20 - Insurer has no duty to defend or indemnify excluded claim.

32-40-20. Insurer has no duty to defend or indemnify excluded claim.
Any motor vehicle insurer that excludes the coverage described in §32-40-8 or 32-40-9 has no duty to defend or indemnify any claim expressly excluded by the policy. Nothing in this chapter invalidates or limits an exclusion contained in a policy including any policy in use or approved for use in this state prior to the enactment of this chapter that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public.
Source:
SL 2016, ch 167, §20.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 40 - Transportation Network Companies › Section 32-40-21 - Insurer's right of contribution.

32-40-21. Insurer's right of contribution.
A motor vehicle insurer that defends or indemnifies a claim against a driver that is excluded under the terms of the insurer's policy, shall have a right of contribution against other insurers that provide motor vehicle insurance to the same driver in satisfaction of the coverage requirements of §32-40-8 or 32-40-9 at the time of loss.
Source:
SL 2016, ch 167, §21.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 40 - Transportation Network Companies › Section 32-40-22 - Disclosures required in claims investigations.

32-40-22. Disclosures required in claims investigations.
In a claims coverage investigation, transportation network companies shall immediately provide upon request by directly involved parties or any insurer of the transportation network company driver if applicable, the precise times that a transportation network company driver logged on and off of the transportation network company's digital network in the twelve-hour period immediately preceding and in the twelve-hour period immediately following the accident. Any insurer providing coverage as set forth in §32-40-8 or 32-40-9 shall disclose upon request by any other such insurer involved in the particular claim, the applicable coverages, exclusions, and limits provided under any motor vehicle insurance maintained in order to satisfy the requirements of §§32-40-8 and 32-40-9.
Source:
SL 2016, ch 167, §22.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 40 - Transportation Network Companies › Section 32-40-23 - Municipal or county regulation of transportation network companies.

32-40-23. Municipal or county regulation of transportation network companies.
Nothing in this chapter may be construed to limit further regulation of a transportation network company enacted by a municipality or county. However, no municipality or county may enact further regulations relating to the insurance requirements provided in this chapter.
Source:
SL 2016, ch 167, §24.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 01 - Department Of The Military › Section 33-1-1 - Definitions.

33-1-1. Definitions.
Terms used in chapters 33-1 to 33-14, inclusive, mean:
(1)"Armed forces," includes the United States Army, the United States Navy, the United States Marine Corps, and the United States Air Force;
(2)"Department of Defense," the Department of Defense, the Department of the Army, Department of the Navy, or the Department of the Air Force, as appropriate under the laws of the United States;
(3)"Secretary of defense," the secretary of defense, the secretary of the army, the secretary of the navy, or the secretary of the air force, as appropriate under the laws of the United States;
(4)"Servicemember," any member serving in an active duty status in the armed forces of the United States, National Guard, or the Reserves;
(5)"Active duty," service pursuant to United States Code Title 10 or full-time National Guard duty pursuant to United States Code Title 32 §502(f)(2) as of January 1, 2012, for the purpose of homeland defense operations or for state active duty pursuant to §33-9-1; and
(6)"Deployment," the temporary transfer of a servicemember serving in active duty status to a location other than the servicemember's normal place of duty or residence in support of combat or military operations. The term includes the mobilization of a National Guard or Reserve servicemember to extended active duty status at any continental United States installation in support of military operations. The term does not include National Guard or Reserve annual training.
Source:
Added by the Code Commission in 1977 to clarify the terminology; SL 2012, ch 171, §1.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 01 - Department Of The Military › Section 33-1-2 - Adjutant general--Rank--Appointment--Qualifications.

33-1-2. Adjutant general--Rank--Appointment--Qualifications.
One adjutant general, in the grade of major general, shall be appointed and shall serve as provided by §1-32-3. At the time of appointment, the adjutant general shall be a federally recognized commissioned officer of the South Dakota National Guard, with not less than ten years military service in the armed forces of this state or of the United States. The officer appointed to the position of adjutant general shall meet all of the requirements of the officer's respective service to be appointed and receive federal recognition as a general officer in that service, including any waivers that may be authorized and granted or delegated by the secretaries of the Army or Air Force, as appropriate.
Source:
SL 1887, ch 100, §18; CL 1887, §1934; SL 1893, ch 117, §8; SL 1901, ch 176, §6; RPolC 1903, §2476; SL 1903, ch 185, §§5, 31; SL 1913, ch 267, §§5, 7; SL 1917, ch 297, §7; RC 1919, §10554; SDC 1939, §41.0107; SL 1947, ch 180, §3; SL 1964, ch 115, §1; SL 2007, ch 187, §1.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 01 - Department Of The Military › Section 33-1-2.1 - Office continued in Department of the Military.

33-1-2.1. Office continued in Department of the Military.
The Office of the Adjutant General and all other powers, duties, and functions of the adjutant general shall continue in the Department of the Military.
Source:
SL 1973, ch 2, §270; SL 2011, ch 1 (Ex. Ord. 11-1), §138, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 01 - Department Of The Military › Section 33-1-6 - Duties of adjutant general respecting communications--Recommendations to Governor--Coat of arms and seal--Charges against members of National Guard--Biennial census.

33-1-6. Duties of adjutant general respecting communications--Recommendations to Governor--Coat of arms and seal--Charges against members of National Guard--Biennial census.
The adjutant general shall distribute all orders from the Governor. The adjutant general is the organ of all written communication from the National Guard to the Governor and shall attend the Governor if required at review of the National Guard, or if ordered in the performance of military duty. The adjutant general shall present to the Governor all recommendations with reference to the Department of the Military and shall obey and issue orders given by the Governor in relation to the department and in all other military matters. The adjutant general may use the coat of arms of the state and the seal of the office, with the words added thereto, "State of South Dakota, the Adjutant General's Office." The adjutant general shall submit to the Governor copies of all charges properly preferred in writing against any officer or soldier of the National Guard, if desired by the person preferring the charge, as well as all proceedings of all general courts-martial. The adjutant general shall biennially make a return in triplicate of all the National Guard of the state and shall deliver a copy of the return to the Governor on or before the first day of December of each even-numbered year.
Source:
SL 1887, ch 100, §19; CL 1887, §1935; SL 1893, ch 117, §8; SL 1901, ch 167, §6; RPolC 1903, §2476; SL 1903, ch 185, §5; SL 1913, ch 267, §5; SL 1917, ch 297, §7; RC 1919, §10554; SDC 1939, §41.0107; SL 1947, ch 180, §3; SL 1964, ch 115, §1; SL 2007, ch 187, §3; SL 2011, ch 1 (Ex. Ord. 11-1), §§18, 27 eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 01 - Department Of The Military › Section 33-1-7 - Cooperation with and from other departments.

33-1-7. Cooperation with and from other departments.
Power is hereby vested in the adjutant general to secure data or information, or to procure assistance from the other departments, and a duty is hereby imposed upon the department upon which this demand is made, to make such power effective.
Source:
SL 1955, ch 150, §9; SDC Supp 1960, §41.01A09.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 01 - Department Of The Military › Section 33-1-8 - General staff--Composition and responsibilities--Assistants.

33-1-8. General staff--Composition and responsibilities--Assistants.
The general staff shall include such staff sections as are currently authorized by the Department of Defense in the table of organization for a state headquarters detachment. The responsibilities of the several staff sections and the duties of the several staff officers and administrative assistants shall be such as are prescribed by the regulations, order, or direction, of the Governor or of the adjutant general, and in accordance with the duties of like officers under the regulations of the armed forces of the United States.
Source:
SL 1913, ch 267, §8; SL 1917, ch 297, §10; RC 1919, §§10561, 10562; SDC 1939, §41.0115; SL 1947, ch 180, §4.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 01 - Department Of The Military › Section 33-1-9.1 - Department abolished--Performance of functions.

33-1-9.1. Department abolished--Performance of functions.
The Department of Military and Veterans Affairs is abolished, and all its functions shall be administered by the Department of the Military as provided by §1-46-5.
Source:
SL 1973, ch 2, §276; SL 2011, ch 1 (Ex. Ord. 11-1), §§18, 21, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 01 - Department Of The Military › Section 33-1-10 - Sections of National Guard Division--Assistant adjutants general--Qualifications of assistants.

33-1-10. Sections of National Guard Division--Assistant adjutants general--Qualifications of assistants.
Within the National Guard Division of the Department of the Military, there are separate sections for the Army National Guard and Air National Guard, with an assistant adjutant general in the grade of brigadier general as the head of each, under the general supervision and control of the adjutant general in the grade of major general. The qualifications of the assistant adjutants general for army and air are the same as those prescribed under applicable National Guard regulations for federal recognition in the grade of brigadier general and applicable Department of Army and Air Force and National Guard Bureau eligibility standards. At the time of appointment, the assistant adjutant generals shall be qualified or capable of meeting qualifications within a reasonable time and a federally recognized commissioned field grade officer of the South Dakota National Guard, with not less than eight years service in the National Guard of South Dakota.
Source:
SDC Supp 1960, §41.01A01 as added by SL 1964, ch 116; SL 1977, ch 269, §1; SL 2007, ch 187, §4; SL 2011, ch 1 (Ex. Ord. 11-1), §§18, 27 eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 01 - Department Of The Military › Section 33-1-10.1 - Assistant adjutants general--Tour of duty--Reappointment.

33-1-10.1. Assistant adjutants general--Tour of duty--Reappointment.
Notwithstanding the provisions of §33-1-14, there shall be appointed an assistant adjutant general for the Army National Guard and Air National Guard of the State of South Dakota, as authorized by §33-1-10. The tour of duty of the assistants shall be as specified in the orders of the Governor with the consent of the Senate appointing the assistants, and may be for any period not to exceed two years. Assistant adjutants general are eligible for reappointment.
Source:
SL 1969, ch 170; SL 1977, ch 269, §2; SL 2007, ch 187, §5.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 01 - Department Of The Military › Section 33-1-11 - Seal of department.

33-1-11. Seal of department.
The department shall have a seal which shall bear the words "Seal of the Department of the Military."
Source:
SL 1955, ch 150, §1; SDC Supp 1960, §41.01A01; SL 1964, ch 116; SL 1986, ch 272, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §18, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 01 - Department Of The Military › Section 33-1-12 - Adjutant general as general supervisor of department--Staff assistants.

33-1-12. Adjutant general as general supervisor of department--Staff assistants.
The adjutant general has general supervision and control of the Department of the Military subject to the orders and instructions of the Governor. The adjutant general may have such staff assistants in the several divisions named in this chapter as the adjutant general recommends and the Governor deems necessary for economical administration.
Source:
SL 1903, ch 185, §5; SL 1913, ch 267, §5; SL 1917, ch 297, §7; RC 1919, §10554; SDC 1939, §41.0107; SL 1947, ch 180, §3; SL 1964, ch 115, §1; SL 2007, ch 187, §6; SL 2011, ch 1 (Ex. Ord. 11-1), §18, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 01 - Department Of The Military › Section 33-1-13 - Staff sections and administrative assistants.

33-1-13. Staff sections and administrative assistants.
The Department of the Military shall include such staff sections and administrative assistants as may be necessary for the proper administration of the department in conformity with current state and federal laws and regulations.
Source:
SL 1913, ch 267, §8; SL 1917, ch 297, §7; RC 1919, §10554; SDC 1939, §41.0107; SL 1947, ch 180, §3; SL 1964, ch 115, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §18, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 01 - Department Of The Military › Section 33-1-14 - Qualifications of staff officers--Term of office--Vacancies.

33-1-14. Qualifications of staff officers--Term of office--Vacancies.
The staff officers of the Department of the Military, including authorized administrative assistants, shall have had previous military experience and shall hold their positions until they have reached the age of sixty years, unless retired prior to that time, by reason of resignation, disability, or for causes to be determined by a court-martial legally convened for the purpose; and vacancies in such offices shall be filled by appointment from the officers of the National Guard of the state.
Source:
SL 1917, ch 297, §7; RC 1919, §10554; SDC 1939, §41.0107; SL 1947, ch 180, §3; SL 1964, ch 115, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §18, eff. Apr. 12, 2011.