reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-20 - Aircraft to which additional tax applies--Exceptions and exemptions.

50-11-20. Aircraft to which additional tax applies--Exceptions and exemptions.
The provisions of §50-11-19 apply to all aircraft not previously registered in this state, except:
(1)Aircraft, owned by a person coming into this state from another state for the purpose of making the person's home within this state, and registered in the other state, are exempt from the additional original registration tax of this state to the extent of a similar additional original registration tax previously paid in the other state upon the purchase price of the aircraft. However, this exception applies only to the extent that under the law of the state of the person's residence like exemptions and privileges are granted to aircraft duly registered under the laws and owned by the residents of this state;
(2)Aircraft purchased by a resident of this state upon which the original registration tax of this state has previously been paid;
(3)Aircraft duly registered and certificated under chapter 50-12; or
(4)Aircraft owned or leased by a person coming into this state for the purposes of seasonally operating the person's aircraft licensed and operating pursuant to §38-21-20 or applying commercial fertilizer, and if the aircraft has been duly registered or licensed in such other state, are exempt from the additional registration tax. However, this exception applies only to the extent that under the law of the state of such person's residence like exemptions and privileges are granted to aircraft duly registered under laws and owned by the residents of this state.
Source:
SDC 1939, §2.0408 as enacted by SL 1949, ch 4, §2; SL 1966, ch 1, §5; SL 1969, ch 1; SL 1973, ch 289; SL 1993, ch 348, §15; SL 2010, ch 227, §76; SL 2014, ch 222, §89.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-21 - Promulgation of rules--Additional registration tax--Aeronautics fund.

50-11-21. Promulgation of rules--Additional registration tax--Aeronautics fund.
The commission may prescribe forms and promulgate rules pursuant to chapter 1-26 for the ascertainment, assessment, collection, or return of the additional original registration tax imposed by §50-11-19. Upon receipt of the original registration tax, the department shall pay it to the state treasurer to be credited to the aeronautics fund.
Source:
SDC 1939, §2.0408 as enacted by SL 1949, ch 4, §2; SL 1966, ch 1, §5; SL 1984, ch 311, §2; SL 1987, ch 356, §15; SL 2014, ch 222, §90; SL 2020, ch 203, § 18.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-21.1 - Jeopardy assessment of additional tax--Lien--Distress warrant--Bond.

50-11-21.1. Jeopardy assessment of additional tax--Lien--Distress warrant--Bond.
If the department believes that the assessment or collection of taxes is jeopardized by delay, the department may immediately make an assessment of the estimated tax and penalty and demand payment from the taxpayer. If the payment is not made, a lien may be filed and a distress warrant issued as provided in chapter 10-56. The department may accept a bond from the taxpayer to satisfy collection until the amount of tax legally due is determined and paid.
Source:
SL 1983, ch 103, §3; SL 2010, ch 227, §77.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-21.2 - Lien for tax or penalty.

50-11-21.2. Lien for tax or penalty.
Any tax or penalty due the state from a taxpayer is a lien in favor of the State of South Dakota upon all property and rights to property, whether real or personal, belonging to the taxpayer. In order to preserve the lien against subsequent mortgages, purchasers, or judgment creditors for value and without notice of the lien, on any property situated in a county, the department may file with the register of deeds of the county, in which the property is located, a notice of the lien in such form as the department elects.
Source:
SL 1983, ch 103, §4; SL 2010, ch 227, §78.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-22 - Sale or transfer of aircraft--Transferor's endorsement of registration and notice to department--Time limits--Violation as misdemeanor or felony.

50-11-22. Sale or transfer of aircraft--Transferor's endorsement of registration and notice to department--Time limits--Violation as misdemeanor or felony.
If an aircraft registered under this chapter is sold or transferred, the person in whose name the aircraft is registered shall complete and sign the endorsement on the back of the certificate of registration as prescribed by the department and shall, within seven working days, forward to the department by mail a notice of the sale or transfer including the date and place of the sale or transfer, and the name and address of the purchaser or transferee. A violation of this section is a Class 2 misdemeanor. A person who knowingly makes a false statement of a material fact in the certificate of registration is guilty of a Class 5 felony.
Source:
SDC 1939, §2.0409 as enacted by SL 1949, ch 4, §2; SL 1966, ch 1, §6; SL 1983, ch 15, §194; SL 1993, ch 348, §17; SL 2010, ch 227, §79; SL 2014, ch 222, §91; SL 2014, ch 223, §2; SL 2019, ch 203, §35.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-23 - Transferee's application for certificate of registration--Time limits--Violation as misdemeanor or felony.

50-11-23. Transferee's application for certificate of registration--Time limits--Violation as misdemeanor or felony.
The purchaser or transferee under §50-11-22 shall, within sixty days, apply to the department for the transfer of the registration of the aircraft to the purchaser's or transferee's name and the issuance of a new certificate of registration. A violation of this section is a Class 2 misdemeanor. A person who knowingly makes a false statement of a material fact in the application is guilty of a Class 5 felony.
The endorsed certificate of registration is void sixty days after the date of the sale or transfer of the aircraft.
Source:
SDC 1939, §2.0409 as enacted by SL 1949, ch 4, §2; SL 1966, ch 1, §6; SL 1983, ch 15, §195; SL 1993, ch 348, §18; SL 2010, ch 227, §80; SL 2014, ch 222, §92; SL 2014, ch 223, §3; SL 2019, ch 203, §36.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-25 - Exceptions to state registration requirements--Government aircraft.

50-11-25. Exceptions to state registration requirements--Government aircraft.
This chapter does not apply to any aircraft and person operating an aircraft that is owned by or used exclusively in the service of the United States, any state or political subdivision of the state, territory, possession of the United States, or the District of Columbia, and that is not engaged in carrying persons or property for commercial purposes.
Source:
SDC 1939, §2.0411 (1) as enacted by SL 1949, ch 4, §2; SL 2010, ch 227, §81; SL 2019, ch 203, §37.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-26 - Exceptions to state registration requirements--Military aircraft.

50-11-26. Exceptions to state registration requirements--Military aircraft.
This chapter does not apply to military aircraft and personnel of the United States government, or any aircraft and personnel licensed by a foreign country with which the United States has reciprocal relations, if the aircraft and personnel are not engaged in any intrastate commercial activity within this state.
Source:
SDC 1939, §2.0411 (2) as enacted by SL 1949, ch 4, §2; SL 2010, ch 227, §82; SL 2019, ch 203, §38.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-27 - Exemption of nonresidents from state registration for noncommercial activities--Failure to register after ninety days as misdemeanor.

50-11-27. Exemption of nonresidents from state registration for noncommercial activities--Failure to register after ninety days as misdemeanor.
Any aircraft of any resident of another state, and any nonresident person, having complied with the registration requirements of that state, may be operated or operate within this state for a period of not more than ninety days in any one year without complying with this chapter if the aircraft or person is not engaged in any intrastate commercial activity within this state, and that under the laws of the state of the person's residence, like exemptions and privileges are granted to aircraft owned by residents of this state and resident persons of this state duly registered under the laws of this state. A nonresident under this section is a person who has not resided within this state for a period of ninety days. Failure to register after ninety days is a Class 1 misdemeanor.
Source:
SDC 1939, §2.0411 (3) as enacted by SL 1949, ch 4, §2; SL 1983, ch 15, §197; SL 2019, ch 203, §39.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-28 - Exceptions to state registration requirements--Interstate or foreign commerce.

50-11-28. Exceptions to state registration requirements--Interstate or foreign commerce.
This chapter does not apply to any aircraft, or person operating an aircraft, which is engaged in regularly scheduled flying constituting an act of interstate or foreign commerce.
Source:
SDC 1939, §2.0411 (4) as enacted by SL 1949, ch 4, §2; SL 1983, ch 353, §1; SL 2019, ch 203, §40.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-29 - Exceptions to state registration requirements--Model aircraft, balloons, gliders, or sUAS.

50-11-29. Exceptions to state registration requirements--Model aircraft, balloons, gliders, or sUAS.
This chapter does not apply to any person operating model aircraft, balloons, gliders, or sUAS.
Source:
SDC 1939, §2.0411 (5) as enacted by SL 1949, ch 4, §2; SL 2010, ch 227, §83; SL 2018, ch 269, §36; SL 2019, ch 203, §41.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-33 - Certificate of registration--Permits--Alteration or forgery--Violation as felony.

50-11-33. Certificate of registration--Permits--Alteration or forgery--Violation as felony.
No person may:
(1)Alter, forge, or cause to be altered or forged a certificate of registration or permit issued under this chapter;
(2)Alter, forge, or cause to be altered or forged an assignment or endorsement of a certificate of registration; or
(3)Permit, or to hold or use a certificate, assignment, or endorsement knowing it has been altered or forged.
A violation of this section is a Class 5 felony.
Source:
SDC 1939, §2.0499 as enacted by SL 1949, ch 4, §2; SDC Supp 1960, §2.9906; SL 1983, ch 15, §201; SL 2019, ch 203, §42; SL 2020, ch 203, § 19.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 11 - Registration And Licensing Of Aircraft And Pilots › Section 50-11-35 - Application of original registration tax to leased aircraft.

50-11-35. Application of original registration tax to leased aircraft.
For aircraft leased for thirty-six calendar months or less, the original registration tax of four percent, as required under §50-11-19, applies only to the scheduled lease payments, excluding fuel, routine maintenance, insurance, and crew, and shall be paid by the lessee at the time payments are made to the lessor. For aircraft leased for more than thirty-six calendar months, by multiple short-term agreements or a long-term agreement, the original registration tax under §50-11-19 shall be assessed on the market value of the aircraft at the time registration is due as stated in the aircraft bluebook and price digest. The original registration tax shall be paid by the owner of the aircraft. A copy of the lease agreement shall be provided to the department with the application for registration. If the lessee purchases the aircraft during the lease, any amount paid to the department for registration taxes under this chapter shall be credited to taxes required under §50-11-19. The annual registration fee required under §§50-11-12 and 50-11-14 applies for each aircraft under lease.
Source:
SL 1993, ch 348, §14; SL 2019, ch 203, §43.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 12 - Aircraft Dealers › Section 50-12-2 - Aircraft dealer's license--Application--Contents.

50-12-2. Aircraft dealer's license--Application--Contents.
Any person desiring to sell or solicit as a dealer the sale of aircraft within South Dakota shall apply for an aircraft dealer's license to the department. For the original application, the person shall possess one or more aircraft under normal registration. The application shall be made in writing on a form furnished by the department and shall contain the following information:
(1)The name and physical address of the aircraft dealer;
(2)The physical address of each owner, director, or principal officer of such aircraft dealer. If the applicant is a foreign corporation, the application shall designate the state of incorporation, and the post office address of the registered office and registered agent of such corporation in South Dakota. Evidence shall be furnished showing that the foreign corporation has been granted authority to do business in South Dakota by the secretary of state. If the applicant is a foreign person or partnership, the application shall set forth the permanent business address in the foreign state; and
(3)Whether the applicant has previously been an aircraft dealer in South Dakota, and if so, the number of aircraft the applicant has sold within a period of twenty-four months preceding the date of the application.
Source:
SDC 1939, § 2.0702 as enacted by SL 1966, ch 1, § 9; SL 1980, ch 330, § 2; SL 2010, ch 227, § 84; SL 2014, ch 222, § 96; SL 2020, ch 203, § 20.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 12 - Aircraft Dealers › Section 50-12-3 - Issuance of license--Display--Violation as misdemeanor.

50-12-3. Issuance of license--Display--Violation as misdemeanor.
Upon determining that the applicant is entitled to a license, the department shall assign to the applicant a distinctive aircraft dealer license number, and issue the applicant the required number of dealer's certificates bearing the license number. Each licensed dealer shall display the license in a conspicuous place in the dealer's established place of business. Failure to display the license is a Class 2 misdemeanor.
Source:
SDC 1939, §2.0703 as enacted by SL 1966, ch 1, §9; SL 1983, ch 15, §203; SL 2010, ch 227, §85; SL 2014, ch 222, §97.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 12 - Aircraft Dealers › Section 50-12-3.1 - Place of business--Branch office or subagency.

50-12-3.1. Place of business--Branch office or subagency.
An aircraft dealer's place of business shall have a business name, and the telephone listing shall indicate the business is an aircraft-related place of business. The structure of an aircraft dealer's place of business shall be used primarily as a place of business for the sale or commercial use of aircraft.
A licensed aircraft dealer may maintain a branch office or subagency in more than one location in this state, if the dealer obtains a separate license for each location. Each application for a branch office or subagency at any location other than the principal place of business shall be submitted in accordance with §50-12-2.
Source:
SL 2019, ch 203, §44.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 12 - Aircraft Dealers › Section 50-12-4 - Dealer's license as applicable to aircraft in stock.

50-12-4. Dealer's license as applicable to aircraft in stock.
During such times as any aircraft is held by a licensed dealer for sale, exchange, delivery, test, or demonstration purposes, and solely as stock in trade of the dealer's business, an aircraft dealer's certificate may be used in said aircraft in lieu of any registration certificate, or sales, excise or other state tax as required by the laws of this state.
Source:
SDC 1939, §2.0704 as enacted by SL 1966, ch 1, §9.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 12 - Aircraft Dealers › Section 50-12-5 - Permissible uses of dealer's certificate--Violation as misdemeanor.

50-12-5. Permissible uses of dealer's certificate--Violation as misdemeanor.
A dealer's certificate issued under this chapter may be used only by a licensed aircraft dealer for aircraft owned or controlled by the dealer for the purposes of sale, resale, or flight instruction without charge. Use of a certificate for any purpose other than as permitted under this section is a Class 2 misdemeanor.
Source:
SDC 1939, §2.0704 as enacted by SL 1966, ch 1, §9; SL 1983, ch 15, §204; SL 2010, ch 227, §86; SL 2019, ch 203, §45.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 12 - Aircraft Dealers › Section 50-12-7 - Transfer of aircraft to new owner--Delivery of certificate to department--Violation as misdemeanor--Civil penalty.

50-12-7. Transfer of aircraft to new owner--Delivery of certificate to department--Violation as misdemeanor--Civil penalty.
Upon the sale of any aircraft bearing an aircraft dealer's certificate, the dealer shall comply with §§50-11-22 and 50-11-23. If possession of an aircraft is transferred to a new owner, the dealer shall deliver the aircraft dealer's certificate and sales affidavit to the department. The department shall hold the certificate until an application is received from the dealer for transfer to another aircraft. Any person who makes a false statement of a material fact on a sales affidavit under this section is guilty of a Class 1 misdemeanor. Failure to report aircraft purchases and sales as required under this chapter is punishable by a civil penalty equal to the annual registration fee as provided in §50-11-12. A civil penalty imposed under this section shall be deposited into the aeronautics fund.
Source:
SDC 1939, §2.0704 as enacted by SL 1966, ch 1, §9; SL 1993, ch 349, §2; SL 2010, ch 227, §87; SL 2019, ch 203, §46.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 12 - Aircraft Dealers › Section 50-12-8 - Dealer's commercial use stamp--Fee--Permissible uses under stamp--Violation as misdemeanor--Expiration of stamp.

50-12-8. Dealer's commercial use stamp--Fee--Permissible uses under stamp--Violation as misdemeanor--Expiration of stamp.
Upon application in writing on a form furnished by the department and the payment of a fee of one hundred dollars for each aircraft to be so used, the department shall furnish a dealer with a commercial use stamp upon which is printed the federal aircraft registration number (N, X, etc.). The stamp shall be affixed to the aircraft dealer's certificate as directed by the department. The stamp authorizes the aircraft to be used for aviation commercial purposes, but not for spraying, dusting, fertilizing, seeding, or defoliating. Use of the aircraft for prohibited purposes is a Class 2 misdemeanor.
The commercial use stamp shall expire twenty-four months following its issuance or at the expiration of the dealer certificate to which it is affixed, whichever occurs first.
Source:
SDC 1939, §2.0705 as enacted by SL 1966, ch 1, §9; SL 1980, ch 330, §4; SL 1983, ch 15, §205; SL 1993, ch 349, §3; SL 2010, ch 227, §88.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 12 - Aircraft Dealers › Section 50-12-9 - Registration of aircraft under §§ 50-11-12 and 50-11-19.

50-12-9. Registration of aircraft under §§50-11-12 and 50-11-19.
Any aircraft subject to registration under an aircraft dealer's certificate for a period exceeding twenty-four months shall be registered in accordance with §§50-11-12 and 50-11-19.
Source:
SDC 1939, §2.0705 as enacted by SL 1966, ch 1, §9; SL 1980, ch 330, §5; SL 2010, ch 227, §89; SL 2019, ch 203, §47.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 12 - Aircraft Dealers › Section 50-12-10 - Display of certificate and stamp--Possession of aircraft--Violation as misdemeanor.

50-12-10. Display of certificate and stamp--Possession of aircraft--Violation as misdemeanor.
The aircraft dealer's certificate and commercial use stamp shall at all times be conspicuously carried and displayed in the aircraft subject to such certificate and commercial use stamp. The aircraft if so licensed shall remain in the possession of or under the control of the licensed aircraft dealer. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §2.0705 as enacted by SL 1966, ch 1, §9; SL 1983, ch 15, §206; SL 2010, ch 227, §90.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 12 - Aircraft Dealers › Section 50-12-12 - Fee for dealer's license--Fee for additional dealer's certificates--Fee for additional commercial use stamps--Receipt for and disposition of fees.

50-12-12. Fee for dealer's license--Fee for additional dealer's certificates--Fee for additional commercial use stamps--Receipt for and disposition of fees.
The fee for an aircraft dealer's license is two hundred dollars for two calendar years or any fraction thereof. The fee shall accompany the application for the issuance or renewal of an aircraft dealer's license.
The fee for additional aircraft dealer's certificates is five dollars each. The fee for each additional commercial use stamp is one hundred dollars.
The Department of Transportation shall issue an appropriate receipt for all fees collected to the person paying it, and shall remit all fees to the state treasurer to be credited to the aeronautics fund of the state.
Source:
SDC 1939, §2.0707 as enacted by SL 1966, ch 1, §9; SL 1980, ch 330, §7; SL 1984, ch 311, §3.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 12 - Aircraft Dealers › Section 50-12-13 - Expiration of license and commercial use stamp.

50-12-13. Expiration of license and commercial use stamp.
The aircraft dealer's license as provided by §50-12-3 expires on the thirty-first day of January of the second year next succeeding the calendar year in which it was issued. The commercial use stamps as provided by §50-12-8 expire twenty-four months after they are issued, if a valid dealer's license is in effect. The commercial use stamp expires automatically if the aircraft dealer's license expires or the aircraft dealer no longer holds a valid aircraft dealer's license.
Source:
SDC 1939, §2.0707 as enacted by SL 1966, ch 1, §9; SL 1980, ch 330, §8; SL 2010, ch 227, §92; SL 2019, ch 203, §48.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 12 - Aircraft Dealers › Section 50-12-14 - Dealer's license--Renewal--Requirements--Appeal--Fees.

50-12-14. Dealer's license--Renewal--Requirements--Appeal--Fees.
Each licensed dealer on or before February first of the second year shall apply for the renewal of the dealer's license. The dealer shall verify having sold or brokered at least six aircraft within the past twenty-four calendar months. However, any dealer not meeting the requirements of this section may appeal to the commission for renewal of a dealer's license if the dealer can demonstrate reasonable cause for not meeting those requirements. The fee for the renewal of a license is the same as that required for an original license. Upon failure to apply for the renewal of the license, and to pay the renewal fee on or before the first day of February of the second year, an additional fee of ten dollars per month, or any fraction thereof, is required before the license shall be issued.
A former dealer may make an application for an original aircraft dealer's license after thirty-six months from the expiration date of the dealer's license.
Source:
SDC 1939, §2.0708 as enacted by SL 1966, ch 1, §9; SL 1980, ch 330, §9; SL 1993, ch 349, §4; SL 2010, ch 227, §93; SL 2020, ch 203, § 21.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 12 - Aircraft Dealers › Section 50-12-16 - Refusal, suspension, or revocation of dealer's license--Grounds.

50-12-16. Refusal, suspension, or revocation of dealer's license--Grounds.
The department may refuse to issue or renew, or may suspend or revoke, an aircraft dealer's license if the department has reasonable grounds to believe that the dealer has:
(1)Forged or altered any federal certificate, permit, rating, or license, relating to ownership or airworthiness of an aircraft;
(2)Sold or disposed of an aircraft which the dealer knows or has reason to know has been stolen or appropriated without the consent of the true owner;
(3)Willfully misrepresented any material fact in the application for an aircraft dealer's license;
(4)Willfully withheld or caused to be withheld from a purchaser any document required by the laws of this state, including an affidavit to the effect that there are no liens, mortgages, or encumbrances of any kind on the aircraft other than those noted thereon, if the document or affidavit has been requested by the purchaser;
(5)Used an aircraft dealer's certificate or a commercial use stamp for any purpose other than those permitted by this chapter, or used any such certificate or commercial use stamp after it has expired;
(6)Failed to keep and make available for inspection by the department a proper record of all aircraft bought and sold;
(7)Willfully refused to apply for or pay the fee for a renewal license after an issued dealer's license has expired;
(8)Failed to maintain an established place of business as required by this chapter;
(9)Maintained a branch office or subagency for the sale or soliciting of sales of aircraft without applying for and receiving a license for such branch office or subagency;
(10)Been refused a license, or had a license revoked by the licensing agencies for aircraft in this or any other state;
(11)Failed to register on or prior to certificate or commercial use stamp expiration date;
(12)Failed to renew license as required;
(13)Failed to notify the department upon sale of aircraft;
(14)Failed to promptly notify the department of an aircraft and place it on a certificate or use stamp or both; or
(15)Any other violation of this chapter or chapter 50-11 referenced in this chapter.
Source:
SDC 1939, §2.0710 as enacted by SL 1966, ch 1, §9; SL 1980, ch 330, §10; SL 1983, ch 354, §1; SL 1993, ch 349, §5; SL 2010, ch 227, §95; SL 2014, ch 222, §100.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 12 - Aircraft Dealers › Section 50-12-17 - Hearing on revocation, suspension, or nonrenewal--Notice of hearing--Appeal.

50-12-17. Hearing on revocation, suspension, or nonrenewal--Notice of hearing--Appeal.
No license may be revoked or suspended, nor may the renewal of any license be refused until after a hearing by the commission, of which the licensee has ten days' notice of the time and place of the hearing. If any license is revoked or suspended, or its renewal is refused, the person affected by the order may appeal the decision as provided in chapter 1-26.
Source:
SDC 1939, §2.0710 as enacted by SL 1966, ch 1, §9; SL 1983, ch 354, §2; SL 2014, ch 222, §101.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 12 - Aircraft Dealers › Section 50-12-18 - Return of fees upon refusal to issue license--Statement of reasons for refusal--Appeal.

50-12-18. Return of fees upon refusal to issue license--Statement of reasons for refusal--Appeal.
If the department refuses to issue a license upon an original application, the department shall remit to the applicant all fees accompanying the application. Refusal may be on any of the grounds as set forth in §50-12-16. The department shall set forth the reasons for the refusal to issue the license. The applicant may appeal the decision in pursuance to chapter 1-26.
Source:
SDC 1939, §2.0711 as enacted by SL 1966, ch 1, §9; SL 2010, ch 227, §96.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 12 - Aircraft Dealers › Section 50-12-20 - Promulgation of rules.

50-12-20. Promulgation of rules.
The commission may promulgate all necessary rules pursuant to chapter 1-26 for the purpose of carrying out the purposes and intent of this chapter.
Source:
SDC 1939, §2.0713 as enacted by SL 1966, ch 1, §9; SL 2010, ch 227, §98.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 12 - Aircraft Dealers › Section 50-12-22 - Inspection of dealer's records.

50-12-22. Inspection of dealer's records.
The department may inspect the pertinent books, letters, records, and contracts of any licensed aircraft dealer periodically or relating to specific complaints made against a dealer and which may be in violation of provisions of this chapter.
Source:
SL 1993, ch 349, §6; SL 2014, ch 222, §103.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 13 - Air Space And Operation Of Aircraft › Section 50-13-16 - Reckless operation of aircraft--Violation as misdemeanor--Considerations.

50-13-16. Reckless operation of aircraft--Violation as misdemeanor--Considerations.
It is a Class 1 misdemeanor for any person to operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger or be likely to endanger any person or property. In any proceeding for a violation of this section, the court in determining whether the operation was careless or reckless shall consider the standards for safe operation of aircraft prescribed by federal statutes, regulations, or advisories governing aeronautics.
Source:
SDC 1939, §2.9902; SL 1949, ch 8, §1; SL 1983, ch 15, §209; SL 2014, ch 222, §115; SL 2020, ch 203, § 22.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 13 - Air Space And Operation Of Aircraft › Section 50-13-17 - Operation of aircraft while intoxicated as misdemeanor.

50-13-17. Operation of aircraft while intoxicated as misdemeanor.
It is a Class 1 misdemeanor for any person who is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug to operate an aircraft in the air or on the ground or water. No person may operate an aircraft in the air or on the ground or water who has 0.04 percent or more, by weight, of alcohol in that person's blood.
Source:
SDC 1939, §2.9903 as enacted by SL 1947, ch 3; SL 1983, ch 15, §210; SL 2014, ch 222, §116.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 13 - Air Space And Operation Of Aircraft › Section 50-13-18 - Tampering with aircraft--Violation as misdemeanor.

50-13-18. Tampering with aircraft--Violation as misdemeanor.
No person may, without express or implied authority of the owner, operate, climb upon, enter, manipulate the controls or accessories of, set in motion, remove parts or contents therefrom, or otherwise tamper with any aircraft within this state with intent to injure the same or cause inconvenience to the owner or operator thereof, or knowingly cause or permit the same to be done.
A violation of this section is a Class 1 misdemeanor.
Source:
SL 1953, ch 4, §§1, 2; SDC Supp 1960, §§2.0117, 2.9911; SL 1983, ch 15, §211; SL 2020, ch 203, § 23.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 15 - Drones › Section 50-15-2 - Operation of drone--Compliance with federal law--Exemption.

50-15-2. Operation of drone--Compliance with federal law--Exemption.
Any operation of a drone in the state shall comply with all applicable Federal Aviation Administration regulations. Any drone operating under the authority of the Armed Forces of the United States, including the National Guard, is exempt from this chapter.
Source:
SL 2017, ch 202, § 2; SL 2020, ch 187, § 2; SL 2020, ch 203, § 24.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 15 - Drones › Section 50-15-3 - Authorization required to operate drone over certain facilities--Violation as misdemeanor.

50-15-3. Authorization required to operate drone over certain facilities--Violation as misdemeanor.
No person may operate a drone over the grounds of a prison, correctional facility, jail, juvenile detention facility, or any military facility unless expressly authorized by the administrator thereof. A violation of this section is a Class 1 misdemeanor.
Source:
SL 2017, ch 202, §3.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 15 - Drones › Section 50-15-4 - Prohibited delivery of contraband or controlled substance--Felony.

50-15-4. Prohibited delivery of contraband or controlled substance--Felony.
Any person who uses a drone to deliver contraband or controlled substances to a state prison or other correctional facility is guilty of a Class 6 felony in addition to the penalty for the principal offense.
Source:
SL 2017, ch 202, §4.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 15 - Drones › Section 50-15-5 - Eavesdropping--Violation of privacy--Misdemeanor.

50-15-5. Eavesdropping--Violation of privacy--Misdemeanor.
No person may, except as authorized by law, intentionally use a drone to photograph, record, or otherwise observe another person in a private place where the person has a reasonable expectation of privacy. A person who violates this section is guilty of a Class 1 misdemeanor.
This section does not apply to:
(1)Law enforcement officers, or to those acting under the direction of a law enforcement officer, while engaged in the performance of the officer's lawful duties;
(2)A drone operator operating a drone for bona fide business or bona fide government purposes who unintentionally or incidentally photographs, records, or otherwise observes another person in a private place; or
(3)A designated emergency management worker operating a drone within the scope of the worker's duties.
Source:
SL 2021, ch 95, § 2.
2023 South Dakota Codified Laws › Title 50 - Aviation › Chapter 15 - Drones › Section 50-15-6 - Trespassing--Drone--Misdemeanor.

50-15-6. Trespassing--Drone--Misdemeanor.
No person may, except as authorized by law, land a drone on the real property or the waters of a landowner who owns the real property beneath the water body, without the landowner's consent. It is an affirmative defense if the landing was a forced landing, but in the case of forced landing, the owner or lessee of the drone remains liable for any damage resulting from a forced landing. A person who violates this section is guilty of a Class 1 misdemeanor.
Source:
SL 2021, ch 95, § 3.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 01 - Definitions, General Provisions And Penalties › Section 51A-1-1 - Applicability of provisions--Retention of capital structure by banks.

51A-1-1. Applicability of provisions--Retention of capital structure by banks.
Any bank, branch bank, drive-in facility, bank service corporation or other entity by its term subject to this title, is subject to this title, except that the legality of their organization under prior law is not affected by this title. Banks may retain their capital structure. However the director may order any bank to comply with the capitalization requirements of this title or such additional amounts as he deems necessary upon a finding by him that the sound conduct of banking will be jeopardized by the retention of such prior capital structure.
Source:
SL 1969, ch 11, §1.13; SDCL, §51-15-13; SL 1988, ch 377, §11; SDCL, §51-15-1.1.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 01 - Definitions, General Provisions And Penalties › Section 51A-1-3 - Adverse claims against bank deposits, contents of safe deposit box or property in safekeeping.

51A-1-3. Adverse claims against bank deposits, contents of safe deposit box or property in safekeeping.
Notice to any bank of an adverse claim to a deposit or other item standing on its books to the credit of any person, or to the contents of a safe deposit box or property held in safekeeping, shall not be sufficient to cause said bank to recognize such adverse claim unless:
(1)In the case of a deposit, the adverse claimant shall execute and deliver to such bank, in form and with sureties acceptable to it, a bond indemnifying such bank from any and all liability on account of the recognition by the bank of such adverse claim, or unless such adverse claim is made through acts or proceedings pursuant to law;
(2)In the case of a safe deposit box, such box is leased or the property is held in the name of the lessee under a written instrument designating that the contents constitute property held in a fiduciary capacity, and the adverse claim is supported by a verified statement of facts disclosing that it is made by or on behalf of a beneficiary or other person having an interest therein and that there is good cause to believe that the contents thereof are in danger of misappropriation, unless the bank is directed to do so by a court order.
Source:
SL 1927, ch 55; SDC 1939, §6.0416; SDCL, §51-10-12; SL 1969, ch 11, §1.2; SDCL, §51-15-2.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 01 - Definitions, General Provisions And Penalties › Section 51A-1-4 - Disqualification of officer, employee or director for violation--Civil liability.

51A-1-4. Disqualification of officer, employee or director for violation--Civil liability.
Any officer, employee or director of a bank who is convicted of violating any of the provisions of this title is disqualified from thereafter acting as an officer, employee or director of any bank and is liable in a civil action to such bank or any of its stockholders for all losses sustained by reason of such violations.
Source:
SL 1925, ch 92; SL 1927, ch 53; SL 1933, ch 50; SDC 1939, §6.0441; SDCL, §51-1-6; SL 1969, ch 11, §1.3; SL 1988, ch 377, §2; SDCL, §51-15-3.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 01 - Definitions, General Provisions And Penalties › Section 51A-1-5 - Failure to obey director's orders--Civil liability.

51A-1-5. Failure to obey director's orders--Civil liability.
Any officer, employee, or director of a bank who fails to obey any lawful order made by the director or commission under provisions of this title is subject to the imposition of a civil fine by the director or commission not exceeding one thousand dollars per violation for each day the officer, employee, director, or bank has willfully failed to comply with the order. Any funds received from such fines shall be deposited in the banking special revenue fund.
Source:
SDC 1939, §6.9911; SDCL §51-1-4; SL 1969, ch 11, §1.4; SL 1980, ch 24, §76; SL 1988, ch 377, §3; SDCL §51-15-4; SL 2008, ch 252, §2.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 01 - Definitions, General Provisions And Penalties › Section 51A-1-6 - Procedure to recover fine.

51A-1-6. Procedure to recover fine.
Any proceeding commenced to recover any civil fine under §51A-1-5 shall be conducted in accordance with the provisions of chapter 1-26.
Source:
SL 1988, ch 377, §4; SDCL, §51-15-4.1.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 01 - Definitions, General Provisions And Penalties › Section 51A-1-7 - Injunction against violation.

51A-1-7. Injunction against violation.
Whenever a violation of this title by a bank or an officer, director, or employee thereof is threatened or pending, the director may make application pursuant to law for an injunction or other appropriate remedy.
Source:
SL 1969, ch 11, §1.5; SL 1988, ch 377, §5; SDCL, §51-15-5.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 01 - Definitions, General Provisions And Penalties › Section 51A-1-8 - Liability of bank as insurer or as guarantor or endorser of security instrument prohibited.

51A-1-8. Liability of bank as insurer or as guarantor or endorser of security instrument prohibited.
Except as expressly permitted in this title, a bank shall not assume liability as an insurer or as a guarantor or endorser of any security instrument or obligation in which or with respect to which it has no property interest.
Source:
SL 1969, ch 11, §1.6; SDCL, §51-15-6.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 01 - Definitions, General Provisions And Penalties › Section 51A-1-9 - Concealment of bank transactions as misdemeanor.

51A-1-9. Concealment of bank transactions as misdemeanor.
It is a Class 1 misdemeanor for an officer, director, employee or agent of a bank to conceal or endeavor to conceal any transaction of the bank from any officer, director or employee of the bank or any official or employee of the division to whom it should properly be disclosed.
Source:
SL 1969, ch 11, §1.8; SL 1970, ch 265, §2; SL 1980, ch 24, §81; SL 1988, ch 377, §7; SDCL, §51-15-8.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 01 - Definitions, General Provisions And Penalties › Section 51A-1-10 - False entries--Obstruction of examination--Felonies.

51A-1-10. False entries--Obstruction of examination--Felonies.
It is a Class 4 felony for an officer, director, employee, or agent of a bank:
(1)With intent to deceive, to make any false or misleading statement or entry or omit any statement or entry that should be in any book, account, report, or statement of the bank; or
(2)To obstruct or endeavor to obstruct a lawful examination of the bank by an officer or employee of the division.
Source:
SL 1969, ch 11, §1.9; SL 1970, ch 265, §3; SL 1980, ch 24, §82; SDCL, §51-15-9; SL 2006, ch 130, §18.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 01 - Definitions, General Provisions And Penalties › Section 51A-1-11 - False filing as misdemeanor.

51A-1-11. False filing as misdemeanor.
No person may knowingly file or cause to be filed any statement, information, application, report, document or other form of proof with the director or the commission which is in whole or in part materially false nor may any person knowingly make or cause to be made any false entry in any book, document, record, application, information or other proof filed with the director or the commission pursuant to this title or pursuant to an order or request of the director or commission. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1981, ch 346, §3; SDCL, §51-15-16; SL 1988, ch 377, §12; SDCL, §51-15-9.1.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 01 - Definitions, General Provisions And Penalties › Section 51A-1-12 - Payment or indemnification of person for fine, penalty or judgment unlawful--Civil liability--Exceptions--Action to recover payments.

51A-1-12. Payment or indemnification of person for fine, penalty or judgment unlawful--Civil liability--Exceptions--Action to recover payments.
It is unlawful for a bank to pay a fine or penalty imposed by law upon any other person or to reimburse directly or indirectly any person by whom such fine or penalty has been paid. Any bank that makes an unlawful payment is subject to the imposition of a civil fine by the director or commission not to exceed one hundred dollars for each unlawful payment. A bank may reimburse any person in settlement of its own liability or in connection with the acquisition of property against which the judgment is a lien, or as provided in §51A-3-31. Any payments made by a bank in violation of this section are recoverable for the bank in an action instituted pursuant to the provisions of chapter 1-26 by the division from the person who benefited from such payment.
Source:
SL 1969, ch 11, §1.10; SL 1980, ch 24, §78; SL 1988, ch 377, §8; SDCL, §51-15-10.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 01 - Definitions, General Provisions And Penalties › Section 51A-1-13 - Misappropriation of funds or information by officer, director, or employee as felony.

51A-1-13. Misappropriation of funds or information by officer, director, or employee as felony.
Any officer, director or employee of a bank, who wrongfully diverts or takes any of the money, funds, credits, data, information or property of the bank, whether owned by it or held in trust, who wrongfully withholds payment or remittance of the proceeds of any collection which may come into his hands, who without authority of the directors, issues or puts forth any certificate of deposit, draws any order or bill of exchange, makes any acceptance, assigns any note, bond, draft, bill of exchange, judgment or mortgage, or who makes any false entry in any book, report or statement of the bank or report or statement required by the provisions of this title, with intent to injure the bank or any person, or to deceive any officer of the bank, anyone appointed to examine the affairs of the bank, or any other person, is guilty of a Class 5 felony.
Source:
SL 1909, ch 222, art 2, §§19, 39; SL 1911, ch 255, §32; SL 1915, ch 102, art 2, §§22, 43; RC 1919, §§8969, 8991, 9062; SL 1923, ch 116, §1; SDC 1939, §§6.9903, 6.9910; SDCL, §§51-1-2, 51-12-11; SL 1969, ch 11, §1.11; SL 1980, ch 24, §79; SL 1988, ch 377, §9; SDCL, §51-15-11.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 01 - Definitions, General Provisions And Penalties › Section 51A-1-14 - Receipt, possession, or sale of misappropriated funds or information as felony.

51A-1-14. Receipt, possession, or sale of misappropriated funds or information as felony.
Any person who receives, possesses, conceals, stores, barters, sells or disposes of any money, funds, credits, data, information or property, knowing the same to have been wrongfully diverted or taken from the bank, is guilty of a Class 5 felony.
Source:
SL 1988, ch 377, §10; SDCL, §51-15-11.1.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 01 - Definitions, General Provisions And Penalties › Section 51A-1-15 - Acknowledgments by officers or employees of banks validated.

51A-1-15. Acknowledgments by officers or employees of banks validated.
No public officer qualified to take acknowledgments or proofs of written instruments may be disqualified for taking the acknowledgment or proof of any instrument in writing in which a bank is interested by reason of his employment, whether as officer or employee, or by reason of his stock ownership or director status in a bank so interested, and any such acknowledgments or proofs taken before July 1, 1981, are hereby validated.
Source:
SL 1981, ch 346, §2; SDCL, §51-15-15.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 01 - Definitions, General Provisions And Penalties › Section 51A-1-16 - Severability of provisions.

51A-1-16. Severability of provisions.
If any provision of this title or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications to this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are declared to be severable.
Source:
SL 1969, ch 11, §14.2, SDCL, §§51-15-14, 51-15-17.
2023 South Dakota Codified Laws › Title 51A - Banks and Banking › Chapter 01 - Definitions, General Provisions And Penalties › Section 51A-1-17 - No duty to disclose information about customers--Exceptions.

51A-1-17. No duty to disclose information about customers--Exceptions.
Any regulated lender as defined in §54-3-14 has no duty to disclose information about its customers and has no duty to provide an opinion about the creditworthiness of its customers unless such information or opinion is required pursuant to a valid subpoena, court order, statute, or other legal process, or unless the customer authorizes the release of such information or opinion. A regulated lender may restrict the dissemination of information and creditworthiness of its customers by written policy or agreement.
Source:
SL 2000, ch 224, §1.