reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-27 - Application for self-insurance association--Form.

58-20-27. Application for self-insurance association--Form.
An association proposing to self-insure its workers' compensation liability shall apply to the department for the authority to self-insure, using forms available from the department. The application shall include:
(1)The association's name;
(2)The location and mailing address of the association's principal office and where its books and records are kept;
(3)The name and address of each member of the association;
(4)A copy of the bylaws or plan of operation adopted by the association;
(5)Proof of compliance with §58-20-28;
(6)A sample copy of the agreement between the association and the members securing the payment of each member's workers' compensation liability;
(7)A pro forma financial statement, on a form acceptable to the department, showing the financial ability of the association to pay the workers' compensation liability of its members; and
(8)The required application fee.
Source:
SL 1995, ch 282, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-28 - Requirements to obtain self-insurance certificate.

58-20-28. Requirements to obtain self-insurance certificate.
To obtain and maintain its certificate an association shall:
(1)Have sufficient assets, net worth, and liquidity to promptly meet all obligations of the association's members under §§58-20-25 to 58-20-40, inclusive, and their workers' compensation liability. In determining whether an association is in sound financial condition, consideration shall be given to the combined net worth of the member companies; the combined long-term and short-term debt to equity ratios of the member companies; other financial data requested by the department or submitted by the group; and the combined workers' compensation experience of the group for the last three years;
(2)Furnish to the department security in the form of a bond, cash, certificate of deposit, government securities, irrevocable letter of credit, irrevocable trust, in any combination, in an amount equal to the greater of:
(a)Two hundred fifty thousand dollars; or
(b)Twenty-five percent of the association's preceding year's gross annual assessments to its members;
(3)Obtain specific and aggregate excess insurance by an insurance company licensed to conduct business in South Dakota; and
(4)Maintain an indemnity agreement jointly and severally binding the association and each member of the association to meet the workers' compensation liability of each member.
Source:
SL 1995, ch 282, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-29 - Granting self-insurance application--Revocation.

58-20-29. Granting self-insurance application--Revocation.
The department shall grant or deny the association's application to self-insure within sixty days after a complete application has been filed. However, the time may be extended for an additional thirty days upon fifteen days' prior notice to the applicant. The department shall grant a certificate upon a determination that the association has complied with the requirements of §§58-20-25 to 58-20-40, inclusive, or the department shall issue an order denying a certificate setting forth the reasons for such refusal. Approval of the certificate shall remain effective until voluntarily terminated by the request of the association pursuant to §58-20-33 or revoked by order of the department. A certificate may be revoked by the department if the association has failed to comply with §§58-20-25 to 58-20-40, inclusive, rules promulgated hereunder, or for a violation of §58-20-38. If issued by the department, a certificate authorizes the association to provide workers' compensation benefits and establishes compliance by the association's members with §62-5-1.
Source:
SL 1995, ch 282, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-30 - Examination of self-insurance association's activities and records.

58-20-30. Examination of self-insurance association's activities and records.
The department may examine the affairs, transactions, accounts, records, assets, and liabilities of any association created under §§58-20-25 to 58-20-40, inclusive, as deemed reasonably necessary.
Source:
SL 1995, ch 282, §6.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-31 - Promulgation of rules governing self-insurance associations.

58-20-31. Promulgation of rules governing self-insurance associations.
The department may promulgate rules governing associations pursuant to chapter 1-26 concerning:
(1)Application, financial, annual reports, or other forms to be created by the department under §§58-20-25 to 58-20-40, inclusive;
(2)Financial requirements of the department for approving and maintaining a certificate;
(3)Requiring an application fee not to exceed two thousand dollars; and
(4)Requiring the association to process and act upon claims in accordance with the guidelines applicable for domestic insurance companies.
Source:
SL 1995, ch 282, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-32 - Voluntary termination of participation in self-insurance association.

58-20-32. Voluntary termination of participation in self-insurance association.
A member may voluntarily terminate its participation in an association by giving written notice to the other members of the association and the department at least ninety days before the desired termination date. The voluntary termination shall be approved by the department if it finds that the terminating member and the remaining members of the association are in good standing and have met all requirements of §§58-20-25 to 58-20-40, inclusive.
Source:
SL 1995, ch 282, §8.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-33 - Involuntary termination of membership in self-insurance association.

58-20-33. Involuntary termination of membership in self-insurance association.
A member may be involuntarily terminated as a member of the association if the department finds, after due notice and hearing, that the member:
(1)Has failed to pay any contribution or assessment due to the association;
(2)Has failed to comply with §§58-20-25 to 58-20-40, inclusive, or the rules promulgated pursuant to §§58-20-25 to 58-20-40, inclusive; or
(3)Has failed to comply with the bylaws, loss control policies or discharge any other obligation it owes to the association.
A hearing may be initiated by the department on its own initiative or upon the request of the association's board of directors.
Source:
SL 1995, ch 282, §9.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-34 - Liability for contractual obligations subsequent to termination in self-insurance association.

58-20-34. Liability for contractual obligations subsequent to termination in self-insurance association.
Any member who voluntarily terminates its membership in the association, or who is involuntarily terminated as a member of the association, shall nevertheless remain liable subsequent to the date of termination for all contractual obligations it entered into with the association during its membership in the association.
Source:
SL 1995, ch 282, §10.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-35 - Annual report of affairs of self-insurance associations.

58-20-35. Annual report of affairs of self-insurance associations.
Each year after an association has been granted a certificate, the association shall file with the department an annual report of its affairs and operations during the last preceding calendar year. The report shall be made in such form and shall contain such information as the department may require in order to protect the public interest and the interests of the members of the association. An association shall provide a copy of its last fiscal year CPA audit of its operations to the department if requested.
Source:
SL 1995, ch 282, §11.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-36 - Dissolution of self-insurance association to be approved by department.

58-20-36. Dissolution of self-insurance association to be approved by department.
No association may be voluntarily dissolved or otherwise cease to function without written approval by the department after the department has determined that all claims and other legal obligations of the association have been paid or that adequate provisions for such payment have been made.
Source:
SL 1995, ch 282, §12.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-37 - Deficiency of self-insurance associations made up by members.

58-20-37. Deficiency of self-insurance associations made up by members.
If the assets of an association are at any time insufficient to enable the association to discharge its liabilities and obligations, the association's members shall make up the deficiency or the department may order the association to levy an assessment upon its members in an amount necessary to make up the deficiency.
Source:
SL 1995, ch 282, §13.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-38 - Revocation of self-insurance association's certificate.

58-20-38. Revocation of self-insurance association's certificate.
If an association fails to make up a deficiency or to make the required assessment of its members pursuant to §58-20-37 within thirty days after the department orders it to do so, or if the deficiency is not fully made up within sixty days after the date on which the assessment is made, or within a longer period of time as may be specified by the department, the department shall revoke the association's certificate.
Source:
SL 1995, ch 282, §14.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-39 - Self-insurance association not an insurance company.

58-20-39. Self-insurance association not an insurance company.
Notwithstanding any other provision of law to the contrary, any association organized pursuant to §§58-20-25 to 58-20-40, inclusive, is not an insurance company or insurer under the laws of this state; any agreement forming an association does not constitute insurance or the conduct of an insurance business; and no association organized pursuant to §§58-20-25 to 58-20-40, inclusive, may be a member of the South Dakota Insurance Guaranty Association.
Source:
SL 1995, ch 282, §15.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 20 - Workers' Compensation Insurance › Section 58-20-40 - Proceedings or investigations by department.

58-20-40. Proceedings or investigations by department.
The provisions of chapter 1-26 govern all proceedings or investigations of the department pursuant to §§58-20-25 to 58-20-40, inclusive.
Source:
SL 1995, ch 282, §16.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 21 - Surety Insurance › Section 58-21-1 - Qualifications of sole surety on official bonds.

58-21-1. Qualifications of sole surety on official bonds.
Whenever any bond, undertaking, recognizance, or other obligation is by law, or the charter, ordinances, rules, or regulations of any municipality, board, body, organization, court, judge, or public officer, required or permitted to be made, given, tendered, or filed, with surety or sureties, and whenever the performance of any act, duty, or obligation, or the refraining from any act, is required or permitted to be guaranteed, such bond, undertaking, obligation, recognizance, or guaranty may be executed by a surety insurer qualified to act as surety or guarantor as provided in this chapter.
Source:
SL 1966, ch 111, ch 28, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 21 - Surety Insurance › Section 58-21-2 - Certificate of authority as evidence of qualifications.

58-21-2. Certificate of authority as evidence of qualifications.
A valid subsisting certificate of authority or duly certified copy thereof issued by the director to a surety insurer shall be accepted as evidence of qualification to become sole surety on all bonds, undertakings, recognizances, and obligations required or permitted by law, or in the charter, ordinances, rules, or regulations of any municipality, board, organization, court, judge, or public officer, without further proof or qualification regarding solvency, credit, or financial sufficiency to act as surety.
Source:
SL 1966, ch 111, ch 28, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 21 - Surety Insurance › Section 58-21-3 - Execution by insurer of official bonds--Compliance with law, rule, or regulation.

58-21-3. Execution by insurer of official bonds--Compliance with law, rule, or regulation.
Execution by such insurer of such bond, undertaking, obligation, recognizance, or guaranty shall be in all respects a full and complete compliance with every requirement of every law, charter, ordinance, rule, or regulation, that such bond, undertaking, obligation, recognizance, or guaranty shall be executed by one surety or by one or more sureties, or that such surety shall be a resident, or householder, or freeholder, or either or both, or possess any other qualifications; and all courts, judges, heads of departments, boards, bodies, municipalities, and public officers of every character shall accept and treat accordingly such bond, undertaking, obligation, recognizance, or guaranty when so executed by such insurer, as conforming to and fully and completely complying with every such requirement of every such law, charter, ordinance, rule, or regulation.
Source:
SL 1966, ch 111, ch 28, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 21 - Surety Insurance › Section 58-21-4 - Forfeitures for unauthorized business--Amount--Action to recover.

58-21-4. Forfeitures for unauthorized business--Amount--Action to recover.
Any such insurer doing business in this state without a valid certificate of authority shall forfeit one hundred dollars for every day it neglects to procure such certificate. Any insurance producer making assurance or soliciting applications for any insurer having no such certificate shall forfeit the sum of three hundred dollars, and any person acting for an insurer authorized to transact business in this state without having the required insurance producer's certificate in the person's possession shall be liable to pay twenty-five dollars for each day's neglect to procure such certificate. Such penalties may be recovered in a civil action in the circuit court of any county in this state.
Source:
SL 1966, ch 111, ch 28, §4; SL 2001, ch 286, §130.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 21 - Surety Insurance › Section 58-21-5 - Release from liability on official bonds.

58-21-5. Release from liability on official bonds.
A surety insurer may be released from its liability on a bond referred to in §58-21-1 upon the same terms and conditions as are by law prescribed for the release of individual sureties.
Source:
SL 1966, ch 111, ch 28, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-1 - Definition of terms.

58-22-1. Definition of terms.
Terms used in this chapter mean:
(1)"Bail bond," cash, property or surety given to obtain a defendant's release;
(1A)"Bail bondsman," a surety bondsman, professional bondsman, or a property bondsman;
(1B)"Cash," the coins and bills issued by the government of the United States and does not include the transfer of funds electronically;
(2)"Insurer," any domestic, foreign, or alien surety company which has qualified generally to transact surety business and specifically to transact bail bond business in this state;
(3)"Professional bondsman," any person who has been approved by the director and who pledges cash or approved unregistered bonds as security for a bail bond in connection with a judicial proceeding and receives or is promised money or other things of value;
(4)"Property bondsman," a person who pledges real or other property as security for a bail bond in a judicial proceeding and who receives or is promised money or other things of value therefor;
(5)"Runner," a person employed by a bail bondsman for the purpose of assisting the bail bondsman in presenting the defendant in court when required or to assist in apprehension and surrender of defendant to the court, or keeping defendant under necessary surveillance. This does not affect the right of a bail bondsman to hire counsel or to ask assistance of law enforcement officers;
(6)"Surety bondsman," any person who has been approved by the director and appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with judicial proceedings and who receives or is promised money or other things of value therefor.
Source:
SL 1966, ch 111, ch 31, §1; SL 2013, ch 250, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-2 - Qualifications of surety for release of person on bail.

58-22-2. Qualifications of surety for release of person on bail.
Each and every surety for the release of a person on bail shall be qualified as:
(1)An insurer and represented by a surety bondsman or bondsmen; or
(2)A professional bondsman properly qualified and approved by the director; or
(3)A natural person who has reached the age of twenty-one years, a citizen of the United States and a bona fide resident of South Dakota for a period of one year immediately last past and who holds record title to property in South Dakota acceptable to the proper authority approving the bail bond.
Source:
SL 1966, ch 111, ch 31, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-3 - Persons disqualified as bail bondspersons or runners--Violation as felony.

58-22-3. Persons disqualified as bail bondspersons or runners--Violation as felony.
The following persons or classes may not be bail bondspersons or runners and may not directly or indirectly receive any benefits from the execution of any bail bond: jailers, police officers, committing magistrates, magistrate court judges, sheriffs, deputy sheriffs, and constables, any person having the power to arrest or having anything to do with the control of federal, state, county, or municipal prisoners. Violation of this section is a Class 6 felony.
Source:
SL 1966, ch 111, ch 31, §§17, 27; SDCL, §58-22-48; SL 1978, ch 359, §2; SL 1998, ch 296, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-4 - License required to act as bail bondsperson or runner--Exception--Violation as felony or misdemeanor.

58-22-4. License required to act as bail bondsperson or runner--Exception--Violation as felony or misdemeanor.
No person may act in the capacity of a bail bondsperson or runner or perform any of the functions, duties, or powers prescribed for bail bondsperson or runners under the provisions of this chapter unless that person is qualified and licensed as provided in this chapter. However, none of the provisions of this section prohibit any person, from pledging real or other property as security for a bail bond in judicial proceedings if that person does not receive, or is not promised, money or other things of value therefor. Acting in the capacity of a bail bondsperson or runner without being licensed is a Class 6 felony. Receipt of money or other things of value by any person not acting in the capacity of a bail bondsperson is a Class 2 misdemeanor.
Source:
SL 1966, ch 111, ch 31, §§5, 27; SDCL, §58-22-48; SL 1978, ch 359, §2; SL 1998, ch 296, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-5 - Licenses to individuals only--Examination waived for persons previously acting--Exemptions.

58-22-5. Licenses to individuals only--Examination waived for persons previously acting--Exemptions.
No license may be issued except in compliance with this chapter and none may be issued except to an individual. However, any person performing the functions of a bail bondsperson or runner, within the definition of this chapter, on July 1, 1966, is not required to take an examination, but shall be issued a license upon making the application required by this chapter, and renewals shall be granted subject to the provisions of §§58-22-6, 58-22-19, and 58-22-21. The provisions of this chapter do not apply to the holder of a valid all lines fire and casualty insurance producer's license held prior to July 1, 1998.
A firm, partnership, association, or corporation, as such need not be licensed.
Source:
SL 1966, ch 111, ch 31, §5; SL 1998, ch 296, §3; SL 2001, ch 286, §131.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-6 - Application for license--Affirmative showing of qualifications.

58-22-6. Application for license--Affirmative showing of qualifications.
The application for license, in addition to the other matters set out in this chapter to serve as a bail bondsperson shall affirmatively show that the applicant is a natural person who has reached the age of twenty-one years, is a citizen of the United States, has been a bona fide resident of the state for the preceding year, will actively engage in the bail bond business, and has not been convicted of, or pled guilty or nolo contendere to, a felony or a crime involving moral turpitude or any crime involving moral turpitude. The director of the Division of Insurance may waive the restriction relating to the conviction of, or plea of guilty or nolo contendere to, a felony if three years have elapsed since the completion of the sentence imposed by the court in connection with the violation.
Source:
SL 1966, ch 111, ch 31, §7; SL 1998, ch 296, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-7 - License fee submitted to director--Fingerprints and photograph of applicant.

58-22-7. License fee submitted to director--Fingerprints and photograph of applicant.
A license fee of thirty dollars shall be submitted to the director with each application for license as bail bondsperson.
The applicant shall also furnish with the application, a complete set of the applicant's fingerprints and a recent credential-size full face photograph of the applicant. The applicant's fingerprints shall be certified by an authorized law enforcement officer.
Source:
SL 1966, ch 111, ch 31, §8; SL 1998, ch 296, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-8 - Surety bondspersons annual list--Subsequent appointments--Fees.

58-22-8. Surety bondspersons annual list--Subsequent appointments--Fees.
Every insurer shall annually, prior to May first, furnish the director a list of all surety bondsperson appointed by it to write bail bonds on its behalf accompanied by a renewal fee of ten dollars for each bondsperson being reappointed. Every such insurer who subsequently appoints a surety bondsperson in the state shall give notice to the director along with a written application for license for bondspersons accompanied by a ten dollar appointment fee. All such appointments are subject to the issuance of a license to such surety bondsperson.
Source:
SL 1966, ch 111, ch 31, §19; SL 1998, ch 296, §6.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-9 - Termination of appointment of surety bondsman by insurer--Notice to director--Information privileged.

58-22-9. Termination of appointment of surety bondsman by insurer--Notice to director--Information privileged.
An insurer terminating the appointment of a surety bondsman shall file written notice thereof with the director, together with a statement that it has given or mailed notice to the surety bondsman. Such notice filed with the director shall state the reasons, if any, for such termination. Information so furnished the director shall be privileged and shall not be used as evidence in or basis for any action against the insurer or any of its representatives.
Source:
SL 1966, ch 111, ch 31, §19.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-10 - Professional bondsman--Annual financial statement furnished by applicant.

58-22-10. Professional bondsman--Annual financial statement furnished by applicant.
In addition to the requirements prescribed in §58-22-6, an applicant for a professional bondsman license shall furnish annually a detailed financial statement under oath, and such statement shall be subject to the same examination as is prescribed by law for domestic insurers.
Source:
SL 1966, ch 111, ch 31, §9.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-11 - Refusal, suspension, or cancellation of license for inadequate financial statement.

58-22-11. Refusal, suspension, or cancellation of license for inadequate financial statement.
A license may be refused, suspended, or canceled by the director at any time he determines that the financial statement filed by the applicant or professional bondsman is inadequate to meet the requirements of the director.
Source:
SL 1966, ch 111, ch 31, §24.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-12 - Application for license as runner--Affirmative showing of qualifications.

58-22-12. Application for license as runner--Affirmative showing of qualifications.
In addition to the other requirements prescribed in this chapter, an applicant for a license to serve as a runner shall affirmatively show:
(1)That the applicant is a natural person who has reached the age of twenty-one years;
(2)That the applicant is a citizen of the United States and has been a bona fide resident of this state for more than one year last past;
(3)That each appointing bail bondsperson is obligated to supervise the applicant's activities, and be responsible for the applicant's conduct in the bail bond business; and
(4)That the applicant has not been convicted of, nor has pled guilty or nolo contendere to, a felony or of any crime involving moral turpitude. The director of the Division of Insurance may waive the restriction relating to the conviction of, or plea of guilty or nolo contendere to, a felony or a crime involving moral turpitude if three years have elapsed since completion of the sentence imposed by the court in connection with the violation.
Source:
SL 1966, ch 111, ch 31, §10; SL 1998, ch 296, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-13 - Runner's application--Fees--Fingerprints and photograph of applicant.

58-22-13. Runner's application--Fees--Fingerprints and photograph of applicant.
Each runner's application shall be accompanied by a license fee of thirty dollars and an appointment fee of ten dollars for each bail bondsperson employing the applicant and shall be submitted to the director with each application for a license to serve as a runner, together with fingerprints and photograph. The employing bail bondsperson is responsible for submitting the application and appointment fee.
Source:
SL 1966, ch 111, ch 31, §10; SL 1998, ch 296, §9.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-14 - Application for license or renewal--Investigation of applicant's fitness--Criminal background check.

58-22-14. Application for license or renewal--Investigation of applicant's fitness--Criminal background check.
The applicant for any license under this chapter shall apply in writing, on forms prepared and supplied by the director, and the director may propound any reasonable interrogatories to an applicant for a license under this chapter or on any renewal thereof, relating to the applicant's qualifications, residence, prospective place of business, and any other matters which, in the opinion of the director, are deemed necessary or expedient in order to protect the public and ascertain the qualifications of the applicant. The director may also conduct any reasonable inquiry or investigation the director sees fit, relative to the determination of the applicant's fitness to be licensed or to continue to be licensed. The applicant shall provide any necessary authorization requested by the director to facilitate an inquiry or investigation.
As part of any application to obtain licensure as a bail bondsperson or runner under this chapter, each applicant shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the director shall submit completed fingerprint cards to the Division of Criminal Investigation for purposes of conducting both the state and federal criminal background investigation. Upon completion of the criminal background investigation the Division of Criminal Investigation shall forward to the director all information obtained as a result of the criminal background investigation. The applicant is responsible for any costs associated with background investigations as charged by the appropriate agency conducting and furnishing any background investigations. Failure to submit or cooperate with any criminal background investigation is grounds for denial of an application for licensure under this chapter.
Source:
SL 1966, ch 111, ch 31, §5; SL 1998, ch 296, §10; SL 2016, ch 233, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-15 - Failure of applicant for license to secure approval--Filing of another application.

58-22-15. Failure of applicant for license to secure approval--Filing of another application.
The failure of the applicant to secure approval of the director shall not preclude him from applying as many times as he desires, but no application shall be considered by the director within one year subsequent to the date upon which the director denied the last application.
Source:
SL 1966, ch 111, ch 31, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-16 - Examination of bail bondsperson or runner.

58-22-16. Examination of bail bondsperson or runner.
The applicant shall appear in person and take a written examination prepared by the director, testing the applicant's ability and qualifications to be a bail bondsperson or runner.
Each examination shall be held at a time and place as designated by the director.
Source:
SL 1966, ch 111, ch 31, §11; SL 2016, ch 233, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-18 - Failure of applicant to pass--Subsequent examinations.

58-22-18. Failure of applicant to pass--Subsequent examinations.
The failure of an applicant to pass an examination shall not preclude him from taking subsequent examinations; provided, however, that at least one year must intervene between examinations.
Source:
SL 1966, ch 111, ch 31, §11.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-19 - Expiration of licenses.

58-22-19. Expiration of licenses.
All licenses issued shall expire annually on May first unless revoked or suspended prior thereto by the director, or upon notice served upon the director that the insurer or employer of any runner has canceled the licensee's authority to act for such insurer or employer.
Source:
SL 1966, ch 111, ch 31, §6.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-20 - Renewal license--Issuance by director--Fee.

58-22-20. Renewal license--Issuance by director--Fee.
A renewal license shall be issued by the director to a licensee who has continuously maintained a license in effect without further examination, unless deemed necessary by the director, but such license is in all other respects required to comply with and be subject to the provisions of this chapter. After the receipt of such licensee's application for renewal the current license shall continue in effect until the renewal license is issued or denied for cause.
Source:
SL 1966, ch 111, ch 31, §12; SL 1998, ch 296, §12.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-21 - Causes for denial, suspension, revocation, or refusal to renew license.

58-22-21. Causes for denial, suspension, revocation, or refusal to renew license.
The director may deny, suspend, revoke, or refuse to renew any license issued under this chapter for any of the following causes:
(1)For any cause for which issuance of the license could have been refused had it then existed and been known to the director;
(2)Violation of any laws of this state to bail in the course of dealings under the license issued the licensee by the director;
(3)Material omission, misstatement, misrepresentation, or fraud in obtaining the license;
(4)Misappropriation, conversion, or unlawful withholding of moneys, belonging to insurers or others and received in the conduct of business under the license;
(5)Conviction of, or a plea of guilty or nolo contendere to, a felony or any crime involving moral turpitude;
(6)Fraudulent or dishonest practices in the conduct of business under the license;
(7)Willful failure to comply with, or willful violation of any proper order, rule, or regulation of the director, or the provisions of this chapter;
(8)If, in the judgment of the director, the licensee has, in the conduct of affairs under the license, demonstrated incompetency, or untrustworthiness, or conduct or practices rendering the licensee unfit to carry on the bail bond business or making the licensee's continuance in such business detrimental to the public interest, or that the licensee is no longer in good faith carrying on the bail bond business, or that the licensee is guilty of rebating, or offering to rebate, or unlawfully dividing, or offering to divide such licensee's premiums in the case of professional bondsperson, and for such reasons is found by the director to be a source of detriment, injury, or loss to the public.
Source:
SL 1966, ch 111, ch 31, §13; SL 1998, ch 296, §13.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-22 - Suspension of license--Investigation by director--Notice and charges--Failure to answer or deny charges, revocation of license.

58-22-22. Suspension of license--Investigation by director--Notice and charges--Failure to answer or deny charges, revocation of license.
If, after investigation, it shall appear to the satisfaction of the director that a bail bondsman or runner has been guilty of violating any of the laws of this state relating to bail bonds, the director shall, upon ten days' notice in writing to the bail bondsman or runner and to the insurer represented by him if a surety bondsman, accompanied by a copy of the charges of the unlawful conduct of such bail bondsman or runner, suspend the license of such bail bondsman or runner, unless on or before the expiration of the ten days the bail bondsman or runner shall make to the director answer to the charges. If, after the expiration of said ten days, and within twenty days thereafter, the bail bondsman or runner shall have failed to make answer or deny said charges the license of the bail bondsman or runner shall thereupon stand revoked.
Source:
SL 1966, ch 111, ch 31, §14.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-23 - Denial of charges of unlawful conduct--Hearing by director, notice of time and place, rights of parties--Suspension or revocation of license.

58-22-23. Denial of charges of unlawful conduct--Hearing by director, notice of time and place, rights of parties--Suspension or revocation of license.
If, however, the bail bondsman or runner shall file written answer denying the charges within the time specified, the director shall call a hearing within a reasonable time for the purpose of taking testimony and evidence on any issue of fact made by the charges and answer. The director shall give notice to such bail bondsman or runner and to the insurer represented by him, if a surety bondsman, of the time and place of hearing. The parties shall have the right to produce witnesses, and to appear personally or by counsel. If upon such hearing the director shall determine that the bail bondsman or runner is guilty as alleged in said charges, he shall thereupon revoke the license of the bail bondsman or runner, or suspend him for a definite period of time to be fixed in the order of suspension.
Source:
SL 1966, ch 111, ch 31, §14.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-24 - Deposit by professional bondsperson--Amount--Law governing--Waiver.

58-22-24. Deposit by professional bondsperson--Amount--Law governing--Waiver.
Professional bondspersons shall, before writing cash or security bail bonds, deposit with the director in the same manner as required of domestic insurers, an amount determined by the director of not less than ten thousand dollars and an amount necessary to cover forfeitures as required to be filed with the director annually. Such deposit is subject to all laws, rules, and regulations concerning deposits by domestic insurers. The director may waive the deposit requirement contained in this section for a person authorized pursuant to §58-22-37 to countersign for a bail bondsperson.
Source:
SL 1966, ch 111, ch 31, §24; SL 1966, ch 31, §18 as added by SL 1967, ch 137; SL 1998, ch 296, §14.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-25 - Annual registration required--Violation as misdemeanor.

58-22-25. Annual registration required--Violation as misdemeanor.
No bail bondsperson may become a surety on an undertaking unless the bail bondsperson has registered in the office of the sheriff in the county in which the bondsperson resides. The bail bondsperson may then become a surety in any other county upon presenting to the official required to approve the sufficiency of bail, a certificate of such registration. A surety bondsperson shall also file a certified copy of appointment by power of attorney from each insurer which the bail bondsperson represents as agent with the sheriff. Registration and filing of certified copy of renewed power of attorney shall be performed annually on October first. No bail bondsperson may register with the sheriff unless such bail bondsperson is currently licensed with the director. Any violation of this section is a Class 1 misdemeanor.
Source:
SL 1966, ch 111, ch 31, §§26, 27; SDCL, §58-22-48; SL 1974, ch 55, §48; SL 1978, ch 359, §2; SL 1998, ch 296, §15.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-26 - Notice to sheriffs of discontinuance of business during license period--Return of license for cancellation.

58-22-26. Notice to sheriffs of discontinuance of business during license period--Return of license for cancellation.
Any bail bondsperson who discontinues writing bail bonds during the period for which licensed shall notify the sheriffs with whom registered and return the license to the director for cancellation within thirty days from such discontinuance.
Source:
SL 1966, ch 111, ch 31, §20; SL 1974, ch 55, §49; SL 1998, ch 296, §17.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-27 - Appointment of runners--Director's approval required--Grounds for denying appointment.

58-22-27. Appointment of runners--Director's approval required--Grounds for denying appointment.
Every person duly licensed as a bail bondsperson may appoint as a runner any person who holds or has qualified for a runner's license. Each bail bondsperson appointing a runner in this state shall file with, and obtain approval from the director for each appointment which shall be in a format prescribed by the director, and pay a fee of ten dollars. The appointment is effective upon the date it is processed by the Division of Insurance. The director may deny an appointment for reasons of protection of the public health, welfare, or safety, including the following:
(1)The runner to be appointed is not properly licensed;
(2)An investigation or administrative action concerning the runner or bail bondsperson by the Division of Insurance is eminent or on-going;
(3)Material omission, misstatement, misrepresentation, or fraud in applying for the appointment; or
(4)Conviction of, or a plea of guilty or nolo contendere to, a felony or any crime involving moral turpitude.
The director shall give written notice to the bail bondsperson of approval, denial, or delay of a runner's appointment within thirty days of the bail bondsperson filing the appointment and shall send a copy of the notice to the runner.
Source:
SL 1966, ch 111, ch 31, §21; SL 1998, ch 296, §18.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-28 - Termination of appointment of runner--Notice filed with director--Notice to runner--Information privileged.

58-22-28. Termination of appointment of runner--Notice filed with director--Notice to runner--Information privileged.
A bail bondsman terminating the appointment of a runner shall file written notice thereof with the director, together with a statement that he has given or mailed notice to the runner. Such notice filed with the director shall state the reasons, if any, for such termination. Information so furnished the director shall be privileged and shall not be used as evidence in any action against the bail bondsman.
Source:
SL 1966, ch 111, ch 31, §21.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-29 - Giving or promising anything of value to principal as misdemeanor.

58-22-29. Giving or promising anything of value to principal as misdemeanor.
No bail bondsperson or runner may pay a fee or rebate or give or promise anything of value to the principal or an agent of the principal. Violation of this section is a Class 1 misdemeanor.
Source:
SL 1966, ch 111, ch 31, §§15 (4), 27; SDCL, §58-22-48; SL 1978, ch 359, §2; SL 1998, ch 296, §20.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-30 - Acceptance of anything of value from principal except premium as misdemeanor--Collateral security or indemnity permitted.

58-22-30. Acceptance of anything of value from principal except premium as misdemeanor--Collateral security or indemnity permitted.
No bail bondsperson or runner may accept anything of value from a principal except the premium. However, the bondsperson may accept collateral security or other indemnity from the principal which shall be returned upon final termination of liability on the bond. Such collateral security or other indemnity required by the bondsperson shall be reasonable in relation to the amount of the bond. Violation of this section is a Class 1 misdemeanor.
Source:
SL 1966, ch 111, ch 31, §§15 (6), 27; SDCL, §58-22-48; SL 1978, ch 359, §2; SL 1998, ch 296, §21.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-31 - Receipt for collateral--Description of collateral received.

58-22-31. Receipt for collateral--Description of collateral received.
When a bail bondsman accepts collateral he shall give a written receipt for same, and this receipt shall give in detail a full description of the collateral received.
Source:
SL 1966, ch 111, ch 31, §16.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-32 - Solicitation of business where prisoners confined as misdemeanor.

58-22-32. Solicitation of business where prisoners confined as misdemeanor.
No bail bondsperson or runner may solicit business in or about any place where prisoners are confined. Violation of this section is a Class 1 misdemeanor.
Source:
SL 1966, ch 111, ch 31, §§15 (7), 27; SDCL, §58-22-48; SL 1978, ch 359, §2; SL 1998, ch 296, §22.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-33 - Giving or promising anything of value to public officials to secure settlement, remission, or reduction as felony.

58-22-33. Giving or promising anything of value to public officials to secure settlement, remission, or reduction as felony.
No bail bondsperson or runner may pay a fee or rebate or give or promise anything of value to a jailer, police, peace officer, committing magistrate, or any other person who has power to arrest or hold in custody; or to any public official or public employee in order to secure a settlement, compromise, remission, or reduction of the amount of any bail bond or the forfeiture thereof. Violation of this section is a Class 6 felony.
Source:
SL 1966, ch 111, ch 31, §§15 (2), 27; SDCL, §58-22-48; SL 1978, ch 359, §2; SL 1998, ch 296, §23.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-34 - Giving anything of value to attorney in bail bond matter as felony--Exception.

58-22-34. Giving anything of value to attorney in bail bond matter as felony--Exception.
No bail bondsperson or runner may pay a fee or rebate or give anything of value to an attorney in bail bond matters; except in defense of any action on a bond. Violation of this section is a Class 6 felony.
Source:
SL 1966, ch 111, ch 31, §§15 (3), 27; SDCL, §58-22-48; SL 1978, ch 359, §2; SL 1998, ch 296, §24.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-35 - Bail bondsperson or runner acting as attorney prohibited--Misdemeanor.

58-22-35. Bail bondsperson or runner acting as attorney prohibited--Misdemeanor.
No bail bondsperson or runner may participate in the capacity of an attorney at a trial or hearing of one on whose bond such bail bondsperson or runner is surety. Violation of this section is a Class 1 misdemeanor.
Source:
SL 1966, ch 111, ch 31, §§15 (5), 27; SDCL, §58-22-48; SL 1978, ch 359, §2; SL 1998, ch 296, §25.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-36 - Advising employment of particular attorney as misdemeanor.

58-22-36. Advising employment of particular attorney as misdemeanor.
No bail bondsperson or runner may suggest or advise the employment of or name for employment any particular attorney to represent the bondsperson's or runner's principal. Violation of this section is a Class 2 misdemeanor.
Source:
SL 1966, ch 111, ch 31, §§15 (1), 27; SDCL, §58-22-48; SL 1978, ch 359, §2; SL 1998, ch 296, §26.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 22 - Bail Bondspersons › Section 58-22-37 - Signing or countersigning of bond in blank by bail bondsman prohibited, exception.

58-22-37. Signing or countersigning of bond in blank by bail bondsman prohibited, exception.
A bail bondsman shall not sign nor countersign in blank any bond, nor shall he give a power of attorney to, or otherwise authorize, anyone to countersign his name to bonds unless the person so authorized is a licensed bondsman and the power of attorney is filed and approved by the director.
Source:
SL 1966, ch 111, ch 31, §18; SL 1967, ch 137.