reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-135 - Rules for implementation and administration of §§ 58-30-124 to 58-30-139.

58-30-135. Rules for implementation and administration of §§58-30-124 to 58-30-139.
The director may adopt rules, pursuant to chapter 1-26, for the implementation and administration of the provisions of §§58-30-124 to 58-30-139, inclusive. The rules may include definitions, licensure, contract provisions, accounting, recordkeeping, examinations, claims, procedures and settlement, insurer and managing general agent duties, and the amount and kind of business a managing general agent may perform for an insurer.
Source:
SL 1992, ch 353, §12.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-136 - Utilization of managing general agent after July 1, 1992.

58-30-136. Utilization of managing general agent after July 1, 1992.
No insurer may continue to utilize the services of a managing general agent on and after July 1, 1992, unless the utilization is in compliance with §§58-30-124 to 58-30-139, inclusive.
Source:
SL 1992, ch 353, §13.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-137 - Filing and approval of contract.

58-30-137. Filing and approval of contract.
The contract between the insurer and the managing general agent shall be filed and approved by the director and is subject to §§58-5-85 to 58-5-87, inclusive.
Source:
SL 1992, ch 353, §14.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-138 - Application of §§ 58-30-124 to 58-30-139.

58-30-138. Application of §§58-30-124 to 58-30-139.
Sections 58-30-124 to 58-30-139, inclusive, apply to all persons doing insurance business notwithstanding any provision exempting them from other insurance laws except any insurer licensed pursuant to chapter 58-35 which does not have more than one million dollars in direct written premiums and more than one thousand policyholders in any calendar year.
Source:
SL 1992, ch 353, §15.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-139 - "Qualified United States financial institution" defined.

58-30-139. Qualified United States financial institution defined.
The term, a qualified United States financial institution, means an institution that:
(1)Is organized or, in the case of a United States office of a foreign banking organization, licensed under the laws of the United States or any state thereof;
(2)Is regulated, supervised, and examined by United States federal or state authorities having regulatory authority over banks and trust companies; and
(3)Has been determined by either the director, or the Securities Valuation Office of the National Association of Insurance Commissioners, to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the director.
Source:
SL 1992, ch 353, §16.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-140 - Agents not to obtain loans from clients--Exceptions.

58-30-140. Agents not to obtain loans from clients--Exceptions.
No insurance producer may obtain a loan from an existing or former client, other than a lending institution authorized by state or federal law, unless there is a written contract establishing the terms for repayment of the loan and the contract is filed with the division within thirty days of its effective date. This section does not apply to any loans transacted between an insurance producer and that insurance producer's spouse, parents, children, aunts, uncles, or grandparents.
Source:
SL 1999, ch 257, §1; SL 2001, ch 286, §192.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-141 - Application of reciprocity provisions to surplus lines brokers.

58-30-141. Application of reciprocity provisions to surplus lines brokers.
Except as to the underlying requirements of a surplus lines broker holding an insurance producer license in the applicable lines and except as provided in §§58-30-159 to 58-30-162, inclusive, §§58-30-142 to 58-30-195, inclusive, do not apply to surplus lines brokers licensed pursuant to chapter 58-32.
Source:
SL 2001, ch 286, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-143 - Sale, solicitation or negotiation limited to licensed line of insurance only.

58-30-143. Sale, solicitation or negotiation limited to licensed line of insurance only.
No person may sell, solicit, or negotiate insurance in this state for any line of insurance unless the person is licensed for that line of authority in accordance with §§58-30-141 to 58-30-195, inclusive.
Source:
SL 2001, ch 286, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-144.1 - License required for acting as consultant.

58-30-144.1. License required for acting as consultant.
Any person acting as a consultant shall be licensed as an agent pursuant to this chapter. A consultant may collect a fee from an insurance customer for services provided as a consultant but may not collect a fee for any insurance placed with that insurance customer if a commission is payable to that consultant. A consultant may act as a consultant and collect a fee from an insurance customer and also receive a commission for insurance sold, solicited, or negotiated with that same insurance customer provided that the fee and commission are for separate and distinct insurance products. The term, fee, as used in this section, does not include a fee that is payable pursuant to the terms or conditions of an insurance policy, contract, or certificate or that are required to be paid for reasons other than the services provided by the consultant.
A separate license for acting as a consultant is not required of a licensed agent. Any consultant collecting a fee from an insurance customer shall set forth the fee to be charged to that insurance customer and the terms and conditions of the services provided to that insurance customer in the form of a written agreement with that insurance customer.
Source:
SL 2013, ch 255, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-145 - Written examination required for resident applicants.

58-30-145. Written examination required for resident applicants.
A resident individual applying for an insurance producer license shall pass a written examination unless exempt pursuant to §58-30-52. The examination shall test the knowledge of the individual concerning the lines of authority for which application is made, the duties and responsibilities of an insurance producer, and the insurance laws and rules of this state.
Source:
SL 2001, ch 286, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-146 - Arrangements for administration of examinations and collection of fee.

58-30-146. Arrangements for administration of examinations and collection of fee.
The director may make arrangements, including contracting with an outside testing service, for administering examinations and collecting the fee set forth in §58-2-29.
Source:
SL 2001, ch 286, §6.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-147 - Payment of examination fees required.

58-30-147. Payment of examination fees required.
Each individual applying for an examination shall remit a fee as prescribed by the director as set forth in §58-2-29 and pay any fees charged by the outside testing service.
Source:
SL 2001, ch 286, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-148 - Resident application for insurance producer license--Requirements for application.

58-30-148. Resident application for insurance producer license--Requirements for application.
A person applying for a resident insurance producer license shall make application to the director on an application form or format as prescribed by the director and declare under penalty of refusal, suspension, or revocation of the license that the statements made in the application are true, correct, and complete to the best of the individual's knowledge and belief. The director shall consider the use of a uniform application form or format.
Before approving the application, the director shall find that the individual:
(1)Is at least eighteen years of age;
(2)Has not committed any act that is a ground for denial, suspension, or revocation set forth in §58-30-167;
(3)Has paid the fees set forth in §58-2-29; and
(4)Has successfully passed the examinations for the lines of authority for which the person has applied.
Source:
SL 2001, ch 286, §8; SL 2002, ch 240, §6.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-149 - Application by business entity for insurance producer license--Requirements.

58-30-149. Application by business entity for insurance producer license--Requirements.
A business entity acting as an insurance producer is required to obtain an insurance producer license. Application shall be made using a form or format prescribed by the director. The director shall consider the use of a uniform form or format. Before approving the application, the insurance director shall find that the business entity has paid the fees set forth in §58-2-29.
Source:
SL 2001, ch 286, §9; SL 2007, ch 291, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-150.1 - Incomplete application--Deemed withdrawn--Not a refusal or reportable administrative action.

58-30-150.1. Incomplete application--Deemed withdrawn--Not a refusal or reportable administrative action.
An application for an insurance producer license must be deemed withdrawn if the director contacts an applicant under this chapter in writing regarding an incomplete application and the director does not receive a response from the applicant within sixty days of the date of the written communication. A withdrawn application under this section is not a refusal to issue a producer license and is not an administrative action reportable to other states.
Source: SL 2022, ch 184, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-151 - Program of instruction required for licensed insurance producers--Approval by director.

58-30-151. Program of instruction required for licensed insurance producers--Approval by director.
Each insurer that sells, solicits, or negotiates any form of limited line credit insurance shall provide a program of instruction to each business entity acting as a licensed insurance producer for the insurer. Using the insurer's program of instruction, the insurer or the business entity shall train any employee of the business entity whose duties include selling, soliciting, or negotiating limited credit line insurance. Upon request by the director, the program of instruction is subject to approval by the director.
Source:
SL 2001, ch 286, §11.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-152 - Issuance of insurance producer license--Permitted lines of authority.

58-30-152. Issuance of insurance producer license--Permitted lines of authority.
Unless denied licensure pursuant to §58-30-167, any person who has met the requirements of §§58-30-145 to 58-30-151, inclusive, shall be issued an insurance producer license. An insurance producer may receive qualification for a license in one or more of the following lines of authority:
(1)Life--insurance coverage on human lives including benefits of endowment and annuities and may include benefits in the event of death or dismemberment by accident and benefits for disability income;
(2)Accident and health or sickness--insurance coverage for sickness, bodily injury, or accidental death and may include benefits in the event of death or dismemberment by accident and for disability income;
(3)Property--insurance coverage for the direct or consequential loss or damage to property of every kind;
(4)Casualty--insurance coverage against legal liability, including that for death, injury, or disability, damage to real or personal property, or fidelity and surety bonds;
(5)Variable life and variable annuity products--insurance coverage provided under variable life insurance contracts and variable annuities;
(6)Personal lines--property and casualty insurance coverage sold to individuals and families for primarily noncommercial purposes;
(7)Limited lines;
(8)Any other line of insurance permitted under state laws or rules.
Source:
SL 2001, ch 286, §12; SL 2010, ch 233, §12.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-153 - Term of insurance producer license.

58-30-153. Term of insurance producer license.
An insurance producer license shall remain in effect unless revoked, suspended, or expired as long as the fee set forth in §58-2-29 is paid and the education requirements for resident individual insurance producers are met by the due date.
Source:
SL 2001, ch 286, §13.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-154 - Reinstatement of lapsed insurance producer license.

58-30-154. Reinstatement of lapsed insurance producer license.
An individual insurance producer who allows his or her license to lapse may, within twelve months from the due date of the renewal fee apply to reinstate the same license without the necessity of passing a written examination. A penalty in the amount of double the unpaid renewal fee shall be required for any license reinstatement. This section only applies to renewals if the continuing education due date was missed or timely payment of the fee was not made.
Source:
SL 2001, ch 286, §14.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-155 - Waiver of insurance producer license renewal requirements.

58-30-155. Waiver of insurance producer license renewal requirements.
A licensed insurance producer who is unable to comply with license renewal procedures due to military service or some other extenuating circumstance, such as a long-term medical disability, may request a waiver of those procedures. The producer may also request a waiver of any examination requirement or any other monetary penalty or sanction imposed for failure to comply with renewal procedures. The director may promulgate rules pursuant to chapter 1-26 for determining what constitutes extenuating circumstances if the director finds that application of this section or the imposition of sanctions would create an unreasonable hardship.
Source:
SL 2001, ch 286, §15.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-156 - Information contained on insurance producer license.

58-30-156. Information contained on insurance producer license.
The license shall contain the licensee's name, address, personal identification number, the date of issuance, the lines of authority, the expiration date, and any other information the director determines to be necessary.
Source:
SL 2001, ch 286, §16.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-157 - Notification of change of address by insurance producer.

58-30-157. Notification of change of address by insurance producer.
A licensee shall inform the director in a form or format prescribed by the director of a change of address within thirty days of the change.
Source:
SL 2001, ch 286, §17.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-158 - Authority of director to contract with nongovernmental entities for ministerial functions relating to insurance producer licensing.

58-30-158. Authority of director to contract with nongovernmental entities for ministerial functions relating to insurance producer licensing.
In order to assist in the performance of the director's duties, the director may contract with nongovernmental entities, including the National Association of Insurance Commissioners (NAIC) or any affiliates or subsidiaries that the NAIC oversees to perform any ministerial functions, including the collection of fees, related to insurance producer licensing that the director and the nongovernmental entity may deem appropriate.
Source:
SL 2001, ch 286, §18.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-159 - Requirements for nonresident insurance producer license.

58-30-159. Requirements for nonresident insurance producer license.
Unless denied licensure pursuant to §58-30-167, a nonresident person is entitled to receive a nonresident insurance producer license if:
(1)The person is currently licensed as a resident insurance producer and in good standing in the person's home state;
(2)The person has submitted the proper request for licensure and has paid the fees required by §58-2-29;
(3)The person has submitted or transmitted to the director the application for licensure that the person submitted to the person's home state or the application required by §58-30-148; and
(4)Except for fees, the person's home state issues nonresident insurance producer licenses to residents of this state on the same basis.
Source:
SL 2001, ch 286, §19.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-160 - Nonresident insurance producer required to hold equivalent license in home state.

58-30-160. Nonresident insurance producer required to hold equivalent license in home state.
A licensee as nonresident insurance producer shall at all times be qualified for and hold in the licensee's home state of domicile the license of that home state as a resident insurance producer covering all kinds of insurance covered or to be covered under the South Dakota nonresident license. A hearing is not necessary in order to revoke, suspend, terminate, or nonrenew a nonresident insurance producer's license in this state if that insurance producer no longer has a producer license in the insurance producer's home state of domicile.
Source:
SL 2001, ch 286, §20; SL 2002, ch 240, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-161 - Verification of nonresident's licensing status.

58-30-161. Verification of nonresident's licensing status.
The director may verify the insurance producer's licensing status through databases maintained by the National Association of Insurance Commissioners, its affiliates, or subsidiaries.
Source:
SL 2001, ch 286, §21.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-162 - Change of address required for interstate move.

58-30-162. Change of address required for interstate move.
A nonresident insurance producer who moves from one state to another state or a resident insurance producer who moves from this state to another state shall file a change of address and provide certification from the new resident state within thirty days of the change of legal residence. No fee or license application is required.
Source:
SL 2001, ch 286, §22.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-163 - Nonresident license applicant--Reciprocity--Exception.

58-30-163. Nonresident license applicant--Reciprocity--Exception.
The director shall waive any requirements for a nonresident license applicant with a valid license from the applicant's home state, except for the requirements imposed by §58-30-159, if the applicant's home state awards nonresident licenses to residents of this state on the same basis. The director may issue a resident license for a type of license not specified in this title to a person for insurance activities which do not require licensure in this state provided that another state which that person does insurance business in requires such license.
Source:
SL 2001, ch 286, §23; SL 2010, ch 233, §13.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-164 - Notification of use of assumed name by insurance producer.

58-30-164. Notification of use of assumed name by insurance producer.
An insurance producer doing business under any name other than the insurance producer's legal name is required to notify the director prior to using the assumed name.
Source:
SL 2001, ch 286, §24.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-165 - Temporary insurance producer license.

58-30-165. Temporary insurance producer license.
The director may issue a temporary insurance producer license for a period not to exceed one hundred eighty days without requiring an examination if the director determines that the temporary license is necessary for the servicing of an insurance business in the following cases:
(1)To the surviving spouse or court-appointed personal representative of a licensed insurance producer who dies or becomes mentally or physically disabled to allow adequate time for the sale of the insurance business owned by the insurance producer or for the recovery or return of the insurance producer to the business or to provide for the training and licensing of new personnel to operate the insurance producer's business;
(2)To a member or employee of a business entity licensed as an insurance producer, upon the death or disability of an individual designated in the business entity application or the license;
(3)To the designee of a licensed insurance producer entering active service in the armed forces of the United States of America; or
(4)In any other circumstance where the director determines that the public interest will be best served by the issuance of this license.
Source:
SL 2001, ch 286, §25.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-166 - Limits on temporary insurance producer license--Revocation of temporary license.

58-30-166. Limits on temporary insurance producer license--Revocation of temporary license.
The director may by order limit the authority of any temporary licensee in any way determined to be necessary to protect insureds and the public. The director may require the temporary licensee to be under the supervision of a licensed insurance producer or insurer who assumes responsibility for all acts of the temporary licensee and may impose other similar requirements designed to protect insureds and the public. The director may by order revoke a temporary license if the interest of insureds or the public are endangered. A temporary license does not continue after the owner or the personal representative disposes of the business.
Source:
SL 2001, ch 286, §26.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-167 - Causes for suspension, revocation, refusal to issue or renew license, or monetary penalty--Notice--Hearing--Final determination.

58-30-167. Causes for suspension, revocation, refusal to issue or renew license, or monetary penalty--Notice--Hearing--Final determination.
The director may suspend for not more than twelve months, or may revoke or refuse to continue, any license issued under this chapter, or any license of a surplus lines broker after a hearing. Notice of such hearing and of the charges against the licensee shall be given to the licensee and to the insurers represented by such licensee or to the appointing agent of a producer at least twenty days before the hearing. The director may suspend, revoke, or refuse to issue or renew an insurance producer's license or may accept a monetary penalty in accordance with §58-4-28.1 or any combination thereof, for any one or more of the following causes:
(1)Providing incorrect, misleading, incomplete, or materially untrue information in the license application;
(2)Violating any insurance laws or rules, subpoena, or order of the director or of another state's insurance director, commissioner, or superintendent;
(3)Obtaining or attempting to obtain a license through misrepresentation or fraud;
(4)Withholding, misappropriating, or converting any monies or properties received in the course of doing insurance business;
(5)Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance;
(6)Having been convicted of a felony;
(7)Having admitted or been found to have committed any insurance unfair trade practice or fraud;
(8)Using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness, or financial irresponsibility in the conduct of business in this state or elsewhere;
(9)Having an insurance producer license, or its equivalent, denied, suspended, or revoked in any other state, province, district, or territory;
(10)Forging another's name to an application for insurance or to any document related to an insurance transaction;
(11)Using notes or any other reference material to complete an examination for an insurance license;
(12)Knowingly accepting insurance business from an individual who sells, solicits, or negotiates insurance and is not licensed; or
(13)Failing to comply with an administrative or court order imposing a child support obligation.
At the conclusion of the matter, the director shall send a letter to the licensee, the insurers represented by such licensee, and the appointing agent of a producer, stating the final determination of the matter.
Source:
SL 2001, ch 286, §27; SL 2002, ch 240, §8; SL 2006, ch 263, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-167.1 - Termination of producer for receipt of hearing notice prohibited.

58-30-167.1. Termination of producer for receipt of hearing notice prohibited.
No insurer may terminate the appointment of a producer based solely on the receipt of a notice of hearing pursuant to §58-30-167 involving that producer.
Source:
SL 2006, ch 263, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-168 - Written reasons for denial or nonrenewal required--Request for hearing--Notice of hearing.

58-30-168. Written reasons for denial or nonrenewal required--Request for hearing--Notice of hearing.
If the director denies an application for a license or does not renew a license, the director shall notify the applicant or licensee and advise, in writing, the applicant or licensee of the reason for the denial or nonrenewal of the applicant's or licensee's license. The applicant or licensee may make a written request to the director within thirty days of the date of the nonrenewal or denial for a hearing to determine the reasonableness of the director's action. A notice of hearing shall be issued within thirty days of receipt of a written request. A hearing shall be held pursuant to chapter 1-26. This section does not apply to emergency suspensions pursuant to §1-26-29 or cease and desist orders in §58-4-7.
Source:
SL 2001, ch 286, §28.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-169 - Unreported knowledge by partners, officers, or managers of violation as grounds for penalty.

58-30-169. Unreported knowledge by partners, officers, or managers of violation as grounds for penalty.
The license of a business entity may be suspended, revoked, refused, or the director may accept a monetary penalty in accordance with §58-4-28.1, or any combination thereof, if the director finds, after hearing, that an individual licensee's violation was known or should have been known by one or more of the partners, officers, or managers acting on behalf of the partnership or corporation and the violation was neither reported to the director nor corrected.
Source:
SL 2001, ch 286, §29.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-170 - Authority of director to impose penalty or remedy.

58-30-170. Authority of director to impose penalty or remedy.
The director retains the authority to enforce the provisions of and impose any penalty or remedy authorized by §§58-30-141 to 58-30-195, inclusive, and Title 58 against any person who is under investigation for or charged with any violation of §§58-30-141 to 58-30-195, inclusive, or Title 58 even if the person's license or registration has been surrendered or has lapsed by operation of law.
Source:
SL 2001, ch 286, §30.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-171 - Payment to unlicensed insurance producer prohibited.

58-30-171. Payment to unlicensed insurance producer prohibited.
No insurer or insurance producer may pay a commission, service fee, brokerage, or other valuable consideration to a person for selling, soliciting, or negotiating insurance in this state if that person is required to be licensed under §§58-30-141 to 58-30-195, inclusive, and is not so licensed. Nothing in this section allows an insurer to pay commissions to a nonappointed insurance producer if an appointment is otherwise required.
Source:
SL 2001, ch 286, §31.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-171.1 - Insurer may prohibit consultant fees.

58-30-171.1. Insurer may prohibit consultant fees.
An insurer may by contract prohibit an insurance producer from collecting a fee from an insurance customer for services provided as a consultant.
Source:
SL 2013, ch 255, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-172 - Acceptance of payment by unlicensed insurance producer prohibited.

58-30-172. Acceptance of payment by unlicensed insurance producer prohibited.
No person may accept a commission, service fee, brokerage, or other valuable consideration for selling, soliciting, or negotiating insurance in this state if that person is required to be licensed or appointed under §§58-30-141 to 58-30-195, inclusive, and is not so licensed or appointed.
Source:
SL 2001, ch 286, §32.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-173 - Renewal or deferred commissions approved if license held at time of transaction.

58-30-173. Renewal or deferred commissions approved if license held at time of transaction.
Renewal or other deferred commissions may be paid to a person for selling, soliciting, or negotiating insurance in this state if the person was required to be licensed under §§58-30-141 to 58-30-195, inclusive, at the time of the sale, solicitation, or negotiation and was so licensed at that time.
Source:
SL 2001, ch 286, §33.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-174 - Payment, assignment, or sharing of commissions and fees--Limitations.

58-30-174. Payment, assignment, or sharing of commissions and fees--Limitations.
No insurer or insurance producer may pay or assign a commission, service fee, brokerage fee, or any other valuable consideration for a referral to any person not appropriately licensed pursuant to this chapter unless the payment or assignment is a fixed dollar amount that is not related to the amount of commission or premium for an insurance transaction and that is not dependent upon whether the referral results in a transaction. Nothing in this chapter prohibits a licensed and appointed producer upon receiving a commission from sharing this compensation with other insurance producers if those insurance producers are licensed in the line of business for which the original commission was received. However, no insurance producer who is not appointed may act as an agent of an insurer. An insurer who pays a commission to an appointed insurance producer is not responsible for any act, statement, or omission made by an insurance producer who is not appointed, but who receives compensation from an appointed insurance producer.
Source:
SL 2001, ch 286, §34; SL 2004, ch 295, §2; SL 2005, ch 275, §1; SL 2015, ch 255, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-175 - Requirements for acting as agent of insurer.

58-30-175. Requirements for acting as agent of insurer.
No insurance producer or business entity may act as an agent of an insurer unless the insurance producer becomes an appointed insurance producer of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed. This section does not apply to property and casualty insurance producers who sell, solicit, or negotiate and place insurance with admitted insurers although the insurance producer is not appointed with the insurer if all insurance business placed by the unappointed insurance producer is through a licensed insurance producer who is appointed by the insurer involved in the transaction and if the coverage is not reasonably available through the insurance producer's existing appointed insurers for placements made as authorized by this section. The unappointed insurance producer may receive compensation from the insurer or a resident appointed insurance producer.
Source:
SL 2001, ch 286, §35; SL 2010, ch 241, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-176 - Appointment of insurance producer or business entity as agent of insurer--Submission of notice of appointment.

58-30-176. Appointment of insurance producer or business entity as agent of insurer--Submission of notice of appointment.
To appoint an insurance producer or business entity as its agent, the appointing insurer shall file, in a format approved by the director, a notice of appointment within fifteen days from the date the agency contract is executed or the first insurance application is submitted. An insurer may also elect to appoint an insurance producer to all or some insurers within the insurer's holding company system or group by the filing of a single appointment request. The insurer is responsible for the acts of its representatives and insurance producers, including those acts where the insurance producer has solicited, sold, or negotiated insurance on behalf of that insurer prior to the date of appointment.
Source:
SL 2001, ch 286, §36.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-177 - Verification of eligibility of insurance producer for appointment as agent of insurer.

58-30-177. Verification of eligibility of insurance producer for appointment as agent of insurer.
Upon receipt of the notice of appointment, the director shall verify within a reasonable time, not to exceed thirty days, that the insurance producer is eligible for appointment. If the insurance producer is determined to be ineligible for appointment, the director shall notify the insurer within five days of its determination.
Source:
SL 2001, ch 286, §37.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-178 - Appointment fee required.

58-30-178. Appointment fee required.
An insurer shall pay an appointment fee in the amount as set forth in §58-2-29 in a manner prescribed by the director for each insurance producer appointed by the insurer.
Source:
SL 2001, ch 286, §38.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-179 - Renewal appointment fee.

58-30-179. Renewal appointment fee.
An insurer shall remit, in a manner prescribed by the director, a renewal appointment fee in the amount set forth in §58-2-29.
Source:
SL 2001, ch 286, §39.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-180 - Termination of relationship between insurer and insurance producer.

58-30-180. Termination of relationship between insurer and insurance producer.
An insurer or authorized representative of the insurer that terminates the appointment, employment, contract, or other insurance business relationship with an insurance producer shall notify the director within thirty days following the effective date of the termination, using a format prescribed by the director. In addition, an insurer or authorized representative of the insurer that terminates the appointment, employment, contract, or other insurance business relationship with a producer shall notify the director within thirty days following the effective date of the termination, using a format prescribed by the director, if a reason for termination is one of the reasons set forth in §58-30-167 or the insurer has knowledge the producer was found by a court, government body, or self-regulatory organization authorized by law to have engaged in any of the activities in §58-30-167. Upon the written request of the director, the insurer shall provide additional information, documents, records, or other data pertaining to the termination or activity of the insurance producer. Such information, documents, records, or other data are confidential pursuant to §58-30-187.
Source:
SL 2001, ch 286, §40; SL 2007, ch 291, §3; SL 2010, ch 233, §14.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-181 - Prompt notification of additional information regarding termination of insurance producer.

58-30-181. Prompt notification of additional information regarding termination of insurance producer.
The insurer or authorized representative of the insurer shall promptly notify the director in a written or electronic format if, upon further review or investigation, the insurer discovers additional information that would have been reportable to the director in accordance with §58-30-180 had the insurer then known of its existence.
Source:
SL 2001, ch 286, §41.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-182 - Notification to insurance producer of termination by insurer.

58-30-182. Notification to insurance producer of termination by insurer.
Within fifteen days after making the notification required by §§58-30-180 and 58-30-181, the insurer shall mail, or if acceptable, send by electronic means, a copy of the notification to the insurance producer at the insurance producer's last known address. If the insurance producer is terminated for any of the reasons listed in §58-30-167, the insurer shall provide a copy of the notification to the insurance producer at the insurance producer's last known address by certified mail, return receipt requested and postage prepaid, by overnight delivery using a nationally recognized carrier, or if acceptable, by electronic means.
Source:
SL 2001, ch 286, §42.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-183 - Submission of written comments by insurance producer regarding termination.

58-30-183. Submission of written comments by insurance producer regarding termination.
Within thirty days after the insurance producer has received the original or additional notification, the insurance producer may file written comments concerning the substance of the notification with the director. The insurance producer shall simultaneously send a copy of the comments to the reporting insurer, and the comments shall become a part of the director's file and accompany every copy of a report distributed or disclosed for any reason about the insurance producer as permitted under §58-30-187.
Source:
SL 2001, ch 286, §43.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-184 - Liability for information relating to termination.

58-30-184. Liability for information relating to termination.
In the absence of actual malice, an insurer, the authorized representative of the insurer, an insurance producer, the director, or an organization of which the director is a member that compiles the information and makes it available to other insurance directors, commissioners, or superintendents, or regulatory or law enforcement agencies, is not subject to civil liability, and no civil cause of action of any nature may arise against these entities or their respective agents or employees, as a result of any statement or information required by or provided pursuant to §§58-30-180 to 58-30-193, inclusive, or any information relating to any statement that may be requested in writing by the director, from an insurer or insurance producer; or any statement by a terminating insurer or insurance producer to an insurer or insurance producer limited solely and exclusively to whether a termination for cause under §58-30-180 was reported to the director, if the propriety of any termination for cause under §58-30-180 is certified in writing by an officer or authorized representative of the insurer or insurance producer terminating the relationship.
Source:
SL 2001, ch 286, §44.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-185 - Pleadings in action brought against provider of information regarding termination of insurance producer.

58-30-185. Pleadings in action brought against provider of information regarding termination of insurance producer.
In any action brought against a person that may have immunity under §58-30-184 for making any statement required by §§58-30-180 to 58-30-193, inclusive, providing any information relating to any statement that may be requested by the director, the party bringing the action shall plead specifically in any allegation that §58-30-184 does not apply because the person making the statement or providing the information did so with actual malice.
Source:
SL 2001, ch 286, §45.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-186 - Application of common law to action regarding insurance producer's termination.

58-30-186. Application of common law to action regarding insurance producer's termination.
The provisions of §§58-30-184 and 58-30-185 do not abrogate or modify any existing statutory or common law privileges or immunities.
Source:
SL 2001, ch 286, §46.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-187 - Confidentiality of information gathered in termination investigation.

58-30-187. Confidentiality of information gathered in termination investigation.
Any documents, materials, or other information in the control or possession of the Division of Insurance that is furnished by the insurer, insurance producer, or an employee or agent thereof acting on behalf of the insurer or insurance producer, or obtained by the director in an investigation pursuant to §§58-30-180 to 58-30-193, inclusive, are confidential by law and privileged, are not subject to open records, freedom of information, sunshine, or other related laws, are not subject to subpoena, and are not subject to discovery or admissible in evidence in any private civil action. The director is authorized to use the documents, materials, or other information in the furtherance of any regulatory function or legal action brought as a part of the director's duties.
Source:
SL 2001, ch 286, §47.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-188 - Testimony in private civil action prohibited.

58-30-188. Testimony in private civil action prohibited.
Neither the director nor any person who received documents, materials, or other information while acting under the authority of the director may testify in any private civil action concerning any confidential documents, materials, or information subject to §58-30-187.
Source:
SL 2001, ch 286, §48.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-189 - Director's duties in regard to confidential and privileged documents.

58-30-189. Director's duties in regard to confidential and privileged documents.
In order to assist in the performance of the director's duties under §§58-30-141 to 58-30-195, inclusive, the director may:
(1)Share documents, materials, or other information, including the confidential and privileged documents, materials, or information subject to §58-30-187, with other state, federal, and international regulatory agencies, with the National Association of Insurance Commissioners, its affiliates, or subsidiaries, and with state, federal, and international law enforcement authorities, if the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information;
(2)Receive documents, materials, or information, including otherwise confidential and privileged documents, materials, or information from the National Association of Insurance Commissioners, its affiliates, or subsidiaries and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information; and
(3)Enter into agreements governing sharing and use of information consistent with this section.
Source:
SL 2001, ch 286, §49.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-190 - Waiver of privilege or claim of confidentiality.

58-30-190. Waiver of privilege or claim of confidentiality.
No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information occurs as a result of disclosure to the director under §§ 58-30-180 to 58-30-192, inclusive, or as a result of sharing as authorized in §58-30-187.
Source:
SL 2001, ch 286, §50; SL 2021, ch 210, § 20.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-191 - Release of final orders allowed.

58-30-191. Release of final orders allowed.
Nothing in §§58-30-141 to 58-30-195, inclusive, prohibits the director from releasing final orders, including for cause terminations that are open to public inspection pursuant to Title 58 and chapters 1-26 and 1-27, to a database or other clearinghouse service maintained by the National Association of Insurance Commissioners, its affiliates, or its subsidiaries.
Source:
SL 2001, ch 286, §51.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-192 - Penalties for failure to report.

58-30-192. Penalties for failure to report.
An insurer, the authorized representative of the insurer, or insurance producer that fails to report as required under the provisions of §§58-30-141 to 58-30-195, inclusive, or that is found to have reported with actual malice by a court of competent jurisdiction may, after notice and hearing, have its license or certificate of authority suspended or revoked and may be assessed a monetary penalty in accordance with §58-4-28.1.
Source:
SL 2001, ch 286, §52.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 30 - Insurance Producers › Section 58-30-193 - Report by insurance producer of any administrative action taken against insurance producer.

58-30-193. Report by insurance producer of any administrative action taken against insurance producer.
An insurance producer shall report to the director any administrative action taken against the insurance producer in another jurisdiction or by another governmental agency in this state within thirty days of the final disposition of the matter. This report shall include a copy of the order, consent order, or other relevant legal documents.
Source:
SL 2001, ch 286, §53.