reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-25.1 - Sharing of genetic information prohibited--Health carrier, life insurer, long-term care insurer.

58-1-25.1. Sharing of genetic information prohibited--Health carrier, life insurer, long-term care insurer.
Any company providing genetic testing directly to a consumer is prohibited from sharing any genetic test, genetic information, or other personally identifiable information of a consumer with any health carrier, life insurer, or long-term care insurer without written consent from the consumer. Nothing in this section prohibits a company that provides genetic testing from communicating with a health carrier for the purposes of payment, coordination of medical treatment, or patient care so long as such communication is compliant with the Health Insurance Portability and Accountability Act and only used for the purposes permitted in this section.
Source:
SL 2021, ch 209, § 3, eff. Jan. 1, 2022.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-26 - Retention of records.

58-1-26. Retention of records.
Any insurer, nonprofit, surgical, dental or hospital plan, a health maintenance organization, or any other person required to be licensed or registered under this title shall retain all books and records that are subject to examination pursuant to chapter 58-3 for a period of not less than five years.
Source:
SL 2002, ch 241, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-27 - Transmission of electronic documents--Definitions.

58-1-27. Transmission of electronic documents--Definitions.
Terms used in §§58-1-27 to 58-1-39, inclusive, mean:
(1)"Covered employee," an individual participating in a group health plan who is entitled to notices and documents and who is an employee of the sponsor or policyholder of the group health plan;
(2)"Covered person," an individual participating in a group health plan who is entitled to notices and documents;
(3)"Delivered by electronic means:"
(a)Delivery to an electronic mail address at which a party has consented to receive notices or documents; or
(b)Posting on an electronic network or site accessible via the internet, mobile application, computer, mobile device, tablet, or any other electronic device, together with separate notice to a party directed to the electronic mail address at which the party consents to receive notice of the posting;
(4)"Party," any recipient of any notice or document required as part of an insurance transaction, including an applicant, a covered employee, a covered person, an insured, a policyholder, or an annuity contract holder; and
(5)"Smart device," an electronic device that combines a cell phone with a hand-held computer and that offers internet access and text or electronic mail capabilities.
Source: SL 2014, ch 230, §1; SL 2023, ch 162, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-28 - Transmission and storage of electronic documents permitted.

58-1-28. Transmission and storage of electronic documents permitted.
Subject to §58-1-30, any notice to a party or any other document required under applicable law in an insurance transaction or that is to serve as evidence of insurance coverage may be delivered, stored, and presented by electronic means if it meets the requirements of chapter 53-10.
Source:
SL 2014, ch 230, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-29 - Delivery by electronic transmission equivalent to other delivery methods.

58-1-29. Delivery by electronic transmission equivalent to other delivery methods.
Delivery of a notice or document in accordance with the provisions of §§58-1-27 to 58-1-39, inclusive, is equivalent to any delivery method required under applicable law.
Source:
SL 2014, ch 230, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-30 - Conditions for transmission of electronic documents.

58-1-30. Conditions for transmission of electronic documents.
An insurer may only deliver a notice or document to a party by electronic means pursuant to §§58-1-27 to 58-1-39, inclusive, if:
(1)The party affirmatively consents to the electronic delivery and has not withdrawn the consent;
(2)The insurer provides the party with a clear and conspicuous statement, prior to obtaining the party's consent, informing the party of:
(a)Any right or option of the party to have the notice or document provided or made available in paper or another nonelectronic form;
(b)The right of the party to withdraw consent to have a notice or document delivered by electronic means and any fees, conditions, or consequences that may be imposed in the event consent is withdrawn;
(c)Whether the party's consent applies:
(i)Only to the particular transaction as to which the notice or document must be given; or
(ii)To an identified category of notices or documents that may be delivered by electronic means during the course of the parties' relationship;
(d)The means by which a party may obtain a paper copy of a notice or document delivered by electronic means, after the party consents to electronic delivery; and
(e)The procedure a party must follow to withdraw consent to have a notice or document delivered by electronic means and to update information needed to contact the party electronically;
(3)The insurer ensures that the party:
(a)Is provided with a statement of the hardware and software requirements for access to and retention of a notice or document delivered by electronic means before the party consents to electronic delivery; and
(b)Consents electronically, or confirms consent electronically, in a manner that reasonably demonstrates the party can access information in the electronic form that will be used for notices or documents delivered by electronic means; and
(4)The insurer, in the event a change in the hardware or software requirements needed to access or retain a notice or document delivered by electronic means creates a material risk that the party will not be able to access or retain a subsequent notice or document, provides the consenting party with a statement of:
(a)The revised hardware and software requirements for access to and retention of a notice or document delivered by electronic means; and
(b)The right of the party to withdraw consent without the imposition of any fee, condition, or consequence that was not disclosed under subsection (2)(b) of this section.
Source:
SL 2014, ch 230, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-30.1 - Transmission of electronic documents--Consent by sponsor or policyholder.

58-1-30.1. Transmission of electronic documents--Consent by sponsor or policyholder.
Notwithstanding §58-1-30, a sponsor or policyholder of a group health plan may consent to notices and documents delivered by electronic means, unless there is a federal requirement for a specific mode of delivery, on behalf of the sponsor or policyholder's covered employees and covered persons.
Source: SL 2023, ch 162, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-30.2 - Transmission of electronic documents--Requirements for effective consent.

58-1-30.2. Transmission of electronic documents--Requirements for effective consent.
For consent to be effective under §58-1-30.1, the sponsor or policyholder must:
(1)Assign each covered employee for whom consent is being given an electronic mail address for employment-related purposes at which the employee may receive or access notifications regarding posted notices and documents delivered by electronic means or require each employee for whom consent is being given to provide the sponsor or policyholder with an electronic mail address or a smart device number at which the employee may receive or access notifications regarding posted notices and documents delivered by electronic means;
(2)Require each covered person, or a covered employee on behalf of a covered person, to provide the sponsor or policyholder with an electronic mail address or a smart device number at which the person may receive or access notifications regarding notices and documents delivered by electronic means;
(3)Provide a notification in paper form, containing the elements described in §58-1-30.3, to each covered employee and covered person for whom consent is being given prior to delivery by electronic means of notices and documents; and
(4)Provide notice, in the manner described in §58-1-30.4, to each impacted covered employee and covered person, at the electronic mail address or smart device number designated pursuant to subdivision (2), prior to each time a notice or document is posted on an internet site.
Source: SL 2023, ch 162, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-30.3 - Transmission of electronic documents by consent--Paper notification.

58-1-30.3. Transmission of electronic documents by consent--Paper notification.
The paper form notification, as described in §58-1-30.2, must:
(1)Notify the covered employee or covered person that notices and documents for the group health plan will be posted to an internet site to which the covered employee or covered person will have reasonable access;
(2)Confirm the electronic mail address or smart device number to which notifications regarding notice and documents will be delivered by electronic means to the covered employee or person;
(3)Provide instructions for accessing notices or documents on the internet site;
(4)Provide the time period during which a specific type of notice or document delivered by electronic means will remain accessible;
(5)Advise the covered employee or covered person that a paper form of a notice or document may be requested free of charge and of the process to request a paper form;
(6)Advise the covered employee or covered person of the right to opt out of delivery by electronic means and the process to exercise that right free of charge; and
(7)Notify the covered employee or covered person of the hardware or software requirements needed to access or retain a notice or document from an internet site.
Source: SL 2023, ch 162, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-30.4 - Transmission of electronic documents by consent--Notice of document by electronic means.

58-1-30.4. Transmission of electronic documents by consent--Notice of document by electronic means.
The notice, as described in §58-1-30.2, may be delivered by electronic means to the covered employee's or covered person's designated electronic mail address or smart device number and must contain:
(1)A prominent statement that important information regarding the group health plan has been posted on the internet site;
(2)The name of or a description of the notice or document;
(3)The internet site address or a hyperlink at which the notice or document may be accessed;
(4)A statement of the recipient's right to request the notice or document in paper form at no charge and the process to exercise that right;
(5)A statement of the recipient's right to opt out of delivery by electronic means and to receive documents in paper form free of charge;
(6)The time period during which the notice or document will remain accessible on the internet site; and
(7)A telephone number for the insurer or the group health plan administrator.
Source: SL 2023, ch 162, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-31 - Content and timing requirements unaffected.

58-1-31. Content and timing requirements unaffected.
Nothing in §§58-1-27 to 58-1-39, inclusive, affects any requirement related to content or timing of any notice or document otherwise required pursuant to applicable law.
Source:
SL 2014, ch 230, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-32 - Verification or acknowledgment of receipt.

58-1-32. Verification or acknowledgment of receipt.
If a provision of applicable law requiring a notice or document to be provided to a party expressly requires verification or acknowledgment of receipt of the notice or document, the notice or document may only be delivered by electronic means if the method used provides for verification or acknowledgment of receipt.
Source:
SL 2014, ch 230, §6.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-33 - Effect of failure to obtain electronic consent or confirmation.

58-1-33. Effect of failure to obtain electronic consent or confirmation.
The legal effectiveness, validity, or enforceability of any contract or policy of insurance executed by a party may not be denied solely because of the failure to obtain electronic consent or confirmation of consent of the party in accordance with subsection 58-1-30(3)(b).
Source:
SL 2014, ch 230, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-34 - Withdrawal of consent.

58-1-34. Withdrawal of consent.
A withdrawal of consent by a party does not affect the legal effectiveness, validity, or enforceability of a notice or document delivered by electronic means to the party before the withdrawal of consent is effective. A withdrawal of consent by a party is effective within a reasonable period of time after receipt of the withdrawal by the insurer. If an insurer fails to comply with §58-1-30, the party may treat the failure as a withdrawal of consent for purposes of §§58-1-27 to 58-1-39, inclusive.
Source:
SL 2014, ch 230, §8.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-35 - Documents delivered electronically before July 1, 2014.

58-1-35. Documents delivered electronically before July 1, 2014.
The provisions of §§58-1-27 to 58-1-39, inclusive, do not apply to a notice or document delivered by an insurer in an electronic form before July 1, 2014 to a party who, before that date, consented to receive notice or document in an electronic form otherwise allowed by law.
Source:
SL 2014, ch 230, §9.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-36 - Notice to parties consenting to electronic transmission before July 1, 2014.

58-1-36. Notice to parties consenting to electronic transmission before July 1, 2014.
If the consent of a party to receive certain notices or documents in an electronic form is on file with an insurer before July 1, 2014, and pursuant to §§58-1-27 to 58-1-39, inclusive, an insurer intends to deliver additional notices or documents to such party in an electronic form, then prior to delivering such additional notices or documents electronically, the insurer shall notify the party of:
(1)The notices or documents that may be delivered by electronic means pursuant to §§58-1-27 to 58-1-39, inclusive, that were not previously delivered electronically; and
(2)The party's right to withdraw consent to have notices or documents delivered by electronic means.
Source:
SL 2014, ch 230, §10.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-37 - Oral communications and recordings--Electronic signatures.

58-1-37. Oral communications and recordings--Electronic signatures.
Except as otherwise provided by law, if an oral communication or a recording of an oral communication from a party is reliably stored and reproduced by an insurer, the oral communication or recording qualifies as a notice or document delivered by electronic means for purposes of §§58-1-27 to 58-1-39, inclusive. If a provision of applicable law requires a signature, notice, or document to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by the provision, is attached to or logically associated with the signature, notice, or document.
Source:
SL 2014, ch 230, §11.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-38 - Conditions for posting property and casualty policy or endorsement on insurer's website.

58-1-38. Conditions for posting property and casualty policy or endorsement on insurer's website.
Notwithstanding any other provision of §§58-1-27 to 58-1-39, inclusive, if a standard property and casualty insurance policy or endorsement does not contain personally identifiable information, an insurer may mail, deliver, or post the policy or endorsement on the insurer's website. If the insurer elects to post an insurance policy or endorsement on the insurer's website in lieu of mailing or delivering the document to the insured, the insurer must comply with the following conditions:
(1)The policy and endorsement must be accessible as long as the policy or endorsement is in force;
(2)After the policy expires, the insurer must maintain and archive the policy and endorsement for five years after the expiration of the policy and shall make the documents available to the party on request;
(3)The insurer must post the policy and endorsement in a manner that allows the insured to print and save the policy and endorsement using a program or application that is widely available on the internet and free to use;
(4)The insurer provides the following information in, or simultaneous with each declarations page provided at the time of issuance of the initial policy and any renewals of that policy;
(a)A description of the exact policy and endorsement form purchased by the insured;
(b)A method by which the insured may obtain, upon request and without charge, a paper copy of the policy; and
(c)The internet address where the insured's policy and endorsement is posted; and
(5)The insurer provides notice, in the format preferred by the insured, of any changes to the form or endorsement, the insured's right to obtain, upon request and without charge, a paper copy of a form, and the internet address where the form and endorsement is posted.
Source:
SL 2014, ch 230, §12.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-39 - Products and documents to which §§58-1-27 to 58-1-39 apply.

58-1-39. Products and documents to which §§58-1-27 to 58-1-39 apply.
The provisions of §§58-1-27 to 58-1-39, inclusive, apply to the insurance products and documents, including insurance policies, insurance riders, insurance endorsements, and annuity contracts filed with and regulated by the director pursuant to this title.
Source:
SL 2014, ch 230, §13.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-40 - English version of policy controls--Transactions in another language permitted.

58-1-40. English version of policy controls--Transactions in another language permitted.
The controlling version of any insurance policy offered in South Dakota shall be the English version. An authorized insurer, as defined in subdivision 58-1-2(2), may conduct transactions in a language other than English through an employee or agent acting as interpreter or through an interpreter provided by the customer.
Source:
SL 2018, ch 277, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-41 - Policies and advertising in language other than English permitted.

58-1-41. Policies and advertising in language other than English permitted.
An authorized insurer, as defined in subdivision 58-1-2(2), may provide insurance policies, endorsements, riders, and any explanatory or advertising materials in a language other than English. If there is a dispute or complaint regarding the insurance or advertising material, the English language version of the insurance coverage shall control the resolution of the dispute or complaint.
Source:
SL 2018, ch 277, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-42 - Statement attesting that policy in language other than English is translation of policy approved by division.

58-1-42. Statement attesting that policy in language other than English is translation of policy approved by division.
An authorized insurer, as defined in subdivision 58-1-2(2), providing a policy as authorized in §58-1-41 may only offer that policy after the insurer has first filed a statement with the Division of Insurance attesting that the policy in a language other than English is the translation of a policy form already filed and approved by the division.
Source:
SL 2018, ch 277, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-43 - Policy statement that dispute resolved by English version.

58-1-43. Policy statement that dispute resolved by English version.
A policy offered in a language other than English must clearly state in the language of that policy being marketed, that if a dispute or complaint occurs regarding the meaning of the policy, the dispute shall be resolved by the English version interpretation.
Source:
SL 2018, ch 277, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-44 - Unfair trade provisions not abrogated.

58-1-44. Unfair trade provisions not abrogated.
Nothing contained in §§58-1-40 to 58-1-43, inclusive, shall abrogate or supersede the provisions set forth in chapter 58-33 relating to unfair trade practices.
Source:
SL 2018, ch 277, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-1.1 - Division within Department of Labor and Regulation--Direction and supervision by department--Independent functions retained by division.

58-2-1.1. Division within Department of Labor and Regulation--Direction and supervision by department--Independent functions retained by division.
The Division of Insurance shall be administered under the direction and supervision of the Department of Labor and Regulation (hereinafter referred to as "department") and the secretary of labor and regulation (hereinafter referred to as "secretary"), but shall retain the quasi-judicial, quasi-legislative, advisory, and other nonadministrative functions (as defined in §1-32-1) otherwise vested in it and shall exercise those functions independently of the secretary.
Source:
SL 1973, ch 2 (Ex. Ord. 73-1), §48; SL 1974, ch 3, §12; SL 2003, ch 272 (Ex. Ord. 03-1), §119, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-2.1 - Appointment of director--Removal.

58-2-2.1. Appointment of director--Removal.
The director of the Division of Insurance shall be appointed by the secretary and may be removed at the pleasure of the secretary.
Source:
SL 1973, ch 2, §49; SL 1980, ch 370, §21; SL 1995, ch 2, §6; SL 2003, ch 272, §120.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-3 - Qualifications of director.

58-2-3. Qualifications of director.
The director must have had at least five years of practical experience in one or more of the types of insurance business subject to regulation by the director, or have had other professional and business experience reasonably adequate in character and scope to equip him to discharge the duties and fulfill the responsibilities of the office of director.
Source:
SL 1966, ch 111, ch 2, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-9 - Legal adviser to division--Employment--Duties.

58-2-9. Legal adviser to division--Employment--Duties.
The Department of Labor and Regulation shall appoint and employ an attorney to act as legal adviser to the division and to make investigations of violations or claimed violations of this title and to perform such other duties as directed by the department.
Source:
SL 1966, ch 111, ch 2, §4 (5); SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-10 - Actuaries--Employment by department--Duties.

58-2-10. Actuaries--Employment by department--Duties.
The Department of Labor and Regulation may employ competent insurance actuaries to perform actuarial duties of the division, to take charge of or assist in the examination of insurers, and to perform other duties assigned to them.
Source:
SL 1966, ch 111, ch 2, §4 (3); SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-11 - Examiners for examination of insurers and others--Employment by department.

58-2-11. Examiners for examination of insurers and others--Employment by department.
The Department of Labor and Regulation may appoint or employ examiners to conduct or assist in examinations of insurers and others provided for under this title.
Source:
SL 1966, ch 111, ch 2, §4 (4); SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-12 - Oath of office and bond of director--Bonds of insurance examiners, actuaries, and attorney for division--Bond premiums paid from state insurance fund.

58-2-12. Oath of office and bond of director--Bonds of insurance examiners, actuaries, and attorney for division--Bond premiums paid from state insurance fund.
The director shall, before entering upon the duties of his office, take and subscribe the constitutional oath of office and shall give the state a bond in the sum of one hundred thousand dollars, and each insurance examiner, the actuary and the attorney shall each give bond to the state in the sum of fifty thousand dollars, all such bonds to be conditioned for the faithful and impartial discharge of the duties imposed upon such director and employees by this title, and all such bonds to be approved by the attorney general, and recorded and filed as provided by law.
The premium of such bonds shall be paid by the state treasurer out of the insurance fund of this state upon warrants drawn on such fund by the state auditor.
Source:
SL 1966, ch 111, ch 2, §6.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-13 - Chief clerk and employees--Appointment.

58-2-13. Chief clerk and employees--Appointment.
The Department of Labor and Regulation may appoint a chief clerk and such other employees as may be necessary, subject to the approval of the Bureau of Human Resources.
Source:
SL 1966, ch 111, ch 2, §4 (6); SL 2003, ch 272 (Ex. Ord.), §20; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011; SL 2012, ch 23, §101.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-14 - Division personnel--Termination of employment by department.

58-2-14. Division personnel--Termination of employment by department.
The Department of Labor and Regulation may at any time terminate the employment of any person in the division.
Source:
SL 1966, ch 111, ch 2, §4 (7); SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-15 - Actuarial, technical, or other professional services--Department authorized to contract for on a fee or part-time basis.

58-2-15. Actuarial, technical, or other professional services--Department authorized to contract for on a fee or part-time basis.
The Department of Labor and Regulation may contract, on a fee or a part-time basis, for such actuarial, technical, or other professional services as the division may require for the discharge of its duties.
Source:
SL 1966, ch 111, ch 2, §4 (8); SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-16 - Technical or professional personnel--Bond required, amount, approval and filing, payment of premium.

58-2-16. Technical or professional personnel--Bond required, amount, approval and filing, payment of premium.
Any technical or professional personnel hired by the Department of Labor and Regulation upon a part-time or fee basis may be required to furnish a bond in such amount as the department may determine, such bond to be approved and filed and the premium therefor paid in the same manner as provided in §58-2-12.
Source:
SL 1966, ch 111, ch 2, §6; SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-17 - Compensation of personnel.

58-2-17. Compensation of personnel.
The compensation of all such personnel employed or contracted for by the Department of Labor and Regulation shall be fixed by the department subject to the approval of the Bureau of Human Resources.
Source:
SL 1966, ch 111, ch 2, §4 (9); revised pursuant to SL 1973, ch 23, §6; SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011; SL 2012, ch 23, §102.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-18 - Additional compensation for services rendered by personnel prohibited--Misdemeanor.

58-2-18. Additional compensation for services rendered by personnel prohibited--Misdemeanor.
The director or any examiner or employee of the division shall not be given nor receive any fee, compensation, loan, gift, or other thing of value except the compensation and expense allowance provided by law, for any service rendered or to be rendered as such examiner or employee or in connection therewith. Violation of this section is a Class 2 misdemeanor.
Source:
SL 1966, ch 111, ch 2, §8; SL 1978, ch 359, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-19 - Interests of personnel in insurance transactions prohibited--Misdemeanor.

58-2-19. Interests of personnel in insurance transactions prohibited--Misdemeanor.
The director or any examiner, assistant, or employee of the division shall not be financially interested, directly or indirectly, in any insurer, insurance agency, or insurance transaction except as a policyholder or claimant under a policy; except, that as to such matters wherein a conflict of interests does not exist on the part of any such individual, the Department of Labor and Regulation may employ or retain from time to time insurance actuaries, attorneys, or other technicians who are independently practicing their professions even though similarly employed or retained by insurers or others. Violation of this section is a Class 2 misdemeanor.
Source:
SL 1966, ch 111, ch 2, §8; SL 1978, ch 359, §2; SL 2003, ch 272, §20; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-20 - Procurement of loan secured by mortgage on real estate permitted to division personnel.

58-2-20. Procurement of loan secured by mortgage on real estate permitted to division personnel.
Sections 58-2-18 and 58-2-19 shall not be construed to prohibit the director or any employee from procuring a loan secured by a mortgage on real estate which mortgage and loan would be a proper investment under the provisions of this title.
Source:
SL 1966, ch 111, ch 2, §8.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-21 - Enforcement of provisions of this title.

58-2-21. Enforcement of provisions of this title.
The director shall enforce the provisions of this title, under the direction and supervision of the Department of Labor and Regulation, and shall execute the duties imposed upon him by this title.
Source:
SL 1966, ch 111, ch 2, §7; SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-22 - Power and authority of director--Examinations and investigations.

58-2-22. Power and authority of director--Examinations and investigations.
The director shall have the powers and the authority expressly conferred upon him by or reasonably implied from the provisions of this title. The director may conduct such examinations and investigations of insurance matters, in addition to examinations and investigations expressly authorized by this title, as he may deem proper to determine whether any person has violated any provision of this title or to secure information useful in the lawful administration of any such provision. The cost of such additional examinations and investigations shall be borne by the state.
Source:
SL 1966, ch 111, ch 2, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-23 - Additional powers and duties of director provided by other laws.

58-2-23. Additional powers and duties of director provided by other laws.
The director shall have such additional powers and duties as may be provided by other laws of this state.
Source:
SL 1966, ch 111, ch 2, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-24 - Delegation of powers by director.

58-2-24. Delegation of powers by director.
The director may delegate to the actuary, attorney, examiners, or employees of the division, the exercise or discharge in the director's name of any power, duty, or function, whether ministerial, discretionary, or of whatever character, vested in or imposed upon the director under this title.
The official act of any such person so acting in the director's name and by his authority shall be deemed to be an official act of the director.
Source:
SL 1966, ch 111, ch 2, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-26 - Records--Keeping by director--Public inspection.

58-2-26. Records--Keeping by director--Public inspection.
The director shall keep permanent records of his official transactions, examinations, investigations, and proceedings. Such records and insurance filings in his office shall be open to public inspection, except as otherwise provided in this title with respect to particular records or filings.
Source:
SL 1966, ch 111, ch 2, §10.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-27 - Director's certificate of authority--Evidence.

58-2-27. Director's certificate of authority--Evidence.
The director shall furnish, when requested, his sworn certificate as to the authority of any person to transact insurance business, and such certificate shall be evidence of the facts set forth therein.
Source:
SL 1966, ch 111, ch 2, §11 (2); SL 1978, ch 359, §11.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-28 - Certified copies of records in office of director as evidence.

58-2-28. Certified copies of records in office of director as evidence.
Copies of records or documents in his office certified to by the director shall be received in evidence in all courts as if they were the originals.
Source:
SL 1966, ch 111, ch 2, §11 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-30 - Disposition of money received by director.

58-2-30. Disposition of money received by director.
All fees received by the director from any source whatever, except as provided in §58-3-15 not later than the fifth day of the succeeding month, shall be paid into the state treasury and by the state treasurer deposited in the insurance operating fund according to §4-4-4.3. All other money received by the director from any source whatever, except as provided in §58-3-15 not later than the fifth day of the succeeding month, shall be paid into the state treasury and by the state treasurer deposited in the general fund.
Source:
SL 1966, ch 111, ch 2, §28; SL 1989, ch 48, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-39 - Promulgation of rules regarding definitions, enrollment, disclosure, notice, claims, and records.

58-2-39. Promulgation of rules regarding definitions, enrollment, disclosure, notice, claims, and records.
The Division of Insurance may promulgate rules pursuant to chapter 1-26 in the following areas:
(1)Definition of terms used in §§58-17-30.2, 58-17-30.4, 58-18-32, 58-18-34, and 58-33-85 to 58-33-88, inclusive;
(2)Insurer enrollment procedures;
(3)Disclosure and notice requirements;
(4)Claim processing procedures; and
(5)Record-keeping requirements for insurers and producers.
Source:
SL 1994, ch 387, §19; SL 2014, ch 231, §1; SL 2021, ch 210, § 1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-40 - Promulgation of rules to protect privacy of medical records.

58-2-40. Promulgation of rules to protect privacy of medical records.
The director of insurance shall promulgate rules pursuant to chapter 1-26, to protect the privacy of personally identifiable health care and medical information, data, and records. The rules shall cover health care and medical information, data, and records collected, used, or disclosed by any person licensed or registered under Title 58 or any person with whom such licensees or registrants contract, and shall include all health care and medical information, data, and records received by or in the possession of the Division of Insurance. The rules may include the following:
(1)Definition of terms;
(2)Standards for the protection of the privacy and confidentiality of personally identifiable health care information and medical records;
(3)Rules for the collection, use, storage, security, disclosure, release, and disposal of health care and medical information, data, and records in all forms, including printed material, plastic media, audio, video, computerized and electronic transmissions;
(4)Rules regarding the sale and exchange of health care and medical information, data, and records;
(5)Rules to define the responsibilities and limitations of those needing or requiring access to health care and medical information, data, and records;
(6)Rules for procedures and documents required for the release or transfer of health care and medical information, data, and records, including the identity of who may release such information and records and under what conditions and provisions of the law, as needed to protect the privacy of personally identifiable health care and medical information, data, and records;
(7)Rules for the collection, use, storage, security, disclosure, distribution, release, and disposal of health care information and medical records obtained, used, or held in connection with the operation, maintenance, or review of insurance certificates, contracts, policies, and plans, and health maintenance organizations, subject to the jurisdiction of the director of insurance.
Source:
SL 2000, ch 234, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 02 - Division Of Insurance › Section 58-2-41 - Promulgation of rules to protect privacy of personal nonpublic financial information--Applicability--Construction.

58-2-41. Promulgation of rules to protect privacy of personal nonpublic financial information--Applicability--Construction.
The director shall promulgate rules pursuant to chapter 1-26 relating to the privacy of personal nonpublic financial information. The rules must be designed to provide privacy to the public of the personal nonpublic financial information that is shared or obtained in connection with insurance transactions. The director shall design the rules to protect the public's personal nonpublic financial information but also consider the impact of any rules on the cost and availability of insurance in this state. In promulgating the rules required by this section the director shall give substantial consideration to the privacy standards contained in the NAIC Privacy of Consumer Financial and Health Information Regulation as in effect as of January 1, 2001, and otherwise design the rules to achieve uniformity, to the degree reasonably possible, in the standards for personal nonpublic financial information. The rules may include the following as they relate to financial privacy:
(1)Definition of terms;
(2)Permitting the disclosure and use of personal nonpublic financial information between affiliates;
(3)Opt out procedures for the disclosure and use of personal nonpublic financial information with nonaffiliates;
(4)Notice and disclosure requirements and formats;
(5)Limits on disclosure of personal nonpublic financial information;
(6)Limits on redisclosure and reuse of personal nonpublic financial information;
(7)Limits on sharing account number information for marketing purposes;
(8)Exceptions for opt out and notice requirements; and
(9)Nondiscrimination requirements as they relate to persons who opt out or who do not grant an authorization.
Nothing in this section applies to any rules that may be promulgated pursuant to §58-2-40. Nothing in this section may be construed to impair or conflict with the Fair Credit Reporting Act.
Source:
SL 2001, ch 268, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 03 - Examination Of Insurers And Insurance Producers › Section 58-3-1 - Examination of insurers--Scope.

58-3-1. Examination of insurers--Scope.
The director of the Division of Insurance shall examine the affairs, transactions, accounts, records, and assets of each company, authorized insurer, management company, an owned or controlled subsidiary of the insurer, and each rating organization, as often as he deems advisable. He shall examine each domestic insurer not less frequently than every five years. During an examination, the director may also examine any person or the business of any person that the director considers is necessary, material or affects the business of the insurer.
Source:
SL 1966, ch 111, ch 2, §16 (1); SL 1992, ch 338, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 03 - Examination Of Insurers And Insurance Producers › Section 58-3-1.1 - "Company" defined.

58-3-1.1. Company defined.
As used in this chapter, the term, company, means any person engaging in or proposing or attempting to engage in any insurance business and any person or group of persons who may otherwise be subject to the administrative, regulatory, or taxing authority of the director.
Source:
SL 1992, ch 338, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 03 - Examination Of Insurers And Insurance Producers › Section 58-3-2 - Examination of alien insurer--Limited extent.

58-3-2. Examination of alien insurer--Limited extent.
Examination of an alien insurer may be limited to its insurance transactions and affairs in the United States. Examination of a reciprocal insurer may also include examination of its attorney in fact in so far as the transactions of the attorney in fact relate to the insurer.
Source:
SL 1966, ch 111, ch 2, §16 (1).
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 03 - Examination Of Insurers And Insurance Producers › Section 58-3-3 - Applicant for initial certificate of authority to do insurance business in state--Examination by director.

58-3-3. Applicant for initial certificate of authority to do insurance business in state--Examination by director.
The director shall examine each insurer or rating organization receiving an initial certificate of authority to do business in this state within one year from the date of the licensure except those qualifying under §§58-3-4 and 58-6-13.
Source:
SL 1966, ch 111, ch 2, §16 (2); SL 1992, ch 338, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 03 - Examination Of Insurers And Insurance Producers › Section 58-3-3.1 - Examination assessment fee--Insurance examination fund established for proceeds.

58-3-3.1. Examination assessment fee--Insurance examination fund established for proceeds.
Any insurer subject to chapter 58-3 shall pay to the Division of Insurance an annual examination assessment fee of three hundred dollars by March first of each year. There is established within the state treasury the insurance examination fund, into which shall be deposited the proceeds from the examination assessment fees. If the director determines that additional fees are needed to meet the anticipated needs of the examination fund, the director may increase the annual examination assessment fee or levy additional examination assessment fees of up to one hundred fifty dollars per insurer whenever the insurance examination fund falls below fifty thousand dollars. However, the director may not increase the annual examination fee to an amount exceeding one thousand dollars.
Source:
SL 1997, ch 283, §1; SL 2011, ch 213, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 03 - Examination Of Insurers And Insurance Producers › Section 58-3-3.2 - Payments from insurance examination fund.

58-3-3.2. Payments from insurance examination fund.
All money in the insurance examination fund is continuously appropriated for the purposes specified in this chapter. All costs of examinations, including travel expenses, living expense allowances, and per diem as compensation of examiners shall be paid from the fund. The fund shall also pay the costs of consultants, attorneys, actuaries, accountants, and other experts as shall be determined at the director's discretion to be reasonably necessary to assist in the conduct of the examination or analyses of the financial affairs of insurance companies. Any person so retained shall be under the direction and control of the director and shall act in a purely advisory capacity.
Source:
SL 1997, ch 283, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 03 - Examination Of Insurers And Insurance Producers › Section 58-3-3.3 - Reimbursement to agents involved with insurance examinations--Insurer reimbursements.

58-3-3.3. Reimbursement to agents involved with insurance examinations--Insurer reimbursements.
The director may require persons who are not employees of the division who have been retained by the director to conduct or participate in examinations to bill and receive payments directly from the insurance company being examined. An insurer paying the costs of its examination pursuant to §58-3-15 may receive reimbursements from the insurance examination fund upon completion of the examination.
Source:
SL 1997, ch 283, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 03 - Examination Of Insurers And Insurance Producers › Section 58-3-3.4 - Application of examination fund to farm mutual insurers and captive insurance companies.

58-3-3.4. Application of examination fund to farm mutual insurers and captive insurance companies.
The provisions of §§58-3-3.1 to 58-3-3.3, inclusive, 58-3-7.4, and 58-3-11 do not apply to farm mutual insurers subject to chapter 58-35 and captive insurance companies subject to chapter 58-46 unless the farm mutual or captive insurance company wrote premiums in excess of one million dollars in the prior calendar year.
Source:
SL 1997, ch 283, §6; SL 2004, ch 297, §1; SL 2013, ch 257, §29.