reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-707 - Pre-effective-date financing statement--Amendment, continuation, termination.

57A-9-707. Pre-effective-date financing statement--Amendment, continuation, termination.
(a) In this section, "pre-effective-date financing statement" means a financing statement filed before July 1, 2001.
(b) After July 1, 2001, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Part 3. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(c) Except as otherwise provided in subsection (d), if the law of this state governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after July 1, 2001, only if:
(1)The pre-effective-date financing statement and an amendment are filed in the office specified in §57A-9-501;
(2)An amendment is filed in the office specified in §57A-9-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies §57A-9-706(c); or
(3)An initial financing statement that provides the information as amended and satisfies §57A-9-706(c) is filed in the office specified in §57A-9-501.
(d) If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under §57A-9-705(d) and (f) or 57A-9-706.
(e) Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this state may be terminated after July 1, 2001, by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies §57A-9-706(c) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Part 3 as the office in which to file a financing statement.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-708 - Conditions to filing initial financing statement or continuation statement under part.

57A-9-708. Conditions to filing initial financing statement or continuation statement under part.
A person may file an initial financing statement or a continuation statement under this part if:
(1)The secured party of record authorizes the filing; and
(2)The filing is necessary under this part:
(A)To continue the effectiveness of a financing statement filed before July 1, 2001; or
(B)To perfect or continue the perfection of a security interest.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-709 - Determination of priority of conflicting claims to collateral--Dating priority of security interest.

57A-9-709. Determination of priority of conflicting claims to collateral--Dating priority of security interest.
(a) This chapter determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2001, former chapter 57A-9 determines priority.
(b) For purposes of §57A-9-322(a), the priority of a security interest that becomes enforceable under §57A-9-203 of this chapter dates from July 1, 2001, if the security interest is perfected under this chapter by the filing of a financing statement before July 1, 2001, which would not have been effective to perfect the security interest under former chapter 57A-9. This subsection does not apply to conflicting security interests each of which is perfected by the filing of such a financing statement.
Source:
SL 2000, ch 231.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-801 - Effective date of SL 2012, ch 238.

57A-9-801. Effective date of SL 2012, ch 238.
SL 2012, ch 238 takes effect on July 1, 2013.
Source:
SL 2012, ch 238, §9-801, eff. July 1, 2013.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-802 - Savings clause.

57A-9-802. Savings clause.
(a) Except as otherwise provided in this part, SL 2012, ch 238 applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before July 1, 2013.
(b) SL 2012, ch 238 does not affect an action, case, or proceeding commenced before July 1, 2013.
Source:
SL 2012, ch 238, §9-802, eff. July 1, 2013.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-803 - Security interest perfected before effective date.

57A-9-803. Security interest perfected before effective date.
(a) A security interest that is a perfected security interest immediately before July 1, 2013 is a perfected security interest under chapter 57A-9 as amended by SL 2012, ch 238 if, on July 1, 2013, the applicable requirements for attachment and perfection under chapter 57A-9 as amended by SL 2012, ch 238 are satisfied without further action.
(b) Except as otherwise provided in §57A-9-805, if, immediately before July 1, 2013, a security interest is a perfected security interest, but the applicable requirements for perfection under chapter 57A-9 as amended by SL 2012, ch 238 are not satisfied on July 1, 2013, the security interest remains perfected thereafter only if the applicable requirements for perfection under chapter 57A-9 as amended by SL 2012, ch 238 are satisfied within one year after July 1, 2013.
Source:
SL 2012, ch 238, §9-803, eff. July 1, 2013.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-804 - Security interest unperfected before effective date.

57A-9-804. Security interest unperfected before effective date.
A security interest that is an unperfected security interest immediately before July 1, 2013 becomes a perfected security interest:
(1)Without further action, on July 1, 2013 if the applicable requirements for perfection under chapter-57A-9 as amended by SL 2012, ch 238 are satisfied before or at that time; or
(2)When the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.
Source:
SL 2012, ch 238, §9-804, eff. July 1, 2013.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-806 - When initial financing statement suffices to continue effectiveness of financing statement.

57A-9-806. When initial financing statement suffices to continue effectiveness of financing statement.
(a) The filing of an initial financing statement in the office specified in §57A-9-501 continues the effectiveness of a financing statement filed before July 1, 2013 if:
(1)The filing of an initial financing statement in that office would be effective to perfect a security interest under chapter 57A-9 as amended by SL 2012, ch 238;
(2)The pre-effective-date financing statement was filed in an office in another state; and
(3)The initial financing statement satisfies subsection (c).
(b) The filing of an initial financing statement under subsection (a) continues the effectiveness of the pre-effective-date financing statement:
(1)If the initial financing statement is filed before July 1, 2013, for the period provided in unamended §57A-9-515 as found prior to July 1, 2013, with respect to an initial financing statement; and
(2)If the initial financing statement is filed after SL 2012, ch 238 takes effect, for the period provided in §57A-9-515 as amended by SL 2012, ch 238 with respect to an initial financing statement.
(c) To be effective for purposes of subsection (a), an initial financing statement must:
(1)Satisfy the requirements of §§57A-9-501 to 57A-9-530, inclusive, as amended by SL 2012, ch 238 for an initial financing statement;
(2)Identify the pre-effective-date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and
(3)Indicate that the pre-effective-date financing statement remains effective.
Source:
SL 2012, ch 238, §9-806, eff. July 1, 2013.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-807 - Amendment of pre-effective-date financing statement.

57A-9-807. Amendment of pre-effective-date financing statement.
(a) In this section, "pre-effective-date financing statement" means a financing statement filed before July 1, 2013.
(b) After SL 2012, ch 238 takes effect, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in chapter 57A-9 as amended by SL 2012, ch 238. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(c) Except as otherwise provided in subsection (d), if the law of this state governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after SL 2012, ch 238 takes effect only if:
(1)The pre-effective-date financing statement and an amendment are filed in the office specified in §57A-9-501;
(2)An amendment is filed in the office specified in §57A-9-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies §57A-9-806(c); or
(3)An initial financing statement that provides the information as amended and satisfies §57A-9-806(c) is filed in the office specified in §57A-9-501.
(d) If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under §57A-9-805(c) and (e) or §57A-9-806.
(e) Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this state may be terminated after SL 2012, ch 238 takes effect by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies §57A-9-806(c) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in chapter 57A-9 as amended by SL 2012, ch 238 as the office in which to file a financing statement.
Source:
SL 2012, ch 238, §9-807, eff. July 1, 2013.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-808 - Person entitled to file initial financing statement or continuation statement.

57A-9-808. Person entitled to file initial financing statement or continuation statement.
A person may file an initial financing statement or a continuation statement under this part if:
(1)The secured party of record authorizes the filing; and
(2)The filing is necessary under this part:
(A)To continue the effectiveness of a financing statement filed before July 1, 2013; or
(B)To perfect or continue the perfection of a security interest.
Source:
SL 2012, ch 238, §9-808, eff. July 1, 2013.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 09 - Secured Transactions › Section 57A-9-809 - Priority.

57A-9-809. Priority.
SL 2012, ch 238 determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2013, chapter 57A-9 as it existed before July 1, 2013 determines priority.
Source:
SL 2012, ch 238, §9-809, eff. July 1, 2013.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 10 - Effective Date And Repealer › Section 57A-10-101 - Effective date.

57A-10-101. Effective date.
Such parts of this title as are necessary to effectuate the enactment of the Uniform Stock Transfer Act, including but not limited to subsection (1) of §57A-1-102, §57A-1-103, subsections (19), (28), (30), (32), (33) and (44) of §57A-1-201, §§57A-8-103, 57A-8-204, 57A-8-206, 57A-8-207, 57A-8-301, 57A-8-306, 57A-8-307, 57A-8-308, 57A-8-309, 57A-8-313, 57A-8-315, 57A-8-317 and 57A-8-405, became effective July 1, 1966, and this title otherwise became effective July 1, 1967. It applies to transactions entered into and events occurring after that date.
Source:
SL 1966, ch 150, §10-101; SDCL, §57-40-1.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 10 - Effective Date And Repealer › Section 57A-10-102 - Specific repealer--Provision for transition.

57A-10-102. Specific repealer--Provision for transition.
(1)Effective July 1, 1967, the following laws are hereby repealed: SDC 3.0215 except the first sentence thereof; SDC 6.0422; SDC 8.04; subsection (4) of SDC 10.0605; SDC 39.02 except the second paragraph of 39.0201, 39.0211, the first and third paragraphs of 39.0212, and the first paragraph of 39.0214; SDC 39.04 as amended by chapter 168 of the Session Laws of 1945 and chapter 176 of the Session Laws of 1947; SDC 39.0511 and 39.0513; SDC Title 46 as amended by chapter 256 of the Session Laws of 1961; SDC 54.01; SDC 54.02 as amended by chapter 181 of the Session Laws of 1943; SDC 54.03 as amended by chapter 297 of the Session Laws of 1963, and SDC 60.04; SDC 1960 Supp. 6.0412-1, 6.0412-2, 6.0412-3, 6.0412-4, 6.0420; SDC 1960 Supp. 37.35, 39.18 and 39.19.
(2)Transactions validly entered into before the effective date specified in §57A-10-101 and the rights, duties and interests flowing from them remain valid thereafter and may be terminated, completed, consummated or enforced as required or permitted by any statute or other law amended or repealed by chapter 150 of the Session Laws of 1966 as though such repeal or amendment had not occurred.
Source:
SL 1966, ch 150, §10-102; SDCL, §57-40-2.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 11 - Effective Date And Transition Provisions For 1983 Amendments › Section 57A-11-101 - Effective date.

57A-11-101.Effective date.
This 1983 Act shall become effective at 12:01 a. m. on July 1, 1983.
Source:
SDCL, §57A-11-101, enacted by SL 1982, ch 347, §38; SL 1983, ch 367, §7.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 11 - Effective Date And Transition Provisions For 1983 Amendments › Section 57A-11-101(a) - Transition to 1999 Act--General rule.

57A-11-101A. Transition to 1999 Act--General rule.
A transaction arising out of or associated with a letter of credit that was issued before July 1, 1999, and the rights, obligations, and interests flowing from that transaction are governed by any statute or other law amended or repealed by this Act as if repeal or amendment had not occurred and may be terminated, completed, consummated, or enforced under that statute or other law.
Source:
SL 1998, ch 283, §§4, 5.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 11 - Effective Date And Transition Provisions For 1983 Amendments › Section 57A-11-102 - Preservation of old transition provision.

57A-11-102. Preservation of old transition provision.
The provisions of Title 57A in effect on July 1, 1983 shall continue to apply to this 1982 Act and for this purpose Title 57A in effect on July 1, 1983 and this 1982 Act shall be considered one continuous statute.
Source:
SDCL, §57A-11-102, enacted by SL 1982, ch 347, §38; SL 1983, ch 367, §7.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 11 - Effective Date And Transition Provisions For 1983 Amendments › Section 57A-11-103 - Transition to 1983 Act--General rule.

57A-11-103. Transition to 1983 Act--General rule.
Transactions validly entered into after the dates set by §57A-10-101 and before July 1, 1983, and which were subject to the provisions of Title 57A and which would be subject to this 1983 Act as amended if they had been entered into after July 1, 1983 and the rights, duties and interests flowing from such transactions remain valid after the latter date and may be terminated, completed, consummated or enforced as required or permitted by this 1983 Act. Security interests arising out of such transactions which are perfected when this 1983 Act becomes effective shall remain perfected until they lapse as provided in this 1983 Act, and may be continued as permitted by this 1983 Act, except as stated in §57A-11-105.
Source:
SDCL, §57A-11-103, enacted by SL 1982, ch 347, §38; SL 1983, ch 367, §7.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 11 - Effective Date And Transition Provisions For 1983 Amendments › Section 57A-11-104 - Transition provision on change of requirement of filing.

57A-11-104. Transition provision on change of requirement of filing.
A security interest for the perfection of which filing or the taking of possession was required under Title 57A and which attached prior to July 1, 1983 but was not perfected shall be deemed perfected on July 1, 1983 if this 1983 Act permits perfection without filing or authorizes filing in the office or offices where a prior ineffective filing was made.
Source:
SDCL, §57A-11-104, enacted by SL 1982, ch 347, §38; SL 1983, ch 367, §7.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 11 - Effective Date And Transition Provisions For 1983 Amendments › Section 57A-11-105 - Transition provision on change of place of filing.

57A-11-105. Transition provision on change of place of filing.
(1)A financing statement or continuation statement filed prior to July 1, 1983 which shall not have lapsed prior to July 1, 1983 shall remain effective for the period provided in Title 57A, but not less than five years after the filing.
(2)With respect to any collateral acquired by the debtor subsequent to July 1, 1983, any effective financing statement or continuation statement described in this section shall apply only if the filing or filings are in the office or offices that would be appropriate to perfect the security interests in the new collateral under this 1983 Act.
(3)The effectiveness of any financing statement or continuation statement filed prior to July 1, 1983 may be continued by a continuation statement as permitted by this 1983 Act, except that if this 1983 Act requires a filing in an office where there was no previous financing statement, a new financing statement conforming to §57A-11-106 shall be filed in that office.
(4)If the record of a mortgage of real estate would have been effective as a fixture filing of goods described therein if this 1983 Act had been in effect on the date of recording the mortgage, the mortgage shall be deemed effective as a fixture filing as to such goods under subsection (6) of §57A-9-402 of this 1983 Act on July 1, 1983.
Source:
SDCL, §57A-11-105, enacted by SL 1982, ch 347, §38; SL 1983, ch 367, §7.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 11 - Effective Date And Transition Provisions For 1983 Amendments › Section 57A-11-106 - Required refilings.

57A-11-106. Required refilings.
(1)If a security interest is perfected or has priority when this 1983 Act takes effect as to all persons or as to certain persons without any filing or recording, and if the filing of a financing statement would be required for the perfection or priority of the security interest against those persons under this 1983 Act, the perfection and priority rights of the security interest continue until three years after July 1, 1983. The perfection will then lapse unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing.
(2)If a security interest is perfected when this 1983 Act takes effect under a law other than the Uniform Commercial Code which requires no further filing, refiling or recording to continue its perfection, perfection continues until and will lapse three years after this 1983 Act takes effect, unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing, or unless under subsection (3) of §57A-9-302 the other law continues to govern filing.
(3)If a security interest is perfected by a filing, refiling or recording under a law repealed by this 1983 Act which required further filing, refiling or recording to continue its perfection, perfection continues and will lapse on the date provided by the law so repealed for such further filing, refiling or recording unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing.
(4)A financing statement may be filed within six months before the perfection of a security interest would otherwise lapse. Any such financing statement may be signed by either the debtor or the secured party. It must identify the security agreement, statement or notice (however denominated in any statute or other law repealed or modified by this 1983 Act), state the office where and the date when the last filing, refiling or recording, if any, was made with respect thereto, and the filing number, if any, or book and page, if any, of recording and further state that the security agreement, statement or notice, however denominated, in another filing office under the Uniform Commercial Code or under any statute or other law repealed or modified by this 1983 Act is still effective. Sections 57A-9-401 and 57A-9-103 determine the proper place to file such a financing statement. Except as specified in this section, the provisions of §57A-9-403(3) for continuation statements apply to such a financing statement.
Source:
SDCL, §57A-11-106, enacted by SL 1982, ch 347, §38; SL 1983, ch 367, §7.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 11 - Effective Date And Transition Provisions For 1983 Amendments › Section 57A-11-107 - Transition provisions as to priorities.

57A-11-107. Transition provisions as to priorities.
Except as otherwise provided in this chapter, Title 57A shall apply to any questions of priority if the positions of the parties were fixed prior to July 1, 1983. In other cases questions of priority shall be determined by this 1983 Act.
Source:
SDCL, §57A-11-107, enacted by SL 1982, ch 347, §38; SL 1983, ch 367, §7.
2023 South Dakota Codified Laws › Title 57A - Uniform Commercial Code › Chapter 11 - Effective Date And Transition Provisions For 1983 Amendments › Section 57A-11-108 - Presumption that rule of law continues unchanged.

57A-11-108. Presumption that rule of law continues unchanged.
Unless a change in law has clearly been made, the provisions of this 1983 Act shall be deemed declaratory of the meaning of Title 57A.
Source:
SDCL, §57A-11-108, enacted by SL 1982, ch 347, §38; SL 1983, ch 367, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-3.1 - Application to business including medical, surgical, or hospital care benefits.

58-1-3.1. Application to business including medical, surgical, or hospital care benefits.
Notwithstanding any other provision of law, any person, trust, or other entity transacting the business of insurance within this state shall comply with the applicable provisions of the Insurance Code, unless specifically exempted by §58-1-3, when the business transacted includes benefits for medical, surgical, or hospital care, whether the coverage is by direct payment, reimbursement, or otherwise.
Source:
SL 1983, ch 370, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-3.2 - Direct response and mass marketing as insurance transaction.

58-1-3.2. Direct response and mass marketing as insurance transaction.
The Division of Insurance may regulate a person, trust, or other entity using direct response or mass market advertising within this state regardless of the source of the direct response or mass marketing advertisement if the advertisement is intended to place insurance within the state.
Source:
SL 1983, ch 370, §3; SL 2001, ch 286, §57.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-3.3 - Health care sharing ministries exempt from title.

58-1-3.3. Health care sharing ministries exempt from title.
A health care sharing ministry may not be considered to be engaging in the business of insurance under Title 58.
For purposes of this section, a health care sharing ministry is a faith-based, nonprofit organization that is tax exempt under the Internal Revenue Code and:
(1)Limits its participants to those who are of a similar faith;
(2)Acts as a facilitator among participants who have financial or medical needs and matches those participants with other participants with the present ability to assist those with financial or medical needs in accordance with criteria established by the health care sharing ministry;
(3)Provides for the financial or medical needs of a participant through contributions from one participant to another;
(4)Provides amounts that participants may contribute with no assumption of risk or promise to pay among the participants and no assumption of risk or promise to pay by the health care sharing ministry to the participants;
(5)Provides a written monthly statement to all participants that lists the total dollar amount of qualified needs submitted to the health care sharing ministry, as well as the amount actually published or assigned to participants for their contribution; and
(6)Provides a written disclaimer on or accompanying all applications and guideline materials distributed by or on behalf of the organization that reads, in substance:
"Notice: The organization facilitating the sharing of medical expenses is not an insurance company, and neither its guidelines nor plan of operation is an insurance policy. Whether anyone chooses to assist you with your medical bills will be totally voluntary because no other participant will be compelled by law to contribute toward your medical bills. As such, participation in the organization or a subscription to any of its documents should never be considered to be insurance. Regardless of whether you receive any payments for medical expenses or whether this organization continues to operate, you are always personally responsible for the payment of your own medical bills."
Source:
SL 2012, ch 240, §§1, 2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-3.4 - Health benefit plan--Agricultural organization--Exemption.

58-1-3.4. Health benefit plan--Agricultural organization--Exemption.
A health benefit plan is not insurance and is not subject to this title, if:
(1)The plan provides health benefits under a self-funded arrangement, administered by an entity licensed as a third-party administrator in accordance with chapter 58-29D; and
(2)The plan is sponsored by a nonprofit agricultural organization that:
(a)Is domiciled in this state;
(b)Was created primarily to promote programs for the development of rural communities and the economic stability and sustainability of farmers in this state, as shown by its articles of incorporation;
(c)Has been in existence for at least twenty-five continuous years, prior to the issuance of health benefits to members of the organization;
(d)Provides membership opportunities for eligible persons in each county;
(e)Collects annual dues from the members;
(f)Holds regular meetings to further the purposes of the members;
(g)Provides the members with representation on the governing board and committees; and
(h)Contracts with the third-party administrator, referenced in this section, for administration of the health benefit plan.
A health benefit plan described in this section may be sold or solicited only by an insurance producer who is both appointed by an organization meeting the requirements of this section and licensed as an insurance provider to sell or solicit health insurance in accordance with chapter 58-30.
Before providing health benefits under a self-funded plan, as authorized by this section, an organization shall file a certification with the Division of Insurance, at the time and in the manner directed by the division, verifying that the organization meets the requirements of this section.
The risk assumed by a health benefit plan under such health care benefit coverage must be reinsured by a company authorized to do business in this state. The company providing reinsurance coverage to the plan shall annually file, at the time and in the manner directed by the division, any risk distribution arrangements entered into between the plan and the reinsurance carrier and a signed, certified actuarial statement of plan reserves and the existence of reinsurance coverage.
Any health benefit plan application for coverage and any contract provided to a member must prominently state that the health benefit plan is not insurance, that the plan is not provided by an insurance company, that the plan is not subject to the laws and rules governing insurance, and that the plan is not subject to the jurisdiction of the division.
Source:
SL 2021, ch 208, § 1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-4 - Particular provisions prevail.

58-1-4. Particular provisions prevail.
Provisions of this title relative to a particular kind of insurance or a particular type of insurer or to a particular matter shall prevail over provisions relating to insurance in general or insurers in general or to such matter in general.
Source:
SL 1966, ch 111, ch 1, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-5 - Compliance required.

58-1-5. Compliance required.
No person shall engage in or transact an insurance business in South Dakota, or act relative to a subject of insurance resident, located or to be performed in South Dakota, without complying with the applicable provisions of this title.
Source:
SL 1966, ch 111, ch 1, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-7 - Local licenses and taxes prohibited.

58-1-7. Local licenses and taxes prohibited.
No county or first or second class municipality of this state may require that any insurer, or any insurance producer obtain a certificate of authority or license to transact an insurance business in such county or municipality; and no county or municipality may levy any occupational tax or fee for transacting any such business. This section does not preempt or prevent the taxation and regulation of persons engaged in the bail bond business other than corporate sureties and their agents who are required to qualify and be licensed by the provisions of this title.
Source:
SL 1966, ch 111, ch 1, §4; SL 1992, ch 60, §2; SL 2001, ch 286, §58.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-9 - Existing certificates of authority--Renewal, suspension, revocation, or termination.

58-1-9. Existing certificates of authority--Renewal, suspension, revocation, or termination.
Every certificate of authority of an insurer in force immediately prior to July 1, 1966, and existing under any law repealed by chapter 111 of the Session Laws of 1966, shall be subject to renewal, suspension, revocation, or termination as though originally issued under this title.
Source:
SL 1966, ch 111, ch 1, §8.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-10 - Existing licenses--Renewal, suspension, revocation or termination.

58-1-10. Existing licenses--Renewal, suspension, revocation or termination.
Every license of an insurance producer in force immediately prior to July 1, 1966, and existing under any law herein repealed by chapter 111 of the Session Laws of 1966, shall be subject to renewal, suspension, revocation, or termination as though originally issued under this title.
Source:
SL 1966, ch 111, ch 1, §9; SL 2001, ch 286, §59.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-11 - General saving clause.

58-1-11. General saving clause.
Enactment of this title shall not impair or affect any act done, offense committed or right accruing, accrued, or acquired, or liability, penalty, forfeiture, or punishment incurred prior to July 1, 1966, but the same may be enjoyed, asserted, enforced, prosecuted, or inflicted, as fully and to the same extent as if this enactment had not been passed.
Source:
SL 1966, ch 111, ch 1, §10.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-13 - Severability of provisions.

58-1-13. Severability of provisions.
If any provision of this title or the application thereof to any person or circumstance is held invalid for any reason, such invalidity shall not affect the other provisions of this title or any other application which can be given effect without the invalid provision or application, and to this end, all provisions of this title are declared to be severable.
Source:
SL 1966, ch 111, ch 1, §7.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-14 - Notice of nonrenewal of policy must be mailed sixty days prior to renewal date--Exceptions.

58-1-14. Notice of nonrenewal of policy must be mailed sixty days prior to renewal date--Exceptions.
Notice of refusal to renew an insurance policy as defined in §§58-9-5 to 58-9-30, inclusive, 58-9-32 and 58-9-33 is not effective unless mailed or delivered by the insurer to the named insured at least sixty days before the effective renewal date. The policy provisions control if the policy provides for a notice of refusal to renew that exceeds sixty days. This section does not apply to the cancellation and nonrenewal of automobile policies or coverages as defined in §58-11-45 or to a policy of homeowner's insurance. This section also does not apply to any other personal lines policy. A notice of refusal to renew any other personal lines policy is not effective unless mailed or delivered by the insurer to the named insured at least thirty days before the effective renewal date. A notice of nonrenewal is not required if the policyholder is transferred to an insurer that is a member of the same insurance group as the previous insurer and notice of such transfer is given in the form adopted by rule by the Division of Insurance pursuant to chapter 1-26.
Source:
SL 1983, ch 372, §1; SL 1985, ch 384; SL 1986, ch 414, §§1, 2; SL 2001, ch 264, §1; SL 2002, ch 228, §1; SL 2003, ch 244, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-14.1 - Notice of refusal to renew--Thirty-day delivery requirement--Exception.

58-1-14.1. Notice of refusal to renew--Thirty-day delivery requirement--Exception.
Notice of refusal to renew an insurance policy as defined in §58-9-31 is not effective unless mailed or delivered by the insurer to the named insured at least thirty days before the effective renewal date. The policy provisions control if the policy provides for a notice of refusal to renew that exceeds thirty days.
Source:
SL 2003, ch 244, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-15 - "Homeowner's insurance policy" defined--Notice of nonrenewal to policyholder required--Timing of notice--Exception.

58-1-15. Homeowner's insurance policy defined--Notice of nonrenewal to policyholder required--Timing of notice--Exception.
Notice of refusal to renew, as provided in §58-1-14, does not apply to a homeowner's insurance policy which shall for the purposes of §58-1-14 mean a policy normally written by the insurer as a standard homeowner's package policy or as a standard residential renter's package policy or homeowner's multiple peril policy. However, notice of refusal to renew a homeowner's insurance policy is not effective unless mailed or delivered by the insurer to the named insured at least thirty days before the effective renewal date. A notice of nonrenewal is not required if the policyholder is transferred to an insurer that is a member of the same insurance group as the previous insurer and notice of such transfer is given in the form adopted by rule by the Division of Insurance pursuant to chapter 1-26.
Source:
SL 1986, ch 414, §4; SL 2001, ch 264, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-16 - Exemption of charitable gift annuity from insurance regulation--Qualified organization.

58-1-16. Exemption of charitable gift annuity from insurance regulation--Qualified organization.
No provision of Title 58 applies to any qualified organization which issues a charitable gift annuity within this state if the qualified organization has operated for a period of ten years and has a minimum of five hundred thousand dollars in unrestricted cash, cash equivalents, or publicly traded securities, exclusive of the assets funding the annuity agreement as of the date of the annuity agreement. For the purposes of this section, a charitable gift annuity means a giving plan or method by which a gift of cash or other property is made to a qualified organization in exchange for its agreement to pay an annuity. For the purposes of this section, a qualified organization means an organization which is either domiciled in South Dakota and has its principal place of business in South Dakota or is qualified to do business in South Dakota as a foreign corporation, and which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code as a charitable organization and regularly files a copy of Federal Form 990 in the Office of the Attorney General or is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code as a religious organization or is exempt as a publicly owned or nonprofit, privately endowed educational institution approved, accredited, or licensed by the South Dakota Board of Education Standards, the north central association of colleges and schools, or an equivalent public authority of the jurisdiction where the institution is located.
Source:
SL 1994, ch 370, §1; SL 2001, ch 265, §1; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-16.1 - Applicability of §58-1-16.

58-1-16.1. Applicability of §58-1-16.
The provisions of §58-1-16 do not apply to any qualified organization that met the requirements of §58-1-16 and issued any charitable gift annuity prior to July 1, 2001.
Source:
SL 2001, ch 265, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-17 - Disclosure statement for issuance of charitable gift annuity.

58-1-17. Disclosure statement for issuance of charitable gift annuity.
Any qualified organization which issues a charitable gift annuity shall include on its promotional literature and the charitable gift annuity the following disclosure statement in ten point bold type or larger: "Charitable gift annuities are not regulated by and are not under the jurisdiction of the South Dakota Division of Insurance."
Source:
SL 1994, ch 370, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-19 - Health benefit plans to issue uniform prescription drug information card--Exception--Director to prescribe format and contents.

58-1-19. Health benefit plans to issue uniform prescription drug information card--Exception--Director to prescribe format and contents.
Any health benefit plan that provides coverage for prescription drugs or devices on an outpatient basis, or administers such a plan, including third-party administrators for self-insured plans and state-administered plans, shall issue to its primary insured a card or other technology containing uniform prescription drug information. The director of the Division of Insurance shall prescribe the format and elements of information for the uniform prescription drug information card or technology and shall consider the format and elements of information approved by the National Council for Prescription Drug Programs (NCPDP) and the required and conditional or situational fields and the most recent pharmacy identification card or technology implementation guide produced by NCPDP. A health benefit plan is not required to issue a pharmacy identification card separate from another identification card issued to an insured under the health benefit plan if the identification card contains the elements of information required by the Division of Insurance.
Source:
SL 2001, ch 266, §1.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-20 - Prescription drug information card to be issued upon enrollment--Reissuance.

58-1-20. Prescription drug information card to be issued upon enrollment--Reissuance.
A health benefit plan shall issue a card or other technology required by §58-1-19 upon enrollment. The card or technology shall be reissued upon any change in the insured's coverage that impacts data contained on the card or upon any change in the format adopted by the director of the Division of Insurance. However, the health benefit plan is not required to issue a new card or technology more often than once each calendar year. Newly issued cards or technology shall be updated with the latest coverage information and the director of the Division of Insurance shall consider the NCPDP standards then in effect and the implementation guide then in use.
Source:
SL 2001, ch 266, §2.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-21 - "Health benefit plan" defined for purposes of §§58-1-19 to 58-1-23.

58-1-21. Health benefit plan defined for purposes of §§58-1-19 to 58-1-23.
As used in §§58-1-19 to 58-1-23, inclusive, the term, health benefit plan, means an accident and health insurance policy or certificate; a nonprofit hospital or medical service corporation contract; a health maintenance organization subscriber contract; a plan provided by a multiple employer welfare arrangement; or a plan provided by another benefit arrangement, to the extent permitted by the Employee Retirement Income Security Act of 1974, as amended to January 1, 2001, or by any waiver of or other exception to that act provided under federal law or regulation. The term does not apply to any plan, policy, or contract that provides coverage only for:
(1)Accident;
(2)Credit;
(3)Disability income;
(4)Specified disease;
(5)Dental;
(6)Vision;
(7)Coverage issued as a supplement to liability insurance;
(8)Medical payments under automobile or homeowners;
(9)Insurance under which benefits are payable with or without regard to fault and that is statutorily required to be contained in any liability policy or equivalent self-insurance;
(10)Hospital income or indemnity;
(11)Long-term care; and
(12)Medicare supplement.
Source:
SL 2001, ch 266, §3.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-22 - Applicability of §§58-1-19 to 58-1-23.

58-1-22. Applicability of §§58-1-19 to 58-1-23.
Sections 58-1-19 to 58-1-23, inclusive, applies to health benefit plans that are delivered, issued for delivery, or renewed on and after July 1, 2002. For purposes of §§58-1-19 to 58-1-23, inclusive, renewal of a health benefit policy, contract, or plan is presumed to occur on each anniversary of the date on which coverage was first effective on the person or persons covered by the health benefit plan.
Source:
SL 2001, ch 266, §4.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-23 - Director to enforce provisions--Promulgation of rules.

58-1-23. Director to enforce provisions--Promulgation of rules.
The director of insurance shall enforce the provisions of §§58-1-19 to 58-1-23, inclusive. The director of insurance may promulgate rules pursuant to chapter 1-26 to establish the format and elements of information for the uniform information card or technology to be used in the state following the standards established in §§58-1-19 and 58-1-20.
Source:
SL 2001, ch 266, §5.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-24 - Definitions related to genetic testing.

58-1-24. Definitions related to genetic testing.
Terms used in §§58-1-25, 58-1-25.1, and 58-18-87 mean:
(1)"Genetic information," hereditary information obtained from an individual's genetic test or a genetic test of a family member. The term includes hereditary information obtained from genetic services and participation in genetic research, including any request for or receipt of genetic services or participation by an individual or family member in clinical research that includes genetic services. The term does not include information about an individual's sex or age;
(2)"Genetic test," an analysis of human DNA, RNA, chromosomes, proteins, or metabolites that detects genotypes, mutations, or chromosomal changes. Genetic test does not mean a routine physical measurement; a chemical, blood, or urine analysis; a test for drugs or HIV infection; or any test performed due to the presence of signs, symptoms, or other manifestations of a disease, illness, impairment, or other disorder;
(3)"Health carrier," any person who provides health insurance in this state. The term includes a licensed insurance company, a prepaid hospital or medical service plan, a health maintenance organization, a multiple employer welfare arrangement, a fraternal benefit contract, or any person providing a plan of health insurance subject to state insurance regulation;
(4)"Health insurance," insurance provided pursuant to chapters 58-17 (except disability income insurance), 58-17F, 58-17G, 58-17H, 58-17I, 58-18 (except disability income insurance), 58-18B, 58-38, 58-40, and 58-41;
(5)"Individual," an applicant for coverage or a person already covered by a health carrier;
(6)"Life insurer," an entity subject to regulation under chapter 58-15 or otherwise issuing contracts of life insurance and annuities under chapter 58-15;
(7)"Long-term care insurer," an insurer that issues long-term care insurance policies pursuant to chapter 58-17B.
Source:
SL 2001, ch 267, §1; SL 2011, ch 219, §95; SL 2021, ch 209, § 1, eff. Jan. 1, 2022.
2023 South Dakota Codified Laws › Title 58 - Insurance › Chapter 01 - Definitions And General Provisions › Section 58-1-25 - Use of genetic tests in offer, sale, or renewal of insurance prohibited.

58-1-25. Use of genetic tests in offer, sale, or renewal of insurance prohibited.
No health carrier, life insurer, or long-term care insurer, in determining eligibility for coverage, establishing premiums, limiting coverage, renewing coverage, or any other underwriting decision, may, in connection with the offer, sale, or renewal of insurance:
(1)Require or request an individual or a blood relative of the individual to take a genetic test; or
(2)Take into consideration the fact that a genetic test was refused by an individual or a blood relative of the individual.
Source:
SL 2001, ch 267, §2; SL 2021, ch 209, § 2, eff. Jan. 1, 2022.