South Dakota Code — 58
Browse 3,434 sections in division 58 of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 58-1-1. Citation of title.
- § 58-1-2. Definition of terms.
- § 58-1-3. Exemption from title of certain entities and transactions.
- § 58-1-3.1. Application to business including medical, surgical, or hospital care benefits.
- § 58-1-3.2. Direct response and mass marketing as insurance transaction.
- § 58-1-3.3. Health care sharing ministries exempt from title.
- § 58-1-3.4. Health benefit plan--Agricultural organization--Exemption.
- § 58-1-4. Particular provisions prevail.
- § 58-1-5. Compliance required.
- § 58-1-7. Local licenses and taxes prohibited.
- § 58-1-9. Existing certificates of authority--Renewal, suspension, revocation, or termination.
- § 58-1-10. Existing licenses--Renewal, suspension, revocation or termination.
- § 58-1-11. General saving clause.
- § 58-1-12. Applicability of title under unrepealed laws.
- § 58-1-13. Severability of provisions.
- § 58-1-14. Notice of nonrenewal of policy must be mailed sixty days prior to renewal date--Exceptions.
- § 58-1-14.1. Notice of refusal to renew--Thirty-day delivery requirement--Exception.
- § 58-1-15. "Homeowner's insurance policy" defined--Notice of nonrenewal to policyholder required--Timing of notice--Exception.
- § 58-1-16. Exemption of charitable gift annuity from insurance regulation--Qualified organization.
- § 58-1-16.1. Applicability of § 58-1-16.
- § 58-1-17. Disclosure statement for issuance of charitable gift annuity.
- § 58-1-19. Health benefit plans to issue uniform prescription drug information card--Exception--Director to prescribe format and contents.
- § 58-1-20. Prescription drug information card to be issued upon enrollment--Reissuance.
- § 58-1-21. "Health benefit plan" defined for purposes of §§ 58-1-19 to 58-1-23.
- § 58-1-22. Applicability of §§ 58-1-19 to 58-1-23.
- § 58-1-23. Director to enforce provisions--Promulgation of rules.
- § 58-1-24. Definitions related to genetic testing.
- § 58-1-25. Use of genetic tests in offer, sale, or renewal of insurance prohibited.
- § 58-1-25.1. Sharing of genetic information prohibited--Health carrier, life insurer, long-term care insurer.
- § 58-1-26. Retention of records.
- § 58-1-27. Transmission of electronic documents--Definitions.
- § 58-1-28. Transmission and storage of electronic documents permitted.
- § 58-1-29. Delivery by electronic transmission equivalent to other delivery methods.
- § 58-1-30. Conditions for transmission of electronic documents.
- § 58-1-30.1. Transmission of electronic documents--Consent by sponsor or policyholder.
- § 58-1-30.2. Transmission of electronic documents--Requirements for effective consent.
- § 58-1-30.3. Transmission of electronic documents by consent--Paper notification.
- § 58-1-30.4. Transmission of electronic documents by consent--Notice of document by electronic means.
- § 58-1-31. Content and timing requirements unaffected.
- § 58-1-32. Verification or acknowledgment of receipt.
- § 58-1-33. Effect of failure to obtain electronic consent or confirmation.
- § 58-1-34. Withdrawal of consent.
- § 58-1-35. Documents delivered electronically before July 1, 2014.
- § 58-1-36. Notice to parties consenting to electronic transmission before July 1, 2014.
- § 58-1-37. Oral communications and recordings--Electronic signatures.
- § 58-1-38. Conditions for posting property and casualty policy or endorsement on insurer's website.
- § 58-1-39. Products and documents to which §§ 58-1-27 to 58-1-39 apply.
- § 58-1-40. English version of policy controls--Transactions in another language permitted.
- § 58-1-41. Policies and advertising in language other than English permitted.
- § 58-1-42. Statement attesting that policy in language other than English is translation of policy approved by division.
- § 58-1-43. Policy statement that dispute resolved by English version.
- § 58-1-44. Unfair trade provisions not abrogated.
- § 58-1-45. Alternative delivery method for policies--Record.
- § 58-1-46. Living organ donors--Insurer limitation, declination restricted.
- § 58-2-1.1. Division within Department of Labor and Regulation--Direction and supervision by department--Independent functions retained by division.
- § 58-2-2.1. Appointment of director--Removal.
- § 58-2-3. Qualifications of director.
- § 58-2-9. Legal adviser to division--Employment--Duties.
- § 58-2-10. Actuaries--Employment by department--Duties.
- § 58-2-11. Examiners for examination of insurers and others--Employment by department.
- § 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.
- § 58-2-13. Chief clerk and employees--Appointment.
- § 58-2-14. Division personnel--Termination of employment by department.
- § 58-2-15. Actuarial, technical, or other professional services--Department authorized to contract for on a fee or part-time basis.
- § 58-2-16. Technical or professional personnel--Bond required, amount, approval and filing, payment of premium.
- § 58-2-17. Compensation of personnel.
- § 58-2-18. Additional compensation for services rendered by personnel prohibited--Misdemeanor.
- § 58-2-19. Interests of personnel in insurance transactions prohibited--Misdemeanor.
- § 58-2-20. Procurement of loan secured by mortgage on real estate permitted to division personnel.
- § 58-2-21. Enforcement of provisions of this title.
- § 58-2-22. Power and authority of director--Examinations and investigations.
- § 58-2-23. Additional powers and duties of director provided by other laws.
- § 58-2-24. Delegation of powers by director.
- § 58-2-26. Records--Keeping by director--Public inspection.
- § 58-2-27. Director's certificate of authority--Evidence.
- § 58-2-28. Certified copies of records in office of director as evidence.
- § 58-2-29. Fees, licenses, and charges--Collection by director in advance.
- § 58-2-30. Disposition of money received by director.
- § 58-2-39. Promulgation of rules regarding definitions, enrollment, disclosure, notice, claims, and records.
- § 58-2-40. Promulgation of rules to protect privacy of medical records.
- § 58-2-41. Promulgation of rules to protect privacy of personal nonpublic financial information--Applicability--Construction.
- § 58-3-1. Examination of insurers--Scope.
- § 58-3-1.1. "Company" defined.
- § 58-3-2. Examination of alien insurer--Limited extent.
- § 58-3-3. Applicant for initial certificate of authority to do insurance business in state--Examination by director.
- § 58-3-3.1. Examination assessment fee--Insurance examination fund established for proceeds.
- § 58-3-3.2. Payments from insurance examination fund.
- § 58-3-3.3. Reimbursement to agents involved with insurance examinations--Insurer reimbursements.
- § 58-3-3.4. Application of examination fund to farm mutual insurers and captive insurance companies.
- § 58-3-4. Examination of foreign or alien insurer or rating organization by insurance supervisory official of another state--Examination by director unnecessary--Accreditation of examiner.
- § 58-3-5. Examination of agents, managers, and promoters.
- § 58-3-6. Place where examination conducted.
- § 58-3-7. Information to be available--Cooperation of persons being examined.
- § 58-3-7.1. Observance of guidelines and procedures by examiner.
- § 58-3-7.2. Penalty upon refusal to submit to examination--Suspension, refusal of, or nonrenewal of, license.
- § 58-3-7.3. Examination under oath--Authority of director or examiner.
- § 58-3-7.4. Insurer's claim files subject to examination--File maintenance requirements.
- § 58-3-8. Examination disclosing inadequate records--Correction of accounts.
- § 58-3-9. Valuation of real estate involved in examination--Appraisers, appointment, prompt appraisal, report--Expense of appraisal, liability of person examined.
- § 58-3-10. Examination reports required.
- § 58-3-11. Contents of examination reports.
- § 58-3-12. Examination reports--Copy to company examined--Review by director--Order.
- § 58-3-12.1. Examinations other than financial examinations--Examination report--Optional or mandatory.
- § 58-3-12.2. Market conduct examination--Draft examination report.
- § 58-3-12.3. Draft examination report not governed by §§ 58-3-10 to 58-3-18.
- § 58-3-12.4. Confidentiality of draft examination report.
- § 58-3-13. Filed examination report admissible in evidence.
- § 58-3-14. Withholding of report from public inspection.
- § 58-3-15. Expenses of examination paid by person examined.
- § 58-3-17. Order adopting examination report as final decision--Service--Affidavit of receipt.
- § 58-3-18. Confidential investigative hearing--Inconsistencies in examination report.
- § 58-3-19. Conducting hearing--Discovery.
- § 58-3-20. Use of information discovered during examination for legal or regulatory action.
- § 58-3-21. Disclosure of contents of examination report to insurance department or law enforcement agencies--Confidentiality.
- § 58-3-22. Confidentiality of disclosed information--Exceptions--Access by National Association of Insurance Commissioners.
- § 58-3-23. Preclusion of examiner--Grounds.
- § 58-3-24. Liability of director or examiner--Liability for communicating or delivering information--Intent.
- § 58-3-25. Implementation of examination report's recommendations.
- § 58-3-26. Promulgation of rules for examination.
- § 58-3-27. Application of chapter.
- § 58-4-5. Enforcement proceedings instituted by director.
- § 58-4-6. Proceedings instituted by director--Legal representation.
- § 58-4-7. Cease and desist order to prevent violations of title--Injunction.
- § 58-4-9. Hearings by director--Purpose.
- § 58-4-15. Orders and notices of director required to be in writing--Signature.
- § 58-4-16. Order of director--Effective date--Contents.
- § 58-4-17. Service of orders and notices of director.
- § 58-4-18. Prosecution of action for enforcement of director's order.
- § 58-4-25. Formal rules of pleading or evidence not observed at director's hearing.
- § 58-4-28.1. Money penalty in lieu of license suspension or other action--Hearing.
- § 58-4-39. Standards for determining hazardous financial condition.
- § 58-4-40. Authority of director in determining insurer's financial condition.
- § 58-4-41. Director's order to hazardous insurer.
- § 58-4-42. Hearings on director's orders.
- § 58-4-43. Application of hazardous insurer provisions.
- § 58-4-44. Investigation of insurance business--Withholding report from public inspection--Timely completion--Notice of closing investigation or final action.
- § 58-4-45. Confidentiality of certain documents.
- § 58-4-46. Liability for release of information.
- § 58-4-47. Sharing and use of confidential information with other regulatory officials--Cooperation with National Association of Insurance Commissioners.
- § 58-4-48. Minimum levels of risk-based capital required--Administrative rules.
- § 58-4-49. Disclosure of status, existence, or outcome of investigation or examination.
- § 58-4-50. Definitions.
- § 58-4-51. Confidentiality of list of premium taxpayers--Violation as misdemeanor.
- § 58-4-52. Confidentiality of premium tax return and return information--Violation as misdemeanor.
- § 58-4-53. Disclosure of premium tax return and information to taxpayer.
- § 58-4-54. Disclosure of premium tax return and return information in judicial or administrative proceeding.
- § 58-4A-1. Definition of terms.
- § 58-4A-2. Fraudulent insurance acts--Certain violations as misdemeanor--Certain violations as felony.
- § 58-4A-3. Powers of insurance fraud prevention unit.
- § 58-4A-4. Insurance fraud prevention unit--Purpose--Composition.
- § 58-4A-5. Criminal and civil prosecutions--Unit attorney appointed assistant attorney general--Costs of prosecution.
- § 58-4A-6. Unit investigators--Qualifications--Powers--Costs of investigation.
- § 58-4A-7. Civil penalties--Disposition of penalties collected--Civil action in lieu of criminal prosecution.
- § 58-4A-8. Operational costs of unit.
- § 58-4A-9. Expenses recoverable--Disposition of recovered costs--Compensation to person in interest.
- § 58-4A-10. Consent agreement not prohibited.
- § 58-4A-11. Unit governed by chapter.
- § 58-4A-12. Records and files confidential--Investigator not subject to subpoena in civil matter--Exceptions.
- § 58-4A-13. Immunity for persons furnishing information in good faith--Costs assessed against person acting not in good faith--Other privileges and immunities not abrogated.
- § 58-4A-14. Insurance fraud prevention unit fund--Assessment of insurers--Conditions--Failure to pay as grounds for administrative action.
- § 58-4A-15. Limitations of chapter.
- § 58-4A-16. Annual report to Legislature--Contents.
- § 58-4A-17. Insurer to reevaluate rates for possible reduction in light of impact of fraud prevention.
- § 58-5-1. Scope of chapter.
- § 58-5-2. "Stock" insurer defined.
- § 58-5-3. "Mutual" insurer defined.
- § 58-5-4. Applicability of corporation laws.
- § 58-5-5. Incorporation of stock and mutual insurers.
- § 58-5-6. Incorporators--Number and qualifications.
- § 58-5-6.1. Domestication of foreign company--Requirements and procedure.
- § 58-5-7. Articles of incorporation--Execution and acknowledgment--Contents.
- § 58-5-8. Articles of incorporation delivered to director with filing fees--Examination and approval by attorney general, return to director.
- § 58-5-9. Distribution of copies of approved articles.
- § 58-5-10. Disapproval of articles by attorney general--Statement of reasons--Returned to incorporators.
- § 58-5-11. Amendment of articles of incorporation--Submission and filing.
- § 58-5-12. Bond required of mutual insurer before soliciting applications for insurance--Filing by incorporators--Amount, conditions.
- § 58-5-13. Deposit by incorporators of mutual insurer in lieu of bond--Amount.
- § 58-5-14. Duration of bond or deposit by mutual insurer.
- § 58-5-15. Commencement of solicitation by mutual insurer.
- § 58-5-16. Temporary insurance producer's licenses for solicitation of applications for mutual insurance--Issuance by director.
- § 58-5-17. Applications for mutual insurance--Signature by applicant, coverage.
- § 58-5-18. Applications for mutual insurance--Contents.
- § 58-5-19. Trust deposit of premiums or fees collected by mutual insurer on qualifying applications.
- § 58-5-20. Transaction of business without certificate of authority as misdemeanor.
- § 58-5-21. Insurance applications and surplus required for original certificate of authority to domestic mutual insurer.
- § 58-5-22. Expendable surplus funds required of domestic mutual insurer.
- § 58-5-23. Determination by director as to weight to be given to insurance plans.
- § 58-5-24. Cessation of corporate powers upon failure of mutual insurer to secure certificate of authority--Return of trust deposit.
- § 58-5-25. Issuance of certificate of authority to domestic mutual insurer--Funds in trust deposit become funds of insurer--Delivery of policies--Effective date of policies.
- § 58-5-26. Authorization of domestic mutual insurer to transact additional kinds of insurance.
- § 58-5-27. Membership of policyholders in domestic mutual insurer--Reinsurance contract excepted.
- § 58-5-28. Eligibility to membership in domestic, foreign, or alien mutual insurer.
- § 58-5-29. Contingent liability of members of mutual insurer--Exception.
- § 58-5-30. Contingent liability of member of mutual insurer not terminated by termination of policy.
- § 58-5-31. Unrealized contingent liability of members of mutual not an asset of insurer.
- § 58-5-32. Levy of assessment by mutual insurer for contingent liability.
- § 58-5-33. Amount of assessment by mutual insurer.
- § 58-5-34. Computation of assessment levied by mutual insurer.
- § 58-5-35. Offsets not allowed against assessment by mutual insurer.
- § 58-5-36. Lien of mutual insurer for levy of assessment for contingent liability.
- § 58-5-37. Extinguishment of contingent liability--Issuance of nonassessable policies--Revocation of authority.
- § 58-5-38. Extinguishment of contingent liability must apply to all members and policies.
- § 58-5-39. Bylaws of domestic mutual insurer--Adoption, modification, and revocation.
- § 58-5-40. Meetings of members of domestic mutual insurer--Time, notice, quorum, and conduct.
- § 58-5-41. Voting rights of members of domestic mutual insurer.
- § 58-5-42. Directors of domestic mutual insurer--Number, qualifications, election, terms of office, and powers.
- § 58-5-43. Officers of domestic mutual insurer--Number, designation, election, and terms of office--Powers and duties.
- § 58-5-44. Funds of domestic mutual insurer--Deposit, custody, disbursement, and accounting.
- § 58-5-45. Management of domestic mutual insurer.
- § 58-5-46. Certified copy of bylaws and amendments of domestic mutual insurer filed with director--Disapproval by director, grounds.
- § 58-5-47. Bylaws of domestic stock insurer--Adoption, modification, and revocation.
- § 58-5-48. Bylaws of domestic stock insurer subject to approval of director.
- § 58-5-49. Equity securities of domestic stock insurer--Rules and regulations as to solicitation of proxies, consents, and authorities--Adoption and promulgation.
- § 58-5-50. Annual meetings of stockholders or members--Election of directors--Reports of officers of insurer as to affairs--Transaction of other business--Notice of meeting.
- § 58-5-51. Special meetings of stockholders or members--Calling by board of directors--Notice.
- § 58-5-52. Special meetings of stockholders or members called by secretary on request of directors, stockholders, or members--Failure of secretary to issue call.
- § 58-5-53. Stockholder or member compelling board of directors to call annual meeting.
- § 58-5-54. Place for holding meetings of stockholders or members--Waiver.
- § 58-5-55. Meetings of stockholders or members--Organization for transaction of business, quorum required.
- § 58-5-56. Amendment of articles of incorporation at meeting of stockholders or members--Notice of meeting.
- § 58-5-57. Reduction of capital of stock insurer--Disapproval by director, grounds.
- § 58-5-58. Directors of domestic insurer--Number--Management of affairs of insurer.
- § 58-5-59. Election of directors of domestic insurer--Qualifications.
- § 58-5-60. Directors of domestic insurer--Terms of office.
- § 58-5-61. Pecuniary interest of officer, director, committee member, or employee of domestic insurer in transactions with insurer prohibited--Misdemeanor.
- § 58-5-62. Guarantee by insurer of any financial obligation of its officers, directors, stockholders, or members prohibited.
- § 58-5-63. Policy holding not a prohibited pecuniary interest.
- § 58-5-64. Stock ownership not a prohibited pecuniary interest.
- § 58-5-65. Other permitted pecuniary interest of director, officer, or employee of insurer.
- § 58-5-66. Compensation of officers and employees of domestic insurer.
- § 58-5-67. Pensions to officers and directors of domestic insurers.
- § 58-5-68. "Equity security" defined.
- § 58-5-69. Statement of ownership of insurance company filed with director--Change of ownership, time for statement.
- § 58-5-70. Short sales by insider as misdemeanor--Delivery of securities sold, when required.
- § 58-5-71. Profits from insider security transactions accruing to company.
- § 58-5-72. Suit to recover insider profits accruing to company.
- § 58-5-73. Exemption from insider trading restrictions.
- § 58-5-74. Registered and closely held securities exempt from insider trading restrictions.
- § 58-5-75. Brokers and market specialists exempt from insider trading restrictions.
- § 58-5-76. Arbitrage transactions exempt from insider trading restrictions.
- § 58-5-77. Rules and regulations on insider trading.
- § 58-5-78. Nonliability for insider trading acts in good faith in conformity with rule or regulation.
- § 58-5-79. Management of domestic insurers during national emergency--Continuity, means for facilitating.
- § 58-5-80. Bylaws to cover management during national emergency.
- § 58-5-81. Quorum of directors during national emergency--Filling vacancies in board.
- § 58-5-82. Vice-presidents acting as directors during national emergency--Insufficient number of vice-presidents, appointment of directors by insurance director.
- § 58-5-83. Succession to office during national emergency.
- § 58-5-84. Principal place of business during national emergency.
- § 58-5-85. Domestic insurers--Management and exclusive agency contracts, filing with and approval by director--Violation as misdemeanor.
- § 58-5-86. Domestic insurer--Management and exclusive agency contracts, disapproval by director, grounds.
- § 58-5-87. Domestic insurer--Management and exclusive agency contracts, time for disapproval by director--Disapproval in writing, statement of grounds.
- § 58-5-88. Repealed by SL 2012, ch 252, §§ 32 to 36.
- § 58-5-93. Location of home office and principal place of business of domestic insurers--Records maintained.
- § 58-5-94. Assets of domestic insurer to be maintained in state--Exceptions.
- § 58-5-95. Director's consent required for removal of records or assets from state--Unauthorized removal or concealment as felony.
- § 58-5-96. Delinquency proceedings by director for removal or attempted removal of records or assets of domestic insurer.
- § 58-5-97. Branch offices established by domestic insurer--Transmission of funds outside state--Deposits under custodial arrangements.
- § 58-5-98. Prior maintenance by domestic insurer of branch or regional place of business or home office outside state not invalidated.
- § 58-5-99. "Reciprocating state" defined.
- § 58-5-100. Solicitation by domestic insurer in reciprocating state in which it has no license prohibited.
- § 58-5-101. Advertising through publications and broadcasts originating outside reciprocating state not prohibited.
- § 58-5-102. Insurance in reciprocating state under contracts issued in state in which licensed not prohibited--Policies issued as an unauthorized insurer permitted under laws of reciprocating state not prohibited.
- § 58-5-103. Suspension or revocation of certificate of authority for violation by domestic insurer.
- § 58-5-104. Participating policies--Issuance authorized by articles of domestic insurer--Nondiscrimination between policyholders.
- § 58-5-105. Continued issuance of participating policies without authorization in articles.
- § 58-5-106. Dividends on participating policies not contingent on renewal premiums.
- § 58-5-107. Participating policyholder as member.
- § 58-5-108. Borrowed surplus of domestic stock or mutual insurer--Agreement to repay, interest.
- § 58-5-109. Approval of loan and agreement by director--Disapproval of proposed loan or agreement, grounds.
- § 58-5-110. Legal liabilities of insurer on borrowed funds--Disclosure in financial statement.
- § 58-5-111. Repayment of loan by domestic insurer.
- § 58-5-112. Provisions as to borrowed surplus inapplicable to loans in ordinary course of business or secured by pledge or mortgage.
- § 58-5-113. Illegal dividends--Revocation or suspension of certificate of authority.
- § 58-5-114. Impairment of capital or surplus of domestic stock or mutual insurer--Determination of amount of deficiency by director--Notice to insurer.
- § 58-5-115. Curing impairment of capital or surplus.
- § 58-5-116. Assessment of stockholders to cure impairment of capital or surplus--Enforcement.
- § 58-5-117. Levy of assessment by mutual insurer to cure deficiency.
- § 58-5-118. Officers and directors permitting new business during impairment of capital or surplus--Liability for losses.
- § 58-5-119. Failure to cure deficiency, insurer deemed insolvent--Delinquency proceedings.
- § 58-5-120. Bulk reinsurance by domestic stock insurer--Agreement, filing with and approval by director.
- § 58-5-121. Approval by director of bulk reinsurance agreement--Disapproval.
- § 58-5-122. Compensation for promoting bulk reinsurance prohibited.
- § 58-5-123. Bulk reinsurance by mutual insurer--Agreement, filing with and approval by director.
- § 58-5-124. Members of domestic mutual insurer voting on bulk insurance, requirement by director--Calling of meeting, notice--Limited rights of members of life insurer to vote.
- § 58-5-125. Bulk reinsurance by domestic mutual insurer in stock insurer--Payments to members.
- § 58-5-126. Approval by director of bulk reinsurance by mutual insurer--Disapproval--Notice.
- § 58-5-127. Compensation for promoting bulk reinsurance by mutual insurer.
- § 58-5-128. Merger or consolidation of stock insurers.
- § 58-5-129. Stock acquisition plan deemed merger--Approval required.
- § 58-5-130. Compensation for promoting merger or consolidation of stock insurers.
- § 58-5-131. Filing and hearing on consolidation or merger plan--Grounds for disapproval.
- § 58-5-132. Participation by other states in hearing on merger or consolidation.
- § 58-5-133. Disapproval of merger or consolidation--Notice to insurer.
- § 58-5-134. Merger or consolidation of mutual insurers--Procedure.
- § 58-5-135. Members of mutual insurer voting on merger or consolidation--Procedure--Limited right of members of life insurer.
- § 58-5-136. Provisions applicable to mutual mergers and consolidations.
- § 58-5-138. Conversion of mutual to stock insurer restricted.
- § 58-5-138.1. Compensation of officer, insurance producer, or employee of converting mutual insurer prohibited.
- § 58-5-139. Liquidation of domestic mutual insurer--Distribution of remaining assets to members.
- § 58-5-140. Distributive share of each member on liquidation of mutual insurer--Classification of policies.