South Dakota § 26-6-37 - Adverse action defined.

§ 26-6-37. Adverse action defined.

For the purposes of §§ 26-6-36 to 26-6-50, inclusive, the term, adverse action, means any action that directly or indirectly adversely affects a child-placement agency or organization seeking to become a child-placement agency, places the child-placement agency or organization in a worse position than it was in before the action was taken, or is likely to deter a child-placement agency or organization from acting or refusing to act. The term includes, without limitation, the following:

(1)    Altering in any way the tax treatment of, or causing any tax, penalty, or payment to be assessed against, or denying, delaying, revoking, or otherwise making unavailable an exemption from taxation;

(2)    Disallowing, denying, or otherwise making unavailable a deduction for state tax purposes of any charitable contribution made to an organization;

(3)    Denying an application for, refusing to renew, or canceling any benefit from a state benefit program or other funding;

(4)    Declining to enter into, refusing to renew, or canceling a contract;

(5)    Declining to issue, refusing to renew, or canceling a license;

(6)    Imposing, levying, or assessing a monetary fine, fee, penalty, damages, award, or injunction;

(7)    Taking any enforcement action;

(8)    Discriminating against an organization in regard to participation in a state benefit program;

(9)    Limiting the ability of a person to engage in child-placement services; or

(10)    Taking any action that materially alters the terms or conditions of funding or a contract or license.

Source: SL 2017, ch 114, § 2.