Title 58, INSURANCE

Each runner's application shall be accompanied by a license fee of thirty dollars and an appointment fee of ten dollars for each bail bondsperson employing the applicant and shall be submitted to the director with each application for a license to serve as a runner, together with…

The applicant for any license under this chapter shall apply in writing, on forms prepared and supplied by the director, and the director may propound any reasonable interrogatories to an applicant for a license under this chapter or on any renewal thereof, relating to the applic…

The failure of the applicant to secure approval of the director shall not preclude him from applying as many times as he desires, but no application shall be considered by the director within one year subsequent to the date upon which the director denied the last application. Sou…

The applicant shall appear in person and take a written examination prepared by the director, testing the applicant's ability and qualifications to be a bail bondsperson or runner. Each examination shall be held at a time and place as designated by the director. Source: SL 1966, …

The fee for such examination shall be ten dollars and shall be submitted with the application. Source: SL 1966, ch 111 , ch 31, § 11.

The failure of an applicant to pass an examination shall not preclude him from taking subsequent examinations; provided, however, that at least one year must intervene between examinations. Source: SL 1966, ch 111 , ch 31, § 11.

All licenses issued shall expire annually on May first unless revoked or suspended prior thereto by the director, or upon notice served upon the director that the insurer or employer of any runner has canceled the licensee's authority to act for such insurer or employer. Source: …

Each and every surety for the release of a person on bail shall be qualified as: (1) An insurer and represented by a surety bondsman or bondsmen; or (2) A professional bondsman properly qualified and approved by the director; or (3) A natural person who has reached the age of twe…

A renewal license shall be issued by the director to a licensee who has continuously maintained a license in effect without further examination, unless deemed necessary by the director, but such license is in all other respects required to comply with and be subject to the provis…

The director may deny, suspend, revoke, or refuse to renew any license issued under this chapter for any of the following causes: (1) For any cause for which issuance of the license could have been refused had it then existed and been known to the director; (2) Violation of any l…

If, after investigation, it shall appear to the satisfaction of the director that a bail bondsman or runner has been guilty of violating any of the laws of this state relating to bail bonds, the director shall, upon ten days' notice in writing to the bail bondsman or runner and t…

If, however, the bail bondsman or runner shall file written answer denying the charges within the time specified, the director shall call a hearing within a reasonable time for the purpose of taking testimony and evidence on any issue of fact made by the charges and answer. The d…

Professional bondspersons shall, before writing cash or security bail bonds, deposit with the director in the same manner as required of domestic insurers, an amount determined by the director of not less than ten thousand dollars and an amount necessary to cover forfeitures as r…

No bail bondsperson may become a surety on an undertaking unless the bail bondsperson has registered in the office of the sheriff in the county in which the bondsperson resides. The bail bondsperson may then become a surety in any other county upon presenting to the official requ…

Any bail bondsperson who discontinues writing bail bonds during the period for which licensed shall notify the sheriffs with whom registered and return the license to the director for cancellation within thirty days from such discontinuance. Source: SL 1966, ch 111 , ch 31, § 20;…

Every person duly licensed as a bail bondsperson may appoint as a runner any person who holds or has qualified for a runner's license. Each bail bondsperson appointing a runner in this state shall file with, and obtain approval from the director for each appointment which shall b…

A bail bondsman terminating the appointment of a runner shall file written notice thereof with the director, together with a statement that he has given or mailed notice to the runner. Such notice filed with the director shall state the reasons, if any, for such termination. Info…

No bail bondsperson or runner may pay a fee or rebate or give or promise anything of value to the principal or an agent of the principal. Violation of this section is a Class 1 misdemeanor. Source: SL 1966, ch 111 , ch 31, §§ 15 (4), 27; SDCL, § 58-22-48 ; SL 1978, ch 359 , § 2; …

The following persons or classes may not be bail bondspersons or runners and may not directly or indirectly receive any benefits from the execution of any bail bond: jailers, police officers, committing magistrates, magistrate court judges, sheriffs, deputy sheriffs, and constabl…

No bail bondsperson or runner may accept anything of value from a principal except the premium. However, the bondsperson may accept collateral security or other indemnity from the principal which shall be returned upon final termination of liability on the bond. Such collateral s…

When a bail bondsman accepts collateral he shall give a written receipt for same, and this receipt shall give in detail a full description of the collateral received. Source: SL 1966, ch 111 , ch 31, § 16.

No bail bondsperson or runner may solicit business in or about any place where prisoners are confined. Violation of this section is a Class 1 misdemeanor. Source: SL 1966, ch 111 , ch 31, §§ 15 (7), 27; SDCL, § 58-22-48 ; SL 1978, ch 359 , § 2; SL 1998, ch 296 , § 22.

No bail bondsperson or runner may pay a fee or rebate or give or promise anything of value to a jailer, police, peace officer, committing magistrate, or any other person who has power to arrest or hold in custody; or to any public official or public employee in order to secure a …

No bail bondsperson or runner may pay a fee or rebate or give anything of value to an attorney in bail bond matters; except in defense of any action on a bond. Violation of this section is a Class 6 felony. Source: SL 1966, ch 111 , ch 31, §§ 15 (3), 27; SDCL, § 58-22-48 ; SL 197…

No bail bondsperson or runner may participate in the capacity of an attorney at a trial or hearing of one on whose bond such bail bondsperson or runner is surety. Violation of this section is a Class 1 misdemeanor. Source: SL 1966, ch 111 , ch 31, §§ 15 (5), 27; SDCL, § 58-22-48 …

No bail bondsperson or runner may suggest or advise the employment of or name for employment any particular attorney to represent the bondsperson's or runner's principal. Violation of this section is a Class 2 misdemeanor. Source: SL 1966, ch 111 , ch 31, §§ 15 (1), 27; SDCL, § 5…

A bail bondsman shall not sign nor countersign in blank any bond, nor shall he give a power of attorney to, or otherwise authorize, anyone to countersign his name to bonds unless the person so authorized is a licensed bondsman and the power of attorney is filed and approved by th…

A professional bondsman shall on or before March first of each year file a sworn statement listing every forfeiture of bonds executed by him during the preceding calendar year giving date of forfeiture, amount of forfeiture and name of court where forfeiture is recorded, and date…

Every property bondsman shall file with the undertaking an affidavit stating whether or not he or anyone for his use has been promised or has received any security or consideration for his undertaking, and if so, the nature and amount thereof, and the name of the person by whom s…

No person may act in the capacity of a bail bondsperson or runner or perform any of the functions, duties, or powers prescribed for bail bondsperson or runners under the provisions of this chapter unless that person is qualified and licensed as provided in this chapter. However, …

An action to enforce any indemnity agreement shall not lie in favor of the surety against such indemnitor, except with respect to agreements set forth in the affidavit required by § 58-22-39 . In an action by the indemnitor, such surety shall have the right to retain only such se…

When the defendant has been admitted to bail, he, or another in his behalf, may deposit with an official authorized to take bail, a sum of money, or nonregistered bonds of the United States, or of the state, or of any county, municipality within the state, equal in market value t…

If money or bonds have been deposited, bail by sureties may be substituted therefor at any time before a breach of the undertaking, and the official taking the new bail shall make an order that the money or bonds be refunded to the person depositing the same and they shall be ref…

When bail other than a deposit of money or bonds has been given, the defendant or the surety may, at any time before a breach of the undertaking, deposit the sum mentioned in the undertaking, and upon such deposit being made, accompanied by a new undertaking, the original underta…

If no day is fixed for the appearance of the defendant, or an impossible day, or a day in vacation, the undertaking, if for his appearance before a magistrate for a hearing, shall bind the defendant to appear in ten days from the receipt of notice so to do by the defendant, his c…

The liability of a person on an undertaking shall not be affected by reason of the lack of any qualifications, sufficiency, or competency provided in the criminal procedure law, or by reason of any other agreement that is expressed in the undertaking, or because the defendant has…

No undertaking shall be invalid, nor shall any person be discharged from his undertaking, nor a forfeiture thereof be stayed nor shall judgment thereon be stayed, set aside, or reversed, the collection of any such judgment be barred or defeated by reason of any defect of form, om…

The director may administer and enforce the provisions of this chapter. The Department of Labor and Regulation may employ and discharge such employees, examiners, counsel, and such other assistants as shall be deemed necessary, and it shall prescribe their duties, and their compe…

The application for a runner's license shall be accompanied by a written appointment of the applicant as a runner by each licensed bail bondsperson employing the applicant. Source: SL 1998, ch 296 , § 8.

No license may be issued except in compliance with this chapter and none may be issued except to an individual. However, any person performing the functions of a bail bondsperson or runner, within the definition of this chapter, on July 1, 1966, is not required to take an examina…

Any person holding a license under this chapter shall notify the Division of Insurance of a conviction or plea of guilty or nolo contendere to a felony or a crime of moral turpitude within twenty days of the conviction or plea. Violation of this section is a Class 1 misdemeanor. …

Any out - of - state bail bondsperson or runner entering this state shall notify all local law enforcement agencies in the area where the bail bondsperson or runner intends to conduct runner activities as defined in subdivision 58-22-1(5), including, at a minimum, the office of t…

Each bail bondsperson shall, on or before May first of each year, furnish to the director a list of all runners appointed, accompanied by a ten dollar reappointment fee for each runner. Each bail bondsperson who, subsequent to the filing of this list, appoints additional persons …

No bail bondsperson may post a corporate surety bond under the bondsperson's own license for the licensee's release from incarceration. Source: SL 2016, ch 233 , § 1.

The director retains the authority to enforce the provisions of and impose any penalty or remedy authorized by this chapter and title 58 against any person who is under investigation for or charged with any violation of this chapter or title 58 even if the person's license has be…

A person licensed under this chapter shall report any felony criminal prosecution of the person taken in any jurisdiction to the director within thirty days of the initial pretrial hearing date. The report shall include a copy of the initial complaint filed, the order resulting f…