Title 58 — INSURANCE
79 chapters · 3,532 sections in this title.
SDCL § 58-22-1 Definition of terms
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Terms used in this chapter mean: (1) "Bail bond," cash, property or surety given to obtain a defendant's release; (1A) "Bail bondsman," a surety bondsman, professional bondsman, or a property bondsman; (1B) "Cash," the coins and bills issued by the government of the United States…
SDCL § 58-22-10 Professional bondsman--Annual financial statement furnished by applicant
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In addition to the requirements prescribed in § 58-22-6 , an applicant for a professional bondsman license shall furnish annually a detailed financial statement under oath, and such statement shall be subject to the same examination as is prescribed by law for domestic insurers. …
SDCL § 58-22-11 Refusal, suspension, or cancellation of license for inadequate financial statement
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A license may be refused, suspended, or canceled by the director at any time he determines that the financial statement filed by the applicant or professional bondsman is inadequate to meet the requirements of the director. Source: SL 1966, ch 111 , ch 31, § 24.
SDCL § 58-22-12 Application for license as runner--Affirmative showing of qualifications
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In addition to the other requirements prescribed in this chapter, an applicant for a license to serve as a runner shall affirmatively show: (1) That the applicant is a natural person who has reached the age of twenty - one years; (2) That the applicant is a citizen of the United …
SDCL § 58-22-13 Runner's application--Fees--Fingerprints and photograph of applicant
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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…
SDCL § 58-22-14 Application for license or renewal--Investigation of applicant's fitness--Criminal background check
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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…
SDCL § 58-22-15 Failure of applicant for license to secure approval--Filing of another application
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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…
SDCL § 58-22-16 Examination of bail bondsperson or runner
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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, …
SDCL § 58-22-17 Examination fee
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The fee for such examination shall be ten dollars and shall be submitted with the application. Source: SL 1966, ch 111 , ch 31, § 11.
SDCL § 58-22-18 Failure of applicant to pass--Subsequent examinations
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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.
SDCL § 58-22-19 Expiration of licenses
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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: …
SDCL § 58-22-2 Qualifications of surety for release of person on bail
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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…
SDCL § 58-22-20 Renewal license--Issuance by director--Fee
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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…
SDCL § 58-22-21 Causes for denial, suspension, revocation, or refusal to renew license
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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…
SDCL § 58-22-22 Suspension of license--Investigation by director--Notice and charges--Failure to answer or deny charges, revocation of license
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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…
SDCL § 58-22-23 Denial of charges of unlawful conduct--Hearing by director, notice of time and place, rights of parties--Suspension or revocation of license
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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…
SDCL § 58-22-24 Deposit by professional bondsperson--Amount--Law governing--Waiver
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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…
SDCL § 58-22-25 Annual registration required--Violation as misdemeanor
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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…
SDCL § 58-22-26 Notice to sheriffs of discontinuance of business during license period--Return of license for cancellation
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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;…
SDCL § 58-22-27 Appointment of runners--Director's approval required--Grounds for denying appointment
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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…
SDCL § 58-22-28 Termination of appointment of runner--Notice filed with director--Notice to runner--Information privileged
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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…
SDCL § 58-22-29 Giving or promising anything of value to principal as misdemeanor
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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; …
SDCL § 58-22-3 Persons disqualified as bail bondspersons or runners--Violation as felony
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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…
SDCL § 58-22-30 Acceptance of anything of value from principal except premium as misdemeanor--Collateral security or indemnity permitted
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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…
SDCL § 58-22-31 Receipt for collateral--Description of collateral received
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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.
SDCL § 58-22-32 Solicitation of business where prisoners confined as misdemeanor
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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.
SDCL § 58-22-33 Giving or promising anything of value to public officials to secure settlement, remission, or reduction as felony
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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 …
SDCL § 58-22-34 Giving anything of value to attorney in bail bond matter as felony--Exception
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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…
SDCL § 58-22-35 Bail bondsperson or runner acting as attorney prohibited--Misdemeanor
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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 …
SDCL § 58-22-36 Advising employment of particular attorney as misdemeanor
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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…
SDCL § 58-22-37 Signing or countersigning of bond in blank by bail bondsman prohibited, exception
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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…
SDCL § 58-22-38 Annual list of forfeitures of bonds--Contents
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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…
SDCL § 58-22-39 Affidavit of property bondsman as to consideration for undertaking--Willful misstatement as perjury
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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…
SDCL § 58-22-4 License required to act as bail bondsperson or runner--Exception--Violation as felony or misdemeanor
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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, …
SDCL § 58-22-40 Surety's right to enforce indemnity agreement limited by affidavit
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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 §
SDCL § 58-22-41 Deposit by defendant admitted to bail
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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…
SDCL § 58-22-42 Bail by surety substituted for deposit--Refunding of deposit--Cancellation of original undertaking
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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…
SDCL § 58-22-43 Bail other than deposit--Cancellation by deposit
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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…
SDCL § 58-22-44 Undertaking for appearance before a magistrate or court--Time of appearance
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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…
SDCL § 58-22-45 Liability on undertaking unaffected by defects
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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…
SDCL § 58-22-46 Validity of undertaking entered into on Sunday or holiday
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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…
SDCL § 58-22-47 Administration and enforcement of chapter by director--Employment of personnel
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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…
SDCL § 58-22-48 Repealed by SL 1978, ch 359 , § 3 58-22-49 Written appointment required with application for runner's license
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58-22-50 Licensee to notify Division of certain convictions. 58-22-51 Out-of-state bail bondsperson--Notification of activities--Limitations on activities--License required. 58-22-52 List of runners to be furnished to director--Fee. 58-22-53 Posting of bond under bondsperson's ow…
SDCL § 58-22-49 Written appointment required with application for runner's license
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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.
SDCL § 58-22-5 Licenses to individuals only--Examination waived for persons previously acting--Exemptions
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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…
SDCL § 58-22-50 Licensee to notify Division of certain convictions
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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. …
SDCL § 58-22-51 Out - of - state bail bondsperson--Notification of activities--Limitations on activities--License required
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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…
SDCL § 58-22-52 List of runners to be furnished to director--Fee
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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 …
SDCL § 58-22-53 Posting of bond under bondsperson's own license for licensee's release prohibited
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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.
SDCL § 58-22-54 Enforcement of title permitted although license surrendered or lapsed
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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…