Title 37, TRADE REGULATION
48 chapters · 579 sections in this title.
SDCL § 37-30-1 Definition of terms
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Terms used in this chapter mean: (1) "Charitable organization," any person who is or holds himself out to be established for any benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic or …
SDCL § 37-30-10 Employee of paid solicitor--Requirements
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A paid solicitor shall require that any person he directly or indirectly employs, procures, or engages to solicit comply with the provisions of §§ 37-30-8 and 37-30-9 . Source: SL 1990, ch 314 , § 10.
SDCL § 37-30-11 Solicitor required to file financial report--Time period--Form and contents--Failure to file reports as misdemeanor
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A paid solicitor shall file a financial report for the campaign with the attorney general no more than ninety days after a solicitation campaign has been completed, and on the anniversary of the commencement of any solicitation campaign which lasts more than one year. The financi…
SDCL § 37-30-12 Solicitor required to maintain records--Time periods--Contents of records--Failure to keep records as misdemeanor
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A paid solicitor shall maintain during each solicitation campaign and for not less than three years after the completion of each such campaign the following records, which shall be available to the attorney general for inspection upon request: (1) The name and address of each con…
SDCL § 37-30-13 Where solicitor sells tickets to an event--Record keeping requirements--Contents of records--Failure to comply as misdemeanor
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If a paid solicitor sells tickets to an event and represents that tickets will be donated for use by another, the paid solicitor shall maintain, for not less than three years after the completion of such event, the following records, which shall be available to the attorney gener…
SDCL § 37-30-14 All funds to be deposited in bank account--Charitable organization to have sole or joint control--Failure to comply as misdemeanor
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All funds collected by the paid solicitor shall be deposited in a bank account. The bank account shall be in the name of the charitable organization with whom the paid solicitor has contracted and the charitable organization shall have sole or joint control of the account. Any vi…
SDCL § 37-30-15 Solicitor required to make written report as to material changes in filed information--Time requirements--Failure to comply as misdemeanor
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Any material change in any information filed with the attorney general pursuant to this chapter shall be reported in writing by the paid solicitor to the attorney general not more than thirty days after such change occurs. However, any material change to the campaign solicitation…
SDCL § 37-30-16 Prior conviction of felony or certain misdemeanors precludes operation as solicitor
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No person may act as a paid solicitor if such person, any officer or director thereof, any person with a controlling interest therein, or any person the paid solicitor employs, engages or procures to solicit for compensation, has been convicted by a court of any state or the Unit…
SDCL § 37-30-17 Misdemeanors involving knowing misrepresentations and false, misleading or unauthorized solicitation practices--Use of unregistered paid solicitor as misdemeanor
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It is a Class 1 misdemeanor for: (1) Any person to knowingly misrepresent the purpose or beneficiary of a solicitation; (2) Any person to knowingly misrepresent the purpose or nature of a charitable organization; (3) Any person to use or exploit the fact of registration so as to …
SDCL § 37-30-18 Investigate by attorney general--Powers
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The attorney general may, upon receiving a complaint, conduct an investigation under chapter 37-24 to determine whether any person has violated a provision of this chapter or chapter 37-30A . For the purpose of any investigation or proceeding under this section, the attorney gene…
SDCL § 37-30-19 Power of attorney general to compel testimony--Use of such testimony in criminal proceedings prohibited--Exceptions
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No individual is excused from attending and testifying or from producing any documents or records, or an obedience to the subpoena of the attorney general, or in any proceeding instituted by the attorney general, on the ground that the testimony or evidence, documentary or otherw…
SDCL § 37-30-2 Sale of items associated with charity as solicitation--Includes offer or attempt to sell
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For the purposes of this chapter, "solicitation" includes, the sale of, offer or attempt to sell, by telephone, any advertisement, advertising space, book, card, tag, coupon, device, magazine, membership, merchandise, subscription, flower, ticket, candy, light bulbs, cookies or o…
SDCL § 37-30-20 Power of attorney general to deny, suspend or revoke registration of paid solicitor
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The attorney general may, pursuant to chapter 1-26 , deny, suspend, or revoke the registration of any paid solicitor which has violated any of the provisions of this chapter. The attorney general may accept a written assurance of compliance when the attorney general determines th…
SDCL § 37-30-21 Power of attorney general to bring action for injunction--Restraint of violations
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If it appears to the attorney general that a person has engaged or is about to engage in any act or practice constituting a violation of any provisions of this chapter, or any rule promulgated under the provisions of this chapter, the attorney general may bring an action in the c…
SDCL § 37-30-22 Documents required to be filed--Status as public records--Exceptions
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Registration forms, annual reports, and other documents required to be filed by this chapter shall become public records when filed in the Office of the Attorney General. However, investigative data obtained by the attorney general in anticipation of or in connection with litigat…
SDCL § 37-30-23 "Automatic telephone dialing system" defined
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For the purposes of §§ 37-30-23 to 37-30-29 , inclusive, an automatic telephone dialing system is any automatic terminal equipment which stores or produces numbers to be called randomly or sequentially and which delivers a prerecorded message to the number called without assistan…
SDCL § 37-30-24 "Telephone solicitation" defined
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For the purposes of §§ 37-30-23 to 37-30-29 , inclusive, a telephone solicitation is the unsolicited initiation of a telephone call to a residential telephone customer for the purpose of encouraging a person to purchase property, goods, or services or soliciting donations of mone…
SDCL § 37-30-25 Registration as to intended use of automatic telephone dialing system--Failure to comply as misdemeanor
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Any person intending to use an automatic telephone dialing system for a telephone solicitation in this state shall, at least ten business days prior to using the system, register with the public utilities commission, on forms prescribed by him, the following information: (1) Name…
SDCL § 37-30-26 Required contents of message--Failure to comply as misdemeanor
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Any telephone solicitation message shall disclose immediately after telephone contact the name of the person, company or organization making the call and the purpose of the call and the goods or services being offered, if any. A violation of this section is a Class 2 misdemeanor.…
SDCL § 37-30-27 Forbidden uses of automatic telephone dialing system--Failure to comply as misdemeanor
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No person may use an automated telephone dialing system to make a telephone solicitation to: (1) Any emergency telephone in this state including the emergency telephone numbers of any hospital, physician, health care facility, ambulance service or fire or law enforcement officer …
SDCL § 37-30-28 Permissible hours as to use of automated telephone dialing system--Disconnection requirements--Failure to comply as misdemeanor
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No person may use an automated telephone dialing system to make a telephone solicitation to any telephone number in the state except weekdays between 9 a.m. and 9 p.m., according to the time in this state. In addition, the person using the device to place the call shall ensure th…
SDCL § 37-30-29 Registrant responsible for automatic dialer requirements
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The registrant is responsible for the automatic dialer requirements contained in §§ 37-30-27 and 37-30-28 . Source: SL 1991, ch 322 , § 5.
SDCL § 37-30-3 Solicitor to register with attorney general--Registration periods--Information to be provided by solicitor--Failure to register as misdemeanor
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Every paid solicitor shall register each time with the attorney general no less than thirty days prior to conducting any solicitation. The initial registration for a paid solicitor shall be valid for one year and may be renewed for an additional one - year period if the solicitat…
SDCL § 37-30-4 Attorney general's approval of application required prior to solicitation--Period for review--Basis for denial of registration
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No paid solicitor may commence a solicitation until the application is reviewed and approved by the attorney general. The attorney general shall review the application within forty - five days of receiving the application. The attorney general, pursuant to chapter 1-26 , may deny…
SDCL § 37-30-5 Applicant must file bond--Requirements as to bond--Failure to provide bond as misdemeanor
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An applicant for registration or for a renewal of registration as a paid solicitor shall, at the time of making such application, file with and have approved by the attorney general a bond from a surety company qualified to do business in the state. The bond shall be for the sum …
SDCL § 37-30-6 Solicitation notice--Form and contents--Failure to comply as misdemeanor
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A solicitation notice shall be on forms prescribed by the attorney general, in writing and under oath, and shall include a description of the solicitation event or campaign, the location and telephone number from which the solicitation is to be conducted, the names and residence …
SDCL § 37-30-7 Contract between solicitor and charitable organization--Requirements--Failure to comply as misdemeanor
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A contract between a paid solicitor and a charitable organization shall be in writing, shall clearly state the respective obligations of the paid solicitor and the charitable organization and shall state the minimum amount which the charitable organization shall receive as a resu…
SDCL § 37-30-8 Solicitor required to have written consent before permitted to use name of charitable organization--Failure to comply as misdemeanor
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A paid solicitor may not represent that any part of the contributions received will be given or donated to any charitable organization unless such organization has consented in writing to the use of its name, prior to the solicitation. Such written consent shall be signed by two …
SDCL § 37-30-9 Solicitor required to have written commitment where charitable organization agrees to accept donated tickets to an event--Failure to comply as misdemeanor
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No paid solicitor may represent that tickets to an event are to be donated for use by another, unless the paid solicitor has first obtained a commitment, in writing, from a charitable organization stating that it will accept donated tickets and specifying the number of tickets wh…