Title 58 — INSURANCE

The department may promulgate rules governing associations pursuant to chapter 1-26 concerning: (1) Application, financial, annual reports, or other forms to be created by the department under §§ 58-20-25 to 58-20-40 , inclusive; (2) Financial requirements of the department for a…

A member may voluntarily terminate its participation in an association by giving written notice to the other members of the association and the department at least ninety days before the desired termination date. The voluntary termination shall be approved by the department if it…

A member may be involuntarily terminated as a member of the association if the department finds, after due notice and hearing, that the member: (1) Has failed to pay any contribution or assessment due to the association; (2) Has failed to comply with §§ 58-20-25 to 58-20-40 , inc…

Any member who voluntarily terminates its membership in the association, or who is involuntarily terminated as a member of the association, shall nevertheless remain liable subsequent to the date of termination for all contractual obligations it entered into with the association …

Each year after an association has been granted a certificate, the association shall file with the department an annual report of its affairs and operations during the last preceding calendar year. The report shall be made in such form and shall contain such information as the de…

No association may be voluntarily dissolved or otherwise cease to function without written approval by the department after the department has determined that all claims and other legal obligations of the association have been paid or that adequate provisions for such payment hav…

If the assets of an association are at any time insufficient to enable the association to discharge its liabilities and obligations, the association's members shall make up the deficiency or the department may order the association to levy an assessment upon its members in an amo…

If an association fails to make up a deficiency or to make the required assessment of its members pursuant to § 58-20-37 within thirty days after the department orders it to do so, or if the deficiency is not fully made up within sixty days after the date on which the assessment …

Notwithstanding any other provision of law to the contrary, any association organized pursuant to §§ 58-20-25 to 58-20-40 , inclusive, is not an insurance company or insurer under the laws of this state; any agreement forming an association does not constitute insurance or the co…

Every policy of workers' compensation insurance, issued or delivered in this state by an authorized domestic or foreign insurer, shall cover separately and for a separate consideration, all the liabilities which are imposed upon an insurer by the provisions of the title, Workers'…

58-20-27 Application for self-insurance association--Form. 58-20-28 Requirements to obtain self-insurance certificate. 58-20-29 Granting self-insurance application--Revocation. 58-20-30 Examination of self-insurance association's activities and records. 58-20-31 Promulgation of r…

Every policy of insurance issued by a stock insurer, or by a mutual association authorized to transact workers' compensation or employers' liability insurance in this state, shall cover the entire liability of the employer to his employees covered by the policy or contract. Howev…

No such policy of insurance shall be issued unless it contains the agreement of the insurer that it will promptly pay to the person entitled to compensation all installments of the compensation that may be awarded or agreed upon, and that the obligation shall not be affected by a…

Every policy of insurance issued by a stock insurer or by a mutual insurer shall contain a provision setting forth the right of the employees to enforce in their own names, either by at any time filing a separate claim or by at any time making the insurance carrier a party to the…

Payment of such compensation, in whole or in part, by either the employer or the insurance carrier shall, to the extent thereof, be a bar to the recovery against the other of the amount so paid. Source: SL 1966, ch 111 , ch 29, § 7.

Every policy shall provide that the worker shall have a first lien upon any amount becoming due on account of such policy to the insured from the insurer, and that in case of the legal incapacity, inability, or disability of the insured to receive the amount due and pay it over t…

Whenever any bond, undertaking, recognizance, or other obligation is by law, or the charter, ordinances, rules, or regulations of any municipality, board, body, organization, court, judge, or public officer, required or permitted to be made, given, tendered, or filed, with surety…

A valid subsisting certificate of authority or duly certified copy thereof issued by the director to a surety insurer shall be accepted as evidence of qualification to become sole surety on all bonds, undertakings, recognizances, and obligations required or permitted by law, or i…

Execution by such insurer of such bond, undertaking, obligation, recognizance, or guaranty shall be in all respects a full and complete compliance with every requirement of every law, charter, ordinance, rule, or regulation, that such bond, undertaking, obligation, recognizance, …

Any such insurer doing business in this state without a valid certificate of authority shall forfeit one hundred dollars for every day it neglects to procure such certificate. Any insurance producer making assurance or soliciting applications for any insurer having no such certif…

A surety insurer may be released from its liability on a bond referred to in § 58-21-1 upon the same terms and conditions as are by law prescribed for the release of individual sureties. Source: SL 1966, ch 111 , ch 28, § 2.

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…

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. …

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.

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 …

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 …