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2005 Summary of New State Laws - South Dakota

(Preliminary List of 2005 Enacted Legislation)

Issue

Bill #

Bill Description

Captives

HB 1101

Provides an exception for contracts of independent contractors who are captive insurance agents from the prohibition against contracts in restraint of trade. Effective 7/1/05.

Miscellaneous New Insurance Provisions

(State Examinations)

HB 1046

Allows the subject of an examination, other than a financial examination, to make a written request for a copy of the examination report from the division of insurance. Effective 7/1/05.

(Influencing of Witnesses)

HB 1039

Prohibits insurance producers from influencing witnesses to decline to testify or to testify falsely or withhold any testimony, information, document, or thing in any examination, investigation or hearing conducted by the division. Effective 7/1/05.

(Supplementary Coverage)

HB 1115

Requires supplemental coverages be made available with automobile liability policies. Effective 7/1/05.

(Farm Mutual Regulation)

HB 1094

Creates the division of farm mutual insurance companies. Effective 7/1/05.

Motor Vehicle

(Miscellaneous New Motor Insurance Provisions - Commercial Driver's License)

HB 1061

Amends laws governing commercial driver's license standards. Effective 9/30/05.

(Miscellaneous New Motor Vehicle Insurance Provisions - Labeling of Window Glaze)

HB 1023

Repeals certain provisions regarding required labeling of motor vehicle window glaze or film. Effective 7/1/05.

(Miscellaneous New Motor Vehicle Insurance Provisions - Snowmobiles)

SB 74

Amends laws restricting the use of snowmobiles by drivers under the age of 14. Effective 7/1/05.

(Miscellaneous New Motor Vehicle Insurance Provisions - Social Security Numbers on Driver's Licenses)

SB 129

Prohibits the display of social security numbers on driver's licenses or non-driver identification cards. Effective 7/1/05.

(Salvage Title)

HB 1202

Establishes provisions to regulate salvage titles. Effective 7/1/05.

(Traffic Safety - DUI)

SB 98

Provides specific penalties for certain fifth and subsequent driving under the influence convictions. Effective 7/1/05.

Producer Compensation

SB 49

Restricts the ability of insurance producers to pay or assign a commission, service fee, brokerage fee, or any other valuable consideration for a referral to any person not appropriately licensed. Effective 7/1/05.

Reinsurance

HB 1188

Revises certain provisions regarding amounts payable under reinsurance contracts in liquidation proceedings of insurers. Effective 7/1/05.

Tort Reform

(Medical Malpractice Limits - Podiatrists)

HB 1104

Limits damages that may be awarded against podiatrists in medical malpractice actions. Effective 7/1/05.

Workers' Compensation

(Claims Procedures)

SB 16

Specifies that requests for compensation or additional compensation must be in the form of a written petition for a hearing. Effective 7/1/05.

(Coverage for Rural Fire Department Personnel)

HB 1019

Makes firefighters from nonprofit rural fire departments eligible for state workers' compensation coverage. Effective 7/1/05.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.

South Dakota State Resource Center