South Dakota Codified Laws
Chapter 30 - Telephone Solicitation
Section 37-30-1 - Definition of terms.

37-30-1. Definition of terms.
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 eleemosynary purpose, or for the benefit of law enforcement officers, firefighters or other persons who protect the public safety;
(2)"Charitable purpose," any benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic or eleemosynary objective;
(3)"Charitable sales promotion," any advertising or sales campaign, conducted by a commercial coventurer, which represents that the purchase or use of goods or services offered by the commercial coventurer are to benefit a charitable organization or purpose;
(4)"Contribution," the grant, promise or pledge of money, credit, property, financial assistance or other thing of any kind or value in response to a solicitation. "Contribution" does not include bona fide fees, dues or assessments paid by members, if membership is not conferred solely as consideration for making a contribution in response to a solicitation;
(5)"Gross revenue," income of any kind from all sources, including all amounts received and all amounts pledged as the result of any solicitation by a paid solicitor;
(6)"Membership," that which entitles a person to the privileges, professional standing, honors or other direct benefit of the organization and the right to vote, elect officers and hold office in the organization;
(7)"Paid solicitor," any person or for-profit organization, who for compensation, contracts for a charitable organization any service in connection with which contributions are solicited by such person or by any person directly or indirectly employed, procured or engaged to solicit for such compensation. A bona fide nontemporary salaried officer, employee or temporary employee of a charitable organization is not a paid solicitor;
(8)"Solicit" and "solicitation," any request directly or indirectly for money, credit, property, financial assistance or other thing of any kind or value on the plea or representation that such money, credit, property, financial assistance or other thing of any kind or value is to be used for a charitable purpose or benefit a charitable organization.

Source: SL 1990, ch 314, ยง1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 37 - Trade Regulation

Chapter 30 - Telephone Solicitation

Section 37-30-1 - Definition of terms.

Section 37-30-2 - Sale of items associated with charity as solicitation--Includes offer or attempt to sell.

Section 37-30-3 - Solicitor to register with attorney general--Registration periods--Information to be provided by solicitor--Failure to register as misdemeanor.

Section 37-30-4 - Attorney general's approval of application required prior to solicitation--Period for review--Basis for denial of registration.

Section 37-30-5 - Applicant must file bond--Requirements as to bond--Failure to provide bond as misdemeanor.

Section 37-30-6 - Solicitation notice--Form and contents--Failure to comply as misdemeanor.

Section 37-30-7 - Contract between solicitor and charitable organization--Requirements--Failure to comply as misdemeanor.

Section 37-30-8 - Solicitor required to have written consent before permitted to use name of charitable organization--Failure to comply as misdemeanor.

Section 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.

Section 37-30-10 - Employee of paid solicitor--Requirements.

Section 37-30-11 - Solicitor required to file financial report--Time period--Form and contents--Failure to file reports as misdemeanor.

Section 37-30-12 - Solicitor required to maintain records--Time periods--Contents of records--Failure to keep records as misdemeanor.

Section 37-30-13 - Where solicitor sells tickets to an event--Record keeping requirements--Contents of records--Failure to comply as misdemeanor.

Section 37-30-14 - All funds to be deposited in bank account--Charitable organization to have sole or joint control--Failure to comply as misdemeanor.

Section 37-30-15 - Solicitor required to make written report as to material changes in filed information--Time requirements--Failure to comply as misdemeanor.

Section 37-30-16 - Prior conviction of felony or certain misdemeanors precludes operation as solicitor.

Section 37-30-17 - Misdemeanors involving knowing misrepresentations and false, misleading or unauthorized solicitation practices--Use of unregistered paid solicitor as misdemeanor.

Section 37-30-18 - Investigate by attorney general--Powers.

Section 37-30-19 - Power of attorney general to compel testimony--Use of such testimony in criminal proceedings prohibited--Exceptions.

Section 37-30-20 - Power of attorney general to deny, suspend or revoke registration of paid solicitor.

Section 37-30-21 - Power of attorney general to bring action for injunction--Restraint of violations.

Section 37-30-22 - Documents required to be filed--Status as public records--Exceptions.

Section 37-30-23 - "Automatic telephone dialing system" defined.

Section 37-30-24 - "Telephone solicitation" defined.

Section 37-30-25 - Registration as to intended use of automatic telephone dialing system--Failure to comply as misdemeanor.

Section 37-30-26 - Required contents of message--Failure to comply as misdemeanor.

Section 37-30-27 - Forbidden uses of automatic telephone dialing system--Failure to comply as misdemeanor.

Section 37-30-28 - Permissible hours as to use of automated telephone dialing system--Disconnection requirements--Failure to comply as misdemeanor.

Section 37-30-29 - Registrant responsible for automatic dialer requirements.