South Dakota Codified Laws
Chapter 30 - Telephone Solicitation
Section 37-30-3 - Solicitor to register with attorney general--Registration periods--Information to be provided by solicitor--Failure to register as misdemeanor.

37-30-3. Solicitor to register with attorney general--Registration periods--Information to be provided by solicitor--Failure to register as misdemeanor.
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 solicitation campaign lasts more than one year. Application for registration shall be made on forms prescribed by the attorney general.
The paid solicitor shall provide the following information on or with the registration form:
(1)Legally established name;
(2)Name or names under which it solicits contributions;
(3)Form of organization;
(4)Date and place of organization;
(5)Street address of principal office in this state, or, if none, the name and street address of the person having custody of books and records within this state;
(6)Names and addresses of officers, directors, trustees and chief executive officer;
(7)Federal and state tax status;
(8)Denial at any time by any governmental agency or court of the right to solicit contributions;
(9)Copy of the completed solicitation notice as provided by §37-30-6;
(10)Copy of the contract between the charitable organization and the paid solicitor as provided by §37-30-7;
(11)Copies of executed documents required by §§37-30-8 and 37-30-9; and
(12)Such other information as the attorney general may require, by rules promulgated pursuant to chapter 1-26, to promote fairness of the solicitation and to assure full and fair disclosure of all material information to the attorney general.
The paid solicitor or authorized officer shall sign the registration form and shall certify that the statements therein are true and correct to the best of their knowledge. Any paid solicitor who fails to register as provided by this section is guilty of a Class 1 misdemeanor.

Source: SL 1990, ch 314, §3.

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.