58-22-14. Application for license or renewal--Investigation of applicant's fitness--Criminal background check.
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 applicant's qualifications, residence, prospective place of business, and any other matters which, in the opinion of the director, are deemed necessary or expedient in order to protect the public and ascertain the qualifications of the applicant. The director may also conduct any reasonable inquiry or investigation the director sees fit, relative to the determination of the applicant's fitness to be licensed or to continue to be licensed. The applicant shall provide any necessary authorization requested by the director to facilitate an inquiry or investigation.
As part of any application to obtain licensure as a bail bondsperson or runner under this chapter, each applicant shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the director shall submit completed fingerprint cards to the Division of Criminal Investigation for purposes of conducting both the state and federal criminal background investigation. Upon completion of the criminal background investigation the Division of Criminal Investigation shall forward to the director all information obtained as a result of the criminal background investigation. The applicant is responsible for any costs associated with background investigations as charged by the appropriate agency conducting and furnishing any background investigations. Failure to submit or cooperate with any criminal background investigation is grounds for denial of an application for licensure under this chapter.
Source: SL 1966, ch 111, ch 31, §5; SL 1998, ch 296, §10; SL 2016, ch 233, §4.
Structure South Dakota Codified Laws
Chapter 22 - Bail Bondspersons
Section 58-22-1 - Definition of terms.
Section 58-22-2 - Qualifications of surety for release of person on bail.
Section 58-22-3 - Persons disqualified as bail bondspersons or runners--Violation as felony.
Section 58-22-6 - Application for license--Affirmative showing of qualifications.
Section 58-22-7 - License fee submitted to director--Fingerprints and photograph of applicant.
Section 58-22-8 - Surety bondspersons annual list--Subsequent appointments--Fees.
Section 58-22-10 - Professional bondsman--Annual financial statement furnished by applicant.
Section 58-22-12 - Application for license as runner--Affirmative showing of qualifications.
Section 58-22-13 - Runner's application--Fees--Fingerprints and photograph of applicant.
Section 58-22-16 - Examination of bail bondsperson or runner.
Section 58-22-17 - Examination fee.
Section 58-22-18 - Failure of applicant to pass--Subsequent examinations.
Section 58-22-19 - Expiration of licenses.
Section 58-22-20 - Renewal license--Issuance by director--Fee.
Section 58-22-21 - Causes for denial, suspension, revocation, or refusal to renew license.
Section 58-22-24 - Deposit by professional bondsperson--Amount--Law governing--Waiver.
Section 58-22-25 - Annual registration required--Violation as misdemeanor.
Section 58-22-29 - Giving or promising anything of value to principal as misdemeanor.
Section 58-22-31 - Receipt for collateral--Description of collateral received.
Section 58-22-32 - Solicitation of business where prisoners confined as misdemeanor.
Section 58-22-34 - Giving anything of value to attorney in bail bond matter as felony--Exception.
Section 58-22-35 - Bail bondsperson or runner acting as attorney prohibited--Misdemeanor.
Section 58-22-36 - Advising employment of particular attorney as misdemeanor.
Section 58-22-38 - Annual list of forfeitures of bonds--Contents.
Section 58-22-40 - Surety's right to enforce indemnity agreement limited by affidavit.
Section 58-22-41 - Deposit by defendant admitted to bail.
Section 58-22-43 - Bail other than deposit--Cancellation by deposit.
Section 58-22-44 - Undertaking for appearance before a magistrate or court--Time of appearance.
Section 58-22-45 - Liability on undertaking unaffected by defects.
Section 58-22-46 - Validity of undertaking entered into on Sunday or holiday.
Section 58-22-47 - Administration and enforcement of chapter by director--Employment of personnel.
Section 58-22-49 - Written appointment required with application for runner's license.
Section 58-22-50 - Licensee to notify Division of certain convictions.
Section 58-22-52 - List of runners to be furnished to director--Fee.
Section 58-22-54 - Enforcement of title permitted although license surrendered or lapsed.