58-24-68. Exempt commercial policyholder--Definition.
For the purposes of §§58-24-68 to 58-24-74, inclusive, the term, exempt commercial policyholder, means any person who applies for or procures any kind of property casualty insurance, except title or workers' compensation insurance, through the use of a risk manager employed or retained by such person, and meets at least two of the following qualifications:
(1)Has purchased the insurance with aggregate premiums in the sum of at least fifty thousand dollars, during the most recently completed calendar year;
(2)Has a net worth of at least ten million dollars, as reported in the policyholder's most recently issued financial statement, reviewed or audited by an independent certified public accountant;
(3)Has annual net revenues or net sales of at least ten million dollars, as reported in the policyholder's most recently issued financial statement, reviewed or audited by an independent certified public accountant;
(4)Employs at least one hundred full-time employees, either individually or, if the policyholder is a member of an affiliated group, collectively with all members of the affiliated group;
(5)Has, if the policyholder is a nonprofit organization, an annual operating budget of at least two million five hundred thousand dollars, for the most recently completed calendar or fiscal year, whichever applies;
(6)Has, if the policyholder is a public entity, an operating budget of at least ten million dollars, for the most recently completed calendar or fiscal year, whichever applies; or
(7)Has, if the policyholder is a municipality, a population of at least twenty thousand.
Source: SL 2004, ch 307, §1; SL 2022, ch 183, §1.
Structure South Dakota Codified Laws
Chapter 24 - Fire, Marine, Casualty, And Surety Insurance Rates And Rating Organizations
Section 58-24-1 - Purpose of chapter.
Section 58-24-2 - Application of chapter.
Section 58-24-3 - Insurance to which chapter does not apply.
Section 58-24-4 - Making of rates--Provisions governing.
Section 58-24-5 - Excessive, inadequate, or discriminatory rates prohibited.
Section 58-24-6 - Making of rates--Matters considered.
Section 58-24-8 - System of expense provisions used in rate-making--Reflection of operating methods.
Section 58-24-9 - Uniformity as to rates not required.
Section 58-24-13 - Information furnished in support of filing.
Section 58-24-14 - Filing open to public inspection--Specially rated inland marine risks.
Section 58-24-15 - Review of filings by director.
Section 58-24-17 - Filing with respect to specially rated risks--Effective date.
Section 58-24-18 - Disapproval of filing prohibited if rates meet requirements.
Section 58-24-19 - Disapproval of filings by director--Notice--Contents.
Section 58-24-20 - Disapproval of filing with respect to specially rated risks--Notice, contents.
Section 58-24-21 - Effect of finding and order that filing does not comply with chapter.
Section 58-24-22 - Request by aggrieved party for hearing on filing--Grounds for application.
Section 58-24-23 - Hearing on filing--Action by director--Notice of hearing.
Section 58-24-24 - Finding that filing does not comply--Order discontinuing filing--Effective date.
Section 58-24-26 - Excess rate approved for specific risk--Filing application.
Section 58-24-27 - Assigned risks--Reasonable rate modifications.
Section 58-24-28 - Information to be furnished insureds.
Section 58-24-29 - Right of insured to hearing on application of rating system.
Section 58-24-34 - Withholding of or giving false or misleading information--Penalties.
Section 58-24-35 - Application for license as rating organization--Contents.
Section 58-24-37 - Duration of rating organization license--Fee.
Section 58-24-38 - Suspension or revocation of license.
Section 58-24-39 - Notice to director of change in license application information.
Section 58-24-40 - Subscribers to rating services--Rules of rating organization.
Section 58-24-42 - Order affirming action of rating organization.
Section 58-24-43 - Actuarial, technical, or other services provided to subscribers.
Section 58-24-45.1 - Group insurance marketing permitted--Conditions.
Section 58-24-47 - Appeal to director from action of rating organization--Hearing--Order.
Section 58-24-50 - Deviations to be uniform within class.
Section 58-24-52 - Duration of permitted deviation.
Section 58-24-53 - Advisory organization license required.
Section 58-24-54 - Advisory organization filing requirements.
Section 58-24-61 - Violation of chapter--Penalties.
Section 58-24-62 - Suspension of license of rating organization or insurer.
Section 58-24-65 - Rehearing and appeal from order of director.
Section 58-24-66 - Notice required for filing for workers' compensation insurance.
Section 58-24-67 - Notice to workers' compensation purchaser organizations.
Section 58-24-68 - Exempt commercial policyholder--Definition.
Section 58-24-69 - "Risk manager" defined.
Section 58-24-71 - Third-party consultant disclosure requirements.
Section 58-24-72 - Promulgation of rules.
Section 58-24-73 - Insurer to maintain and provide copies of disclosures--Examination.