62-3-16. Agricultural work subject to title--Liability insurance required.
The provisions of this title, not inconsistent with the provisions of this section, apply to the business of operating threshing machines, grain combines, corn shellers, cornhuskers, shredders, silage cutters, and seed hullers for profit, but do not apply to the operation of any thereof by the owner thereof for the threshing, combining, corn shelling, cornhusking, shredding, silage cutting, or seed hulling of the owner's grain crops, nor to any operations in the nature of exchange of work between farmers, nor to persons who are not generally engaged in the operation of such machines for commercial purposes. Before any person engaging in such business, and being under the provisions of this title, shall operate any such machine, the person shall secure liability under this title as provided in §§62-5-1 to 62-5-5, inclusive. Any contract by any such person for threshing or combining of any grain, corn shelling, cornhusking, shredding, silage cutting, and seed hulling by machinery without first having procured and filed such policy or such certificate, is null and void, and no compensation is recoverable under the contract.
Source: SL 1919, ch 362; SL 1921, ch 423; SL 1931, ch 269; SDC 1939, §64.0201; repealed SL 1974, ch 333, §7; re-enacted SL 1975, ch 323, §2; SL 2008, ch 278, §12.
Structure South Dakota Codified Laws
Title 62 - Workers' Compensation
Chapter 03 - Covered Employment And Employer's Responsibility
Section 62-3-1 - Measure of responsibility assumed by employer.
Section 62-3-2 - Rights and remedies of employees limited.
Section 62-3-3 - Employer and employee bound by provisions of title--Exceptions.
Section 62-3-4 - Employment covered by federal compensation law not subject to title.
Section 62-3-5 - Security required for acceptance of title.
Section 62-3-5.1 - Notice by corporate officer rejecting coverage--Withdrawal of rejection.
Section 62-3-10 - Liability to subcontractor's employee.
Section 62-3-11 - Election to proceed against employer--Options.
Section 62-3-13 - Penalty for failure to perform statutory duty unaffected.
Section 62-3-14 - Reciprocity with other states.
Section 62-3-15 - Exemption of domestics, agricultural laborers or workfare participants.
Section 62-3-16 - Agricultural work subject to title--Liability insurance required.
Section 62-3-17 - Voluntary waiver of exemption by insuring liability.
Section 62-3-18 - Obligation created by title not waived by contract.