South Dakota Codified Laws 47-24-24. Personal affiliation information–Exemptions
The provisions of §§ 47-24-21 to 47-24-23, inclusive, do not apply to:
(1) Any report or disclosure required by state law to be filed with the secretary of state;
Terms Used In South Dakota Codified Laws 47-24-24
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Donor: The person who makes a gift.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(2) Any official record or minutes required by law to be maintained by a public agency if the personal affiliation information was voluntarily disclosed by the donor;
(3) Any lawful warrant for personal affiliation information issued by a court of competent jurisdiction;
(4) A lawful request for discovery of personal affiliation information in litigation if the following conditions are met:
(a) The requestor demonstrates a compelling need for the personal affiliation information by clear and convincing evidence; and
(b) The requestor obtains a protective order barring disclosure of personal affiliation information to any person not named in the litigation;
(5) Admission of personal affiliation information as relevant evidence before a court of competent jurisdiction. However, no court filing may publicly reveal personal affiliation information absent a specific finding of good cause;
(6) A review of personal affiliation information necessary for a sales or use tax audit of a nonprofit corporation by the Department of Revenue; or
(7) A review of personal affiliation information necessary for purposes of an audit, examination, or investigation of a nonprofit corporation pursuant to chapter 4-11.
Source: SL 2021, ch 197, § 4.