Terms used in § 60-1-7 mean:

(1) “Delivery facilitation contractor,” a person who:

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Terms Used In South Dakota Codified Laws 60-1-8

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

(a) Enters into a written agreement with a delivery facilitation platform to use the delivery facilitation platform’s digital network to connect with customers seeking services offered by a delivery facilitation contractor;

(b) Performs services for customers through a delivery facilitation platform’s digital network in exchange for value; and

(c) Does not perform services at a physical business location operated by the delivery facilitation platform, if any, in this state.

The term does not include a person transporting freight, sealed or closed envelopes, boxes, parcels, or other similar sealed or closed containers for compensation. The term includes a transportation network company driver as defined in § 32-40-1;

(2) “Delivery facilitation platform,” a person who:

(a) Maintains a digital network to facilitate services by a delivery facilitation contractor to customers seeking those services; and

(b) Accepts requests from customers only through the delivery facilitation platform’s digital network.

The term includes a transportation network company as defined in § 32-40-1.

Source: SL 2022, ch 188, § 2.