STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

July 2, 1975

Mr. James V. Guffey, Secretary
Department of Commerce and Consumer Affairs
Capitol Building
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 75-124

Peddlers and Solicitors Law

Dear Secretary Guffey:

You have requested an official opinion from this office based on the following factual situation:

Under the current Peddlers and Solicitors Law, SDCL 37-13, peddlers are not bonded, but solicitors are required to file a $500 bond. The license issued to either is on a calendar year basis and renewable annually.

During the 1975 legislative session, Senate Bill 100 was passed which substantially amended the Peddlers and Solicitors Law. This bill provided that both solicitors and peddlers must file a $1,000 bond.

Based on the above factual situation your question is:

1. Are those persons who are licensed between January 1, 1975 and June 30, 1975 as peddlers required to be bonded for the interim period of July 1, 1975 through December 31, 1975?

2. Are those persons who are licensed as a solicitor and who have filed a bond between January 1, 1975 and June 30, 1975 required to file an increased bond in the amount of $1,000 for the time period of July 1, 1975 through December 31, 1975?

South Dakota law clearly recognizes that a legislative act is presumed to be prospective in application, unless the Legislature clearly manifests a contrary intention to give the act retrospective effect. In re Scotts Estate, 81 S.D. 231, 133 N.W. 2d 1 (1965), State ex rel. Strenge v. Westling, 130 N.W. 2d 109 (1964).

Senate Bill 100 of the 1975 Legislature as passed amended SDCL 37-13-9 to read as follows:

Every peddler or solicitor before receiving a license shall file in the office of the director of the division of consumer protection a bond to be approved by the attorney general in the penal sum of one thousand dollars conditioned for the faithful performance and payment of obligations of such peddler or solicitor arising in connection with his business as such, and for the payment of all claims for damages for which he may become liable through fraud, deceit, or otherwise in the course of his business as such peddler or solicitor.

I do not find in this amended provision or in any other section of Senate Bill 100 a clearly manifested legislative intent that the bill should have any retroactive impact. This being the case, it is my opinion that if a peddler is licensed between January 1, 1975 and June 30, 1975 such peddler need not be bonded for the remainder of 1975. It is also my opinion that if a solicitor was licensed and filed a $500 bond between January 1, 1975 and June 30, 1975 such solicitor would not need to increase the value of his bond from $500 to $1,000 until the calendar year 1976.

Respectfully submitted,

William Janklow
Attorney General

WJJ:DOC:dk