S.D. Codified Laws § 49-45-25 — SD Code / Title 49 / Chapter 45 / Section 49-45-25
Grain buyer's financial condition--Notice to commission--Penalty--Civil fine
Status: in_force

If during the licensing period a grain buyer becomes aware that the grain buyer is not in compliance with each financial standard, as set forth in the commission's rules, the grain buyer shall immediately notify the commission of the grain buyer's financial condition. When notification occurs, the commission shall immediately conduct an examination to determine if any grounds for suspension pursuant to § 49-45-16 have occurred.

A willful violation of this section that results in a financial loss to a grain supplier is punishable as theft under chapter 22-30A .

A willful violation that does not result in a financial loss to a grain supplier is a Class 1 misdemeanor.

The commission may assess, against an out-of-compliance grain buyer, a civil fine in an amount not to exceed one thousand dollars for each day the grain buyer has been out of compliance, up to a maximum of twenty thousand dollars per licensing period, as set forth in § 49-45-3 .

Source: SL 2013, ch 238, § 17, eff. Apr. 1, 2013; SL 2022, ch 174, § 5; SL 2022, ch 177, § 1.
S.D. Codified Laws § 49-16A-28 — SD Code / Title 49 / Chapter 16A / Section 49-16A-28
Directions of shipper--Conflicting directions--Delivery
Status: in_force

A railroad must comply with the directions of a shipper to the same extent that an employee must comply with those of his employer. If the directions are conflicting, the railroad must comply with those of the consignor on all matters except delivery of the freight. On delivery he must comply with directions of the consignee unless the consignor has specially forbidden the railroad to receive orders from the consignee inconsistent with his own.

Source: SDC 1939, § 8.0303; SDCL, § 49-5-3; SL 1980, ch 322, § 28.
S.D. Codified Laws § 49-34A-14 — SD Code / Title 49 / Chapter 34A / Section 49-34A-14
Suspension of proposed rate or practice pending hearing--Time
Status: in_force

Pending a hearing pursuant to § 49-34A-13 and the decision thereon, the commission may, by order, suspend the operation of the proposed rate or practice. The suspension may not last longer than one hundred eighty days after the proposed rate or practice was filed.

Source: SL 1975, ch 283, § 8; SL 2008, ch 242, § 1.
S.D. Codified Laws § 49-48-4 — SD Code / Title 49 / Chapter 48 / Section 49-48-4
Commission investigation authority--Cause of action--Application for appointment of receiver--Subpoena authority
Status: in_force

Upon receiving notice regarding an alleged violation of this chapter, the commission may investigate the allegation and, if the allegation is substantiated, may bring an action pursuant to § 49-48-5 .

To pursue the action, the commission may apply to the circuit court of Hughes County for appointment of a receiver, who shall have duties and powers as directed by the court.

Upon commencing the action, the commission may, in addition to any authority granted under §§ 15-6-28.2 to 15-6-28.4 , inclusive, subpoena any information necessary to demonstrate a violation of this chapter from:

(1) A prohibited person alleged to have violated this chapter; or

(2) Any government with authority or jurisdiction over the prohibited person.

Source: SL 2026, ch 188, § 4.
S.D. Codified Laws § 49-16A-118 — SD Code / Title 49 / Chapter 16A / Section 49-16A-118
Effect of filing--Notice of rights and interests
Status: in_force

Each record of an instrument filed with the secretary of state pursuant to § 49-16A-117 shall, from the time of reception, have the same effect, as to any property described therein, as the record of any similar instrument in the office of a register of deeds, and is notice of the rights and interests of the grantee, lessee, or mortgagee to the same extent as if it were recorded in each of the counties in which any property described therein is situated.

Source: SL 1986, ch 393, § 2.
S.D. Codified Laws § 49-13-19 — SD Code / Title 49 / Chapter 13 / Section 49-13-19
Enforcement of mandamus or other proper process for failure to obey
Status: in_force

If a telecommunications company or motor carrier disobeys the writ of mandamus or other proper process, mandatory or otherwise, issued pursuant to § 49-13-18 , the court may issue writs of attachment or other process of the court incident or applicable to writs of mandamus or other proper process, peremptory or otherwise, against the telecommunications company or motor carrier and, if it is a corporation, against one or more of its directors, officers, or agents or against any owner, lessee, trustee, receiver, or other person failing to obey the writ of mandamus or other process, mandatory or otherwise.

Source: SDC 1939, § 52.0304; SL 1987, ch 345, § 32.
S.D. Codified Laws § 49-43-26 — SD Code / Title 49 / Chapter 43 / Section 49-43-26
Certificates of weight and grade to be forwarded to warehouse and available for inspection--Violation as grounds for license revocation
Status: in_force

Any person transacting the business of a public grain warehouseman, from whose public grain warehouse grain is shipped to any terminal point at which such grain is weighed, inspected, and graded by the officer of the state wherein such terminal point is situated, and certificates of such weighing, inspection, and grading are issued by such officer, shall immediately secure from such officer, either through the consignee of such grain or otherwise, such certificates or true and correct copies thereof. Such certificates or copies shall, within ten days after issuance be transmitted and delivered to the person having immediate charge of the public grain warehouse from which such grain was shipped, and shall be open to the inspection and examination of any person who has an ownership interest in such shipment. The commission may revoke the license of any public warehouseman found, upon hearing before it, to have violated such provisions.

Source: SDC 1939, §§ 60.0320, 60.9908; SL 1983, ch 15, § 166; SL 1983, ch 331, § 15; SL 1985, ch 376, § 46.
S.D. Codified Laws § 49-34A-92 — SD Code / Title 49 / Chapter 34A / Section 49-34A-92
Promulgation of rules
Status: in_force

The secretary may promulgate rules, pursuant to chapter 1-26 , concerning the procedures for filing refund claims and the requirements necessary to qualify for a refund.

Source: SL 2001, ch 257, § 13.
S.D. Codified Laws § 49-37-19 — SD Code / Title 49 / Chapter 37 / Section 49-37-19
Contracts with municipality for sale at wholesale--Authority of municipality
Status: in_force

A consumers power district shall have authority to contract with municipalities for the sales, transmission, and delivery of electrical energy at wholesale; and a municipality shall have authority to purchase at wholesale electrical energy from a district without the granting of a franchise to such district.

Source: SL 1950 (SS), ch 17, § 71; SDC Supp 1960, § 52.1770.
S.D. Codified Laws § 49-13-9 — SD Code / Title 49 / Chapter 13 / Section 49-13-9
Hearing before any commissioner
Status: in_force

Any trial, hearing or investigation based upon a complaint may be held before any commissioner.

Source: SDC 1939, § 52.0308; SL 1987, ch 345, § 24.
S.D. Codified Laws § 49-34A-44 — SD Code / Title 49 / Chapter 34A / Section 49-34A-44
Maps of service areas to be filed by electric utilities--Boundaries assigned by commission order--Adjustment of intertwined service areas--Protest of assigned service areas
Status: in_force

On or before January 1, 1976, or, when requested in writing by an electric utility and for good cause shown, and at a further time as the Public Utilities Commission may fix by order, each electric utility shall file with the commission a map or maps showing all its electric lines outside of incorporated municipalities as they existed on March 21, 1975. Each electric utility shall also submit in writing a list of all municipalities in which it provided electric service on March 21, 1975. Where two or more electric utilities serve a single municipality, the commission may require each utility to file with the commission a map showing its electric lines within the municipality.

On or before July 1, 1976, the commission shall, after notice and hearing, establish the assigned service area or areas of each electric utility and shall prepare or cause to be prepared a map or maps to accurately and clearly show the boundaries of the assigned service area of each electric utility.

In those areas where, on March 21, 1975, the existing electric lines of two or more electric utilities were so intertwined that § 49-34A-43 cannot reasonably be applied, the commission shall, after hearing, determine the boundaries of the assigned service areas for the electric utilities involved. In making its decision, the commission shall be guided by the following conditions as they existed on March 21, 1975:

(1) The proximity of existing distribution lines to such assigned territory, including the length of time such lines have been in existence;

(2) The adequacy and dependability of existing distribution lines to provide dependable, high quality retail electric service;

(3) The elimination and prevention of duplication of distribution lines and facilities supplying such territory;

(4) The willingness and good faith intent of the electric utility to provide adequate and dependable electric service in the area to be assigned;

(5) That a reasonable opportunity for future growth within the contested area is afforded each electric utility.

Any electric utility which feels itself aggrieved by reason of an assignment of a service area may protest such assignment within a ninety - day period after issuance of the map of the assigned service areas by the commission and the commission shall have the power, after hearing, to revise or vacate such assigned service area or portions thereof consistent with the provisions of this section and § 49-34A-43 .

Source: SL 1965, ch 254, § 14; SDCL, § 49-41-12; SL 1970, ch 261, § 14; SL 1975, ch 283, §§ 32, 33, 37.
S.D. Codified Laws § 49-34A-4 — SD Code / Title 49 / Chapter 34A / Section 49-34A-4
Regulatory powers of commission--Rules
Status: in_force

The commission shall regulate to the extent provided in this chapter every public utility as defined in this chapter. The commission may promulgate rules pursuant to chapter 1-26 in furtherance of the purposes of this chapter concerning:

(1) Procedures and requirements for applications for rate and tariff changes;

(2) Requirements for gas and electric utilities to maintain and make available to the public and the commission records and information;

(3) Requirements and procedures regarding customer billings and meter readings;

(4) Requirements regarding availability of meter tests;

(5) Requirements regarding billing adjustments for meter errors;

(6) Procedures and requirements for handling customer disputes and complaints;

(7) Procedures and requirements regarding temporary service, changes in location of service and service interruptions;

(8) Standards and procedures to ensure nondiscriminatory credit policies;

(9) Procedures, requirements and record-keeping guidelines regarding deposit policies;

(10) Procedures, requirements and record-keeping guidelines regarding customer refunds;

(11) Policies for refusal of gas or electric service;

(12) Policies for disconnection and transfer of gas and electric service;

(13) Customer payment plans for delinquent bills;

(14) Requirements regarding advertising; and

(15) Procedures and requirements for applications for tariff mechanisms seeking the automatic annual adjustment of charges for the jurisdictional costs of new or modified transmission facilities under the provisions of § 49-34A-25.1 .

Source: SL 1975, ch 283, § 6; SL 1986, ch 22, § 23; SL 1990, ch 371, § 3; SL 2006, ch 239, § 6.
S.D. Codified Laws § 49-40-6 — SD Code / Title 49 / Chapter 40 / Section 49-40-6
Allocation of bonded indebtedness as between municipality and other transferee--Terms of court award
Status: in_force

When the sum that is fair and reasonable shall have been determined as provided in § 49-40-5 , the court shall deduct therefrom and allow as a credit upon such sum an amount that bears the same proportion to such sum as the amount of the bonds that have been paid, redeemed or liquidated, and the reserves established therefor by said district, out of the earnings from the operation of the district while such municipality was within and a part of such district, bears to the total amount of the bonded indebtedness of such district issued to finance the purchase price and the cost of construction of the entire property of such district. In entering its award the court shall show how much of the total thereof was allowed for the physical property taken and how much was allowed for other values and damages, if any.

Source: SL 1950 (SS), ch 17, § 65; SDC Supp 1960, § 52.1764.
S.D. Codified Laws § 49-16A-38 — SD Code / Title 49 / Chapter 16A / Section 49-16A-38
Joint through rates required--Duty to receive and transport freight and cars
Status: in_force

All railroads doing business in this state shall establish reasonable joint through rates for the transportation of freight between points upon their respective lines within this state, and shall receive and transport freight and cars over such route or routes as the shipper may direct.

Source: SL 1980, ch 322, § 38.
S.D. Codified Laws § 49-7-13.1 — SD Code / Title 49 / Chapter 7 / Section 49-7-13.1
Condemnation of pipeline right-of-way--Prohibited for carbon oxide pipeline
Status: in_force

Notwithstanding the provisions of any other law, a person may not exercise the right of eminent domain to acquire right-of-way for, construct, or operate a pipeline for the preponderant purpose of transporting carbon oxide.

Source: SL 2025, ch 190, § 1.
S.D. Codified Laws § 49-35-27 — SD Code / Title 49 / Chapter 35 / Section 49-35-27
Amendment of petition to change name or principal place of business--Changing number of directors--Changes authorized by directors
Status: in_force

Any district may amend its petition to provide for a change in its name or change in the location of its principal place of business and may reduce or increase the number of members of its board of directors. No elimination or detachment, increase, enlargement, annexation, or consolidation of the territory of a district, or change in its principal place of business, its name or the number of members of its board of directors, may occur unless authorized by the directors of the district involved. The amendment shall comply with the requirements of 49-36-4 and shall be filed forthwith in the Office of the Secretary of State.

Source: SL 1950 (SS), ch 17, § 73; SDC Supp 1960, § 52.1772; SL 1989, ch 403, § 3; SL 1998, ch 276, § 21; SL 2003, ch 114, § 2.
S.D. Codified Laws § 49-33-1 — SD Code / Title 49 / Chapter 33 / Section 49-33-1
Incorporation of company--Articles of incorporation--Perpetual existence--Reinstatement of articles as amended
Status: in_force

Any number of persons, not less than three, may form a corporation for the purpose of constructing, maintaining and operating a street railway or railways or for the purpose of generating, transmitting or distributing electricity, the same to be sold to or used by the public for heat, light or power, by making and executing articles of incorporation in compliance with §§ 47-1A-202 to 47-1A-202.3 , inclusive, and §§ 47-1A-627 to 47-1A-627.2 , inclusive. Such corporation shall exist perpetually unless otherwise stated in its articles of incorporation and shall have the power to engage in other businesses set forth therein.

Any corporation organized under chapter 49-33 may at any time restate its articles of incorporation as theretofore amended by a resolution adopted by its board of directors. The secretary of state shall accept the restated articles of incorporation for filing upon receipt of a certified copy of said resolution.

Source: SDC 1939, § 52.1501; SL 1947, ch 236, § 1; SL 1986, ch 396, § 1; SL 2005, ch 202, § 9.
S.D. Codified Laws § 49-41B-30 — SD Code / Title 49 / Chapter 41B / Section 49-41B-30
Circuit court review of commission decision by aggrieved party--Procedures
Status: in_force

Any party to a permit issuance proceeding aggrieved by the final decision of the Public Utilities Commission on an application for a permit, may obtain judicial review of that decision by filing a notice of appeal in circuit court. The review procedures shall be the same as that for contested cases under chapter 1-26 .

Source: SL 1977, ch 390, § 22; SL 1982, ch 332, § 4.
S.D. Codified Laws § 49-33-25 — SD Code / Title 49 / Chapter 33 / Section 49-33-25
Certificate of issuance of preferred stock--Filing with secretary of state
Status: in_force

Upon the creation of any series of preferred stock pursuant to § 49-33-24 and before the issuance of any shares thereof, the number of shares of such series and the designation, characteristics, and terms thereof provided for in such resolution or resolutions shall be set forth in a certificate made by the corporation, signed by its president or vice - president under the corporate seal, attested by its secretary or an assistant secretary and acknowledged or proved, as in the case of deeds of real estate, which certificate shall be filed in the Office of the Secretary of State.

Source: SDC 1939, § 52.1518 as enacted by SL 1949, ch 211.
S.D. Codified Laws § 49-16A-26 — SD Code / Title 49 / Chapter 16A / Section 49-16A-26
Preference to federal and state governments
Status: in_force

A railroad must always give a preference in time and may give a preference in price to the United States and to this state for transportation of freight under a declaration of emergency by the Governor.

Source: SL 1980, ch 322, § 26.
S.D. Codified Laws § 49-31-97 — SD Code / Title 49 / Chapter 31 / Section 49-31-97
"Subscriber" defined
Status: in_force

For the purpose of §§ 49-31-89 to 49-31-97 , inclusive, the term, subscriber, means any person who contracts with a telecommunications company for telecommunications services.

Source: SL 1999, ch 227, § 9.
S.D. Codified Laws § 49-32-12 — SD Code / Title 49 / Chapter 32 / Section 49-32-12
Storage or maintenance of equipment or structure in proximity to high voltage line prohibited--Violation as misdemeanor
Status: in_force

No person may, individually or through an agent or employee, and no person as an agent or employee of another person, may store, operate, erect, maintain, move or transport any tools, machinery, equipment, supplies, materials, apparatus, house or other building, or any part thereof, within six feet of any high voltage overhead conductor. A violation of this section is a Class 2 misdemeanor.

Source: SL 1973, ch 288, § 3; SL 1983, ch 15, § 131.
S.D. Codified Laws § 49-16A-93 — SD Code / Title 49 / Chapter 16A / Section 49-16A-93
Fencing right-of-way--Noncompliance by railroad--Construction by owner--Liability of railroad
Status: in_force

If a railroad neglects or refuses to comply with the requirements of §§ 49-16A-91 and 49-16A-92 , the owner of the tract may construct or repair the fence along the road, and the railroad is liable to the owner for an amount not exceeding the actual cost of all materials used in the construction or repair of the fence of like construction but excluding all cost of labor, which may be recovered in a civil action. The railroad is also liable for all damages accruing by reason of its neglect or refusal. However, a railroad is not required to build fences nor be liable for any damages for refusal to build fences when the earth is frozen.

Source: SDC 1939, § 52.0912; SDCL, § 49-20-24; SL 1969, ch 199; SL 1976, ch 294, § 26; SL 1980, ch 322, § 92.
S.D. Codified Laws § 49-46-5 — SD Code / Title 49 / Chapter 46 / Section 49-46-5
Liability of utility arranging loans or installation for customer
Status: in_force

No covered utility that arranges for a lender to make a loan to, or an installer to perform work for an eligible customer is liable in any cause of action between such customer and such lender or installer, unless the utility is the lender or installer. No covered utility is liable to a customer for any claim arising out of a post - installation inspection required and conducted under the state plan, unless the utility is the lender, installer, or supplier.

Source: SL 1981, ch 345, § 5.
S.D. Codified Laws § 49-33-15 — SD Code / Title 49 / Chapter 33 / Section 49-33-15
Director as stockholder--Minimum stock ownership
Status: in_force

No person shall be a director of a corporation organized under this chapter unless he is a stockholder thereof owning absolutely in his own right, or as trustee or personal representative, at least ten shares of the capital stock of such corporation and must be duly qualified to vote such stock at the election at which he shall be chosen.

Source: SDC 1939, § 52.1504.
S.D. Codified Laws § 49-17-24 — SD Code / Title 49 / Chapter 17 / Section 49-17-24
Contracts for improvement of freight service
Status: in_force

The Department of Transportation, with the approval of the South Dakota Transportation Commission, may enter into agreements with railroad corporations, the United States government, persons, municipalities, counties, or regional railroad authorities for carrying out the purposes of §§ 49-17-22 and 49-17-23 .

Source: SL 1978, ch 342, § 3.
S.D. Codified Laws § 49-41B-36 — SD Code / Title 49 / Chapter 41B / Section 49-41B-36
Authority to route or locate facilities not delegated to commission
Status: in_force

Nothing in this chapter is a delegation to the commission of the authority to route a transmission facility, or to designate or mandate location of an energy conversion facility, AC/DC conversion facility, solar energy facility, or wind energy facility.

Source: SL 1977, ch 390, § 2; SL 2005, ch 250, § 5; SL 2006, ch 242, § 6; SL 2019, ch 200, § 3.
S.D. Codified Laws § 49-17A-39 — SD Code / Title 49 / Chapter 17A / Section 49-17A-39
Disposition of property of authority
Status: in_force

Except as may be limited by the terms and conditions of any grant, loan, or agreement, made or received by the authority, an authority may, by sale, lease, or otherwise, dispose of any of its property, or portion thereof or interest therein.

Source: SL 1978, ch 344, § 36.
S.D. Codified Laws § 49-31-12.1 — SD Code / Title 49 / Chapter 31 / Section 49-31-12.1
Tariff as prima facie evidence of reasonableness--Commission certified as true copy
Status: in_force

Any tariff, or a certified copy, approved pursuant to § 49-31-1.4 , 49-31-12 , 49-31-12.2 , 49-31-12.4 , or 49-31-12.5 , shall be received in evidence as an official tariff on file with the commission, without further proof. The commission shall certify that the tariff in question is a true copy of the original on file with the commission and that it is currently in effect. The tariff shall, in any suit brought against a company, constitute prima facie evidence that the rates or prices approved thereby are fair and reasonable.

Source: SDC 1939, § 52.0216; SDCL, §§ 49-10-4, 49-10-5; SL 1979, ch 307, § 57; SL 1987, ch 345, § 56; SL 1988, ch 375, § 17; SL 1992, ch 328, § 17.
S.D. Codified Laws § 49-34-1 — SD Code / Title 49 / Chapter 34 / Section 49-34-1
Use of public way for transmission facilities
Status: in_force

Subject to the provisions of §§ 31-26-1 to 31-26-8 , inclusive, any municipal corporation or county may grant to any corporation organized under chapter 49-33 , upon such terms as the proper authorities thereof shall determine, the use of any street, highway, turnpike, or bridge within its limits for the purpose of transmitting or distributing electricity, or for the purpose of laying single or double tracks and running cars thereon for the carriage of freight and passengers, to be propelled by animal, electric, or mechanical power, with all the necessary turnouts, curves, and switches and other conveniences for the transmission of electric power and the laying and operation of such railroad along such highway shall not be held to be an additional burden.

Source: SDC 1939, § 52.1510.
S.D. Codified Laws § 49-41B-2.2 — SD Code / Title 49 / Chapter 41B / Section 49-41B-2.2
Modified facility defined
Status: in_force

For the purposes of this chapter, a facility is considered to be modified if:

(1) A gas or liquid transmission line that did not meet the definition of a transmission facility prior to building the line is to be modified in such a way that the line will meet the definition of a transmission facility after the modification is complete. No permit is required for steel pipe and associated facilities, as described in subsection 49-41B-2.1 (2)(b), operating on July 1, 2010, that have been historically calculated at an ongoing constant pressure of less than twenty percent of specified minimum yield strength unless the pipeline operator intends to increase the ongoing constant pressure to twenty percent or more. No permit is required for plastic pipe and associated facilities, as described in subsection 49-41B-2.1 (2)(b), operating on July 1, 2010, that have been historically calculated at an ongoing constant pressure of less than fifty percent of the design pressure unless the pipeline operator intends to increase the ongoing constant pressure to fifty percent or more;

(2) An electric transmission line that does not meet the definition of a transmission facility prior to building the line is to be modified in such a way that the line will meet the definition of a transmission facility after the modification is complete or the nameplate carrying capacity of an electric transmission facility is to be increased by an additional twenty kilovolts or greater; or

(3) The nameplate generating capacity of an energy conversion facility is to be increased by a net additional one hundred megawatts or greater.

Source: SL 2010, ch 226, § 3.
S.D. Codified Laws § 49-32-5 — SD Code / Title 49 / Chapter 32 / Section 49-32-5
Minimum height of telecommunications facilities or wires--Violation as petty offense
Status: in_force

It is a petty offense for a person owning or operating telecommunications facilities or electric lines, or any part of such facilities or lines in this state to intentionally extend telecommunications facilities or electric wires, any part of which is less than eighteen feet from the ground, over or across a public highway.

Source: SDC 1939, § 13.1624; SL 1983, ch 15, § 127; SL 1987, ch 345, § 89.
S.D. Codified Laws § 49-45-13.1 — SD Code / Title 49 / Chapter 45 / Section 49-45-13.1
Memorandum of adjustments--Civil fine for failure to comply
Status: in_force

Upon completing an inspection, an inspector may issue a memorandum of adjustments. The commission may assess a civil fine in the amount of two hundred dollars for failure to comply with the memorandum of adjustments within thirty days. After thirty days, each day that the memorandum goes uncorrected may be considered a separate offense.

Source: SL 2008, ch 251, § 13.
S.D. Codified Laws § 49-31-86.1 — SD Code / Title 49 / Chapter 31 / Section 49-31-86.1
Limitation on promotions
Status: in_force

No telecommunications company may offer any promotion exempt from the provisions of § 49-31-86 more than twice in any calendar year. No telecommunications company may run any such promotions consecutively. No benefit from a promotion may be extended to any customer beyond the promotion period.

Source: SL 1999, ch 226, § 2.
S.D. Codified Laws § 49-28-72 — SD Code / Title 49 / Chapter 28 / Section 49-28-72
Intermodal equipment agreements
Status: in_force

Sections 49-28-70 and 49-28-71 do not apply to the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or any other agreement providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment.

Source: SL 2012, ch 228, § 3.
S.D. Codified Laws § 49-36-1.2 — SD Code / Title 49 / Chapter 36 / Section 49-36-1.2
Endorsement of candidate by political party punishable as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any political party to endorse or nominate by any convention, or other method, any candidate for director.

Source: SL 1989, ch 403, § 6.
S.D. Codified Laws § 49-17A-40 — SD Code / Title 49 / Chapter 17A / Section 49-17A-40
Citation of chapter
Status: in_force

This chapter may be cited as the "Regional Railroad Authorities Act."

Source: SL 1978, ch 344, § 39.
S.D. Codified Laws § 49-31-123 — SD Code / Title 49 / Chapter 31 / Section 49-31-123
Law enforcement permitted to obtain confidential communications records pursuant to subpoena or court order
Status: in_force

Sections 49-31-120 to 49-31-126 , inclusive, may not be construed to prevent any action by a law enforcement agency, or any officer, employee, or agent of a law enforcement agency, to obtain confidential communications records information from a communications provider pursuant to a subpoena or court order.

Source: SL 2006, ch 238, § 4.
S.D. Codified Laws § 49-36-1.10 — SD Code / Title 49 / Chapter 36 / Section 49-36-1.10
Reduction in number of nominees through death, withdrawal or disqualification--Availability of nominating petition
Status: in_force

If after nominations have been made under the provisions of this chapter and the number of nominees for a director office shall be reduced through death, withdrawal or disqualification of a nominee, the registered voters of the district may, if there is sufficient time for filing a nominating petition pursuant to § 12-8-6 , nominate one or more candidates for such director office by a petition otherwise complying with § 49-36-1.3 .

Source: SL 1989, ch 403, § 14.
S.D. Codified Laws § 49-33-3 — SD Code / Title 49 / Chapter 33 / Section 49-33-3
Affidavit of incorporators--Contents--Filing with secretary of state--Fee of secretary
Status: in_force

There shall be annexed to the articles of incorporation described by § 49-33-1 an affidavit, signed by at least three of the incorporators therein, setting forth that the signatures thereto are genuine and that it is intended in good faith to construct or maintain and operate the street railway or railways or electric lighting and power plants therein referred to, and thereupon such articles shall be filed in the office of the secretary of state, who shall endorse thereon the date thereof and record the same in a book to be kept by him for that purpose. The secretary of state shall be entitled to the same fees provided by law for the filing and recording of articles of incorporation in this state; like fees shall be paid for any amendment at any time of the original articles.

Source: SDC 1939, § 52.1501 (5); SL 1947, ch 236, § 1; SDC Supp 1960, § 52.1501 (6).
S.D. Codified Laws § 49-37-22 — SD Code / Title 49 / Chapter 37 / Section 49-37-22
Just compensation for use of state waters--Amount of compensation
Status: in_force

No inferior right to the use of the waters of this state shall be acquired by a superior right without just compensation therefor to the inferior user. The just compensation paid to those using water for power purposes shall not be greater than the cost of replacing the power which would be generated in the plant or plants of the power user by the water so acquired.

Source: SL 1950 (SS), ch 17, § 79; SDC Supp 1960, § 52.1778.
S.D. Codified Laws § 49-31-15 — SD Code / Title 49 / Chapter 31 / Section 49-31-15
Access to telecommunications facilities--Application to commission--Order requiring access--Apportionment of expenses
Status: in_force

The commission may compel access to any telecommunications facilities in this state. Any telecommunications company desiring access to any other company's facilities shall, if access is refused, make an application to the commission. Upon receipt of the application, the commission shall ascertain the facts in the case. If in its judgment the public service demands the access and the facilities of the applicant are in proper condition, the commission may order the access upon such terms and conditions that are found to be in the public interest and apportion the expense of the access.

Source: SDC 1939, § 52.1316; SL 1947, ch 235; SL 1987, ch 345, § 62; SL 1992, ch 328, § 23.
S.D. Codified Laws § 49-32A-15 — SD Code / Title 49 / Chapter 32A / Section 49-32A-15
District treasurer--Separate fund--Disbursements on warrants
Status: in_force

The treasurer of the county with the largest population in the district shall be the treasurer for the district and hold the funds appropriated by that county and funds appropriated by any other county shall be forwarded to him and deposited in a separate fund to be disbursed by him upon warrants drawn by the trustees, at least two of whom shall sign any warrant for the disbursement of the funds by the county treasurer.

Source: SL 1976, ch 76, § 8; SL 1979, ch 315, § 6.
S.D. Codified Laws § 49-17A-25 — SD Code / Title 49 / Chapter 17A / Section 49-17A-25
Acceptance and expenditure of federal and other grants and loans
Status: in_force

An authority may accept, receive, receipt for, disburse, and expend federal and state moneys and other moneys, public or private, made available by grant or loan or both, to accomplish, in whole or in part, any of the purposes of this chapter.

Source: SL 1978, ch 344, § 23.
S.D. Codified Laws § 49-31-37 — SD Code / Title 49 / Chapter 31 / Section 49-31-37
Obtaining telecommunications service without payment as theft
Status: in_force

Any person who obtains telecommunications service by the use of a false, revoked, counterfeit or nonexistent credit card, or who obtains telecommunications service by charging the price for such service to a false or nonexistent telephone number or to an existing telephone number without the authority of the holder thereof, or who, through the use of any scheme or device, obtains the transmission of a communication without payment of the lawful charges is guilty of theft.

Source: SDC 1939, § 131.1832 as enacted by SL 1959, ch 38; SL 1969, ch 31; SL 1973, ch 285; SL 1983, ch 15, § 124; SL 1987, ch 345, § 72.
S.D. Codified Laws § 49-16A-104 — SD Code / Title 49 / Chapter 16A / Section 49-16A-104
Authority of regular law enforcement officers unaffected--Responsibility for acts of railroad police
Status: in_force

Nothing in § 49-16A-102 or 49-16A-103 shall be so construed as to restrict the lawful rights, powers, or privileges of a law enforcement officer within his respective jurisdiction. A railroad making an appointment pursuant to § 49-16A-102 is responsible for the acts of its policemen to the same extent as for the acts of any of its general agents or employees.

Source: SDC 1939, § 52.1201; SDCL, § 49-27-3; SL 1980, ch 322, § 103.
S.D. Codified Laws § 49-7A-20 — SD Code / Title 49 / Chapter 7A / Section 49-7A-20
Each violation as separate offense
Status: in_force

Each violation of any statute or rule of the Statewide One - Call Notification Board constitutes a separate offense. In the case of a continuing violation, each day that the violation continues constitutes a separate violation.

Source: SL 2002, ch 211, § 14.
S.D. Codified Laws § 49-37-20 — SD Code / Title 49 / Chapter 37 / Section 49-37-20
Other contracts with municipalities--Authority of municipality
Status: in_force

Contracts, other than franchises, which any municipality is empowered to make with any consumers power district to furnish such municipality, or its inhabitants, with electrical energy, shall be made in the same manner and upon the same terms and conditions as such municipality is now or hereafter empowered to make with any private corporation to furnish such municipality, or its inhabitants, with electrical energy.

Source: SL 1950 (SS), ch 17, § 72; SDC Supp 1960, § 52.1771.
S.D. Codified Laws § 49-28A-1 — SD Code / Title 49 / Chapter 28A / Section 49-28A-1
Definition
Status: in_force

The term, "motor vehicle", as used in this chapter means any self - propelled or towed vehicle used on the highways in commerce to principally transport passengers or cargo:

(1) If the vehicle has a gross vehicle weight of ten thousand and one or more pounds;

(2) If the vehicle is designed to transport more than fifteen passengers, including the driver; or

(3) If the vehicle is used in the transportation of materials found by the United States Department of Transportation to be hazardous for the purpose of the Hazardous Materials Transportation Act, as amended (49 U.S.C. § 1801 et seq.).

Source: SL 1984, ch 309, § 1; SL 1993, ch 235, § 5.
S.D. Codified Laws § 49-16A-23 — SD Code / Title 49 / Chapter 16A / Section 49-16A-23
Common carrier obligations--Limitation
Status: in_force

The common carrier obligations of a railroad cannot be limited by general notice, but may be limited by special contract in writing.

Source: SL 1980, ch 322, § 23.
S.D. Codified Laws § 49-16B-1 — SD Code / Title 49 / Chapter 16B / Section 49-16B-1
Legislative declarations--Public participation in railroad ownership and operation
Status: in_force

It is hereby declared:

(1) That there exists within the state a serious emergency as a result of the imminent abandonment by railroads of substantial services which they have provided within the state, and the deteriorated condition of their properties and facilities;

(2) That the abandonment of service and the deteriorated condition of railroad properties and facilities within the state has had and will continue to have a serious adverse effect upon the development of the state's resources and the improvement of its economic facilities and seriously interfere with the flow of commerce within the state, including the production and marketing of agricultural and manufactured commodities;

(3) That the deteriorated condition of railroad properties and facilities and the abandonment of railroad service also places upon the state's highways additional burdens which cannot be sustained by them without irreparable damage;

(4) That neither the improvement of railroad properties and facilities nor the continued provision of abandoned railroad service can be accomplished without public participation in the operation and ownership of railroad properties and facilities and the conduct of railroad services;

(5) That for the foregoing reasons, it is to the economic benefit of the state for the Legislature to foster and encourage public participation in the ownership of railroad properties and facilities and the conduct of railroad services and that measures for such purposes should be adopted to permit such public participation as soon as practicable.

Source: SL 1980, ch 323, § 1.
S.D. Codified Laws § 49-2-10 — SD Code / Title 49 / Chapter 2 / Section 49-2-10
Compensation of carrier
Status: in_force

A common carrier is entitled to a reasonable compensation and no more. He may require payment in advance. If payment is refused, he may refuse to carry.

Source: SDC 1939, § 8.0805.
S.D. Codified Laws § 49-16B-39 — SD Code / Title 49 / Chapter 16B / Section 49-16B-39
Payment of interim notes contemporaneously with issue of revenue bonds or escrow of bond proceeds for future repayment
Status: in_force

Contemporaneously with the issue of revenue bonds as provided by this chapter, all interim notes, even though they may not then have matured, shall be paid, both principal and interest to date of payment, from the funds derived from the sale of revenue bonds for the permanent financing and such interim notes shall be surrendered and canceled, or the proceeds at the sale of said bonds, excepting the accrued interest received, shall be used to purchase direct obligations of the United States of America so long as such obligations will mature at such time or times, with interest thereon or the proceeds received therefrom, to provide funds adequate to pay when due or called for redemption prior to maturity the notes to be refunded, together with the interest accrued thereon and any redemption premium due thereon, and such proceeds or obligations of the United States of America shall, with all other funds legally available for such purpose, be deposited in escrow with a banking corporation, or national banking association, located in and doing business in the State of South Dakota, with power to accept and execute trusts, or any successor thereto, which is also a member of the federal deposit insurance corporation and of the federal reserve system, to be held in an irrevocable trust solely for and until the payment and redemption of the notes so to be refunded, and any balance remaining in said escrow after the payment and retirement of the notes to be refunded shall be returned to said authority to be used and held for use as revenues pledged for the payment of said refunding bonds.

Source: SL 1980, ch 323, § 35.
S.D. Codified Laws § 49-32A-8 — SD Code / Title 49 / Chapter 32A / Section 49-32A-8
Appointment of successor trustees--Term of office--Filling of vacancies
Status: in_force

Trustees appointed pursuant to § 49-32A-7 shall hold office for the term of their respective appointment or until their successors are appointed and qualified; at the end of the respective terms of the trustees, the board of county commissioners shall appoint a new trustee for a three - year term, and in case of a vacancy by death, resignation, removal from the district or otherwise a trustee shall be appointed by the board of county commissioners to fill such vacancy to the end of the term of such trustee.

Source: SL 1976, ch 76, § 5.
S.D. Codified Laws § 49-28A-7 — SD Code / Title 49 / Chapter 28A / Section 49-28A-7
Accident involving spill or leakage--Notice--Coordination of actions
Status: in_force

In the event of an accident resulting in a spill or leakage of a hazardous material, the motor carrier or the first law enforcement officer to arrive at the scene of the accident shall immediately contact the Department of Public Safety. The Department of Public Safety shall coordinate all actions in response to a spill or leakage of a hazardous material.

Source: SL 1981, ch 241, § 4; SDCL Supp, § 32-9-51; SL 1984, ch 309, § 5; SL 2006, ch 235, § 2.
S.D. Codified Laws § 49-7A-1 — SD Code / Title 49 / Chapter 7A / Section 49-7A-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Bar test survey," a leakage survey completed with a non-conductive piece of equipment made by driving or boring small holes in the ground at regular intervals along the route of an underground gas pipe for the purpose of extracting a sample of the ground atmosphere and testing the atmosphere in the holes with a combustible gas detector or other suitable device;

(2) "Board," One-Call Notification Board;

(3) "Emergency," an occurrence which demands immediate action to prevent significant environmental damage or loss of life, health, property, or essential public services including the reerecting of critically needed traffic control signs or devices;

(4) "Excavation," any operation in which earth, rock, or other material in or below the ground is moved or otherwise displaced by means of tools, equipment, or explosives, and includes grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, and cable or pipe plowing or driving, except:

(a) Tilling of soil and gardening to a depth of twelve inches and the tilling of soil for agricultural purposes to a depth of eighteen inches;

(b) Pot hole repair and grading of an existing public road if the pot hole repair and grading does not extend more than eighteen inches below the finished roadway;

(c) Any vehicle operation or operation involving the use of any hand tool, other than a power tool, so long as such operation does not extend more than eighteen inches below the surface of the groundline within the right-of-way;

(d) Any road and ditch repair or road and ditch activity that does not extend more than eighteen inches below the surface of the original groundline within the right-of-way;

(e) Digging in a cemetery;

(f) Digging in a planned sanitary landfill; and

(g) Any bar test survey deemed necessary by an operator in response to a suspected natural gas, propane, or other combustible liquid or gas leak that is necessary to ensure public safety in an emergency;

(5) "Excavator," any person who performs excavation;

(6) "Member," any member of the one-call notification center;

(7) "One-call notification center," the statewide one-call notification center established by § 49-7A-2 ;

(8) "Operator," any person who operates an underground facility;

(9) "Person," an individual, partnership, limited liability company, association, municipality, state, county, political subdivision, utility, joint venture, or corporation, and includes the employer of an individual;

(10) "Underground facility," any item of personal property buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic, telephonic or telegraphic communications, fiber optics, cablevision, electric energy, oil, gas, hazardous liquids, or other substances including pipes, sewers, conduits, cables, valves, lines, wires, manholes, and attachments.

Source: SL 1993, ch 346, § 1; SL 1994, ch 351, § 132; SL 1994, ch 354, § 1; SL 2007, ch 264, § 1; SL 2010, ch 219, § 1.
S.D. Codified Laws § 49-34-16 — SD Code / Title 49 / Chapter 34 / Section 49-34-16
Unauthorized or fraudulent connection as misdemeanor--Civil liability unaffected
Status: in_force

It is a Class 2 misdemeanor for any person without lawful authority to connect or cause to be connected with a main or service pipe or conductor of heat, refrigeration, air conditioning, gas, water or electricity, a pipe, wire or other device for the purpose of obtaining gas, water, electrical current, heat or other service therefrom; or to, with intent to defraud, connect or cause to be connected with any meter installed by such company for the purpose of registering the amount of gas, water, electricity, heat or other service supplied to a customer, any pipe, wire or other device, or to disconnect, change, or in any manner interfere with any such meter or any pipe, wire or appliance connected therewith, so that such meter will not measure or register the full amount of gas, water, electricity, heat or other service supplied to a customer. Nothing in this section shall affect the right of a service company to recover by an action at law for the loss of gas, water, electricity, heat or other service, or any injury caused by such unlawful connection.

Source: SDC 1939, § 13.1813; SL 1983, ch 15, § 138.
S.D. Codified Laws § 49-31-50.3 — SD Code / Title 49 / Chapter 31 / Section 49-31-50.3
Approval of vouchers--Warrants
Status: in_force

The secretary of the Department of Human Services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by §§ 49-31-50 to 49-31-50.3 , inclusive.

Source: SL 2005, ch 246, § 4.
S.D. Codified Laws § 49-45-1 — SD Code / Title 49 / Chapter 45 / Section 49-45-1
Grain buyer's license--Penalty--Civil fine
Status: in_force

Before transacting the business of a grain buyer in this state, a person shall obtain a grain buyer license from the commission.

A violation of this section is a Class 5 felony if the person holds himself or herself out to be a grain broker and a Class 1 misdemeanor in all other cases. Each purchase of grain without a license is a separate offense.

A grain buyer transacting business without a license may be enjoined upon complaint of the commission.

The commission may assess a civil fine against an unlicensed grain buyer in the amount of five thousand dollars for each purchase of grain, up to a maximum fine of fifty thousand dollars per licensing period, as set forth in § 49-45-3 .

For purposes of this section, the term, purchase of grain, means a transaction evidenced by the issuance of a uniform scale ticket or receipt, as described in § 49-45-10.1 .

Source: SL 1949, ch 434, § 1; SL 1957, ch 488; SDC Supp 1960, § 60.0335; SL 1983, ch 15, § 174; SL 1985, ch 376, § 71; SL 1992, ch 332, § 5; SL 2008, ch 251, § 1; SL 2022, ch 174, § 4; SL 2022, ch 175, § 1.
S.D. Codified Laws § 49-31-82 — SD Code / Title 49 / Chapter 31 / Section 49-31-82
Certain resale restrictions permitted
Status: in_force

It is recognized that certain resale restrictions may be necessary to prevent unfair competition, preserve universal service and otherwise protect the public interest. The commission may permit reasonable and nondiscriminatory resale restrictions proposed by local exchange carriers that are consistent with 47 U.S.C. § 251(c)(4) and that do not constitute a barrier to entry under 47 U.S.C. § 253(a). The commission may adopt rules pursuant to chapter 1-26 to implement this section.

Source: SL 1998, ch 274, § 24.
S.D. Codified Laws § 49-33-14.2 — SD Code / Title 49 / Chapter 33 / Section 49-33-14.2
Annual and special meetings of stockholders--Quorum--Notice
Status: in_force

All annual and special meetings of stockholders of a corporation organized under chapter 49-33 shall be called by the board of directors. The quorum required for such meetings shall be set forth in the bylaws of the corporation. Written notice stating the place, day and hour of the meeting and, in case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered not less than ten nor more than fifty days before the date of the meeting, either personally or by mail, or by or at the direction of the president or secretary, to each stockholder of record, as of the record date, entitled to vote at such meeting. However, in order to comply with S.D. Const., Art. XVII, § 8, if at an annual or special stockholders' meeting, the stockholders are to vote, either as a single matter or as one matter among another or more matters, on an increase in the stock or indebtedness of the corporation, the notice of such meeting shall be delivered, personally or by mail, not less than sixty nor more than eighty days before the date of the meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail addressed to the stockholder at his address as it appears on the stock transfer books of the corporation, with postage thereon prepaid.

Source: SL 1986, ch 396, § 3.
S.D. Codified Laws § 49-16A-24 — SD Code / Title 49 / Chapter 16A / Section 49-16A-24
Bill of lading or contract for carriage--Shipper's acceptance as assent to terms
Status: in_force

By accepting a bill of lading or written contract for carriage with knowledge of its terms, a shipper assents to the rate of hire and the time, place, and manner of delivery stated. His assent to any other modification of a railroad's rights or obligations contained in a bill of lading or other written contract can be manifested only by his signature to the same.

Source: SL 1980, ch 322, § 24.
S.D. Codified Laws § 49-34A-84 — SD Code / Title 49 / Chapter 34A / Section 49-34A-84
Requirements for refund
Status: in_force

The refund pertains only to project costs incurred and paid after July 1, 2001. The refund pertains only to project costs that were incurred and paid within thirty - six months of the approval of the application required by §§ 49-34A-80 to 49-34A-92 , inclusive. No refund may be made unless:

(1) The project costs exceed five hundred thousand dollars; and

(2) The person applying for the refund obtains a permit from the secretary as set forth in § 49-34A-86 .

Source: SL 2001, ch 257, § 5.
S.D. Codified Laws § 49-34B-11 — SD Code / Title 49 / Chapter 34B / Section 49-34B-11
Initial inspection fee for intrastate operators--Filing objection--Delinquency fee--Fees credited to pipeline safety account
Status: in_force

An initial inspection fee shall be assessed on July 1, 1994, to all intrastate gas pipeline operators. The initial inspection fee is one hundred thousand dollars and shall be prorated among all intrastate gas pipeline operators based on their number of meters or miles of line, whichever is applicable, which are in service on December 31, 1993. To the extent it has jurisdiction, the commission shall allow the operator full rate recovery of the initial inspection fee. The operator may, within thirty days after the assessment is mailed, file written objections with the commission stating the grounds upon which it claims that the assessment is not reasonable. The commission shall within thirty days of receiving such objections hold a hearing and issue an order in accordance with its findings as to the proper amount to be assessed to the operator. The order may be appealed pursuant to chapter 1-26 . If an operator does not pay, or object to, the initial inspection fee within thirty days after the assessment was mailed, the commission may impose a delinquency fee of ten percent of the initial inspection fee and interest at the rate of fifteen percent per year on the portion of the fee not paid. Fees collected under this section shall be credited to the pipeline safety account established in § 49-34B-9 . Any interest earned on money in the fund shall be deposited in the fund. The money is continuously appropriated to the use of the commission to implement and administer the provisions of this chapter.

Source: SL 1994, ch 357, § 10.
S.D. Codified Laws § 49-17A-34 — SD Code / Title 49 / Chapter 17A / Section 49-17A-34
Bonds exempt from taxation
Status: in_force

Bonds issued by an authority pursuant to the provisions of this chapter, together with interest and income therefrom, shall be exempt from all taxes.

Source: SL 1978, ch 344, § 32.
S.D. Codified Laws § 49-37-16 — SD Code / Title 49 / Chapter 37 / Section 49-37-16
Charges for services--Discrimination prohibited
Status: in_force

The board of directors of any district organized under chapter 49-35 shall have the power and be required to fix, establish and collect adequate rates, tolls, rents, and other charges, for electrical energy, and for any services or facilities sold, furnished or supplied by the district, which rates, tolls, rents, and charges shall be fair, reasonable, nondiscriminatory, and so adjusted as in a fair and equitable manner to confer upon and distribute among the users and consumers of services furnished or sold by the district the benefits of a successful operation and conduct of the business of the district.

Source: SL 1950 (SS), ch 17, § 67; SDC Supp 1960, § 52.1766.
S.D. Codified Laws § 49-33-31 — SD Code / Title 49 / Chapter 33 / Section 49-33-31
Articles of incorporation requiring greater vote control
Status: in_force

If, with respect to any action to be taken by the board of directors or by the stockholders of a corporation, the articles of incorporation require the vote or concurrence of the holders of a greater proportion of the shares, or of any class or series thereof, than required by any section of this title, the provision of the articles of incorporation requiring such greater vote shall not be altered, amended or repealed except by such greater vote.

Source: SL 1986, ch 396, § 12.
S.D. Codified Laws § 49-45-7.1 — SD Code / Title 49 / Chapter 45 / Section 49-45-7.1
Classes of grain buyer's license
Status: in_force

An applicant may apply for a Class A grain buyer's license or a Class B grain buyer's license. No grain buyer with a Class B grain buyer's license may purchase grain in excess of five million dollars for the annual licensed year or enter into voluntary credit sale contracts. The commission shall require an applicant for a Class A grain buyer's license to submit a more detailed review of its financial condition than an applicant for a Class B grain buyer's license.

Source: SL 2008, ch 251, § 6; SL 2018, ch 268, § 1; SL 2024, ch 192, § 2.
S.D. Codified Laws § 49-30-5 — SD Code / Title 49 / Chapter 30 / Section 49-30-5
Powers of corporation--Holding property for accessory facilities
Status: in_force

Every corporation formed under the provisions of this chapter, and every corporation formed under the laws of any other state or territory or of the United States, owning or operating lines of telegraph or telephone within this state, shall have power to make and hold such voluntary grants of real and other property as may be made to it to aid in the construction, maintenance, and accommodation of its line of telegraph or telephone, but the real property received by voluntary grant shall be held and used for the purposes of such grant only.

Source: SDC 1939, § 52.1311 (2).
S.D. Codified Laws § 49-34A-69 — SD Code / Title 49 / Chapter 34A / Section 49-34A-69
Commission to refer violations to attorney general
Status: in_force

Whenever the Public Utilities Commission shall be of the opinion that any person is failing or omitting or is about to fail or omit to do anything required of it by the provisions of this chapter or by any order of the commission, or is doing anything or about to do anything, or permitting anything or about to permit anything to be done, contrary to or in violation of this chapter or of any order of the commission, it shall refer the matter to the attorney general who shall take appropriate legal action.

Source: SL 1975, ch 283, § 48.
S.D. Codified Laws § 49-31-90 — SD Code / Title 49 / Chapter 31 / Section 49-31-90
Third-party verification--Requirements
Status: in_force

If an independent third - party verification company obtains a subscriber's oral confirmation regarding a change of a designated telecommunications company for interexchange or local exchange telecommunications service, the third - party verification shall include:

(1) A statement that the purpose of the call is to verify the subscriber's intent to change to the newly requested telecommunications company. The newly requested interexchange or local telecommunications company shall be clearly identified to the subscriber. Reference to use of another telecommunications company's network or facilities, if stated, shall be secondary in nature to the prominent identification of the telecommunications company which will be providing service and setting the rates for the subscriber's service;

(2) Confirmation that the person whose authorization for a telecommunications company change is being verified is the subscriber on the account or a person authorized by the subscriber to make decisions regarding the telecommunications account on behalf of the subscriber, whether that subscriber is an individual person or a business;

(3) Verification data unique to the subscriber such as the subscriber's date of birth; and

(4) The name and toll - free telephone number of the newly requested telecommunications company.

The third - party verification company shall electronically record the telephone call that confirms the subscriber's change of a designated telecommunications company. The electronic recording shall include the complete statement of the service being changed and the subscriber's complete response. The electronic recording shall be retained by the third - party verification company for two years.

Source: SL 1999, ch 227, § 2.
S.D. Codified Laws § 49-43-21 — SD Code / Title 49 / Chapter 43 / Section 49-43-21
Warehouseman prohibited from denying title of receipt holder
Status: in_force

No person doing a grain warehouse business having issued a receipt for the storage of grain as in this chapter provided, may thereafter be permitted to deny that the grain represented by the receipt is the property of the person to whom such receipt was issued or his assigns. Such receipts shall be considered so far as the duties, liabilities, and obligations of such warehouseman are concerned, conclusive evidence of the fact that the person to whom the receipt was issued, or his assigns, is the owner of such grain and is the person entitled to make surrender of such receipt and receive the grain thereby promised to be delivered.

Source: SDC 1939, § 60.0318; SL 1985, ch 376, § 41.
S.D. Codified Laws § 49-28-63 — SD Code / Title 49 / Chapter 28 / Section 49-28-63
Noncompliance with chapter or with department order as misdemeanor
Status: in_force

Any motor carrier which is subject to this chapter or, if any such motor carrier is a corporation, any director or officer thereof or any receiver, trustee, lessee, agent, or person acting for or employed by such corporation, who violates or fails to comply with or who procures, aids, or abets in the violation of any provision of this chapter, or who fails to obey, observe, or comply with any lawful order, decision, rule, regulation, direction, demand, or requirement of the department, or any part or provision thereof, is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 44.9926; SL 1985, ch 374, § 45; SL 2006, ch 234, § 19.
S.D. Codified Laws § 49-13-13 — SD Code / Title 49 / Chapter 13 / Section 49-13-13
Proof of violation--Determination of just rate--Cease and desist order--Duty of telecommunications company or motor carrier to comply
Status: in_force

If, after a hearing pursuant to this chapter, it appears to the satisfaction of the commission that anything has been done or omitted to be done in violation of the provisions of laws of this state, or that any individual or joint rate or charge demanded, charged, collected, or received by any telecommunications company or motor carrier subject to the provisions of this title, or that any individual or joint classifications, regulations, or practices of a telecommunications company or motor carrier are unjust, unreasonable, unjustly discriminatory, unduly preferential, prejudicial, or otherwise in violation of the laws of this state, or that any injury or damage has been sustained by any person, the commission may determine and prescribe the just and reasonable charge, to be observed as the maximum to be charged. The commission shall also determine what classification, regulation, or practice is just, fair, and reasonable to be thereafter followed, and to make an order that such telecommunications company or motor carrier shall cease and desist from the violations to the extent that the commission finds them to exist. The telecommunications company or motor carrier may not thereafter publish, demand, collect, or receive any rate or charge for in excess of the maximum rate or charge prescribed and they shall adopt the classification and conform and abide by the regulations or practices prescribed by the commission.

Source: SDC 1939, § 52.0303; SL 1979, ch 307, § 81; SL 1987, ch 345, § 25.
S.D. Codified Laws § 49-34A-108 — SD Code / Title 49 / Chapter 34A / Section 49-34A-108
Electric utility to file rates for purchases of electricity produced by small renewable power facilities
Status: in_force

Each electric utility shall file with the commission the electric utility's minimum rates for purchases of electricity generated from renewable resources, as defined by § 49-34A-94 , and produced by a small renewable power facility that has a capacity of one hundred kilowatts or less. Except for a public utility's standard avoided cost rates set pursuant to the Public Utility Regulatory Policies Act of 1978, as amended to January 1, 2010, a rate filed under this section is not subject to commission approval.

Source: SL 2010, ch 224, § 1.
S.D. Codified Laws § 49-31-88 — SD Code / Title 49 / Chapter 31 / Section 49-31-88
Companies not exempt from state or federal law
Status: in_force

Nothing in §§ 49-31-84 to 49-31-87 , exempts any telecommunications company from any state or federal antitrust laws.

Source: SL 1998, ch 274, § 32.
S.D. Codified Laws § 49-41B-22.2 — SD Code / Title 49 / Chapter 41B / Section 49-41B-22.2
Reapplication for permit--Discussion of commission as to applicant's burden of proof
Status: in_force

If a second or subsequent reapplication is filed within three years, or a reapplication is filed after three years, following a denial of a permit pursuant to § 49-41B-24 or 49-41B-25 , the Public Utilities Commission may in its discretion decide if an applicant shall have the burden of proof to establish all criteria required in an original application.

Source: SL 1982, ch 333, § 2.
S.D. Codified Laws § 49-34A-7 — SD Code / Title 49 / Chapter 34A / Section 49-34A-7
System of accounts
Status: in_force

The Public Utilities Commission shall designate a system of accounts to be kept by public utilities subject to its jurisdiction.

Source: SL 1975, ch 283, § 26; SL 1976, ch 296, § 8.
S.D. Codified Laws § 49-34A-61.1 — SD Code / Title 49 / Chapter 34A / Section 49-34A-61.1
Rehearings--Application--Grant or refusal--Time--Orders not stayed unless commission directs
Status: in_force

Any party, as defined in the rules and regulations promulgated by the Public Utilities Commission, to a proceeding before the commission may within thirty days after the entry of the order apply for a rehearing. The commission shall either grant or refuse an application for hearing within thirty days after the filing of the application. A failure by the commission to act upon such application for rehearing within the period shall be deemed a refusal thereof. Neither the filing of an application for rehearing nor the granting thereof shall stay the effectiveness of an order unless the commission so directs.

Source: SL 1976, ch 296, § 26.
S.D. Codified Laws § 49-32-17 — SD Code / Title 49 / Chapter 32 / Section 49-32-17
Liability of violator
Status: in_force

If a violation of this chapter results in physical or electrical contact with any high voltage line, the violator is liable to the owner or operator of such high voltage line for all damage to such facilities and for any liability incurred by such owner or operator as a result of any such contact.

Source: SL 1987, ch 353.
S.D. Codified Laws § 49-31-79 — SD Code / Title 49 / Chapter 31 / Section 49-31-79
Requirements of rural telephone company
Status: in_force

Pursuant to 47 U.S.C. § 251(f)(1) as of January 1, 1998, the obligations of an incumbent local exchange carrier, which include the duty to negotiate and provide interconnection, unbundled network elements, resale, notice of changes and collocation, do not apply to a rural telephone company unless the company has received a bona fide request for interconnection, services, or network elements and the commission determines that the rural telephone company shall fulfill the request. The commission may only determine that the rural telephone company shall fulfill the request if, after notice and hearing pursuant to chapter 1-26 , the commission finds that the request is not unduly economically burdensome, the request is technically feasible, and the request is consistent with the universal service principles and provisions set forth in 47 U.S.C. § 254 as of January 1, 1998. The commission shall make the determination within one hundred twenty days after receiving notice of the request. The person or entity making the request has the burden of proof as to whether each of the standards for reviewing the request has been met. Nothing in this section prevents a rural telephone company from voluntarily agreeing to provide any of the services, facilities, or access referenced by this section.

Source: SL 1998, ch 274, § 17; SL 1998, ch 274, § 17; SL 1998, ch 275, § 3; SL 2021, ch 200, § 8.
S.D. Codified Laws § 49-16A-40 — SD Code / Title 49 / Chapter 16A / Section 49-16A-40
Connecting roads--Intrastate shipments--Reasonable through rates--Same facilities as for interstate traffic
Status: in_force

When shipments of freight transported between different points within this state are required to be carried by two or more railroads operating connecting lines, such railroads shall transport the same at reasonable through rates and shall at all times give the same facilities to intrastate traffic as they give to interstate traffic over their lines.

Source: SDC 1939, § 52.0221; SDCL, § 49-12-4; SL 1980, ch 322, § 40.
S.D. Codified Laws § 49-41B-32 — SD Code / Title 49 / Chapter 41B / Section 49-41B-32
Surety bond required if order stayed or suspended--Other security
Status: in_force

If an order of the Public Utilities Commission is stayed or suspended the court shall require a bond with good and sufficient surety, conditioned that the party or parties petitioning for review shall answer for all damages caused by the delay in enforcing the order of the commission. The court may in addition or in lieu of the bond, require other further security for the payment of such excess damages or charges it deems proper.

Source: SL 1977, ch 390, § 25.
S.D. Codified Laws § 49-28-66 — SD Code / Title 49 / Chapter 28 / Section 49-28-66
Stopping of vehicles to determine compliance--Failure to stop as misdemeanor
Status: in_force

The inspectors of the Department of Public Safety or any law enforcement officer may require the driver of a commercial vehicle to stop a vehicle at any time for inspection to determine if the provisions of this chapter are being complied with. Any driver who fails to stop and submit the driver's vehicle to such inspection is guilty of a Class 2 misdemeanor.

Source: SL 1971, ch 261, § 2; SL 1983, ch 15, § 111; SL 1983, ch 335, § 31; SL 1985, ch 374, § 48; SL 2003, ch 272 (Ex. Ord. 03-1), § 19; SL 2006, ch 234, § 21.
S.D. Codified Laws § 49-48-1 — SD Code / Title 49 / Chapter 48 / Section 49-48-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Electric facility," infrastructure in this state used for the distribution, generation, or transmission of electric power, including an energy conversion facility, as defined in § 49-41B-2 , and any equipment or facilities used by an electric utility, as defined in § 49-34A-1 , but not including any behind-the-meter electric generation facility that generates electricity on site for private consumption; and

(2) "Prohibited person," any prohibited entity, as defined in § 5-18A-1 , and any individual who is not a United States citizen but is a citizen of a country listed in § 5-18A-1 .

Source: SL 2026, ch 188, § 1.
S.D. Codified Laws § 49-31-87 — SD Code / Title 49 / Chapter 31 / Section 49-31-87
Dialing parity to be implemented
Status: in_force

Dialing parity, as defined in 47 U.S.C. § 153(15) as of January 1, 1998, for purposes of intraLATA long distance telecommunications services, shall be implemented by any local exchange carrier serving more than two hundred thousand retail access lines by order of the commission on January 1, 2000.

Source: SL 1998, ch 274, § 31; SL 1999, ch 225, § 2.
S.D. Codified Laws § 49-17A-35 — SD Code / Title 49 / Chapter 17A / Section 49-17A-35
Persons executing bonds not personally liable
Status: in_force

The commissioners of an authority or any person executing such bonds shall not be liable personally by reason of their issuance.

Source: SL 1978, ch 344, § 33.
S.D. Codified Laws § 49-1-8.1 — SD Code / Title 49 / Chapter 1 / Section 49-1-8.1
Commission continued as separate department
Status: in_force

The Public Utilities Commission is hereby continued as a separate department and budget unit and, except as provided by §§ 1-51-11 and 37-22-1 , shall retain all its prescribed functions, including administrative functions.

Source: SL 1973, ch 2, § 59; SL 2003, ch 272 (Ex. Ord. 03-1), §§ 32, 117; SL 2006, ch 231, § 2.
S.D. Codified Laws § 49-31-92 — SD Code / Title 49 / Chapter 31 / Section 49-31-92
Separate authorization required for each service
Status: in_force

A telecommunications company selling more than one type of telecommunications service must obtain separate authorization to change a telecommunications company from the subscriber for each service sold, although the authorizations may be made within the same solicitation. At a minimum, separate authorizations must be obtained for local exchange service, intraLATA toll service, and interLATA toll service. Each authorization must be verified separately from any other authorizations obtained in the same solicitation.

Source: SL 1999, ch 227, § 4.
S.D. Codified Laws § 49-34A-27 — SD Code / Title 49 / Chapter 34A / Section 49-34A-27
Standards, classifications, regulations or practices fixed by commission--Measuring devices--Quality control--Filing with commission
Status: in_force

The Public Utilities Commission after hearing upon reasonable notice had upon its own motion or upon complaint, may ascertain and fix just and reasonable standards, classifications, regulations or practices to be observed and followed by any or all public utilities with respect to the service, product, or commodity to be furnished; ascertain and fix adequate and reasonable standards for the measurement of the quantity, quality, pressure, initial voltage or other condition pertaining to the supply of such service, product, or commodity; prescribe reasonable regulations for the examination and testing of such service, product, or commodity and for the measurement thereof; establish or approve reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurements; and provide for the examination and testing of any and all appliances used for the measurement of any service, product, or commodity of any public utility. Any standards, classifications, regulations or practices now or hereafter observed or followed by any public utility may be filed with the commission, and the same shall continue in force until amended by the public utility or until suspended or changed by the commission as provided in this chapter.

Source: SL 1975, ch 283, § 15.
S.D. Codified Laws § 49-40-9 — SD Code / Title 49 / Chapter 40 / Section 49-40-9
Petition for dissolution of district--Conditions under which dissolution may be permitted--Notice of dissolution--Contents of notice--Expenses of dissolution
Status: in_force

Whenever a petition signed by a majority of the members of the board of directors or by twenty - five or more qualified voters of the state residing within the territorial boundaries of any district organized under and by virtue of chapter 49-35 , shall be presented to the circuit court for the county where the principal place of business of the district is located, praying for the dissolution of such district, and it shall appear from the petition that such district has no property of any kind, owes no debts of any kind, that the district is not functioning, has ceased to function, and probably will not function in the future, the court shall forthwith publish a notice for two successive weeks in a legal newspaper of general circulation published in the district, or, if no legal newspaper is published in the district, then in any legal newspaper having general circulation therein, setting forth, in substance and in a clear and concise manner, the nature and prayer of the petition, and setting a time and place for a public hearing by the court upon the petition. The persons filing such petition for dissolution shall advance and pay the necessary expenses incurred.

Source: SL 1950 (SS), ch 17, § 77; SDC Supp 1960, § 52.1776.
S.D. Codified Laws § 49-31-106 — SD Code / Title 49 / Chapter 31 / Section 49-31-106
Commission may use gross receipts tax fund for implementation--Funds to be returned after register implemented
Status: in_force

Notwithstanding the provisions of chapter 49-1A , the commission may use amounts deposited in the gross receipts tax fund to implement §§ 49-31-99 to 49-31-108 , inclusive. All funds used shall be returned to the gross receipts tax fund within three years of implementation of the register.

Source: SL 2003, ch 238, § 9.
S.D. Codified Laws § 49-34-19 — SD Code / Title 49 / Chapter 34 / Section 49-34-19
Civil liability for unauthorized service and damage to facilities--Limitation of action--Treble damages--Costs
Status: in_force

A utility may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets or attempts any of the following acts resulting in damages to the utility, namely: bypassing, tampering or unauthorized metering. In addition, a utility may bring a civil action for damages pursuant to this section against any person who knowingly receives utility service through means of bypassing, tampering or unauthorized metering. An action brought pursuant to this section shall be commenced within three years after the cause of action accrues. In any civil action brought pursuant to this section, the utility shall be entitled, upon proof of willful or intentional bypassing, tampering or unauthorized metering, to recover as damages three times the amount of the actual damages plus all reasonable expense and costs incurred on account of the bypassing, tampering or unauthorized metering, including but not limited to, costs and expenses for investigation, disconnection, reconnection, service calls, employees and equipment, expert witness fees, costs of trial and reasonable attorney's fees as allowed by the court. If a defendant in a civil action brought pursuant to §§ 49-34-18 to 49-34-21 , inclusive, prevails, the court shall award costs to the defendant.

Source: SL 1985, ch 375, § 2.
S.D. Codified Laws § 49-41B-17.2 — SD Code / Title 49 / Chapter 41B / Section 49-41B-17.2
Contested case hearing
Status: in_force

A party to a proceeding under this chapter as provided in § 49-41B-17 is entitled to a contested case hearing before the commission pursuant to chapter 1-26 .

Source: SL 2019, ch 200, § 12.
S.D. Codified Laws § 49-45-7 — SD Code / Title 49 / Chapter 45 / Section 49-45-7
Application for license--Contents--Issuance or denial--Multiple warehouses of licensee
Status: in_force

An application for a grain buyer license shall be filed with the commission and shall be in a form prescribed by the commission. The application shall set forth the name of each owner or principal in the management of the business and shall contain financial information depicting the financial condition of the business at the time of application. If the applicant is a corporation, the application shall include the name of the president, secretary, and treasurer of the corporation. The application shall also include the location of the principal office or place of business and any additional place of business of the applicant. The application shall contain the affirmation statement set forth in § 22-29-9.1 . The application shall be signed by the owner, managing partner, or chief executive officer of the applicant and shall be notarized.

Upon receipt of an application and sufficient bond as required by § 49-45-9 , the commission may grant the license applied for or may, for good cause shown and after notice and an opportunity for hearing, deny the issuance of the license.

If a grain buyer has more than one grain buying facility in the same municipality, only one license is required for all the grain buying facilities.

Source: SL 1985, ch 376, § 72; SL 1994, ch 359, § 7; SL 2008, ch 251, § 5; SL 2013, ch 238, § 10, eff. Apr. 1, 2013; SL 2017, ch 200, § 5.
S.D. Codified Laws § 49-7A-17 — SD Code / Title 49 / Chapter 7A / Section 49-7A-17
Complaints--Rules of Practice
Status: in_force

Any person with a complaint against a party who violates or with a complaint against a party who procures, aids, or abets in the violation of § 49-7A-2 , 49-7A-5 , 49-7A-8 , or 49-7A-12 , or any rules promulgated pursuant to § 49-7A-2 , 49-7A-5 , or 49-7A-8 , may apply to the board for relief. No complaint may be dismissed because of the absence of direct damage to the complainant or petitioner. The board may promulgate rules of practice prescribing the form for complaints in accordance with chapter 1-26 .

Source: SL 2002, ch 211, § 11.
S.D. Codified Laws § 49-16A-43.1 — SD Code / Title 49 / Chapter 16A / Section 49-16A-43.1
Validation of defects in lease or sale made prior to January 1, 1994
Status: in_force

Any defect in any lease or sale of any railroad property by a railroad pursuant to the provisions of chapter 49-16A made prior to January 1, 1994, is hereby validated, legalized and cured, and as to any such sale the railroad's instrument of conveyance shall operate to convey and transfer title to the person or persons named as grantee or grantees in such instrument of conveyance all the right, title, and interest of the railroad and in and to such property. This section does not affect any action pending on July 1, 1994.

Source: SL 1987, ch 346, § 2; SL 1994, ch 348, § 3.
S.D. Codified Laws § 49-43-48 — SD Code / Title 49 / Chapter 43 / Section 49-43-48
Receipt to be obtained at or before delivery of goods from warehouse--Violation as misdemeanor
Status: in_force

Any grain warehouse operator, or any officer, agent, or employee, who delivers goods out of the possession of the grain warehouse, knowing that a negotiable receipt, the negotiation of which would transfer the right to the possession of such goods, is outstanding and uncanceled, without obtaining the possession of the receipt at or before the time of the delivery, except in the cases provided for in subdivisions 57A-7-206(1) to (3), inclusive, subdivisions 57A-7-210(1) and (2), and subdivision 57A-7-601(1), is guilty of a Class 1 misdemeanor.

Source: SL 2008, ch 249, § 36.
S.D. Codified Laws § 49-43-5.3 — SD Code / Title 49 / Chapter 43 / Section 49-43-5.3
Purpose of bond--Amount--Multiple warehouses
Status: in_force

The bond required by § 49-43-4.3 for public grain warehouses is for the specific purpose of protecting persons storing grain with the warehouse.

The warehouse operator shall furnish a single bond in an amount equal to one-half of the local market value of the grain stored in the warehouse, or if multiple warehouses are operated by the warehouse operator, the bond shall equal one-half of the local market value of the grain stored at all warehouse locations. However, a warehouse operator shall provide a minimum bond of twenty-five thousand dollars at any one municipality or location. The minimum bond amounts per municipality or location does not limit the bond coverage available to depositors at any one warehouse location. The entire bond, up to the amount on its face, shall provide coverage to a depositor conducting business at any of the warehouse operator's locations.

The bond shall describe with particularity the exact locations of the warehouses to be covered.

Source: SL 1985, ch 376, § 20; SL 1986, ch 397, § 4; SL 1987, ch 355, § 1; SL 1989, ch 404, § 2; SL 1992, ch 60, § 2; SL 1994, ch 359, § 4; SL 2008, ch 249, § 11.
S.D. Codified Laws § 49-13-5 — SD Code / Title 49 / Chapter 13 / Section 49-13-5
Authority of commission on inquiry without complaint
Status: in_force

The commission may proceed with an inquiry instituted on its own motion as though it had been appealed to by complaint, including the power to make and enforce any order concerning any matter upon which the inquiry is made.

Source: SDC 1939, § 52.0301; SL 1987, ch 345, § 21.
S.D. Codified Laws § 49-43-7 — SD Code / Title 49 / Chapter 43 / Section 49-43-7
Filing of rates charged by grain warehouse--Adjustment--Nondiscrimination
Status: in_force

At the time of licensing, a grain warehouse operator shall file with the commission the rates charged by the grain warehouse for storing, receiving, and redelivering grain. A grain warehouse operator may file different rates for different commodities and the rates shall be effective for the licensing period beginning on July first. A grain warehouse operator may adjust rates during the licensing period no more than four times and adjusted rates shall be effective on the date of filing. A grain warehouse shall charge each customer the rates on file with the commission without discrimination. However, a warehouse operator may waive the fees for receiving and handling if the operator takes title to the grain. A list of the rates shall be made available to a customer upon request.

Source: SDC 1939, § 60.0311; SL 1949, ch 433; SL 1985, ch 376, § 29; SL 1992, ch 332, § 1; SL 2009, ch 247, § 1.
S.D. Codified Laws § 49-16B-21 — SD Code / Title 49 / Chapter 16B / Section 49-16B-21
Rental and charges for facilities leased to other than Department of Transportation--Conveyance at conclusion
Status: in_force

The charges, fees, or rentals established by the authority for the use of any facilities acquired, constructed, completed, or equipped in whole or in part with the proceeds of the bonds or instruments issued as provided in this chapter and leased to lessees other than the Department of Transportation shall be sufficient at all times to pay maintenance and operation costs for the facilities (unless under a lease maintenance and operation costs are otherwise provided for), principal of and interest on the bonds and a proportion of the administrative expenses of the authority as provided for by each lease, and such reserves as may be provided in the resolutions of issuance and may provide for conveyance of the facilities to the lessee at the conclusion of the term of the lease.

Source: SL 1980, ch 323, § 20; SL 1981 (2d SS), ch 4, § 8; SL 1996, ch 20, § 27.
S.D. Codified Laws § 49-16A-98 — SD Code / Title 49 / Chapter 16A / Section 49-16A-98
Restoration and maintenance of watercourses and highways affected by railroad construction
Status: in_force

Each railroad shall restore every stream of water, watercourse, street, highway, toll road, turnpike, or canal, across, along, or upon which its road is constructed, to its former state or to such condition as that its usefulness is not materially impaired, and shall maintain the same in such condition against any effects produced by such railroad.

Source: SDC 1939, § 52.0907; SDCL, § 49-19-28; SL 1980, ch 322, § 97.
S.D. Codified Laws § 49-45-21 — SD Code / Title 49 / Chapter 45 / Section 49-45-21
Commission authorized to contract for inspection of grain buyers' assessment and checkoff records
Status: in_force

The commission may contract with the Wheat Commission pursuant to § 38-10-41 , with the South Dakota Oilseeds Council pursuant to § 38-27-19 , the Soybean Research and Promotion Council pursuant to § 38-29-14 , the South Dakota Corn Utilization Council pursuant to § 38-32-24 , and the South Dakota Pulse Crop Council pursuant to § 38-34-21 . Under the terms of any such contract, the commission may inspect the records of licensed grain buyers to determine compliance with assessment and checkoff requirements imposed by chapters 38-10 , 38-27 , 38-29 , and 38-32 and the provisions of chapter 38-34 .

Source: SL 1996, ch 245, § 5; SL 2005, ch 214, § 22; SL 2008, ch 251, § 23.
S.D. Codified Laws § 49-43-46 — SD Code / Title 49 / Chapter 43 / Section 49-43-46
Issuance of duplicate receipt not marked as duplicate prohibited--Exceptions--Violation as felony
Status: in_force

Any grain warehouse operator, or any officer, agent or employee, who issues a duplicate or additional negotiable receipt for goods knowing that a former negotiable receipt for the same goods or any part of them is outstanding and uncanceled, without plainly placing upon the face thereof the word, duplicate, except in the case of a lost or destroyed receipt after proceedings as provided for in subdivision 57A-7-601(1), is guilty of a Class 5 felony.

Source: SL 2008, ch 249, § 34.
S.D. Codified Laws § 49-41B-35 — SD Code / Title 49 / Chapter 41B / Section 49-41B-35
Promulgation of rules
Status: in_force

To implement the provisions of this chapter regarding facilities, the commission shall promulgate rules pursuant to chapter 1-26 . Rules may be adopted by the commission:

(1) To establish the information requirements and procedures that every utility must follow when filing plans with the commission regarding its proposed and existing facilities;

(2) To establish procedures for utilities to follow when filing an application for a permit to construct a facility, and the information required to be included in the application; and

(3) To require bonds, guarantees, insurance, or other requirements to provide funding for the decommissioning and removal of a solar or wind energy facility.

Source: SL 1977, ch 390, § 26; SL 1986, ch 22, § 24; SL 1990, ch 371, § 4; SL 2005, ch 250, § 4; SL 2007, ch 274, § 3; SL 2019, ch 200, § 2.
S.D. Codified Laws § 49-7A-26 — SD Code / Title 49 / Chapter 7A / Section 49-7A-26
Factors considered in determining amount of penalty
Status: in_force

The amount of recommended penalty shall be determined by a majority vote of the panel. Factors to be considered in determining the amount of the penalty shall be:

(1) The amount of damage, degree of threat to the public safety, and inconvenience caused;

(2) The respondent's plans and procedures to insure future compliance with statute and rules;

(3) Any history of previous violations;

(4) Other matters as justice requires.

Source: SL 2002, ch 211, § 20.
S.D. Codified Laws § 49-31-121 — SD Code / Title 49 / Chapter 31 / Section 49-31-121
Obtaining confidential communications records without authorization from customer as misdemeanor
Status: in_force

No person may obtain, or attempt to obtain, confidential communications records information from a communications provider, without authorization from the customer to whom such confidential communications records information relates, by knowingly and intentionally:

(1) Making false or fraudulent statements or representations to an employee of a communications provider;

(2) Making false or fraudulent statements or representations to a customer of a communications provider;

(3) Providing false documentation to a communications provider knowing that the documentation is false;

(4) Wrongfully accessing customer accounts of a communications provider via the internet; or

(5) Receiving confidential communications records information knowing such information has been obtained by fraudulent, deceptive, or false means.

A violation of this section is a Class 1 misdemeanor.

Source: SL 2006, ch 238, § 2.
S.D. Codified Laws § 49-34-15 — SD Code / Title 49 / Chapter 34 / Section 49-34-15
Destruction of facilities as felony
Status: in_force

Any person who, without lawful authority, intentionally breaks, digs up, or obstructs any pipe or main for conducting gas or water, any works erected for supplying buildings with gas or water, or any appurtenances or appendages therewith connected, is guilty of a Class 6 felony.

Source: SDC 1939, § 13.4509; SL 1983, ch 15, § 137.
S.D. Codified Laws § 49-28-1 — SD Code / Title 49 / Chapter 28 / Section 49-28-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) " Department," the Department of Revenue;

(2) "Corporation," a corporation, company, association, or joint stock association;

(3) "For hire," for remuneration of any kind, paid or promised for the transportation of persons or property. An occasional accommodative or reciprocal transportation service by a person not in the transportation business while on an errand for such person's benefit, is not a service for hire, even though the person transported shares in the cost or pays for the service;

(4) " FMCSA," Federal Motor Carrier Safety Administration;

(5) "Exempt motor carrier," an interstate motor carrier who is exempt from the FMCSA's jurisdiction over interstate transportation;

(6) "Regulated motor carrier," an interstate motor carrier who is subject to the FMCSA's jurisdiction over interstate transportation;

(7) "Motor carrier," any person, corporation, lessee, trustee, or receiver operating any motor vehicle, trailer, or semitrailer on any public highway in this state for the transportation of persons or property, for hire;

(8) "Motor vehicle," all vehicles or machines propelled by any power other than muscular used upon the public highways for the transportation of persons or property;

(9) "Permit," the permit authorized to be issued under this chapter;

(10) "Person," a natural person, firm, corporation, limited liability company, copartnership, company, association, joint stock company, or, the lessee, trustee, or receiver appointed by any court for any one of the foregoing;

(11) "Public highway," every street, alley, public road, public thoroughfare, or highway in this state;

(12) "Registration state," the state in which a regulated motor carrier selects to register its interstate motor carrier operations pursuant to 49 USC § 14504 and 49 CFR PART 367 as of January 1, 2005;

(13) "Semitrailer," any vehicle of the trailer type, equipped with a kingpin assembly, designed and used in conjunction with a fifth wheel connecting device on a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle;

(14) "Trailer," every vehicle without motive power designed to carry property or persons wholly on its own structure and to be drawn by a motor vehicle;

(15) "Board," the Surface Transportation Board as defined in 49 USC § 13102(1) as of January 1, 2005;

(16) "Secretary," the secretary of the United States Department of Transportation as that term is defined in 49 USC § 13102(17) as of January 1, 2005.

Source: SDC 1939, § 44.0401; SL 1939, ch 173; SL 1945, ch 192; SL 1949, ch 168; SL 1950 (SS), ch 10; SL 1953, ch 236; SL 1955, ch 178; SL 1981, ch 334, § 1; SL 1985, ch 374, § 1; SL 1989, ch 256, § 10; SL 1989, ch 399, § 2; SL 1994, ch 351, § 133; SL 1994, ch 356, § 1; SL 1995, ch 259, § 1; SL 1999, ch 223, § 1; SL 2006, ch 234, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 49-34A-56.1 — SD Code / Title 49 / Chapter 34A / Section 49-34A-56.1
Data centers--Cost of electric service agreement processing--Deposit
Status: in_force

The commission may assess a customer of a public utility the actual costs associated with processing a request for approval of a contract with deviations, or other electric service agreement with a public utility, related to the provision of electric service to a customer that is a data center with a peak demand of ten megawatts or greater.

The commission shall forward any moneys collected under this section to the state treasurer, for deposit in the South Dakota Public Utilities Commission gross receipts tax fund established in § 49-1A-2 .

For the purposes of this section, "data center" means a centralized repository for the primary purpose of storage, management, dissemination, and processing of electronic data and information, including the mining of digital currency.

Source: SL 2026, ch 185, § 1.
S.D. Codified Laws § 49-16B-44 — SD Code / Title 49 / Chapter 16B / Section 49-16B-44
Record of lease rental payments--Conveyance of property to state upon receipt of sufficient rentals to pay bonds
Status: in_force

An accurate record shall be kept of the rental payments under each lease entered into by the authority or Department of Transportation. If the rentals applicable to each project or facility, or any combination thereof, constructed, completed, improved, and equipped are paid, in amounts sufficient to amortize and pay the principal of and interest upon the total principal amounts of bonds of the authority issued to pay the cost of each project or facility, including maintenance and operation expenses and that proportion of the administrative expense of the authority as provided for by each lease, the property shall, except as may be otherwise provided in a lease, be conveyed without charge to the State of South Dakota.

Source: SL 1980, ch 323, § 39; SL 1981, ch 329, § 5; SL 1981 (2d SS), ch 4, § 10; SL 1996, ch 20, § 29.
S.D. Codified Laws § 49-16A-91 — SD Code / Title 49 / Chapter 16A / Section 49-16A-91
Fenced lands--Duty of railroad to fence along right-of-way--Type of fence--Maintenance
Status: in_force

If the owner of a tract of land abutting on a road within this state plans to inclose the tract and constructs a good and sufficient fence about the tract on all sides except along the side abutting the road, the railroad shall supply the landowner with the materials needed to construct a fence not less than four and one - half feet high. If the owner incloses a tract of land with a woven wire fence with wires crossing each other close enough to keep sheep and hogs confined, the railroad shall supply the landowner with the materials needed to construct a like fence along its right - of - way on the side of the tract so far as it extends along the road. The railroad shall maintain or supply the materials to maintain the fence in good repair and condition until released by the owner of the tract, or until the owner of the tract ceases to maintain his portion of the fence in good repair and condition for one year.

Source: SDC 1939, § 52.0910; SDCL, § 49-20-22; SL 1976, ch 294, § 24; SL 1980, ch 322, § 90.
S.D. Codified Laws § 49-31-48 — SD Code / Title 49 / Chapter 31 / Section 49-31-48
Telecommunication or communication device for individuals with disabilities--Dual party relay system
Status: in_force

A telecommunication or communication device for individuals with disabilities is a device that enables the individual to communicate. A dual party relay system provides voice, digital and electronic text, or visual communication between users of telecommunication or communication devices and other persons.

Source: SL 1989, ch 401, § 6; SL 1997, ch 267, § 2; SL 2014, ch 221, § 2.
S.D. Codified Laws § 49-2-12 — SD Code / Title 49 / Chapter 2 / Section 49-2-12
Eminent domain powers
Status: in_force

A common carrier may exercise the right of eminent domain in acquiring right of way as prescribed by statute.

Source: SDC 1939, § 8.0801.
S.D. Codified Laws § 49-47-7 — SD Code / Title 49 / Chapter 47 / Section 49-47-7
Limitation of damages in civil action
Status: in_force

In any civil action against an electric utility for damages pursuant to this chapter, a dairy producer is limited to those damages which were incurred by the dairy producer during that period of time commencing twelve months prior to the dairy producer's provision of notice to the utility and ending on the date of completion of adequate remediation, and were caused by that portion of the stray current or voltage attributable to the utility's distribution system.

Source: SL 2015, ch 237, § 7.
S.D. Codified Laws § 49-43-13 — SD Code / Title 49 / Chapter 43 / Section 49-43-13
Notice of market value of grain and accrued storage charges
Status: in_force

By June thirtieth of each year, each warehouse operator shall provide written notice to each current depositor of all outstanding warehouse receipts, grain in open storage, and grain in a grain bank account. The notice shall state the market value of the grain and any accrued storage charges. Copies of the notices shall be kept and made available for inspection by the commission.

Source: SDC 1939, § 60.0316; SL 1973, ch 287, § 3; SL 1985, ch 376, § 34; SL 1986, ch 397, § 6; SL 2008, ch 249, § 18.
S.D. Codified Laws § 49-17A-15 — SD Code / Title 49 / Chapter 17A / Section 49-17A-15
Corporate powers of authority
Status: in_force

A regional authority may:

(1) Sue and be sued, have a seal, and have perpetual succession;

(2) Execute such contracts, other instruments, and take such action as may be necessary to carry out the purposes of this chapter.

Every authority may exercise such powers as are necessary or incidental to carry out the purposes of this chapter.

Source: SL 1978, ch 344, § 15.
S.D. Codified Laws § 49-42A-8 — SD Code / Title 49 / Chapter 42A / Section 49-42A-8
All property to be insured by public storage warehouse--Exception--Violation as misdemeanor
Status: in_force

Unless other insurance coverage is agreed to in writing by the depositor, a public storage warehouse shall keep all personal property of depositors fully insured against loss by fire, windstorm, and extended coverage risks. Failure to keep insurance in place is a Class 1 misdemeanor.

Source: SL 2008, ch 248, § 2.
S.D. Codified Laws § 49-32A-21 — SD Code / Title 49 / Chapter 32A / Section 49-32A-21
Dissolution of district--Distribution of assets
Status: in_force

If a board of county commissioners finds, following a public hearing or hearings, that the continued existence of a television translator district would no longer serve the purposes of this chapter, it may by resolution order the district dissolved. In the case of a television translator district that includes more than one county, each board of county commissioners must order the district dissolved by resolution. All properties and money remaining after the satisfaction of all debts and obligations of the abandoned district shall be deposited to the credit of the general fund of the county. If the abandoned district embraced areas in more than one county, properties and moneys remaining after the satisfaction of all debts and obligations of the abandoned district shall be deposited to the credit of the general funds of the relevant counties in proportion to the population in each county that was served by the district.

Source: SL 1976, ch 76, § 14; SL 1979, ch 315, § 8; SL 2018, ch 266, § 1.
S.D. Codified Laws § 49-35-9 — SD Code / Title 49 / Chapter 35 / Section 49-35-9
Affidavit by circulator of petition
Status: in_force

Every sheet of every petition for the organization of a consumers power district containing signatures shall have upon it and below the signatures a circulator's verification as required by subdivision 12-1-3(8).

Source: SL 1950 (SS), ch 17, § 9; SDC Supp 1960, § 52.1709; SL 1998, ch 276, § 3.
S.D. Codified Laws § 49-41B-22 — SD Code / Title 49 / Chapter 41B / Section 49-41B-22
Applicant's burden of proof
Status: in_force

The applicant has the burden of proof to establish by a preponderance of the evidence that:

(1) The proposed facility will comply with all applicable laws and rules;

(2) The facility will not pose a threat of serious injury to the environment nor to the social and economic condition of inhabitants or expected inhabitants in the siting area. An applicant for an electric transmission line, a solar energy facility, or a wind energy facility that holds a conditional use permit from the applicable local units of government is determined not to threaten the social and economic condition of inhabitants or expected inhabitants in the siting area;

(3) The facility will not substantially impair the health, safety or welfare of the inhabitants; and

(4) The facility will not unduly interfere with the orderly development of the region with due consideration having been given the views of governing bodies of affected local units of government. An applicant for an electric transmission line, a solar energy facility, or a wind energy facility that holds a conditional use permit from the applicable local units of government is in compliance with this subdivision.

Source: SL 1977, ch 390, § 17; SL 1981, ch 340, § 3; SL 1991, ch 386, § 6; SL 2019, ch 200, § 8.
S.D. Codified Laws § 49-17A-36 — SD Code / Title 49 / Chapter 17A / Section 49-17A-36
Arrangements for operating and providing railroad service
Status: in_force

The authority may enter into contracts, leases, and other arrangements for such term as the authority may determine with any persons:

(1) Granting the privilege of using or improving the railroad or any portion or facility or space for commercial purposes;

(2) Conferring the privilege of supplying goods, commodities, things, services, or facilities along the railroad;

(3) Making available services to be furnished by the authority or its agents.

In each case the authority may establish the terms and conditions and fix the charges, rentals, or fees for the privileges or services, which shall be reasonable and uniform for the same class of privilege or service.

Source: SL 1978, ch 344, § 34.
S.D. Codified Laws § 49-31-77 — SD Code / Title 49 / Chapter 31 / Section 49-31-77
Commission may promulgate rules establishing service quality standards
Status: in_force

The commission may promulgate rules pursuant to chapter 1-26 to establish service quality standards for local exchange services.

Source: SL 1998, ch 274, § 15.
S.D. Codified Laws § 49-37-2 — SD Code / Title 49 / Chapter 37 / Section 49-37-2
Acquisition or operation of electric plants and systems inside or outside district--Singular or joint operations--Purpose
Status: in_force

Subject to the limitations of the petition for its creation and all amendments thereto, a consumers power district may finance, own, construct, reconstruct, purchase, lease as lessor or lessee, or otherwise acquire, improve, extend, manage, use, or operate either singularly or jointly with others and anywhere within or without the boundaries of the district or the State of South Dakota any electric light and power plants, lines and systems, or interest therein, for the generation, transmission, or transformation of electric power and energy, necessary for or incidental to the carrying out of any power granted to it by law.

Source: SL 1950 (SS), ch 17, § 40; SDC Supp 1960, § 52.1740; SL 1973, ch 286, § 1; SL 1976, ch 298, § 1.
S.D. Codified Laws § 49-31-5.1 — SD Code / Title 49 / Chapter 31 / Section 49-31-5.1
Telecommunications cooperatives, municipal telephone systems and independent telephone companies--Election to be regulated by commission
Status: in_force

Telecommunications cooperatives organized pursuant to chapters 47-15 to 47-20 , inclusive, municipal telephone systems operated pursuant to chapter 9-41 , and independent telephone companies serving less than fifty thousand local exchange subscribers are not subject to chapter 49-11 , §§ 49-31-1.1 to 49-31-1.4 , inclusive, 49-31-3.1 to 49-31-4.1 , inclusive, 49-31-4.3 , 49-31-5 , and 49-31-6 , 49-31-12 to 49-31-12.5 , inclusive, and 49-31-44 to 49-31-46 , inclusive.

However, any cooperative, municipality, or independent telecommunications company may elect to have its rates regulated by the commission and be subject to commission regulation for its emerging and noncompetitive telecommunications services. The election to be regulated shall be made by filing with the commission a certified copy of the resolution of the board of directors or the municipal governing body. Commission regulation shall become effective thirty days after receipt of the resolution by the commission.

Source: SL 1979, ch 314; SL 1980, ch 70, § 2; SL 1982, ch 329, § 2; SL 1987, ch 345, § 46; SL 1988, ch 375, § 27; SL 1992, ch 328, § 11; SL 1998, ch 274, § 19.
S.D. Codified Laws § 49-28A-3.2 — SD Code / Title 49 / Chapter 28A / Section 49-28A-3.2
Application of federal hours-of-service regulations to gas or electric utility service vehicles
Status: in_force

Hours - of - service regulations promulgated by the United States Department of Transportation at 68 Federal Register 22456, in April 2003, (Federal hours - of - service amendments) shall apply to utility service vehicles owned or operated by gas or electric utilities while engaged in intrastate commerce within this state, on or after January 1, 2006. However, hours - of - service regulations that were applicable in the State of South Dakota immediately prior to January 4, 2004, shall remain applicable to gas or electric utility service vehicles until January 1, 2006.

Source: SL 2004, ch 282, § 2.
S.D. Codified Laws § 49-17A-19 — SD Code / Title 49 / Chapter 17A / Section 49-17A-19
Public purpose and necessity for acquisitions
Status: in_force

All land and other property and privileges acquired and used by or on behalf of any authority are hereby declared to be acquired and used for public and governmental purposes and as a matter of public necessity.

Source: SL 1978, ch 344, § 37.
S.D. Codified Laws § 49-34A-19.2 — SD Code / Title 49 / Chapter 34A / Section 49-34A-19.2
Disallowance for rate purposes of unreasonable profits of affiliates in sales or services to utility
Status: in_force

The Public Utilities Commission, in determining the allowance for materials or services to be included in costs of operations for rate - making purposes, may disallow any unreasonable profit made in the sale of materials to or service supplied for any public utility by any firm or corporation owned or controlled directly or indirectly by such utility or any affiliate, subsidiary, parent company, associate or any corporation whose controlling stockholders are also controlling stockholders of such utility. The burden of proof shall be on the public utility to prove that no unreasonable profit is involved.

Source: SDCL, § 49-34A-19 as added by SL 1976, ch 296, § 18.
S.D. Codified Laws § 49-13-25 — SD Code / Title 49 / Chapter 13 / Section 49-13-25
Commission proceedings as evidence in trial--Report and order of commission as prima facie evidence
Status: in_force

In the trial of an action pursuant to § 49-13-24 , the evidence introduced in the proceedings before the commission shall constitute the record and evidence on the trial of the case in court. No additional evidence other than that introduced before the commission may be introduced at the court trial. The report and order of the commission in the premises shall be taken and held to be prima facie evidence of the facts stated therein.

Source: SDC 1939, § 52.0304; SL 1987, ch 345, § 38.
S.D. Codified Laws § 49-1A-10 — SD Code / Title 49 / Chapter 1A / Section 49-1A-10
Record of expenditures--Determination of surplus or deficiency--Notice to company--Objection--Hearing--Appeal
Status: in_force

The Public Utilities Commission shall keep and maintain a detailed record of the amount expended from each deposit by each company making a deposit pursuant to § 49-1A-8 or 49-31-12.6 . Upon the final decision of the Public Utilities Commission, the commission shall make a determination as to the surplus or deficiency of the deposit and shall give the company making the deposit, within thirty days of the final decision, notice in writing of the itemization and the amount that is proposed to be returned or charged to such company. The company making the deposit may thereafter within thirty days file with the commission objections setting out the grounds upon which it is claimed that an excessive amount has been expended. The commission shall within thirty days of receiving such objections hold a hearing and issue an order in accordance with its findings as to the proper amount to be returned or charged to the company. The order may be appealed pursuant to chapter 1-26 .

Source: SL 1976, ch 296, § 14; SL 1991, ch 381, § 9; SL 1994, ch 352, § 10.
S.D. Codified Laws § 49-7A-32 — SD Code / Title 49 / Chapter 7A / Section 49-7A-32
Removal of board member for conflict of interest
Status: in_force

Either party may request the removal of a board member from any hearing based on a conflict of interest.

Source: SL 2002, ch 211, § 26.
S.D. Codified Laws § 49-34A-55 — SD Code / Title 49 / Chapter 34A / Section 49-34A-55
Sale or exchange of rights and property allowed between municipalities and utilities
Status: in_force

Nothing contained in §§ 49-34A-42 to 49-34A-44 , inclusive, and 49-34A-48 to 49-34A-57 , inclusive, prohibits electric utilities from buying, selling, or exchanging electric distribution properties, service rights and other rights, property, and assets by mutual agreement, subject to approval of the commission. Any agreement, pursuant to this section, which changes assigned service areas shall be filed and approved by the commission before it may become effective. The commission's approval of such agreements shall be based on the public interest. The factors to consider shall include the elimination or avoidance of unnecessary duplication of facilities, providing adequate electric service to all areas and customers affected, and the promotion of the efficient and economical use and development of the electric systems of the contracting electric utilities.

Source: SL 1975, ch 283, § 42 (8); SL 1991, ch 386, § 5.
S.D. Codified Laws § 49-28-36.7 — SD Code / Title 49 / Chapter 28 / Section 49-28-36.7
Application for permit
Status: in_force

A motor carrier shall make an application for a single trip permit as required by the department, and the permit secured at a port of entry or by such other means designated by the department prior to beginning movement over the state's highways. The application shall include the applicant's name and business address, a description of the vehicle, and the route of travel suggested for the trip.

Source: SL 1985, ch 373, § 2; SL 1999, ch 223, § 8; SL 2006, ch 234, § 9; SL 2021, ch 125, § 10.
S.D. Codified Laws § 49-13-4 — SD Code / Title 49 / Chapter 13 / Section 49-13-4
Investigation of complaint--Inquiry without complaint
Status: in_force

If any telecommunications company or motor carrier complained of pursuant to § 49-13-1 does not satisfy the complaint within the time specified, or there appears to be any reasonable grounds for investigating the complaint, the commission shall investigate the matters complained of in the manner the commission considers proper. The commission may, at any time, institute an inquiry or investigation on its own initiative in any case, involving any matter over which the commission has jurisdiction concerning a complaint that is authorized to be made and filed with the commission by any provision of any law of this state, or concerning any question which may arise, or relate to the enforcement of any provision of any law of this state.

Source: SDC 1939, § 52.0301; SL 1987, ch 345, § 20.
S.D. Codified Laws § 49-38-4 — SD Code / Title 49 / Chapter 38 / Section 49-38-4
Time for audit--Furnishing information to auditor
Status: in_force

The audit and report required by §§ 49-38-2 and 49-38-3 shall be made at the close of the fiscal year. The person making the examination and audit shall have access to all the districts books, records, vouchers, papers, contracts, or other data. It is hereby made the duty of all officers, agents and servants of said district to furnish to the person making the audit, his agents, servants, and employees, such information regarding the auditing of such district as may be deemed essential.

Source: SL 1950 (SS), ch 17, § 35; SDC Supp 1960, § 52.1735.
S.D. Codified Laws § 49-34A-8.1 — SD Code / Title 49 / Chapter 34A / Section 49-34A-8.1
Policy to alleviate financial burden of pricing structure
Status: in_force

Notwithstanding any other provision of law, the Public Utilities Commission shall after opportunity for hearing and rate design studies develop a policy alleviating the financial burden to electric and gas consumers of the declining block rate structure and any other pricing structure presently used by electric and gas utilities in the State of South Dakota.

Source: SL 1976, ch 296, § 10.
S.D. Codified Laws § 49-34-21 — SD Code / Title 49 / Chapter 34 / Section 49-34-21
Remedies additional
Status: in_force

It is the purpose of this section and §§ 49-34-18 to 49-34-20 , inclusive, to provide additional remedies to avoid the wrongful use of the facilities of utilities; and nothing in this section and §§ 49-34-18 to 49-34-20 , inclusive, abridges or alters those rights of action or remedies existing prior to July 1, 1985.

Source: SL 1985, ch 375, § 4.
S.D. Codified Laws § 49-41B-24 — SD Code / Title 49 / Chapter 41B / Section 49-41B-24
Permit for energy conversion facilities, AC/DC conversion facilities, or transmission facilities--Complete findings by commission required within year of application
Status: in_force

Within twelve months of receipt of the initial application for a permit for the construction of energy conversion facilities, AC/DC conversion facilities, or transmission facilities, the commission shall make complete findings in rendering a decision regarding whether a permit should be granted, denied, or granted upon such terms, conditions or modifications of the construction, operation, or maintenance as the commission deems appropriate.

Source: SL 1977, ch 390, § 18; SL 1980, ch 328, § 2; SL 1981, ch 341; SL 2006, ch 242, § 5; SL 2009, ch 243, § 3; SL 2015, ch 235, § 2.
S.D. Codified Laws § 49-1-4 — SD Code / Title 49 / Chapter 1 / Section 49-1-4
Duties of commissioners--Sessions of Public Utilities Commission--Removal
Status: in_force

Each Public Utilities Commissioner during his term of office shall devote his entire time and attention to the duties of his office. The Public Utilities Commission shall remain in continuous session at its office at the state capital except when necessarily absent in the performance of its duties. If any public utilities commissioner fails to comply with the provisions of this section, it is cause for his removal by the Governor.

Source: SDC 1939, § 52.0107; SL 1992, ch 325, § 4.
S.D. Codified Laws § 49-34A-48 — SD Code / Title 49 / Chapter 34A / Section 49-34A-48
Electric utility's right to continue service in area annexed to municipality
Status: in_force

The inclusion by incorporation, consolidation, or annexation of any part of the assigned service area of an electric utility within the boundaries of any municipality shall not in any respect impair or affect the rights of the electric utility to continue and extend electric service at retail throughout any part of its assigned service area unless a municipality which owns and operates an electric utility elects to purchase the facilities and property of the electric utility as provided in §§ 49-34A-49 to 49-34A-55 , inclusive.

Source: SL 1965, ch 254, § 10; SDCL, § 49-41-9; SL 1970, ch 261, § 10; SL 1975, ch 283, § 41.
S.D. Codified Laws § 49-7A-34 — SD Code / Title 49 / Chapter 7A / Section 49-7A-34
Board action has presumption of validity
Status: in_force

Any action or proceeding or order of the Statewide One - Call Notification Board raises a presumption of validity. The burden is upon the party claiming the order to be invalid to plead and prove the facts establishing the invalidity.

Source: SL 2002, ch 211, § 28.
S.D. Codified Laws § 49-16A-107 — SD Code / Title 49 / Chapter 16A / Section 49-16A-107
Malicious destruction of railroad property a felony
Status: in_force

Any person who maliciously removes, displaces, injures, or destroys any part of a railroad, any track of a railroad, any branch, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached to or connected with a railroad, is guilty of a Class 6 felony.

Source: SDC 1939, § 13.4513 (1); SDCL, § 49-27-8; SL 1976, ch 294, § 35; SL 1980, ch 322, § 106.
S.D. Codified Laws § 49-16A-75.4 — SD Code / Title 49 / Chapter 16A / Section 49-16A-75.4
Proceedings to establish compensation--Physical possession
Status: in_force

Upon a failure to reach agreement on compensation following a determination pursuant to § 49-16A-75.3 , either party may bring a proceeding in state court to establish compensation to be paid for the property taken or damaged. The court shall expedite the proceedings. A railroad is not entitled to physical possession of the property to be taken pursuant to the exercise of eminent domain except upon the earlier to occur of either:

(1) Execution of a written agreement between the parties as to fair market value of compensation;

(2) Entry of a judgment of condemnation in the circuit court; or

(3) Upon posting by the railroad of a bond to be established by the court as soon as possible but no later than one hundred twenty days following petition by the railroad for possession. The bond shall be in an amount the court determines to be a preliminary estimate of compensation based on the best information available, but is not determinative of final compensation or admissible as evidence thereon.

Source: SL 2008, ch 238, § 3.
S.D. Codified Laws § 49-7A-31 — SD Code / Title 49 / Chapter 7A / Section 49-7A-31
Board to keep transcript of proceedings--Certification
Status: in_force

In any action or proceeding based upon a complaint which comes before the board, the board shall keep a full, true, and verbatim record of all evidence introduced at any hearing or trial and prepare and file as a part of its record in the action or proceeding a true and correct transcript of the evidence, and attach all exhibits introduced at the trial. There shall be attached to the transcript a certificate from the recording secretary to the effect that it is a true and correct transcript of all testimony introduced at the trial.

Source: SL 2002, ch 211, § 25.
S.D. Codified Laws § 49-31-26 — SD Code / Title 49 / Chapter 31 / Section 49-31-26
Disclosure of message without written permission of sender or addressee as misdemeanor--Judicial disclosure excepted
Status: in_force

Any person not connected with a telecommunications company, who discloses the contents of a private communication addressed to another person, in the course of transmission or in any other manner, without the written permission of the sender of the communication, or of the person to whom the communication is addressed, except upon order of a circuit court judge, is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 13.4511; SL 1983, ch 15, § 117; SL 1987, ch 345, § 70.
S.D. Codified Laws § 49-34A-96 — SD Code / Title 49 / Chapter 34A / Section 49-34A-96
Promulgation of rules regarding renewable energy credit system
Status: in_force

The commission may promulgate rules pursuant to chapter 1-26 concerning:

(1) Requirements for tracking, recording, and verifying the trading of renewable energy credits;

(2) Requirements for compliance with a renewable energy credit system;

(3) Requirements for certification of renewable energy credits;

(4) Requirements for participation in a regional system that relates to renewable energy credits; and

(5) Requirements regarding the eligibility of a provider of electricity generated from renewable electricity or recycled energy to participate in the system.

Source: SL 2006, ch 241, § 3.
S.D. Codified Laws § 49-32A-6 — SD Code / Title 49 / Chapter 32A / Section 49-32A-6
Public hearings on feasibility study--District boundaries--Election on district--Order creating district--Filing
Status: in_force

The commissioners shall present the feasibility study to the general public residing in the proposed coverage area by public hearings. If sufficient public interest and support is indicated at the public hearings, the board of county commissioners shall establish the boundaries of the TV translator district and call for an election of the electorates therein. If the board of county commissioners passes an ordinance creating the district, they shall name the district "Translator District" and file a copy of the order creating the district, if only one county is included therein, with the county auditor and if portions of more than one county are included in the district a copy of the order shall be filed in each county and with the secretary of state.

Source: SL 1976, ch 76, § 4.
S.D. Codified Laws § 49-17A-3 — SD Code / Title 49 / Chapter 17A / Section 49-17A-3
Contents of agreement creating authority
Status: in_force

The agreement authorized in § 49-17A-2 shall state:

(1) That the railroad authority is created and incorporated under the provisions of this chapter as a political subdivision of this state, to exercise thereunder a part of the sovereign power of the state;

(2) The name of the authority which shall include the words "regional railroad authority";

(3) The names of the subdivisions which have approved the agreement and are the initial members of the regional railroad authority;

(4) The names and addresses of the persons initially appointed by the resolutions approving the agreement to act as the representatives or alternate representatives of the subdivisions;

(5) The address of the registered office of the authority and the name of its registered agent at such office;

(6) That the subdivisions which are members of the regional railroad authority and its commissioners, officers, and agents are not liable for its obligations;

(7) Any other provision for regulating the business of the regional railroad authority which may be agreed upon by the subdivisions.

Source: SL 1978, ch 344, § 3.
S.D. Codified Laws § 49-31-30 — SD Code / Title 49 / Chapter 31 / Section 49-31-30
Securing line by claiming nonexistent emergency as misdemeanor
Status: in_force

Any person who obtains the use of a party line by falsely stating that the line is needed for an emergency is guilty of a Class 2 misdemeanor.

Source: SL 1959, ch 49, § 3; SDC Supp 1960, § 13.1630; SL 1983, ch 15, § 120.
S.D. Codified Laws § 49-41B-4.2 — SD Code / Title 49 / Chapter 41B / Section 49-41B-4.2
Trans-state transmission line--Criteria required
Status: in_force

The South Dakota Legislature before approving a proposed trans - state transmission line shall find that each of the following criteria has been met:

(1) That the proposed trans - state transmission line and route will comply with all applicable laws and rules;

(2) That the proposed trans - state transmission line and route will not pose a threat of serious injury to the environment nor to the social and economic condition of inhabitants or anticipated inhabitants in the siting area;

(3) That the proposed trans - state transmission line and route will not substantially impair the health, safety or welfare of the inhabitants;

(4) That the proposed trans - state transmission line and route will not unduly interfere with the orderly development of the region with due consideration having been given to views of the governing bodies of effective local units of government;

(5) That the proposed trans - state transmission facility will be consistent with the public convenience and necessity in any area or areas which will receive electrical service, either direct or indirect, from the facility, regardless of the state or states in which area or areas are located.

Source: SL 1979, ch 318, § 4; SL 1980, ch 327, § 3; SL 1981, ch 340, § 2.
S.D. Codified Laws § 49-33-14.1 — SD Code / Title 49 / Chapter 33 / Section 49-33-14.1
Bylaws--Adoption, amendment or repeal by board
Status: in_force

The bylaws of a corporation organized under chapter 49-33 shall be initially adopted and may be altered, amended or repealed thereafter by the board of directors.

Source: SL 1986, ch 396, § 2.