S.D. Codified Laws § 49-43-1.1 — SD Code / Title 49 / Chapter 43 / Section 49-43-1.1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Commission," the Public Utilities Commission of this state;

(2) "Grain bank," grain which is received by a public grain warehouse from depositors for storage and is to be withdrawn and processed into feed as needed;

(3) "Independent provider," a third party entity that maintains an electronic central filing system of electronic warehouse receipts;

(4) "Open storage grain," grain received by a public grain warehouse from a depositor for which a warehouse receipt has not been issued or a purchase made and is not grain bank;

(5) "Public grain warehouse," any public warehouse where grain, as defined in § 49-45-1.1 , is received for storage for hire. A public grain warehouse may also purchase, receive or handle grain in accordance with the provisions of chapter 49-45 relating to grain buyers;

(6) "Receipt," a warehouse receipt which complies with the requirements of this chapter and the rules of the commission promulgated pursuant thereto. A warehouse receipt may be in an electronic form;

(7) "Scale ticket," a memorandum issued by a public grain warehouse or grain buyer to a depositor at the time grain is initially delivered, showing the weight of the load, kind of grain, date of delivery, and indicates whether the grain is to be sold or stored under a warehouse receipt, in open storage, or in a grain bank account.

Source: SL 1985, ch 376, § 17; SL 1986, ch 397, § 2; SL 1989, ch 404, § 1; SL 1994, ch 359, § 1; SL 2008, ch 249, § 2; SL 2011, ch 211, § 1; SL 2012, ch 232, § 1.
S.D. Codified Laws § 49-16A-58 — SD Code / Title 49 / Chapter 16A / Section 49-16A-58
Issuance of certificate reserving school and public lands for railroad
Status: in_force

The commissioner of school and public lands shall, upon the filing in his office by any railroad of a map of its road across any of the school or public lands, issue to that railroad a certificate stating that such lands have been reserved for its use. The certificate shall operate as authority to the railroad to take, hold, and use such lands for the purposes of its railroads.

Source: SDC 1939, § 52.0816; SDCL, § 49-20-7; SL 1980, ch 322, § 57.
S.D. Codified Laws § 49-32-16 — SD Code / Title 49 / Chapter 32 / Section 49-32-16
Activities exempt from high voltage safety requirements
Status: in_force

Sections 49-32-10 to 49-32-14 , inclusive, shall not be construed as applying to, nor shall they apply to:

(1) Construction, reconstruction, operation, or maintenance of any high voltage overhead conductor, supporting structure or appurtenances for the support or operation of a high voltage conductor by persons authorized by the owner or operator; nor

(2) Work being done on telephone or communication circuits or their supporting structures; nor

(3) The operation or maintenance of any equipment traveling or moving upon fixed rails.

Source: SL 1973, ch 288, § 7.
S.D. Codified Laws § 49-40-10 — SD Code / Title 49 / Chapter 40 / Section 49-40-10
Court hearing and investigation respecting dissolution--Filing order of dissolution with clerk of courts and secretary of state
Status: in_force

After such hearing and such independent investigation as may be deemed advisable, the court shall grant or reject the prayer of a petition filed pursuant to § 49-40-9 , and, if the prayer of the petition is granted, the court shall thereupon issue its order declaring the district dissolved and terminated. The order of court shall thereupon be filed in the office of the clerk of courts of the county in which the petition for dissolution is filed, and a certified copy of such order shall immediately be filed in the Office of the Secretary of State, and a certified copy shall be filed in the office of the clerk of courts of each county into which any part of the district may extend. The district shall thereupon be dissolved, and cease to exist.

Source: SL 1950 (SS), ch 17, § 77; SDC Supp 1960, § 52.1776.
S.D. Codified Laws § 49-45-16 — SD Code / Title 49 / Chapter 45 / Section 49-45-16
Grounds for suspension of grain buyer's license--Hearing--Revocation
Status: in_force

The commission may immediately suspend the license of a grain buyer and the grain buyer shall surrender the license to the commission if:

(1) The grain buyer refuses, neglects, or is unable, upon proper demand, to redeem any scale ticket issued by the grain buyer, through redelivery or cash payment;

(2) The grain buyer refuses, neglects, or is unable to provide a bond in an amount required by the commission;

(3) The commission has knowledge of any act of insolvency, including the filing of a petition in bankruptcy naming the grain buyer as debtor; or

(4) The grain buyer refuses to submit to an inspection or cooperate with the lawful requests of a commission inspector, including requests for access to and copies of the books and records of the grain buyer.

Within fifteen days the grain buyer may request a hearing pursuant to chapter 1-26 to determine if the license should be revoked. If no request is made within fifteen days, the commission shall revoke the license.

Source: SL 1989, ch 404, § 5; SL 2008, ch 251, § 15; SL 2011, ch 211, § 10; SL 2013, ch 238, § 16, eff. Apr. 1, 2013.
S.D. Codified Laws § 49-1-13 — SD Code / Title 49 / Chapter 1 / Section 49-1-13
Annual report to Governor--Contents
Status: in_force

The Public Utilities Commission shall annually make a report of its activities to the Governor, at the time and in the manner prescribed by law for other state officers, containing the facts, statements, and explanations deemed necessary by the commission to fully disclose its transactions and conduct.

The commission shall include among other matters, in its annual report the extent such regulation is conferred upon the commission by chapter 49-34A , the following:

(1) A complete financial report of receipts and expenditures, including a list of the regulated utilities and the total amount of fees and assessments paid by each;

(2) A list of the applications, subject, and disposition of each docket number assessed by the commission.

Source: SDC 1939, § 52.0110; SL 1982, ch 14, § 1.
S.D. Codified Laws § 49-41B-27 — SD Code / Title 49 / Chapter 41B / Section 49-41B-27
Construction, expansion, and improvement of facilities
Status: in_force

Utilities which have acquired a permit in accordance with the provisions of this chapter may proceed to improve, expand, or construct the facility for the intended purposes at any time, subject to the provisions of this chapter; provided, however, that if such construction, expansion and improvement commences more than four years after a permit has been issued, then the utility must certify to the Public Utilities Commission that such facility continues to meet the conditions upon which the permit was issued.

Source: SL 1977, ch 390, § 29.
S.D. Codified Laws § 49-50-2 — SD Code / Title 49 / Chapter 50 / Section 49-50-2
Electricity--Separate service terms and conditions
Status: in_force

A provider of electricity shall establish and maintain separate terms and conditions for electric service applicable to a data center. The terms and conditions must require that the data center reimburse any provider of electricity for all costs fairly attributed to the data center for service demand and utility consumption, including costs incurred to serve the data center if the data center departs the system or materially reduces its load.

Source: SL 2026, ch 190, § 3.
S.D. Codified Laws § 49-31-32.3 — SD Code / Title 49 / Chapter 31 / Section 49-31-32.3
Each day of violation constitutes separate offense
Status: in_force

For the purposes of §§ 49-31-32.1 to 49-31-32.3 , inclusive, each day of a violation constitutes a separate offense.

Source: SL 1989, ch 196, § 3.
S.D. Codified Laws § 49-7-18 — SD Code / Title 49 / Chapter 7 / Section 49-7-18
Payment for school and public lands taken--Valuation--Governor's deed--Reverter
Status: in_force

Before a pipeline is constructed over school and public lands, payment of the full value of the lands so taken must be made, the value to be ascertained by the commissioner of school and public lands or, in the event of disagreement, by the circuit court in the manner provided for a condemnation proceeding, the Governor shall convey by deed of right - of - way, to the pipeline company constructing the pipeline, the right to hold and use such lands for such purposes only as authorized by this chapter. The deed shall be executed in the name of the state by the Governor, under the great seal of the state, and attested by the commissioner of school and public lands, under the seal of his office. The deed shall contain the provisions that should the land cease to be used, for a period of two years, for the purpose for which the deed was granted, the right - of - way shall revert to the state.

Source: SL 1980, ch 321, § 8.
S.D. Codified Laws § 49-34A-35 — SD Code / Title 49 / Chapter 34A / Section 49-34A-35
Sale, lease, disposition, purchase, merger, or consolidation prohibited unless authorized by commission--Certain transactions excepted
Status: in_force

No public utility, without first being authorized to do so by the commission, may:

(1) Sell, lease, or otherwise dispose of its property or business constituting an operating unit or system in this state to another person;

(2) Sell, lease, or otherwise dispose of its operating property or plant used to provide gas or electric service to its customers in this state to another person;

(3) Purchase the property or business constituting an operating unit or system in this state of another public utility; or

(4) Merge or consolidate with another public utility operating in this state.

However, if the sale, lease, merger, consolidation, or other disposition of the property or business of one public utility to another person, as provided in subdivisions (1) to (4), inclusive, does not involve a sale, lease, merger, consolidation, or disposition wherein the fair market value exceeds ten million dollars, the sale, lease, merger, consolidation, or disposition is not subject to the restrictions of this section.

No person may acquire or gain control either directly or indirectly of any public utility doing business in this state that has a fair market value exceeding ten million dollars without the commission's prior authorization. As used in this section, the term, control, means the right to direct or cause the direction of the management and policies of the public utility, whether through the ownership of voting securities, by contract, or otherwise.

Source: SL 1975, ch 283, § 23; SL 2007, ch 270, § 1.
S.D. Codified Laws § 49-41B-25.2 — SD Code / Title 49 / Chapter 41B / Section 49-41B-25.2
Wind energy facility to include aircraft detection lighting system
Status: in_force

For any wind energy facility that receives a permit under this chapter after July 1, 2019, the facility shall be equipped with an aircraft detection lighting system that meets the requirements set forth by the Federal Aviation Administration for obstruction marking and lighting in Chapter 14 of FAA Advisory Circular (AC) 70/7460-1L, "Obstruction Marking and Lighting," dated December 4, 2015. Any cost associated with the installation, operation, or maintenance of a system under this section is solely the responsibility of any owner of the wind energy facility.

Source: SL 2019, ch 201, § 1.
S.D. Codified Laws § 49-16A-39 — SD Code / Title 49 / Chapter 16A / Section 49-16A-39
Carload lots--Transfer to connecting road without added charge
Status: in_force

Carload lots shall be transferred to a connecting railroad without charge, in addition to the quoted rate, to the shipper or receiver of such carload lots, and such transfer shall be made without unreasonable delay.

Source: SDC 1939, § 52.0221; SDCL, § 49-12-2; SL 1980, ch 322, § 39.
S.D. Codified Laws § 49-31-102 — SD Code / Title 49 / Chapter 31 / Section 49-31-102
Copy of register required for telephone solicitors making unsolicited calls
Status: in_force

Any telephone solicitor who makes unsolicited telephone calls to South Dakota residential telephone subscribers shall obtain a copy of the register.

Source: SL 2003, ch 238, § 4.
S.D. Codified Laws § 49-34A-79 — SD Code / Title 49 / Chapter 34A / Section 49-34A-79
Public or electric utilities authorized to remove certain obstructions
Status: in_force

Any public utility or electric utility as defined in § 49-34A-1 and any utility operated by any political subdivision of the state may remove or alter any vegetation or other material if the utility determines that such removal or alteration is reasonably necessary for the safe repair, use, operation, or maintenance of the utility's electric or gas transmission or distribution lines.

Source: SL 1999, ch 229, § 1.
S.D. Codified Laws § 49-36-1.4 — SD Code / Title 49 / Chapter 36 / Section 49-36-1.4
References to party ballot or affiliation prohibited on petition
Status: in_force

In any petition filed by or on behalf of any candidate for nomination to director office at any primary election or any attachment thereto, no reference may be made to any party ballot or to the party affiliation of the candidate.

Source: SL 1989, ch 403, § 8.
S.D. Codified Laws § 49-17-20 — SD Code / Title 49 / Chapter 17 / Section 49-17-20
Acceptance of moneys for county or municipality for railroad purposes
Status: in_force

The South Dakota Transportation Commission may act for any county or municipality upon the request of the governing body of such county or municipality, in accepting and receiving moneys for railroad purposes.

Source: SL 1978, ch 343, § 2.
S.D. Codified Laws § 49-1-18 — SD Code / Title 49 / Chapter 1 / Section 49-1-18
Neglect or refusal to perform duties--Misdemeanor--Forfeiture of office
Status: in_force

Any Public Utilities Commissioner who intentionally neglects or refuses to perform the duties imposed upon him by this title, is guilty of a Class 2 misdemeanor and in addition to the punishment provided by law, he shall upon conviction forfeit his office.

Source: SDC 1939, § 52.9904; SL 1983, ch 15, § 95.
S.D. Codified Laws § 49-16A-108 — SD Code / Title 49 / Chapter 16A / Section 49-16A-108
Malicious obstruction of tracks a felony
Status: in_force

Any person who maliciously places an obstruction on the rails or track of a railroad, or any branch, or turnout connected with a railroad, is guilty of a Class 6 felony.

Source: SDC 1939, § 13.4513 (2); SDCL, § 49-27-9; SL 1976, ch 294, § 36; SL 1980, ch 322, § 107.
S.D. Codified Laws § 49-7A-8 — SD Code / Title 49 / Chapter 7A / Section 49-7A-8
Location of underground facilities--Marking--Response time--Minimum clearance--Promulgation of rules
Status: in_force

An operator shall, upon receipt of the notice, advise the excavator of the location of underground facilities in the proposed excavation area by marking the location of the facilities with stakes, flags, paint, or other clearly identifiable markings within eighteen inches horizontally from the exterior sides of the underground facilities. The board shall promulgate rules, pursuant to chapter 1-26 , to establish the response time for operators to mark the underground facilities. The operator's response time must be within one of the following periods, whichever is later:

(1) The forty-eight-hour period beginning at 12:01 a.m. the day after notice is received; or

(2) The period between notice being given and the excavation start time provided by the excavator.

The forty-eight-hour period does not include Saturdays, Sundays, or legal holidays of the state. The response time may be less than the forty-eight-hour period for emergency or subsequent inquiries to the original locate request, and may be longer than the forty-eight-hour period for nonexcavation requests.

Excavators shall maintain a minimum horizontal clearance of eighteen inches between a marked underground facility and the cutting edge of any mechanical equipment. If excavation is required within eighteen inches, horizontally, the excavator must expose the facility with hand tools or noninvasive methods approved pursuant to rule, and protect and support the facility prior to further excavation with mechanical equipment.

Source: SL 1993, ch 346, § 9; SL 1997, ch 263, § 4; SL 2002, ch 211, § 6; SL 2026, ch 183, § 2.
S.D. Codified Laws § 49-45-24 — SD Code / Title 49 / Chapter 45 / Section 49-45-24
Notice of destruction of or damage to facility
Status: in_force

A grain buyer shall notify the commission, within twenty-four hours, if the facility of a facility-based grain buyer is destroyed or substantially damaged.

Source: SL 2008, ch 251, § 22.
S.D. Codified Laws § 49-33-12 — SD Code / Title 49 / Chapter 33 / Section 49-33-12
Powers of corporation--Rules and regulations--Rates--Discrimination prohibited
Status: in_force

Every corporation organized under this chapter shall have power to regulate the time and manner in which passengers and property shall be transported and the compensation to be paid therefor, but in so doing no preference, advantage, or monopoly shall be given to any person, company, or corporation doing business with it or doing business at more than one point along the line of its road.

Source: SDC 1939, § 52.1509 (7).
S.D. Codified Laws § 49-31-2 — SD Code / Title 49 / Chapter 31 / Section 49-31-2
Applicability of statutes to telecommunications companies
Status: in_force

The provisions of chapters 49-7 to 49-13 , inclusive, and this chapter apply to all telecommunications companies and to all telecommunications lines and facilities of any kind, character or description in use by any corporation, receiver, trustee, or other person operating a telecommunications company, whether owned or operated under contract, agreement, lease or otherwise.

Source: SDC 1939, §§ 52.0201, 52.1301; SDCL, § 49-3-3; SL 1979, ch 307, § 19; SL 1987, ch 345, § 42; SL 1992, ch 328, § 2.
S.D. Codified Laws § 49-43-5.6 — SD Code / Title 49 / Chapter 43 / Section 49-43-5.6
Grounds for suspension of license
Status: in_force

The commission may immediately suspend the license of a warehouse operator and the warehouse operator shall surrender the license to the commission if:

(1) The warehouse operator, whether licensed or unlicensed, refuses, neglects, or is unable, upon proper demand, to redeem any warehouse receipt or scale ticket for grain in open storage or in grain bank issued by the warehouse operator, through redelivery or cash payment;

(2) The warehouse operator refuses, neglects, or is unable to provide a bond in an amount required by the commission;

(3) The commission has knowledge of any act of insolvency, including the filing of a petition in bankruptcy naming the warehouse as debtor; or

(4) The warehouse operator refuses to submit to an inspection or cooperate with the lawful requests of a commission inspector, including requests for access to and copies of the books and records of the warehouse.

Within fifteen days the warehouse operator may request a hearing pursuant to chapter 1-26 to determine if the license should be revoked. If no request is made within fifteen days, the commission shall revoke the license. If the commission determines it is necessary, the commission may apply to the circuit court in the county in which the warehouse operator operates for that court to appoint a receiver. The receiver has such powers and duties as the court may direct.

Source: SL 1987, ch 355, § 3; SL 2008, ch 249, § 13; SL 2013, ch 238, § 3, eff. Apr. 1, 2013.
S.D. Codified Laws § 49-30-4 — SD Code / Title 49 / Chapter 30 / Section 49-30-4
Powers of corporation--Survey for proposed pole line--Entry upon property
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 cause such examination and surveys for its proposed lines of telegraph or telephone to be made as may be necessary to the selection of the most advantageous routes, and for such purposes, by its officers or agents and servants, to enter upon the lands or waters of any person, but subject to responsibility for all damage that shall be done thereto.

Source: SDC 1939, § 52.1311 (1).
S.D. Codified Laws § 49-34A-68 — SD Code / Title 49 / Chapter 34A / Section 49-34A-68
Penalties cumulative--Single action does not bar other remedies
Status: in_force

All penalties accruing under this chapter shall be cumulative, and a suit for the recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or forfeiture or be a bar to any criminal prosecution against any utility or any officer, director, agent, or employee thereof or any person.

Source: SL 1975, ch 283, § 53.
S.D. Codified Laws § 49-34A-110 — SD Code / Title 49 / Chapter 34A / Section 49-34A-110
Responsibility for safety and reliability of farm tap distribution system
Status: in_force

The farm tap customer is responsible for the safety and reliability of the farm tap distribution system, unless the farm tap customer has contracted with or transferred ownership of his farm tap distribution system to a farm tap service provider pursuant to a written agreement which expressly transfers the responsibility for the safety and reliability of the farm tap distribution system to the farm tap service provider.

Source: SL 2017, ch 197, § 3.
S.D. Codified Laws § 49-34A-16 — SD Code / Title 49 / Chapter 34A / Section 49-34A-16
Delay in effectuation of suspended rate schedule pending disposition of previously filed changes--Time--Violation as petty offense--Separate offenses
Status: in_force

No public utility may put a suspended rate schedule into effect until at least forty - five days after the Public Utilities Commission has made a determination concerning any previously filed change of the rate schedule. An intentional violation of this section is a petty offense. After the first judgment, each day's violation is a separate offense.

Source: SL 1975, ch 283, § 9; SL 1976, ch 296, § 16; SL 1983, ch 15, § 142.
S.D. Codified Laws § 49-34C-4 — SD Code / Title 49 / Chapter 34C / Section 49-34C-4
Failure to comply--Interruption of operation
Status: in_force

If the Commission finds, after notice and opportunity for hearing, that a person has failed to comply with any requirement of this chapter, the Commission may suspend or restrict the operation of the pipeline and may order the person to comply with this chapter. The Commission may issue a temporary ex parte order to suspend or restrict operation if the Commission determines a likelihood of immediate serious harm to life, health, environment, or property exists. The operator has the right of appeal from such decisions as provided by chapter 1-26 . The Commission may apply to the circuit court in any county in which the biogas gathering line operates for orders that enjoin operation.

Source: SL 2022, ch 172, § 4.
S.D. Codified Laws § 49-16C-4 — SD Code / Title 49 / Chapter 16C / Section 49-16C-4
Interest and fees on loans to regional authorities
Status: in_force

The South Dakota State Railroad Board may set from time to time the interest rates at which it shall make the loans provided for in § 49-16C-3 . In addition to such interest charges, the board may make and collect such costs, fees, and other charges as the board may deem necessary.

Source: SL 1981, ch 100, § 8.
S.D. Codified Laws § 49-34B-7 — SD Code / Title 49 / Chapter 34B / Section 49-34B-7
Required records and information--Inspection by employee or agent of commission
Status: in_force

Any person who engages in the intrastate transportation of gas or who owns or operates intrastate gas pipeline facilities shall establish, maintain, and provide such records, reports, and information as the commission may require to determine whether the person has complied with the provisions of this chapter and the standards established under this chapter. Any such person shall, upon request of an employee or agent authorized by the commission, permit the employee or agent to inspect facilities, books, papers, records, and documents relevant to determining whether the person has complied with this chapter and the standards established pursuant to this chapter. Any employee or agent of the commission, upon presenting appropriate credentials to the individual in charge, may enter upon and inspect gas pipeline facilities at reasonable times and in a reasonable manner.

Source: SL 1994, ch 357, § 6.
S.D. Codified Laws § 49-17A-31 — SD Code / Title 49 / Chapter 17A / Section 49-17A-31
Bond recital conclusive as to authority and purpose
Status: in_force

Any bond reciting that it has been issued by the authority pursuant to the provisions and for the purposes of this chapter shall be conclusively deemed to have been issued pursuant to such provisions and for such purposes.

Source: SL 1978, ch 344, § 29.
S.D. Codified Laws § 49-34A-33 — SD Code / Title 49 / Chapter 34A / Section 49-34A-33
Order permitting issue of securities or assumption of obligations--Supplemental orders
Status: in_force

The Public Utilities Commission, after opportunity for hearing, may grant any application under §§ 49-34A-29 and 49-34A-30 in whole or in part, and with such modifications and upon such terms and conditions as it may find necessary or appropriate, and may from time to time, after opportunity for hearing and for good cause shown, make such supplemental orders in the premises as it may find necessary or appropriate, and may by any such supplemental order modify the provisions of any previous order as to the particular purposes, uses, and extent to which, or the conditions under which, any security so theretofore authorized or the proceeds thereof may be applied, subject always to the requirements of this chapter.

Source: SL 1975, ch 283, § 19; SL 1976, ch 296, § 24.
S.D. Codified Laws § 49-16A-64 — SD Code / Title 49 / Chapter 16A / Section 49-16A-64
Plat of proposed road filed with department--Grant of permit to construct road
Status: in_force

Any railroad planning to construct a road in this state, and having otherwise complied with all appropriate laws, shall file with the Department of Transportation a plat of the road proposed to be constructed, stating the principal points through which it is planned to construct the road. The department shall, if satisfied that the road is desirable and that there is a probability that it will be constructed, grant a permit to the railroad to construct the road.

Source: SDC 1939, § 52.0805; SDCL, § 49-19-1; SL 1980, ch 322, § 63.
S.D. Codified Laws § 49-16A-108.1 — SD Code / Title 49 / Chapter 16A / Section 49-16A-108.1
Application of §§49-16A-107and49-16A-108to tourist railroad carrier
Status: in_force

The provisions of §§ 49-16A-107 and 49-16A-108 apply to a tourist railroad carrier. A tourist railroad carrier is any person who is engaged in the business of selling tickets or admission to transport passengers by rail in this state primarily as a visitor attraction and the person owns, leases, or uses a minimum of five miles of railroad track.

Source: SL 2016, ch 224, § 1.
S.D. Codified Laws § 49-33-2 — SD Code / Title 49 / Chapter 33 / Section 49-33-2
Provisions applicable to gas companies
Status: in_force

All of the provisions of this chapter and chapter 49-34 shall apply to corporations organized for the purpose of manufacturing, producing, supplying, or transporting gas, natural or artificial, and such corporation shall possess and may exercise and enjoy, as to organization, control, management, and operation, all of the privileges, rights, powers, and franchises possessed by electric light and power corporations, so far as they are consistent therewith.

Source: SDC 1939, § 52.1801.
S.D. Codified Laws § 49-34A-101 — SD Code / Title 49 / Chapter 34A / Section 49-34A-101
State renewable, recycled, and conserved energy objective established
Status: in_force

There is hereby established a state renewable, recycled, and conserved energy objective that ten percent of all electricity sold at retail within the state by the year 2015 be obtained from renewable, recycled, and conserved energy sources. In the case of renewable and recycled energy, the objective shall be measured by qualifying megawatt hours delivered at retail or by certificates representing credits purchased and retired to offset nonqualifying retail sales. In the case of conserved energy, the objective shall be measured by methods established by rules promulgated by the commission pursuant to chapter 1-26 . This objective is voluntary, and there is no penalty or sanction for a retail provider of electricity that fails to meet this objective. The objective applies to each retail provider of electricity in the state, regardless of the ownership status of the electricity retailer. Any municipal or cooperative utility that receives wholesale electricity through a municipal power agency or generation and transmission cooperative may aggregate the utility's renewable, recycled, and conserved energy objective resources to meet this objective.

Source: SL 2008, ch 244, § 1; SL 2009, ch 241, § 1.
S.D. Codified Laws § 49-31-118 — SD Code / Title 49 / Chapter 31 / Section 49-31-118
Wireless telephone number information in wireless directory assistance service database--Authorization for inclusion or sale
Status: in_force

No provider of mobile telecommunications service, or any direct or indirect affiliate or agent of a provider, may include the wireless telephone number information of a South Dakota subscriber in a wireless directory assistance service database or publish, sell, or otherwise disseminate the contents of a wireless directory assistance service database unless:

(1) The mobile telecommunications service provider provides a conspicuous separate notice to the subscriber informing the subscriber of the right not to be listed in a wireless directory assistance service; and

(2) The mobile telecommunications services provider obtains express prior authorization for listing from the subscriber, separate from any authorization obtained to provide such subscriber with mobile telecommunications service, or any calling plan or service associated with the mobile telecommunications service, and the authorization has not been subsequently withdrawn.

Source: SL 2005, ch 243, § 2.
S.D. Codified Laws § 49-16C-7 — SD Code / Title 49 / Chapter 16C / Section 49-16C-7
Continuous appropriation of fund
Status: in_force

Any funds in the railroad trust fund designated for expenditure by any of the provisions of § 49-16B-13.1 , 49-16C-2 , 49-16C-3 , 49-16C-5 , or 49-16C-6 are hereby continuously appropriated for such purposes.

Source: SL 1981, ch 100, § 10A.
S.D. Codified Laws § 49-16A-22 — SD Code / Title 49 / Chapter 16A / Section 49-16A-22
Pooling agreements as restraint of trade
Status: in_force

Any pooling agreement or arrangement among railroads or among railroads and other common carriers is a violation of §§ 37-1-3.1 and 37-1-3.2 .

Source: SL 1980, ch 322, § 22.
S.D. Codified Laws § 49-43-5.9 — SD Code / Title 49 / Chapter 43 / Section 49-43-5.9
Claim against warehouseman--Time limitation--Notice of revocation of license
Status: in_force

Upon revocation, termination, or cancellation of a warehouse license, any claim against the warehouseman arising under this chapter shall be made in writing with the commission within six months after receiving notice of revocation, termination, or cancellation. Upon revocation of a warehouse license, the commission shall publish notice of the revocation once each week for two consecutive weeks in a newspaper of general circulation in each county in which the licensee maintains a business location and in a newspaper of general circulation within the state. The commission shall also send notice of the revocation by certified mail to each grain storage receipt and scale ticket holder named in the audit prepared pursuant to § 49-43-5.8 . The notice shall state the name and address of the warehouseman, the effective date of revocation, and the name and address of the surety on the warehouse bond. The notice shall also state that any claims against the warehouseman shall be made in writing and sent by ordinary mail to the commission within six months after receiving notice of revocation.

Source: SL 1987, ch 355, § 5; SL 1989, ch 30, § 83; SL 1989, ch 404, § 4; SL 2017, ch 200, § 2.
S.D. Codified Laws § 49-49-2 — SD Code / Title 49 / Chapter 49 / Section 49-49-2
Initial submission of plan--Publication--Amendment--Attestation--Promulgation of rules
Status: in_force

A qualified utility that is not an electric cooperative or municipal utility may submit a wildfire mitigation plan to the commission for filing and publishing. The commission shall file and publish on its website all wildfire mitigation plans submitted to it within one hundred twenty days of receipt. An amendment to a qualified utility's wildfire mitigation plan may also be submitted pursuant to this chapter and is subject to the same process and requirements.

A wildfire mitigation plan submitted to the commission must contain an attestation signed by an officer of the utility submitting the plan. The attestation must contain a statement certifying that the plan contains all provisions required by this chapter. Publication of a wildfire mitigation plan or annual report by the commission is a determination that the wildfire mitigation plan contains the statutory elements and is complete.

The commission may promulgate rules, pursuant to chapter 1-26 , to further implement the provisions of this section.

A qualified utility that is an electric cooperative or a municipal utility may submit a wildfire mitigation plan to its approval authority for review and approval. The approval authority shall act upon a submitted wildfire mitigation plan within one hundred twenty days of submission. If approved, the electric cooperative or municipal utility must publish the wildfire mitigation plan on its website.

Source: SL 2026, ch 189, § 2.
S.D. Codified Laws § 49-31-103 — SD Code / Title 49 / Chapter 31 / Section 49-31-103
Commission may use national "do-not-call" registry
Status: in_force

Notwithstanding any other provision of §§ 49-31-99 to 49-31-108 , inclusive, the commission may use the national "do - not - call" registry established and maintained by the Federal Trade Commission as the register.

Source: SL 2003, ch 238, § 8.
S.D. Codified Laws § 49-34A-52 — SD Code / Title 49 / Chapter 34A / Section 49-34A-52
Acknowledgment by utility of municipal offer to purchase facilities in annexed area--Obligations of parties
Status: in_force

The electric utility, within ninety days after receipt of an offer by the annexing municipality to purchase the utility's electric distribution properties and service rights within the annexed area, shall signify in writing its acknowledgment of the offer, and the parties shall proceed to act. The annexing municipality shall then be obligated to buy and pay for, and the utility shall be obligated to sell to the municipality such properties and rights free and clear of all mortgage liens and encumbrances for the aforesaid cash consideration computed and payable as provided in § 49-34A-50 .

Source: SL 1975, ch 283, § 42 (4).
S.D. Codified Laws § 49-34-11.2 — SD Code / Title 49 / Chapter 34 / Section 49-34-11.2
Perfection of security interest in personal property or fixtures of public utility--Filing requirements and effectiveness
Status: in_force

Notwithstanding §§ 57A-9-302 , 57A-9-401 , 57A-9-402 , and 57A-9-403 , all filings required under the uniform commercial code in order to perfect a security interest against the personal property or fixtures of a debtor public utility shall be made and maintained in the Office of the Secretary of State. If the financing statement covers goods of a debtor public utility which are or are to become fixtures, no description of the real estate or the name of the record owner thereof is required. Filing of a financing statement against the property of a debtor public utility is effective until released or terminated.

Source: SL 1989, ch 402, § 3.
S.D. Codified Laws § 49-28-62 — SD Code / Title 49 / Chapter 28 / Section 49-28-62
Violation of chapter as misdemeanor
Status: in_force

Any person who operates any motor vehicle for the transportation of persons or property for hire on any public highway in this state, except in accordance with the provisions of this chapter, is guilty of a Class 2 misdemeanor. A subsequent violation of this section within any six - month period is a Class 1 misdemeanor.

Source: SDC 1939, § 44.9925; SL 1985, ch 374, § 44; SL 1992, ch 327, § 1.
S.D. Codified Laws § 49-16A-116 — SD Code / Title 49 / Chapter 16A / Section 49-16A-116
Municipal claim to reverter in railroad property--Quit claim authorized
Status: in_force

The governing body of any municipality which may have a claim to a reverter or possibility of reverter in railroad property acquired by the act of Congress approved March 3, 1875, as amended, and conveyed by the railroad, may without charge or consideration quit claim such interest as may have been established by 42 Stat. 414 (March 8, 1922) to current owners of record claiming title to said property.

Source: SL 1981, ch 329, § 2.
S.D. Codified Laws § 49-28A-3 — SD Code / Title 49 / Chapter 28A / Section 49-28A-3
Adoption of federal regulations--Penalty
Status: in_force

The state hereby adopts Title 49 of the Code of Federal Regulations, subtitle B, chapter I, subchapter A, part 107 (subparts F and G only) and subchapter C, parts 171 to 180, inclusive, as amended through January 1, 2026, and Title 49 of the Code of Federal Regulations, subtitle B, chapter III, subchapter B, part 387 and parts 390 to 397, inclusive, as amended through January 1, 2026, with the following modifications:

(1) All references to interstate operations must also include intrastate operations except that drivers and motor carriers operating intrastate vehicles and combinations of vehicles with a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight that does not equal or exceed twenty six thousand one pounds, which are not used to transport hazardous materials requiring placarding under part 177, or designed to transport more than fifteen passengers, including the driver, are not subject to parts 390 to 397, inclusive;

(2) For the purposes of 49 C.F.R. § 391.11(b)(1), a driver must be at least twenty-one years old if engaged in interstate commerce, or transporting hazardous material of a type or quantity requiring placarding under part 177, or operating a vehicle designed to transport more than fifteen passengers, including the driver. All other drivers must be at least eighteen years old.

Any violation of the motor carrier safety requirements governing the qualifications of drivers, driving of motor vehicles, parts and accessories necessary for safe operation, notification and reporting of accidents, assistance with investigations and special studies, hours of service of drivers, inspection, repair, and maintenance, found in part 387 and parts 390 to 396, inclusive, is a Class 2 misdemeanor.

Any violation of the hazardous materials regulations pertaining to registration of cargo tank motor vehicles, registration of persons who offer or transport hazardous materials, general information, regulations and definitions, hazardous materials tables, hazardous materials communication regulations, and test and inspection marking requirements, found in parts 107 (subparts F and G only), 171, 172, and 178 to 180, inclusive, is a Class 2 misdemeanor.

Any violation of the hazardous materials regulations pertaining to packaging, prohibited shipments, loading and unloading, segregation and separation, retesting and inspection of cargo tanks, and other carriage by regulations found in parts 173 to 180, inclusive, or violation of the driving and parking rules, found in part 397, is a Class 1 misdemeanor.

Source: SL 1981, ch 241, § 2; SDCL Supp, § 32-9-49; SL 1984, ch 309, § 3; SL 1986, ch 22, § 16; SL 1986, ch 395, § 1; SL 1989, ch 400; SL 1991, ch 383; SL 1993, ch 235, § 6; SL 1995, ch 262; SL 1997, ch 265, § 1; SL 1998, ch 273, § 1; SL 2001, ch 254, § 1; SL 2002, ch 213, § 1; SL 2003, ch 237, § 1; SL 2004, ch 282, § 1; SL 2005, ch 242, § 1; SL 2006, ch 235, § 1; SL 2007, ch 265, § 1; SL 2008, ch 239, § 1; SL 2009, ch 237, § 1; SL 2010, ch 221, § 1; SL 2011, ch 205, § 1; SL 2012, ch 229, § 1; SL 2013, ch 236, § 1; SL 2014, ch 220, § 1; SL 2015, ch 230, § 1; SL 2016, ch 225, § 1; SL 2017, ch 196, § 1; SL 2018, ch 263, § 1; SL 2018, ch 264, § 1; SL 2019, ch 198, § 1; SL 2020, ch 201, § 1; SL 2021, ch 199, § 1; SL 2022, ch 169, § 1; SL 2023, ch 157, § 1; SL 2024, ch 187, § 1; SL 2025, ch 192, § 1; SL 2026, ch 184, § 1.
S.D. Codified Laws § 49-7-20 — SD Code / Title 49 / Chapter 7 / Section 49-7-20
Right to enter and cross school and public lands
Status: in_force

Nothing in this chapter may be so construed as to prevent any other person from obtaining the right to enter upon and cross school or other public lands of the state and to maintain his right - of - way across or along such lands.

Source: SL 1980, ch 321, § 10.
S.D. Codified Laws § 49-16B-40 — SD Code / Title 49 / Chapter 16B / Section 49-16B-40
Interim notes--No personal liability
Status: in_force

No member, officer, agent, or employee of the authority, nor any other person who executes interim notes, may be liable personally by reason of the issuance thereof.

Source: SL 1980, ch 323, § 35.
S.D. Codified Laws § 49-43-36 — SD Code / Title 49 / Chapter 43 / Section 49-43-36
Open storage grain considered stored grain
Status: in_force

Open storage grain is considered stored grain and is covered by the warehouse bond required pursuant to § 49-43-5.3 .

Source: SL 2008, ch 249, § 24.
S.D. Codified Laws § 49-34A-94 — SD Code / Title 49 / Chapter 34A / Section 49-34A-94
Renewable electricity and recycled energy defined
Status: in_force

For the purposes of §§ 49-34A-94 to 49-34A-96 , inclusive, renewable electricity and recycled energy include electricity generated from facilities using one or more of the following sources:

(1) Wind that uses wind as the source of energy to produce electricity;

(2) Solar that uses the sun as the source of energy to produce electricity;

(3) Hydroelectric that uses water as the source of energy to produce electricity;

(4) Hydrogen that is generated from one of the sources listed in this section;

(5) Biomass that uses agricultural crops and agricultural wastes and residues, wood and wood wastes and residues, animal and other degradable organic wastes, municipal solid waste, or landfill gas as the fuel to produce electricity;

(6) Geothermal that uses energy contained in heat that continuously flows outward from the earth as the source of energy to produce electricity; and

(7) Recycled energy systems that produce electricity from currently unused waste heat resulting from combustion or other processes and which do not use an additional combustion process. The term does not include any system whose primary purpose is the generation of electricity.

Source: SL 2006, ch 241, § 1; SL 2007, ch 271, § 1; SL 2008, ch 243, § 1.
S.D. Codified Laws § 49-33-22 — SD Code / Title 49 / Chapter 33 / Section 49-33-22
Increase in capital stock and amendment of articles of incorporation--Majority vote or greater required
Status: in_force

The capital stock of any corporation organized under this chapter may be increased to such an amount as may, by its stockholders, be deemed necessary, and the articles of incorporation may be amended by the vote of the owners of a majority of its capital stock, or such greater proportions of the shares of capital stock, or of any class or series thereof, as provided in the corporation's articles of incorporation, at any annual meeting or at any special meeting called for that purpose.

Source: SDC 1939, § 52.1508; SL 1986, ch 396, § 8.
S.D. Codified Laws § 49-34A-103 — SD Code / Title 49 / Chapter 34A / Section 49-34A-103
Calculation of amount of electricity from renewable, recycled, and conserved energy source
Status: in_force

For the purpose of calculating the amount of electricity from a renewable, recycled, and conserved energy source needed to meet the state renewable and recycled energy objective, a retail provider may deduct from the provider's baseline of total retail sales the proportion of electricity obtained from a hydroelectric facility with an inservice date before July 1, 2008.

Source: SL 2008, ch 244, § 3; SL 2009, ch 241, § 3.
S.D. Codified Laws § 49-36-14 — SD Code / Title 49 / Chapter 36 / Section 49-36-14
Bond of treasurer and other designated officers--Amount and conditions of bond--Cost
Status: in_force

The treasurer, and other officers and employees the board of directors may designate, shall furnish and maintain a corporate surety bond in the amount of twenty thousand dollars. The bond shall be satisfactory in form and with sureties approved by the board. The bond shall be filed with the secretary of state. The cost of the bond shall be paid by the district.

Source: SL 1950 (SS), ch 17, § 28; SDC Supp 1960, § 52.1728; SL 1989, ch 403, § 17.
S.D. Codified Laws § 49-36-1.9 — SD Code / Title 49 / Chapter 36 / Section 49-36-1.9
Nominees
Status: in_force

The nominees shall be those persons constituting twice the number of persons to be elected receiving the highest number of votes in the primary election.

Source: SL 1989, ch 403, § 13.
S.D. Codified Laws § 49-1A-2 — SD Code / Title 49 / Chapter 1A / Section 49-1A-2
Gross receipts tax fund established
Status: in_force

There is hereby established the South Dakota Public Utilities Commission gross receipts tax fund to be maintained as a special fund by the treasurer of the State of South Dakota. The fund shall be invested as provided by law and the interest earned shall be credited to the fund.

Source: SL 1975, ch 112, § 2; SL 1991, ch 381, § 3.
S.D. Codified Laws § 49-17-22 — SD Code / Title 49 / Chapter 17 / Section 49-17-22
Identification of branch trackage with potential for service
Status: in_force

The Department of Transportation shall identify those segments of branch line railroad trackage which, if improved, may provide increased transportation services for the citizens of this state.

Source: SL 1978, ch 342, § 1.
S.D. Codified Laws § 49-36-15 — SD Code / Title 49 / Chapter 36 / Section 49-36-15
General manager as chief executive officer
Status: in_force

A general manager may be employed by a consumers power district on such terms as the board deems advisable. He shall be the chief executive officer of the district and, subject to the control of the board of directors, shall manage, conduct, and administer the affairs of the district in an efficient and economical manner.

Source: SL 1950 (SS), ch 17, § 30; SDC Supp 1960, § 52.1730.
S.D. Codified Laws § 49-31-29 — SD Code / Title 49 / Chapter 31 / Section 49-31-29
Intentional refusal to relinquish party line in emergency as misdemeanor
Status: in_force

Any person who intentionally refuses to immediately relinquish a party line when informed that such line is needed for an emergency call actually existing as defined in subdivision 49-31-28(2), to a fire department, to a law enforcement officer or department, for medical aid or for ambulance service, is guilty of a Class 2 misdemeanor.

Source: SL 1959, ch 49, § 2; SDC Supp 1960, § 13.1628; SL 1983, ch 15, § 119.
S.D. Codified Laws § 49-16A-83 — SD Code / Title 49 / Chapter 16A / Section 49-16A-83
Railroad-highway grade crossings
Status: in_force

The Department of Transportation may require and regulate construction of railroad and highway crossings as provided by chapter 31-27 .

Source: SDC 1939, § 52.0910; SDCL, § 49-20-22; SL 1976, ch 294, § 24; SL 1980, ch 322, § 82.
S.D. Codified Laws § 49-46-3 — SD Code / Title 49 / Chapter 46 / Section 49-46-3
Utilities' duties--Liability for violations
Status: in_force

All covered utilities shall offer a residential energy audit to each of its eligible customers pursuant to the state plan. All covered utilities shall comply in good faith with all the provisions of the state plan. If a covered utility violates the state plan, it shall pay for all costs associated with investigation and prosecution of any complaints.

Source: SL 1981, ch 345, § 3.
S.D. Codified Laws § 49-34A-88 — SD Code / Title 49 / Chapter 34A / Section 49-34A-88
Deadline for submitting claim for refund--Department to withhold percentage of refund
Status: in_force

Any claim for refund shall be submitted to the department on or before the last day of the month following each quarterly period. The secretary shall determine the amount of the tax refund. Ninety percent of the amount of refund shall be paid to the claimant in accordance with §§ 10-59-22 and 10-59-23 , and ten percent shall be withheld by the department. No interest shall be paid on the refund amount.

Source: SL 2001, ch 257, § 9.
S.D. Codified Laws § 49-34A-90 — SD Code / Title 49 / Chapter 34A / Section 49-34A-90
Fraudulent claim--Refunded sums constitute lien in favor of state
Status: in_force

If any claim has been fraudulently presented or supported as to any item in the claim, or if the claimant fails to meet all the conditions of §§ 49-34A-80 to 49-34A-92 , inclusive, then the claim may be rejected in its entirety and all sums previously refunded to the claimant shall constitute a debt to the state and a lien in favor of the state upon all property and rights to property whether real or personal belonging to the claimant and may be recovered in an action of debt.

Source: SL 2001, ch 257, § 11.
S.D. Codified Laws § 49-31-101 — SD Code / Title 49 / Chapter 31 / Section 49-31-101
State "do-not-call" register
Status: in_force

The commission shall maintain a register of names and telephone numbers of each South Dakota residential telephone subscriber who has elected not to receive unsolicited telephone calls. The commission may provide to the Federal Trade Commission, for inclusion in the national "do - not - call" registry, the telephone numbers listed in the register. The commission may include South Dakota residential telephone subscribers listed in the national "do - not - call" registry in the register.

Source: SL 2003, ch 238, § 3.
S.D. Codified Laws § 49-39-3 — SD Code / Title 49 / Chapter 39 / Section 49-39-3
Resolution specifying particular revenues pledged
Status: in_force

Any resolution or agreement pursuant to § 49-39-2 may specify the particular revenues that are pledged and the terms and conditions to be performed by the district and the rights of the holders of such revenue debentures, notes, warrants, bonds, or other evidences of indebtedness, and may provide for priorities of liens in any such revenues as between the holders of revenue debentures, notes, warrants, bonds, or other evidences of indebtedness, issued at different times or under different resolutions or agreements.

Source: SL 1950 (SS), ch 17, § 47; SDC Supp 1960, § 52.1747.
S.D. Codified Laws § 49-46-6 — SD Code / Title 49 / Chapter 46 / Section 49-46-6
Master record of suppliers, installers and lenders--Requirements for inclusion and removal
Status: in_force

The office shall compile and update periodically a master record of suppliers, installers, and lenders who agree to participate in and meet the requirements of the program. The office shall follow the provisions in the state plan with regard to removal procedures from the master record. To be included in the master record, a supplier, installer, or lender shall agree to comply with the requirements for inclusion and removal contained in the state plan and may be removed by the office for failure to comply with the provisions of the state plan.

Source: SL 1981, ch 345, § 6.
S.D. Codified Laws § 49-41B-11 — SD Code / Title 49 / Chapter 41B / Section 49-41B-11
Applications for permit--Filing deadline--Form--Contents
Status: in_force

All applications for a permit shall be filed with the Public Utilities Commission not less than six months prior to the planned date of commencement of construction of a facility in such form as prescribed by rules, and shall contain, but not be limited to, the following information:

(1) The name and address of the applicant;

(2) Description of the nature and location of the facility;

(3) Estimated date of commencement of construction and duration of construction;

(4) Estimated number of employees employed at the site of the facility during the construction phase and during the operating life of the facility. Estimates shall include the number of employees who are to be utilized but who do not currently reside within the area to be affected by the facility;

(5) Future additions and modifications to the facility which the applicant may wish to be approved in the permit;

(6) A statement of the reasons for the selection of the proposed location;

(7) Person owning the proposed facility and person managing the proposed facility;

(8) The purpose of the facility;

(9) Estimated consumer demand and estimated future energy needs of those consumers to be directly served by the facility;

(10) The potential short and long range demands on any estimated tax revenues generated by the facility for the extension or expansion of public services within the affected areas;

(11) Environmental studies prepared relative to the facility;

(12) Estimated construction cost of the facility.

Source: SL 1977, ch 390, § 7.
S.D. Codified Laws § 49-37-9.1 — SD Code / Title 49 / Chapter 37 / Section 49-37-9.1
Prior joint acts validated despite bid law noncompliance
Status: in_force

All acts and proceedings had prior to January 1, 1975, and all contracts, expenditures and acquisitions made prior to January 1, 1975, by any consumers power district of the state where the consumers power district jointly with others contracted for the construction, building, alteration, extension, improvements, or the leasing of any power plant or system are in all things legalized, cured, and declared valid.

Source: SL 1975, ch 289; SL 2021, ch 200, § 6.
S.D. Codified Laws § 49-17-23 — SD Code / Title 49 / Chapter 17 / Section 49-17-23
Programs for improvement of freight service on branch trackage
Status: in_force

The Department of Transportation shall develop and implement programs to encourage the improvement of rail freight services on such railroad trackage.

Source: SL 1978, ch 342, § 2.
S.D. Codified Laws § 49-31-47 — SD Code / Title 49 / Chapter 31 / Section 49-31-47
Communication devices and services provided to persons with disabilities
Status: in_force

The Department of Human Services shall establish and administer a statewide program to provide telecommunication and other communication devices and services to residents of this state who have disabilities that prevent them from having communication access and maintain a dual party relay system making all phases of public telecommunications and communication service available to persons who are deaf, hard of hearing, or speech impaired. This program may be implemented through contracts with public or private organizations that provide services to persons who are deaf or persons with other severe disabilities.

Source: SL 1989, ch 401, § 1; SL 1997, ch 267, § 1; SL 2014, ch 221, § 1; SL 2019, ch 8, § 6.
S.D. Codified Laws § 49-17A-33 — SD Code / Title 49 / Chapter 17A / Section 49-17A-33
Sale of bonds
Status: in_force

Bonds issued shall be sold at public or private sale for a price and in a manner determined by the authority.

Source: SL 1978, ch 344, § 31.
S.D. Codified Laws § 49-2-6 — SD Code / Title 49 / Chapter 2 / Section 49-2-6
Preference to federal and state governments
Status: in_force

A common carrier must always give a preference in time and may give a preference in price to the United States and to this state.

Source: SDC 1939, § 8.0804.
S.D. Codified Laws § 49-37-6 — SD Code / Title 49 / Chapter 37 / Section 49-37-6
Joint action with other districts
Status: in_force

A consumers power district shall have and may exercise any one or more of the powers, rights and privileges mentioned in §§ 49-37-1 to 49-37-5 , inclusive, either alone or jointly with one or more other such districts.

Source: SL 1950 (SS), ch 17, § 42; SDC Supp 1960, § 52.1742.
S.D. Codified Laws § 49-33-21 — SD Code / Title 49 / Chapter 33 / Section 49-33-21
Transfer of stock--Stock deemed personal property
Status: in_force

The stock of every corporation organized under this chapter is deemed personal property and is transferable in the manner prescribed by its bylaws, and subject to the provisions of §§ 57A-8-301 to 57A-8-307 , inclusive and 57A-8-401 to 57A-8-407 , inclusive, but no share is transferable until all previous calls and assessments on the share have been fully paid.

Source: SDC 1939, § 52.1507; SL 2021, ch 200, § 4.
S.D. Codified Laws § 49-40-1 — SD Code / Title 49 / Chapter 40 / Section 49-40-1
Conditions under which assets may be transferred or encumbered
Status: in_force

No power plant or system owned by a consumers power district shall be sold, alienated or mortgaged by such district, except under the circumstances set forth in this chapter.

Source: SL 1950 (SS), ch 17, § 59; SDC Supp 1960, § 52.1758.
S.D. Codified Laws § 49-43-41 — SD Code / Title 49 / Chapter 43 / Section 49-43-41
Provision of requested records--Civil fine
Status: in_force

Any public grain warehouse operator, owner, manager, or chief executive officer of a grain warehouse, or any other person in a managerial position in the state who refuses access to the warehouse's books and accounts or hinders and delays the commission or any of its employees or agents in examining the books and accounts, may be assessed a civil fine not exceeding twenty thousand dollars.

Source: SL 2008, ch 249, § 29; SL 2013, ch 238, § 5, eff. Apr. 1, 2013; SL 2022, ch 174, § 2.
S.D. Codified Laws § 49-45-8 — SD Code / Title 49 / Chapter 45 / Section 49-45-8
Fee for license application--Waiver
Status: in_force

The application for a grain buyer license shall be accompanied by a fee of two hundred seventy-five dollars for each municipality or location at which the grain buyer receives grain. If the grain buyer making application for a license also holds a license to operate a public grain warehouse or is, at the same time, making application to operate a public grain warehouse under chapter 49-43 , the fee imposed by this section is waived.

Source: SL 1985, ch 376, § 73; SL 1996, ch 277, § 4; SL 2008, ch 250, § 2; SL 2011, ch 211, § 7; SL 2013, ch 238, § 11, eff. Apr. 1, 2013.
S.D. Codified Laws § 49-16A-43.2 — SD Code / Title 49 / Chapter 16A / Section 49-16A-43.2
Notice of sale of railroad property--Publication--Copy to be mailed to lessee
Status: in_force

Prior to any sale of railroad property, except to the South Dakota Railroad Authority or to another railroad, the owner of such property shall publish a notice that such property is to be sold. The notice shall be published in the official newspaper of the political subdivision where such property is located. The notice shall be published at least once each week for at least two consecutive weeks. A copy of the notice shall also be mailed to each lessee of such property by certified mail at least two weeks prior to such sale. The notice shall contain a description of the property to be sold and the location for information concerning the sale.

Source: SL 1988, ch 373, § 2.
S.D. Codified Laws § 49-34-11.4 — SD Code / Title 49 / Chapter 34 / Section 49-34-11.4
Applicability of uniform commercial code and other laws--Single filing--Compliance with retention requirements
Status: in_force

Unless displaced by the specific provisions of §§ 49-34-11.1 to 49-34-11.4 , inclusive, the uniform commercial code and other applicable laws remain in full force and effect and supplement the provisions of §§ 49-34-11.1 to 49-34-11.4 , inclusive. The public utility may make a single filing under §§ 49-34-11 , 49-34-11.2 and 49-34-11.3 , and the secretary of state shall accept the same as a single filing for all three purposes. The financing statement shall identify the public utility as a "transmitting utility" and shall be indexed under subsection 57A-9-403(4), but the index may also refer to the secretary of state's recording data for real estate records under §§ 49-34-11 and 49-34-11.3 and the retention by the secretary of state of a microfilm or other photographic copy of the document filed in the real estate records shall be sufficient to comply with the retention requirement of subsection 57A-9-403(4).

Source: SL 1989, ch 402, § 5.
S.D. Codified Laws § 49-32-3.2 — SD Code / Title 49 / Chapter 32 / Section 49-32-3.2
"Wind collector system" defined
Status: in_force

As used in §§ 49-32-3.1 and 49-32-3.2 , the term, wind collector system, means all power lines and associated equipment located between the first substation and the wind turbines that collect electricity and transmit it from the wind turbines to the first substation.

Source: SL 2003, ch 239, § 1.
S.D. Codified Laws § 49-34A-104 — SD Code / Title 49 / Chapter 34A / Section 49-34A-104
Evaluation of use as reasonable and cost effective
Status: in_force

Before using new renewable, recycled, and conserved energy after July 1, 2008, to meet the objective, the retail provider or the provider's generation supplier shall make an evaluation to determine if the use of new renewable, recycled, and conserved energy is reasonable and cost effective considering other electricity alternatives. After making such an evaluation and considering the state renewable, recycled, and conserved energy objective, the retail provider or the provider's generation supplier may use the electricity alternative that best meets the provider's resource or customer needs.

Source: SL 2008, ch 244, § 4; SL 2009, ch 241, § 4.
S.D. Codified Laws § 49-16A-34 — SD Code / Title 49 / Chapter 16A / Section 49-16A-34
Claim for loss, injury or overcharge--Railroad to respond within sixty days--Bill of lading or shipping receipt to accompany claim--Returns
Status: in_force

Every claim for loss or injury to property in any manner, or overcharge for freight, for which a railroad in this state is liable, shall be adjusted, paid in full, or rejected by such railroad within sixty days after a written claim, stating the amount and the nature thereof accompanied by the original or duplicate bill of lading or shipping receipt, showing the amount paid for or on account of the shipment, is filed with any claims agent of the railroad over whose road the shipment was made. The original or duplicate bill of lading or shipping receipt shall be returned to the complainant when the claim is rejected or the time limit has expired.

Source: SDC 1939, § 52.0251; SDCL, § 49-5-29; SL 1980, ch 322, § 34.
S.D. Codified Laws § 49-31-38 — SD Code / Title 49 / Chapter 31 / Section 49-31-38
Violation of provision of chapters49-1A,49-13, and49-31and of order, rule, or regulation concerning telecommunication company regulation--Civil fine
Status: in_force

Any person who violates, neglects, fails, or refuses to comply with any of the provisions of chapters 49-1A , 49-13 , and this chapter, not otherwise specifically penalized in those chapters, or who violates, neglects, fails, or refuses to comply with any lawful order, rule, or regulation of the commission in connection with the regulation of telecommunications companies, is punishable, after notice and opportunity for hearing, by a civil fine of not less than two hundred nor more than one thousand dollars for each offense.

Source: SDC 1939, § 52.9927; SL 1983, ch 15, § 125; SL 1983, ch 331, § 11; SL 1987, ch 345, § 73; SL 2004, ch 283, § 1.
S.D. Codified Laws § 49-16B-13.2 — SD Code / Title 49 / Chapter 16B / Section 49-16B-13.2
Maintenance of public railroad property by Department of Transportation
Status: in_force

The Department of Transportation, in accord with its obligation to maintain certain public highways under § 31-5-1 , shall maintain the public railroad property purchased and owned by the state pursuant to chapter 49-16B .

Source: SL 1981, ch 331, § 4; SL 2010, ch 145, § 195.
S.D. Codified Laws § 49-31-46 — SD Code / Title 49 / Chapter 31 / Section 49-31-46
Payment for participation in federal proceedings
Status: in_force

The commission is hereby authorized, in addition to the purposes referred to in § 49-31-44 , to use the telecommunications investigation fund therein created to defray the cost and expense of participating in proceedings before federal agencies involving increases in interstate rates in South Dakota by any telecommunications company.

Source: SL 1957, ch 269; SDC Supp 1960, § 52.0273-1; SDCL, § 49-10-30; SL 1987, ch 345, § 84; SL 1991, ch 381, § 13.
S.D. Codified Laws § 49-1-9.1 — SD Code / Title 49 / Chapter 1 / Section 49-1-9.1
Providing false or misleading information to commission as misdemeanor
Status: in_force

No person may knowingly provide false or misleading information to the commission in response to, or in compliance with, any statute, order, tariff, rule, direction, demand, or requirement of the commission. A violation of this section is a Class 1 misdemeanor. Each separate act of providing false or misleading information pursuant to this section constitutes a separate offense. This penalty is in addition to any other authorized penalties.

Source: SL 2004, ch 281, § 1.
S.D. Codified Laws § 49-31-55 — SD Code / Title 49 / Chapter 31 / Section 49-31-55
Sources of funds in addition to access fees
Status: in_force

The secretary of the Department of Human Services may accept and expend for the purpose of §§ 49-31-47 to 49-31-56 , inclusive, in addition to the amount in § 49-31-47 , any funds obtained from federal sources, gifts, contributions or any other source if such acceptance and expenditure is approved in accordance with § 4-8B-10 .

Source: SL 1989, ch 401, § 7.
S.D. Codified Laws § 49-34C-3 — SD Code / Title 49 / Chapter 34C / Section 49-34C-3
Operation of biogas lines--Required signage
Status: in_force

Any person who operates a biogas gathering line on an easement or in public right of way must place and maintain signage marking the biogas gathering line for the life of the biogas gathering line. Signage must be in the rights-of-way and placed at all public road crossings and railroad crossings and in sufficient numbers so that the biogas gathering line location is accurately and easily known. Signage must prominently display the operator’s name, a twenty-four-hour emergency telephone number for the operator, the word, warning, or danger, and the phrase, biogas pipeline. Prior to commencement of operation, the operator shall certify to the Commission that the operator has completed the requirements of this chapter.

Source: SL 2022, ch 172, § 3.
S.D. Codified Laws § 49-13-18 — SD Code / Title 49 / Chapter 13 / Section 49-13-18
Issuance of mandamus or other proper process
Status: in_force

If, after hearing, the court to which the application was made pursuant to § 49-13-17 determines that the commission's order was made and served upon the telecommunications company or motor carrier and the telecommunications company or motor carrier fails to obey, the court shall enforce obedience to the order by peremptory writ of mandamus or other proper process, mandatory, or otherwise, to restrain the telecommunications company or motor carrier from further violating or disobeying the order of the commission, and enjoining the telecommunications company or motor carrier's obedience.

Source: SDC 1939, § 52.0304; SL 1987, ch 345, § 31.
S.D. Codified Laws § 49-31-1 — SD Code / Title 49 / Chapter 31 / Section 49-31-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Addressable," enabling users to connect and communicate with a specific party easily and securely on a dial-up, addressable basis;

(2) "Available," ensuring that network services are available if the user requires them, even at times of peak usage; designed to be a nonblocking network, minimizing network contention;

(3) "Broadband network," the broadband network extends the range of fully switched, addressable, robust transport services over the fiber network which increase in multiples of OC-1 (51.84 Mbps), including OC-3 (155.52 Mbps) and OC-12 (622.08 Mbps);

(4) "Centron and centron-like services," services which provide custom switching features which include distributive dial tone, select number screening, toll restriction and screening, nonattendant busy out, nonattend and call transfer, and select trunk hunting and screening;

(5) "Commission," the Public Utilities Commission;

(6) "Common carrier," anyone who offers telecommunications services to the public;

(7) "Eligible telecommunications carrier," a local exchange carrier designated by the commission pursuant to 47 U.S.C. § 214(e) as of January 1, 1998, as eligible to receive universal service support funding;

(8) "Feature rich," providing the specific features and functionality required by users' voice, data, video, graphics, imaging, and multimedia applications; functionally beyond mere transport;

(8A) "Financial institution," any financial institution as defined in 15 U.S.C. § 6827 as of January 1, 2003, including any financial institution affiliate that controls, is controlled by, or is under common control with the financial institution;

(9) "Incumbent local exchange carrier," a local exchange carrier, including successors and assigns, which was providing local exchange service within a defined service area in this state on or before February 8, 1996;

(10) "Interexchange telecommunications service," telecommunications service between points in two or more exchanges;

(11) "LATA," a local access and transport area;

(12) "Local exchange area," any geographic area established by a local exchange carrier as filed with or approved by the commission for the administration of local telecommunications service which may consist of one or more central offices or wire centers together with associated facilities used in furnishing telecommunications service in that area;

(13) "Local exchange service," the access to and transmission of two-way switched telecommunications service within a local exchange area;

(13.5) "Mobile telecommunications service," any commercially available interconnected mobile phone service that provides access to the public switched telephone network through mobile communications devices employing radio wave technology to transmit calls;

(14) "Narrowband network," a fully switched digital network covering the transport range from 0 to 144,000 bits per second (144 Kbps), offering two 64 Kbps information B (Bearer) channels and a 16 Kbps signaling D (Delta) channel;

(15) "New products and services," any new product or service introduced after July 1, 1988, which is not functionally required to provide local exchange service. Repackaging of any product or service which is fully competitive with any service regulated as emerging competitive or noncompetitive is not considered a new product or service;

(16) "Optional service," any limited or discretionary service offered by a telecommunications company which is not functionally required for the provision of noncompetitive services and which the customer has the option to purchase;

(17) "Private," ensuring confidentiality and integrity of network transport of messages without dependency on specialized customer premise security devices;

(18) "Rate of return regulation," the procedure used by the commission to approve the charge for a service which gives due consideration to the public need for adequate, efficient, and reasonable service and to the need of the public utility for revenues sufficient to enable it to meet its total current cost of furnishing such service, including taxes and interest, and including adequate provision for depreciation of its utility property used and necessary in rendering service to the public, and to earn a fair and reasonable return upon the value of its property;

(19) "Register," a list of names and telephone numbers of residential telephone subscribers who have properly enrolled to prevent unsolicited telephone calls;

(20) "Residential telephone subscriber," any person residing in the state who has residential telephone service, including cellular service, personal communications service, and wireless local loop service, primarily used for personal use;

(21) "Robust," easily and economically sustaining the rigors of growth and extensive public use;

(22) "Rural telephone company," any local exchange company as defined in 47 U.S.C. § 153(37) as of January 1, 1998;

(23) "Secure," physically precluding unwanted access to network and information;

(24) "Service area," a geographic area established by the commission for the purpose of determining universal service obligations and support mechanisms. For a rural telephone company, the service area is the company's study area or any other area designated jointly by the commission and the Federal Communications Commission pursuant to 47 U.S.C. § 214(e)(5) as of January 1, 1998;

(25) "Standard," supporting universal interfaces and networking standards and protocols of generally accepted standards setting bodies;

(26) "Switched," providing circuit, packet, or channel type switching, each suited to specific application requirements;

(27) "Switched access," any exchange access service purchased for the origination and termination of interexchange telecommunications services which includes central office switching and signaling, local loop facility, or local transport;

(28) "Telecommunications company," any person or municipal corporation owning, operating, reselling, managing, or controlling in whole or in part, any telecommunications line, system, or exchange in this state, directly or indirectly, for public use. For purposes of this definition the term, for public use, means for the use of the public in general or for a specific segment of the public, or which connects to the public in general or for a specific segment of the public, or which connects to the public switched network for access to any telecommunications service;

(29) "Telecommunications service," the transmission of signs, signals, writings, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, electromagnetic means, or other similar means. It does not include the provision of terminal equipment used to originate or terminate such service, broadcast transmissions by radio, television, and satellite stations regulated by the Federal Communications Commission and one-way cable television service;

(30) "Telephone solicitation call," any call made to a South Dakota consumer by a telephone solicitor, originating from South Dakota or elsewhere, for the purpose of soliciting a sale of any consumer goods or services to the person called, for the purpose of soliciting an extension of credit for consumer goods or services to the person called, or for the purpose of obtaining information that may be used for the direct solicitation of a sale of consumer goods or services to the person called or an extension of credit for such purposes;

(31) "Telephone solicitor," any person or organization who individually or through salespersons, makes or causes to be made a telephone solicitation call. This term does not include any not-for-profit or charitable organization exempt from federal income taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986 as of January 1, 2003, which makes telephone calls solely to solicit a charitable donation;

(32) Repealed by SL 2007, ch 266, § 3.

(33) "Wideband network," the wideband network extends the range of fully switched, digital, addressable information transport from the 144 Kbps to the DS3 rate of 44.736 Mbps, including the DS1 and DS2 rates of 1.544 Mbps and 6.312 Mbps, respectively.

(34) "Wireless telephone number information," the telephone number, electronic address, and any other identifying information by which a calling party may reach a subscriber of mobile telecommunications service, and that is assigned by a mobile telecommunications service provider to a subscriber, and includes the subscriber's name and address.

Source: SDC 1939, §§ 52.0201, 52.1301; SDCL § 49-3-1; SL 1979, ch 307, § 17; SL 1982, ch 329, § 1; SL 1987, ch 345, § 41; SL 1988, ch 375, § 1; SL 1997, ch 266, § 2; SL 1998, ch 274, §§ 1, 2, 3, 4; SL 1999, ch 224, § 1; SL 2003, ch 238, § 1; SL 2005, ch 243, § 1; SL 2007, ch 266, § 3.
S.D. Codified Laws § 49-30-8 — SD Code / Title 49 / Chapter 30 / Section 49-30-8
Powers of corporation--Connection with preexisting lines--Expense of connection
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 connect its lines of telegraph or telephone with any lines of telegraph or telephone heretofore or hereafter constructed; provided that no corporation which shall have constructed its lines of telegraph or telephone at the point of intersection shall be required to alter or change the location of the same, or be required to bear any part of the expense of making and maintaining such connection.

Source: SDC 1939, § 52.1311 (5).
S.D. Codified Laws § 49-32A-14 — SD Code / Title 49 / Chapter 32A / Section 49-32A-14
Preparation of annual budget--Presentation to county commissioners--Appropriations
Status: in_force

The board of trustees shall prepare a budget for the expenses for the next year, which budget shall be presented by July first to the boards of county commissioners of the counties in the television district. The board of county commissioners of each county in the district shall appropriate funds required by the budget from the county general funds in the same proportion that the population of each county is to the total district population.

Source: SL 1976, ch 76, § 7; SL 1979, ch 315, § 5.
S.D. Codified Laws § 49-16A-54 — SD Code / Title 49 / Chapter 16A / Section 49-16A-54
Liability for damages from change--Time for damage claim--Notice--Nonresidents
Status: in_force

A railroad is liable in damages, for injury which may have been caused by a change made pursuant to § 49-16A-53 , to the owner of real property upon which such road was previously constructed, to be ascertained and paid, or deposited in case of an original location of a road. No damages shall be allowed unless claimed within ninety days after actual notice, in writing, of the intended change is given to an owner residing on the premises, or if the owner is a nonresident, the notice is made by publication in a newspaper of general circulation.

Source: SDC 1939, § 52.0807; SDCL, § 49-19-21; SL 1980, ch 322, § 53.
S.D. Codified Laws § 49-45-16.1 — SD Code / Title 49 / Chapter 45 / Section 49-45-16.1
Receiver--Powers and duties
Status: in_force

If the commission determines that it is necessary, the commission may apply to the circuit court in the county in which the grain buyer operates or operated for that court to appoint a receiver. The receiver shall have such powers and duties as the court may direct.

Source: SL 2011, ch 211, § 11.
S.D. Codified Laws § 49-43-47 — SD Code / Title 49 / Chapter 43 / Section 49-43-47
Receipt for goods owned by warehouse solely or with another to state ownership--Violation as misdemeanor
Status: in_force

If there are deposited with or held by a warehouse goods of which the warehouse is owner, either solely or jointly or in common with others, the warehouse operator, or any officer, agent, or employee, who, knowing this ownership, issues or aids in issuing a negotiable receipt for such goods which does not state the ownership, is guilty of a Class 1 misdemeanor.

Source: SL 2008, ch 249, § 35.
S.D. Codified Laws § 49-34A-25.2 — SD Code / Title 49 / Chapter 34A / Section 49-34A-25.2
Approval, rejection, or modification of certain tariffs--Notice and hearing
Status: in_force

Upon filing of an application consistent with rules promulgated by the commission by any public utility providing transmission service, the commission may approve, reject, or modify, after notice, hearing, and comment, a tariff that:

(1) Allows the public utility to recover on a timely basis the costs net of revenues of facilities described in § 49-34A-25.1 ;

(2) Allows a return on investment at the level approved in the public utility's last general rate case, unless a different return is found to be consistent with the public interest;

(3) Provides a current return on construction work in progress, if the recovery from retail customers for the allowance for funds used during construction is not sought through any other mechanism;

(4) Allocates project costs appropriately between wholesale and retail customers; and

(5) Terminates recovery once costs have been fully recovered or have otherwise been reflected in the public utility's general rates.

Source: SL 2006, ch 239, § 2.
S.D. Codified Laws § 49-35-16 — SD Code / Title 49 / Chapter 35 / Section 49-35-16
Certification of election returns
Status: in_force

Within ten days after the canvass of the vote at an election pursuant to § 49-35-15 , each county auditor or municipal finance officer shall certify and return to the secretary of state the number of votes cast at such election in favor of and against the question submitted. If a majority of the electors voting on the question at the election vote in favor of the question submitted, the secretary of state shall file and record the results of the election and thereupon the district under its designated name constitutes a body politic and corporate.

Source: SL 1950 (SS), ch 17, § 10; SDC Supp 1960, § 52.1710; SL 1998, ch 276, § 10.
S.D. Codified Laws § 49-7A-2 — SD Code / Title 49 / Chapter 7A / Section 49-7A-2
Establishment of One-Call Notification Board--State one-call fund--Continuous appropriation--One-call notification center established--Services provided--Operator obligations and civil liability--Penalties
Status: in_force

The Statewide One-Call Notification Board is administered by the Department of Public Safety and funded by revenue generated by the one-call notification center. The department shall assist the board and coordinate the development of the statewide one-call notification system. The board may hire employees within the department and contractors to assist with the coordination of the statewide one-call notification system. The board is responsible for duties, functions, and funds of the board. The department shall assist with the expenditure of funds pursuant to applicable state laws.

There is created in the state treasury the state one-call fund. Any interest earned on money in the fund must be deposited in the fund. The money is continuously appropriated to the board to implement and administer the provisions of this chapter.

The one-call notification center may be organized as a nonprofit corporation. The one-call notification center shall provide a service through which a person can notify the operators of underground facilities of plans to excavate and to request the marking of the facilities.

All operators are subject to this chapter and the rules promulgated thereto. Any operator who fails to become a member of the one-call notification center or who fails to submit the locations of the operator's underground facilities to the center, as required by this chapter and rules of the board, is subject to applicable penalties under §§ 49-7A-18 and 49-7A-19 and is subject to civil liability for any damages caused by noncompliance with this chapter.

Any penalties that may be assessed by the board under this chapter must be collected as provided by law and deposited into the one-call fund.

Source: SL 1993, ch 346, § 2; SL 1994, ch 354, § 2; SL 1997, ch 263, § 1; SL 2002, ch 211, § 1; SL 2018, ch 261, § 1, eff. July 1, 2019; SL 2023, ch 156, § 1; SL 2025, ch 191, § 1.
S.D. Codified Laws § 49-7A-29 — SD Code / Title 49 / Chapter 7A / Section 49-7A-29
Record and evidence in court action
Status: in_force

In the trial of an action pursuant to § 49-7A-28 , the evidence introduced in the proceedings before the board shall constitute the record and evidence on the trial of the case in court. No additional evidence other than that introduced before the board may be introduced at the court trial. The report and order of the board shall be taken and held to be prima facie evidence of the facts stated therein.

Source: SL 2002, ch 211, § 23.
S.D. Codified Laws § 49-34-4 — SD Code / Title 49 / Chapter 34 / Section 49-34-4
Acquiring property for accessory facilities--Procedure for condemnation
Status: in_force

Any corporation organized under chapter 49-33 may acquire by purchase, grant, or condemnation and hold and use such real and other property as may be necessary for the construction and operation of its business, including powerhouses, carbarns, stations, machine and repair shops, electric plants, and power lines, including right of way and water for ditches, canals, or flumes by which to generate electricity therefor, and other conveniences reasonably necessary to accomplish the objects of its incorporation.

Whenever any such corporation shall exercise the right of eminent domain it shall proceed as provided by law and the rules of practice and procedure pertaining to condemnation proceedings.

Source: SDC 1939, § 52.1511.
S.D. Codified Laws § 49-33-10 — SD Code / Title 49 / Chapter 33 / Section 49-33-10
Powers of corporation--Right-of-way--Condemnation of land--Alteration of roadways--Expenses
Status: in_force

Every corporation organized under this chapter shall have power to lay out its road not exceeding fifty feet in width and construct the same, and for such purpose to obtain gravel or other material for its cuttings and embankments; to take so much land as may be necessary for the construction, operation, and safety of its road, electric light or power line, including right - of - way and water for ditches, canals, or flumes by which to generate electricity therefor; to construct its road, electric light or power line along or across any stream of water, river, watercourse, highway, street, or turnpike, which it may touch or intersect; to carry any highway, street, or road which it shall cross over or under its track as may be most expedient for the public safety and welfare; to change the course of any highway, street, or road when made necessary or desirable to secure a more easy descent or ascent by reason of any cut or embankment made in the construction of its railroad and to take so much land as shall be necessary therefor; provided that such change in the course of any street, road, or highway shall be made at the expense of such corporation and without expense to the municipality wherein such change is made.

Source: SDC 1939, § 52.1509 (5); SL 1992, ch 60, § 2.
S.D. Codified Laws § 49-32A-2 — SD Code / Title 49 / Chapter 32A / Section 49-32A-2
Purpose of translator district
Status: in_force

The purpose of a translator district shall be to serve the public interest, convenience, and necessity in the construction, maintenance and operation of translator stations and any system necessary thereto by appropriate electronic means for television program distribution, but the purposes are not meant to include the construction or operation of community antenna systems, commonly known and referred to as cable TV systems.

Source: SL 1976, ch 76, § 2.
S.D. Codified Laws § 49-34B-25 — SD Code / Title 49 / Chapter 34B / Section 49-34B-25
Damaging or tampering with sign or line markers prohibited--Violation as misdemeanor
Status: in_force

No person may deface, mar, damage, remove, injure, displace, destroy, or tamper with any sign or line marker marking the location of a pipeline. Any person violating the provisions of this section is guilty of a Class 2 misdemeanor.

Source: SL 1994, ch 357, § 24.
S.D. Codified Laws § 49-36-1.7 — SD Code / Title 49 / Chapter 36 / Section 49-36-1.7
Separate ballots for primary elections--Title--Content
Status: in_force

At all primary elections at which candidates for director office are to be nominated and a primary is required, the county auditors shall prepare and furnish separate ballots upon which shall be placed the names of the candidates for the offices. The ballots shall be entitled "nonpolitical consumers power district ballot" and shall contain no other designation. The names of all candidates shall be placed thereon without any party designation in the order designated by the secretary of state.

Source: SL 1989, ch 403, § 11.
S.D. Codified Laws § 49-34A-2.1 — SD Code / Title 49 / Chapter 34A / Section 49-34A-2.1
Refusal of service without permission of commission prohibited--Exceptions--Violation as petty offense--Separate offenses
Status: in_force

No public utility may, except in cases of emergency, fail to provide, discontinue, reduce or impair service to a community, or a part of a community, except for nonpayment of account or violation of rules and regulations, unless permission has been first obtained from the Public Utilities Commission to do so. An intentional violation of this section is a petty offense. Each day's violation is a separate offense.

Source: SL 1976, ch 296, § 7; SL 1983, ch 15, § 139.
S.D. Codified Laws § 49-31-6 — SD Code / Title 49 / Chapter 31 / Section 49-31-6
Valuation of company property
Status: in_force

The commission may make a physical valuation of all the property of any telecommunications company, to be taken when such valuation is necessary for the purpose of arriving at any determination in connection with the regulation of its business or the adjustment of its rates.

Source: SDC 1939, § 52.0269; SL 1987, ch 345, § 47.
S.D. Codified Laws § 49-34A-21 — SD Code / Title 49 / Chapter 34A / Section 49-34A-21
Determination of rates--Order--Maximum rate--Classification adjustment
Status: in_force

If, after the hearing, the Public Utilities Commission fails to find the rates to be just and reasonable or if the commission finds the rate to be discriminatory, the commission shall determine the level of rates to be charged or applied by the utility for the service in question and shall fix the same by order to be served upon the utility; and the rates are thereafter to be observed until changed, as provided by this chapter. In no event shall the rates exceed the level of rates requested by the public utility. Rate classifications may be adjusted upward or downward by the commission; provided the anticipated receipts will not exceed the amount of return requested.

Source: SL 1975, ch 283, § 11; SL 1976, ch 296, § 19.
S.D. Codified Laws § 49-16A-72 — SD Code / Title 49 / Chapter 16A / Section 49-16A-72
Extension of fireguards on unoccupied land--Right to burn--Maximum width
Status: in_force

Any railroad within this state deeming it necessary to extend its fireguards may, for that purpose, enter upon any unoccupied land belonging to the state and burn a strip of land not exceeding two hundred feet in width on either side of its right of way.

Source: SDC 1939, § 52.0822; SDCL, § 49-20-21; SL 1980, ch 322, § 71.
S.D. Codified Laws § 49-34A-45 — SD Code / Title 49 / Chapter 34A / Section 49-34A-45
Payments to municipality from revenues of cooperative providing electric service within municipality
Status: in_force

A rural electric cooperative serving less than a majority of customers in a municipality which does not have a municipally owned system, may, at the option of the municipality, pay in addition to other taxes provided by law, an amount to be agreed upon, not to exceed two percent of the total gross revenue collected by the rural electric cooperative for that year, by the electric supplier and the governing body of the municipality. If the parties have not agreed on the amount on or before May first following the calendar year from which the amount is to be paid, the amount to be paid shall be two percent of the total gross revenue collected by the rural electric cooperative from the sale of power distributed to structures and electric service outlets situated within the municipality. The tax imposed by a municipality pursuant to this section may be passed on to the purchaser. Any revenue received by the rural electric cooperative from the tax imposed by a municipality pursuant to this section that is separately stated on the invoice, bill of sale, or similar document is not considered gross receipts as defined in chapter 10-45 , 10-46 , or 10-52 .

Source: SL 1965, ch 254, § 28; SDCL § 49-41-31; SL 1970, ch 261, § 28; SL 1975, ch 283, § 42 (6); SL 2001, ch 256, § 1; SL 2005, ch 249, § 1; SL 2015, ch 232, § 1.
S.D. Codified Laws § 49-7-16 — SD Code / Title 49 / Chapter 7 / Section 49-7-16
Certificate issued by commissioner
Status: in_force

The commissioner of school and public lands shall, upon the filing in his office by any pipeline company of a map of its pipeline across any of the school or public lands, issue to the pipeline company a certificate stating that such lands have been reserved for its use. The certificate shall operate as authority to the pipeline company to take, hold, and use such lands for the purposes of its pipelines.

Source: SL 1980, ch 321, § 6.
S.D. Codified Laws § 49-45-3 — SD Code / Title 49 / Chapter 45 / Section 49-45-3
Expiration, revocation, and suspension of license--Appeal
Status: in_force

Each license issued pursuant to § 49-45-1 expires on the next June thirtieth following the issuance of the license. The commission may at any time for cause shown revoke or suspend any grain buyer license. However, the grain buyer has the right of appeal from such decisions as provided by chapter 1-26 for the review of final decisions of the commission.

Source: SL 1949, ch 434, § 1; SL 1957, ch 488; SDC Supp 1960, § 60.0335; SL 1974, ch 300; SL 1985, ch 376, § 74; SL 2008, ch 251, § 3.
S.D. Codified Laws § 49-16B-8 — SD Code / Title 49 / Chapter 16B / Section 49-16B-8
Agents and employees
Status: in_force

The authority may employ agents and employees necessary to carry out the duties and purposes of the authority.

Source: SL 1980, ch 323, § 8; SL 2010, ch 145, § 190.
S.D. Codified Laws § 49-31-35 — SD Code / Title 49 / Chapter 31 / Section 49-31-35
Severability and saving clause respecting unlawful telephone calls
Status: in_force

If any provision of §§ 49-31-31 to 49-31-33 , inclusive, is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of said sections and applicability thereof to other persons and circumstances shall not be affected thereby, and to this end, the provisions of said sections are hereby declared severable.

Source: SL 1967, ch 30, § 5.
S.D. Codified Laws § 49-16B-13 — SD Code / Title 49 / Chapter 16B / Section 49-16B-13
Acquisition of property--Construction and maintenance of railroad facilities
Status: in_force

To accomplish projects of the kind listed in § 49-16B-10 the authority may acquire by purchase, condemnation, including the power of condemnation in accordance with chapters 21-35 and 31-19 , including the eminent domain and declaration of taking sections therein, gift or otherwise. The authority may construct, maintain, and equip railroad facilities as the Legislature by law declares to be in the public interest. In the course of such activities, the authority may acquire property of any kind and description, whether real, personal or mixed, by gift, purchase, or otherwise. The authority may also acquire real estate of the State of South Dakota controlled by any officer, department, board, commission, or other agency of the state, the jurisdiction of which is transferred by the officer, department, board, commission, or other agency, to the authority.

Source: SL 1980, ch 323, § 13; SL 2010, ch 145, § 193.
S.D. Codified Laws § 49-48-2 — SD Code / Title 49 / Chapter 48 / Section 49-48-2
Control of electric facility by prohibited person not permitted--Facility subject to forfeiture--De minimis ownership excluded--Certain agreements with prohibited persons unenforceable
Status: in_force

A prohibited person may not control, operate, or own, in whole or in part, an electric facility. An electric facility controlled, operated, or owned in violation of this chapter is subject to forfeiture pursuant to § 49-48-5 and in accordance with the provisions of chapter 23A-49 . De minimis stock ownership does not constitute control, operation, or ownership for the purpose of this section.

An operator or owner of an electric facility may not enter into an agreement that grants a prohibited person direct or indirect control of the electric facility. Any agreement, including an easement or lease, in violation of this chapter, which is entered into on or after July 1, 2026, is unenforceable.

Source: SL 2026, ch 188, § 2.
S.D. Codified Laws § 49-38-7 — SD Code / Title 49 / Chapter 38 / Section 49-38-7
Expenditure of district moneys--Approval by board of directors
Status: in_force

Money of a consumers power district shall be paid out or expended only upon the authorization or approval of the board of directors, and by check, draft, warrant, electronic payment, or other instrument in writing, signed by the treasurer, assistant treasurer, or such other officer, employee, or agent of the district who is authorized by the treasurer to sign in the treasurer's behalf. However, the authorization shall be in writing and filed with the secretary of the district.

Source: SL 1950 (SS), ch 17, § 58; SDC Supp 1960, § 52.1757; SL 1998, ch 276, § 29.
S.D. Codified Laws § 49-7-2 — SD Code / Title 49 / Chapter 7 / Section 49-7-2
Regulations of Board of School and Public Lands
Status: in_force

The rights and powers conferred by §§ 49-7-11 to 49-7-21 , inclusive shall be subject to such reasonable terms, conditions, and regulations as the Board of School and Public Lands may prescribe.

Source: SDC 1939, § 52.0257; SL 1980, ch 321, § 12.
S.D. Codified Laws § 49-35-10 — SD Code / Title 49 / Chapter 35 / Section 49-35-10
Issuance of certificate of filing of petition
Status: in_force

After the petition has been filed in the Office of the Secretary of State, if the secretary of state finds that the petition conforms to law and contains the required number of valid signatures, the secretary of state shall file the petition and issue a certificate of filing of the petition to the county auditor of any counties in which the proposed district lies or the municipal finance officer if the proposed district is confined to one municipality.

Source: SL 1950 (SS), ch 17, § 10; SDC Supp 1960, § 52.1710; SL 1998, ch 276, § 4.
S.D. Codified Laws § 49-45-14 — SD Code / Title 49 / Chapter 45 / Section 49-45-14
Reports by buyers--Public inspection not permitted--Violation as misdemeanor
Status: in_force

Every grain buyer licensed in this state shall, at such times as the commission requires, furnish the commission on forms prepared by the commission, reports showing the facts and information required by the commission. The reports are not for public inspection, but the commission may, upon request, furnish the total of the figures shown on such reports if the figures requested are for not less than four grain buyers. The commission may also require that a grain buyer provide any other documents and information regarding the business of the grain buyer. None of the documents and information obtained through the licensing and inspection processes are subject to public inspection. A violation of this section is a Class 1 misdemeanor.

Source: SL 1985, ch 376, § 79; SL 2008, ch 251, § 14; SL 2013, ch 238, § 15, eff. Apr. 1, 2013.
S.D. Codified Laws § 49-34A-25 — SD Code / Title 49 / Chapter 34A / Section 49-34A-25
Automatic adjustment of rates for changes in energy, fuel and gas costs, ad valorem taxes paid or commission approved fuel incentives--Revised rate schedule filed by utility--Filing of bond if commission orders--Order of commission--Appeal
Status: in_force

The commission shall permit a public utility to file rate schedules containing provisions for the automatic adjustment of charges for public utility service in direct relation to changes in wholesale rates for energy delivered, the delivered costs of fuel used in generation of electricity, the delivered cost of gas, ad valorem taxes paid, or commission approved fuel incentives. The amended rate schedules shall be filed with the commission on or before the effective date of the change in costs, and if the commission determines that the revised rate schedule is in error, the commission may within ten days of receipt thereof require by order the public utility to file a bond or other security upon such terms and conditions as the commission may require and for such purposes as contained in §§ 49-34A-17 and 49-34A-22 . Such rates may go into effect on the date of the change in costs subject to the above refund provisions. Failure of the commission to enter an order in regard thereto shall be deemed approval. The public utility may appeal such order pursuant to and in accordance with § 49-34A-62 .

Source: SL 1975, ch 283, § 13; SL 1977, ch 393, § 1; SL 1979, ch 316; SL 1996, ch 276.
S.D. Codified Laws § 49-45-11 — SD Code / Title 49 / Chapter 45 / Section 49-45-11
Voluntary credit sales
Status: in_force

Each voluntary credit sale of grain entered into by a grain buyer shall be in writing and shall have a settlement date. If a grain buyer meets the requirements set forth in § 57A-2-201(3)(d)(iii) when entering into a voluntary credit sale contract with a seller, the in writing requirement is considered met. The commission may, by rules promulgated pursuant to chapter 1-26 , prescribe the form and content of the writings. If a grain buyer's license is terminated or not renewed, the grain buyer shall pay for grain subject to a voluntary credit sale within ten days after the license expiration date.

Source: SL 1985, ch 376, § 76; SL 2008, ch 251, § 11; SL 2015, ch 236, § 1.
S.D. Codified Laws § 49-34-14 — SD Code / Title 49 / Chapter 34 / Section 49-34-14
Overcharging--Civil fine--Charging station exempt
Status: in_force

Any person who knowingly charges any consumer of gas or electricity an amount greater than that actually billed by a gas utility or electric utility, as defined in § 49-34A-1 , may be punished by a civil fine not exceeding five hundred dollars. Nothing in this section applies to an electric vehicle charging station selling or providing electricity pursuant to § 49-34A-116 .

Source: SDC 1939, § 13.1814; SL 1983, ch 15, § 136; SL 1983, ch 331, § 12; SL 2024, ch 188, § 1.
S.D. Codified Laws § 49-16A-100.1 — SD Code / Title 49 / Chapter 16A / Section 49-16A-100.1
Right of utilities to cross over or under railroad right-of-way--Fee--Regulation and negotiation
Status: in_force

Each electric utility, public utility, gas utility, municipal utility, municipal power agency, joint action agency, consumers power district, pipeline company, telecommunications company, and rural water system has the right to cross over or under the railroad right-of-way for the placement of facilities, upon payment of a reasonable fee, subject to reasonable regulation and negotiation in good faith as to location, placement, and compensation, when the placement of facilities is outside the public right-of-way.

Source: SL 2006, ch 232, § 2.
S.D. Codified Laws § 49-34B-9 — SD Code / Title 49 / Chapter 34B / Section 49-34B-9
Inspection fee for intrastate operators--Recovery of unreasonable fees--Pipeline safety account established
Status: in_force

From each pipeline operator subject to the intrastate pipeline inspection authority under this chapter, the commission shall assess and collect an inspection fee in an amount calculated according to § 49-34B-10 . To the extent it has jurisdiction, the commission shall allow the operator full rate recovery of inspection fees. The inspection fee shall be assessed annually. 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 fee within thirty days after the assessment was mailed, the commission may impose a delinquency fee of ten percent of the 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 which is hereby established in the state treasury. 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, § 8; SL 2007, ch 273, § 5.
S.D. Codified Laws § 49-41B-37 — SD Code / Title 49 / Chapter 41B / Section 49-41B-37
Citation of chapter
Status: in_force

This chapter shall be known as the South Dakota Energy Facility Permit Act.

Source: SL 1977, ch 390, § 1.
S.D. Codified Laws § 49-16B-29 — SD Code / Title 49 / Chapter 16B / Section 49-16B-29
Obligation of state not authorized
Status: in_force

Nothing in this chapter authorizes the authority or any department, board, commission, or other agency to create an obligation of the State of South Dakota within the meaning of the Constitution or statutes of South Dakota.

Source: SL 1980, ch 323, § 28; SL 2010, ch 145, § 198.
S.D. Codified Laws § 49-43-37 — SD Code / Title 49 / Chapter 43 / Section 49-43-37
Insurance of grain against loss--Violation as misdemeanor
Status: in_force

A public grain warehouse shall keep all grain in the warehouse insured at current market value against loss by fire, windstorm, and extended coverage risks. The warehouse operator shall furnish the commission with proof of the insurance when the operator applies for a license. A violation of this section is a Class 1 misdemeanor.

Source: SL 2008, ch 249, § 25.
S.D. Codified Laws § 49-16A-106 — SD Code / Title 49 / Chapter 16A / Section 49-16A-106
Tampering with journal boxes a felony
Status: in_force

Any person who intentionally takes or removes the waste or packing or brass from any journal box of any locomotive, engine, tender, carriage, coach, caboose, or truck used or operated or capable of being used or operated on a railroad, is guilty of a Class 5 felony.

Source: SDC 1939, § 13.4514; SDCL, § 49-27-7; SL 1976, ch 294, § 34; SL 1980, ch 322, § 105.
S.D. Codified Laws § 49-31-12.4 — SD Code / Title 49 / Chapter 31 / Section 49-31-12.4
Filing of new or changed tariff--Procedures for commission
Status: in_force

If a telecommunications company files with the commission any tariff stating a new rate or price or any new practice affecting any noncompetitive telecommunications service, the commission:

(1) May upon a petition to intervene or on its own initiative, with or without answer or other formal pleading by the interested company or companies but upon reasonable notice, enter upon a hearing concerning the propriety or reasonableness of the rate, price or practice;

(2) Pending any hearing pursuant to subdivision (1) of this section, the commission may suspend the operation of the tariff and the use of the rate or practice upon order with notice to the company of the reasons therefor. The suspension may not last longer than one hundred twenty days beyond the proposed effective date of the rate or practice. However, the commission may extend the period an additional sixty days;

(3) During any hearing conducted pursuant to subdivision (1) of this section, receive whatever evidence, statements or arguments the parties may offer pertinent to the investigation. The burden is on the company to prove that the tariff is fair and reasonable;

(4) After any hearing pursuant to subdivision (1) of this section, determine a fair and reasonable rate or price, render a written decision specifically setting out the rate or price and prepare a record of its proceeding and findings; and

(5) If a rate has been suspended pursuant to subdivision (2) of this section and the commission has not issued an order at the expiration of one hundred eighty days after the proposed effective date of the rate or practice, the proposed change may go into effect at the end of such period. In the case of a proposed increased rate or price, the telecommunications company shall keep an accurate account of all amounts received by reason of the increase. The company shall specify by whom and on whose behalf the amounts are paid. Upon completion of the hearings and entry of a commission decision, the commission may require the telecommunications company to refund, with interest, to the persons in whose behalf such amounts were paid, the portion of the increased rates or prices found to be unfair or unreasonable.

Source: SDC 1939, §§ 52.0217 to 52.0219; SDCL, §§ 49-10-26, 49-10-27, 49-10-33 to 49-10-35; SL 1979, ch 307, §§ 67 to 69; SL 1980, ch 322, § 120; SL 1982, ch 326; SL 1987, ch 345, § 59; SL 1988, ch 375, § 20; SL 1992, ch 328, § 20.
S.D. Codified Laws § 49-41B-21 — SD Code / Title 49 / Chapter 41B / Section 49-41B-21
Environmental impact statement
Status: in_force

Prior to the issuance of a permit, the commission may prepare or require the preparation of an environmental impact statement that complies with the provisions of chapter 34A-9 .

Source: SL 1977, ch 390, § 16; SL 2007, ch 274, § 2.
S.D. Codified Laws § 49-16A-113 — SD Code / Title 49 / Chapter 16A / Section 49-16A-113
Consideration for continued occupancy of right-of-way
Status: in_force

Continued occupancy of such right - of - way for such period of occupancy shall be for the same consideration provided for in any existing lease or license for occupancy of such right - of - way, and any person continuing to so occupy shall pay the same to the owner of the right - of - way.

Source: SL 1980, ch 326, § 2.
S.D. Codified Laws § 49-34-11.3 — SD Code / Title 49 / Chapter 34 / Section 49-34-11.3
Mortgage or trust deed securing debt executed by public utility--Filing requirements and effectiveness
Status: in_force

A mortgage or trust deed to secure a debt executed by a public utility as defined in § 49-34-11.1 , covering the whole or part of its easements or other less than fee simple interests in real estate used in the transmission or distribution of gas or electric service, and also covering the fixtures of the public utility which are annexed to it, may be filed in the office of the secretary of state along with, or as part of, the financing statement covering the fixtures. The filing of the mortgage or deed of trust has the same effect, and is notice of the rights and interest of the mortgagee or trustee in the easements and other less than fee simple interest in real estate to the same extent, as if the mortgage or deed of trust were duly recorded in the office of the register of deeds of the counties in which the real estate is situated. The effectiveness of the filing will terminate at the same time as provided § 49-34-11.2 for the termination of the effectiveness of a fixture filing. For the purpose of this section, a mortgage or deed of trust filed under this section contains a sufficient description to give notice of the rights and interest of the mortgagee or trustee in the easements and other less than fee simple interest in the real estate used for the transmission and distribution of gas or electric service of the public utility if the mortgage or deed of trust states that the security includes rights - of - way of, or transmission or distribution systems of, or lines of, the public utility, or all property owned by the public utility. A mortgage or deed of trust filed before July 1, 1989, pursuant to § 49-34-11 , which complies with the provisions of this section, is filed under this section as of July 1, 1989. Section 49-34-11 applies to real estate owned in fee simple by a public utility.

Source: SL 1989, ch 402, § 4.
S.D. Codified Laws § 49-31-52 — SD Code / Title 49 / Chapter 31 / Section 49-31-52
Liability for uncollected fees
Status: in_force

No local exchange telecommunications company has any obligation to take any legal action to enforce the collection of any charge imposed pursuant to §§ 49-31-47 to 49-31-56 , inclusive. The local exchange company is not liable for such uncollected amounts.

Source: SL 1989, ch 401, § 4A.
S.D. Codified Laws § 49-31-109 — SD Code / Title 49 / Chapter 31 / Section 49-31-109
Definitions
Status: in_force

Terms used in §§ 49-31-109 to 49-31-115 , inclusive, mean:

(1) "Interexchange carrier," a telecommunications carrier providing nonlocal telecommunications services;

(2) "Local telecommunications traffic," any wireline to wireline telecommunications traffic that originates and terminates in the same wireline local calling area or wireline to wireless telecommunications traffic that originates within and is delivered to an actual point of presence established by a wireless service provider in the same wireline local calling area. Local telecommunications traffic also includes any wireless to wireline telecommunications traffic that originates and terminates in the same major trading area as defined in 47 CFR § 24.202(a) as of January 1, 2004;

(3) "Nonlocal telecommunications traffic," any wireline to wireline telecommunications traffic that originates in one wireline local calling area and terminates in another wireline local calling area and wireline to wireless telecommunications traffic that originates in one wireline local calling area and is delivered to an actual point of presence established by a wireless service provider in another wireline local calling area. Nonlocal telecommunications traffic also includes any wireless to wireline telecommunications traffic that originates in one major trading area and terminates in another major trading area;

(4) "Originating carrier," a telecommunications carrier whose network or service is used by a customer to originate telecommunications traffic. An originating carrier may be a wireline or wireless carrier transmitting local telecommunications traffic or an interexchange carrier transmitting nonlocal telecommunications traffic;

(5) "Terminating carrier," a telecommunications carrier upon whose network telecommunications traffic terminates to the called party;

(6) "Transiting carrier," a telecommunications carrier that does not originate or terminate telecommunications traffic, but either switches or transports traffic, or both, between an originating carrier and a terminating carrier;

(7) "Transit traffic," telecommunications traffic that an originating carrier has delivered to a transiting carrier or carriers for delivery to a terminating carrier.

Source: SL 2004, ch 284, § 1.
S.D. Codified Laws § 49-16A-55 — SD Code / Title 49 / Chapter 16A / Section 49-16A-55
Authorization to use public lands--Damage to occupant
Status: in_force

Each railroad is authorized to pass over, occupy, and enjoy all the public land, to the extent and in the manner prescribed by the act of Congress approved March 3, 1875. Any damages accruing to an occupant or possessory claimant, or other person who may reside on or have improvements upon such public land, shall be determined and paid for by the railroad the same as is provided for owners of private lands.

Source: SDC 1939, § 52.0815; SDCL, § 49-20-4; SL 1980, ch 322, § 54.
S.D. Codified Laws § 49-32-8 — SD Code / Title 49 / Chapter 32 / Section 49-32-8
Liability for negligence unaffected
Status: in_force

Nothing contained in §§ 49-32-5 and 49-32-6 may be construed to exempt anyone owning or operating any telecommunications facilities, or electric lines in this state from liability for any damage or injury which anyone may sustain by reason of the faulty or negligent construction or maintenance of such telecommunications facilities, or electric lines.

Source: SDC 1939, § 13.1624; SL 1987, ch 345, § 91.
S.D. Codified Laws § 49-34A-49 — SD Code / Title 49 / Chapter 34A / Section 49-34A-49
Municipal offer to purchase electric facilities in annexed area
Status: in_force

Notwithstanding the provisions of § 49-34A-42 , whenever a municipality which owns and operates an electric utility extends its corporate boundaries through annexation or consolidation, such municipality shall either offer to purchase any electric utility properties and service rights within the annexed areas owned by any electric utility, or permit such utility to serve and expand in the annexed area, as provided in this chapter. The municipality shall notify the affected electric utility in writing of the boundaries of the annexed area and shall indicate such area on appropriate maps.

Source: SL 1975, ch 283, § 42.
S.D. Codified Laws § 49-1A-11 — SD Code / Title 49 / Chapter 1A / Section 49-1A-11
Actual costs assessed to electric or gas utility or to a utility's supplier
Status: in_force

If an electric utility or gas utility, as defined in subdivisions 49-34A-1(7) and 49-34A-1(9), respectively, or any person providing or who proposes to provide wholesale electric or gas service to an electric or gas utility for resale, which is exempt from payment of the gross receipts tax fund assessed under § 49-1A-3 , is a party to a docket before the South Dakota Public Utilities Commission, the commission may assess the actual cost to the party for its respective cost. The assessment shall be limited to actual amounts expended by the commission for commission employee time, expert witnesses, court reporter fees, document and exhibit preparation, and other necessary and related expenses incurred by the commission. The party 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 party. The order may be appealed pursuant to chapter 1-26 .

Source: SL 1991, ch 381, § 10; SL 1994, ch 352, § 7.
S.D. Codified Laws § 49-17A-6 — SD Code / Title 49 / Chapter 17A / Section 49-17A-6
Election of commissioners--Terms of office--Vacancies
Status: in_force

The representatives of the subdivisions which are members of a regional railroad authority shall elect commissioners of the regional railroad authority. The number to be elected and their representation shall be provided for in the agreement. All commissioners of a regional railroad authority shall be elected for a term of three years. Vacancies shall be filled for the unexpired term in the same manner as the original elections. Each commissioner shall hold office until his or her successor has been elected and qualified.

Source: SL 1978, ch 344, § 6; SL 1981, ch 333, § 1; SL 2012, ch 227, § 1.
S.D. Codified Laws § 49-1A-4 — SD Code / Title 49 / Chapter 1A / Section 49-1A-4
Annual report of gross receipts--Filing date--Verification--Annual rate setting and tax assessment
Status: in_force

On April first of each year, each company shall file with the Public Utilities Commission, on forms prescribed by the commission, the amount of its gross receipts derived from the company's customers within the State of South Dakota during the preceding calendar year. Such report shall be sworn to and verified by an officer of the company. On May first of each year the commission shall, by order, establish the rate and assess the tax authorized in § 49-1A-3 which, together with any funds remaining from the current fiscal year and the two hundred fifty dollar minimum gross receipt tax, will fund the commission's budget for the next fiscal year and provide a contingency reserve in an amount not to exceed the prior year's budget.

Source: SL 1975, ch 112, § 4; SL 1991, ch 381, § 5; SL 1994, ch 352, § 2; SL 2003, ch 235, § 3.
S.D. Codified Laws § 49-16C-2 — SD Code / Title 49 / Chapter 16C / Section 49-16C-2
Transfer of money to railroad authority fund
Status: in_force

Upon approval of a proposed expenditure as provided for in § 49-16B-13.1 , the Governor shall order the approved amount of money transferred from the railroad trust fund to the railroad authority fund.

Source: SL 1981, ch 100, § 6.
S.D. Codified Laws § 49-45-19 — SD Code / Title 49 / Chapter 45 / Section 49-45-19
Grain buyer license—Revocation—Filing of claims
Status: in_force

Upon the revocation of a grain buyer license, any claim against the grain buyer arising under this chapter must be made in writing and filed with the commission, within ninety days after receiving notice of the revocation.

Upon the revocation of a grain buyer license, the commission shall:

(1) Once each week for two consecutive weeks, publish notice of the revocation in:

(a) A newspaper of general circulation in each county in which the grain buyer maintains a business location; and

(b) A newspaper of general circulation within the state ; and

(2) Send, by certified mail, to each scale ticket holder named in an audit prepared pursuant to § 49-45-18 , a notice of revocation that includes:

(a) The name and address of the grain buyer;

(b) The effective date of the revocation;

(c) The name and address of the surety on the grain buyer bond; and

(d) A statement that any claims against the grain buyer must be made in writing and sent by ordinary mail to the commission, within ninety days after receiving notice of the revocation .

Source: SL 1989, ch 404, § 8; SL 1992, ch 332, § 7; SL 2008, ch 251, § 18; SL 2017, ch 200, § 6; SL 2022, ch 176, § 1.
S.D. Codified Laws § 49-37-25 — SD Code / Title 49 / Chapter 37 / Section 49-37-25
Indemnification of directors, officers, employees or agents
Status: in_force

A consumers power district may indemnify any person who was or is a party or is threatened to be made a party to any pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative by reason of the fact that he is or was a director, officer, employee, or agent of the consumers power district or is or was serving at the request of the consumers power district as a director, officer, employee, or agent or other enterprise, against expenses including attorneys' fees, judgments, fines, and amounts paid in settlement actually and reasonably incurred by him in connection with the action, suit, or proceeding if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the consumers power district and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. However, this section does not apply to any action by or in the right of the consumers power district.

Source: SL 1989, ch 403, § 22.
S.D. Codified Laws § 49-31-50.1 — SD Code / Title 49 / Chapter 31 / Section 49-31-50.1
Use of funds appropriated pursuant to §49-31-50
Status: in_force

Funds appropriated pursuant to § 49-31-50 may only be used for:

(1) The costs of providing a cochlear implant to a child who is not covered under a plan of health insurance; or

(2) Any portion of the costs of providing a cochlear implant to a child that is not paid by any plan of health insurance covering the child but only for those amounts payable by the covered person under the plan's deductible and coinsurance provisions.

Source: SL 2005, ch 246, § 2.
S.D. Codified Laws § 49-17A-3.1 — SD Code / Title 49 / Chapter 17A / Section 49-17A-3.1
Authority may not change resolution eschewing taxing power
Status: in_force

Any railroad authority may adopt a resolution amending the provisions of the agreement authorized by § 49-17A-2 to specify that the railroad authority may not levy a tax pursuant to the provisions provided in chapter 49-17A . The railroad authority shall file a certified copy of the resolution with the secretary of state and the secretary of state shall issue an amended certificate of incorporation. The railroad authority may not adopt a resolution to amend or repeal this resolution prohibiting the railroad authority from levying a tax pursuant to the provisions provided in chapter 49-17A .

Source: SL 1997, ch 264, § 1.
S.D. Codified Laws § 49-28A-5 — SD Code / Title 49 / Chapter 28A / Section 49-28A-5
Annual review of regulations
Status: in_force

The director of the Division of the Highway Patrol shall annually review the regulations for motor carrier safety and the transportation of hazardous materials as contained in the code of federal regulations to determine if the rules promulgated pursuant to § 49-28A-2 should be amended.

Source: SL 1981, ch 241, § 3; SDCL Supp, § 32-9-50; SL 1984, ch 309, § 4; SL 1986, ch 22, § 17.
S.D. Codified Laws § 49-36-1.1 — SD Code / Title 49 / Chapter 36 / Section 49-36-1.1
Procedure for election
Status: in_force

All candidates for the office of director of a consumers power district shall be nominated and voted for at the primary and general elections in the manner provided by this chapter.

Source: SL 1989, ch 403, § 5.
S.D. Codified Laws § 49-30-15 — SD Code / Title 49 / Chapter 30 / Section 49-30-15
Meeting for election of directors--Notice of meeting--Waiver of notice
Status: in_force

If, for any reason, the election of directors shall not have been held at the time fixed therefor by law, the same may be held at any time thereafter on a notice of twenty days. Such election may be called by a majority of the directors or by the stockholders holding a majority of the stock; but at any meeting at which all the stockholders shall be present or be represented by attorney or proxy, it shall be lawful to waive notice and proceed to an election of directors.

Source: SDC 1939, § 52.1305; SL 1943, ch 178; SL 1955, ch 227, § 1.
S.D. Codified Laws § 49-34C-5 — SD Code / Title 49 / Chapter 34C / Section 49-34C-5
Failure to comply--Misdemeanor
Status: in_force

Any person who operates a biogas gathering line other than in compliance with this chapter is guilty of a Class 1 misdemeanor and is subject to a civil penalty of not more than ten thousand dollars.

Source: SL 2022, ch 172, § 5.
S.D. Codified Laws § 49-43-19 — SD Code / Title 49 / Chapter 43 / Section 49-43-19
Partial delivery of grain--Issuance of new receipt--Terms of new receipt
Status: in_force

If a part of the grain represented by the receipt is delivered out of storage and the remainder is left, a new receipt may be issued for the remainder. The new receipt shall bear the same date as the original and shall state on its face that it is the balance of receipt of the original number, and the receipt upon which a part of the grain has been delivered shall be canceled in the same manner as if it had all been delivered.

Source: SDC 1939, § 60.0317; SL 1985, ch 376, § 39.
S.D. Codified Laws § 49-1-11 — SD Code / Title 49 / Chapter 1 / Section 49-1-11
Rules of commission
Status: in_force

The Public Utilities Commission may promulgate rules pursuant to chapter 1-26 concerning:

(1) Procedures for filing and cancelling tariffs, and information required to be included in tariffs;

(2) Procedures and requirements for filing and acting upon complaints;

(3) Procedures and requirements for filing applications for new or revised rates or tariff changes;

(4) Regulation of proceedings before the commission, including forms, notices, applications, pleadings, orders to show cause and the service thereof, all of which shall conform to those used in South Dakota courts;

(5) Procedures for obtaining a declaratory ruling and action on petitions for a declaratory ruling;

(6) Procedures and requirements for handling confidential information and determining whether information should be protected as confidential; and

(7) Procedures for communicating with the commissioners.

Source: SDC 1939, § 52.0109; SL 1986, ch 22, § 21; SL 1990, ch 371, § 1; SL 1991, ch 380, § 3.
S.D. Codified Laws § 49-34B-20 — SD Code / Title 49 / Chapter 34B / Section 49-34B-20
Promulgation of rules for calculation, assessment, and collection of fees
Status: in_force

The commission may promulgate rules pursuant to chapter 1-26 governing the calculation, assessment, and collection of the fees imposed in §§ 49-34B-9 to 49-34B-11 , inclusive, and 49-34B-16 to 49-34B-18 , inclusive.

Source: SL 1994, ch 357, § 19.
S.D. Codified Laws § 49-31-5 — SD Code / Title 49 / Chapter 31 / Section 49-31-5
Promulgation of rules for conduct of business
Status: in_force

The commission may regulate the business of providing telecommunication service and may promulgate rules pursuant to chapter 1-26 concerning:

(1) Requirements for telecommunications companies to maintain and make available to the public and the commission records and utility tariffs;

(2) Requirements for telecommunications companies to provide information to customers regarding credit, deposits, services, refunds and billing rights;

(3) Requirements that telecommunications companies must follow regarding procedures for billing customers;

(4) Procedures and requirements for handling billing disputes, service interruptions, payment plans and refunds;

(5) Standards and procedures for telecommunications companies to follow to ensure nondiscriminatory credit policies;

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

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

(8) Policies for telecommunications companies to follow regarding refusal of telephone service to the public;

(9) Policies for telecommunications companies to follow regarding disconnection of customer service;

(10) Registration procedures, service requirements, billing practices and maximum service charges for alternative operator services in South Dakota;

(11) Procedures and requirements for classification and reclassification proceedings;

(12) Standards, procedures and requirements regarding the telecommunications utility investigation fund;

(13) Application and notice procedures for the construction of telecommunications facilities; and

(14) Requirements for filing and noticing tariff changes.

Source: SDC 1939, § 52.0260; SL 1986, ch 22, § 22; SL 1987, ch 345, § 45; SL 1990, ch 371, § 2; SL 1992, ch 328, § 10.
S.D. Codified Laws § 49-16A-75.3 — SD Code / Title 49 / Chapter 16A / Section 49-16A-75.3
Determination of public use consistent with public necessity--Appeal
Status: in_force

A railroad's exercise of the right of eminent domain is a public use consistent with public necessity only if the use of eminent domain is proposed by an applicant who has negotiated in good faith to privately acquire sufficient property without the use of eminent domain. No determination of public use or necessity or any other issue properly decided by the Governor or the commission may be addressed by the circuit court in an action for condemnation. Such a determination may only be challenged upon direct appeal of that determination. Notwithstanding appeal of such determination, the railroad may proceed at any time by action in circuit court for possession and determination of compensation for any real property taken or damaged.

Source: SL 1999, ch 222, § 7; SL 2006, ch 232, § 1; SL 2008, ch 238, § 2.
S.D. Codified Laws § 49-47-1 — SD Code / Title 49 / Chapter 47 / Section 49-47-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Adequate remediation," corrective action by an electric utility that results in, and is reasonably likely to sustain, a reduction of stray current or voltage attributable to the electric utility's distribution system of fifty percent or less of the preventive action level;

(2) "Commission," the Public Utilities Commission;

(3) "Cow contact points," any two electrically conductive points that a dairy cow may, in its normal environment, unavoidably and simultaneously contact;

(4) "Electric utility" or "utility," an electric utility as defined in § 49-34A-1 ;

(5) "Preventive action level," stray current or voltage that is either:

(a) A steady-state, root mean square (rms), alternating current (AC) of 2.0 milliamp (mA) or more through a 500 ohm resistor connected between cow contact points, as measured by a true rms meter; or

(b) A steady-state, rms, AC voltage of 1.0 volts or more, across (in parallel with) a 500 ohm resistor connected between cow contact points, as measured by a true rms meter;

(6) "Steady-state," the value of a current or voltage after an amount of time where all transients have decayed to a negligible value;

(7) "Stray current or voltage,":

(a) Any steady-state, 60 hertz (Hz) (including harmonics thereof), root mean square (rms), alternating current (AC) of less than 20 milliamp (mA) through a 500 ohm resistor connected between cow contact points, as measured by a true rms meter; or

(b) Any steady-state, 60 Hz (including harmonics thereof), rms, AC voltage of less than 10 volts, across (in parallel with) a 500 ohm resistor connected between cow contact points, as measured by a true rms meter.

Source: SL 2015, ch 237, § 1.
S.D. Codified Laws § 49-7A-12 — SD Code / Title 49 / Chapter 7A / Section 49-7A-12
Notification of damage to underground facility--Repairs--Flammable, toxic, or corrosive gas or liquid
Status: in_force

If any underground facility is damaged, dislocated, or disturbed in advance of or during excavation work, the excavator shall immediately notify the one-call notification center and, if known, the operator of the facility of the damage, dislocation, or disturbance. No excavator may conceal or attempt to conceal any damage, dislocation, or disturbance, nor may that excavator attempt to make any repair to the facility unless authorized by the operator of the facility. If the damage, dislocation, or disturbance results in the escape of any flammable, toxic, or corrosive gas or liquid, the excavator shall immediately report the escape to the authorities by calling the 911 emergency telephone number and notifying the one-call notification center and, if known, the operator of the facility.

Source: SL 1993, ch 346, § 13; SL 1997, ch 263, § 6; SL 2002, ch 211, § 10; SL 2018, ch 262, § 1.
S.D. Codified Laws § 49-35-8 — SD Code / Title 49 / Chapter 35 / Section 49-35-8
Signatories to petition--Basis for computing minimum required signatures--Information in addition to signatures
Status: in_force

The petition for the organization of a consumers power district shall be signed by five percent of the qualified electors of the proposed district. The number of votes cast for Governor at the general election within the boundaries of the proposed district next preceding the filing of the petition shall be the basis for determining the required number of signatures to the petition. Each petition signer shall also provide the signers printed name, residence address, county of voter registration, and date of signing. To each sheet for petitioners' signatures shall be attached a full and correct copy of the petition.

Source: SL 1950 (SS), ch 17, § 8; SDC Supp 1960, § 52.1708; SL 1998, ch 276, § 2.
S.D. Codified Laws § 49-31-117 — SD Code / Title 49 / Chapter 31 / Section 49-31-117
Commission disbursement of certain bond or other proceeds to affected customers--Interest
Status: in_force

Upon receipt of any bond, letter of credit, or other proceeds that are payable to the commission and were issued to protect the financial interests of customers of a telecommunications company, the commission shall disburse the proceeds to affected customers pursuant to chapter 1-26 . Any interest and other revenue earned on the proceeds shall accrue for the benefit of the affected customers.

Source: SL 2005, ch 248, § 1.
S.D. Codified Laws § 49-34-2 — SD Code / Title 49 / Chapter 34 / Section 49-34-2
Construction standards--Obstruction of travel--Repairs
Status: in_force

Every railroad, electric light, or power line, constructed and operated upon any public street or highway pursuant to § 49-34-1 , shall be constructed upon the most approved plan and be subject to such reasonable rules and regulations as the proper authorities may from time to time prescribe and shall be so laid and operated as not to obstruct public travel therein; rails shall be laid flush with the surface of the street or highway and shall not be permitted to project above the same; that portion of the street or roadway between tracks and for one foot from the outer edge thereof shall be kept in repair and condition by such corporation at its own expense.

Source: SDC 1939, § 52.1510.
S.D. Codified Laws § 49-16A-100.10 — SD Code / Title 49 / Chapter 16A / Section 49-16A-100.10
Application of §§49-16A-100.2to49-16A-100.9
Status: in_force

Sections 49-16A-100.2 to 49-16A-100.9 , inclusive, apply to:

(1) Any crossing in existence before July 1, 2014 if an agreement concerning the crossing has expired or is terminated. In such instance, if the collective amount of seven hundred fifty dollars has been paid to the railroad during the existence of the crossing, no additional fee is required; and

(2) Any crossing commenced on or after July 1, 2014.

Source: SL 2014, ch 217, § 8.
S.D. Codified Laws § 49-28A-6 — SD Code / Title 49 / Chapter 28A / Section 49-28A-6
Inspection of vehicles and records
Status: in_force

The Department of Public Safety shall have the right of entry to inspect a motor carrier's vehicles and records for compliance with the rules adopted under § 49-28A-2 . This includes authority to break cargo seals to inspect the stability of the load and its hazardous nature and to enter upon the carrier's premises and inspect and copy documents.

Source: SL 1984, ch 309, § 4A; SL 2003, ch 272 (Ex. Ord. 03-1), § 22.
S.D. Codified Laws § 49-49-3 — SD Code / Title 49 / Chapter 49 / Section 49-49-3
Annual plan compliance report--Deadline--Publication--Plan validity--Plan update
Status: in_force

A qualified utility with a published wildfire mitigation plan shall submit an annual report detailing the qualified utility's compliance with its wildfire mitigation plan for the previous calendar year to the commission or to its approval authority, no later than June first of each year. The commission shall file and publish the report within sixty days of receipt. The electric cooperative or municipal utility shall publish the report on its website within sixty days of filing with the approval authority. The wildfire mitigation plan is valid and current if it is on file and all annual reports are timely filed with the commission or approval authority. The qualified utility shall file an update to the wildfire mitigation plan at least once every two years.

Source: SL 2026, ch 189, § 3.
S.D. Codified Laws § 49-39-8 — SD Code / Title 49 / Chapter 39 / Section 49-39-8
Pledging revenues to secure federal indebtedness--State not liable
Status: in_force

Nothing contained in chapters 49-35 to 49-40 , inclusive, shall prevent the district from assigning, pledging, or otherwise hypothecating, its revenues, incomes, receipts or profits to secure the payment of indebtedness to the federal government; provided, that the State of South Dakota shall never pledge its credit or funds, or any part thereof, for the payment of settlement of any indebtedness or obligation whatsoever of any district created under the provisions of chapter 49-35 .

Source: SL 1950 (SS), ch 17, § 60; SDC Supp 1960, § 52.1759.
S.D. Codified Laws § 49-45-10 — SD Code / Title 49 / Chapter 45 / Section 49-45-10
Payment for grain by buyer
Status: in_force

A grain buyer must pay the purchase price to the owner or the owner's agent for grain upon delivery or demand of the owner or agent unless payment is to be made in accordance with the terms of a voluntary credit sale that complies with the requirements of this chapter and rules promulgated thereto. Full payment of any cash purchase must be made by the Class A grain buyer within thirty days of final delivery. A Class B grain buyer must pay for the grain included on a uniform scale ticket or comparable receipt, as defined in § 49-45-10.1 , within thirty days of issuance.

Source: SL 1985, ch 376, § 75A; SL 2008, ch 251, § 9; SL 2013, ch 238, § 13, eff. Apr. 1, 2013; SL 2024, ch 192, § 4.
S.D. Codified Laws § 49-43-5.5 — SD Code / Title 49 / Chapter 43 / Section 49-43-5.5
Filing of other financial documents in lieu of bond
Status: in_force

If the Public Utilities Commission determines, because a corporate surety company becomes insolvent or ceases to write grain warehouse bonds in this state, that a bond in the sum required by § 49-43-5.3 cannot be executed, the commission may, by rule, authorize the filing of other financial documents in lieu of a corporate surety bond.

Source: SL 1987, ch 355, § 2.
S.D. Codified Laws § 49-30-18 — SD Code / Title 49 / Chapter 30 / Section 49-30-18
Exhibition of corporate books and records
Status: in_force

At every election of directors the books and papers of a corporation organized under this chapter shall be exhibited to the meeting if a majority of the stockholders present require it.

Source: SDC 1939, § 52.1305; SL 1943, ch 178; SL 1955, ch 227, § 1.
S.D. Codified Laws § 49-34A-20 — SD Code / Title 49 / Chapter 34A / Section 49-34A-20
Rate increases not required to prevent competition
Status: in_force

No public utility shall be required to generally increase its rates as to customers of an entire class for the purpose of preventing competition between two public utilities.

Source: SL 1975, ch 283, § 5.
S.D. Codified Laws § 49-31-60 — SD Code / Title 49 / Chapter 31 / Section 49-31-60
Telecommunications infrastructure--Legislative intent
Status: in_force

It is the intent of the Legislature that South Dakota have a telecommunications infrastructure that meets the advanced communication needs of the state's individual citizens and its communities of interest, including our schools, medical facilities, businesses, and all levels of government. To achieve this intent, it is anticipated that three networks, accessible by all South Dakotans, will be established: a narrowband network, a wideband network, and a broadband network. Together, these three networks will form South Dakota's Public Communications Network Infrastructure. This infrastructure will enable any - to - any voice, data, videoconferencing, graphics, imaging, and multimedia communications. These three networks will fully support the following capability requirements: ubiquitous, feature rich, standard, secure, private, survivable, robust, addressable, switched, affordable, and available. Communications services will be reasonably and affordably priced. Classes of service will be created for network services in order to establish a service - based and value - based pricing model. The new narrowband, wideband, and broadband communications networks will be established in a manner ensuring that all the citizens of South Dakota realize the advantages of the forthcoming information age, including economic development, educational opportunities, a heightened level of medical care, and better, more efficient service from all levels of government.

It is the intent of the Legislature, that:

(1) The Public Communications Network Infrastructure will grow and enhance with expanding user needs and advancements in technologies' bandwidth and feature capabilities;

(2) This layered network hierarchy, based upon a fully integrated backbone of interconnected switched survivable rings, will carry independent and fully integrated voice, data, and video communications; and

(3) The network architecture will enable access and interconnection points for public - to - public, public - to - private, and wireline - to - wireless inter - networking.

Source: SL 1997, ch 266, §§ 1, 11, 12; SL 1999, ch 224, § 2.
S.D. Codified Laws § 49-31-12.5 — SD Code / Title 49 / Chapter 31 / Section 49-31-12.5
Filing of new schedule affecting emerging competitive service--Notice and hearing--Suspension or disapproval of price or practice
Status: in_force

If a telecommunications company files with the commission any tariff stating a new price or a change in price or practice affecting any emerging competitive telecommunications service, the commission:

(1) Shall permit any proposed change in price or practice to be effective upon twenty days' notice to the commission and the customers affected by the change;

(2) May, upon receiving a petition to intervene or upon its own motion, conduct a hearing to determine whether any new price or change in price or practice is fair and reasonable. Any petition to intervene or motion shall be filed or made within twenty days after the filing of the price or practice. The burden of proof is on the company to show that any new price or change in price or practice is fair and reasonable. Any hearing shall be completed and any order of the commission shall be issued within one hundred twenty days after the effective date of the tariff filed;

(3) May, if the petition to intervene or motion alleges improper cross subsidization in violation of § 49-31-4 or unjust or unreasonable discrimination pursuant to § 49-31-11 , suspend the effective date of any new price or a change in price or practice, if the commission determines that any remedial order of the commission pursuant to chapter 49-13 will not adequately protect a party from irreparable harm. Any suspension may not exceed thirty days following the effective date of the tariff filed; and

(4) Shall, after notice and hearing, disapprove any price or practice found to be unfair and unreasonable and may order a refund with interest of any portion of the change found to be unfair and unreasonable. During any proceedings under this section, a telecommunications company shall keep accurate records of the amounts collected as a result of the increased price in the event of a refund at the conclusion of all proceedings.

Source: SL 1988, ch 375, § 21; SL 1992, ch 328, § 21.
S.D. Codified Laws § 49-32-13 — SD Code / Title 49 / Chapter 32 / Section 49-32-13
Warning signs to be posted on cranes and hoisting equipment--Violation as misdemeanor--Separate offenses
Status: in_force

No person may, individually or through an agent or employee or as an agent or employee, operate a crane, derrick, power shovel, drilling rig, hoisting equipment or similar apparatus, any part of which is capable of lateral or swinging motion, unless there is posted and maintained in plain view of its operator, a durable warning sign legible at twelve feet, reading:

"Unlawful to operate this equipment within six feet of high voltage lines."

A violation of this section is a Class 2 misdemeanor. Each day's failure to post or maintain such signs shall constitute a separate violation.

Source: SL 1973, ch 288, § 4; SL 1983, ch 15, § 132.
S.D. Codified Laws § 49-34B-4 — SD Code / Title 49 / Chapter 34B / Section 49-34B-4
Safety standards--Promulgation of rules--Considerations
Status: in_force

The commission may, by rules promulgated pursuant to chapter 1-26 , establish safety standards that are not more stringent than federal safety standards, as set forth in § 49-34B-3 , for the intrastate transportation of gas and gas pipeline facilities. The standards may apply to the construction, design, extension, inspection, installation, maintenance, operation, replacement, and testing of gas pipeline facilities. Standards affecting the construction, design, initial inspection, initial testing, and installation do not apply to pipeline facilities in existence on the date the standards are adopted by either this state or the federal government. The safety standards must be practicable and designed to meet the need for pipeline safety. In prescribing the standards, the commission shall consider:

(1) Relevant available pipeline safety data;

(2) Whether the standards are appropriate for the particular type of pipeline transportation of gas;

(3) The reasonableness of any proposed standards;

(4) The extent to which each standard will contribute to public safety; and

(5) The existing standards established by the secretary of the United States Department of Transportation pursuant to 49 U.S.C. §§ 60101 to 60143, inclusive (January 1, 2026).

Source: SL 1994, ch 357, § 3; SL 1995, ch 264, § 3; SL 1997, ch 268, § 3; SL 1999, ch 230, § 3; SL 2001, ch 258, § 3; SL 2003, ch 240, § 3; SL 2005, ch 247, § 3; SL 2007, ch 273, § 4; SL 2009, ch 242, § 4; SL 2010, ch 225, § 4; SL 2011, ch 210, § 4; SL 2012, ch 231, § 4; SL 2016, ch 226, § 4; SL 2019, ch 199, § 3; SL 2021, ch 201, § 2; SL 2023, ch 158, § 3; SL 2026, ch 186, § 3.
S.D. Codified Laws § 49-31-3.2 — SD Code / Title 49 / Chapter 31 / Section 49-31-3.2
Waiver, modification, etc., of rules and orders for fully competitive or emerging competitive service--Application for classification--Factors in determining classification--Time for approval or denial
Status: in_force

The commission, after notice and hearing, shall waive, eliminate or modify any of its rules or orders affecting telecommunications services if it finds that a telecommunications service is a fully competitive service or an emerging competitive service. A person, or the commission on its own motion, may apply to have an emerging competitive service of a telecommunications company classified as a fully competitive service or a noncompetitive service classified as an emerging competitive service or a fully competitive service. The application shall be filed with the commission and served on any other person designated by the commission. The application shall be in a form prescribed by the commission. The commission, in determining how a telecommunications service is to be classified, shall consider:

(1) The number and size of alternative providers of the service and the affiliation to other providers;

(2) The extent to which services are available from alternative providers in the relevant market;

(3) The ability of alternative providers to make functionally equivalent or substitute services readily available at competitive rates, terms, and conditions of service;

(4) The market share, the ability of the market to hold prices close to cost, and other economic measures of market power; and

(5) The impact on universal service.

The commission shall approve or deny any such application within ninety days after the filing of the application. However, the commission may, by order, defer the period within which it must act for one additional period of ninety days, upon a finding that the proceeding cannot be completed within ninety days and that the additional time period is necessary for the commission to adequately and completely fulfill its duty under this title. If the commission has not acted on any such application within the appropriate time period permitted, the application shall be deemed granted.

Source: SL 1988, ch 375, § 9; SL 1992, ch 328, § 5.
S.D. Codified Laws § 49-32A-1 — SD Code / Title 49 / Chapter 32A / Section 49-32A-1
Definition of terms
Status: in_force

Terms used in this chapter, unless the context otherwise requires, mean:

(1) "Registered professional engineer," a person with a degree in radio electronics entitling him to the use of the title of professional engineer and whose credentials are a matter of record with the Federal Communications Commission in Washington, D.C. and who is actively pursuing a practice of consulting as a professional engineer;

(2) "Service unit," any structure inhabited for dwelling purposes and shall include each home, each apartment within a structure, and each motel or hotel structure shall be one unit, and shall include any establishment which sells, rents, leases to or maintains on the premise for the enjoyment of their customers electronic equipment which receives translator signals; and

(3) "Translator," any facility within this state which is operated to receive and amplify the signals broadcast by one or more television stations and redistribute the signals by appropriate broadcasting means but shall not include redistribution of signals by wire or cable.

Source: SL 1976, ch 76, § 1.
S.D. Codified Laws § 49-1-12.1 — SD Code / Title 49 / Chapter 1 / Section 49-1-12.1
Discussions on internal management not subject to chapter1-25
Status: in_force

The Public Utilities Commission is not subject to the requirements of chapter 1-25 when one or more commissioners are meeting among themselves or staff to discuss the internal management of the Public Utilities Commission regarding such things as:

(1) Planning or developing activities or proposed legislation;

(2) Organizing the internal structure of the Public Utilities Commission;

(3) Selecting, appointing, promoting, removing or managing personnel;

(4) Developing reports; or

(5) Developing budgets and expending funds.

Source: SL 2013, ch 235, § 2.
S.D. Codified Laws § 49-40-5 — SD Code / Title 49 / Chapter 40 / Section 49-40-5
Inability to agree with municipality on price--Court determination--Basis of determination
Status: in_force

If any municipality and consumers power district shall fail to agree upon a price and terms for the sale of property to such municipality pursuant to § 49-40-4 the procedure for determining such price and terms of sale, and for compelling such sale shall be the same as is provided by chapter 21-35 . In determining the amount of severance damages, the court shall take into account, together with other relevant factors, the economic effect, if any, caused by the severance therefrom of the part taken upon the system as a going concern as it will be and remain after the severance.

Source: SL 1950 (SS), ch 17, § 65; SDC Supp 1960, § 52.1764.
S.D. Codified Laws § 49-17A-5 — SD Code / Title 49 / Chapter 17A / Section 49-17A-5
Hearing before adoption of resolution--Publication of notice
Status: in_force

No resolution authorized by § 49-17A-2 or 49-17A-11 shall be adopted without a public hearing. Notice of such hearing shall be given at least ten days prior thereto in the official newspaper of the subdivision, or if the subdivision has no official newspaper, then in a newspaper having general circulation in the subdivision.

Source: SL 1978, ch 344, § 5.
S.D. Codified Laws § 49-41B-34 — SD Code / Title 49 / Chapter 41B / Section 49-41B-34
Violation of permit requirements as misdemeanor--Civil penalty--Continuing offense
Status: in_force

Any person required by this chapter to have a permit who begins construction of a facility without previously securing a permit as prescribed by this chapter, or who constructs, operates, or maintains a facility other than in compliance with the permit and any terms, conditions, and modifications contained therein is guilty of a Class 1 misdemeanor and is subject to a civil penalty of not more than ten thousand dollars. Each day of violation shall constitute a separate offense. The civil penalty provided for in this section shall be recoverable by suit filed by the Public Utilities Commission and shall be deposited into the permanent school fund.

Source: SL 1977, ch 390, § 32.
S.D. Codified Laws § 49-7-13 — SD Code / Title 49 / Chapter 7 / Section 49-7-13
Condemnation of pipeline right-of-way--Width across school and public lands
Status: in_force

Any pipeline companies owning a pipeline which is a common carrier as defined by § 49-7-11 may exercise the right of eminent domain in acquiring right - of - way as prescribed by statute. However, in the case of school and public lands, no right - of - way for the purpose of carriage of property by pipeline shall exceed ten feet in width but the pipeline company shall have the right to secure such land as may be reasonably required for pumps, stations, substations, tanks, or buildings necessary for the carriage of the type or kinds of property the pipeline company intends its pipeline to carry.

Source: SL 1980, ch 321, § 3.
S.D. Codified Laws § 49-31-104 — SD Code / Title 49 / Chapter 31 / Section 49-31-104
Telephone solicitation account established
Status: in_force

There is hereby established in the state treasury, the telephone solicitation account. Unless otherwise provided by law, this fund consists of all fees and fines imposed pursuant to §§ 49-31-99 to 49-31-108 , inclusive, designated for deposit in the fund. The fund shall be maintained separately and administered by the commission to implement and administer provisions of this chapter. Any interest earned on money in the fund shall be deposited in the fund. Expenditures from the fund shall be budgeted through the normal budget process. Unexpended funds and interest shall remain in the fund until appropriated by the Legislature. Any expenditure from the fund shall be disbursed on warrants drawn by the state auditor and shall be supported by vouchers approved by the commission.

Source: SL 2003, ch 238, § 5; SL 2011, ch 207, § 1.
S.D. Codified Laws § 49-1-16 — SD Code / Title 49 / Chapter 1 / Section 49-1-16
Duties of state's attorneys
Status: in_force

It shall be the duty of the state's attorney of any county in which suit is instituted, or prosecuted pursuant to § 49-1-14 , to aid in the prosecution of the same to a final issue upon the request of the Public Utilities Commission or the attorney general.

Source: SDC 1939, § 52.0253.
S.D. Codified Laws § 49-17A-29 — SD Code / Title 49 / Chapter 17A / Section 49-17A-29
Resolutions for bonds or notes--Security agreement--Terms and conditions
Status: in_force

Bonds or notes of the authority shall be authorized by resolution of the commissioners and may be issued under the resolution or under a trust indenture or other security agreement, in one or more series, and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denominations, be in such form, either coupon or registered, carry such conversion, exchange and registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment at such place or places within or outside the state, be subject to such terms of redemption with or without premium, and contain or be subject to such other terms as the resolution, trust indenture or security agreement may provide, and shall not be restricted by any other law limiting amounts, maturities, interest rates, or other terms or obligations of public agencies or private persons.

Source: SL 1978, ch 344, § 27.
S.D. Codified Laws § 49-36-7 — SD Code / Title 49 / Chapter 36 / Section 49-36-7
Oath of directors
Status: in_force

Before entering upon the duties of his office, every member elected to membership on the board of directors shall take and subscribe to an oath to support the Constitution of the United States and the Constitution of the State of South Dakota, and faithfully and impartially to perform the duties of his office, which oath shall be filed in the Office of the Secretary of State.

Source: SL 1950 (SS), ch 17, § 24; SDC Supp 1960, § 52.1724.
S.D. Codified Laws § 49-36-1 — SD Code / Title 49 / Chapter 36 / Section 49-36-1
Election of directors--Persons entitled to vote--Nonpartisan ballot required--Terms of directors
Status: in_force

After the selection of the original board of directors of a consumers power district as provided for in chapter 49-35 , their successors shall be nominated and elected and shall take office as provided in this chapter. Qualified voters of the political subdivision or subdivisions whose combined territory composes the territory of a district shall be qualified voters of the district. The nomination and election shall be by separate nonpartisan ballot. The term of each member of the board thus elected shall be six years and until his successor is elected and qualified.

Source: SL 1950 (SS), ch 17, §§ 18, 19; SDC Supp 1960, §§ 52.1718, 52.1719; SL 1989, ch 403, § 4.
S.D. Codified Laws § 49-13-24 — SD Code / Title 49 / Chapter 13 / Section 49-13-24
Noncompliance with order for payment of money--Petition in court--Civil action procedure applicable--Exceptions
Status: in_force

If any telecommunications company or motor carrier does not comply with an order for the payment of money by the commission within the time limit of the order, any person for whose benefit the order was made may file in any court of competent jurisdiction of this state a petition or complaint setting forth the causes for which damages are claimed, the proceedings before the commission, and the report and order of the commission in the premises. The suit shall proceed in all other respects as other civil actions for damages, except as provided in §§ 49-13-25 and 49-13-26 .

Source: SDC 1939, § 52.0304; SL 1987, ch 345, § 37.
S.D. Codified Laws § 49-16B-4 — SD Code / Title 49 / Chapter 16B / Section 49-16B-4
Authority attached to bureau of finance and management for reporting purposes--Exercise of functions
Status: in_force

The authority shall be attached to the Bureau of Finance and Management for reporting purposes but shall exercise all its prescribed functions, including administrative functions. The authority shall submit such records, information, and reports in the form and at such times as required by the commissioner of finance and management, except that the authority shall report at least annually.

Source: SL 1980, ch 323, § 4.
S.D. Codified Laws § 49-39-4 — SD Code / Title 49 / Chapter 39 / Section 49-39-4
Refunding of indebtedness--Issuance of refunding securities--Disposition of proceeds
Status: in_force

A resolution or agreement pursuant to § 49-39-2 may further provide for the refunding of any revenue debentures, notes, warrants, bonds or other evidences of indebtedness through the issuance of other revenue debentures, notes, warrants, bonds or other evidences of indebtedness. The resolution may provide that holders are entitled to rights and priorities similar in all respects to those held by the revenue debentures, notes, warrants, bonds or other evidences of indebtedness that are refunded, and for the issuance of the refunding revenue debentures, notes, warrants, bonds or other evidences of indebtedness, either in exchange for revenue debentures, notes, warrants, bonds or other evidences of indebtedness then outstanding, or the sale thereof. The proceeds may be applied, in addition to any other authorized purposes, to the purchase, redemption or payment of the revenue debentures, notes, warrants, bonds or other evidences of indebtedness, then outstanding. Pending application of the proceeds of any refunding revenue debentures, notes, warrants, bonds or other evidences of indebtedness being refunded, if so provided or permitted in the resolution or agreement providing for the issuance of the refunding revenue debentures, notes, warrants, bonds or other evidences of indebtedness, to the payment of any interest on the refunding revenue debentures, notes, warrants, bonds or other evidences of indebtedness and any expenses in connection with the refunding, the proceeds may be invested in direct obligations of, or obligations the principal and interest of which are unconditionally guaranteed by the United States, or such other obligations as shall be provided or permitted by the resolution or agreement providing for the issuance of the revenue debentures, notes, warrants, bonds or other evidence of indebtedness being refunded, and which mature or are subject to redemption by the holders thereof at the option of the holders not later than the respective dates when the proceeds, together with the interest occurring thereof, will be required for the purposes intended.

Source: SL 1950 (SS), ch 17, § 48; SDC Supp 1960, § 52.1748; SL 1983, ch 346, § 1.
S.D. Codified Laws § 49-31-1.2 — SD Code / Title 49 / Chapter 31 / Section 49-31-1.2
"Emerging competitive service" defined
Status: in_force

For the purposes of this chapter, "emerging competitive service" is a service that satisfies the criteria of § 49-31-3.2 and which has alternative services available to over twenty percent of the company's customers for that service. Such services include:

(1) Inter-LATA message toll service and intra - LATA message toll service;

(2) Inter-LATA wide area telephone service and intra - LATA wide area telephone service; and

(3) New products and services not functionally required to provide local exchange service.

Source: SL 1988, ch 375, § 3.
S.D. Codified Laws § 49-34A-12 — SD Code / Title 49 / Chapter 34A / Section 49-34A-12
Change in rates--Notice to commission and affected customers
Status: in_force

Unless the Public Utilities Commission otherwise orders, no public utility shall change any rate which has been duly established under this chapter, except after thirty days' notice to the commission, which notice shall include statements of facts, expert opinions, substantiating documents, and exhibits, supporting the change requested, and further shall state the change proposed to be made in the rates then in force, and the time when the modified rates will go into effect. The utility shall give written notice of any proposed increase of any rate to all affected customers served by the public utility at least thirty days prior to the effective date thereof. The notice to affected customers shall include a statement that the customer has a right to join with twenty - four other customers and file a written objection to such rate increase and that they may request the commission to suspend the rate increase and to hold a public hearing to determine if such rate increase should be allowed. All proposed changes shall be shown by filing new schedules or shall be plainly indicated upon schedules on file and in force at the time.

Source: SL 1975, ch 283, § 7; SL 1976, ch 296, § 11.
S.D. Codified Laws § 49-30-24 — SD Code / Title 49 / Chapter 30 / Section 49-30-24
Liability of stockholders--Stock held by fiduciary or as collateral security
Status: in_force

No person holding stock in any corporation organized under this chapter as personal representative, conservator, or trustee, and no person holding such stock as collateral security, is personally subject to any liability as stockholder of such corporation for any calls or installments on any part-paid stock thereof; but the person pledging such stock shall be considered as holding the same, and is liable as a stockholder accordingly; and the estate and funds in the hands of such personal representative, conservator, or trustee is liable in like manner and to the same extent as the testator, or intestate, ward, or person interested would have been if he had been living or competent to act, and held the same stock in his own name.

Source: SDC 1939, § 52.1310; SL 1993, ch 213, § 247; SL 1995, ch 167, § 188.
S.D. Codified Laws § 49-34A-22 — SD Code / Title 49 / Chapter 34A / Section 49-34A-22
Future rate reduction or credit as alternative to refund of excess charges pending determination on increases
Status: in_force

If, after a suspended schedule has been put into effect pursuant to § 49-34A-17 , the rates are finally determined to be excessive, the commission may, as an alternative to ordering an immediate refund, reduce future rates that would otherwise be charged to offset such excessive rates; or as an alternative order that a credit on future electric or gas bills be given to all consumers based on the proportionate electric or gas bills paid by all consumers in the month prior to such order being entered.

Source: SL 1975, ch 283, § 9; SL 1976, ch 296, § 20; SL 1991, ch 386, § 3.
S.D. Codified Laws § 49-41B-4.5 — SD Code / Title 49 / Chapter 41B / Section 49-41B-4.5
Foreclosure on nondivested agricultural land
Status: in_force

The attorney general shall commence action pursuant to chapter 21-47 where there is reason to believe that the utility has not complied with the provisions of § 49-41B-4.4 relating to the divestiture of agricultural lands within five years of their acquisition.

Source: SL 1980, ch 327, § 10.
S.D. Codified Laws § 49-33-18 — SD Code / Title 49 / Chapter 33 / Section 49-33-18
Books and records--Exhibition to stockholders--Right to examine by certain stockholders
Status: in_force

The books and records of account and minutes of a corporation organized under this chapter shall be exhibited to its stockholders at every stockholders' meeting, if a majority of those present require it. Any person or group of persons who are the holders of record of at least ten percent of all the outstanding shares of such corporation, upon written demand stating the purpose thereof, have the right to examine, in person, or by agent or attorney, at any reasonable time or times, for any proper corporate purpose, its books and records of account, minutes and record of shareholders and to make extracts therefrom.

Source: SDC 1939, § 52.1504; SL 1986, ch 396, § 7.
S.D. Codified Laws § 49-7-17 — SD Code / Title 49 / Chapter 7 / Section 49-7-17
Time allowed for pipeline construction--Forfeiture of rights by nonconstruction
Status: in_force

The filing with the commissioner of school and public lands of the map required by § 49-7-16 subject to the provisions of this chapter, authorizes the pipeline company, for one year from the filing date, to enter on the land surveyed and selected and construct a pipeline. If the pipeline company does not construct its pipeline across such land within one year after the filing of the map, it forfeits all rights acquired by the filing of the map.

Source: SL 1980, ch 321, § 7.
S.D. Codified Laws § 49-41B-5 — SD Code / Title 49 / Chapter 41B / Section 49-41B-5
Mailed notice to adjacent owners--County without plan or ordinances--Prior to permit application
Status: in_force

If the proposed site for an energy conversion facility or AC/DC conversion facility is located in a county that does not have a comprehensive plan or has not adopted zoning ordinances, the applicant must provide written notice of intent to apply for a permit for the construction of the facility, by certified mail, to each adjacent property owner, at least three months before filing the application as required in § 49-41B-11 .

Source: SL 1977, ch 390, § 5; SL 2006, ch 242, § 2; SL 2026, ch 187, § 1.
S.D. Codified Laws § 49-37-11 — SD Code / Title 49 / Chapter 37 / Section 49-37-11
Competitive bidding requirements suspended during war
Status: in_force

When, by reason of disturbed or disrupted economic conditions due to the prosecution of war or due to the operation of laws, rules, or regulations of governmental authorities, whether enacted, passed, promulgated, or issued under or due to the emergency or necessities of war or national defense, the contracting or purchasing by a consumers power district, for any one or more of the purposes mentioned in § 49-37-9 is so restricted, prohibited, limited, allocated, regulated, rationed, or otherwise controlled, that the letting of contracts therefor, pursuant to the requirements of said section, is legally or physically impossible or impractical, the provisions of said section shall not apply to such contract or purchases.

Source: SL 1950 (SS), ch 17, § 54; SDC Supp 1960, § 52.1754.
S.D. Codified Laws § 49-43-51 — SD Code / Title 49 / Chapter 43 / Section 49-43-51
Falsely weighing agricultural product as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for any person to falsely weigh any grain or any other agricultural product.

Source: SL 2008, ch 249, § 39.
S.D. Codified Laws § 49-31-73 — SD Code / Title 49 / Chapter 31 / Section 49-31-73
Rural service areas--Services--Waiver
Status: in_force

Except as provided in 47 U.S.C. § 253(f) as of January 1, 1998, if the applicant proposes to provide any local exchange service in the service area of a rural telephone company, the applicant is required to satisfy the service obligations of an eligible telecommunications carrier as set forth in 47 U.S.C. § 214(e)(1) as of January 1, 1998, within a geographic area as determined by the commission. In addition, the services required to be provided as set forth in 47 U.S.C. § 214(e)(1) as of January 1, 1998, shall be provided at prices and on terms which reflect a good faith offering of the services throughout the service area of the incumbent rural telephone company. This includes the obligation to advertise the availability of local exchange services and prices to potential customers throughout the service area using media of general distribution. However, an applicant may petition the commission for a waiver from the requirement of satisfying the service obligations of an eligible telecommunications carrier. The commission may grant the waiver if, after notice and hearing pursuant chapter 1-26 , it is established by a preponderance of the evidence that the waiver would not adversely impact universal service, that quality of service would be continued, and that it would otherwise be in the public interest.

Source: SL 1998, ch 274, § 10.
S.D. Codified Laws § 49-31-1.6 — SD Code / Title 49 / Chapter 31 / Section 49-31-1.6
Established business relationship defined
Status: in_force

For purposes of § 49-31-1.5 , an established business relationship means a prior or existing relationship:

(1) Formed by the person's purchase or transaction with the telephone solicitor, or any business or financial institution on whose behalf the call is made, within the eighteen months immediately preceding the date of the telephone call; or

(2) Formed on the basis of the person's inquiry or application regarding products or services offered by the telephone solicitor, or any business or financial institution on whose behalf the call is made, within the three months immediately preceding the date of the call.

Source: SL 2007, ch 266, § 2.
S.D. Codified Laws § 49-16A-33 — SD Code / Title 49 / Chapter 16A / Section 49-16A-33
Loss or injury of freight in possession of connecting carrier--Proof to shipper on demand
Status: in_force

If freight, addressed to a place beyond the usual route of the railroad which first received it, is lost or injured the railroad must, within a reasonable time after demand, give satisfactory proof to the shipper that the loss or injury did not occur while the freight was in its possession.

Source: SDC 1939, § 8.1006; SDCL, § 49-5-27; SL 1980, ch 322, § 33.
S.D. Codified Laws § 49-31-85 — SD Code / Title 49 / Chapter 31 / Section 49-31-85
Commission to establish quality of service standards
Status: in_force

Any regulation of telecommunications service by the commission pursuant to chapters 49-13 and 49-31 shall be fair, reasonable, nondiscriminatory and applicable to all telecommunications carriers providing service in the state. The commission shall establish, by rules promulgated pursuant to chapter 1-26 , quality of service standards.

Source: SL 1998, ch 274, § 29.
S.D. Codified Laws § 49-34A-111 — SD Code / Title 49 / Chapter 34A / Section 49-34A-111
Liability of farm tap service provider
Status: in_force

The farm tap service provider is not liable for damages related to or arising out of a farm tap or a farm tap distribution system, unless the damages are solely caused by the negligence of the farm tap service provider.

Source: SL 2017, ch 197, § 4.
S.D. Codified Laws § 49-37-5 — SD Code / Title 49 / Chapter 37 / Section 49-37-5
Duty to sell at wholesale to municipalities or other political subdivisions
Status: in_force

A consumers power district which is engaged in the generation and transmission of electrical energy shall sell electrical energy at wholesale directly to any municipality or political subdivision or rural electrical associations and electrical distribution cooperatives or any person, firm, association, or corporation which in turn generates, transmits, or distributes electricity on a nonprofit basis in the state which is engaged in the distribution and sale of electrical energy when any such person or organization makes application for the purchase of electrical energy, if the district has the requested amount of electrical energy available for sale, and the applicant agrees to make or pay for the necessary physical connection with the electrical facilities of the district.

Source: SL 1950 (SS), ch 17, § 41; SDC Supp 1960, § 52.1741; SL 1989, ch 403, § 20.
S.D. Codified Laws § 49-16A-100.7 — SD Code / Title 49 / Chapter 16A / Section 49-16A-100.7
Notice of objection by railroad--Petition for dispute resolution--Appeal
Status: in_force

If a railroad objects to the proposed crossing due to the proposal being a serious threat to the safe operations of the railroad or to the current use of the railroad right-of-way, the railroad shall provide notice of the objection and the specific basis of the objection to the utility by certified mail, return receipt requested. If the parties are unable to resolve the objection, either party may petition the Public Utilities Commission for resolution of the disputed crossing application within thirty days from receipt of the objection. Before filing a petition, the parties shall confer in good faith in an attempt to resolve the objection. If a petition is filed, the Public Utilities Commission, after notice and opportunity for hearing, must issue an order within sixty days of filing of the petition, during which time the crossing shall be stayed. The order may be appealed pursuant to chapter 1-26 . The Public Utilities Commission shall assess its costs associated with a petition equitably against the parties.

Source: SL 2014, ch 217, § 5; SL 2016, ch 223, § 6.
S.D. Codified Laws § 49-13-3 — SD Code / Title 49 / Chapter 13 / Section 49-13-3
Compliance by telecommunications company or carrier as exoneration only for particular violation complained of
Status: in_force

If a telecommunications company or motor carrier complained of pursuant to § 49-13-1 shall, within the time specified, make reparation for the injury alleged to have been done or shall correct the wrong complained of, such telecommunications company or motor carrier shall be relieved of liability to the complainant only for the particular violation of law thus complained of.

Source: SDC 1939, § 52.0301; SL 1987, ch 345, § 19.
S.D. Codified Laws § 49-16A-69 — SD Code / Title 49 / Chapter 16A / Section 49-16A-69
Drainage necessitated by defect in railroad construction--Assessment of entire expense against railroad--Assessment against complainant or apportionment in other costs
Status: in_force

If it appears that the necessity for the drainage of land adjacent to the right - of - way of a railroad is caused by the failure of the railroad to have a sufficient opening in its embankment or any other defect in construction, then the expense of the drainage shall be assessed wholly against the railroad; otherwise it shall be assessed against the complainant, except where the necessity for the drainage is partly attributed to the railroad. In that event the expense shall be apportioned between the railroad and the complainant in an equitable manner.

Source: SDC 1939, § 52.0830; SDCL, § 49-20-18; SL 1980, ch 322, § 68.
S.D. Codified Laws § 49-16A-117 — SD Code / Title 49 / Chapter 16A / Section 49-16A-117
Filing of certain records related to property conveyances by a railroad to a railroad
Status: in_force

Any conveyance or lease, deed of trust, mortgage, or satisfaction thereof made by any railroad in connection with the sale, lease or purchase of the whole or any part of its road within this state to or from another railroad may be executed and acknowledged in the same manner as conveyances of real property by corporations and may be recorded in the Office of the Secretary of State, who shall specify the day and hour of reception and the volume and page where recorded, which is evidence of such facts.

Source: SL 1986, ch 393, § 1.
S.D. Codified Laws § 49-7A-9 — SD Code / Title 49 / Chapter 7A / Section 49-7A-9
Failure to provide timely location markings--Inadequate markings--Liability
Status: in_force

If location markings requested by an excavator are not provided within the time specified by § 49-7A-8 or any rule promulgated pursuant to § 49-7A-8 , or if the location markings provided fail to identify the location of the underground facilities in accordance with statute and rule, any excavator damaging or injuring underground facilities is not liable for such damage or injury except on proof of negligence.

Source: SL 1993, ch 346, § 10; SL 2002, ch 211, § 7.
S.D. Codified Laws § 49-31-122 — SD Code / Title 49 / Chapter 31 / Section 49-31-122
Selling confidential communications records without authorization from customer as felony
Status: in_force

No person may knowingly and intentionally sell, or attempt to sell, confidential communications records information from a communications provider without authorization from the customer to whom such confidential communications records information relates. A violation of this section is a Class 6 felony.

Source: SL 2006, ch 238, § 3.
S.D. Codified Laws § 49-16B-43 — SD Code / Title 49 / Chapter 16B / Section 49-16B-43
Conveyance of property to state by authority
Status: in_force

To accomplish projects of the kind listed in § 49-16B-10 , the authority shall convey property, without charge, to the Department of Transportation if and when all debts which have been secured by the income from the property have been paid. In addition, the railroad authority may, prior to the payment of all debts secured by such property, convey property to the state or its subdivisions for public purposes or improvements, if the sale of secured property is made only after a finding by the railroad authority that the sale does not materially or adversely affect the interests of secured creditors and if the proceeds from any sale shall be used to reduce or provide for the payment of any outstanding debt.

Source: SL 1980, ch 323, § 38; SL 1981, ch 329, § 4; SL 1996, ch 20, § 28.
S.D. Codified Laws § 49-7A-6.1 — SD Code / Title 49 / Chapter 7A / Section 49-7A-6.1
Operator not to be billed when location of excavation on notice differs from location of operator's facility
Status: in_force

No operator may be billed for the costs of any notification of excavation if the location of the excavation described in the notice is different than the one call center's record of the description of the location of the operator's underground facilities.

Source: SL 2001, ch 251, § 1; SL 2002, ch 211, § 5.
S.D. Codified Laws § 49-32-19 — SD Code / Title 49 / Chapter 32 / Section 49-32-19
Incumbent electric transmission owner defined
Status: in_force

For the purposes of § 49-32-20 , the term, incumbent electric transmission owner, means an electric utility or public utility furnishing electric service in this state or wholesale rural electric cooperative whose owners furnish electric service in this state or a municipal power agency or a consumers power district organized pursuant to chapter 49-35 .

Source: SL 2011, ch 208, § 2.
S.D. Codified Laws § 49-16B-26 — SD Code / Title 49 / Chapter 16B / Section 49-16B-26
Bonds--Repayment from lease income and revenues from facilities financed
Status: in_force

Such bonds shall be payable solely and only from:

(1) Income to be derived from rental leases as provided in §§ 49-16B-15 to 49-16B-21 , inclusive; and

(2) Revenues to be derived by the authority from the operation of such facilities acquired, constructed, improved, or equipped in whole or in part with the proceeds of such bonds.

Source: SL 1980, ch 323, § 25.
S.D. Codified Laws § 49-34B-10 — SD Code / Title 49 / Chapter 34B / Section 49-34B-10
Calculating inspection fee for intrastate operators
Status: in_force

For each inspection fee assessed to intrastate gas pipeline operators, the commission shall calculate its total actual expenses and obligations incurred in implementing and administering this chapter. All expenses directly attributable to specific intrastate pipeline facilities shall be directly charged to the appropriate pipeline operators on an annual basis. For all expenses not directly attributable to intrastate gas distribution facilities, the commission shall assess each pipeline operator for a pro rata share of the expenses and obligations based on the number of meters in service on the preceding December thirty-first. For all expenses not directly attributable to intrastate gas transmission and gathering facilities, the commission shall assess each pipeline operator for a pro rata share of the expenses and obligations based on the percentage of total miles to be inspected that are or will be operated by each pipeline operator. For all expenses not directly attributable to intrastate liquefied petroleum gas facilities, the commission shall assess each pipeline operator for a pro rata share of expenses and obligations based on the percentage of total miles to be inspected that are or will be operated by each pipeline operator, until the commission adopts a rule providing for metered billing of facilities carrying liquefied petroleum gas.

Source: SL 1994, ch 357, § 9; SL 2007, ch 273, § 6.
S.D. Codified Laws § 49-43-3 — SD Code / Title 49 / Chapter 43 / Section 49-43-3
Grain stored under receipt not liable to seizure--Insolvency of bailee
Status: in_force

In no case is the grain stored under a receipt as required by § 49-43-2.1 , open storage grain, or grain bank liable to seizure upon process of any court in any action against the bailee, except an action by the owner of open storage grain, owner of grain bank, or owner or holder of a warehouse receipt to enforce the terms of the same. In the event of the failure or insolvency of the bailee, grain on hand in the public grain warehouse shall first be applied to the redemption and satisfaction of outstanding receipts issued by the warehouse and to owners of open storage grain and grain bank.

Source: SDC 1939, § 60.0315; SL 1985, ch 376, § 25; SL 2008, ch 249, § 5.
S.D. Codified Laws § 49-34A-19 — SD Code / Title 49 / Chapter 34A / Section 49-34A-19
Costs and revenue considered in determining rates--Acquisition cost of property as alternative--Projected income and expenses
Status: in_force

In determining the rate base upon which the utility is to be allowed to earn a fair rate of return, the Public Utilities Commission shall use the depreciated original cost of the property. However, the commission may alternatively use the full acquisition cost of any property acquired by the utility after the property was first devoted to public use. Full acquisition cost of such property shall be used if:

(1) The utility makes application prior to acquisition;

(2) The commission holds a hearing;

(3) The commission finds that the cost of acquisition is prudently incurred; and

(4) The commission finds that the acquisition will provide benefits to the utility's customers.

In determining the revenue requirement the commission shall consider revenue, expenses, cost of capital and any other factors or evidence material and relevant thereto. The commission may take into consideration the reasonable income and expenses that will be forthcoming in a period of twenty - four months in advance of the test year.

Source: SL 1975, ch 283, § 12; SL 1976, ch 296, § 18; SL 1982, ch 330; SL 1990, ch 375.
S.D. Codified Laws § 49-50-3 — SD Code / Title 49 / Chapter 50 / Section 49-50-3
Construction, development, and operation--Local authority to regulate--State preemption prohibited
Status: in_force

The state may not preempt or otherwise limit the authority of the governing body of a county, municipality, or other political subdivision to adopt ordinances and resolutions limiting, prohibiting, or otherwise regulating the construction, development, or operation of data centers.

Source: SL 2026, ch 190, § 4.
S.D. Codified Laws § 49-31-12.3 — SD Code / Title 49 / Chapter 31 / Section 49-31-12.3
Failure to file tariffs and agreements--Mandamus
Status: in_force

If any telecommunications company subject to the provisions of this chapter neglects or refuses to file or publish its tariffs of rates or prices, and contracts and agreements relating thereto, the telecommunications company, pursuant to chapter 21-34 , is subject to a writ of mandamus to be issued by any circuit court of the state in the judicial circuit where the principal office of the telecommunications company is situated or where the offense may be committed.

Source: SDC 1939, § 52.0212; SDCL, § 49-10-18; SL 1987, ch 345, § 58; SL 1988, ch 375, § 19; SL 1992, ch 328, § 19.
S.D. Codified Laws § 49-33-20 — SD Code / Title 49 / Chapter 33 / Section 49-33-20
Failure to pay for subscription--Collection by directors--Forfeiture of amounts previously paid
Status: in_force

The directors may require any amounts unpaid upon the capital stock to be paid in such manner, at such times and in such installments as they may deem proper. If any stockholder shall neglect to pay any installment of such capital stock as required by a resolution of the board of directors and such board shall have caused a notice to be served upon such stockholder personally, or by depositing the same in the post office directed to such stockholder at his usual and nearest post - office address at least thirty days before the day on which such payment is required to be made, stating that he is required to make such payment at the time and place specified in such notice and that, if he fails to do so, such stock and all payments previously made thereon will be forfeited to the use of the corporation, such board of directors may, by resolution, declare such stock and all payments forfeited for the use of the corporation and the same shall thereupon be forfeited and the title thereto shall revest in the corporation, or such board may, at its option, enforce payment of the installments due on such shares of the capital stock in the manner provided by law.

Source: SDC 1939, § 52.1506.
S.D. Codified Laws § 49-38-1 — SD Code / Title 49 / Chapter 38 / Section 49-38-1
Minutes of meetings--Books of account--Place of keeping--Public inspection
Status: in_force

The board of directors of a consumers power district shall keep accurate minutes of their meetings and accurate records and books of account, conforming to approved methods of bookkeeping, clearly setting out and reflecting the entire operation, management and business of the district. The books and records shall be kept at the principal place of business of the district or at other regularly maintained place or places of business of the district as designated by the board of directors, with due regard to the convenience of the district and its customers in the several localities or divisions served or from which the information is thus gathered or obtained. The books and records of the district shall at reasonable business hours be open to public inspection.

This section does not apply to information provided to the district by any other entity, or to information as to pricing of power between the district and any other entity. Such information is available to the auditor general.

Source: SL 1950 (SS), ch 17, § 32; SDC Supp 1960, § 52.1732; SL 1998, ch 276, § 27.
S.D. Codified Laws § 49-37-15 — SD Code / Title 49 / Chapter 37 / Section 49-37-15
Taxes on districts qualifying as rural electric companies
Status: in_force

Notwithstanding §§ 49-37-13 and 49-37-14 , if a consumers power district comes within the classification of rural electric companies as defined in chapter 10-36 , then the provisions of that chapter shall apply to said district.

Source: SL 1950 (SS), ch 17, § 66; SDC Supp 1960, § 52.1765.
S.D. Codified Laws § 49-7A-7 — SD Code / Title 49 / Chapter 7A / Section 49-7A-7
Duties of one-call notification center
Status: in_force

The one - call notification center shall:

(1) File with the register of deeds of each county the toll - free telephone number for notification of planned excavation activities in its area;

(2) Maintain adequate records documenting compliance with the requirements of this chapter, including records of all telephone calls and records of all location requests for the preceding forty - eight months which can be obtained by request of either a member or excavator;

(3) Provide the service at minimum, during normal working hours, on business days;

(4) For calls received after normal working hours for the one - call notification center, or on nonbusiness days, provide information for callers which explains emergency notification and excavation procedures; and

(5) Provide a timely method for notifying participating members of the information received regarding proposed excavation activities. The method of notification is to be determined by the one - call notification center and its members.

Source: SL 1993, ch 346, § 8.
S.D. Codified Laws § 49-31-33 — SD Code / Title 49 / Chapter 31 / Section 49-31-33
Place of commission of offense committed by telephone or other electronic communication device
Status: in_force

Any offense committed by use of a telephone or other electronic communication device as set forth in § 49-31-31 is considered to have been committed at either the place where the telecommunications message or electronic communication originated or at the place where the telecommunications message or electronic communication was received.

Source: SL 1967, ch 30, § 3; SL 1987, ch 345, § 71; SL 2011, ch 206, § 2.
S.D. Codified Laws § 49-17A-2 — SD Code / Title 49 / Chapter 17A / Section 49-17A-2
Creation of authority by agreement of subdivisions
Status: in_force

Two or more subdivisions may form a regional railroad authority by execution of an agreement authorized by resolution of the governing body of each subdivision.

Source: SL 1978, ch 344, § 2.
S.D. Codified Laws § 49-16B-35 — SD Code / Title 49 / Chapter 16B / Section 49-16B-35
Interim notes--Execution--Attestation--Seal
Status: in_force

The notes may be executed in the name of the authority by the chairman of the authority or by any other officer or officers of the authority as the authority by resolution may direct, shall be attested by the secretary or such other officer or officers of the authority as the authority may by resolution direct, and be sealed with the authority's corporate seal.

Source: SL 1980, ch 323, § 32.
S.D. Codified Laws § 49-34A-80 — SD Code / Title 49 / Chapter 34A / Section 49-34A-80
Certain commercial small power production facilities subject to49-34A-80to49-34A-92
Status: in_force

Any commercial small power production facility, utilizing renewable resources, such as sun, wind, geothermal, or biomass, that begins generating electricity after June 30, 2001, produces ten megawatts or less of electricity as measured by nameplate rating, and is located within one county and owned by a natural person, corporation, nonprofit or for profit business organization, or tribal council (if the facility is located outside the boundaries of the reservation), irrigation district, drainage district, or other political subdivision or agency of the state authorized by statute to carry on the business of developing, transmitting, utilizing, or distributing electric power is subject to the provisions of §§ 49-34A-80 to 49-34A-92 , inclusive, for any new or expanded facility.

Source: SL 2001, ch 257, § 1.
S.D. Codified Laws § 49-34A-67 — SD Code / Title 49 / Chapter 34A / Section 49-34A-67
Each violation or day's continuation as separate offense
Status: in_force

Every violation of the provisions of this chapter or of any lawful order of the Public Utilities Commission, or any part or portion thereof by any person, is a separate and distinct offense, and in case of a continuing violation after a first conviction thereof each day's continuation thereof shall be deemed to be a separate and distinct offense.

Source: SL 1975, ch 283, § 52.
S.D. Codified Laws § 49-50-4 — SD Code / Title 49 / Chapter 50 / Section 49-50-4
Water--Projected consumption--Notice to providers--Compatibility determination--Board statement--Consumption limits
Status: in_force

Prior to commencing operation in this state, the operator of a data center shall provide notice of projected water consumption to each local water provider in the area in which the data center is proposed to be located. Each water provider receiving notice pursuant to this section shall determine whether the data center's projected water consumption is compatible with the local water supply and issue that determination in writing to the operator. The operator shall present a copy of each notice and determination to the Board of Water Management.

If the board receives a determination from each applicable water provider that the data center's projected water consumption is compatible with the local water supply, the board must issue, to the operator and the general public, a written statement that the operator has satisfied the requirements of this section.

Notwithstanding the board's issuance of a written statement pursuant to this section, the data center may not consume an amount of the local water supply exceeding limits established by order of the board, after allocation to residential and essential public services. In establishing allocation limits under this section, the board shall seek to ensure water availability and prevent disproportionate use of water by data centers.

Source: SL 2026, ch 190, § 5.
S.D. Codified Laws § 49-16A-100.4 — SD Code / Title 49 / Chapter 16A / Section 49-16A-100.4
Commencement of construction across railroad right-of-way--Exception
Status: in_force

Thirty days after the receipt by the railroad of the completed crossing application, the fee, and certificate of insurance, the utility may commence the construction of the crossing, unless the railroad notifies the utility in writing that the proposed crossing is a serious threat to the safe operations of the railroad or to the current use of the railroad right-of-way. In all other instances the utility shall be deemed to have authorization to commence construction of the facility.

Source: SL 2014, ch 217, § 2; SL 2016, ch 223, § 3.