S.D. Codified Laws § 49-33-24 — SD Code / Title 49 / Chapter 33 / Section 49-33-24
Series of preferred stock--Characteristics of stock--Dividends--Voting powers
Status: in_force

Upon the adoption or amendment of the articles of incorporation to include the provisions authorized by § 49-33-23 , the board of directors may cause such preferred stock to be issued in one or more series, in such amounts and with such terms and characteristics, (within such prescribed limits, if any), as may be set forth in a resolution or resolutions of the board of directors adopted prior to the issuance of shares of the respective series. Such terms and characteristics may include, within such limits, variations and provisions as to distinctive serial designations (including a change or variation in the existing designation of the authorized but unissued shares of any class of preferred stock), as to the rate or rates of dividends payable thereon, as to the times of payment of and the dates from which such dividends shall be cumulative, as to the prices and terms upon which the same may be redeemed, as to the amount or amounts which shall be paid to the holders thereof in case of voluntary or involuntary dissolution or distribution of assets, as to voting powers, if any, and as to the other characteristics of and any restrictive or other provision relating to such series.

Source: SDC 1939, § 52.1518 as enacted by SL 1949, ch 211.
S.D. Codified Laws § 49-16B-41 — SD Code / Title 49 / Chapter 16B / Section 49-16B-41
Income of authority--Payment to state treasurer or trustee--Railroad authority fund--Disbursements
Status: in_force

The gross total income derived by the authority from:

(1) The sale of bonds;

(2) Charges, fees, or rentals; and

(3) All other revenue derived from any project undertaken pursuant to this chapter;

Source: SL 1980, ch 323, § 36; SL 1981 (2d SS), ch 4, § 9.
S.D. Codified Laws § 49-45-29 — SD Code / Title 49 / Chapter 45 / Section 49-45-29
Grain broker--Prohibited activities--Penalty--Civil fine
Status: in_force

It is a Class 5 felony for a grain broker to:

(1) Negotiate or attempt to negotiate a grain transaction with a grain buyer, who is not licensed in accordance with this chapter; or

(2) Take title or attempt to take title to grain that is subject to a transaction being negotiated by the grain broker.

The commission may assess a civil fine against a grain broker in the amount of five thousand dollars for each violation of this section, up to a maximum fine of fifty-thousand dollars, annually.

Source: SL 2022, ch 175, § 3.
S.D. Codified Laws § 49-34B-16 — SD Code / Title 49 / Chapter 34B / Section 49-34B-16
Inspection fee for interstate operators--Objections to fee--Fees deposited in pipeline safety account
Status: in_force

From each pipeline operator subject to the interstate pipeline inspection authority granted under this chapter, the commission shall assess and collect an inspection fee in an amount calculated under § 49-34B-17 . 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 shall be appealable pursuant to chapter 1-26 . If an operator does not pay, or object to, the fee within thirty days after the assessment is 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 deposited in the pipeline safety account established in § 49-34B-9 . Any interest earned on money in the fund shall be deposited in the fund. The money is continuously appropriated to the use of the commission to implement and administer the provisions of this chapter.

Source: SL 1994, ch 357, § 15; SL 2007, ch 273, § 10.
S.D. Codified Laws § 49-39-6 — SD Code / Title 49 / Chapter 39 / Section 49-39-6
Sale of bonds
Status: in_force

All bonds of any consumers power district, whether issued to incur new indebtedness, or to refund or refinance existing indebtedness, shall be sold or negotiated for the benefit of the district by the directors in such manner as to them shall appear to be for the advantage, benefit and best interest of the district.

Source: SL 1950 (SS), ch 17, § 50; SDC Supp 1960, § 52.1750; SL 1989, ch 403, § 27.
S.D. Codified Laws § 49-13-16 — SD Code / Title 49 / Chapter 13 / Section 49-13-16
Presumption of validity of order--Burden to prove invalidity
Status: in_force

If any action or proceeding or order of the commission comes into question, the validity of the order is presumed. It is not necessary to allege or prove any fact upon which the validity of the order depends, but the burden is upon the party claiming the order to be invalid to plead and prove the facts establishing the invalidity.

Source: SDC 1939, § 52.0310; SL 1987, ch 345, § 29.
S.D. Codified Laws § 49-45-9.1 — SD Code / Title 49 / Chapter 45 / Section 49-45-9.1
Filing of financial documents in lieu of bond
Status: in_force

If the commission determines, because a corporate surety company becomes insolvent or ceases to write grain buyer bonds in this state, that a bond in the sum required by § 49-45-9 cannot be executed, or if a grain buyer is in the process of chapter 11 reorganization and a bond cannot be obtained, the commission may authorize the filing of other financial documents in lieu of a corporate surety bond.

Source: SL 2008, ch 251, § 8; SL 2009, ch 249, § 1, eff. Mar. 11, 2009.
S.D. Codified Laws § 49-31-100 — SD Code / Title 49 / Chapter 31 / Section 49-31-100
Operation of and subscription to register--Fees
Status: in_force

The commission shall establish or provide for the operation of a register. The register may be operated by the commission or by another entity under contract with the commission. A residential telephone subscriber may enroll on the register in accordance with procedures prescribed by the commission. A subscriber shall pay to the commission a fee, set pursuant to § 49-31-99 , of not more than five dollars to be listed on the register. Fees collected under this section shall be credited to the telephone solicitation account established in § 49-31-104 .

Source: SL 2003, ch 238, § 7.
S.D. Codified Laws § 49-31-86.2 — SD Code / Title 49 / Chapter 31 / Section 49-31-86.2
Exemption of §49-31-86to take effect December 31, 2000 for certain carriers
Status: in_force

The exemption for promotions provided by § 49-31-86 is not effective until December 31, 2000, in the local exchange area of any facilities - based competitive local exchange carrier certified by the commission that provides broadband network services throughout its local exchange area. However, the exemption for promotions provided by § 49-31-86 is not effective until July 1, 2001, in the local exchange area of any facilities - based local exchange carrier certified by the commission after July 31, 1998, that provides broadband network services throughout its local exchange area.

Source: SL 1999, ch 226, § 3; SL 2000, ch 223, § 1.
S.D. Codified Laws § 49-34-17 — SD Code / Title 49 / Chapter 34 / Section 49-34-17
Joint ownership of property used in connection with natural gas or electricity--Agreements for restrictions on alienation
Status: in_force

Any two or more persons who own or intend to own, jointly, by partnership interest, or as tenants in common any property used or to be used in whole or in part for the generation, transmission or distribution of electricity, or for the production, gathering, storage, processing, transmission or distribution of manufactured or natural gas, in each case for the ultimate public consumption, may enter into agreements waiving their respective rights to the partition of such property or otherwise restricting the alienation thereof for a period of time ending not later than the abandonment of the use of such property, and without limiting the generality of the foregoing, such agreements shall not be invalid or unenforceable as violating any rule of law against perpetuities or suspension of the power of alienation of the title to the property.

This section shall apply to agreements entered into prior to, as well as subsequent to, the effective date of this section.

Source: SL 1972, ch 251, §§ 1, 2.
S.D. Codified Laws § 49-37-1 — SD Code / Title 49 / Chapter 37 / Section 49-37-1
Usual corporate powers--Power to hold property in conduct of business--Authority to promote district
Status: in_force

Subject to the limitations of the petition for its creation and all amendments thereto, a consumers power district shall have all the usual powers of a corporation for public purposes and may purchase, hold, sell, and lease, as lessor or lessee, personal property and real estate, reasonably necessary for the conduct of its business, and may receive and hold property by gift, grant, will, exchange, or otherwise. A consumers power district may expend its money and use its assets and property to promote the district in any manner as the board of directors may determine.

Source: SL 1950 (SS), ch 17, § 39; SDC Supp 1960, § 52.1739; SL 1989, ch 403, § 19.
S.D. Codified Laws § 49-1A-8 — SD Code / Title 49 / Chapter 1A / Section 49-1A-8
South Dakota Public Utilities Commission Regulatory Assessment Fee fund created--Deposits--Amount
Status: in_force

There is created a special fund within the state treasury to be known as the South Dakota Public Utilities Commission Regulatory Assessment Fee fund. The Public Utilities Commission may require a public utility as defined in § 49-34A-1 to make a deposit of up to five hundred thousand dollars when it files for approval of a general rate case, regardless of the number of issues involved. The commission may require a deposit of up to fifty thousand dollars for the filing of a tariff for approval under the provisions of §§ 49-34A-4 and 49-34A-25.1 to 49-34A-25.4 , inclusive, or makes a filing pursuant to §§ 49-34A-97 to 49-34A-1 00, inclusive. The deposits shall be made to the South Dakota Public Utilities Commission Regulatory Assessment Fee fund, the amount to be designated by commission order. The interest earned on monies in the fund are to be credited to the fund.

Source: SL 1976, ch 296, § 12; SL 1982, ch 325; SL 1986, ch 392; SL 1991, ch 381, § 7; SL 1994, ch 352, § 5; SL 2006, ch 239, § 5; SL 2007, ch 272, § 5; SL 2011, ch 204, § 1; SL 2023, ch 155, § 1.
S.D. Codified Laws § 49-31-4.1 — SD Code / Title 49 / Chapter 31 / Section 49-31-4.1
Hearings on price regulation--Petition--Adoption of price regulation for noncompetitive service
Status: in_force

The commission shall, on its own motion or upon petition, hold public hearings investigating methods of price regulation consistent with § 49-31-1.4 and chapter 1-26 . Within thirty days of its receipt of a petition filed pursuant to this section, the commission shall issue a procedural schedule setting forth dates by which written direct testimony or data shall be filed and ordering the date for commencement of a hearing.

If the investigation indicates that pricing regulation is appropriate for any noncompetitive service because such regulation has a positive impact on universal service and is more reasonable and fair than rate of return regulation, the commission may adopt pricing regulation for any such noncompetitive service.

Source: SL 1988, ch 375, § 12; SL 1992, ch 328, § 8.
S.D. Codified Laws § 49-31-115 — SD Code / Title 49 / Chapter 31 / Section 49-31-115
Promulgation of rules
Status: in_force

The commission may promulgate rules pursuant to chapter 1-26 for the purpose of implementing the provisions of §§ 49-31-109 to 49-31-115 , inclusive. The rules may address:

(1) Defining the terms used in §§ 49-31-109 to 49-31-115 , inclusive;

(2) Signaling information requirements;

(3) Carrier information necessary to appropriately classify telecommunications traffic;

(4) The handling of complaints filed by carriers under §§ 49-31-109 to 49-31-115 , inclusive; and

(5) Transit traffic records.

Source: SL 2004, ch 284, § 7.
S.D. Codified Laws § 49-16A-114 — SD Code / Title 49 / Chapter 16A / Section 49-16A-114
Termination of right of occupancy unless right to continue acquired
Status: in_force

Unless the person occupying the right - of - way has acquired the right to continue such occupancy by lease, license, purchase, or condemnation within three years of date of abandonment, the right to such occupancy shall cease.

Source: SL 1980, ch 326, § 3; SL 1981, ch 330, § 2.
S.D. Codified Laws § 49-31-74 — SD Code / Title 49 / Chapter 31 / Section 49-31-74
Certificate of authority--Retroactive application--Alterations or additions
Status: in_force

Any certificate of authority for local exchange service granted by the commission to a telecommunications company prior to July 1, 1998, shall remain in full force and effect unless modified by the commission, and such company need not apply for certification in order to continue offering or providing service to the extent authorized in such certificate of authority. Prior to substantially altering the nature or scope of services provided under a certificate of authority, or adding or expanding services beyond the authority contained in such certificate, any such carrier shall apply for a certificate of authority for such alterations or additions.

Source: SL 1998, ch 274, § 11.
S.D. Codified Laws § 49-34B-6 — SD Code / Title 49 / Chapter 34B / Section 49-34B-6
Plan for inspection and maintenance of facility--Inadequate plan--Hearing--Revision
Status: in_force

The commission may require any person who engages in the intrastate transportation of gas or who owns or operates intrastate gas pipeline facilities subject to the provisions of this chapter to file with the commission a plan for inspection and maintenance of each such facility owned or operated by the person, and any changes in the plan, in accordance with the rules promulgated by the commission pursuant to chapter 1-26 . On finding that the plan is inadequate to achieve safe operation, the commission shall, after notice and opportunity for a hearing, require the plan to be revised. In determining the adequacy of the plan, the commission shall consider:

(1) Relevant available pipeline safety data;

(2) Whether the plan is appropriate for the particular type of pipeline transportation of gas;

(3) The reasonableness of the plan; and

(4) The extent to which the plan will contribute to public safety.

Source: SL 1994, ch 357, § 5.
S.D. Codified Laws § 49-31-56.1 — SD Code / Title 49 / Chapter 31 / Section 49-31-56.1
Promulgation of rules regarding telecommunications and communication services program
Status: in_force

The Department of Human Services may promulgate rules, pursuant to chapter 1-26 , for the administration of the telecommunications and communication services program. The rules may include:

(1) Eligibility determination, criteria, and application procedures;

(2) The amount and scope of services; and

(3) Methods of administration.

Source: SL 2014, ch 221, § 7.
S.D. Codified Laws § 49-50-1 — SD Code / Title 49 / Chapter 50 / Section 49-50-1
Definition of data center
Status: in_force

For purposes of this chapter, "data center" means a centralized repository for the dissemination, management, processing, and storage of electronic data and information, with a peak demand of ten megawatts or greater.

Source: SL 2026, ch 190, § 2.
S.D. Codified Laws § 49-1-12 — SD Code / Title 49 / Chapter 1 / Section 49-1-12
Records of official actions--Proceedings open to public
Status: in_force

Every vote and official action of the Public Utilities Commission shall be entered of record. The proceedings of the Public Utilities Commission are open to the public as prescribed in chapter 1-25 when the Public Utilities Commission is exercising its regulatory or adjudicatory authority pursuant to Title 49.

Source: SDC 1939, § 52.0109; SL 1991, ch 380, § 4; SL 2013, ch 235, § 1.
S.D. Codified Laws § 49-34C-2 — SD Code / Title 49 / Chapter 34C / Section 49-34C-2
Operation of biogas lines--Written notice--Contents of notice
Status: in_force

Any person who operates an intrastate biogas gathering line shall prior to operation provide written notice of the location and existence of the biogas gathering line to:

(1) Any county and township where the biogas gathering line is located;

(2) The county emergency management office or county equivalent in those counties;

(3) Any fire department or ambulance service located within ten miles of the biogas gathering line;

(4) South Dakota One-Call;

(5) The Commission;

(6) All landowners of record who own land within six hundred and sixty feet of the biogas gathering line.

All notices must warn of the hazards and dangers associated with the biogas gathering line and its contents.

Source: SL 2022, ch 172, § 2.
S.D. Codified Laws § 49-30-23 — SD Code / Title 49 / Chapter 30 / Section 49-30-23
Transfer of stock--Stock deemed personal property
Status: in_force

The stock of every corporation organized under this chapter is deemed personal estate, and is transferable in the manner prescribed in its bylaws, 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 have been fully paid in.

Source: SDC 1939, § 52.1308; SL 2021, ch 200, § 1.
S.D. Codified Laws § 49-41B-16 — SD Code / Title 49 / Chapter 41B / Section 49-41B-16
Public input meeting--Location--Publication of notice
Status: in_force

The commission shall hold any public input meeting as close as practical to the proposed facility. The commission shall publish a notice of the time, place, and purpose of any public input meeting three times in at least one newspaper of general circulation in any county totally or partially within the area of the proposed facility. Each notification required in this section shall state the date, time, and place of the public input meeting. The first notice shall be published no later than thirty days prior to the date of the public input meeting. The second notice shall be published no later than twenty days prior to the date of the public input meeting. The third notice shall be published no later than two days prior to the date of the public input meeting.

Source: SL 1977, ch 390, § 15; SL 2019, ch 200, § 6.
S.D. Codified Laws § 49-7A-18 — SD Code / Title 49 / Chapter 7A / Section 49-7A-18
Penalties
Status: in_force

Except as provided in § 49-7A-19 and in addition to all other penalties provided by law, any person who violates or who procures, aids, or abets in the violation of § 49-7A-2 , 49-7A-5 , 49-7A-8 , or 49-7A-12 , or any rules promulgated pursuant to § 49-7A-2 , 49-7A-5 , or 49-7A-8 may be assessed a penalty of up to one thousand dollars for the first violation and up to five thousand dollars for each subsequent violation that occurs within twelve months of the initial violation.

Source: SL 2002, ch 211, § 12.
S.D. Codified Laws § 49-45-9 — SD Code / Title 49 / Chapter 45 / Section 49-45-9
Bond requirements--Amount--Violation as misdemeanor
Status: in_force

Before any grain buyer license is issued by the commission, the applicant must file with the commission a bond conditioned to secure the faithful performance of the applicant's obligations as a grain buyer and the applicant's full and unreserved compliance with the laws of this state and the rules of the commission, relating to the purchase of grain by the grain buyer. The bond is for the specific purpose of protecting persons selling grain to the grain buyer. However, the bond may not benefit any person entering into a voluntary credit sale with a grain buyer. Any person who does business as a grain buyer without a bond is guilty of a Class 1 misdemeanor. Each day a person conducts the business of a grain buyer without a bond is a separate offense.

The amount of the bond for a Class A or Class B grain buyer's license must be based on a rolling average of the dollar amount of grain purchased by the applicant in this state during the last three license years. For a new grain buyer, the first year's bond must be based on projected purchases. For a grain buyer with less than three years of experience as a grain buyer, the bond must be based on the average actual purchases made by the grain buyer in all of its previous years as a grain buyer or projected purchases, whichever amount is higher. The bond applies to all grain purchases for all of the grain buyer's business locations.

The amount of the bond for a Class A grain buyer's license is:

Dollar Amount of Grain Purchased

Bond Requirement

Less than $2,000,001

$50,000

$2,000,001--$5,000,000

$100,000

$5,000,001-$10,000,000

$150,000

$10,000,001-$20,000,000

$200,000

$20,000,001-$30,000,000

$250,000

$30,000,001-$40,000,000

$300,000

$40,000,001-$55,000,000

$350,000

$55,000,001-$70,000,000

$400,000

$70,000,001-$85,000,000

$450,000

$85,000,001-$100,000,000

$500,000

Bond requirements are increased twenty-five thousand dollars for each additional ten million dollars in purchases above one hundred million dollars.

The amount of the bond for a Class B grain buyer's license is:

Dollar Amount of Grain Purchased

Bond Requirement

Less than $2,000,001

$50,000

$2,000,001--$5,000,000

$100,000

The grain buyer may stipulate to a higher bond amount requested by the commission or may post additional security in another form.

Source: SL 1985, ch 376, § 75; SL 1994, ch 359, § 8; SL 1996, ch 277, § 1; SL 2008, ch 251, § 7; SL 2009, ch 248, § 2; SL 2013, ch 238, § 12, eff. Apr. 1, 2013; SL 2018, ch 268, § 2; SL 2024, ch 192, § 3.
S.D. Codified Laws § 49-43-49 — SD Code / Title 49 / Chapter 43 / Section 49-43-49
Negotiation of receipt without disclosing lack of title or existence of lien as misdemeanor
Status: in_force

Any person who deposits goods to which the person does not have title, or upon which there is a lien or mortgage, and who takes for the goods a negotiable receipt which the person afterwards negotiates for value with intent to deceive and without disclosing the person's lack of title or the existence of the lien or mortgage is guilty of a Class 1 misdemeanor.

Source: SL 2008, ch 249, § 37.
S.D. Codified Laws § 49-34-11 — SD Code / Title 49 / Chapter 34 / Section 49-34-11
Recordation of security with secretary of state--Effective date of lien--After acquired property
Status: in_force

Any trust deed or mortgage executed by a corporation organized under the provisions of chapter 49-33 or qualified in accordance with the provisions of §§ 47-1A-1501 to 47-1A-1532 , inclusive, relative to the qualification of foreign corporations to transact business in this state, and carrying on a street railway, natural or artificial gas or electric public utility business shall be filed and recorded in the office of the secretary of state and such filing for record thereof shall create a lien upon such property, real and personal, from the time of such filing, and shall have the same effect, as to any property in this state described therein, as the record or filing of any similar instrument in the office of the register of deeds as to property in his county as if it were filed or recorded in each and every county in which any property therein described may be situated, and such filing and recording in the office of the secretary of state shall be the only recording or filing required. The deeds of trust or mortgages may by their terms include after-acquired real and personal property, and are as valid and effectual for that purpose as if this after-acquired property were owned by, and in possession of, the corporation giving the deed of trust or mortgage at the time of its execution.

Source: SDC 1939, § 52.1516; SL 1947, ch 237; SL 1989, ch 402, § 1; SL 2005, ch 202, § 13.
S.D. Codified Laws § 49-31-75 — SD Code / Title 49 / Chapter 31 / Section 49-31-75
Certificate of authority--Commission approval--Violations
Status: in_force

A certificate of authority for local exchange service issued by the commission may not be sold, assigned, leased, or transferred without commission approval. Any certificate of authority issued by the commission may be suspended or revoked, pursuant to chapter 1-26 , for a willful violation of the laws of this state, a willful failure to comply with a rule or order of the commission, or other good cause. The offering of any local exchange telecommunications service without a certificate of authority or which is inconsistent with this section is a Class 1 misdemeanor.

Source: SL 1998, ch 274, § 13.
S.D. Codified Laws § 49-31-111 — SD Code / Title 49 / Chapter 31 / Section 49-31-111
Nonlocal telecommunications traffic signaling information required to be provided by originating carrier to terminating carrier to assess charges
Status: in_force

An originating carrier of nonlocal telecommunications traffic shall, in delivering its traffic, transmit signaling information in accordance with commonly accepted industry standards giving the terminating carrier information that is sufficient to identify, measure, and appropriately charge the originating carrier for services provided in terminating the nonlocal telecommunications traffic. If the originating carrier is delivering both intrastate and interstate nonlocal telecommunications traffic, the originating carrier shall separately provide the terminating carrier with accurate information including verifiable percentage measurements that enables the terminating carrier to appropriately classify nonlocal telecommunications traffic as being either interstate or intrastate, and to assess the appropriate applicable access charges. If accurate and verifiable information allowing appropriate classification of the telecommunications traffic is not provided by the originating carrier, the terminating carrier may classify all unidentified nonlocal telecommunications traffic terminated for the originating carrier as intrastate telecommunications traffic for service billing purposes.

Source: SL 2004, ch 284, § 3.
S.D. Codified Laws § 49-43-57 — SD Code / Title 49 / Chapter 43 / Section 49-43-57
Depositor right to paper warehouse receipt
Status: in_force

No warehouse operator may require a depositor to accept an electronic warehouse receipt in lieu of a paper warehouse receipt.

Source: SL 2012, ch 232, § 5.
S.D. Codified Laws § 49-34-5 — SD Code / Title 49 / Chapter 34 / Section 49-34-5
Condemnation of parks or boulevards prohibited
Status: in_force

Nothing contained in this chapter or chapter 49-33 shall be construed to authorize the condemnation of any part of any public park or boulevard in any municipality.

Source: SDC 1939, § 52.1511; SL 1992, ch 60, § 2.
S.D. Codified Laws § 49-31-12.7 — SD Code / Title 49 / Chapter 31 / Section 49-31-12.7
Tariffs for telecommunications services other than emerging and noncompetitive services prohibited
Status: in_force

Unless exempted from filing by § 49-31-5.1 , a telecommunications company shall file tariffs only for emerging and noncompetitive telecommunications services. No other telecommunications services may be tariffed.

Source: SL 2007, ch 267, § 1.
S.D. Codified Laws § 49-33-14 — SD Code / Title 49 / Chapter 33 / Section 49-33-14
Board of directors--Election and term of office--Voting for directors--Vacancies
Status: in_force

There shall be a board of not less than three directors, and such greater number as the bylaws shall designate, to manage the business and affairs of such corporation, who shall be elected at such time, in such manner and for such terms as shall be prescribed by its bylaws and shall hold their office until their respective successors shall be chosen. In the election of directors and at all corporate meetings, each stockholder is entitled to one vote in person or by proxy for each share of stock owned by him. Each stockholder entitled to vote has the right to multiply the number of votes to which such stockholder may be entitled by the number of directors to be elected at the meeting at which the votes are to be cast and cast all of such votes for one candidate, or distribute them among two or more candidates as the stockholder prefers. Vacancies in the board of directors shall be filled in the manner prescribed by the bylaws.

Source: SDC 1939, § 52.1504; SL 1986, ch 396, § 4.
S.D. Codified Laws § 49-41B-4.1 — SD Code / Title 49 / Chapter 41B / Section 49-41B-4.1
Trans-state transmission facility--Permit and legislative approval required
Status: in_force

No utility shall begin construction of a trans - state transmission facility within the state without first having obtained a permit as required in this chapter and approval by an act of the South Dakota Legislature.

Source: SL 1979, ch 318, §§ 3, 5; SL 1980, ch 327, § 4.
S.D. Codified Laws § 49-31-112 — SD Code / Title 49 / Chapter 31 / Section 49-31-112
Transiting carrier required to deliver signaling information with telecommunications traffic--Liability for failure to deliver
Status: in_force

A transiting carrier shall deliver telecommunications traffic to the terminating carrier by means of facilities and signaling protocols that enable the terminating carrier to receive from the originating carrier all signaling information, as required by §§ 49-31-110 and 49-31-111 , the originating carrier transmits with its telecommunications traffic. If any transiting carrier fails to deliver telecommunications traffic to another transiting carrier or to the terminating carrier with all of the signaling information transmitted by the originating carrier as required by §§ 49-31-110 and 49-31-111 , and this results in telecommunications traffic that is not identifiable and therefore not billable by the terminating carrier to the appropriate originating carrier, the transiting carrier is liable to the terminating carrier for the transport and termination or access compensation relating to the traffic that cannot be identified and billed to the appropriate originating carrier.

Source: SL 2004, ch 284, § 4.
S.D. Codified Laws § 49-13-14.2 — SD Code / Title 49 / Chapter 13 / Section 49-13-14.2
Necessity for demand before suit
Status: in_force

If a telecommunications company or motor carrier is liable under § 49-13-14.1 , a demand in writing on the telecommunications company shall be made for the money damages sustained before suit is brought for recovery under § 49-13-14.1 , and no suit may be brought until the expiration of thirty days after the demand.

Source: SDC 1939, § 52.0214; SDCL, § 49-3-22; SL 1987, ch 345, § 28.
S.D. Codified Laws § 49-34A-24 — SD Code / Title 49 / Chapter 34A / Section 49-34A-24
Municipal taxes on utilities passed on to customers
Status: in_force

If any municipal corporation imposes a sales tax or non ad valorem tax on revenues collected or earnings by any public utility, such public utility shall add the tax collected on to the respective bills to be paid by the various persons purchasing electricity or natural, manufactured, or mixed gas in such municipality.

Source: SL 1975, ch 283, § 17.
S.D. Codified Laws § 49-1-15 — SD Code / Title 49 / Chapter 1 / Section 49-1-15
Assistant attorneys general to serve commission exclusively
Status: in_force

The attorney general may, with the approval of the Public Utilities Commission, appoint one or more assistant attorneys general to serve the Public Utilities Commission and work exclusively for the commission.

Source: SDC 1939, § 52.0253; SL 1976, ch 291; SL 1991, ch 380, § 5.
S.D. Codified Laws § 49-38-2 — SD Code / Title 49 / Chapter 38 / Section 49-38-2
Annual audit by department of legislative audits--Filing with auditor-general--Cost of audit
Status: in_force

The fiscal year of a consumers power district shall coincide with the calendar year. The board of directors, at the close of each year's business, shall cause an audit of the books, records, and financial affairs of the district to be made by the South Dakota Department of Legislative Audits or by a certified public accountant or firm of such accountants, who shall be selected by the district, subject to the approval of the auditor - general of South Dakota. The audit shall be in a form prescribed by the auditor - general and shall contain and show the items set forth in this chapter. When the audit has been examined and approved by the auditor - general, written copies thereof shall be placed and kept on file at the principal place of business of the district, and shall be filed with the auditor - general within one hundred and twenty days after December thirty - first of each year. Each district shall pay the cost of such audit.

Source: SL 1950 (SS), ch 17, § 33; SDC Supp 1960, § 52.1733; SL 1989, ch 403, § 23.
S.D. Codified Laws § 49-16A-73 — SD Code / Title 49 / Chapter 16A / Section 49-16A-73
Facilities for transferring freight or cars between railroads--Department's directions--Sharing of costs
Status: in_force

Upon application of any interested person the Department of Transportation shall direct the manner in which railroads provide facilities for transferring cars or freight from one railroad's road to another. Each connecting railroad shall pay its proportionate share of the building and maintenance of the tracks and switches necessary to furnish the transfer facilities required by the department.

Source: SDC 1939, § 52.0242; SDCL, § 49-21-14; SL 1980, ch 322, § 72.
S.D. Codified Laws § 49-34A-25.1 — SD Code / Title 49 / Chapter 34A / Section 49-34A-25.1
Approval of tariff mechanisms for automatic annual adjustment of charges for jurisdictional costs of new or modified transmission facilities
Status: in_force

Notwithstanding any other provision of this chapter, the commission may approve a tariff mechanism for the automatic annual adjustment of charges for the jurisdictional costs of new or modified transmission facilities with a design capacity of thirty-four and one-half kilovolts or more and which are more than five miles in length. For the purposes of §§ 49-34A-25.1 to 49-34A-25.4 , inclusive, electric transmission facilities and electric transmission lines covered by this section include associated facilities such as substations and transformers.

Source: SL 2006, ch 239, § 1.
S.D. Codified Laws § 49-32-6 — SD Code / Title 49 / Chapter 32 / Section 49-32-6
Damages not collectible for destruction of facilities or wires under minimum height
Status: in_force

No person owning or operating any telecommunications facilities or electric lines, or any part of such facilities or lines in this state, may collect damages from any person who cuts, breaks, removes, or otherwise destroys any such telecommunications facilities, or electric wires over or across a public highway if any part of the same is at any time less than eighteen feet from the ground.

Source: SDC 1939, § 13.1624; SL 1987, ch 345, § 90.
S.D. Codified Laws § 49-34A-41 — SD Code / Title 49 / Chapter 34A / Section 49-34A-41
Order for production of utility books and records--Out-of-state records
Status: in_force

The Public Utilities Commission may require, by order served on any public utility in the manner provided in this chapter, for the service of orders, the production within this state at such time and place as it may designate, of any books, accounts, papers, or records of the public utility relating to its business or affairs within the state, pertinent to any lawful inquiry and kept by the public utility in any office or place without this state, or, at its option, verified or photostatic copies in lieu thereof, so that an examination thereof may be made by the commission or under its direction.

Source: SL 1975, ch 283, § 28; SL 1976, ch 296, § 25.
S.D. Codified Laws § 49-31-7.2 — SD Code / Title 49 / Chapter 31 / Section 49-31-7.2
Liability for damages unaffected
Status: in_force

Nothing in § 49-31-7.1 may be construed to relieve any telecommunications company from its present responsibility or liability for damages to any person or property.

Source: SDC 1939, § 52.0202; SDCL, § 49-3-9; SL 1987, ch 345, § 50.
S.D. Codified Laws § 49-34-6 — SD Code / Title 49 / Chapter 34 / Section 49-34-6
Extension of facilities--Branch lines--Designation of route--Filing with secretary of state--Aid authorized
Status: in_force

Any corporation organized under chapter 49-33 may extend its railroad, electric light or power line from any point named in its charter or articles of incorporation and may build branch lines either from any point on its line or from any point on the line of any other company connecting or to be connected with its line. Before such extension is made, such corporation shall, by resolution of its directors, to be entered in the record of its proceedings, designate the route of such proposed branch and extension and file a copy of such record, certified by its president and secretary, with the secretary of state and cause the same to be recorded. Thereupon such corporation shall have all the rights and privileges to make such extension and receive aid therefor which it would have had if such branch or extension had been authorized in its original certificate.

Source: SDC 1939, § 52.1513.
S.D. Codified Laws § 49-7-15 — SD Code / Title 49 / Chapter 7 / Section 49-7-15
Plat of pipeline route--Certification, acknowledgment and filing--Compensation for damages
Status: in_force

Each pipeline company planning to construct a pipeline in this state, that has surveyed its pipeline route, shall cause a plat of such route, clearly indicating the center line of the right of way and area thereof in acres and fractions, to be certified by its chief engineer or president, and acknowledged, and filed with the commissioner of school and public lands, and a duplicate with the register of deeds of each county in which the land is situated. There shall also be filed with the commissioner evidence in writing of contact with any leases of school and public lands showing that any damages accruing to an occupant or holder of any improvements upon said public lands has been or will be paid for the same as is provided for owners of private lands and that any damages or disruption of cultivation or grazing shall be compensated.

Source: SL 1980, ch 321, § 5.
S.D. Codified Laws § 49-13-9.1 — SD Code / Title 49 / Chapter 13 / Section 49-13-9.1
Corporations and business entities may appear without counsel in certain cases
Status: in_force

In any complaint to the commission by any person claiming to be damaged by any telecommunications company or motor carrier in which damages in the amount of three thousand dollars, or less, are claimed, any corporation, cooperative corporation, limited liability company, or limited liability partnership may represent itself through a designated employee without any requirement of representation by legal counsel.

Source: SL 2003, ch 236, § 1.
S.D. Codified Laws § 49-39-6.1 — SD Code / Title 49 / Chapter 39 / Section 49-39-6.1
Issuance of variable rate obligations--Authorization by resolution--Scope
Status: in_force

The issuance of variable rate obligations shall be authorized by resolution, order or ordinance of the board of directors of the district, which resolution, order or ordinance shall fix the maximum amount of obligations to be issued or, if applicable, the maximum principal amount which may be outstanding at any time, the maximum term shall be outstanding, the maximum interest rate to be borne by the obligations, the manner of sale (which may be by either public or private sale), price, form, terms, conditions and the covenants thereof. The resolution, order or ordinance authorizing the issuance of obligations may provide for the designation of a paying agent and registrar for the obligations and may authorize one or more designated officers or employees of the district to act on behalf of the district from time to time in the selling and delivering of obligations authorized and fixing the dates, price, interest rates, interest payment periods and other procedures as may be specified in the resolution, order or ordinance. Obligations may be issued in such form or such denomination, payable at such time or times, in such amount or amounts or installments, at such place or places, in such form, under such terms, conditions and details, in such manner, redeemable prior to maturity at any time or times, bearing no interest, or bearing interest at any rate or rates (either fixed, variable, floating, adjustable, or otherwise, all as determined in accordance with the resolution, order or ordinance providing for the issuance of the obligations which resolution, order or ordinance may provide a formula, index, contract or any other arrangement for the periodic determination of interest rates), not to exceed the maximum net effective interest rate allowed by law and may be signed or otherwise executed in such manner, with manual or facsimile signatures, and with or without a seal, all as shall be specified by the board of directors of the district in the resolution, order or ordinance authorizing the issuance of the obligations. The proceeds received from the sale of obligations may be deposited or invested in any manner and in such obligations as may be specified in the resolution, order, ordinance or other proceedings authorizing the obligations. If any officer or officers whose signatures are on any obligations cease to be such officer or officers before the delivery thereof to the purchaser, the signature or signatures shall nevertheless be valid and sufficient for all purposes and the successor or successors in office of any such officer or officers shall be fully authorized to complete the execution, authentication, or delivery of the obligations to the purchaser or purchasers thereof.

Source: SL 1989, ch 403, § 28.
S.D. Codified Laws § 49-41B-4 — SD Code / Title 49 / Chapter 41B / Section 49-41B-4
Permit required before construction of facility after certain date
Status: in_force

No utility may begin construction of a facility in the state on or after July 1, 1979, without first having obtained a permit issued with respect to such facility by the Public Utilities Commission pursuant to this chapter. No such permit is required for an associated facility to be constructed for the purpose of transporting water if the water management board has issued a permit to appropriate water for the use to be made by that facility. Any facility, with respect to which a permit is required, shall thereafter be constructed, operated, and maintained in conformity with such permit including any terms, conditions, or modifications contained therein.

Source: SL 1977, ch 390, § 4; SL 1983, ch 349.
S.D. Codified Laws § 49-2-7 — SD Code / Title 49 / Chapter 2 / Section 49-2-7
Contractual limitation of duties--General notice
Status: in_force

The obligations of a common carrier cannot be limited by general notice on his part, but may be limited by special contract.

Source: SDC 1939, § 8.0806.
S.D. Codified Laws § 49-41B-9 — SD Code / Title 49 / Chapter 41B / Section 49-41B-9
Financing of committee expenses
Status: in_force

Expense payments and other authorized payments to members of the local review committee for their service on the committee shall be financed by the unit of government or utility which they represent.

Source: SL 1977, ch 390, § 11.
S.D. Codified Laws § 49-7A-10 — SD Code / Title 49 / Chapter 7A / Section 49-7A-10
Liability for damage to underground facility
Status: in_force

Compliance with this chapter and the rules promulgated pursuant thereto does not excuse a person from acting in a careful and prudent manner nor does compliance with this chapter and the rules promulgated pursuant thereto affect any civil remedies otherwise provided by law for personal injury or for property damage except as specifically provided in this chapter. If information requested pursuant to statute or rule, is provided within the time specified and if the information provided sufficiently identifies the location of the underground facilities in accordance with § 49-7A-8 or any rule promulgated pursuant to § 49-7A-8 , any excavator damaging or injuring the underground facilities is strictly liable for all damage proximately caused thereby.

Source: SL 1993, ch 346, § 11; SL 2002, ch 211, § 8.
S.D. Codified Laws § 49-32-20 — SD Code / Title 49 / Chapter 32 / Section 49-32-20
Right of incumbent electric transmission owner to construct and own electric transmission line to electric facilities--Notice--Permit application
Status: in_force

Any incumbent electric transmission owner may construct, own, and maintain an electric transmission line that connects to facilities owned by the incumbent electric transmission owner. The right to construct, own, and maintain an electric transmission line that connects to facilities owned by two or more incumbent electric transmission owners belongs individually and proportionally to each incumbent electric transmission owner, unless otherwise agreed in writing. If an electric transmission line has been approved for construction in a federally registered planning authority transmission plan, the incumbent electric transmission owner may give notice to the commission, in writing, within ninety days of approval, of its intent to construct, own, and maintain the electric transmission line. If no notice is provided, the incumbent electric transmission owner shall surrender its first right to construct, own, and maintain the electric transmission line. Within eighteen months after the notice, the incumbent electric transmission owner shall file an application for a permit in accordance with chapter 49-41B .

Source: SL 2011, ch 208, § 3.
S.D. Codified Laws § 49-30-3 — SD Code / Title 49 / Chapter 30 / Section 49-30-3
Certificate of incorporation--Name of corporation--Powers
Status: in_force

After filing of the articles of incorporation and affidavit pursuant to § 49-30-2 , a certificate of corporate existence, under the seal of the state and signed by the Governor and secretary of state, shall be issued to the subscribers to such articles; and all such persons who shall thereafter become stockholders in such corporation shall be a corporation by the name specified in such articles, and shall possess all the powers and privileges and be subject to all the provisions of this chapter applicable thereto.

Source: SDC 1939, § 52.1303.
S.D. Codified Laws § 49-40-8 — SD Code / Title 49 / Chapter 40 / Section 49-40-8
Lease or alienation of facilities within municipality
Status: in_force

If a consumers power district is comprised of territory wholly within the corporate limits of a first or second class municipality then the district shall have power to lease or alienate the franchises, plant or physical equipment of the district to any private person, firm, association or corporation in accordance with the provisions of §§ 9-39-37 and 9-39-38 .

Source: SL 1950 (SS), ch 17, § 69; SDC Supp 1960, § 52.1768; SL 1992, ch 60, § 2; SL 2017, ch 198, § 3.
S.D. Codified Laws § 49-34B-14 — SD Code / Title 49 / Chapter 34B / Section 49-34B-14
Commission as regulatory agent of United States Department of Transportation--Certification--Duty
Status: in_force

The commission may, to the extent authorized by agreement with the secretary of the United States Department of Transportation, act as agent for the secretary of transportation to implement the provisions of 49 U.S.C. §§ 60101 to 60143, inclusive (January 1, 2026), and any federal pipeline safety regulations promulgated with respect to interstate gas pipelines located within this state, as necessary to obtain annual federal certification. If the commission agrees to serve as an agent for the Department of Transportation, the commission must, to the extent authorized by federal law, inspect pipelines in the state as authorized by § 49-34B-3 and other applicable provisions of this chapter.

Source: SL 1994, ch 357, § 13; SL 1995, ch 264, § 5; SL 1997, ch 268, § 5; SL 1999, ch 230, § 5; SL 2001, ch 258, § 5; SL 2003, ch 240, § 5; SL 2005, ch 247, § 5; SL 2007, ch 273, § 8; SL 2009, ch 242, § 6; SL 2010, ch 225, § 6; SL 2011, ch 210, § 6; SL 2012, ch 231, § 7; SL 2016, ch 226, § 6; SL 2019, ch 199, § 6; SL 2021, ch 201, § 4; SL 2023, ch 158, § 5; SL 2026, ch 186, § 5.
S.D. Codified Laws § 49-31-110 — SD Code / Title 49 / Chapter 31 / Section 49-31-110
Local telecommunications traffic signaling information required to be provided by originating carrier to terminating carrier to assess charges
Status: in_force

If necessary for the assessment of transport and termination charges pursuant to 47 U.S.C. § 251(b)(5) as of January 1, 2004, an originating carrier of local telecommunications traffic shall, in delivering its traffic, transmit signaling information in accordance with commonly accepted industry standards giving the terminating carrier information that is sufficient to identify, measure, and appropriately charge the originating carrier for services provided in terminating the local telecommunications traffic. If the originating carrier is delivering both local and nonlocal telecommunications traffic, the originating carrier shall separately provide the terminating carrier with accurate and verifiable information, including percentage measurements that enables the terminating carrier to appropriately classify telecommunications traffic as being either local or nonlocal, and interstate or intrastate, and to assess the appropriate applicable transport and termination or access charges. If accurate and verifiable information allowing appropriate classification of the terminated traffic is not provided by the originating carrier, the terminating carrier may classify all unidentified traffic terminated for the originating carrier as nonlocal telecommunications traffic for service billing purposes.

Source: SL 2004, ch 284, § 2.
S.D. Codified Laws § 49-31-4.2 — SD Code / Title 49 / Chapter 31 / Section 49-31-4.2
Uniform prices for intrastate interexchange telecommunications services--Volume discounts--Taxes
Status: in_force

A telecommunications company providing intrastate interexchange telecommunications services shall charge uniform prices on all routes where it offers the services. However, notwithstanding this section and § 49-31-11 , a telecommunications company may offer or provide volume discounts and may pass through any state, municipal or local taxes in the specific geographic areas from which the taxes originate.

Source: SL 1988, ch 375, § 13; SL 1992, ch 328, § 9.
S.D. Codified Laws § 49-16A-56 — SD Code / Title 49 / Chapter 16A / Section 49-16A-56
Authorization to use school or public lands--Width of right-of-way
Status: in_force

Each railroad authorized to construct a road in this state may locate and construct the road across any of the school or other public lands of the state, and may, for that purpose, hold, occupy, and enjoy a right - of - way therefor, fifty feet on each side of the center of the track of the road, and extra width as may be necessary for cuts, embankments, gravel pits, and other works of the road, or for the protection of the road from snow, subject to the approval of the Governor.

Source: SDC 1939, § 52.0816; SDCL, § 49-20-5; SL 1980, ch 322, § 55.
S.D. Codified Laws § 49-31-29.2 — SD Code / Title 49 / Chapter 31 / Section 49-31-29.2
Interference with emergency communication--Violation a misdemeanor
Status: in_force

If a person is attempting to summon aid to an emergency or has communicated a desire to summon aid to an emergency, no person may prohibit or interrupt, or attempt to prohibit or interrupt, another person's use of a communication device by either of the following:

(1) Using or threatening to use physical force, intimidation, interference, or any other form of violence; or

(2) Destroying, disabling, or damaging a communication device.

A violation of this section is a Class 1 misdemeanor.

Source: SL 2002, ch 214, § 2.
S.D. Codified Laws § 49-34A-66 — SD Code / Title 49 / Chapter 34A / Section 49-34A-66
Violation of law or commission order--Civil penalty
Status: in_force

Any person who intentionally violates any provision of this chapter, or who intentionally fails, omits, or neglects to obey, observe, or comply with any lawful order, or any part or provision thereof, of the Public Utilities Commission shall be subject to a civil penalty of not less than one hundred dollars nor more than one thousand dollars for each violation.

Source: SL 1975, ch 283, § 51; SL 1983, ch 15, § 144; SL 1983, ch 331, § 13.
S.D. Codified Laws § 49-16A-109 — SD Code / Title 49 / Chapter 16A / Section 49-16A-109
Punishment for malicious interference with railroad where death results
Status: in_force

If death results from any violation of § 49-16A-107 or 49-16A-108 the offender is guilty of a Class 5 felony.

Source: SDC 1939, § 13.4513; SDCL, § 49-27-10; SL 1980, ch 322, § 108.
S.D. Codified Laws § 49-16A-41 — SD Code / Title 49 / Chapter 16A / Section 49-16A-41
Routing instructions by shipper
Status: in_force

If freight is delivered to a railroad for transportation to a point of destination, between which and the point of delivery two or more published through routes and through rates have been established pursuant to this chapter, and to which through routes and through rates the railroad is a party, the person making the shipment may designate in writing by which of such routes the freight shall be transported to its destination. Thereupon it is the duty of the initial railroad to route such freight and issue a through bill of lading as directed, and to transport such freight over its own line or lines and deliver the same to a connecting line or lines according to such through route. Each of the connecting railroads shall receive such freight and transport it over the designated line or lines and deliver it to the next succeeding carrier or consignee according to the routing instructions in the bill of lading. The shipper shall in all instances have the right to determine, where competing lines of a railroad constitute portions of a through line or route, over which of the competing lines his freight shall be transported.

Source: SDC 1939, § 52.0245; SDCL, § 49-12-15; SL 1980, ch 322, § 41.
S.D. Codified Laws § 49-7A-5 — SD Code / Title 49 / Chapter 7A / Section 49-7A-5
Notification of proposed excavation--Promulgation of rules
Status: in_force

No excavator may begin any excavation without first notifying the one-call notification center of the proposed excavation. The excavator shall give notice by telephone or by other methods approved by the board, pursuant to rules promulgated pursuant to chapter 1-26 , to the one-call notification center, at least forty-eight hours prior to the commencement of the excavation. The forty-eight-hour period begins at 12:01 a.m. the day after notice is submitted to the notification center, excluding any Saturday, Sunday, or legal holiday of the state.

The board may promulgate rules, pursuant to chapter 1-26 , to reduce the forty-eight-hour period for emergency or subsequent inquiries to the original locate request, and may lengthen the forty-eight-hour period for nonexcavation requests.

Source: SL 1993, ch 346, § 6; SL 1994, ch 354, § 4; SL 1997, ch 263, § 2; SL 2002, ch 211, § 3; SL 2007, ch 264, § 2; SL 2026, ch 183, § 1.
S.D. Codified Laws § 49-43-4.2 — SD Code / Title 49 / Chapter 43 / Section 49-43-4.2
Public grain warehouse license--Penalty--Injunction--Civil fine
Status: in_force

No owner, lessee, or manager of a public grain warehouse may transact business as a public grain warehouse until a license has been issued by the commission. Any person who violates this section is guilty of a Class 1 misdemeanor.

Each day that a person is in violation of this section is a separate offense.

The operation of a public grain warehouse, without a license, may be enjoined by the commission.

The commission may assess a civil fine against an unlicensed warehouse operator in the amount of five thousand dollars per day, up to a maximum of fifty thousand dollars.

Source: SL 2008, ch 249, § 8; SL 2022, ch 174, § 1.
S.D. Codified Laws § 49-16B-37 — SD Code / Title 49 / Chapter 16B / Section 49-16B-37
Interim notes--Additional security for payment
Status: in_force

The authority, in order further to secure the payment of the interim notes, may make any other or additional covenants, terms and conditions not inconsistent with the provisions of §§ 49-16B-13 and 49-16B-15 , and do any and all acts and things as may be necessary or convenient or desirable in order to secure payment of its interim notes, or, in the discretion of the authority, as will tend to make the interim notes more acceptable to lenders, notwithstanding that the covenants, acts or things may not be enumerated herein. However, nothing contained in this section authorizes the authority to secure the payment of the interim notes out of property or facilities, other than the facilities acquired with the proceeds of the interim notes, and any net income and revenue derived from the facilities and the proceeds of revenue bonds.

Source: SL 1980, ch 323, § 33; SL 2010, ch 145, § 200.
S.D. Codified Laws § 49-28-53 — SD Code / Title 49 / Chapter 28 / Section 49-28-53
Procedure for rehearing, review, or appeal
Status: in_force

All final orders, determinations, or decisions of the department in proceedings brought pursuant to this chapter are subject to rehearing in accordance with department rules and are subject to review or appeal in accordance with chapter 1-26 .

Source: SDC 1939, § 44.0418; SL 1985, ch 374, § 41; SL 1995, ch 259, § 32; SL 2006, ch 234, § 16.
S.D. Codified Laws § 49-41B-38 — SD Code / Title 49 / Chapter 41B / Section 49-41B-38
Indemnity bond for damage to roads and bridges
Status: in_force

In the case of any trans - state transmission facility or transmission facility as defined in this chapter, the Public Utilities Commission shall require any person performing any construction or survey work to furnish an indemnity bond in a reasonable amount, which shall be in lieu of any county or township indemnity bond pursuant to §§ 31-12-43 and 31-13-55 . Such bond shall run in favor of, and for the benefit of, such townships, counties, or other governmental entities whose property is crossed by such trans - state transmission facility or transmission facility to insure that any damage beyond normal wear to public roads, highways, bridges, or other related facilities shall be adequately compensated. The form, terms, and conditions of such bond shall be subject to the approval of the Public Utilities Commission.

Source: SL 1984, ch 213, § 3.
S.D. Codified Laws § 49-31-31.1 — SD Code / Title 49 / Chapter 31 / Section 49-31-31.1
Electronic communication device defined
Status: in_force

For the purposes of §§ 49-31-31 and 49-31-33 , an electronic communication device is any electronic device capable of transmitting signs, signals, writing, images, sounds, messages, data, or other information by wire, radio, light waves, electromagnetic means, or other similar means, including telephones, cellular phones, and computers.

Source: SL 2011, ch 206, § 3.
S.D. Codified Laws § 49-31-51.1 — SD Code / Title 49 / Chapter 31 / Section 49-31-51.1
Promulgation of rules to administer access fee
Status: in_force

The secretary of revenue may promulgate rules, pursuant to chapter 1-26 , to administer the fee imposed pursuant to § 49-31-51 . The rules may include:

(1) The filing of returns and payment of the fee;

(2) Determining the application of the fee;

(3) Record-keeping requirements; and

(4) Determining auditing methods.

Source: SL 2000, ch 68, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 49-30-7 — SD Code / Title 49 / Chapter 30 / Section 49-30-7
Powers of corporation--Construction along waters and highways
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 construct its lines of telegraph or telephone across, along, or upon any stream of water, watercourse, street, highway, toll or wagon road, plank road, turnpike, wharf, levee, river front, steamboat, or other public landing, or canal, which its line shall intersect or touch.

Source: SDC 1939, § 52.1311 (4).
S.D. Codified Laws § 49-17A-13 — SD Code / Title 49 / Chapter 17A / Section 49-17A-13
Filing of resolution increasing or decreasing authority--Amended certificate of incorporation
Status: in_force

If a regional authority is increased or decreased pursuant to § 49-17A-11 or 49-17A-12 , it shall forward to the secretary of state a certified copy of each resolution adopted pursuant thereto. Upon receipt thereof, the secretary of state shall issue an amended certificate of incorporation.

Source: SL 1978, ch 344, § 13.
S.D. Codified Laws § 49-17A-1 — SD Code / Title 49 / Chapter 17A / Section 49-17A-1
Definition of terms
Status: in_force

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

(1) "Bonds," any bonds, notes, interim certificates, debentures, or similar obligations issued by an authority pursuant to this chapter;

(2) "Governing body," the official or officials authorized by law to exercise ordinance making or other lawmaking powers of a political subdivision;

(3) "Political subdivision," or "subdivision," any county, municipality, or other body politic of this state;

(4) "Project," any railroad or related facilities operated or owned by an authority, including all real and personal property, structures, machinery, equipment and appurtenances or facilities which are part of such railroad and useful in connection therewith, including facilities for the convenience of handling passengers and freight or as part of railroad operations;

(5) "Railroad authority" or "authority," any authority created pursuant to the provisions of this chapter;

(6) "Real property," lands, structures and interests in land, including lands under water and riparian rights, including any and all lesser interests, such as easements, rights of way, uses, leases, licenses, and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, pertaining to real property.

Source: SL 1978, ch 344, § 1.
S.D. Codified Laws § 49-17A-21.1 — SD Code / Title 49 / Chapter 17A / Section 49-17A-21.1
Zones of benefit--Tax levy applied to
Status: in_force

The authority may, in connection with the certification of an annual tax levy pursuant to § 49-17A-21 , designate various zones of benefit or geographical portions of the member subdivisions which, in the judgment of the authority, will be or have been benefited by projects. The authority may then certify that such annual levy be applied only to such benefited area.

Source: SL 1979, ch 310.
S.D. Codified Laws § 49-43-20 — SD Code / Title 49 / Chapter 43 / Section 49-43-20
Division or consolidation of receipts--Cancellation of original receipt--Terms of new receipt
Status: in_force

If it is desirable to divide one receipt issued by a public grain warehouse into two or more, or if it is desirable to consolidate two or more receipts into one, and the warehouseman consents thereto, the original receipt shall be canceled the same as if the grain had been delivered from storage and the new receipts shall express on their face that they are a part of another receipt or a consolidation of other receipts, as the case may be. The numbers of the original receipt shall also appear upon the new ones issued as explanatory of the change. However, no consolidation of receipts of dates differing more than ten days may be permitted, and all new receipts issued for old ones canceled, as provided in this section, shall bear the same date as those originally issued.

Source: SDC 1939, § 60.0317; SL 1985, ch 376, § 40.
S.D. Codified Laws § 49-41B-22.1 — SD Code / Title 49 / Chapter 41B / Section 49-41B-22.1
Reapplication for permit--Applicant's burden of proof--Environmental impact statement not required
Status: in_force

Nothing contained herein shall prohibit an applicant from reapplying for a permit previously denied pursuant to § 49-41B-24 or 49-41B-25 within three years from the date of the denial of the original permit. Upon the first such reapplication, the applicant shall have the burden of proof to establish only those criteria upon which the original permit was denied, provided that nothing in the reapplication materially changes the information presented in the original application regarding those criteria upon which the original permit was not denied. However, nothing contained in this provision shall prohibit the Public Utilities Commission from requiring such applicant to meet its burden of proof as to any criteria, upon a specific finding by the commission of a material change in the circumstances regarding those criteria, but the Public Utilities Commission shall not, in any event, prepare or require the preparation of an environmental impact statement.

Source: SL 1982, ch 333, § 1.
S.D. Codified Laws § 49-16A-100.2 — SD Code / Title 49 / Chapter 16A / Section 49-16A-100.2
Definitions relating to utility crossing of railroad right-of-way
Status: in_force

Terms used in §§ 49-16A-100.2 to 49-16A-100.10 , inclusive, mean:

(1) "Railroad," any nonpublic association or corporation, or other entity, engaged in operating a common carrier by rail or any other entity responsible for the management of crossings or collection of fees for the railroad;

(2) "Rural water system," an entity engaged in the treatment, distribution, and sale of water to rural consumers that was created by chapters 34A-5 , 46A-3A , or 46A-9 or any nonprofit corporation engaged in such activity;

(3) "Utility," 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;

(4) "Crossing," the construction, operation, repair, or maintenance of a facility, over, under, or across a railroad right-of-way by a utility. The term does not include longitudinal occupancy of railroad right-of-way;

(5) "Facility," any item of personal property placed over, across, or underground for use in connection with the storage or conveyance of water; sewage; electronic, telephone, or telegraphic communications; fiber optics; cablevision; electric energy; oil; gas; hazardous liquids; or other substances including pipes, sewers, conduits, cables, valves, lines, wires, manholes, or attachments;

(6) "Special circumstances," includes the railroad crossing's relationship to other property, location of the crossing in urban or other developed areas, the existence of unique topography or natural resources, or other dangers inherent in the particular crossing.

Source: SL 2014, ch 217, § 9; SL 2016, ch 223, § 1.
S.D. Codified Laws § 49-41B-33 — SD Code / Title 49 / Chapter 41B / Section 49-41B-33
Revocation or suspension of permit--Grounds
Status: in_force

A permit may be revoked or suspended by the Public Utilities Commission for:

(1) Any misstatement of a material fact in the application or in accompanying statements or studies required of the applicant, if a correct statement would have caused the commission to refuse to grant a permit; or

(2) Failure to comply with the terms or conditions of the permit; or

(3) Violation of any material provision of this chapter or the rules promulgated thereunder.

Source: SL 1977, ch 390, § 27.
S.D. Codified Laws § 49-37-4.2 — SD Code / Title 49 / Chapter 37 / Section 49-37-4.2
Validation of prior contracts providing for designation of agent
Status: in_force

All contracts heretofore made, executed, and entered into by a consumers power district which consumers power district is participating in cooperation with others in an electric generation or transmission facility are in all things legalized, cured, and declared valid notwithstanding the fact that the contracts provides for the designation of one of the participants to such contract as agent on behalf of itself and a consumers power district, and notwithstanding the fact that the contract provides that one of the participants as agent of a consumers power district may make, execute and enter into contracts and let contracts without bids, settle claims, and perform the powers, duties, and functions delegated to the agent by the consumers power district with respect to the construction, operation, and maintenance of an electric generation and transmission facility.

Source: SL 1977, ch 394, § 2.
S.D. Codified Laws § 49-32A-10 — SD Code / Title 49 / Chapter 32A / Section 49-32A-10
Trustees not compensated--Expenses
Status: in_force

The board of trustees of the district shall serve without compensation but shall be reimbursed for reasonable expenses incurred in the operation of the translator district.

Source: SL 1976, ch 76, § 10.
S.D. Codified Laws § 49-36-19 — SD Code / Title 49 / Chapter 36 / Section 49-36-19
Authorization to bargain collectively with employees--Rights of employees to organize
Status: in_force

The board of directors of a consumers power district and the general manager, subject to the control of the board of directors, are hereby authorized to bargain collectively with employees of the district and their representatives with respect to wages, hours, and all other terms and conditions of their employment, and to enter into collective agreements with respect thereto with such employees and their representatives. The employees of the district shall, without limitation, have all the rights and protections provided by law for the aid and benefit of the employees of private corporations or firms, or individuals, including, without limitations, the right to self - organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purposes of collective bargaining or other mutual aid or protection.

Source: SL 1950 (SS), ch 17, § 29; SDC Supp 1960, § 52.1729.
S.D. Codified Laws § 49-34A-74 — SD Code / Title 49 / Chapter 34A / Section 49-34A-74
Approval of phase in rate plan--Conditions
Status: in_force

The commission may approve a phase in rate plan as provided in § 49-34A-73 if:

(1) The electric utility makes application for a phase in rate plan prior to the commencement of or during construction, or prior to acquisition of the plant additions;

(2) The electric utility files with the application a full cost of service analysis as required for general rate increases including a projection of costs and revenue requirements to the date of the anticipated commercial operation of the plant additions or through the term of the new power purchases;

(3) The commission affords an opportunity for a hearing with notice given as required for any rate increase; and

(4) The commission finds that the phase in rate plan is likely to enhance adequate utility service, rate stability, the financial stability of the electric utility, reasonable capital costs, just and reasonable rates, a fair rate of return, and other considerations that benefit the public interest.

Source: SL 1992, ch 331, § 2; SL 2012, ch 230, § 3; SL 2015, ch 233, § 2.
S.D. Codified Laws § 49-16A-94 — SD Code / Title 49 / Chapter 16A / Section 49-16A-94
Blocking of highway crossings--Employees not liable where blocking necessary under state or federal rules
Status: in_force

No railroad employee shall be held liable for any railroad engine or cars occupying or blocking any street, road, or highway grade crossing where such occupying or blocking is necessitated or required in order to comply with a rule, regulation or order issued by any state or federal regulatory body.

Source: SL 1977, ch 388; SDCL Supp, § 49-24-18; SL 1980, ch 322, § 93.
S.D. Codified Laws § 49-31-51 — SD Code / Title 49 / Chapter 31 / Section 49-31-51
Access fee imposed on local exchange service lines, cellular telephones and radio pager devices--Report of fee on monthly bills--Report on and remission of fees--Disposition of funds collected
Status: in_force

There is hereby imposed an access fee of fifteen cents per local exchange service line per month, fifteen cents per cellular telephone per month in accordance with the provisions provided in subdivision 34-45-1(7), and fifteen cents per radio pager device per month to pay for the program established in § 49-31-47 . The access fee shall be paid by each local exchange subscriber to a local exchange service, or by each cellular telephone or radio pager service subscriber to the service provider, unless the subscriber is otherwise exempt from taxation. The access fee shall be reported as a separate line or service and collected on the regular monthly bill by each local exchange telecommunications company or other service provider operating in this state. On or before the last day of the month following each two-month period, every telecommunications company providing local exchange service or other service provided specified in this section shall remit to the Department of Revenue on forms furnished by the department the amount of the access fee collected for that two- month period. The secretary of revenue may grant an extension of not more than five days for filing a remittance. The Department of Revenue shall deposit ninety percent of the money received pursuant to the provisions of §§ 49-31-47 to 49-31-56 , inclusive, into the telecommunication fund for the deaf and ten percent in the telecommunication fund for other disabilities.

Source: SL 1989, ch 401, § 4; SL 1991, ch 385; SL 1997, ch 267, § 5; SL 2002, ch 61, § 4; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2006, ch 237, §§ 1, 2; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2014, ch 221, § 5.
S.D. Codified Laws § 49-16A-3 — SD Code / Title 49 / Chapter 16A / Section 49-16A-3
Chapters governing railroads
Status: in_force

All railroads, unless built and operated solely for private purposes, are common carriers and are not subject to the provisions of Title 49 except as provided by this chapter and chapters 49-17 and 49-17A .

Source: SL 1980, ch 322, § 3.
S.D. Codified Laws § 49-41B-4.7 — SD Code / Title 49 / Chapter 41B / Section 49-41B-4.7
Divestiture of less than fair market value not required
Status: in_force

No utility required to divest lands pursuant to this chapter, shall be required to do so for less than fair market value.

Source: SL 1980, ch 327, § 12.
S.D. Codified Laws § 49-31-72 — SD Code / Title 49 / Chapter 31 / Section 49-31-72
Certificate of authority--Time limit for decision
Status: in_force

Except when an evidentiary hearing is required by the commission, the commission shall act on an application for a certificate of authority to provide local exchange service within sixty days of receiving a complete application. If an evidentiary hearing is required, the commission shall act on the application within one hundred twenty days of receipt of a complete application.

Source: SL 1998, ch 274, § 9.
S.D. Codified Laws § 49-16A-47 — SD Code / Title 49 / Chapter 16A / Section 49-16A-47
Department as sole representative of state in abandonment, consolidation, merger and inclusion proceedings--Attorney general's duties--Rights not impaired
Status: in_force

The Department of Transportation has the exclusive power to appear before any court, commission, board, tribunal, or agency as the representative of the State of South Dakota in any proceeding relating to the abandonment, consolidation, merger, or inclusion of any railroad, whenever, in the judgment of the department, the welfare of the state or the public interest so demands. The attorney general shall provide legal counsel as is necessary to assist the department to perform these functions. However, §§ 49-16A-46 to 49-16A-49 , inclusive, shall not be interpreted so as to impair the right of any natural or legal person or persons, or anyone on their behalf, to have such representation as they deem fit of their own respective interests in any such proceeding.

Source: SL 1979, ch 311, § 1; SDCL Supp, § 49-21-38; SL 1980, ch 322, § 46.
S.D. Codified Laws § 49-7A-15 — SD Code / Title 49 / Chapter 7A / Section 49-7A-15
Owners and operators of underground facilities required to register with one call notification system
Status: in_force

Any person owning or operating underground facilities, including a farm tap customer owning a farm tap distribution system, which serves third parties or which crosses a property line or is located in a public highway shall register with the one call notification system as an operator pursuant to this chapter.

Source: SL 1993, ch 346, § 16; SL 2017, ch 197, § 5.
S.D. Codified Laws § 49-7A-21 — SD Code / Title 49 / Chapter 7A / Section 49-7A-21
Complaint and order prerequisites for penalty--Time limit
Status: in_force

No penalty may be imposed pursuant to §§ 49-7A-18 and 49-7A-19 except by order following a complaint pursuant to § 49-7A-17 . A complaint alleging a violation of any statute, except § 49-7A-12 , or alleging a violation of any rule of the Statewide One-Call Notification Board shall be brought not later than ninety days after the discovery of the alleged violation, but in no case may the complaint be brought more than one year after the date of the alleged violation. Any complaint alleging a violation of § 49-7A-12 shall be brought within one year of discovery of the alleged violation.

Source: SL 2002, ch 211, § 15; SL 2010, ch 220, § 1.
S.D. Codified Laws § 49-34A-83 — SD Code / Title 49 / Chapter 34A / Section 49-34A-83
Refund or credit of certain taxes for construction of certain power production facilities
Status: in_force

Any person may apply for and obtain a refund or credit for contractors' excise taxes imposed and paid under the provisions of chapter 10-46A or 10-46B for the construction of a new or expanded facility that is a commercial small power production facility that is defined in § 49-34A-80 .

Source: SL 2001, ch 257, § 4.
S.D. Codified Laws § 49-43-2 — SD Code / Title 49 / Chapter 43 / Section 49-43-2
Delivery constitutes bailment rather than sale
Status: in_force

If any grain is delivered to any person doing a public grain warehouse business in this state and is held in open storage, in a grain bank account, or placed on a warehouse receipt, the delivery is a bailment and not a sale of the grain.

Source: SDC 1939, § 60.0315; SL 1985, ch 376, § 24; SL 2008, ch 249, § 3.
S.D. Codified Laws § 49-32-18 — SD Code / Title 49 / Chapter 32 / Section 49-32-18
Electric transmission line defined
Status: in_force

For the purposes of §§ 49-32-19 and 49-32-20 , the term, electric transmission line, means any line connecting to existing electric transmission network facilities for conducting electric energy at a design voltage of one hundred fifteen kilovolts or greater phase to phase, other than a line solely for connecting an electric generation facility to facilities owned by an electric utility.

Source: SL 2011, ch 208, § 1.
S.D. Codified Laws § 49-43-5.7 — SD Code / Title 49 / Chapter 43 / Section 49-43-5.7
Recovery of damages for breach of obligation under bond--Notice to commission--Time for commission response
Status: in_force

Any person injured by the breach of any obligation of a warehouseman, for the performance of which a bond has been given under any of the provisions of this chapter, may sue on the bond in the person's own name in any court of competent jurisdiction to recover any damages the person may have sustained by reason of the breach. However, a person may sue on the bond only if the person has notified the commission of the person's intent to sue on the bond and if the commission has stated in writing that it does not intend to institute any proceedings regarding the bond. The commission shall respond in writing within sixty days of notification stating whether the commission intends to institute any proceedings regarding the bond. If the commission fails to respond in writing within the sixty days, the person may proceed to sue on the bond in the person's own name.

Source: SL 1987, ch 355, § 4; SL 2011, ch 211, § 3; SL 2012, ch 232, § 9.
S.D. Codified Laws § 49-16A-65 — SD Code / Title 49 / Chapter 16A / Section 49-16A-65
Factors considered in assessing plat
Status: in_force

The Department of Transportation may, when assessing a plat submitted pursuant to § 49-16A-64 , consider all factors it deems relevant, including existing transportation facilities, their structure, physical condition, and location.

Source: SL 1980, ch 322, § 64.
S.D. Codified Laws § 49-34A-77 — SD Code / Title 49 / Chapter 34A / Section 49-34A-77
Filing fee for phase in rate plan
Status: in_force

Upon filing an application for a phase in rate plan, the electric utility shall pay a filing fee to be determined by the commission in an amount not to exceed two hundred fifty thousand dollars. The filing fee may also be used for any annual reviews pursuant to § 49-34A-75 .

Source: SL 1992, ch 331, § 5; SL 1994, ch 352, § 11; SL 2012, ch 230, § 6.
S.D. Codified Laws § 49-31-42 — SD Code / Title 49 / Chapter 31 / Section 49-31-42
Proceedings before circuit court on appeal--Priority
Status: in_force

Upon the filing of the record in the office of the clerk, the circuit court shall process the appeal pursuant to chapter 1-26 . Such cases have precedence over all other civil causes pending before the court.

Source: SL 1983, ch 332, § 5; SL 1987, ch 345, § 80; SL 1992, ch 328, § 34.
S.D. Codified Laws § 49-16B-7 — SD Code / Title 49 / Chapter 16B / Section 49-16B-7
Per diem and expenses
Status: in_force

The members of the authority shall be paid their per diem compensation and reimbursed expenses as set pursuant to § 4-7-10.4 .

Source: SL 1980, ch 323, § 7.
S.D. Codified Laws § 49-47-8 — SD Code / Title 49 / Chapter 47 / Section 49-47-8
Negligence claims only permitted
Status: in_force

Any claim against an electric utility for damages due to stray current or voltage is limited to a claim of negligence, including in the case of a prior determination of the commission pursuant to § 49-47-4 or 49-47-5 , negligence per se. In determining whether the utility was negligent, the utility's conduct shall be judged using the commission rules.

Source: SL 2015, ch 237, § 8.
S.D. Codified Laws § 49-1-19 — SD Code / Title 49 / Chapter 1 / Section 49-1-19
Appeals from commission
Status: in_force

All appeals from any determination, decision, or order of the Public Utilities Commission shall be conducted in the manner prescribed by chapter 1-26 .

Source: SL 1983, ch 332, § 1.
S.D. Codified Laws § 49-16A-90 — SD Code / Title 49 / Chapter 16A / Section 49-16A-90
Tampering with light or signal--False light or signal--Felony
Status: in_force

Any person who unlawfully masks, alters, or removes a light or signal, or intentionally exhibits a false light or signal with intent to bring a locomotive, railroad car, or train of cars into danger is guilty of a Class 4 felony.

Source: SDC 1939, § 13.1621; SDCL, § 49-25-19; SL 1980, ch 322, § 89; SL 1983, ch 15, § 110.
S.D. Codified Laws § 49-31-28 — SD Code / Title 49 / Chapter 31 / Section 49-31-28
Party line and emergency calls--Definitions
Status: in_force

For the purposes of §§ 49-31-29 and 49-31-30 the following terms have the meanings ascribed to them as follows:

(1) "Party line" means a subscribers' line telephone circuit, consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number;

(2) "Emergency" means a situation in which property or human life are in jeopardy, and the prompt summoning of aid is essential.

Source: SL 1959, ch 49, § 1; SDC Supp 1960, § 13.1629.
S.D. Codified Laws § 49-28-33 — SD Code / Title 49 / Chapter 28 / Section 49-28-33
Rules governing motor carriers--Promulgation--Conformity with federal rules
Status: in_force

The department may pursuant to chapter 1-26 adopt rules to establish uniform procedures for the administration of the provisions of this chapter. Rules may be adopted by the department governing motor carriers in the following areas:

(1) Filing information and reports; and

(2) Registration and identification when performing interstate operations within the state.

The Director of the Division of Highway Patrol may promulgate reasonable rules pursuant to chapter 1-26 to promote safety of operations, standards, and safety of equipment. The rules shall conform as nearly as possible with the rules and regulations for safety of operations and equipment adopted by the U.S. Department of Transportation, pursuant to 49 U.S.C. Chapter 311 as amended through January 1, 2005.

Source: SDC 1939, § 44.0403; SL 1981, ch 334, § 12; SL 1983, ch 335, § 29; SL 1984, ch 308; SL 1986, ch 22, § 14; SL 1995, ch 259, § 25; SL 1999, ch 223, § 2; SL 2006, ch 234, § 3.
S.D. Codified Laws § 49-45-27 — SD Code / Title 49 / Chapter 45 / Section 49-45-27
Owner, manager, or chief executive officer responsible for violation is subject to criminal penalty
Status: in_force

The owner, manager, or chief executive officer of a grain buyer, or any other person in a managerial position, who is responsible for any violation of this chapter by a grain buyer is subject to any criminal penalty that applies to a grain buyer under the provisions of this chapter.

Source: SL 2013, ch 238, § 19, eff. Apr. 1, 2013.
S.D. Codified Laws § 49-31-5.4 — SD Code / Title 49 / Chapter 31 / Section 49-31-5.4
Independent telecommunications companies--"Subscribers" defined
Status: in_force

The term "subscribers" as used in §§ 49-31-5.2 and 49-31-5.3 means either the person in whose name the telecommunications service is registered or the spouse of the person unless the independent telecommunications company has been notified in writing to the contrary.

Source: SL 1982, ch 329, § 5; SL 1992, ch 328, § 14.
S.D. Codified Laws § 49-43-56 — SD Code / Title 49 / Chapter 43 / Section 49-43-56
Maintenance of secure electronic central filing system--Promulgation of rules
Status: in_force

An independent provider shall file and maintain electronic warehouse receipts only on behalf of licensed warehouse operators who contract with the independent provider for those services. An independent provider shall maintain a secure electronic central filing system of electronic records including warehouse receipts and shall be independent of outside influence or bias in action or appearance. The provisions for issuance and cancellation of warehouse receipts found in this chapter apply to electronic warehouse receipts except to the extent the provisions are only applicable to paper receipts. The commission may promulgate rules in accordance with chapter 1-26 regarding the provisioning of a secure electronic central filing system of electronic documents by an independent provider, the approval or disapproval of the ability of an independent operator to operate in the state, and the issuance and cancellation of electronic warehouse receipts by an independent provider that operates in this state.

Source: SL 2012, ch 232, § 4.
S.D. Codified Laws § 49-16A-84 — SD Code / Title 49 / Chapter 16A / Section 49-16A-84
Authority to change grade of highway--Particular highways--Maintenance of highway--Maximum grade
Status: in_force

A railroad may raise or lower any public highway, not within the limits a municipality, for a railroad crossing, by petitioning the board of county commissioners, if the place is not a part of the state highway system, or by petition to the Department of Transportation if it is a part of the state system, but must guarantee to place and keep it in as good repair and condition as before the alteration was made, at its own expense. The grade approaching the crossing shall not exceed ten percent at any point thereof.

Source: SDC 1939, § 52.0828; SDCL, § 49-19-23; SL 1980, ch 322, § 83.
S.D. Codified Laws § 49-34A-107 — SD Code / Title 49 / Chapter 34A / Section 49-34A-107
Separation and protection of assets of gas and electric utilities
Status: in_force

Unless the commission otherwise orders:

(1) A public utility shall hold all owned or operated public utility assets in one or more legal entities separate and segregated from the legal entities of any nonutility subsidiaries or affiliates;

(2) All secured debt of a public utility may be used only for public utility purposes. If more than twenty percent of a public utility's secured assets are divested, the debt shall follow the assets or be retired in the same proportion as the divested assets; and

(3) No public utility may extend credit to any of its nonutility subsidiaries or affiliates, pledge the assets of the public utility as collateral for the use or benefit of any of its nonutility subsidiaries or affiliates, or guarantee any debt or obligations of any of its nonutility subsidiaries or affiliates.

Any public utility which does not comply with the provisions of this section shall have two years within which to become compliant. Notwithstanding any provision of this section, after notice and opportunity for hearing, the commission may grant a waiver of any provision of this section if the commission finds a waiver would not pose an undue risk to the operation of the public utility and is in the public interest.

Source: SL 2008, ch 245, § 1.
S.D. Codified Laws § 49-31-49 — SD Code / Title 49 / Chapter 31 / Section 49-31-49
Telecommunication or communication device remains property of state for three years
Status: in_force

A telecommunication or communication device furnished by the Department of Human Services pursuant to the provisions of §§ 49-31-47 to 49-31-56 , inclusive, remains the property of the state for three years, after which it becomes the property of the recipient. During the initial three years, a person who receives a telecommunication or communication device from the department pursuant to the provisions of this section is liable to the department for the loss of or damage to the device. Any money collected by the department pursuant to the provisions of this section shall be deposited in the telecommunication fund from which the expenditure occurred.

Source: SL 1989, ch 401, § 2; SL 1997, ch 267, § 3; SL 2014, ch 221, § 3.
S.D. Codified Laws § 49-31-18 — SD Code / Title 49 / Chapter 31 / Section 49-31-18
Access provided to companies doing business in same vicinity--Discrimination prohibited
Status: in_force

Every telecommunications company shall provide access for any other telecommunications company doing business in the same vicinity that makes application therefor and shall afford all reasonable and proper facilities for such access, for reasonable compensation and without discrimination, and under rules the commission may prescribe. To provide access facilities at reasonable rates and to enhance and preserve universal service, the commission may establish methods designed to determine and implement fair and reasonable access rates by rules promulgated pursuant to chapter 1-26 .

Source: SDC 1939, § 52.1316; SL 1947, ch 235; SL 1987, ch 345, § 65; SL 1988, ch 375, § 23; SL 1992, ch 328, § 26.
S.D. Codified Laws § 49-1-8.2 — SD Code / Title 49 / Chapter 1 / Section 49-1-8.2
Executive director--Appointment--Duties--Signature on behalf of commission
Status: in_force

The Public Utilities Commission may appoint an executive director who shall serve at the pleasure of the commission. The executive director shall serve as the chief administrative officer of the commission and shall be directly responsible to all the members of the commission. The executive director shall carry out those functions that have been delegated to him by the commission or any of its members. The executive director may sign all orders, tariffs, and other documents on the commission's behalf and at the request of the commission after their review. At the time of signature the executive director shall indicate on the face of the document that he has been authorized to sign the document at the request of the commission or individual members. The executive director may not conduct or administer the office so as to discriminate against any of the commission members.

Source: SL 1979, ch 308; SL 1983, ch 333, § 1; SL 1991, ch 380, § 2.
S.D. Codified Laws § 49-30-9 — SD Code / Title 49 / Chapter 30 / Section 49-30-9
Powers of corporation--Transmission of messages
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 take and transmit messages over its lines of telegraph or telephone by power or force of electricity, and to receive compensation therefor, and to do all the business incident to telegraph or telephone corporations.

Source: SDC 1939, § 52.1311 (6).
S.D. Codified Laws § 49-36-3 — SD Code / Title 49 / Chapter 36 / Section 49-36-3
Certification of election districts by secretary of state--Number of directors--Additional information
Status: in_force

Not less than ninety days prior to any election, the secretary of the consumers power district shall certify to the secretary of state the names of the counties, municipalities and election precincts then comprising the district, and at the same time he shall certify the number of directors to be elected and the election districts or subdivisions in which they are to be elected, respectively. The secretary of the district shall also furnish to the secretary of state and officials of election such additional information as they may reasonably require in the proper performance of their duties in the conduct of elections, and the certification of the results of the same.

Source: SL 1950 (SS), ch 17, § 19; SDC Supp 1960, § 52.1719; SL 1989, ch 30, § 82.
S.D. Codified Laws § 49-13-14 — SD Code / Title 49 / Chapter 13 / Section 49-13-14
Determination of damages--Order directing payment
Status: in_force

The commission may determine the extent of any injury or damage which it finds to have been sustained by any person, telecommunications or motor carrier. If the commission determines that any person is entitled to reparation or to an award of damages, the commission shall make an order directing the telecommunications company or motor carrier to pay to such person the sum of money to which he may be entitled, on or before a named day.

Source: SDC 1939, § 52.0303; SL 1987, ch 345, § 26.
S.D. Codified Laws § 49-36-16 — SD Code / Title 49 / Chapter 36 / Section 49-36-16
Compensation for members of board of directors
Status: in_force

Members of the board of directors shall be paid their actual expenses while engaged in performing the duties of their office or otherwise engaged upon the business of the district. In addition thereto, they each shall receive as compensation for their services a sum to be determined by two - thirds or more of the members of the board of directors.

Source: SL 1950 (SS), ch 17, § 37; SDC Supp 1960, § 52.1737; SL 1983, ch 343; SL 1989, ch 403, § 18.
S.D. Codified Laws § 49-28-41.1 — SD Code / Title 49 / Chapter 28 / Section 49-28-41.1
Appearance before FMCSA--Department substituted as party
Status: in_force

If the department determines upon its own motion or upon the petition of a resident of this state that it is in the best interests of the state, it may appear before the FMCSA, the secretary, or the board as a party in all proceedings involving the regulation and control of motor carriers in interstate commerce. If any matter is pending before the FMCSA, the secretary, or the board between a resident of this state as petitioner and a motor carrier doing business in this state and engaged in interstate transportation of freights, charging the carrier with any violation of the Interstate Commerce Act, upon application of the petitioner, the department may appear therein and be substituted as a party in place of such petitioners and thereafter the matter shall be prosecuted by the department at the expense of the state in the same manner as though originally begun by it.

Source: SL 1987, ch 350, § 3; SL 1999, ch 223, § 10; SL 2006, ch 234, § 11.
S.D. Codified Laws § 49-36-5 — SD Code / Title 49 / Chapter 36 / Section 49-36-5
Precincts not within district--Attachment to adjacent county
Status: in_force

Any precincts in a county, the entire territory of which is not within a consumers power district, shall for voting purposes, be attached to an adjoining or adjacent county, which is within the district. Such adjoining or adjacent county shall furnish ballots to the election board of such precinct, and the result of the election shall be certified by the precinct election board to the county furnishing the ballots.

Source: SL 1950 (SS), ch 17, § 21; SDC Supp 1960, § 52.1721.
S.D. Codified Laws § 49-16A-57 — SD Code / Title 49 / Chapter 16A / Section 49-16A-57
Plat of proposed road filed with commissioner of school and public lands--Duplicate to register of deeds
Status: in_force

Each railroad authorized to construct a road in this state, that has surveyed its road, shall cause a plat of the road, clearly indicating the boundary line of the right - of - way and area in acres and fractions, to be certified by its chief engineer or president, and acknowledged, and filed with the commissioner of school and public lands, and a duplicate with the register of deeds of each county in which the land is situated.

Source: SDC 1939, § 52.0816; SDCL, § 49-20-6; SL 1980, ch 322, § 56.
S.D. Codified Laws § 49-31-3.1 — SD Code / Title 49 / Chapter 31 / Section 49-31-3.1
Approval required for discontinuance of noncompetitive telecommunications service
Status: in_force

A telecommunications company may not discontinue any noncompetitive telecommunications service without the express approval of the commission. A telecommunications company need only notify the commission of the discontinuance of any emerging competitive telecommunications service.

Source: SL 1988, ch 375, § 8; SL 1992, ch 328, § 4.
S.D. Codified Laws § 49-17-21 — SD Code / Title 49 / Chapter 17 / Section 49-17-21
Contracts for continuation and improvement of freight service
Status: in_force

The South Dakota Transportation Commission may enter into on behalf of the state and for any county or municipality, upon the request of the governing body of such county or municipality, compacts, contracts, or agreements with any state or states, and with public or private corporations operating railroad lines if such compact, contracts, or agreements are deemed necessary for the continuance or improvement of railroad freight service in South Dakota.

Source: SL 1978, ch 343, § 3.
S.D. Codified Laws § 49-41B-6 — SD Code / Title 49 / Chapter 41B / Section 49-41B-6
Designation of affected area--Local review committee--Committee composition--Participation notice--Waiver
Status: in_force

Within thirty days after the filing of an application for a permit for the construction of an energy conversion facility or AC/DC conversion facility, the commission shall designate the affected area and a local review committee composed of:

(1) The chair of the tribal council of each affected reservation;

(2) The president of the board of each affected school district;

(3) The chair of the board of county commissioners of each affected county;

(4) The mayor of each affected municipality; and

(5) A representative of the applicant utility designated by the utility.

Within ten days of the commission's designation pursuant to this chapter, the commission shall provide notice of the designation to each member of the committee.

If a member elects to participate in the committee process, the member must provide written notice of the election to the commission within sixty days after the filing of the application. Unless at least three members elect to participate, the requirements of §§ 49-41B-7 , 49-41B-8 , 49-41B-10 , and 49-41B-20 are waived, and the committee ceases to exist.

Source: SL 1977, ch 390, § 10; SL 2006, ch 242, § 3; SL 2026, ch 187, § 3.
S.D. Codified Laws § 49-39-2 — SD Code / Title 49 / Chapter 39 / Section 49-39-2
Pledging revenues as security for borrowing
Status: in_force

Any consumers power district issuing revenue debentures, notes, warrants, bonds or other evidences of indebtedness is specifically authorized and empowered to pledge all or any part of the revenues which the district may derive from the sale of electrical energy or other service as security for payment of the principal and interest thereon. Any pledge of revenues shall be made by the directors of the district by resolution or by agreement with the purchasers or holders of revenue debentures, notes, warrants, bonds or other evidences of indebtedness. Any pledge of revenues made by a consumers power district pursuant to this chapter is valid and binding from the date the pledge is made and creates a perfected security interest in the revenues pledged. The revenues pledged and held or thereafter received by the consumers power district or any fiduciary are immediately subject to the lien of the pledge without physical delivery or further act, and the lien of the pledge is valid and binding against all parties having claims of any kind in tort, contract or otherwise against the entity, without regard to whether the parties have notice thereof. Neither resolution or agreement with the purchasers or holders of revenue debentures, notes, warrants, bonds or other evidences of indebtedness by which a pledge is created nor any financing statement, continuation statement, or other instrument relating to the pledge are required to be filed or recorded in any manner.

Source: SL 1950 (SS), ch 17, § 46; SDC Supp 1960, § 52.1746; SL 1983, ch 345, § 1.
S.D. Codified Laws § 49-16B-38 — SD Code / Title 49 / Chapter 16B / Section 49-16B-38
Interim notes not indebtedness within constitutional or statutory limitations
Status: in_force

The interim notes do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.

Source: SL 1980, ch 323, § 34; SL 2010, ch 145, § 201.
S.D. Codified Laws § 49-31-58 — SD Code / Title 49 / Chapter 31 / Section 49-31-58
Alternative methods of assigning costs for certain services
Status: in_force

If it is determined to be in the public interest, the commission may utilize cost allocation methods other than fully distributed methods as provided for in § 49-31-4 for the assignment of costs among jointly provided noncompetitive services, emerging competitive services, or fully competitive services. In determining whether any alternative method of assigning costs is in the public interest the commission shall consider:

(1) The impact of the method on efforts to preserve universal telecommunications service;

(2) The extent to which the method will promote competition and facilitate the offering of advanced telecommunications services to all classes of ratepayers throughout the state; and

(3) Any other factors that the commission considers relevant to the public interest.

Source: SL 1995, ch 263, § 1.
S.D. Codified Laws § 49-16A-75.2 — SD Code / Title 49 / Chapter 16A / Section 49-16A-75.2
Railroad carries burden of proof to show public necessity
Status: in_force

The applicant has the burden of proving by a preponderance of the evidence that the exercise of the right of eminent domain is a public use consistent with public necessity.

Source: SL 1999, ch 222, § 6.
S.D. Codified Laws § 49-28A-3.3 — SD Code / Title 49 / Chapter 28A / Section 49-28A-3.3
Implementation of the 2004 federal hours-of-service amendment to preserve federal funding--Exemption
Status: in_force

If the United States Department of Transportation issues an official formal finding that one or more portions of § 49-28A-3 , §§ 49-28A-3.2 and 49-28A-3.3 , inclusive, may result in the loss of Federal Motor Carrier Safety Assistance Program funding, the Department of Public Safety may, by rule promulgated pursuant to chapter 1-26 , implement the 2004 federal hours - of - service amendment as may be appropriate to preserve such federal funding.

If federal law or regulations are amended, or otherwise altered under law, at any time to cause to be exempted a class or group of vehicles, which class or group would include such gas or electric utility service vehicles within this state, from the hours - of - service requirements, any exemption shall be effective in this state immediately for the duration of the federal exemption.

Source: SL 2004, ch 282, § 3.
S.D. Codified Laws § 49-34A-116 — SD Code / Title 49 / Chapter 34A / Section 49-34A-116
Electric vehicle charging station--Electric utility--Exception
Status: in_force

A person that owns or operates an electric vehicle charging station to resell or provide electricity to the public exclusively for electric vehicle charging is not an electric utility if the person has purchased the electricity from an electric utility that is engaging in the retail sale of electricity within the utility's assigned service area .

Source: SL 2022, ch 171, § 1.
S.D. Codified Laws § 49-16B-12 — SD Code / Title 49 / Chapter 16B / Section 49-16B-12
Transfer of jurisdiction or property to authority--Governor's approval
Status: in_force

Any department, board, commission, agency, or officer of the state may transfer jurisdiction of or title to any property under its or the officer's control to the authority if the transfer is approved, in writing, by the Governor, as being advantageous to the state.

Source: SL 1980, ch 323, § 12; SL 2010, ch 145, § 192.
S.D. Codified Laws § 49-36-9 — SD Code / Title 49 / Chapter 36 / Section 49-36-9
Removal of directors--Grounds for removal
Status: in_force

Members of the board of directors may be removed from office for the same reasons and in the same manner as provided by law for the removal of county officers under the provisions of §§ 3-17-6 to 3-17-9 , inclusive.

Source: SL 1950 (SS), ch 17, § 26; SDC Supp 1960, § 52.1726.
S.D. Codified Laws § 49-36-1.8 — SD Code / Title 49 / Chapter 36 / Section 49-36-1.8
Form of ballot prescribed by board
Status: in_force

The form of the nonpolitical consumers power district ballot shall be prescribed by the Board of Elections.

Source: SL 1989, ch 403, § 12.
S.D. Codified Laws § 49-34A-8 — SD Code / Title 49 / Chapter 34A / Section 49-34A-8
Criteria for determination of rates by commission
Status: in_force

The commission, in the exercise of its power under this chapter to determine just and reasonable rates for public utilities, shall give due consideration to the public need for adequate, efficient, economical, 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.

Source: SL 1975, ch 283, § 16; SL 1976, ch 296, § 9; SL 2007, ch 269, § 1.
S.D. Codified Laws § 49-31-11 — SD Code / Title 49 / Chapter 31 / Section 49-31-11
Discrimination prohibited--Civil fine
Status: in_force

No person or telecommunications company may unjustly or unreasonably discriminate between persons in providing telecommunications services or in the rate or price charged for those services. No telecommunications company may offer a rate or charge, demand, collect or receive from any person a greater or lesser compensation for any telecommunications service offered than it charges, demands, collects or receives from any other person for providing a like telecommunications service. No telecommunications company may make or give any unjust or unreasonable preference or advantage to any person, nor unjustly or unreasonably prejudice or disadvantage any person, in the provision of any telecommunications service. Notwithstanding any prohibitions in this section, upon application to the commission, any telecommunications company may after investigation by the commission, be authorized by the commission to charge special rates or to give certain preferences which are determined by the commission to be fair and reasonable.

Nothing in this section applies to volume discounts or to the provision of telecommunications services at reduced rates for the United States, this state, local governments or governmental subdivisions.

Whoever violates any of the provisions of this section is guilty of unjust discrimination and shall be punished by a civil fine not less than one thousand nor more than five thousand dollars for each violation. Nothing in this section may alter or eliminate any remedy otherwise available to an injured party, including an injured party's right to initiate a suit against the company guilty of discrimination pursuant to § 49-13-14.1 .

Source: SDC 1939, §§ 52.1317, 52.9925; SL 1983, ch 15, § 113; SL 1983, ch 331, § 10; SL 1987, ch 345, § 54; SL 1988, ch 375, § 15; SL 1992, ch 328, § 36.
S.D. Codified Laws § 49-34A-58 — SD Code / Title 49 / Chapter 34A / Section 49-34A-58
Adequacy of service determined by commission--Notice and hearing--Order to correct inadequacy--Transfer of rights on failure to comply
Status: in_force

The Public Utilities Commission may, after a hearing had upon due notice, make such findings as may be supported by proof as to whether any electric utility operating in an assigned territory is rendering or proposes to render adequate service to a customer, and in the event the commission finds that such electric utility is not rendering or does not propose to render adequate service, the commission may enter an order specifying in what particular said electric utility has failed to render or to propose to render adequate service in order that such failure be corrected within a reasonable time, such time to be fixed in such order. If the electric utility so ordered to correct such failure fails to comply with such order, the commission may authorize another electric utility to furnish retail service to such customer.

Source: SL 1975, ch 283, § 39.
S.D. Codified Laws § 49-16B-14 — SD Code / Title 49 / Chapter 16B / Section 49-16B-14
Department of Transportation's powers as to projects
Status: in_force

The Department of Transportation shall prepare or review and approve plans and specifications for and have supervision over any project to be undertaken by the authority.

Source: SL 1980, ch 323, § 14; SL 1996, ch 20, § 24.
S.D. Codified Laws § 49-31-32.2 — SD Code / Title 49 / Chapter 31 / Section 49-31-32.2
Liability of persons for illegal use of telephone or facility under their control--Violation as misdemeanor
Status: in_force

It is unlawful for any telephone subscriber or individual to permit knowingly any telephone or telephone facility connected to a local exchange telephone under the telephone subscriber's or the individual's control to be used for any purpose prohibited by §§ 49-31-32.1 to 49-31-32.3 , inclusive. A violation of this section is a Class 1 misdemeanor.

Source: SL 1989, ch 196, § 2.
S.D. Codified Laws § 49-16A-75.1 — SD Code / Title 49 / Chapter 16A / Section 49-16A-75.1
Commission to promulgate rules for railroad seeking to exercise eminent domain
Status: in_force

The commission shall in accordance with chapter 1-26 , promulgate rules:

(1) Establishing a form upon which a railroad may apply for authority to exercise the right of eminent domain;

(2) Specifying the information to be submitted by an applicant; and

(3) Administering applications for authority to exercise the right of eminent domain.

Source: SL 1999, ch 222, § 5.
S.D. Codified Laws § 49-34A-40 — SD Code / Title 49 / Chapter 34A / Section 49-34A-40
Commission access to utility premises to examine, test and inspect--Utility's right to representation--Utilities to cooperate and assist
Status: in_force

The commissioners and the duly authorized officers and employees of the Public Utilities Commission, during business hours, may enter upon any premises occupied by any public utility for the purpose of making examinations and tests and to inspect the accounts, books, papers and documents of any public utility for the purpose of exercising any power provided for in this chapter, and may set up and use on such premises any apparatus and appliance necessary therefor. Such public utility shall have the right to be represented at the making of such examinations, tests and inspections. Such public utility, its officers and employees, shall facilitate such examinations, tests and inspections by giving every reasonable aid to the commissioners and any person or persons designated by the commission for the duties aforesaid. Every public utility shall furnish to the commission upon request all evidence in its possession and all assistance in its power, requested by the commission, to aid it in its determinations.

Source: SL 1975, ch 283, § 27.
S.D. Codified Laws § 49-43-11 — SD Code / Title 49 / Chapter 43 / Section 49-43-11
Duty to receive grain--Exceptions--Violation as misdemeanor
Status: in_force

The lessee, owner, or manager of a public grain warehouse which has furnished a bond and received a public grain warehouse license, shall receive for storage all grain offered for storage at the warehouse, which at the time of the offer are in suitable condition for storage, and which are tendered in the usual course of business. However, a warehouse operator may refuse to store grain if the capacity of the warehouse is exhausted or for other good cause. If requested, a warehouse operator that refuses to store grain shall provide the person requesting storage with the reason for the refusal in writing. The written notice of refusal shall state that the person being refused storage may file a complaint with the commission contesting the refusal. A violation of this section is a Class 1 misdemeanor.

Source: SDC 1939, § 60.0316; SL 1983, ch 15, § 163; SL 1985, ch 376, § 33; SL 1986, ch 397, § 5; SL 2008, ch 249, § 17.
S.D. Codified Laws § 49-16A-74 — SD Code / Title 49 / Chapter 16A / Section 49-16A-74
Facilities for transferring freight or cars between railroads--Judicial apportionment of costs
Status: in_force

In case the connecting railroads cannot agree on the amount which each railroad shall pay pursuant to § 49-16A-73 , then the amount shall, upon application of either party, be determined by the circuit court for the county where transfer facilities are furnished.

Source: SDC 1939, § 52.0242; SDCL, § 49-21-15; SL 1980, ch 322, § 73.
S.D. Codified Laws § 49-34A-31 — SD Code / Title 49 / Chapter 34A / Section 49-34A-31
Prompt disposition of applications on securities and obligations--Continuance
Status: in_force

All applications to the Public Utilities Commission under the provisions of §§ 49-34A-29 and 49-34A-30 shall be disposed of promptly, and in any event within thirty days after petition is filed with the commission unless, for good cause, it is necessary to continue consideration thereof for a longer period. Whenever such application is continued beyond said thirty - day period the commission shall enter its order effecting such continuance and stating fully therein the facts requiring continuance for a designated period of time.

Source: SL 1975, ch 283, § 22; SL 1976, ch 296, § 23.
S.D. Codified Laws § 49-16A-60 — SD Code / Title 49 / Chapter 16A / Section 49-16A-60
Deed from Governor after construction of road and payment for land taken--Ascertaining value of land
Status: in_force

As soon as a road is constructed over such school and public lands, proven to the satisfaction of the Governor, and upon paying the full value of the lands taken, such 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 railroad constructing the road, the right to hold and use the lands for purposes 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.

Source: SDC 1939, § 52.0817; SDCL, § 49-20-9; SL 1980, ch 322, § 59.
S.D. Codified Laws § 49-31-116 — SD Code / Title 49 / Chapter 31 / Section 49-31-116
Required notice to subscribers of automatic renewal dates in certain telecommunications contracts
Status: in_force

Any telecommunications company having a contract with a subscriber for any retail telecommunications service that has a term of one year or more and that contains a provision requiring the subscriber to take any action to avoid automatic renewal of the contract for a renewal term greater than sixty days, shall give prior written notice to the subscriber of the action that the subscriber must take to avoid automatic renewal. The telecommunications company shall give notice to the subscriber not less than thirty and not more than sixty days before the date of the required action. The notice shall inform the subscriber in clear, plain and conspicuous language what action the subscriber must take to avoid renewal and the date by which the subscriber must take such action. If the company fails to give the notice required by this section, the automatic renewal provision may not be enforced against the subscriber, and the subscriber may terminate the contract at will following expiration of the original term without incurring any liability or penalty for early termination. The commission may promulgate rules pursuant to chapter 1-26 concerning the form, content, and means of delivery of the notice required by this section.

Source: SL 2004, ch 285, § 1.
S.D. Codified Laws § 49-34A-10 — SD Code / Title 49 / Chapter 34A / Section 49-34A-10
Tariffs and schedules filed by utilities--Public inspection
Status: in_force

Pursuant to rules promulgated under chapter 1-26 by the Public Utilities Commission, every public utility shall file with the commission, within such time and in such form as the commission may designate, tariffs and schedules showing the terms and conditions of service and all rates established by the public utility and collected or enforced, or to be collected or enforced, within the jurisdiction of the commission. The public utility shall keep copies of such tariffs and schedules open to public inspection under such rules as the commission may promulgate. Schedules and tariffs approved by the commission have the force and effect of law.

Source: SL 1970, ch 261, § 31; SDCL Supp, § 49-41-9.2; SL 1975, ch 283, § 3; SL 2004, ch 286, § 1.
S.D. Codified Laws § 49-16A-37 — SD Code / Title 49 / Chapter 16A / Section 49-16A-37
Interchange facilities required--Discrimination between connecting roads prohibited--Switching and transferring cars
Status: in_force

All railroads subject to this chapter shall, according to their respective powers, afford all reasonable, proper, and equal facilities for the interchange of traffic between their respective roads, and for the receiving, forwarding, and switching of cars and the receiving, forwarding, and delivering of freight to and from their several roads and to and from other roads and places connected therewith, and shall not discriminate in their accommodations, rates, and charges between connecting roads. Each railroad is required to switch and transfer cars for another for the purpose of being loaded or unloaded.

Source: SL 1980, ch 322, § 37.
S.D. Codified Laws § 49-37-7 — SD Code / Title 49 / Chapter 37 / Section 49-37-7
District as having no power to tax
Status: in_force

A consumers power district shall have no power of taxation, and no governmental authority shall have the power to levy or collect taxes for the purpose of paying, in whole or in part, any indebtedness or obligation of or incurred by the district or upon which the district may be or become in any manner liable.

Source: SL 1950 (SS), ch 17, § 43; SDC Supp 1960, § 52.1743.
S.D. Codified Laws § 49-41B-39 — SD Code / Title 49 / Chapter 41B / Section 49-41B-39
Financial security for decommissioning certain facilities
Status: in_force

All right and title in any financial security required by the commission for the decommissioning of a hybrid facility, wind turbines, or solar energy facilities must be controlled by the commission, in accordance with the terms of the financial security agreement or instrument, until the commission by order releases the security. The financial security of the person required to provide it may not be cancelled, assigned, revoked, disbursed, replaced, or allowed to terminate without commission approval.

The commission may require, accept, hold, or enter into any agreement or instrument for the provision of financial security, including any funds reserved or held by any person to satisfy or guarantee the obligation of an owner of wind turbines or solar energy facilities permitted under this chapter, to decommission and remove the wind turbines or solar energy facilities. The form, term, and conditions of the financial security are subject to the approval of the commission. The commission shall determine any claim upon the financial security made by any landowner for decommissioning and removal of turbines or solar energy facilities.

Any financial security provided under this chapter may not be pledged or used as security for any other obligation of the wind turbine or solar energy facilities owner, and is exempt from attachment or mesne process, from levy or sale on execution, and from any other final process issued from any court on behalf of third-party creditors of the owner of the wind turbines or solar energy facilities. Any commission decision based on any claim made by the owner of the wind turbines or solar energy facilities for refund or return of the financial security, or for actual expenses of decommissioning, or any related agreements, may be appealed.

The commission may appear in court and defend the integrity and viability of the financial security for purposes of decommissioning and removal of a hybrid facility, solar energy facility, or a wind turbine. The commission may not require any financial security from an owner of wind turbines or solar energy facilities who is also a public utility as defined in § 49-34A-1 .

Source: SL 2019, ch 202, § 1; SL 2022, ch 173, § 1; SL 2025, ch 193, § 3.
S.D. Codified Laws § 49-16B-13.1 — SD Code / Title 49 / Chapter 16B / Section 49-16B-13.1
Approval of expenditures by railroad board and Governor
Status: in_force

The authority shall receive approval for all proposed expenditures from the South Dakota State Railroad Board and the Governor.

Source: SL 1981, ch 100, § 5; SL 2010, ch 145, § 194.
S.D. Codified Laws § 49-30-2 — SD Code / Title 49 / Chapter 30 / Section 49-30-2
Affidavit of directors--Contents of affidavit--Filing with secretary of state
Status: in_force

There shall be annexed to the articles of incorporation described by § 49-30-1 an affidavit of at least three of the directors therein named that the signatures thereto are genuine and that it is intended in good faith to construct, or maintain and operate, the lines of telegraph or telephone therein mentioned, and thereupon such articles of incorporation and affidavit shall be filed in the office of the secretary of state, who shall endorse thereon the date of their filing and record the same.

Source: SDC 1939, § 52.1303.
S.D. Codified Laws § 49-50-5 — SD Code / Title 49 / Chapter 50 / Section 49-50-5
Water--Report on water usage to board--Public record
Status: in_force

The operator of a data center that is authorized to operate in this state pursuant to this chapter, shall, at the time and in the manner prescribed by the Board of Water Management, submit to the board a semi-annual report regarding the data center's water use. The report must contain average usage data and certify compliance with this section. The board shall make the usage data contained in the report available to the public.

Source: SL 2026, ch 190, § 6.
S.D. Codified Laws § 49-31-124 — SD Code / Title 49 / Chapter 31 / Section 49-31-124
Communications provider permitted to obtain confidential communications records through agents
Status: in_force

Sections 49-31-120 to 49-31-126 , inclusive, do not prohibit a communications provider, including any affiliate or subsidiary of a communications provider, from obtaining, using, disclosing, or permitting access to any confidential communications records information, either directly or indirectly through its agents as otherwise authorized by law.

Source: SL 2006, ch 238, § 5.
S.D. Codified Laws § 49-40-3 — SD Code / Title 49 / Chapter 40 / Section 49-40-3
Sale of consumers power district assets
Status: in_force

Any consumers power district may sell any power plant, electric generating plant, electric transmission, or distribution system, or any part thereof, for any sum and upon any terms that the board of directors of the district may consider fair and reasonable.

Source: SL 1950 (SS), ch 17, § 64; SDC Supp 1960, § 52.1763; SL 1983, ch 347, § 1; SL 2017, ch 198, § 1.
S.D. Codified Laws § 49-31-3.3 — SD Code / Title 49 / Chapter 31 / Section 49-31-3.3
Investigation of telecommunications services--Ninety-day period--Reclassification--Burden of proof--Reclassification after 90 days
Status: in_force

The commission may, within ninety days after July 1, 1988, conclude an investigation into any or all of the telecommunications services listed in §§ 49-31-1.1 , 49-31-1.2 , and 49-31-1.3 to determine if any service is properly classified pursuant to the standards found in subdivisions 49-31-3.2 (1) to (5), inclusive. The commission may, after notice and hearing, reclassify any service to conform the classification of the service to the evidence and the standards in § 49-31-3.2 . The telecommunications company providing the service has the burden of proving the classification is appropriate. During this ninety - day period, any service subject to the investigation will remain under rate of return regulation. Upon expiration of the ninety - day period, reclassification of any service, even if hearings had commenced within the ninety days, will be pursuant to the provisions of § 49-31-3.4 .

Source: SL 1988, ch 375, § 5.
S.D. Codified Laws § 49-30-13 — SD Code / Title 49 / Chapter 30 / Section 49-30-13
Board of directors--Election--Terms of office--Director as stockholder
Status: in_force

There shall be a board of not less than three nor more than thirteen directors of every corporation organized under this chapter to manage its affairs, who shall be elected at the time, in the manner and for the terms as are prescribed by its bylaws, and shall hold their offices until the respective successors are chosen. No person may be a director unless the person is a stockholder, owning stock absolutely in the person's own name or as a trustee or personal representative, and qualified to vote at the election at which the person is chosen.

Source: SDC 1939, § 52.1305; SL 1943, ch 178; SL 1955, ch 227, § 1; SL 2018, ch 265, § 2.
S.D. Codified Laws § 49-28-3 — SD Code / Title 49 / Chapter 28 / Section 49-28-3
Motor carrier status as question of fact
Status: in_force

Whether or not a motor vehicle, trailer, or semitrailer is operated by a motor carrier within the meaning of subdivisions 49-28-1(7) and (8) is a question of fact to be determined by the department.

Source: SDC 1939, § 44.0401 (9); SL 1939, ch 173; SL 1949, ch 168; SL 1950 (SS), ch 10; SL 1953, ch 236; SL 1955, ch 178; SL 1985, ch 374, § 4; SL 1995, ch 259, § 2; SL 2006, ch 234, § 2.
S.D. Codified Laws § 49-28-64 — SD Code / Title 49 / Chapter 28 / Section 49-28-64
Discrimination, false statements or documents, and evasion of regulation as misdemeanors
Status: in_force

Any carrier or any officer, employee, agent, or representative thereof who knowingly and willfully fraudulently seeks to evade or defeat regulation as in this chapter provided for motor carriers is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 44.9931 as enacted by SL 1949, ch 177; SL 1985, ch 374, § 46; SL 1995, ch 259, § 33.
S.D. Codified Laws § 49-16B-28 — SD Code / Title 49 / Chapter 16B / Section 49-16B-28
Bonds--Statements on face
Status: in_force

Each bond shall state upon its face that it is payable solely from revenues derived by the authority from the operation of facilities acquired, constructed, improved, or equipped in whole or in part with the proceeds of the sale of such bonds, including income to be derived from rental leases as provided in §§ 49-16B-15 to 49-16B-21 , inclusive. Each bond shall state upon its face that it does not constitute an obligation of the State of South Dakota within the meaning of any provisions of the Constitution or statutes of the State of South Dakota.

Source: SL 1980, ch 323, § 27.
S.D. Codified Laws § 49-7A-35 — SD Code / Title 49 / Chapter 7A / Section 49-7A-35
Annual report of board
Status: in_force

On the first day of January of each year, the board shall make an annual report of its activities to the Governor and the Legislature containing the facts, statements, and explanations deemed necessary by the board to fully disclose its transactions and conduct.

Source: SL 2018, ch 261, § 3, eff. July 1, 2019.
S.D. Codified Laws § 49-31-7 — SD Code / Title 49 / Chapter 31 / Section 49-31-7
Improvement of business and equipment--Notice to company from commission
Status: in_force

In addition to the regulatory powers and duties provided by chapters 49-1 to 49-13 , inclusive, and this chapter, the commission may conduct any investigations that are necessary to protect the public interest. The commission may order such changes or improvements in telecommunications facilities, exchanges or networks as necessary for the improvement of telecommunications service and the convenience of the public. If, in the judgment of the commission, any repair upon telecommunications facilities, a change in its rates, a change in the mode of operating telecommunications facilities or conducting telecommunications company business is necessary, reasonable and expedient in order to promote the safety, convenience and accommodation of the public, the commission shall notify the telecommunications company immediately, and such telecommunications company shall change the mode of operating its facilities or conducting its business, or repair, renew or replace such facilities in such manner, of such material and within such time as the commission may order.

Source: SDC 1939, §§ 52.0202, 52.1318; SDCL, §§ 49-3-7, 49-3-8; SL 1979, ch 307, §§ 21, 22; SL 1987, ch 345, § 48; SL 1992, ch 328, § 15.
S.D. Codified Laws § 49-36-10 — SD Code / Title 49 / Chapter 36 / Section 49-36-10
Exercise of power by board of directors
Status: in_force

The corporate powers of a consumers power district shall be vested in and exercised by the board of directors of the district.

Source: SL 1950 (SS), ch 17, § 27; SDC Supp 1960, § 52.1727.
S.D. Codified Laws § 49-39-9 — SD Code / Title 49 / Chapter 39 / Section 49-39-9
Default on bonds--Operation of district by creditors--Priority of payment--Restoration of district to control
Status: in_force

In order to protect and safeguard the security and the rights of the purchasers or holders of revenue debentures, notes, warrants, or other evidences of indebtedness, issued by any consumers power district under this chapter, such district may agree with such purchasers or holders that in the event of default in the payment of interest on, or principal of, any such revenue debentures, notes, warrants, or other evidences of indebtedness, or in the event of default in performance of any duty or obligation of such district in connection therewith, such purchasers or holders, or trustee selected by them, may take possession and control of the business and the property of the district, and proceed to operate the same, and to collect and receive the income thereof, and after paying all necessary and proper operating expenses and all other proper disbursements or liabilities made or incurred, use the surplus, if any there be, of the revenues of the district as follows:

(1) In the payment of all outstanding past - due interest on each issue of revenue debentures, notes, warrants, or other evidences of indebtedness, so far as such net revenues will go, and paying pro rata the interest due on each issue thereof when there is not enough to pay in full all of the interest; and

(2) If any sums shall remain after the payment of interest as aforesaid, then in the payment of the revenue debentures, notes, warrants, or other evidences of indebtedness, which, by the terms thereof, shall be due and payable on each outstanding issue in accordance with the terms thereof, and paying pro rata when the money available is not sufficient to pay in full.

When all legal taxes and charges, and all arrears of interest, and all matured revenue debentures, notes, warrants, or other evidences of indebtedness, have been paid in full, the control of the business and the possession of the property of the district shall then be restored to such district. The privilege herein granted shall be a continuing one as often as the occasion therefor may arise.

Source: SL 1950 (SS), ch 17, § 62; SDC Supp 1960, § 52.1761.
S.D. Codified Laws § 49-16A-89.2 — SD Code / Title 49 / Chapter 16A / Section 49-16A-89.2
Alarm or lighting device required where railroad crosses state trunk highway system
Status: in_force

Any railroad tracks over which an operating train travels which crosses a portion of the state trunk highway system, as defined in chapter 31-4 , shall have a crossing alarm or a lighting device, or both, to alert the public of approaching trains and to notify the public of trains crossing the highway. The crossing alarm or lighting device shall be in place by December 31, 1998. The Department of Transportation shall decide the method which is most suitable for the protection of the public. The Department of Transportation shall use any federal highway safety funds to pay for the crossing alarms and lighting devices. However, if federal highway safety funds are not available, the railroad owning or operating the tracks is liable for the expenses of the crossing alarm or lighting device.

Source: SL 1996, ch 272.
S.D. Codified Laws § 49-11-9 — SD Code / Title 49 / Chapter 11 / Section 49-11-9
Order requiring carrier to make refund--Filing sworn report of refund--Violation as misdemeanor
Status: in_force

If, upon the final determination of litigation in which the operation of such law, order, resolution, or ordinance has been stayed, suspended, or enjoined, it is determined that the rates or charges fixed in such law, order, resolution, or ordinance are legal and valid, the Public Utilities Commission shall give notice to the common carrier, public utility, or public service corporation interested, hold a formal hearing and make and enter findings, conclusions and an order requiring the common carrier, public utility, or public service corporation immediately to make a refund persons from whom it has received charges in excess of the rates fixed in such law, order, resolution, or ordinance, and to file with the commission a sworn report, within the time fixed by the order of the commission, showing the amount of money refunded, to whom, and the date of refundment.

A violation of this section or a Public Utilities Commission order issued pursuant to this section by a common carrier, public service corporation, or other public utility subject to this title or by an officer, agent, or employee of such companies is a Class 2 misdemeanor.

Source: SDC 1939, § 52.0404; SL 1983, ch 15, § 107.
S.D. Codified Laws § 49-11-7 — SD Code / Title 49 / Chapter 11 / Section 49-11-7
Reports filed during period of stay--Contents--Failure as misdemeanor
Status: in_force

If a state law, Public Utilities Commission order, or county or municipal order, resolution, or ordinance fixing rates or charges for service to be rendered by a public utility or public service corporation, has been stayed, suspended, or enjoined, the common carrier, public utility, or public service corporation upon whose application the operation and enforcement was stayed, suspended or enjoined, shall file, during the pendency of such litigation and until its final determination, with the Public Utilities Commission, monthly reports showing any rate or charge exacted in violation of the provisions of such law, order, resolution, or ordinance, the total amount of money received, from whom and what for, the rate which should have been exacted under the terms of such law, order, resolution, or ordinance, the total amount of money which should have been received thereunder, and the amount of the refund to be made if the rates or charges fixed in such law, order, resolution, or ordinance are determined to be legal and valid.

The violation of this section or a Public Utilities Commission order issued pursuant to this section by a common carrier, public service corporation, or other public utility subject to this title or by an officer, agent, or employee of such companies is a Class 2 misdemeanor.

Source: SDC 1939, § 52.0403; SL 1979, ch 307, § 74; SL 1983, ch 15, § 105.
S.D. Codified Laws § 49-7A-4 — SD Code / Title 49 / Chapter 7A / Section 49-7A-4
Rules--Operating procedures
Status: in_force

The One - Call Notification Board shall by rules, promulgated pursuant to chapter 1-26 , establish the procedures to operate a nonprofit one - call notification center, establish the procedures that regulate the notification process and marking of underground facilities to prevent damage to underground facilities, establish the procedures for gathering information from facility operators that could further improve the ability to reduce damage to underground facilities, establish a competitive bidding procedure to select a vendor to provide the notification service, and establish a procedure whereby members of the one - call notification center share in the costs of the one - call notification center.

Source: SL 1993, ch 346, § 4; SL 1994, ch 354, § 3; SL 1997, ch 263, § 14; SL 2002, ch 211, § 2.
S.D. Codified Laws § 49-34B-23 — SD Code / Title 49 / Chapter 34B / Section 49-34B-23
Acceptance of federal moneys
Status: in_force

The commission may accept any moneys made available to this state by the United States of America or any department or agency thereof with respect to prescribing, setting, and enforcing rules and safety standards for the transportation of natural and other gas by pipelines in accordance with federal law. Any moneys received shall be credited to the pipeline safety account, established pursuant to § 49-34B-9 . The commission may do anything not contrary to the laws of this state or required of this state by federal law in order to obtain such federal money.

Source: SL 1994, ch 357, § 22.
S.D. Codified Laws § 49-41B-5.2 — SD Code / Title 49 / Chapter 41B / Section 49-41B-5.2
Notification of area landowners by mail--Time for notification--Copy of application filed with county auditor
Status: in_force

Within thirty days following the filing of an application for permit, the applicant shall notify, in writing, the owner of record of any land that is located within one-half mile of the proposed site where the facility is to be constructed. For purposes of this section, the owner of record is limited to the owner designated to receive the property tax bill sent by the county treasurer. The notice shall be mailed by certified mail. The notice shall contain a description of the nature and location of the facility. Any notification required by this section shall state the date, time, and location of the public input meeting. The applicant shall also file a copy of the application with the auditor of each county in which the proposed facility will be located.

Source: SL 2006, ch 242, § 7; SL 2008, ch 246, § 1; SL 2010, ch 226, § 4; SL 2019, ch 200, § 4.
S.D. Codified Laws § 49-34A-30 — SD Code / Title 49 / Chapter 34A / Section 49-34A-30
Short-term obligations permitted without commission approval--Maximum outstanding
Status: in_force

Section 49-34A-29 shall not apply to the issue or renewal of, or assumption of liability on, a note or draft maturing not more than one year after the date of such issue, renewal, or assumption of liability, and aggregating, together with all other then outstanding notes and drafts of a maturity of one year or less on which such public utility is primarily or secondarily liable, not more than five percentum of the par value of the other securities of the public utility then outstanding. In the case of securities having no par value, the par value for the purpose of this section shall be the fair market value as of the date of issue.

Source: SL 1975, ch 283, § 21.
S.D. Codified Laws § 49-1-2 — SD Code / Title 49 / Chapter 1 / Section 49-1-2
Election of public utilities commissioners--Qualifications and term of office--Vacancies
Status: in_force

The Public Utilities Commission shall be comprised of three commissioners. Each commissioner shall be elected from, and represent, the state at large. At each general election there shall be elected one Public Utilities Commissioner having the qualifications prescribed by law. Each commissioner shall hold office for a term of six years from the first Tuesday after the first Monday in January following his election, until his successor is elected and qualified.

Source: SDC 1939, § 52.0102; SL 1992, ch 325, § 2.
S.D. Codified Laws § 49-16C-5 — SD Code / Title 49 / Chapter 16C / Section 49-16C-5
Expenditures to match federal funds
Status: in_force

The South Dakota State Railroad Board may, with the approval of the Governor, expend funds from the railroad trust fund to match federal railroad rehabilitation funds.

Source: SL 1981, ch 100, § 9.
S.D. Codified Laws § 49-16A-82 — SD Code / Title 49 / Chapter 16A / Section 49-16A-82
Purchase of land--Failure to agree upon price--Determination by circuit court
Status: in_force

A railroad may purchase and use real property for a price to be agreed upon with its owners. The damages to be paid for any real property taken, when not agreed on, shall be determined by the circuit court for the county where the real property is situated, in conformity with the law pertaining to condemnation proceedings.

Source: SDC 1939, § 52.0813; SDCL, § 49-20-2; SL 1980, ch 322, § 81.
S.D. Codified Laws § 49-13-6 — SD Code / Title 49 / Chapter 13 / Section 49-13-6
Docket--Contents--Index
Status: in_force

The commission shall keep a docket in which shall be entered all matters coming before it for determination, with the date of the filing of each paper and the final action of the commission in the matter. In connection with such docket there shall be kept a carefully prepared index in which the names of the parties shall be cross - indexed under the names of both the plaintiff and defendant.

Source: SDC 1939, § 52.0305; SL 1987, ch 345, § 22.
S.D. Codified Laws § 49-31-126 — SD Code / Title 49 / Chapter 31 / Section 49-31-126
Civil action for violation--Double damages, costs, and attorney's fees
Status: in_force

Any customer or communications provider who claims to have been adversely affected by any act or practice declared to be unlawful by §§ 49-31-121 or 49-31-122 may bring a civil action against the person who violated §§ 49-31-121 or 49-31-122 for the recovery of twice the actual damages suffered or five hundred dollars, whichever is greater, as a result of the willful act or practice. In addition, the customer or communications provider may collect court costs and reasonable attorney fees expended by the customer to bring an action under this section.

Source: SL 2006, ch 238, § 7.
S.D. Codified Laws § 49-16A-75 — SD Code / Title 49 / Chapter 16A / Section 49-16A-75
Eminent domain power--Authorization by Governor or commission required--Hearing on application
Status: in_force

A railroad may exercise the right of eminent domain in acquiring right-of-way as provided by statute, but only upon obtaining authority from the Governor or if directed by the Governor, or the commission, based upon a determination by the Governor or the commission that the railroad's exercise of the right of eminent domain would be for a public use consistent with public necessity. The Governor or the commission shall consider the requirements of §§ 49-16A-75.1 to 49-16A-75.3 , inclusive, when granting or denying an application for authority to use eminent domain. The decision to grant or deny an application shall be made after reasonable notice and opportunity to be heard, pursuant to chapter 1-26 . However, an impartial hearing examiner may be appointed by the Governor or the commission to administer the proceedings or make recommendations. Any parties who are united in interest or representation shall unite in the filing of an affidavit for change of hearing examiner under the provisions of § 1-26D-10 . The filing of such affidavit by one party is deemed to be filed by all of the parties. No more than one change of hearing examiner may be granted on request or affidavit made by or on behalf of the same party or parties united in interest under the provisions of § 1-26D-10 . However, the filing of an affidavit and the first change of hearing examiner does not prevent any other party to the action or any party's attorney from obtaining a change in hearing examiner upon a showing of an unacceptable risk of actual bias or prejudice concerning a party. The Governor or the chair of the commission shall replace the hearing examiner within five business days upon any recusal. A hearing shall be held and a decision rendered on any application within ninety days following the receipt of a new application and upon any application pending before the Governor or the commission on July 1, 2008.

The denial or withdrawal of an application does not prejudice the ability of a railroad to resubmit an application. Any appeal, pursuant to chapter 1-26 , taken from a decision of the Governor or the commission shall be handled as an expedited appeal by the courts of this state.

Source: SL 1980, ch 322, § 74; SL 1999, ch 222, § 4; SL 2008, ch 238, § 1.
S.D. Codified Laws § 49-1A-6 — SD Code / Title 49 / Chapter 1A / Section 49-1A-6
Penalty for late payment--Collection procedure
Status: in_force

If the tax levied under this chapter is not paid on the due date, a penalty of ten percent of the amount of the tax shall be imposed for each month of such delinquency. The tax may be enforced and collected by distress and sale of the personal property of such company in the same manner as is provided for the collection of mobile home taxes pursuant to chapter 10-22 .

Source: SL 1975, ch 112, § 6; SL 1992, ch 80, § 218; SL 1994, ch 352, § 4.
S.D. Codified Laws § 49-1-7 — SD Code / Title 49 / Chapter 1 / Section 49-1-7
Salary of commissioners
Status: in_force

The annual salary of each member of the Public Utilities Commission shall be set by the Bureau of Human Resources and Administration in accordance with the provisions of chapter 3-6D .

Source: SDC 1939, § 52.0106; SL 1945, ch 216; SL 1947, ch 234, § 1; SL 1951, ch 257; SL 1953, ch 279; SL 1955, ch 226; SL 1957, ch 268; SL 1961, ch 264; SL 1963, ch 294; SL 1965, ch 260; SL 1968, ch 196, § 1; SL 1972, ch 16, § 12; SL 1974, ch 31, § 10; SL 1977, ch 6, § 10; SL 1978, ch 24, § 12; SL 1980, ch 9, § 7; SL 1981, ch 3, § 9; SL 1982, ch 6, § 7; SL 1983, ch 2, § 10; SL 1984, ch 2, § 7; SL 1985, ch 3, § 10; SL 1986, ch 11, § 10; SL 1988, ch 8, § 11; SL 1989, ch 7, § 6; SL 1991, ch 2, § 7; SL 1992, ch 29, § 2; SL 2012, ch 23, § 100; SL 2024, ch 1 (Ex. Ord. 24-1), § 35, eff. Apr. 8, 2024.
S.D. Codified Laws § 49-37-13 — SD Code / Title 49 / Chapter 37 / Section 49-37-13
Privilege tax levied against district
Status: in_force

For the privilege of engaging in the business of generating, distributing, transmitting, purchasing, selling electric energy for public use, or any other business as provided in chapters 49-35 to 49-40 , inclusive, there is levied upon, and shall be collected from, each consumers power district an occupational excise tax equal to all the taxes, including, but not limited to, licenses, excise, property, and special assessment taxes, except federal taxes, which a person, partnership, limited liability company, association, or private corporation engaged in a similar business would be required to pay.

Source: SL 1950 (SS), ch 17, § 66; SDC Supp 1960, § 52.1765; SL 1994, ch 351, § 138.
S.D. Codified Laws § 49-47-2 — SD Code / Title 49 / Chapter 47 / Section 49-47-2
Promulgation of rules
Status: in_force

Within twelve months of July 1, 2015, the commission shall promulgate rules, pursuant to chapter 1-26 , concerning:

(1) Acceptable standards for measurements of stray voltage;

(2) Procedures and requirements for testing used to measure stray voltage;

(3) Responsibilities of dairy producers, including notice requirements and cooperation with measuring and testing procedures conducted by electric utilities;

(4) Responsibilities of electric utilities, including response to notices from dairy producers;

(5) Tests used to detect and measure stray voltage;

(6) Qualifications of persons performing and analyzing results of stray voltage tests;

(7) Requirements for stray voltage measuring and recording equipment;

(8) Protocols for persons performing stray voltage tests; and

(9) Remediation guidelines.

The commission shall review the rules from time to time, or upon petition to the commission, to ensure that the rules adopted by the commission to establish uniform procedures and protocols continue to be the most scientifically and technologically accurate and reliable means of detecting stray current or voltage. Any measurements of stray current or voltage not made in compliance with commission rules shall be inadmissible before the commission or in any civil action. The commission rules shall be applicable to dairy producers, electric utilities, and all persons or entities involved in any way in the measurement or remediation of stray current or voltage in this state.

Source: SL 2015, ch 237, § 2.
S.D. Codified Laws § 49-46-2 — SD Code / Title 49 / Chapter 46 / Section 49-46-2
Rules for development and implementation of program--Submission of program plan to federal Department of Energy
Status: in_force

The office may promulgate, monitor and enforce rules pursuant to chapter 1-26 for the development and implementation of a residential conservation service program in furtherance of the National Energy Conservation Policy Act, 42 USC 8201, et seq. The office shall submit to the United States Department of Energy a state plan describing the requirements of the program, as required by the federal law described in this section.

Source: SL 1981, ch 345, § 2.
S.D. Codified Laws § 49-34A-51 — SD Code / Title 49 / Chapter 34A / Section 49-34A-51
Application for determination by commission of price for municipal purchase of electric facilities in annexed area
Status: in_force

In the event the municipality and the electric utility involved are unable to agree as to the amount of the payment specified in § 49-34A-50 , the municipality or the electric utility may file an application with the Public Utilities Commission requesting that the commission, after notice and hearing, determine the amount of the payment in accordance with the provisions of § 49-34A-50 .

Source: SL 1975, ch 283, § 42 (3).
S.D. Codified Laws § 49-43-10 — SD Code / Title 49 / Chapter 43 / Section 49-43-10
Yearly grain measurement--Additional reports--Violation as misdemeanor
Status: in_force

Each public grain warehouse shall obtain a yearly measurement of all the grain in its facility and shall provide the results of the measurement to the commission along with a daily position report as of the time of the measurement. The measurement shall be performed by a qualified person independent of the warehouse. If the commission finds the person performing the measurement is not qualified or independent, the commission may require a different person to perform the measurement.

The commission may also require the operator of a public grain warehouse to furnish under oath, a written report showing the condition and management of the business, the total number of bushels of each kind and grade of grain purchased and in store, the number delivered out, the number remaining in store at the date of the report, and any other information regarding the business of the public grain warehouse which the commission requires. A violation of this section is a Class 1 misdemeanor.

No warehouse need weigh the grain on hand more than once in each year, unless the commission requires an additional measurement as part of an investigation of the warehouse. If required by the commission, a warehouse shall measure its grain inventory at its expense. The commission shall designate a person who is qualified to perform the measurement, which may be an agent or employee of the warehouse or a third party as appropriate under the circumstances of the investigation.

Source: SDC 1939, § 60.0310; SL 1983, ch 15, § 162; SL 1985, ch 376, § 32; SL 1992, ch 332, § 4; SL 2008, ch 249, § 16.
S.D. Codified Laws § 49-42A-1 — SD Code / Title 49 / Chapter 42A / Section 49-42A-1
Public storage warehouse defined
Status: in_force

A public storage warehouse is a public warehouse where any personal property except grain, as defined in subdivision 49-45-1.1 (2), is received for storage for hire and that generates more than five thousand dollars in gross income from storage for hire per calendar year. A public storage warehouse does not include self- storage units where the depositor's personal property is kept separate from the personal property of other depositors.

Source: SL 1985, ch 376, § 10; SL 1986, ch 397, § 1; SL 1996, ch 277, § 6; SL 2008, ch 248, § 1.
S.D. Codified Laws § 49-16B-3 — SD Code / Title 49 / Chapter 16B / Section 49-16B-3
Railroad authority created--Members
Status: in_force

There is created the South Dakota Railroad Authority, a body corporate and politic. The governing board of the South Dakota Railroad Authority shall be comprised of the members of the South Dakota State Railroad Board, as provided by § 1-44-25 .

Source: SL 1980, ch 323, § 3; SL 2011, ch 74, § 7; SL 2014, ch 218, § 1.
S.D. Codified Laws § 49-16B-18 — SD Code / Title 49 / Chapter 16B / Section 49-16B-18
Lease provisions for lessee's payment of taxes, insurance and other costs
Status: in_force

The lease may provide that the lessee shall, as additional rent for the leased premises, pay all taxes assessed against the leased premises if any, and the cost of insuring, maintaining, repairing, and operating the facilities.

Source: SL 1980, ch 323, § 18.
S.D. Codified Laws § 49-16A-42 — SD Code / Title 49 / Chapter 16A / Section 49-16A-42
Sale or lease of road, property, rights, privileges, and franchises authorized
Status: in_force

A railroad may sell or lease the whole or any part of its road within this state, constructed or to be constructed, together with all property, rights, privileges, and franchises appertaining thereto, to any railroad organized or existing pursuant to the laws of the United States or this state, or of any other state of the United States.

Source: SDC 1939, § 52.0808; SDCL, § 49-19-8; SL 1980, ch 322, § 42.
S.D. Codified Laws § 49-32A-20 — SD Code / Title 49 / Chapter 32A / Section 49-32A-20
Annexation of contiguous territory--Procedure
Status: in_force

The board of county commissioners may annex contiguous territory by ordinance in accordance with the procedures outlined in chapter 1-24 .

Source: SL 1976, ch 76, § 15.
S.D. Codified Laws § 49-34B-5 — SD Code / Title 49 / Chapter 34B / Section 49-34B-5
Noncompliance--Hearing--Corrective action
Status: in_force

Any person who engages in the intrastate transportation of gas or who owns or operates intrastate gas pipeline facilities shall at all times after the effective date of any applicable safety standard established under this chapter comply with the requirements of the standard. If the commission finds, after notice and opportunity for hearing, that a person has failed to comply with any applicable safety standard, the commission may order the person to take necessary corrective action to comply with the standard. Corrective action may include suspended or restricted use of the facility, physical inspection, testing, repair, replacement, or other action, as appropriate. The commission may issue an order without notice and opportunity for hearing if the commission determines that to do otherwise would result in the likelihood of serious harm to life, health, environment, or property. The commission shall include in such an order an opportunity for hearing as soon as practicable after issuance of the order.

Source: SL 1994, ch 357, § 4.
S.D. Codified Laws § 49-37-4.1 — SD Code / Title 49 / Chapter 37 / Section 49-37-4.1
Contract to designate party as agent for itself and district--Delegation of contractual powers to agent
Status: in_force

Any consumers power district may contract, in cooperation with others in an electric generation or transmission facility, for the designation of one of the contracting parties as agent on behalf of itself and a consumers power district. Such contract may provide that one of the participants as agent of a consumers power district may make, execute and enter into contracts and let contracts without bids, settle claims, and perform the powers, duties and functions delegated to the agent by the consumer power district with respect to the construction, operation, and maintenance of an electric generation and transmission facility.

Source: SL 1977, ch 394, § 3.
S.D. Codified Laws § 49-35-15 — SD Code / Title 49 / Chapter 35 / Section 49-35-15
Submission to electors--Procedure for conducting election
Status: in_force

Upon the receipt of the certificate of filing by any county auditor or municipal finance officer receiving the same from the secretary of state, the question shall be submitted to the electors of the proposed district at the next election. The manner of conducting and voting at elections for the formation of such districts under this chapter, opening and closing of polls, keeping poll lists, canvassing the votes, declaring the result, and certifying the returns shall be the same as provided by the general election laws of this state governing the election of county or municipal officers, as the case may be, except as otherwise provided in this chapter.

Source: SL 1950 (SS), ch 17, § 10; SDC Supp 1960, § 52.1710; SL 1998, ch 276, § 9.
S.D. Codified Laws § 49-45-17 — SD Code / Title 49 / Chapter 45 / Section 49-45-17
Recovery of damages for breach of obligation under bond--Notice to commission--Time for commission response
Status: in_force

Any person injured by the breach of any obligation of a grain buyer, for the performance of which a bond has been given under any of the provisions of this chapter, may sue on the bond in the person's own name in any court of competent jurisdiction to recover any damages the person may have sustained by reason of the breach. However, a person may sue on the bond only if the person has notified the commission of the person's intent to sue on the bond and if the commission has stated in writing that it does not intend to institute any proceedings regarding the bond. The commission shall respond in writing within sixty days of notification stating whether the commission intends to institute any proceedings regarding the bond. If the commission fails to respond in writing within the sixty days, the person may proceed to sue on the bond in the person's own name.

Source: SL 1989, ch 404, § 6; SL 2008, ch 251, § 16; SL 2011, ch 211, § 12; SL 2012, ch 232, § 10.
S.D. Codified Laws § 49-1A-7 — SD Code / Title 49 / Chapter 1A / Section 49-1A-7
Use of fund for utilities and telecommunications companies regulation expenses--Payment on warrants--Expenditure authorized
Status: in_force

All amounts deposited in the South Dakota Public Utilities Commission gross receipts tax fund are appropriated to the use of the Public Utilities Commission for its expenses in regulating public utilities as defined in chapter 49-34A and telecommunications companies as defined in subdivision 49-31-1(26). Such expenses may be paid out of the fund on warrants drawn by the state auditor upon duly itemized vouchers. The funds necessary for such expenses are hereby authorized to be expended. The funds may not be expended for any other operations of state government.

Source: SL 1975, ch 112, § 7; SL 1976, ch 292, § 3; SL 1979, ch 309, § 1; SL 1991, ch 381, § 6; SL 2003, ch 235, § 5.
S.D. Codified Laws § 49-28A-8 — SD Code / Title 49 / Chapter 28A / Section 49-28A-8
Acceptance and administration of grants and gifts
Status: in_force

The Department of Public Safety and the Department of Agriculture and Natural Resources may accept and administer grants and gifts for carrying out functions pursuant to this chapter, subject to the provisions of chapters 4-8 , 4-8 A and 4-8 B.

Source: SL 1981, ch 241, § 5; SDCL Supp, § 32-9-52; SL 1984, ch 309, § 6; SL 1991, ch 17, § 17; SL 2003, ch 272 (Ex. Ord. 03-1), § 22; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 49-16B-20 — SD Code / Title 49 / Chapter 16B / Section 49-16B-20
Nonpayment of rent--Maintenance, operation, or lease of facilities
Status: in_force

The authority may, in the event of nonpayment of rents reserved in such leases, maintain and operate the facilities and sites or execute leases of the facilities and sites to others for any suitable purposes.

Source: SL 1980, ch 323, § 20; SL 2010, ch 145, § 196.
S.D. Codified Laws § 49-31-70 — SD Code / Title 49 / Chapter 31 / Section 49-31-70
Application for certificate of authority--Notice
Status: in_force

An application for a certificate of authority to provide local exchange service shall set forth with particularity the proposed geographic territory to be served and provide information regarding the types of local exchange services to be provided. Each telecommunications company holding a certificate of authority to provide local exchange service within the geographic area where an applicant is seeking to provide local exchange service shall be provided notice of the application and be granted intervenor status in any commission proceeding on the application.

Source: SL 1998, ch 274, § 7.
S.D. Codified Laws § 49-34-12 — SD Code / Title 49 / Chapter 34 / Section 49-34-12
Assignment or discharge of security--Recordation with secretary of state--Description of property
Status: in_force

Any trust deed or mortgage described in § 49-34-9 may be assigned or discharged by filing for record in the office of the secretary of state and in the office of the register of deeds of each county, if any, in which the trust deed or mortgage shall have been filed for record an instrument of assignment or discharge executed in the manner and setting forth the information required with respect to real estate mortgages by §§ 44-8-13 and 44-8-14 , respectively; provided, however, that no such instrument need set forth the description of the mortgaged property, except that an instrument of discharge whereby less than all the mortgaged property is released from the lien of the trust deed or mortgage shall set forth the full description of, or clearly identify by reference to numbered or lettered portions of the descriptions as the same appear in the trust deed or mortgage, the property so released.

Source: SDC 1939, § 52.1516 as added by SL 1947, ch 237.
S.D. Codified Laws § 49-41B-20 — SD Code / Title 49 / Chapter 41B / Section 49-41B-20
Final report heard by commission at final hearing--Decision on application--Adoption of committee's report
Status: in_force

The final report shall be heard by the Public Utilities Commission at the final hearing wherein the commission makes its decision on the application for a permit. The local review committee report may be adopted in whole or in part, at the discretion of the commission.

Source: SL 1977, ch 390, § 13.
S.D. Codified Laws § 49-16A-85 — SD Code / Title 49 / Chapter 16A / Section 49-16A-85
Temporary routes during change of grade construction
Status: in_force

A railroad, while raising or lowering a public highway, or while making any other alterations which obstruct a public highway, shall provide and keep suitable temporary ways in good order to enable traffic to avoid or pass the obstruction.

Source: SDC 1939, § 52.0828; SDCL, § 49-19-24; SL 1980, ch 322, § 84.
S.D. Codified Laws § 49-34A-73.1 — SD Code / Title 49 / Chapter 34A / Section 49-34A-73.1
Plant additions defined
Status: in_force

For purposes of §§ 49-34A-73 to 49-34A-78 , inclusive, plant additions are investments in fixed generation, transmission, and distribution assets, whether purchased or constructed, including operations and maintenance expenses directly related to those fixed assets, real property, and new power purchases.

Source: SL 2012, ch 230, § 1.
S.D. Codified Laws § 49-16B-11 — SD Code / Title 49 / Chapter 16B / Section 49-16B-11
Report to legislature recommending projects
Status: in_force

The authority shall obtain estimates of the cost of any project it deems necessary or convenient and shall formulate and recommend a list of projects. The authority shall present a report including its recommendations, proposed projects and estimated costs to the Legislature not later than the first day of November immediately preceding the convening of a regular session of the Legislature if the authority has any recommendation or proposed project. In recommending projects to be undertaken, the authority may not deviate from the priority listing of projects submitted by the Department of Transportation.

Source: SL 1980, ch 323, § 11; SL 1996, ch 20, § 23; SL 2010, ch 145, § 191.
S.D. Codified Laws § 49-33-11 — SD Code / Title 49 / Chapter 33 / Section 49-33-11
Powers of corporation--Connection with other facilities--Use of facilities--Accessory facilities
Status: in_force

Every corporation organized under this chapter shall have power to cross, join, or unite its railroad with any street or other railroad now or hereafter constructed and to contract with such railroad for the transportation of its cars over its lines; to take and convey persons or property over its railroad by electrical or mechanical power, and to receive compensation therefor; and to erect and maintain all necessary and convenient buildings, station powerhouses, trolley poles, repair shops, carbarns, wires, fixtures, and machinery for the accommodation and use of its passengers, freight, and other business and the transmission of electric power.

Source: SDC 1939, § 52.1509 (6).
S.D. Codified Laws § 49-16A-81 — SD Code / Title 49 / Chapter 16A / Section 49-16A-81
Right to use public way--Agreement with local authorities--Appropriation by railroad upon failure to agree
Status: in_force

If it is necessary for a road to occupy a road, street, alley, or public way, or ground of any kind, the municipal or other corporation, or public officer or public authorities owning or having charge thereof, and the railroad, may agree on the manner, terms and conditions on which the same may be used or occupied. If the parties are unable to agree and it is necessary, in the judgment of the railroad, to use or occupy such road, street, alley, or other public way or ground, the railroad may appropriate so much of the same as may be necessary for the purposes of its road, in the same manner and on the same terms as provided in this chapter for the appropriation of the property of individuals.

Source: SDC 1939, § 52.0823; SDCL, § 49-20-15; SL 1980, ch 322, § 80.
S.D. Codified Laws § 49-13-23 — SD Code / Title 49 / Chapter 13 / Section 49-13-23
Prosecution of action by attorney general--Assistance of state's attorney--Costs and expenses
Status: in_force

If a petition under § 49-13-17 is filed, presented, or to be prosecuted by the commission, by its initiative, the commission may require the attorney general to prosecute. In the prosecution, the attorney general may request the assistance of the state's attorney of that county in any proceedings that are instituted. The state's attorney shall render assistance. The costs and expenses on the part of the commission for the prosecution shall be paid out of the appropriations for the expenses of the commission.

Source: SDC 1939, § 52.0304; SL 1987, ch 345, § 36.
S.D. Codified Laws § 49-43-4.1 — SD Code / Title 49 / Chapter 43 / Section 49-43-4.1
Promulgation of rules
Status: in_force

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

(1) The procedure for filing grain reports;

(2) The form of a public grain warehouse's bond and application, and the information required to be included for licensing;

(3) Requirements and procedures for releasing bonds;

(4) Requirements for posting public grain warehouse's licenses;

(5) Procedures and requirements for license suspension, revocation, transfer of ownership, or insolvency by a public grain warehouse;

(6) Requirements for the form of, procedures for, and the issuance and control of grain warehouse receipts and scale tickets;

(7) Specifications for the safe storage of grain;

(8) Requirements for filing financial statements with the commission and the financial standards by which the statements are approved when considering whether to license a public grain warehouse; and

(9) The rates for receiving, handling, redelivering, and storing grain.

Source: SL 2008, ch 249, § 7.
S.D. Codified Laws § 49-35-5 — SD Code / Title 49 / Chapter 35 / Section 49-35-5
Procedure for creation of district
Status: in_force

A consumers power district may be created only by election and the procedure as provided in this chapter.

Source: SL 1950 (SS), ch 17, § 5; SDC Supp 1960, § 52.1705.
S.D. Codified Laws § 49-33-13 — SD Code / Title 49 / Chapter 33 / Section 49-33-13
Powers of corporation--Extraterritorial powers
Status: in_force

Every corporation organized under this chapter shall have power to exercise all its rights, franchises, and privileges in any other state of the United States and to accept from any other state into which its railroad, electric light, or power line is extended additional and other powers and privileges applicable to the business of such corporation in such territory.

Source: SDC 1939, § 52.1509 (8).
S.D. Codified Laws § 49-31-71 — SD Code / Title 49 / Chapter 31 / Section 49-31-71
Certificate of authority--Notice and hearing
Status: in_force

The commission shall issue a certificate of authority for local exchange service to the applying telecommunications company, if, after notice and opportunity for hearing pursuant to chapter 1-26 , the applicant has demonstrated sufficient technical, financial, and managerial capabilities to provide the local exchange services applied for. In granting a certificate of authority to provide local exchange service, the commission may impose terms and conditions, on a competitively neutral basis, that it finds consistent with preserving and advancing universal service, protecting the public safety and welfare, ensuring the continued quality of service, and safeguarding the rights of consumers.

Source: SL 1998, ch 274, § 8.
S.D. Codified Laws § 49-7A-23 — SD Code / Title 49 / Chapter 7A / Section 49-7A-23
Panel to forward complaint to respondent
Status: in_force

Upon receipt of a complaint and the appointment of a panel, the panel shall forward to the respondent a statement of the complaint and a notice requiring the respondent to satisfy the complaint or answer it in writing within twenty days from the date of service of the notice or within such further time as may be specified by the board.

Source: SL 2002, ch 211, § 17.
S.D. Codified Laws § 49-34A-71 — SD Code / Title 49 / Chapter 34A / Section 49-34A-71
Chapter complete--Laws in conflict repealed
Status: repealed

This chapter shall be complete in itself and no other South Dakota statute shall be construed as applicable to the supervision or regulations of electric utilities by the Public Utilities Commission. Any law of this state in conflict with this chapter is hereby repealed insofar as it shall pertain to the regulation of electric utilities as defined in this chapter.

Source: SL 1975, ch 283, § 54.
S.D. Codified Laws § 49-16B-42 — SD Code / Title 49 / Chapter 16B / Section 49-16B-42
Authority to account for income--Disbursements from accounts in fund
Status: in_force

The authority shall keep account of the gross total income derived from each separate project or any combination thereof undertaken pursuant to this chapter. Disbursements from a given account in the railroad authority fund shall be ordered by the authority only for the payment of:

(1) The principal of and interest on the bonds issued for each project, or combination thereof;

(2) The cost of maintenance and operation of the facility or facilities, unless otherwise provided for; and

(3) Any other purposes set forth in the resolution authorizing the issuance of said bonds.

Source: SL 1980, ch 323, § 37.
S.D. Codified Laws § 49-2-2 — SD Code / Title 49 / Chapter 2 / Section 49-2-2
Common carrier of messages defined
Status: in_force

Everyone who offers to the public to carry messages is a common carrier.

Source: SDC 1939, § 8.0801; SL 1979, ch 307, § 13.
S.D. Codified Laws § 49-43-39 — SD Code / Title 49 / Chapter 43 / Section 49-43-39
Notice of damage to or destruction of warehouse
Status: in_force

The operator of a public grain warehouse shall notify the commission, within twenty-four hours, if the public grain warehouse is destroyed or substantially damaged.

Source: SL 2008, ch 249, § 27.
S.D. Codified Laws § 49-16C-8 — SD Code / Title 49 / Chapter 16C / Section 49-16C-8
Purchase of rolling stock or operation of railroad not authorized
Status: in_force

Provisions of this chapter do not constitute permission to purchase railroad rolling stock or to operate any railroad.

Source: SL 1981, ch 100, § 11.
S.D. Codified Laws § 49-36-4 — SD Code / Title 49 / Chapter 36 / Section 49-36-4
Increasing or decreasing number of directors--Division of territory for election of directors--Composition of subdivisions--Persons entitled to vote
Status: in_force

Subject to the provisions of chapters 49-35 to 49-40 , inclusive, the board of directors in a consumers power district may amend the petition for its creation, or any amended petition, to increase or decrease the number of its directors, or to provide for the division of the territory of such district into two or more subdivisions for the nomination and election of some or all of the directors, or may do either or both.

A notarized original and an exact or conforming copy of the petition of amendment shall be executed by the president of the board of directors, or other officer of the district so authorized, and shall set forth:

(1) The name of the consumers power district;

(2) The amendment so adopted;

(3) A statement setting forth the date of the meeting of directors at which the amendment was adopted, that a quorum was present at such meeting, and that such amendment received at least a majority of the votes entitled to be cast by directors present at such meeting.

Upon filing of the petition of amendment as provided in this section with the Office of the Secretary of State, if the secretary of state finds that the petition conforms to law, the secretary of state shall file the petition and issue a certificate of amendment to the consumers power district.

Each subdivision shall be composed of one or more voting precincts and the total number of voters in each subdivision shall be approximately the same so far as practicable. The qualified voters of a subdivision of a district may only cast their ballots for candidates for directors to be elected from such subdivision, and for candidates for directors to be elected at large from the whole district, and the ballots for directors shall be prepared accordingly.

Source: SL 1950 (SS), ch 17, §§ 20, 22; SDC Supp 1960, §§ 52.1720, 52.1722; SL 2003, ch 114, § 3.
S.D. Codified Laws § 49-16A-112 — SD Code / Title 49 / Chapter 16A / Section 49-16A-112
Abandonment of right-of-way--Occupation for three years by other users
Status: in_force

At the time of abandonment of any railroad right - of - way, any corporation, partnership, individual, or political subdivision of this state, owning, operating or maintaining any telegraph, telephone, electric transmission or distribution lines, pipelines, water or sewer lines, buildings, grain elevators or other permanent fixtures on the abandoned right - of - way, may continue to occupy the right - of - way for a period of three years as provided in §§ 49-16A-113 and 49-16A-114 .

Source: SL 1980, ch 326, § 1; SL 1981, ch 329, § 3; SL 1981, ch 330, § 1.
S.D. Codified Laws § 49-41B-4.6 — SD Code / Title 49 / Chapter 41B / Section 49-41B-4.6
Corporate ownership of agricultural land
Status: in_force

The restrictions on corporate ownership of agricultural land pursuant to § 47-9A-3 shall not apply to acquisitions of agricultural land required by a proceeding pursuant to § 49-41B-4.4 .

Source: SL 1980, ch 327, § 11.
S.D. Codified Laws § 49-34A-65 — SD Code / Title 49 / Chapter 34A / Section 49-34A-65
Bond required when stay or suspension granted--Other security in addition or in lieu--Refund of increase not allowed on appeal
Status: in_force

Notwithstanding § 1-26-32 , in case an order of the Public Utilities Commission is stayed or suspended, the court shall require a bond with good and sufficient surety, conditioned that the utility or any other party petitioning for review shall answer for all damages caused by the delay in enforcing the order of the commission and for all compensation for the difference between whatever sums for transmission or service any person is compelled to pay pending review proceedings and the sum the person or corporation would have been compelled to pay had the commission's order not been stayed or suspended. The court may, in addition or in lieu of the bond, require other further security for the payment of the excess damages or charges it deems proper. If a party other than a utility appeals from the decision of the commission, the commission may by further order require such utility to refund, with interest, the portion, if any, of an increase which is not allowed by the final decision of the courts after all appeals are concluded.

Source: SL 1975, ch 283, § 47; SL 1981, ch 338.
S.D. Codified Laws § 49-7A-22 — SD Code / Title 49 / Chapter 7A / Section 49-7A-22
Panel to determine existence of probable cause for violation--Recommendation to board
Status: in_force

Upon the initiation of a complaint pursuant to § 49-7A-17 , a panel of three or five members of the Statewide One - Call Notification Board shall be appointed by the chair for the purpose of determining whether there is probable cause to believe there has been a violation of any statute or rule of the board. A determination of whether there is probable cause to believe there has been a violation shall be determined by a majority vote of the panel. The panel shall then recommend to the board that the complaint be dismissed for lack of probable cause, or recommend to the board that there is probable cause to believe that there has been a violation and recommend what penalty, if any, should be imposed pursuant to the provisions of § 49-7A-18 or 49-7A-19 .

Source: SL 2002, ch 211, § 16.
S.D. Codified Laws § 49-17A-8 — SD Code / Title 49 / Chapter 17A / Section 49-17A-8
Chairman and secretary-treasurer of authority
Status: in_force

Each regional authority shall elect a chairman and a secretary - treasurer, from among the commissioners.

Source: SL 1978, ch 344, § 8.
S.D. Codified Laws § 49-43-32 — SD Code / Title 49 / Chapter 43 / Section 49-43-32
Warehouseman agreeing to delivery contrary to owner's directions as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any proprietor, lessee, or manager of a public grain warehouse to enter into a contract, agreement, understanding, or combination with a railroad company, corporation, or individual by which the property of any person is to be delivered to a public grain warehouse for storage or any other purpose contrary to the direction of the owner or his agent or consignee.

Source: SDC 1939, § 60.0313; SL 1983, ch 15, § 169.
S.D. Codified Laws § 49-28-52 — SD Code / Title 49 / Chapter 28 / Section 49-28-52
Enforcement of department's orders
Status: in_force

Orders and final determinations of the department in all proceedings pursuant to this chapter shall be enforced in the manner provided by law for enforcement of orders of the department.

The department may apply to the circuit court in any circuit in which any person or motor carrier operates or maintains a principal headquarters for the enforcement of this chapter and the rules adopted pursuant thereto. The court shall have jurisdiction by writ of injunction, or by other proceedings, mandatory or otherwise, to restrict and enjoin any such person or motor carrier, its officers, agents, employees, or representatives, from further violations of the provisions of law or any lawful order, term, or condition prescribed by the department and enjoining obedience thereto.

Source: SDC 1939, § 44.0417; SL 1985, ch 374, § 40; SL 2006, ch 234, § 15.
S.D. Codified Laws § 49-16B-33 — SD Code / Title 49 / Chapter 16B / Section 49-16B-33
Interim notes--Registration--Issuance
Status: in_force

The authority may provide for the registration of the notes in the name of the owner either as to principal alone, or as to both principal and interest, on such terms and conditions as the authority may determine by the resolution authorizing their issue. The notes shall be issued from time to time by the authority as funds are borrowed, in the manner the authority may determine.

Source: SL 1980, ch 323, § 32.
S.D. Codified Laws § 49-34-3 — SD Code / Title 49 / Chapter 34 / Section 49-34-3
Contracts for central heating
Status: in_force

The board of county commissioners, the governing body of any municipal corporation, the board of trustees or directors of any religious, fraternal, or benevolent society, association, or corporation shall have power and authority to enter into a contract with a central heating corporation or association for the purpose of securing heat, building and maintaining its mains in front of or alongside its property, and shall have the right to use the funds of said county, municipal corporation, or religious, fraternal, or benevolent society, association, or corporation for the purposes herein mentioned.

Source: SDC 1939, § 52.1802.
S.D. Codified Laws § 49-34A-76 — SD Code / Title 49 / Chapter 34A / Section 49-34A-76
Filing of general rate case after end of phase in rate plan--Exception
Status: in_force

Within twelve months after the end of the phase in rate plan, the electric utility shall file a general rate case with a full cost of service analysis including the plant additions, unless, upon motion, the commission determines that a general rate case would not be likely to result in material changes to the rates in place under the phase in rate plan, in which event the rates under the phase in rate plan will remain in effect until changed by further order of the commission.

Source: SL 1992, ch 331, § 4; SL 2012, ch 230, § 5.
S.D. Codified Laws § 49-31-94 — SD Code / Title 49 / Chapter 31 / Section 49-31-94
Penalties for violation--Disposition of fines collected
Status: in_force

Any person who violates §§ 49-31-89 to 49-31-97 , inclusive, or any rules promulgated pursuant to §§ 49-31-89 to 49-31-97 , inclusive, is subject to a civil penalty to be imposed by the commission, after notice and opportunity for hearing. The commission may impose a civil fine of not more than twenty thousand dollars for each offense. In determining the amount of the penalty upon finding a violation, or the amount of the compromise settlement, the commission shall consider the appropriateness of the penalty to the size of the business of the person charged, prior offenses and compliance history, the good faith of the person charged in attempting to achieve compliance, and such other matters as justice may require. All penalties collected pursuant to this section shall be deposited in the state treasury. In addition to assessing a civil penalty for a violation of §§ 49-31-89 to 49-31-97 , inclusive, the commission may revoke or suspend a telecommunications company's certificate of authority for repeated offenses.

Source: SL 1999, ch 227, § 6.
S.D. Codified Laws § 49-34A-13 — SD Code / Title 49 / Chapter 34A / Section 49-34A-13
Hearing on rate changes
Status: in_force

Whenever there is filed with the Public Utilities Commission any schedule modifying or resulting in a change in any rates then in force, together with the filed statements of facts, expert opinions, substantiating documents, and exhibits, supporting the changes requested, the commission may upon complaint or may upon its own motion, upon reasonable notice conduct a hearing to determine whether the rates are just and reasonable.

Source: SL 1975, ch 283, § 8.
S.D. Codified Laws § 49-31-61 — SD Code / Title 49 / Chapter 31 / Section 49-31-61
Public Communications Network Infrastructure--Composition
Status: in_force

South Dakota's Public Communications Network Infrastructure shall be composed of three networks: a narrowband network, a wideband network, and a broadband network.

Source: SL 1997, ch 266, § 3.
S.D. Codified Laws § 49-43-1 — SD Code / Title 49 / Chapter 43 / Section 49-43-1
Grain delivered to warehouse considered stored--Other arrangements--Settlement
Status: in_force

Any grain delivered to a public grain warehouse shall be considered stored at the time of delivery unless an arrangement has been made with the public grain warehouse operator prior to or at the time of delivery to apply the grain on contract, for shipment or consignment, or for cash sale. Grain may be held in open storage, a grain bank account, or placed on a warehouse receipt. The warehouse shall issue a scale ticket for any grain received by the warehouse. The warehouse shall keep sufficient grain inventory to cover all stored grain. Settlement for all grain stored or sold shall be made immediately on demand by the owner.

Source: SDC 1939, § 60.0314; SL 1973, ch 287, § 1; SL 1985, ch 376, § 22; SL 2008, ch 249, § 1.
S.D. Codified Laws § 49-30-19 — SD Code / Title 49 / Chapter 30 / Section 49-30-19
Officers of corporation--Appointment by directors
Status: in_force

The directors shall appoint one of their number president; they also may appoint a vice - president, secretary, and treasurer, and such other officers and agents as shall be prescribed by the bylaws of such corporation.

Source: SDC 1939, § 52.1306.
S.D. Codified Laws § 49-13-26 — SD Code / Title 49 / Chapter 13 / Section 49-13-26
Plaintiff not liable for costs--Supreme Court proceedings--Attorney's fees
Status: in_force

The plaintiff in a suit pursuant to § 49-13-24 is not liable for costs at any stage of the proceedings unless the costs accrue on appeal to the Supreme Court, and if the plaintiff eventually prevails, he shall be allowed reasonable attorney fees to be taxed and collected as a part of the costs of the suit.

Source: SDC 1939, § 52.0304; SL 1987, ch 345, § 39.
S.D. Codified Laws § 49-49-1 — SD Code / Title 49 / Chapter 49 / Section 49-49-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Approval authority," in the case of an electric cooperative, its board of directors, or in the case of a municipal utility, its city council or city commission, as the case may be;

(2) "Commission," the Public Utilities Commission of the State of South Dakota;

(3) "Economic loss," monetary loss, including losses resulting from medical expenses, business interruption, loss of business, loss of use of property, and loss due to death and burial costs;

(4) "Qualified utility," includes:

(a) Any electric utility defined in subdivision 49-34A-1 (7); and

(b) Any person who is a wholesale generator of electricity and who operates electrical transmission;

(5) "Wildfire," an unplanned, unwanted fire burning in this state that:

(a) May impact, damage, or cause harm, including to natural resources, agricultural resources, homes, and property; or

(b) Threatens lives and safety; and

(6) "Wildfire mitigation plan," a plan submitted to and approved by the approval authority or published by the commission in accordance with the requirements of this chapter.

Source: SL 2026, ch 189, § 1.
S.D. Codified Laws § 49-37-18 — SD Code / Title 49 / Chapter 37 / Section 49-37-18
District as franchised to use streets of municipality for transmission lines
Status: in_force

If the majority of the voters of any municipality voting thereon shall vote in favor of the formation of a consumers power district, the annexation of territory or a municipality to an existing district, or the consolidation of two or more districts, as the case may be, such action shall be construed as the granting of a franchise to occupy any of the streets, alleys, or public places of the municipality to transmit and distribute electrical energy for heat, light and power.

Source: SL 1950 (SS), ch 17, § 70; SDC Supp 1960, § 52.1769.
S.D. Codified Laws § 49-34B-8 — SD Code / Title 49 / Chapter 34B / Section 49-34B-8
Programs for prevention of damage
Status: in_force

The commission shall encourage and promote programs designed to prevent damage to natural gas pipeline facilities as a consequence of demolition, excavation, tunneling, or construction activity.

Source: SL 1994, ch 357, § 7.
S.D. Codified Laws § 49-16A-10 — SD Code / Title 49 / Chapter 16A / Section 49-16A-10
Individual acts or omissions in scope of employment
Status: in_force

When acting in the scope of his employment, the actions and omissions of a person acting for or employed by a carrier or shipper that is subject to §§ 49-16A-8 and 49-16A-9 are considered to be the actions and omissions of that person.

Source: SL 1980, ch 322, § 10.
S.D. Codified Laws § 49-35-17 — SD Code / Title 49 / Chapter 35 / Section 49-35-17
Annexation of additional territory--Consolidation of districts--Petitions--Election
Status: in_force

A petition for the annexation of additional territory to an existing district may be filed by registered voters of the area to be annexed. Petitions for the consolidation of two or more existing districts shall be filed by registered voters of each existing district. These petitions shall be filed with the secretary of state, specifying the territory to be annexed or the districts to be consolidated, in accordance with the provisions of §§ 49-35-7 to 49-35-9 , inclusive. Upon the filing of such petition, the secretary of state shall follow the procedures of § 49-35-10 , and an election shall be held pursuant to the provisions of this chapter. If the majority of the electors of such additional territory or in each of the districts to be consolidated, as the case may be, voting thereon shall vote in favor of such annexation or consolidation, the county auditor or municipal finance officer, as the case may be, shall file the results of such election in the principal places of business of the existing districts involved.

Source: SL 1950 (SS), ch 17, § 10; SDC Supp 1960, § 52.1710; SL 1998, ch 276, § 11.
S.D. Codified Laws § 49-16B-9 — SD Code / Title 49 / Chapter 16B / Section 49-16B-9
Seal
Status: in_force

The authority may have and use a common seal and alter the same at pleasure.

Source: SL 1980, ch 323, § 9.
S.D. Codified Laws § 49-43-59 — SD Code / Title 49 / Chapter 43 / Section 49-43-59
Surrender of electronic warehouse receipt to commission--Grain receivership--Surety bond claim
Status: in_force

An independent provider shall allow for the commission to be a sole or joint holder of an electronic warehouse receipt if the issuing warehouse operator's license has been revoked and at least one of the following applies:

(1) The electronic warehouse receipt has been surrendered to the commission by a claimant for the proceeds of a grain receivership pursuant to this chapter; or

(2) The electronic warehouse receipt has been surrendered to the commission by a claimant for payment of a surety bond claim pursuant to this chapter.

If an electronic receipt holder files a claim against a grain receivership or against the surety bond, the commission shall obtain the consent and instruction of the holder to change the holder information on the independent provider's central filing system. The independent provider shall take any action ordered by the commission in regard to an electronic warehouse receipt involved with a grain receivership or a surety bond claim. The commission shall provide documentary evidence of the claim and any resulting required action to the independent provider.

Source: SL 2012, ch 232, § 7.
S.D. Codified Laws § 49-31-84 — SD Code / Title 49 / Chapter 31 / Section 49-31-84
Telecommunication companies may grant incentives to meet competition
Status: in_force

It is in the public interest and essential that local exchange telecommunication companies over all of South Dakota continue to be viable providers of affordable local exchange services. Local exchange telecommunication companies receive substantial revenue necessary to support the exchange from a minority of their customers. Local exchange telecommunication companies must be allowed to compete to keep their profitable customers in order to maintain the viability of local exchanges. However, customers in rural and high - cost areas shall have access to telecommunications and information services, including interexchange services, that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas.

Notwithstanding any other provisions of chapter 49-31 , any telecommunication company may grant any discounts, incentives, services, or other business practices necessary to meet competition. Nothing in chapter 49-31 restricts or prevents telecommunication companies from offering reduced prices and special terms and conditions for this state, its existing instrumentalities and subdivisions, for the United States and for K through 12 schools accredited by the secretary of the Department of Education.

Source: SL 1998, ch 274, § 28; SL 2003, ch 272 (Ex. Ord. 03-1), § 63.
S.D. Codified Laws § 49-1A-9 — SD Code / Title 49 / Chapter 1A / Section 49-1A-9
Deposit used to defray analyzing and ruling expenses--Payment on warrants
Status: in_force

The amount deposited under § 49-1A-8 or 49-31-12.6 shall be used by the Public Utilities Commission to defray the expense incident to analyzing and ruling upon the filing of the company making the deposit and the amount expended may be recovered as an immediate adjustment to rates by the company. The deposit is appropriated to the use of the Public Utilities Commission for such purpose. Such expenses may be paid out of the fund on warrants drawn by the state auditor upon duly itemized vouchers, and the funds necessary for such expenses are continuously appropriated.

Source: SL 1976, ch 296, § 13; SL 1979, ch 309, § 2; SL 1991, ch 381, § 8; SL 1994, ch 352, § 6.
S.D. Codified Laws § 49-41B-17 — SD Code / Title 49 / Chapter 41B / Section 49-41B-17
Parties to proceedings under chapter
Status: in_force

The parties to a proceeding under this chapter unless otherwise provided include:

(1) The commission staff;

(2) The applicant;

(3) Each municipality, county and governmental agency in the area where the facility is proposed to be sited, if timely application therefore is made as determined by the commission pursuant to rule; and

(4) Any person residing in the area where the facility is proposed to be sited, or any directly interested person, if timely application therefore is made as determined by the commission pursuant to rule. An application for party status in a proceeding under this chapter must contain a detailed statement of the interests and reasons prompting the application.

Source: SL 1977, ch 390, § 20; SL 1982, ch 332, § 1; SL 2019, ch 200, § 7.
S.D. Codified Laws § 49-41B-8 — SD Code / Title 49 / Chapter 41B / Section 49-41B-8
Employment of staff by committee--Expenses
Status: in_force

A local review committee may employ any personnel the committee determines necessary to carry out the provisions of § 49-41B-7 , subject to the approval of the commission. The applicant shall pay the expenses of the personnel.

Source: SL 1977, ch 390, § 14; SL 2026, ch 187, § 5.
S.D. Codified Laws § 49-34B-17 — SD Code / Title 49 / Chapter 34B / Section 49-34B-17
Calculation of interstate operator's inspection fee
Status: in_force

For each inspection fee assessed to interstate 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 interstate gas pipeline facilities shall be directly charged to the appropriate pipeline operators on an annual basis. For all expenses not directly attributable to interstate pipeline facilities, the commission shall assess each pipeline operator for a pro rata share of the expenses and obligations based on the percentage of the total miles of pipeline to be inspected that are operated or will be operated by each pipeline operator.

Source: SL 1994, ch 357, § 16; SL 2007, ch 273, § 11.