S.D. Codified Laws § 49-43-23 — SD Code / Title 49 / Chapter 43 / Section 49-43-23
Redelivery of identical grain not required--Deduction for dockage and foreign material--Guaranty respecting weight, grade, and quality
Status: in_force

Nothing in § 49-43-22 means the delivery of the identical grain specified in the receipt or scale ticket. A warehouse may instead deliver an equal amount of the same grade, kind and quality. If the grain delivered has not been cleaned by the warehouse, there shall be added to the amount delivered the amount originally deducted from the grain stored for dockage and foreign material. If the grain is to be delivered from some terminal market point, the public grain warehouse issuing the storage receipts or scale tickets shall guarantee weight, grade, and quality.

Source: SDC 1939, § 60.0319; SL 1985, ch 376, § 43; SL 2008, ch 249, § 21.
S.D. Codified Laws § 49-13-22 — SD Code / Title 49 / Chapter 13 / Section 49-13-22
Security on appeal by commission not required--Appeal as not staying court order--Costs and attorney's fees
Status: in_force

In no case may security for an appeal under § 49-13-21 be required in an appeal taken by the commission but no appeal to the Supreme Court may operate to stay or supersede the order of the court, or the execution of any writ or process thereon, and the court may in every such matter order the payment of the costs and attorney fees considered to be reasonable.

Source: SDC 1939, § 52.0304; SL 1987, ch 345, § 35.
S.D. Codified Laws § 49-16A-20 — SD Code / Title 49 / Chapter 16A / Section 49-16A-20
Single-line rates as restraint of trade
Status: in_force

Except where permitted under federal law, membership of a railroad in any group, organization, or bureau, or an agreement for the purpose of discussing or establishing single - line rates, or the establishment of a single - line rate through such a membership or under the influence of such a membership by a railroad, is restraint of trade within the meaning of § 37-1-3.1 .

Source: SL 1980, ch 322, § 20.
S.D. Codified Laws § 49-31-41 — SD Code / Title 49 / Chapter 31 / Section 49-31-41
Security on stay of order--Conditions
Status: in_force

Notwithstanding the provisions of § 1-26-32 , if an order of the commission is stayed or suspended, the court shall require a bond with good and sufficient surety, conditioned that the telecommunications company 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 service provided by the telecommunications company that 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.

Source: SL 1983, ch 332, § 3; SL 1987, ch 345, § 79.
S.D. Codified Laws § 49-39-10 — SD Code / Title 49 / Chapter 39 / Section 49-39-10
Default on bonds--Court appointment of receiver--Authority of receiver to operate district--Discharge of receiver and return of district to control
Status: in_force

The board of directors of any consumers power district issuing revenue debentures, notes, warrants, or other evidences of indebtedness, under this chapter, is hereby also authorized and empowered to agree and contract with the purchasers or holders thereof 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, issued, or in the event of default in the performance of any duty or obligation under any agreement by such district, the holder or holders of such revenue debentures, notes, warrants, or other evidences of indebtedness then outstanding shall be entitled as a matter of right, upon application to a court of competent jurisdiction, to have appointed a receiver of the business and property of the district including all tolls, rents, revenues, issues, income, receipts, profits, benefits and additions derived, received or had thereof or therefrom, with power to operate and maintain such business and property, collect, receive and apply all revenue, income and receipts arising therefrom, and prescribe rates, tolls and charges, in the same way and manner as the district might do. Whenever all defaults in the payment of principal of, and interest on, such revenue debentures, notes, warrants, or other evidences of indebtedness, and any other defaults under any agreement made by the district, shall have been made good, such receiver shall be discharged by the court and shall thereupon surrender control of the business and possession of the property in his hands to the district.

Source: SL 1950 (SS), ch 17, § 63; SDC Supp 1960, § 52.1762.
S.D. Codified Laws § 49-33-6 — SD Code / Title 49 / Chapter 33 / Section 49-33-6
Powers of corporation--Survey of proposed route--Entry upon property
Status: in_force

Every corporation organized under this chapter shall have power to cause such examinations and surveys to be made as may be necessary to the selection of the most advantageous route for its proposed street railroad, electric light, or power line, and for such purpose to enter, by its agents, officers, and servants, upon the lands or waters of any person; subject, however, to responsibility for all damage done to such property by such entry.

Source: SDC 1939, § 52.1509 (1).
S.D. Codified Laws § 49-31-50 — SD Code / Title 49 / Chapter 31 / Section 49-31-50
Telecommunication funds for persons with hearing and other disabilities--Continuous appropriation
Status: in_force

There is created in the state treasury the telecommunication fund for the deaf and the telecommunication fund for other disabilities for the deposit and disbursement of money collected pursuant to the provisions of §§ 49-31-49 and 49-31-51 . There is hereby continuously appropriated the sum of two hundred thousand dollars ($200,000), or so much thereof as may be necessary, each year from the telecommunication fund for the deaf to the Department of Human Services to provide one or two cochlear implants to any child who suffers from severe to profound hearing loss. The child shall be less than twenty-one years of age at the time of the implant.

Source: SL 1989, ch 401, § 3; SL 1990, ch 373, § 1; SL 1997, ch 267, § 4; SL 2005, ch 246, § 1; SL 2007, ch 268, § 1; SL 2010, ch 222, § 1; SL 2014, ch 221, § 4.
S.D. Codified Laws § 49-31-32 — SD Code / Title 49 / Chapter 31 / Section 49-31-32
Obscene telephone calls--Failure to replace receiver--Prima facie evidence of unlawfulness
Status: in_force

The use of obscene or lewd language or the making of a threat or lewd suggestion or the failure to replace the telephone receiver as set forth in § 49-31-31 shall be prima facie evidence of the intent to terrorize, intimidate, threaten, harass, annoy or disturb another person.

Source: SL 1967, ch 30, § 2.
S.D. Codified Laws § 49-36-1.5 — SD Code / Title 49 / Chapter 36 / Section 49-36-1.5
When placement of names on primary ballot unnecessary
Status: in_force

If nominating petitions filed on behalf of candidates do not exceed twice the number of persons for the number of director positions to be filled, the names of the persons need not be placed upon the primary ballot and the persons shall be the nominees for the positions.

Source: SL 1989, ch 403, § 9.
S.D. Codified Laws § 49-16A-100.5 — SD Code / Title 49 / Chapter 16A / Section 49-16A-100.5
Standard crossing fee--Flagging expense
Status: in_force

Unless otherwise agreed by the parties, a utility that crosses a railroad right-of-way, other than a crossing within the public right-of-way, shall pay the railroad a one-time standard crossing fee of seven hundred fifty dollars for each crossing. The standard crossing fee is in lieu of any license, permit, application, processing fee, or any other fees or charges to reimburse the railroad for the direct expenses incurred by the railroad as a result of the crossing. No other fee may be assessed by the railroad or by any railroad agent, contractor, or assignee to the utility or to any agent or contractor of the utility. The utility shall also reimburse the railroad for any reasonable and necessary flagging expense associated with a crossing, based on the railroad traffic at the crossing, in addition to the standard crossing fee. No crossing fee is required if the crossing is located within a public right-of-way.

Source: SL 2014, ch 217, § 3; SL 2016, ch 223, § 4.
S.D. Codified Laws § 49-34A-13.1 — SD Code / Title 49 / Chapter 34A / Section 49-34A-13.1
Persons permitted to appear before commission or submit comments--Disclosure of identity and interest--Party status controlled by statutes and rules
Status: in_force

Any person may appear before the commission and present comments regarding the proceeding or submit written comments to the commission. The person shall fully and fairly make a full disclosure of identity, the interest of the person in the proceeding, and the position to be taken. The contentions of the person shall be relevant to the issues presented in the proceeding. Any person appearing pursuant to this section is not afforded the status of a party to the proceeding unless the person has been granted party status in accordance with applicable statutes and rules governing intervention in proceedings before the commission.

Source: SL 1976, ch 296, § 15; SL 1994, ch 351, § 136; SL 2015, ch 231, § 2.
S.D. Codified Laws § 49-33-4 — SD Code / Title 49 / Chapter 33 / Section 49-33-4
Certificate of incorporation--Corporate name--Rights conferred by certificate
Status: in_force

Upon the filing and recording of articles of incorporation pursuant to § 49-33-3 a certificate shall issue to such corporation under the seal of this state, signed by the secretary of state, granting unto such incorporators, their associates, successors, and assigns, full power and authority by and under their corporate name to exercise the powers and privileges of a corporation for the purpose stated in § 49-33-1 and in accordance with their articles of incorporation and the laws of this state.

Source: SDC 1939, § 52.1501 (5); SL 1947, ch 236, § 1; SDC Supp 1960, § 52.1501 (6).
S.D. Codified Laws § 49-31-19 — SD Code / Title 49 / Chapter 31 / Section 49-31-19
Tariff of access charges--Approval by commission
Status: in_force

Access charges for switching and transporting telecommunications services between facilities shall be published in the tariff filed by the telecommunications company providing the access.

Notwithstanding any exemption granted under § 49-31-5.1 , any telecommunications company providing telecommunications access services which are classified as emerging or noncompetitive shall file its access tariffs with the commission for approval pursuant to § 49-31-12.4 or 49-31-12.5 , as applicable.

Source: SDC 1939, § 52.1316; SL 1947, ch 235; SL 1987, ch 345, § 66; SL 1992, ch 328, § 27.
S.D. Codified Laws § 49-43-17 — SD Code / Title 49 / Chapter 43 / Section 49-43-17
Modification of warehouseman's liability prohibited
Status: in_force

No public grain warehouseman may insert into any warehouse receipt issued by him any language modifying his liability as imposed by the laws of this state.

Source: SDC 1939, § 60.0316; SL 1985, ch 376, § 37.
S.D. Codified Laws § 49-34A-86 — SD Code / Title 49 / Chapter 34A / Section 49-34A-86
Application for refund--Refund claim not assignable--Exception
Status: in_force

Any person desiring to claim a refund pursuant to §§ 49-34A-80 to 49-34A-92 , inclusive, shall apply for a permit from the secretary at least thirty days prior to commencement of the project. The application for a permit shall be submitted on a form prescribed by the secretary. A separate application shall be made and submitted for each project. Upon approval of the application, the secretary shall issue a permit entitling the applicant to submit refund claims as provided by §§ 49-34A-80 to 49-34A-92 , inclusive. The permit or refund claims are not assignable or transferable except as collateral or security pursuant to chapter 57A-9 .

Source: SL 2001, ch 257, § 7.
S.D. Codified Laws § 49-36-18 — SD Code / Title 49 / Chapter 36 / Section 49-36-18
Interest in district contracts prohibited--Violation as ground for removal from office--Interest as voiding obligation under contract
Status: in_force

No officer, employee, or member of the board of directors of a consumers power district may be interested, directly or indirectly, either by himself or herself, or by agent, in any contract to which the district, or anyone for its benefit, is a party, and any such officer, employee, or director who shall have such an interest shall be subject to removal from office therefor by the board, subject to review of such action by the circuit court for the county in which the district maintains its principal place of business. Such interest in any contract by an officer, employee, or director shall void the obligation thereof on the part of the district.

This section does not apply to any contract of the district for the purchase or sale of power, energy, or any other products or services between the district and any political subdivision or public corporation, another consumers power district, or nonprofit cooperative financed in whole or in part by the Rural Electrification Administration or any other federal agency.

Source: SL 1950 (SS), ch 17, § 55; SDC Supp 1960, § 52.1755; SL 1998, ch 276, § 25.
S.D. Codified Laws § 49-34A-36 — SD Code / Title 49 / Chapter 34A / Section 49-34A-36
Investigation of proposed disposition of property--Time for decision
Status: in_force

Upon the filing of an application for the approval of the commission to an action described in § 49-34A-35 , the commission shall investigate the application, with or without public hearing, and in case of a public hearing, upon such notice as the commission may require. The commission shall act on the application within one hundred eighty days and shall approve the proposed action unless the commission finds that there is a likelihood of significant adverse impacts to customers in this state.

Source: SL 1975, ch 283, § 23; SL 2007, ch 270, § 2.
S.D. Codified Laws § 49-34B-27 — SD Code / Title 49 / Chapter 34B / Section 49-34B-27
Powers of commission in enforcement of chapter
Status: in_force

The commission may, to the extent necessary to carry out the enforcement responsibilities of this chapter, conduct investigations, make reports, issue subpoenas, conduct hearings, require the production of relevant documents and records, take depositions, and conduct research, testing, development, demonstration, and training activities.

Source: SL 1994, ch 357, § 26.
S.D. Codified Laws § 49-31-10 — SD Code / Title 49 / Chapter 31 / Section 49-31-10
Delivery of messages to persons intended--Care required
Status: in_force

Any telecommunications provider in this state shall use great care and diligence in the transmission and delivery of telecommunications services and shall deliver telecommunications messages to the persons for whom they are intended.

Source: SDC 1939, §§ 8.0701, 8.0702, 8.1102, 52.1314; SDCL, §§ 49-6-1, 49-6-2; SL 1983, ch 15, § 112; SL 1987, ch 345, § 53.
S.D. Codified Laws § 49-32A-4 — SD Code / Title 49 / Chapter 32A / Section 49-32A-4
Establishment of translator district by county ordinance
Status: in_force

A board of county commissioners may by ordinance establish a translator district. The provisions of chapter 7-18A shall govern such procedure.

Source: SL 1976, ch 76, § 4.
S.D. Codified Laws § 49-30-21 — SD Code / Title 49 / Chapter 30 / Section 49-30-21
Failure to pay for stock--Collection by directors--Forfeiture of previous payments
Status: in_force

The directors may require any amounts unpaid upon the capital stock to be paid in such manner and in such installments as they deem proper. If any stockholder shall neglect to pay any installment as required by a resolution of the board, and the board shall have caused a notice in writing to be served on him personally or by depositing the same in the post office, postage paid, properly directed to him at the post office nearest his usual place of residence at least sixty days previous to the day on which such payment is required to be made, stating that he is required to make such payment at the time and place in such notice specified, and if he fails so to do his stock and all previous payments thereon will be forfeited for the use of the corporation, such board may declare such stock and previous payments forfeited, and they shall be forfeited accordingly to the use of the corporation, or such board may in any case enforce payment by action at law.

Source: SDC 1939, § 52.1307.
S.D. Codified Laws § 49-17A-17 — SD Code / Title 49 / Chapter 17A / Section 49-17A-17
Use of public waters by authority--Buildings, roadways and bridges
Status: in_force

A regional authority may establish or acquire and maintain railroads over any public waters of this state and any submerged lands under such public waters. It may construct and maintain terminal buildings, causeways, roadways, and bridges for approaches to or connecting with any such railroads.

Source: SL 1978, ch 344, § 17.
S.D. Codified Laws § 49-16A-77 — SD Code / Title 49 / Chapter 16A / Section 49-16A-77
Powers--Width of right-of-way--Additional land for proper construction--Compensation for lands taken
Status: in_force

Each railroad authorized to construct, operate, or maintain a road within this state, may lay out a road not exceeding one hundred feet in width, and construct it. For the purpose of cuttings and embankments and of obtaining gravel or other material, the railroad may take as much land as may be necessary for the proper construction, operation, and security of the road, and for the protection of the road from snow, and may cut down any standing trees that may be in danger of falling on the road. The railroad shall provide compensation, as provided by law, for lands taken for the use of a railroad.

Source: SDC 1939, § 52.0801 (4); SDCL, § 49-16-9; SL 1980, ch 322, § 76.
S.D. Codified Laws § 49-45-23 — SD Code / Title 49 / Chapter 45 / Section 49-45-23
Records of grain purchased and contracts
Status: in_force

A grain buyer shall keep all records of grain purchased and all contracts issued and canceled in a safe place. The records shall be kept current and open for inspection by the commission. Each record shall be retained for a period of six years.

Source: SL 2008, ch 251, § 21.
S.D. Codified Laws § 49-31-76 — SD Code / Title 49 / Chapter 31 / Section 49-31-76
Commission to adopt rules addressing competitive provisions
Status: in_force

Within ninety days after July 1, 1998, the commission shall initiate rule - making proceedings pursuant to chapter 1-26 to adopt rules addressing the competitive provisioning of local exchange service which, consistent with 47 U.S.C. § 253(b) as of January 1, 1998, shall be directed toward preserving and advancing universal service, protecting the public safety and welfare, ensuring the continued quality of service, and safeguarding the rights of affected consumers. The preservation and advancement of universal service shall be a primary concern. The commission shall adopt and implement the rules no later than one hundred eighty days after July 1, 1998.

Source: SL 1998, ch 274, § 14.
S.D. Codified Laws § 49-34A-25.4 — SD Code / Title 49 / Chapter 34A / Section 49-34A-25.4
Standards for approval of annual rate adjustments
Status: in_force

Upon receiving a filing under § 49-34A-25.3 for a rate adjustment pursuant to the tariff established in § 49-34A-25.2 , the commission shall approve the annual rate adjustments if, after notice, hearing, and comment, the costs included for recovery through the tariff were or are expected to be prudently incurred and achieve transmission system improvements at the lowest reasonable cost to ratepayers.

Source: SL 2006, ch 239, § 4.
S.D. Codified Laws § 49-34A-56 — SD Code / Title 49 / Chapter 34A / Section 49-34A-56
Large new customers not required to take service from assigned utility--Notice and hearing by commission--Factors considered
Status: in_force

Notwithstanding the establishment of assigned service areas for electric utilities provided for in §§ 49-34A-43 and 49-34A-44 , new customers at new locations which develop after March 21, 1975, located outside municipalities as the boundaries thereof existed on March 21, 1975, and who require electric service with a contracted minimum demand of two thousand kilowatts or more shall not be obligated to take electric service from the electric utility having the assigned service area where the customer is located if, after notice and hearing, the Public Utilities Commission so determines after consideration of the following factors:

(1) The electric service requirements of the load to be served;

(2) The availability of an adequate power supply;

(3) The development or improvement of the electric system of the utility seeking to provide the electric service, including the economic factors relating thereto;

(4) The proximity of adequate facilities from which electric service of the type required may be delivered;

(5) The preference of the customer;

(6) Any and all pertinent factors affecting the ability of the utility to furnish adequate electric service to fulfill customers' requirements.

Source: SL 1975, ch 283, § 44.
S.D. Codified Laws § 49-41B-25 — SD Code / Title 49 / Chapter 41B / Section 49-41B-25
Permit for wind or solar energy facility--Time for complete findings by commission--Notice of decision
Status: in_force

Within nine months of receipt of the initial application for a permit for the construction of a wind energy facility or solar energy facility, the commission shall make complete findings, and render a decision, regarding whether a permit should be granted, denied, or granted upon such terms, conditions, or modifications of the construction, operation, or maintenance as the commission determines are appropriate. In the decision, the commission shall find that the construction of the facility meets all requirements of this chapter. Notice of the commission's decision shall be given to the applicant and to parties to the hearing within ten days following the decision.

Source: SL 1977, ch 390, § 19; SL 2005, ch 250, § 3; SL 2015, ch 235, § 3; SL 2019, ch 200, § 9.
S.D. Codified Laws § 49-39-1 — SD Code / Title 49 / Chapter 39 / Section 49-39-1
Authority to borrow--Funds available for repayment--Security for loan
Status: in_force

Any district organized under chapter 49-35 may borrow money and incur indebtedness for any corporate use or purpose. Any indebtedness, liability, or obligation of the district for the payment of money, in whatever manner entered or incurred, and whether arising from contract, implied contract, or otherwise, shall be payable solely:

(1) From revenues, income, and receipts derived by the district from its operation and management of power plants or systems; or

(2) From the issuance or sale by the district of its warrants, notes, debentures, bonds, variable rate obligations, or other evidences of indebtedness, payable solely from such revenues, income, and receipts, or from the proceeds and avails of the sale of property of the district.

Any district may pledge and put up as collateral security for a loan any revenue debentures, notes, warrants, bonds, or other evidences of indebtedness, issued by it.

Source: SL 1950 (SS), ch 17, § 45; SDC Supp 1960, § 52.1745; SL 1989, ch 403, § 26.
S.D. Codified Laws § 49-43-43 — SD Code / Title 49 / Chapter 43 / Section 49-43-43
Provisions regarding uniform warehouse receipts applicable
Status: in_force

Unless otherwise specifically provided by this chapter, the provisions regarding uniform warehouse receipts in chapter 57A-7 apply to the receipts and contracts of public grain warehouses operating within this state.

Source: SL 2008, ch 249, § 31.
S.D. Codified Laws § 49-45-28 — SD Code / Title 49 / Chapter 45 / Section 49-45-28
Parent company furnishing financial statements responsible for financial obligations of licensed entity
Status: in_force

If an applicant for a grain buyer license that is a subsidiary of a parent company submits the financial statements of the parent company, the parent company furnishing the financial statements is responsible for all the financial obligations incurred by the licensed entity related to the purchase and storage of grain, including any voluntary credit sale contract.

Source: SL 2013, ch 238, § 20, eff. Apr. 1, 2013; SL 2015, ch 236, § 2.
S.D. Codified Laws § 49-34A-89 — SD Code / Title 49 / Chapter 34A / Section 49-34A-89
Withheld amounts paid at completion of project
Status: in_force

The amounts withheld by the department in accordance with § 49-34A-88 shall be retained until the project has been completed and the claimant has met all the conditions of §§ 49-34A-80 to 49-34A-92 , inclusive, at which time all sums retained shall be paid to claimant.

Source: SL 2001, ch 257, § 10.
S.D. Codified Laws § 49-16B-16 — SD Code / Title 49 / Chapter 16B / Section 49-16B-16
Lease terms, conditions and rentals
Status: in_force

Leases may be:

(1) Upon such terms, conditions, and rentals as in the judgment of the authority are in the public interest; or

(2) For a term of one year, with an option in the lessee to extend the term of the lease for a term of one year from the expiration of the original term of the lease and for one year from the expiration of each extended term of the lease, until the original term of the lease has been extended for a total number of years to be agreed upon by the parties at a rental which, if paid for the original term and for each of the full number of years for which the term of the lease may be extended, will amortize the total cost of the project financed.

The rental shall be paid at such times as the parties to the lease agree.

Source: SL 1980, ch 323, § 16; SL 1981 (2d SS), ch 4, § 7.
S.D. Codified Laws § 49-30-1 — SD Code / Title 49 / Chapter 30 / Section 49-30-1
Organization of company--Articles of incorporation--Contents of articles--Subscription by incorporators
Status: in_force

Any number of persons not less than three may form a corporation for the purpose of constructing, maintaining, and operating lines of telegraph or telephone in this state, and for the purpose of carrying on the business of a telegraph or telephone company, or for the purpose of maintaining and operating any lines of telegraph or telephone already constructed, by making articles of incorporation in which shall be stated:

(1) The name of the corporation, which may not be the same as that of any other corporation owning or operating lines of telegraph or telephone in this state;

(2) The place from which and to which such lines of telegraph or telephone are to be constructed, or maintained and operated, as the case may be;

(3) The estimated length of such lines of telegraph or telephone, and the name of each county in this state through or into which they are extended or intended to be constructed;

(4) The amount of capital stock of the corporation, the number of shares of which it shall consist, and, if such stock shall consist of common and preferred stock, the number and amount of each class;

(5) The names and residences of the directors of the corporation who shall manage its affairs for the first year and until others are chosen in their places, and who may not be less than three nor more than thirteen in number;

(6) The term for which the corporation shall exist, which may be perpetual;

(7) The place within this state where the principal office of the corporation shall be maintained, and where the corporate records and stock books of the corporation shall be kept.

Each of the incorporators shall subscribe to the articles of incorporation the incorporator's name, place of residence, and the number of shares of stock the incorporator agrees to take in such corporation.

Source: SDC 1939, § 52.1303; SL 2001, ch 255, § 1; SL 2018, ch 265, § 1.
S.D. Codified Laws § 49-16A-45 — SD Code / Title 49 / Chapter 16A / Section 49-16A-45
Inspection of roads by department
Status: in_force

Upon reasonable notice the Department of Transportation may inspect the roads of any railroad operating in this state.

Source: SL 1980, ch 322, § 44.
S.D. Codified Laws § 49-43-45 — SD Code / Title 49 / Chapter 43 / Section 49-43-45
Issuance of receipt with false statement as misdemeanor
Status: in_force

Any grain warehouse operator, or any officer, agent, or employee who fraudulently issues a receipt for goods knowing that it contains any false statement, is guilty of a Class 1 misdemeanor.

Source: SL 2008, ch 249, § 33.
S.D. Codified Laws § 49-16A-30 — SD Code / Title 49 / Chapter 16A / Section 49-16A-30
Services other than carriage and delivery--Statutes governing
Status: in_force

In respect to any service rendered by a railroad transporting freight, other than its carriage and delivery, its rights and obligations are according to the statutes on deposit and employer and employee.

Source: SDC 1939, § 8.1007; SDCL, § 49-5-21; SL 1980, ch 322, § 30.
S.D. Codified Laws § 49-48-3 — SD Code / Title 49 / Chapter 48 / Section 49-48-3
Acquisition in violation of chapter--Divestiture required--Time to divest
Status: in_force

Any prohibited person that acquires, including by devise or descent, any interest in an electric facility, in violation of this chapter, shall fully divest the interest within one year from the date of acquisition.

Source: SL 2026, ch 188, § 3.
S.D. Codified Laws § 49-32-2 — SD Code / Title 49 / Chapter 32 / Section 49-32-2
Malicious destruction of equipment--Misdemeanor--Civil liability
Status: in_force

It is a Class 2 misdemeanor for any person to maliciously destroy, injure, disconnect, cut, break, ground, or in any manner interfere with telecommunications facilities, a pole, cable, or wire legally erected or strung, or with an underground conduit, subway, or cable or an electrical or other apparatus, appliance, instrument, or machinery of any kind used in the construction or operation of telecommunications facilities or electric plant, line or system used in producing, generating, or transmitting any electric light, heat, or power. In addition to the criminal penalty therefor, such person is liable in damages for any injuries to persons or property resulting therefrom.

Source: SDC 1939, § 13.4520; SL 1983, ch 15, § 126; SL 1987, ch 345, § 86.
S.D. Codified Laws § 49-33-5 — SD Code / Title 49 / Chapter 33 / Section 49-33-5
Powers of corporation--Operation of business
Status: in_force

Upon the issue of a certificate pursuant to § 49-33-4 the subscribers to such articles of incorporation, and all persons who shall thereafter become stockholders in such corporation, shall be a corporation by the name of and may engage in the businesses specified in such articles and shall possess all the powers and be subject to all provisions of law relating to street railways and electric light and power companies and the provisions of this chapter and chapter 49-34 applicable thereto. And the rights and powers provided in said chapters with respect to street railways and electric companies shall be construed to extend and apply to the businesses engaged in by such corporation pursuant to the provisions hereof with respect to rights of way, acquisition and use of property, franchises, extensions of service and consolidations as the same relate to and are consistent with said businesses.

Source: SDC 1939, § 52.1502; SL 1947, ch 236, § 2.
S.D. Codified Laws § 49-16A-87 — SD Code / Title 49 / Chapter 16A / Section 49-16A-87
Crossing standards--Warning sign
Status: in_force

Each railroad shall construct at all points where its road crosses any public road, good, sufficient, and safe crossings and shall erect at such points, at a sufficient elevation from the road to admit free passage of vehicles of every kind, a sign with large and distinct letters giving notice of the proximity of the road and warning persons of the necessity for looking out for trains.

Source: SDC 1939, § 52.0923; SDCL, § 49-25-16; SL 1980, ch 322, § 86.
S.D. Codified Laws § 49-16A-32 — SD Code / Title 49 / Chapter 16A / Section 49-16A-32
Railroad responsible for agents' acts
Status: in_force

A railroad, operating as a common carrier, is absolutely responsible for the acts of its agents while acting in the scope of their agency when transporting freight.

Source: SDC 1939, § 52.0246; SDCL, § 49-5-28; SL 1980, ch 322, § 32.
S.D. Codified Laws § 49-7A-27 — SD Code / Title 49 / Chapter 7A / Section 49-7A-27
Board to accept panel's recommendation--Exception when party requests hearing--Conduct of hearing
Status: in_force

The board shall accept the recommendations of the panel unless either party requests a hearing. A party requests a hearing by rejecting the panel's recommendation within twenty days from the date of service of the notice. However, the board may extend the time period for requesting a hearing. Failure to request a hearing is considered acceptance of the panel's recommendation. If a hearing is held, the hearing shall be conducted before the board as a contested case under chapter 1-26 . Following the hearing, the board shall either render a decision dismissing the complaint for insufficient evidence or shall impose a penalty pursuant to the provisions of § 49-7A-18 or 49-7A-19 .

Source: SL 2002, ch 211, § 21; SL 2007, ch 264, § 3.
S.D. Codified Laws § 49-16A-53 — SD Code / Title 49 / Chapter 16A / Section 49-16A-53
Changing grade or location for convenience of public travel
Status: in_force

If a railroad finds it necessary, for the purpose of avoiding annoyance to public travel, or dangerous or difficult curves or grades, or unsafe or unsubstantial grounds or foundations, or for other reasonable causes, to change the grade or location of any portion of its road, it may make such changes of grade and location not departing from its general route.

Source: SDC 1939, § 52.0807; SDCL, § 49-19-19; SL 1980, ch 322, § 52.
S.D. Codified Laws § 49-34A-78 — SD Code / Title 49 / Chapter 34A / Section 49-34A-78
Nonapproval of application for phase in rate plan
Status: in_force

If the commission does not approve an application for a phase in rate plan as defined in § 49-34A-73 , the electric utility may not be prohibited from making, acquiring, or constructing plant additions and requesting and obtaining rate adjustments as authorized by this chapter.

Source: SL 1992, ch 331, § 6; SL 2012, ch 230, § 7.
S.D. Codified Laws § 49-13-27 — SD Code / Title 49 / Chapter 13 / Section 49-13-27
Joinder of parties--Service of process--Venue of service--Judgment in case of joint parties
Status: in_force

In all suits pursuant to § 49-13-24 , all parties in whose favor the commission has made an award of damages to a single order may be joined as plaintiffs, and all parties against whom the order awarding the damages is made, may be joined as defendants. The suits may be maintained by joint plaintiffs against joint defendants, in any court of proper jurisdiction in this state. Service of process against any one of such defendants not found in the county where the suit is brought may be made in any county where the defendant operates its lines or maintains an office. In case of a joint suit, the recovery, if any, may be by judgment in favor of any one or more of the plaintiffs, and against any one or more of the defendants.

Source: SDC 1939, § 52.0304; SL 1987, ch 345, § 40.
S.D. Codified Laws § 49-34A-25.3 — SD Code / Title 49 / Chapter 34A / Section 49-34A-25.3
Filing for annual rate adjustments--Contents
Status: in_force

A public utility may file annual rate adjustments to be applied to customer bills paid under the tariff approved pursuant to § 49-34A-25.2 . In the utility's filing, the public utility shall provide:

(1) A description of and context for the facilities included for recovery;

(2) A schedule for implementation of applicable projects;

(3) The public utility's costs for these projects;

(4) A description of the public utility's efforts to ensure the lowest reasonable costs to ratepayers for the project; and

(5) Calculations to establish that the rate adjustment is consistent with the terms of the tariff established in § 49-34A-25.2 .

Source: SL 2006, ch 239, § 3.
S.D. Codified Laws § 49-41B-29 — SD Code / Title 49 / Chapter 41B / Section 49-41B-29
Transfer of permit--Commission approval--Rules
Status: in_force

A permit may be transferred, subject to the approval of the Public Utilities Commission to a person who agrees to comply with the terms, conditions, and modifications contained therein. The commission shall adopt rules pursuant to the authority granted under this chapter.

Source: SL 1977, ch 390, § 4.
S.D. Codified Laws § 49-33-9 — SD Code / Title 49 / Chapter 33 / Section 49-33-9
Powers of corporation--Purchase of property--Disposition of unneeded property
Status: in_force

Every corporation organized under this chapter shall have power to acquire by purchase or under the provisions of chapter 49-34 all such real and other property as may be necessary for the operation of its railway, power and lighting plants and grounds and accommodation reasonably necessary to accomplish the objects of its incorporation; to hold and use the same; and to lease, sell, or otherwise dispose of any part or parcel when not required and no longer necessary for its use.

Source: SDC 1939, § 52.1509 (4).
S.D. Codified Laws § 49-31-119 — SD Code / Title 49 / Chapter 31 / Section 49-31-119
Charge for exclusion of number from wireless directory assistance service database prohibited
Status: in_force

No person may charge a subscriber for making the choice to not be listed in a wireless directory assistance database or for removing the subscriber's mobile telecommunications service telephone number from a wireless directory assistance database at the subscriber's request.

Source: SL 2005, ch 243, § 3.
S.D. Codified Laws § 49-41B-4.3 — SD Code / Title 49 / Chapter 41B / Section 49-41B-4.3
Seasonal diversity exchange of electric power
Status: in_force

The transmission line to be used in the seasonal diversity exchange of electric power as set forth in the Public Utility Regulatory Policies Act of 1978, Public Law 95-617, Title 6, Section 602, is hereby declared to be subject to this chapter.

Source: SL 1979, ch 318, § 5; SL 1980, ch 327, § 5.
S.D. Codified Laws § 49-34A-72 — SD Code / Title 49 / Chapter 34A / Section 49-34A-72
Commission participation in federal proceedings--Recovery of expenses
Status: in_force

If the commission intervenes or otherwise participates in rate, certificate, or related proceedings before a federal agency and the commission's intervention or participation results, after final litigation, in a refund in wholesale rates to a public utility serving customers in South Dakota, the commission shall be reimbursed from the amount refunded to the South Dakota public utility in an amount equal to the litigation expenses reasonably incurred by the commission. The litigation expenses shall include reasonable attorney's fees, expert witness fees, and all other associated costs. The commission may assess the public utility for the amount of the reimbursement provided for in this section, and the reimbursement assessed shall be deposited in the commission's gross receipts tax fund established pursuant to § 49-1A-2 .

Source: SL 1983, ch 342; SL 1991, ch 381, § 14; SL 1994, ch 352, § 8.
S.D. Codified Laws § 49-45-22 — SD Code / Title 49 / Chapter 45 / Section 49-45-22
Class A license requirements--Violation as misdemeanor
Status: in_force

A grain buyer with a Class A license shall keep all company owned grain in the grain buyer's possession insured at current market value of the grain against loss by fire, windstorm, and extended coverage risks. The grain buyer shall furnish the commission with proof of the insurance when the grain buyer applies for a license. A grain buyer with a Class A license shall submit a quarter-ending balance sheet to the commission for inspection within thirty days of the end of each quarter. The balance sheet reports shall be based on each grain buyer's fiscal year. A violation of this section is a Class 1 misdemeanor.

Source: SL 2008, ch 251, § 20; SL 2018, ch 268, § 3.
S.D. Codified Laws § 49-31-38.3 — SD Code / Title 49 / Chapter 31 / Section 49-31-38.3
Action by attorney general to forfeit franchise or enjoin transaction of business
Status: in_force

The attorney general shall commence an action in any court of competent jurisdiction in this state, or against any telecommunications company for the purpose of having its corporate franchise forfeited, or for the purpose of having it perpetually enjoined from transacting any business within this state, when the commission reports that any telecommunications company has violated the provisions of § 49-31-38.2 .

Source: SDC 1939, § 52.0255; SDCL, § 49-3-26; SL 1987, ch 345, § 76.
S.D. Codified Laws § 49-34A-105 — SD Code / Title 49 / Chapter 34A / Section 49-34A-105
Annual reports concerning renewable, recycled, and conserved energy objective
Status: in_force

Beginning on July 1, 2009, each retail provider shall annually report to the commission on the provider's energy sales during the twelve month period ending on the preceding December thirty-first. This report shall include information regarding qualifying electricity delivered and renewable and recycled energy certificates purchased and retired as a percentage of annual retail sales, the amount of conserved energy as a percentage of annual retail sales, and a brief narrative report that describes steps taken to meet the state renewable, recycled, and conserved energy objective over time and identifies any challenges or barriers encountered in meeting the objective. The last annual report shall be made on July 1, 2017. The commission shall make the data and narrative reports available and accessible to the public on the internet. The commission shall compile the data obtained from the reports and submit the data to the Legislature by the following January first. A distribution cooperative may aggregate the cooperative's reporting through generation and transmission cooperatives and a municipal utility may aggregate the utility's reporting through a municipal power agency.

Source: SL 2008, ch 244, § 5; SL 2009, ch 241, § 5.
S.D. Codified Laws § 49-16A-59 — SD Code / Title 49 / Chapter 16A / Section 49-16A-59
Filing as vesting right to use--Duration of right--Forfeiture for failure to use
Status: in_force

The filing with the commissioner of school and public lands of the map required by § 49-16A-58 authorizes the railroad, for one year from the filing date, to enter upon the land so surveyed and selected and construct a road thereon. If the railroad does not construct its road across the land within one year after the filing of the map, it forfeits all rights acquired by the filing of the map.

Source: SDC 1939, § 52.0816; SDCL, § 49-20-8; SL 1980, ch 322, § 58.
S.D. Codified Laws § 49-41B-31 — SD Code / Title 49 / Chapter 41B / Section 49-41B-31
Order not stayed by appeal--Stay or suspension by court
Status: in_force

Notwithstanding the provisions of § 49-41B-30 , the pendency of proceedings on appeal from a Public Utilities Commission order shall not of itself stay or suspend the operation of the order, but during the pendency of the proceedings the court may, upon motion by one of the parties, stay or suspend, in whole or in part, the operation of the commission's order on terms it deems just, and in accordance with the practice of courts exercising equity jurisdiction, but no stay shall be granted without notice to the parties and opportunity to be heard by the court. No commission order shall be stayed or suspended absent a finding that, great or irreparable damage would otherwise result to the party seeking the stay or suspension and any other staying or suspending a commission order shall specify the nature of the damage.

Source: SL 1977, ch 390, § 24.
S.D. Codified Laws § 49-7A-30 — SD Code / Title 49 / Chapter 7A / Section 49-7A-30
Board to maintain docket and index
Status: in_force

The board 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 board 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: SL 2002, ch 211, § 24.
S.D. Codified Laws § 49-16A-7 — SD Code / Title 49 / Chapter 16A / Section 49-16A-7
Unreasonable discrimination prohibited
Status: in_force

A railroad providing transportation or service may not subject a person, place, port, or type of traffic to unreasonable discrimination.

Source: SL 1980, ch 322, § 7.
S.D. Codified Laws § 49-37-3.1 — SD Code / Title 49 / Chapter 37 / Section 49-37-3.1
Criteria considered in development of power systems--Alternative sources--Board determination as to size of facility
Status: in_force

In order to provide electric power and energy to the people of this state at a more economical cost and with greater reliability, the board of directors of a consumers power district in providing for development of power plants, lines and systems or interest therein, for the generation, transmission, and transformation of electric power and energy, shall take into account, among other things, the reliability and availability of existing alternative supply sources and economies and exigencies to be achieved in developing large scale facilities for the generation and transmission of electric power and energy, whether or not such facilities have a capacity or capability in excess of the present or foreseeable needs of such district. A determination by a board of directors as to the size of the facility to be developed shall be made by resolution, and shall be final.

Source: SL 1976, ch 298, § 4.
S.D. Codified Laws § 49-32A-9 — SD Code / Title 49 / Chapter 32A / Section 49-32A-9
Meetings of district trustees--Regular time and place--Notice of change
Status: in_force

The board of trustees shall meet once a month at a regular time and place to transact the business of the district, the time and place to be fixed by the trustees and any change in the time and place of meetings shall be given by publication of notice in a newspaper most likely to give notice to the taxpayers within such district.

Source: SL 1976, ch 76, § 12.
S.D. Codified Laws § 49-17A-11 — SD Code / Title 49 / Chapter 17A / Section 49-17A-11
Addition of subdivision to authority
Status: in_force

A regional authority may be increased to serve an additional subdivision upon approval by resolution of the additional subdivision pursuant to this chapter and approval of the commissioners.

Source: SL 1978, ch 344, § 11; SL 1981, ch 333, § 2.
S.D. Codified Laws § 49-31-7.1 — SD Code / Title 49 / Chapter 31 / Section 49-31-7.1
Powers and duties of commission
Status: in_force

The commission may:

(1) Examine and inspect the condition of each telecommunications company in this state and of its equipment, and the manner of its conduct and management with reference to the safety, accommodation and convenience of the public;

(2) Require any telecommunications company doing business in this state to install any facility necessary for the safety, convenience and accommodation of the public;

(3) Inquire into the management of the business of all telecommunications companies subject to the provisions of this chapter, and the commission shall keep informed as to the manner and method in which the same is conducted, and may obtain from such telecommunications companies full and complete information necessary to enable it to perform the duties and carry out the objects for which it was created;

(4) Require annual reports and such special reports which, in the opinion of the commission, are necessary or proper for its information;

(5) Prescribe the forms of any and all accounts, records and memoranda to be kept by telecommunications companies;

(6) Inspect all accounts, records and memoranda kept by telecommunications companies and may employ special agents or examiners who have authority, under the order of the commission, to examine any and all accounts, records and memoranda kept by any telecommunications company engaged in interstate commerce;

(7) Examine any of the books, papers or documents of any such telecommunications company and to examine under oath or otherwise any officer, director, agent or employee of any such telecommunications company; and

(8) Issue subpoenas to compel the attendance and testimony of witnesses and the production of all books, papers, tariffs, schedules, contracts, agreements and documents relating to any matter under investigation, and to that end may invoke the aid of any court of this state in requiring the attendance and testimony of witnesses and the production of books, papers and documents under the provisions of this section. The attendance of witnesses and the production of documents, books and papers may be required from any place in the state at any designated place of hearing.

Source: SDC 1939, §§ 52.0202 to 52.0205, 52.0256, 52.0259; SDCL, §§ 49-3-6, 49-3-10, 49-3-11, 49-3-12, 49-3-13, 49-3-16, 49-3-17, 49-3-19, 49-3-20; SL 1987, ch 345, § 49.
S.D. Codified Laws § 49-34A-2 — SD Code / Title 49 / Chapter 34A / Section 49-34A-2
Service required of utilities
Status: in_force

Every public utility shall furnish adequate, efficient, and reasonable service.

Source: SL 1970, ch 261, § 32; SDCL Supp, § 49-41-9.1; SL 1975, ch 283, § 2.
S.D. Codified Laws § 49-34A-37 — SD Code / Title 49 / Chapter 34A / Section 49-34A-37
Purchase of voting stock in other utilities prohibited without commission's consent--Violation as petty offense--Separate offenses
Status: in_force

No public utility subject to the jurisdiction of the commission may purchase voting stock in another public utility doing business in South Dakota without first having made application to and received the approval of the commission within the time and in the manner provided in § 49-34A-36 . An intentional violation of this section is a petty offense. After the first judgment, each day's violation is a separate offense.

Source: SL 1975, ch 283, § 24; SL 1983, ch 15, § 143; SL 2007, ch 270, § 3.
S.D. Codified Laws § 49-16A-19 — SD Code / Title 49 / Chapter 16A / Section 49-16A-19
Restraint of trade provisions applicable to railroads
Status: in_force

For the purposes of intrastate commerce, a railroad is not a regulated utility as defined in § 37-1-3.5 and is subject to the provisions of chapter 37-1 .

Source: SL 1980, ch 322, § 19.
S.D. Codified Laws § 49-31-5.3 — SD Code / Title 49 / Chapter 31 / Section 49-31-5.3
Independent telecommunications companies--Procedure for election by subscribers to be regulated by commission
Status: in_force

The ballot to be used in the election shall be approved by the independent telecommunications company and the commission. The commission shall mail ballots, at company cost, to the company's subscribers who shall return the ballots to the commission. The commission shall keep the ballots sealed until the date agreed upon by the commission and board of directors. On the date set, a commission representative and a representative of the company shall count the ballots. If a majority of the company's subscribers elect to become subject to regulation by the commission, the election shall be effective thirty days after the date the ballots are counted.

Source: SL 1982, ch 329, § 4; SL 1992, ch 328, § 13.
S.D. Codified Laws § 49-16A-105 — SD Code / Title 49 / Chapter 16A / Section 49-16A-105
Entry upon railroad equipment while armed a felony
Status: in_force

No person, either individually or as a member of any mob, band, or assembly, shall enter upon, occupy, or appropriate any part of a railway train or of railway equipment used or useful in the transportation of passengers or property, or in the maintenance or operation of any road in this state, armed with any instrument or weapon of any kind, for the purpose of committing any offense, or shall ride in any other than the usual, proper, and lawful manner at the legal rate of fare prescribed in the tariffs of the railroad, and in the proper coaches or cabooses provided for the purpose. A violation of this section is a Class 5 felony.

Source: SDC 1939, §§ 52.1204, 52.9921; SDCL, § 49-27-6; SL 1980, ch 322, § 104.
S.D. Codified Laws § 49-16A-115 — SD Code / Title 49 / Chapter 16A / Section 49-16A-115
Abandonment of right-of-way on public or Indian lands--Title claims
Status: in_force

A railroad which abandons service over, salvages and removes its rail, ties and other track material from any right - of - way in which it claims any right, title or interest in public lands, as prescribed by the act of Congress approved March 3, 1875, as amended, or in Indian lands as prescribed by the act of Congress approved March 2, 1889, as amended, or § 49-16A-55 , shall settle title claims with adjoining landowners and municipalities within one year after salvage of the abandoned road is complete or title to the abandoned railroad right - of - way easement reverts and vests, by operation of law, pursuant to 42 Stat. 414 (March 8, 1922).

Source: SL 1981, ch 329, § 1.
S.D. Codified Laws § 49-13-1 — SD Code / Title 49 / Chapter 13 / Section 49-13-1
Application to commission by interested party--Direct damage unnecessary--Rules prescribing form and procedure for complaints
Status: in_force

Any person complaining of anything done or omitted by any telecommunications company or motor carrier subject to the provisions of this title in contravention of the provisions thereof, may apply to the commission for relief. No complaint may at any time be dismissed because of the absence of direct damage to the complainant or petitioner. The commission may make rules of practice prescribing the form and procedure for complaints in accordance with chapter 1-26 .

Source: SDC 1939, § 52.0301; SL 1987, ch 345, § 17.
S.D. Codified Laws § 49-16A-100 — SD Code / Title 49 / Chapter 16A / Section 49-16A-100
Utility poles and wires on right-of-way--Commission to regulate
Status: in_force

The Public Utilities Commission shall make rules and regulations for the setting of poles on railroad right - of - way, and the stringing or suspending of telephone, telegraph, electric, or other wires over the track of railroads.

Source: SDC 1939, § 52.0258; SDCL, § 49-7-3 ; SL 1980, ch 322, § 99.
S.D. Codified Laws § 49-1-5 — SD Code / Title 49 / Chapter 1 / Section 49-1-5
Vacancies in office of commissioner--Appointment by Governor--Term of appointment
Status: in_force

If a vacancy occur in the office of Public Utilities Commissioner from death, resignation, or otherwise, the Governor of the state shall make a temporary appointment to fill such vacancy, but the person so appointed shall hold such office only until the next general election and until his successor is elected and qualified. Notwithstanding such appointment, there shall be chosen at the next general election after such vacancy occurs in such office, a public utilities commissioner to fill such vacancy, who shall hold his office only for the unexpired term of the person originally elected thereto.

Source: SDC 1939, § 52.0103.
S.D. Codified Laws § 49-43-15 — SD Code / Title 49 / Chapter 43 / Section 49-43-15
Conditions to issuance of receipt--Violation as misdemeanor
Status: in_force

No warehouse receipt may be issued by a public grain warehouse except upon actual delivery of grain into the warehouse; nor may a receipt be issued for a greater quantity of grain than was actually received; nor may more than one receipt be issued for the same lot of grain, unless receipt for part of a lot is desired, and then the aggregate receipts for a particular lot shall cover that lot and no more. A violation of this section is a Class 1 misdemeanor.

Source: SDC 1939, § 60.0316; SL 1983, ch 15, § 165; SL 1985, ch 376, § 36; SL 2008, ch 249, § 19.
S.D. Codified Laws § 49-41B-24.1 — SD Code / Title 49 / Chapter 41B / Section 49-41B-24.1
Extension of deadlines
Status: in_force

Upon request of the applicant, the commission may extend the deadlines for commission action established in §§ 49-41B-24 and 49-41B-25 .

Source: SL 2019, ch 200, § 10.
S.D. Codified Laws § 49-31-7.4 — SD Code / Title 49 / Chapter 31 / Section 49-31-7.4
Obstruction of commission--Civil fine
Status: in_force

No person may obstruct the commission or any member thereof in the performance of any of its duties or functions or refuse to give any information within its possession or to produce any record or evidence that may be required by the commission or member within the purview of its or his duties as such commission or member. Any person who violates this section may be punished by a civil fine not exceeding one thousand dollars.

Source: SDC 1939, §§ 52.0203, 52.9901; SDCL, § 49-3-15; SL 1983, ch 15, § 96; SL 1983, ch 331, § 7; SL 1987, ch 345, § 52.
S.D. Codified Laws § 49-34A-98 — SD Code / Title 49 / Chapter 34A / Section 49-34A-98
Approval, rejection, or modification of certain electric service tariffs
Status: in_force

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

(1) Allows the public utility to recover on a timely basis the costs and expenses net of revenues of environmental improvements described in § 49-34A-97 ;

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

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

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

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

Source: SL 2007, ch 272, § 2.
S.D. Codified Laws § 49-34-18 — SD Code / Title 49 / Chapter 34 / Section 49-34-18
Unauthorized use of service--Definitions
Status: in_force

Terms as used in this section and §§ 49-34-19 to 49-34-21 , inclusive, mean:

(1) "Bypassing," the act of attaching, connecting or in any manner affixing any wire, cord, socket, motor or other instrument, device or contrivance to the utility supply system or any part thereof in a manner as to transmit, supply or use any utility service without passing through an authorized meter for measuring or registering the amount of utility service;

(2) "Customer," the person responsible for payment for utility services for the premises. The term includes employees and agents of the customer;

(3) "Tampering," damaging, altering, adjusting or in any manner interfering with or obstructing the action or operation of any meter provided for measuring or registering the amount of utility service passing through the meter, or any valve provided by the utility for preventing back flow of water into the supply lines, or any other devices owned and maintained by the utility;

(4) "Unauthorized metering," removing, moving, installing, connecting, reconnecting or disconnecting any meter or metering device for utility service by a person other than an authorized employee or agent of a utility;

(5) "Utility," any public utility, municipally owned utility, rural water system or cooperative utility which provides electricity, gas or water for sale to consumers;

(6) "Utility service," the provision of electricity, gas, water or any other service or commodity customarily furnished by the utility for compensation;

(7) "Utility supply system," includes all wire, conduits, pipes, cords, sockets, motors, meters, instruments and all other devices used by the utility for the purpose of providing utility service.

Source: SL 1985, ch 375, § 1; SL 1999, ch 228, § 1.
S.D. Codified Laws § 49-31-93 — SD Code / Title 49 / Chapter 31 / Section 49-31-93
Subscriber not liable for unauthorized change of carrier, products or services--Company to compensate subscriber
Status: in_force

A subscriber is not liable for any charges imposed by a telecommunications company that initiates a telecommunications carrier change without authorization from the subscriber or for the billing of unauthorized products or services. In addition, the telecommunications company that initiates the unauthorized change or the billing of unauthorized products or services shall pay to the subscriber one thousand dollars.

Source: SL 1999, ch 227, § 5.
S.D. Codified Laws § 49-7-22 — SD Code / Title 49 / Chapter 7 / Section 49-7-22
Telecommunications and electrical facilities across school and public lands
Status: in_force

Section 49-7-2 and §§ 49-7-11 to 49-7-21 , inclusive, are applicable to corporations, partnerships, or individuals insofar as the provisions apply to a right - of - way on school and public lands for the construction, operation, or maintenance of telecommunications or electric transmission lines including such land as may be reasonably necessary for stations, substations, or buildings necessary for the transmission of telecommunications messages or electrical energy.

Source: SL 1980, ch 321, § 13; SL 1987, ch 345, § 1.
S.D. Codified Laws § 49-16A-78 — SD Code / Title 49 / Chapter 16A / Section 49-16A-78
Entries upon land--Appropriation of land--Purposes of appropriation
Status: in_force

Each railroad authorized to construct, operate, or maintain a road within this state may enter upon any land for the purpose of examining and surveying its road, and may take, hold, and appropriate so much real property as may be necessary for the location, construction, and convenient use of its road, including all necessary grounds for buildings, stations, workshops, depots, machine shops, switches, sidetracks, snow defenses, and water stations. It may take all materials for the construction of the road and its appurtenances, and the right of way over adjacent land sufficient to enable the railroad to construct and repair its road. The railroad may obtain the right to such real property by purchase or condemnation in the manner provided by law.

Source: SDC 1939, § 52.0811; SDCL, § 49-20-1; SL 1980, ch 322, § 77.
S.D. Codified Laws § 49-33-17 — SD Code / Title 49 / Chapter 33 / Section 49-33-17
Officers of corporation
Status: in_force

The directors shall appoint a president and vice - president; they may also appoint a secretary, treasurer, and such other officers or agents as are prescribed by the bylaws.

Source: SDC 1939, § 52.1505; SL 1986, ch 396, § 6.
S.D. Codified Laws § 49-31-4.3 — SD Code / Title 49 / Chapter 31 / Section 49-31-4.3
Accounts of other businesses--Consideration by commission--Disallowance of unreasonable profits--Burden of proof
Status: in_force

Each telecommunications company engaged directly or indirectly in any business other than that of providing telecommunications service shall keep and, if requested by the commission, render separately to the commission, in like manner and form the relevant accounts of all such other businesses. The provisions of this chapter apply to the books, accounts, papers and records of relevant transactions with such other businesses. All profits and losses of such other business may be considered by the commission as are relevant to the general fiscal condition of the telecommunications company. The commission, in determining the allowance for materials or services to be included in costs of operations for rate of return or price regulation for noncompetitive services, may disallow any unreasonable profit made in the sale of materials to or service supplied for any telecommunications company by any firm or corporation owned or controlled directly or indirectly by such company or any affiliate, subsidiary, parent company, associate or any corporation whose controlling stockholders are also controlling stockholders of such telecommunications company. The burden of proof shall be on the telecommunications company to prove that no unreasonable profit is involved.

Source: SL 1988, ch 375, § 14.
S.D. Codified Laws § 49-1-6 — SD Code / Title 49 / Chapter 1 / Section 49-1-6
Oath and bond of commissioners
Status: in_force

Each Public Utilities Commissioner shall take and subscribe the same oath as required of other state officers, and shall be included in the state employees' blanket bond in the penal sum of five thousand dollars conditioned for the faithful performance of his duties.

Source: SDC 1939, § 52.0105; SL 1983, ch 13, § 28.
S.D. Codified Laws § 49-32A-7 — SD Code / Title 49 / Chapter 32A / Section 49-32A-7
Initial board of trustees for district--Number--Qualifications--Terms of office
Status: in_force

The board of county commissioners, upon the creation of the district, and as a part of the order creating the district, shall appoint a board of no less than three nor more than five trustees to administer the affairs of the district. Each of the trustees shall be a resident of the district. The trustees so appointed upon creation of such district shall be appointed for staggered terms of one, two and three years. If more than one county is involved, one of the trustees shall be appointed from the county having the smallest population based on the most recent federal decennial census, and such trustee shall be given the three - year term.

Source: SL 1976, ch 76, § 5; SL 1979, ch 315, § 1.
S.D. Codified Laws § 49-16B-23 — SD Code / Title 49 / Chapter 16B / Section 49-16B-23
Negotiable revenue bonds--Resolution for issuance--Legislative approval
Status: in_force

The authority may at one time, or from time to time, provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost of one or combination of projects. However, no revenue bonds may be sold to raise the funds for payment of such project until after the Legislature by law declares the same to be in the public interest.

Source: SL 1980, ch 323, § 22.
S.D. Codified Laws § 49-17A-24 — SD Code / Title 49 / Chapter 17A / Section 49-17A-24
Covenant to levy taxes until bonds paid
Status: in_force

Prior to the issuance of bonds, the authority may by resolution covenant and agree that the total amount of such taxes authorized or any portion thereof will be certified, levied, and deposited annually as herein provided, until the bonds and interest thereon are fully paid.

Source: SL 1978, ch 344, § 22.
S.D. Codified Laws § 49-31-25 — SD Code / Title 49 / Chapter 31 / Section 49-31-25
Disclosure of contents, refusal to send or forging receipt of message as misdemeanor--Judicially ordered disclosure excepted
Status: in_force

It is a Class 2 misdemeanor for any person connected in any capacity with a telecommunications company, with the intent to injure, deceive or defraud the sender or intended receiver thereof, or the company or provider, or to benefit himself or any other person, to:

(1) Intentionally divulge the contents or the nature of a private communication entrusted to him for transmission or delivery;

(2) Refuse or neglect to transmit or deliver the private communication; or

(3) Intentionally forge the name of the intended receiver to the private communication.

The provisions of this section do not apply to any person who divulges the contents of a private communication upon the order of a circuit court judge.

Source: SDC 1939, §§ 52.1319, 52.9926; SL 1983, ch 15, § 116; SL 1987, ch 345, § 69.
S.D. Codified Laws § 49-41B-4.4 — SD Code / Title 49 / Chapter 41B / Section 49-41B-4.4
Trans-state transmission facility--Eminent domain--Acquisition of fee in land contiguous to right-of-way--Divestiture of agricultural land
Status: in_force

In the exercise of the authority of eminent domain pursuant to chapter 21-35 to acquire right - of - way or other property for a trans - state transmission facility, as defined by § 49-41B-2 , a property owner shall have the option to require the utility to take a fee interest in any amount of contiguous land outside the designated right - of - way that the property owner owns and elects in writing to transfer to the utility within sixty days of receipt of the notice of filing of a petition pursuant to § 21-35-1 . The fee acquisition of contiguous lands as required by this section is a taking for a public purpose and for use in the operation of the utility. The utility is required to divest itself completely of all lands used for farming or capable of being used for farming within five years after the date of acquisition pursuant to this section. If these lands are not divested as provided by this section, they must be sold at a public sale as provided by chapter 21-47 . No land more than one - half mile from the center line of the power line may be taken.

Source: SL 1980, ch 327, § 9; SL 2025, ch 193, § 2.
S.D. Codified Laws § 49-31-83 — SD Code / Title 49 / Chapter 31 / Section 49-31-83
Telecommunications companies may form associations--Policy restrictions
Status: in_force

The commission may not prohibit telecommunications companies from voluntarily forming an association to assist in the administration and filing of schedules or tariffs and to engage in the pooling of access costs and revenues in a manner which is consistent with preserving and advancing universal service throughout this state or consistent with the Public Communications Network Infrastructure policies set forth in §§ 49-31-60 and 49-31-61 .

Source: SL 1998, ch 274, § 25.
S.D. Codified Laws § 49-33-23 — SD Code / Title 49 / Chapter 33 / Section 49-33-23
Issuance of preferred stock
Status: in_force

Notwithstanding the provisions of §§ 47-1A-601 to 47-1A-640.5 , inclusive, a corporation, now or hereafter formed under the provisions of this chapter may provide in its articles of incorporation, or in any amendment thereof, for the issuance of preferred stock in series and authorize the board of directors (within the limits, if any, prescribed in such articles of incorporation or amendment) to fix certain or all of the characteristics and rights thereof.

Source: SDC 1939, § 52.1518 as enacted by SL 1949, ch 211; SL 2005, ch 202, § 10.
S.D. Codified Laws § 49-48-5 — SD Code / Title 49 / Chapter 48 / Section 49-48-5
Cause of action--Jurisdiction--Recovery of attorney fees and costs--Burden of proof--Time to bring action
Status: in_force

The commission, or a receiver appointed pursuant to § 49-48-4 , may bring an action, pursuant to title 15, in the circuit court of Hughes County, to enforce the forfeiture or divestiture of a prohibited person's interest in the electric facility or to terminate an agreement in violation of this chapter.

The commission or receiver may recover attorney fees and costs incurred in the enforcement of the provisions of this chapter. The attorney fees and costs may be assessed against the prohibited person or recovered from the sale of the prohibited person's interest.

The court may not enter an order granting the request for relief pursuant to this section unless:

(1) The commission or receiver proves any alleged violation of this chapter by a preponderance of the evidence; and

(2) The action is brought within three years after the first allegation of the violation is referred to the commission, as provided in § 49-48-4 .

Source: SL 2026, ch 188, § 5.
S.D. Codified Laws § 49-34A-32 — SD Code / Title 49 / Chapter 34A / Section 49-34A-32
Findings required to permit issue of securities or assumption of obligation
Status: in_force

The Public Utilities Commission shall make an order under § 49-34A-29 only if it finds that an issue or assumption is for some lawful object, within the corporate purposes of the applicant and compatible with the public interest, which is necessary or appropriate for or consistent with the proper performance by the applicant of service as a public utility and which will not impair its ability to perform that service, and is reasonably necessary or appropriate for such purposes.

Source: SL 1975, ch 283, § 18.
S.D. Codified Laws § 49-16A-92 — SD Code / Title 49 / Chapter 16A / Section 49-16A-92
Notice to railroad to erect fence--Contents of notice--Time for compliance
Status: in_force

If the owner of a tract of land has completed his portion of the fence around the proposed inclosure, he shall give written notice of its completion to the railroad on whose road the tract is situated, by service on the railroad describing in the notice the situation of the tract and the appropriate number of acres to be inclosed and the length of the fence required along the line of the railroad to complete the proposed inclosure.

The railroad shall supply the materials needed to construct and complete its portion of the fence within forty - five days after the service of the notice.

Source: SDC 1939, § 52.0911; SDCL, § 49-20-23; SL 1976, ch 294, § 25; SL 1980, ch 322, § 91.
S.D. Codified Laws § 49-41B-28 — SD Code / Title 49 / Chapter 41B / Section 49-41B-28
Supersession of local land use controls--Exception
Status: in_force

A permit for the construction of a transmission facility within a designated area may supersede or preempt any county or municipal land use, zoning, or building rules, regulations, or ordinances upon a finding by the Public Utilities Commission that such rules, or regulation, or ordinances, as applied to the proposed route, are unreasonably restrictive in view of existing technology, factors of cost, or economics, or needs of parties where located in or out of the county or municipality. Without such a finding by the commission, no route shall be designated which violates local land-use zoning, or building rules, or regulations, or ordinances.

Source: SL 1977, ch 390, § 31; SL 2024, ch 189, § 6, rejected Nov. 5, 2024.
S.D. Codified Laws § 49-31-59 — SD Code / Title 49 / Chapter 31 / Section 49-31-59
Procedures for approving sale of telecommunications exchanges
Status: in_force

Any sale of a telecommunications exchange shall be approved by the commission. Within twenty days following receipt of a telecommunications company's application to sell an exchange, the commission shall publish notice of the proposed sale in a newspaper of general circulation in each county in which an exchange to be sold provides service. The applicant shall reimburse the commission for the cost of the publication. The notice shall inform the public of their right to file a petition of intervention in the proceeding or to submit comment within fifteen days following publication of the notice. The commission shall consider the protection of the public interest, and to the extent applicable, the adequacy of local telephone service, the reasonableness of rates for local service, the provision of 911, enhanced 911, and other public safety services, the payment of taxes, and the ability and commitment of the local exchange company to provide modern, state-of-the-art telecommunications services. If no hearing is held on the application, the commission shall issue its order pursuant to this section within forty-five days following the publication of the notice. If a hearing is held on the application, the commission shall issue its order pursuant to this section within one hundred twenty days following the publication of the notice. The commission's order may include conditions that the commission finds necessary to ensure compliance with the criteria set forth in this section. For the purposes of this section, the term, sale, means the passing, for consideration, of title to the assets comprising a telecommunications exchange, but does not include nonasset sale transactions such as mergers, consolidations, stock sales, or financing transactions. For the purposes of this section, the term, exchange, means the switching, transmission, other equipment and facilities and associated permits, authorizations, service rights, customer contracts, and related assets by which a telecommunication company provides local exchange service throughout a local exchange area utilizing its own facilities.

Source: SL 1995, ch 263, § 2; SL 2005, ch 245, § 2.
S.D. Codified Laws § 49-34A-70 — SD Code / Title 49 / Chapter 34A / Section 49-34A-70
Preference on calendar for proceedings under chapter
Status: in_force

All actions and proceedings under this chapter, and all actions or proceedings to which the Public Utilities Commission or the State of South Dakota may be parties, and in which any question arises under this chapter, or under or concerning any order or decision of the commission, shall be preferred over all other civil causes, except election causes, irrespective of position on the calendar.

Source: SL 1975, ch 283, § 49.
S.D. Codified Laws § 49-1-14 — SD Code / Title 49 / Chapter 1 / Section 49-1-14
Attorney general as adviser to commission--Suits by commission
Status: in_force

The attorney general shall at all times, when requested, give the Public Utilities Commission such counsel and advice as they may from time to time require; and it shall be his duty to institute and prosecute, whenever requested by the Public Utilities Commission, any and all suits which such commission may deem it expedient and proper to institute, and he shall render to such commission such counsel, advice, and opinions in writing when requested, as are necessary to carry out the provisions of this title or any law of this state, according to the true intent and meaning thereof.

Source: SDC 1939, § 52.0253.
S.D. Codified Laws § 49-35-6 — SD Code / Title 49 / Chapter 35 / Section 49-35-6
Rural areas--Petition to clerk of courts
Status: in_force

A consumers power district may be organized in a rural area under the provisions of this chapter by filing within ninety days after the earliest date of the signing by any petitioner in the office of the clerk of courts of the county in which the principal place of business of said district is to be located, the original petition prepared in compliance with the requirements of this chapter and by filing certified copies of such petition in the office of the clerk of courts of all other counties of the State of South Dakota into which any part of the proposed district shall extend.

Source: SL 1950 (SS), ch 17, § 6; SDC Supp 1960, § 52.1706.
S.D. Codified Laws § 49-16B-34 — SD Code / Title 49 / Chapter 16B / Section 49-16B-34
Interim notes--Interest--Redemption by authority
Status: in_force

Interest on the notes may be made payable semiannually, annually or at maturity. The notes may be made redeemable, prior to maturity, at the option of the authority, in the manner and upon the terms fixed by the resolution authorizing their issuance.

Source: SL 1980, ch 323, § 32.
S.D. Codified Laws § 49-43-52 — SD Code / Title 49 / Chapter 43 / Section 49-43-52
Grain and warehouse fund established
Status: in_force

Any money collected by the commission pursuant to chapters 49-43 and 49-45 shall be paid into the state treasury and credited to the grain and warehouse fund which is hereby established in the state treasury. Any money credited in the fund and any interest earned on the fund are continuously appropriated to the commission for the implementation of the provisions of chapters 49-43 and 49-45 .

Source: SL 2008, ch 249, § 40.
S.D. Codified Laws § 49-47-3 — SD Code / Title 49 / Chapter 47 / Section 49-47-3
Notice to utility prerequisite to civil action--Utility measurements--Remedial procedures
Status: in_force

Any dairy producer in this state who claims that the producer's dairy cows are being affected by any form or type of electrical energy allegedly attributable to an electric utility including, without limitation, stray current or voltage, shall, as a condition precedent to commencing any civil action against the utility, provide written notice of the affect to the utility. The notice shall specify why the dairy producer believes the producer's dairy cows are being affected by electrical energy attributable to the utility. Within fourteen business days of receipt of the notice, the utility shall take measurements at cow contact points at the dairy producer's dairy to identify the existence and magnitude of stray current or voltage, if any. If the utility finds a level of stray current or voltage at cow contact points in excess of the preventive action level, the utility shall promptly identify that portion, if any, of the stray current or voltage that is attributable to the utility's distribution system. If that portion of the stray current or voltage at cow contact points attributable to the utility's distribution system exceeds fifty percent of the preventive action level, the utility shall, within seven business days, commence and diligently pursue to completion, remedial procedures which shall reduce, and are reasonably likely to sustain, that portion of the stray current or voltage at cow contact points attributable to the utility's distribution system to fifty percent or less of the preventive action level, unless extraordinary circumstances prevent the utility from commencing remedial action within seven business days. In such case, the utility has an additional seven business days to commence and pursue to completion remedial procedures.

Source: SL 2015, ch 237, § 3.
S.D. Codified Laws § 49-34A-75 — SD Code / Title 49 / Chapter 34A / Section 49-34A-75
Review of reasonableness of rates under phase in rate plan--Adjustment
Status: in_force

At any time prior to one year after the conclusion of a phase in rate plan, the commission, upon its own motion or upon petition of the electric utility, may examine the reasonableness of the utility's rates under the plan, and adjust rates as necessary. Any phase in rate plan is subject to annual review. The electric utility shall file annually an abbreviated cost of service analysis showing that year's revenues, costs and revenue requirements, and a report of the progress of the construction or acquisition of the plant additions showing accumulative construction or acquisition costs for the year and updated cost projections to complete the plant additions.

Source: SL 1992, ch 331, § 3; SL 2012, ch 230, § 4.
S.D. Codified Laws § 49-43-9 — SD Code / Title 49 / Chapter 43 / Section 49-43-9
Monthly reports to commission--Form and contents--Public inspection--Violation as misdemeanor
Status: in_force

The operator of each public grain warehouse shall, on or before the tenth day of each month and at such additional times as the commission requires, furnish the commission on forms prepared by the commission, reports showing the facts and information required by the commission. The reports are not for public inspection, but the commission may, upon request, furnish the total of the figures shown on the reports if the figures requested are for not less than four public grain warehouses. The commission may also require that a warehouse operator provide any other documents and information regarding the business of the warehouse. None of the documents and information obtained through the licensing and inspection processes are subject to public inspection. A violation of this section by an operator is a Class 1 misdemeanor.

Source: SDC 1939, § 60.0310; SL 1973, ch 287, § 2; SL 1974, ch 299; SL 1983, ch 15, § 161; SL 1985, ch 376, § 31; SL 1992, ch 332, § 3; SL 2008, ch 249, § 15; SL 2013, ch 238, § 4, eff. Apr. 1, 2013.
S.D. Codified Laws § 49-34B-24 — SD Code / Title 49 / Chapter 34B / Section 49-34B-24
Waiver of compliance with standards--Reasons to be stated
Status: in_force

Upon application by any person engaged in the transportation of gas or the operation of pipeline facilities, the commission may, after notice and opportunity for hearing and under such terms and conditions and to such extent as the commission deems appropriate, waive in whole or in part compliance with any standards established pursuant to this chapter, on determining that a waiver of compliance with such standard is not inconsistent with gas pipeline safety. The commission shall state the reasons for any such waiver.

Source: SL 1994, ch 357, § 23.
S.D. Codified Laws § 49-16A-2 — SD Code / Title 49 / Chapter 16A / Section 49-16A-2
Corporation law--Applicability to railroads
Status: in_force

Every railroad operating in this state is subject to the applicable provisions of Title 47 of the South Dakota Codified Laws except where in conflict with this chapter, but may additionally exercise the powers authorized by this chapter and is subject to the duties contained in this chapter.

Source: SL 1980, ch 322, § 2.
S.D. Codified Laws § 49-17-29 — SD Code / Title 49 / Chapter 17 / Section 49-17-29
Vouchers and warrants for expenditures for improvement of branch line service
Status: in_force

Expenditures authorized in §§ 49-17-22 to 49-17-28 , inclusive, shall be paid on warrants drawn by the state auditor on vouchers approved by the secretary of the Department of Transportation, or his designee.

Source: SL 1978, ch 342, § 6.
S.D. Codified Laws § 49-33-5.1 — SD Code / Title 49 / Chapter 33 / Section 49-33-5.1
Powers of corporation--Business corporation powers
Status: in_force

In addition to all provisions and powers in chapters 49-33 and 49-34 that are applicable to corporations organized under those chapters, all provisions and powers set forth in the South Dakota Business Corporation Act, §§ 47-1A-101 to 47-1A-863.3 , inclusive, §§ 47-1A-1401 to 47-1A-1440 , inclusive, and §§ 47-1A-1601 to 47-1A-1703.1 , inclusive, applicable to domestic corporations are also applicable to corporations that have been or will be organized under chapters 49-33 and 49-34 except if in conflict with the express provisions of chapters 49-33 and 49-34 .

Source: SL 1981, ch 337; SL 2005, ch 202, § 12; SL 2021, ch 200, § 3.
S.D. Codified Laws § 49-43-14 — SD Code / Title 49 / Chapter 43 / Section 49-43-14
Issuance of new receipts--Cancellation of old receipts
Status: in_force

Upon the payment of all the accrued charges and the return of the storage receipt, a public warehouseman shall, if requested by the holder of an outstanding storage receipt, issue a new storage receipt to such holder and cancel the former receipt by endorsing thereon the words, "Canceled by the issuance of storage receipt No. ________," and inserting the number of the new storage receipt. The canceled storage receipt shall be signed by the warehouseman and the holder.

Source: SDC 1939, § 60.0316; SL 1985, ch 376, § 35.
S.D. Codified Laws § 49-41B-5.1 — SD Code / Title 49 / Chapter 41B / Section 49-41B-5.1
Posting of signs on proposed site--Time for posting--Locations--Contents
Status: in_force

Within thirty days after the filing of an application for a permit for the construction of a proposed energy conversion facility or AC/DC conversion facility, the applicant shall provide notice to the public by posting signs:

(1) On areas of the proposed facility site, which are clearly visible to an ordinarily observant person; and

(2) That include the name and contact information of the utility and a brief description of the proposed facility.

Source: SL 2006, ch 242, § 8; SL 2026, ch 187, § 2.
S.D. Codified Laws § 49-37-14 — SD Code / Title 49 / Chapter 37 / Section 49-37-14
Computation and payment of tax
Status: in_force

For the purpose of determining the occupational excise tax levied by § 49-37-13 :

(1) All property owned, leased, operated, or controlled by any district shall be assessed and the tax equivalent computed, collected, paid, and apportioned in the same manner and for the same purposes as may now or hereafter be provided by law for the assessment and taxation of similar property similarly used by a private electric public utility; and

(2) Each district shall comply in the same manner and for the same purposes as may now or hereafter be provided by law for the return, assessment, collection, payment, and apportionment of all occupational, privilege, excise, or special assessment taxes, or licenses, levied or imposed upon any person, partnership, limited liability company, association, or private corporation engaged in a similar business.

Source: SL 1950 (SS), ch 17, § 66; SDC Supp 1960, § 52.1765; SL 1994, ch 351, § 139.
S.D. Codified Laws § 49-28A-3.1 — SD Code / Title 49 / Chapter 28A / Section 49-28A-3.1
Qualified intrastate drivers under age twenty-one
Status: in_force

Notwithstanding the provisions of § 49-28A-3 , any person under the age of twenty-one but over the age of eighteen may become a qualified intrastate driver if the person is certified as a private applicator pursuant to § 38-21-23 .

Source: SL 1988, ch 374; SL 2009, ch 238, § 1.
S.D. Codified Laws § 49-7-14 — SD Code / Title 49 / Chapter 7 / Section 49-7-14
Right-of-way across school and public lands--Extra width--Governor's approval
Status: in_force

A pipeline company planning to construct a pipeline in this state may locate and construct the pipeline across any of the school and public lands of this state, and may, for that purpose, hold, occupy, and enjoy a right - of - way therefore, as provided in § 49-7-13 as well as such extra width as may be necessary for cuts, embankments, and other works of the pipeline, subject to the approval of the Governor.

Source: SL 1980, ch 321, § 4.
S.D. Codified Laws § 49-33-28 — SD Code / Title 49 / Chapter 33 / Section 49-33-28
Holding of stock in other corporations
Status: in_force

Any corporation organized under this chapter may purchase, take, and hold all or any part of the property, rights, privileges, and franchises of any other corporation, foreign or domestic, organized for the purpose of operating any street railway by electric power or for the purpose of manufacturing, creating, or generating electricity for power, light, heat, or any other purpose, and may take and hold stock and in its corporate capacity become a subscriber to the capital stock of any other corporation or corporations.

Source: SDC 1939, § 52.1512; SL 1986, ch 396, § 9.
S.D. Codified Laws § 49-34A-109 — SD Code / Title 49 / Chapter 34A / Section 49-34A-109
Definitions
Status: in_force

Terms used in §§ 49-7A-15 , 43-13-25 , and 49-34A-109 to 49-34A-111 , inclusive, mean:

(1) "Farm tap," a natural gas piping connection to an interstate or intrastate transmission pipeline, that is made available to a farm tap customer;

(2) "Farm tap customer," a person who receives natural gas through a farm tap distribution system;

(3) "Farm tap distribution system," a customer owned pipeline system that extends from an interstate or intrastate transmission pipeline to deliver natural gas to a farm tap customer; and

(4) "Farm tap service provider," any third party provider of farm tap distribution system services to:

(a) A farm tap customer; or

(b) An interstate or intrastate natural gas transmission pipeline holding one or more farm tap easements.

Source: SL 2017, ch 197, § 1.
S.D. Codified Laws § 49-16A-51 — SD Code / Title 49 / Chapter 16A / Section 49-16A-51
Powers--Crossing, intersecting and connecting railroads--Failure of railroads to agree--Alteration of grade or location
Status: in_force

Each railroad authorized to construct, operate, or maintain a road within this state, may cross, intersect, join, and unite its road with any other railroad's previously constructed road, at any point on its route and upon the grounds of the other railroad, with the necessary turnouts, sidings, and switches, and other conveniences to further the objects of its connections. Each railroad whose road is intersected by any other railroad's new road shall unite with the other railroad to form such intersections and connections, and grant such facilities. If the railroads cannot agree upon the amount of compensation to be made, or the points and manner of the crossings and connections, the issue shall be determined by the circuit court. But no railroad which obtained a right of way and constructed its road at the point of intersection, before the application for such determination to the court was made, shall be required to alter the grade or change the location of its road.

Source: SDC 1939, § 52.0801 (6); SDCL, § 49-16-11; SL 1980, ch 322, § 50.
S.D. Codified Laws § 49-17A-32 — SD Code / Title 49 / Chapter 17A / Section 49-17A-32
Continuing validity of signatures on bonds and notes--Temporary bonds
Status: in_force

Any bonds or notes may be issued and delivered notwithstanding that any of the commissioners or officers executing them shall have ceased to hold office at the time of actual delivery. Pending preparation of definitive bonds, an authority may issue temporary bonds which shall be exchanged for definitive bonds.

Source: SL 1978, ch 344, § 30.
S.D. Codified Laws § 49-43-33 — SD Code / Title 49 / Chapter 43 / Section 49-43-33
Pooling agreements between competing warehousemen as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for a warehouseman, company, or corporation engaged in the purchase and storage of grain subject to this chapter, to enter into a contract, agreement, or combination with any other warehousemen, company, or corporation for pooling in the purchase and storage of grain by different and competing warehousemen, companies, or corporations and to divide between them the aggregate or net proceeds of margins or profits resulting from their business as warehousemen, or any portion thereof. Each day of the contractual continuance is a separate offense.

Source: SDC 1939, § 60.0324; SL 1983, ch 15, § 170; SL 1985, ch 376, § 49.
S.D. Codified Laws § 49-28-45 — SD Code / Title 49 / Chapter 28 / Section 49-28-45
Disposition of fees received from carriers
Status: in_force

All fees or money received by the department under this chapter shall be reported monthly to and deposited with the state treasurer, and credited to the general fund of the state. Those fees and money so deposited shall be used to reimburse the state for the added expense which the state incurs in the administration and enforcement of this chapter and chapter 32-9 , and for policing the highways over which such motor vehicles travel.

Source: SDC 1939, § 44.0413; SL 1939, ch 175; SL 1943, ch 159, § 1; SL 1985, ch 374, § 36; SL 2006, ch 234, § 12.
S.D. Codified Laws § 49-31-12.2 — SD Code / Title 49 / Chapter 31 / Section 49-31-12.2
Duties of regulated companies concerning publication and filing of rates or prices
Status: in_force

Any telecommunications company subject to this chapter for noncompetitive and emerging competitive telecommunications services shall:

(1) Print and keep for public inspection in a convenient and publicly accessible place, its tariff showing the rates or prices for telecommunications services offered by the company which are in force at the time;

(2) Not increase published rates or prices for noncompetitive telecommunications services except after thirty days' notice to the commission and to the public. The notice shall state the proposed increase and the proposed effective date of the increase. After thirty days' notice the increase may go into effect subject to suspension, refund or both, pursuant to § 49-31-12.4 or 49-31-12.5 , whichever is applicable. A company need only notify the commission of any reduction in rates or prices for telecommunications services before the effective date of the reduction and publish the appropriately amended tariff and notice required in subdivision (1) of this section;

(3) Except as provided for in subdivision (2) of this section, not deviate from any of its current published rates; and

(4) Upon request of the commission, file with the commission copies of any contracts, agreements or arrangements with other companies that are affected by the provisions of this chapter.

Source: SDC 1939, § 52.0212; SDCL, §§ 49-10-10, 49-10-17; SL 1979, ch 307, §§ 61, 64; SL 1987, ch 345, § 57; SL 1988, ch 375, § 18; SL 1992, ch 328, § 18.
S.D. Codified Laws § 49-31-32.1 — SD Code / Title 49 / Chapter 31 / Section 49-31-32.1
Dial-a-porn communications prohibited--Violation as misdemeanor
Status: in_force

It is unlawful for any person, for consideration, by means of a telephone communication for commercial purposes, to make directly or by means of an electronic recording device, any comment, request, suggestion or proposal which is obscene. Any person who makes any such comment, request, suggestion or proposal is subject to prosecution under this section regardless of whether the person placed or initiated the telephone call. A violation of this section is a Class 1 misdemeanor.

Source: SL 1989, ch 196, § 1.
S.D. Codified Laws § 49-31-81 — SD Code / Title 49 / Chapter 31 / Section 49-31-81
Carrier to provide services to competitive telecommunications services provider
Status: in_force

The commission may implement and comply with the provisions of the federal Telecommunications Act of 1996, including the promulgation of rules pursuant to chapter 1-26 . Except to the extent a local exchange carrier is exempt from or has received a suspension or modification pursuant to 47 U.S.C. § 251(f)(1) or 251(f)(2), as of January 1, 1998, and the provisions of this chapter, the carrier shall provide interconnection, network elements, and other telecommunications services to any provider of competitive telecommunications services that requests such interconnection and services to the extent required by 47 U.S.C. §§ 251(a) to 251(c), inclusive, as of January 1, 1998. If the parties are unable to voluntarily negotiate an agreement for the interconnection or services requested, either party may petition the commission to mediate or arbitrate any unresolved issues as provided in 47 U.S.C. § 252. The provisioning of interconnection, network elements, and other telecommunications services to the extent required by 47 USC §§ 251(a) to 251(c), inclusive, by a local exchange carrier pursuant to this section is not subject to §§ 49-31-1.1 to 49-31-1.4 , inclusive, 49-31-3.1 to 49-31-4 , inclusive, 49-31-12.2 , 49-31-12.4 , 49-31-12.5 , and 49-31-18 and 49-31-19 , inclusive.

Source: SL 1998, ch 274, § 23.
S.D. Codified Laws § 49-17A-16 — SD Code / Title 49 / Chapter 17A / Section 49-17A-16
Planning, acquisition and operation of railroads and facilities--Acquisition of property
Status: in_force

A regional authority may plan, establish, acquire, develop, construct, purchase, enlarge, improve, maintain, equip, operate, regulate, and protect its railroads, and railroad facilities used or useful in the operation of the railroad. For such purposes an authority may acquire by purchase, gift, devise, lease, condemnation real or personal property, or any interest therein.

Source: SL 1978, ch 344, § 16.
S.D. Codified Laws § 49-17A-12 — SD Code / Title 49 / Chapter 17A / Section 49-17A-12
Withdrawal of subdivision from authority--Disposition of assets and liabilities
Status: in_force

A regional authority may be decreased if the commissioners of the regional authority consent to the decrease. In such event, the commissioners shall provide for the retention and make provisions for the retention or disposition of its assets and liabilities. However, if the regional authority has any bonds outstanding no decrease shall be effected unless one hundred percent of the holders of the bonds consent in writing thereto.

Source: SL 1978, ch 344, § 12.
S.D. Codified Laws § 49-31-120 — SD Code / Title 49 / Chapter 31 / Section 49-31-120
Definitions
Status: in_force

Terms used in §§ 49-31-120 to 49-31-126 , inclusive, mean:

(1) "Communications provider," a provider that offers telecommunications services for a fee to the public, regardless of the facilities used, or a provider of IP-enabled voice service;

(2) "Confidential communications records information," information that relates to the quantity, technical configuration, type, destination, incoming calls, outgoing calls, text messaging, location, or amount of use of a service offered by a communications provider subscribed to by any customer of that communications provider which is made available to a communications provider solely by virtue of the relationship between the communications provider and the customer, or information contained in any bill related to the product or service offered by a communications provider and received by any customer of the communications provider;

(3) "IP-enabled voice service," the provision of real- time two-way voice communications offered to the public, transmitted through customer premises equipment using transmission control protocol/internet protocol (TCP/IP), or a successor protocol, for a fee, whether part of a bundle of services or separately, with two-way interconnection capability such that the service can originate traffic to, and terminate traffic from, a public switched telephone network.

Source: SL 2006, ch 238, § 1.
S.D. Codified Laws § 49-17A-26 — SD Code / Title 49 / Chapter 17A / Section 49-17A-26
Designation of railroad division as agent of authority--Funds held in separate account--Vouchers and warrants
Status: in_force

An authority may designate the secretary of transportation as its agent to accept, receive, receipt for, and disburse federal and state moneys, and other moneys, public or private, made available by grant or loan or both, to accomplish in whole or in part, any of the purposes of this chapter. It may designate the secretary of transportation as its agent to contract for and supervise the planning, acquisition, development, construction, improvement, maintenance, equipping, or operation of any railroad or railroad facility.

All funds received by the secretary of transportation pursuant to this section shall be deposited in the state treasury. Unless otherwise prescribed by the agency from which such funds were received, the funds shall be kept in separate accounts according to the purposes for which the funds were made available. Such funds shall be held by the state in trust for such purposes, and paid on warrants drawn by the state auditor on vouchers approved by the secretary of transportation.

Source: SL 1978, ch 344, § 24.
S.D. Codified Laws § 49-30-11 — SD Code / Title 49 / Chapter 30 / Section 49-30-11
Powers of corporation--Rules and regulations for 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 establish reasonable rules and regulations concerning the time and manner in which messages shall be transmitted, and the compensation to be paid therefor.

Source: SDC 1939, § 52.1311 (8).
S.D. Codified Laws § 49-31-3 — SD Code / Title 49 / Chapter 31 / Section 49-31-3
General supervision of telecommunications companies offering common carrier services by commission where not preempted--Filing application with commission--Demonstration of capabilities--Rules--Offering services without certificate of authority as misdemeanor
Status: in_force

The commission has general supervision and control of all telecommunications companies offering common carrier services within the state to the extent such business is not otherwise regulated by federal law or regulation. The commission shall inquire into any complaints, unjust discrimination, neglect, or violation of the laws of the state governing such companies. The commission may exercise powers necessary to properly supervise and control such companies.

Each telecommunications company that plans to offer or provide interexchange telecommunications service shall file an application for a certificate of authority with the commission pursuant to this section. Telecommunications companies seeking to provide any local exchange service shall submit an application for certification by the commission pursuant to §§ 49-31-1 through 49-31-89 . The commission shall have the exclusive authority to grant a certificate of authority. Each telecommunications company shall submit a two hundred fifty dollar application fee with its application which shall be deposited into the gross receipts tax fund established pursuant to § 49-1A-2 . Unless an evidentiary hearing is required by the commission, the commission shall act on an application for a certificate of authority to provide interexchange telecommunications 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. A telecommunications company has the burden to prove in its application that it has sufficient technical, financial and managerial capabilities to offer the telecommunications services described in its application before the commission may grant a certificate of authority. The commission may rule upon a telecommunications company's application for a certificate of authority with or without hearing.

Any certificate of authority granted 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 commission shall, by rules promulgated pursuant to chapter 1-26 , prescribe the necessary procedures to implement this section. A telecommunications company that had lawful authority immediately prior to July 1, 1998, to provide interexchange telecommunications services shall continue to have such authority. Any certificate of authority to provide such telecommunications service may not be sold, assigned, leased, or transferred without commission approval. The offering of such telecommunications services by a telecommunications company without a certificate of authority or inconsistent with this section is a Class 1 misdemeanor.

Source: SDC 1939, §§ 52.0202, 52.1302; SDCL, § 49-3-4; SL 1979, ch 307, § 20; SL 1987, ch 345, § 43; SL 1988, ch 375, § 7; SL 1992, ch 328, § 3; SL 1994, ch 352, § 9; SL 1998, ch 274, § 5; SL 1998, ch 275, § 1; SL 2005, ch 244, § 1.
S.D. Codified Laws § 49-16A-31 — SD Code / Title 49 / Chapter 16A / Section 49-16A-31
Delivery to connecting carrier--Liability to final destination
Status: in_force

If a railroad accepts freight for a place beyond its usual route, it must, unless it stipulates otherwise, deliver the freight at the end of its route in that direction to another competent common carrier which goes to the place of address or is connected with other competent common carriers which go to the final destination. A railroad's liability does not cease until delivery of the freight has been made at its final destination.

Source: SDC 1939, § 8.1005; SDCL, § 49-5-26; SL 1980, ch 322, § 31.
S.D. Codified Laws § 49-31-105 — SD Code / Title 49 / Chapter 31 / Section 49-31-105
Annual fee for unsolicited calls by telephone solicitors
Status: in_force

Any telephone solicitor who makes unsolicited telephone calls to South Dakota residential telephone subscribers shall pay to the commission an annual fee of not more than five hundred dollars. Fees collected under this section shall be credited to the telephone solicitation account.

Source: SL 2003, ch 238, § 6.
S.D. Codified Laws § 49-34B-13 — SD Code / Title 49 / Chapter 34B / Section 49-34B-13
Federal violations--Liability limitation--Remedies not affected
Status: in_force

A person is not subject to civil penalties under this chapter if prior civil penalties have been imposed pursuant to 49 U.S.C. §§ 60101 to 60143, inclusive (January 1, 2026), for conduct that may give rise to a violation of both acts. Nothing in this chapter limits the powers of the commission or precludes the pursuit of any other administrative, civil, criminal, or injunctive remedy by the commission or any other person. Administrative remedies need not be exhausted to proceed under this chapter. The remedies provided by this chapter are in addition to those provided under existing statutory or common law.

Source: SL 1994, ch 357, § 12; SL 1995, ch 264, § 4; SL 1997, ch 268, § 4; SL 1999, ch 230, § 4; SL 2001, ch 258, § 4; SL 2003, ch 240, § 4; SL 2005, ch 247, § 4; SL 2007, ch 273, § 7; SL 2009, ch 242, § 5; SL 2010, ch 225, § 5; SL 2011, ch 210, § 5; SL 2012, ch 231, § 6; SL 2016, ch 226, § 5; SL 2019, ch 199, § 5; SL 2021, ch 201, § 3; SL 2023, ch 158, § 4; SL 2026, ch 186, § 4.
S.D. Codified Laws § 49-16A-62 — SD Code / Title 49 / Chapter 16A / Section 49-16A-62
Other rights-of-way across deeded lands
Status: in_force

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

Source: SDC 1939, § 52.0817; SDCL, § 49-20-11; SL 1980, ch 322, § 61.
S.D. Codified Laws § 49-34A-34 — SD Code / Title 49 / Chapter 34A / Section 49-34A-34
Application of security or proceeds in contravention of order prohibited unless commission consents
Status: in_force

No public utility shall, without the consent of the Public Utilities Commission, apply any security or any proceeds thereof to any purpose not specified in the commission's order, or supplemental order, or to any purpose in excess of the amount allowed for such purpose in such order, or otherwise in contravention of such order.

Source: SL 1975, ch 283, § 20.
S.D. Codified Laws § 49-37-8 — SD Code / Title 49 / Chapter 37 / Section 49-37-8
State and other political subdivisions not liable for district's obligations
Status: in_force

Neither the State of South Dakota, nor any county, municipality, school district, or other political subdivision of the state, nor any individual person, nor the property of any of such, shall ever be in any manner liable or responsible for any obligation of any consumers power district.

Source: SL 1950 (SS), ch 17, § 44; SDC Supp 1960, § 52.1744; SL 1992, ch 60, § 2.
S.D. Codified Laws § 49-35-30 — SD Code / Title 49 / Chapter 35 / Section 49-35-30
Amendment of petition for creation of district--Effective date of amendment
Status: in_force

The proposed amendment is effective and in full force immediately upon the issuance of a certificate of amendment by the secretary of state. Thereupon the district, as in the case of the original district, is a public corporation and political subdivision, and shall operate and function accordingly in the reduced and subdivided area, or the increased and enlarged area, under the terms, powers, privileges, and conditions of chapters 49-35 to 49-40 , inclusive.

Source: SL 1950 (SS), ch 17, § 76; SDC Supp 1960, § 52.1775; SL 1998, ch 276, § 24.
S.D. Codified Laws § 49-32-14 — SD Code / Title 49 / Chapter 32 / Section 49-32-14
Notice to utility of necessary work in proximity to high voltage line--Protective measures--Violation as misdemeanor
Status: in_force

If a person desires to carry on a function, activity, work or operation in closer proximity to a high voltage line or conductor than is permitted by §§ 49-32-11 and 49-32-12 , or in such proximity that a function could reasonably be expected to come within closer proximity than permitted by said sections, the person responsible for the work to be done shall promptly notify the operator of the high voltage conductors of the work to be performed and make appropriate arrangements with the operator of the high voltage conductors for temporary mechanical barriers, temporary de - energization and grounding of the conductors, or temporary raising of the conductors before proceeding with any work which would impair the clearances required by §§ 49-32-11 and 49-32-12 . The operator shall provide the necessary clearance within a reasonable time after notification.

A violation of this section by the person responsible for the work or by the operator of the high voltage lines is a Class 2 misdemeanor.

Source: SL 1973, ch 288, § 5; SL 1983, ch 15, § 133.
S.D. Codified Laws § 49-16A-110 — SD Code / Title 49 / Chapter 16A / Section 49-16A-110
Insurance--Railroad may procure
Status: in_force

Each railroad owning or operating a road in this state has an insurable interest in the property on the route of the road owned or operated by it and may procure insurance on its own behalf for its protection against damages.

Source: SDC 1939, § 52.0941; SDCL, § 49-26-6; SL 1980, ch 322, § 109.
S.D. Codified Laws § 49-17A-23 — SD Code / Title 49 / Chapter 17A / Section 49-17A-23
Deposit of tax proceeds--Expenditure
Status: in_force

The proceeds of taxes for support of a railroad authority shall be deposited in such account or accounts in which other revenues of the authority are deposited and may be expended by the authority as provided in this chapter.

Source: SL 1978, ch 344, § 21.
S.D. Codified Laws § 49-43-5.2 — SD Code / Title 49 / Chapter 43 / Section 49-43-5.2
Application fee
Status: in_force

The application for a license to operate as a public grain warehouse shall be accompanied by a fee of two hundred seventy-five dollars for each municipality or location at which the warehouse operator receives or stores grain for hire.

Source: SL 1985, ch 376, § 19; SL 1996, ch 277, § 3; SL 2008, ch 250, § 1; SL 2011, ch 211, § 2; SL 2013, ch 238, § 2, eff. Apr. 1, 2013.
S.D. Codified Laws § 49-31-4 — SD Code / Title 49 / Chapter 31 / Section 49-31-4
Determination and approval of rates and prices by commission--Attribution of revenues, investments and expenses--Rules
Status: in_force

Any charge established for the provision of telecommunications services shall be fair and reasonable. The commission shall determine and approve individual rates to be charged by any telecommunications company for a noncompetitive service pursuant to § 49-31-1.4 , if applicable, and pursuant to §§ 49-31-12 , 49-31-12.2 and 49-31-12.4 . Except as provided in § 49-31-4.1 , the commission shall utilize rate of return regulation when determining the charge for a noncompetitive service.

The commission shall determine and approve individual prices to be charged by a telecommunications company for any emerging competitive service pursuant to §§ 49-31-1.4 , 49-31-12 , 49-31-12.2 and 49-31-12.5 . However, there is no rate of return regulation of emerging competitive services and no rate of return or price regulation of fully competitive services.

The commission shall separate, assign and distribute a telecommunications company's revenues, investments, and expenses among all services offered. The commission shall, by rules promulgated pursuant to chapter 1-26 , prescribe the methodologies by which a telecommunications company shall segregate its revenues, investments and expenses. The methodologies prescribed by the rules shall be in accord with federal and state law. No telecommunications company may use the revenues from emerging competitive services to subsidize fully competitive services or revenues from noncompetitive services to subsidize emerging competitive services or fully competitive services. Expenses and investment of fully competitive services may not be attributed to emerging competitive services or noncompetitive services and the expenses and investment of emerging competitive services may not be attributed to noncompetitive services.

Rates being charged by a telecommunications company on July 1, 1988, shall be deemed to be the fair, reasonable, and effective rates until changed or altered pursuant to this chapter.

Source: SDC 1939, § 52.1302; SL 1987, ch 345, § 44; SL 1988, ch 375, § 11; SL 1992, ch 328, § 7.
S.D. Codified Laws § 49-31-44 — SD Code / Title 49 / Chapter 31 / Section 49-31-44
Creation of telecommunications investigation fund--Purposes of fund--Deposit by telecommunications company
Status: in_force

There is hereby created a fund within the state treasury to be known as the telecommunications investigation fund which shall be used by the commission to defray the expenses of conducting investigations or public hearings relating to §§ 49-31-3.2 to 49-31-3.4 , inclusive, 49-31-4 , and 49-31-4.1 , or arbitration proceedings conducted pursuant to 47 U.S.C. § 252 as of January 1, 1998. Each telecommunications company as defined in subdivision 49-31-1(26) that is a party to an official docket to exercise commission authority pursuant to §§ 49-31-3.2 to 49-31-3.4 , inclusive, 49-31-4 and 49-31-4.1 , or arbitration proceedings conducted pursuant to 47 U.S.C. § 252 as of January 1, 1998, shall make a deposit not to exceed seventy - five thousand dollars in the telecommunications investigation fund. The amount and the division of the deposit among the companies, if any, shall be designated by commission order. However, any costs incurred related to arbitration proceedings conducted pursuant to 47 U.S.C. § 252 as of January 1, 1998, shall be shared equally among the parties. The commission shall use the deposit to defray the expense incident to conducting the hearing or investigation of the company making the deposit. The deposit is appropriated to the use of the commission for such purpose. The funds necessary for such expenses are hereby authorized to be expended.

Source: SL 1951, ch 260, § 1; SL 1953, ch 280, § 1; SDC Supp 1960, § 52.0273; SDCL, § 49-10-28; SL 1987, ch 345, § 82; SL 1988, ch 375, § 30; SL 1991, ch 381, § 11; SL 1998, ch 274, § 26.
S.D. Codified Laws § 49-31-31 — SD Code / Title 49 / Chapter 31 / Section 49-31-31
Contact by telephone or other device--Threatening, harassing, or misleading contacts--Penalty
Status: in_force

It is a Class 1 misdemeanor for a person to use a telephone or other electronic communication device for any of the following purposes:

(1) To contact another person with intent to terrorize, intimidate, threaten, harass, or annoy such person by using obscene or lewd language or by suggesting a lewd or lascivious act;

(2) To contact another person with intent to threaten to inflict physical harm or injury to any person or property;

(3) To contact another person with intent to extort money or other things of value;

(4) To contact another person with intent to disturb that person by repeated anonymous telephone calls or intentionally failing to replace the receiver or disengage the telephone connection; or

(5) Except as allowed in § 49-31-31.2 , to contact or to attempt to contact another person and, in so doing, intentionally cause to be displayed as caller identification, a fictitious or misleading name or telephone number:

(a) To defraud, cause harm, or wrongfully obtain anything of value from another person; or

(b) Of another person who has not granted the person the right to display that other person's name or phone number, as applicable.

It is a Class 1 misdemeanor for a person to knowingly permit a telephone or other electronic communication device under his or her control to be used for a purpose prohibited by this section.

Source: SL 1967, ch 30, § 1; SL 1983, ch 15, § 121; SL 2008, ch 240, § 1; SL 2011, ch 206, § 1; SL 2022, ch 170, § 1.
S.D. Codified Laws § 49-41B-19 — SD Code / Title 49 / Chapter 41B / Section 49-41B-19
Evidence from state agencies or local government
Status: in_force

The Public Utilities Commission shall also hear and receive evidence presented by any state department, agency, or units of local government relative to the environmental, social, and economic conditions and projected changes therein.

Source: SL 1977, ch 390, § 17; SL 2024, ch 189, § 5, rejected Nov. 5, 2024.
S.D. Codified Laws § 49-13-21 — SD Code / Title 49 / Chapter 13 / Section 49-13-21
Recovery of moneys by attachment or execution--Appeal to Supreme Court
Status: in_force

Any payment ordered pursuant to § 49-13-20 may, without any prejudice to any other mode of recovery, be enforced by attachment or order in the nature of a writ of execution, in the same manner that it would be recovered by a final judgment in personam in the circuit court. The commission or any other interested party may appeal to the Supreme Court of this state under the regulations provided by law in relation to appeals, except as provided by § 49-13-22 .

Source: SDC 1939, § 52.0304; SL 1987, ch 345, § 34.
S.D. Codified Laws § 49-49-5 — SD Code / Title 49 / Chapter 49 / Section 49-49-5
Cost recovery for plan implementation
Status: in_force

The commission may authorize a public utility as defined in subdivision 49-34A-1 (12) to recover in rates all prudently incurred investments and expenditures, including the costs of capital, made to implement an approved wildfire mitigation plan.

Cost recovery for wildfire mitigation plan implementation may be allowed by the commission, notwithstanding any settlement agreement provisions that restrict a public utility's ability to seek rate relief.

Source: SL 2026, ch 189, § 5.
S.D. Codified Laws § 49-16A-9 — SD Code / Title 49 / Chapter 16A / Section 49-16A-9
Failure to file or observe rates or tariffs as felony--Corporation or individual
Status: in_force

Any railroad providing transportation or service or an officer, director, receiver, trustee, lessee, agent, or employee of such railroad that intentionally does not file and publish its rate or tariffs as required by law or observe those tariffs is guilty of a Class 6 felony.

Source: SL 1980, ch 322, § 9; SL 1983, ch 15, § 109.
S.D. Codified Laws § 49-41B-17.1 — SD Code / Title 49 / Chapter 41B / Section 49-41B-17.1
County auditor as agent for service of process on party--Request for personal service
Status: in_force

The county auditor of each county where a facility is proposed to be sited is the agent for service of process upon a party. For energy conversion facilities, all counties in the designated siting area are included. Any party may receive all material filed in the matter by making a specific request to the commission for personal service of the material.

Source: SL 1982, ch 332, § 3; SL 2008, ch 246, § 3.
S.D. Codified Laws § 49-17A-21 — SD Code / Title 49 / Chapter 17A / Section 49-17A-21
Annual certification of tax levy for authority--Levy of tax--Collection
Status: in_force

An authority may certify annually to the governing bodies the amount of tax to be levied by said governing bodies for railroad purposes. Each subdivision shall levy the amount certified, pursuant to provisions of law authorizing municipalities and other political subdivisions of this state to levy taxes for such purposes. The levy may not exceed the maximum levy permitted by the laws of this state for such purposes. Each subdivision shall collect the taxes certified by a railroad authority in the same manner as other taxes are levied, collected and paid to the railroad authority.

Source: SL 1978, ch 344, § 19.
S.D. Codified Laws § 49-16A-102 — SD Code / Title 49 / Chapter 16A / Section 49-16A-102
Railroad police--Appointment and employment by railroad
Status: in_force

A railroad organized under the laws of this state, or doing business within this state, may, at its own expense, appoint and employ policemen at stations or other places on its roads within this state for the protection of its property and the preservation of order on its premises, and in and about its cars, depots, depot grounds, yards, buildings, or other structures.

Source: SDC 1939, § 52.1201; SDCL, § 49-27-1; SL 1980, ch 322, § 101.
S.D. Codified Laws § 49-16A-71 — SD Code / Title 49 / Chapter 16A / Section 49-16A-71
Extension of fireguards along right-of-way--Condemnation procedure--Petition
Status: in_force

Whenever a railroad owning or operating any road in this state, and authorized by law to exercise the right of condemning private property, deems it necessary to extend a fireguard along a road or any part of the road, and beyond the limits of the right - of - way of the railroad, it may do so, and for that purpose shall proceed in extending the fireguards in the manner provided by law pertaining to condemnation proceedings. The petition filed shall describe the desired fireguard and give any other particulars necessary to the determination of all the questions involved in the proceedings.

Source: SDC 1939, § 52.0821; SDCL, § 49-20-20; SL 1980, ch 322, § 70.
S.D. Codified Laws § 49-31-56 — SD Code / Title 49 / Chapter 31 / Section 49-31-56
Method of payment of expenditures
Status: in_force

Expenditures authorized by the provisions of §§ 49-31-47 to 49-31-56 , inclusive, shall be paid on warrants drawn by the state auditor on vouchers approved by the secretary of the Department of Human Services. Expenditure for services for individuals who have deafness, deaf blindness, hearing impairments, and speech impediments and expenditures for the dual party relay service shall be paid from the telecommunication fund for the deaf. Expenditure for services for individuals with all other disabilities shall be paid from the telecommunication fund for other disabilities.

Source: SL 1989, ch 401, § 8; SL 1997, ch 267, § 6; SL 2014, ch 221, § 6.
S.D. Codified Laws § 49-11-8 — SD Code / Title 49 / Chapter 11 / Section 49-11-8
Duty of carrier to refund where decreased rate is affirmed--Violation as misdemeanor
Status: in_force

If a state law, a county or municipal order, resolution, or ordinance, or a Public Utilities Commission order or rule, fixing the rates for any service rendered by a public utility or public service corporation, is enjoined pending litigation by any court for any cause, and it is finally determined in such litigation that the rate litigated was lawful and valid, the common carrier, public utility, or public service corporation shall refund immediately to the person entitled thereto any rate or charge exacted or collected in excess of the amount authorized by such law, order, resolution, or ordinance.

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, § 52.0401; SL 1979, ch 307, § 75; SL 1983, ch 15, § 106.
S.D. Codified Laws § 49-31-59.1 — SD Code / Title 49 / Chapter 31 / Section 49-31-59.1
Legislative intent--Joint provisioning and revenue-pooling arrangements--Commission review and approval--Exemptions--Construction
Status: in_force

It is the intent of the Legislature to encourage telecommunications companies to more efficiently meet the infrastructure deployment goal described in §§ 49-31-60 and 49-31-61 for a fully integrated SONET backbone of interconnected survivable rings. To that end, telecommunications companies may jointly provide facilities and enter into revenue - pooling arrangements between and among themselves relating to the provisioning of these facilities. Any such arrangement shall be subject to commission review and approval and, to the extent it has received such approval, may not be construed as violating any state or local laws governing unfair trade practices, antitrust or restraint of trade. Further, it is the intent of the Legislature that any such approved arrangement shall be exempt from federal laws governing unfair trade practices, antitrust, or restraint of trade. Except with respect to such joint provisioning of facilities and revenue pooling arrangements approved by the commission, both state and federal laws governing unfair trade practices, antitrust, and restraint of trade shall apply with full force and effect. The joint provisioning of facilities within an arrangement consistent with the limited purpose described in this section may not be construed as imposing additional common carrier obligations on the participating companies. The provisions of this section may not be construed to permit any telecommunications company to take any action that is contrary to the public interest.

Source: SL 1998, ch 274, § 27.
S.D. Codified Laws § 49-31-1.1 — SD Code / Title 49 / Chapter 31 / Section 49-31-1.1
"Noncompetitive service" defined
Status: in_force

For the purposes of this chapter, "noncompetitive service" is a monopoly service for which no competition exists or the regulation of which is necessary to insure affordable local exchange service. Such services include:

(1) Residential local exchange service;

(2) Business local exchange service;

(3) Agribusiness local exchange service;

(4) Emergency services;

(5) Public and semipublic coin telephone service; and

(6) All services not otherwise listed in §§ 49-31-1.2 and 49-31-1.3 .

Source: SL 1988, ch 375, § 2.
S.D. Codified Laws § 49-41B-25.1 — SD Code / Title 49 / Chapter 41B / Section 49-41B-25.1
Notice to commission of planned construction of certain wind energy projects
Status: in_force

Any person who plans on constructing a wind energy project consisting of wind turbines with a combined nameplate capacity that exceeds five megawatts shall notify the commission four months prior to the planned start of construction of the project. The notification shall be for informational purposes only and shall state the planned location of the project, the number of wind turbines, the nameplate capacity of the wind turbines, the planned method of interconnection, and the estimated construction start date and construction completion date. If the information provided changes, the informational filing shall be updated to reflect the changes.

Source: SL 2009, ch 246, § 1.
S.D. Codified Laws § 49-31-107 — SD Code / Title 49 / Chapter 31 / Section 49-31-107
Telecommunications companies to notify customers of certain provisions
Status: in_force

Any telecommunications company that provides local exchange service shall inform its customers of the provisions of §§ 49-31-99 to 49-31-108 , inclusive, by publication of the notice in the consumer pages of its telephone directories.

Source: SL 2003, ch 238, § 10.
S.D. Codified Laws § 49-43-58 — SD Code / Title 49 / Chapter 43 / Section 49-43-58
Commission access to central filing system--Memorandum of adjustments--Civil penalties
Status: in_force

An independent provider shall allow the commission unrestricted access to the central filing system for electronic warehouse receipts maintained on behalf of warehouse operators licensed by the commission. The electronic warehouse receipt data shall be maintained for six years after cancellation of the receipts. Access shall be made available in a manner that allows interaction with commission warehouse examinations. Access shall be free of any charge or costs to the commission. The commission may exercise the power of subpoena and examine witnesses in accordance with chapter 1-26 . An independent provider that refuses access to the independent provider's central filing system or hinders and delays the commission or any of its employees or agents in examining the books and accounts may be punished by a civil fine not to exceed two thousand dollars. In addition, the commission may revoke the ability of the independent provider to issue electronic warehouse receipts.

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

Source: SL 2012, ch 232, § 6.
S.D. Codified Laws § 49-31-50.2 — SD Code / Title 49 / Chapter 31 / Section 49-31-50.2
Rules relating to cochlear implants
Status: in_force

The Department of Human Services shall promulgate rules pursuant to chapter 1-26 to establish standards for eligibility criteria, the basis for and extent of provider payments on behalf of the eligible person, levels of payment, administration, audit requirements, and record keeping of providing cochlear implants.

Source: SL 2005, ch 246, § 3.
S.D. Codified Laws § 49-16A-48 — SD Code / Title 49 / Chapter 16A / Section 49-16A-48
Department of transportation--Interstate commerce violations--Duties
Status: in_force

Whenever a resident of this state files a petition with the Department of Transportation, directed to the Interstate Commerce Commission of the United States, charging a railroad doing business in this state and engaged in interstate transportation of freight, with a violation of the Interstate Commerce Act of the United States, relating to abandonment, consolidation, merger, or inclusion, setting forth in the petition the facts constituting a violation, the department, if it deems the matter to be one of public interest, shall file the petition with the interstate commerce commission and appear in the matter in the place of the petitioner and prosecute the same at the expense of the state. Whenever the department determines that it is in the best interests of the State of South Dakota or its people, it may appear before the interstate commerce commission as a party in all proceedings relating to abandonment, consolidation, merger, or inclusion.

Source: SL 1979, ch 311, § 3; SDCL Supp, § 49-21-39; SL 1980, ch 322, § 47.
S.D. Codified Laws § 49-45-26 — SD Code / Title 49 / Chapter 45 / Section 49-45-26
Provision of requested records--Penalty--Civil fine
Status: in_force

A grain buyer, the owner, manager, or chief executive officer of a grain buyer, or any other person in a managerial position, whether licensed or unlicensed, who or that purchases grain in this state, shall, within five working days of an inspector's request, provide to the inspector, at a licensed location within this state or at the offices of the commission, all books, accounts, and electronic records relating to the transactions of the grain buyer, either within or outside the state.

A willful violation of this section is a Class 1 misdemeanor.

The commission may assess a civil fine in an amount not to exceed one thousand dollars for each day requested materials are withheld, up to a maximum of twenty thousand dollars per licensing period, as set forth in § 49-45-3 .

Source: SL 2013, ch 238, § 18, eff. Apr. 1, 2013; SL 2022, ch 174, § 6.
S.D. Codified Laws § 49-35-2 — SD Code / Title 49 / Chapter 35 / Section 49-35-2
Purpose of district
Status: in_force

Nonprofit, public service, utility districts may be organized under this chapter for the purpose of supplying electric energy and encouraging and extending the use thereof within or without the State of South Dakota.

Source: SL 1950 (SS), ch 17, § 2; SDC Supp 1960, § 52.1702; SL 1989, ch 403, § 1.
S.D. Codified Laws § 49-34A-95 — SD Code / Title 49 / Chapter 34A / Section 49-34A-95
Renewable energy credits for electricity authorized
Status: in_force

The commission may establish, or allow participation in, a system of renewable energy credits for electricity generated from renewable electricity or recycled energy. A renewable energy credit system shall track, record, and verify the trading of credits for electricity generated from renewable electricity and recycled energy sources among electric generators, utilities, and other interested entities within the state and with similar entities in other states. Sections 49-34A-94 to 49-34A-96 , inclusive, apply to any provider of electricity that generates electricity from renewable electricity or recycled energy.

Source: SL 2006, ch 241, § 2.
S.D. Codified Laws § 49-34A-73 — SD Code / Title 49 / Chapter 34A / Section 49-34A-73
Phase in rate plan for rate increases due to plant additions
Status: in_force

Notwithstanding anything in this chapter to the contrary, an electric utility that is subject to rate regulation by the commission and plans plant additions that are expected to have a material impact on rates may make application to the commission for a phase in rate plan to provide for the phase in of expected rate increases resulting from plant additions. The plan may provide for any of the following:

(1) Rate increases to be incrementally phased in prior to the commencement of commercial operation of the plant additions;

(2) To the extent rate increases for plant additions are allowed prior to commercial operation, restrictions on the capitalization of allowance for funds used during construction for the plant additions;

(3) Restrictions on other rate increases; and

(4) Any other conditions which benefit the public interest and may be imposed by the commission consistent with the findings in § 49-34A-74 .

Source: SL 1992, ch 331, § 1; SL 2012, ch 230, § 2; SL 2015, ch 233, § 1.
S.D. Codified Laws § 49-34-7 — SD Code / Title 49 / Chapter 34 / Section 49-34-7
Branches to commercial facilities--Condemnation of right-of-way--Maximum length of branch
Status: in_force

Every corporation organized under chapter 49-33 may build, maintain, and operate branch or spur tracks, electric light or power lines from its main line or any branch thereof to and upon the grounds of any mill, elevator, storehouse, warehouse, or manufacturing establishment with tracks, switches, and such turnouts as may be convenient or necessary, and may acquire its right - of - way for such spur tracks, electric light or power lines by grant, purchase, or condemnation; provided that the provisions of § 49-34-6 shall not apply to nor affect the provisions of this section if the branches and spur tracks, electric light or power lines herein mentioned do not exceed two miles in length from the line of such railroad, electric or power line.

Source: SDC 1939, § 52.1514.
S.D. Codified Laws § 49-13-17 — SD Code / Title 49 / Chapter 13 / Section 49-13-17
Failure to obey order--Application to court for mandamus--Order directing payment of money excepted
Status: in_force

If a commission order is in effect, other than one for payment of money, and a telecommunications company or motor carrier violates or neglects that order, the commission or any interested person or a person injured by the telecommunications company or motor carrier's failure to obey the order or the attorney general may apply to a circuit court of proper jurisdiction, in which the telecommunications company or motor carrier is operating for a writ of mandamus for the enforcement of the commission's order.

Source: SDC 1939, § 52.0304; SL 1987, ch 345, § 30.
S.D. Codified Laws § 49-32A-16 — SD Code / Title 49 / Chapter 32A / Section 49-32A-16
Television services provided by translator districts--Cable service prohibited
Status: in_force

A translator district organized under this chapter, acting through its board of trustees may perform all the acts and take all the necessary steps to provide television services within the area in order that all persons within the service area shall be supplied by means of an appropriate electrical or electronic system for television program distribution, but may not perform any acts or take any steps to construct or operate community antenna systems, commonly known and referred to as cable TV systems; the authorized system to provide such flexibility as to permit improvements in technical quality.

Source: SL 1976, ch 76, § 9.
S.D. Codified Laws § 49-30-6 — SD Code / Title 49 / Chapter 30 / Section 49-30-6
Powers of corporation--Purchase of real property for lines--Disposition of property
Status: in_force

Every corporation formed under the provisions of this chapter, and every corporation formed under the laws of any other state or territory or of the United States, owning or operating lines of telegraph or telephone within this state, shall have power to acquire by purchase such real and other property as may be necessary for the construction, maintenance, and operation of its lines of telegraph or telephone, to hold and use the same, to lease or otherwise dispose of any part or parcel thereof, or sell the same when no longer necessary to its use.

Source: SDC 1939, § 52.1311 (3).
S.D. Codified Laws § 49-43-35 — SD Code / Title 49 / Chapter 43 / Section 49-43-35
Grain bank accounts--Establishment and maintenance
Status: in_force

Any grain delivered by a depositor to a public grain warehouse for a grain bank account shall be considered stored grain and is covered by the warehouse bond required pursuant to § 49-43-5.3 . Notwithstanding § 49-43-2.1 , a negotiable warehouse receipt need not be given to a depositor for any grain delivered for a grain bank account. However, the public grain warehouseman shall establish and maintain all grain bank accounts in a separate ledger which shall show the dates any grain was received from or redelivered to the depositor and the amount and quality of the grain which was received or redelivered. Any grain delivered into a grain bank account shall be a bailment and title to the grain shall remain with the depositor. The warehouseman shall keep sufficient grain inventory to cover all grain bank obligations. The grain bank ledger shall be kept current and show the latest activity date. Any storage, receiving, handling or redelivery charges adopted by the commission pursuant to § 49-43-7 do not apply to grain banks. However, the public grain warehouseman and depositor may agree on a service fee by contract for the storage of grain in a grain bank account. If the last grain in a grain bank account is redelivered to the depositor, or as agreed by contract between the parties, the public grain warehousemen shall give the depositor a settlement sheet showing the dates, amount and quality of grain received, redelivered, and the amount of any service fees.

Source: SL 1994, ch 359, § 2.
S.D. Codified Laws § 49-34A-6 — SD Code / Title 49 / Chapter 34A / Section 49-34A-6
Rates to be reasonable and just--Regulation by commission
Status: in_force

Every rate made, demanded or received by any public utility shall be just and reasonable. Every unjust or unreasonable rate shall be prohibited. The Public Utilities Commission is hereby authorized, empowered and directed to regulate all rates, fees and charges for the public utility service of all public utilities, including penalty for late payments, to the end that the public shall pay only just and reasonable rates for service rendered.

Source: SL 1975, ch 283, § 16.
S.D. Codified Laws § 49-30-10 — SD Code / Title 49 / Chapter 30 / Section 49-30-10
Powers of corporation--Accessory facilities
Status: in_force

Every corporation formed under the provisions of this chapter, and every corporation formed under the laws of any other state or territory or of the United States, owning or operating lines of telegraph or telephone within this state, shall have power to erect and maintain all necessary and convenient buildings, fixtures, and machinery for the accommodation and use of its patrons, and for the carrying on of its business.

Source: SDC 1939, § 52.1311 (7).
S.D. Codified Laws § 49-34A-97 — SD Code / Title 49 / Chapter 34A / Section 49-34A-97
Approval of tariff mechanisms for automatic annual adjustment of charges for environmental improvements
Status: in_force

Notwithstanding any other provisions of this chapter, the commission may approve a tariff mechanism for the automatic annual adjustment of charges for the jurisdictional capital costs and operating expenses incurred by a public utility for environmental improvements to its existing electric generation facilities. For the purposes of §§ 49-34A-97 to 49-34A-100 , inclusive, environmental improvements include any requirements under the Clean Air Act, the Clean Water Act, or any other federal law or rule, or any state law or rule implementing a federal law or rule, or voluntary environmental measures designed to protect the environment.

Source: SL 2007, ch 272, § 1.
S.D. Codified Laws § 49-49-7 — SD Code / Title 49 / Chapter 49 / Section 49-49-7
Subrogation
Status: in_force

A person who obtains payment for damages resulting from wildfire pursuant to a policy of insurance is deemed to have been made whole exclusively for purposes of an insurer's right to subrogation. In all other respects, the law of the state on matters of subrogation is applicable.

Source: SL 2026, ch 189, § 7.
S.D. Codified Laws § 49-31-91 — SD Code / Title 49 / Chapter 31 / Section 49-31-91
Criteria to be met by third-party verification company
Status: in_force

The third - party verification company shall meet each of the following criteria:

(1) Be independent of the telecommunications company that seeks to provide the subscriber's new service;

(2) Not be managed, controlled, or directed or owned wholly or in part, by the telecommunications company that seeks to provide the subscriber's new service;

(3) Operate from facilities physically separate from those of the telecommunications company that seeks to provide the subscriber's new service; and

(4) Not derive commissions or compensation based upon the number of sales confirmed.

Source: SL 1999, ch 227, § 3.
S.D. Codified Laws § 49-32-3.1 — SD Code / Title 49 / Chapter 32 / Section 49-32-3.1
Required notice to telecommunications company--Planning meeting required
Status: in_force

Any person, any political subdivision of this state, or any other public or private entity, however organized, that constructs, maintains, or operates a wind collector system for the purpose of producing electric energy shall, prior to the conclusion of planning for construction of any such project, notify in writing any telecommunications company having telecommunications facilities located within one mile of the proposed site, according to the records of the one - call notification system established by chapter 49-7A , of the intent to construct and the proposed location of the wind collector system. The telecommunications company shall contact the developer of the wind collector system at the address given in the notice required by this section within thirty days of the notice required by §§ 49-32-3.1 and 49-32-3.2 and request a planning meeting to be held within thirty days of the request with the developer of the wind collector system at a location mutually convenient to both parties. A planning meeting, once properly requested, shall be held and attended by knowledgeable representatives of the parties. If no request for a planning meeting is made, the developer is not required to meet with the telecommunications company. At the meeting the parties may discuss any concerns with the location or engineering design of the wind collector system, including the avoidance of inductive interference associated with the project.

Source: SL 2003, ch 239, § 2.
S.D. Codified Laws § 49-33-27 — SD Code / Title 49 / Chapter 33 / Section 49-33-27
Liability of stockholders--Stock held by fiduciary or as collateral security
Status: in_force

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

Source: SDC 1939, § 52.1507; SL 1993, ch 213, § 248; SL 1995, ch 167, § 188.
S.D. Codified Laws § 49-34A-85 — SD Code / Title 49 / Chapter 34A / Section 49-34A-85
Amount of refund
Status: in_force

The amount of the tax refund shall be one hundred percent of the contractor's excise taxes attributed to the project cost, excluding any associated transmission facilities.

Source: SL 2001, ch 257, § 6.
S.D. Codified Laws § 49-43-42 — SD Code / Title 49 / Chapter 43 / Section 49-43-42
Memorandum of adjustments
Status: in_force

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

Source: SL 2008, ch 249, § 30.
S.D. Codified Laws § 49-48-6 — SD Code / Title 49 / Chapter 48 / Section 49-48-6
Alienage--Prior operator or owner--Effect on property title
Status: in_force

Notwithstanding any other provision of this chapter, title to an electric facility is not invalidated nor is the electric facility subject to forfeiture solely by reason of the alienage of any former operator or owner.

Source: SL 2026, ch 188, § 6.
S.D. Codified Laws § 49-41B-10 — SD Code / Title 49 / Chapter 41B / Section 49-41B-10
Final report of committee
Status: in_force

Within seven months after the application is filed the local review committee shall file a final report with the Public Utilities Commission which includes the recommendations of the committee as to mitigation measures and minority reports.

Source: SL 1977, ch 390, § 13.
S.D. Codified Laws § 49-16A-35 — SD Code / Title 49 / Chapter 16A / Section 49-16A-35
Suit on claim--Interest--Attorney fee--Remedy cumulative
Status: in_force

If any claim described in § 49-16A-34 is not adjusted and paid within the time limited by § 49-16A-34 , the railroad is liable for interest at the current maximum usury rate allowed by law from the date of the filing of the claim and may also be liable for a reasonable attorney fee at the court's discretion, all to be recovered by the shipper or other person in interest, in any court of competent jurisdiction. In bringing suit for the recovery of any such claim for loss or injury, if the shipper or other person in interest fails to recover a judgment in excess of the amount that may have been tendered in an effort to make settlement of the claim by the railroad, then such shipper or person in interest shall not recover the interest or attorney fee provided for in this section. The remedy afforded by this section is cumulative to any other provided by law.

Source: SDC 1939, § 52.0251; SDCL, § 49-5-30; SL 1980, ch 322, § 35.
S.D. Codified Laws § 49-16B-10 — SD Code / Title 49 / Chapter 16B / Section 49-16B-10
Projects authority may undertake
Status: in_force

For the purpose of developing the resources and improving the economic facilities of the state, the authority may engage in works of internal improvement and may own and conduct proper business enterprises through:

(1) Planning, establishing, acquiring, developing, constructing, purchasing, enlarging, maintaining, equipping, and protecting railroads and railroad facilities, including railroad rolling stock. For such purposes the authority may acquire, by purchase, gift, devise, lease, or condemnation real or personal property or any interest therein;

(2) Conducting continuous studies into the need for such facilities; and

(3) Serving the Legislature by making reports and recommendations concerning the providing of such facilities.

Source: SL 1980, ch 323, § 10.
S.D. Codified Laws § 49-40-3.1 — SD Code / Title 49 / Chapter 40 / Section 49-40-3.1
Sale of assets--Retroactive application
Status: in_force

Section 49-40-3 is retroactive and is effective as to any resolution or agreement adopted by any consumers power district.

Source: SL 1983, ch 347, § 2.
S.D. Codified Laws § 49-11-5 — SD Code / Title 49 / Chapter 11 / Section 49-11-5
Bond required for order staying rate decrease--Conditions of bond--Repayment--Violation as misdemeanor
Status: in_force

No court or judge may grant a restraining order, temporary injunction, or mesne process staying, suspending, or enjoining, during the pendency of any litigation, the operation or enforcement of a law of this state or an order made by its Public Utilities Commission, or an order, resolution, or ordinance made by a board of county commissioners, or governing body of a municipal corporation of this state, fixing the rates or charges for the transportation of messages or for service to be rendered by a public utility or public service corporation, without first requiring, as a condition precedent, the execution and filing in the office of the clerk of such court of a bond conditioned for the repayment and refunding of all rates or charges exacted and received in excess of the rates or charges fixed by the law, order, resolution, or ordinance, the operation of which is stayed or enjoined pending the litigation, if the rate or charge fixed in such law, order, resolution, or ordinance is finally determined in the course of such litigation to be legal and valid.

The violation of such judicial order, 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, § 52.0402; SL 1979, ch 307, § 73; SL 1983, ch 15, § 103.
S.D. Codified Laws § 49-7A-25 — SD Code / Title 49 / Chapter 7A / Section 49-7A-25
Complaint, answer to be sole basis for probable cause determination
Status: in_force

A determination of probable cause shall be made by the panel solely on these submissions and no other evidence shall be considered.

Source: SL 2002, ch 211, § 19.
S.D. Codified Laws § 49-34B-19 — SD Code / Title 49 / Chapter 34B / Section 49-34B-19
Federal inspection and safety standards--Enforcement certification--Promulgation of rules
Status: in_force

The commission may promulgate pipeline inspection and safety rules, pursuant to chapter 1-26 , to the extent necessary to enable the state to qualify for annual federal certification to operate the federal pipeline inspection program of intrastate and interstate gas pipelines as authorized by 49 U.S.C. §§ 60101 to 60143, inclusive (January 1, 2026).

Source: SL 1994, ch 357, § 18; SL 1995, ch 264, § 7; SL 1997, ch 268, § 7; SL 1999, ch 230, § 7; SL 2001, ch 258, § 7; SL 2003, ch 240, § 7; SL 2005, ch 247, § 7; SL 2007, ch 273, § 12; SL 2009, ch 242, § 8; SL 2010, ch 225, § 8; SL 2011, ch 210, § 8; SL 2012, ch 231, § 9; SL 2016, ch 226, § 8; SL 2019, ch 199, § 8; SL 2021, ch 201, § 6; SL 2023, ch 158, § 7; SL 2026, ch 186, § 7.
S.D. Codified Laws § 49-34A-54 — SD Code / Title 49 / Chapter 34A / Section 49-34A-54
Purchase by utility of areas disannexed by municipality
Status: in_force

If any annexing municipality shall contract its boundaries so as to exclude from its corporate limits any territory, the utility may elect within sixty days thereafter to purchase from such municipality and such municipality shall, notwithstanding any other laws, thereupon sell and convey to the utility the electric distribution properties and service rights of the municipality in any part of the excluded area which the said electric utility had previously served; upon the same procedures set forth in §§ 49-34A-50 to 49-34A-52 , inclusive.

Source: SL 1975, ch 283, § 42 (7).
S.D. Codified Laws § 49-16A-5 — SD Code / Title 49 / Chapter 16A / Section 49-16A-5
Freight charges to be just and reasonable
Status: in_force

All charges for carriage of freight by railroad must be just and reasonable.

Source: SL 1980, ch 322, § 5.
S.D. Codified Laws § 49-43-4.3 — SD Code / Title 49 / Chapter 43 / Section 49-43-4.3
Bond requirement--Violation as misdemeanor
Status: in_force

Before any license is granted to a public grain warehouse, the warehouse operator shall file with the commission a bond conditioned to secure the faithful performance of the warehouse operator's obligations as a public warehouse and full and unreserved compliance with the laws of this state and the rules of the commission, relating to the storage of property for hire by the public warehouse. The bond shall be in the amount specified by § 49-43-5.3 . Operation as a public grain warehouse without a bond is a Class 1 misdemeanor. Each day a person conducts the business of a public grain warehouse without a bond is a separate offense.

Source: SL 2008, ch 249, § 9.
S.D. Codified Laws § 49-34A-61 — SD Code / Title 49 / Chapter 34A / Section 49-34A-61
Burden of proof on party seeking to modify or vacate commission order
Status: in_force

In all proceedings before the Public Utilities Commission in which the modification or vacation of any order of the commission is sought, the burden of proof shall be on the person seeking such modification or vacation.

Source: SL 1975, ch 283, § 50.
S.D. Codified Laws § 49-36-1.3 — SD Code / Title 49 / Chapter 36 / Section 49-36-1.3
Content and filing of nominating petitions
Status: in_force

Nominating petitions for director filed pursuant to this chapter shall state the director position sought, using the designations established by the secretary of state on file in the office of the secretary of state within the time prescribed by § 12-6-4 and shall be signed by not less than fifty registered voters of the district or subdivision of the district. To the extent it is consistent with this chapter, § 12-6-8 shall govern such petitions.

Source: SL 1989, ch 403, § 7.
S.D. Codified Laws § 49-7A-14 — SD Code / Title 49 / Chapter 7A / Section 49-7A-14
Local permit requirements unaffected
Status: in_force

This chapter does not affect or impair any local ordinances or other provisions of law requiring permits to be obtained before excavation. However, a permit issued by any governing body does not relieve the excavator from complying with the requirements of this chapter.

Source: SL 1993, ch 346, § 15.
S.D. Codified Laws § 49-45-6 — SD Code / Title 49 / Chapter 45 / Section 49-45-6
Supervision of grain buyers--Promulgation of rules
Status: in_force

The commission shall supervise the business of grain buyers in this state and administer the laws in relation thereto. The commission may promulgate rules, pursuant to chapter 1-26 , concerning:

(1) The form of a grain buyer's bond and application and the information required to be included for licensing;

(2) Requirements for posting grain buyer's licenses;

(3) Notice requirements to sellers who enter into voluntary credit sale agreements;

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

(5) Requirements for grain buyers to provide information to sellers regarding the statutes and rules relating to grain buyers;

(6) Requirements and procedures for releasing bonds; and

(7) Procedures and requirements for license suspension, revocation, transfer of ownership, or insolvency by a grain buyer.

Source: SL 1985, ch 376, § 70; SL 1986, ch 22, § 26; SL 1990, ch 371, § 7; SL 1992, ch 332, § 6; SL 2008, ch 251, § 4; SL 2011, ch 211, § 6; SL 2020, ch 202, § 1.
S.D. Codified Laws § 49-35-4 — SD Code / Title 49 / Chapter 35 / Section 49-35-4
Composition of district--Division of municipalities prohibited--Districts within districts
Status: in_force

A consumers power district may be composed of the territory of one or more municipalities or rural areas as defined in this chapter, whether contiguous or otherwise, but no municipality or voting precinct shall be divided in the formation of a district. Nothing in chapters 49-35 to 49-40 , inclusive, shall be construed to prevent the organization of a district within, or partly within, the territorial boundaries of another district organized hereunder, so long as the plants and systems and the operation of the same, the exercise of powers, and the assumption of duties and responsibilities, of or on the part of one such district, do not nullify, substantially conflict with, or materially affect those of, or on the part of, another such district.

Source: SL 1950 (SS), ch 17, § 4; SDC Supp 1960, § 52.1704.
S.D. Codified Laws § 49-17A-37 — SD Code / Title 49 / Chapter 17A / Section 49-17A-37
Grant of operating privileges and use of railroad and facilities
Status: in_force

Except as may be limited by the terms and conditions of any grant, loan or agreement authorized by this chapter, an authority may by contract, lease, or otherwise grant, for such consideration and term as it may determine, to any person the privilege of operating or using any railroad or railroad facilities or property, owned or controlled by the authority.

Source: SL 1978, ch 344, § 35; SL 1981, ch 333, § 3.
S.D. Codified Laws § 49-31-108 — SD Code / Title 49 / Chapter 31 / Section 49-31-108
Telephone solicitation--Violations--Civil penalty
Status: in_force

Any person who violates §§ 49-31-99 to 49-31-108 , inclusive, or any rules promulgated pursuant to §§ 49-31-99 to 49-31-108 , 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 five thousand dollars for each offense. In determining the amount of the penalty upon finding a violation, or the amount of a 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, and the good faith of the person charged in attempting to achieve compliance. Any telephone solicitation made to a person whose name first appears on the register is not a violation of §§ 49-31-99 to 49-31-108 , inclusive, if the solicitation is made within thirty days of the receipt of the register. Any penalty collected pursuant to this section shall be credited to the telephone solicitation account established pursuant to § 49-31-104 .

Source: SL 2003, ch 238, § 11; SL 2021, ch 200, § 2.
S.D. Codified Laws § 49-31-89 — SD Code / Title 49 / Chapter 31 / Section 49-31-89
Telecommunications company, services or product not to be changed without subscriber authorization--Evidence of authorization--Commission authorized to promulgate rules--Scope of rules
Status: in_force

The telecommunications company of any subscriber may not be changed without the telecommunications service subscriber's authorization. The telecommunications service subscriber's authorization shall be evidenced either by a written authorization signed by the subscriber or by the use of an independent third - party verification company which complies with the provisions of §§ 49-31-90 and 49-31-91 , or by any other means authorized by the commission. Products or services may not be listed on a subscriber's bill unless authorized by the subscriber. The commission may promulgate rules pursuant to chapter 1-26 concerning procedures, requirements, and standards for changing a subscriber's telecommunications company and for listing products and services on a subscriber's bill.

Source: SL 1999, ch 227, § 1.
S.D. Codified Laws § 49-31-45 — SD Code / Title 49 / Chapter 31 / Section 49-31-45
Payment of investigation and hearing expenses--Procedure for payment--Accounting of company's deposit--Notice and order as to amount to be returned
Status: in_force

The expenses incurred in any investigation or hearing conducted in pursuance of § 49-31-44 shall be paid out of the fund on warrants drawn by the state auditor upon itemized vouchers submitted by the commission. The commission shall keep and maintain a detailed record of the amount expended from each deposit by each company making a deposit. Upon the conclusion of the investigation or hearing, the commission shall make an accounting of the deposit and shall give the company making the deposit, within thirty days of the final decision, notice in writing of the itemization and the amount that is proposed to be returned to the company. Any company protesting the itemization may file objections with the commission within thirty days of receiving the itemization. The commission shall resolve any objections by order consistent with chapter 1-26 .

Source: SL 1951, ch 260, § 2; SL 1953, ch 280, § 1; SDC Supp 1960, § 52.0273; SDCL, § 49-10-29; SL 1987, ch 345, § 83; SL 1988, ch 375, § 31; SL 1991, ch 381, § 12.
S.D. Codified Laws § 49-1-10 — SD Code / Title 49 / Chapter 1 / Section 49-1-10
Hearings before commission--Oaths
Status: in_force

Any party may appear before the Public Utilities Commission and be heard in person or by attorney. Every commissioner shall have the right to administer oaths and affirmations in any proceeding pending before the commission.

Source: SDC 1939, § 52.0109.
S.D. Codified Laws § 49-32-1 — SD Code / Title 49 / Chapter 32 / Section 49-32-1
Right-of-way over or under public grounds--Control by public authorities--Acquisition of right-of-way
Status: in_force

The owners of any telecommunications facilities operated in this state are granted the right - of - way over or under lands and real property belonging to the state and the right to use public grounds, streets, alleys and highways in this state, subject to the control by the proper authorities as to which grounds, streets, alleys or highways the lines run over or under, and placement of poles to support the wires. The right - of - way over or under real property in this chapter may be acquired in the same manner and by like proceedings as provided for railroad corporations.

Source: SDC 1939, § 52.1313; SL 1983, ch 341; SL 1987, ch 345, § 85.
S.D. Codified Laws § 49-1-9 — SD Code / Title 49 / Chapter 1 / Section 49-1-9
Proceedings before commission--Quorum--Disqualification--Appointment--Compensation
Status: in_force

Such Public Utilities Commission may in all cases conduct its proceedings, when not otherwise particularly prescribed by law, in such manner and places as will best conduce to the proper dispatch of business and to the ends of justice.

A majority of the commissioners shall constitute a quorum for the transaction of business, but no commissioner shall participate in any hearing or proceeding in which he has any conflict of interest or if he is temporarily incapacitated. If a commissioner determines that he is incapacitated or disqualified from participating for any reason in any hearing or proceeding, he shall certify that determination to the Governor, or if the character of the incapacity of any commissioner is such that he is unable to certify his incapacity to the Governor, the commission may make such certification. In the event of any such certification, the Governor shall then appoint an elected constitutional officer, other than the attorney general, to act as a member of the commission in place of the disqualified or incapacitated commissioner for the purpose of such hearing or proceeding only. If all elected constitutional officers, other than the attorney general, have certified to the Governor that the elected constitutional officers are disqualified or otherwise decline the appointment, the Governor may appoint a retired South Dakota circuit judge or retired South Dakota Supreme Court justice to act. If a retired judge or retired supreme court justice is appointed, the judge or justice must be compensated at the rate paid by the Unified Judicial System for compensation of retired judges and justices sitting for a recused judge or justice.

Source: SDC 1939, § 52.0109; SL 1977, ch 386; SL 2024, ch 186, § 1.
S.D. Codified Laws § 49-34A-102 — SD Code / Title 49 / Chapter 34A / Section 49-34A-102
Qualifications for meeting renewable, recycled, and conserved energy objective
Status: in_force

Electricity qualifies for meeting the state renewable, recycled, and conserved energy objective if the source meets the requirements of §§ 49-34A-94 to 49-34A-96 , inclusive, and the commission's rules for tracking, recording, and verifying renewable energy certificates. Electricity also qualifies for meeting the state renewable, recycled, and conserved energy objective if the source is conserved energy and meets the requirements established by rules promulgated by the commission pursuant to chapter 1-26 .

Source: SL 2008, ch 244, § 2; SL 2009, ch 241, § 2.
S.D. Codified Laws § 49-7A-13 — SD Code / Title 49 / Chapter 7A / Section 49-7A-13
Inability to locate underground facility
Status: in_force

If in the course of excavation the excavator is unable to locate the underground facility or discovers that the operator of the underground facility has incorrectly located the underground facility, he shall promptly notify the operator, or, if unknown, the one - call notification center.

Source: SL 1993, ch 346, § 14.
S.D. Codified Laws § 49-17A-14 — SD Code / Title 49 / Chapter 17A / Section 49-17A-14
Powers of political subdivisions in aid of regional authority
Status: in_force

Any subdivision for which an authority has been created may:

(1) Lend or donate money to the authority;

(2) Provide that all or a portion of the taxes or funds available to the subdivision for railroad purposes, be transferred or paid directly to the authority;

(3) Cause water, sewer or drainage facilities, or any other facilities which it is authorized to provide, to be furnished adjacent to or in connection with such railroads or facilities;

(4) Dedicate, sell, convey, or lease any of its interest in any property, or grant easements, licenses, or any other rights or privileges therein to the authority;

(5) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, and walks from established streets or roads to such railroad facilities;

(6) Aid and cooperate with the authority in the planning, undertaking, construction, or operation of railroad facilities;

(7) Enter into agreements with the authority regarding action to be taken by the subdivision pursuant to the provisions of this section.

Source: SL 1978, ch 344, § 14.
S.D. Codified Laws § 49-34-20 — SD Code / Title 49 / Chapter 34 / Section 49-34-20
Presumptions
Status: in_force

There is a rebuttable presumption that a tenant or occupant of any premises where bypassing, tampering or unauthorized metering is proven to exist, caused or had knowledge of such bypassing, tampering or unauthorized metering, if the tenants or occupant had controlled access to the part of the utility supply system on the premises where the bypassing, tampering or unauthorized metering is proven to exist, and if the tenant or occupant was responsible or partially responsible for payment to the utility or to any other person for utility services provided for the premises. There is a rebuttable presumption that a utility customer at any premises where bypassing, tampering or unauthorized metering is proven to exist, caused or had knowledge of such bypassing, tampering or unauthorized metering, if the customer controlled access to the part of the utility supply system on the premises where the bypassing, tampering or unauthorized metering is proven to exist.

Source: SL 1985, ch 375, § 3.
S.D. Codified Laws § 49-34A-43 — SD Code / Title 49 / Chapter 34A / Section 49-34A-43
Boundaries of assigned service areas--Contracts between utilities--Service areas within municipalities
Status: in_force

The boundaries of each assigned service area, outside of incorporated municipalities, shall be a line equidistant between the electric lines of adjacent electric utilities as they existed on March 21, 1975, provided that these boundaries may be modified by the Public Utilities Commission to take account of natural and other physical barriers which would make service of electric power and energy beyond those barriers economically impractical and shall be modified to take account of the contracts provided for in this section, and provided further that said boundaries shall also be modified by the commission to take into account orders entered before July 1, 1975, by the electric mediation board.

Contracts between electric utilities, which are executed on or before July 1, 1976, designating service areas and customers to be served by the electric utilities approved by the commission shall be valid and enforceable and shall be incorporated into the appropriate assigned service areas. The commission shall approve a contract if it finds that the contract will eliminate or avoid unnecessary duplication of facilities, will provide adequate electric service to all areas and customers affected and will promote the efficient and economical use and development of the electric systems of the contracting electric utilities.

Where a single electric utility provided electric service within a municipality on March 21, 1975, that entire municipality shall constitute a part of the assigned service area of that electric utility. Nothing contained in this chapter shall modify existing rights of municipalities to establish an electric utility. Where two or more electric utilities provided electric service in a municipality on March 21, 1975, the boundaries of the assigned service areas within an incorporated municipality shall be assigned pursuant to the equal distance concept as applied to lines located only within the municipal boundaries.

Source: SL 1965, ch 254, §§ 6, 7, 9; SDCL, §§ 49-41-5, 49-41-6, 49-41-8; SL 1970, ch 261, §§ 6, 7, 9; SL 1975, ch 283, §§ 34 to 36.
S.D. Codified Laws § 49-34B-18 — SD Code / Title 49 / Chapter 34B / Section 49-34B-18
Initial inspection fee for interstate operators--Filing objections--Hearings--Delinquency fee
Status: in_force

Upon certification as a federal agent, the commission shall assess an initial inspection fee upon all interstate gas pipeline operators. The initial inspection fee is based on the commission's estimated costs of its first six months of operation as a federal agent. The initial inspection fee shall be prorated based on each interstate gas pipeline operator's total miles of line located within this state. 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 initial inspection fee within thirty days after the assessment is mailed, the commission may impose a delinquency fee of ten percent of the initial inspection fee and interest at the rate of fifteen percent per year on the portion of the initial inspection 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, § 17.
S.D. Codified Laws § 49-34A-62 — SD Code / Title 49 / Chapter 34A / Section 49-34A-62
Parties entitled to rehearings and appeals--Procedure
Status: in_force

Persons or corporations entitled to and procedures for a rehearing on, or an appeal from, commission decisions and orders shall be those specified in chapter 1-26 .

Source: SL 1965, ch 254, § 23; SDCL, § 49-41-24; SL 1970, ch 261, § 23; SL 1975, ch 283, §§ 30, 46; SL 1976, ch 296, § 27.
S.D. Codified Laws § 49-16A-100.9 — SD Code / Title 49 / Chapter 16A / Section 49-16A-100.9
Existing agreements--Eminent domain
Status: in_force

Nothing in §§ 49-16A-100.2 to 49-16A-100.10 , inclusive, prevents a railroad and a utility from continuing under an existing agreement or otherwise negotiating the terms and conditions applicable to a crossing or the resolution of any disputes relating to the crossing. Nothing in §§ 49-16A-100.2 to 49-16A-100.10 , inclusive, impairs the authority of a utility to secure crossing rights by easement pursuant to the exercise of the power of eminent domain.

Source: SL 2014, ch 217, § 7.
S.D. Codified Laws § 49-30-12 — SD Code / Title 49 / Chapter 30 / Section 49-30-12
Powers of corporation--Condemnation of real property
Status: in_force

Every corporation formed under the provisions of this chapter, and every corporation formed under the laws of any other state or territory or of the United States, owning or operating lines of telegraph or telephone within this state, shall have power to acquire such real property as may be necessary for the construction and maintenance of its lines of telegraph or telephone by condemnation, as prescribed by law and the rules of practice and procedure pertaining to condemnation proceedings.

Source: SDC 1939, § 52.1311 (9).
S.D. Codified Laws § 49-34A-59 — SD Code / Title 49 / Chapter 34A / Section 49-34A-59
Notice and hearing on violation of service area provisions--Time for decision
Status: in_force

Upon the filing of an application under § 49-34A-58 or upon complaint by an affected utility that the provisions of §§ 49-34A-42 to 49-34A-57 , inclusive, have been violated, the commission shall, after notice and opportunity for hearing, issue its decision within sixty days after the filing of the application or complaint. The commission may extend the time for a decision if requested by a party to the proceeding and the commission finds good cause to grant the extension.

Source: SL 1975, ch 283, § 40; SL 2010, ch 223, § 1.
S.D. Codified Laws § 49-39-7 — SD Code / Title 49 / Chapter 39 / Section 49-39-7
Agreement with bondholders respecting charges for electricity
Status: in_force

The directors of any district organized under the provisions of chapter 49-35 are authorized to agree with the holders of any such revenue debentures, notes, warrants, bonds, or other evidences of indebtedness, as to the rates which such district shall charge and collect for electric energy, or other service, sold by the district.

Source: SL 1950 (SS), ch 17, § 51; SDC Supp 1960, § 52.1751.
S.D. Codified Laws § 49-43-40 — SD Code / Title 49 / Chapter 43 / Section 49-43-40
Inspection of grain warehouses--Subpoena power and examination of witnesses
Status: in_force

The commission shall cause every public grain warehouse, whether licensed or unlicensed, to be inspected at such times as the commission considers necessary. The inspector shall report in writing to the commission the result of the inspection. The inspector may, at any time during business hours, enter any public grain warehouse or any structure, vehicle, or enclosure in which the books and accounts of any public grain warehouse are kept, and may examine all the books, accounts, and electronic records relating to the transaction of business in such public grain warehouse either within or without the state. The commission may in all matters arising under this chapter exercise the power of subpoena and examine witnesses in accordance with chapter 1-26 .

Source: SL 2008, ch 249, § 28; SL 2011, ch 211, § 4.
S.D. Codified Laws § 49-45-18 — SD Code / Title 49 / Chapter 45 / Section 49-45-18
Audit of scale tickets--Certification of quantity and class of grain
Status: in_force

If the commission becomes aware of any act by any grain buyer as described in § 49-45-16 , the commission may:

(1) Undertake an immediate audit and verify the names and addresses of all outstanding scale ticket holders as revealed by the audit, and audit and certify the quantity and class or classes of grain therein;

(2) Immediately notify the surety named in the grain buyer bond, if any, held by such grain buyer.

Source: SL 1989, ch 404, § 7; SL 2008, ch 251, § 17.
S.D. Codified Laws § 49-16B-15 — SD Code / Title 49 / Chapter 16B / Section 49-16B-15
Lease of facilities and sites
Status: in_force

To accomplish projects of the kind listed in § 49-16B-10 , the authority may execute leases of facilities and sites to, and charge for the use of any such facilities and sites by the Department of Transportation or other lessee. Leases may be entered into contemporaneously with any financing to be done by the authority and payments under the terms of a lease shall begin at any time after execution of any lease.

Source: SL 1980, ch 323, § 15; SL 1981 (2d SS), ch 4, § 6; SL 1996, ch 20, § 25.
S.D. Codified Laws § 49-31-20 — SD Code / Title 49 / Chapter 31 / Section 49-31-20
Merger, consolidation, or transfer of stock or other ownership interests--Notification
Status: in_force

Any telecommunications company that holds a certificate of authority to operate in this state shall notify the commission of any consolidation or merger or transfer of stock or other ownership interests that will result in a different person then owning more than fifty percent of the company's stock or ownership interests.

Source: SDC 1939, § 52.1312; SL 1951, ch 259; SL 1987, ch 345, § 67; SL 1988, ch 375, § 24; SL 1992, ch 328, § 28; SL 1998, ch 274, § 21; SL 2005, ch 245, § 1.
S.D. Codified Laws § 49-30-14 — SD Code / Title 49 / Chapter 30 / Section 49-30-14
Voting for directors--Filling vacancies
Status: in_force

In the election of directors each stockholder shall be entitled to one vote, either in person or by proxy, for every share of stock owned by him for thirty days next preceding such election. Vacancies shall be filled in the manner prescribed in the bylaws. Inspectors of the first election of directors shall be appointed by the board of directors named in the articles of incorporation, and thereafter as provided by the bylaws.

Source: SDC 1939, § 52.1305; SL 1943, ch 178; SL 1955, ch 227, § 1.
S.D. Codified Laws § 49-16A-11 — SD Code / Title 49 / Chapter 16A / Section 49-16A-11
Venue of criminal prosecution
Status: in_force

Trial of a criminal action under §§ 49-16A-9 and 49-16A-10 shall be in the circuit court for the county in which any part of the violation was committed or through which the transportation was conducted.

Source: SL 1980, ch 322, § 11.
S.D. Codified Laws § 49-37-24 — SD Code / Title 49 / Chapter 37 / Section 49-37-24
Investment of district funds--Regulations--Investment officer
Status: in_force

A consumer power district may invest, deposit or administer its public funds, moneys, and securities in the classes of securities and investments approved for investment of state public funds under the provisions of chapter 4-5 . The board of directors of a district may promulgate investment policy regulations pertaining to the kind or nature of investments of any of the moneys, funds, or securities and any restrictions on the methods for investment which govern the person or firm designated by the board of directors to invest the district's moneys. The board may designate an officer, employee, other person or firm to act as its investment officer.

Source: SL 1981, ch 339.
S.D. Codified Laws § 49-31-99 — SD Code / Title 49 / Chapter 31 / Section 49-31-99
Requirements for telephone solicitors making unsolicited calls
Status: in_force

Any telephone solicitor who makes unsolicited telephone calls shall institute procedures that comply with the provisions of this chapter for obtaining a list of persons who do not wish to receive unsolicited telephone calls made by or on behalf of the telephone solicitor. No telephone solicitor may make an unsolicited telephone call to any number listed on the register. The commission may promulgate rules, pursuant to chapter 1-26 , concerning procedures and requirements regarding the implementation of a register, setting of fees for purchase of the register, form of the application, requirements for acquiring a copy of the register, requirements for enrollment on and removal from the register, procedures for maintaining a register, setting of fees to enroll or renew enrollment on the register, procedures for operating the register, standards concerning the use of the register, and application of the civil fines.

Source: SL 2003, ch 238, § 2.
S.D. Codified Laws § 49-36-2 — SD Code / Title 49 / Chapter 36 / Section 49-36-2
Duties of election officials
Status: in_force

It shall be the duty of all state and local officers, and of all officers of election, to perform all duties imposed upon them by the laws of this state pertaining to primary and general elections, insofar as applicable to election of directors of districts organized under the provisions of chapter 49-35 .

Source: SL 1950 (SS), ch 17, § 18; SDC Supp 1960, § 52.1718.
S.D. Codified Laws § 49-13-1.1 — SD Code / Title 49 / Chapter 13 / Section 49-13-1.1
Complaint to commission or suit by private person--Election of remedies
Status: in_force

Any person claiming to be damaged by any telecommunications company or motor carrier may either make complaint to the commission or may bring suit on his own behalf for the recovery of damages in any court of competent jurisdiction in this state, but no person may pursue both remedies at the same time.

Source: SDC 1939, § 52.0215; SDCL, § 49-3-23; SL 1987, ch 345, § 18.
S.D. Codified Laws § 49-34A-29 — SD Code / Title 49 / Chapter 34A / Section 49-34A-29
Issue of security or assumption of liability by utility prohibited unless authorized by commission
Status: in_force

No public utility organized under the laws of this state or any public utility organized under the laws of any other state receiving more than twenty - five percent of its gross revenue in this state and which nonresident public utility is not subject to the jurisdiction of the federal power commission in the issuance of its securities shall issue any security, or assume any obligation or liability as guarantor, endorser, surety, or otherwise, in respect of any security of another person, unless and until, and then only to the extent that, upon application by the public utility, the Public Utilities Commission by order authorizes such issue or assumption of liability.

Source: SL 1975, ch 283, § 18; SL 1977, ch 394, § 1.
S.D. Codified Laws § 49-43-50 — SD Code / Title 49 / Chapter 43 / Section 49-43-50
Appeal of commission decision
Status: in_force

An aggrieved party may appeal any decision of the commission made in the course of administration of this chapter in accordance with chapter 1-26 .

Source: SL 2008, ch 249, § 38.
S.D. Codified Laws § 49-41B-15 — SD Code / Title 49 / Chapter 41B / Section 49-41B-15
Commission procedure following receipt of application for permit
Status: in_force

Within thirty days following receipt of an application for a permit, the commission shall:

(1) Schedule a public input meeting;

(2) Notify the applicant of the public input meeting; and

(3) Serve notice of the application and public input meeting upon the governing bodies of the counties and municipalities totally or partially within the area of the proposed facility.

Source: SL 1977, ch 390, § 9; SL 2006, ch 242, § 4; SL 2008, ch 246, § 2; SL 2019, ch 200, § 5.
S.D. Codified Laws § 49-34A-42 — SD Code / Title 49 / Chapter 34A / Section 49-34A-42
Electric utility's exclusive rights in assigned service area--Connecting facilities in another area
Status: in_force

Each electric utility has the exclusive right to provide electric service at retail at each and every location where it is serving a customer as of March 21, 1975, and to each and every present and future customer in its assigned service area. No electric utility shall render or extend electric service at retail within the assigned service area of another electric utility unless such other electric utility consents thereto in writing and the agreement is approved by the commission consistent with § 49-34A-55 . However, any electric utility may extend its facilities through the assigned service area of another electric utility if the extension is necessary to facilitate the electric utility connecting its facilities or customers within its own assigned service area.

The commission shall have the jurisdiction to enforce the assigned service areas established by §§ 49-34A-42 to 49-34A-44 , inclusive, and 49-34A-48 to 49-34A-59 , inclusive.

Source: SL 1965, ch 254, §§ 5, 8, 10; SDCL, §§ 49-41-4, 49-41-7, 49-41-9; SL 1970, ch 261, §§ 5, 8, 10; SL 1975, ch 283, § 38; SL 1991, ch 386, § 4.
S.D. Codified Laws § 49-28-50 — SD Code / Title 49 / Chapter 28 / Section 49-28-50
Reports and statements by carriers
Status: in_force

Each motor carrier shall prepare and file with the department, at such time, and in the form to be prescribed by the department, reports and statements giving to the department such information as it requires in order to perform its duties under this chapter.

Source: SDC 1939, § 44.0419; SL 1975, ch 284, § 2; SL 1981, ch 334, § 18; SL 1985, ch 374, § 38; SL 2006, ch 234, § 13.
S.D. Codified Laws § 49-34A-100 — SD Code / Title 49 / Chapter 34A / Section 49-34A-100
Approval, rejection, or modification of annual rate adjustment
Status: in_force

Upon receiving filing under § 49-34A-99 for a rate adjustment pursuant to the tariff established in § 49-34A-98 , the commission may approve, reject, or modify the annual rate adjustment after notice and opportunity for hearing. In making its decision, the commission shall consider whether the costs and expenses included for recovery through the tariff were or are expected to be prudently incurred, will achieve environmental improvements at the lowest reasonable cost to ratepayers, and will allow the public utility to recover costs consistent with its allowed return on equity. To the extent the environmental improvement may affect the following, the commission may also consider whether the environmental improvement is likely to enhance adequate utility service, rate stability, the financial stability of the public utility, reasonable capital costs, just and reasonable rates, a fair rate of return, and other considerations that benefit the public interest.

Source: SL 2007, ch 272, § 4.
S.D. Codified Laws § 49-7A-28 — SD Code / Title 49 / Chapter 7A / Section 49-7A-28
Action to recover penalty
Status: in_force

If the amount of the penalty is not paid to the board, the board, shall bring an action in the name of the State of South Dakota to recover the penalty in accordance with § 49-7A-33 . No action may be commenced until after the time has expired for an appeal from the findings, conclusions, and order of the board.

Source: SL 2002, ch 211, § 22; SL 2018, ch 261, § 2, eff. July 1, 2019.
S.D. Codified Laws § 49-30-20 — SD Code / Title 49 / Chapter 30 / Section 49-30-20
Subscriptions for capital stock
Status: in_force

When the certificate of corporate existence is issued, the directors may, in case the whole of the capital stock shall not have been before subscribed, open books of subscription to fill up the capital stock at such time and after giving such notice as they may deem expedient, and may from time to time receive subscriptions until the capital stock is subscribed.

Source: SDC 1939, § 52.1304.
S.D. Codified Laws § 49-31-38.2 — SD Code / Title 49 / Chapter 31 / Section 49-31-38.2
Additional penalty for violations--Forfeiture of franchise--Foreign corporations
Status: in_force

In addition to any penalty imposed or remedy provided in chapters 49-7 to 49-13 , inclusive, and this chapter, if any telecommunications company willfully continues to neglect or refuse to comply with the provisions of those chapters, or with any reasonable order or regulation of the commission, such neglect or refusal shall cause a forfeiture of the franchise of the corporation, if the corporation is a domestic corporation. If the corporation is a foreign corporation, such neglect or refusal shall cause a forfeiture of all rights and privileges to transact its business within this state.

Source: SDC 1939, § 52.0254; SDCL, § 49-3-25; SL 1987, ch 345, § 75; SL 1992, ch 328, § 31.
S.D. Codified Laws § 49-16A-79 — SD Code / Title 49 / Chapter 16A / Section 49-16A-79
Condemnation for spur tracks to serve industry
Status: in_force

Each railroad owning, leasing, or operating a road in this state may condemn property for the right - of - way of spur tracks designed to reach or serve industries or industrial enterprises, such as mills, mines, smelters, factories, warehouses, and other manufacturing and industrial enterprises, for which freight train service is not performed.

Source: SDC 1939, § 52.0825; SDCL, § 49-22-11; SL 1980, ch 322, § 78.
S.D. Codified Laws § 49-32A-17 — SD Code / Title 49 / Chapter 32A / Section 49-32A-17
Acquisition and operation of electronic transmission and relay systems--Land and property acquisition--Compensation of property owners
Status: in_force

If necessary in the furtherance of the objects of this chapter, a translator district organized under this chapter may acquire, build, construct, repair, own, maintain and operate any necessary stations transmitting simultaneous signals intended to be received by the general public, relay stations, pick - up stations, or any other electrical or electronic system necessary. It may acquire by gift, devise, bequest, lease, purchase, or eminent domain real and personal property, tangible or intangible, including lands, rights of way and easements, necessary or convenient for its purposes. It may make contracts to compensate any owner of land or other property for the use of such property for the purposes of this chapter.

Source: SL 1976, ch 76, § 9.
S.D. Codified Laws § 49-34-9 — SD Code / Title 49 / Chapter 34 / Section 49-34-9
Power to borrow money and give security--Resolution of board of directors
Status: in_force

Any corporation organized under the provisions of chapter 49-33 may, from time to time, borrow such sums of money at such rates of interest and upon such terms as the corporation or board of directors shall agree and authorize, and shall have power to execute trust deeds or mortgages, or both, as occasion may require, on any or all of its property for any amounts borrowed or owing by the corporation and therein to make provisions granting, transferring, or mortgaging its railroad tracks, right - of - way, powerhouses, shops, barns, depot grounds, right, franchises, exemptions, rolling stock, furniture, tools, equipment, and appurtenances, used in connection with the business of such corporation in any manner whatever, then belonging to such corporation or which it may thereafter acquire as security for any bonds or evidences of debt therein mentioned in such manner as the corporation or its directors shall think proper and shall by resolution direct, and such instrument shall fully convey the same as therein described.

Source: SDC 1939, § 52.1516; SL 1947, ch 237.
S.D. Codified Laws § 49-43-5.8 — SD Code / Title 49 / Chapter 43 / Section 49-43-5.8
Possession of warehouse by commission--Notification of surety
Status: in_force

If the commission becomes aware of any act by any warehouse operator as described in § 49-43-5.6 , the commission may:

(1) Take immediate possession of the warehouse facility, and undertake an immediate audit and verify the names and addresses of all outstanding warehouse receipt holders and scale ticket holders as revealed by the audit, and audit and certify the quantity and class or classes of grain therein;

(2) Immediately notify the surety named in both the warehouse's and grain buyer's bonds, if any, held by the warehouse.

Source: SL 1987, ch 355, § 4a; SL 2008, ch 249, § 14.
S.D. Codified Laws § 49-36-6 — SD Code / Title 49 / Chapter 36 / Section 49-36-6
Vacancies on board of directors--Circumstances creating vacancy--Filling by board of directors
Status: in_force

A vacancy on the board of directors shall exist in the event of the

(1) Death, disability or removal from district of any directors;

(2) Removal from the subdivision from which the director was elected; or

(3) Elimination or detachment from the district of the territory in which a director or directors reside.

In the event of a vacancy, the vacancy shall be filled by the board of directors.

Source: SL 1950 (SS), ch 17, § 23; SDC Supp 1960, § 52.1723; SL 1989, ch 403, § 15.
S.D. Codified Laws § 49-16A-46 — SD Code / Title 49 / Chapter 16A / Section 49-16A-46
Transfer of certain Public Utilities Commission functions to transportation department
Status: in_force

All functions of the Public Utilities Commission relating to the initiation, prosecution, intervention, defense, or appearance in any proceeding before any court, commission, board, tribunal, or agency, whether such functions are on behalf of the State of South Dakota or otherwise, and where such function relates to the abandonment, consolidation, merger, or inclusion of any railroad or part of a railroad are transferred to the Department of Transportation.

Source: SL 1979, ch 311, § 2; SDCL Supp, § 49-21-37; SL 1980, ch 322, § 45; SL 1990, ch 372, § 10.
S.D. Codified Laws § 49-31-5.2 — SD Code / Title 49 / Chapter 31 / Section 49-31-5.2
Independent telecommunications companies--Petition by subscribers for election to be regulated by commission
Status: in_force

An independent telecommunications company may be brought under commission regulation if no fewer than five percent of the subscribers, or twenty - five subscribers, whichever is the greater, petition the commission to hold an election of all subscribers of the company to return the company to commission regulation.

Source: SL 1982, ch 329, § 3; SL 1992, ch 328, § 12.
S.D. Codified Laws § 49-1-3 — SD Code / Title 49 / Chapter 1 / Section 49-1-3
Qualifications of commissioners--Age and residence--Interest in companies prohibited
Status: in_force

No person is eligible to hold the office of Public Utilities Commissioner except a citizen of the United States, a qualified voter of this state who has attained the age of twenty - five years and has resided within this state for at least two years next preceding his election, and who is not the owner of any bonds or stocks in any company, or in the employment of or in any manner pecuniarily interested in any company, of which the Public Utilities Commission has supervision.

Source: SDC 1939, § 52.0104; SL 1992, ch 325, § 3.
S.D. Codified Laws § 49-37-10 — SD Code / Title 49 / Chapter 37 / Section 49-37-10
Competitive bidding requirements suspended during emergency
Status: in_force

In the event of sudden or unexpected damage, injury or impairment of such plant, works, system, or other property belonging to a consumers power district, the board of directors may, in its discretion, declare an emergency, and proceed with the necessary repairs, alterations, extensions, additions, or other work, without first complying with the provisions of § 49-37-9 .

Source: SL 1950 (SS), ch 17, § 53; SDC Supp 1960, § 52.1753.
S.D. Codified Laws § 49-17A-9 — SD Code / Title 49 / Chapter 17A / Section 49-17A-9
Executive director and other agents--Delegation of powers and duties
Status: in_force

A regional authority may appoint or elect an executive director, and such other officers, agents, and employees as it may determine. An authority may delegate its powers and duties to one or more of its officers, agents, or employees.

Source: SL 1978, ch 344, § 9.