S.D. Codified Laws § 49-43-2.1 — SD Code / Title 49 / Chapter 43 / Section 49-43-2.1
Receipt for stored grain required--Exceptions--Form--Violation as misdemeanor
Status: in_force

The operator of a public grain warehouse shall give a receipt for the grain received by it for storage, except for grain held in open storage or a grain bank account. No receipt form may be used except any form requested and ordered in accordance with the commission's rules promulgated pursuant to chapter 1-26 .

The commission shall determine by rule or order the form and contents of any receipt form, which shall be uniform.

Any receipt form may be recovered by the commission if the public grain warehouse license is revoked, suspended, or otherwise terminated.

A violation of this section is a Class 1 misdemeanor.

Source: SL 1985, ch 376, § 23; SL 1986, ch 397, § 3; SL 2008, ch 249, § 4.
S.D. Codified Laws § 49-36-12 — SD Code / Title 49 / Chapter 36 / Section 49-36-12
Adoption of rules, regulations, and bylaws by directors--Majority as quorum--Majority vote required for action
Status: in_force

The board of directors of a consumers power district may adopt rules and regulations, or bylaws, which are not inconsistent with the provisions of chapters 49-35 to 49-40 , inclusive, for the conduct of the business and affairs of the district. A majority of the members of the board of directors shall constitute a quorum for the transaction of official business and the decision of the majority of the members of the board shall be required to be the act of the board.

Source: SL 1950 (SS), ch 17, § 31; SDC Supp 1960, § 52.1731; SL 1989, ch 403, § 16.
S.D. Codified Laws § 49-17A-20 — SD Code / Title 49 / Chapter 17A / Section 49-17A-20
Exemption from taxation of property and income of authority
Status: in_force

Any property acquired by an authority and any income derived by the authority shall be exempt from taxation.

Source: SL 1978, ch 344, § 38.
S.D. Codified Laws § 49-34A-8.3 — SD Code / Title 49 / Chapter 34A / Section 49-34A-8.3
Business development rates--Public interest exception
Status: in_force

In addition to any other rate authorized by this chapter, the commission may approve business development rates authorizing a utility to negotiate and agree with a customer for specific rates which differ from standard rates otherwise applicable to the customer. All business development rates shall be approved as being in the public interest under such terms and conditions as the commission may provide in a proceeding under this chapter. If approved, no such business development rate constitutes a violation of § 49-34A-3 or a change in rates pursuant to § 49-34A-12 . The provisions of this section apply to any business development rate tariff approved by the commission in existence on July 1, 1996.

Source: SL 1996, ch 275.
S.D. Codified Laws § 49-16B-32 — SD Code / Title 49 / Chapter 16B / Section 49-16B-32
Interim notes--Issuance pursuant to resolution--Contents of resolution--Extending maturity date
Status: in_force

Whenever the authority deems it advisable and in the interests of the authority to borrow funds temporarily for any of the purposes enumerated in § 49-16B-31 , the authority may from time to time, and pursuant to appropriate resolution, issue interim notes to evidence such borrowings, including funds for the payment of interest on such borrowings and funds for all necessary and incidental expenses in connection with any of the purposes provided for by this section and this chapter until the date of the permanent financing. Any resolution authorizing the issuance of such notes shall describe the project to be undertaken and shall specify the principal amount, rate of interest and maturity date, but not to exceed five years from date of issue, and such other terms as may be specified in such resolution. However, the time of payment of any such notes may be extended for a period of not exceeding three years from the maturity date thereof.

Source: SL 1980, ch 323, § 31.
S.D. Codified Laws § 49-31-29.1 — SD Code / Title 49 / Chapter 31 / Section 49-31-29.1
"Communication device" and "emergency" defined
Status: in_force

Terms used in §§ 49-31-29.1 and 49-31-29.2 mean:

(1) "Communication device," any device, including a telephone, cellular telephone, computer, or radio which may be used in an attempt to summon law enforcement, fire department, medical, or other emergency personnel;

(2) "Emergency," any situation in which human health or safety is in imminent danger.

Source: SL 2002, ch 214, § 1.
S.D. Codified Laws § 49-11-6 — SD Code / Title 49 / Chapter 11 / Section 49-11-6
Receipt for higher rate during period of stay--Condition precedent to grant of stay--Violation as misdemeanor
Status: in_force

No court or judge may issue a restraining order, temporary injunction, or mesne process described in § 49-11-5 except upon the condition, to be made a condition precedent, that during the pendency of such litigation the common carrier, public utility, or public service corporation upon whose application the restraining order, temporary injunction, or other mesne process was sought must deliver to every patron, firm, person, association or corporation from whom it will exact or receive a rate or charge in excess of the rate or charge fixed in such law or order, resolution, or ordinance, when demanded, a coupon or ticket showing the rate or charge exacted and paid, the total amount collected and what for, the rate or charge fixed in the law, order, resolution, or ordinance, and the amount which would have been collected if the operation of such law, order, resolution or ordinance had not been stayed, suspended, or enjoined, and the amount of money to be refunded if the rates or charges fixed in such law, order, resolution or ordinance are finally be held 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 1983, ch 15, § 104.
S.D. Codified Laws § 49-36-11 — SD Code / Title 49 / Chapter 36 / Section 49-36-11
Qualifications of director
Status: in_force

No person is qualified to hold office as a member of the board of directors of a consumers power district unless the person is a voter of the district or, if the district be subdivided for election purposes as provided in this chapter, of the subdivision of which the person is a voter. No person is qualified to be a member of more than one district board. No person is qualified to serve as a member if the person's service on the board would be inconsistent with the person's employment or financial interest.

Source: SL 1950 (SS), ch 17, § 27; SDC Supp 1960, § 52.1727; SL 1976, ch 298, § 3; SL 2015, ch 234, § 1.
S.D. Codified Laws § 49-45-10.1 — SD Code / Title 49 / Chapter 45 / Section 49-45-10.1
Uniform scale tickets or receipts
Status: in_force

Upon receiving grain, a grain buyer shall issue to the seller an original uniform scale ticket or comparable receipt for each load of grain received. Tickets or receipts shall be numbered consecutively and a copy of each ticket or receipt shall be retained for six years.

Source: SL 2008, ch 251, § 10.
S.D. Codified Laws § 49-34A-53.1 — SD Code / Title 49 / Chapter 34A / Section 49-34A-53.1
Purchase of facilities in territory annexed after July 1, 1975--Time limit--Determination of gross revenue
Status: in_force

Any municipality that has annexed territory subsequent to July 1, 1975, and that did not elect to purchase the facilities in such territory pursuant to the provisions of §§ 49-34A-49 to 49-34A-52 , inclusive, may, within two years from July 1, 1992, elect to purchase the facilities in such annexed territory subject to the provisions of §§ 49-34A-49 and 49-34A-50 , except that gross revenues received shall be determined by applying the rate in effect by the purchasing municipality at the time of purchase. Any municipality which chooses not to purchase such facilities within the two - year period is precluded from thereafter purchasing such facilities, except pursuant to the provisions of § 49-34A-55 .

Source: SL 1992, ch 330, § 3.
S.D. Codified Laws § 49-1A-3 — SD Code / Title 49 / Chapter 1A / Section 49-1A-3
Annual intrastate gross receipts tax levied--Amount
Status: in_force

There is hereby levied on each public utility as defined in subdivision 49-34A-1(12), which is subject to the rate regulation of the commission, and all telecommunications companies as defined in subdivision 49-31-1(26), a tax of not more than .0015 or two hundred fifty dollars, whichever is greater upon the annual intrastate gross receipts derived by the public utility or telecommunications company from its customers within the State of South Dakota during the preceding calendar year. The two hundred fifty dollar minimum gross receipt tax does not apply to telecommunications companies providing local exchange service as defined in subdivision 49-31 - 1(13) or to radio common carriers.

Source: SL 1975, ch 112, § 3; SL 1976, ch 292, § 2; SL 1982, ch 324, §§ 1, 2; SL 1988, ch 375, § 28; SL 1991, ch 381, § 4; SL 1994, ch 352, § 1; SL 1996, ch 271; SL 2003, ch 235, § 1.
S.D. Codified Laws § 49-16A-100.3 — SD Code / Title 49 / Chapter 16A / Section 49-16A-100.3
Notice and application for placement of utility facility across railroad right-of-way
Status: in_force

Any utility that intends to place a facility across a railroad right-of-way shall provide to the railroad notice of the placement at least thirty days before the placement. The notice shall include a completed crossing application, including a drawing showing the location of the proposed crossing and the railroad's property, tracks, and wires that the utility will cross. The utility shall submit the crossing application on a form provided or approved by the railroad, if available. The crossing application shall be sent to the railroad by certified mail, return receipt requested. The application shall be accompanied by the crossing fee as set forth in § 49-16A-100.5 , and a certificate of insurance as required by § 49-16A-100.6 .

Source: SL 2014, ch 217, § 1; SL 2016, ch 223, § 2.
S.D. Codified Laws § 49-7A-24 — SD Code / Title 49 / Chapter 7A / Section 49-7A-24
Respondent to satisfy or answer complaint--Procedure
Status: in_force

The respondent shall, within the time fixed by the notice served upon it, satisfy the complaint or answer the complaint by filing the original and two copies of the answer in the office of the board and serving a copy on each complainant.

Source: SL 2002, ch 211, § 18.
S.D. Codified Laws § 49-16A-89.1 — SD Code / Title 49 / Chapter 16A / Section 49-16A-89.1
Erection of stop signs until alarms or lighting operational
Status: in_force

If the Department of Transportation orders a railroad to install crossing alarms or orders a crossing to be lighted pursuant to § 49-16A-89 , the department shall erect and maintain stop signs, which conform with standards found in the manual on uniform traffic control devices, at the crossing from the time of issuance of the order until such time as the alarms or lighting have been installed and are operational.

Source: SL 1987, ch 347.
S.D. Codified Laws § 49-34A-17 — SD Code / Title 49 / Chapter 34A / Section 49-34A-17
Implementation of proposed practice, proposed rate, or lower rate--Rate design--Accounts of customer payments--Refund of excess--Time limit
Status: in_force

The public utility may implement the proposed practice, the proposed rate, or a rate lower than the proposed rate if:

(1) The proposed rate or practice has not been suspended or is no longer subject to suspension;

(2) The commission has not issued a final decision; and

(3) Thirty days has passed from the date of filing.

In the case of a proposed increased rate, the commission may, by order, require the public utility to keep an accurate account in detail of all amounts received by reason of the increase, specifying by whom and in whose behalf the amounts are paid. Upon completion of the hearings and decision, the commission may by further order require the public utility to refund, with interest, to customers, the portion of the increased rates found to be unjust, unreasonable, or discriminatory. The refund shall be carried out as provided in §§ 49-34A-22 and 49-34A-23 . If the commission does not issue a final decision within twelve months from the date the proposed rate or practice was filed, the commission may not require a refund of increased rates charged after the twelve months.

Source: SL 1975, ch 283, § 8; SL 1976, ch 296, § 17; SL 1977, ch 392, § 1; SL 2008, ch 242, § 2; SL 2011, ch 209, § 1.
S.D. Codified Laws § 49-47-6 — SD Code / Title 49 / Chapter 47 / Section 49-47-6
Civil actions
Status: in_force

No civil action may be commenced by a dairy producer against an electric utility seeking damages or other relief allegedly due to injury caused by stray current or voltage unless the dairy producer has complied with the provisions of § 49-47-3 , and the commission has issued an order pursuant to § 49-47-4 or 49-47-5 . In any civil action against a utility for damages or other relief, after the dairy producer has complied with the provisions of § 49-47-3 , and the commission has issued an order pursuant to § 49-47-4 or 49-47-5 , the commission's order is admissible in evidence in such civil actions. The dairy producer may commence the civil action not later than one year following the issuance of the commission's final order or one year following the completion of any appeals of the commission's final order, whichever occurs later.

Source: SL 2015, ch 237, § 6.
S.D. Codified Laws § 49-31-86 — SD Code / Title 49 / Chapter 31 / Section 49-31-86
Restrictions on price changes for local exchange service--Exemption for promotions
Status: in_force

Prices for residential and business local exchange service, both recurring and nonrecurring, for a telecommunications company with more than two hundred thousand retail access lines in the state may not be changed unless reduced by the company. If the telecommunications company reduces its prices for residential or business local exchange service pursuant to §§ 49-31-1 to 49-31-88 , inclusive, it may not subsequently increase such prices. However, this restriction does not apply to promotions that last ninety days or less. The telecommunications company shall publicly announce the beginning and ending date of the promotion period. The provisions of § 49-31-4 and §§ 49-31-12 to 49-31-12.5 , inclusive, do not apply to prices for services regulated by this section.

Source: SL 1998, ch 274, § 30; SL 1999, ch 226, § 1.
S.D. Codified Laws § 49-13-20 — SD Code / Title 49 / Chapter 13 / Section 49-13-20
Money judgment for default in compliance--Disposition of money
Status: in_force

The court which issues the writ of mandamus or other proper process, mandatory or otherwise, pursuant to § 49-13-18 , may make an order directing the telecommunications company or motor carrier or other person disobeying the writ or other process to pay a sum of money not exceeding, for each telecommunications company or motor carrier or person in default, the sum of one thousand dollars for each day after the day named in the order. By an order from the court, the money shall be paid to the treasury of the county in which the action was commenced, and one - half thereof shall be transferred by the county treasurer to the state treasurer.

Source: SDC 1939, § 52.0304; SL 1987, ch 345, § 33.
S.D. Codified Laws § 49-28A-2 — SD Code / Title 49 / Chapter 28A / Section 49-28A-2
Rules authorized
Status: in_force

The director of the Division of the Highway Patrol may promulgate rules in accordance with chapter 1-26 , for the enforcement of motor carrier safety regulations and for the safe transportation of hazardous materials by a motor vehicle. The rules may not apply to any radioactive materials being transported under a permit issued by the U.S. Nuclear Regulatory Commission.

Source: SL 1981, ch 241, § 1; SDCL Supp, § 32-9-48 ; SL 1984, ch 309, § 2; SL 1986, ch 22, § 15.
S.D. Codified Laws § 49-16A-103 — SD Code / Title 49 / Chapter 16A / Section 49-16A-103
Railroad police--Authority to arrest--Procedure on arrest without warrant
Status: in_force

Policemen employed pursuant to § 49-16A-102 have the authority to arrest, with or without warrant, any person who commits an offense against the laws of this state, or the ordinances of any municipality, when such offense has been committed on the premises of the railroad, or in and about its cars, depots, depot grounds, yards, buildings, or other structures. They also have the authority of law enforcement officers in regard to the arrest and apprehension of offenders in or about such premises. If an arrest is made by such a policemen without warrant, he shall immediately take the offender to a magistrate having jurisdiction of the offense, and file a complaint against the offender.

Source: SDC 1939, § 52.1201; SDCL, § 49-27-2; SL 1980, ch 322, § 102.
S.D. Codified Laws § 49-34A-39 — SD Code / Title 49 / Chapter 34A / Section 49-34A-39
Investigation of condition of public utilities--Hearings
Status: in_force

The Public Utilities Commission upon complaint or on its own initiative and whenever it may deem it necessary in the performance of its duties may investigate and examine the condition and operation of public utilities or any particular public utility. In conducting such investigations, the commission may proceed either with or without a hearing as it may deem best but it shall make no order without affording the parties affected thereby a hearing.

Source: SL 1975, ch 283, § 29.
S.D. Codified Laws § 49-17-25 — SD Code / Title 49 / Chapter 17 / Section 49-17-25
Participation required from users of improved service
Status: in_force

Agreements entered into requiring expenditure of state funds shall also require the expenditure of funds by rail users benefiting from the proposed improvements and the expenditure of funds or the provision of services, by the railroad corporation party to such agreement. The ratio of participation by state rail users and railroad corporations shall be determined by the Department of Transportation for each branch line or branch line segment to be upgraded.

Source: SL 1978, ch 342, § 3.
S.D. Codified Laws § 49-31-96 — SD Code / Title 49 / Chapter 31 / Section 49-31-96
Costs of commission proceedings may be assessed against company--Objection
Status: in_force

If the commission finds the company has committed a violation of §§ 49-31-89 to 49-31-97 , inclusive, after holding a contested case proceeding or if allowed by § 49-31-95 , the commission may assess the actual costs of the contested case proceeding or contacting subscribers to the telecommunications company. The assessment shall be limited to actual amounts expended by the commission for commission employee time, expert witnesses, court reporter fees, document and exhibit preparation, and other necessary and related expenses incurred by the commission. The telecommunications company 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 telecommunications company. The order may be appealed pursuant to chapter 1-26 .

Source: SL 1999, ch 227, § 8.
S.D. Codified Laws § 49-17A-18 — SD Code / Title 49 / Chapter 17A / Section 49-17A-18
Power of eminent domain--Restrictions on acquisition of public or railroad property
Status: in_force

An authority may acquire all real or personal property that it deems necessary for carrying out the purposes of this chapter, whether in fee simple absolute or lesser interest, by condemnation and the exercise of the power of eminent domain in accordance with chapter 21-35 . An authority shall have no power of eminent domain with respect to property owned by another authority or subdivision or public agency of this or any other state without the consent of such authority, subdivision, or public agency. The authority shall not condemn property owned or used by a railroad corporation unless such property is the subject of an abandonment petition filed with the interstate commerce commission.

Source: SL 1978, ch 344, § 18.
S.D. Codified Laws § 49-7A-33 — SD Code / Title 49 / Chapter 7A / Section 49-7A-33
Demand for penalty required before suit brought
Status: in_force

A demand in writing on the party shall be made for the assessed penalty before suit is brought for recovery under § 49-7A-28 . No suit may be brought until the expiration of thirty days after the demand.

Source: SL 2002, ch 211, § 27.
S.D. Codified Laws § 49-43-54 — SD Code / Title 49 / Chapter 43 / Section 49-43-54
Contract with independent provider to maintain electronic warehouse receipts
Status: in_force

A warehouse operator may contract with an independent provider to maintain electronic warehouse receipts for grain. A warehouse operator shall issue electronic warehouse receipts through only one independent provider. Prior to engaging in the issuance of electronic warehouse receipts, a warehouse operator shall enter into a user agreement with an independent provider approved by the commission. All electronic warehouse receipts issued by the warehouse operator shall be filed in the independent provider's electronic central filing system.

Source: SL 2012, ch 232, § 2.
S.D. Codified Laws § 49-34B-12 — SD Code / Title 49 / Chapter 34B / Section 49-34B-12
Civil penalty for violations--Maximum penalties--Penalties credited to pipeline safety account--Interstate facilities exempt
Status: in_force

Any person who violates any provision of this chapter or any rule promulgated pursuant to this chapter is subject to a civil penalty to be imposed by the commission, after notice and opportunity for hearing. The civil penalty may not exceed two hundred thousand dollars for each violation each day that the violation persists, except that the maximum civil penalty may not exceed two million dollars for any related series of violations. 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, the gravity of the violation, prior offenses and compliance history, the good faith of the person charged in attempting to achieve compliance, and such other matters as justice may require. All penalties collected pursuant to this chapter shall be deposited in the state treasury to the credit of the pipeline safety account, established pursuant to § 49-34B-9 . This section does not apply to interstate gas pipeline facilities.

Source: SL 1994, ch 357, § 11; SL 2012, ch 231, § 5; SL 2019, ch 199, § 4.
S.D. Codified Laws § 49-43-60 — SD Code / Title 49 / Chapter 43 / Section 49-43-60
Independent provider to be authorized to transact business in South Dakota--Jurisdiction--Venue--Liability for costs
Status: in_force

Prior to being approved as an independent provider by the commission, an independent provider shall be authorized to transact business in the State of South Dakota and shall consent to jurisdiction in the State of South Dakota and venue in Hughes County, South Dakota. An independent provider is liable to the commission for costs incurred by the commission as a result of action taken in the event of a failure of the central filing system or any inability to provide the access required in § 49-43-58 .

Source: SL 2012, ch 232, § 8.
S.D. Codified Laws § 49-41B-2 — SD Code / Title 49 / Chapter 41B / Section 49-41B-2
Definition of terms
Status: in_force

Terms as used in this chapter mean:

(1) "AC/DC conversion facility," an asynchronous AC to DC to AC tie that is directly connected to a transmission facility or a facility that connects an AC transmission facility with a DC transmission facility, or vice versa;

(2) "Associated facilities," aqueducts, diversion dams, transmission substations, storage ponds, reservoirs, or cooling ponds;

(3) "Carbon dioxide," a fluid that consists of more than ninety percent carbon dioxide molecules compressed in a supercritical state;

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

(5) "Construction," any clearing of land, excavation, or other action that would affect the environment of the site for each land or rights of way upon or over which a facility may be constructed or modified, but not including activities incident to preliminary engineering or environmental studies. This term includes modifications to facilities as defined in § 49-41B-2.2 ;

(6) "Energy conversion facility," any new facility, or facility expansion, designed for or capable of generation of one hundred megawatts or more of electricity, but does not include any wind or solar energy facilities that are designed for or capable of generating one hundred megawatts or more of electricity. This term includes a hybrid facility capable of injecting one hundred megawatts or more of electricity into the transmission or distribution system;

(7) "Facility," any AC/DC conversion facility, energy conversion facility, solar energy facility, transmission facility, or wind energy facility, and associated facilities;

(8) "Facility expansion," the addition of twenty-five megawatts AC or more of generation capacity to an existing generation source resulting in a combined megawatt capability of the new and existing generation of one hundred megawatts AC or more of electricity;

(9) "Hybrid facility," a new facility, or a facility expansion, comprised of more than one type of generation source and having a single point of interconnection to the distribution or transmission system;

(10) "Permit," the permit issued by the commission under this chapter required for the construction and operation of a facility;

(11) "Person," an individual, partnership, limited liability company, joint venture, private or public corporation, association, firm, public service company, cooperative, political subdivision, municipal corporation, government agency, public utility district, or any other public or private entity, however organized;

(12) "Siting area," that area within ten miles in any direction of a proposed energy conversion facility, AC/DC conversion facility, or any other area determined by the commission to be affected by a proposed energy conversion facility;

(13) "Solar energy facility," a new facility, or facility expansion, consisting of a commonly managed integrated system of solar panels, power collection systems, electric interconnection systems, and associated facilities, that converts solar energy into electricity and is designed for or capable of generating one hundred megawatts AC or more of electricity;

(14) "Trans-state transmission facility," an electric transmission line and its associated facilities that:

(a) Originates outside of this state, crosses this state, and terminates outside of this state; and

(b) Delivers electric power and energy of twenty-five percent or less of the design capacity of the line and facilities for use in this state;

(15) "Utility," any person engaged in and controlling the generation or transmission of electric energy and gas or liquid transmission facilities, as defined by § 49-41B-2.1 ; and

(16) "Wind energy facility," a new facility, or facility expansion, consisting of a commonly managed integrated system of towers, wind turbine generators with blades, power collection systems, and electric interconnection systems, that converts wind movement into electricity and that is designed for or capable of generation of one hundred megawatts or more of electricity.

Source: SL 1977, ch 390, § 3; SL 1979, ch 318, § 2; SL 1980, ch 327, § 2; SL 1980, ch 328, § 1; SL 1981, ch 341; SL 1981, ch 342; SL 1983, ch 348; SL 1994, ch 351, § 140; SL 1994, ch 358, §§ 2, 3; SL 2005, ch 250, § 2; SL 2006, ch 242, § 1; SL 2009, ch 243, § 1; SL 2010, ch 226, § 1; SL 2013, ch 237, § 1; SL 2015, ch 235, § 1; SL 2019, ch 200, § 1; SL 2025, ch 193, § 1.
S.D. Codified Laws § 49-17-27 — SD Code / Title 49 / Chapter 17 / Section 49-17-27
Separate fund for improvement and conservation of branch lines
Status: in_force

Agreements between railroad corporations and the Department of Transportation pursuant to § 49-17-24 which do not require payment of a portion of the increased revenue derived from the improved branch line to be paid by the railroad corporation to the state shall require that the railroad corporation establish and maintain a separate railroad corporation fund to which a specified portion of the increase in revenue derived from the improved railroad branch line shall be credited and that these funds shall be used by the railroad corporation for improvement, restoration, or conservation of railroad branch lines within the state.

Source: SL 1978, ch 342, § 4.
S.D. Codified Laws § 49-31-38.1 — SD Code / Title 49 / Chapter 31 / Section 49-31-38.1
Intentional violation of provision of chapters49-1A,49-13, and49-31and of order, rule, or regulation of commission--Civil fine
Status: in_force

Except as otherwise specifically provided, any person who intentionally does or causes to be done, or intentionally permits or omits to be done, any act, matter or thing prohibited, required, or declared to be unlawful in chapters 49-1A , 49-13 , and this chapter, or intentionally violates, or refuses to comply with any lawful order, rule, or regulation of the commission, is punishable, after notice and opportunity for hearing, by a civil fine of not less than five hundred nor more than five thousand dollars for each offense.

Source: SDC 1939, § 52.9909; SDCL, § 49-3-29; SL 1983, ch. 15, § 97; SL 1983, ch 331, § 8; SL 1987, ch 345, § 74; SL 1992, ch 328, § 30; SL 2004, ch 283, § 2.
S.D. Codified Laws § 49-34C-1 — SD Code / Title 49 / Chapter 34C / Section 49-34C-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Biogas gathering line," new and existing gathering pipeline facilities in South Dakota that transport gas from a bio-methane producer to an interstate or intrastate gas pipeline;

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

(3) "Gas," natural gas, liquefied natural gas, flammable gas, gas which is toxic or corrosive, or liquefied petroleum gas in distribution systems.

Source: SL 2022, ch 172, § 1.
S.D. Codified Laws § 49-32-10 — SD Code / Title 49 / Chapter 32 / Section 49-32-10
Overhead high voltage line safety--Definition of terms
Status: in_force

Terms as used in §§ 49-32-10 to 49-32-16 , inclusive, unless the context otherwise requires, mean:

(1) "High voltage," a voltage in excess of seven hundred fifty volts between conductors or between any single conductor and the ground;

(2) "Overhead lines or overhead conductors," all bare or insulated electrical conductors installed above ground excepting those conductors that are de - energized and grounded or that are enclosed in iron pipe or other metal covering of equal strength.

Source: SL 1973, ch 288, § 1.
S.D. Codified Laws § 49-17A-10 — SD Code / Title 49 / Chapter 17A / Section 49-17A-10
Reimbursement of commissioners' expenses
Status: in_force

A commissioner shall receive no compensation for his services but shall be reimbursed for the necessary expenses incurred in the discharge of his duties.

Source: SL 1978, ch 344, § 10.
S.D. Codified Laws § 49-7A-3 — SD Code / Title 49 / Chapter 7A / Section 49-7A-3
Governing board--Representation--Term of appointment
Status: in_force

The one - call notification center shall be governed by an eleven member board who shall serve without pay. The board shall consist of one member representing telecommunication companies offering local exchange service to less than fifty thousand subscribers; one member representing telecommunication companies offering local exchange service to fifty thousand or more subscribers; one member representing rural water systems; one member representing rural electric cooperatives; one member representing investor - owned electric utilities; one member representing investor - owned natural gas utilities; one member representing community antenna television systems; one member representing municipalities; one member representing underground interstate carriers of gas or petroleum; and two members representing contractors who perform excavation services. The board shall be appointed by the Governor and shall serve staggered three - year terms.

Source: SL 1993, ch 346, § 3; SL 1997, ch 263, § 15.
S.D. Codified Laws § 49-41B-1 — SD Code / Title 49 / Chapter 41B / Section 49-41B-1
Legislative findings--Necessity to require permit for facility
Status: in_force

The Legislature finds that energy development in South Dakota and the Northern Great Plains significantly affects the welfare of the population, the environmental quality, the location and growth of industry, and the use of the natural resources of the state. The Legislature also finds that by assuming permit authority, that the state must also ensure that these facilities are constructed in an orderly and timely manner so that the energy requirements of the people of the state are fulfilled. Therefore, it is necessary to ensure that the location, construction, and operation of facilities will produce minimal adverse effects on the environment and upon the citizens of this state by providing that a facility may not be constructed or operated in this state without first obtaining a permit from the commission.

Source: SL 1977, ch 390, § 2; SL 2005, ch 250, § 1; SL 2024, ch 189, § 4, rejected Nov. 5, 2024.
S.D. Codified Laws § 49-2-4 — SD Code / Title 49 / Chapter 2 / Section 49-2-4
Duty of carrier to accept freight
Status: in_force

A common carrier must, if able, accept and carry whatever is offered, at a reasonable time and place, of a kind that he undertakes or is accustomed to carry.

Source: SDC 1939, § 8.0802.
S.D. Codified Laws § 49-16A-25 — SD Code / Title 49 / Chapter 16A / Section 49-16A-25
Lien for freightage
Status: in_force

A railroad has a lien for freightage which is regulated by the title on liens.

Source: SDC 1939, § 8.0508; SDCL, § 49-5-19; SL 1980, ch 322, § 25.
S.D. Codified Laws § 49-34A-87 — SD Code / Title 49 / Chapter 34A / Section 49-34A-87
Secretary to prescribe form and documentation requirements
Status: in_force

Any claim for refund shall be submitted on forms prescribed by the secretary and shall be supported by such documentation as the secretary may require. The secretary may deny any claim where the claimant has failed to provide information or documentation requested or considered necessary by the secretary to determine the validity of the claim.

Source: SL 2001, ch 257, § 8.
S.D. Codified Laws § 49-43-62 — SD Code / Title 49 / Chapter 43 / Section 49-43-62
Grain warehouse operator's financial condition--Notice to commission--Penalty--Civil fine
Status: in_force

If during the licensing period a grain warehouse operator becomes aware that the grain warehouse is not in compliance with each financial standard, as set forth in the commission's rules, the grain warehouse operator shall immediately notify the commission of the grain warehouse's financial condition. When notification occurs, the commission shall immediately conduct an examination to determine if any grounds for suspension pursuant to § 49-43-5.6 have occurred.

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

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

The commission may assess a grain warehouse that is out of compliance a civil fine in an amount not to exceed five thousand dollars for each day the grain warehouse has been out of compliance, up to a maximum of fifty thousand dollars.

Source: SL 2013, ch 238, § 7, eff. Apr. 1, 2013; SL 2022, ch 174, § 3; SL 2022, ch 177, § 2.
S.D. Codified Laws § 49-35-1 — SD Code / Title 49 / Chapter 35 / Section 49-35-1
Definitions
Status: in_force

Terms used in chapters 49-35 to 49-40 , inclusive, unless the context otherwise plainly requires, shall mean:

(1) "Consumers power district" or "district" means a district organized under this chapter or as the same may be from time to time altered or extended under the terms of this chapter;

(2) "Governing body" means the duly constituted legislative body or governing authority within and for a municipality or rural area;

(3) "Municipality" means an incorporated city or town;

(4) "Plant" or "system" means any and all property owned, used, or operated, or useful for operation, in the generation by means of water power, steam, or any means, or the transmission, distribution, sale or purchase of electrical energy for any and every useful purpose, as defined herein, which may be owned, leased, used or operated in conjunction with such power plant or system;

(5) "Power" means any and all electrical energy generated, distributed, bought or sold for purposes of lighting, heating, power, and any and every other purpose whatsoever;

(6) "Rural area" means any territory outside of a municipality.

Source: SL 1950 (SS), ch 17, § 3; SDC Supp 1960, § 52.1703.
S.D. Codified Laws § 49-31-69 — SD Code / Title 49 / Chapter 31 / Section 49-31-69
Certificate of authority for construction of telecommunications facility--Extension outside local exchange service area application--Amended certificate
Status: in_force

No telecommunications company may begin the construction of a telecommunications facility intended to provide local exchange service, commence operating a telecommunications facility for the purpose of providing local exchange service, or offer or otherwise provide local exchange service in this state prior to receiving a certificate of authority to provide the service from the commission. A company may not extend an existing telecommunications facility outside its local exchange service area for the purpose of providing local exchange service in a service area in which it is not certified without applying to the commission for authority to do so. Any telecommunications company seeking to amend or alter its authorized local exchange service territory shall apply for an amended certificate of authority. An application for an amended certificate is subject to the same requirements as an application for an initial certificate. The commission has the exclusive authority to grant a certificate of authority.

Source: SL 1998, ch 274, § 6.
S.D. Codified Laws § 49-7-12 — SD Code / Title 49 / Chapter 7 / Section 49-7-12
Reasonable charges
Status: in_force

All charges for carriage of property by pipeline must be reasonable.

Source: SL 1980, ch 321, § 2.
S.D. Codified Laws § 49-34A-8.4 — SD Code / Title 49 / Chapter 34A / Section 49-34A-8.4
Burden on public utility to establish criteria for determination of rates
Status: in_force

The burden is on the public utility to establish that the underlying costs of any rates, charges, or automatic adjustment charges filed under this chapter are prudent, efficient, and economical and are reasonable and necessary to provide service to the public utility's customers in this state.

Source: SL 2007, ch 269, § 2.
S.D. Codified Laws § 49-31-36 — SD Code / Title 49 / Chapter 31 / Section 49-31-36
Manufacture, possession or transfer of instrument for fraudulently obtaining telecommunications service as misdemeanor
Status: in_force

Any person:

(1) Who makes or possesses an instrument, apparatus, equipment or device designed, adapted or which can be used to obtain telecommunications service fraudulently or to conceal from the supplier of telecommunications service or from a lawful authority the existence or place of origin or of destination of a telecommunication; or

(2) Who sells, gives or otherwise transfers to another, or offers or advertises for sale, an instrument, apparatus, equipment or device described above, or plans or instructions for making or assembling the same; under circumstances evincing an intent to use or employ the instrument, apparatus, equipment or device, or to allow the same to be used or employed, for a purpose described above, or knowing or having reason to believe that the same is intended to be so used, or that the aforesaid plans or instructions are intended to be used for making or assembling such instrument, apparatus, equipment or device,

Source: SL 1965, ch 225; SL 1983, ch 15, § 123.
S.D. Codified Laws § 49-37-4 — SD Code / Title 49 / Chapter 37 / Section 49-37-4
Contractual powers--Sale of electrical appliances or equipment prohibited
Status: in_force

Subject to the limitations of the petition for its creation and all amendments thereto, a consumers power district may engage in, or transact business, or enter into any kind of contract or arrangement with any person, firm, corporation, limited liability company, association or labor union, state, county, municipality, governmental subdivision, or agency, or with the government of the United States, the Rural Electrification Administration, or with any officer, department, bureau, or agency thereof, or with any corporation organized by federal law, including the Reconstruction Finance Corporation, or any successor thereof, or with any body, politic or corporate, for any of the purposes mentioned in §§ 49-37-2 and 49-37-3.1 or for or incident to the exercise of any one or more of the foregoing powers, or for the generation, distribution, transmission, sale, purchase, exchange, interchange, wheeling, and pooling of electric power and energy for lighting, power, heating, and for any and every service involving, employing, or in any manner pertaining to the use of electric power and energy, by whatever means generated or distributed, or for the financing or payment of the cost and expense incident to the acquisition or operation of any such power plant or system or incident to any obligation or indebtedness entered into or incurred by the district. However, the district may not engage in the sale of electrical appliances or equipment.

Source: SL 1950 (SS), ch 17, § 40; SDC Supp 1960, § 52.1740; SL 1975, ch 286; SL 1994, ch 351, § 137; SL 2021, ch 200, § 5.
S.D. Codified Laws § 49-16A-86 — SD Code / Title 49 / Chapter 16A / Section 49-16A-86
Private farm crossings--Cattle guards--Duty to keep gates closed--Liability of railroad
Status: in_force

A railroad owning or operating a road in this state, which is constructed across the land of any person leaving a portion of the premises on each side of its right - of - way, shall, when ordered to by the Department of Transportation, make and keep in good repair a private farm crossing or other causeway over its right - of - way, and upon like order shall construct and maintain safe and adequate cattle guards and wing fences for the private farm crossings. The owner or lessee of the land shall keep the gates for such private farm crossing closed except when in actual use. A railroad is not liable to the owner or lessee of such land for any loss or damage sustained to his property by reason of a failure to keep the gates closed.

Source: SDC 1939, § 52.0909; SDCL, § 49-19-26; SL 1980, ch 322, § 85; SL 1984, ch 216, § 4.
S.D. Codified Laws § 49-16B-6 — SD Code / Title 49 / Chapter 16B / Section 49-16B-6
Oath and bond of members
Status: in_force

Each member shall, before entering upon the duties of office, take and subscribe the constitutional oath of office and give bond in the penal sum of twenty-five thousand dollars conditioned upon the faithful performance of the member's duties. The oath and bond shall be filed in the Office of the Secretary of State.

Source: SL 1980, ch 323, § 6; SL 2010, ch 145, § 189.
S.D. Codified Laws § 49-28-69 — SD Code / Title 49 / Chapter 28 / Section 49-28-69
Compliance with the Unified Carrier Registration Act
Status: in_force

Notwithstanding any provisions of this chapter, the department may participate in and comply with the Unified Carrier Registration Act of 2005.

Source: SL 2006, ch 234, § 23.
S.D. Codified Laws § 49-37-4.3 — SD Code / Title 49 / Chapter 37 / Section 49-37-4.3
Cooperation in generation and transmission facilities--Permissible terms of contract
Status: in_force

Any consumers power district may contract in cooperation with others in an electric generation and transmission facility. Such contract may provide that the parties to the contract may be exempted from responsibilities of their respective negligence to the other party or parties with respect to the construction, operation, maintenance and management of an electric generation and transmission facility. Such contract may further provide for nonpartitionment and that the contract may be governed by the laws of the state in which such electric generation and transmission facilities are located.

Source: SL 1978, ch 348.
S.D. Codified Laws § 49-33-26 — SD Code / Title 49 / Chapter 33 / Section 49-33-26
Increasing or decreasing preferred stock--Resolution of directors
Status: in_force

Unless otherwise provided in any resolution or resolutions pursuant to § 49-33-24 the number of shares of stock of any series set forth in such resolution or resolutions may be increased or decreased (but not below the number of shares thereof then outstanding) by a certificate made and filed as provided by § 49-33-25 setting forth a statement that a specified increase or decrease therein has been authorized and directed by resolution or resolutions likewise adopted by the board of directors; and in case the number of such shares shall be so decreased the number of shares so specified in said certificate shall resume the status which they had prior to the adoption of the first resolution or resolutions.

Source: SDC 1939, § 52.1518 as enacted by SL 1949, ch 211.
S.D. Codified Laws § 49-31-7.3 — SD Code / Title 49 / Chapter 31 / Section 49-31-7.3
Court order to testify or produce records--Violation as contempt
Status: in_force

Upon certificate by any member of the commission stating that a telecommunications company or person subject to the provisions of this chapter has refused to obey a subpoena, rule, order or regulation of the commission, any court of this state, pursuant to chapter 21-34 , shall issue an order requiring such telecommunications company or other person to appear before the commission and produce all books and papers, give evidence in relation to the matter in question or otherwise comply with the rule or order of the commission. A failure to obey the order of the court shall be punished by the court as contempt.

Source: SDC 1939, § 52.0203; SDCL, § 49-3-14; SL 1987, ch 345, § 51; SL 1992, ch 328, § 16.
S.D. Codified Laws § 49-34A-50 — SD Code / Title 49 / Chapter 34A / Section 49-34A-50
Purchase price for electric facilities in area annexed by municipality
Status: in_force

If a municipality described by § 49-34A-49 elects to purchase, the municipality shall, within one year following annexation, offer to purchase the electric distribution properties of the utility located within the annexed area, together with all of the utility's rights to serve within such area, for a cash consideration which shall consist of the present-day reproduction cost, new, of the facilities being acquired, less depreciation computed on a straight-line basis; plus an amount equal to the cost on a nonbetterment basis of constructing any necessary facilities to reintegrate the system of the utility outside the annexed area after detaching the portion to be sold; plus as compensation for service rights, an annual amount equal to the sum of twenty-five percent of the gross revenues received from power sales to consumers of electric power within the annexed area. The obligation of the annexing municipality to compensate the utility for service rights shall continue for eleven years from the date of the offer to purchase by the annexing municipality. During the eleven-year period, compensation for service rights to any one customer location within the annexed area shall be paid by the annexing municipality for a period of seven years or until the expiration of the eleven-year period, whichever is less. Gross revenues received shall be determined by applying the rate in effect by the municipality at the time of purchase.

Source: SL 1975, ch 283, § 42 (2); SL 1992, ch 330, § 1; SL 2009, ch 239, § 1.
S.D. Codified Laws § 49-43-22 — SD Code / Title 49 / Chapter 43 / Section 49-43-22
Duty to redeliver grain
Status: in_force

Upon the return of any storage receipt by a receipt holder, a scale ticket for open storage grain, or a scale ticket for grain in a grain bank account, to the public grain warehouse issuing the receipt or scale ticket, and the tender of all proper charges on the grain represented by the receipt or scale ticket, the grain or an equal quantity of the same grade, kind and quality shall immediately be delivered to the holder of the receipt or scale ticket as rapidly as due diligence, care, and prudence justify.

Source: SDC 1939, § 60.0319; SL 1985, ch 376, § 42; SL 2008, ch 249, § 20.
S.D. Codified Laws § 49-34B-15 — SD Code / Title 49 / Chapter 34B / Section 49-34B-15
Commission inspectors as federal agents--Duty
Status: in_force

The commission may seek and accept federal designation of the commission's pipeline inspectors as federal agents for the purposes of inspection pursuant to 49 U.S.C. §§ 60101 to 60143, inclusive (January 1, 2026), and federal rules adopted to implement those statutes. If the Department of Transportation delegates inspection authority to the state as provided in this section, the commission must carry out its delegated federal authority.

Source: SL 1994, ch 357, § 14; SL 1995, ch 264, § 6; SL 1997, ch 268, § 6; SL 1999, ch 230, § 6; SL 2001, ch 258, § 6; SL 2003, ch 240, § 6; SL 2005, ch 247, § 6; SL 2007, ch 273, § 9; SL 2009, ch 242, § 7; SL 2010, ch 225, § 7; SL 2011, ch 210, § 7; SL 2012, ch 231, § 8; SL 2016, ch 226, § 7; SL 2019, ch 199, § 7; SL 2021, ch 201, § 5; SL 2023, ch 158, § 6; SL 2026, ch 186, § 6.
S.D. Codified Laws § 49-31-12.6 — SD Code / Title 49 / Chapter 31 / Section 49-31-12.6
Deposits into regulatory assessment fee fund
Status: in_force

The Public Utilities Commission may require a telecommunications company as defined in § 49-31-1 to make a deposit when it files for approval of a general change in rates or prices for any noncompetitive or emerging competitive telecommunications service. The commission may require a telecommunications company to deposit up to one hundred thousand dollars in the South Dakota Public Utilities Commission Regulatory Assessment Fee fund, the amount to be designated by commission order.

Source: SL 1994, ch 352, § 5A; SL 2021, ch 200, § 7.
S.D. Codified Laws § 49-35-7 — SD Code / Title 49 / Chapter 35 / Section 49-35-7
Contents of petition
Status: in_force

The petition for the organization of a consumers power district shall be addressed to the secretary of state and shall state in substance that it is the intent and purpose of the petitioners to create such a district under the provisions of this chapter subject to approval by the registered voters of the proposed district. The petition shall be circulated by an elector or electors of the proposed district and shall state and contain:

(1) The name of the proposed district, which name shall contain the words, consumers power district;

(2) A description of or map or diagram of the proposed district. The name of any municipality shall be a sufficient description of the boundaries thereof;

(3) A general description of the nature of the business which the proposed district intends to engage in, and the location and method of operation of any proposed power plants, systems and facilities stated in general terms only;

(4) The location of the principal place of business of the proposed district;

(5) A statement that the proposed district does not have the power to levy taxes nor to issue general obligation bonds;

(6) A statement that none of the individual members or patrons of the district or any of their property shall ever be liable in any manner for any obligation of the district;

(7) A statement that the district shall always operate on public service, nonprofit principles for the general purposes of providing equality of distribution of electric energy to all the people and areas entitled to its benefits at the lowest obtainable cost so far as practicable under the provisions of this chapter. Plant extension, improvements, maintenance, or operation reserves are not considered as profit;

(8) The names and addresses of the members of the board of directors of the district (not less than five nor more than twenty - one unless the district comprises or proposes to operate in more than fifty counties in the state, in which case the number may not be less than seven), who shall serve until their successors are elected and qualified. In the petition the directors named shall be divided as nearly as possible into three equal groups, the members of the first group to hold office until their successors elected at the first general state election thereafter have qualified, the members of the second group to hold office until their successors elected at the second general state election thereafter have qualified, and the members of the third group to hold office until their successors elected at the third general state election thereafter shall have qualified. The group to which each proposed director belongs shall be designated in the petition;

(9) If the proposed district is a municipality, a statement that the entire municipality is included within the proposed district.

Source: SL 1950 (SS), ch 17, § 7; SDC Supp 1960, § 52.1707; SL 1998, ch 276, § 1.
S.D. Codified Laws § 49-39-6.2 — SD Code / Title 49 / Chapter 39 / Section 49-39-6.2
Enhancement of security for variable rate obligations--Credit agreements--Payment of costs
Status: in_force

The board of directors of the district may enter into credit agreements in conjunction with the issuance, payment, sale, resale, or exchange of obligations to enhance the security for or provide for the payment, redemption, or remarketing of the variable rate obligations and interest on the obligations or to reduce the interest payable on the obligations. The cost to the issuer of the credit agreement may be paid from the proceeds of the sale of the obligations to which the credit agreement relates or from any other source, including revenues of the district that are available for the purpose of paying the obligations and the interest on the obligations or that may otherwise be legally available to make those payments.

Source: SL 1989, ch 403, § 29.
S.D. Codified Laws § 49-16A-27 — SD Code / Title 49 / Chapter 16A / Section 49-16A-27
Gratuitous shipment by railroad without reward--Duties
Status: in_force

A railroad without reward is subject to the same rules as gratuitous employees unless otherwise provided by statute. A railroad must complete any undertaking it has commenced the same as if it had received reward, unless it restores the freight carried to as favorable a position as before carriage was commenced.

Source: SL 1980, ch 322, § 27.
S.D. Codified Laws § 49-38-3 — SD Code / Title 49 / Chapter 38 / Section 49-38-3
Contents of audit
Status: in_force

In each consumers power district, the auditor - general shall require audits pursuant to § 49-38-2 to set forth:

(1) The gross income from all sources of the district for the year previous;

(2) The gross amount of electrical energy supplied by said district;

(3) The amount expended during the previous year for maintenance;

(4) The amount expended during the previous year for plant investments;

(5) The amount of depreciation of the plant during the previous year;

(6) The cost of supplying electrical energy, including production cost, transmission cost and distribution cost;

(7) The number of employees as of December thirty - first of each year;

(8) The salaries paid; and

(9) All other facts necessary to give an accurate and comprehensive view of the cost of maintaining and operating the district.

Source: SL 1950 (SS), ch 17, § 34; SDC Supp 1960, § 52.1734.
S.D. Codified Laws § 49-16B-17 — SD Code / Title 49 / Chapter 16B / Section 49-16B-17
Leases to contain option to purchase--Purchase price
Status: in_force

The lease shall provide that the lessee may, at the expiration of the original or any extended term, purchase the leased premises at a stated price, which shall be the balance of the total cost of the project financed not amortized by the payments of rents previously made by the lessee. The lease shall provide that in the event of the exercise of the option to purchase the leased premises or in the event the lease has been extended for the full number of years which it is agreed the same may be extended, and all rents and payments provided for in the lease have been made, the lessor shall convey the premises to the lessee.

Source: SL 1980, ch 323, § 17.
S.D. Codified Laws § 49-16C-6 — SD Code / Title 49 / Chapter 16C / Section 49-16C-6
Expenditure to join other states in preserving certain railroad
Status: in_force

The South Dakota State Railroad Board may, upon approval of the Governor, expend from the railroad trust fund an amount not to exceed one million dollars to join with other states to preserve the railroad line extending from Jonathan, Minnesota, in a westerly direction through South Dakota to Miles City, Montana.

Source: SL 1981, ch 100, § 10.
S.D. Codified Laws § 49-31-98 — SD Code / Title 49 / Chapter 31 / Section 49-31-98
Agencies to establish cost recovery mechanism for certain mandated services--Exemption
Status: in_force

Any decision or order by any agency which requires the provision of telecommunications services, in excess of voice grade local exchange service, shall establish a cost recovery method or mechanism to ensure that the telecommunications company will be able to recover the cost of the investment or expense in a period not to exceed ten years, from the services that result from such mandate. These costs may be recovered either regionally or statewide at the discretion of the agency. This section does not affect any decision or order made by any agency to comply with 47 U.S.C. § 251 as of January 1, 1999.

Source: SL 1999, ch 225, § 1.
S.D. Codified Laws § 49-43-5.1 — SD Code / Title 49 / Chapter 43 / Section 49-43-5.1
Application for license--Contents--Multiple warehouses of licensee
Status: in_force

The application for a license to operate as a public grain warehouse made pursuant to § 49-43-4.2 shall be in writing, in a form prescribed by the commission, and shall set forth the name, principal office or place of business, location of each warehouse if more than one warehouse is operated in separate municipalities or locations, and the individual name of each owner or principal in the management of the warehouse. If the warehouse is owned or managed by a corporation, the name of the president, secretary, and treasurer of the corporation shall be stated. The application shall also state that the applicant is seeking a public grain warehouse license and shall contain financial information depicting the financial condition of the business at the time of the application. The application shall contain the affirmation statement set forth in § 22-29-9.1 . The application shall be signed by the owner, managing partner, or chief executive officer of the applicant and shall be notarized.

If a warehouseman has more than one public grain warehouse in the same municipality, only one license is required for all the public grain warehouses.

Source: SL 1985, ch 376, § 18; SL 1992, ch 60, § 2; SL 1994, ch 359, § 3; SL 2013, ch 238, § 1, eff. Apr. 1, 2013; SL 2017, ch 200, § 1.
S.D. Codified Laws § 49-31-12 — SD Code / Title 49 / Chapter 31 / Section 49-31-12
Commission to make rate or price schedule--Different rates or prices for different companies or services--Revision of rates--Notice to companies
Status: in_force

The commission shall make for each of the telecommunications companies doing business in this state a schedule of reasonable fares and rates or prices except for those telecommunications services which are fully competitive. The commission may determine and approve different rates or prices for different companies and for different services of any company. The commission shall:

(1) Change and revise such rates or prices as circumstances require;

(2) Serve upon each company at least ten days' notice of the time and place rates or prices will be determined, and provide an opportunity for any person, partnership, limited liability company, corporation, or company to be heard; and

(3) Give notice to the company of the rates or prices decided upon and the effective date of such rates or prices, and provide a printed copy of such rates or prices to the general public upon request.

Source: SDC 1939, §§ 52.0216, 52.1315; SDCL, §§ 49-10-1 to 49-10-3; SL 1979, ch 307, §§ 55, 56; SL 1987, ch 345, § 55; SL 1988, ch 375, § 16; SL 1994, ch 351, § 135.
S.D. Codified Laws § 49-31-1.3 — SD Code / Title 49 / Chapter 31 / Section 49-31-1.3
"Fully competitive service" defined
Status: in_force

For the purposes of this chapter, "fully competitive service" is a service that satisfies the criteria of § 49-31-3.2 and which has alternative services available to over fifty percent of the company's customers for that service or which is of limited scope or so discretionary in nature that regulation is not warranted. Such services include:

(1) Cellular radio services;

(2) Centron and centron - like services;

(3) Billing and collections;

(4) Optional services;

(5) Private line and special access; and

(6) Premise cable and inside wire.

Source: SL 1988, ch 375, § 4.
S.D. Codified Laws § 49-16A-111 — SD Code / Title 49 / Chapter 16A / Section 49-16A-111
Legislation relating to restraint of domestic animals or fences--Applicability to tracks
Status: in_force

No law of this state or resolution or ordinance of any county, township, or municipality relating to the restraint of domestic animals or to the fences of farmers or landowners, is applicable to railway tracks unless specifically so stated in such laws, resolutions, or ordinances.

Source: SL 1980, ch 322, § 110.
S.D. Codified Laws § 49-16B-27 — SD Code / Title 49 / Chapter 16B / Section 49-16B-27
Bonds--Execution and registration--Officers' signatures
Status: in_force

Bonds shall be executed by officers of the authority as shall be designated by the authority, and shall be registered by the state auditor of the State of South Dakota. Any bonds bearing the signature of officers in office at the date of signing thereof shall be valid and binding for all purposes, notwithstanding that before delivery thereof any or all persons whose signature appears thereon shall have ceased to be officers.

Source: SL 1980, ch 323, § 26.
S.D. Codified Laws § 49-16B-24 — SD Code / Title 49 / Chapter 16B / Section 49-16B-24
Borrowing money and issuing bonds authorized--Refunding and refinancing--Pledge of income and revenues
Status: in_force

To accomplish projects of the kind listed in § 49-16B-10 , the authority may borrow money and issue and sell bonds in such amount or amounts as the authority may determine for the purpose of acquiring, improving or equipping any such facility; refund and refinance the same from time to time as often as advantageous and in the public interest to do so; and pledge any and all income of such authority, and any revenues derived by the authority from such facilities, or any combination thereof, to secure the payment of such bonds and redeem such bonds. All such bonds shall be subject to the provisions of §§ 49-16B-25 to 49-16B-30 , inclusive.

Source: SL 1980, ch 323, § 23.
S.D. Codified Laws § 49-49-6 — SD Code / Title 49 / Chapter 49 / Section 49-49-6
Limitations of liability and damages for qualified utilities--Applicability
Status: in_force

A standard of strict liability may not be applied to a qualified utility in any cause of action alleging that the qualified utility caused wildfire-related damages. A qualified utility's facilities and activities may not be considered ultra-hazardous or abnormally dangerous.

A plaintiff's sole remedy against a qualified utility for damages and losses resulting from a wildfire is in this chapter.

Except as otherwise provided in this section, there is a rebuttable presumption in any civil action that a valid and current wildfire mitigation plan is a reasonable and prudent preparation for, and mitigation of, wildfire risk. A plaintiff may recover damages, as a result of a wildfire from a qualified utility with a valid and current wildfire mitigation plan only if the plaintiff proves one or both of the following by a preponderance of the evidence:

(1) The qualified utility failed to substantially comply with an essential element of a valid and current wildfire mitigation plan, and that failure was the actual and proximate cause of the damages to the plaintiff. For purposes of this subdivision, a qualified utility is deemed to have substantially complied with its wildfire mitigation plan if the qualified utility attempted to comply with the plan but was denied or delayed access to a right-of-way after the qualified utility requested access to the right-of-way to perform vegetation management or fire mitigation work in accordance with the plan; or

(2) The qualified utility acted with malice or criminal intent, and the qualified utility's malicious action or criminal intent was the actual and proximate cause of the damages to the plaintiff.

A civil action filed against a qualified utility for damages caused by wildfire may only be brought within four years after the date of the initial ignition of the wildfire.

A plaintiff in a civil action filed against a qualified utility for damages caused by wildfire may recover economic losses and property damages but only under the conditions of this chapter. The plaintiff may not recover noneconomic losses unless the plaintiff suffered death, visible bodily injury, smoke inhalation, or a medically verifiable bodily injury from a wildfire.

The plaintiff may not recover punitive damages unless it is proven by clear and convincing evidence that the qualified utility engaged in willful and wanton misconduct and the qualified utility's willful and wanton misconduct was the actual and proximate cause of damages to the plaintiff.

The amount of damages recoverable for damage to real property, or buildings and fixtures to real property, is the lesser of the cost to restore the property to the property's pre-wildfire condition or the difference between the fair market value of the property immediately before the wildfire and the fair market value of the property after the wildfire.

For personal property of all kinds, including livestock and growing crops, the measure of damages is either the full market value, if the personal property has been destroyed, or the reasonable expense of necessary repairs or treatment, plus loss of use, if the personal property has been damaged or injured .

Nothing in this section may be construed to limit any defenses that a qualified utility may be entitled to raise in a civil action for damages caused by wildfire.

The provisions of this section only apply to a qualified utility with a valid and current wildfire mitigation plan as of the date of the initial ignition of the wildfire for which damages are sought.

Source: SL 2026, ch 189, § 6.
S.D. Codified Laws § 49-16A-44 — SD Code / Title 49 / Chapter 16A / Section 49-16A-44
Report annually to department--Special reports and specific questions
Status: in_force

In addition to any reports required to be filed with the secretary of state under Title 47, each railroad doing business in this state shall file its annual report, including the state supplement thereto and an inventory of all capital expenditures for state improvement projects, with the Department of Transportation. The department may, as it deems just and necessary for its information, require a railroad to file, within reasonable specified time limitations, special reports and answers to specific questions related to the planning and structuring of railroads operating within this state.

Source: SL 1980, ch 322, § 43.
S.D. Codified Laws § 49-30-22 — SD Code / Title 49 / Chapter 30 / Section 49-30-22
Increasing capital stock--Two-thirds vote required--Notice of meeting--Effective date of increase
Status: in_force

The capital stock of any corporation organized under this chapter may be increased to such amount as may by its stockholders be deemed necessary for the construction or operation of its lines of telegraph or telephone, by a vote of the owners of at least two - thirds of all its stock, in person or by proxy, at any annual meeting, or at any meeting called by its directors for that purpose by a notice in writing to each stockholder, 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, if known, nearest his usual place of residence, at least twenty days prior to such meeting. Such notice shall state the time and place of such meeting, its object, and the amount to which it is proposed to increase such capital stock. No vote in favor of such increase shall take effect until the proceedings of such meeting, showing the names of the stockholders voting therefor and the amount of stock owned by each, shall be entered upon the records of such corporation.

Source: SDC 1939, § 52.1309.
S.D. Codified Laws § 49-7-21 — SD Code / Title 49 / Chapter 7 / Section 49-7-21
Subdivision of school and public lands--Pipeline right-of-way reserved
Status: reserved

The commissioner of school and public lands shall note on the maps in his office each legal subdivision of school and other public lands crossed by any pipeline and its location. In the disposition of such lands the commissioner shall reserve the right - of - way for the use of the pipeline by appropriate description.

Source: SL 1980, ch 321, § 11.
S.D. Codified Laws § 49-34-13 — SD Code / Title 49 / Chapter 34 / Section 49-34-13
False meter readings as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any person employed to read meters who knowingly reports to his employer that a consumer of gas, water, electricity, heat, refrigeration or air has used a greater quantity of gas, water, electricity, heat, refrigeration or air than the amount actually used by the consumer.

Source: SDC 1939, § 13.1814; SL 1983, ch 15, § 135.
S.D. Codified Laws § 49-34A-23 — SD Code / Title 49 / Chapter 34A / Section 49-34A-23
Action by commission for refund of excess charges pending determination on increase--Costs recovered--Limitation of actions
Status: in_force

If, after a suspended schedule has been put into effect pursuant to § 49-34A-17 , the rates are finally determined to be excessive but the public utility fails to make refunds within the period of time prescribed by the Public Utilities Commission, the commission shall sue therefor and is authorized to recover on behalf of all persons entitled to a refund. In addition to the amount of the refund and interest due, the commission shall be entitled to recover reasonable attorney's fees, court costs and estimated cost of administering the distribution of the refund to persons entitled thereto. No suit under this section shall be maintained unless instituted within two years after the end of the period of time prescribed by the commission for repayment of refunds.

Source: SL 1975, ch 283, § 9; SL 1976, ch 296, § 21.
S.D. Codified Laws § 49-34A-99 — SD Code / Title 49 / Chapter 34A / Section 49-34A-99
Annual rate adjustment filings for certain electric service tariffs
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-98 . In the utility's filing, the public utility shall provide:

(1) A description of and context for the costs and expenses of environmental improvements included for recovery;

(2) A schedule for implementation of applicable projects;

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

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

(5) Calculations to establish that the rate adjustment is consistent with the terms of the tariff established in § 49-34A-98 ; and

(6) Other information requested by the commission.

Source: SL 2007, ch 272, § 3.
S.D. Codified Laws § 49-28-41 — SD Code / Title 49 / Chapter 28 / Section 49-28-41
Cooperation with FMCSA--Department as party in proceedings before FMCSA
Status: in_force

The department shall cooperate with the FMCSA, in the administration of motor carrier laws. The department may appear before the FMCSA, the secretary, or the board as a party litigant in all proceedings involving the regulation and control of motor carriers in interstate commerce if, in its opinion, the public interest of the state justifies such participation.

Source: SDC 1939, § 44.0403; SL 1985, ch 374, § 35; SL 1999, ch 223, § 9; SL 2006, ch 234, § 10.
S.D. Codified Laws § 49-39-5 — SD Code / Title 49 / Chapter 39 / Section 49-39-5
Payment of pledged revenues into special fund--Use of revenues--Designation of depository
Status: in_force

Any resolution or agreement pursuant to § 49-39-2 may provide that all or any part of the revenues of the district shall be paid into a special fund, and may set forth all the terms and conditions on which such special fund is to be collected, held and disposed of, whether partly or wholly for the benefit of the holders of such revenue debentures, notes, warrants, or other evidences of indebtedness. Provision may be made that such special fund shall be held by depositories designated or described in such resolution or agreement.

Source: SL 1950 (SS), ch 17, § 49; SDC Supp 1960, § 52.1749.
S.D. Codified Laws § 49-30-17 — SD Code / Title 49 / Chapter 30 / Section 49-30-17
Notice to stockholders--Notice by mail
Status: in_force

In all cases, written notice of any meeting of stockholders held for the purpose described in § 49-30-16 shall be transmitted by mail by the secretary or manager to all stockholders or members at their last known post office addresses as shown by the books of the company or association at least ten days prior to the date fixed for such meeting. In case it is known that their current post office address is different from that shown by such books, such notice shall be sent to them at such last known address.

Source: SDC 1939, § 52.1305 as added by SL 1943, ch 178; SL 1955, ch 227, § 1.
S.D. Codified Laws § 49-34A-8.2 — SD Code / Title 49 / Chapter 34A / Section 49-34A-8.2
Incentive rates for improved performance and efficiency
Status: in_force

In addition to any other rate authorized by this chapter, the commission may approve incentive rates to encourage improvement in the performance and efficiency of public utilities. The rates shall be in the form of preapproved rate models made applicable as levels of performance are attained by the utility. If approved, no such incentive rate constitutes a violation of § 49-34A-3 or a change in rates pursuant to § 49-34A-12 . The provisions of this section apply to any incentive rate tariff approved by the commission in existence on July 1, 1996.

Source: SL 1996, ch 274.
S.D. Codified Laws § 49-13-14.1 — SD Code / Title 49 / Chapter 13 / Section 49-13-14.1
Violations by telecommunications company or motor carrier--Civil liability--Double liability upon suit--Attorney's fees
Status: in_force

If any telecommunications company or motor carrier subject to the provisions of this chapter does, causes or permits any act or thing prohibited in chapters 49-7 to 49-11 , inclusive, and §§ 49-31-7 and 49-31-7.1 or omits to do any act or thing required to be done, such telecommunications company or motor carrier is liable to the person injured thereby for the amount of damages sustained in consequence of any such violation, if recovered without suit; or if recovered by suit, such telecommunications company or motor carrier is liable to the person injured thereby for not to exceed twice the amount of damages sustained in consequence of any such violation complained of, together with costs of suit and a reasonable attorney fee, to be fixed by the court in which the suit is heard on appear or otherwise, which shall be taxed and collected as part of the costs in the case.

Source: SDC 1939, § 52.0214; SDCL, § 49-3-21; SL 1987, ch 345, § 27.
S.D. Codified Laws § 49-16A-100.6 — SD Code / Title 49 / Chapter 16A / Section 49-16A-100.6
Certificate of insurance or coverage for utilities crossing railroad right-of-way
Status: in_force

The certificate of insurance or coverage submitted by a municipality shall include commercial general liability insurance or equivalent form with a limit of not less than one million dollars for each occurrence and an aggregate of not less than two million dollars. The certificate of insurance submitted by any other utility other than a gas or hazardous materials pipeline utility shall include commercial general liability insurance with a combined single limit of a minimum of two million dollars for each occurrence and an aggregate limit of at least four million dollars. The certificate of insurance submitted by a gas or hazardous materials pipeline utility shall include commercial general liability insurance with a combined single limit of a minimum of five million dollars for each occurrence and an aggregate limit of at least ten million dollars. The railroad may require protective liability insurance with a combined single limit of two million dollars for each occurrence and four million dollars aggregate. The coverage may be provided by a blanket railroad protective liability insurance policy if the coverage, including the coverage limits, applies separately to each individual crossing. The coverage shall be required only during the period of construction, repair, or replacement of the facility.

Source: SL 2014, ch 217, § 4; SL 2016, ch 223, § 5.
S.D. Codified Laws § 49-16B-47 — SD Code / Title 49 / Chapter 16B / Section 49-16B-47
Bylaws, rules and regulations of authority
Status: in_force

To accomplish projects of the kind listed in § 49-16B-10 , the authority may adopt all necessary bylaws, rules, and regulations for the conduct of the business and affairs of the authority, and for the management and use of facilities and sites acquired under the powers granted by this chapter.

Source: SL 1980, ch 323, § 42.
S.D. Codified Laws § 49-2-1 — SD Code / Title 49 / Chapter 2 / Section 49-2-1
Contract of carriage of messages
Status: in_force

The contract of carriage is one for the conveyance of messages from one place to another.

Source: SDC 1939, § 8.0101; SL 1979, ch 307, § 12.
S.D. Codified Laws § 49-41B-2.1 — SD Code / Title 49 / Chapter 41B / Section 49-41B-2.1
Transmission facility defined
Status: in_force

For the purposes of this chapter, a transmission facility is:

(1) An electric transmission line and associated facilities with a design of more than one hundred fifteen kilovolts. However, if the transmission line is less than two thousand six hundred forty feet, does not cross any public highway, and eminent domain is not used to obtain right of way, the transmission line is not a transmission facility for purposes of this chapter; or

(2) A gas or liquid transmission line and associated facilities designed for or capable of transporting coal, gas, hydrogen, liquid hydrocarbons, liquid hydrocarbon products, or carbon dioxide, excluding any gas or liquid transmission lines or associated facilities which meet any of the following criteria:

(a) Lines or facilities that are used exclusively for distribution or gathering;

(b) Steel pipe and associated facilities that cannot be operated at a hoop stress of twenty percent or more of specified minimum yield strength as defined by 49 C.F.R. § 192.3 (January 1, 2024) or plastic pipe and associated facilities that cannot be operated at a design pressure of fifty percent or more as determined by the formula specified in 49 C.F.R. § 192.121 (January 1, 2024); or

(c) Pipe which has nominal diameter of less than four inches and not more than one mile of the entire line is constructed outside of public right-of-way.

Nothing in this section precludes a utility from applying to the commission for a permit for the construction of an electric transmission line and associated facilities with a design of one hundred fifteen kilovolts or less. The transmission line and associated facilities is a transmission facility for the purposes of this chapter.

Source: SL 1994, ch 358, § 1; SL 2007, ch 274, § 1; SL 2009, ch 243, § 2; SL 2009, ch 244, § 1; SL 2010, ch 226, § 2; SL 2013, ch 237, § 2; SL 2017, ch 199, § 1; SL 2024, ch 190, § 1.
S.D. Codified Laws § 49-17A-22 — SD Code / Title 49 / Chapter 17A / Section 49-17A-22
Maximum tax levy--County levy not applied in subdivision making levy
Status: in_force

In subdivisions which are parties to an agreement creating a regional railroad authority, a levy, in addition to all other levies authorized by law, not to exceed two dollars and forty cents per thousand dollars of taxable valuation of property in such subdivisions, may be made for such purposes. A county levy may not apply to any other subdivision making such levy hereunder.

Source: SL 1978, ch 344, § 20; SL 1989, ch 87, § 15F.
S.D. Codified Laws § 49-34A-3 — SD Code / Title 49 / Chapter 34A / Section 49-34A-3
Unreasonable preferences and prejudices prohibited--Violation as petty offense--Separate offenses
Status: in_force

No public utility may, as to rates or service, make or grant an unreasonable preference or advantage to any person or subject any person to any unreasonable prejudice or disadvantage. An intentional violation of this section is a petty offense. After the first judgment, each day's violation is a separate offense.

Source: SL 1970, ch 261, §§ 31, 32; SDCL Supp, § 49-41-9.1; SL 1975, ch 283, § 5; SL 1983, ch 15, § 140.
S.D. Codified Laws § 49-35-3 — SD Code / Title 49 / Chapter 35 / Section 49-35-3
District as public corporation and political subdivision--Capacity to sue and be sued--General powers
Status: in_force

A district may be created as provided in this chapter, and when so created, shall be a public corporation and political subdivision of this state, and may sue or be sued in its corporate name, and have all other powers in chapters 49-35 to 49-40 , inclusive, or hereafter prescribed by law and those incidental or necessary thereto.

Source: SL 1950 (SS), ch 17, § 4; SDC Supp 1960, § 52.1704.
S.D. Codified Laws § 49-34A-106 — SD Code / Title 49 / Chapter 34A / Section 49-34A-106
Purchase and retirement of renewable energy and recycled energy credits
Status: in_force

A portion or all of the renewable energy and recycled energy objective may be met by the purchase and retirement of renewable energy and recycled energy certificates representing credits from a qualified source and facility pursuant to §§ 49-34A-101 to 49-34A-106 , inclusive. Renewable energy and recycled energy certificates do not need to be acquired from an in-state facility.

Source: SL 2008, ch 244, § 6.
S.D. Codified Laws § 49-31-114 — SD Code / Title 49 / Chapter 31 / Section 49-31-114
Complaint procedure--Provisional remedies
Status: in_force

Any telecommunications carrier damaged by noncompliance with the provisions of §§ 49-31-109 to 49-31-115 , inclusive, may file a complaint with the commission pursuant to the provisions of chapter 49-13 . If a complaint is filed seeking enforcement of any of the provisions in §§ 49-31-109 to 49-31-115 , inclusive, the commission is authorized to order interim payments to the damaged party or other appropriate relief pending the final resolution of the complaint proceeding.

Source: SL 2004, ch 284, § 6.
S.D. Codified Laws § 49-28-70 — SD Code / Title 49 / Chapter 28 / Section 49-28-70
Definitions relating to motor carrier transportation contracts
Status: in_force

Terms used in this section and § 49-28-71 mean:

(1) "Affiliate," any employee or agent of a promisee, or any independent contractor who is directly responsible to a promisee other than a motor carrier that is a party to a motor carrier transportation contract with the promisee or an employee or agent of such motor carrier or an independent contractor directly responsible to such motor carrier;

(2) "Motor carrier transportation contract," a contract or agreement between a motor carrier and a promisee covering the transportation of property for hire by the motor carrier; the motor carrier's entrance on property for the purpose of loading, unloading, or transporting property for hire; or any service of the motor carrier that is incidental to these activities, including the storage of property;

(3) "Promisee," any person who enters into a motor carrier transportation contract with a motor carrier.

Source: SL 2012, ch 228, § 1.
S.D. Codified Laws § 49-41B-3 — SD Code / Title 49 / Chapter 41B / Section 49-41B-3
Ten-year plan required of utility planning to own or operate energy conversion facilities--Updating of plan--Contents
Status: in_force

Every utility which owns or operates or plans within the next ten years to own or operate energy conversion facilities shall develop and submit a ten - year plan to the Public Utilities Commission. The plan shall be updated every second year after its submission. The plan shall contain the following:

(1) A description of the general location, size, and type of energy conversion facilities or transmission facilities of two hundred fifty kilovolts or more to be owned or operated by the utility during the ensuing ten years, as well as those facilities to be removed from service during the planning period;

(2) A description of the efforts by the utility to coordinate the plan with other utilities so as to provide a coordinated regional plan for meeting the utility needs of the region;

(3) A statement of the projected demand for the service rendered by the utility for the ensuing ten years and the underlying assumptions for the projection, with such information being as geographically specific as possible and a description of the manner and extent to which the utility will meet the projected demand; and

(4) Any other relevant information as may be requested by the commission.

Source: SL 1977, ch 390, § 23.
S.D. Codified Laws § 49-31-12.8 — SD Code / Title 49 / Chapter 31 / Section 49-31-12.8
Availability of telecommunications services information--Notification of adverse change in rates, terms, or conditions
Status: in_force

A telecommunications company shall make available to any person, in at least one location, during regular business hours, information concerning its current rates, terms, and conditions for all of its telecommunications services. The information shall be made available in an easy to understand format and in a timely manner. Following an inquiry or complaint from a person concerning a rate, term, or condition for a telecommunications service, a telecommunications company shall specify that such information is available and the manner in which the person may obtain the information. A telecommunications company shall notify a customer of any materially adverse change to any rate, term, or condition of any telecommunications service being provided to the customer. The notification shall be made at least thirty days in advance of the change.

Source: SL 2007, ch 267, § 2.
S.D. Codified Laws § 49-17A-4 — SD Code / Title 49 / Chapter 17A / Section 49-17A-4
Filing of agreement and resolutions--Certificate of incorporation--Beginning of corporate existence
Status: in_force

The agreement and a certified copy of the resolution of each subdivision shall be filed with the secretary of state. If the agreement conforms to the requirements of this chapter the secretary of state shall file it and issue a certificate of incorporation, which shall state the name of the authority and the date of incorporation. The existence of the authority as a political subdivision of this state shall begin upon the issuance of the certificate of incorporation. The certificate of incorporation shall be conclusive evidence of the existence of the authority.

Source: SL 1978, ch 344, § 4.
S.D. Codified Laws § 49-46-4 — SD Code / Title 49 / Chapter 46 / Section 49-46-4
Civil fine for violation by utility--Enforcement action--Venue
Status: in_force

Any covered utility that violates any mandatory provision of the state plan promulgated under this chapter is subject to a civil fine not to exceed five hundred dollars per day for each day that the covered utility is in violation. Upon the request of the office, the attorney general shall bring action to enforce the provisions of the state plan. The venue for such action is Hughes County.

Source: SL 1981, ch 345, § 4.
S.D. Codified Laws § 49-32A-3 — SD Code / Title 49 / Chapter 32A / Section 49-32A-3
Areas includable in translator districts
Status: in_force

Any area of the state may organize as a translator district for the performance of functions provided for in this chapter. A translator district may include a part or all of any county or may include areas in more than one county and may include any municipality located within the county or counties.

Source: SL 1976, ch 76, § 3.
S.D. Codified Laws § 49-16A-29 — SD Code / Title 49 / Chapter 16A / Section 49-16A-29
Delivery at nearest station absent usage to contrary
Status: in_force

If there is no usage to the contrary at the place of delivery, freight carried on a railroad may be delivered at the station nearest the place to which it is addressed.

Source: SDC 1939, § 8.0306 (1); SDCL, § 49-5-5; SL 1980, ch 322, § 29.
S.D. Codified Laws § 49-34-8 — SD Code / Title 49 / Chapter 34 / Section 49-34-8
Extension of foreign facilities through state--Local taxation and regulation
Status: in_force

Any street railway, gas, electric light, or power company incorporated or existing under the laws of the United States, or any state or territory of the United States, may construct, extend, maintain, and operate its tracks, power powerhouses, or lines, or any portion or branch thereof, into and through this state, and any such corporation shall possess, and may exercise and enjoy all the rights, powers, privileges, and franchises possessed by such corporations organized under the laws of this state; all such corporations shall be subject to taxation, and regulation and control by the laws of this state, in all respects the same as corporations organized under the laws of this state; provided that such corporations shall first comply with all provisions of the laws of this state relating to foreign corporations doing business herein.

Source: SDC 1939, § 52.1517.
S.D. Codified Laws § 49-7-11 — SD Code / Title 49 / Chapter 7 / Section 49-7-11
Pipelines that are common carriers--Exemption
Status: in_force

All pipelines holding themselves out to the general public as engaged in the business of transporting commodities for hire by pipeline are common carriers and are not subject to the provisions of Title 49 except as provided by this chapter and chapter 49-41B .

Source: SL 1980, ch 321, § 1; SL 1980, ch 328, § 3; SL 1981, ch 341.
S.D. Codified Laws § 49-16A-6 — SD Code / Title 49 / Chapter 16A / Section 49-16A-6
Freight charges to be uniformly applied--Unreasonable discrimination defined
Status: in_force

A railroad providing transportation may not charge or receive from a person a different compensation for a service rendered, or to be rendered, in transportation the railroad may perform than it charges or receives from another person for performing a like and contemporaneous service in the transportation of a like kind of freight under substantially similar circumstances. A railroad that charges or receives a different compensation for that service unreasonably discriminates.

Source: SL 1980, ch 322, § 6.
S.D. Codified Laws § 49-16B-22 — SD Code / Title 49 / Chapter 16B / Section 49-16B-22
Tax exempt status of authority's property
Status: in_force

All property owned by the authority is exempt from taxation.

Source: SL 1980, ch 323, § 21.
S.D. Codified Laws § 49-43-4.5 — SD Code / Title 49 / Chapter 43 / Section 49-43-4.5
Expiration of license--Revocation or suspension
Status: in_force

Each license issued pursuant § 49-43-4.4 expires on the next June thirtieth following the issuance of the license. The commission may at any time for good cause shown revoke or suspend any grain warehouse license. However, the grain warehouse operator has the right of appeal from the decision provided by chapter 1-26 for the review of final decisions of the commission.

Source: SL 2008, ch 249, § 12.
S.D. Codified Laws § 49-34B-3 — SD Code / Title 49 / Chapter 34B / Section 49-34B-3
Safety standards--Inspection program created
Status: in_force

The federal safety standards as set forth in 49 C.F.R. parts 191 to 193, inclusive, 199, and appendices to parts 191 and 192 (January 1, 2026), are adopted as safety standards for this chapter. The commission shall establish and implement a pipeline safety inspection program to enforce these safety standards in a manner that fully complies with requirements for state certification pursuant to 49 U.S.C. § 60105 (January 1, 2026).

Source: SL 1994, ch 357, § 2; SL 1995, ch 264, § 2; SL 1997, ch 268, § 2; SL 1999, ch 230, § 2; SL 2001, ch 258, § 2; SL 2003, ch 240, § 2; SL 2005, ch 247, § 2; SL 2007, ch 273, § 3; SL 2009, ch 242, § 3; SL 2010, ch 225, § 3; SL 2011, ch 210, § 3; SL 2012, ch 231, § 3; SL 2016, ch 226, § 3; SL 2019, ch 199, § 2; SL 2021, ch 201, § 1; SL 2023, ch 158, § 2; SL 2026, ch 186, § 2.
S.D. Codified Laws § 49-16A-50 — SD Code / Title 49 / Chapter 16A / Section 49-16A-50
Powers--Construction, operation and maintenance of roads across, along or over watercourses and highways--Overpasses and underpasses--Changing course of highway--Taking land
Status: in_force

Each railroad authorized to construct, operate, or maintain roads within this state, subject to the provisions of this chapter, may construct its roads across, along, or upon any stream of water, watercourse, street, highway, toll road, turnpike, levee, river front, or public landing, or canal, which its route intersects or touches; may carry any highway, street, toll road, or turnpike which it touches, intersects, or crosses, over or under its track, as may be most expedient for the public good; and may change the course or direction of any highway, street, turnpike, or toll road when made necessary or desirable to secure more easy ascent or descent by reason of any embankment or cut made in the construction of its roads, and take land necessary therefor, provided that such highway or road is not changed from its original course by more than ninety - nine feet, nor its distance lengthened for more than eighty - two and one - half feet.

Source: SDC 1939, § 52.0801 (5); SDCL, § 49-16-10; SL 1980, ch 322, § 49.
S.D. Codified Laws § 49-41B-7 — SD Code / Title 49 / Chapter 41B / Section 49-41B-7
Assessment by local review committee--Factors considered--Applicant to provide information
Status: in_force

The local review committee shall meet to assess potential social and economic effects of the proposed facility and the affected area's capacity to absorb those effects at various stages of construction, and to formulate mitigation measures. The committee's assessment must also include consideration of temporary and permanent alternatives in the following areas:

(1) Housing supplies;

(2) Educational facilities and manpower;

(3) Water supply and distribution;

(4) Waste water treatment and collection;

(5) Solid waste disposal and collection;

(6) Law enforcement;

(7) Transportation;

(8) Fire protection;

(9) Health;

(10) Recreation;

(11) Government; and

(12) Energy.

The applicant shall provide to the members of the committee copies of the application and any other information the commission determines necessary for the committee's assessment pursuant to this section.

Source: SL 1977, ch 390, § 12; SL 2010, ch 226, § 5; SL 2026, ch 187, § 4.
S.D. Codified Laws § 49-43-63 — SD Code / Title 49 / Chapter 43 / Section 49-43-63
Owner, manager, or chief executive officer responsible for violation is subject to criminal penalty
Status: in_force

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

Source: SL 2013, ch 238, § 8, eff. Apr. 1, 2013.
S.D. Codified Laws § 49-47-4 — SD Code / Title 49 / Chapter 47 / Section 49-47-4
Complaint of failure to comply with chapter--Decision by commission
Status: in_force

A dairy producer or utility may file a complaint with the commission claiming that there has been a failure to comply with this chapter. The commission has exclusive, initial jurisdiction to determine:

(1) Whether the dairy producer has provided the requisite notice to the electric utility;

(2) Whether the dairy producer has cooperated with the electric utility to allow the utility to complete measuring and testing;

(3) Whether a utility has complied with the commission rules regarding measurement of stray current or voltage;

(4) Whether the utility's measurements demonstrated stray current or voltage at or above the preventive action level;

(5) Whether the utility has properly identified that portion of the stray current or voltage at cow contact points attributable to the utility's distribution system; and

(6) Whether the utility has complied with its remediation obligation under this chapter.

After opportunity for hearing, the commission shall issue a decision finding whether this chapter has been complied with or not. If one or more provisions of this chapter have not been complied with, the commission shall order compliance within a period of time prescribed by the commission. The commission shall assess its costs associated with the complaint equally between the dairy producer and the utility.

Source: SL 2015, ch 237, § 4.
S.D. Codified Laws § 49-16A-66 — SD Code / Title 49 / Chapter 16A / Section 49-16A-66
Publicly constructed or acquired railroads as public highways
Status: in_force

All roads constructed or acquired by the state or any political subdivision for use by a railroad are works of public necessity and importance and are public highways.

Source: SL 1980, ch 322, § 65.
S.D. Codified Laws § 49-47-5 — SD Code / Title 49 / Chapter 47 / Section 49-47-5
Bad faith or harassment claims
Status: in_force

If, after hearing, the commission determines that a dairy producer made or pursued a claim in bad faith or for purposes of harassment of the utility, the commission shall require the dairy producer to pay the utility's actual costs of investigation. If, after hearing, the commission determines that an electric utility acted in bad faith or for purposes of harassment or delay, the commission shall require the utility to pay the dairy producer's actual costs of investigation, if any.

Source: SL 2015, ch 237, § 5.
S.D. Codified Laws § 49-31-53 — SD Code / Title 49 / Chapter 31 / Section 49-31-53
Annual review of access fee--Report to legislature
Status: in_force

The access fee imposed in § 49-31-51 is subject to annual review by the Department of Human Services. Each year the department shall report to the legislature and recommend whether the access fee should be increased or decreased in order that the money raised by the access fee pays for the costs of the program.

Source: SL 1989, ch 401, § 5.
S.D. Codified Laws § 49-31-125 — SD Code / Title 49 / Chapter 31 / Section 49-31-125
Communications provider permitted to obtain confidential communications records in connection with sale of business or migration of customer
Status: in_force

Sections 49-31-120 to 49-31-126 , inclusive, do not prohibit a communications provider from obtaining, using, disclosing, or permitting access to any confidential communications records information in connection with the sale or transfer of all or part of its business, the purchase or acquisition of all or part of a business, or the migration of a customer from one communications provider to another.

Source: SL 2006, ch 238, § 6.
S.D. Codified Laws § 49-43-61 — SD Code / Title 49 / Chapter 43 / Section 49-43-61
Parent company furnishing financial statements responsible for financial obligations of licensed entity
Status: in_force

If an applicant for a warehouse 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, § 6, eff. Apr. 1, 2013; SL 2015, ch 236, § 3.
S.D. Codified Laws § 49-43-55 — SD Code / Title 49 / Chapter 43 / Section 49-43-55
Commission approval of independent provider--Revocation of approval
Status: in_force

The independent provider shall be approved by the commission prior to operating in the state. The commission may approve an independent provider if the commission finds the independent provider is able to maintain a secure electronic central filing system of electronic records including warehouse receipts, is independent of outside influence or bias in action or appearance, and has entered into a provider agreement with the commission. Approval may be revoked by the commission if the independent provider fails to comply with the provisions of this chapter or the provider agreement.

Source: SL 2012, ch 232, § 3.
S.D. Codified Laws § 49-16A-52 — SD Code / Title 49 / Chapter 16A / Section 49-16A-52
Powers--Equal privileges for tracks on landings and within municipalities--Failure of railroads to agree
Status: in_force

Each railroad authorized to construct, operate, or maintain a road within this state, may have and use equal room, ground, rights, privileges, and conveniences for its tracks, switches, sidings, and turnouts on any levee, river bank or front, or public landing, and on any street, block, alley, square, or public ground within an incorporated municipality, any charter or ordinance of any municipality to the contrary notwithstanding. To accomplish this, it may adjust, with other railroads, the ground to be occupied by each with such tracks, switches, sidings, and turnouts. If the railroads cannot agree upon an adjustment or reasonable compensation for damages caused by the adjustment, the adjustment and compensation shall be determined by the circuit court.

Source: SDC 1939, § 52.0801 (7); SDCL, § 49-16-12; SL 1980, ch 322, § 51.
S.D. Codified Laws § 49-34A-57 — SD Code / Title 49 / Chapter 34A / Section 49-34A-57
Extension of lines to serve utility's or municipality's own property
Status: in_force

Notwithstanding the provisions in §§ 49-34A-43 and 49-34A-44 , any electric utility may extend electric lines for electric service to its own utility property and facilities. A municipally owned electric utility may also extend its electric lines to serve its own public service facilities such as water and sewage systems, landfills and airports.

Source: SL 1975, ch 283, § 44.
S.D. Codified Laws § 49-32A-18 — SD Code / Title 49 / Chapter 32A / Section 49-32A-18
Contracts with public agencies--Employment of personnel
Status: in_force

A translator district organized under this chapter may make contracts with the United States, or any state, municipality or any department or agency of those entities for carrying out the general purposes for which the district is formed. It may make contracts of any lawful nature, including labor contracts or those for employees' benefits, employ engineers, laboratory personnel, attorneys, other technical or professional assistants, and any other assistants or employees necessary to carry out the provisions of this chapter.

Source: SL 1976, ch 76, § 9.
S.D. Codified Laws § 49-45-13 — SD Code / Title 49 / Chapter 45 / Section 49-45-13
Inspection of buyers' facilities--Examination of books--Subpoena power
Status: in_force

The commission shall cause the business facilities of every grain buyer, 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 examination. The inspector may at any time during business hours enter any structure, vehicle, or enclosure in which the books or accounts of any grain buyer are kept, and may examine all the books, accounts, and electronic records relating to the transactions of the grain buyer 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 1985, ch 376, § 78; SL 2008, ch 251, § 12; SL 2011, ch 211, § 9.
S.D. Codified Laws § 49-1A-1 — SD Code / Title 49 / Chapter 1A / Section 49-1A-1
Purpose of fund
Status: in_force

It is hereby declared to be in the public interest, in order to permit full and adequate regulation of public utilities as defined in chapter 49-34A , and telecommunications companies as defined in subdivision 49-31-1(28), to establish a fund known as the South Dakota Public Utilities Commission gross receipts tax fund.

Source: SL 1975, ch 112, § 1; SL 1976, ch 292, § 1; SL 1991, ch 381, § 1.
S.D. Codified Laws § 49-28A-10 — SD Code / Title 49 / Chapter 28A / Section 49-28A-10
Warning placards required on storage facilities for hazardous or explosive materials--Violation as misdemeanor
Status: in_force

No person may store any hazardous materials or class 1.1, 1.2, 1.3, 1.4, or 1.5 explosives, as outlined under 49 CFR 172, as amended through January 1, 2006, in any storage facility unless the storage facility has placards warning of the storage of hazardous or explosive materials. The placards at a storage facility shall be in plain sight, shall be so located that a bullet passing through any of the placards will not strike the storage facility, and may not be more than one hundred feet apart. The owner of any storage facility storing hazardous or explosive material shall maintain shipping records on such hazardous or explosive materials on the premises and shall provide the shipping records to any law enforcement agency or fire department upon demand. A violation of this section is a Class 1 misdemeanor. For the purposes of this section, a storage facility is any enclosed structure where materials are kept or warehoused.

The provisions of this section do not apply to a retail business establishment licensed under the provisions of chapter 10-45 , residential property, a storage shed on residential property or any farm building, but only to warehouse facilities whose structure is separated from retail establishments.

Source: SL 1991, ch 384; SL 2006, ch 236, § 1.
S.D. Codified Laws § 49-34-11.1 — SD Code / Title 49 / Chapter 34 / Section 49-34-11.1
Public utility defined
Status: in_force

As used in §§ 49-34-11.1 to 49-34-11.4 , inclusive, the term "public utility" means a corporation, its lessees, its trustees and receivers, operating, maintaining or controlling in this state after July 1, 1967, equipment or facilities for the production, generation, transmission or distribution at retail of gas or electric service for the public and in the transmission and distribution using, or having a right to use, public roads, streets, alleys, or other public ways for the purpose of constructing, using, operating or maintaining wires, pipes, conduits or other facilities, which corporation is organized under the provisions of chapter 49-33 or is qualified in accordance with the provisions of §§ 47-1A-1501 to 47-1A-1532 , inclusive, as a foreign corporation authorized to transact business in this state.

Source: SL 1989, ch 402, § 2; SL 2005, ch 202, § 14.
S.D. Codified Laws § 49-34A-26 — SD Code / Title 49 / Chapter 34A / Section 49-34A-26
Investigation of rates or services by commission--Notice--Action
Status: in_force

On its own motion or upon a complaint made against any public utility, by the governing body of any political subdivision, by another public utility, or by any twenty - five consumers of the particular utility that any of the rates, tolls, tariffs, charges, or schedules or any joint rate or any regulation, measurement, practice, act or omission affecting or relating to the transmission, delivery or furnishing of natural gas or electricity or any service in connection therewith is in any respect unreasonable, insufficient or unjustly discriminatory, or that any service is inadequate or cannot be obtained, the Public Utilities Commission shall proceed, with notice, to make such investigation as it may deem necessary and take such action as deemed necessary and appropriate.

Source: SL 1975, ch 283, § 14; SL 1976, ch 296, § 22.
S.D. Codified Laws § 49-33-8 — SD Code / Title 49 / Chapter 33 / Section 49-33-8
Powers of corporation--Holding property
Status: in_force

Every corporation organized under this chapter shall have power to take and hold such voluntary grants of real and other property as may be made to it to aid in the construction, maintenance, and accommodation of its railways, power or lighting plants, but the real property received by voluntary grant shall be held and used for the purpose of such grant only.

Source: SDC 1939, § 52.1509 (3).
S.D. Codified Laws § 49-28-51 — SD Code / Title 49 / Chapter 28 / Section 49-28-51
Procedure before department
Status: in_force

Except as otherwise provided in this chapter or the rules adopted pursuant to this chapter, chapter 1-26 shall govern in all proceedings and investigations before the department in cases arising in connection with the performance by the department of its duties or the exercise of its jurisdiction under this chapter.

Source: SDC 1939, § 44.0417; SL 1985, ch 374, § 39; SL 2006, ch 234, § 14.
S.D. Codified Laws § 49-16A-76 — SD Code / Title 49 / Chapter 16A / Section 49-16A-76
Powers--Acceptance of voluntary grants for railroad purposes
Status: in_force

Each railroad authorized to construct, operate, or maintain a road within this state, may take and hold such voluntary grants of real and other property as are made to it, to aid in the construction, maintenance, and accommodation of its road. Any real property received by voluntary grant shall be held and used for the purposes of the grant only.

Source: SDC 1939, § 52.0801 (2); SDCL, § 49-16-7; SL 1980, ch 322, § 75.
S.D. Codified Laws § 49-2-9 — SD Code / Title 49 / Chapter 2 / Section 49-2-9
Disclaimer of liability--Willful, wanton, or fraudulent conduct
Status: in_force

A common carrier cannot be exonerated from liability for willful or wanton misconduct, fraud, or willful wrong of himself or his servant by any agreement made in anticipation thereof.

Source: SDC 1939, § 8.0807.
S.D. Codified Laws § 49-34B-21 — SD Code / Title 49 / Chapter 34B / Section 49-34B-21
Accident report available in judicial proceedings
Status: in_force

Any accident report related to pipeline safety made by an employee or agent of the commission is available for use in any civil, criminal, or other judicial proceeding arising out of the accident. The employee or agent may be required to testify in the proceedings as to the facts developed in the investigation. A report made available to the public need not identify individuals. Any report on research projects, demonstration projects, and other related activities is public information.

Source: SL 1994, ch 357, § 20.
S.D. Codified Laws § 49-34A-91 — SD Code / Title 49 / Chapter 34A / Section 49-34A-91
Right to hearing on denial of refund claim
Status: in_force

Any person aggrieved by the denial in whole or in part of a refund claimed under §§ 49-34A-80 to 49-34A-92 , inclusive, may within thirty days after service of the notice of a denial by the secretary, demand and is entitled to a hearing, upon notice, before the secretary. The hearing shall be conducted pursuant to chapter 1-26 .

Source: SL 2001, ch 257, § 12.
S.D. Codified Laws § 49-16B-25 — SD Code / Title 49 / Chapter 16B / Section 49-16B-25
Bonds and notes--Resolution--Issuance--Terms
Status: in_force

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

Source: SL 1980, ch 323, § 24; SL 2010, ch 145, § 197.
S.D. Codified Laws § 49-33-19 — SD Code / Title 49 / Chapter 33 / Section 49-33-19
Capital stock subscription
Status: in_force

When a certificate is issued pursuant to § 49-33-4 , the directors of such corporation 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 places and upon such notice as they may deem expedient, and may from time to time receive subscriptions until the whole of the capital stock is subscribed.

Source: SDC 1939, § 52.1503.
S.D. Codified Laws § 49-30-25 — SD Code / Title 49 / Chapter 30 / Section 49-30-25
Meetings by teleconference
Status: in_force

Unless restricted by the articles of incorporation or bylaws, members of the board of directors or any committee designated by the board of directors may participate in a meeting of such board or committee by means of teleconference or similar communications equipment which allows all persons participating in the meeting to hear each other at the same time. Participation by a board or committee member in a teleconference constitutes presence in person at a meeting.

Source: SL 1997, ch 257, § 4.
S.D. Codified Laws § 49-46-1 — SD Code / Title 49 / Chapter 46 / Section 49-46-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Covered utility," in any calendar year a public utility which during the second preceding calendar year, had either sales of natural gas, for purposes other than resale, which exceeded ten billion cubic feet, or sales of electric energy, for purposes other than resale, which exceeded seven hundred fifty million kilowatt - hours;

(2) "Eligible customer," a person who receives a fuel bill from a covered utility and who owns or occupies a residential building containing at least one but not more than four dwelling units;

(3) "Office," the Governor's Office of Economic Policy;

(4) "Program," residential conservation service program.

Source: SL 1981, ch 345, § 1; SL 1991, ch 16, § 4; SL 1994, ch 410 (Ex. Ord. 93-9), § 18.
S.D. Codified Laws § 49-45-1.1 — SD Code / Title 49 / Chapter 45 / Section 49-45-1.1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Business of a grain buyer," contracting to purchase grain or purchasing grain, regardless of:

(a) Where the grain is to be delivered; or

(b) Where title to the grain transfers;

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

(3) "Contract," except as referenced in § 49-45-21 , a written or oral agreement to purchase grain, regardless of the:

(a) Timeline;

(b) Pricing structure; and

(c) Place of delivery;

(4) "Grain," grain, grain sorghums, beans, pulse crops, and oil seeds but not:

(a) Grain that has been cleaned, processed, and identified for an intended use of planting for reproduction;

(b) Grain that is received for consignment and which will be processed by the consignee for an intended use of planting for reproduction; or

(c) Grain purchased to feed livestock;

(5) "Grain broker," a person who is involved in the negotiation of a grain transaction in this state and:

(a) Is compensated for that involvement by at least one party to the transaction; and

(b) Does not take title to the grain that is subject to the transaction;

(6) "Grain buyer," any person who:

(a) Contracts to take title to grain;

(b) Purchases unprocessed grain for the purpose of reselling the grain; or

(c) Contracts to purchase at least three hundred thousand dollars' worth of unprocessed grain directly from producers in a license year, which begins on July first and ends on June thirtieth. Nothing in this chapter applies to the isolated resale of grain by a producer who does not hold himself or herself out as engaging in the business of reselling grain;

(7) "Holds himself or herself out," the creation of an assumption or the use of any kind of title, sign, symbol, document, or term indicating or conveying the idea that the person whose name is so connected is competent, qualified, authorized, or entitled to engage in certain activities;

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

(9) "Producer," a person engaged in the business of grain production;

(10) "Unprocessed grain," grain that has not been materially altered, or otherwise combined with other grains or products to render the grain only a component part of a different product, provided the cleaning or screening of grain does not constitute processing; and

(11) "Voluntary credit sale," a sale of grain pursuant to which the sale price is to be paid more than thirty days after the delivery or release of the grain for sale, including those contracts commonly referred to as deferred-payment contracts, deferred-pricing contracts, and price-later contracts.

Source: SL 1985, ch 376, § 69; SL 1986, ch 397, § 9; SL 1994, ch 351, § 141; SL 2002, ch 216, § 1; SL 2008, ch 251, § 2; SL 2009, ch 248, § 1; SL 2013, ch 238, § 9, eff. Apr. 1, 2013; SL 2017, ch 200, § 4; SL 2022, ch 175, § 2; SL 2024, ch 192, § 1; SL 2024, ch 193, § 1.
S.D. Codified Laws § 49-34A-46 — SD Code / Title 49 / Chapter 34A / Section 49-34A-46
Payments to municipality owning electric system from revenues of electric utility operating within municipality
Status: in_force

Any electric utility with facilities within the boundaries of a municipality, as they exist from time to time, which has a municipally owned electric system serving over fifty percent of the customers in the municipality, may, at the option of the municipality, pay to the municipality an amount to be agreed upon by the electric supplier and the governing body of the municipality. If the parties have not agreed on the amount on or before May first following the calendar year from which the amount is to be paid, the amount to be paid shall be four percent of the total gross revenue collected by the electric supplier from the sale of power delivered to structures and electric service outlets situated within the municipality during the year for which the amount is paid. The tax imposed by a municipality pursuant to this section may be passed on to the purchaser. Any revenue received by the electric utility from the tax imposed by a municipality pursuant to this section that is separately stated on the invoice, bill of sale, or similar document is not considered gross receipts as defined in chapter 10-45 , 10-46 , or 10-52 .

Source: SL 1965, ch 254, § 29; SDCL § 49-41-32; SL 1970, ch 261, § 29; SL 1975, ch 283, § 42 (6); SL 2001, ch 256, § 2; SL 2015, ch 232, § 2.
S.D. Codified Laws § 49-16C-3 — SD Code / Title 49 / Chapter 16C / Section 49-16C-3
Loans to regional railroad authorities--Procedure
Status: in_force

The South Dakota State Railroad Board may upon the written approval of the Governor make loans from the railroad trust fund to regional railroad authorities upon such terms and conditions as the State Railroad Board may determine. The South Dakota State Railroad Board shall adopt rules, pursuant to chapter 1-26 establishing the procedures for loan application and approval.

Source: SL 1981, ch 100, § 7.
S.D. Codified Laws § 49-34-19.1 — SD Code / Title 49 / Chapter 34 / Section 49-34-19.1
Tampering with back flow preventer a misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any person without lawful authority to connect, disconnect, bypass, or tamper with a back flow preventer installed on a public water system. Nothing in this section affects the right of a water service company to recover any damages caused by the violation of this section.

Source: SL 1999, ch 228, § 2.
S.D. Codified Laws § 49-17-26 — SD Code / Title 49 / Chapter 17 / Section 49-17-26
Payment to state of portion of revenue increase from improved service
Status: in_force

Agreements entered into between the Department of Transportation and railroad corporations, pursuant to § 49-17-24 , may require payment by the railroad corporation of a portion of increased revenue derived from the improved branch line to the state.

Source: SL 1978, ch 342, § 4.
S.D. Codified Laws § 49-43-38 — SD Code / Title 49 / Chapter 43 / Section 49-43-38
Records to be kept in safe place--Inspection
Status: in_force

A public grain warehouse shall keep all records of grain purchased and stored and all receipts, scale tickets, and 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 249, § 26.
S.D. Codified Laws § 49-31-113 — SD Code / Title 49 / Chapter 31 / Section 49-31-113
Transit traffic or billing records to be provided by transiting carrier
Status: in_force

Upon the request of a terminating carrier, the transiting carrier shall provide detailed transit traffic records or billing records related to the telecommunications traffic delivered to the terminating carrier.

Source: SL 2004, ch 284, § 5.
S.D. Codified Laws § 49-36-13 — SD Code / Title 49 / Chapter 36 / Section 49-36-13
Officers of district--Certain officers elected from membership of board of directors
Status: in_force

The board of directors of a consumers power district shall elect the officers of the district, who shall be a president, a vice - president, a secretary, and a treasurer, and the board may appoint an executive committee and other officers, including a general manager, agents, servants, and employees as shall be deemed necessary in handling the affairs and transacting the business of the district. The president and vice - president shall be elected from the membership of the board of directors.

Source: SL 1950 (SS), ch 17, § 28; SDC Supp 1960, § 52.1728.
S.D. Codified Laws § 49-37-17 — SD Code / Title 49 / Chapter 37 / Section 49-37-17
Districts not within jurisdiction of Public Utilities Commission
Status: in_force

The South Dakota Public Utilities Commission shall have no jurisdiction over the districts organized under chapter 49-35 , or over their rates, charges, or operations.

Source: SL 1950 (SS), ch 17, § 68; SDC Supp 1960, § 52.1767.
S.D. Codified Laws § 49-7-19 — SD Code / Title 49 / Chapter 7 / Section 49-7-19
Relation back of title
Status: in_force

The title vested by the Governor's deed to such lands shall relate back to the date of the filing of the map with the commissioner of school and public lands pursuant to § 49-7-16 . No subsequent grant from the state to any other person of any tract of land shall divest the pipeline company of its rights authorized by this chapter.

Source: SL 1980, ch 321, § 9.
S.D. Codified Laws § 49-16B-46 — SD Code / Title 49 / Chapter 16B / Section 49-16B-46
Contract power of authority
Status: in_force

The authority may enter into contracts regarding any matter connected with any corporate purpose within the objects and purposes of this chapter.

Source: SL 1980, ch 323, § 41.
S.D. Codified Laws § 49-37-21 — SD Code / Title 49 / Chapter 37 / Section 49-37-21
Districts as works of internal improvement--Applicability of laws respecting internal improvements
Status: in_force

All power plants and systems, constructed or otherwise acquired, or used or operated by any consumers power district under the provisions of chapters 49-35 to 49-40 , inclusive, or proposed by such district to be so constructed, acquired, owned, used, or operated, are hereby declared to be works of internal improvement. All laws applicable to works of internal improvement, and all provisions of law now applicable to electric light and power corporations, as regards the exercise of the power of eminent domain, the use and occupation of state and other public lands and highways, the appropriation, or other acquisition, for any of the purposes contemplated in said chapters, the manner or method of construction and physical operation of power plants, systems, and transmission lines, as hereby contemplated, shall be applicable as nearly as may be, to districts organized under chapter 49-35 , and in the performance of the duties conferred or imposed upon them under the provisions of chapters 49-35 to 49-40 , inclusive.

Source: SL 1950 (SS), ch 17, § 78; SDC Supp 1960, § 52.1777.
S.D. Codified Laws § 49-34B-1 — SD Code / Title 49 / Chapter 34B / Section 49-34B-1
Definitions
Status: in_force

Terms used in this chapter mean:

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

(2) "Emergency release," a release of a quantity of gas that is great enough to:

(a) Pose a clear and immediate danger to life, health, or the environment; or

(b) Threaten a significant loss of property;

(3) "Gas," natural gas, liquefied natural gas, flammable gas, gas that is toxic or corrosive, or liquefied petroleum gas in a distribution system;

(4) "Gas pipeline," all parts of the physical facilities through which gas moves in transportation, including compressor units, delivery stations, fabricated assemblies, holders, metering stations, pipes, regulator stations, valves, and other appurtenances attached to the facilities;

(5) "Gas pipeline facilities," new and existing pipelines and rights-of-way, within this state, which transport gas from an interstate gas pipeline to a direct sales customer, within this state, purchasing gas for the customer's own consumption, and any building, equipment, or facility used in the transportation of gas, or in the treatment of gas during the course of transportation, within this state;

(6) "Inspection fee," any fee assessed to pipeline operators based on the expenses and obligations incurred by the commission in implementing and administering this chapter;

(7) "Interstate pipeline," pipeline facilities used in the transportation of gas, which are subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act, 15 U.S.C. §§ 717 to 717z, inclusive (January 1, 2026), except any pipeline facility, within this state, transporting gas from an interstate gas pipeline to a direct sales customer, within this state, purchasing gas for the customer's own consumption;

(8) "Intrastate pipeline," any pipeline or part of a pipeline to which this chapter applies, but which is not an interstate pipeline;

(9) "Liquefied natural gas," natural gas or synthetic gas having methane (CH4) as its major constituent, which has been changed to a liquid or semisolid;

(10) "Master meter system," any pipeline system for distributing gas within an apartment complex, housing project, mobile home park, or other definable area, where the operator purchases metered gas from an outside source for resale through a gas distribution pipeline system and the gas distribution pipeline system supplies the ultimate consumer who purchases the gas directly through a meter or by rents or other means;

(11) "Pipeline operator," any person who owns or operates a pipeline;

(12) "Release," any discharging, disposing, dumping, emitting, emptying, flowing, injecting, leaching, leaking, pouring, pumping, spilling, or uncontrolled escaping of a gas from a pipeline; and

(13) "Transportation of gas," the distribution, gathering, or transmission of gas by pipeline, or the storage of gas.

Source: SL 1994, ch 357, § 1; SL 1995, ch 264, § 1; SL 2007, ch 273, § 1; SL 2009, ch 242, § 1; SL 2010, ch 225, § 1; SL 2011, ch 210, § 1; SL 2012, ch 231, § 1; SL 2016, ch 226, § 1; SL 2019, ch 199, § 1; SL 2023, ch 158, § 1; SL 2026, ch 186, § 1.
S.D. Codified Laws § 49-34A-82 — SD Code / Title 49 / Chapter 34A / Section 49-34A-82
Definitions
Status: in_force

Terms used in §§ 49-34A-80 to 49-34A-92 , inclusive, mean:

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

(2) "New or expanded facility," a new commercial small power production facility as defined in § 49-34A-80 or an addition to an existing commercial small power production facility, the construction or installation of which is subject to contractors' excise tax pursuant to chapter 10-46A or 10-46B ;

(3) "Project," the installation or construction of the first ten megawatts of generation capacity of a new or expanded facility;

(4) "Project cost," the amount paid in money for a project;

(5) "Secretary," the secretary of the Department of Revenue.

Source: SL 2001, ch 257, § 3; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 49-17A-7 — SD Code / Title 49 / Chapter 17A / Section 49-17A-7
Power vested in commissioners--Rules for operation
Status: in_force

The power of each regional authority is vested in the commissioners. Each authority may adopt and amend rules for its own operations subject to the agreement of the subdivisions establishing the authority and subject to the provisions of this chapter.

Source: SL 1978, ch 344, § 7.
S.D. Codified Laws § 49-31-1.4 — SD Code / Title 49 / Chapter 31 / Section 49-31-1.4
"Price regulation" defined--Determination of fair and reasonable price
Status: in_force

For the purposes of this chapter, "price regulation" is the procedure used by the commission to approve the charge for an emerging or noncompetitive telecommunications service which is not based on rate of return regulation. In determining whether the price is fair and reasonable, the commission shall determine and consider the price of alternative services, the overall market for the service, the affordability of the price for the service in the market it is offered, and the impact of the price of the service on the commitment to preserve affordable universal service. In determining the price for an emerging competitive service, the commission shall also consider the actual cost of providing the service. In determining the price for a noncompetitive service, the commission shall also consider the fully allocated cost of providing the service.

Source: SL 1988, ch 375, § 6; SL 1992, ch 328, § 1.
S.D. Codified Laws § 49-16A-63 — SD Code / Title 49 / Chapter 16A / Section 49-16A-63
Maps kept by commissioner of school and public lands--Noting and reserving right-of-way
Status: in_force

The commissioner of school and public lands shall note on the maps in his office each legal subdivision of school or other public lands crossed by any road and their location. In disposing of such lands the commissioner shall reserve the right - of - way for the use of the railroad by appropriate description.

Source: SDC 1939, § 52.0819; SDCL, § 49-20-13; SL 1980, ch 322, § 62.
S.D. Codified Laws § 49-34A-19.1 — SD Code / Title 49 / Chapter 34A / Section 49-34A-19.1
Separate accounts required for nonutility business--Profits and losses considered by commission
Status: in_force

Each public utility engaged directly or indirectly in any other business than that of the production, transmission or furnishing of gas or electricity to the public shall, if required by the commission, keep and render separately to the commission the accounts of all such other businesses, in which case all the provisions of this chapter shall apply to the books, accounts, papers, and records of such other business and all profits and losses may be taken into consideration by the commission if deemed relevant to the general fiscal condition of the public utility.

Source: SDCL, § 49-34A-19 as added by SL 1976, ch 296, § 18; SL 1991, ch 386, § 2.
S.D. Codified Laws § 49-16A-96 — SD Code / Title 49 / Chapter 16A / Section 49-16A-96
Bridges and abutments--Maintenance
Status: in_force

Each railroad shall maintain and keep in good repair all of its bridges and their abutments.

Source: SDC 1939, § 52.0829; SDCL, § 49-19-27; SL 1980, ch 322, § 95.
S.D. Codified Laws § 49-49-4 — SD Code / Title 49 / Chapter 49 / Section 49-49-4
Contents of plan--Compliance with 2023 National Electrical Safety Code
Status: in_force

A wildfire mitigation plan must include, at a minimum:

(1) A description of areas within the service territory or facility locations of the qualified utility, which may be subject to a heightened risk of wildfire;

(2) A description of the procedures or strategies, standards, and time frames that the qualified utility will use to inspect and operate its infrastructure;

(3) A description of the procedures or strategies, and standards that the qualified utility will use to perform vegetation management;

(4) A description of the procedures or strategies for modifications or upgrades to electric facilities and preventative programs to reduce the risk of its electric facilities initiating a wildfire;

(5) A description of considerations or strategies for de-energizing power lines or modifying electric facility operations to mitigate potential wildfires, taking into consideration:

(a) The ability of the qualified utility to reasonably access the proposed powerline to be de-energized;

(b) The balance of the risk of wildfire with the need for continued supply of electricity to a community; and

(c) Any potential impact to public safety and first responders, as applicable;

(6) A description of the procedures or strategies the qualified utility intends to use to

restore its electrical system in the event of a wildfire;

(7) A description of the estimated incremental costs, if any, for the implementation of

the plan, including system improvements and upgrades;

(8) A description of community outreach and public awareness efforts before and during a wildfire season; and

(9) A description of coordination with applicable state or local wildfire agencies.

The procedures and standards under this section must comply with the 2023 National Electrical Safety Code.

Source: SL 2026, ch 189, § 4.
S.D. Codified Laws § 49-34A-1 — SD Code / Title 49 / Chapter 34A / Section 49-34A-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Assigned service area," the geographical area in which the boundaries are established as provided in §§ 49-34A-42 to 49-34A-44 , inclusive, and 49-34A-48 to 49-34A-59 , inclusive;

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

(3) "Customer," any person contracting for or purchasing gas or electric service from a utility;

(4) "Depreciated original cost," the cost of property to the person first devoting it to public service, less the depreciation reserve, which includes accumulated depreciation charges calculated on a straight-line method and based upon the estimated service life of the property together with other items normally accounted for in the depreciation reserve, and does not include any good will or going concern value, nor does it include certificate value in excess of payments made or costs incurred in the initial acquisition thereof;

(5) "Electric line," any line for conducting electric energy at a design voltage of twenty-five thousand volts phase to phase or less and used for distributing electric energy directly to customers;

(6) "Electric service," electric service furnished to a customer for ultimate consumption, but not including wholesale electric service furnished by an electric utility to another electric utility for resale;

(7) "Electric utility," any person operating, maintaining, or controlling in this state, equipment or facilities for providing electric service to or for the public including facilities owned by a municipality;

(8) "Gas service," retail sale of natural gas or manufactured gas distributed through a pipeline to fifty or more customers or the sale of transportation services by an intrastate natural gas pipeline;

(9) "Gas utility," any person operating, maintaining, or controlling in this state equipment or facilities for providing gas service to or for the public;

(9A) "Intrastate natural gas pipeline," any natural gas pipeline located entirely within the state that transports gas from a receipt point to one or more locations for customers other than the pipeline operator. However, the term does not apply if there is only one customer and the customer is a wholly-owned subsidiary of the pipeline operator, the customer is the parent company of the pipeline operator, or the customer and the pipeline operator are wholly-owned subsidiaries of the same parent company. Further, the term does not apply to natural gas lines and appurtenant facilities used to gather gas from natural gas production facilities or sites and move the gas to an interconnecting transportation pipeline system;

(10) "Municipality," any incorporated town or city in South Dakota;

(11) "Person," a natural person, a partnership, a private corporation, a public corporation, a limited liability company, a municipality, an association, a cooperative whether incorporated or not, a joint stock association, a business trust, any of the federal, state and local governments, including any of their political subdivisions, agencies and instrumentalities, or two or more persons having joint or common interest;

(12) "Public utility," any person operating, maintaining, or controlling in this state equipment or facilities for the purpose of providing gas or electric service to or for the public in whole or in part, in this state. However, the term does not apply to an electric or gas utility owned by a municipality, political subdivision, or agency of the State of South Dakota or any other state or a rural electric cooperative as defined in § 47-21-1 for the purposes of §§ 49-34A-2 to 49-34A-4 , inclusive, §§ 49-34A-6 to 49-34A-41 , inclusive, and § 49-34A-62 . The term, public utility, does apply to a rural electric cooperative which provides gas service;

(13) "Rate," any compensation, charge and classification, or any of them demanded, observed, charged, or collected by any public utility for any service and any rules, regulations, practices, or contracts affecting any such compensation, charge or classification;

(14) "Securities," stock and stock certificates or other evidence of interest or ownership, and bonds, notes or other evidence of indebtedness.

Source: SL 1965, ch 254, § 1; SDCL § 49-41-1; SL 1970, ch 261, § 1; SL 1975, ch 283, § 1; SL 1976, ch 296, §§ 1 to 6; SL 1977, ch 391; SL 1987, ch 354, § 2; SL 1990, ch 374; SL 1991, ch 386, § 1; SL 1994, ch 349, § 6; SL 1996, ch 273, §§ 1, 2; SL 2015, ch 231, § 1.
S.D. Codified Laws § 49-33-7 — SD Code / Title 49 / Chapter 33 / Section 49-33-7
Powers of corporation--Buildings and accessory facilities--Contracts with municipalities
Status: in_force

Every corporation organized under this chapter shall have power to erect and maintain such buildings, powerhouses, plants, poles, substations, wires, trolleys, and appliances as may be necessary for the transmission of electric power and use the same to operate its street railway, electric light, or power line, and to contract with any person or corporation for the furnishing to such person or corporation of electric light, heat, or power; to contract with any municipality, or county for the lighting of its streets, highways, and public buildings, and for furnishing power, and to contract with any municipal corporation for the furnishing of its inhabitants with electric light, heat, and power.

Source: SDC 1939, § 52.1509 (2); SL 1992, ch 60, § 2.
S.D. Codified Laws § 49-41B-12 — SD Code / Title 49 / Chapter 41B / Section 49-41B-12
Deposit required--Disposition--Minimum and maximum fees--Prohibited fund source--Environmental impact fee
Status: in_force

At the time of filing an application as required in § 49-41B-11 , an applicant must deposit the minimum fee with the commission. If required by the commission, an applicant must remit an amount to be determined by the commission based upon the actual cost of investigating, reviewing, processing, and serving notice of an application. The amount must be deposited with the state treasurer and credited to a subfund within the designated revenue fund and may only be disbursed on vouchers approved by the commission for the actual cost of investigating, reviewing, processing, and serving notice of the application. Except as otherwise agreed to by an applicant, the maximum fee chargeable may not exceed one-quarter of one percent of the first one hundred million dollars of estimated construction cost plus one-twentieth of one percent of all additional estimated construction costs of the facility. To exceed the maximum fee when the applicant has not agreed to a fee higher than the maximum amount, the commission must make a finding upon a motion from the commission staff that all costs incurred were reasonably necessary to investigate, review, process, and serve notice of the application. The minimum total fee chargeable may not be less than twenty thousand dollars. The minimum fee is nonrefundable unless ordered by the commission.

Moneys from the South Dakota public utilities commission gross receipts tax fund, as established in § 49-1A-2 , may not be used to reimburse the commission for any additional costs incurred.

If the commission determines that an environmental impact statement should be prepared as provided under chapter 34A-9 before taking final action on an application under this chapter, the maximum fee chargeable above may be increased to an amount not to exceed one-half of one percent of the first one hundred million dollars of estimated construction cost plus one-twentieth of one percent of all additional estimated construction costs of the facility. However, the provisions of this paragraph do not apply in cases in which a detailed environment impact study has been completed pursuant to the requirements of the National Environmental Policy Act of 1969 as amended to January 1, 2009, and implementing regulations thereto if such a statement is available to the commission at least thirty days prior to the time the commission is required to render a decision under § 49-41B-24 or 49-41B-25 . The provisions of this section apply to all pending permit applications and future permit applications before the commission.

Source: SL 1977, ch 390, § 6; SL 1981, ch 344; SL 2009, ch 245, § 1; SL 2024, ch 191, § 1; SL 2025, ch 194, § 1.
S.D. Codified Laws § 49-1A-5 — SD Code / Title 49 / Chapter 1A / Section 49-1A-5
Tax payment date
Status: in_force

The tax levied by this chapter is due and payable to the state treasurer on July fifteenth of each year.

Source: SL 1975, ch 112, § 5; SL 1983, ch 334, § 2; SL 1985, ch 372; SL 1994, ch 352, § 3; SL 2003, ch 235, § 4.
S.D. Codified Laws § 49-28-71 — SD Code / Title 49 / Chapter 28 / Section 49-28-71
Indemnity provisions in motor carrier transportation contracts
Status: in_force

Notwithstanding any other law, no provision of a motor carrier transportation contract, and no covenant or agreement collateral to or affecting a motor carrier transportation contract, may require the motor carrier to indemnify, hold harmless, or defend the promisee or affiliate, or have the effect of indemnifying, holding harmless, or defending the promisee or affiliate from or against any liability for loss or damage resulting from the negligence, intentional acts, or omissions of the promisee or affiliate. Any provision of any contract or agreement entered into after July 1, 2012 that violates this section is void and unenforceable.

Source: SL 2012, ch 228, § 2.
S.D. Codified Laws § 49-16A-21 — SD Code / Title 49 / Chapter 16A / Section 49-16A-21
Through rates, joint rates or joint through rates not restraint of trade unless intent or effect to monopolize
Status: in_force

Two or more railroads which establish through rates, joint rates, or joint through rates for intrastate commerce as required by § 49-16A-38 are not subject to § 37-1-3.1 unless the intent or effect is to violate § 37-1-3.2 .

Source: SL 1980, ch 322, § 21.
S.D. Codified Laws § 49-40-4 — SD Code / Title 49 / Chapter 40 / Section 49-40-4
Right of municipality to purchase portion of assets within boundaries
Status: in_force

Whenever any consumers district shall, as provided in chapters 49-35 to 49-40 , inclusive, acquire, by purchase, lease or otherwise, any electric distribution system, or any part or parts thereof, situated within or partly within any municipality, if any part of such system be within such municipality, such acquisition shall be upon the condition that such municipality may purchase, and such district shall be required to sell to such municipality such electric distribution system, situated within or partly within such municipality, but not within the corporate limits of any other municipality, by paying to such district such sum as is fair and reasonable, including reasonable severance damages.

Source: SL 1950 (SS), ch 17, § 65; SDC Supp 1960, § 52.1764.
S.D. Codified Laws § 49-37-23 — SD Code / Title 49 / Chapter 37 / Section 49-37-23
Liability of district respecting use of water
Status: in_force

Any consumers power district shall be liable for all breaks, overflow, and seepage damage.

Source: SL 1950 (SS), ch 17, § 80; SDC Supp 1960, § 52.1779.
S.D. Codified Laws § 49-34A-5 — SD Code / Title 49 / Chapter 34A / Section 49-34A-5
Municipal authority terminated
Status: in_force

Municipal corporations shall have no authority or jurisdiction over rates and conditions of service of any public utility subject to the jurisdiction of the South Dakota Public Utilities Commission under the provisions of this chapter.

Source: SL 1975, ch 283, § 31.
S.D. Codified Laws § 49-43-44 — SD Code / Title 49 / Chapter 43 / Section 49-43-44
Issuance of receipt for goods not actually received or under the warehouse's control as felony
Status: in_force

Any public grain warehouse operator, or any officer, agent, or employee, who issues a receipt knowing that the goods for which the receipt is issued have not been actually received by the warehouse, or are not under the warehouse's actual control at the time of issuing the receipt, is guilty of a Class 5 felony.

Source: SL 2008, ch 249, § 32.
S.D. Codified Laws § 49-43-25 — SD Code / Title 49 / Chapter 43 / Section 49-43-25
Refusal to deliver grain as theft
Status: in_force

Any public grain warehouseman who, after demand, tender and offer as provided in § 49-43-22 , willfully fails to deliver, as provided by § 49-43-22 , to the person making such demand, the full amount of grain of the kind and grade or market value thereof which such person may demand of such warehouseman, is guilty of theft.

Source: SDC 1939, § 60.9907; SL 1981, ch 177, § 17; SL 1985, ch 376, § 45.
S.D. Codified Laws § 49-34A-93 — SD Code / Title 49 / Chapter 34A / Section 49-34A-93
Implementation of and compliance with certain federal energy acts
Status: in_force

The commission may implement and comply with the provisions of the Public Utility Regulatory Policies Act of 1978, as amended to January 1, 2009, the Energy Policy Act of 2005, and the Energy Independence and Security Act of 2007 and may promulgate rules pursuant to chapter 1-26 consistent with these acts. The commission may implement policies or promulgate rules to establish the following:

(1) Standards requiring a public utility to offer each of the utility's customer classes, and provide individual customers upon customer request, a time-based rate schedule under which the rate charged by the electric utility varies during different time periods and reflects the variance, if any, in the utility's costs of generating and purchasing electricity at the wholesale level;

(2) Standards requiring a public utility to make interconnection service available on request to any electric customer that the utility serves;

(3) Standards requiring a public utility to develop a plan to minimize dependence on one fuel source and to ensure that the electric energy it sells to consumers is generated using a diverse range of fuels and technologies, including renewable technologies;

(4) Standards requiring a public utility to develop and implement a ten-year plan to increase the efficiency of its fossil fuel generation;

(5) Standards or policies requiring a public utility to integrate energy efficiency resources into the utility's planning process and to adopt policies establishing cost-effective energy efficiency as a priority resource;

(6) Standards or policies allowing a public utility's rates to align utility incentives with the delivery of cost-effective energy efficiency and promote energy efficiency investments;

(7) Standards or policies requiring prior to investing in nonadvanced grid technologies, that a public utility consider investing in a smart grid system; and

(8) Standards or policies requiring public utilities to provide smart grid information regarding electricity prices, usage, and sources of power to customers.

Any order adopted by the commission prior to January 1, 2006, pursuant to these acts, is hereby validated.

Source: SL 2006, ch 240, § 1; SL 2009, ch 240, § 1.
S.D. Codified Laws § 49-31-57 — SD Code / Title 49 / Chapter 31 / Section 49-31-57
Penalty for pleading filed for improper purpose--Sanction by commission
Status: in_force

The commission may on its own motion or upon the motion of any party, assess against a party reasonable attorney fees, expert witness fees, discovery costs, transcript fees or other expenses of the commission or another party to a proceeding if a party has filed a pleading with the commission that is interposed for an improper purpose, such as to harass, cause unnecessary delay or needlessly increase the cost of litigation. Any sanction imposed by the commission shall be pursuant to and consistent with § 15-6-11 .

Source: SL 1992, ch 328, § 40.
S.D. Codified Laws § 49-34A-47 — SD Code / Title 49 / Chapter 34A / Section 49-34A-47
Time of payments to municipality
Status: in_force

The amounts due in §§ 49-34A-45 and 49-34A-46 shall be paid on or before May second following the end of the calendar year for which the payment is being made.

Source: SL 1965, ch 254, §§ 28, 29; SDCL, §§ 49-41-31, 49-41-32; SL 1970, ch 261, §§ 28, 29; SL 1975, ch 283, § 42 (6).
S.D. Codified Laws § 49-32-11 — SD Code / Title 49 / Chapter 32 / Section 49-32-11
Activities bringing persons or equipment in proximity to high voltage lines prohibited--Violation as misdemeanor
Status: in_force

No person may, individually or through an agent or employee, and no person as an agent or employee of another person, may perform or permit another to perform any function or activity if it is probable that during the performance of such activity any person or any tool, equipment, machinery, or material engaged in performing work connected with such activity, will move to, or be placed in, a position within ten feet of any high voltage overhead electrical line or conductor. A violation of this section is a Class 2 misdemeanor.

Source: SL 1973, ch 288, § 2; SL 1983, ch 15, § 130; SL 2002, ch 215, § 1.
S.D. Codified Laws § 49-32-3 — SD Code / Title 49 / Chapter 32 / Section 49-32-3
Moving structures across or under utility's lines--Notice to utility--Deposit for costs
Status: in_force

Section 49-32-2 does not apply to the lawful moving of any structure along or across any public highway by a person who has used all necessary means to prevent injury to a utility's lines and who:

(1) Provides no less than forty - eight hours notice, which notice shall be calculated as two working days of the utility, of his intention to move a structure under or across a utility's lines to the nearest managing agent of the utility which owns the lines that must be moved;

(2) Informs the utility of the approximate time he intends to move the structure under or across the utility's lines; and

(3) Renders in advance of the move a reasonable deposit to the utility which shall equal the utility's estimated cost of its expenses in moving any lines.

The deposit shall include the utility's reasonable direct costs of all labor, materials and equipment, not including profit or common overhead costs, associated with accommodating the structure move. After the movement of the structure has been completed, the utility shall refund any deposit given in excess of the utility's direct cost incurred in moving its lines or the utility may bill the person moving the structure for the utility's direct cost incurred in excess of the deposit. The utility shall provide the person moving the structure with an itemized estimate when requiring a deposit and an itemized bill accounting for all direct costs after the move has been completed. No utility may charge any cost for monitoring the movement of a structure under its lines if it is not required to remove or lift any utility lines. No utility may require, as a condition precedent to the move, that a mover or the party owning the structure being moved sign a contract which adds terms regarding the movement of the structure inconsistent with this section.

Source: SDC 1939, § 13.4520; SL 1987, ch 345, § 87; SL 1992, ch 329.
S.D. Codified Laws § 49-16A-1 — SD Code / Title 49 / Chapter 16A / Section 49-16A-1
Definitions of terms
Status: in_force

Terms used in this chapter mean:

(1) "Common carrier," a carrier which holds itself out to the general public as engaged in the business of transporting freight in intrastate commerce which it is accustomed to and is capable of transporting from place to place in this state, for hire;

(2) "Department," the Department of Transportation created by chapter 1-44 ;

(3) "For hire," the condition of receiving remuneration of any kind, paid or promised, either directly or indirectly, for the transportation of freight;

(4) "Freight," all property tendered for transportation by a railroad;

(5) "Railroad," any association or corporation, or other entity, other than a state agency or authority, engaged in operating a common carrier by rail regardless of motive power used, excluding street railroads;

(6) "Road," all track, right - of - way, bridges, mainlines, branchlines, spurs, sidetracks, interchanges, and all other fixtures and real property owned or operated by a railroad to discharge its obligations as a common carrier by rail;

(7) "Shipper," a consignor or consignee;

(8) "Commission," the Transportation Commission created by § 1-44-4 ;

(9) "Negotiated in good faith," a bona fide offer to pay all costs and damages as compensation for the acquisition of property desired by the applicant for the construction or reconstruction of a road, including the economic costs or diminution associated with or caused by the construction or reconstruction if there is a partial taking of property.

Source: SL 1980, ch 322, § 1; SL 1990, ch 372, § 1; SL 1999, ch 222, § 3.
S.D. Codified Laws § 49-33-30 — SD Code / Title 49 / Chapter 33 / Section 49-33-30
Consolidation or merger with other corporations--Approval of plan
Status: in_force

Any corporation organized under chapter 49-33 may merge with any one or more other corporations, domestic or foreign, into a single corporation, which may be any one of the constituent corporations, or may consolidate with any such corporations into a new corporation formed by the consolidation. Each of the constituent corporations shall enter into a plan of merger or consolidation. Such plan shall, in the case of each corporation organized under this chapter, first be approved by the board of directors of each such corporation and shall thereafter be submitted to and approved by each such corporation by a vote of the stockholders holding a majority, or such greater percentage as is provided in its articles of incorporation, of each class of the corporation's outstanding stock entitled to vote thereon under the corporation's articles of incorporation at an annual or special meeting of stockholders called by the board of directors for the purpose of acting on the plan. Such consolidation or merger shall otherwise be in conformance with and enjoy the benefits of §§ 47-1A-1101 to 47-1A-1108 , inclusive.

Source: SL 1986, ch 396, § 11; SL 2005, ch 202, § 11.
S.D. Codified Laws § 49-16B-2 — SD Code / Title 49 / Chapter 16B / Section 49-16B-2
Definitions of terms
Status: in_force

Terms used in this chapter mean:

(1) "Authority," the South Dakota Railroad Authority;

(2) "Railroad facilities," or "facilities," all property either real, personal, or mixed used or useful in the conduct of railroad services.

Source: SL 1980, ch 323, § 2; SL 1996, ch 20, § 22.
S.D. Codified Laws § 49-16A-100.8 — SD Code / Title 49 / Chapter 16A / Section 49-16A-100.8
Additional requirements imposed by railroad--Objection by utility--Petition for resolution of objection--Appeal
Status: in_force

If a railroad asserts in writing by certified mail return receipt requested that special circumstances exist, or imposes additional requirements upon a utility for crossing its lines, other than the proposed crossing being a serious threat to the safe operations of the railroad or to the current use of the railroad right-of-way, the utility may object to one or more of the requirements. In such event, the utility shall provide notice of the objection and the specific basis of the objection to the railroad by certified mail, return receipt requested. If the parties are unable to resolve the objection, either party may petition the Public Utilities Commission for resolution of the objection within thirty days from receipt of the objection. Before filing a petition, the parties shall confer in good faith in an attempt to resolve the objection. If a petition is filed, the Public Utilities Commission, within ninety days of filing the petition, shall determine, after notice and opportunity for hearing, whether special circumstances exist that necessitate additional requirements for the placement of the crossing. The order may be appealed pursuant to chapter 1-26 . The Public Utilities Commission shall assess its costs associated with a petition equitably against the parties.

Source: SL 2014, ch 217, § 6; SL 2016, ch 223, § 7.
S.D. Codified Laws § 49-32-4 — SD Code / Title 49 / Chapter 32 / Section 49-32-4
Municipal regulation of movement of buildings or location of equipment
Status: in_force

Nothing in § 49-32-2 or 49-32-3 may be construed to deprive municipalities of the right to regulate by ordinance the moving of buildings, or the location of telecommunications facilities or electric lines or wires within their respective limits.

Source: SDC 1939, § 13.4520; SL 1987, ch 345, § 88; SL 1992, ch 60, § 2.
S.D. Codified Laws § 49-32A-19 — SD Code / Title 49 / Chapter 32A / Section 49-32A-19
Permits and licenses held by district
Status: in_force

A translator district organized under this chapter may apply for, accept, and be the holder of any permit or license issued by or required under federal or state law.

Source: SL 1976, ch 76, § 9; SL 1979, ch 315, § 7.
S.D. Codified Laws § 49-31-80 — SD Code / Title 49 / Chapter 31 / Section 49-31-80
Suspension or modification to carrier with small service area
Status: in_force

Consistent with 47 U.S.C. § 251(f)(2) as of January 1, 1998, the commission may grant a suspension or modification of any of the interconnection or other requirements set forth in 47 U.S.C. §§ 251(b) and 251(c), as of January 1, 1998, to any local exchange carrier which serves fewer than two percent of the nation's subscriber lines installed in the aggregate nationwide. Any such carrier shall petition the commission for the suspension or modification. The commission shall grant the petition to the extent that, and for such duration as, the commission determines that the requested suspension or modification is consistent with the public interest, convenience, and necessity and is necessary:

(1) To avoid a significant adverse economic impact on users of telecommunications services generally;

(2) To avoid imposing a requirement that is unduly economically burdensome; or

(3) To avoid imposing a requirement that is technically infeasible.

The commission may suspend enforcement of the requirement or requirements identified in the petition pending final action on the requested suspension or modification.

Source: SL 1998, ch 274, § 18.
S.D. Codified Laws § 49-31-95 — SD Code / Title 49 / Chapter 31 / Section 49-31-95
Commission authorized to investigate complaints
Status: in_force

If the commission receives more than two complaints within thirty days regarding violations of § 49-31-89 , the commission may require the telecommunications company responsible for the violations to provide the commission with a complete list of its current subscribers, including the subscribers' billing addresses. The list may be filed as confidential consistent with the commission's rules. The commission may contact each subscriber to determine whether any subscriber has been subject to an unauthorized change in a telecommunications company or billed for unauthorized products or services. If the commission finds, after notice and opportunity for hearing, that a telecommunications company has committed two separate violations of § 49-31-89 within one year, the commission may assess the costs of contacting subscribers to the telecommunications company.

Source: SL 1999, ch 227, § 7.
S.D. Codified Laws § 49-37-12 — SD Code / Title 49 / Chapter 37 / Section 49-37-12
Private industry prohibited from owning assets of district--Consent of voters--Sale of individual items permitted
Status: in_force

Neither by sale under foreclosure, receivership or bankruptcy proceedings, nor by alienation in any other manner, may the property of a consumers power district become the property or come under the control of any private person, firm or corporation engaged in the business of generating, transmitting or distributing electricity for profit, by action of the directors of said district without consent of the voters of the district as expressed by a majority vote at any regular or special election called and held for such purpose. But nothing in this section contained shall prevent the district from selling any individual item of equipment, machinery, supplies or facilities which shall be considered by the directors as surplus, obsolete, or no longer necessary to the operation of the district.

Source: SL 1950 (SS), ch 17, § 61; SDC Supp 1960, § 52.1760.
S.D. Codified Laws § 49-32A-5 — SD Code / Title 49 / Chapter 32A / Section 49-32A-5
Feasibility study by professional engineering consultant--Scope of study
Status: in_force

Before any further action is taken the board of county commissioners shall order a feasibility study to be made by a professional engineering consultant as defined in this chapter. The feasibility study shall include recommendations, including but not limited to the type and amount of equipment necessary, the area that may be served adequately, estimated predictions of necessary maintenance requirements for maximum quality video reception and all costs relating thereto. This feasibility study shall also include alternative coverage area proposals and cost estimates relating thereto.

Source: SL 1976, ch 76, § 4.
S.D. Codified Laws § 49-17-28 — SD Code / Title 49 / Chapter 17 / Section 49-17-28
Acceptance of funds for improvement of branch line service
Status: in_force

The Department of Transportation with the approval of the South Dakota Transportation Commission shall be authorized to accept and expend for the purposes of §§ 49-17-22 and 49-17-23 , funds which it may obtain from any source including funds received from railroad corporations under the terms of § 49-17-26 .

Source: SL 1978, ch 342, § 5.
S.D. Codified Laws § 49-34-10 — SD Code / Title 49 / Chapter 34 / Section 49-34-10
Foreclosure of security--Succession to rights and powers
Status: in_force

In case of a judicial sale by virtue of any trust deed or mortgage authorized by § 49-34-9 , any person or any other corporation organized under the provisions of chapter 49-33 may become the purchaser thereat, and the person or corporation acquiring title under such sale, his or its associates, successors or assigns shall thereafter have, exercise, and enjoy all the rights, powers, franchises, and advantages, which were possessed by such corporation making the same or contracting the debt, as fully and absolutely as such corporation, its officers, or agents might have done had such sale not taken place.

Source: SDC 1939, § 52.1516; SL 1947, ch 237.
S.D. Codified Laws § 49-41B-13 — SD Code / Title 49 / Chapter 41B / Section 49-41B-13
Denial, return, or amendment of application--Grounds--Applicant permitted to make changes
Status: in_force

An application may be denied, returned, or amended at the discretion of the Public Utilities Commission for:

(1) Any deliberate misstatement of a material fact in the application or in accompanying statements or studies required of the applicant;

(2) Failure to file an application generally in the form and content required by this chapter and the rules promulgated thereunder; or

(3) Failure to deposit the initial amount with the application as required by § 49-41B-12 .

The commission shall, upon denying or returning an application, provide the applicant with reasons for such action and shall allow the applicant to make changes in the application in order to comply with the requirements of this chapter.

Source: SL 1977, ch 390, § 28.
S.D. Codified Laws § 49-34B-26 — SD Code / Title 49 / Chapter 34B / Section 49-34B-26
Prohibition against disposing of, destroying or altering pipeline involved in emergency release--Violation as felony
Status: in_force

After an emergency release from a pipeline has occurred, no pipeline operator, or its employee or agent, may dispose of, destroy, or alter the part of a pipeline that was involved in the emergency release until approval is granted by the commission. This section does not prevent an operator from taking appropriate action to limit or prevent the further release of gas. The authority of the commission to grant approval may not be delegated.

This section may not be construed to prevent the excavation and removal from the ground of a pipeline or part of a pipeline if the pipeline is not intentionally altered in a manner that prevents or hinders a determination of the cause of the emergency release. A person who knowingly violates the provisions of this section, or who denies the commission access to the pipeline for the purposes of inspection, is guilty of a Class 5 felony.

Source: SL 1994, ch 357, § 25.
S.D. Codified Laws § 49-31-54 — SD Code / Title 49 / Chapter 31 / Section 49-31-54
Administrative cost for collection of fee
Status: in_force

The local exchange telecommunications company may deduct and retain one hundred dollars or one percent of the collected amount, whichever is greater, as the cost of administration for collecting the charge.

Source: SL 1989, ch 401, § 5A.
S.D. Codified Laws § 49-17-19 — SD Code / Title 49 / Chapter 17 / Section 49-17-19
Acceptance by commission of funds for railroad improvement--Acquisition, construction and operation of facilities
Status: in_force

The South Dakota Transportation Commission may apply for, accept and expend federal, state, local, and private funds for the improvement of rail transportation. The Transportation Commission may contract for the acquisition, construction, improvement, maintenance, or operation of railroads or railroad facilities.

Source: SL 1978, ch 343, § 1.
S.D. Codified Laws § 49-34B-22 — SD Code / Title 49 / Chapter 34B / Section 49-34B-22
Trade secrets confidential--Limited disclosure
Status: in_force

All information granted to, reported to, or obtained by the commission under this chapter, which is a trade secret, as defined in § 37-29-1 , is confidential, except that the information may be disclosed to the commission or its agent responsible for enforcing this chapter. Nothing in this section authorizes the withholding of information by the commission from a committee of the Legislature.

Source: SL 1994, ch 357, § 21; SL 1997, ch 268, § 8; SL 1999, ch 230, § 8; SL 2001, ch 258, § 8; SL 2003, ch 240, § 8; SL 2005, ch 247, § 8; SL 2007, ch 273, § 13; SL 2009, ch 242, § 9; SL 2010, ch 225, § 9; SL 2011, ch 210, § 9; SL 2012, ch 231, § 10; SL 2016, ch 226, § 9; SL 2019, ch 199, § 9; SL 2023, ch 158, § 8; SL 2026, ch 186, § 8.
S.D. Codified Laws § 49-16B-36 — SD Code / Title 49 / Chapter 16B / Section 49-16B-36
Interim notes--Secured by pledge--Repayment from sale of revenue bonds and property acquired
Status: in_force

All such notes and the interest thereon may be secured by a pledge of any income and revenue derived by the authority from the project to be undertaken with the proceeds of the notes, after deducting from such income and revenue any reasonable and necessary maintenance and operation expenses, and shall be payable solely from the proceeds to be derived from the sale of any revenue bonds for permanent financing authorized to be issued under §§ 49-16B-23 to 49-16B-30 , inclusive, and from the property acquired with the proceeds of the notes.

Source: SL 1980, ch 323, § 32.
S.D. Codified Laws § 49-31-3.4 — SD Code / Title 49 / Chapter 31 / Section 49-31-3.4
Reclassification proceeding--Factors in determining reclassification--Burden of proof--Stay of price change--Penalties and costs for spurious petition
Status: in_force

The commission, on its own motion or upon petition, shall commence regulation or reclassify a telecommunications service previously classified by the Legislature or the commission as a fully competitive service or an emerging competitive service if, after hearing or investigation, the commission finds:

(1) That the market for that emerging competitive service does not satisfy the criteria of § 49-31-3.2 and does not have alternative telecommunications services available to over twenty percent of the telecommunications company's customers for that service; or

(2) That the market for that fully competitive service does not satisfy the criteria of § 49-31-3.2 and does not have alternative telecommunications services available to over fifty percent of the telecommunications company's customers for that service.

In any proceeding to reclassify a telecommunications service, the person initiating the petition has the burden of proving that the existing classification is inappropriate, except the telecommunications company providing the service has the burden of proving that the classification is appropriate if the proceeding is commenced by the commission on its own motion. Upon the filing of a petition under this section and upon application, the commission may enter an order staying a price change, for not more than thirty days, for the disputed service pending a hearing on the merits of the petition, for reasonable cause shown. If a petition under this section is found to be spurious or vexatious, the commission may assess reasonable penalties and costs against the petitioning party, which may include reasonable attorney fees. However, the penalties and costs may not be assessed against the commission.

Source: SL 1988, ch 375, § 10; SL 1992, ch 328, § 6.
S.D. Codified Laws § 49-16B-19 — SD Code / Title 49 / Chapter 16B / Section 49-16B-19
Leases to Department of Transportation--Rents payable solely from appropriations--Amount
Status: in_force

Leases to the Department of Transportation shall contain the provision that rents under the leases are payable solely from appropriations to be made by the Legislature for the payment of rent under the leases may not exceed an amount sufficient to pay principal of and interest on the bonds and a proportion of the administrative expenses of the authority as provided for by each lease, and such reserves as may be provided in the resolutions of issuance.

Source: SL 1980, ch 323, § 19; SL 1996, ch 20, § 26.
S.D. Codified Laws § 49-16A-89 — SD Code / Title 49 / Chapter 16A / Section 49-16A-89
Crossings--Erection of lighting or alarms at order of department
Status: in_force

If, in the opinion of the Department of Transportation, it is necessary for the safety and protection of the public that street crossings over railroad tracks be lighted or street crossing alarms be installed to notify the public of approaching trains, the department shall order the railroad over whose road such street crosses to install crossing alarms or order the crossings to be lighted, or order both alarms and lighting by the railroad in a manner and method as, in the opinion of the department, will be the most suitable for the protection of the public.

Source: SDC 1939, § 52.0927; SDCL, § 49-25-15; SL 1980, ch 322, § 88; SL 1984, ch 216, § 5.
S.D. Codified Laws § 49-16C-1 — SD Code / Title 49 / Chapter 16C / Section 49-16C-1
Railroad trust fund--Creation--Expenditure
Status: in_force

For the purposes of planning, enlarging, maintaining, equipping, and protecting railroads and railroad facilities, there is hereby created a special fund within the state treasury known as the railroad trust fund. All moneys in the fund, except as otherwise provided in this chapter, shall be expended in accordance with the provisions of chapter 4-7 , chapter 4-8 , chapter 4-8A , and chapter 4-8B .

Source: SL 1981, ch 100, § 3.
S.D. Codified Laws § 49-31-78 — SD Code / Title 49 / Chapter 31 / Section 49-31-78
Commission shall designate eligible telecommunications carrier for service area--Right to relinquish designation
Status: in_force

The commission shall designate a common carrier as an eligible telecommunications carrier for a service area designated by the commission consistent with 47 U.S.C. § 214(e) as of January 1, 1998. The commission may permit an eligible telecommunications carrier to relinquish its designation as such a carrier in any area served by more than one eligible telecommunications carrier consistent with 47 U.S.C. § 214(e)(4) as of January 1, 1998. The commission may designate a common carrier or carriers to provide service to unserved areas that request such service consistent with 47 U.S.C. § 214(e)(3) as of January 1, 1998. The commission may not in an area served by a rural telephone company designate more than one eligible telecommunications carrier absent a finding that the additional designation would be in the public interest.

Source: SL 1998, ch 274, § 16.
S.D. Codified Laws § 49-16A-80 — SD Code / Title 49 / Chapter 16A / Section 49-16A-80
Entry and appropriation for changing location or grade--Surveys
Status: in_force

For the purpose of making any change in the location and grades of a road pursuant to § 49-16A-79 , a railroad has all the rights, powers, and privileges to enter upon and appropriate such real property and make surveys necessary to effect such changes and grades, upon the same terms and subject to the same obligations, rules, and regulations as are prescribed by law.

Source: SDC 1939, § 52.0807; SDCL, § 49-19-20; SL 1980, ch 322, § 79.
S.D. Codified Laws § 49-17A-28 — SD Code / Title 49 / Chapter 17A / Section 49-17A-28
Revenues and funds pledged to payment of bonds and notes--Negotiability
Status: in_force

Every issue of bonds or notes of the authority shall be payable out of revenues or funds of the authority, subject only to agreements with the holders of particular bonds or notes pledging any particular revenues or funds. An authority may issue types of bonds or notes as it may determine, including those payable as to principal and interest solely from one or more revenue producing contracts made by the authority or from its revenues generally. Any bonds or notes may additionally be secured by a pledge of any grant, subsidy or contribution from any public agency, or other person, or a pledge of revenue, income or funds from any source whatsoever. All such bonds and notes shall be negotiable within the meaning of the Uniform Commercial Code, subject only to any registration requirement.

Source: SL 1978, ch 344, § 26.
S.D. Codified Laws § 49-16B-31 — SD Code / Title 49 / Chapter 16B / Section 49-16B-31
Interim notes--Purposes for which authorized
Status: in_force

In addition to the permanent financing authorized by §§ 49-16B-23 to 49-16B-30 , inclusive, the authority may borrow money and issue interim notes in evidence thereof for any of the projects, or to perform any of the duties authorized under this chapter, and in addition may borrow money and issue interim notes for planning, design, and engineering services, acquisition of land, purchase of equipment, movable or otherwise as set forth in §§ 49-16B-32 to 49-16B-39 , inclusive.

Source: SL 1980, ch 323, § 30.
S.D. Codified Laws § 49-31-1.5 — SD Code / Title 49 / Chapter 31 / Section 49-31-1.5
Unsolicited telephone call defined
Status: in_force

For the purposes of this chapter, the term, unsolicited telephone call, means any telephone solicitation call other than a call made:

(1) In response to an express request of the person called;

(2) Primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of such call; or

(3) To any person with whom the telephone solicitor, or any business or financial institution on whose behalf the telephone call is being made has an established business relationship.

Source: SL 2007, ch 266, § 1.
S.D. Codified Laws § 49-16B-30 — SD Code / Title 49 / Chapter 16B / Section 49-16B-30
Contract with holders--Enforcement
Status: in_force

The provisions of this chapter and of any resolution or proceeding authorizing the issuance of bonds constitutes a contract with the holders of such bonds. The provisions are enforceable either in law or in equity, by suit, action in mandamus or other proceeding in any court of competent jurisdiction to enforce and compel the performance of any duties required by this chapter or any resolution or proceeding authorizing the issuance of the bonds, including the establishment of sufficient charges, fees, or rentals and the application of the income from a project under this chapter as provided in § 49-16B-26 .

Source: SL 1980, ch 323, § 29; SL 2010, ch 145, § 199.
S.D. Codified Laws § 49-34A-9 — SD Code / Title 49 / Chapter 34A / Section 49-34A-9
Deviation from schedules of rates and charges prohibited--Violation as petty offense--Separate offenses
Status: in_force

No public utility may, directly or indirectly, by any device whatsoever or in any manner, charge, demand, collect, or receive from any person a greater or lesser compensation for any service within the jurisdiction of the Public Utilities Commission rendered or to be rendered by such public utility than prescribed in its schedules of rates and charges which have been filed with the commission as provided in this chapter. 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, § 4; SL 1983, ch 15, § 141.
S.D. Codified Laws § 49-41B-26 — SD Code / Title 49 / Chapter 41B / Section 49-41B-26
Accounting for expenditures of applicant's deposit--Refund of unused moneys
Status: in_force

The commission must provide the applicant with a full financial accounting relating to the expenditures of the amount received pursuant to § 49-41B-12 . Except for the twenty thousand dollar minimum fee required pursuant to § 49-41B-12 , unused moneys must be refunded to the applicant within thirty days of the commission's decision on the application.

Source: SL 1977, ch 390, § 6; SL 2015, ch 235, § 4; SL 2024, ch 191, § 2.
S.D. Codified Laws § 49-16A-61 — SD Code / Title 49 / Chapter 16A / Section 49-16A-61
Title relates back to filing--Subsequent grants invalid
Status: in_force

The title vested by the Governor's deed to such lands shall relate back to the date of the filing of the map with the commissioner of school and public lands pursuant to § 49-16A-58 . No subsequent grant from the state to any other person of any tract of land shall divest the railroad of its rights authorized by this chapter.

Source: SDC 1939, § 52.0817; SDCL, § 49-20-10; SL 1980, ch 322, § 60.
S.D. Codified Laws § 49-16A-49 — SD Code / Title 49 / Chapter 16A / Section 49-16A-49
Department of Transportation--Appearance before interstate commerce commission
Status: in_force

Whenever a matter is pending before the Interstate Commerce Commission of the United States, between a resident of this state as a petitioner and a railroad doing business in this state and engaged in interstate transportation of freight, charging such railroad with a violation of the Interstate Commerce Act, relating to abandonment, consolidation, merger, or inclusion, the Department of Transportation, after it determines that the questions involved are of public interest, may appear therein and be substituted as a party in place of the petitioner. Thereafter the matter shall be prosecuted by the department at the expense of the state in the same manner as though originally begun by it.

Source: SL 1979, ch 311, § 4; SDCL Supp, § 49-21-40; SL 1980, ch 322, § 48.
S.D. Codified Laws § 49-16A-8 — SD Code / Title 49 / Chapter 16A / Section 49-16A-8
Transportation or service at cut rate or discrimination as felony
Status: in_force

A person who knowingly offers, grants, gives, solicits, accepts, or receives by any means transportation or service provided for property by a railroad at less than the rate in effect or by practicing discrimination is guilty of a Class 6 felony.

Source: SL 1980, ch 322, § 8.
S.D. Codified Laws § 49-40-2 — SD Code / Title 49 / Chapter 40 / Section 49-40-2
Hypothecation of assets permitted
Status: in_force

If, in order to borrow money, it shall become necessary that a consumers power district mortgage, or otherwise hypothecate, any of its said property or assets to secure the payment of a loan or loans made to it, such district is hereby authorized and empowered to do so.

Source: SL 1950 (SS), ch 17, § 59; SDC Supp 1960, § 52.1758; SL 1975, ch 288.
S.D. Codified Laws § 49-30-16 — SD Code / Title 49 / Chapter 30 / Section 49-30-16
Rural telephone companies--Inability to procure majority of stockholders at meeting--Powers of stockholders attending--Binding effect of actions taken
Status: in_force

In the case of rural telephone companies where it is no longer possible, by reasonable diligence, to procure the attendance in person or by proxy of the owners of the proper majority of the shares of all the subscribed capital stock as shown by the books of the company, or a proper majority of the members if there be no capital stock, by reason of death, removal from the state, or the whereabouts of a stockholder or member being unknown, a lesser number of stockholders or members may meet, elect a board of directors and transact any other business necessary to the proper conduct of the telephone company or association or vote on resolutions to reorganize or dissolve the corporation, sell the corporate assets and repeal or amend the articles of incorporation, with the same force and effect as though a proper majority of such stockholders and members were present; provided further, any action taken by a lesser number than a proper majority shall not be binding upon the company or association unless at least two - thirds of all stockholders or members whose respective post - office address is known are represented in person or by proxy. An affidavit by the secretary or treasurer of the company or association generally stating that all of the members or stockholders of the company or association cannot be found and further stating the number of members or stockholders whose whereabouts are known, will be proof of reasonable diligence for the purposes of this section and certify the authority of the lesser number of known stockholders or members to so vote.

Source: SDC 1939, § 52.1305 as added by SL 1943, ch 178; SL 1955, ch 227, § 1.
S.D. Codified Laws § 49-17A-27 — SD Code / Title 49 / Chapter 17A / Section 49-17A-27
Issuance of bonds and notes--Purposes for which proceeds used
Status: in_force

An authority may from time to time issue its bonds or notes in such principal amounts as the authority shall deem necessary to carry out any of its corporate purposes and powers, including, but not limited to the funding or refunding of the principal of or interest or redemption premiums on, any bonds or notes issued by it whether or not the bonds or notes or interest to be funded or refunded have or have not become due, the establishment or increase of reserves to secure or to pay the bonds or notes or interest thereon, and the payment of or establishment of reserves for all other costs or expenses of the authority incident to and necessary to carry out its corporate purposes and powers.

Source: SL 1978, ch 344, § 25.
S.D. Codified Laws § 49-34A-11 — SD Code / Title 49 / Chapter 34A / Section 49-34A-11
Burden of proving reasonableness of rates
Status: in_force

The burden of proof to show that any rate filed is just and reasonable shall be upon the public utility filing same.

Source: SL 1975, ch 283, § 10.
S.D. Codified Laws § 49-41B-22.3 — SD Code / Title 49 / Chapter 41B / Section 49-41B-22.3
Reapplication for permit--Deposits and fees required
Status: in_force

The provisions of § 49-41B-12 relating to deposits and fees required of applicants shall apply to all reapplications made pursuant to §§ 49-41B-22.1 and 49-41B-22.2 .

Source: SL 1982, ch 333, § 3.
S.D. Codified Laws § 49-16A-88 — SD Code / Title 49 / Chapter 16A / Section 49-16A-88
Warning signs--Erection by county commissioners at expense of railroad
Status: in_force

If a railroad refuses or neglects, for more than thirty days after notice given by a board of county commissioners, to comply with the provisions of § 49-16A-87 , it is the duty of the board to erect the signs, and the railroad is liable for all expenses so incurred by the board.

Source: SDC 1939, § 52.0923; SDCL, § 49-25-18; SL 1980, ch 322, § 87.
S.D. Codified Laws § 49-43-4.4 — SD Code / Title 49 / Chapter 43 / Section 49-43-4.4
Issuance or denial of license
Status: in_force

Upon receipt of an application and sufficient bond, the commission may grant the license applied for or may, for good cause shown, deny the issuance of the license.

Source: SL 2008, ch 249, § 10.
S.D. Codified Laws § 49-7A-19 — SD Code / Title 49 / Chapter 7A / Section 49-7A-19
Penalties for intentional violations
Status: in_force

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

Source: SL 2002, ch 211, § 13.
S.D. Codified Laws § 49-1-8 — SD Code / Title 49 / Chapter 1 / Section 49-1-8
Creation of Public Utilities Commission--Secretary--Seal
Status: in_force

The Public Utilities Commissioners who are elected shall constitute a commission to be known and designated as the Public Utilities Commission of the State of South Dakota. The members of the commission shall elect a chairperson by majority vote and prescribe his duties. The commission shall have an official seal, which shall be judicially noticed.

Source: SDC 1939, §§ 52.0108, 52.0109; SL 1991, ch 380, § 1.
S.D. Codified Laws § 49-39-11 — SD Code / Title 49 / Chapter 39 / Section 49-39-11
Pledges of revenues and refunding securities--Validation--Retroactive application
Status: in_force

Sections 49-39-2 and 49-39-4 are retroactive and are effective as to any resolution or agreement adopted by any consumers power district with the purchasers or holders of revenue debentures, notes, warrants, bonds or other evidences of indebtedness heretofore or hereafter adopted or entered into pursuant to this chapter.

Source: SL 1983, ch 345, § 2; SL 1983, ch 346, § 2.
S.D. Codified Laws § 49-36-1.6 — SD Code / Title 49 / Chapter 36 / Section 49-36-1.6
Order of candidate names
Status: in_force

The order of names of director candidates certified by the secretary of state to each of the county auditors shall be arranged by lot. Any candidate has the right to be present or represented when the arrangement is being determined.

Source: SL 1989, ch 403, § 10.
S.D. Codified Laws § 49-37-9 — SD Code / Title 49 / Chapter 37 / Section 49-37-9
Duty to cause estimates before entering into contract--Joint projects excepted--Minimum number of bids
Status: in_force

Before any consumers power district enters into any contract for the construction, building, alteration, extension, or improvement of any power plant or system, or any part or section thereof, for the use of the district, or for the purchase of any materials, machinery, or equipment, excluding the purchase of electric power and energy, the district shall cause estimates of the cost thereof to be made by a competent engineer. If the estimated cost exceeds the sum of fifty thousand dollars, no contract may be entered into without advertising for sealed bids. However, this section does not apply to any consumers power district if the district, jointly with others, contracts for construction, building, alteration, extension, improvement, or leasing of any power plant or system. As far as practicable the board of directors shall secure at least two competitive quotations and retain them for their files. The board shall enter in the minutes a statement of the quotations received, identifying the bidder and the amount of the bid.

Source: SL 1950 (SS), ch 17, § 52; SDC Supp 1960, § 52.1752; SL 1973, ch 286, § 3; SL 1975, ch 287; SL 1983, ch 344; SL 1989, ch 403, § 21.
S.D. Codified Laws § 49-16A-119 — SD Code / Title 49 / Chapter 16A / Section 49-16A-119
Trains prohibited from blocking streets, roads or highways during emergency--Violation as misdemeanor
Status: in_force

A standing railroad engine or car may not occupy or block any street, road, or highway grade crossing for more than twenty consecutive minutes, if the path of any emergency vehicle making an emergency trip is blocked by the railroad engine or car, unless it is disabled, by accident or otherwise and cannot be moved without striking any object or person on track. A violation of this section by a railroad corporation is a Class 2 misdemeanor.

Source: SL 1994, ch 355.
S.D. Codified Laws § 49-2-11 — SD Code / Title 49 / Chapter 2 / Section 49-2-11
Rules governing carriers without reward
Status: in_force

Carriers without reward are subject to the same rules as employees without reward unless otherwise provided by statute. They must complete any undertaking they have commenced the same as if they had received reward, unless they restore the person or thing carried to as favorable position as before carriage was commenced.

Source: SDC 1939, § 8.0103.
S.D. Codified Laws § 49-41B-23 — SD Code / Title 49 / Chapter 41B / Section 49-41B-23
Waiver of compliance with chapter on grounds of urgency, disaster, or civil disorder
Status: in_force

The Public Utilities Commission may waive compliance with and provisions of this chapter if the utility or person submitting an application pursuant to the chapter demonstrates to the commission at a public hearing that an immediate, urgent need for a facility or an associated facility exists and that the utility or person submitting the application did not have knowledge that a need for the facility existed sufficiently in advance to fully comply with the provisions of this chapter. The commission may waive compliance with any of the provisions of this chapter upon receipt of notice by a utility or person that a facility, or an associated facility, has been damaged or destroyed as a result of fire, flood, or other natural disaster, or as a result of insurrection, war, or other civil disorder, and there exists a need for construction of a new facility, or the relation of a previously existing facility or associated facility in order to promote the public health, safety or welfare.

Source: SL 1977, ch 390, § 30.
S.D. Codified Laws § 49-13-7 — SD Code / Title 49 / Chapter 13 / Section 49-13-7
Record--Contents--Transcript of evidence
Status: in_force

In any action or proceeding based upon a complaint which comes before the commission, the commission shall keep a full, true, and verbatim record of all evidence introduced at any hearing or trial and prepare and file as a part of its record in the action or proceeding a true and correct transcript of the evidence, and attach all exhibits introduced at the trial. There shall be attached to the transcript a certificate from the recording secretary to the effect that it is a true and correct transcript of all testimony introduced at the trial. Provisions for transcripts in this section are not applicable to license application hearings under chapter 49-28 .

Source: SDC 1939, § 52.0306; SL 1984, ch 306, § 1; SL 1987, ch 345, § 23.
S.D. Codified Laws § 49-43-18 — SD Code / Title 49 / Chapter 43 / Section 49-43-18
Cancellation of receipt upon delivery of grain--Double delivery prohibited
Status: in_force

Upon the delivery of grain from storage upon any receipt issued by a public grain warehouse, such receipt shall be plainly marked across its face "canceled," and is thereafter void and may not again be put in circulation, nor may grain be delivered twice upon the same receipt.

Source: SDC 1939, § 60.0317; SL 1985, ch 376, § 38.
S.D. Codified Laws § 49-17A-30 — SD Code / Title 49 / Chapter 17A / Section 49-17A-30
Mortgages and deeds of trust to secure obligations--Filing
Status: in_force

For the security of such bonds or notes the authority may execute and make mortgages or deeds of trust of the whole or any part of its property which, together with any assignments or release thereof, shall be filed in the Office of the Secretary of State.

Source: SL 1978, ch 344, § 28; SL 1986, ch 27, § 52.
S.D. Codified Laws § 49-35-32 — SD Code / Title 49 / Chapter 35 / Section 49-35-32
Citation of chapters
Status: in_force

Chapters 49-35 to 49-40 , inclusive, may be cited as the "Consumers Power Districts Law."

Source: SL 1950 (SS), ch 17, § 1; SDC Supp 1960, § 52.1701.
S.D. Codified Laws § 49-41B-19.1 — SD Code / Title 49 / Chapter 41B / Section 49-41B-19.1
Public comments on application
Status: in_force

The commission shall accept public comments on all applications filed under this chapter. Comments may be collected and forwarded to the commission on behalf of the commentators. The commission shall publish on the commission's website all comments that are accepted pursuant to this section, and may publish substantially similar comments by publishing one of the comments and attributing the content of the comment to a number of persons.

Source: SL 2019, ch 200, § 11.
S.D. Codified Laws § 49-16A-36 — SD Code / Title 49 / Chapter 16A / Section 49-16A-36
Notice of loss, injury or claim--Minimum time to be allowed--Contrary contractual provision void
Status: in_force

Any provision, stipulation, or condition in a contract for carriage or other agreement made or entered into by or between a railroad and the owner or shipper of any freight, which provides that written or verbal notice of loss or injury, or of a claim, shall be made or given to the railroad or to any agent or officer thereof, or to any other person within any period less than four months from the date of the occurrence of any such loss or injury, is void.

Source: SDC 1939, § 52.0252; SDCL, § 49-5-31; SL 1980, ch 322, § 36.
S.D. Codified Laws § 49-31-31.2 — SD Code / Title 49 / Chapter 31 / Section 49-31-31.2
Caller identification--Fictitious or misleading--Exceptions
Status: in_force

The provisions of subdivision 49-31-31 (5) do not apply to:

(1) An authorized activity of a law enforcement agency;

(2) Any investigative, protective, or intelligence activity of a law enforcement agency of the United States, this state or its political subdivisions, or another state or its political subdivisions; or an intelligence agency of the United States;

(3) A protective services or domestic violence shelter or facility;

(4) A telecommunications company in:

(a) Blocking or restricting the name or phone number from being displayed by caller identification equipment or devices; or

(b) Displaying caller identification data sent to the company from the caller; or

(5) Any activity pursuant to a court order that specifically authorizes the use of caller identification manipulation.

Source: SL 2022, ch 170, § 2.