reglab/housing_qa huggingface dataset:
SD Codified L § 49-43-40 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-40 - Inspection of grain warehouses--Subpoena power and examination of witnesses.

49-43-40. Inspection of grain warehouses--Subpoena power and examination of witnesses.The commission shall cause every public grain warehouse, whether licensed or unlicensed, to be inspected at such times as the commission considers necessary. The inspector shall report in writing to the commission the result of the inspection. The inspector may, at any time during business hours, enter any public grain warehouse or any structure, vehicle, or enclosure in which the books and accounts of any public grain warehouse are kept, and may examine all the books, accounts, and electronic records relating to the transaction of business in such public grain warehouse either within or without the state. The commission may in all matters arising under this chapter exercise the power of subpoena and examine witnesses in accordance with chapter 1-26. Source: SL 2008, ch 249, §28; SL 2011, ch 211, §4.
SD Codified L § 49-43-41 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-41 - Civil fine for failure to give commission access to records.

49-43-41. Civil fine for failure to give commission access to records.Any public grain warehouse operator in the state who refuses access to the warehouse's books and accounts or hinders and delays the commission or any of its employees or agents in examining the books and accounts, may be punished by a civil fine not exceeding two thousand dollars. Source: SL 2008, ch 249, §29; SL 2013, ch 238, §5, eff. Apr. 1, 2013.
SD Codified L § 49-43-42 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-42 - Memorandum of adjustments.

49-43-42. Memorandum of adjustments.Upon completing an inspection an inspector may issue a memorandum of adjustments. The commission may assess a civil fine in the amount of two hundred dollars for failure to comply with the memorandum of adjustments within thirty days. After thirty days, each day that the memorandum goes uncorrected may be considered a separate offense. Source: SL 2008, ch 249, §30.
SD Codified L § 49-43-43 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-43 - Provisions regarding uniform warehouse receipts applicable.

49-43-43. Provisions regarding uniform warehouse receipts applicable.Unless otherwise specifically provided by this chapter, the provisions regarding uniform warehouse receipts in chapter 57A-7 apply to the receipts and contracts of public grain warehouses operating within this state. Source: SL 2008, ch 249, §31.
SD Codified L § 49-43-44 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-44 - Issuance of receipt for goods not actually received or under the warehouse's control as felony.

49-43-44. Issuance of receipt for goods not actually received or under the warehouse's control as felony.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.
SD Codified L § 49-43-45 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-45 - Issuance of receipt with false statement as misdemeanor.

49-43-45. Issuance of receipt with false statement as misdemeanor.Any grain warehouse operator, or any officer, agent, or employee who fraudulently issues a receipt for goods knowing that it contains any false statement, is guilty of a Class 1 misdemeanor. Source: SL 2008, ch 249, §33.
SD Codified L § 49-43-46 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-46 - Issuance of duplicate receipt not marked as duplicate prohibited--Exceptions--Violation as felony.

49-43-46. Issuance of duplicate receipt not marked as duplicate prohibited--Exceptions--Violation as felony.Any grain warehouse operator, or any officer, agent or employee, who issues a duplicate or additional negotiable receipt for goods knowing that a former negotiable receipt for the same goods or any part of them is outstanding and uncanceled, without plainly placing upon the face thereof the word, duplicate, except in the case of a lost or destroyed receipt after proceedings as provided for in subdivision 57A-7-601(1), is guilty of a Class 5 felony. Source: SL 2008, ch 249, §34.
SD Codified L § 49-43-47 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-47 - Receipt for goods owned by warehouse solely or with another to state ownership--Violation as misdemeanor.

49-43-47. Receipt for goods owned by warehouse solely or with another to state ownership--Violation as misdemeanor.If there are deposited with or held by a warehouse goods of which the warehouse is owner, either solely or jointly or in common with others, the warehouse operator, or any officer, agent, or employee, who, knowing this ownership, issues or aids in issuing a negotiable receipt for such goods which does not state the ownership, is guilty of a Class 1 misdemeanor. Source: SL 2008, ch 249, §35.
SD Codified L § 49-43-48 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-48 - Receipt to be obtained at or before delivery of goods from warehouse--Violation as misdemeanor.

49-43-48. Receipt to be obtained at or before delivery of goods from warehouse--Violation as misdemeanor.Any grain warehouse operator, or any officer, agent, or employee, who delivers goods out of the possession of the grain warehouse, knowing that a negotiable receipt, the negotiation of which would transfer the right to the possession of such goods, is outstanding and uncanceled, without obtaining the possession of the receipt at or before the time of the delivery, except in the cases provided for in subdivisions 57A-7-206(1) to (3), inclusive, subdivisions 57A-7-210(1) and (2), and subdivision 57A-7-601(1), is guilty of a Class 1 misdemeanor. Source: SL 2008, ch 249, §36.
SD Codified L § 49-43-49 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-49 - Negotiation of receipt without disclosing lack of title or existence of lien as misdemeanor.

49-43-49. Negotiation of receipt without disclosing lack of title or existence of lien as misdemeanor.Any person who deposits goods to which the person does not have title, or upon which there is a lien or mortgage, and who takes for the goods a negotiable receipt which the person afterwards negotiates for value with intent to deceive and without disclosing the person's lack of title or the existence of the lien or mortgage is guilty of a Class 1 misdemeanor. Source: SL 2008, ch 249, §37.
SD Codified L § 49-43-50 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-50 - Appeal of commission decision.

49-43-50. Appeal of commission decision.An aggrieved party may appeal any decision of the commission made in the course of administration of this chapter in accordance with chapter 1-26. Source: SL 2008, ch 249, §38.
SD Codified L § 49-43-51 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-51 - Falsely weighing agricultural product as misdemeanor.

49-43-51. Falsely weighing agricultural product as misdemeanor.It is a Class 1 misdemeanor for any person to falsely weigh any grain or any other agricultural product. Source: SL 2008, ch 249, §39.
SD Codified L § 49-43-52 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-52 - Grain and warehouse fund established.

49-43-52. Grain and warehouse fund established.Any money collected by the commission pursuant to chapters 49-43 and 49-45 shall be paid into the state treasury and credited to the grain and warehouse fund which is hereby established in the state treasury. Any money credited in the fund and any interest earned on the fund are continuously appropriated to the commission for the implementation of the provisions of chapters 49-43 and 49-45. Source: SL 2008, ch 249, §40.
SD Codified L § 49-43-54 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-54 - Contract with independent provider to maintain electronic warehouse receipts.

49-43-54. Contract with independent provider to maintain electronic warehouse receipts.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.
SD Codified L § 49-43-55 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-55 - Commission approval of independent provider--Revocation of approval.

49-43-55. Commission approval of independent provider--Revocation of approval.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.
SD Codified L § 49-43-56 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-56 - Maintenance of secure electronic central filing system--Promulgation of rules.

49-43-56. Maintenance of secure electronic central filing system--Promulgation of rules.An independent provider shall file and maintain electronic warehouse receipts only on behalf of licensed warehouse operators who contract with the independent provider for those services. An independent provider shall maintain a secure electronic central filing system of electronic records including warehouse receipts and shall be independent of outside influence or bias in action or appearance. The provisions for issuance and cancellation of warehouse receipts found in this chapter apply to electronic warehouse receipts except to the extent the provisions are only applicable to paper receipts. The commission may promulgate rules in accordance with chapter 1-26 regarding the provisioning of a secure electronic central filing system of electronic documents by an independent provider, the approval or disapproval of the ability of an independent operator to operate in the state, and the issuance and cancellation of electronic warehouse receipts by an independent provider that operates in this state. Source: SL 2012, ch 232, §4.
SD Codified L § 49-43-57 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-57 - Depositor right to paper warehouse receipt.

49-43-57. Depositor right to paper warehouse receipt.No warehouse operator may require a depositor to accept an electronic warehouse receipt in lieu of a paper warehouse receipt. Source: SL 2012, ch 232, §5.
SD Codified L § 49-43-58 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-58 - Commission access to central filing system--Memorandum of adjustments--Civil penalties.

49-43-58. Commission access to central filing system--Memorandum of adjustments--Civil penalties.An independent provider shall allow the commission unrestricted access to the central filing system for electronic warehouse receipts maintained on behalf of warehouse operators licensed by the commission. The electronic warehouse receipt data shall be maintained for six years after cancellation of the receipts. Access shall be made available in a manner that allows interaction with commission warehouse examinations. Access shall be free of any charge or costs to the commission. The commission may exercise the power of subpoena and examine witnesses in accordance with chapter 1-26. An independent provider that refuses access to the independent provider's central filing system or hinders and delays the commission or any of its employees or agents in examining the books and accounts may be punished by a civil fine not to exceed two thousand dollars. In addition, the commission may revoke the ability of the independent provider to issue electronic warehouse receipts.Upon completing an inspection, an inspector may issue a memorandum of adjustments. The commission may assess a civil fine in the amount of two hundred dollars a day for failure to comply with the memorandum of adjustments within thirty days. After thirty days, each day that the memorandum goes uncorrected may be considered a separate offense. Source: SL 2012, ch 232, §6.
SD Codified L § 49-43-59 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-59 - Surrender of electronic warehouse receipt to commission--Grain receivership--Surety bond claim.

49-43-59. Surrender of electronic warehouse receipt to commission--Grain receivership--Surety bond claim.An independent provider shall allow for the commission to be a sole or joint holder of an electronic warehouse receipt if the issuing warehouse operator's license has been revoked and at least one of the following applies:(1)The electronic warehouse receipt has been surrendered to the commission by a claimant for the proceeds of a grain receivership pursuant to this chapter; or(2)The electronic warehouse receipt has been surrendered to the commission by a claimant for payment of a surety bond claim pursuant to this chapter.If an electronic receipt holder files a claim against a grain receivership or against the surety bond, the commission shall obtain the consent and instruction of the holder to change the holder information on the independent provider's central filing system. The independent provider shall take any action ordered by the commission in regard to an electronic warehouse receipt involved with a grain receivership or a surety bond claim. The commission shall provide documentary evidence of the claim and any resulting required action to the independent provider. Source: SL 2012, ch 232, §7.
SD Codified L § 49-43-60 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-60 - Independent provider to be authorized to transact business in South Dakota--Jurisdiction--Venue--Liability for costs.

49-43-60. Independent provider to be authorized to transact business in South Dakota--Jurisdiction--Venue--Liability for costs.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.
SD Codified L § 49-43-61 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-61 - Parent company furnishing financial statements responsible for financial obligations of licensed entity.

49-43-61. Parent company furnishing financial statements responsible for financial obligations of licensed entity.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.
SD Codified L § 49-43-62 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-62 - Notice to commission of grain warehouse's noncompliant financial condition--Violation as felony or misdemeanor--Civil fine.

49-43-62. Notice to commission of grain warehouse's noncompliant financial condition--Violation as felony or misdemeanor--Civil fine.If at any time 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 a Class 6 felony. A willful violation that does not result in a financial loss to a grain depositor is a Class 1 misdemeanor.In addition, the commission may assess a civil fine against an out of compliance grain warehouse in an amount not to exceed one thousand dollars for each day the grain warehouse has been out of compliance up to a maximum of twenty thousand dollars. Source: SL 2013, ch 238, §7, eff. Apr. 1, 2013.
SD Codified L § 49-43-63 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-63 - Owner, manager, or chief executive officer responsible for violation is subject to criminal penalty.

49-43-63. Owner, manager, or chief executive officer responsible for violation is subject to criminal penalty.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.
SD Codified L § 49-45-1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 45 - Grain Buyers|Section 49-45-1 - Grain buyer's license required--Violation as misdemeanor-- Injunction--Civil fine.

49-45-1. Grain buyer's license required--Violation as misdemeanor-- Injunction--Civil fine.Before transacting the business of a grain buyer in this state, a person shall obtain a grain buyer license from the commission. A violation of this section is a Class 1 misdemeanor. Each purchase of grain without a license is a separate offense.Operation as a grain buyer without a license may be enjoined upon complaint of the commission. In addition, the commission may assess a civil fine against an unlicensed grain buyer in the amount of one thousand dollars for each purchase of grain up to a maximum fine of twenty thousand dollars. Source: SL 1949, ch 434, §1; SL 1957, ch 488; SDC Supp 1960, §60.0335; SL 1983, ch 15, §174; SL 1985, ch 376, §71; SL 1992, ch 332, §5; SL 2008, ch 251, §1.
SD Codified L § 49-45-1.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 45 - Grain Buyers|Section 49-45-1.1 - Definitions.

49-45-1.1. Definitions.Terms used in this chapter mean:(1)"Commission," the Public Utilities Commission;(2)"Grain," grain, grain sorghums, beans, pulse crops, and oil seeds. The term does not include grain that has been cleaned, processed, and specifically identified for an intended use of planting for reproduction, grain received for consignment that will be processed by the consignee for an intended use of planting for reproduction, or grain purchased to feed livestock;(3)"Grain buyer," any person who purchases grain for the purpose of reselling the unprocessed grain or who purchases three hundred thousand dollars worth or more of grain directly from producers in a calendar year. 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;(4)"Person," any natural person, firm, corporation, company, limited liability company, partnership, association, joint stock company or the lessee, trustee, or receiver appointed by any court for any one of the foregoing;(5)"Voluntary credit sale," a sale of grain or seeds 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; and(6)"Producer," a person engaged in the business of grain production. 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.
SD Codified L § 49-45-3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 45 - Grain Buyers|Section 49-45-3 - Expiration, revocation, and suspension of license--Appeal.

49-45-3. Expiration, revocation, and suspension of license--Appeal.Each license issued pursuant to §49-45-1 expires on the next June thirtieth following the issuance of the license. The commission may at any time for cause shown revoke or suspend any grain buyer license. However, the grain buyer has the right of appeal from such decisions as provided by chapter 1-26 for the review of final decisions of the commission. Source: SL 1949, ch 434, §1; SL 1957, ch 488; SDC Supp 1960, §60.0335; SL 1974, ch 300; SL 1985, ch 376, §74; SL 2008, ch 251, §3.