reglab/housing_qa huggingface dataset:
SD Codified L § 49-41B-35 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-35 - Promulgation of rules.

49-41B-35. Promulgation of rules.To implement the provisions of this chapter regarding facilities, the commission shall promulgate rules pursuant to chapter 1-26. Rules may be adopted by the commission:(1)To establish the information requirements and procedures that every utility must follow when filing plans with the commission regarding its proposed and existing facilities;(2)To establish procedures for utilities to follow when filing an application for a permit to construct a facility, and the information required to be included in the application; and(3)To require bonds, guarantees, insurance, or other requirements to provide funding for the decommissioning and removal of a solar or wind energy facility. Source: SL 1977, ch 390, §26; SL 1986, ch 22, §24; SL 1990, ch 371, §4; SL 2005, ch 250, §4; SL 2007, ch 274, §3; SL 2019, ch 200, §2.
SD Codified L § 49-41B-36 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-36 - Authority to route or locate facilities not delegated to commission.

49-41B-36. Authority to route or locate facilities not delegated to commission.Nothing in this chapter is a delegation to the commission of the authority to route a transmission facility, or to designate or mandate location of an energy conversion facility, AC/DC conversion facility, solar energy facility, or wind energy facility. Source: SL 1977, ch 390, §2; SL 2005, ch 250, §5; SL 2006, ch 242, §6; SL 2019, ch 200, §3.
SD Codified L § 49-41B-37 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-37 - Citation of chapter.

49-41B-37. Citation of chapter.This chapter shall be known as the South Dakota Energy Facility Permit Act. Source: SL 1977, ch 390, §1.
SD Codified L § 49-41B-38 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-38 - Indemnity bond for damage to roads and bridges.

49-41B-38. Indemnity bond for damage to roads and bridges.In the case of any trans-state transmission facility or transmission facility as defined in this chapter, the Public Utilities Commission shall require any person performing any construction or survey work to furnish an indemnity bond in a reasonable amount, which shall be in lieu of any county or township indemnity bond pursuant to §§31-12-43 and 31-13-55. Such bond shall run in favor of, and for the benefit of, such townships, counties, or other governmental entities whose property is crossed by such trans-state transmission facility or transmission facility to insure that any damage beyond normal wear to public roads, highways, bridges, or other related facilities shall be adequately compensated. The form, terms, and conditions of such bond shall be subject to the approval of the Public Utilities Commission. Source: SL 1984, ch 213, §3.
SD Codified L § 49-41B-39 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 41B - Energy Conversion And Transmission Facilities|Section 49-41B-39 - Financial security for decommissioning of wind turbines.

49-41B-39. Financial security for decommissioning of wind turbines.All right and title in any financial security required by the commission for the decommissioning of wind turbines shall be controlled by the commission in accordance with the terms of the financial security agreement or instrument until the commission by order releases the security. The financial security of the person required to provide it may not be cancelled, assigned, revoked, disbursed, replaced, or allowed to terminate without commission approval.The commission may require, accept, hold, or enter into any agreement or instrument for the provision of financial security, including any funds reserved or held by any person to satisfy or guarantee the obligation of an owner of wind turbines permitted under this chapter, to decommission and remove the wind turbines. The form, term, and conditions of the financial security are subject to the approval of the commission. The commission shall determine any claim upon the financial security made by any landowner for decommissioning and removal of turbines.Any financial security provided under this chapter may not be pledged or used as security for any other obligation of the wind turbine owner, and is exempt from attachment or mesne process, from levy or sale on execution, and from any other final process issued from any court on behalf of third party creditors of the owner of the wind turbines. Any commission decision based on any claim made by the owner of the wind turbines for refund or return of the financial security, or for actual expenses of decommissioning, or any related agreements may be appealed.In any case, the commission may appear in court and defend the integrity and viability of the financial security for purposes of decommissioning and removal of wind turbines. The commission may not require any financial security from an owner of wind turbines who is also a public utility as defined in subdivision 49-34A-1(12). Source: SL 2019, ch 202, §1.
SD Codified L § 49-42A-1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 42A - Public Storage Warehouses|Section 49-42A-1 - Public storage warehouse defined.

49-42A-1. Public storage warehouse defined.A public storage warehouse is a public warehouse where any personal property except grain, as defined in subdivision 49-45-1.1(2), is received for storage for hire and that generates more than five thousand dollars in gross income from storage for hire per calendar year. A public storage warehouse does not include self- storage units where the depositor's personal property is kept separate from the personal property of other depositors. Source: SL 1985, ch 376, §10; SL 1986, ch 397, §1; SL 1996, ch 277, §6; SL 2008, ch 248, §1.
SD Codified L § 49-42A-8 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 42A - Public Storage Warehouses|Section 49-42A-8 - All property to be insured by public storage warehouse--Exception--Violation as misdemeanor.

49-42A-8. All property to be insured by public storage warehouse--Exception--Violation as misdemeanor.Unless other insurance coverage is agreed to in writing by the depositor, a public storage warehouse shall keep all personal property of depositors fully insured against loss by fire, windstorm, and extended coverage risks. Failure to keep insurance in place is a Class 1 misdemeanor. Source: SL 2008, ch 248, §2.
SD Codified L § 49-43-1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-1 - Grain delivered to warehouse considered stored--Other arrangements--Settlement.

49-43-1. Grain delivered to warehouse considered stored--Other arrangements--Settlement.Any grain delivered to a public grain warehouse shall be considered stored at the time of delivery unless an arrangement has been made with the public grain warehouse operator prior to or at the time of delivery to apply the grain on contract, for shipment or consignment, or for cash sale. Grain may be held in open storage, a grain bank account, or placed on a warehouse receipt. The warehouse shall issue a scale ticket for any grain received by the warehouse. The warehouse shall keep sufficient grain inventory to cover all stored grain. Settlement for all grain stored or sold shall be made immediately on demand by the owner. Source: SDC 1939, §60.0314; SL 1973, ch 287, §1; SL 1985, ch 376, §22; SL 2008, ch 249, §1.
SD Codified L § 49-43-1.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-1.1 - Definitions.

49-43-1.1. Definitions.Terms used in this chapter mean:(1)"Commission," the Public Utilities Commission of this state;(2)"Grain bank," grain which is received by a public grain warehouse from depositors for storage and is to be withdrawn and processed into feed as needed;(3)"Independent provider," a third party entity that maintains an electronic central filing system of electronic warehouse receipts;(4)"Open storage grain," grain received by a public grain warehouse from a depositor for which a warehouse receipt has not been issued or a purchase made and is not grain bank;(5)"Public grain warehouse," any public warehouse where grain, as defined in subdivision 49-45-1.1(2), is received for storage for hire. A public grain warehouse may also purchase, receive or handle grain in accordance with the provisions of chapter 49-45 relating to grain buyers;(6)"Receipt," a warehouse receipt which complies with the requirements of this chapter and the rules of the commission promulgated pursuant thereto. A warehouse receipt may be in an electronic form;(7)"Scale ticket," a memorandum issued by a public grain warehouse or grain buyer to a depositor at the time grain is initially delivered, showing the weight of the load, kind of grain, date of delivery, and indicates whether the grain is to be sold or stored under a warehouse receipt, in open storage, or in a grain bank account. Source: SL 1985, ch 376, §17; SL 1986, ch 397, §2; SL 1989, ch 404, §1; SL 1994, ch 359, §1; SL 2008, ch 249, §2; SL 2011, ch 211, §1; SL 2012, ch 232, §1.
SD Codified L § 49-43-2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-2 - Delivery constitutes bailment rather than sale.

49-43-2. Delivery constitutes bailment rather than sale.If any grain is delivered to any person doing a public grain warehouse business in this state and is held in open storage, in a grain bank account, or placed on a warehouse receipt, the delivery is a bailment and not a sale of the grain. Source: SDC 1939, §60.0315; SL 1985, ch 376, §24; SL 2008, ch 249, §3.
SD Codified L § 49-43-2.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-2.1 - Receipt for stored grain required--Exceptions--Form--Violation as misdemeanor.

49-43-2.1. Receipt for stored grain required--Exceptions--Form--Violation as misdemeanor.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.
SD Codified L § 49-43-3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-3 - Grain stored under receipt not liable to seizure--Insolvency of bailee.

49-43-3. Grain stored under receipt not liable to seizure--Insolvency of bailee.In no case is the grain stored under a receipt as required by §49-43-2.1, open storage grain, or grain bank liable to seizure upon process of any court in any action against the bailee, except an action by the owner of open storage grain, owner of grain bank, or owner or holder of a warehouse receipt to enforce the terms of the same. In the event of the failure or insolvency of the bailee, grain on hand in the public grain warehouse shall first be applied to the redemption and satisfaction of outstanding receipts issued by the warehouse and to owners of open storage grain and grain bank. Source: SDC 1939, §60.0315; SL 1985, ch 376, §25; SL 2008, ch 249, §5.
SD Codified L § 49-43-4.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-4.1 - Promulgation of rules.

49-43-4.1. Promulgation of rules.The commission may promulgate rules pursuant to chapter 1-26 concerning:(1)The procedure for filing grain reports;(2)The form of a public grain warehouse's bond and application, and the information required to be included for licensing;(3)Requirements and procedures for releasing bonds;(4)Requirements for posting public grain warehouse's licenses;(5)Procedures and requirements for license suspension, revocation, transfer of ownership, or insolvency by a public grain warehouse;(6)Requirements for the form of, procedures for, and the issuance and control of grain warehouse receipts and scale tickets;(7)Specifications for the safe storage of grain;(8)Requirements for filing financial statements with the commission and the financial standards by which the statements are approved when considering whether to license a public grain warehouse; and(9)The rates for receiving, handling, redelivering, and storing grain. Source: SL 2008, ch 249, §7.
SD Codified L § 49-43-4.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-4.2 - License to transact business as public grain warehouse required--Violation as misdemeanor--Injunction--Civil fine.

49-43-4.2. License to transact business as public grain warehouse required--Violation as misdemeanor--Injunction--Civil fine.No owner, lessee, or manager of any public grain warehouse may transact any business as a public grain warehouse until a license has been issued by the commission. Any person who does business as a public grain warehouse without a license is guilty of a Class 1 misdemeanor. Each day a person conducts the business of a public grain warehouse without a license is a separate offense. The operation of a public grain warehouse without a license may be enjoined by the commission. In addition, the commission may assess a civil fine against an unlicensed warehouse operator in the amount of one thousand dollars a day up to a maximum of twenty thousand dollars. Source: SL 2008, ch 249, §8.
SD Codified L § 49-43-4.3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-4.3 - Bond requirement--Violation as misdemeanor.

49-43-4.3. Bond requirement--Violation as misdemeanor.Before any license is granted to a public grain warehouse, the warehouse operator shall file with the commission a bond conditioned to secure the faithful performance of the warehouse operator's obligations as a public warehouse and full and unreserved compliance with the laws of this state and the rules of the commission, relating to the storage of property for hire by the public warehouse. The bond shall be in the amount specified by §49-43-5.3. Operation as a public grain warehouse without a bond is a Class 1 misdemeanor. Each day a person conducts the business of a public grain warehouse without a bond is a separate offense. Source: SL 2008, ch 249, §9.
SD Codified L § 49-43-4.4 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-4.4 - Issuance or denial of license.

49-43-4.4. Issuance or denial of license.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.
SD Codified L § 49-43-4.5 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-4.5 - Expiration of license--Revocation or suspension.

49-43-4.5. Expiration of license--Revocation or suspension.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.
SD Codified L § 49-43-5.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-5.1 - Application for license--Contents--Multiple warehouses of licensee.

49-43-5.1. Application for license--Contents--Multiple warehouses of licensee.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.
SD Codified L § 49-43-5.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-5.2 - Application fee.

49-43-5.2. Application fee.The application for a license to operate as a public grain warehouse shall be accompanied by a fee of two hundred seventy-five dollars for each municipality or location at which the warehouse operator receives or stores grain for hire. Source: SL 1985, ch 376, §19; SL 1996, ch 277, §3; SL 2008, ch 250, §1; SL 2011, ch 211, §2; SL 2013, ch 238, §2, eff. Apr. 1, 2013.
SD Codified L § 49-43-5.3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-5.3 - Purpose of bond--Amount--Multiple warehouses.

49-43-5.3. Purpose of bond--Amount--Multiple warehouses.The bond required by §49-43-4.3 for public grain warehouses is for the specific purpose of protecting persons storing grain with the warehouse.The warehouse operator shall furnish a single bond in an amount equal to one-half of the local market value of the grain stored in the warehouse, or if multiple warehouses are operated by the warehouse operator, the bond shall equal one-half of the local market value of the grain stored at all warehouse locations. However, a warehouse operator shall provide a minimum bond of twenty-five thousand dollars at any one municipality or location. The minimum bond amounts per municipality or location does not limit the bond coverage available to depositors at any one warehouse location. The entire bond, up to the amount on its face, shall provide coverage to a depositor conducting business at any of the warehouse operator's locations.The bond shall describe with particularity the exact locations of the warehouses to be covered. Source: SL 1985, ch 376, §20; SL 1986, ch 397, §4; SL 1987, ch 355, §1; SL 1989, ch 404, §2; SL 1992, ch 60, §2; SL 1994, ch 359, §4; SL 2008, ch 249, §11.
SD Codified L § 49-43-5.5 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-5.5 - Filing of other financial documents in lieu of bond.

49-43-5.5. Filing of other financial documents in lieu of bond.If the Public Utilities Commission determines, because a corporate surety company becomes insolvent or ceases to write grain warehouse bonds in this state, that a bond in the sum required by §49-43-5.3 cannot be executed, the commission may, by rule, authorize the filing of other financial documents in lieu of a corporate surety bond. Source: SL 1987, ch 355, §2.
SD Codified L § 49-43-5.6 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-5.6 - Grounds for suspension of license.

49-43-5.6. Grounds for suspension of license.The commission may immediately suspend the license of a warehouse operator and the warehouse operator shall surrender the license to the commission if:(1)The warehouse operator, whether licensed or unlicensed, refuses, neglects, or is unable, upon proper demand, to redeem any warehouse receipt or scale ticket for grain in open storage or in grain bank issued by the warehouse operator, through redelivery or cash payment;(2)The warehouse operator refuses, neglects, or is unable to provide a bond in an amount required by the commission;(3)The commission has knowledge of any act of insolvency, including the filing of a petition in bankruptcy naming the warehouse as debtor; or(4)The warehouse operator refuses to submit to an inspection or cooperate with the lawful requests of a commission inspector, including requests for access to and copies of the books and records of the warehouse.Within fifteen days the warehouse operator may request a hearing pursuant to chapter 1-26 to determine if the license should be revoked. If no request is made within fifteen days, the commission shall revoke the license. If the commission determines it is necessary, the commission may apply to the circuit court in the county in which the warehouse operator operates for that court to appoint a receiver. The receiver has such powers and duties as the court may direct. Source: SL 1987, ch 355, §3; SL 2008, ch 249, §13; SL 2013, ch 238, §3, eff. Apr. 1, 2013.
SD Codified L § 49-43-5.7 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 43 - Public Grain Warehouses|Section 49-43-5.7 - Recovery of damages for breach of obligation under bond--Notice to commission--Time for commission response.

49-43-5.7. Recovery of damages for breach of obligation under bond--Notice to commission--Time for commission response.Any person injured by the breach of any obligation of a warehouseman, for the performance of which a bond has been given under any of the provisions of this chapter, may sue on the bond in the person's own name in any court of competent jurisdiction to recover any damages the person may have sustained by reason of the breach. However, a person may sue on the bond only if the person has notified the commission of the person's intent to sue on the bond and if the commission has stated in writing that it does not intend to institute any proceedings regarding the bond. The commission shall respond in writing within sixty days of notification stating whether the commission intends to institute any proceedings regarding the bond. If the commission fails to respond in writing within the sixty days, the person may proceed to sue on the bond in the person's own name. Source: SL 1987, ch 355, §4; SL 2011, ch 211, §3; SL 2012, ch 232, §9.