reglab/housing_qa huggingface dataset:
SD Codified L § 49-34-17 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34 - Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service|Section 49-34-17 - Joint ownership of property used in connection with natural gas or electricity--Agreements for restrictions on alienation.

49-34-17. Joint ownership of property used in connection with natural gas or electricity--Agreements for restrictions on alienation.Any two or more persons who own or intend to own, jointly, by partnership interest, or as tenants in common any property used or to be used in whole or in part for the generation, transmission or distribution of electricity, or for the production, gathering, storage, processing, transmission or distribution of manufactured or natural gas, in each case for the ultimate public consumption, may enter into agreements waiving their respective rights to the partition of such property or otherwise restricting the alienation thereof for a period of time ending not later than the abandonment of the use of such property, and without limiting the generality of the foregoing, such agreements shall not be invalid or unenforceable as violating any rule of law against perpetuities or suspension of the power of alienation of the title to the property.This section shall apply to agreements entered into prior to, as well as subsequent to, the effective date of this section. Source: SL 1972, ch 251, §§1, 2.
SD Codified L § 49-34-18 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34 - Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service|Section 49-34-18 - Unauthorized use of service--Definitions.

49-34-18. Unauthorized use of service--Definitions.Terms as used in this section and §§49-34-19 to 49-34-21, inclusive, mean:(1)"Bypassing," the act of attaching, connecting or in any manner affixing any wire, cord, socket, motor or other instrument, device or contrivance to the utility supply system or any part thereof in a manner as to transmit, supply or use any utility service without passing through an authorized meter for measuring or registering the amount of utility service;(2)"Customer," the person responsible for payment for utility services for the premises. The term includes employees and agents of the customer;(3)"Tampering," damaging, altering, adjusting or in any manner interfering with or obstructing the action or operation of any meter provided for measuring or registering the amount of utility service passing through the meter, or any valve provided by the utility for preventing back flow of water into the supply lines, or any other devices owned and maintained by the utility;(4)"Unauthorized metering," removing, moving, installing, connecting, reconnecting or disconnecting any meter or metering device for utility service by a person other than an authorized employee or agent of a utility;(5)"Utility," any public utility, municipally owned utility, rural water system or cooperative utility which provides electricity, gas or water for sale to consumers;(6)"Utility service," the provision of electricity, gas, water or any other service or commodity customarily furnished by the utility for compensation;(7)"Utility supply system," includes all wire, conduits, pipes, cords, sockets, motors, meters, instruments and all other devices used by the utility for the purpose of providing utility service. Source: SL 1985, ch 375, §1; SL 1999, ch 228, §1.
SD Codified L § 49-34-19 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34 - Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service|Section 49-34-19 - Civil liability for unauthorized service and damage to facilities--Limitation of action--Treble damages--Costs.

49-34-19. Civil liability for unauthorized service and damage to facilities--Limitation of action--Treble damages--Costs.A utility may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets or attempts any of the following acts resulting in damages to the utility, namely: bypassing, tampering or unauthorized metering. In addition, a utility may bring a civil action for damages pursuant to this section against any person who knowingly receives utility service through means of bypassing, tampering or unauthorized metering. An action brought pursuant to this section shall be commenced within three years after the cause of action accrues. In any civil action brought pursuant to this section, the utility shall be entitled, upon proof of willful or intentional bypassing, tampering or unauthorized metering, to recover as damages three times the amount of the actual damages plus all reasonable expense and costs incurred on account of the bypassing, tampering or unauthorized metering, including but not limited to, costs and expenses for investigation, disconnection, reconnection, service calls, employees and equipment, expert witness fees, costs of trial and reasonable attorney's fees as allowed by the court. If a defendant in a civil action brought pursuant to §§49-34-18 to 49-34-21, inclusive, prevails, the court shall award costs to the defendant. Source: SL 1985, ch 375, §2.
SD Codified L § 49-34-19.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34 - Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service|Section 49-34-19.1 - Tampering with back flow preventer a misdemeanor.

49-34-19.1. Tampering with back flow preventer a misdemeanor.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.
SD Codified L § 49-34-20 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34 - Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service|Section 49-34-20 - Presumptions.

49-34-20. Presumptions.There is a rebuttable presumption that a tenant or occupant of any premises where bypassing, tampering or unauthorized metering is proven to exist, caused or had knowledge of such bypassing, tampering or unauthorized metering, if the tenants or occupant had controlled access to the part of the utility supply system on the premises where the bypassing, tampering or unauthorized metering is proven to exist, and if the tenant or occupant was responsible or partially responsible for payment to the utility or to any other person for utility services provided for the premises. There is a rebuttable presumption that a utility customer at any premises where bypassing, tampering or unauthorized metering is proven to exist, caused or had knowledge of such bypassing, tampering or unauthorized metering, if the customer controlled access to the part of the utility supply system on the premises where the bypassing, tampering or unauthorized metering is proven to exist. Source: SL 1985, ch 375, §3.
SD Codified L § 49-34-21 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34 - Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service|Section 49-34-21 - Remedies additional.

49-34-21. Remedies additional.It is the purpose of this section and §§49-34-18 to 49-34-20, inclusive, to provide additional remedies to avoid the wrongful use of the facilities of utilities; and nothing in this section and §§49-34-18 to 49-34-20, inclusive, abridges or alters those rights of action or remedies existing prior to July 1, 1985. Source: SL 1985, ch 375, §4.
SD Codified L § 49-34A-2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-2 - Service required of utilities.

49-34A-2. Service required of utilities.Every public utility shall furnish adequate, efficient, and reasonable service. Source: SL 1970, ch 261, §32; SDCL Supp, §49-41-9.1; SL 1975, ch 283, §2.
SD Codified L § 49-34A-2.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-2.1 - Refusal of service without permission of commission prohibited--Exceptions--Violation as petty offense--Separate offenses.

49-34A-2.1. Refusal of service without permission of commission prohibited--Exceptions--Violation as petty offense--Separate offenses.No public utility may, except in cases of emergency, fail to provide, discontinue, reduce or impair service to a community, or a part of a community, except for nonpayment of account or violation of rules and regulations, unless permission has been first obtained from the Public Utilities Commission to do so. An intentional violation of this section is a petty offense. Each day's violation is a separate offense. Source: SL 1976, ch 296, §7; SL 1983, ch 15, §139.
SD Codified L § 49-34A-3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-3 - Unreasonable preferences and prejudices prohibited--Violation as petty offense--Separate offenses.

49-34A-3. Unreasonable preferences and prejudices prohibited--Violation as petty offense--Separate offenses.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.
SD Codified L § 49-34A-4 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-4 - Regulatory powers of commission--Rules.

49-34A-4. Regulatory powers of commission--Rules.The commission shall regulate to the extent provided in this chapter every public utility as defined in this chapter. The commission may promulgate rules pursuant to chapter 1-26 in furtherance of the purposes of this chapter concerning:(1)Procedures and requirements for applications for rate and tariff changes;(2)Requirements for gas and electric utilities to maintain and make available to the public and the commission records and information;(3)Requirements and procedures regarding customer billings and meter readings;(4)Requirements regarding availability of meter tests;(5)Requirements regarding billing adjustments for meter errors;(6)Procedures and requirements for handling customer disputes and complaints;(7)Procedures and requirements regarding temporary service, changes in location of service and service interruptions;(8)Standards and procedures to ensure nondiscriminatory credit policies;(9)Procedures, requirements and record-keeping guidelines regarding deposit policies;(10)Procedures, requirements and record-keeping guidelines regarding customer refunds;(11)Policies for refusal of gas or electric service;(12)Policies for disconnection and transfer of gas and electric service;(13)Customer payment plans for delinquent bills;(14)Requirements regarding advertising; and(15)Procedures and requirements for applications for tariff mechanisms seeking the automatic annual adjustment of charges for the jurisdictional costs of new or modified transmission facilities under the provisions of §49-34A-25.1. Source: SL 1975, ch 283, §6; SL 1986, ch 22, §23; SL 1990, ch 371, §3; SL 2006, ch 239, §6.
SD Codified L § 49-34A-5 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-5 - Municipal authority terminated.

49-34A-5. Municipal authority terminated.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.
SD Codified L § 49-34A-6 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-6 - Rates to be reasonable and just--Regulation by commission.

49-34A-6. Rates to be reasonable and just--Regulation by commission.Every rate made, demanded or received by any public utility shall be just and reasonable. Every unjust or unreasonable rate shall be prohibited. The Public Utilities Commission is hereby authorized, empowered and directed to regulate all rates, fees and charges for the public utility service of all public utilities, including penalty for late payments, to the end that the public shall pay only just and reasonable rates for service rendered. Source: SL 1975, ch 283, §16.
SD Codified L § 49-34A-7 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-7 - System of accounts.

49-34A-7. System of accounts.The Public Utilities Commission shall designate a system of accounts to be kept by public utilities subject to its jurisdiction. Source: SL 1975, ch 283, §26; SL 1976, ch 296, §8.
SD Codified L § 49-34A-8 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-8 - Criteria for determination of rates by commission.

49-34A-8. Criteria for determination of rates by commission.The commission, in the exercise of its power under this chapter to determine just and reasonable rates for public utilities, shall give due consideration to the public need for adequate, efficient, economical, and reasonable service and to the need of the public utility for revenues sufficient to enable it to meet its total current cost of furnishing such service, including taxes and interest, and including adequate provision for depreciation of its utility property used and necessary in rendering service to the public, and to earn a fair and reasonable return upon the value of its property. Source: SL 1975, ch 283, §16; SL 1976, ch 296, §9; SL 2007, ch 269, §1.
SD Codified L § 49-34A-8.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-8.1 - Policy to alleviate financial burden of pricing structure.

49-34A-8.1. Policy to alleviate financial burden of pricing structure.Notwithstanding any other provision of law, the Public Utilities Commission shall after opportunity for hearing and rate design studies develop a policy alleviating the financial burden to electric and gas consumers of the declining block rate structure and any other pricing structure presently used by electric and gas utilities in the State of South Dakota. Source: SL 1976, ch 296, §10.
SD Codified L § 49-34A-8.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-8.2 - Incentive rates for improved performance and efficiency.

49-34A-8.2. Incentive rates for improved performance and efficiency.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.
SD Codified L § 49-34A-8.3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-8.3 - Business development rates--Public interest exception.

49-34A-8.3. Business development rates--Public interest exception.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.
SD Codified L § 49-34A-8.4 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-8.4 - Burden on public utility to establish criteria for determination of rates.

49-34A-8.4. Burden on public utility to establish criteria for determination of rates.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.
SD Codified L § 49-34A-9 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-9 - Deviation from schedules of rates and charges prohibited--Violation as petty offense--Separate offenses.

49-34A-9. Deviation from schedules of rates and charges prohibited--Violation as petty offense--Separate offenses.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.
SD Codified L § 49-34A-10 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-10 - Tariffs and schedules filed by utilities--Public inspection.

49-34A-10. Tariffs and schedules filed by utilities--Public inspection.Pursuant to rules promulgated under chapter 1-26 by the Public Utilities Commission, every public utility shall file with the commission, within such time and in such form as the commission may designate, tariffs and schedules showing the terms and conditions of service and all rates established by the public utility and collected or enforced, or to be collected or enforced, within the jurisdiction of the commission. The public utility shall keep copies of such tariffs and schedules open to public inspection under such rules as the commission may promulgate. Schedules and tariffs approved by the commission have the force and effect of law. Source: SL 1970, ch 261, §31; SDCL Supp, §49-41-9.2; SL 1975, ch 283, §3; SL 2004, ch 286, §1.
SD Codified L § 49-34A-11 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-11 - Burden of proving reasonableness of rates.

49-34A-11. Burden of proving reasonableness of rates.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.
SD Codified L § 49-34A-12 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-12 - Change in rates--Notice to commission and affected customers.

49-34A-12. Change in rates--Notice to commission and affected customers.Unless the Public Utilities Commission otherwise orders, no public utility shall change any rate which has been duly established under this chapter, except after thirty days' notice to the commission, which notice shall include statements of facts, expert opinions, substantiating documents, and exhibits, supporting the change requested, and further shall state the change proposed to be made in the rates then in force, and the time when the modified rates will go into effect. The utility shall give written notice of any proposed increase of any rate to all affected customers served by the public utility at least thirty days prior to the effective date thereof. The notice to affected customers shall include a statement that the customer has a right to join with twenty-four other customers and file a written objection to such rate increase and that they may request the commission to suspend the rate increase and to hold a public hearing to determine if such rate increase should be allowed. All proposed changes shall be shown by filing new schedules or shall be plainly indicated upon schedules on file and in force at the time. Source: SL 1975, ch 283, §7; SL 1976, ch 296, §11.
SD Codified L § 49-34A-13 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-13 - Hearing on rate changes.

49-34A-13. Hearing on rate changes.Whenever there is filed with the Public Utilities Commission any schedule modifying or resulting in a change in any rates then in force, together with the filed statements of facts, expert opinions, substantiating documents, and exhibits, supporting the changes requested, the commission may upon complaint or may upon its own motion, upon reasonable notice conduct a hearing to determine whether the rates are just and reasonable. Source: SL 1975, ch 283, §8.
SD Codified L § 49-34A-13.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-13.1 - Persons permitted to appear before commission or submit comments--Disclosure of identity and interest--Party status controlled by statutes and rules.

49-34A-13.1. Persons permitted to appear before commission or submit comments--Disclosure of identity and interest--Party status controlled by statutes and rules.Any person may appear before the commission and present comments regarding the proceeding or submit written comments to the commission. The person shall fully and fairly make a full disclosure of identity, the interest of the person in the proceeding, and the position to be taken. The contentions of the person shall be relevant to the issues presented in the proceeding. Any person appearing pursuant to this section is not afforded the status of a party to the proceeding unless the person has been granted party status in accordance with applicable statutes and rules governing intervention in proceedings before the commission. Source: SL 1976, ch 296, §15; SL 1994, ch 351, §136; SL 2015, ch 231, §2.
SD Codified L § 49-34A-14 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-14 - Suspension of proposed rate or practice pending hearing--Time.

49-34A-14. Suspension of proposed rate or practice pending hearing--Time.Pending a hearing pursuant to §49-34A-13 and the decision thereon, the commission may, by order, suspend the operation of the proposed rate or practice. The suspension may not last longer than one hundred eighty days after the proposed rate or practice was filed. Source: SL 1975, ch 283, §8; SL 2008, ch 242, §1.