reglab/housing_qa huggingface dataset:
SD Codified L § 49-30-12 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 30 - Telephone And Telegraph Corporations|Section 49-30-12 - Powers of corporation--Condemnation of real property.

49-30-12. Powers of corporation--Condemnation of real property.Every corporation formed under the provisions of this chapter, and every corporation formed under the laws of any other state or territory or of the United States, owning or operating lines of telegraph or telephone within this state, shall have power to acquire such real property as may be necessary for the construction and maintenance of its lines of telegraph or telephone by condemnation, as prescribed by law and the rules of practice and procedure pertaining to condemnation proceedings. Source: SDC 1939, §52.1311 (9).
SD Codified L § 49-30-13 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 30 - Telephone And Telegraph Corporations|Section 49-30-13 - Board of directors--Election--Terms of office--Director as stockholder.

49-30-13. Board of directors--Election--Terms of office--Director as stockholder.There shall be a board of not less than three nor more than thirteen directors of every corporation organized under this chapter to manage its affairs, who shall be elected at the time, in the manner and for the terms as are prescribed by its bylaws, and shall hold their offices until the respective successors are chosen. No person may be a director unless the person is a stockholder, owning stock absolutely in the person's own name or as a trustee or personal representative, and qualified to vote at the election at which the person is chosen. Source: SDC 1939, §52.1305; SL 1943, ch 178; SL 1955, ch 227, §1; SL 2018, ch 265, §2.
SD Codified L § 49-30-14 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 30 - Telephone And Telegraph Corporations|Section 49-30-14 - Voting for directors--Filling vacancies.

49-30-14. Voting for directors--Filling vacancies.In the election of directors each stockholder shall be entitled to one vote, either in person or by proxy, for every share of stock owned by him for thirty days next preceding such election. Vacancies shall be filled in the manner prescribed in the bylaws. Inspectors of the first election of directors shall be appointed by the board of directors named in the articles of incorporation, and thereafter as provided by the bylaws. Source: SDC 1939, §52.1305; SL 1943, ch 178; SL 1955, ch 227, §1.
SD Codified L § 49-30-15 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 30 - Telephone And Telegraph Corporations|Section 49-30-15 - Meeting for election of directors--Notice of meeting--Waiver of notice.

49-30-15. Meeting for election of directors--Notice of meeting--Waiver of notice.If, for any reason, the election of directors shall not have been held at the time fixed therefor by law, the same may be held at any time thereafter on a notice of twenty days. Such election may be called by a majority of the directors or by the stockholders holding a majority of the stock; but at any meeting at which all the stockholders shall be present or be represented by attorney or proxy, it shall be lawful to waive notice and proceed to an election of directors. Source: SDC 1939, §52.1305; SL 1943, ch 178; SL 1955, ch 227, §1.
SD Codified L § 49-30-16 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 30 - Telephone And Telegraph Corporations|Section 49-30-16 - Rural telephone companies--Inability to procure majority of stockholders at meeting--Powers of stockholders attending--Binding effect of actions taken.

49-30-16. Rural telephone companies--Inability to procure majority of stockholders at meeting--Powers of stockholders attending--Binding effect of actions taken.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.
SD Codified L § 49-30-17 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 30 - Telephone And Telegraph Corporations|Section 49-30-17 - Notice to stockholders--Notice by mail.

49-30-17. Notice to stockholders--Notice by mail.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.
SD Codified L § 49-30-18 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 30 - Telephone And Telegraph Corporations|Section 49-30-18 - Exhibition of corporate books and records.

49-30-18. Exhibition of corporate books and records.At every election of directors the books and papers of a corporation organized under this chapter shall be exhibited to the meeting if a majority of the stockholders present require it. Source: SDC 1939, §52.1305; SL 1943, ch 178; SL 1955, ch 227, §1.
SD Codified L § 49-30-19 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 30 - Telephone And Telegraph Corporations|Section 49-30-19 - Officers of corporation--Appointment by directors.

49-30-19. Officers of corporation--Appointment by directors.The directors shall appoint one of their number president; they also may appoint a vice-president, secretary, and treasurer, and such other officers and agents as shall be prescribed by the bylaws of such corporation. Source: SDC 1939, §52.1306.
SD Codified L § 49-30-20 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 30 - Telephone And Telegraph Corporations|Section 49-30-20 - Subscriptions for capital stock.

49-30-20. Subscriptions for capital stock.When the certificate of corporate existence is issued, the directors may, in case the whole of the capital stock shall not have been before subscribed, open books of subscription to fill up the capital stock at such time and after giving such notice as they may deem expedient, and may from time to time receive subscriptions until the capital stock is subscribed. Source: SDC 1939, §52.1304.
SD Codified L § 49-30-21 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 30 - Telephone And Telegraph Corporations|Section 49-30-21 - Failure to pay for stock--Collection by directors--Forfeiture of previous payments.

49-30-21. Failure to pay for stock--Collection by directors--Forfeiture of previous payments.The directors may require any amounts unpaid upon the capital stock to be paid in such manner and in such installments as they deem proper. If any stockholder shall neglect to pay any installment as required by a resolution of the board, and the board shall have caused a notice in writing to be served on him personally or by depositing the same in the post office, postage paid, properly directed to him at the post office nearest his usual place of residence at least sixty days previous to the day on which such payment is required to be made, stating that he is required to make such payment at the time and place in such notice specified, and if he fails so to do his stock and all previous payments thereon will be forfeited for the use of the corporation, such board may declare such stock and previous payments forfeited, and they shall be forfeited accordingly to the use of the corporation, or such board may in any case enforce payment by action at law. Source: SDC 1939, §52.1307.
SD Codified L § 49-30-22 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 30 - Telephone And Telegraph Corporations|Section 49-30-22 - Increasing capital stock--Two-thirds vote required--Notice of meeting--Effective date of increase.

49-30-22. Increasing capital stock--Two-thirds vote required--Notice of meeting--Effective date of increase.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.
SD Codified L § 49-30-23 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 30 - Telephone And Telegraph Corporations|Section 49-30-23 - Transfer of stock--Stock deemed personal property.

49-30-23. Transfer of stock--Stock deemed personal property. The stock of every corporation organized under this chapter is deemed personal estate, and is transferable in the manner prescribed in its bylaws, subject to the provisions of §§57A-8-301 to 57A-8-307, inclusive, and §§57A-8-401 to 57A-8-407, inclusive, but no share is transferable until all previous calls have been fully paid in. Source: SDC 1939, §52.1308; SL 2021, ch 200, § 1.
SD Codified L § 49-30-24 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 30 - Telephone And Telegraph Corporations|Section 49-30-24 - Liability of stockholders--Stock held by fiduciary or as collateral security.

49-30-24. Liability of stockholders--Stock held by fiduciary or as collateral security.No person holding stock in any corporation organized under this chapter as personal representative, conservator, or trustee, and no person holding such stock as collateral security, is personally subject to any liability as stockholder of such corporation for any calls or installments on any part-paid stock thereof; but the person pledging such stock shall be considered as holding the same, and is liable as a stockholder accordingly; and the estate and funds in the hands of such personal representative, conservator, or trustee is liable in like manner and to the same extent as the testator, or intestate, ward, or person interested would have been if he had been living or competent to act, and held the same stock in his own name. Source: SDC 1939, §52.1310; SL 1993, ch 213, §247; SL 1995, ch 167, §188.
SD Codified L § 49-30-25 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 30 - Telephone And Telegraph Corporations|Section 49-30-25 - Meetings by teleconference.

49-30-25. Meetings by teleconference.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.
SD Codified L § 49-31-1.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-1.1 - "Noncompetitive service" defined.

49-31-1.1."Noncompetitive service" defined.For the purposes of this chapter, "noncompetitive service" is a monopoly service for which no competition exists or the regulation of which is necessary to insure affordable local exchange service. Such services include:(1)Residential local exchange service;(2)Business local exchange service;(3)Agribusiness local exchange service;(4)Emergency services;(5)Public and semipublic coin telephone service; and(6)All services not otherwise listed in §§49-31-1.2 and 49-31-1.3. Source: SL 1988, ch 375, §2.
SD Codified L § 49-31-1.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-1.2 - "Emerging competitive service" defined.

49-31-1.2."Emerging competitive service" defined.For the purposes of this chapter, "emerging competitive service" is a service that satisfies the criteria of §49-31-3.2 and which has alternative services available to over twenty percent of the company's customers for that service. Such services include:(1)Inter-LATA message toll service and intra-LATA message toll service;(2)Inter-LATA wide area telephone service and intra-LATA wide area telephone service; and(3)New products and services not functionally required to provide local exchange service. Source: SL 1988, ch 375, §3.
SD Codified L § 49-31-1.3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-1.3 - "Fully competitive service" defined.

49-31-1.3."Fully competitive service" defined.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.
SD Codified L § 49-31-1.4 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-1.4 - "Price regulation" defined--Determination of fair and reasonable price.

49-31-1.4."Price regulation" defined--Determination of fair and reasonable price.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.
SD Codified L § 49-31-1.5 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-1.5 - Unsolicited telephone call defined.

49-31-1.5. Unsolicited telephone call defined.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.
SD Codified L § 49-31-1.6 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-1.6 - Established business relationship defined.

49-31-1.6. Established business relationship defined.For purposes of §49-31-1.5, an established business relationship means a prior or existing relationship:(1)Formed by the person's purchase or transaction with the telephone solicitor, or any business or financial institution on whose behalf the call is made, within the eighteen months immediately preceding the date of the telephone call; or(2)Formed on the basis of the person's inquiry or application regarding products or services offered by the telephone solicitor, or any business or financial institution on whose behalf the call is made, within the three months immediately preceding the date of the call.The relationship must not have been previously terminated by either party. Source: SL 2007, ch 266, §2.
SD Codified L § 49-31-2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-2 - Applicability of statutes to telecommunications companies.

49-31-2. Applicability of statutes to telecommunications companies.The provisions of chapters 49-7 to 49-13, inclusive, and this chapter apply to all telecommunications companies and to all telecommunications lines and facilities of any kind, character or description in use by any corporation, receiver, trustee, or other person operating a telecommunications company, whether owned or operated under contract, agreement, lease or otherwise. Source: SDC 1939, §§52.0201, 52.1301; SDCL, §49-3-3; SL 1979, ch 307, §19; SL 1987, ch 345, §42; SL 1992, ch 328, §2.
SD Codified L § 49-31-3.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-3.1 - Approval required for discontinuance of noncompetitive telecommunications service.

49-31-3.1. Approval required for discontinuance of noncompetitive telecommunications service.A telecommunications company may not discontinue any noncompetitive telecommunications service without the express approval of the commission. A telecommunications company need only notify the commission of the discontinuance of any emerging competitive telecommunications service. Source: SL 1988, ch 375, §8; SL 1992, ch 328, §4.
SD Codified L § 49-31-3.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-3.2 - Waiver, modification, etc., of rules and orders for fully competitive or emerging competitive service--Application for classification--Factors in determining classification--Time for approval or denial.

49-31-3.2. Waiver, modification, etc., of rules and orders for fully competitive or emerging competitive service--Application for classification--Factors in determining classification--Time for approval or denial.The commission, after notice and hearing, shall waive, eliminate or modify any of its rules or orders affecting telecommunications services if it finds that a telecommunications service is a fully competitive service or an emerging competitive service. A person, or the commission on its own motion, may apply to have an emerging competitive service of a telecommunications company classified as a fully competitive service or a noncompetitive service classified as an emerging competitive service or a fully competitive service. The application shall be filed with the commission and served on any other person designated by the commission. The application shall be in a form prescribed by the commission. The commission, in determining how a telecommunications service is to be classified, shall consider:(1)The number and size of alternative providers of the service and the affiliation to other providers;(2)The extent to which services are available from alternative providers in the relevant market;(3)The ability of alternative providers to make functionally equivalent or substitute services readily available at competitive rates, terms, and conditions of service;(4)The market share, the ability of the market to hold prices close to cost, and other economic measures of market power; and(5)The impact on universal service.The commission shall approve or deny any such application within ninety days after the filing of the application. However, the commission may, by order, defer the period within which it must act for one additional period of ninety days, upon a finding that the proceeding cannot be completed within ninety days and that the additional time period is necessary for the commission to adequately and completely fulfill its duty under this title. If the commission has not acted on any such application within the appropriate time period permitted, the application shall be deemed granted. Source: SL 1988, ch 375, §9; SL 1992, ch 328, §5.
SD Codified L § 49-31-3.3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 31 - Telecommunications Services|Section 49-31-3.3 - Investigation of telecommunications services--Ninety-day period--Reclassification--Burden of proof--Reclassification after 90 days.

49-31-3.3. Investigation of telecommunications services--Ninety-day period--Reclassification--Burden of proof--Reclassification after 90 days.The commission may, within ninety days after July 1, 1988, conclude an investigation into any or all of the telecommunications services listed in §§49-31-1.1, 49-31-1.2, and 49-31-1.3 to determine if any service is properly classified pursuant to the standards found in subdivisions 49-31-3.2(1) to (5), inclusive. The commission may, after notice and hearing, reclassify any service to conform the classification of the service to the evidence and the standards in §49-31-3.2. The telecommunications company providing the service has the burden of proving the classification is appropriate. During this ninety-day period, any service subject to the investigation will remain under rate of return regulation. Upon expiration of the ninety-day period, reclassification of any service, even if hearings had commenced within the ninety days, will be pursuant to the provisions of §49-31-3.4. Source: SL 1988, ch 375, §5.