reglab/housing_qa huggingface dataset:
SD Codified L § 49-34A-33 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-33 - Order permitting issue of securities or assumption of obligations--Supplemental orders.

49-34A-33. Order permitting issue of securities or assumption of obligations--Supplemental orders.The Public Utilities Commission, after opportunity for hearing, may grant any application under §§49-34A-29 and 49-34A-30 in whole or in part, and with such modifications and upon such terms and conditions as it may find necessary or appropriate, and may from time to time, after opportunity for hearing and for good cause shown, make such supplemental orders in the premises as it may find necessary or appropriate, and may by any such supplemental order modify the provisions of any previous order as to the particular purposes, uses, and extent to which, or the conditions under which, any security so theretofore authorized or the proceeds thereof may be applied, subject always to the requirements of this chapter. Source: SL 1975, ch 283, §19; SL 1976, ch 296, §24.
SD Codified L § 49-34A-34 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-34 - Application of security or proceeds in contravention of order prohibited unless commission consents.

49-34A-34. Application of security or proceeds in contravention of order prohibited unless commission consents.No public utility shall, without the consent of the Public Utilities Commission, apply any security or any proceeds thereof to any purpose not specified in the commission's order, or supplemental order, or to any purpose in excess of the amount allowed for such purpose in such order, or otherwise in contravention of such order. Source: SL 1975, ch 283, §20.
SD Codified L § 49-34A-35 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-35 - Sale, lease, disposition, purchase, merger, or consolidation prohibited unless authorized by commission--Certain transactions excepted.

49-34A-35. Sale, lease, disposition, purchase, merger, or consolidation prohibited unless authorized by commission--Certain transactions excepted.No public utility, without first being authorized to do so by the commission, may:(1)Sell, lease, or otherwise dispose of its property or business constituting an operating unit or system in this state to another person;(2)Sell, lease, or otherwise dispose of its operating property or plant used to provide gas or electric service to its customers in this state to another person;(3)Purchase the property or business constituting an operating unit or system in this state of another public utility; or(4)Merge or consolidate with another public utility operating in this state.However, if the sale, lease, merger, consolidation, or other disposition of the property or business of one public utility to another person, as provided in subdivisions (1) to (4), inclusive, does not involve a sale, lease, merger, consolidation, or disposition wherein the fair market value exceeds ten million dollars, the sale, lease, merger, consolidation, or disposition is not subject to the restrictions of this section.No person may acquire or gain control either directly or indirectly of any public utility doing business in this state that has a fair market value exceeding ten million dollars without the commission's prior authorization. As used in this section, the term, control, means the right to direct or cause the direction of the management and policies of the public utility, whether through the ownership of voting securities, by contract, or otherwise. Source: SL 1975, ch 283, §23; SL 2007, ch 270, §1.
SD Codified L § 49-34A-36 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-36 - Investigation of proposed disposition of property--Time for decision.

49-34A-36. Investigation of proposed disposition of property--Time for decision.Upon the filing of an application for the approval of the commission to an action described in §49-34A-35, the commission shall investigate the application, with or without public hearing, and in case of a public hearing, upon such notice as the commission may require. The commission shall act on the application within one hundred eighty days and shall approve the proposed action unless the commission finds that there is a likelihood of significant adverse impacts to customers in this state. Source: SL 1975, ch 283, §23; SL 2007, ch 270, §2.
SD Codified L § 49-34A-37 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-37 - Purchase of voting stock in other utilities prohibited without commission's consent--Violation as petty offense--Separate offenses.

49-34A-37. Purchase of voting stock in other utilities prohibited without commission's consent--Violation as petty offense--Separate offenses.No public utility subject to the jurisdiction of the commission may purchase voting stock in another public utility doing business in South Dakota without first having made application to and received the approval of the commission within the time and in the manner provided in §49-34A-36. 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, §24; SL 1983, ch 15, §143; SL 2007, ch 270, §3.
SD Codified L § 49-34A-39 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-39 - Investigation of condition of public utilities--Hearings.

49-34A-39. Investigation of condition of public utilities--Hearings.The Public Utilities Commission upon complaint or on its own initiative and whenever it may deem it necessary in the performance of its duties may investigate and examine the condition and operation of public utilities or any particular public utility. In conducting such investigations, the commission may proceed either with or without a hearing as it may deem best but it shall make no order without affording the parties affected thereby a hearing. Source: SL 1975, ch 283, §29.
SD Codified L § 49-34A-40 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-40 - Commission access to utility premises to examine, test and inspect--Utility's right to representation--Utilities to cooperate and assist.

49-34A-40. Commission access to utility premises to examine, test and inspect--Utility's right to representation--Utilities to cooperate and assist.The commissioners and the duly authorized officers and employees of the Public Utilities Commission, during business hours, may enter upon any premises occupied by any public utility for the purpose of making examinations and tests and to inspect the accounts, books, papers and documents of any public utility for the purpose of exercising any power provided for in this chapter, and may set up and use on such premises any apparatus and appliance necessary therefor. Such public utility shall have the right to be represented at the making of such examinations, tests and inspections. Such public utility, its officers and employees, shall facilitate such examinations, tests and inspections by giving every reasonable aid to the commissioners and any person or persons designated by the commission for the duties aforesaid. Every public utility shall furnish to the commission upon request all evidence in its possession and all assistance in its power, requested by the commission, to aid it in its determinations. Source: SL 1975, ch 283, §27.
SD Codified L § 49-34A-41 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-41 - Order for production of utility books and records--Out-of-state records.

49-34A-41. Order for production of utility books and records--Out-of-state records.The Public Utilities Commission may require, by order served on any public utility in the manner provided in this chapter, for the service of orders, the production within this state at such time and place as it may designate, of any books, accounts, papers, or records of the public utility relating to its business or affairs within the state, pertinent to any lawful inquiry and kept by the public utility in any office or place without this state, or, at its option, verified or photostatic copies in lieu thereof, so that an examination thereof may be made by the commission or under its direction. Source: SL 1975, ch 283, §28; SL 1976, ch 296, §25.
SD Codified L § 49-34A-42 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-42 - Electric utility's exclusive rights in assigned service area--Connecting facilities in another area.

49-34A-42. Electric utility's exclusive rights in assigned service area--Connecting facilities in another area.Each electric utility has the exclusive right to provide electric service at retail at each and every location where it is serving a customer as of March 21, 1975, and to each and every present and future customer in its assigned service area. No electric utility shall render or extend electric service at retail within the assigned service area of another electric utility unless such other electric utility consents thereto in writing and the agreement is approved by the commission consistent with §49-34A-55. However, any electric utility may extend its facilities through the assigned service area of another electric utility if the extension is necessary to facilitate the electric utility connecting its facilities or customers within its own assigned service area.The commission shall have the jurisdiction to enforce the assigned service areas established by §§49-34A-42 to 49-34A-44, inclusive, and 49-34A-48 to 49-34A-59, inclusive. Source: SL 1965, ch 254, §§5, 8, 10; SDCL, §§49-41-4, 49-41-7, 49-41-9; SL 1970, ch 261, §§5, 8, 10; SL 1975, ch 283, §38; SL 1991, ch 386, §4.
SD Codified L § 49-34A-43 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-43 - Boundaries of assigned service areas--Contracts between utilities--Service areas within municipalities.

49-34A-43. Boundaries of assigned service areas--Contracts between utilities--Service areas within municipalities.The boundaries of each assigned service area, outside of incorporated municipalities, shall be a line equidistant between the electric lines of adjacent electric utilities as they existed on March 21, 1975, provided that these boundaries may be modified by the Public Utilities Commission to take account of natural and other physical barriers which would make service of electric power and energy beyond those barriers economically impractical and shall be modified to take account of the contracts provided for in this section, and provided further that said boundaries shall also be modified by the commission to take into account orders entered before July 1, 1975, by the electric mediation board.Contracts between electric utilities, which are executed on or before July 1, 1976, designating service areas and customers to be served by the electric utilities approved by the commission shall be valid and enforceable and shall be incorporated into the appropriate assigned service areas. The commission shall approve a contract if it finds that the contract will eliminate or avoid unnecessary duplication of facilities, will provide adequate electric service to all areas and customers affected and will promote the efficient and economical use and development of the electric systems of the contracting electric utilities.Where a single electric utility provided electric service within a municipality on March 21, 1975, that entire municipality shall constitute a part of the assigned service area of that electric utility. Nothing contained in this chapter shall modify existing rights of municipalities to establish an electric utility. Where two or more electric utilities provided electric service in a municipality on March 21, 1975, the boundaries of the assigned service areas within an incorporated municipality shall be assigned pursuant to the equal distance concept as applied to lines located only within the municipal boundaries. Source: SL 1965, ch 254, §§6, 7, 9; SDCL, §§49-41-5, 49-41-6, 49-41-8; SL 1970, ch 261, §§6, 7, 9; SL 1975, ch 283, §§34 to 36.
SD Codified L § 49-34A-44 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-44 - Maps of service areas to be filed by electric utilities--Boundaries assigned by commission order--Adjustment of intertwined service areas--Protest of assigned service areas.

49-34A-44. Maps of service areas to be filed by electric utilities--Boundaries assigned by commission order--Adjustment of intertwined service areas--Protest of assigned service areas.On or before January 1, 1976, or, when requested in writing by an electric utility and for good cause shown, and at a further time as the Public Utilities Commission may fix by order, each electric utility shall file with the commission a map or maps showing all its electric lines outside of incorporated municipalities as they existed on March 21, 1975. Each electric utility shall also submit in writing a list of all municipalities in which it provided electric service on March 21, 1975. Where two or more electric utilities serve a single municipality, the commission may require each utility to file with the commission a map showing its electric lines within the municipality.On or before July 1, 1976, the commission shall, after notice and hearing, establish the assigned service area or areas of each electric utility and shall prepare or cause to be prepared a map or maps to accurately and clearly show the boundaries of the assigned service area of each electric utility.In those areas where, on March 21, 1975, the existing electric lines of two or more electric utilities were so intertwined that §49-34A-43 cannot reasonably be applied, the commission shall, after hearing, determine the boundaries of the assigned service areas for the electric utilities involved. In making its decision, the commission shall be guided by the following conditions as they existed on March 21, 1975:(1)The proximity of existing distribution lines to such assigned territory, including the length of time such lines have been in existence;(2)The adequacy and dependability of existing distribution lines to provide dependable, high quality retail electric service;(3)The elimination and prevention of duplication of distribution lines and facilities supplying such territory;(4)The willingness and good faith intent of the electric utility to provide adequate and dependable electric service in the area to be assigned;(5)That a reasonable opportunity for future growth within the contested area is afforded each electric utility.Any electric utility which feels itself aggrieved by reason of an assignment of a service area may protest such assignment within a ninety-day period after issuance of the map of the assigned service areas by the commission and the commission shall have the power, after hearing, to revise or vacate such assigned service area or portions thereof consistent with the provisions of this section and §49-34A-43. Source: SL 1965, ch 254, §14; SDCL, §49-41-12; SL 1970, ch 261, §14; SL 1975, ch 283, §§32, 33, 37.
SD Codified L § 49-34A-45 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-45 - Payments to municipality from revenues of cooperative providing electric service within municipality.

49-34A-45. Payments to municipality from revenues of cooperative providing electric service within municipality.A rural electric cooperative serving less than a majority of customers in a municipality which does not have a municipally owned system, may, at the option of the municipality, pay in addition to other taxes provided by law, an amount to be agreed upon, not to exceed two percent of the total gross revenue collected by the rural electric cooperative for that year, by the electric supplier and the governing body of the municipality. If the parties have not agreed on the amount on or before May first following the calendar year from which the amount is to be paid, the amount to be paid shall be two percent of the total gross revenue collected by the rural electric cooperative from the sale of power distributed to structures and electric service outlets situated within the municipality. The tax imposed by a municipality pursuant to this section may be passed on to the purchaser. Any revenue received by the rural electric cooperative from the tax imposed by a municipality pursuant to this section that is separately stated on the invoice, bill of sale, or similar document is not considered gross receipts as defined in chapter 10-45, 10-46, or 10-52. Source: SL 1965, ch 254, §28; SDCL §49-41-31; SL 1970, ch 261, §28; SL 1975, ch 283, §42 (6); SL 2001, ch 256, §1; SL 2005, ch 249, §1; SL 2015, ch 232, §1.
SD Codified L § 49-34A-46 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-46 - Payments to municipality owning electric system from revenues of electric utility operating within municipality.

49-34A-46. Payments to municipality owning electric system from revenues of electric utility operating within municipality.Any electric utility with facilities within the boundaries of a municipality, as they exist from time to time, which has a municipally owned electric system serving over fifty percent of the customers in the municipality, may, at the option of the municipality, pay to the municipality an amount to be agreed upon by the electric supplier and the governing body of the municipality. If the parties have not agreed on the amount on or before May first following the calendar year from which the amount is to be paid, the amount to be paid shall be four percent of the total gross revenue collected by the electric supplier from the sale of power delivered to structures and electric service outlets situated within the municipality during the year for which the amount is paid. The tax imposed by a municipality pursuant to this section may be passed on to the purchaser. Any revenue received by the electric utility from the tax imposed by a municipality pursuant to this section that is separately stated on the invoice, bill of sale, or similar document is not considered gross receipts as defined in chapter 10-45, 10-46, or 10-52. Source: SL 1965, ch 254, §29; SDCL §49-41-32; SL 1970, ch 261, §29; SL 1975, ch 283, §42 (6); SL 2001, ch 256, §2; SL 2015, ch 232, §2.
SD Codified L § 49-34A-47 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-47 - Time of payments to municipality.

49-34A-47. Time of payments to municipality.The amounts due in §§49-34A-45 and 49-34A-46 shall be paid on or before May second following the end of the calendar year for which the payment is being made. Source: SL 1965, ch 254, §§28, 29; SDCL, §§49-41-31, 49-41-32; SL 1970, ch 261, §§28, 29; SL 1975, ch 283, §42 (6).
SD Codified L § 49-34A-48 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-48 - Electric utility's right to continue service in area annexed to municipality.

49-34A-48. Electric utility's right to continue service in area annexed to municipality.The inclusion by incorporation, consolidation, or annexation of any part of the assigned service area of an electric utility within the boundaries of any municipality shall not in any respect impair or affect the rights of the electric utility to continue and extend electric service at retail throughout any part of its assigned service area unless a municipality which owns and operates an electric utility elects to purchase the facilities and property of the electric utility as provided in §§49-34A-49 to 49-34A-55, inclusive. Source: SL 1965, ch 254, §10; SDCL, §49-41-9; SL 1970, ch 261, §10; SL 1975, ch 283, §41.
SD Codified L § 49-34A-49 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-49 - Municipal offer to purchase electric facilities in annexed area.

49-34A-49. Municipal offer to purchase electric facilities in annexed area.Notwithstanding the provisions of §49-34A-42, whenever a municipality which owns and operates an electric utility extends its corporate boundaries through annexation or consolidation, such municipality shall either offer to purchase any electric utility properties and service rights within the annexed areas owned by any electric utility, or permit such utility to serve and expand in the annexed area, as provided in this chapter. The municipality shall notify the affected electric utility in writing of the boundaries of the annexed area and shall indicate such area on appropriate maps. Source: SL 1975, ch 283, §42.
SD Codified L § 49-34A-50 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-50 - Purchase price for electric facilities in area annexed by municipality.

49-34A-50. Purchase price for electric facilities in area annexed by municipality.If a municipality described by §49-34A-49 elects to purchase, the municipality shall, within one year following annexation, offer to purchase the electric distribution properties of the utility located within the annexed area, together with all of the utility's rights to serve within such area, for a cash consideration which shall consist of the present-day reproduction cost, new, of the facilities being acquired, less depreciation computed on a straight-line basis; plus an amount equal to the cost on a nonbetterment basis of constructing any necessary facilities to reintegrate the system of the utility outside the annexed area after detaching the portion to be sold; plus as compensation for service rights, an annual amount equal to the sum of twenty-five percent of the gross revenues received from power sales to consumers of electric power within the annexed area. The obligation of the annexing municipality to compensate the utility for service rights shall continue for eleven years from the date of the offer to purchase by the annexing municipality. During the eleven-year period, compensation for service rights to any one customer location within the annexed area shall be paid by the annexing municipality for a period of seven years or until the expiration of the eleven-year period, whichever is less. Gross revenues received shall be determined by applying the rate in effect by the municipality at the time of purchase. Source: SL 1975, ch 283, §42 (2); SL 1992, ch 330, §1; SL 2009, ch 239, §1.