reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-9 - Monthly reports to commission--Form and contents--Public inspection--Violation as misdemeanor.

49-43-9. Monthly reports to commission--Form and contents--Public inspection--Violation as misdemeanor.
The operator of each public grain warehouse shall, on or before the tenth day of each month and at such additional times as the commission requires, furnish the commission on forms prepared by the commission, reports showing the facts and information required by the commission. The reports are not for public inspection, but the commission may, upon request, furnish the total of the figures shown on the reports if the figures requested are for not less than four public grain warehouses. The commission may also require that a warehouse operator provide any other documents and information regarding the business of the warehouse. None of the documents and information obtained through the licensing and inspection processes are subject to public inspection. A violation of this section by an operator is a Class 1 misdemeanor.
Source:
SDC 1939, §60.0310; SL 1973, ch 287, §2; SL 1974, ch 299; SL 1983, ch 15, §161; SL 1985, ch 376, §31; SL 1992, ch 332, §3; SL 2008, ch 249, §15; SL 2013, ch 238, §4, eff. Apr. 1, 2013.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-10 - Yearly grain measurement--Additional reports--Violation as misdemeanor.

49-43-10. Yearly grain measurement--Additional reports--Violation as misdemeanor.
Each public grain warehouse shall obtain a yearly measurement of all the grain in its facility and shall provide the results of the measurement to the commission along with a daily position report as of the time of the measurement. The measurement shall be performed by a qualified person independent of the warehouse. If the commission finds the person performing the measurement is not qualified or independent, the commission may require a different person to perform the measurement.
The commission may also require the operator of a public grain warehouse to furnish under oath, a written report showing the condition and management of the business, the total number of bushels of each kind and grade of grain purchased and in store, the number delivered out, the number remaining in store at the date of the report, and any other information regarding the business of the public grain warehouse which the commission requires. A violation of this section is a Class 1 misdemeanor.
No warehouse need weigh the grain on hand more than once in each year, unless the commission requires an additional measurement as part of an investigation of the warehouse. If required by the commission, a warehouse shall measure its grain inventory at its expense. The commission shall designate a person who is qualified to perform the measurement, which may be an agent or employee of the warehouse or a third party as appropriate under the circumstances of the investigation.
Source:
SDC 1939, §60.0310; SL 1983, ch 15, §162; SL 1985, ch 376, §32; SL 1992, ch 332, §4; SL 2008, ch 249, §16.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-11 - Duty to receive grain--Exceptions--Violation as misdemeanor.

49-43-11. Duty to receive grain--Exceptions--Violation as misdemeanor.
The lessee, owner, or manager of a public grain warehouse which has furnished a bond and received a public grain warehouse license, shall receive for storage all grain offered for storage at the warehouse, which at the time of the offer are in suitable condition for storage, and which are tendered in the usual course of business. However, a warehouse operator may refuse to store grain if the capacity of the warehouse is exhausted or for other good cause. If requested, a warehouse operator that refuses to store grain shall provide the person requesting storage with the reason for the refusal in writing. The written notice of refusal shall state that the person being refused storage may file a complaint with the commission contesting the refusal. A violation of this section is a Class 1 misdemeanor.
Source:
SDC 1939, §60.0316; SL 1983, ch 15, §163; SL 1985, ch 376, §33; SL 1986, ch 397, §5; SL 2008, ch 249, §17.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-13 - Notice of market value of grain and accrued storage charges.

49-43-13. Notice of market value of grain and accrued storage charges.
By June thirtieth of each year, each warehouse operator shall provide written notice to each current depositor of all outstanding warehouse receipts, grain in open storage, and grain in a grain bank account. The notice shall state the market value of the grain and any accrued storage charges. Copies of the notices shall be kept and made available for inspection by the commission.
Source:
SDC 1939, §60.0316; SL 1973, ch 287, §3; SL 1985, ch 376, §34; SL 1986, ch 397, §6; SL 2008, ch 249, §18.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-14 - Issuance of new receipts--Cancellation of old receipts.

49-43-14. Issuance of new receipts--Cancellation of old receipts.
Upon the payment of all the accrued charges and the return of the storage receipt, a public warehouseman shall, if requested by the holder of an outstanding storage receipt, issue a new storage receipt to such holder and cancel the former receipt by endorsing thereon the words, "Canceled by the issuance of storage receipt No. ________," and inserting the number of the new storage receipt. The canceled storage receipt shall be signed by the warehouseman and the holder.
Source:
SDC 1939, §60.0316; SL 1985, ch 376, §35.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-15 - Conditions to issuance of receipt--Violation as misdemeanor.

49-43-15. Conditions to issuance of receipt--Violation as misdemeanor.
No warehouse receipt may be issued by a public grain warehouse except upon actual delivery of grain into the warehouse; nor may a receipt be issued for a greater quantity of grain than was actually received; nor may more than one receipt be issued for the same lot of grain, unless receipt for part of a lot is desired, and then the aggregate receipts for a particular lot shall cover that lot and no more. A violation of this section is a Class 1 misdemeanor.
Source:
SDC 1939, §60.0316; SL 1983, ch 15, §165; SL 1985, ch 376, §36; SL 2008, ch 249, §19.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-17 - Modification of warehouseman's liability prohibited.

49-43-17. Modification of warehouseman's liability prohibited.
No public grain warehouseman may insert into any warehouse receipt issued by him any language modifying his liability as imposed by the laws of this state.
Source:
SDC 1939, §60.0316; SL 1985, ch 376, §37.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-18 - Cancellation of receipt upon delivery of grain--Double delivery prohibited.

49-43-18. Cancellation of receipt upon delivery of grain--Double delivery prohibited.
Upon the delivery of grain from storage upon any receipt issued by a public grain warehouse, such receipt shall be plainly marked across its face "canceled," and is thereafter void and may not again be put in circulation, nor may grain be delivered twice upon the same receipt.
Source:
SDC 1939, §60.0317; SL 1985, ch 376, §38.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-19 - Partial delivery of grain--Issuance of new receipt--Terms of new receipt.

49-43-19. Partial delivery of grain--Issuance of new receipt--Terms of new receipt.
If a part of the grain represented by the receipt is delivered out of storage and the remainder is left, a new receipt may be issued for the remainder. The new receipt shall bear the same date as the original and shall state on its face that it is the balance of receipt of the original number, and the receipt upon which a part of the grain has been delivered shall be canceled in the same manner as if it had all been delivered.
Source:
SDC 1939, §60.0317; SL 1985, ch 376, §39.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-20 - Division or consolidation of receipts--Cancellation of original receipt--Terms of new receipt.

49-43-20. Division or consolidation of receipts--Cancellation of original receipt--Terms of new receipt.
If it is desirable to divide one receipt issued by a public grain warehouse into two or more, or if it is desirable to consolidate two or more receipts into one, and the warehouseman consents thereto, the original receipt shall be canceled the same as if the grain had been delivered from storage and the new receipts shall express on their face that they are a part of another receipt or a consolidation of other receipts, as the case may be. The numbers of the original receipt shall also appear upon the new ones issued as explanatory of the change. However, no consolidation of receipts of dates differing more than ten days may be permitted, and all new receipts issued for old ones canceled, as provided in this section, shall bear the same date as those originally issued.
Source:
SDC 1939, §60.0317; SL 1985, ch 376, §40.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-21 - Warehouseman prohibited from denying title of receipt holder.

49-43-21. Warehouseman prohibited from denying title of receipt holder.
No person doing a grain warehouse business having issued a receipt for the storage of grain as in this chapter provided, may thereafter be permitted to deny that the grain represented by the receipt is the property of the person to whom such receipt was issued or his assigns. Such receipts shall be considered so far as the duties, liabilities, and obligations of such warehouseman are concerned, conclusive evidence of the fact that the person to whom the receipt was issued, or his assigns, is the owner of such grain and is the person entitled to make surrender of such receipt and receive the grain thereby promised to be delivered.
Source:
SDC 1939, §60.0318; SL 1985, ch 376, §41.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-22 - Duty to redeliver grain.

49-43-22. Duty to redeliver grain.
Upon the return of any storage receipt by a receipt holder, a scale ticket for open storage grain, or a scale ticket for grain in a grain bank account, to the public grain warehouse issuing the receipt or scale ticket, and the tender of all proper charges on the grain represented by the receipt or scale ticket, the grain or an equal quantity of the same grade, kind and quality shall immediately be delivered to the holder of the receipt or scale ticket as rapidly as due diligence, care, and prudence justify.
Source:
SDC 1939, §60.0319; SL 1985, ch 376, §42; SL 2008, ch 249, §20.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-23 - Redelivery of identical grain not required--Deduction for dockage and foreign material--Guaranty respecting weight, grade, and quality.

49-43-23. Redelivery of identical grain not required--Deduction for dockage and foreign material--Guaranty respecting weight, grade, and quality.
Nothing in §49-43-22 means the delivery of the identical grain specified in the receipt or scale ticket. A warehouse may instead deliver an equal amount of the same grade, kind and quality. If the grain delivered has not been cleaned by the warehouse, there shall be added to the amount delivered the amount originally deducted from the grain stored for dockage and foreign material. If the grain is to be delivered from some terminal market point, the public grain warehouse issuing the storage receipts or scale tickets shall guarantee weight, grade, and quality.
Source:
SDC 1939, §60.0319; SL 1985, ch 376, §43; SL 2008, ch 249, §21.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-25 - Refusal to deliver grain as theft.

49-43-25. Refusal to deliver grain as theft.
Any public grain warehouseman who, after demand, tender and offer as provided in §49-43-22, willfully fails to deliver, as provided by §49-43-22, to the person making such demand, the full amount of grain of the kind and grade or market value thereof which such person may demand of such warehouseman, is guilty of theft.
Source:
SDC 1939, §60.9907; SL 1981, ch 177, §17; SL 1985, ch 376, §45.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-26 - Certificates of weight and grade to be forwarded to warehouse and available for inspection--Violation as grounds for license revocation.

49-43-26. Certificates of weight and grade to be forwarded to warehouse and available for inspection--Violation as grounds for license revocation.
Any person transacting the business of a public grain warehouseman, from whose public grain warehouse grain is shipped to any terminal point at which such grain is weighed, inspected, and graded by the officer of the state wherein such terminal point is situated, and certificates of such weighing, inspection, and grading are issued by such officer, shall immediately secure from such officer, either through the consignee of such grain or otherwise, such certificates or true and correct copies thereof. Such certificates or copies shall, within ten days after issuance be transmitted and delivered to the person having immediate charge of the public grain warehouse from which such grain was shipped, and shall be open to the inspection and examination of any person who has an ownership interest in such shipment. The commission may revoke the license of any public warehouseman found, upon hearing before it, to have violated such provisions.
Source:
SDC 1939, §§60.0320, 60.9908; SL 1983, ch 15, §166; SL 1983, ch 331, §15; SL 1985, ch 376, §46.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-32 - Warehouseman agreeing to delivery contrary to owner's directions as misdemeanor.

49-43-32. Warehouseman agreeing to delivery contrary to owner's directions as misdemeanor.
It is a Class 2 misdemeanor for any proprietor, lessee, or manager of a public grain warehouse to enter into a contract, agreement, understanding, or combination with a railroad company, corporation, or individual by which the property of any person is to be delivered to a public grain warehouse for storage or any other purpose contrary to the direction of the owner or his agent or consignee.
Source:
SDC 1939, §60.0313; SL 1983, ch 15, §169.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-33 - Pooling agreements between competing warehousemen as misdemeanor.

49-43-33. Pooling agreements between competing warehousemen as misdemeanor.
It is a Class 2 misdemeanor for a warehouseman, company, or corporation engaged in the purchase and storage of grain subject to this chapter, to enter into a contract, agreement, or combination with any other warehousemen, company, or corporation for pooling in the purchase and storage of grain by different and competing warehousemen, companies, or corporations and to divide between them the aggregate or net proceeds of margins or profits resulting from their business as warehousemen, or any portion thereof. Each day of the contractual continuance is a separate offense.
Source:
SDC 1939, §60.0324; SL 1983, ch 15, §170; SL 1985, ch 376, §49.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-35 - Grain bank accounts--Establishment and maintenance.

49-43-35. Grain bank accounts--Establishment and maintenance.
Any grain delivered by a depositor to a public grain warehouse for a grain bank account shall be considered stored grain and is covered by the warehouse bond required pursuant to §49-43-5.3. Notwithstanding §49-43-2.1, a negotiable warehouse receipt need not be given to a depositor for any grain delivered for a grain bank account. However, the public grain warehouseman shall establish and maintain all grain bank accounts in a separate ledger which shall show the dates any grain was received from or redelivered to the depositor and the amount and quality of the grain which was received or redelivered. Any grain delivered into a grain bank account shall be a bailment and title to the grain shall remain with the depositor. The warehouseman shall keep sufficient grain inventory to cover all grain bank obligations. The grain bank ledger shall be kept current and show the latest activity date. Any storage, receiving, handling or redelivery charges adopted by the commission pursuant to §49-43-7 do not apply to grain banks. However, the public grain warehouseman and depositor may agree on a service fee by contract for the storage of grain in a grain bank account. If the last grain in a grain bank account is redelivered to the depositor, or as agreed by contract between the parties, the public grain warehousemen shall give the depositor a settlement sheet showing the dates, amount and quality of grain received, redelivered, and the amount of any service fees.
Source:
SL 1994, ch 359, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-36 - Open storage grain considered stored grain.

49-43-36. Open storage grain considered stored grain.
Open storage grain is considered stored grain and is covered by the warehouse bond required pursuant to §49-43-5.3.
Source:
SL 2008, ch 249, §24.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-37 - Insurance of grain against loss--Violation as misdemeanor.

49-43-37. Insurance of grain against loss--Violation as misdemeanor.
A public grain warehouse shall keep all grain in the warehouse insured at current market value against loss by fire, windstorm, and extended coverage risks. The warehouse operator shall furnish the commission with proof of the insurance when the operator applies for a license. A violation of this section is a Class 1 misdemeanor.
Source:
SL 2008, ch 249, §25.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-38 - Records to be kept in safe place--Inspection.

49-43-38. Records to be kept in safe place--Inspection.
A public grain warehouse shall keep all records of grain purchased and stored and all receipts, scale tickets, and contracts issued and canceled in a safe place. The records shall be kept current and open for inspection by the commission. Each record shall be retained for a period of six years.
Source:
SL 2008, ch 249, §26.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-39 - Notice of damage to or destruction of warehouse.

49-43-39. Notice of damage to or destruction of warehouse.
The operator of a public grain warehouse shall notify the commission, within twenty-four hours, if the public grain warehouse is destroyed or substantially damaged.
Source:
SL 2008, ch 249, §27.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-40 - Inspection of grain warehouses--Subpoena power and examination of witnesses.

49-43-40. Inspection of grain warehouses--Subpoena power and examination of witnesses.
The commission shall cause every public grain warehouse, whether licensed or unlicensed, to be inspected at such times as the commission considers necessary. The inspector shall report in writing to the commission the result of the inspection. The inspector may, at any time during business hours, enter any public grain warehouse or any structure, vehicle, or enclosure in which the books and accounts of any public grain warehouse are kept, and may examine all the books, accounts, and electronic records relating to the transaction of business in such public grain warehouse either within or without the state. The commission may in all matters arising under this chapter exercise the power of subpoena and examine witnesses in accordance with chapter 1-26.
Source:
SL 2008, ch 249, §28; SL 2011, ch 211, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-41 - Provision of requested records--Civil fine.

49-43-41. Provision of requested records--Civil fine.
Any public grain warehouse operator, owner, manager, or chief executive officer of a grain warehouse, or any other person in a managerial position in the state who refuses access to the warehouse's books and accounts or hinders and delays the commission or any of its employees or agents in examining the books and accounts, may be assessed a civil fine not exceeding twenty thousand dollars.
Source: SL 2008, ch 249, §29; SL 2013, ch 238, §5, eff. Apr. 1, 2013; SL 2022, ch 174, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-42 - Memorandum of adjustments.

49-43-42. Memorandum of adjustments.
Upon completing an inspection an inspector may issue a memorandum of adjustments. The commission may assess a civil fine in the amount of two hundred dollars for failure to comply with the memorandum of adjustments within thirty days. After thirty days, each day that the memorandum goes uncorrected may be considered a separate offense.
Source:
SL 2008, ch 249, §30.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-43 - Provisions regarding uniform warehouse receipts applicable.

49-43-43. Provisions regarding uniform warehouse receipts applicable.
Unless otherwise specifically provided by this chapter, the provisions regarding uniform warehouse receipts in chapter 57A-7 apply to the receipts and contracts of public grain warehouses operating within this state.
Source:
SL 2008, ch 249, §31.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-44 - Issuance of receipt for goods not actually received or under the warehouse's control as felony.

49-43-44. Issuance of receipt for goods not actually received or under the warehouse's control as felony.
Any public grain warehouse operator, or any officer, agent, or employee, who issues a receipt knowing that the goods for which the receipt is issued have not been actually received by the warehouse, or are not under the warehouse's actual control at the time of issuing the receipt, is guilty of a Class 5 felony.
Source:
SL 2008, ch 249, §32.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-45 - Issuance of receipt with false statement as misdemeanor.

49-43-45. Issuance of receipt with false statement as misdemeanor.
Any grain warehouse operator, or any officer, agent, or employee who fraudulently issues a receipt for goods knowing that it contains any false statement, is guilty of a Class 1 misdemeanor.
Source:
SL 2008, ch 249, §33.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-46 - Issuance of duplicate receipt not marked as duplicate prohibited--Exceptions--Violation as felony.

49-43-46. Issuance of duplicate receipt not marked as duplicate prohibited--Exceptions--Violation as felony.
Any grain warehouse operator, or any officer, agent or employee, who issues a duplicate or additional negotiable receipt for goods knowing that a former negotiable receipt for the same goods or any part of them is outstanding and uncanceled, without plainly placing upon the face thereof the word, duplicate, except in the case of a lost or destroyed receipt after proceedings as provided for in subdivision 57A-7-601(1), is guilty of a Class 5 felony.
Source:
SL 2008, ch 249, §34.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-47 - Receipt for goods owned by warehouse solely or with another to state ownership--Violation as misdemeanor.

49-43-47. Receipt for goods owned by warehouse solely or with another to state ownership--Violation as misdemeanor.
If there are deposited with or held by a warehouse goods of which the warehouse is owner, either solely or jointly or in common with others, the warehouse operator, or any officer, agent, or employee, who, knowing this ownership, issues or aids in issuing a negotiable receipt for such goods which does not state the ownership, is guilty of a Class 1 misdemeanor.
Source:
SL 2008, ch 249, §35.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-48 - Receipt to be obtained at or before delivery of goods from warehouse--Violation as misdemeanor.

49-43-48. Receipt to be obtained at or before delivery of goods from warehouse--Violation as misdemeanor.
Any grain warehouse operator, or any officer, agent, or employee, who delivers goods out of the possession of the grain warehouse, knowing that a negotiable receipt, the negotiation of which would transfer the right to the possession of such goods, is outstanding and uncanceled, without obtaining the possession of the receipt at or before the time of the delivery, except in the cases provided for in subdivisions 57A-7-206(1) to (3), inclusive, subdivisions 57A-7-210(1) and (2), and subdivision 57A-7-601(1), is guilty of a Class 1 misdemeanor.
Source:
SL 2008, ch 249, §36.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-49 - Negotiation of receipt without disclosing lack of title or existence of lien as misdemeanor.

49-43-49. Negotiation of receipt without disclosing lack of title or existence of lien as misdemeanor.
Any person who deposits goods to which the person does not have title, or upon which there is a lien or mortgage, and who takes for the goods a negotiable receipt which the person afterwards negotiates for value with intent to deceive and without disclosing the person's lack of title or the existence of the lien or mortgage is guilty of a Class 1 misdemeanor.
Source:
SL 2008, ch 249, §37.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-50 - Appeal of commission decision.

49-43-50. Appeal of commission decision.
An aggrieved party may appeal any decision of the commission made in the course of administration of this chapter in accordance with chapter 1-26.
Source:
SL 2008, ch 249, §38.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-51 - Falsely weighing agricultural product as misdemeanor.

49-43-51. Falsely weighing agricultural product as misdemeanor.
It is a Class 1 misdemeanor for any person to falsely weigh any grain or any other agricultural product.
Source:
SL 2008, ch 249, §39.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-52 - Grain and warehouse fund established.

49-43-52. Grain and warehouse fund established.
Any money collected by the commission pursuant to chapters 49-43 and 49-45 shall be paid into the state treasury and credited to the grain and warehouse fund which is hereby established in the state treasury. Any money credited in the fund and any interest earned on the fund are continuously appropriated to the commission for the implementation of the provisions of chapters 49-43 and 49-45.
Source:
SL 2008, ch 249, §40.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-54 - Contract with independent provider to maintain electronic warehouse receipts.

49-43-54. Contract with independent provider to maintain electronic warehouse receipts.
A warehouse operator may contract with an independent provider to maintain electronic warehouse receipts for grain. A warehouse operator shall issue electronic warehouse receipts through only one independent provider. Prior to engaging in the issuance of electronic warehouse receipts, a warehouse operator shall enter into a user agreement with an independent provider approved by the commission. All electronic warehouse receipts issued by the warehouse operator shall be filed in the independent provider's electronic central filing system.
Source:
SL 2012, ch 232, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-55 - Commission approval of independent provider--Revocation of approval.

49-43-55. Commission approval of independent provider--Revocation of approval.
The independent provider shall be approved by the commission prior to operating in the state. The commission may approve an independent provider if the commission finds the independent provider is able to maintain a secure electronic central filing system of electronic records including warehouse receipts, is independent of outside influence or bias in action or appearance, and has entered into a provider agreement with the commission. Approval may be revoked by the commission if the independent provider fails to comply with the provisions of this chapter or the provider agreement.
Source:
SL 2012, ch 232, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-56 - Maintenance of secure electronic central filing system--Promulgation of rules.

49-43-56. Maintenance of secure electronic central filing system--Promulgation of rules.
An independent provider shall file and maintain electronic warehouse receipts only on behalf of licensed warehouse operators who contract with the independent provider for those services. An independent provider shall maintain a secure electronic central filing system of electronic records including warehouse receipts and shall be independent of outside influence or bias in action or appearance. The provisions for issuance and cancellation of warehouse receipts found in this chapter apply to electronic warehouse receipts except to the extent the provisions are only applicable to paper receipts. The commission may promulgate rules in accordance with chapter 1-26 regarding the provisioning of a secure electronic central filing system of electronic documents by an independent provider, the approval or disapproval of the ability of an independent operator to operate in the state, and the issuance and cancellation of electronic warehouse receipts by an independent provider that operates in this state.
Source:
SL 2012, ch 232, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-57 - Depositor right to paper warehouse receipt.

49-43-57. Depositor right to paper warehouse receipt.
No warehouse operator may require a depositor to accept an electronic warehouse receipt in lieu of a paper warehouse receipt.
Source:
SL 2012, ch 232, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-58 - Commission access to central filing system--Memorandum of adjustments--Civil penalties.

49-43-58. Commission access to central filing system--Memorandum of adjustments--Civil penalties.
An independent provider shall allow the commission unrestricted access to the central filing system for electronic warehouse receipts maintained on behalf of warehouse operators licensed by the commission. The electronic warehouse receipt data shall be maintained for six years after cancellation of the receipts. Access shall be made available in a manner that allows interaction with commission warehouse examinations. Access shall be free of any charge or costs to the commission. The commission may exercise the power of subpoena and examine witnesses in accordance with chapter 1-26. An independent provider that refuses access to the independent provider's central filing system or hinders and delays the commission or any of its employees or agents in examining the books and accounts may be punished by a civil fine not to exceed two thousand dollars. In addition, the commission may revoke the ability of the independent provider to issue electronic warehouse receipts.
Upon completing an inspection, an inspector may issue a memorandum of adjustments. The commission may assess a civil fine in the amount of two hundred dollars a day for failure to comply with the memorandum of adjustments within thirty days. After thirty days, each day that the memorandum goes uncorrected may be considered a separate offense.
Source:
SL 2012, ch 232, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-59 - Surrender of electronic warehouse receipt to commission--Grain receivership--Surety bond claim.

49-43-59. Surrender of electronic warehouse receipt to commission--Grain receivership--Surety bond claim.
An independent provider shall allow for the commission to be a sole or joint holder of an electronic warehouse receipt if the issuing warehouse operator's license has been revoked and at least one of the following applies:
(1)The electronic warehouse receipt has been surrendered to the commission by a claimant for the proceeds of a grain receivership pursuant to this chapter; or
(2)The electronic warehouse receipt has been surrendered to the commission by a claimant for payment of a surety bond claim pursuant to this chapter.
If an electronic receipt holder files a claim against a grain receivership or against the surety bond, the commission shall obtain the consent and instruction of the holder to change the holder information on the independent provider's central filing system. The independent provider shall take any action ordered by the commission in regard to an electronic warehouse receipt involved with a grain receivership or a surety bond claim. The commission shall provide documentary evidence of the claim and any resulting required action to the independent provider.
Source:
SL 2012, ch 232, §7.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-60 - Independent provider to be authorized to transact business in South Dakota--Jurisdiction--Venue--Liability for costs.

49-43-60. Independent provider to be authorized to transact business in South Dakota--Jurisdiction--Venue--Liability for costs.
Prior to being approved as an independent provider by the commission, an independent provider shall be authorized to transact business in the State of South Dakota and shall consent to jurisdiction in the State of South Dakota and venue in Hughes County, South Dakota. An independent provider is liable to the commission for costs incurred by the commission as a result of action taken in the event of a failure of the central filing system or any inability to provide the access required in §49-43-58.
Source:
SL 2012, ch 232, §8.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-61 - Parent company furnishing financial statements responsible for financial obligations of licensed entity.

49-43-61. Parent company furnishing financial statements responsible for financial obligations of licensed entity.
If an applicant for a warehouse license that is a subsidiary of a parent company submits the financial statements of the parent company, the parent company furnishing the financial statements is responsible for all the financial obligations incurred by the licensed entity related to the purchase and storage of grain, including any voluntary credit sale contract.
Source:
SL 2013, ch 238, §6, eff. Apr. 1, 2013; SL 2015, ch 236, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-62 - Grain warehouse operator's financial condition--Notice to commission--Penalty--Civil fine.

49-43-62. Grain warehouse operator's financial condition--Notice to commission--Penalty--Civil fine.
If during the licensing period a grain warehouse operator becomes aware that the grain warehouse is not in compliance with each financial standard, as set forth in the commission's rules, the grain warehouse operator shall immediately notify the commission of the grain warehouse's financial condition. When notification occurs, the commission shall immediately conduct an examination to determine if any grounds for suspension pursuant to §49-43-5.6 have occurred.
A willful violation of this section that results in a financial loss to a grain depositor is punishable as theft under chapter 22-30A.
A willful violation that does not result in a financial loss to a grain depositor is a Class 1 misdemeanor.
The commission may assess a grain warehouse that is out of compliance a civil fine in an amount not to exceed five thousand dollars for each day the grain warehouse has been out of compliance, up to a maximum of fifty thousand dollars.
Source: SL 2013, ch 238, §7, eff. Apr. 1, 2013; SL 2022, ch 174, §3; SL 2022, ch 177, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 43 - Public Grain Warehouses › Section 49-43-63 - Owner, manager, or chief executive officer responsible for violation is subject to criminal penalty.

49-43-63. Owner, manager, or chief executive officer responsible for violation is subject to criminal penalty.
The owner, manager, or chief executive officer of a grain warehouse, or any other person in a managerial position, who is responsible for any violation of this chapter by a grain warehouse is subject to any criminal penalty that applies to a grain warehouse under the provisions of this chapter.
Source:
SL 2013, ch 238, §8, eff. Apr. 1, 2013.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-1 - Grain buyer's license--Penalty--Civil fine.

49-45-1. Grain buyer's license--Penalty--Civil fine.
Before transacting the business of a grain buyer in this state, a person shall obtain a grain buyer license from the commission.
A violation of this section is a Class 5 felony if the person holds himself or herself out to be a grain broker and a Class 1 misdemeanor in all other cases. Each purchase of grain without a license is a separate offense.
A grain buyer transacting business without a license may be enjoined upon complaint of the commission.
The commission may assess a civil fine against an unlicensed grain buyer in the amount of five thousand dollars for each purchase of grain, up to a maximum fine of fifty thousand dollars per licensing period, as set forth in §49-45-3.
For purposes of this section, the term, purchase of grain, means a transaction evidenced by the issuance of a uniform scale ticket or receipt, as described in §49-45-10.1.
Source: SL 1949, ch 434, §1; SL 1957, ch 488; SDC Supp 1960, §60.0335; SL 1983, ch 15, §174; SL 1985, ch 376, §71; SL 1992, ch 332, §5; SL 2008, ch 251, §1; SL 2022, ch 174, §4; SL 2022, ch 175, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-1.1 - Definitions.

49-45-1.1. Definitions.
Terms used in this chapter mean:
(1)"Commission," the Public Utilities Commission;
(2)"Grain," grain, grain sorghums, beans, pulse crops, and oil seeds. The term does not include grain that has been cleaned, processed, and specifically identified for an intended use of planting for reproduction, grain received for consignment that will be processed by the consignee for an intended use of planting for reproduction, or grain purchased to feed livestock;
(3)"Grain broker," a person who is involved in the negotiation of a grain transaction in this state and:
(a)Is compensated for that involvement by at least one party to the transaction; and
(b)Does not take title to the grain that is subject to the transaction;
(4)"Grain buyer," any person who purchases grain for the purpose of reselling the unprocessed grain or who purchases three hundred thousand dollars' worth or more of grain directly from producers in a calendar year. Nothing in this chapter applies to the isolated resale of grain by a producer who does not hold himself or herself out as engaging in the business of reselling grain;
(5)"Holds himself or herself out," the creation of an assumption or the use of any kind of title, sign, symbol, document, or term indicating or conveying the idea that the person whose name is so connected is competent, qualified, authorized, or entitled to engage in certain activities;
(6)"Person," any natural person, firm, corporation, company, limited liability company, partnership, association, or joint stock company, or the lessee, trustee, or receiver appointed by any court for any one of the foregoing;
(7)"Producer," a person engaged in the business of grain production; and
(8)"Voluntary credit sale," a sale of grain or seeds pursuant to which the sale price is to be paid more than thirty days after the delivery or release of the grain for sale, including those contracts commonly referred to as deferred-payment contracts, deferred-pricing contracts, and price-later contracts
Source: SL 1985, ch 376, §69; SL 1986, ch 397, §9; SL 1994, ch 351, §141; SL 2002, ch 216, §1; SL 2008, ch 251, §2; SL 2009, ch 248, §1; SL 2013, ch 238, §9, eff. Apr. 1, 2013; SL 2017, ch 200, §4; SL 2022, ch 175, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-3 - Expiration, revocation, and suspension of license--Appeal.

49-45-3. Expiration, revocation, and suspension of license--Appeal.
Each license issued pursuant to §49-45-1 expires on the next June thirtieth following the issuance of the license. The commission may at any time for cause shown revoke or suspend any grain buyer license. However, the grain buyer has the right of appeal from such decisions as provided by chapter 1-26 for the review of final decisions of the commission.
Source:
SL 1949, ch 434, §1; SL 1957, ch 488; SDC Supp 1960, §60.0335; SL 1974, ch 300; SL 1985, ch 376, §74; SL 2008, ch 251, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-6 - Supervision of grain buyers--Promulgation of rules.

49-45-6. Supervision of grain buyers--Promulgation of rules.
The commission shall supervise the business of grain buyers in this state and administer the laws in relation thereto. The commission may promulgate rules, pursuant to chapter 1-26, concerning:
(1)The form of a grain buyer's bond and application and the information required to be included for licensing;
(2)Requirements for posting grain buyer's licenses;
(3)Notice requirements to sellers who enter into voluntary credit sale agreements;
(4)Requirements for filing financial statements with the commission and the financial standards by which the statements are approved when considering whether to license a grain buyer;
(5)Requirements for grain buyers to provide information to sellers regarding the statutes and rules relating to grain buyers;
(6)Requirements and procedures for releasing bonds; and
(7)Procedures and requirements for license suspension, revocation, transfer of ownership, or insolvency by a grain buyer.
Source:
SL 1985, ch 376, §70; SL 1986, ch 22, §26; SL 1990, ch 371, §7; SL 1992, ch 332, §6; SL 2008, ch 251, §4; SL 2011, ch 211, §6; SL 2020, ch 202, § 1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-7 - Application for license--Contents--Issuance or denial--Multiple warehouses of licensee.

49-45-7. Application for license--Contents--Issuance or denial--Multiple warehouses of licensee.
An application for a grain buyer license shall be filed with the commission and shall be in a form prescribed by the commission. The application shall set forth the name of each owner or principal in the management of the business and shall contain financial information depicting the financial condition of the business at the time of application. If the applicant is a corporation, the application shall include the name of the president, secretary, and treasurer of the corporation. The application shall also include the location of the principal office or place of business and any additional place of business of the applicant. 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.
Upon receipt of an application and sufficient bond as required by §49-45-9, the commission may grant the license applied for or may, for good cause shown and after notice and an opportunity for hearing, deny the issuance of the license.
If a grain buyer has more than one grain buying facility in the same municipality, only one license is required for all the grain buying facilities.
Source:
SL 1985, ch 376, §72; SL 1994, ch 359, §7; SL 2008, ch 251, §5; SL 2013, ch 238, §10, eff. Apr. 1, 2013; SL 2017, ch 200, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-7.1 - Classes of grain buyer's license.

49-45-7.1. Classes of grain buyer's license.
An applicant may apply for a Class A grain buyer's license or a Class B grain buyer's license. No grain buyer with a Class B grain buyer's license may purchase grain in excess of five million dollars for the annual licensed period or enter into voluntary credit sale contracts. The commission shall require an applicant for a Class A grain buyer's license to submit a more detailed review of its financial condition than an applicant for a Class B grain buyer's license.
Source:
SL 2008, ch 251, §6; SL 2018, ch 268, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 45 - Grain Buyers › Section 49-45-8 - Fee for license application--Waiver.

49-45-8. Fee for license application--Waiver.
The application for a grain buyer license shall be accompanied by a fee of two hundred seventy-five dollars for each municipality or location at which the grain buyer receives grain. If the grain buyer making application for a license also holds a license to operate a public grain warehouse or is, at the same time, making application to operate a public grain warehouse under chapter 49-43, the fee imposed by this section is waived.
Source:
SL 1985, ch 376, §73; SL 1996, ch 277, §4; SL 2008, ch 250, §2; SL 2011, ch 211, §7; SL 2013, ch 238, §11, eff. Apr. 1, 2013.