reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-12 - Adoption of rules, regulations, and bylaws by directors--Majority as quorum--Majority vote required for action.

49-36-12. Adoption of rules, regulations, and bylaws by directors--Majority as quorum--Majority vote required for action.
The board of directors of a consumers power district may adopt rules and regulations, or bylaws, which are not inconsistent with the provisions of chapters 49-35 to 49-40, inclusive, for the conduct of the business and affairs of the district. A majority of the members of the board of directors shall constitute a quorum for the transaction of official business and the decision of the majority of the members of the board shall be required to be the act of the board.
Source:
SL 1950 (SS), ch 17, §31; SDC Supp 1960, §52.1731; SL 1989, ch 403, §16.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-13 - Officers of district--Certain officers elected from membership of board of directors.

49-36-13. Officers of district--Certain officers elected from membership of board of directors.
The board of directors of a consumers power district shall elect the officers of the district, who shall be a president, a vice-president, a secretary, and a treasurer, and the board may appoint an executive committee and other officers, including a general manager, agents, servants, and employees as shall be deemed necessary in handling the affairs and transacting the business of the district. The president and vice-president shall be elected from the membership of the board of directors.
Source:
SL 1950 (SS), ch 17, §28; SDC Supp 1960, §52.1728.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-14 - Bond of treasurer and other designated officers--Amount and conditions of bond--Cost.

49-36-14. Bond of treasurer and other designated officers--Amount and conditions of bond--Cost.
The treasurer, and other officers and employees the board of directors may designate, shall furnish and maintain a corporate surety bond in the amount of twenty thousand dollars. The bond shall be satisfactory in form and with sureties approved by the board. The bond shall be filed with the secretary of state. The cost of the bond shall be paid by the district.
Source:
SL 1950 (SS), ch 17, §28; SDC Supp 1960, §52.1728; SL 1989, ch 403, §17.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-15 - General manager as chief executive officer.

49-36-15. General manager as chief executive officer.
A general manager may be employed by a consumers power district on such terms as the board deems advisable. He shall be the chief executive officer of the district and, subject to the control of the board of directors, shall manage, conduct, and administer the affairs of the district in an efficient and economical manner.
Source:
SL 1950 (SS), ch 17, §30; SDC Supp 1960, §52.1730.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-16 - Compensation for members of board of directors.

49-36-16. Compensation for members of board of directors.
Members of the board of directors shall be paid their actual expenses while engaged in performing the duties of their office or otherwise engaged upon the business of the district. In addition thereto, they each shall receive as compensation for their services a sum to be determined by two-thirds or more of the members of the board of directors.
Source:
SL 1950 (SS), ch 17, §37; SDC Supp 1960, §52.1737; SL 1983, ch 343; SL 1989, ch 403, §18.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-18 - Interest in district contracts prohibited--Violation as ground for removal from office--Interest as voiding obligation under contract.

49-36-18. Interest in district contracts prohibited--Violation as ground for removal from office--Interest as voiding obligation under contract.
No officer, employee, or member of the board of directors of a consumers power district may be interested, directly or indirectly, either by himself or herself, or by agent, in any contract to which the district, or anyone for its benefit, is a party, and any such officer, employee, or director who shall have such an interest shall be subject to removal from office therefor by the board, subject to review of such action by the circuit court for the county in which the district maintains its principal place of business. Such interest in any contract by an officer, employee, or director shall void the obligation thereof on the part of the district.
This section does not apply to any contract of the district for the purchase or sale of power, energy, or any other products or services between the district and any political subdivision or public corporation, another consumers power district, or nonprofit cooperative financed in whole or in part by the Rural Electrification Administration or any other federal agency.
Source:
SL 1950 (SS), ch 17, §55; SDC Supp 1960, §52.1755; SL 1998, ch 276, §25.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 36 - Consumers Power District Directors, Officers And Agents › Section 49-36-19 - Authorization to bargain collectively with employees--Rights of employees to organize.

49-36-19. Authorization to bargain collectively with employees--Rights of employees to organize.
The board of directors of a consumers power district and the general manager, subject to the control of the board of directors, are hereby authorized to bargain collectively with employees of the district and their representatives with respect to wages, hours, and all other terms and conditions of their employment, and to enter into collective agreements with respect thereto with such employees and their representatives. The employees of the district shall, without limitation, have all the rights and protections provided by law for the aid and benefit of the employees of private corporations or firms, or individuals, including, without limitations, the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purposes of collective bargaining or other mutual aid or protection.
Source:
SL 1950 (SS), ch 17, §29; SDC Supp 1960, §52.1729.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-1 - Usual corporate powers--Power to hold property in conduct of business--Authority to promote district.

49-37-1. Usual corporate powers--Power to hold property in conduct of business--Authority to promote district.
Subject to the limitations of the petition for its creation and all amendments thereto, a consumers power district shall have all the usual powers of a corporation for public purposes and may purchase, hold, sell, and lease, as lessor or lessee, personal property and real estate, reasonably necessary for the conduct of its business, and may receive and hold property by gift, grant, will, exchange, or otherwise. A consumers power district may expend its money and use its assets and property to promote the district in any manner as the board of directors may determine.
Source:
SL 1950 (SS), ch 17, §39; SDC Supp 1960, §52.1739; SL 1989, ch 403, §19.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-2 - Acquisition or operation of electric plants and systems inside or outside district--Singular or joint operations--Purpose.

49-37-2. Acquisition or operation of electric plants and systems inside or outside district--Singular or joint operations--Purpose.
Subject to the limitations of the petition for its creation and all amendments thereto, a consumers power district may finance, own, construct, reconstruct, purchase, lease as lessor or lessee, or otherwise acquire, improve, extend, manage, use, or operate either singularly or jointly with others and anywhere within or without the boundaries of the district or the State of South Dakota any electric light and power plants, lines and systems, or interest therein, for the generation, transmission, or transformation of electric power and energy, necessary for or incidental to the carrying out of any power granted to it by law.
Source:
SL 1950 (SS), ch 17, §40; SDC Supp 1960, §52.1740; SL 1973, ch 286, §1; SL 1976, ch 298, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-3.1 - Criteria considered in development of power systems--Alternative sources--Board determination as to size of facility.

49-37-3.1. Criteria considered in development of power systems--Alternative sources--Board determination as to size of facility.
In order to provide electric power and energy to the people of this state at a more economical cost and with greater reliability, the board of directors of a consumers power district in providing for development of power plants, lines and systems or interest therein, for the generation, transmission, and transformation of electric power and energy, shall take into account, among other things, the reliability and availability of existing alternative supply sources and economies and exigencies to be achieved in developing large scale facilities for the generation and transmission of electric power and energy, whether or not such facilities have a capacity or capability in excess of the present or foreseeable needs of such district. A determination by a board of directors as to the size of the facility to be developed shall be made by resolution, and shall be final.
Source:
SL 1976, ch 298, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-4 - Contractual powers--Sale of electrical appliances or equipment prohibited.

49-37-4. Contractual powers--Sale of electrical appliances or equipment prohibited.
Subject to the limitations of the petition for its creation and all amendments thereto, a consumers power district may engage in, or transact business, or enter into any kind of contract or arrangement with any person, firm, corporation, limited liability company, association or labor union, state, county, municipality, governmental subdivision, or agency, or with the government of the United States, the Rural Electrification Administration, or with any officer, department, bureau, or agency thereof, or with any corporation organized by federal law, including the Reconstruction Finance Corporation, or any successor thereof, or with any body, politic or corporate, for any of the purposes mentioned in §§ 49-37-2 and 49-37-3.1 or for or incident to the exercise of any one or more of the foregoing powers, or for the generation, distribution, transmission, sale, purchase, exchange, interchange, wheeling, and pooling of electric power and energy for lighting, power, heating, and for any and every service involving, employing, or in any manner pertaining to the use of electric power and energy, by whatever means generated or distributed, or for the financing or payment of the cost and expense incident to the acquisition or operation of any such power plant or system or incident to any obligation or indebtedness entered into or incurred by the district. However, the district may not engage in the sale of electrical appliances or equipment.
Source:
SL 1950 (SS), ch 17, §40; SDC Supp 1960, §52.1740; SL 1975, ch 286; SL 1994, ch 351, §137; SL 2021, ch 200, § 5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-4.1 - Contract to designate party as agent for itself and district--Delegation of contractual powers to agent.

49-37-4.1. Contract to designate party as agent for itself and district--Delegation of contractual powers to agent.
Any consumers power district may contract, in cooperation with others in an electric generation or transmission facility, for the designation of one of the contracting parties as agent on behalf of itself and a consumers power district. Such contract may provide that one of the participants as agent of a consumers power district may make, execute and enter into contracts and let contracts without bids, settle claims, and perform the powers, duties and functions delegated to the agent by the consumer power district with respect to the construction, operation, and maintenance of an electric generation and transmission facility.
Source:
SL 1977, ch 394, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-4.2 - Validation of prior contracts providing for designation of agent.

49-37-4.2. Validation of prior contracts providing for designation of agent.
All contracts heretofore made, executed, and entered into by a consumers power district which consumers power district is participating in cooperation with others in an electric generation or transmission facility are in all things legalized, cured, and declared valid notwithstanding the fact that the contracts provides for the designation of one of the participants to such contract as agent on behalf of itself and a consumers power district, and notwithstanding the fact that the contract provides that one of the participants as agent of a consumers power district may make, execute and enter into contracts and let contracts without bids, settle claims, and perform the powers, duties, and functions delegated to the agent by the consumers power district with respect to the construction, operation, and maintenance of an electric generation and transmission facility.
Source:
SL 1977, ch 394, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-4.3 - Cooperation in generation and transmission facilities--Permissible terms of contract.

49-37-4.3. Cooperation in generation and transmission facilities--Permissible terms of contract.
Any consumers power district may contract in cooperation with others in an electric generation and transmission facility. Such contract may provide that the parties to the contract may be exempted from responsibilities of their respective negligence to the other party or parties with respect to the construction, operation, maintenance and management of an electric generation and transmission facility. Such contract may further provide for nonpartitionment and that the contract may be governed by the laws of the state in which such electric generation and transmission facilities are located.
Source:
SL 1978, ch 348.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-5 - Duty to sell at wholesale to municipalities or other political subdivisions.

49-37-5. Duty to sell at wholesale to municipalities or other political subdivisions.
A consumers power district which is engaged in the generation and transmission of electrical energy shall sell electrical energy at wholesale directly to any municipality or political subdivision or rural electrical associations and electrical distribution cooperatives or any person, firm, association, or corporation which in turn generates, transmits, or distributes electricity on a nonprofit basis in the state which is engaged in the distribution and sale of electrical energy when any such person or organization makes application for the purchase of electrical energy, if the district has the requested amount of electrical energy available for sale, and the applicant agrees to make or pay for the necessary physical connection with the electrical facilities of the district.
Source:
SL 1950 (SS), ch 17, §41; SDC Supp 1960, §52.1741; SL 1989, ch 403, §20.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-6 - Joint action with other districts.

49-37-6. Joint action with other districts.
A consumers power district shall have and may exercise any one or more of the powers, rights and privileges mentioned in §§49-37-1 to 49-37-5, inclusive, either alone or jointly with one or more other such districts.
Source:
SL 1950 (SS), ch 17, §42; SDC Supp 1960, §52.1742.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-7 - District as having no power to tax.

49-37-7. District as having no power to tax.
A consumers power district shall have no power of taxation, and no governmental authority shall have the power to levy or collect taxes for the purpose of paying, in whole or in part, any indebtedness or obligation of or incurred by the district or upon which the district may be or become in any manner liable.
Source:
SL 1950 (SS), ch 17, §43; SDC Supp 1960, §52.1743.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-8 - State and other political subdivisions not liable for district's obligations.

49-37-8. State and other political subdivisions not liable for district's obligations.
Neither the State of South Dakota, nor any county, municipality, school district, or other political subdivision of the state, nor any individual person, nor the property of any of such, shall ever be in any manner liable or responsible for any obligation of any consumers power district.
Source:
SL 1950 (SS), ch 17, §44; SDC Supp 1960, §52.1744; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-9 - Duty to cause estimates before entering into contract--Joint projects excepted--Minimum number of bids.

49-37-9. Duty to cause estimates before entering into contract--Joint projects excepted--Minimum number of bids.
Before any consumers power district enters into any contract for the construction, building, alteration, extension, or improvement of any power plant or system, or any part or section thereof, for the use of the district, or for the purchase of any materials, machinery, or equipment, excluding the purchase of electric power and energy, the district shall cause estimates of the cost thereof to be made by a competent engineer. If the estimated cost exceeds the sum of fifty thousand dollars, no contract may be entered into without advertising for sealed bids. However, this section does not apply to any consumers power district if the district, jointly with others, contracts for construction, building, alteration, extension, improvement, or leasing of any power plant or system. As far as practicable the board of directors shall secure at least two competitive quotations and retain them for their files. The board shall enter in the minutes a statement of the quotations received, identifying the bidder and the amount of the bid.
Source:
SL 1950 (SS), ch 17, §52; SDC Supp 1960, §52.1752; SL 1973, ch 286, §3; SL 1975, ch 287; SL 1983, ch 344; SL 1989, ch 403, §21.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-9.1 - Prior joint acts validated despite bid law noncompliance.

49-37-9.1. Prior joint acts validated despite bid law noncompliance.
All acts and proceedings had prior to January 1, 1975, and all contracts, expenditures and acquisitions made prior to January 1, 1975, by any consumers power district of the state where the consumers power district jointly with others contracted for the construction, building, alteration, extension, improvements, or the leasing of any power plant or system are in all things legalized, cured, and declared valid.
Source:
SL 1975, ch 289; SL 2021, ch 200, § 6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-10 - Competitive bidding requirements suspended during emergency.

49-37-10. Competitive bidding requirements suspended during emergency.
In the event of sudden or unexpected damage, injury or impairment of such plant, works, system, or other property belonging to a consumers power district, the board of directors may, in its discretion, declare an emergency, and proceed with the necessary repairs, alterations, extensions, additions, or other work, without first complying with the provisions of §49-37-9.
Source:
SL 1950 (SS), ch 17, §53; SDC Supp 1960, §52.1753.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-11 - Competitive bidding requirements suspended during war.

49-37-11. Competitive bidding requirements suspended during war.
When, by reason of disturbed or disrupted economic conditions due to the prosecution of war or due to the operation of laws, rules, or regulations of governmental authorities, whether enacted, passed, promulgated, or issued under or due to the emergency or necessities of war or national defense, the contracting or purchasing by a consumers power district, for any one or more of the purposes mentioned in §49-37-9 is so restricted, prohibited, limited, allocated, regulated, rationed, or otherwise controlled, that the letting of contracts therefor, pursuant to the requirements of said section, is legally or physically impossible or impractical, the provisions of said section shall not apply to such contract or purchases.
Source:
SL 1950 (SS), ch 17, §54; SDC Supp 1960, §52.1754.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-12 - Private industry prohibited from owning assets of district--Consent of voters--Sale of individual items permitted.

49-37-12. Private industry prohibited from owning assets of district--Consent of voters--Sale of individual items permitted.
Neither by sale under foreclosure, receivership or bankruptcy proceedings, nor by alienation in any other manner, may the property of a consumers power district become the property or come under the control of any private person, firm or corporation engaged in the business of generating, transmitting or distributing electricity for profit, by action of the directors of said district without consent of the voters of the district as expressed by a majority vote at any regular or special election called and held for such purpose. But nothing in this section contained shall prevent the district from selling any individual item of equipment, machinery, supplies or facilities which shall be considered by the directors as surplus, obsolete, or no longer necessary to the operation of the district.
Source:
SL 1950 (SS), ch 17, §61; SDC Supp 1960, §52.1760.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-13 - Privilege tax levied against district.

49-37-13. Privilege tax levied against district.
For the privilege of engaging in the business of generating, distributing, transmitting, purchasing, selling electric energy for public use, or any other business as provided in chapters 49-35 to 49-40, inclusive, there is levied upon, and shall be collected from, each consumers power district an occupational excise tax equal to all the taxes, including, but not limited to, licenses, excise, property, and special assessment taxes, except federal taxes, which a person, partnership, limited liability company, association, or private corporation engaged in a similar business would be required to pay.
Source:
SL 1950 (SS), ch 17, §66; SDC Supp 1960, §52.1765; SL 1994, ch 351, §138.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-14 - Computation and payment of tax.

49-37-14. Computation and payment of tax.
For the purpose of determining the occupational excise tax levied by §49-37-13:
(1)All property owned, leased, operated, or controlled by any district shall be assessed and the tax equivalent computed, collected, paid, and apportioned in the same manner and for the same purposes as may now or hereafter be provided by law for the assessment and taxation of similar property similarly used by a private electric public utility; and
(2)Each district shall comply in the same manner and for the same purposes as may now or hereafter be provided by law for the return, assessment, collection, payment, and apportionment of all occupational, privilege, excise, or special assessment taxes, or licenses, levied or imposed upon any person, partnership, limited liability company, association, or private corporation engaged in a similar business.
Source:
SL 1950 (SS), ch 17, §66; SDC Supp 1960, §52.1765; SL 1994, ch 351, §139.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-15 - Taxes on districts qualifying as rural electric companies.

49-37-15. Taxes on districts qualifying as rural electric companies.
Notwithstanding §§49-37-13 and 49-37-14, if a consumers power district comes within the classification of rural electric companies as defined in chapter 10-36, then the provisions of that chapter shall apply to said district.
Source:
SL 1950 (SS), ch 17, §66; SDC Supp 1960, §52.1765.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-16 - Charges for services--Discrimination prohibited.

49-37-16. Charges for services--Discrimination prohibited.
The board of directors of any district organized under chapter 49-35 shall have the power and be required to fix, establish and collect adequate rates, tolls, rents, and other charges, for electrical energy, and for any services or facilities sold, furnished or supplied by the district, which rates, tolls, rents, and charges shall be fair, reasonable, nondiscriminatory, and so adjusted as in a fair and equitable manner to confer upon and distribute among the users and consumers of services furnished or sold by the district the benefits of a successful operation and conduct of the business of the district.
Source:
SL 1950 (SS), ch 17, §67; SDC Supp 1960, §52.1766.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-17 - Districts not within jurisdiction of Public Utilities Commission.

49-37-17. Districts not within jurisdiction of Public Utilities Commission.
The South Dakota Public Utilities Commission shall have no jurisdiction over the districts organized under chapter 49-35, or over their rates, charges, or operations.
Source:
SL 1950 (SS), ch 17, §68; SDC Supp 1960, §52.1767.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-18 - District as franchised to use streets of municipality for transmission lines.

49-37-18. District as franchised to use streets of municipality for transmission lines.
If the majority of the voters of any municipality voting thereon shall vote in favor of the formation of a consumers power district, the annexation of territory or a municipality to an existing district, or the consolidation of two or more districts, as the case may be, such action shall be construed as the granting of a franchise to occupy any of the streets, alleys, or public places of the municipality to transmit and distribute electrical energy for heat, light and power.
Source:
SL 1950 (SS), ch 17, §70; SDC Supp 1960, §52.1769.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-19 - Contracts with municipality for sale at wholesale--Authority of municipality.

49-37-19. Contracts with municipality for sale at wholesale--Authority of municipality.
A consumers power district shall have authority to contract with municipalities for the sales, transmission, and delivery of electrical energy at wholesale; and a municipality shall have authority to purchase at wholesale electrical energy from a district without the granting of a franchise to such district.
Source:
SL 1950 (SS), ch 17, §71; SDC Supp 1960, §52.1770.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-20 - Other contracts with municipalities--Authority of municipality.

49-37-20. Other contracts with municipalities--Authority of municipality.
Contracts, other than franchises, which any municipality is empowered to make with any consumers power district to furnish such municipality, or its inhabitants, with electrical energy, shall be made in the same manner and upon the same terms and conditions as such municipality is now or hereafter empowered to make with any private corporation to furnish such municipality, or its inhabitants, with electrical energy.
Source:
SL 1950 (SS), ch 17, §72; SDC Supp 1960, §52.1771.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-21 - Districts as works of internal improvement--Applicability of laws respecting internal improvements.

49-37-21. Districts as works of internal improvement--Applicability of laws respecting internal improvements.
All power plants and systems, constructed or otherwise acquired, or used or operated by any consumers power district under the provisions of chapters 49-35 to 49-40, inclusive, or proposed by such district to be so constructed, acquired, owned, used, or operated, are hereby declared to be works of internal improvement. All laws applicable to works of internal improvement, and all provisions of law now applicable to electric light and power corporations, as regards the exercise of the power of eminent domain, the use and occupation of state and other public lands and highways, the appropriation, or other acquisition, for any of the purposes contemplated in said chapters, the manner or method of construction and physical operation of power plants, systems, and transmission lines, as hereby contemplated, shall be applicable as nearly as may be, to districts organized under chapter 49-35, and in the performance of the duties conferred or imposed upon them under the provisions of chapters 49-35 to 49-40, inclusive.
Source:
SL 1950 (SS), ch 17, §78; SDC Supp 1960, §52.1777.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-22 - Just compensation for use of state waters--Amount of compensation.

49-37-22. Just compensation for use of state waters--Amount of compensation.
No inferior right to the use of the waters of this state shall be acquired by a superior right without just compensation therefor to the inferior user. The just compensation paid to those using water for power purposes shall not be greater than the cost of replacing the power which would be generated in the plant or plants of the power user by the water so acquired.
Source:
SL 1950 (SS), ch 17, §79; SDC Supp 1960, §52.1778.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-23 - Liability of district respecting use of water.

49-37-23. Liability of district respecting use of water.
Any consumers power district shall be liable for all breaks, overflow, and seepage damage.
Source:
SL 1950 (SS), ch 17, §80; SDC Supp 1960, §52.1779.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-24 - Investment of district funds--Regulations--Investment officer.

49-37-24. Investment of district funds--Regulations--Investment officer.
A consumer power district may invest, deposit or administer its public funds, moneys, and securities in the classes of securities and investments approved for investment of state public funds under the provisions of chapter 4-5. The board of directors of a district may promulgate investment policy regulations pertaining to the kind or nature of investments of any of the moneys, funds, or securities and any restrictions on the methods for investment which govern the person or firm designated by the board of directors to invest the district's moneys. The board may designate an officer, employee, other person or firm to act as its investment officer.
Source:
SL 1981, ch 339.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 37 - Consumers Power District Powers And Operations › Section 49-37-25 - Indemnification of directors, officers, employees or agents.

49-37-25. Indemnification of directors, officers, employees or agents.
A consumers power district may indemnify any person who was or is a party or is threatened to be made a party to any pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative by reason of the fact that he is or was a director, officer, employee, or agent of the consumers power district or is or was serving at the request of the consumers power district as a director, officer, employee, or agent or other enterprise, against expenses including attorneys' fees, judgments, fines, and amounts paid in settlement actually and reasonably incurred by him in connection with the action, suit, or proceeding if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the consumers power district and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. However, this section does not apply to any action by or in the right of the consumers power district.
Source:
SL 1989, ch 403, §22.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 38 - Consumers Power District Records, Accounts And Reports › Section 49-38-1 - Minutes of meetings--Books of account--Place of keeping--Public inspection.

49-38-1. Minutes of meetings--Books of account--Place of keeping--Public inspection.
The board of directors of a consumers power district shall keep accurate minutes of their meetings and accurate records and books of account, conforming to approved methods of bookkeeping, clearly setting out and reflecting the entire operation, management and business of the district. The books and records shall be kept at the principal place of business of the district or at other regularly maintained place or places of business of the district as designated by the board of directors, with due regard to the convenience of the district and its customers in the several localities or divisions served or from which the information is thus gathered or obtained. The books and records of the district shall at reasonable business hours be open to public inspection.
This section does not apply to information provided to the district by any other entity, or to information as to pricing of power between the district and any other entity. Such information is available to the auditor general.
Source:
SL 1950 (SS), ch 17, §32; SDC Supp 1960, §52.1732; SL 1998, ch 276, §27.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 38 - Consumers Power District Records, Accounts And Reports › Section 49-38-2 - Annual audit by department of legislative audits--Filing with auditor-general--Cost of audit.

49-38-2. Annual audit by department of legislative audits--Filing with auditor-general--Cost of audit.
The fiscal year of a consumers power district shall coincide with the calendar year. The board of directors, at the close of each year's business, shall cause an audit of the books, records, and financial affairs of the district to be made by the South Dakota Department of Legislative Audits or by a certified public accountant or firm of such accountants, who shall be selected by the district, subject to the approval of the auditor-general of South Dakota. The audit shall be in a form prescribed by the auditor-general and shall contain and show the items set forth in this chapter. When the audit has been examined and approved by the auditor-general, written copies thereof shall be placed and kept on file at the principal place of business of the district, and shall be filed with the auditor-general within one hundred and twenty days after December thirty-first of each year. Each district shall pay the cost of such audit.
Source:
SL 1950 (SS), ch 17, §33; SDC Supp 1960, §52.1733; SL 1989, ch 403, §23.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 38 - Consumers Power District Records, Accounts And Reports › Section 49-38-3 - Contents of audit.

49-38-3. Contents of audit.
In each consumers power district, the auditor-general shall require audits pursuant to §49-38-2 to set forth:
(1)The gross income from all sources of the district for the year previous;
(2)The gross amount of electrical energy supplied by said district;
(3)The amount expended during the previous year for maintenance;
(4)The amount expended during the previous year for plant investments;
(5)The amount of depreciation of the plant during the previous year;
(6)The cost of supplying electrical energy, including production cost, transmission cost and distribution cost;
(7)The number of employees as of December thirty-first of each year;
(8)The salaries paid; and
(9)All other facts necessary to give an accurate and comprehensive view of the cost of maintaining and operating the district.
Source:
SL 1950 (SS), ch 17, §34; SDC Supp 1960, §52.1734.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 38 - Consumers Power District Records, Accounts And Reports › Section 49-38-4 - Time for audit--Furnishing information to auditor.

49-38-4. Time for audit--Furnishing information to auditor.
The audit and report required by §§49-38-2 and 49-38-3 shall be made at the close of the fiscal year. The person making the examination and audit shall have access to all the districts books, records, vouchers, papers, contracts, or other data. It is hereby made the duty of all officers, agents and servants of said district to furnish to the person making the audit, his agents, servants, and employees, such information regarding the auditing of such district as may be deemed essential.
Source:
SL 1950 (SS), ch 17, §35; SDC Supp 1960, §52.1735.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 38 - Consumers Power District Records, Accounts And Reports › Section 49-38-7 - Expenditure of district moneys--Approval by board of directors.

49-38-7. Expenditure of district moneys--Approval by board of directors.
Money of a consumers power district shall be paid out or expended only upon the authorization or approval of the board of directors, and by check, draft, warrant, electronic payment, or other instrument in writing, signed by the treasurer, assistant treasurer, or such other officer, employee, or agent of the district who is authorized by the treasurer to sign in the treasurer's behalf. However, the authorization shall be in writing and filed with the secretary of the district.
Source:
SL 1950 (SS), ch 17, §58; SDC Supp 1960, §52.1757; SL 1998, ch 276, §29.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 39 - Consumers Power District Borrowing And Indebtedness › Section 49-39-1 - Authority to borrow--Funds available for repayment--Security for loan.

49-39-1. Authority to borrow--Funds available for repayment--Security for loan.
Any district organized under chapter 49-35 may borrow money and incur indebtedness for any corporate use or purpose. Any indebtedness, liability, or obligation of the district for the payment of money, in whatever manner entered or incurred, and whether arising from contract, implied contract, or otherwise, shall be payable solely:
(1)From revenues, income, and receipts derived by the district from its operation and management of power plants or systems; or
(2)From the issuance or sale by the district of its warrants, notes, debentures, bonds, variable rate obligations, or other evidences of indebtedness, payable solely from such revenues, income, and receipts, or from the proceeds and avails of the sale of property of the district.
Any district may pledge and put up as collateral security for a loan any revenue debentures, notes, warrants, bonds, or other evidences of indebtedness, issued by it.
Source:
SL 1950 (SS), ch 17, §45; SDC Supp 1960, §52.1745; SL 1989, ch 403, §26.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 39 - Consumers Power District Borrowing And Indebtedness › Section 49-39-2 - Pledging revenues as security for borrowing.

49-39-2. Pledging revenues as security for borrowing.
Any consumers power district issuing revenue debentures, notes, warrants, bonds or other evidences of indebtedness is specifically authorized and empowered to pledge all or any part of the revenues which the district may derive from the sale of electrical energy or other service as security for payment of the principal and interest thereon. Any pledge of revenues shall be made by the directors of the district by resolution or by agreement with the purchasers or holders of revenue debentures, notes, warrants, bonds or other evidences of indebtedness. Any pledge of revenues made by a consumers power district pursuant to this chapter is valid and binding from the date the pledge is made and creates a perfected security interest in the revenues pledged. The revenues pledged and held or thereafter received by the consumers power district or any fiduciary are immediately subject to the lien of the pledge without physical delivery or further act, and the lien of the pledge is valid and binding against all parties having claims of any kind in tort, contract or otherwise against the entity, without regard to whether the parties have notice thereof. Neither resolution or agreement with the purchasers or holders of revenue debentures, notes, warrants, bonds or other evidences of indebtedness by which a pledge is created nor any financing statement, continuation statement, or other instrument relating to the pledge are required to be filed or recorded in any manner.
Source:
SL 1950 (SS), ch 17, §46; SDC Supp 1960, §52.1746; SL 1983, ch 345, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 39 - Consumers Power District Borrowing And Indebtedness › Section 49-39-3 - Resolution specifying particular revenues pledged.

49-39-3. Resolution specifying particular revenues pledged.
Any resolution or agreement pursuant to §49-39-2 may specify the particular revenues that are pledged and the terms and conditions to be performed by the district and the rights of the holders of such revenue debentures, notes, warrants, bonds, or other evidences of indebtedness, and may provide for priorities of liens in any such revenues as between the holders of revenue debentures, notes, warrants, bonds, or other evidences of indebtedness, issued at different times or under different resolutions or agreements.
Source:
SL 1950 (SS), ch 17, §47; SDC Supp 1960, §52.1747.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 39 - Consumers Power District Borrowing And Indebtedness › Section 49-39-4 - Refunding of indebtedness--Issuance of refunding securities--Disposition of proceeds.

49-39-4. Refunding of indebtedness--Issuance of refunding securities--Disposition of proceeds.
A resolution or agreement pursuant to §49-39-2 may further provide for the refunding of any revenue debentures, notes, warrants, bonds or other evidences of indebtedness through the issuance of other revenue debentures, notes, warrants, bonds or other evidences of indebtedness. The resolution may provide that holders are entitled to rights and priorities similar in all respects to those held by the revenue debentures, notes, warrants, bonds or other evidences of indebtedness that are refunded, and for the issuance of the refunding revenue debentures, notes, warrants, bonds or other evidences of indebtedness, either in exchange for revenue debentures, notes, warrants, bonds or other evidences of indebtedness then outstanding, or the sale thereof. The proceeds may be applied, in addition to any other authorized purposes, to the purchase, redemption or payment of the revenue debentures, notes, warrants, bonds or other evidences of indebtedness, then outstanding. Pending application of the proceeds of any refunding revenue debentures, notes, warrants, bonds or other evidences of indebtedness being refunded, if so provided or permitted in the resolution or agreement providing for the issuance of the refunding revenue debentures, notes, warrants, bonds or other evidences of indebtedness, to the payment of any interest on the refunding revenue debentures, notes, warrants, bonds or other evidences of indebtedness and any expenses in connection with the refunding, the proceeds may be invested in direct obligations of, or obligations the principal and interest of which are unconditionally guaranteed by the United States, or such other obligations as shall be provided or permitted by the resolution or agreement providing for the issuance of the revenue debentures, notes, warrants, bonds or other evidence of indebtedness being refunded, and which mature or are subject to redemption by the holders thereof at the option of the holders not later than the respective dates when the proceeds, together with the interest occurring thereof, will be required for the purposes intended.
Source:
SL 1950 (SS), ch 17, §48; SDC Supp 1960, §52.1748; SL 1983, ch 346, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 39 - Consumers Power District Borrowing And Indebtedness › Section 49-39-5 - Payment of pledged revenues into special fund--Use of revenues--Designation of depository.

49-39-5. Payment of pledged revenues into special fund--Use of revenues--Designation of depository.
Any resolution or agreement pursuant to §49-39-2 may provide that all or any part of the revenues of the district shall be paid into a special fund, and may set forth all the terms and conditions on which such special fund is to be collected, held and disposed of, whether partly or wholly for the benefit of the holders of such revenue debentures, notes, warrants, or other evidences of indebtedness. Provision may be made that such special fund shall be held by depositories designated or described in such resolution or agreement.
Source:
SL 1950 (SS), ch 17, §49; SDC Supp 1960, §52.1749.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 39 - Consumers Power District Borrowing And Indebtedness › Section 49-39-6 - Sale of bonds.

49-39-6. Sale of bonds.
All bonds of any consumers power district, whether issued to incur new indebtedness, or to refund or refinance existing indebtedness, shall be sold or negotiated for the benefit of the district by the directors in such manner as to them shall appear to be for the advantage, benefit and best interest of the district.
Source:
SL 1950 (SS), ch 17, §50; SDC Supp 1960, §52.1750; SL 1989, ch 403, §27.