reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-12.8 - Availability of telecommunications services information--Notification of adverse change in rates, terms, or conditions.

49-31-12.8. Availability of telecommunications services information--Notification of adverse change in rates, terms, or conditions.
A telecommunications company shall make available to any person, in at least one location, during regular business hours, information concerning its current rates, terms, and conditions for all of its telecommunications services. The information shall be made available in an easy to understand format and in a timely manner. Following an inquiry or complaint from a person concerning a rate, term, or condition for a telecommunications service, a telecommunications company shall specify that such information is available and the manner in which the person may obtain the information. A telecommunications company shall notify a customer of any materially adverse change to any rate, term, or condition of any telecommunications service being provided to the customer. The notification shall be made at least thirty days in advance of the change.
Source:
SL 2007, ch 267, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-15 - Access to telecommunications facilities--Application to commission--Order requiring access--Apportionment of expenses.

49-31-15. Access to telecommunications facilities--Application to commission--Order requiring access--Apportionment of expenses.
The commission may compel access to any telecommunications facilities in this state. Any telecommunications company desiring access to any other company's facilities shall, if access is refused, make an application to the commission. Upon receipt of the application, the commission shall ascertain the facts in the case. If in its judgment the public service demands the access and the facilities of the applicant are in proper condition, the commission may order the access upon such terms and conditions that are found to be in the public interest and apportion the expense of the access.
Source:
SDC 1939, §52.1316; SL 1947, ch 235; SL 1987, ch 345, §62; SL 1992, ch 328, §23.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-18 - Access provided to companies doing business in same vicinity--Discrimination prohibited.

49-31-18. Access provided to companies doing business in same vicinity--Discrimination prohibited.
Every telecommunications company shall provide access for any other telecommunications company doing business in the same vicinity that makes application therefor and shall afford all reasonable and proper facilities for such access, for reasonable compensation and without discrimination, and under rules the commission may prescribe. To provide access facilities at reasonable rates and to enhance and preserve universal service, the commission may establish methods designed to determine and implement fair and reasonable access rates by rules promulgated pursuant to chapter 1-26.
Source:
SDC 1939, §52.1316; SL 1947, ch 235; SL 1987, ch 345, §65; SL 1988, ch 375, §23; SL 1992, ch 328, §26.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-19 - Tariff of access charges--Approval by commission.

49-31-19. Tariff of access charges--Approval by commission.
Access charges for switching and transporting telecommunications services between facilities shall be published in the tariff filed by the telecommunications company providing the access.
Notwithstanding any exemption granted under §49-31-5.1, any telecommunications company providing telecommunications access services which are classified as emerging or noncompetitive shall file its access tariffs with the commission for approval pursuant to §49-31-12.4 or 49-31-12.5, as applicable.
Source:
SDC 1939, §52.1316; SL 1947, ch 235; SL 1987, ch 345, §66; SL 1992, ch 328, §27.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-20 - Merger, consolidation, or transfer of stock or other ownership interests--Notification.

49-31-20. Merger, consolidation, or transfer of stock or other ownership interests--Notification.
Any telecommunications company that holds a certificate of authority to operate in this state shall notify the commission of any consolidation or merger or transfer of stock or other ownership interests that will result in a different person then owning more than fifty percent of the company's stock or ownership interests.
Source:
SDC 1939, §52.1312; SL 1951, ch 259; SL 1987, ch 345, §67; SL 1988, ch 375, §24; SL 1992, ch 328, §28; SL 1998, ch 274, §21; SL 2005, ch 245, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-25 - Disclosure of contents, refusal to send or forging receipt of message as misdemeanor--Judicially ordered disclosure excepted.

49-31-25. Disclosure of contents, refusal to send or forging receipt of message as misdemeanor--Judicially ordered disclosure excepted.
It is a Class 2 misdemeanor for any person connected in any capacity with a telecommunications company, with the intent to injure, deceive or defraud the sender or intended receiver thereof, or the company or provider, or to benefit himself or any other person, to:
(1)Intentionally divulge the contents or the nature of a private communication entrusted to him for transmission or delivery;
(2)Refuse or neglect to transmit or deliver the private communication; or
(3)Intentionally forge the name of the intended receiver to the private communication.
The provisions of this section do not apply to any person who divulges the contents of a private communication upon the order of a circuit court judge.
Source:
SDC 1939, §§52.1319, 52.9926; SL 1983, ch 15, §116; SL 1987, ch 345, §69.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-26 - Disclosure of message without written permission of sender or addressee as misdemeanor--Judicial disclosure excepted.

49-31-26. Disclosure of message without written permission of sender or addressee as misdemeanor--Judicial disclosure excepted.
Any person not connected with a telecommunications company, who discloses the contents of a private communication addressed to another person, in the course of transmission or in any other manner, without the written permission of the sender of the communication, or of the person to whom the communication is addressed, except upon order of a circuit court judge, is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §13.4511; SL 1983, ch 15, §117; SL 1987, ch 345, §70.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-28 - Party line and emergency calls--Definitions.

49-31-28. Party line and emergency calls--Definitions.
For the purposes of §§49-31-29 and 49-31-30 the following terms have the meanings ascribed to them as follows:
(1)"Party line" means a subscribers' line telephone circuit, consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number;
(2)"Emergency" means a situation in which property or human life are in jeopardy, and the prompt summoning of aid is essential.
Source:
SL 1959, ch 49, §1; SDC Supp 1960, §13.1629.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-29 - Intentional refusal to relinquish party line in emergency as misdemeanor.

49-31-29. Intentional refusal to relinquish party line in emergency as misdemeanor.
Any person who intentionally refuses to immediately relinquish a party line when informed that such line is needed for an emergency call actually existing as defined in subdivision 49-31-28(2), to a fire department, to a law enforcement officer or department, for medical aid or for ambulance service, is guilty of a Class 2 misdemeanor.
Source:
SL 1959, ch 49, §2; SDC Supp 1960, §13.1628; SL 1983, ch 15, §119.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-29.1 - "Communication device" and "emergency" defined.

49-31-29.1."Communication device" and "emergency" defined.
Terms used in §§49-31-29.1 and 49-31-29.2 mean:
(1)"Communication device," any device, including a telephone, cellular telephone, computer, or radio which may be used in an attempt to summon law enforcement, fire department, medical, or other emergency personnel;
(2)"Emergency," any situation in which human health or safety is in imminent danger.
Source:
SL 2002, ch 214, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-29.2 - Interference with emergency communication--Violation a misdemeanor.

49-31-29.2. Interference with emergency communication--Violation a misdemeanor.
If a person is attempting to summon aid to an emergency or has communicated a desire to summon aid to an emergency, no person may prohibit or interrupt, or attempt to prohibit or interrupt, another person's use of a communication device by either of the following:
(1)Using or threatening to use physical force, intimidation, interference, or any other form of violence; or
(2)Destroying, disabling, or damaging a communication device.
A violation of this section is a Class 1 misdemeanor.
Source:
SL 2002, ch 214, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-30 - Securing line by claiming nonexistent emergency as misdemeanor.

49-31-30. Securing line by claiming nonexistent emergency as misdemeanor.
Any person who obtains the use of a party line by falsely stating that the line is needed for an emergency is guilty of a Class 2 misdemeanor.
Source:
SL 1959, ch 49, §3; SDC Supp 1960, §13.1630; SL 1983, ch 15, §120.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-31 - Contact by telephone or other device--Threatening, harassing, or misleading contacts--Penalty.

49-31-31. Contact by telephone or other device--Threatening, harassing, or misleading contacts--Penalty.
It is a Class 1 misdemeanor for a person to use a telephone or other electronic communication device for any of the following purposes:
(1)To contact another person with intent to terrorize, intimidate, threaten, harass, or annoy such person by using obscene or lewd language or by suggesting a lewd or lascivious act;
(2)To contact another person with intent to threaten to inflict physical harm or injury to any person or property;
(3)To contact another person with intent to extort money or other things of value;
(4)To contact another person with intent to disturb that person by repeated anonymous telephone calls or intentionally failing to replace the receiver or disengage the telephone connection; or
(5)Except as allowed in §49-31-31.2, to contact or to attempt to contact another person and, in so doing, intentionally cause to be displayed as caller identification, a fictitious or misleading name or telephone number:
(a)To defraud, cause harm, or wrongfully obtain anything of value from another person; or
(b)Of another person who has not granted the person the right to display that other person's name or phone number, as applicable.
It is a Class 1 misdemeanor for a person to knowingly permit a telephone or other electronic communication device under his or her control to be used for a purpose prohibited by this section.
Source: SL 1967, ch 30, §1; SL 1983, ch 15, §121; SL 2008, ch 240, §1; SL 2011, ch 206, §1; SL 2022, ch 170, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-31.1 - Electronic communication device defined.

49-31-31.1. Electronic communication device defined.
For the purposes of §§49-31-31 and 49-31-33, an electronic communication device is any electronic device capable of transmitting signs, signals, writing, images, sounds, messages, data, or other information by wire, radio, light waves, electromagnetic means, or other similar means, including telephones, cellular phones, and computers.
Source:
SL 2011, ch 206, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-31.2 - Caller identification--Fictitious or misleading--Exceptions.

49-31-31.2. Caller identification--Fictitious or misleading--Exceptions.
The provisions of subdivision 49-31-31(5) do not apply to:
(1)An authorized activity of a law enforcement agency;
(2)Any investigative, protective, or intelligence activity of a law enforcement agency of the United States, this state or its political subdivisions, or another state or its political subdivisions; or an intelligence agency of the United States;
(3)A protective services or domestic violence shelter or facility;
(4)A telecommunications company in:
(a)Blocking or restricting the name or phone number from being displayed by caller identification equipment or devices; or
(b)Displaying caller identification data sent to the company from the caller; or
(5)Any activity pursuant to a court order that specifically authorizes the use of caller identification manipulation.
Source: SL 2022, ch 170, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-32 - Obscene telephone calls--Failure to replace receiver--Prima facie evidence of unlawfulness.

49-31-32. Obscene telephone calls--Failure to replace receiver--Prima facie evidence of unlawfulness.
The use of obscene or lewd language or the making of a threat or lewd suggestion or the failure to replace the telephone receiver as set forth in §49-31-31 shall be prima facie evidence of the intent to terrorize, intimidate, threaten, harass, annoy or disturb another person.
Source:
SL 1967, ch 30, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-32.1 - Dial-a-porn communications prohibited--Violation as misdemeanor.

49-31-32.1. Dial-a-porn communications prohibited--Violation as misdemeanor.
It is unlawful for any person, for consideration, by means of a telephone communication for commercial purposes, to make directly or by means of an electronic recording device, any comment, request, suggestion or proposal which is obscene. Any person who makes any such comment, request, suggestion or proposal is subject to prosecution under this section regardless of whether the person placed or initiated the telephone call. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1989, ch 196, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-32.2 - Liability of persons for illegal use of telephone or facility under their control--Violation as misdemeanor.

49-31-32.2. Liability of persons for illegal use of telephone or facility under their control--Violation as misdemeanor.
It is unlawful for any telephone subscriber or individual to permit knowingly any telephone or telephone facility connected to a local exchange telephone under the telephone subscriber's or the individual's control to be used for any purpose prohibited by §§49-31-32.1 to 49-31-32.3, inclusive. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1989, ch 196, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-32.3 - Each day of violation constitutes separate offense.

49-31-32.3. Each day of violation constitutes separate offense.
For the purposes of §§49-31-32.1 to 49-31-32.3, inclusive, each day of a violation constitutes a separate offense.
Source:
SL 1989, ch 196, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-33 - Place of commission of offense committed by telephone or other electronic communication device.

49-31-33. Place of commission of offense committed by telephone or other electronic communication device.
Any offense committed by use of a telephone or other electronic communication device as set forth in §49-31-31 is considered to have been committed at either the place where the telecommunications message or electronic communication originated or at the place where the telecommunications message or electronic communication was received.
Source:
SL 1967, ch 30, §3; SL 1987, ch 345, §71; SL 2011, ch 206, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-35 - Severability and saving clause respecting unlawful telephone calls.

49-31-35. Severability and saving clause respecting unlawful telephone calls.
If any provision of §§49-31-31 to 49-31-33, inclusive, is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of said sections and applicability thereof to other persons and circumstances shall not be affected thereby, and to this end, the provisions of said sections are hereby declared severable.
Source:
SL 1967, ch 30, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-36 - Manufacture, possession or transfer of instrument for fraudulently obtaining telecommunications service as misdemeanor.

49-31-36. Manufacture, possession or transfer of instrument for fraudulently obtaining telecommunications service as misdemeanor.
Any person:
(1)Who makes or possesses an instrument, apparatus, equipment or device designed, adapted or which can be used to obtain telecommunications service fraudulently or to conceal from the supplier of telecommunications service or from a lawful authority the existence or place of origin or of destination of a telecommunication; or
(2)Who sells, gives or otherwise transfers to another, or offers or advertises for sale, an instrument, apparatus, equipment or device described above, or plans or instructions for making or assembling the same; under circumstances evincing an intent to use or employ the instrument, apparatus, equipment or device, or to allow the same to be used or employed, for a purpose described above, or knowing or having reason to believe that the same is intended to be so used, or that the aforesaid plans or instructions are intended to be used for making or assembling such instrument, apparatus, equipment or device,
is guilty of a Class 2 misdemeanor.
Source:
SL 1965, ch 225; SL 1983, ch 15, §123.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-37 - Obtaining telecommunications service without payment as theft.

49-31-37. Obtaining telecommunications service without payment as theft.
Any person who obtains telecommunications service by the use of a false, revoked, counterfeit or nonexistent credit card, or who obtains telecommunications service by charging the price for such service to a false or nonexistent telephone number or to an existing telephone number without the authority of the holder thereof, or who, through the use of any scheme or device, obtains the transmission of a communication without payment of the lawful charges is guilty of theft.
Source:
SDC 1939, §131.1832 as enacted by SL 1959, ch 38; SL 1969, ch 31; SL 1973, ch 285; SL 1983, ch 15, §124; SL 1987, ch 345, §72.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-38 - Violation of provision of chapters 49-1A, 49-13, and 49-31 and of order, rule, or regulation concerning telecommunication company regulation--Civil fine.

49-31-38. Violation of provision of chapters 49-1A, 49-13, and 49-31 and of order, rule, or regulation concerning telecommunication company regulation--Civil fine.
Any person who violates, neglects, fails, or refuses to comply with any of the provisions of chapters 49-1A, 49-13, and this chapter, not otherwise specifically penalized in those chapters, or who violates, neglects, fails, or refuses to comply with any lawful order, rule, or regulation of the commission in connection with the regulation of telecommunications companies, is punishable, after notice and opportunity for hearing, by a civil fine of not less than two hundred nor more than one thousand dollars for each offense.
Source:
SDC 1939, §52.9927; SL 1983, ch 15, §125; SL 1983, ch 331, §11; SL 1987, ch 345, §73; SL 2004, ch 283, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-38.1 - Intentional violation of provision of chapters 49-1A, 49-13, and 49-31 and of order, rule, or regulation of commission--Civil fine.

49-31-38.1. Intentional violation of provision of chapters 49-1A, 49-13, and 49-31 and of order, rule, or regulation of commission--Civil fine.
Except as otherwise specifically provided, any person who intentionally does or causes to be done, or intentionally permits or omits to be done, any act, matter or thing prohibited, required, or declared to be unlawful in chapters 49-1A, 49-13, and this chapter, or intentionally violates, or refuses to comply with any lawful order, rule, or regulation of the commission, is punishable, after notice and opportunity for hearing, by a civil fine of not less than five hundred nor more than five thousand dollars for each offense.
Source:
SDC 1939, §52.9909; SDCL, §49-3-29; SL 1983, ch. 15, §97; SL 1983, ch 331, §8; SL 1987, ch 345, §74; SL 1992, ch 328, §30; SL 2004, ch 283, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-38.2 - Additional penalty for violations--Forfeiture of franchise--Foreign corporations.

49-31-38.2. Additional penalty for violations--Forfeiture of franchise--Foreign corporations.
In addition to any penalty imposed or remedy provided in chapters 49-7 to 49-13, inclusive, and this chapter, if any telecommunications company willfully continues to neglect or refuse to comply with the provisions of those chapters, or with any reasonable order or regulation of the commission, such neglect or refusal shall cause a forfeiture of the franchise of the corporation, if the corporation is a domestic corporation. If the corporation is a foreign corporation, such neglect or refusal shall cause a forfeiture of all rights and privileges to transact its business within this state.
Source:
SDC 1939, §52.0254; SDCL, §49-3-25; SL 1987, ch 345, §75; SL 1992, ch 328, §31.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-38.3 - Action by attorney general to forfeit franchise or enjoin transaction of business.

49-31-38.3. Action by attorney general to forfeit franchise or enjoin transaction of business.
The attorney general shall commence an action in any court of competent jurisdiction in this state, or against any telecommunications company for the purpose of having its corporate franchise forfeited, or for the purpose of having it perpetually enjoined from transacting any business within this state, when the commission reports that any telecommunications company has violated the provisions of §49-31-38.2.
Source:
SDC 1939, §52.0255; SDCL, §49-3-26; SL 1987, ch 345, §76.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-41 - Security on stay of order--Conditions.

49-31-41. Security on stay of order--Conditions.
Notwithstanding the provisions of §1-26-32, if an order of the commission is stayed or suspended, the court shall require a bond with good and sufficient surety, conditioned that the telecommunications company or any other party petitioning for review shall answer for all damages caused by the delay in enforcing the order of the commission and for all compensation for the difference between whatever sums for service provided by the telecommunications company that any person is compelled to pay pending review proceedings and the sum the person or corporation would have been compelled to pay had the commission's order not been stayed or suspended. The court may, in addition or in lieu of the bond, require other further security for the payment of the excess damages or charges.
Source:
SL 1983, ch 332, §3; SL 1987, ch 345, §79.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-42 - Proceedings before circuit court on appeal--Priority.

49-31-42. Proceedings before circuit court on appeal--Priority.
Upon the filing of the record in the office of the clerk, the circuit court shall process the appeal pursuant to chapter 1-26. Such cases have precedence over all other civil causes pending before the court.
Source:
SL 1983, ch 332, §5; SL 1987, ch 345, §80; SL 1992, ch 328, §34.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-44 - Creation of telecommunications investigation fund--Purposes of fund--Deposit by telecommunications company.

49-31-44. Creation of telecommunications investigation fund--Purposes of fund--Deposit by telecommunications company.
There is hereby created a fund within the state treasury to be known as the telecommunications investigation fund which shall be used by the commission to defray the expenses of conducting investigations or public hearings relating to §§49-31-3.2 to 49-31-3.4, inclusive, 49-31-4, and 49-31-4.1, or arbitration proceedings conducted pursuant to 47 U.S.C. §252 as of January 1, 1998. Each telecommunications company as defined in subdivision 49-31-1(26) that is a party to an official docket to exercise commission authority pursuant to §§49-31-3.2 to 49-31-3.4, inclusive, 49-31-4 and 49-31-4.1, or arbitration proceedings conducted pursuant to 47 U.S.C. §252 as of January 1, 1998, shall make a deposit not to exceed seventy-five thousand dollars in the telecommunications investigation fund. The amount and the division of the deposit among the companies, if any, shall be designated by commission order. However, any costs incurred related to arbitration proceedings conducted pursuant to 47 U.S.C. §252 as of January 1, 1998, shall be shared equally among the parties. The commission shall use the deposit to defray the expense incident to conducting the hearing or investigation of the company making the deposit. The deposit is appropriated to the use of the commission for such purpose. The funds necessary for such expenses are hereby authorized to be expended.
Source:
SL 1951, ch 260, §1; SL 1953, ch 280, §1; SDC Supp 1960, §52.0273; SDCL, §49-10-28; SL 1987, ch 345, §82; SL 1988, ch 375, §30; SL 1991, ch 381, §11; SL 1998, ch 274, §26.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-45 - Payment of investigation and hearing expenses--Procedure for payment--Accounting of company's deposit--Notice and order as to amount to be returned.

49-31-45. Payment of investigation and hearing expenses--Procedure for payment--Accounting of company's deposit--Notice and order as to amount to be returned.
The expenses incurred in any investigation or hearing conducted in pursuance of §49-31-44 shall be paid out of the fund on warrants drawn by the state auditor upon itemized vouchers submitted by the commission. The commission shall keep and maintain a detailed record of the amount expended from each deposit by each company making a deposit. Upon the conclusion of the investigation or hearing, the commission shall make an accounting of the deposit and shall give the company making the deposit, within thirty days of the final decision, notice in writing of the itemization and the amount that is proposed to be returned to the company. Any company protesting the itemization may file objections with the commission within thirty days of receiving the itemization. The commission shall resolve any objections by order consistent with chapter 1-26.
Source:
SL 1951, ch 260, §2; SL 1953, ch 280, §1; SDC Supp 1960, §52.0273; SDCL, §49-10-29; SL 1987, ch 345, §83; SL 1988, ch 375, §31; SL 1991, ch 381, §12.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-46 - Payment for participation in federal proceedings.

49-31-46. Payment for participation in federal proceedings.
The commission is hereby authorized, in addition to the purposes referred to in §49-31-44, to use the telecommunications investigation fund therein created to defray the cost and expense of participating in proceedings before federal agencies involving increases in interstate rates in South Dakota by any telecommunications company.
Source:
SL 1957, ch 269; SDC Supp 1960, §52.0273-1; SDCL, §49-10-30; SL 1987, ch 345, §84; SL 1991, ch 381, §13.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-47 - Communication devices and services provided to persons with disabilities.

49-31-47. Communication devices and services provided to persons with disabilities.
The Department of Human Services shall establish and administer a statewide program to provide telecommunication and other communication devices and services to residents of this state who have disabilities that prevent them from having communication access and maintain a dual party relay system making all phases of public telecommunications and communication service available to persons who are deaf, hard of hearing, or speech impaired. This program may be implemented through contracts with public or private organizations that provide services to persons who are deaf or persons with other severe disabilities.
Source:
SL 1989, ch 401, §1; SL 1997, ch 267, §1; SL 2014, ch 221, §1; SL 2019, ch 8, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-48 - Telecommunication or communication device for individuals with disabilities--Dual party relay system.

49-31-48. Telecommunication or communication device for individuals with disabilities--Dual party relay system.
A telecommunication or communication device for individuals with disabilities is a device that enables the individual to communicate. A dual party relay system provides voice, digital and electronic text, or visual communication between users of telecommunication or communication devices and other persons.
Source:
SL 1989, ch 401, §6; SL 1997, ch 267, §2; SL 2014, ch 221, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-49 - Telecommunication or communication device remains property of state for three years.

49-31-49. Telecommunication or communication device remains property of state for three years.
A telecommunication or communication device furnished by the Department of Human Services pursuant to the provisions of §§49-31-47 to 49-31-56, inclusive, remains the property of the state for three years, after which it becomes the property of the recipient. During the initial three years, a person who receives a telecommunication or communication device from the department pursuant to the provisions of this section is liable to the department for the loss of or damage to the device. Any money collected by the department pursuant to the provisions of this section shall be deposited in the telecommunication fund from which the expenditure occurred.
Source:
SL 1989, ch 401, §2; SL 1997, ch 267, §3; SL 2014, ch 221, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-50 - Telecommunication funds for persons with hearing and other disabilities--Continuous appropriation.

49-31-50. Telecommunication funds for persons with hearing and other disabilities--Continuous appropriation.
There is created in the state treasury the telecommunication fund for the deaf and the telecommunication fund for other disabilities for the deposit and disbursement of money collected pursuant to the provisions of §§49-31-49 and 49-31-51. There is hereby continuously appropriated the sum of two hundred thousand dollars ($200,000), or so much thereof as may be necessary, each year from the telecommunication fund for the deaf to the Department of Human Services to provide one or two cochlear implants to any child who suffers from severe to profound hearing loss. The child shall be less than twenty-one years of age at the time of the implant.
Source:
SL 1989, ch 401, §3; SL 1990, ch 373, §1; SL 1997, ch 267, §4; SL 2005, ch 246, §1; SL 2007, ch 268, §1; SL 2010, ch 222, §1; SL 2014, ch 221, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-50.1 - Use of funds appropriated pursuant to § 49-31-50.

49-31-50.1. Use of funds appropriated pursuant to §49-31-50.
Funds appropriated pursuant to §49-31-50 may only be used for:
(1)The costs of providing a cochlear implant to a child who is not covered under a plan of health insurance; or
(2)Any portion of the costs of providing a cochlear implant to a child that is not paid by any plan of health insurance covering the child but only for those amounts payable by the covered person under the plan's deductible and coinsurance provisions.
Source:
SL 2005, ch 246, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-50.2 - Rules relating to cochlear implants.

49-31-50.2. Rules relating to cochlear implants.
The Department of Human Services shall promulgate rules pursuant to chapter 1-26 to establish standards for eligibility criteria, the basis for and extent of provider payments on behalf of the eligible person, levels of payment, administration, audit requirements, and record keeping of providing cochlear implants.
Source:
SL 2005, ch 246, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-50.3 - Approval of vouchers--Warrants.

49-31-50.3. Approval of vouchers--Warrants.
The secretary of the Department of Human Services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by §§49-31-50 to 49-31-50.3, inclusive.
Source:
SL 2005, ch 246, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-51 - Access fee imposed on local exchange service lines, cellular telephones and radio pager devices--Report of fee on monthly bills--Report on and remission of fees--Disposition of funds collected.

49-31-51. Access fee imposed on local exchange service lines, cellular telephones and radio pager devices--Report of fee on monthly bills--Report on and remission of fees--Disposition of funds collected.
There is hereby imposed an access fee of fifteen cents per local exchange service line per month, fifteen cents per cellular telephone per month in accordance with the provisions provided in subdivision 34-45-1(7), and fifteen cents per radio pager device per month to pay for the program established in §49-31-47. The access fee shall be paid by each local exchange subscriber to a local exchange service, or by each cellular telephone or radio pager service subscriber to the service provider, unless the subscriber is otherwise exempt from taxation. The access fee shall be reported as a separate line or service and collected on the regular monthly bill by each local exchange telecommunications company or other service provider operating in this state. On or before the last day of the month following each two-month period, every telecommunications company providing local exchange service or other service provided specified in this section shall remit to the Department of Revenue on forms furnished by the department the amount of the access fee collected for that two- month period. The secretary of revenue may grant an extension of not more than five days for filing a remittance. The Department of Revenue shall deposit ninety percent of the money received pursuant to the provisions of §§49-31-47 to 49-31-56, inclusive, into the telecommunication fund for the deaf and ten percent in the telecommunication fund for other disabilities.
Source:
SL 1989, ch 401, §4; SL 1991, ch 385; SL 1997, ch 267, §5; SL 2002, ch 61, §4; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2006, ch 237, §§1, 2; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2014, ch 221, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-51.1 - Promulgation of rules to administer access fee.

49-31-51.1. Promulgation of rules to administer access fee.
The secretary of revenue may promulgate rules, pursuant to chapter 1-26, to administer the fee imposed pursuant to §49-31-51. The rules may include:
(1)The filing of returns and payment of the fee;
(2)Determining the application of the fee;
(3)Record-keeping requirements; and
(4)Determining auditing methods.
Source:
SL 2000, ch 68, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-52 - Liability for uncollected fees.

49-31-52. Liability for uncollected fees.
No local exchange telecommunications company has any obligation to take any legal action to enforce the collection of any charge imposed pursuant to §§49-31-47 to 49-31-56, inclusive. The local exchange company is not liable for such uncollected amounts.
Source:
SL 1989, ch 401, §4A.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-53 - Annual review of access fee--Report to legislature.

49-31-53. Annual review of access fee--Report to legislature.
The access fee imposed in §49-31-51 is subject to annual review by the Department of Human Services. Each year the department shall report to the legislature and recommend whether the access fee should be increased or decreased in order that the money raised by the access fee pays for the costs of the program.
Source:
SL 1989, ch 401, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-54 - Administrative cost for collection of fee.

49-31-54. Administrative cost for collection of fee.
The local exchange telecommunications company may deduct and retain one hundred dollars or one percent of the collected amount, whichever is greater, as the cost of administration for collecting the charge.
Source:
SL 1989, ch 401, §5A.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-55 - Sources of funds in addition to access fees.

49-31-55. Sources of funds in addition to access fees.
The secretary of the Department of Human Services may accept and expend for the purpose of §§49-31-47 to 49-31-56, inclusive, in addition to the amount in §49-31-47, any funds obtained from federal sources, gifts, contributions or any other source if such acceptance and expenditure is approved in accordance with §4-8B-10.
Source:
SL 1989, ch 401, §7.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-56 - Method of payment of expenditures.

49-31-56. Method of payment of expenditures.
Expenditures authorized by the provisions of §§49-31-47 to 49-31-56, inclusive, shall be paid on warrants drawn by the state auditor on vouchers approved by the secretary of the Department of Human Services. Expenditure for services for individuals who have deafness, deaf blindness, hearing impairments, and speech impediments and expenditures for the dual party relay service shall be paid from the telecommunication fund for the deaf. Expenditure for services for individuals with all other disabilities shall be paid from the telecommunication fund for other disabilities.
Source:
SL 1989, ch 401, §8; SL 1997, ch 267, §6; SL 2014, ch 221, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-56.1 - Promulgation of rules regarding telecommunications and communication services program.

49-31-56.1. Promulgation of rules regarding telecommunications and communication services program.
The Department of Human Services may promulgate rules, pursuant to chapter 1-26, for the administration of the telecommunications and communication services program. The rules may include:
(1)Eligibility determination, criteria, and application procedures;
(2)The amount and scope of services; and
(3)Methods of administration.
Source:
SL 2014, ch 221, §7.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-57 - Penalty for pleading filed for improper purpose--Sanction by commission.

49-31-57. Penalty for pleading filed for improper purpose--Sanction by commission.
The commission may on its own motion or upon the motion of any party, assess against a party reasonable attorney fees, expert witness fees, discovery costs, transcript fees or other expenses of the commission or another party to a proceeding if a party has filed a pleading with the commission that is interposed for an improper purpose, such as to harass, cause unnecessary delay or needlessly increase the cost of litigation. Any sanction imposed by the commission shall be pursuant to and consistent with §15-6-11.
Source:
SL 1992, ch 328, §40.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-58 - Alternative methods of assigning costs for certain services.

49-31-58. Alternative methods of assigning costs for certain services.
If it is determined to be in the public interest, the commission may utilize cost allocation methods other than fully distributed methods as provided for in §49-31-4 for the assignment of costs among jointly provided noncompetitive services, emerging competitive services, or fully competitive services. In determining whether any alternative method of assigning costs is in the public interest the commission shall consider:
(1)The impact of the method on efforts to preserve universal telecommunications service;
(2)The extent to which the method will promote competition and facilitate the offering of advanced telecommunications services to all classes of ratepayers throughout the state; and
(3)Any other factors that the commission considers relevant to the public interest.
Source:
SL 1995, ch 263, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-59 - Procedures for approving sale of telecommunications exchanges.

49-31-59. Procedures for approving sale of telecommunications exchanges.
Any sale of a telecommunications exchange shall be approved by the commission. Within twenty days following receipt of a telecommunications company's application to sell an exchange, the commission shall publish notice of the proposed sale in a newspaper of general circulation in each county in which an exchange to be sold provides service. The applicant shall reimburse the commission for the cost of the publication. The notice shall inform the public of their right to file a petition of intervention in the proceeding or to submit comment within fifteen days following publication of the notice. The commission shall consider the protection of the public interest, and to the extent applicable, the adequacy of local telephone service, the reasonableness of rates for local service, the provision of 911, enhanced 911, and other public safety services, the payment of taxes, and the ability and commitment of the local exchange company to provide modern, state-of-the-art telecommunications services. If no hearing is held on the application, the commission shall issue its order pursuant to this section within forty-five days following the publication of the notice. If a hearing is held on the application, the commission shall issue its order pursuant to this section within one hundred twenty days following the publication of the notice. The commission's order may include conditions that the commission finds necessary to ensure compliance with the criteria set forth in this section. For the purposes of this section, the term, sale, means the passing, for consideration, of title to the assets comprising a telecommunications exchange, but does not include nonasset sale transactions such as mergers, consolidations, stock sales, or financing transactions. For the purposes of this section, the term, exchange, means the switching, transmission, other equipment and facilities and associated permits, authorizations, service rights, customer contracts, and related assets by which a telecommunication company provides local exchange service throughout a local exchange area utilizing its own facilities.
Source:
SL 1995, ch 263, §2; SL 2005, ch 245, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 31 - Telecommunications Services › Section 49-31-59.1 - Legislative intent--Joint provisioning and revenue-pooling arrangements--Commission review and approval--Exemptions--Construction.

49-31-59.1. Legislative intent--Joint provisioning and revenue-pooling arrangements--Commission review and approval--Exemptions--Construction.
It is the intent of the Legislature to encourage telecommunications companies to more efficiently meet the infrastructure deployment goal described in §§49-31-60 and 49-31-61 for a fully integrated SONET backbone of interconnected survivable rings. To that end, telecommunications companies may jointly provide facilities and enter into revenue-pooling arrangements between and among themselves relating to the provisioning of these facilities. Any such arrangement shall be subject to commission review and approval and, to the extent it has received such approval, may not be construed as violating any state or local laws governing unfair trade practices, antitrust or restraint of trade. Further, it is the intent of the Legislature that any such approved arrangement shall be exempt from federal laws governing unfair trade practices, antitrust, or restraint of trade. Except with respect to such joint provisioning of facilities and revenue pooling arrangements approved by the commission, both state and federal laws governing unfair trade practices, antitrust, and restraint of trade shall apply with full force and effect. The joint provisioning of facilities within an arrangement consistent with the limited purpose described in this section may not be construed as imposing additional common carrier obligations on the participating companies. The provisions of this section may not be construed to permit any telecommunications company to take any action that is contrary to the public interest.
Source:
SL 1998, ch 274, §27.